Court Rules
Senior Judge

Judge Joel H. Slomsky

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of Pennsylvania

Limits & Logistics

Document Limits

Reply
10 pgs
Reply Brief
10 pgs

Courtesy Copies

All filings

  • 2 copies • Hand Delivery • Upon Filing

Courtesy copies

  • 3 copies

Exhibits

  • 1 copy
  • 1 copy • At Final Pretrial Conference
  • 2 copies • At Trial

Motion, Brief

  • 2 copies • Upon Filing

Communication

Phone

Chambers

267-299-7341
SchedulingTechnical Issues
No status inquiries
Phone

Clerk

Emergencies
Hours: during_jury_deliberations
No status inquiries
Letter via fax

Chambers

No status inquiries
Letter via ECF

Chambers

SchedulingEmergencies
No status inquiries
Cases:
Filters:AllMandatoryImportantFormattingConferencesJuryMemorandaDiscoveryExhibitsSummary JudgmentBinders/Tabs

Page & Word Limits4 rules

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the initial brief, may be filed within seven days of service of the opponent's brief in opposition and shall be limited to ten pages.

Summary: Reply briefs must be filed within 7 days and are limited to 10 pages.

Reply

10 pages

slopol2 · p. 5
|SecMotions Practice - Reply Briefs
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the initial brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages. No further briefs may be filed.

Summary: Reply briefs are limited to 10 pages and must be filed within 7 days of the opposition brief.

Reply Brief

10 pages

Page Limits

Machine summary. Not checked yet.Important?

Rebuttal should not take more than five minutes and must not be a rehashing of counsel's closing argument.

Summary: Rebuttal limited to 5 minutes; cannot rehash closing argument.

Structured details unavailable. See the source text.

Page Limits

Machine summary. Not checked yet.Important?

Judge Slomsky permits counsel to conduct voir dire in civil cases. There is generally a time limit of thirty (30) minutes for each side for voir dire.

Summary: 30-minute time limit for voir dire in civil cases.

Structured details unavailable. See the source text.

Document Format Requirements7 rules

Formatting

Machine summary. Not checked yet.Mandatory?

Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.

Summary: All exhibits must be arranged and tabbed in a single three-ring binder, numbered consecutively.

Layout & Binding
Binding Style
Three Ring Binder
slopol3 · Dec 2009 · p. 3
|SecPreparation of Exhibits
Formatting

Machine summary. Not checked yet.Mandatory?

Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.

Summary: Exhibits must be arranged in a single tabbed three-ring binder and numbered consecutively.

Layout & Binding
Binding Style
Tabbed Three Ring
slopol3 · Dec 2009 · p. 3
|Sec12. Preparation of Exhibits
Formatting

Machine summary. Not checked yet.Mandatory?

They should be on hard copy and on a disk in WordPerfect format.

Summary: Proposed findings of fact and conclusions of law must be submitted on hard copy and disk in WordPerfect format.

Required Format

Word Perfect

slopol3 · Dec 2009 · p. 4
|Sec17. Proposed Findings of Fact and Conclusions of Law
Formatting

Machine summary. Not checked yet.Mandatory?

If counsel cannot agree, proposed alternative instructions must be submitted with authority for each instruction. If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets. Counsel shall also submit proposed jury instructions and verdict forms on a disk in WordPerfect format.

Summary: Alternative jury instructions must include authority; model instructions must indicate changes (underlined/added, bracketed/deleted); submit on WordPerfect disk.

Required Format

Word Perfect

slopol3 · Dec 2009 · p. 4
|SecJury Instructions
Formatting

Machine summary. Not checked yet.Mandatory?

Proposed findings of fact and conclusions of law in a non-jury trial should be submitted at least seven (7) days before the trial or trial pool date. They should be on hard copy and on a disk in WordPerfect format. The parties may submit revised or supplemental findings fact and conclusions of law with specific reference to trial evidence at the conclusion of the case. A schedule for the submission of revised findings/conclusions will be discussed at the conclusion of trial.

Summary: Proposed findings/conclusions due 7 days before trial; submit hard copy and WordPerfect disk; revised versions allowed with trial evidence references.

Required Format

Word Perfect

slopol3 · Dec 2009 · p. 4
|SecProposed Findings of Fact and Conclusions of Law
Formatting

Machine summary. Not checked yet.Mandatory?

Counsel shall also submit proposed jury instructions and verdict forms on a disk in WordPerfect format.

Summary: Proposed jury instructions and verdict forms must be submitted on disk in WordPerfect format.

Required Format

Word Perfect

slopol3 · Dec 2009 · p. 4
|SecJury Instructions
FormattingCivil cases

Machine summary. Not checked yet.Important?

Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.

Summary: Exhibits must be arranged in a single three-ring binder with consecutive numbering and tabs.

Layout & Binding
Binding Style
Three Ring Binder
slopol2 · p. 6
|SecFinal Pretrial Conference

Document Filing Requirements50 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

Exhibits may be published to the jury at the end of the party’s examination of the witness or prior to a break. If the exhibit is necessary to explain the testimony, Judge Slomsky may permit it to be published during the testimony. Ordinarily, permission should be sought prior to the witness taking the stand.

Summary: Exhibits may be published after witness examination or before breaks; permission needed before witness takes stand.

Document Type

Exhibit

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 3
|SecOffering Exhibits into Evidence
Filing Requirements

Machine summary. Not checked yet.Mandatory?

At the final pretrial conference, the parties shall provide the Court with one copy of each exhibit and three copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the parties shall provide the Court with two copies of each exhibit.

Summary: Provide 1 copy of each exhibit and 3 copies of exhibit schedule at final pretrial conference; 2 copies of each exhibit at trial.

Document Type

Exhibit

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 3
|SecPreparation of Exhibits
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Any party expecting to offer lay opinion testimony pursuant to Federal Rule of Evidence 701 regarding issues of liability or damages shall provide the opposing parties with information or documents supporting the testimony at the time required for submission of expert reports.

Summary: Lay opinion testimony under FRE 701 requires disclosure of supporting information/documents at expert report deadline.

Document Type

Lay Witness Opinion

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 3
|SecLay Witness Opinion
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Motions for judgment as a matter of law and motions for judgment on partial findings may be oral or written. Oral argument will be permitted if counsel request it.

Summary: Motions for judgment as a matter of law may be oral or written; oral argument permitted if requested.

Document Type

Motion For Judgment As Matter Of Law

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 3
|SecMotions for Judgment as a Matter of Law
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Exhibits are to be placed in evidence during testimony, at a convenient time during a party’s case-in-chief, or at the close of each party’s case-in-chief. If the latter, counsel should review the exhibits in advance so that agreed upon exhibits can be admitted quickly and disputed exhibits ruled upon at a time that will not impose on the jury.

Summary: Exhibits must be offered during testimony, during case-in-chief, or at close of case-in-chief; advance review required for agreed/disputed exhibits.

Document Type

Exhibit

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 3
|SecOffering Exhibits into Evidence
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Submitting a proposed point does not constitute a waiver of objection. Counsel are instructed to work on proposed instructions regardless of counsel’s position with respect to a point’s applicability. If the Court sustains an objection to a particular instruction, it will not be submitted to the jury. Objections to jointly submitted points will be discussed and ruled upon at the charging conference.

Summary: Submitting proposed jury instructions does not waive objections; objections discussed at charging conference.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 4
|SecJury Instructions
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Counsel must meet and discuss proposed jury instructions and verdict forms for the purpose of submitting agreed upon jury instructions and verdict forms. The proposed instructions should cover only the substantive issues regarding the elements of each cause of action and each defense. Basic instructions, such as the burden of proof, credibility and procedure, should not be submitted.

Summary: Counsel must meet to discuss and submit agreed jury instructions covering only substantive issues, not basic instructions.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 4
|SecJury Instructions
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In a non-jury trial, counsel shall submit findings of fact and conclusions of law upon which they agree. In addition, each party shall submit any additional proposed findings of fact and conclusions of law for the consideration of the Court.

Summary: In non-jury trials, submit agreed findings/conclusions plus each party's additional proposed findings/conclusions.

Document Type

Proposed Findings Conclusions

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 4
|SecProposed Findings of Fact and Conclusions of Law
Filing Requirements

Machine summary. Not checked yet.Mandatory?

After the jury has retired to deliberate, counsel shall review the exhibits to determine which exhibits will go out with the jury. If counsel cannot agree, they should request a ruling immediately after the jury retires to the deliberations room.

Summary: Counsel must agree on exhibits to send to jury; if not, request ruling immediately after jury retires.

Document Type

Exhibits

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 5
|SecExhibits in the Jury Room
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Prior to the Rule 26(f) conference, the parties shall exchange the following information:

Summary: Parties must exchange e-discovery information before Rule 26(f) conference.

Document Type

E Discovery Information

Specific requirements detailed in rule text.
slopol6 · p. 1
|SecExchange of e-discovery materials
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall discuss the parameters of their anticipated e-discovery at the Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16 scheduling conference with the court.

Summary: Parties must discuss e-discovery parameters at Rule 26(f) conference and be prepared to address at Rule 16 conference.

Document Type

E Discovery Discussion

Content & Formatting
Caption
Case Number
Judge Name
slopol6 · p. 2
|SecE-discovery conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

To promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison").

Summary: Each party must designate a single e-discovery liaison for all e-discovery requests and responses.

Document Type

E Discovery Liaison

Content & Formatting
Caption
Case Number
Judge Name
slopol6 · p. 2
|SecE-discovery liaison
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Regardless of whether the e-discovery liaison is an attorney (in-house or outside counsel), a third party consultant, or an employee of the party, he or she must be: familiar with the party's electronic systems and capabilities in order to explain these systems and answer relevant questions; knowledgeable about the technical aspects of e-discovery, including

Summary: E-discovery liaison must be familiar with party's electronic systems and knowledgeable about technical aspects of e-discovery.

Document Type

E Discovery Liaison Qualifications

Content & Formatting
Caption
Case Number
Judge Name
slopol6 · p. 2
|SecE-discovery liaison
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories no later than seven days prior to the trial date. Each point for charge and proposed jury interrogatory shall be numbered proposed instruction must be submitted with authority. If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets.

Summary: Parties must submit numbered jury instructions and interrogatories 7 days before trial, with citations and formatting for modifications.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 1
|SecProposed Jury Instructions and Verdict Forms
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Suppression, Starks and Daubert hearings are typically held at least two weeks prior to trial. The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing. The parties may request leave to supplement proposed findings of fact after the hearing.

Summary: Suppression/Starks/Daubert hearings held 2 weeks before trial; government must file proposed findings.

Document Type

Pretrial Hearing

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 1
|SecPretrial Hearings
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing.

Summary: Government must file proposed findings of fact and conclusions of law before pretrial hearings begin.

Document Type

Proposed Findings Conclusions

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 1
|SecPretrial Hearings
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

In all criminal cases, before a continuance will be granted, Defense Counsel must obtain Defendant’s written consent to a continuance. Such consent shall be given by using the Court’s Speedy Trial Act Acknowledgment of Rights form. This form must be signed by Defendant and docketed before any continuance shall issue.

Summary: Defendant's written consent required for continuances using Speedy Trial Act form.

Document Type

Continuance Request

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

At least one week prior to the trial date, the government must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’ testimony and any legal issues. The defendant is not required to file a trial memorandum but may do so.

Summary: Government must file trial memorandum 1 week before trial with specific content.

Document Type

Trial Memorandum

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 2
|SecTrial Memorandum
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories no later than seven days prior to the trial date. Each point for charge and proposed jury interrogatory shall be numbered.

Summary: Proposed jury instructions and interrogatories due 7 days before trial, numbered.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 2
|SecProposed Jury Instructions and Verdict Forms
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Each point for charge and proposed jury interrogatory shall be numbered proposed instruction must be submitted with authority. If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets.

Summary: Proposed instructions must include authority; model instructions must indicate changes.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 2
|SecProposed Jury Instructions and Verdict Forms
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

At least one week prior to the trial date, the government must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues.

Summary: Government must file trial memorandum one week before trial with elements, facts, witnesses, and legal issues.

Document Type

Trial Memorandum

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 2
|SecTrial Memorandum
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

The government must submit a guilty plea memorandum at least two days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea.

Summary: Government must submit guilty plea memorandum 2 days before plea hearing with elements, penalties, plea terms, and factual basis.

Document Type

Guilty Plea Memorandum

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 2
|SecGuilty Plea Memorandum
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

If a defendant is responsible for restitution, the government must submit sufficient information in its sentencing memorandum to enable the Court to determine entitlement

Summary: Government must include restitution entitlement information in sentencing memorandum when defendant owes restitution.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 2
|SecSentencing Memoranda
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Judge Slomsky requires the submission of sentencing memoranda by both the government and the defendant no later than one week before sentencing. The memorandum must set forth any legal authority relied upon by the party. One copy of each sentencing memorandum, motion and response shall be served on the opposing party, the Court (Chambers, Room 4000) and the United States Probation Office when the original is filed.

Summary: Sentencing memoranda due one week before sentencing with legal authority; copies served on opposing party, Chambers, and Probation Office upon filing.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 2
|SecSentencing Memoranda
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Lead trial counsel, not an associate, must attend the Rule 16 conference. Counsel shall have a thorough comprehension of the facts and shall be prepared to discuss all claims and defenses in detail, including settlement, and have authority from their clients to do so.

Summary: Lead trial counsel (not associate) must attend Rule 16 conference with authority to discuss settlement.

Document Type

Rule 16 Conference

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 3
|SecRule 16 Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Motions to dismiss, amend, transfer, add parties and other threshold motions should be filed before the Rule 16 conference. Counsel shall be prepared to discuss the merits of any outstanding motions at the conference.

Summary: Threshold motions must be filed before Rule 16 conference; counsel must discuss merits at conference.

Document Type

Threshold Motion

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 3
|SecThreshold Motions
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Counsel are required to attend a settlement conference with Magistrate Judge Carol Sandra Moore Wells as set forth in the Scheduling Order. Counsel must adhere to Magistrate Judge Well’s requirements regarding the conduct of the conference. The parties and/or persons with full authority to settle must accompany counsel to the mediation before Judge Wells unless excused in advance by Judge Wells.

Summary: Settlement conference with Magistrate Judge Wells required; parties with settlement authority must attend unless excused.

Document Type

Settlement Conference

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 3
|SecSettlement Conferences
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Lead trial counsel, not an associate, must attend the Rule 16 conference. Counsel shall have a thorough comprehension of the facts and shall be prepared to discuss all claims and defenses in detail, including settlement, and have authority from their clients to do so.

Summary: Lead trial counsel must attend Rule 16 conference with full case knowledge and settlement authority.

Document Type

Conference Attendance

Specific requirements detailed in rule text.
slopol2 · p. 3
|SecPretrial Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Outstanding motions will not excuse the requirements of holding the meeting and submitting the plan. Compliance is mandatory. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.

Summary: Non-compliance with Rule 26(f) meeting and plan submission results in no voice at scheduling conference and potential sanctions.

Document Type

Rule 26f Report

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 3
|SecRule 26(f) Meeting
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The Rule 26(f) meeting shall take place as soon as possible and, in any event, no later than fourteen (14) days after the date of the Order scheduling the Rule 16 conference.

Summary: Rule 26(f) meeting must occur within 14 days of Rule 16 conference scheduling order.

Document Type

Rule 26f Report

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 3
|SecRule 26(f) Meeting
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The information required to be disclosed pursuant to Fed. R. Civ. P. 26(a) is required to be exchanged no later than fourteen (14) days after the date of the Order scheduling the Rule 16 conference. Compliance with the Rules is mandatory.

Summary: Initial disclosures under Rule 26(a) must be exchanged within 14 days of Rule 16 scheduling order.

Document Type

Initial Disclosure

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 4
|SecDiscovery
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

When timely discovery is not forthcoming after a reasonable attempt has been made to obtain it, the immediate assistance of the court should be sought after compliance with Local Rule 26.1(f). The certification must state in detail what efforts were made to resolve the dispute.

Summary: Discovery disputes require court assistance after reasonable attempts; certification must detail resolution efforts.

Document Type

Discovery Dispute

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 4
|SecDiscovery
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties are required to commence discovery immediately upon receipt of notice of the Rule 16 conference. Pending motions do not excuse counsel from proceeding with discovery.

Summary: Discovery must commence immediately upon Rule 16 conference notice; pending motions don't excuse discovery.

Document Type

Discovery Plan

Content & Formatting
Certificate Of Service
Statement Of Facts
Legal Argument
slopol2 · p. 4
|SecDiscovery
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion for summary judgment filed pursuant to Fed. R.Civ.P. 56 shall include a separate Statement of Undisputed Facts which sets forth, in numbered paragraphs, the material facts that the moving party contends are undisputed and entitle the movant to judgment as a matter of law.

Summary: Summary judgment motions must include a separate Statement of Undisputed Facts in numbered paragraphs.

Document Type

Motion

Specific requirements detailed in rule text.
slopol2 · p. 5
|SecRule 56 Motions
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The papers opposing a motion for summary judgment shall include a separate statement of material facts, responding to the numbered paragraphs set forth in the Statement of Undisputed Facts, which the respondent contends present genuine issues to be tried.

Summary: Opposition to summary judgment must include a separate response to the Statement of Undisputed Facts.

Document Type

Opposition

Specific requirements detailed in rule text.
slopol2 · p. 5
|SecRule 56 Motions
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Statements of material facts in support of or in opposition to a motion for summary judgment shall cite the source that supports each of the statements. Each stated fact shall cite the source relied upon, including the page and line of any document or deposition to which reference is made.

Summary: Statements of material facts in summary judgment motions must cite sources including page and line numbers.

Document Type

Motion

Specific requirements detailed in rule text.
slopol2 · p. 6
|SecRule 56 Motions
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.

Summary: Objections to deposition testimony must be made in writing before the pretrial conference with page/line citations.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
slopol2 · p. 6
|SecFinal Pretrial Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The filing of a Pretrial Memorandum as described in Local Rule 16(1)(c) will be required. In the pretrial memoranda, counsel must detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.

Summary: Pretrial memoranda must detail the substance of each witness's testimony, not just identify their role.

Document Type

Pretrial Memorandum

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall provide the Court with one copy of each exhibit and three copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the parties shall provide the Court with two copies of each exhibit. Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.

Summary: Exhibits must be provided in a single three-ring binder with specific copy requirements for court and trial.

Document Type

Exhibits

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any party intending to use depositions, written or video, at trial must notify all other parties in the pretrial memorandum. Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection. The objecting party must provide the Court with a copy of the deposition transcript with the challenged testimony highlighted.

Summary: Parties must notify others of deposition use in pretrial memorandum and file written objections with page/line citations before pretrial conference.

Document Type

Pretrial Memorandum

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The papers opposing a motion for summary judgment shall include a separate statement of material facts, responding to the numbered paragraphs set forth in the Statement of Undisputed Facts, which the respondent contends present genuine issues to be tried. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment. All material facts set forth in the statement required to be served by the moving party shall be admitted unless controverted by the opposing party.

Summary: Opposition to summary judgment requires a separate statement responding to numbered paragraphs in the Statement of Undisputed Facts.

Document Type

Opposition To Summary Judgment

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion for summary judgment filed pursuant to Fed. R.Civ.P. 56 shall include a separate Statement of Undisputed Facts which sets forth, in numbered paragraphs, the material facts that the moving party contends are undisputed and entitle the movant to judgment as a matter of law. Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Facts.

Summary: Summary judgment motions require a separate Statement of Undisputed Facts in numbered paragraphs.

Document Type

Motion For Summary Judgment

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Statements of material facts in support of or in opposition to a motion for summary judgment shall be accompanied by a citation to the specific page or pages of the record on which each fact is supported. Each stated fact shall cite the source relied upon, including the page and line of any document or deposition to which reference is made.

Summary: All statements of material facts in summary judgment motions must include specific record citations with page and line numbers.

Document Type

Summary Judgment Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

As a general rule, Judge Slomsky does not allow the jury to take notes. In an appropriate case, he may permit notetaking.

Summary: Judge Slomsky generally prohibits jury notetaking but may permit it in appropriate cases.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
slopol3 · Dec 2009 · p. 4
|SecJuror Notetaking
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

To the extent that the state of the pleadings does not permit a meaningful discussion of the above issues by the time of the Rule 26(f) conference, the parties shall either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the court at the Rule 16 scheduling conference.

Summary: If pleadings don't permit e-discovery discussion, parties must agree on exchange date or seek court resolution.

Document Type

E Discovery Information

Content & Formatting
Caption
Case Number
Judge Name
slopol6 · p. 1
|SecExchange of e-discovery materials
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

Correspondence regarding the following is permitted, provided the letter states that counsel agrees or disagrees with the request:

Summary: Permitted correspondence must state that counsel agrees or disagrees with the request.

Document Type

Letter

Specific requirements detailed in rule text.
slopol2 · p. 1
|SecA. Correspondence
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

Motions to dismiss, amend, transfer, add parties and other threshold motions should be filed before the Rule 16 conference. Counsel shall be prepared to discuss the merits of any outstanding motions at the conference.

Summary: Threshold motions should be filed before the Rule 16 conference, with counsel prepared to discuss merits.

Document Type

Motion

Specific requirements detailed in rule text.
slopol2 · p. 3
|SecB. Threshold Motions
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Note?

Pretrial conferences in criminal cases are held only in complex cases or those involving several attorneys.

Summary: Pretrial conferences held only in complex cases or those with multiple attorneys.

Document Type

Pretrial Conference

Specific requirements detailed in rule text.
slopol4 · Dec 2009 · p. 1
|SecPretrial Conferences
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Note?

Judge Slomsky conducts voir dire in criminal cases. Counsel may submit proposed voir dire questions.

Summary: Judge conducts voir dire; counsel may submit proposed questions.

Document Type

Voir Dire

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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Counsel moving for the pro hac vice admission of an attorney may file a motion with the Court by submitting the Attorney Admissions Application (Pro Hac Vice) form.

Summary: Pro hac vice admission requires submitting the Attorney Admissions Application (Pro Hac Vice) form.

Document Type

Motion

Specific requirements detailed in rule text.
slopol2 · p. 4
|SecAttorney Admissions

Filing & Service rules

Courtesy Copy Requirements

Parties must provide two copies of each exhibit to the Court at trial.

At the trial, the parties shall provide the Court with two copies of each exhibit.

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Page 3 | 12. Preparation of Exhibits

Parties must provide one copy of each exhibit to the Court at the final pretrial conference.

At the final pretrial conference, the parties shall provide the Court with one copy of each exhibit

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Page 3 | 12. Preparation of Exhibits

Parties must provide three copies of the exhibit schedule to the Court at the final pretrial conference.

three copies of a schedule of exhibits which shall briefly describe each exhibit

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Page 3 | 12. Preparation of Exhibits

Counsel must send two courtesy copies of any motions and related briefs to Chambers.

Notwithstanding compliance with this procedure regarding use of ECF, counsel shall send to Chambers two (2) courtesy copies of any motions (and related briefs) filed with the Clerk of the Court.

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Page 1 | D. Electronic Case Filing ("ECF") and Courtesy Copies

When not filing via ECF or when requested, deliver two courtesy copies of all pleadings and motion papers to Chambers.

in the unusual case where counsel does not file using ECF or counsel is requested to do so, two (2) courtesy copies of all pleadings and motion papers shall be delivered to Chambers, Room 5614, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.

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Page 1 | D. Electronic Case Filing ("ECF") and Courtesy Copies

Two courtesy copies required for all motions and related briefs filed electronically; two copies required for all pleadings if not filed electronically or when requested.

Counsel shall file all pleadings electronically through ECF. Notwithstanding compliance with this procedure regarding use of ECF, counsel shall send to Chambers two (2) courtesy copies of any motions (and related briefs) filed with the Clerk of the Court. In addition, in the unusual case where counsel does not file using ECF or counsel is requested to do so, two (2) courtesy copies of all pleadings and motion papers shall be delivered to Chambers, Room 5614, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.

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Page 2 | D. Electronic Case Filing ("ECF") and Courtesy Copies

Parties must provide the Court with one copy of each exhibit and three copies of the exhibit schedule.

The parties shall provide the Court with one copy of each exhibit and three copies of a schedule of exhibits which shall briefly describe each exhibit.

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Page 6 | Final Pretrial Conference

Sealing & Redaction Procedures

Stipulated confidentiality/sealing orders must demonstrate good cause and include specific language reserving the Court's right to modify.

Judge Slomsky will consider entry of stipulated confidentiality or sealing orders if the proposed order includes a detailed statement demonstrating that good cause exists for the order. See Pansy v. Borough of Stroudsberg, 23 F.3d 772, 786 (3rd Cir. 1994). All such orders must contain the following language (or language substantially similar): "The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice."

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Page 4 | F. Confidentiality Agreements

Adjournment & Extension Requirements

Written defendant consent on Speedy Trial Act form required before any continuance is granted.

In all criminal cases, before a continuance will be granted, Defense Counsel must obtain Defendant's written consent to a continuance. Such consent shall be given by using the Court's Speedy Trial Act Acknowledgment of Rights form. This form must be signed by Defendant and docketed before any continuance shall issue.

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Page 1 | Continuances

Chambers Communication Rules

Judge requires punctuality, courtesy, proper courtroom decorum; counsel must address Court/witnesses only, not jury; opening/closing from lectern with microphone.

Judge Slomsky will insist on punctuality and courtesy from counsel to the Court and to each other, both in the presence of the Court and otherwise. The examination of witnesses should be conducted from the lectern or from counsel table. Counsel should rise to address the Court and should seek permission of the Court before approaching witnesses or the bench. In addition, counsel will direct all comments to the Court or to the witness under examination and not to other counsel or to the jury. Counsel are reminded that their own opinions regarding facts or issues in a case are irrelevant and should not be communicated to the jury (e.g., "I think . . ., we believe . . ."). To the extent possible, the parties should notify the Court of any issues that will need to be ruled upon at the start of the day's proceedings, or during a recess out of the jury's presence. Unless leave is otherwise given, counsel shall make opening statements and closing arguments from the lectern and shall speak into the microphone.

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Page 6 | Courtroom Decorum and Professionalism

Counsel may interview jurors after verdict/discharge, must respect jurors' wishes, cannot disclose excluded facts or undermine verdict confidence.

After a verdict has been recorded and the jury has been discharged, counsel may interview jurors. The jurors are told that they are permitted to talk to counsel and others, if they desire, but they need not do so. Counsel shall respect the jurors' desire not to speak to them. Counsel is not permitted to disclose facts to the jury that were previously excluded by evidentiary rulings or would undermine the jury's confidence in its verdict.

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Page 6 | Interviewing Jurors

Counsel must be available within 15 minutes during jury deliberations and provide contact information to deputy clerk.

Counsel must be available upon fifteen (15) minutes notice during jury deliberations. As a practical matter, this means that counsel must stay in or near the courthouse. Counsel must leave their office and cell phone numbers with the deputy clerk.

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Page 6 | Availability of Counsel During Jury Deliberations

Counsel must resolve voir dire questions before panel arrives; unresolved issues go to deputy clerk.

Counsel must discuss voir dire questions and resolve any differences before the panel is brought to the courtroom. If they cannot agree, counsel must advise the deputy clerk that the judge must rule upon the disputed issues.

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Videotaped testimony objections must be discussed in advance; unresolved objections due 10 days before final pretrial conference with transcript and objection list.

Counsel must discuss in advance of trial all objections to the presentation of videotaped testimony to resolve all conflicts. If counsel cannot resolve their disagreements, they should present any outstanding disagreements at least ten days prior to the final pretrial conference by providing a transcript of the testimony with the challenged question and answer highlighted, and a list setting forth each objection by page and line numbers and the basis for the objection.

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Evidentiary issues must be privately discussed first; unresolved issues go to deputy clerk when jury absent.

Counsel should discuss privately any evidentiary issue that may have been unanticipated. Only after they have been unable to reach agreement, should counsel bring the matter to the deputy clerk's attention at the beginning of the day or during an appropriate break when the jury is not present.

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Videotaped testimony must be edited to eliminate pauses and speed-ups before trial.

The videotape must be edited prior to trial to eliminate pauses and speed-ups so there are no interruptions.

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Speaking objections prohibited; must cite rule number or use one-word basis.

Judge Slomsky does not permit speaking objections. Objections shall be made by reciting the appropriate rule number or a one word basis.

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Motions in limine must meet Scheduling Order deadline; rulings before or at final pretrial conference.

Motions in limine must be filed by the deadline set in the Scheduling Order. Judge Slomsky will usually rule upon such motions before or at the final pretrial conference.

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Only one attorney per party per witness/legal point; multiple attorneys allowed for different witnesses/points.

Only one attorney for a party may examine the same witness or argue the same legal point. More than one attorney for a party may examine different witnesses or argue different legal points.

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Written communications with the court must be filed as pleadings, motions, applications, or similar filings under FRCP or Local Rules.

Written communications with the Court concerning any case assigned to Judge Slomsky's calendar should be by the filing of a pleading, motion, application or other similar filing provided for in the Federal Rules of Civil Procedure, or Local Rules of Civil Procedure.

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Page 1 | A. Correspondence

Faxing pleadings, motions, filings, or correspondence to chambers is prohibited.

Facsimile transmittal of pleadings, motions, other filings or correspondence to chambers is not permitted.

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Page 1 | C. Faxes

Faxing pleadings, motions, filings, or correspondence to chambers is prohibited.

Facsimile transmittal of pleadings, motions, other filings or correspondence to chambers is not permitted.

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Page 2 | C. Faxes

Counsel must verify courtroom playback equipment availability with deputy clerk.

Counsel should check with the deputy clerk to determine whether the courtroom is equipped for playback or whether counsel must provide playback equipment.

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Cases in trial pool require 48-hour notice to commence trial.

For cases in the trial pool, counsel shall be prepared to commence trial upon 48 hours notice.

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Sidebar conferences discouraged; only for unanticipated issues.

Sidebar conferences are discouraged and are rarely permitted. Only unanticipated issues will necessitate a sidebar conference.

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Written correspondence is permitted only for Court requests, uncontested Rule 16 continuances, unanticipated personal matters, or case disposition confirmation.

Correspondence regarding the following is permitted, provided the letter states that counsel agrees or disagrees with the request: (1) When counsel are specifically requested by the Court to communicate some information to the Court by letter; (2) When there is an uncontested request for a continuance of the Rule 16 Scheduling Order deadlines not affecting the dates for filing a summary judgment motion and trial; (3) When the participation of counsel in the case is expected to be affected by an unanticipated personal matter concerning counsel, a party, a witness or counsel's immediate family, such as medical problems, vacation plans or other personal problems; or, (4) To confirm or advise the Court that a case has been settled, dismissed or otherwise finally disposed.

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Page 1 | A. Correspondence

Judge does not typically give jury copies of written instructions, but may in appropriate cases.

Judge Slomsky does not give the jury a copy of the written jury instructions. However, he may do so in an appropriate case.

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Page 5 | Voir Dire

Judge will advise jury testimony is usually not in transcript form; may read portions if transcript available and allow replay of tapes/videos.

Judge Slomsky will advise the jury that testimony is usually not in transcript form to give them. However, if a transcript is available, he will consider having appropriate portions read if requested by the jury. He may allow tapes and videotapes to be replayed to the extent necessary.

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Page 5 | Handling of Jury Request to Read Back Testimony

Judge usually submits interrogatories to jury in civil cases, no general practice for verdicts.

Judge Slomsky has no general practice for taking a special or general verdict. He usually submits interrogatories to the jury in civil cases.

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Page 6 | Taking the Verdict and Special Interrogatories

Judge generally allows jury polling if requested, no standard practice.

Judge Slomsky has no standard practice for polling the jury. He generally allows it if requested.

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Page 6 | Polling the Jury

Limited re-cross examination allowed for new matters or special circumstances.

The Court will permit limited re-cross examination on matters not previously covered by cross examination or in special circumstances.

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Judge conducts voir dire in criminal cases.

Judge Slomsky conducts voir dire in criminal cases.

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No standard time limits for opening statements/summations; may suggest limits based on case.

Judge Slomsky usually does not place a time limit on opening statements and summations. However, depending upon the issues in the case and the length of the trial, he may suggest time limits.

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Witness examination out of sequence permitted for witness convenience.

The Court will permit counsel to examine his/her own witnesses out of turn for the convenience of a witness.

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Telephone inquiries for civil scheduling, case management and general procedures should be directed to the Courtroom Deputy at 267-299-7341.

Telephone inquiries should be directed as appropriate to either one of the following: Courtroom Deputy: Kelly Haggerty - 267-299-7341

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Page 1 | B. Telephone Calls

Discovery disputes should be submitted by telephone conference; motions may be acted upon before response.

The court encourages the submission of discovery disputes by telephone conference. If a discovery motion is filed, it may be acted upon before a response is filed either with or without a telephone conference.

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Page 4 | III. Discovery

Discovery disputes encouraged via telephone conference; motions may be decided before response with or without conference.

The court encourages the submission of discovery disputes by telephone conference. If a discovery motion is filed, it may be acted upon before a response is filed either with or without a telephone conference.

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Page 4 | Discovery

Junior Lawyer Participation Incentives

Oral argument granted at judge's discretion if helpful for decision-making.

Judge Slomsky will grant oral argument on motions if he believes it will assist him in deciding the motions. He usually considers and decides motions in limine prior to trial.

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Page 1 | Oral Argument and Motions

About Senior United States District Judge Joel H. Slomsky

**Senior Judge Joel H. Slomsky** was appointed to the Eastern District of Pennsylvania by President George W. Bush in 2008. He assumed senior status on October 9, 2018. Born in Brooklyn, New York, Judge Slomsky received his undergraduate degree from Brooklyn College and his law degree from New York Law School. He served as a Special Attorney in the Criminal Division of the U.S. Department of Justice's Philadelphia Strike Force from 1971 to 1973, then entered private practice as an attorney in Pennsylvania, where he practiced for over three decades. **Education** - New York Law School, J.D., 1970 - Brooklyn College, B.A., 1967 **Career** - Special Attorney, Criminal Division, Philadelphia Strike Force, U.S. Department of Justice (1971–1973) - Private practice attorney, Pennsylvania (1973–2008) - U.S. District Judge, E.D. Pa. (2008–2018); Senior Judge (2018–present)

**Courthouse:** James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106 **Chambers:** Room 13614 **Email:** Chambers_of_Judge_Joel_H_Slomsky@paed.uscourts.gov **Chambers Staff** - Courtroom Deputy: Kelly Ann Haggerty, (267) 299-7340, Kelly_Ann_Haggerty@paed.uscourts.gov

Common questions about Judge Joel H. Slomsky's rules

Are courtesy copies required for Judge Joel H. Slomsky?

Courtesy-copy rule applies for exhibits. Details: 1 copy, delivery at final pretrial conference. Parties must provide one copy of each exhibit to the Court at the final pretrial conference.

View ruleSource: page 3, section 12. Preparation of Exhibits

What page or word limits apply to reply before Judge Joel H. Slomsky?

Judge Joel H. Slomsky's rule states these limits: 10 pages. Reply briefs must be filed within 7 days and are limited to 10 pages.

View ruleSource: page 5, section Motions Practice - Reply Briefs

What page or word limits apply to reply brief before Judge Joel H. Slomsky?

Judge Joel H. Slomsky's rule states these limits: 10 pages. Reply briefs are limited to 10 pages and must be filed within 7 days of the opposition brief.

What formatting rules apply to filings before Judge Joel H. Slomsky?

Judge Joel H. Slomsky's formatting rule includes binding three ring binder, arranged, tabbed, and numbered consecutively. All exhibits must be arranged and tabbed in a single three-ring binder, numbered consecutively.

View ruleSource: page 3, section Preparation of Exhibits

What must be included with exhibit filings before Judge Joel H. Slomsky?

The rule requires exhibit list. Provide 1 copy of each exhibit and 3 copies of exhibit schedule at final pretrial conference; 2 copies of each exhibit at trial.

View ruleSource: page 3, section Preparation of Exhibits

What must be included with lay witness opinion filings before Judge Joel H. Slomsky?

The rule requires supporting information. Lay opinion testimony under FRE 701 requires disclosure of supporting information/documents at expert report deadline.

View ruleSource: page 3, section Lay Witness Opinion

How may parties contact Judge Joel H. Slomsky's chambers?

Speaking objections prohibited; must cite rule number or use one-word basis.

How does Judge Joel H. Slomsky handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Joel H. Slomsky. Process: file redacted on ecf. Stipulated confidentiality/sealing orders must demonstrate good cause and include specific language reserving the Court's right to modify.

View ruleSource: page 4, section F. Confidentiality Agreements

How do I request an adjournment or extension before Judge Joel H. Slomsky?

Advance notice is not fully stated in the structured details. The request must include reason for request. Written defendant consent on Speedy Trial Act form required before any continuance is granted.

View ruleSource: page 1, section Continuances

Does Judge Joel H. Slomsky encourage junior lawyer participation?

Yes. Judge Joel H. Slomsky's rules include a junior lawyer participation incentive. Oral argument granted at judge's discretion if helpful for decision-making.

View ruleSource: page 1, section Oral Argument and Motions
Complete rules summary for Judge Joel H. Slomsky

30-minute time limit for voir dire in civil cases.

Sidebar conferences discouraged; only for unanticipated issues.

Rebuttal limited to 5 minutes; cannot rehash closing argument.

No standard time limits for opening statements/summations; may suggest limits based on case.

Speaking objections prohibited; must cite rule number or use one-word basis.

Witness examination out of sequence permitted for witness convenience.

Motions in limine must meet Scheduling Order deadline; rulings before or at final pretrial conference.

Only one attorney per party per witness/legal point; multiple attorneys allowed for different witnesses/points.

Provide 1 copy of each exhibit and 3 copies of exhibit schedule at final pretrial conference; 2 copies of each exhibit at trial.

All exhibits must be arranged and tabbed in a single three-ring binder, numbered consecutively.

Counsel must verify courtroom playback equipment availability with deputy clerk.

Evidentiary issues must be privately discussed first; unresolved issues go to deputy clerk when jury absent.

Videotaped testimony must be edited to eliminate pauses and speed-ups before trial.

Lay opinion testimony under FRE 701 requires disclosure of supporting information/documents at expert report deadline.

Exhibits must be offered during testimony, during case-in-chief, or at close of case-in-chief; advance review required for agreed/disputed exhibits.

Exhibits may be published after witness examination or before breaks; permission needed before witness takes stand.

Motions for judgment as a matter of law may be oral or written; oral argument permitted if requested.

Counsel must meet to discuss and submit agreed jury instructions covering only substantive issues, not basic instructions.

Submitting proposed jury instructions does not waive objections; objections discussed at charging conference.

Alternative jury instructions must include authority; model instructions must indicate changes (underlined/added, bracketed/deleted); submit on WordPerfect disk.

In non-jury trials, submit agreed findings/conclusions plus each party's additional proposed findings/conclusions.

Proposed findings/conclusions due 7 days before trial; submit hard copy and WordPerfect disk; revised versions allowed with trial evidence references.

Judge Slomsky generally prohibits jury notetaking but may permit it in appropriate cases.

Counsel must be available within 15 minutes during jury deliberations and provide contact information to deputy clerk.

Counsel must agree on exhibits to send to jury; if not, request ruling immediately after jury retires.

Judge usually submits interrogatories to jury in civil cases, no general practice for verdicts.

Judge generally allows jury polling if requested, no standard practice.

Judge will advise jury testimony is usually not in transcript form; may read portions if transcript available and allow replay of tapes/videos.

Parties must provide one copy of each exhibit to the Court at the final pretrial conference.

Parties must provide two copies of each exhibit to the Court at trial.

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