Policies and Procedures; Report of Rule 26(f) Meeting (pdf version); Order Governing Electronic Discovery; Speedy Trial Waiver Form; Status Report Form; Standing Order Re Artificial Intelligence; Voir Dire Template (pdf version)

Hon. Kai N. Scott · U.S. District Court for the Eastern District of Pennsylvania

Role: Judge

Bluebook Citation: Hon. Kai N. Scott, Policies and Procedures; Report of Rule 26(f) Meeting (pdf version); Order Governing Electronic Discovery; Speedy Trial Waiver Form; Status Report Form; Standing Order Re Artificial Intelligence; Voir Dire Template (pdf version), U.S. District Court for the Eastern District of Pennsylvania

Judge Profile: Hon. Kai N. Scott profile and standing orders

=== Policies and Procedures ===

Effective Date: May 2026 POLICIES AND PROCEDURES JUDGE KAI N. SCOTT United States District Court for the Eastern District of Pennsylvania James A. Byrne United States Courthouse Courtroom 13B 601 Market Street, Room 5614 Philadelphia, Pennsylvania 19106 (267) 299-7590 [email protected] I. COMMUNICATIONS WITH CHAMBERS A. GENERAL INQUIRIES Email is the preferred method of communication. All general inquiries, including questions about these policies, may be emailed to [email protected]. Telephone calls should be directed as follows: Judicial Assistant: Courtroom Deputy: (267) 299-7590 Tayai Lester [email protected] Contact about civil scheduling, case management, events, and general procedures. (267) 299-7598 Sue Flaherty [email protected] Contact about all criminal matters, trial setup, courtroom logistics, and courtroom procedures. Faxes and regular mail are strongly discouraged. B. CASE COMMUNICATIONS Communications regarding cases must be made through filing a pleading, motion, or application through Electronic Case Filing (ECF) whenever possible. Email correspondence regarding cases is permitted in the following situations: • To advise the Court of unanticipated schedule changes (less than seven (7) business days in advance of a deadline) or schedule changes due to personal or medical issues that counsel does not wish to file on the docket. • To promptly advise the Court that a case has been settled. Court staff have no authority to give advice on substantive or procedural matters. 1 C. PRO SE COMMUNICATIONS All pro se communications must be sent to the clerks’ office to be docketed. Pro se litigants may not contact Judge Scott or her chambers directly. D. INTERNSHIP AND CLERKSHIP APPLICANTS Judge Scott’s highly preferred method for receiving clerkship applications and internship applications email email. [email protected] with the appropriate materials, including a cover letter, resume, law school transcript, and writing sample. At least two letters of recommendation may be sent separately to the same email address. Applicants through should is II. OTHER GENERAL POLICIES A. MAGISTRATE JUDGE [To be updated pending assignment of new Magistrate Judge] B. FORMAT OF FILINGS 1. General Formatting All filings must be filed electronically through ECF in compliance with federal and local rules and must be filed as searchable PDFs. All writings submitted to Judge Scott’s chambers must be in 12-point font and generally must be double-spaced and have 1-to-1.5-inch, justified margins. (The Rule 26(f) report, single-page motions or requests, and proposed orders may be single-spaced.) Any briefing exceeding twenty (25) pages must include a table of contents. 2. Use of Artificial Intelligence (“AI”) If any attorney for a party, or a pro se party, has used Artificial Intelligence (“AI”) in the preparation of any complaint, answer, motion, brief, or other paper, filed with the Court, and assigned to Judge Kai N. Scott, MUST, in a clear and plain factual statement, disclose that AI has been used in any way in the preparation of the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been verified as accurate. 3. Courtesy Copies A courtesy copy must be submitted only if (1) there are large attachments to a motion or (2) a document is filed under seal. A filing has large attachments if the appendices or exhibits attached 2 to the filing exceed 50 pages or there are five (5) or more exhibits. The courtesy copy of a filing with large attachments must be submitted to Judge Scott’s Chambers as a binder with tabbed exhibits and an exhibit index. Additionally, parties must submit copies of trial exhibits prior to the day voir dire begins, as specified in Part III.F.2. C. PRO HAC VICE MOTIONS AND LOCAL COUNSEL Local counsel must file a motion for pro hac vice admission of another attorney. The motion must specify (1) the attorney’s admissions, (2) why the party desires that attorney to participate in litigation, and (3) why that attorney is particularly qualified to represent the party. Additionally, counsel must comply with instructions in the Clerk’s Office forms (available on the Court’s website https://www.paed.uscourts.gov/sites/paed/files/documents/forms/app_x.pdf). III. CIVIL PRETRIAL PROCEDURE A. RULE 26(F) MEETING AND REPORT Parties are required to meet and confer to complete a Rule 26(f) report jointly. Parties may meet in person or through video conference; email correspondence is insufficient. The Rule 26(f) meeting should include a meaningful discussion of the parties’ settlement positions, factual and legal positions, and the proposed discovery plan. Parties must fill out the Rule 26(f) form available on Judge Scott’s Court webpage (https://www.paed.uscourts.gov/judges-info/district-court-judges/kai-n-scott). The parties may attach any supplemental information desired to this form; the form is a minimum requirement. Parties are encouraged to attach any key documents for the Court’s review ahead of the Rule 16 conference (e.g., a disputed contract). The parties are expected to meet at least fourteen (14) business days before the Rule 16 Conference. The Rule 26(f) report must be submitted no later than (7) business days before the Rule 16 conference. Parties are also expected to submit all possible threshold motions no later than (7) business days before the Rule 16 conference, including any motions to dismiss, transfer, or add parties. Flawed or incomplete submissions will be returned to counsel for revision and resubmission. A party that fails to participate in good faith in the Rule 26(f) meeting, report, or revision requests will have no voice at the initial Rule 16 conference. B. RULE 16 CONFERENCE Judge Scott holds Rule 16 Pretrial Conferences in person at Chambers. A Rule 16 conference will be scheduled shortly after the answer is filed, or in rare instances, while a motion to dismiss or other preliminary motion is pending. If a Rule 16 conference has not been scheduled within a reasonable time following the filing of the answer, counsel should email Judge Scott’s Chambers to request a conference. 3 Lead counsel must attend the Rule 16 conference. If the attorneys in attendance do not have full authority to negotiate a case’s settlement, then the client or a representative who can authorize settlement must be available by telephone for the entirety of the Rule 16 conference. Parties must attend the Rule 16 conference ready to discuss (1) discovery progress, (2) all claims, defenses, and relief sought, (3) filed and anticipated motions, (4) key factual disputes, (5) the likelihood of settlement, and (6) the case schedule. Judge Scott may request argument on pending motions at the Rule 16 conference. A scheduling order will be issued after the conclusion of the Rule 16 conference. Thus, all Rule 16 conference participants must come to the conference ready to set the case’s schedule, and any counsel that does not attend the Rule 16 conference must submit their schedule to co-counsel. C. DISCOVERY The parties must begin discovery upon receipt of notice of the Rule 16 conference. Pending motions do not excuse counsel from proceeding with discovery. Judge Scott expects parties to exercise civility and common sense to attempt to resolve discovery disputes on their own. If an unresolvable discovery dispute arises, the aggrieved party must file the following: • A motion that (1) complies with Local Civil Rule 26.1(f) by certifying that the parties, after reasonable effort, are unable to resolve the dispute, and (2) specifies whether the parties request a telephone conference with Judge Scott to resolve the matter; • A proposed order; and • A brief of up to five (5) pages that (1) outlines the efforts the parties have made to resolve the dispute and (2) cites any applicable legal authority. Judge Scott will promptly review the motion and either issue a decision, schedule a phone conference, or order responsive briefing. Judge Scott routinely acts upon filed discovery motions without waiting for a response or scheduling a telephone conference. Parties are encouraged to call Chambers when an unresolvable discovery dispute arises; if Judge Scott is available, she may resolve the dispute. D. SEALED AND REDACTED DOCUMENTS Parties are not permitted to file documents under seal without leave of the Court, unless an emergency arises. Judge Scott will permit parties to file documents under seal or with redactions only after a showing of good cause or presentation of an enforceable private confidentiality agreement contracted prior to litigation. Parties cannot stipulate to sealing documents to avoid showing good cause. See In re Avandia Mktg., Sales Pracs. & Prods. Liab. Litig., 924 F.3d 662, 672-73 (3d Cir. 2019) (balancing multiple factors to assess whether good cause warranted sealing documents from public view), and Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786-87 (3d Cir. 1994) (same). 4 All proposed sealing orders must contain language to this effect: “The Court reserves its inherent power to modify the terms of this Order and permit the disclosure of information in the interest of justice.” If the Court orders that a document be filed under seal, a redacted copy of the document must be filed within 14 days, unless the Court’s order specifies otherwise, or redaction would render the document unreadable. Attorneys of record may request copies of sealed documents by filing a motion with the Court. Copies of sealed documents will be provided upon entry of an order granting such a motion. E. MOTIONS PRACTICE AND ORAL ARGUMENT 1. Page Limits & Reply Restrictions Any dispositive motion and its supporting memorandum of law must not exceed twenty (25) pages. If a filing exceeds these page limits due only to the size of pictures or charts embedded within the filing, then the party may file the oversize brief and must certify that that is why the brief is oversize. Otherwise, parties must seek leave from the Court to file an oversize brief at least three (3) business days prior to a filing deadline. One reply brief may be filed within fourteen (14) business days of service of the opponent’s brief in opposition; parties must seek leave from the Court to file any additional supplemental briefings, and Judge Scott rarely grants such requests. Reply or supplemental briefings must not exceed ten (10) pages and may not simply repeat arguments already made. Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position. 2. Oral Argument Parties may request oral argument in their motions. Judge Scott will grant requests for oral argument only if oral argument would illuminate any aspect of the pleadings or briefs. Judge Scott strongly encourages counsel to consider including junior attorneys for portions of oral argument where appropriate. Counsel intending to present physical exhibits during oral argument shall bring two (2) copies of each exhibit for Judge Scott. 3. Motions to Continue & Prohibition on Stipulations Continuance requests for motions and discovery deadlines, hearings, and trial must be filed in the form of a motion and must include a proposed order. Joint continuance requests must be filed as an unopposed motion. If a party files an opposed motion for a continuance, all other parties have three (3) business days to file an opposition, which must state the reasons for the opposition. 5 Judge Scott will generally grant joint discovery continuance requests if (1) they do not alter key motions deadlines or trial dates, and (2) they are made at least seven (7) business days before the scheduled deadline. Judge Scott seldom grants continuances that will alter (1) motion deadlines in which oral argument has been scheduled or (2) trial dates. Such continuance requests must be made at least fourteen (14) business days before the applicable deadline or trial date, and they must provide good cause. Judge Scott no longer permits changes to operative deadlines to be filed as joint stipulations. All parties filing joint stipulations will be instructed to refile the request as a joint, unopposed motion. 4. Injunctions & Motions for Temporary Restraining Order Judge Scott attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service, unless there is risk of extraordinary imminent harm a hearing will be held. Judge Scott usually handles filed motions for expedited discovery at the initial conference or hearing. Judge Scott expects a party seeking pretrial injunctive relief to be prepared to imminently move to a hearing within a month. If not ready for an imminent hearing, the party may seek expedited discovery and Judge Scott will then set the pretrial injunction hearing. 5. Threshold Motions Threshold motions (e.g., motions to dismiss, transfer, or substitute parties) should be filed at least seven (7) days before the Rule 16 conference. Parties may be asked to address the merits of these motions at the Rule 16 conference, even if they are not fully briefed at that time. 6. Rule 56 Motions for Summary Judgment A statement of facts must accompany a moving party’s motion for summary judgment. The parties may jointly file a statement of stipulated material facts. Alternatively, the moving party may file proposed undisputed material facts. Regardless of which option the parties choose, the moving party must file that initial statement of material facts as a separate document with the moving party’s Rule 56 motion. Each fact must be in a separately numbered paragraph and accompanied by pinpoint citations that cite not only the relevant exhibit, but the relevant page and line number of that exhibit. Unless the parties file joint stipulated material facts, the nonmoving party must respond to each numbered material fact by either (1) stating that the fact is undisputed, (2) explaining exactly how it is disputed and providing appropriate citations, or (3) explaining why the fact is immaterial to resolution of any claim with appropriate citations. The nonmoving party may also provide additional undisputed material facts; the movant may respond to these facts in kind in a document separate from any reply brief. These factual statements must be brief and nonargumentative and cannot be used to evade page-limit requirements for briefs; factual statements do not count towards the 25-page limit for briefing unless there are substantial argumentative passages. 6 Parties are encouraged to submit a joint appendix with the moving party’s briefings. If that is not practical, then the parties may file separate appendices, with the following restrictions: (1) the moving party must submit documents in their full relevant context rather than excerpts of documents, and (2) the responding party must cite to the moving party’s appendix wherever possible and is encouraged to mark exhibits as a continuation of the moving party’s appendix pages or exhibit numbers. If there are any evidentiary issues that may be key to the resolution of a motion for summary judgment, parties may file motions to preclude such evidence as separate motions at the same time as their motion or response. Judge Scott may consider the evidentiary motion jointly with the motion for summary judgment, or she may hold the motion under advisement until the case approaches trial. 7. Amended Pleadings or Briefings Parties are encouraged to promptly correct any material misstatements of fact or law. Parties may amend pleadings once pursuant to Federal Rule of Civil Procedure 15. Additional amendments require leave of the Court. Amended pleadings must clearly indicate the additions or corrections made through comments, track changes, or both (the party may file both a clean copy and a copy with track changes). Parties may also advise the Court of their own misunderstandings of the law, if necessary, by filing a supplemental briefing. The supplemental briefing does not need to repeat the entire argument but must clearly reference the misstated point of law. 8. Daubert Motion and Hearing Daubert motions must be filed as soon as practicable, but no later than seven (7) days before a scheduled final pretrial conference. If a party’s motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. 9. Motions in limine Motions in limine must be filed before trial to reduce the number of sidebar discussions required. Complex motions must be filed at least seven (7) business days before the final pretrial conference. If motions cannot be resolved at that conference, they will be heard on a specific date or before a witness is called. Judge Scott may refuse to hear any untimely motion or sidebar objection that disrupts trial and could have been anticipated as a motion in limine. F. FINAL PRETRIAL CONFERENCE AND PRETRIAL PREPARATION Judge Scott generally holds a final pretrial conference seven (7) days before a trial, but the conference may be held earlier, if jointly requested by the parties. At the final pretrial conference, parties should be prepared to discuss all outstanding motions and any unresolvable disputes regarding evidence or witnesses. Parties will also update the Court on any scheduling issues and any efforts made to settle the case. 7 1. Pretrial Memoranda Pretrial memoranda must be submitted at least (7) business days prior to the final pretrial conference and must include the following: • A list of witnesses and the substance of each witness’s testimony. • All expert witnesses’ reports and CVs, if not previously submitted. • A list and brief description of any motions in limine. • Notice of any depositions (written or video) that the party intends to use at trial. • Any objections to witnesses and exhibits that the parties have been unable to resolve. Wherever applicable, the objecting party must identify the page of an exhibit and page and line number of a deposition that the party objects to and state the basis of the objection. • A list of any joint stipulations that the parties plan to enter at trial. • Proposed joint questions for voir dire. See infra Part V.A. • Proposed joint jury instructions and verdict forms. See infra Part V.F. 2. Trial Exhibits Prior to voir dire, counsel must submit: • Two full sets of exhibits that are organized in a tabbed binder with all exhibits numbered consecutively (not separately numbered by party). • One additional set of exhibits that are not hole punched or marked with anything besides exhibit numbers, which may be presented to witnesses and jurors. IV. CRIMINAL CASES All communications regarding criminal matters should be directed to the Courtroom Deputy, Sue Flaherty. Once a defendant has an initial appearance and/or arraignment on an indictment, counsel for the Government and Defendant(s) are required to attend a scheduling conference within fifty (50) days of the initial appearance/arraignment. A. TRIAL CONTINUANCES IN CRIMINAL MATTERS Any request for a continuance must be filed no later than fourteen (14) days in advance of the scheduled hearing date. Requests for a continuance must be filed as a motion stating the reasons for the request and the length of the continuance not to exceed 120 days. Any such motion must be accompanied by a speedy trial waiver consent form (found on Judge Scott’s Court website) signed by the defendant(s) and defendant(s) attorney(s), together with proposed form order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed finding explaining in reasonable detail why the ends of justice served by granting the 8 requested continuance outweigh the best interest of the public and the defendant in a speedy trial. Continuances are strongly discouraged, and, if multiple continuances are sought, counsel may be required to appear in person to argue the matter. B. GUILTY PLEAS Before a defendant offers a guilty plea, counsel for the Government must complete the guilty plea memorandum, guilty plea agreement, acknowledgement of rights, and a sealed supplemental, and counsel for the defendant must review those documents with the defendant. Counsel must also provide copies of those documents to Judge Scott at least three (3) business days prior to the plea hearing. A sealed sidebar will be held during the plea hearing to place the contents of the sealed supplemental on the record. The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere. The guilty plea agreement also must disclose to the defendant and Judge Scott whether the plea is entered under Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C), relating to the obligation of the United States regarding other charges under subsection (A), a non-binding sentencing recommendation under subsection (B), or a binding sentencing recommendation under subsection (C). In addition, the plea agreement must inform the defendant and remind Judge Scott, under Rule 11(c)(3)(B), the defendant has no right to withdraw the plea if Judge Scott does not follow the recommendation or request if the plea is entered under Rule 11(c)(1)(B). The United States must submit a guilty plea memorandum at least three (3) business 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. The change of plea memorandum shall be provided in Microsoft Word Format by email to [email protected]. If an agreement has been reached to request Judge Scott set an expedited sentencing, the United States must notify Chambers and the probation office at least seven (7) business days prior to the change of plea hearing. C. SENTENCING Sentencing will be scheduled on the day Judge Scott accepts a defendant’s guilty plea or after a defendant is convicted at trial. Sentencing will generally occur approximately one hundred (100) days after a guilty plea or trial. Sentencing will be continued for good cause only. To avoid delay in sentencing, all objections to the Presentence Investigation Report must be sent to the probation officer in advance of sentencing. In no event shall counsel raise objections for the first time in a sentencing memorandum. Counsel must file sentencing motions and supporting memoranda at least seven (7) business days prior to the scheduled sentencing date, and any response thereto must be filed at least three (3) business days prior to the scheduled sentencing date. The memorandum must set forth any legal 9 authority relied upon by the party. No replies may be filed without leave. Counsel shall serve a copy on the United States Probation Office. Counsel shall provide all character letters and names of witnesses by email at least seven (7) business days before sentencing to [email protected]. If a defendant may be responsible for restitution, the United States must submit sufficient information in its sentencing memorandum to enable Judge Scott to determine entitlement, 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 United States shall itemize the restitution amount for which each defendant may be responsible. Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered by email to [email protected]. V. COURTROOM AND TRIAL PROCEDURES A. VOIR DIRE The parties must submit joint proposed voir dire questions at least seven (7) business days before the final pretrial conference. Parties are encouraged to prepare joint questions wherever possible. Parties are directed to submit the joint voir dire questions to Chambers in the Microsoft Word format to [email protected]. Judge Scott will advise parties of approved lines of questioning before voir dire begins. Attorneys may briefly introduce themselves during group voir dire but are not permitted to address questions to the entire panel. After Judge Scott concludes her questioning of each individual venireperson, counsel may ask the venireperson any pre-approved questions and relevant follow- up questions. B. OBJECTIONS Objections must be made by reciting the appropriate rule number or a word or brief phrase; attorneys cannot argue the basis for objections unless the Court requests argument. C. TRIAL SCHEDULING AND SIDEBAR DISCUSSIONS Counsel are expected to meet each morning before trial begins to discuss the general order in which witnesses will be called and evidence will be presented. Counsel must inform the Court of the anticipated order. If any evidentiary disputes arise that counsel cannot resolve amongst themselves, counsel must advise the Courtroom Deputy either in the morning before trial resumes or during a break when the jury is not present. Sidebar discussions are permitted only in unanticipated, time-sensitive situations that cannot be resolved during a break. Sidebar discussions are on the record (unless otherwise ordered) but will be sealed. 10 D. WITNESSES A list of witnesses must be provided to the Courtroom Deputy, Sue Flaherty via email within two (2) business day prior to trial. Only one attorney for each party may examine a single witness or provide oral argument for the same legal point. Parties may question their own witnesses out of turn. E. OFFERING EXHIBITS INTO EVIDENCE Exhibits are admitted into evidence at the time of use during examining. At that time, parties may also request to publish the exhibits in question to the jury. Judge Scott permits an exhibit to be published during a witness’s testimony only if (1) the moving party seeks permission to do so before the witness takes the stand, and (2) the exhibit is necessary to explain a witness’s testimony. At the conclusion of trial, counsel shall submit a list of their admitted exhibits to the Court via ECF filing. F. JOINT PROPOSED JURY INSTRUCTIONS AND VERDICT FORMS Counsel must submit a joint proposed set of jury instructions and verdict forms with any special interrogatories prior to the final pretrial conference. Instructions must cite legal authority. If a model jury instruction is used, the parties must submit a copy of the model instruction, and the proposed instruction must note any modifications made to the model instruction (use bold font and footnotes as needed to emphasize changes). If the parties cannot agree on a specific instruction, they may propose alternative instructions and cite any relevant authority for the proposed language. Submitting a joint jury instruction does not constitute waiver of an objection—it merely agrees to the language used if that instruction must be given. Thus, counsel should err on the side of proposing some instructions on a contingency basis rather than requesting additional instructions during trial. Counsel may separately submit objections to instructions or notify the Court of that party’s position on the circumstances in which the instruction would be warranted. Counsel may request additional unanticipated jury instructions by emailing the Court and all parties during the same day or night that the basis for the instruction arose. If the request arises on the day that the Court plans to charge the jury, the party must immediately notify the Courtroom Deputy by passing a note or requesting a sidebar discussion. G. TRIAL TRANSCRIPTS Should a party wish to order daily and/or expedited transcripts, please contact the Transcript Department in the Clerk’s Office. Advanced notice of the intention to order expedited transcripts is required. 11 H. JURY DELIBERATIONS Judge Scott may permit jurors to take notes. After the jury retires to deliberate, counsel will review the exhibits to determine which exhibits will be provided to the jury. The Court will promptly settle any disputes that arise. Judge Scott provides the jury with a copy of the complete written jury instructions that were read to the jury. Counsel must be able to return to the courtroom within fifteen (15) minutes during jury deliberations. Judge Scott will poll the jury only if counsel requests it. After the jury is discharged, the Court will ask counsel whether counsel wishes to speak with jurors. If so, Judge Scott and counsel will speak to the jurors only with the jurors’ consent; jurors are instructed that they do not need to speak with counsel or anyone else about their deliberations. For any civil or criminal litigation issues not addressed above, please consult the Local Rules of Civil and Criminal Procedure for the Eastern District of Pennsylvania, available at http://www.paed.uscourts.gov 12

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

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NAME Plaintiff(s) v. NAME Defendant(s) : : : : CIVIL NO. : : : REPORT OF RULE 26(f) MEETING In accordance with Federal Rule of Civil Procedure 26(f) and this Court’s Order Scheduling Hearing, counsel for the parties conferred and submit the following report of their meeting for the court’s consideration: I. Basic Information Names of counsel for Plaintiff(s) who will participate in the Rule 16 Conference: Names of counsel for Defendant(s) who will participate in the Rule 16 Conference: For each party, does counsel have full authority to settle this case at the Rule 16 Conference? If not, list name(s) of any client or proxy with such authority who will either attend the conference or remain on call during the conference: Date parties held the Rule 26(f) Conference: Please check off all that apply: [ ] Jury Trial Requested [ ] Non-Jury Trial Requested [ ] Magistrate referral requested [ ] Arbitration 1 II. Discussion of Claims, Defenses, Relevant Issues, and Likely Motions Please specify the basis for federal jurisdiction in this case, and discuss whether the parties contest jurisdiction or venue. Briefly summarize the central claims and defenses—you can assume that the court is familiar with the pleadings. Importantly, parties should outline facts and issues necessary to understanding potential motions or discovery issues. Parties should also attach critical documents to this report for the court to review ahead of the Rule 16 Conference. A. Jurisdiction and Venue Basis of jurisdiction: Do the parties contest subject matter jurisdiction, personal jurisdiction, or venue? B. Claims C. Relief Requested and Amount in Controversy D. Defenses E. Amending Pleadings Do the parties need a deadline to amend pleadings to add claims or additional parties? If so, propose the earliest practicable filing date. F. Anticipated Motions List all threshold motions, dispositive motions, or motions related to experts (e.g., Daubert motions) that each party has already filed or plans to file. For each motion, specify (1) the applicable Rule that forms the basis for the motion, and (2) summarize the issue. Proposed timeline for filing dispositive motions: 2 III. Discovery A. Informal Disclosure Will initial disclosures listed in Rule 26(a)(1) be complete before the Rule 16 Conference? If not, list what is outstanding, and explain why: Have the parties formed any other agreements as to timing, form, and scope of informal disclosures not required in Rule 26(a)(1)? B. Formal Discovery The parties anticipate that discovery should be completed within ______ days of the Rule 16 Conference. If the parties anticipate a discovery period exceeding 90 days past the Rule 16 conference date, please explain why: Do the parties need to conduct discovery in phases to prepare for the filing of motions or for settlement discussions? If so, please propose deadlines for phases and what will be due at each phase: Does either side anticipate the use of experts? If yes, what is the proposed deadline for expert discovery?1 Do the parties expect that they will need to depose any expert witnesses? Normally, the court expects all expert reports to be submitted simultaneously. If the parties propose to stagger the production of expert reports, please explain why: 1 Note that Judge Scott’s policies and procedures require that parties file all expert reports and CVs at least seven (7) days before a final pretrial conference. 3 Note that Judge Scott expects that the parties will reach an agreement on how to conduct electronic discovery. If the parties cannot reach an agreement before the Rule 16 scheduling conference, the court will enter an order incorporating default standards. The default order can be viewed at Judge Scott’s Judge’s Info webpage (link). The parties shall discuss the parameters of their anticipated e-discovery at the Rule 26(f) conference, and parties must come to the Rule 16 conference prepared to address e-discovery. Please identify any other anticipated discovery issues that should be addressed at the Rule 16 Conference, including: • claims of privilege or of protection as trial-preparation material, as required by Rule 26(f)(3)(D); limitations on discovery or protective orders needed; and • • any disputes regarding electronic discovery or agreements regarding electronic discovery that deviate from the court’s standard order. IV. Settlement or Early Resolution The parties must familiarize themselves with Local Rule 53.3 before responding. What is the outcome of the parties’ discussions about early resolution through alternative dispute resolution (ADR) or mediation? What is the outcome of the parties’ discussions about proceeding before a Magistrate Judge for final disposition?2 Is a settlement conference likely to be helpful? V. Trial Date A firm date will be scheduled at or shortly after the pre-trial conference. Please either list below or come to the Rule 16 Conference ready with any dates in the three (3) to nine (9) months following the Rule 16 Conference date that present irreversible scheduling conflicts for counsel or the parties. Irreversible scheduling conflicts include pre-paid vacation and planned medical or family leave. 2 Magistrate Judges are authorized, with agreement of the parties, to try any civil case, jury or non-jury, with appeals filed directly with the Court of Appeals. 4 VI. Other Matters Discuss any other matters not addressed above that parties would like to discuss at the Rule 16 Conference. ______________________________ (Attorney Signature) ______________________________ (Attorney Signature) 5

=== Order Governing Electronic Discovery ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Plaintiff v. Defendant CIVIL ACTION NO. : : : : : : : ORDER GOVERNING ELECTRONIC DISCOVERY AND NOW, this day of , 20__, following a pretrial conference, it is hereby ORDERED that the following default standards shall apply until such time, if ever, the parties conduct e-discovery on a consensual basis: 1. Exchange of e-discovery materials: Prior to , 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; f. The name of the individual who shall serve as the party’s “e- discovery liaison;” g. A description of any problems reasonably anticipated to arise in connection with e-discovery. 2. E-discovery liaison: No later than , 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 2 consistency and thoroughness and, generally, to facilitate the e-discovery process. 3. Search methodology: If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose, within thirty days, any restrictions as to the scope and the 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). 4. 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 in accordance with Rule 26(b)(2) of the Federal Rules of Civil Procedure; b. Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed; 3 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 Rule 34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated. 5. Format: If 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. 6. Retention: 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 Rule 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 4 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 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. 7. 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. 8. 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. BY THE COURT: SCOTT, KAI N., J. 5

=== Speedy Trial Waiver Form ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA v. NAME Reg. No. : : : CRIMINAL NO. : : : SPEEDY TRIAL WAIVER , defendant, have consulted with my counsel I, 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 am requesting a continuance of my trial. I agree that the ends of justice served by a continuance outweigh the best interest of the public and myself in a speedy trial. I also agree that the delay by the continuance will not deprive me of my speedy trial rights under the Sixth Amendment. Attorney for Defendant Defendant Date: Date:

=== Status Report Form ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Plaintiff, v. Defendant. : : : : : : : CIVIL ACTION NO. STATUS REPORT 1. Is the case ready for trial? If not, why not? 2. What discovery has been completed and what remains to be done? 3. Will the parties benefit from a settlement conference? If so, when will you be ready? 4. Do the parties consent to the jurisdiction of a magistrate judge?

=== Standing Order Re Artificial Intelligence ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STANDING ORDER RE: ARTIFICIAL INTELLIGENCE IN CASES ASSIGNED TO JUDGE SCOTT If any attorney for a party, or a pro se party, has used generative Artificial Intelligence (“AI”)—including but not limited to ChatGPT, Gemini, Claude, or any other program that uses machine learning to create new content—in a citation of any legal authority filed with the Court, and assigned to Judge Kai N. Scott, then they MUST, in a clear and plain factual statement, disclose that generative AI has been used to assist with the citation of legal authority, disclose what specific generative AI program was used, and CERTIFY that each and every citation of legal authority has been verified as accurate. DATED: 03/03/2025 BY THE COURT: HON. KAI N. SCOTT, United States District Court Judge

=== Voir Dire Template (pdf version) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GOVERNMENT/PLAINTIFF v. DEFENDANT : : : Lead Counsel: CASE NO. 2:26CV12345 Lead Counsel: JOINT PROPOSED VOIR DIRE 1. Counsel shall list general and background questions first to identify potential conflicts, biases, or hardships. The Court strongly encourages counsel to tailor their proposed questions so that they are brief, clear, and concise, thereby minimizing juror confusion and facilitating an efficient voir dire process. Juror 1 2 3 4 5 Juror 6 7 8 9 10 Juror 11 12 13 14 15 Juror 16 17 18 19 20 Juror 21 22 23 24 25 Juror 26 27 28 29 30 Juror 31 32 33 34 35 Juror 36 37 38 39 40 2. Case specific questions? i.e. “list of witnesses”. List follow up question for individual voir dire. a. A. B. John Hitchcock John Doe Do any of you know personally, or have dealings with, any of these people or their families? Dr. Spock C. Juror 1 2 3 4 5 Juror 6 7 8 9 10 Juror 11 12 13 14 15 Juror 16 17 18 19 20 Juror 26 27 28 29 30 Juror 31 32 33 34 35 Juror 36 37 38 39 40 Juror 21 22 23 24 25 1 3. Open-ended bias & core belief questions. Juror 1 2 3 4 5 Juror 6 7 8 9 10 Juror 21 22 23 24 25 4. Should there be any disagreements, please identify and submit the in this Juror 31 32 33 34 35 Juror 26 27 28 29 30 Juror 16 17 18 19 20 Juror 11 12 13 14 15 Juror 36 37 38 39 40 form: Government/Plaintiff’s proposed question: Did Jack and Jill go up the hill? Defendant’s proposed question: Did Jill and Jack go up the hill? FINAL: Did they go up the hill? 2

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