Courtroom and Trial Procedures; Procedures in Criminal Cases; Scheduling and Motion Policies and Procedures; Report of Rule 26(f) Meeting; Order Governing Electronic Discovery; Form - Speedy Trial Act Acknowledgment of Rights; Request for Advance Authorization for Investigative, Expert or Other Serv

=== Courtroom and Trial Procedures ===

UNITED STATES DISTRICT COURT Eastern District of Pennsylvania JUDGE SLOMSKY’S COURTROOM AND TRIAL PROCEDURES Updated December 2009 1. Scheduling of Cases The Scheduling Order will set a date certain for trial or the date when the case will be placed in the trial pool. For cases in the trial pool, counsel shall be prepared to commence trial upon 48 hours notice. 2. Voir Dire 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. 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. Judge Slomsky conducts voir dire in criminal cases. 3. Trial Objections and Sidebars Sidebar conferences are discouraged and are rarely permitted. Only unanticipated issues will necessitate a sidebar conference. Judge Slomsky does not permit speaking objections. Objections shall be made by reciting the appropriate rule number or a one word basis. 4. Motions in Limine 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. 5. Examination of Witnesses Out of Sequence The Court will permit counsel to examine his/her own witnesses out of turn for the convenience of a witness. 1 6. Opening Statements and Summations 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. He will discuss the time needed with counsel. Rebuttal should not take more than five minutes and must not be a rehashing of counsel’s closing argument. 7. Examination of Witnesses by More Than One Attorney 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. 8. Examination of Witnesses Beyond Redirect and Recross The Court will permit limited re-cross examination on matters not previously covered by cross examination or in special circumstances. 9. Offers of Proof 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. 10. Videotaped Testimony 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. The videotape must be edited prior to trial to eliminate pauses and speed-ups so there are no interruptions. Counsel should check with the deputy clerk to determine whether the courtroom is equipped for playback or whether counsel must provide playback equipment. 2 11. Reading of Material into the Record Judge Slomsky has no special practice or policy for reading stipulations, pleadings or discovery material into the record. Reading of material into the record may be done in a manner agreed upon by Judge Slomsky and counsel. 12. Preparation of Exhibits 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. Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits numbered consecutively. 13. Lay Witness Opinion 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. 14. Offering Exhibits into Evidence 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. 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. 15. Motions for Judgment as a Matter of Law 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. 3 16. Proposed Jury Instructions and Verdict Forms 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. Counsel are expected to cooperate in the preparation of the joint proposed instructions. Failure to cooperate in the process will result in the imposition of sanctions. 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. 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. 17. Proposed Findings of Fact and Conclusions of Law 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. 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. 18. Juror Notetaking As a general rule, Judge Slomsky does not allow the jury to take notes. In an appropriate case, he may permit notetaking. 4 19. Written Jury Instructions Judge Slomsky does not give the jury a copy of the written jury instructions. However, he may do so in an appropriate case. 20. Exhibits in the Jury Room 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. 21. Handling of Jury Request to Read Back Testimony 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. 22. Availability of Counsel During Jury Deliberations 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. 23. Taking the Verdict and Special Interrogatories Judge Slomsky has no general practice for taking a special or general verdict. He usually submits interrogatories to the jury in civil cases. The courtroom deputy will take the verdict in the presence of the Court, counsel and the parties. 24. Polling the Jury Judge Slomsky has no standard practice for polling the jury. He generally allows it if requested. 5 25. Interviewing the Jury 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. 26. Courtroom Decorum and Professionalism 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. 6

=== Procedures in Criminal Cases ===

UNITED STATES DISTRICT COURT Eastern District of Pennsylvania JUDGE SLOMSKY’S PROCEDURES IN CRIMINAL CASES Updated December 2009 1. Oral Argument and Motions 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. 2. Pretrial Conferences Pretrial conferences in criminal cases are held only in complex cases or those involving several attorneys. 3. Pretrial Hearings 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. 4. Continuances 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. 5. Voir Dire Judge Slomsky conducts voir dire in criminal cases. Counsel may submit proposed voir dire questions. 6. Proposed Jury Instructions and Verdict Forms 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 1 and on a separate sheet of paper identifying the name of the requesting party. Each 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. instruction, additions shall be underlined and deletions shall be placed in brackets. If a party modifies a model 7. Trial Memorandum At least one week prior to the trial date, 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. the government must 8. Guilty Plea Memorandum 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. 9. Motions for Downward Departure A motion for downward departure, except a motion filed under § 5K1.1 of the United States Sentencing Guidelines, must be filed two weeks prior to the sentencing date. The motion should include legal and factual support for the proposed departure. A government motion pursuant to § 5K1.1 must be filed at least one week before sentencing. 10. Sentencing Memoranda Judge Slomsky requires the submission of sentencing memoranda by both the The government and the defendant no later than one week before sentencing. 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. If a defendant is responsible for restitution, the government must submit sufficient information in its sentencing memorandum to enable the Court to determine entitlement, 2 the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount. If liability for restitution is joint and several, the government shall itemize the restitution amount for which each defendant is responsible. 3

=== Scheduling and Motion Policies and Procedures ===

UNITED STATES DISTRICT COURT Eastern District of Pennsylvania JUDGE SLOMSKY’S SCHEDULING AND MOTION POLICIES AND PROCEDURES I. Communications with Chambers A. Correspondence 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. 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. Counsel should not send copies of correspondence among and between counsel to the Court. B. Telephone Calls Law clerks may not render advice to counsel and have no authority to grant continuances or to give advice on substantive or procedural matters. Therefore, unless counsel is contacted by a law clerk, counsel should not ordinarily communicate with the law clerks. When a written communication concerning a case cannot timely address a problem, 1 Issues counsel may initiate necessary telephone communications with chambers. appropriately addressed by telephone contact include: scheduling of conferences or proceedings, including pretrial and trial conferences; attendance of witnesses; exhibit handling or arrangements for video replay; and, arrangements for telephone conferences regarding discovery disputes. Telephone inquiries should be directed as appropriate to either one of the following: Courtroom Deputy: Kelly Haggerty - 267-299-7341 [email protected] Contact for matters relating to civil scheduling, case management and general procedures. Counsel are advised to submit current telephone and fax numbers to the Clerk’s Office, the Courtroom Deputy and the Judicial Secretary. C. Faxes Facsimile transmittal of pleadings, motions, other filings or correspondence to chambers is not permitted. D. Electronic Case Filing (“ECF”) and Courtesy Copies 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 is addition, in the unusual case where counsel does not file using ECF or counsel 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. II. Pretrial Procedure A. Rule 16 Conference and Rule 26(f) Meeting A preliminary pretrial conference as described in Fed. R. Civ. P. 16(b) and (c) will be scheduled shortly after a defendant has filed an appearance or pleading. At least three business days prior to the pretrial conference, counsel must file with the Clerk a joint report of the Rule 26(f) meeting with a provisional discovery plan adopted at the conference in the form of the attached sample. 2 The Court relies on counsel's good faith compliance in all respects with Rule 26(f). 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. The meeting should not be viewed as perfunctory but rather as a meaningful and substantive discussion among professionals to formulate the proposed discovery plan required by the Rule. 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. Topics addressed at the initial pretrial conference are those listed in Local Rule of Civil Procedure 16.1(b), Federal Rule of Civil Procedure 16(b) and (c), the progress of self- the executing disclosure under Federal Rule of Civil Procedure 26(a), discovery, preservation and production of electronically stored information, settlement and mediation proposals. A Rule 16 Scheduling Order is issued at the conclusion of the conference. 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. B. Threshold Motions 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. C. Settlement Conferences 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. D. Mediation In addressing settlement or early disposition of the case, counsel are reminded that participation in an early alternative dispute resolution effort is strongly encouraged. Counsel should be familiar with the Court’s mediation program and Local Rule 53.2.1. Counsel are required to explore the feasibility of ADR, including court-annexed mediation, not only between themselves but with their clients as well. The specific reason for any decision not to participate in a form of early ADR shall be delineated in the Rule 26(f) report. 3 E. Pro Hac Vice Motions 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. F. Confidentiality Agreements 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.” III. Discovery The Federal Rules of Civil Procedure call for voluntary, cooperative discovery in a timely manner. 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. Counsel are expected to act in accordance with both the letter and the spirit of the Rules. 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. Counsel will be required to report on the progress of discovery at the Rule 16 conference. 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 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. 4 Electronic Discovery It is expected that the parties will reach an agreement on how to conduct electronic discovery. In the event the parties cannot reach such an agreement before the Rule 16 scheduling conference, the court will enter an order incorporating default standards. The default order can be viewed at www.paed.uscourts.gov. 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. IV. Motions Practice A. Oral Argument Oral argument is not routinely scheduled. A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading. B. Reply Briefs 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. V. Rule 56 Motions 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. 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. Statements of material facts in support of or in opposition to a motion for summary 5 judgment shall include specific and not general references to the parts of the record that support 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. VI. Final Pretrial Conference 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. 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. Sidebar conferences and objections to evidence which should have been anticipated are discouraged and are to be avoided at trial. Consequently, one of the goals of the final pretrial conference, which counsel can expect to last two to four hours, is to resolve all evidentiary issues to avoid delay at trial and to provide counsel with advance notice of evidentiary requirements. Therefore, rulings on all outstanding motions and objections to witnesses and exhibits will be made at the final pretrial conference. Counsel shall be prepared to state their objections to witnesses and exhibits, and to respond to opposing counsel’s objections. It is expected that counsel have discussed and have attempted to resolve all objections to exhibits and testimony prior to the final pretrial conference, leaving for the Court only those objections the parties could not resolve. 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. 6

=== Report of Rule 26(f) Meeting ===

FORM IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA v. CIVIL ACTION NO. : : : : : : REPORT OF RULE 26(f) MEETING In accordance with Federal Rule of Civil Procedure 26(f), counsel for the parties conferred on (date) and submit the following report of their meeting for the court’s consideration: 1. Discussion of Claims, Defenses and Relevant Issues You should assume that the court has read the complaint and is familiar with the claims. However, the facts supporting those claims and defenses are unknown. Therefore, counsel shall set forth concisely the factual background that the parties contend support their claims and defenses. Summarize your discussion of primary issues, threshold issues and those issues on which the parties will need to conduct discovery. Identify what information each party needs in discovery as well as when and why. Also indicate likely motions and their timing. 2. Informal Disclosures State the parties’ agreement on timing, form and scope of Specifically identify not only the informal disclosures. information listed in Rule 26(a)(1), but any additional information the parties agree to disclose informally. Keep in mind that self-executing discovery must not be If the parties have not delayed until the pretrial conference. made the Rule 26(a) initial disclosures within the time required by the Court’s Order scheduling the pretrial conference, they should explain why not. 3. Formal Discovery Indicate nature, sequence and timing of formal discovery, as well as any need to conduct discovery in phases to prepare for the filing of motions or for settlement discussions. Specifically delineate what discovery will be conducted formally. The discovery deadline should normally be no more than 120 - 150 days from the date of the Rule 16 pretrial conference. If the parties believe there are compelling reasons for a longer period of discovery, state them. The parties are required to address procedures to preserve electronically stored information, to avoid inadvertent privilege waivers, and to determine the form in which electronic information will be produced. The cost of producing the information must be discussed. 4. Electronic Discovery It is expected that the parties will reach an agreement on how to conduct electronic discovery. In the event the parties cannot reach such an agreement before the Rule 16 scheduling conference, the court will enter an order incorporating default standards. The default order can be viewed at www.paed.uscourts.gov. 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. 5. Expert Witness Disclosures Indicate agreement on timing and sequence of disclosure of the identity and anticipated testimony of expert witnesses, including whether depositions of experts will be needed. The parties should expect that the court requires expert reports to be exchanged simultaneously. If there are compelling reasons to stagger the production of expert reports, state them. 6. Early Settlement or Resolution The parties must familiarize themselves with Local Rule 53.3 before responding. Recite the parties’ discussion about early resolution through ADR, motion or otherwise explain what steps were taken by counsel to advise the client of alternative dispute resolution options. Explain any decision not to seek early resolution and what mediation options the parties may consider and when mediation would be appropriate. 7. Trial If a date certain is requested, state the reasons. Generally, if requested, a firm trial date will be scheduled. Please provide the estimated length of trial. Please provide a statement whether all parties agree to a referral of this case to a U.S. Magistrate Judge for trial.1 8. Other Matters Indicate discussion and any agreement on matters not addressed above. (Attorney Signature) (Attorney Signature) 1 Magistrate Judges are authorized, with agreement of the parties, to try any civil case, jury or non-jury, with appeals going directly to the Third Circuit.

=== Order Governing Electronic Discovery ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA v. CIVIL ACTION NO. xx--xxxx : : : : : : : ORDER GOVERNING ELECTRONIC DISCOVERY AND NOW, this day of xxxxxxxx, 2009, in anticipation of the Rule 16 conference, it is ORDERED as follows: 1. Introduction. In the event the parties cannot reach an agreement on how to conduct electronic discovery (“e-discovery”) before the Rule 16 scheduling conference, the following default standards shall apply until such time, if ever, the parties conduct e-discovery on a consensual basis. 2. Exchange of e-discovery materials. Prior to the Rule 26(f) conference, the parties shall exchange the following information: a. a list of the most likely custodians of relevant electronic materials, including a brief description of each person’s title and responsibilities; b. a list of each relevant electronic system that has been in place at all relevant times and a general description of each system, including the nature, scope, character, organization, and formats employed in each system. c. the parties should also include other pertinent information about their electronic documents and whether those electronic documents are of limited accessibility, that is, those created or used by electronic media no longer in use, maintained in redundant electronic storage media, or for which retrieval involves substantial cost; d. the name of the individual responsible for the party’s electronic document retention policies (“the retention coordinator”); e. a general description of the party’s electronic document retention policies. liaison;” f. the name of the individual who shall serve as the party’s “e-discovery g. A description of any problems reasonably anticipated to arise in connection with e-discovery. 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. 3. E-discovery conference. 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. 4. E-discovery liaison. 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”). 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 electronic document storage, organization, and format issues; c. d. prepared to participate in e-discovery dispute resolutions; and, responsible for organizing the party’s e-discovery efforts to insure consistency and thoroughness and, generally, to facilitate the e-discovery process. 5. Search methodology. If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose any restrictions as to scope and method which might affect their ability to conduct a complete electronic search of the electronic documents. The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties’ respective systems. The parties also shall reach agreement as to the timing and conditions of any additional searches which may become necessary in the normal course of discovery. To minimize the expense, the parties may consider limiting the scope of the electronic search (e.g., time frames, fields, document types). 6. Timing of e-discovery. Discovery of electronic documents shall proceed in the following sequenced fashion: a. after receiving requests for document production, the parties shall search their documents, other than those identified as limited accessibility electronic documents, and produce responsive electronic documents, all in accordance with FED. R. CIV. P. 26(B)(2); b. electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed; c. requests for information expected to be found in limited accessibility documents must be narrowly focused with a factual basis supporting the request; and, d. on-site inspections of electronic media under FED. R. CIV. P. 34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated. 7. Format. If, during the course of the Rule 26(f) conference, the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF). When the image file is produced, the producing party must preserve the integrity of the electronic document’s contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history. After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format. 8. Retention. Within the first thirty (30) days of discovery, the parties shall negotiate an agreement that outlines the steps each party shall take to segregate and preserve the integrity of all relevant electronic documents. In order to avoid later accusations of spoliation, a FED. R. CIV. P. 30(b)(6) deposition of each party’s retention coordinator may be appropriate. The retention coordinators shall: a. take steps to ensure that e-mail of identified custodians shall not be permanently deleted in the ordinary course of business and that electronic documents maintained by the individual custodians shall not be altered; b. provide notice as to the criteria used for spam and/or virus filtering of e-mails and attachments; Documents filtered out by such systems shall be deemed non- responsive so long as the criteria underlying the filtering are reasonable. Within seven (7) days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party’s counsel shall file a statement of compliance. 9. Privilege. Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production. All copies shall be returned or destroyed by the receiving party. 10. Costs. Generally, the costs of discovery shall be borne by each party. However, the court will apportion the costs of electronic discovery upon a showing of good cause. JOEL H. SLOMSKY, J.

=== Form - Speedy Trial Act Acknowledgment of Rights ===

FORM UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA Criminal No. ______________ vs. _____________________________ I, _____________________________(Defendant), have consulted with my counsel concerning my right under the Speedy Trial Act and my right to a speedy trial under the Sixth Amendment to the U.S. Constitution. I do not oppose a continuance of my trial, now scheduled for _____________________, 20___ and the Hearing on Motions Scheduled for _____________________, 20___, and agree that the ends of justice served by a continuance outweigh the best interest of the public and myself in a speedy trial. I understand that the time between the filing of a Motion to continue and the new trial date to be set by the Court will be excluded for purposes of computing the time within which my trial must commence under the Speedy Trial Act, and I also agree that this delay will not deprive me of my speedy trial rights under the Sixth Amendment. I understand that if I do not wish to sign this document, the Court will hold a hearing at which I will be present. ______________________________ Witness Signature ____________________________ Defendant Signature ____________________________ Date

=== Request for Advance Authorization for Investigative, Expert or Other Services ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA XXXXXX v. XXXXXX Plaintiff, Defendant. CRIMINAL NO. XX-XXX Request for Advance Authorization for Investigative, Expert or Other Services TO: Chief Judge (or Delegate) __________________________ United States Court of Appeals for the Third Circuit DATE: ___________________________ FROM: ___________________________ SUBJECT: Advance Authorization for Investigative, Expert, or Other Services It is requested that advance authorization be granted to obtain services in an amount in excess of the maximum allowed under the provisions of subsection (e)(3) of the Criminal Justice Act, 18 U.S.C ' 3006A, as follows: Case Name & Designation _______________________________ Attorney Name ________________________________________ Name of Expert or Investigator or Service Provider ____________________________________ Address ______________________________________________________________________ 1 Type of Service ________________________________________________________________ Reason for Application _________________________________________________________ ______________________________________________________________________________ Estimated Compensation $____________________ I certify that the estimated compensation in excess of the maximum set forth in 18 U.S.C. ' 3006A(e)(3) appears necessary to provide fair compensation for services of an unusual character or duration and therefore recommend approval of this advance authorization in the amount of $____________________. _______________________________ UNITED STATES DISTRICT JUDGE __________________ DATE Advance authorization is hereby approved in the amount of $____________________. ________________________________________________ CHIEF JUDGE, UNITED STATES COURT OF APPEALS (OR DELEGATE) __________________ DATE 2