Judge R. Barclay Surrick
Limits & Logistics
Courtesy Copies
Filings (Motion)
Required
Filings (Jury Instructions)
Required
Filings (Proposed Findings Conclusions)
Required
Adjournments
Must Include
- 1Reason For Request
- 2Adversary Position
Communication
Letter Ecf
Chambers
Chambers
Phone
Chambers
Chambers Drop Off
Chambers
Side Bar
Chambers
Witness Examination
Chambers
Opening Statements Summations
Chambers
Offers Of Proof
Chambers
Multiple Attorneys
Chambers
Exhibit Offering
Chambers
Judgment Motions
Chambers
Detailed Drafting Rules
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.
Letter via ECF
Direct to: Chambers
- Advance Notice Requireddiscussion_with_opposing_counsel
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.
Direct to: Chambers
- Advance Notice Requiredadministrative_matter_only
- Status Inquiries
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.
Phone
Direct to: Chambers
- Advance Notice Requiredletter_with_opposing_counsel_positions
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.
Letter via ECF
Direct to: Chambers
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.
Chambers Drop Off
Direct to: Chambers
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.
Letter via ECF
Direct to: Chambers
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.
Courtesy Copies Required
Logistics
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.
Side Bar
- Advance Notice Required
- Hours
- Status Inquiries
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.
Witness Examination
- Advance Notice Required
- Hours
- Status Inquiries
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.
Opening Statements Summations
- Advance Notice Required
- Hours
- Status Inquiries
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.
Offers Of Proof
- Advance Notice Required
- Hours
- Status Inquiries
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.
Multiple Attorneys
- Advance Notice Required
- Hours
- Status Inquiries
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.
Exhibit Offering
- Advance Notice Required
- Hours
- Status Inquiries
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.
Judgment Motions
- Advance Notice Required
- Hours
- Status Inquiries
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.
Phone
Direct to: Chambers
- Hoursduring_jury_deliberations
- Status Inquiries
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.
Phone
Direct to: Chambers
- Hoursduring_trial
- Status Inquiries
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.
Phone
Direct to: Chambers
- Hoursduring_motion_practice
- Status Inquiries
Pretrial conferences held only in complex criminal cases.
Judge Surrick will hold pretrial conferences only in complex criminal cases.
Phone
Direct to: Chambers
- Hoursduring_pretrial
- Status Inquiries
Judge Surrick conducts voir dire in criminal cases.
Phone
Direct to: Chambers
- Hoursduring_voir_dire
- Status Inquiries