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Judicial Preferences
(Return to Magistrate Judge Mannion's Biography)

Written correspondence from counsel to the court.
Judge Mannion accepts written correspondence from counsel via ECF.

Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Mannion prefers in-person conferences, particularly when discussing settlement. If requested by the parties, he may conduct some conferences by telephone, especially Case Management Conferences and Discovery Dispute Conferences.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge Mannion does not desire courtesy copies of motions, briefs, or other filings unless specifically requested.

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 Mannion essentially complies with the requirements of federal rule 26 and local rule 26.1 et seq.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge Mannion gives great weight to counsel in these matters as long as they are acting reasonably and in good faith.

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 Mannion prefers to adhere to the six-month discovery period for standard cases set forth in the local rules.

Handling of confidentiality agreements, particularly in light of the Third Circuit's recent opinions on the prerequisites for imposing confidentiality agreements.
Judge Mannion does not encourage the use of confidentiality agreements unless the matter involves unusually sensitive material.

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 Mannion schedules trials for a date certain as early as possible, normally at the initial Case Management Conference. It is highly unusual for a trial date to be moved during the month it is scheduled..

Trial briefs submitted by counsel.
Judge Mannion requires submission of trial briefs as required by the local rules, prior to the Final Pretrial Conference.

Counsel participation in voir dire.
Judge Mannion generally allows counsel to conduct voir dire in civil cases. In criminal cases, he conducts voir dire and allows counsel to participate.

Whether more than one attorney may handle trial for a party.
Judge Mannion allows more than one attorney to handle a case 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 Mannion follows the requirements of the local rules for pre-marking and submission of exhibits to opposing counsel five days in advance of the pre-trial conference. Judge Mannion requires counsel to review all exhibits prior to trial and allows for the admission of an exhibit at any time after a proper foundation has been laid.

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 Mannion encourages submission of proposed jury instructions as early as possible, but no later than as set forth in local rule 51.1. In all other respects, Judge Mannion follows the requirements of local rule 51.1.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge Mannion requires an agreed upon special verdict slip, jointly prepared by counsel.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge Mannion pursues settlement thoroughly in jury cases, but refers all non-jury settlement discussion to another judge. Judge Mannion encourages consent before a Magistrate Judge.


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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