Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Caldwell prefers telephone conferences for case management conferences and, in most cases, for dealing with discovery disputes.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge Caldwell does not wish to receive "courtesy copies," as per M.D. LR5.2.

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 Caldwell has no particular preferences.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge Caldwell usually tries to accommodate counsel if reasonable requests are made.

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.
In a typical case, Judge Caldwell allows six months for discovery.

Handling of confidentiality agreements, particularly in light of the Third Circuit's opinions on the prerequisites for imposing confidentiality agreements.
Judge Caldwell usually agrees to confidentiality regarding discovery matters. Judge Caldwell considers confidentiality of settlements individually.

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 Caldwell sets the trial month at the case management conference. He generally tries cases as scheduled. Judge Caldwell uses a trailing trial list, with criminal matters taken first, civil jury matters next, and non-jury trials last.

Trial briefs submitted by counsel.
Judge Caldwell directs counsel to comply with the local rule governing submission of trial briefs.

Counsel participation in voir dire.
Judge Caldwell conducts voir dire in all cases but allows limited written suggestions by counsel.

Whether more than one attorney may handle trial for a party.
Judge Caldwell allows more than one attorney to handle a trial 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 Caldwell directs counsel to comply with the applicable local rules regarding marking and exchange of exhibits.

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 Caldwell requires that requests be concise and limited to specific matters in dispute.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge Caldwell usually uses special interrogatories and encourages input from counsel.

General approach to settlement in non-jury cases and use of magistrate judges.
Judge Caldwell will not participate in settlement discussions in non-jury cases but will, instead, refer the matter to a magistrate judge or a mediator.

PLEASE NOTE: These Preferences are courtesy of the Pennsylvania Bar Institute's Middle District Manual (4^th 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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