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Standard Operating Procedures

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Standard Operating Procedures Standard Judicial Operating Procedures For The Honorable Judith F. Olson (as of 12/15/08) Table of Contents Standard Judicial Operating Procedures – Jury Trials……………………………………………3 Standard Judicial Operating Procedures – Non-Jury Trials……………………………………….9 Standard Judicial Operating procedures – Appeals from Arbitration……………………………12 2 STANDARD JUDICIAL OPERATING PROCEDURES - JURY TRIALS Honorable Judith F. Olson 702 City-County Building Court of Common Pleas 414 Grant Street Allegheny County, Pennsylvania Pittsburgh, PA 15219 (412) 350-6052 (412) 350-6291 (FACSIMILE) Introduction It is hoped that consistent compliance with, and application of, the following procedures by the Court and counsel will serve to ensure the fair, just and efficient resolution of trials. The Court recognizes that jury trials are fluid in nature and that deviations from these procedures may be unavoidable. Counsel are expected, however, to advise the Court of a perceived need for departure from these procedures and obtain Court approval before assuming that a procedural departure will be permitted. The Court thanks counsel for their anticipated courtesy and cooperation. Contacts with the Court 1. All matters requesting action by the Court shall be presented in the form of a motion or petition to the Court. The Court will not accept unsolicited letters. The Court will not entertain requests for action that are submitted by unsolicited mail, fax, telephone or electronic mail. 2. No counsel or party shall engage in ex parte communication with the Court or its staff regarding any matter pending before the Court. 3. No counsel or party shall correspond with the Court by electronic mail unless specifically requested to do so. Such requests shall be in written form. 4. Inquiries concerning Court procedures should be directed to the tipstaff (Dan Cuneen at 412-350-6054) or the secretary (Molly Thayer at 412-350-6052). 3 Preliminary Conference The Court will hold a preliminary conference with counsel prior to the commencement of the trial. If there is reason to anticipate that difficult questions of law or evidence will arise during trial, counsel should alert the Court and opposing counsel at this conference. If appropriate, counsel shall submit to the Court a memorandum of law on any unique or difficult issues, prior to commencement of trial, or as soon thereafter as possible. Trial Schedule Unless otherwise indicated, trial will begin promptly at 9:00 a.m. Morning meetings between counsel and the Court will conclude prior to 8:55 a.m. and, accordingly, must be requested and scheduled appropriately. Testimony shall be presented from 9:00 a.m. to approximately 12:00 p.m. (noon). There will be a 45 minute lunch break, after which trial will resume promptly. There will be a 15 minute morning break and a 15 minute afternoon break. Unless otherwise indicated, trial will recess between 4:30 p.m. and 5:00 p.m. The Court will conduct an evening meeting with counsel at the end of testimony each day to go over any issues that will arise during the next day of trial. Counsel must be prepared to stay until all matters are resolved. Any issues that may arise the next day of trial must be raised at this time. The Court is strongly disinclined to ask the jury to wait for the Court and counsel to address evidentiary or other legal issues between 9:00 a.m. and 4:30 p.m. At the evening meeting, any party who will be presenting evidence the next day must identify the witnesses who will be called and the evidence that will be presented. Offers of proof should be requested at that time. Witness List Each party shall provide to the Court Reporter and the Court at the commencement of trial a complete list of potential witnesses, together with a list of any unusual names of other individuals, places or things likely to be referenced during testimony. The list should additionally note: 1. Any witness whose testimony will be received by deposition or videotape; and 2. The particular area of expertise of any expert witness. 4 Exhibit Books In advance of trial, counsel should prepare a tabbed exhibit book containing each exhibit that counsel plans to show to a witness, to introduce through a witness or to otherwise introduce into evidence1. At the commencement of the trial, in advance of testimony, copies of the exhibit book shall be given to all opposing counsel/unrepresented parties. A copy shall also be provided to the Court. Additionally, a copy shall be provided for use by witnesses, and may be placed and remain on the witness stand during the trial. Plaintiff exhibits should be marked by number. Defense exhibits should be marked by letter. The inclusion of an exhibit in the exhibit book does not impose any obligation to introduce the exhibit and the failure to do so cannot be commented on by other counsel. Joint Exhibits and Stipulations The parties are strongly encouraged to identify exhibits that may be jointly entered into the record and to arrive at stipulations of fact, pertinent dates or appropriate measures of damages. The parties may propose stipulations as to testimony in order to abbreviate background or corroborative testimony. Opening Instructions Delivered by the Court to the Jury Opening instructions to the jury will include a preliminary discussion of the law that will govern the case. The opening instruction is drawn from PSSCJI No. 1.01. Counsel shall agree, if possible, on the legal points that will be made in the opening instructions and provide the Court with the proposed language at the preliminary conference. Opening Statements Prior to the preliminary conference, an attorney shall advise other counsel of any exhibits that the attorney will be using in the opening statement. Objections to the use of the exhibits should be brought to the Courts attention at the preliminary conference. An opening statement shall not exceed forty-five (45) minutes without prior permission from the Court obtained during the preliminary conference. Upon violation of this guideline or 1 This does not include the portions of medical records or other voluminous records that will not be specifically referenced through testimony. 5 any guideline established during the preliminary conference, the Court, sua sponte, may interrupt an opening statement. Examining Witnesses A frequent complaint by jurors is the time spent on repetitive questioning and on matters that have little to do with the major issues in a case. Maintain a disciplined, focused examination of witnesses. The Court will intervene whenever interrogation or presentation seems to be repetitive, strays into areas of marginal relevance, subjects witnesses to harassment or undue embarrassment, or otherwise fails to move the case forward. The Court will intervene in the least intrusive manner necessary, but as appropriate, to ensure an efficient, fair trial. The Court may request an offer of proof before allowing re-direct examination. Counsel should feel free to move about the courtroom as they question a witness. Counsel need only request permission the first time they approach a witness. Likewise, opposing counsel may move freely about the courtroom insofar as necessary to see an exhibit or adequately observe testimony. Opposing counsel’s movement, however, should be conducted in all respects to minimize disruption or distraction from the proceedings. Witnesses are to be treated at all times with respect, fairness and consideration; they are not to be shouted at, ridiculed, argued with, or abused in any manner. Counsel should not by facial expression, nodding, or conduct exhibit any opinion, adverse or favorable, concerning any testimony that has been given by a witness. Counsel should admonish their clients to similarly avoid such conduct. Witnesses and parties should be asked to wear appropriate attire to all court proceedings. Depositions for Use at Trial A party using depositions at trial must have all objections resolved in advance. The party using the deposition shall furnish a copy of the full transcript of the deposition to the Court not later than the time that the deposition is used at trial. Use of Videotaped Depositions It is solely the responsibility of the party using a videotaped deposition to obtain equipment, provide an operator and to ensure in advance of the presentation that all necessary equipment is in place at such time so as not to interfere with the trial schedule. 6 Equipment should be in place before the commencement of the morning or afternoon trial session during which the videotape will be played. Exhibit Aids Easels, dry-erase boards and chalkboards are available for use as necessary by the parties. Requests for such equipment should be made to the tipstaff at the outset of the trial. Equipment should be set up before the commencement of the morning or afternoon trial session during which the equipment will be used. Reading Portions of the Pleadings An attorney who wishes to read admissions to the jury shall endeavor to present a list to other counsel that fully describes what will be read not later than the beginning of the evening meeting on the day before the attorney intends to read the admissions. Objections During Trial Any objection made within the hearing of the jury shall briefly be described by counsel. The Court may rule at that time. If counsel disagrees with a ruling, believes that the objection or the issue was not correctly understood, or wishes to place an explanation on the record to preserve the issue, counsel should then ask to approach the bench. Examination of a witness shall be suspended whenever an objection is stated and shall not continue until the objection is resolved or counsel is directed to go forward. This procedure is not intended to discourage parties from fully stating on the record their objections or their disagreements with the Court’s rulings, but is intended only to have such matters conducted outside the hearing of the jury.
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