Judge Lynne A. Sitarski
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Extension requests do not require a formal motion; contact the Deputy Clerk to arrange a conference.
Request must include
Communication
Chambers
Phone
Chambers
Clerk
Page & Word Limits6 rules
Please complete the attached settlement conference form and email it to Chambers at Chambers_sitarski@paed.uscourts.gov on or before XXXXX , 20XX. As indicated on the attached form, counsel shall include a synopsis of the case with a discussion of the relevant facts, as well as a brief summary of the legal issues affecting the party’s settlement position. The Court anticipates that in most cases, the parties’ case summaries will not exceed five (5) pages.
- Page limit for attorneys
- Up to 5 pages
Counsel shall not submit more than 20 pages of documents without prior Court approval.
- Page limit for attorneys
- Up to 20 pages
Reply briefs permitted but limited; surreplies require permission
Court's wording
Judge Sitarski will permit reply briefs, but expects such briefs to be concise, and to be limited to replying to matters raised in the opposition brief. Reply briefs should not be used to raise new issues. Judge Sitarski will not normally permit surreply briefs, and counsel who wish to file a surreply must first seek permission of the Court before such a brief will be accepted.
ATTACH SYNOPSIS OF CASE (UP TO FIVE [5] PAGES)
- Case synopsis
- Up to 5 pages
Counsel shall not submit more than 20 pages of documents without prior Court approval.
- Page limit
- Up to 20 pages
- Settlement conference form
The Court anticipates that in most cases, the parties' case summaries will not exceed five (5) pages.
- Page limit
- Up to 5 pages
- Settlement conference form
Document Format Requirements2 rules
Counsel shall provide Judge Sitarski with two sets of exhibits in a tabbed, three-ring binder, together with a schedule of exhibits that briefly describes each exhibit.
- Binding
- Tabbed three-ring binder
The proposed jury instructions and verdict forms shall be submitted electronically, via e-mail to chambers, in Word format.
- File type
- Word
- Jury instructions
Document Filing Requirements49 rules
Judge Sitarski will not normally permit surreply briefs, and counsel who wish to file a surreply must first seek permission of the Court before such a brief will be accepted.
Statements of material facts in support of or in opposition to a motion shall include specific references to the parts of the record that support 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.
- Document
- Motion
Must include
- •Statement of facts
Parties must identify expert witnesses and provide reports per Rule 16 scheduling order; failure may bar testimony.
Court's wording
The parties will identify expert witnesses and provide expert reports pursuant to the Rule 16 scheduling order entered in the particular case. Failure to do so may bar the use of the expert's testimony at trial.
Rule 56 summary judgment motions must include a separate Statement of Undisputed Facts in numbered paragraphs.
- Document
- Motion
Must include
- •Statement of facts
Court's wording
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 judgment motions require a separate Statement of Undisputed Facts in numbered paragraphs
- Document
- Motion
Must include
- •Statement of facts
Court's wording
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.
Statements of material facts must cite specific record references including page and line numbers.
Court's wording
Statements of material facts in support of or in opposition to a motion shall include specific references to the parts of the record that support 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.
A party opposing summary judgment must respond to the numbered paragraphs set forth in the Statement of Undisputed Facts and state whether it agrees or disagrees with each fact the moving party lists.
- Document
- Opposition
Must include
- •Statement of facts
Judge Sitarski expects that all discovery will be completed before the arbitration hearing, and will not permit additional discovery in cases where a party requests trial de novo.
These summaries shall be submitted to the Court only and should not be filed with the Clerk's Office.
Judge Sitarski will normally require counsel to submit a confidential settlement conference memorandum one week before the actual conference.
Must include
- •Confidential settlement conference memorandum
Judge Sitarski will require that each party or a representative of each party with knowledge of the case and settlement authority participate in the conference.
Expert witnesses must be identified and reports provided per Rule 16 scheduling order; failure may bar testimony
Court's wording
The parties will identify expert witnesses and provide expert reports pursuant to the Rule 16 scheduling order entered in the particular case. Failure to do so may bar the use of the expert's testimony at trial.
Judge Sitarski will normally require counsel to submit a confidential settlement conference memorandum one week before the actual conference.
Judge Sitarski requires the submission of proposed findings of fact and conclusions of law in advance of the hearing in all injunction cases.
Judge Sitarski requires the submission of proposed findings of fact and conclusions of law in advance of the hearing in all injunction cases.
Videotaped depositions must be edited to present only essential evidence, with objections resolved before trial.
Court's wording
Judge Sitarski requires counsel to review all videotaped depositions and to have them edited so as to fairly present only the essential evidence of the witness involved. Counsel are expected to resolve all matters pertaining to objections before offering the videotape into evidence.
Normally only one attorney per party for witness examination and argument.
Court's wording
Judge Sitarski will normally not permit more than one attorney for the party to examine the same witness, and will normally not permit more than one attorney to present argument on behalf of the party on the same point.
Judge Sitarski requires counsel to review all videotaped depositions and to have them edited so as to fairly present only the essential evidence of the witness involved.
Judge Sitarski requires that in limine motions be filed and served in advance of the final pretrial conference so as to give her an opportunity to consider the merits of each motion.
Judge Sitarski will generally restrict counsel from examining witnesses beyond redirect and recross.
Two tabbed three-ring binder sets of exhibits required before trial.
- Document
- Exhibits
Must include
- •Exhibit list
Court's wording
Prior to commencement of trial, counsel shall pre-mark and exchange exhibits. Counsel shall provide Judge Sitarski with two sets of exhibits in a tabbed, three-ring binder, together with a schedule of exhibits that briefly describes each exhibit.
Judge Sitarski requires that in limine motions be filed and served in advance of the final pretrial conference so as to give her an opportunity to consider the merits of each motion.
Joint proposed jury instructions with citations must be submitted 2 business days before trial.
- Document
- Jury instructions
Must include
- •Citations of legal authority
Court's wording
Judge Sitarski requires counsel to submit joint proposed jury instructions noting areas of agreement as well as objections. The points for charge should be submitted with appropriate citations of legal authority and must be provided to the Court at least two business days prior to the commencement of trial.
Jointly prepared verdict form or special interrogatories must be submitted at least two business days before trial start.
Court's wording
Counsel will submit a jointly prepared verdict form or proposed special interrogatories at least two business days prior to the start of trial. If counsel are unable to agree, they may submit separate proposed forms of interrogatories.
Proposed findings of fact and conclusions of law required in nonjury cases at final pretrial conference.
Court's wording
Judge Sitarski requires counsel to submit proposed findings of fact and conclusions of law in nonjury cases at the final pretrial conference. They shall be submitted electronically, via e-mail to chambers, in Word format.
Judge Sitarski requires counsel to submit proposed findings of fact and conclusions of law in nonjury cases at the final pretrial conference. They shall be submitted electronically, via e-mail to chambers, in Word format.
Joint verdict form or special interrogatories must be submitted 2 business days before trial.
Court's wording
Counsel will submit a jointly prepared verdict form or proposed special interrogatories at least two business days prior to the start of trial. If counsel are unable to agree, they may submit separate proposed forms of interrogatories.
The proposed jury instructions and verdict forms shall be submitted electronically, via e-mail to chambers, in Word format.
The points for charge should be submitted with appropriate citations of legal authority and must be provided to the Court at least two business days prior to the commencement of trial.
Judge Sitarski requires that all relevant documents be delivered to chambers in advance of all hearings and other proceedings.
Parties with full settlement authority must attend settlement conference.
- Document
- Settlement conference participation
Must include
- •Full settlement authority
Court's wording
Parties/client representatives with full and complete settlement authority must be present for the duration of the conference. Full and complete authority means the party must possess authority consistent with the most recent demand.
Lead trial counsel must attend settlement conference and be fully familiar with case.
- Document
- Settlement conference participation
Must include
- •Lead trial counsel
Court's wording
Lead Trial Counsel for each party must be present at the Conference. Counsel are expected to be fully familiar with the facts of the case, the legal theories supporting their client’s claims or defenses, and the procedural posture of the case.
Please complete the attached settlement conference form and email it to Chambers at Chambers_sitarski@paed.uscourts.gov on or before XXXXX , 20XX.
All participants must review and adhere to Court’s Remote Video Proceedings Protocols.
Court's wording
ALL PARTICIPANTS must review and adhere to the Court’s Protocols for Remote Video Proceedings in The United States District Court for the Eastern District of Pennsylvania. Counsel are specifically directed to ensure their clients review and adhere to this Protocol.
Judge Sitarski will permit reply briefs, but expects such briefs to be concise, and to be limited to replying to matters raised in the opposition brief. Reply briefs should not be used to raise new issues.
Counsel should exchange proposed voir dire questions prior to the final pretrial conference.
Judge Sitarski will request that counsel read stipulations and pleadings into the record. Judge Sitarski discourages reading depositions into the record, she prefers that a witness respond to the questions of counsel in open court.
Counsel must be prompt, professional, courteous, and discuss disputes before bringing them to court.
Court's wording
Judge Sitarski expects counsel to be prompt in all appearances, to be professional and courteous to each other, both in the presence of the Court and otherwise, and to have discussions with each other about any matter in dispute before it is brought to the attention of the Court.
Please notify the Court if settlement is not a real possibility.
Oral argument scheduled at court's discretion, may be requested
Court's wording
Judge Sitarski will schedule oral argument on motions if it appears likely to be helpful to the Court’s resolution of the matter. Counsel may request oral argument if counsel considers argument appropriate, but the Court will determine whether oral arguments will be heard.
Oral pro hac vice motions permitted on first appearance day
Court's wording
Judge Sitarski will permit oral motions for pro hac vice admissions on the day that the attorney to be admitted first appears. On or before the date of the non-admitted attorney’s first appearance, counsel must prepare an appropriate order to memorialize the pro hac vice admission.
Judge Sitarski will permit confidentiality agreements, subject to the requirements of Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994).
Standard discovery period is 90-120 days, but may be adjusted based on counsel's input
Court's wording
Judge Sitarski normally permits from 90 to 120 days for the completion of discovery; however, she will consider the informed view of counsel as to the time that will be required for discovery in a particular case.
Judge Sitarski permits each attorney to submit copies of up to five documents that he/she considers critical to resolution of the case.
Judge Sitarski will permit witnesses to be taken out of turn in appropriate circumstances.
Judge Sitarski encourages the submission of trial briefs when they are necessary or likely to be helpful to the Court.
Counsel are encouraged, however, to provide the Court with only the essential and relevant portions of lengthy exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.
- Document
- Exhibits
Include
- •Essential portions only
Judge Sitarski will discuss with counsel the length of time necessary and appropriate for opening and closing statements, but will give counsel reasonable latitude.
These submissions are confidential and shall be submitted to the Court only.
Filing & Service rules
Courtesy Copy Requirements
All relevant documents must be delivered to chambers in advance of hearings and proceedings.
Judge Sitarski requires that all relevant documents be delivered to chambers in advance of all hearings and other proceedings.
Page 8 | CRIMINAL DUTY WEEK
Judge Sitarski prefers to receive copies of appellate briefs when decisions are appealed.
When a decision rendered by the Court is appealed, Judge Sitarski prefers to receive copies of appellate briefs.
Page 8 | OTHER GENERAL MATTERS
Pre-Motion Conference Requirements
Conference on proposed jury instructions is usually conducted.
Judge Sitarski usually conducts a conference on proposed jury instructions.
Page 7 | Proposed Jury Instructions and Verdict Forms
Adjournment & Extension Requirements
Extension requests do not require a formal motion; contact the Deputy Clerk to arrange a conference.
Judge Sitarski will not require a formal motion seeking an extension, and will consider requests for extensions brought to the attention of her Deputy Clerk, who will set up either a telephone or chambers conference.
Page 2 | Continuances and Extensions
Chambers Communication Rules
Judge Sitarski permits correspondence from counsel on all matters, with copies to all counsel of record. Except for settlement conference documents, everything sent to the Court must also be sent to all counsel of record, and be served in the same manner.
Judge Sitarski permits correspondence from counsel on all matters, with copies to all counsel of record. Except for settlement conference documents, everything sent to the Court must also be sent to all counsel of record, and be served in the same manner.
Page 1 | Correspondence with the Court
Settlement conference form must be emailed to Chambers at the specified email address by the deadline.
Please complete the attached settlement conference form and email it to Chambers at Chambers_sitarski@paed.uscourts.gov on or before XXXXX , 20XX.
Chambers communication limited to logistical matters only
Judge Sitarski permits counsel to talk with her Deputy Clerk and law clerks regarding logistical matters, but never on the merits of the case. Counsel should never contact Chambers to inquire on the status of a pending motion.
Page 1 | Communications with Law Clerks
Counsel should never contact Chambers to inquire on the status of a pending motion.
Counsel should never contact Chambers to inquire on the status of a pending motion.
Page 1 | Communications with Law Clerks
In most cases, Judge Sitarski will expect counsel to remain in the Courthouse during deliberations, and will expect counsel to be available on short telephone notice and be able to be in the courtroom within 10 minutes.
In most cases, Judge Sitarski will expect counsel to remain in the Courthouse during deliberations, and will expect counsel to be available on short telephone notice and be able to be in the courtroom within 10 minutes.
Page 7 | Availability of Counsel During Jury Deliberations
Telephone conferences for scheduling changes and extensions must be initiated by contacting the Deputy Clerk.
Generally, telephone conferences will be used to deal with routine matters such as scheduling changes, extensions of time, and routine discovery disputes. Counsel seeking any such relief are responsible for initiating the conference by contacting Judge Sitarski's Deputy Clerk.
Page 1 | Telephone Conferences versus In-Person Conferences
Counsel may contact chambers to schedule telephone or chambers conferences to resolve discovery disputes.
Should counsel be unable, in good faith, to resolve their dispute, Judge Sitarski permits contact with the Court so that telephone or chambers conferences may be set up to resolve outstanding issues.
Page 3 | Discovery Matters
Judge Sitarski expects the parties to resolve discovery disputes without Court intervention. Should counsel be unable, in good faith, to resolve their dispute, Judge Sitarski permits contact with the Court so that telephone or chambers conferences may be set up to resolve outstanding issues.
Judge Sitarski expects the parties to resolve discovery disputes without Court intervention. Should counsel be unable, in good faith, to resolve their dispute, Judge Sitarski permits contact with the Court so that telephone or chambers conferences may be set up to resolve outstanding issues.
Page 3 | Discovery Matters
Judge Sitarski expects that in most cases, these papers will be submitted by email.
Judge Sitarski expects that in most cases, these papers will be submitted by email.
Page 3 | General Motions Practice
Counsel may contact Deputy Clerk or law clerks with questions about courtroom practices.
Counsel should feel free to contact Judge Sitarski’s Deputy Clerk or law clerks if they have any questions about her courtroom practices or procedures.
Page 8 | OTHER GENERAL MATTERS
Counsel may contact Deputy Clerk or law clerks with questions about courtroom practices.
Counsel should feel free to contact Judge Sitarski's Deputy Clerk or law clerks if they have any questions about her courtroom practices or procedures.
Page 8 | OTHER GENERAL MATTERS