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Judicial Preferences
(Return to Judge McClure's Biography)

Written correspondence from counsel to the court.
Judge McClure discourages correspondence from counsel. As a general rule, he will take no action based upon correspondence.

Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
The only pre-trial conference for which Judge McClure insists there be an in-person conference is the final pre-trial/settlement conference held approximately one month prior to the date of jury selection. Judge McClure directs that all other pre-trial conferences be held by telephone conference call, unless an in-person conference is requested by counsel.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge McClure does not wish to receive courtesy copies of any document, and counsel are directed to refrain from sending courtesy copies to him.

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 McClure does not diverge from the rules.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge McClure gives full consideration to counsel's requests regarding length of discovery, extension, trial dates and other scheduling matters.

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 McClure has no set standard.

Handling of confidentiality agreements, particularly in light of the Third Circuit's recent opinions on the prerequisites for imposing confidentiality agreements.
Judge McClure has no special procedures for handling confidentiality agreements.

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 McClure's initial scheduling order assigns a specific date for jury selection. If possible, Judge McClure sets specific dates for presentation of the case to the jury at the final pre-trial conference, approximately one month prior to jury selection.

Trial briefs submitted by counsel.
Despite the applicable local rule, Judge McClure directs trial briefs to be filed at the commencement of trial only if there are matters which counsel believe to have particular legal significance.

Counsel participation in voir dire.
Judge McClure conducts voir dire in both criminal and civil cases.

Whether more than one attorney may handle trial for a party.
Judge McClure permits more than one attorney to handle trial and he permits alternate attorneys to question witnesses.

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 McClure requires pre-marking of exhibits, as required in 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 McClure encourages counsel to limit proposed jury instructions to those specific to the case.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge McClure routinely submits written verdict forms to the jury. Judge McClure prepares the forms after giving due consideration to verdict forms proposed by counsel.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge McClure encourages settlement and will be actively involved in any stage of the settlement negotiations upon request of counsel. In non-jury cases, Judge McClure will suggest a reference to a magistrate judge, a senior district judge, or a mediator.


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.


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