Judge R. Barclay Surrick
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Jury Instructions
- 1 copy • Chambers Copy • Upon Filing
Motion
- Upon Filing
Proposed Findings Conclusions
- 1 copy • Chambers Copy • Upon Filing
Adjournments
- Strict adherence to scheduled dates unless compelling reason for change
- Extension/continuance requests must be made before deadline by letter or phone with all counsel
Request must include
Communication
Letter via ECF
Chambers
Phone
Chambers
Chambers Drop Off
Chambers
Document Filing Requirements4 rules
Machine summary. Not checked yet.Mandatory?
Judge Surrick requires that a list of all objections to videotaped trial testimony and a copy of the transcript be submitted to the Court well in advance of the offering of such evidence. The videotape should then be edited to eliminate pauses and speed-ups to the maximum extent such final editing is possible. Videotape playback equipment should be brought into the courtroom at the beginning of the morning or afternoon session at which the videotape will be played. It should not block the view of counsel or the jury when not in use.
Summary: Objections and transcripts for videotaped testimony must be submitted in advance; equipment must be set up early and not obstruct views.
Document Type
Videotaped Testimony
Machine summary. Not checked yet.Mandatory?
Judge Surrick requires that exhibits be pre-marked and pre-exchanged. A bench copy of trial exhibits should be provided to the Court on the first day of trial. The trial exhibits should be accompanied by an exhibit list which describes each exhibit.
Summary: Exhibits must be pre-marked, pre-exchanged, and accompanied by exhibit list; bench copy required on first day of trial.
Document Type
Exhibits
Machine summary. Not checked yet.Important?
In limine motions should be presented in sufficient time so that they can be considered in advance of trial. Routine in limine motions will ordinarily be disposed of on the first day of trial or during the course of the trial.
Summary: In limine motions must be filed early enough for advance consideration.
Document Type
In Limine Motion
Machine summary. Not checked yet.Important?
Reply and surreply briefs should be filed only when absolutely necessary and only in circumstances where the parties wish to draw Judge Surrick=s attention to controlling authority not previously cited by the parties.
Summary: Reply/surreply briefs only for new controlling authority
Document Type
Reply Brief
Filing & Service rules
Courtesy Copy Requirements
Proposed findings of fact and conclusions of law must be filed with Clerk and courtesy copy to Chambers by scheduling order deadline.
Judge Surrick requires that proposed findings of fact and conclusions of law be filed with the Clerk and that a courtesy copy be sent to Chambers. He sets the deadline for submissions by scheduling order.
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Proposed jury instructions and verdict forms must be filed with Clerk and courtesy copy to Chambers by scheduling order deadline; supplemental instructions allowed until jury charge.
Judge Surrick requires proposed jury instructions and verdict forms to be filed with the Clerk and a courtesy copy to be sent to Chambers. He sets the deadline for submissions by scheduling order. Judge Surrick will permit submission of supplemental jury instructions up to the time he charges the jury.
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Courtesy copies required for motions over 50 pages not fully filed on ECF.
Judge Surrick requests that copies of motion papers be sent to Chambers when the original is not wholly filed (with exhibits) on the ECF system and when the motion paper exceeds 50 pages.
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Adjournment & Extension Requirements
Extension/continuance requests must be made before deadline by letter or phone with all counsel
Counsel should advise Judge Surrick immediately, and before the date has run, of any compelling reason which justifies an extension or continuance of any originally scheduled date. Requests for continuances are preferably made by letter, setting forth the reasons and noting the agreement or disagreement of all other counsel. Original stipulations are to be submitted to chambers. Upon approval, the stipulation will be electronically filed. Requests may also be communicated by telephone conference with all counsel participating.
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Strict adherence to scheduled dates unless compelling reason for change
Judge Surrick has a general policy of adhering to originally scheduled dates unless a compelling reason is presented that justifies a change. This policy applies to briefing schedules, oral arguments, evidentiary hearings, pretrial conferences, discovery deadlines, and trial dates.
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Chambers Communication Rules
Counsel must be available within 10 minutes during jury deliberations.
Judge Surrick requires that counsel be available on ten (10) minutes notice during the jury deliberations.
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Page 7 | Availability of Counsel During Jury Deliberations
Telephone conferences for discovery/scheduling disputes require letter and opposing counsel discussion
Judge Surrick will handle disputes concerning discovery, scheduling, and requests for extensions of time by telephone conference. Prior to requesting a telephone conference, counsel should discuss the dispute with other counsel and send Judge Surrick a letter setting forth his or her position and the position of opposing counsel.
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Exhibits must be offered and admitted before showing to jury; all intended exhibits must be offered by end of case-in-chief.
Judge Surrick permits counsel to choose the timing of their offer of exhibits into evidence so long as each exhibit is offered and admitted into evidence before it is shown to the jury. At the conclusion of a party=s case-in-chief, counsel should make sure that all exhibits intended to be offered into evidence either have been or are offered into evidence.
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Parties must privately discuss offers of proof before seeking court ruling.
Judge Surrick requires that parties inquire of each other privately as to offers of proof regarding any witness or exhibit expected to be offered. If counsel cannot resolve such matters, Judge Surrick will rule on them upon application before a witness testifies or an exhibit is offered into evidence.
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Law clerk communication limited to administrative matters only
Judge Surrick permits communication with law clerks concerning administrative aspects of the case. Counsel may not communicate with the law clerks on the merits of any case, and law clerks are not permitted to render advice to counsel and have no authority to grant continuances or to speak on behalf of the Court.
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Correspondence with court requires discussion with opposing counsel first
Judge Surrick permits correspondence with the Court so long as the initiating attorney has discussed his or her request with other counsel.
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Judge Surrick conducts voir dire in criminal cases.
Judge Surrick conducts voir dire in criminal cases.
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Page 7 | Voir Dire
Polling allowed in all criminal cases when requested.
Judge Surrick will permit polling the jury when requested. Polling of the jury is allowed in all criminal cases.
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Page 7 | Polling the Jury
Oral argument on motions allowed in criminal cases upon request.
Judge Surrick will allow oral argument on motions in a criminal case upon the request of counsel.
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Page 7 | Oral Argument on Motions
Pretrial conferences held only in complex criminal cases.
Judge Surrick will hold pretrial conferences only in complex criminal cases.
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Page 7 | Pretrial Conferences
Side-bar conferences permitted but limited if disruptive.
Judge Surrick permits side-bar conferences, but limits them if they become a distraction or interrupt the flow of the trial.
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Multiple attorneys may examine different witnesses or argue different points, but not the same witness or point.
More than one attorney for a party may examine different witnesses or argue different legal points before Judge Surrick. Ordinarily, more than one attorney for a party may not examine a single witness or argue the same legal point.
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Witness testimony out of sequence permitted with opposing counsel's objection opportunity.
Judge Surrick will generally grant a request by counsel to take the testimony of a witness out of turn for the convenience of the witness subject to objection by opposing counsel.
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Oral argument/evidentiary hearing requests must be made by letter
Judge Surrick will determine whether to schedule oral argument or an evidentiary hearing on a case by case basis. If counsel prefer either oral argument or an evidentiary hearing, they should request it by letter. Judge Surrick does not set aside any certain days or times for oral arguments or evidentiary hearings.
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Oral argument scheduled when requested and helpful for decision-making
Judge Surrick may schedule oral argument on motions when it is requested by counsel. Oral argument will be scheduled when Judge Surrick believes oral argument will be helpful in the decision-making process.
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No time limits on opening statements/summations, but 30-45 minutes recommended.
No time limits are placed on opening statements or summations by counsel. However, Judge Surrick believes that thirty (30) to forty-five (45) minutes is usually adequate for an opening and thirty (30) to forty-five (45) minutes is usually adequate for a summation in routine cases.
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Pretrial conferences held in chambers, initiated by civil deputy
Judge Surrick regularly conducts pretrial conferences. Judge Surrick=s Civil Deputy will initiate the scheduling of an initial pretrial conference. All pretrial conferences are held in Chambers. Judge Surrick uses a standard pretrial order to notify counsel of the conference.
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Motions for judgment as a matter of law and partial findings may be oral or written with oral argument upon request.
Motions for judgment as a matter of law and motions for judgment on partial findings may be either oral or written. Oral argument will be permitted if counsel request it.
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