Chester Cnty. C.P. Court of Common Pleas Standard Operating Procedures F

Counsel should contact the appropriate administrative office

concerning procedural questions or filings, and counsel should ensure complete

research into any question raised before contacting any office. Specific questions

about pre-trial filings, including motions, petitions and applications, may be

addressed with the pre-trial clerks (the judge's clerk is not a pre-trial clerk). It is

assumed that you will have familiarized yourself with Pennsylvania and local rules

before making any such communication. Scheduling questions should be directed

to the Court Administrator's office, unless special circumstances require that

contact be made with the judge’s secretary.

II. Court Proceedings

A. Court Schedule

1. The court normally opens at 9:00 a.m. or 9:30 a.m. (consult the

individual judge’s daily schedule) and closes at 4:30 p.m. During trials, the court

normally closes at approximately 4:30 p.m., but may delay closing into the night if

a jury is deliberating on a verdict. The court shall make every effort to commence

proceedings on time. Counsel, parties, and witnesses shall be ready to proceed at

the designated time. Generally, less time-consuming matters will be heard first if

more than one matter is scheduled for the same time. Prior to the initiation of the

proceedings, counsel should make one last effort to discuss an agreed disposition

with the opposing counsel. The court will make itself available to facilitate such a

disposition provided the scheduled and/or other proceedings are not unduly

delayed.

2. Lateness for court will not be tolerated; however, if counsel is

going to be late for a court proceeding, counsel should contact the judge’s

chambers as soon as possible and advise the judicial secretary of your expected

arrival. Unreasonable tardiness by counsel may result in sanctions, including the

payment of the opposing counsel fees.

III. Hearing/Trial Proceedings

A. Preliminary Conferences

Counsel shall meet with the court prior to jury selection to provide

witness lists for voir dire, points for charge and discuss the court's rulings on any

previously filed motions in limine, timing of witnesses, proof, etc. If special or

unusual issues or rules of law are at issue, or if points for charge are requested

which are not from standard jury instructions, written points for charge should be

submitted with citations of authority for each point. Any points for charge

requested or submitted from standard jury instructions shall have all blanks filled,

alternatives selected, and any changes to the standard wording noted and

highlighted. Individual judges may request that points for charge be e-mailed to

the judge’s secretary in an appropriate format. If counsel has reason to anticipate

that a significant question of law or evidence will arise during trial, counsel should

alert opposing counsel, and the court should be supplied with a memorandum of

law, if not a motion in limine, on the question prior to commencement of trial. In

civil trials, counsel must comply with C.C.R.C.P. 226.1.

B. Voir Dire

1. In criminal cases, voir dire will be conducted by the court.

2. Voir dire in civil cases may be conducted by counsel. If

disputes arise, the court will resolve them. Counsel should exchange proposed voir

dire questions prior to the commencement of voir dire.

3. The court prefers that counsel expedite voir dire, including the

striking procedure. If you are taking too long, the court may take over the process.

C. Court Seating

1. Under local practice, plaintiffs and the Commonwealth's table is

closest to the jury box.

2. If there is a request for more than one counsel table for all

plaintiffs or defendants, or any other special requests for seating, visual aids, etc.,

notify the Court Administrator's office at least one (1) week before trial.

3. Generally, only counsel and parties, if desired, shall sit at

counsel table. Witnesses shall sit in the public seating section unless otherwise

authorized by the court. If any party desires sequestration, that motion shall be

made at the outset of the trial. If sequestration is ordered, fact witnesses for all

parties will be sequestered. Expert witnesses may also be sequestered. Counsel

will be responsible for informing their non-party witnesses that they should remain

outside the courtroom until called, and that they should not discuss their testimony

with other witnesses until the trial is concluded.

4. No food or beverage may be brought to counsel table or into the

courtroom. Counsel may, however, have water glasses and pitchers at counsel

table. Arrangements should be made with the tipstaff.

D. Decorum of Counsel

1. Counsel shall dress in an appropriate professional manner and

shall participate in any hearing or trial in a dignified and formal manner. Counsel

shall not raise their voices any higher than is necessary to be clearly heard by the

court, witnesses and the jury. Always address the court on a disputed issue and not

opposing counsel. Colloquy between counsel is permitted only to expedite the trial

and should be avoided in the presence of the judge and jury. All remarks should be

addressed to the court and counsel will rise when addressing the court. Counsel

will be expected to act and speak respectfully to the court and opposing counsel.

2. Counsel should be courteous and professional. Counsel shall

not exhibit casual familiarity with the parties, jurors or opposing counsel while

court is in session. During opening statements or closing arguments, no juror

should be addressed individually or by name. Neither counsel nor the parties by

their body language or facial expression shall convey their reaction to the

testimony of a witness, the questions of or argument of opposing counsel.

3. Counsel shall read the Pennsylvania Code of Civility prior to

appearing in court and abide by Code Section II, The Lawyer's Duties to the Court,

while in court or chambers.

E. Opening Statements

The purpose of the opening statement is to state briefly what counsel

expects the evidence to show. Brief reference to the law will be permitted but only

to the extent that it will aid the jury to understand what counsel expects to prove.

It is not proper to use the opening statement to argue the case. Upon violation of

any of these rules, the court may, sua sponte, interrupt the opening statement and

remind counsel of the opening statement purpose.

F. Objections to Questions

When objecting, counsel should only state "objection" and then give a

brief statement of the legal grounds for the objection, e.g. "objection-hearsay";

"objection-lack of foundation". Do not offer extensive argument or explanation

unless requested to do so by the court. Counsel will not be permitted to state

additional reasons after the court has ruled. Do not use objections for the purpose

of making a speech, recapitulating testimony, or attempting to guide the witness.

Such "speaking objections" may result at least in a cautionary instruction being

given to the jury. If argument is necessary on an objection, ask to speak with the

court at side bar.