Judge Harvey Bartle III
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 2 copies • Before Trial
Jury Instructions
- 2 copies • Within 5 Working Days Before Trial
Motion, Brief
- 1 copy
Communication
Phone
Chambers
Page & Word Limits3 rules
Except with leave of Court for good cause shown, no supporting brief and no brief in opposition shall exceed twenty-five (25) pages and no reply brief shall exceed fifteen (15) pages.
- Supporting brief
- Up to 25 pages
- Opposition brief
- Up to 25 pages
- Reply brief
- Up to 15 pages
Exception
More pages with leave of court
Discovery motions limited to 5 pages with form of order.
- Page limit for attorneys
- Up to 5 pages
- Discovery motions
Court's wording
However, if after making a good faith effort, counsel are unable to resolve a disputed issue, counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order, and short brief not to exceed five (5) pages describing the disputed issue(s).
Judge Bartle is flexible but will place time limits on openings statements and summations. He will discuss the time needed with counsel prior to the speeches.
Document Filing Requirements14 rules
All motions must contain the certification required under Local Civil Rule 26.1(f).
- Document
- Discovery motion
Must include
- •Local rule certificate
Parties should identify expert witnesses and provide the experts' written reports pursuant to the scheduling order entered in the particular case. Failure to do so will bar the use of the expert's testimony at trial.
- Document
- Expert witness
Should include
- •Written report
Confidentiality orders must include specific language about court's right to modify.
Court's wording
Judge Bartle will approve a confidentiality order if the order includes a detailed statement demonstrating that good cause exists for the protective order. See Pansy v. Borough of Stroudsberg, 23 F.3d 772, 786 (3d 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.
Judge Bartle will not permit more than one attorney for a party to examine the same witness.
Judge Bartle requires counsel to view all videotaped depositions for the purpose of editing the videotape and resolving material objections before offering the videotape as evidence.
Judge Bartle requires the submission of proposed findings of fact and conclusions of law in non-jury cases.
- Document
- Proposed findings conclusions
Must include
- •Proposed findings of fact
Proposed jury instructions and interrogatories due 7 working days before trial.
Court's wording
Judge Bartle requires that at least seven (7) working days before the date the case is set for trial, each party shall submit to the court and serve on each other, two (2) copies of proposed points for charge and any proposed jury interrogatories. Each point for charge and proposed jury interrogatory shall be numbered and on a separate sheet of paper identifying the name of the requesting party.
Government must submit guilty plea memorandum 2 days before plea with offense elements and citations.
Court's wording
Judge Bartle requires the government to submit a guilty plea memorandum two days prior to the guilty plea. Such a memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such elements.
Counsel must stand when addressing court but may sit when examining witnesses.
- Document
- Courtroom proceedings
Include
- •Stand when addressing court
Court's wording
In all courtroom proceedings, Judge Bartle expects counsel to stand when addressing the Court. However, counsel may remain seated when examining witnesses. Counsel also may approach the witnesses with permission of the Court.
Counsel must be punctual and civil to all parties, witnesses, and court personnel.
Court's wording
Judge Bartle expects counsel to be punctual for all conferences, hearings, and trials. He also expects counsel at all times to be civil to one another as well as to all parties, witnesses, and court personnel.
Judge Bartle rarely refers settlement negotiations to another district court judge.
Judge Bartle's general rule is that (except for weapons and drugs) if an exhibit is admitted into evidence, it goes into the jury room.
Judge Bartle encourages the submission of sentencing memoranda by both the government and the defendant.
Stipulations must be sent to Judge's chambers for review, not to Clerk.
Court's wording
Stipulations should be sent to Judge Bartle's chambers for review and not to the Clerk. Judge Bartle requires that all stipulations be submitted to him for review and the Clerk mails copies to counsel.
Filing & Service rules
Courtesy Copy Requirements
Chambers copy required for all motions and briefs, including ECF filings.
The originals of all motions and briefs shall be filed with the Clerk. A copy of same shall be delivered to Judge Bartle's chambers, including documents which are submitted using the Electronic Case Filing (ECF) system.
Page 4 | Motion Practice
Submit 2 copies of proposed jury instructions 5 working days before trial.
Judge Bartle's usual practice is that at least five (5) working days before the case is placed in the trial pool or listed for trial, each party shall submit to the Court, and serve on each other, two (2) copies of proposed points for charge and any proposed special jury interrogatories.
Page 11 | Proposed Jury Instructions and Verdict Forms
Counsel should provide Judge Bartle with two (2) copies of each exhibit and a schedule of exhibits which shall briefly describe each exhibit.
Counsel should provide Judge Bartle with two (2) copies of each exhibit and a schedule of exhibits which shall briefly describe each exhibit.
Page 11 | Before commencement of trial
Pre-Motion Conference Requirements
Status conference required after defense counsel appears in civil cases; covers multiple pretrial matters.
After the entry of appearance by defense counsel in civil actions, Judge Bartle schedules a status conference in chambers. At this status conference, counsel are expected to be prepared to discuss jurisdictional defects; possibility of amicable settlements; alternative dispute resolution; time limitations for joining additional parties and amending pleadings, if necessary; scheduling for discovery deadlines, filing of motions, filing of pretrial memoranda, and future pretrial conferences; scheduling a date for trial; and any other appropriate matter. Judge Bartle enters a scheduling order following this conference.
Page 2 | Civil Cases
A reply brief, addressing arguments raised in the brief in opposition to the motion, may be filed and served by the moving party within seven (7) days after service of the brief in opposition to the motion unless the Court sets a different schedule.
A reply brief, addressing arguments raised in the brief in opposition to the motion, may be filed and served by the moving party within seven (7) days after service of the brief in opposition to the motion unless the Court sets a different schedule.
Page 4 | Motion Practice
Adjournment & Extension Requirements
Judge Bartle is extremely reluctant to grant continuances, especially if...
Since trial dates are set well in advance, normally at the time of the initial conference, Judge Bartle is extremely reluctant to grant continuances - especially if the
Page 2 | Civil Cases
Chambers Communication Rules
Correspondence allowed for extensions and scheduling only, not for substantive matters.
Counsel may write to Judge Bartle to request an extension of time and for all matters pertaining to scheduling. Judge Bartle does not permit correspondence in lieu of formal discovery or contested motions or other substantive matters which should be made of record.
Page 1 | Preliminary General Matters
Judge Bartle will use telephone conferences for scheduling changes, extensions of time, and similar matters. He often has conference calls on discovery motions. Judge Bartle requests that counsel or a conference call operator place the call.
Judge Bartle will use telephone conferences for scheduling changes, extensions of time, and similar matters. He often has conference calls on discovery motions. Judge Bartle requests that counsel or a conference call operator place the call.
Page 1 | Preliminary General Matters
In general, Judge Bartle expects counsel to bring matters to his attention only after they have been discussed with opposing counsel.
In general, Judge Bartle expects counsel to bring matters to his attention only after they have been discussed with opposing counsel.
Page 16 | OTHER GENERAL MATTERS
Law clerks may relay information but cannot give legal advice.
Judge Bartle has no objection if law clerks are used as vehicles for relaying information to the Court. He does not permit law clerks to give advice to counsel.
Page 1 | Preliminary General Matters
Judge provides proposed jury instructions to counsel before charge conference.
Judge Bartle provides counsel with a copy of proposed jury instructions for review in advance of a charge conference.
Page 12 | Written Jury Instructions
Juror interviews permitted after verdict, but jurors have no obligation to speak.
Judge Bartle permits counsel to interview the jurors after the verdict has been recorded and the jury has been discharged. However, jurors are told they are under no obligation to speak with counsel.
Page 14 | Criminal Cases
Junior Lawyer Participation Incentives
Oral argument not routinely granted but may be considered upon request or if helpful to decision.
Judge Bartle does not routinely hear oral argument on motions, but will consider it on request of counsel or if he believes it will assist him in deciding the motion.
Page 4 | Motion Practice