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Judicial Preferences
(Return to Chief Magistrate Judge Blewitt's  Biography)

Written correspondence from counsel to the court.
Judge Blewitt accepts correspondence but advises that it should not include motions.

Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Blewitt conducts case management conferences and status conferences by telephone. He conducts settlement conferences and pre-trial conferences in person.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge Blewitt does not desire courtesy copies
. However, for all filings in excess of 50 pages, Judge Blewitt requires a paper copy, with exhibits tabbed, to be mailed to his Chambers at P.O. Box 443, Scranton, PA 18501-0443.

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 Blewitt does not diverge from the rules.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge Blewitt is flexible "within reason" and takes into account the specific needs of the parties and counsel.

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 Blewitt allows approximately six months for discovery but that time varies with the circumstances of the case.

Handling of confidentiality agreements, particularly in light of the Third Circuit's recent opinions on the prerequisites for imposing confidentiality agreements.
Judge Blewitt reports that he has had no occasion to deal with 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 Blewitt schedules trials for dates certain as early in the proceedings as possible. He may set the date as early as the case management conference depending on the complexity of the case. Once set, trial dates are rarely changed.

Trial briefs submitted by counsel.
Judge Blewitt requires submission of trial briefs as required by the local rules.

Counsel participation in voir dire.
In civil cases, Judge Blewitt allows counsel to conduct voir dire (except for pro se litigants).

Whether more than one attorney may handle trial for a party.
Judge Blewitt 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 Blewitt requires pre-marking as indicated 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 Blewitt requires submission of proposed instructions as early as possible. He does not strictly adhere to the limit on the number of proposed instructions included in the local rules.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge Blewitt encourages counsel to submit proposed verdict forms and they are routinely accepted.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge Blewitt refers all non-jury matters to other judges for settlement discussions.


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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