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Written correspondence from
counsel to the court.
Judge Brann does not permit
correspondence in lieu of formal discovery or contested motions or other
substantive matters which should be made of record. Judge Brann does permit
correspondence on minor uncontested matters or for the purpose of scheduling
telephonic discovery conferences. All letters to the court must be filed on
ECF
Communication between
counsel and your law clerks.
Judge Brann has no objection if law
clerks are used as vehicles for relaying information to the court. He does
not permit law clerks to give advice to counsel.
Preference for the use of
telephone conferences.
Judge Brann will generally conduct
telephone conferences rather than in-person conferences. Final pre-trial
conferences will, however, be conducted in-person. Judge Brann requires that
discovery conferences be conducted by telephone prior to the filing of a
formal discovery motion.
Requirement of a formal
motion for pro hac vice admissions.
Judge Brann requires counsel to complete the application available on the
Court’s website or in the clerk’s office.
Oral arguments and
evidentiary hearings.
Judge Brann does not routinely hear
oral argument on motions, but will consider it on request of counsel or if
he believes it will assist him in deciding the motion. Judge Brann does not
set aside specific days or times for oral arguments or evidentiary hearings.
Arguments and hearings are scheduled on an ad hoc basis. Counsel should make
a formal request for the same by way of a motion filed in accordance with
the local rules.
Courtesy copies of
motions, briefs and other writings for chambers.
Judge Brann prefers not to receive
courtesy copies of filings.
Standard form of
scheduling order and the extent to which scheduling orders are changed to
accommodate particular cases.
Judge Brann employs several standard orders, copies of which appear at the
end of this list of preferences. He makes accommodations when they are
justified.
Federal Rule 26 and M.D.
Pa. Local Rule 26.1.
Judge Brann generally follows Fed. R. Civ. P. 26 and L.R. 26.1 et. seq. as
to mandatory disclosure requirements but discourages discovery prior to the
Rule 16 conference.
The extent to which
counsel may influence the length of the discovery period, extensions, trial
dates, etc.
Judge Brann considers such requests on a case-by-case basis.
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 Brann permits eight months in a standard track case. He permits
extensions of time to complete discovery when they are justified.
Preferred approach and
procedures for handling discovery conferences and disputes.
Judge Brann requires counsel to alert the Court by letter filed on the
docket as to any discovery dispute prior to filing a formal motion. A
telephonic conference call will then be scheduled by the Court in an attempt
to resolve the discovery dispute informally. If this proves unsuccessful,
the parties will be directed to file a formal motion, with an anticipated
formal response. In many cases, Judge Brann will refer discovery disputes to
magistrate judges.
Handling of
confidentiality agreements.
Judge Brann handles confidentiality agreements according to the
dictates of the Third Circuit decisions and any other applicable law. See
Pansy v. Borough of Stroudsburg, 23 F. 3d 772 (3d Cir. 1994).
Approach to requests for
additional pages in excess of the page limitation set forth in Local Rule
7.8.
Judge Brann considers such requests on a case-by-case basis.
Particular guidance
regarding pretrial memoranda.
Judge Brann considers pretrial memoranda essential. He requests that they be
filed one week in advance of the pretrial conference to permit his review of
them, as noted in the initial case management order.
Use of different pretrial
memorandum format than that included with the Middle District Local Rules.
Judge Brann does not use a different format than is included in the local
rules.
Procedure for scheduling
trials.
At the initial case management conference, Judge Brann schedules trials in
advance for a given month. He generally does not give a date certain, but
will consider doing so for some non-jury matters. He advises that trials may
be moved within a given month and that criminal matters are given priority.
Judge Brann will advise counsel as soon as possible when each case will be
called for trial. On trial days, the Court will start at 9:30 a.m. and may
sit until 5:00 p.m. or later.
How needs of out-of-town
parties, attorneys, or witnesses are accommodated.
Judge Brann makes accommodations by
allowing telephone conferences in some cases and scheduling in-person
conferences so as to allow time for travel. Judge Brann also considers these
factors when setting the trial date, typically at the time of the pre-trial
conference.
Prefer expert witnesses
scheduled to testify to provide written reports.
Judge Brann prefers that any such
reports be submitted to the Court by counsel as part of their pretrial
memoranda. Failure to do so will bar the use of the expert’s testimony at
trial.
Trial briefs submitted by
counsel.
Judge Brann generally does not require trial briefs.
Counsel participation in
voir dire.
Judge Brann will conduct voir dire, but directs written submissions of
proposed questions from counsel.
Time limits, if any, for
opening and closing statements at trial.
Judge Brann generally does not impose
time limitations for opening and closing statements.
Preference regarding
whether counsel examine witnesses from counsel table or elsewhere, including
whether counsel should remain seated while examining witnesses.
Judge Brann has no preference.
Whether more than one
attorney may handle trial for a party.
Judge Brann allows more than one
attorney to handle trial for a party. He will not permit more than one
attorney for a party to examine the same witness.
Particular practices for
handling sidebar conferences.
Judge Brann has no particular
practices aside from discouraging repetitive and unnecessary sidebar
conferences.
Special requirements for
introducing videotaped testimony.
Judge Brann requires counsel to view
all videotaped depositions for the purpose of editing the videotape and
resolving material objections before offering the videotape as evidence.
When videotaped testimony is presented, Judge Brann requires a printed
transcript for submission to the record.
Pre-marking of documentary
and photographic exhibits.
Judge Brann requires that all exhibits be pre-marked and exchanged with
opposing counsel prior to the commencement of trial.
Preferred
procedure for the moving of exhibits into evidence at trial.
Judge Brann requires that exhibits be moved into evidence at the
conclusion of the examination of the witness.
Examination of witnesses
beyond redirect and recross.
Judge Brann does not permit
examination of witnesses beyond redirect and recross, unless the need is
clear.
Special requirements for
reading of depositions or other materials into the record at trial.
Judge Brann has no particular
requirements.
Requirement of a written
motion and/or brief for judgment as a matter of law or judgment on the
pleadings when such motion is made during trial.
Judge Brann adopts the stance of his
colleague, Judge William W. Caldwell, who does not require a written motion
but suggests that it is "just good practice to file a written motion (no
brief) as follow-up."
Approach to in limine
motions.
Judge Brann sets a deadline for
motions in limine in the case management order. He does not permit in limine
motions at trial.
Practice for the receipt
of proposed jury instructions.
Judge Brann requires that proposed
jury instructions be submitted one week prior to the time of the pretrial
conference. He generally adheres to the number of jury instructions
permitted by the local rules, with exceptions made, as deemed appropriate.
Note-taking by jurors.
Judge Brann allows note-taking by
jurors.
Whether the jury may take
exhibits into the jury room.
Judge Brann generally allows exhibits
to be taken to the jury room, with the exception of expert reports or
medical records, and subject to agreement or objection by counsel.
Written verdict forms.
Judge Brann routinely submits verdict
forms. He requires counsel to submit proposed verdict forms and then
prepares the final verdict form that is to be answered by the jury.
Written jury
instructions provided to the jury.
Judge Brann will provide a written copy of the charge to each juror
immediately before charging the jury.
Requirements as to
counsel’s whereabouts.
Judge Brann requires counsel to be on
standby at all times, within ten minutes of the assigned courtroom.
Whether counsel may speak
with the jurors after a verdict.
Judge Brann permits counsel to speak with the jury post-verdict, although
the jurors are told that they are under no obligation to speak with counsel.
If there is a request to poll the jury, the courtroom deputy conducts any
polls. Judge Brann will not permit polling after he has instructed his
courtroom deputy to enter judgment on the verdict.
Jury requests for review
of testimony or recorded evidence.
Judge Brann may grant such requests
depending upon the circumstances.
Handling request for
temporary restraining orders.
Judge Brann has no particular
practice for requests for emergency relief, except that counsel seeking ex
parte relief must be prepared to state what efforts were made to notify the
opposing party or counsel of the intention to seek emergency relief.
As to injunctions, whether
expedited discovery.
Judge Brann attends to all matters
related to injunctions on a case-by-case basis.
Prefer to receive copies
of appellate filings.
Judge Brann does not require copies
of appellate filings.
General approach to
mediation matters.
Judge Brann facilitates mediation
when the parties indicate a willingness to mediate. When conducting
mediation, he will request confidential settlement memoranda from the
parties.
General approach to
settlement and non-jury cases.
Judge Brann strongly encourages
settlement and directs counsel to the Middle District’s mediators. He
believes that the Court’s involvement in settlement conferences is generally
helpful and will become involved in settlement of jury cases. Judge Brann
will refer cases to magistrate judges and outside negotiators as determined
by requests of the parties.
Variance in practice and
procedures between criminal cases and civil cases.
Judge Brann does not vary his
practice between criminal and civil cases.
Particular procedures as
to magistrate judge reports.
None.
Approach to media
communications.
Since federal judges provide reasons
for the decisions rendered, there is generally no need to have media
communication.
Particular approach or
practices regarding pro se matters.
None.
Particular approach or
practices regarding default proceedings.
None.
Other preferences:
It seems to me that a federal district judge should be the least memorable
person in the courtroom. To that end, I believe that lawyers should be
permitted to try their cases, bounded by a working knowledge of the
applicable civil or criminal rules, the Federal Rules of Evidence and
civility, both to the court and to one another. |
