Judge Joel H. Slomsky
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies • Hand Delivery
- 3 copies
Exhibits
- 1 copy
- 1 copy • At Final Pretrial Conference
- 2 copies • At Trial
Motion, Brief
- 2 copies
Motion, Brief, Pleading
- 2 copies • Hand Delivery
Communication
Phone
Chambers
Page & Word Limits4 rules
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the initial brief, may be filed within seven days of service of the opponent's brief in opposition and shall be limited to ten pages.
- Reply
- Up to 10 pages
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the initial brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages. No further briefs may be filed.
- Reply brief
- Up to 10 pages
Rebuttal should not take more than five minutes and must not be a rehashing of counsel's closing argument.
Judge Slomsky permits counsel to conduct voir dire in civil cases. There is generally a time limit of thirty (30) minutes for each side for voir dire.
Document Format Requirements7 rules
Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.
- Binding
- Three-ring binder
Formatting
- •Arranged
- •Tabbed
- •Numbered consecutively
Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.
- Binding
- Tabbed three-ring binder
- Exhibits
Formatting
- •Arranged in a single binder
- •Numbered consecutively
They should be on hard copy and on a disk in WordPerfect format.
- File type
- WordPerfect
Alternative jury instructions must include authority; model instructions must indicate changes (underlined/added, bracketed/deleted); submit on WordPerfect disk.
- File type
- WordPerfect
Court's wording
If counsel cannot agree, proposed alternative instructions must be submitted with authority for each instruction. If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets. Counsel shall also submit proposed jury instructions and verdict forms on a disk in WordPerfect format.
Proposed findings of fact and conclusions of law in a non-jury trial should be submitted at least seven (7) days before the trial or trial pool date. They should be on hard copy and on a disk in WordPerfect format. The parties may submit revised or supplemental findings of fact and conclusions of law with specific reference to trial evidence at the conclusion of the case. A schedule for the submission of revised findings/conclusions will be discussed at the conclusion of trial.
- File type
- WordPerfect
Counsel shall also submit proposed jury instructions and verdict forms on a disk in WordPerfect format.
- File type
- WordPerfect
- Jury instructions
Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Arranged and tabbed
- •Numbered consecutively
Document Filing Requirements50 rules
Exhibits may be published to the jury at the end of the party’s examination of the witness or prior to a break. If the exhibit is necessary to explain the testimony, Judge Slomsky may permit it to be published during the testimony. Ordinarily, permission should be sought prior to the witness taking the stand.
Provide 1 copy of each exhibit and 3 copies of exhibit schedule at final pretrial conference; 2 copies of each exhibit at trial.
- Document
- Exhibit
Must include
- •Exhibit list
Court's wording
At the final pretrial conference, the parties shall provide the Court with one copy of each exhibit and three copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the parties shall provide the Court with two copies of each exhibit.
Lay opinion testimony under FRE 701 requires disclosure of supporting information/documents at expert report deadline.
Court's wording
Any party expecting to offer lay opinion testimony pursuant to Federal Rule of Evidence 701 regarding issues of liability or damages shall provide the opposing parties with information or documents supporting the testimony at the time required for submission of expert reports.
Motions for judgment as a matter of law and motions for judgment on partial findings may be oral or written. Oral argument will be permitted if counsel request it.
Exhibits are to be placed in evidence during testimony, at a convenient time during a party’s case-in-chief, or at the close of each party’s case-in-chief. If the latter, counsel should review the exhibits in advance so that agreed upon exhibits can be admitted quickly and disputed exhibits ruled upon at a time that will not impose on the jury.
Submitting proposed jury instructions does not waive objections; objections discussed at charging conference.
Court's wording
Submitting a proposed point does not constitute a waiver of objection. Counsel are instructed to work on proposed instructions regardless of counsel’s position with respect to a point’s applicability. If the Court sustains an objection to a particular instruction, it will not be submitted to the jury. Objections to jointly submitted points will be discussed and ruled upon at the charging conference.
Counsel must meet to discuss and submit agreed jury instructions covering only substantive issues, not basic instructions.
- Document
- Jury instructions
Must include
- •Substantive issues only
Court's wording
Counsel must meet and discuss proposed jury instructions and verdict forms for the purpose of submitting agreed upon jury instructions and verdict forms. The proposed instructions should cover only the substantive issues regarding the elements of each cause of action and each defense. Basic instructions, such as the burden of proof, credibility and procedure, should not be submitted.
In non-jury trials, submit agreed findings/conclusions plus each party's additional proposed findings/conclusions.
- Document
- Proposed findings conclusions
Must include
- •Additional proposed findings conclusions
Court's wording
In a non-jury trial, counsel shall submit findings of fact and conclusions of law upon which they agree. In addition, each party shall submit any additional proposed findings of fact and conclusions of law for the consideration of the Court.
After the jury has retired to deliberate, counsel shall review the exhibits to determine which exhibits will go out with the jury. If counsel cannot agree, they should request a ruling immediately after the jury retires to the deliberations room.
Prior to the Rule 26(f) conference, the parties shall exchange the following information:
The parties shall discuss the parameters of their anticipated e-discovery at the Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16 scheduling conference with the court.
To promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison").
E-discovery liaison must be familiar with party's electronic systems and knowledgeable about technical aspects of e-discovery.
Court's wording
Regardless of whether the e-discovery liaison is an attorney (in-house or outside counsel), a third party consultant, or an employee of the party, he or she must be: a. familiar with the party’s electronic systems and capabilities in order to explain these systems and answer relevant questions; b. knowledgeable about the technical aspects of e-discovery, including
Suppression/Starks/Daubert hearings held 2 weeks before trial; government must file proposed findings.
- Document
- Pretrial hearing
Must include
- •Proposed findings of fact
Court's wording
Suppression, Starks and Daubert hearings are typically held at least two weeks prior to trial. The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing. The parties may request leave to supplement proposed findings of fact after the hearing.
The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing.
Defendant's written consent required for continuances using Speedy Trial Act form.
- Document
- Continuance request
Must include
- •Defendant written consent
Court's wording
In all criminal cases, before a continuance will be granted, Defense Counsel must obtain Defendant’s written consent to a continuance. Such consent shall be given by using the Court’s Speedy Trial Act Acknowledgment of Rights form. This form must be signed by Defendant and docketed before any continuance shall issue.
Government must file trial memorandum 1 week before trial with specific content.
- Document
- Trial memorandum
Must include
- •Legal issues
- •Witness testimony substance
- •Essential elements of offenses
Court's wording
At least one week prior to the trial date, the government must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’ testimony and any legal issues. The defendant is not required to file a trial memorandum but may do so.
Proposed jury instructions and interrogatories due 7 days before trial, numbered.
- Document
- Jury instructions
Must include
- •Proposed points for charge
- •Proposed jury interrogatories
Court's wording
Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories no later than seven days prior to the trial date. Each point for charge and proposed jury interrogatory shall be numbered
Proposed instructions must include authority; model instructions must indicate changes.
Court's wording
Each point for charge and proposed jury interrogatory shall be numbered proposed instruction must be submitted with authority. If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets.
Government must file trial memorandum one week before trial with elements, facts, witnesses, and legal issues.
Court's wording
At least one week prior to the trial date, the government must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues.
Government must submit guilty plea memorandum 2 days before plea hearing with elements, penalties, plea terms, and factual basis.
Court's wording
The government must submit a guilty plea memorandum at least two days prior to the change of plea hearing. The 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 for each offense, the terms of any plea agreement and the factual basis for the plea.
If a defendant is responsible for restitution, the government must submit sufficient information in its sentencing memorandum to enable the Court to determine entitlement
Sentencing memoranda due one week before sentencing with legal authority; copies served on opposing party, Chambers, and Probation Office upon filing.
Court's wording
Judge Slomsky requires the submission of sentencing memoranda by both the government and the defendant no later than one week before sentencing. The memorandum must set forth any legal authority relied upon by the party. One copy of each sentencing memorandum, motion and response shall be served on the opposing party, the Court (Chambers, Room 4000) and the United States Probation Office when the original is filed.
Lead trial counsel (not associate) must attend Rule 16 conference with authority to discuss settlement.
Court's wording
Lead trial counsel, not an associate, must attend the Rule 16 conference. Counsel shall have a thorough comprehension of the facts and shall be prepared to discuss all claims and defenses in detail, including settlement, and have authority from their clients to do so.
Motions to dismiss, amend, transfer, add parties and other threshold motions should be filed before the Rule 16 conference. Counsel shall be prepared to discuss the merits of any outstanding motions at the conference.
Settlement conference with Magistrate Judge Wells required; parties with settlement authority must attend unless excused.
Court's wording
Counsel are required to attend a settlement conference with Magistrate Judge Carol Sandra Moore Wells as set forth in the Scheduling Order. Counsel must adhere to Magistrate Judge Well’s requirements regarding the conduct of the conference. The parties and/or persons with full authority to settle must accompany counsel to the mediation before Judge Wells unless excused in advance by Judge Wells.
Lead trial counsel must attend Rule 16 conference with full case knowledge and settlement authority.
Court's wording
Lead trial counsel, not an associate, must attend the Rule 16 conference. Counsel shall have a thorough comprehension of the facts and shall be prepared to discuss all claims and defenses in detail, including settlement, and have authority from their clients to do so.
Non-compliance with Rule 26(f) meeting and plan submission results in no voice at scheduling conference and potential sanctions.
Court's wording
Outstanding motions will not excuse the requirements of holding the meeting and submitting the plan. Compliance is mandatory. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.
The Rule 26(f) meeting shall take place as soon as possible and, in any event, no later than fourteen (14) days after the date of the Order scheduling the Rule 16 conference.
Initial disclosures under Rule 26(a) must be exchanged within 14 days of Rule 16 scheduling order.
Court's wording
The information required to be disclosed pursuant to Fed. R. Civ. P. 26(a) is required to be exchanged no later than fourteen (14) days after the date of the Order scheduling the Rule 16 conference. Compliance with the Rules is mandatory.
When timely discovery is not forthcoming after a reasonable attempt has been made to obtain it, the immediate assistance of the court should be sought after compliance with Local Rule 26.1(f). The certification must state in detail what efforts were made to resolve the dispute.
The parties are required to commence discovery immediately upon receipt of notice of the Rule 16 conference. Pending motions do not excuse counsel from proceeding with discovery.
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.
Opposition to summary judgment must include a separate response to the Statement of Undisputed Facts.
- Document
- Opposition
Must include
- •Statement of facts
Court's wording
The papers opposing a motion for summary judgment shall include a separate statement of material facts, responding to the numbered paragraphs set forth in the Statement of Undisputed Facts, which the respondent contends present genuine issues to be tried.
Objections to deposition testimony must be made in writing before the pretrial conference with page/line citations.
Court's wording
Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.
Pretrial memoranda must detail the substance of each witness's testimony, not just identify their role.
Court's wording
The filing of a Pretrial Memorandum as described in Local Rule 16(1)(c) will be required. In the pretrial memoranda, counsel must detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.
Exhibits must be provided in a single three-ring binder with specific copy requirements for court and trial.
- Document
- Exhibits
Must include
- •Tabbed
Court's wording
The parties shall provide the Court with one copy of each exhibit and three copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the parties shall provide the Court with two copies of each exhibit. Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively.
Parties must notify others of deposition use in pretrial memorandum and file written objections with page/line citations before pretrial conference.
Court's wording
Any party intending to use depositions, written or video, at trial must notify all other parties in the pretrial memorandum. Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection. The objecting party must provide the Court with a copy of the deposition transcript with the challenged testimony highlighted.
Opposition to summary judgment requires a separate statement responding to numbered paragraphs in the Statement of Undisputed Facts.
- Document
- Opposition to summary judgment
Must include
- •Statement of material facts
Court's wording
The papers opposing a motion for summary judgment shall include a separate statement of material facts, responding to the numbered paragraphs set forth in the Statement of Undisputed Facts, which the respondent contends present genuine issues to be tried. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment. All material facts set forth in the statement required to be served by the moving party shall be admitted unless controverted by the opposing party.
Summary judgment motions require a separate Statement of Undisputed Facts in numbered paragraphs.
- Document
- Motion for summary judgment
Must include
- •Statement of undisputed 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. Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Facts.
As a general rule, Judge Slomsky does not allow the jury to take notes. In an appropriate case, he may permit notetaking.
If pleadings don't permit e-discovery discussion, parties must agree on exchange date or seek court resolution.
Court's wording
To the extent that the state of the pleadings does not permit a meaningful discussion of the above issues by the time of the Rule 26(f) conference, the parties shall either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the court at the Rule 16 scheduling conference.
Correspondence regarding the following is permitted, provided the letter states that counsel agrees or disagrees with the request:
Threshold motions should be filed before the Rule 16 conference, with counsel prepared to discuss merits.
Court's wording
Motions to dismiss, amend, transfer, add parties and other threshold motions should be filed before the Rule 16 conference. Counsel shall be prepared to discuss the merits of any outstanding motions at the conference.
Pretrial conferences in criminal cases are held only in complex cases or those involving several attorneys.
Judge Slomsky conducts voir dire in criminal cases. Counsel may submit proposed voir dire questions.
- Document
- Voir dire
May include
- •Judge conducts voir dire
Counsel moving for the pro hac vice admission of an attorney may file a motion with the Court by submitting the Attorney Admissions Application (Pro Hac Vice) form.
Parties must submit numbered jury instructions and interrogatories 7 days before trial, with citations and formatting for modifications.
Court's wording
Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories no later than seven days prior to the trial date. Each point for charge and proposed jury interrogatory shall be numbered proposed instruction must be submitted with authority. If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets.
Statements of material facts in summary judgment motions must cite sources including page and line numbers.
Court's wording
Statements of material facts in support of or in opposition to a motion for summary judgment shall cite the source that supports each of 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.
All statements of material facts in summary judgment motions must include specific record citations with page and line numbers.
Court's wording
Statements of material facts in support of or in opposition to a motion for summary judgment shall be accompanied by a citation to the specific page or pages of the record on which each fact is supported. Each stated fact shall cite the source relied upon, including the page and line of any document or deposition to which reference is made.
Filing & Service rules
Courtesy Copy Requirements
Parties must provide two copies of each exhibit to the Court at trial.
At the trial, the parties shall provide the Court with two copies of each exhibit.
Page 3 | 12. Preparation of Exhibits
Parties must provide one copy of each exhibit to the Court at the final pretrial conference.
At the final pretrial conference, the parties shall provide the Court with one copy of each exhibit
Page 3 | 12. Preparation of Exhibits
Parties must provide three copies of the exhibit schedule to the Court at the final pretrial conference.
three copies of a schedule of exhibits which shall briefly describe each exhibit
Page 3 | 12. Preparation of Exhibits
Counsel must send two courtesy copies of any motions and related briefs to Chambers.
Notwithstanding compliance with this procedure regarding use of ECF, counsel shall send to Chambers two (2) courtesy copies of any motions (and related briefs) filed with the Clerk of the Court.
Civil cases
Page 1 | D. Electronic Case Filing ("ECF") and Courtesy Copies
When not filing via ECF or when requested, deliver two courtesy copies of all pleadings and motion papers to Chambers.
in the unusual case where counsel does not file using ECF or counsel is requested to do so, two (2) courtesy copies of all pleadings and motion papers shall be delivered to Chambers, Room 5614, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.
Civil cases
Page 1 | D. Electronic Case Filing ("ECF") and Courtesy Copies
Two courtesy copies required for all motions and related briefs filed electronically; two copies required for all pleadings if not filed electronically or when requested.
Counsel shall file all pleadings electronically through ECF. Notwithstanding compliance with this procedure regarding use of ECF, counsel shall send to Chambers two (2) courtesy copies of any motions (and related briefs) filed with the Clerk of the Court. In addition, in the unusual case where counsel does not file using ECF or counsel is requested to do so, two (2) courtesy copies of all pleadings and motion papers shall be delivered to Chambers, Room 5614, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.
Civil cases
Page 2 | D. Electronic Case Filing ("ECF") and Courtesy Copies
Parties must provide the Court with one copy of each exhibit and three copies of the exhibit schedule.
The parties shall provide the Court with one copy of each exhibit and three copies of a schedule of exhibits which shall briefly describe each exhibit.
Civil cases
Page 6 | Final Pretrial Conference
Sealing & Redaction Procedures
Stipulated confidentiality/sealing orders must demonstrate good cause and include specific language reserving the Court's right to modify.
Judge Slomsky will consider entry of stipulated confidentiality or sealing orders if the proposed order includes a detailed statement demonstrating that good cause exists for the order. See Pansy v. Borough of Stroudsberg, 23 F.3d 772, 786 (3rd 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."
Civil cases
Page 4 | F. Confidentiality Agreements
Adjournment & Extension Requirements
Written defendant consent on Speedy Trial Act form required before any continuance is granted.
In all criminal cases, before a continuance will be granted, Defense Counsel must obtain Defendant's written consent to a continuance. Such consent shall be given by using the Court's Speedy Trial Act Acknowledgment of Rights form. This form must be signed by Defendant and docketed before any continuance shall issue.
Criminal cases
Page 1 | Continuances
Chambers Communication Rules
Judge requires punctuality, courtesy, proper courtroom decorum; counsel must address Court/witnesses only, not jury; opening/closing from lectern with microphone.
Judge Slomsky will insist on punctuality and courtesy from counsel to the Court and to each other, both in the presence of the Court and otherwise. The examination of witnesses should be conducted from the lectern or from counsel table. Counsel should rise to address the Court and should seek permission of the Court before approaching witnesses or the bench. In addition, counsel will direct all comments to the Court or to the witness under examination and not to other counsel or to the jury. Counsel are reminded that their own opinions regarding facts or issues in a case are irrelevant and should not be communicated to the jury (e.g., "I think . . ., we believe . . ."). To the extent possible, the parties should notify the Court of any issues that will need to be ruled upon at the start of the day's proceedings, or during a recess out of the jury's presence. Unless leave is otherwise given, counsel shall make opening statements and closing arguments from the lectern and shall speak into the microphone.
Page 6 | Courtroom Decorum and Professionalism
Counsel may interview jurors after verdict/discharge, must respect jurors' wishes, cannot disclose excluded facts or undermine verdict confidence.
After a verdict has been recorded and the jury has been discharged, counsel may interview jurors. The jurors are told that they are permitted to talk to counsel and others, if they desire, but they need not do so. Counsel shall respect the jurors' desire not to speak to them. Counsel is not permitted to disclose facts to the jury that were previously excluded by evidentiary rulings or would undermine the jury's confidence in its verdict.
Page 6 | Interviewing Jurors
Counsel must be available within 15 minutes during jury deliberations and provide contact information to deputy clerk.
Counsel must be available upon fifteen (15) minutes notice during jury deliberations. As a practical matter, this means that counsel must stay in or near the courthouse. Counsel must leave their office and cell phone numbers with the deputy clerk.
Page 6 | Availability of Counsel During Jury Deliberations
Counsel must resolve voir dire questions before panel arrives; unresolved issues go to deputy clerk.
Counsel must discuss voir dire questions and resolve any differences before the panel is brought to the courtroom. If they cannot agree, counsel must advise the deputy clerk that the judge must rule upon the disputed issues.
Videotaped testimony objections must be discussed in advance; unresolved objections due 10 days before final pretrial conference with transcript and objection list.
Counsel must discuss in advance of trial all objections to the presentation of videotaped testimony to resolve all conflicts. If counsel cannot resolve their disagreements, they should present any outstanding disagreements at least ten days prior to the final pretrial conference by providing a transcript of the testimony with the challenged question and answer highlighted, and a list setting forth each objection by page and line numbers and the basis for the objection.
Counsel should discuss privately any evidentiary issue that may have been unanticipated. Only after they have been unable to reach agreement, should counsel bring the matter to the deputy clerk's attention at the beginning of the day or during an appropriate break when the jury is not present.
Counsel should discuss privately any evidentiary issue that may have been unanticipated. Only after they have been unable to reach agreement, should counsel bring the matter to the deputy clerk's attention at the beginning of the day or during an appropriate break when the jury is not present.
Videotaped testimony must be edited to eliminate pauses and speed-ups before trial.
The videotape must be edited prior to trial to eliminate pauses and speed-ups so there are no interruptions.
Speaking objections prohibited; must cite rule number or use one-word basis.
Judge Slomsky does not permit speaking objections. Objections shall be made by reciting the appropriate rule number or a one word basis.
Motions in limine must meet Scheduling Order deadline; rulings before or at final pretrial conference.
Motions in limine must be filed by the deadline set in the Scheduling Order. Judge Slomsky will usually rule upon such motions before or at the final pretrial conference.
Only one attorney per party per witness/legal point; multiple attorneys allowed for different witnesses/points.
Only one attorney for a party may examine the same witness or argue the same legal point. More than one attorney for a party may examine different witnesses or argue different legal points.
Written communications with the Court concerning any case assigned to Judge Slomsky's calendar should be by the filing of a pleading, motion, application or other similar filing provided for in the Federal Rules of Civil Procedure, or Local Rules of Civil Procedure.
Written communications with the Court concerning any case assigned to Judge Slomsky's calendar should be by the filing of a pleading, motion, application or other similar filing provided for in the Federal Rules of Civil Procedure, or Local Rules of Civil Procedure.
Civil cases
Page 1 | A. Correspondence
Faxing pleadings, motions, filings, or correspondence to chambers is prohibited.
Facsimile transmittal of pleadings, motions, other filings or correspondence to chambers is not permitted.
Civil cases
Page 1 | C. Faxes
Faxing pleadings, motions, filings, or correspondence to chambers is prohibited.
Facsimile transmittal of pleadings, motions, other filings or correspondence to chambers is not permitted.
Civil cases
Page 2 | C. Faxes
Counsel should check with the deputy clerk to determine whether the courtroom is equipped for playback or whether counsel must provide playback equipment.
Counsel should check with the deputy clerk to determine whether the courtroom is equipped for playback or whether counsel must provide playback equipment.
Cases in trial pool require 48-hour notice to commence trial.
For cases in the trial pool, counsel shall be prepared to commence trial upon 48 hours notice.
Sidebar conferences discouraged; only for unanticipated issues.
Sidebar conferences are discouraged and are rarely permitted. Only unanticipated issues will necessitate a sidebar conference.
Written correspondence is permitted only for Court requests, uncontested Rule 16 continuances, unanticipated personal matters, or case disposition confirmation.
Correspondence regarding the following is permitted, provided the letter states that counsel agrees or disagrees with the request: (1) When counsel are specifically requested by the Court to communicate some information to the Court by letter; (2) When there is an uncontested request for a continuance of the Rule 16 Scheduling Order deadlines not affecting the dates for filing a summary judgment motion and trial; (3) When the participation of counsel in the case is expected to be affected by an unanticipated personal matter concerning counsel, a party, a witness or counsel's immediate family, such as medical problems, vacation plans or other personal problems; or, (4) To confirm or advise the Court that a case has been settled, dismissed or otherwise finally disposed.
Civil cases
Page 1 | A. Correspondence
Judge does not typically give jury copies of written instructions, but may in appropriate cases.
Judge Slomsky does not give the jury a copy of the written jury instructions. However, he may do so in an appropriate case.
Page 5 | Voir Dire
Judge will advise jury testimony is usually not in transcript form; may read portions if transcript available and allow replay of tapes/videos.
Judge Slomsky will advise the jury that testimony is usually not in transcript form to give them. However, if a transcript is available, he will consider having appropriate portions read if requested by the jury. He may allow tapes and videotapes to be replayed to the extent necessary.
Page 5 | Handling of Jury Request to Read Back Testimony
Judge usually submits interrogatories to jury in civil cases, no general practice for verdicts.
Judge Slomsky has no general practice for taking a special or general verdict. He usually submits interrogatories to the jury in civil cases.
Page 6 | Taking the Verdict and Special Interrogatories
Judge generally allows jury polling if requested, no standard practice.
Judge Slomsky has no standard practice for polling the jury. He generally allows it if requested.
Page 6 | Polling the Jury
Limited re-cross examination allowed for new matters or special circumstances.
The Court will permit limited re-cross examination on matters not previously covered by cross examination or in special circumstances.
Judge conducts voir dire in criminal cases.
Judge Slomsky conducts voir dire in criminal cases.
No standard time limits for opening statements/summations; may suggest limits based on case.
Judge Slomsky usually does not place a time limit on opening statements and summations. However, depending upon the issues in the case and the length of the trial, he may suggest time limits.
Witness examination out of sequence permitted for witness convenience.
The Court will permit counsel to examine his/her own witnesses out of turn for the convenience of a witness.
Telephone inquiries for civil scheduling, case management and general procedures should be directed to the Courtroom Deputy at 267-299-7341.
Telephone inquiries should be directed as appropriate to either one of the following: Courtroom Deputy: Kelly Haggerty - 267-299-7341
Civil cases
Page 1 | B. Telephone Calls
The court encourages the submission of discovery disputes by telephone conference. If a discovery motion is filed, it may be acted upon before a response is filed either with or without a telephone conference.
The court encourages the submission of discovery disputes by telephone conference. If a discovery motion is filed, it may be acted upon before a response is filed either with or without a telephone conference.
Civil cases
Page 4 | III. Discovery
Discovery disputes encouraged via telephone conference; motions may be decided before response with or without conference.
The court encourages the submission of discovery disputes by telephone conference. If a discovery motion is filed, it may be acted upon before a response is filed either with or without a telephone conference.
Civil cases
Page 4 | Discovery
Junior Lawyer Participation Incentives
Oral argument granted at judge's discretion if helpful for decision-making.
Judge Slomsky will grant oral argument on motions if he believes it will assist him in deciding the motions. He usually considers and decides motions in limine prior to trial.
Criminal cases
Page 1 | Oral Argument and Motions