Lancaster Cnty. C.P. Judge Leonard G. Brown III - Judge's Procedures 20

Any party expecting to offer lay opinion testimony pursuant to Pennsylvania 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.

B. Jury Deliberations

1. Written Jury Instructions

In the appropriate case, the court will give the jury a copy of the written jury instructions.

2. Exhibits in the Jury Room

After the jury has been instructed and taken to the jury room to begin deliberations, the

court and counsel will discuss which exhibits should go out with the jury for their

consideration during deliberations if so requested.

3. Handling of Jury Requests to Read Back Testimony or Replay Tapes

At the jury’s request, the court may permit the Deputy Clerk to read portions of testimony

back to the jury or to replay the audio or video-taped testimony.

4. Availability of Counsel During Jury Deliberation

Unless excused by the court, counsel must remain in the courthouse during jury

deliberations.

5. Taking the Verdict and Special Verdicts

Ordinarily, the court will submit interrogatories to the jury. The Courtroom Deputy will

take the verdict in the presence of the court, counsel, and the parties.

6. Polling the Jury

If requested by counsel, the court will poll the jury.

7. Interviewing the Jury

Judge Brown will allow counsel to interview jurors but will instruct the jury that they are

not required to talk to the attorneys.

APPENDIX 1

SAMPLE PRETRIAL ORDER CIVIL CASES

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

, :

Plaintiff, :

:

vs. : No. CI-

:

, :

Defendant. :

ORDER

AND NOW, this ____ day of _______2026, a Pre-trial Conference has been scheduled in

this matter for the ______ day of __________________ , at _____ _.m. in Chambers 2 of the

Lancaster County Courthouse.

The purpose of the Pre-trial Conference is to consider: narrowing of issues; possibility of

obtaining admissions of fact and of documents which will avoid unnecessary proof; limitation of

the number of witnesses; and, any such other matters as may aid in the disposition of the case.

The parties/parties’ counsel are advised to have settlement authority at the time of the Pre-trial

Conference. The parties/parties’ counsel are also advised to comply with the court’s pre-trial

conference procedure provided for in Local Rule 212.2A and Judge Brown’s procedures Sections

VII-VIII located at: http://pa-lancastercountycourts.civicplus.com/135/Local-Rules-of-Court.

Counsel shall prepare in writing a pre-trial memorandum consistent with Judge Brown’s

procedures Section VII.B., which includes the following:

I. A brief statement of the nature of the action and the basis on which the

jurisdiction of the court is invoked.

II. Plaintiff's pretrial memorandum shall contain a brief statement of the facts of the

case. Defendant's pretrial memorandum shall contain such counter-statements of

the facts as may be necessary to reflect any disagreement with plaintiff's

statement. All parties omit pejorative characterizations, hyperbole, and conclusory

generalizations.

III. A list of every item of monetary damages claimed, including (as appropriate)

computations of lost earnings and loss of future earning capacity, medical

expenses (itemized), property damages, etc. If relief other than monetary damages

is sought, information adequate for framing an order granting the relief sought

shall be furnished.

IV. A list showing the names and addresses of all witnesses the party submitting the

memorandum intends to call at trial. Liability and damages witnesses shall be

designated separately.

V. A schedule of all exhibits to be offered at trial by the party submitting the

memorandum.

VI. An estimate of the number of days required for trial.

VII. Special comments regarding legal issues, stipulations, amendments of pleadings,

or other appropriate matters.

VIII. All stipulations of counsel.

IX. A statement of objection to: (1) the admissibility of any exhibit based on

authenticity; (2) the admissibility of any evidence expected to be offered for any

reason (except relevancy); (3) the adequacy of the qualifications of an expert

witness expected to testify; and (4) the admissibility of any opinion testimony

from lay witnesses pursuant

At least two weeks prior to the Pre-trial Conference, plaintiff’s original pre-trial

memorandum shall be filed with the Prothonotary, and a courtesy copy shall be submitted to

chambers. At least one week prior to the pretrial conference, defendant’s pre-trial memorandum

shall be filed with the Prothonotary, and a courtesy copy shall be submitted to chambers. A

Courtesy copy may be submitted to chambers by email

(Judge_Brown_Chambers@lancastercountypacourt.gov), or hand delivery.

Counsel trying the case shall be present for the pretrial conference. The Court expects

counsel to have conferred prior to the Pre-trial Conference to address any evidentiary issues or

exhibit objections in accordance with the court’s procedures located on the Lancaster County

Court of Common Pleas website. Those outstanding objections shall be brought to the Court’s

attention at the Pre-trial Conference.

If a party fails to file a pre-trial memorandum, the Court may make an appropriate order

under Rule 4019(c) governing sanctions. In addition, a party who fails to file a pre-trial

memorandum shall, except upon good cause shown, be barred from offering any testimony or

introducing any evidence in support of or in opposition to claims for the matters not covered

therein.

Both parties’ counsel are encouraged to sign up for CountySuite Online used by the

Lancaster County Prothonotary as an electronic filing system and advise the Court if they have

done so at the pretrial conference. The parties are not required to file any documents through

CountySuite Online. However, by signing up they will receive orders from the Court via email.

There is no cost for the parties to sign up for or receive notifications through CountySuite Online.

Failure to sign up for CountySuite Online will result in a delay in the parties receiving court

orders. For more information go to: https://portal.lancaster.pa.countysuite-

azuregov.us/courts.civil.eservices/.

APPENDIX 2

SAMPLE PRETRIAL MEMO CIVIL CASES

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

:

Plaintiff, :

: Docket No: CI-xx-xxxxxx

v. :

:

:

Defendant. :

[DEFENDANT/PLAINTIFF] PRETRIAL MEMORANDUM

I. Jurisdiction. A statement as to the nature of the action and the basis on which the

jurisdiction of the court is invoked.

II. Facts. Plaintiff's pretrial memorandum shall contain a brief statement of the facts of the

case. Defendant's pretrial memorandum shall contain such counter-statements of the facts as may

be necessary to reflect any disagreement with plaintiff's statement. All parties shall omit

pejorative characterizations, hyperbole, and conclusory generalizations.

A. No facts should be denied unless opposing counsel expects to present contrary

evidence on the point of trial or genuinely challenges the fact on credibility grounds.

B. The facts relating to liability and to damages are to be separately stated.

III. Stipulations. These facts should include all matters capable of ascertainment, such as

ownership, agency, dimensions, physical characteristics, weather conditions, road surfaces, etc.

Approximations and estimates which are satisfactory to counsel will be accepted by the judge.

IV. Damages or Other Relief. A statement of damages claimed or relief sought.

A. A party seeking damages shall list each item claimed under a separate descriptive

heading (personal injury, wrongful death, survival, loss of profits, loss of wages,

deprivation of civil rights, false imprisonment, libel, slander, property damage, pain,

suffering, past and future medical expense, balance due under a contract, performance

due under a contract, interest, etc.), shall provide a detailed description of each item, and

state the amount of damages claimed.

B. A party seeking relief other than damages shall list under separate paragraphs the exact

form of relief sought with precise designations of the persons, parties, places and things

expected to be included in any order providing relief.

V. Legal Issues. In separate paragraphs, each disputed legal issue that must be decided and

the principal constitutional, statutory, regulatory, and decisional authorities relied upon.

VI. Witnesses. Under separate headings, and under separate headings for liability and

damages, the names and addresses of all witnesses whom the plaintiff, defendant, and third

parties actually intend to call at trial, during their respective case in chief.

A. Witnesses shall be listed in the order they will be called. Each witness shall be

identified and there shall be a brief statement of the evidence which the witness will give.

B. A detailed summary of the qualifications of each expert witness shall be submitted.

This summary shall be in such form that it can be read to the jury when the expert takes

the stand to testify.

C. Only those witnesses listed will be permitted to testify at trial, except to prevent

manifest injustice.

VII. Exhibits. A schedule of all exhibits to be offered in evidence at trial, together with a

statement of those agreed to be admissible and the grounds for objection to any not so agreed

upon.

A. The exhibits shall be serially numbered and be physically marked before trial in

accordance with the schedule.

B. Where testimony is expected to be offered as to geographical location, building,

structure, waterway, highway, road, walkway, or parcel of real estate, plaintiff shall

furnish an exhibit in such form that it can be used in the courtroom as an aid to oral

testimony.

1. Except in those cases where the issues require the use of exact scale, the

exhibit may be a simple single-line hand-drawn sketch.

2. In most instances, it will not be necessary that the exhibit be to scale or contain

other than reasonably accurate features of the geographical characteristics

involved.

3. If of adequate size and clarity, this exhibit may be an existing drawing, plan or

blueprint.

C. Except for unusual circumstances, it is expected that the authenticity or genuineness

of all exhibits, including non-documentary items, documents, photographs and data from

business records from sources other than parties to the litigation, will routinely be

stipulated to and will be received in evidence if relevant. Counsel likewise are expected to

agree upon the use of accurate extracts from or summaries of such records. Life

expectancy tables, actuarial tables, and other similar statistical and tabular data routinely

used in litigation in the Commonwealth should also normally be stipulated.

D. Exhibits should be pre-marked and exchanged in accordance with the final pretrial

order. On the day trial is scheduled to commence, counsel should provide two copies of

each exhibit and a copy of a schedule of exhibits to the judge and his clerk. If a party has

more than five (5) exhibits to introduce, the exhibits shall be presented to the court

electronically on a thumb drive for the court and a thumb drive for his clerk. There is no

need to provide binder exhibits as it is easier for the court to use the electronic set.

VIII. Legal Issues and Pleadings. Special comments regarding the legal issues or any

amendments to the legal pleadings not otherwise set forth.

IX. Trial Time. An estimate of the number of trial days required separately stated for liability

and damages.

X. Discovery Evidence and Trial Depositions. Each discovery item and trial deposition to

be offered into evidence.

A. Where the videotape or deposition of a witness is to be offered in evidence, counsel

shall review it so that there can be eliminated irrelevancies, side comments, resolved

objections, and other matters not necessary for consideration by the trier of fact. Counsel

shall designate by page the specific portions of deposition testimony and by number the

interrogatories which shall be offered in evidence at the trial.

B. Depositions and interrogatories to be used for cross-examination or impeachment need

not be listed or purged.

XI. Voir Dire. A list of all questions which counsel expects to ask in voir dire which are

beyond the areas of inquiry set forth in Pa.R.C.P. No. 220.3.

___________________________

Signature of Counsel