Return to Judicial Officers and Preferences

Judicial Preferences
(Return to Judge Kosik's Biography)

Written correspondence from counsel to the court.
Judge Kosik allows such correspondence so long as all counsel are copied.

Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Kosik allows telephone conferences except for the final pre-trial conference.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge Kosik does not wish to receive courtesy copies.

Federal Rule 26 and M.D. Pa. Local Rule 26.1 et seq. (including your approach to initial disclosures, discovery prior to the Rule 16 conference) and preferences as to the matters encompassed within those Rules.
Judge Kosik prefers that counsel commence discovery immediately and not wait for the case management conference.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge Kosik allows counsel to have input.

The average amount of time allowed for discovery in a standard track case and the extent to which the standard amount of time is varied.
Judge Kosik typically allows 120 days from the filing of the answer.

Handling of confidentiality agreements, particularly in light of the Third Circuit's recent opinions on the prerequisites for imposing confidentiality agreements.
Judge Kosik follows the circuit rulings.

Procedure for scheduling trials, including whether a date certain for trial is assigned; if so, the amount of time prior to trial that such a date certain is assigned; and the extent to which it may be moved during the month in which it has been scheduled.
Judge Kosik assigns a date for jury selection at the pre-trial conference and usually two months before the trial date. He usually reaches all cases on his list in a given month.

Trial briefs submitted by counsel.
Judge Kosik prefers to receive trial briefs in advance of trial, as required by the local rule.

Counsel participation in voir dire.
Judge Kosik conducts voir dire and counsel are allowed to ask follow-up questions.

Whether more than one attorney may handle trial for a party.
Judge Kosik allows more than one attorney to handle trial.

Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial and the date upon which exchange of exhibits is to take place, if any.
Judge Kosik prefers pre-marking of exhibits as required by the local rules.

Practice for the receipt of proposed jury instructions, including the form of jury instruction, and any divergence from the number of jury instructions permitted by the Middle District local rules.
Judge Kosik requires proposed instructions to be filed before trial and, in any event, before the party begins presenting its case. Judge Kosik is liberal with the number of proposed instructions that may be offered.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge Kosik uses interrogatories in most civil cases. Judge Kosik accepts input from counsel but generally prepares his own verdict slips.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge Kosik involves himself in settlement but refers settlement matters to another judge in non-jury cases.


PLEASE NOTE: These Preferences are courtesy of the Pennsylvania Bar Institute's Middle District Manual (4th ed., April 2001). More complete Preferences for each Middle District Judicial Officer are contained in the Middle District Manual. For more information on purchasing the Manual, visit the PBI's home page.


Return to Judicial Officers and Preferences.

Return to main page.

Feedback

Privacy Statement