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Judicial Preferences
(Return to Judge Nealon's Biography)

Written correspondence from counsel to the court.
Judge Nealon has no objections to written correspondence from counsel.

Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Nealon prefers in-person conferences because he finds them to be more productive. Judge Nealon particularly prefers in-person conferences when discussing settlement.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge Nealon 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 Nealon essentially follows Federal Rule 26 and M.D. Pa. Local Rule 26.1 et seq. as written.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge Nealon permits counsel to influence these matters if he considers them reasonable and requested 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 Nealon tends to adhere to the six-month discovery period for standard cases, as set forth in the Middle District local rules.

Handling of confidentiality agreements, particularly in light of the Third Circuit's recent opinions on the prerequisites for imposing confidentiality agreements.
Judge Nealon discourages confidentiality agreements unless clearly warranted.

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.
After the initial case management conference, Judge Nealon requests periodic status reports on the progress of discovery and he sets trial dates when the discovery is or should be, in his opinion, completed.

Trial briefs submitted by counsel.
Judge Nealon requires that trial briefs be submitted by counsel, as required by the local rules.

Counsel participation in voir dire.
Judge Nealon conducts voir dire in criminal cases but allows counsel to conduct voir dire in civil cases unless he finds the voir dire process is being abused or unnecessarily prolonged.

Whether more than one attorney may handle trial for a party.
Judge Nealon allows more than one attorney to handle trial for a party but will consider objections by opposing counsel and may not permit it in certain cases.

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 Nealon follows the requirements of the Middle District local rules for pre-marking and submission of. exhibits to opposing counsel five days in advance of the pre-trial conference.

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 Nealon follows the Middle District local rules with respect to proposed jury instructions.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge Nealon routinely submits special verdict questions, which typically are prepared by counsel but sometimes modified by him.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge Nealon pursues settlement thoroughly but refers all settlement discussions in non-jury cases to a magistrate judge or 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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