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Judicial Preferences
(Return to Judge Munley's Biography)

Written correspondence from counsel to the court.
Judge Munley permits correspondence on some minor uncontested matters. However, where counsel seeks an order on a contested matter, a formal motion should be filed.

Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Munley uses telephone conferences for such matters as pre-trial discovery conferences or scheduling matters. However, for purposes of settlement conferences, it is preferred that all attorneys actually be present.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge Munley follows the local rule, which directs counsel not to provide courtesy copies of motions, briefs, or other writings to chambers.

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 Munley follows the procedures set forth in the local rules regarding depositions and discovery. The parties are encouraged to commence discovery, including initial disclosures, as early as practicable. The parties need not wait for the case management conference to begin discovery.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge Munley 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 Munley typically allows 120 days from the date of the case management conference.

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 Munley assigns a date for jury selection at the pre-trial conference, 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 Munley prefers that a pre-trial memorandum be submitted in every case prior to the pre-trial conference.

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

Whether more than one attorney may handle trial for a party.
Judge Munley 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 Munley 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 Munley requires proposed instructions to be filed before trial and, in any event, before the party begins presenting its case. Judge Munley 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 Munley uses interrogatories in most civil cases. Judge Munley accepts input from counsel and expects proposed verdict slips to be submitted, but generally prepares his own verdict slips.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge Munley 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.


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