Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Smyser has no preference for either an in-person case management conference or a telephone case management conference, but requires all participants to participate by the same medium. Pretrial conferences are in person.

Preference regarding pro hac vice admissions.
Judge Smyser requires use of the special admission form available from the Clerk of Court.

Courtesy copies of motions, briefs, and other writings for chambers.
Courtesy copies of motions and briefs are no longer germane because of CM/ECF.

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.
Counsel are expected to make all reasonable efforts to resolve discovery disputes. Counsel are instructed by Judge Smyser at the case management conference that, before any discovery motion is filed, counsel are to initiate a conference with Judge Smyser. Judge Smyser attempts to resolve the dispute without the necessity of a motion. The request for a conference should be made to the judge’s law clerk. A brief description of the nature of the dispute should be provided (without any discussion of the merits of the positions of the parties).

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Counsel’s joint case management plan is given great weight. The plan should allot adequate time for decisions of dispositive motions - 9 weeks from the dispositive motions deadline to the pretrial conference in a consent case and 15 weeks in a referral case. Judge Smyser’s position is that the case management order’s dates and deadlines are not subject to extensions, once in place, unless extraordinary circumstances are presented and a timely motion is made.

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.
Six months is the average amount of time allotted for discovery in a standard track case. Counsel’s agreed discovery deadline is usually accepted. As already stated, the deadline is not extended unless extraordinary circumstances arise and a timely motion is brought.

Handling of confidentiality agreements, particularly in light of the Third Circuit’s recent opinions on the prerequisites for imposing confidentiality agreements.
Confidentiality agreements are not generally approved. (The court does not by an order permit or require confidentiality.) The parties may agree to a lawful confidentiality agreement.

Preferences regarding requests for additional pages in excess of the page limitations set forth in Middle District Local Rule 7.8.
Judge Smyser requires all such requests be made by a written motion.

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.
A date certain for jury selection is set in the case management order. In his case management order, Judge Smyser sets jury cases for the first Monday of the month. All juries for that term are selected in the order in which the cases were assigned to that month’s trial list. Judge Smyser tries the cases on a trailing list in the same order. Judge Smyser tries non-jury cases by setting a certain date.

Trial briefs submitted by counsel.
Trial briefs are required in some cases, by the final pretrial order. If not required, they are optional.

Counsel participation in voir dire.
In civil cases, Judge Smyser conducts a general voir dire and usually allows counsel to supplement. In criminal cases, Judge Smyser conducts the entire voir dire.

Whether more than one attorney may handle trial for a party.
Judge Smyser has allowed more than one attorney to handle a trial for a party.

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 Smyser requires pre-marking and exchange of exhibits at the pre-trial conference of the attorneys held prior to the final pre-trial conference with the court held under M.D.Pa. LR16.3. Each page of each documentary exhibit should be separately marked.

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 Smyser requires that counsel submit proposed jury instructions in accordance with the local rules.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge Smyser routinely submits written verdict forms. Proposed forms and proposed verdict questions are carefully reviewed and used when the court considers them to be appropriate.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge Smyser asks counsel to discuss settlement at the pretrial conference.

PLEASE NOTE: These Preferences are courtesy of the Pennsylvania Bar Institute's Middle District Manual (4^th 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.

Feedback

Privacy Statement