Judge Joseph F. Leeson, Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 3 copies
Adjournments
- Extension requests require conference with opposing counsel; unopposed requests via joint stipulation, opposed as motions.
- Requesting party must present opposing counsel's position on continuance requests.
- Counsel must immediately notify the Court upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule. Requests for continuances are strongly discouraged and rarely granted. Counsel must present good cause for the request. A continuance must be sought as soon as possible. Requests for continuances must be in writing and should be e-mailed to chambers with a copy to opposing counsel. If the scheduling conflict pertains to another court matter, counsel is required to identify the other court, the caption of the other case, the presiding judge in the other case, and the docket number of the other case. A formal motion is not required.
- +7 more
Request must include
- Continuance requests must be filed 14 calendar days before trial date
- any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference.
- Parties must implement e-discovery procedures and file compliance statement within 7 days of identifying custodians.
- Parties must discuss e-discovery parameters within 10 calendar days of order.
- Parties must negotiate e-discovery preservation agreement within 20 calendar days.
- Parties must exchange e-discovery information within 30 calendar days of order.
Communication
Chambers
Phone
Chambers
Page & Word Limits6 rules
Sentencing motions must be filed 14 days before sentencing; responses 7 days before.
All counsel must file any sentencing motions and supporting memoranda at least fourteen (14) calendar days prior to the scheduled sentencing date, and any response thereto must be filed at least seven (7) calendar days prior to the scheduled sentencing date.
Sentencing Motion
Sentencing memoranda (non-motion) must be filed 7 days before sentencing; responses 3 days before.
Sentencing memoranda (exclusive of motions) must be filed no later than seven (7) calendar days before the scheduled sentencing date. All letters and exhibits must be included. Any responses thereto must be filed at least three (3) calendar days prior to the scheduled sentencing date.
Sentencing Memorandum
A party may file a sur-reply brief only with permission of the Court upon good cause shown. The sur-reply brief may not exceed five (5) pages.
Sur Reply Brief
5 pages
Applies to: Attorney
A reply brief is not to exceed ten (10) pages and is to address only issues raised in opposition to the motion, without repeating arguments included in the initial brief.
Reply Brief
10 pages
Applies to: Attorney
Settlement conference memoranda must be emailed to chambers one week before conference, max 3 pages
Counsel are further directed to provide a settlement conference memorandum to chambers by e-mail one week before the scheduled settlement conference, not to exceed three (3) pages in length. The e-mail address is: Chambers_of_Judge_Joseph_F_Leeson_Jr@paed.uscourts.gov
Settlement Conference Memorandum
3 pages
Applies to: Attorney
In most cases, the Court permits up to 30 minutes for an opening statement and up to 45 minutes for a closing argument. Plaintiff’s counsel must reserve time from his or her closing to use for rebuttal. The failure to reserve time for rebuttal will constitute a waiver of rebuttal.
Document Format Requirements20 rules
Any attachments to e-mail communications are to be submitted in Microsoft Word format or pdf format, unless otherwise specified.
DOCX
Counsel shall arrange to have all approved electronic equipment in the courtroom and
Electronic filing required for counsel, not required for pro se litigants.
Counsel are to use electronic case filing and comply with the Court’s Electronic Case Filing (“ECF”) Procedures pursuant to Local Rule of Civil Procedure 5.1.2, unless excused from ECF registration. Pro se litigants are not required to file electronically.
If a jury trial is scheduled, the parties will be directed to file with the Clerk of Court and submit to Chambers electronically in Microsoft Word format all of the following:
DOCX
(3) Printed material shall appear on only one (1) side of each page.
Only counsel and parties, if desired, may sit at counsel table. Witnesses shall sit in the spectator section only, unless otherwise authorized by the Court. If any party desires sequestration, the party shall move for sequestration at the outset of the trial. If the Court orders sequestration, all witnesses for all parties shall be sequestered. Counsel are responsible for informing their non-party witnesses that they should remain outside the courtroom until called, and that they should not discuss their testimony with other witnesses until the trial is concluded.
Font must be at least 12 pt Times New Roman, text double-spaced, margins at least 1 inch, all pages numbered.
(2) The lettering shall be clearly legible and shall not be smaller than 12 point word processing font, using Times New Roman typeface. The text must be double spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. The font type and size used in footnotes shall be the same as that used in the body of the document. Margins must be at least one inch on all four sides. All pages should be numbered.
Counsel should instruct witnesses and parties to wear proper attire to court. Shorts, tank tops, etc. are not permitted attire. Witnesses or parties not properly attired may be excluded from the courtroom. In criminal cases, defense counsel must make arrangements to secure civilian clothes for the defendant so that the defendant does not appear in prison clothes in front of the jury.
Counsel's demeanor should be one of courtesy and professionalism. Counsel shall not exhibit familiarity with the parties, jurors, or opposing counsel and are to avoid using first names. During opening statements and closing arguments, no juror is to be addressed individually or by name. Neither counsel nor the parties by body language or facial expression shall convey their reaction to the testimony of a witness.
Court normally begins at 9:00 a.m. The Court will make every effort to commence proceedings on time. Counsel, parties, and witnesses shall be on time. Court normally adjourns at 5:00 p.m.
Cell phones and electronic devices must be turned off before entering courtroom
Cell phones and other electronic devices must be turned off (not on silent or vibrate mode) before entering the courtroom. Recording or taking photographs in the courtroom is strictly prohibited. A violation of these rules may result in confiscation of the cell phone or device and prosecution. Attorneys are responsible for their own electronic devices and those of their witnesses and clients.
Civility is the foundation of all courtroom procedures and will be expected at all times. Counsel and the parties shall rise when the Judge and the jury enter and leave the courtroom.
Counsel must dress professionally and conduct trial with dignity and respect
Counsel shall dress in an appropriate professional manner. The parties shall conduct the trial in a dignified and formal manner. Counsel shall not raise their voices any louder than is necessary to be clearly heard by the Court, witnesses, and the jury. All remarks are to be addressed to the Court and not opposing counsel. Counsel should never act or speak disrespectfully to the Court or opposing counsel.
Paper filings must be 8.5 x 11 inches and substantially comply with formatting requirements.
Papers or other documents filed in this Court, except original or true copies of exhibits, shall be on paper eight and one-half (8½) inches by eleven (11) inches in size. Any paper or other document filed shall be sufficient as to format and other physical characteristics if it substantially complies with the following requirements:
(1) Prepared on white paper (except for covers, dividers, and similar sheets) of good quality.
The Judge's courtroom is not an electronic courtroom.
All trials and other proceedings will be held at the Edward N. Cahn U.S. Courthouse and Federal Building, Courtroom C, Third Floor, 504 West Hamilton Street, Allentown, Pennsylvania 18101.
Under local practice, the party with the burden of proof (generally the plaintiff in civil cases, the government in criminal cases) is seated at the table closest to the jury box.
(4) Exceptions to the provisions of this rule may be made only upon motion and for good cause, or in the case of papers filed by a pro se litigant.
Document Filing Requirements50 rules
Stipulations are not effective until approved by the Court.
DocumentStipulation
Motion certification required stating good faith efforts to resolve discovery dispute.
If the parties are directed by the Court to file a motion, counsel must certify as part of the motion that all counsel have already made a good faith effort to resolve the issue themselves as required by Local Rule of Civil Procedure 26.1.
DocumentMotion
Non-agreed jury instructions must be marked to show specific words of disagreement.
Each party shall submit one (1) copy of proposed jury instructions and verdict forms (or special interrogatories) on those issues not agreed upon by the parties in their joint submission, all of which shall be marked to show the specific words on which the parties do not agree.
DocumentJury Instructions
Joint jury instructions must quote/cite model instructions and conform to Third Circuit Model Jury Instructions unless compelling reason to deviate.
One (1) copy of joint proposed jury instructions on substantive issues, which shall accurately quote or cite, as applicable, model jury instructions or case citations from which the instructions were derived, and proposed verdict forms (or special interrogatories). The proposed instructions shall conform to the Third Circuit's Model Jury Instructions, if applicable, unless there is a compelling argument for deviation.
DocumentJury Instructions
Each motion must include a proposed order formatted for judge's signature
A proposed order shall accompany each motion or other request for relief. The order shall be formatted for the Judge’s signature (for example, do not include the word “proposed” in the text of the order).
DocumentMotion
Briefs must include specific sections in order: Statement of Facts, Questions Involved, Summary of Argument, Argument, Conclusion, Proposed Order
All briefs shall consist of the following matters, separately and distinctly titled and in the following order: (a) Statement of Facts (b) Statement of the Questions Involved (c) Summary of Argument (d) Argument (e) Short conclusion stating the precise relief sought (f) Proposed Order that would grant the precise relief sought
DocumentBrief
Parties shall file a reply brief no later than seven (7) days after the opposition is served.
DocumentReply Brief
When referring to the record, all briefs must specify the relevant exhibit, page, and line numbers.
DocumentBrief
The guilty plea agreement should advise the defendant of the maximum punishments, of any mandatory minimum punishments, and of his appellate rights.
DocumentGuilty Plea Agreement
Guilty plea agreement must be submitted 7 days before plea hearing
A copy of the acknowledgment of rights and guilty plea agreement, if any, must also be submitted to the court at least seven (7) calendar days prior to the plea hearing, and may be emailed to the Criminal Deputy Clerk.
DocumentGuilty Plea Agreement
The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere.
DocumentGuilty Plea Agreement
Government's guilty plea memorandum must include offense elements, penalties, plea terms, and factual basis
The Government’s guilty plea 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 and any mandatory minimum punishments for each offense, the terms of any plea agreement, and the factual basis for the plea.
DocumentGuilty Plea Memorandum
At least seven (7) calendar days prior to the plea hearing, the Government must file a guilty plea memorandum.
DocumentGuilty Plea Memorandum
The guilty plea agreement also must disclose to the defendant and the Court whether the plea is entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C).
DocumentGuilty Plea Agreement
Contraband evidence must be maintained by law enforcement when court is not in session.
In all cases where money, firearms, narcotics, controlled substances or any matter of contraband is introduced into evidence, such evidence shall be maintained for safekeeping by law enforcement during all times when court is not in session, and at the conclusion of the case.
Any exhibits that are not picked up within seventy-two (72) hours thereafter will be destroyed.
DocumentExhibit
Counsel shall maintain custody of all released exhibits in its possession until the final disposition of all appeals and retrials, if any.
DocumentExhibit
When a factual assertion cites to a deposition transcript, counsel shall attach a copy of the entire transcript containing the cited testimony to the motion.
DocumentSummary Judgment Motion
Summary judgment motions must include a separate statement of undisputed material facts.
Any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure must be accompanied by a separate, short, and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.
DocumentSummary Judgment Motion
Moving party must exchange witness and exhibit information 4 business days before injunction hearing.
The following are to be exchanged by counsel, and filed with the Court in advance of any hearing on a preliminary or permanent injunction: (a) No later than four (4) business days before the hearing, the moving party shall furnish to all opposing parties the names, addresses, and employers of all witnesses, a summary of testimony to be presented by each witness, any affidavits to be filed in connection with the hearing, and copies of all exhibits to be submitted at the hearing.
DocumentPreliminary Injunction
A certificate of concurrence or non-concurrence must be attached.
DocumentMotion To Seal
The proposed order must be narrowly tailored to seal only the sealable material and must clearly identify, in table format, each document (or portion thereof) that is sought to be sealed.
DocumentMotion To Seal
Proposed findings of fact must cite specific transcript pages and lines.
If the parties are directed to file proposed findings of fact and conclusions of law, all proposed findings of fact shall cite to specific pages and lines of the transcript where the proposed findings of fact appear.
DocumentProposed Findings Of Fact And Conclusions Of Law
The opposing party shall also set forth in enumerated paragraphs any additional material facts that the party contends preclude summary judgment.
DocumentSummary Judgment Opposition
All motions shall be accompanied by a Certificate of Concurrence or Non-Concurrence.
DocumentMotion
The moving party shall accompany each factual assertion with a citation to the specific portion(s) of the record that support the assertion, including the exhibit, page, and line numbers.
DocumentSummary Judgment Motion
A proposed order shall accompany each motion or other request for relief.
DocumentMotion
Opposition to summary judgment must cite specific record portions for disputed facts.
If the opposing party asserts a genuine dispute exists as to any fact, the party shall cite to the specific portion(s) of the record that create the dispute, including the exhibit, page, and line number.
DocumentSummary Judgment Opposition
Non-moving party must exchange witness and exhibit information 2 business days before injunction hearing.
(b) No later than two (2) business days before the hearing, the non-moving party shall furnish to the moving party the names, addresses, and employers of all witnesses, a summary of testimony to be presented by each witness, any affidavits to be filed in connection with the hearing, and copies of all exhibits to be submitted at the hearing.
DocumentPreliminary Injunction
The parties are required to submit proposed findings of fact and conclusions of law for TRO and injunction hearings.
DocumentTemporarily Restraining Order
Opposition to summary judgment must respond to each undisputed fact paragraph.
A party opposing a motion for summary judgment shall file a separate, short, and concise statement responding to the numbered paragraphs set forth in the moving party’s statement of undisputed facts and shall either concede the facts as undisputed or state that a genuine dispute exists.
DocumentSummary Judgment Opposition
When a factual assertion cites to a deposition transcript, counsel shall attach a copy of the entire transcript containing the cited text.
DocumentSummary Judgment Opposition
Judge Leeson requires that a party or party’s representative with knowledge of the case and full and binding settlement authority attend the chambers conference in person.
DocumentSettlement Conference
Settlement conference memorandum required one week before conference, max 3 pages.
Judge Leeson requires counsel to submit, for his confidential review, a brief written settlement conference memorandum one week before any scheduled in-person settlement conference or telephone settlement conference, which shall not exceed three (3) pages in length.
DocumentSettlement Conference Memorandum
Settlement conference memoranda must be emailed to chambers in Word format, not filed with clerk or ECF
Settlement conference memoranda are not to be filed with the Clerk of Court or filed electronically through the Court’s Electronic Case Filing (ECF) System. Instead, each memorandum must be sent to chambers, via e-mail in Microsoft Word format, at: Chambers_of_Judge_Joseph_F_Leeson_Jr@paed.uscourts.gov
DocumentSettlement Conference Memorandum
Joint summary for trial must describe claims, counterclaims, defenses, and elements of each claim.
One (1) copy of joint summary of the case and of applicable law for the Court to read to the jury panel at the beginning of trial to describe the claims, any counterclaims or defenses, and the elements of each claim.
DocumentJoint Summary
One (1) copy of a joint summary of the case for the Court to read at the beginning of voir dire to advise the venire of the nature of the case and the issues to be tried. This summary should be very brief (not to exceed a few sentences) and neutral in tone and content.
DocumentJoint Summary
Each binder shall include a table of contents listing all exhibits.
DocumentExhibit Binder
In the event there is a tangible exhibit, such as a firearm or controlled substance, counsel shall include a place holder in the binder identifying the exhibit.
DocumentExhibit Binder
Any exhibits that are not picked up by counsel or the parties will remain in the court’s possession until the final disposition of all appeals and retrials, if any, or the appeal period expires.
DocumentExhibit
Counsel for any party that offered into evidence tangible property, enlargements, or other large or bulky items shall take immediate possession.
DocumentExhibit
The order shall be formatted for the Judge’s signature (for example, do not include the word “proposed” in the text of the order).
DocumentProposed Order
Stipulations, consent decrees, or other documents requiring Court approval or signature may be in a form using electronic signature.
DocumentStipulation
If approved, Judge Leeson forwards the Stipulation and Order to the Clerk for filing and dissemination to the parties.
DocumentStipulation
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies should not be provided to chambers unless specifically required
Courtesy copies should not be provided to chambers unless specifically required by the Court.
Page 4 | I. GENERAL INFORMATION
Three exhibit binders required for trial: one for judge, one for law clerk, one for witness.
Counsel shall also provide the Court with three (3) copies of an exhibit binder including all exhibits (one binder for the Judge, one for the Judge’s law clerk, and one for the witness).
Page 17 | H. Exhibits
D. Courtesy Copies ........................................................................................................ 4
D. Courtesy Copies ........................................................................................................ 4
Page 1 | General Information
Sealing & Redaction Procedures
Confidentiality orders require detailed explanation of injury and specific categories of protected information.
The Judge will consider entry of an order approving stipulated confidentiality agreements or protective orders only if the proposed order explains, in detail, why disclosure would cause a “clearly defined and serious injury” and defines the categories of information subject to protection with specificity.
Page 8 | Confidentiality Agreements
Confidentiality orders must include court's right to modify or allow disclosure.
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.”
Page 8 | Confidentiality Agreements
The unredacted version of the document should be filed under seal, which—unlike the rest of the motion—must be filed in paper copy with the Clerk of Court, with instructions to the Clerk to file the document as a sealed exhibit to the motion. See E.D. Pa. Local R. Civ. P. 5.1.2(7) (“Documents ordered to be placed under seal must be filed in paper copy filed in the traditional manner and not electronically.”).
The unredacted version of the document should be filed under seal, which—unlike the rest of the motion—must be filed in paper copy with the Clerk of Court, with instructions to the Clerk to file the document as a sealed exhibit to the motion. See E.D. Pa. Local R. Civ. P. 5.1.2(7) (“Documents ordered to be placed under seal must be filed in paper copy filed in the traditional manner and not electronically.”).
A party who seeks to file a document (or portions thereof) under seal must file a motion for permission to file the document under seal. The motion must contain the following items, all of which shall be filed publicly on ECF, with the exception of an unredacted copy of the document, which shall be filed in paper copy with the Clerk of Court (see subsection (v) below).
A party who seeks to file a document (or portions thereof) under seal must file a motion for permission to file the document under seal. The motion must contain the following items, all of which shall be filed publicly on ECF, with the exception of an unredacted copy of the document, which shall be filed in paper copy with the Clerk of Court (see subsection (v) below).
Redacted version must be filed publicly on ECF unless entire document is sealed.
A redacted version of the document must be included with the motion and filed publicly on ECF. A redacted version is not necessary if the party is seeking to file the entire document under seal.
Pre-Motion Conference Requirements
Discovery disputes must be addressed by counsel before requesting court intervention, with certification of good faith efforts.
If the parties are unable to resolve a discovery dispute on their own, counsel are to initially send correspondence to the Court briefly describing the dispute and the parties’ respective positions and must certify that all counsel have already made a good faith effort to resolve the issue themselves as required by Local Rule of Civil Procedure 26.1, which must describe in detail the efforts the parties made to resolve the dispute on their own.
Page 7 | Discovery Disputes
Adjournment & Extension Requirements
Extension requests require conference with opposing counsel; unopposed requests via joint stipulation, opposed as motions.
Where compelling circumstances so require, counsel may request an extension of a filing or other deadline. Deadlines for filing dispositive motions will be extended only in very limited circumstances and only where absolutely necessary. Counsel must confer with all opposing counsel prior to requesting an extension. If a request for an extension is unopposed, counsel must so state and may submit the request through joint stipulation. Opposed requests must so state and be filed as a motion.
Page 8 | Deadlines
Counsel must immediately notify the Court upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule. Requests for continuances are strongly discouraged and rarely granted. Counsel must present good cause for the request. A continuance must be sought as soon as possible. Requests for continuances must be in writing and should be e-mailed to chambers with a copy to opposing counsel. If the scheduling conflict pertains to another court matter, counsel is required to identify the other court, the caption of the other case, the presiding judge in the other case, and the docket number of the other case. A formal motion is not required.
Counsel must immediately notify the Court upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule. Requests for continuances are strongly discouraged and rarely granted. Counsel must present good cause for the request. A continuance must be sought as soon as possible. Requests for continuances must be in writing and should be e-mailed to chambers with a copy to opposing counsel. If the scheduling conflict pertains to another court matter, counsel is required to identify the other court, the caption of the other case, the presiding judge in the other case, and the docket number of the other case. A formal motion is not required.
Page 13 | Applications for Continuances
Requesting party must present opposing counsel's position on continuance requests.
The party requesting a continuance must present the position of opposing counsel.
Page 13 | Position of Opposing Counsel Must be Ascertained Before Applying for a Continuance
Continuance requests must identify other court, judge, and docket number if conflict exists
If the scheduling conflict pertains to another court matter, counsel is required to identify the other court, the presiding judge in the other case, and the docket number of the other case.
Page 16 | Trial Continuances
Continuance requests must be filed 14 calendar days before trial date
Any request for a continuance must be filed no later than fourteen (14) calendar days in advance of the scheduled trial date, and must state the amount of time being requested for the continuance.
Page 16 | Trial Continuances
Continuance requests must state amount of time requested
Requests for a continuance must be filed no later than fourteen (14) calendar days in advance of the scheduled trial date, and must state the amount of time being requested for the continuance.
Page 16 | Trial Continuances
Continuance motions must include proposed order consistent with Speedy Trial Act
Any such motion must be accompanied by a proposed order. The proposed order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and must include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.
Page 16 | Trial Continuances
If the defendant requests the continuance, the motion should indicate that the defendant agrees the time is excludable from the speedy trial clock, and attached to the motion must be a completed “Consent to Continuance of Criminal Trial” form signed by the defendant.
If the defendant requests the continuance, the motion should indicate that the defendant agrees the time is excludable from the speedy trial clock, and attached to the motion must be a completed “Consent to Continuance of Criminal Trial” form signed by the defendant.
Page 16 | Trial Continuances
Continuance motions must state whether opposed or unopposed
The motion must state whether the continuance is opposed or unopposed.
Page 16 | Trial Continuances
any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference.
any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference.
Civil cases
Page 2 | A. In-Person Settlement Conferences
Parties must exchange e-discovery information within 30 calendar days of order.
Within thirty (30) calendar days of the date of this Order, the parties shall exchange the following information:
Civil cases
Parties must negotiate e-discovery preservation agreement within 20 calendar days.
Within twenty (20) calendar days of the date of this Order, the parties shall negotiate an agreement that outlines the steps each party shall take to segregate and preserve the integrity of all relevant electronic documents.
Civil cases
Parties must implement e-discovery procedures and file compliance statement within 7 days of identifying custodians.
Within seven (7) calendar days of identifying the relevant document custodians, implement the above procedures and each party's counsel shall file a statement of compliance with the Court.
Civil cases
Parties must discuss e-discovery parameters within 10 calendar days of order.
The parties shall discuss the parameters of their anticipated e-discovery within ten (10) calendar days of the date of this Order.
Civil cases
Continuance requests for settlement conferences only granted for compelling reasons.
Continuance requests will only be granted for the most compelling reasons.
Civil cases
Page 2 | A. In-Person Settlement Conferences
Joint continuance requests after first continuance can be emailed to Criminal Deputy Clerk.
If, after receiving a first continuance, counsel for both the Government and defense believe that good cause exists for an additional continuance, counsel may jointly submit a request for an additional continuance. No motion is necessary, and the request may be emailed in lieu of a motion. All continuance requests should be directed to the Criminal/Courtroom Deputy Clerk, Justin F. Wood at Justin_F_Wood@paed.uscourts.gov.
Page 24 | Continuances
Chambers Communication Rules
Communications Policy - General Communication with chambers is permitted by e-mail, telephone, letter, or facsimile regarding scheduling and non-substantive matters only, with the exception of the procedures for raising discovery disputes with the Court.
Communications Policy - General Communication with chambers is permitted by e-mail, telephone, letter, or facsimile regarding scheduling and non-substantive matters only, with the exception of the procedures for raising discovery disputes with the Court.
Page 3 | I. GENERAL INFORMATION
Emails to chambers do not constitute official filings
An e-mail does not constitute a filing.
Page 3 | I. GENERAL INFORMATION
No ex parte communication with chambers personnel about substantive matters
Under no circumstances may any party or counsel communicate ex parte with any chambers personnel concerning substantive matters.
Page 3 | I. GENERAL INFORMATION
Requests for courtroom technology approval should be directed to Criminal/Courtroom Deputy Clerk
Requests for Court approval for the parties to provide and pay for (at the parties' expense) courtroom technology should be directed to the Criminal/Courtroom Deputy Clerk, Justin F. Wood.
Page 4 | I. GENERAL INFORMATION
Stipulations should be sent by email or fax to chambers with proposed order
Stipulations should be sent by e-mail or facsimile to chambers with a proposed form of order for Court approval.
Page 4 | I. GENERAL INFORMATION
In criminal cases, USAO initiates telephone conferences through Criminal Deputy Clerk
In a criminal case, the United States Attorney's Office will be responsible for initiating the call and contacting the Judge through the Judge's Criminal Deputy Clerk after all parties are present on the call.
Page 4 | I. GENERAL INFORMATION
Stipulations should not be sent to the Clerk of Court
Stipulations should not be sent to the Clerk of Court.
Page 4 | I. GENERAL INFORMATION
In civil cases, moving party counsel initiates telephone conferences through Civil Deputy Clerk
In a civil case, counsel for the moving party will be responsible for initiating the telephone conference and contacting the Judge through the Judge's Civil Deputy Clerk after all parties are present on the call.
Page 4 | I. GENERAL INFORMATION
Seating requests must be submitted to Deputy Clerk at least one week before trial
Any requests concerning seating (e.g., requests for more than one counsel table or special requests for seating, visual aids, etc.) are to be submitted to the Criminal/Courtroom Deputy Clerk, Justin F. Wood, at least one week before trial.
Witness must be shown prior written statement and asked to acknowledge it before examination.
If counsel wishes to examine a witness on the basis of a prior written statement made by the witness, the witness shall first be shown the statement and asked whether he or she acknowledges having made it.
Witness must be given deposition copy to read and adopt/deny before cross-examination.
If counsel wishes to cross-examine a witness on the basis of a deposition, counsel must give a copy of the deposition to the witness, who will be permitted to read the deposition and to adopt or deny the testimony before counsel may proceed with cross-examination.
Only one attorney for each side may examine the same witness or address the jury during opening statements or closing arguments.
Only one attorney for each side may examine the same witness or address the jury during opening statements or closing arguments.
Counsel cannot discuss testimony with a witness after they begin testifying until excused.
Counsel are reminded that they may not discuss a witness’s testimony with him or her once that witness has begun testifying until the witness is excused.
Counsel must obtain court permission before approaching a witness.
Counsel may not approach a witness without leave of court.
Objections to videotaped testimony must be raised at final pretrial conference; counsel must edit video after court rules.
Counsel are to bring objections to the Court’s attention at the time of the final pretrial conference. After the Court rules on any objections, counsel is required to edit the video recording before offering the videotaped testimony at trial.
Re-cross examination only allowed when new evidence is introduced on re-direct.
Re-cross examination is permitted only “[w]here new evidence is opened up on re-direct examination.” See United States v. Riggi, 951 F.2d 1368, 1375 (3d Cir. 1991) (explaining that “the privilege of recross-examination as to matters not covered on redirect examination lies within the trial court’s discretion” (citation omitted)).
Counsel should stand to examine witnesses unless counsel has obtained the Court’s permission to proceed otherwise.
Counsel should stand to examine witnesses unless counsel has obtained the Court’s permission to proceed otherwise.
Telephone participation in settlement conferences only allowed in exceptional circumstances with advance notice.
Only in exceptional circumstances will Judge Leeson permit a person to participate in the conference by telephone. This shall be the exception rather than the rule. Counsel seeking this relief must contact chambers as soon as they are aware of a problem with attendance.
Civil cases
Page 1 | A. In-Person Settlement Conferences
Telephone inquiries are to be directed to the civil or criminal deputy, as appropriate, at the telephone numbers listed below.
Telephone inquiries are to be directed to the civil or criminal deputy, as appropriate, at the telephone numbers listed below.
Page 3 | I. GENERAL INFORMATION
Attorneys may speak to law clerks about scheduling if deputy unavailable, but clerks cannot give advice
If the appropriate deputy is unavailable, attorneys may speak to the law clerks regarding scheduling matters; however, law clerks may not render advice.
Page 3 | I. GENERAL INFORMATION
Telephone conferences scheduled at Court's discretion for scheduling or discovery disputes
Telephone conferences are scheduled at the Court's discretion and may be held to resolve scheduling matters or discovery disputes.
Page 4 | I. GENERAL INFORMATION
Witnesses must speak into the microphone for recording purposes.
Counsel must ensure that a witness is speaking into the microphone for ease of recording and hearing.
Stipulations, pleadings, and discovery materials are not evidence unless counsel moves for admission and court grants it.
The Court has no special practice or policy regarding reading stipulations, pleadings, or discovery material into the record at trial. Admissions, pleadings, requests for admissions, admissions of parties contained in depositions, and answers to interrogatories are not part of the evidence at trial unless counsel moves for their admission and the Court admits them.
Counsel encouraged to stipulate to undisputed facts, exhibits, jury instructions, and special interrogatories before trial.
Counsel are strongly encouraged to stipulate to as many matters as possible before trial, including undisputed facts, exhibits, jury instructions, and special interrogatories, if any.