Limits & Logistics
Document Limits
Courtesy Copies
Appellate Brief
Filings > 20 pages
- 1 copy
- 1 copy • By Summary Due Date
Motion Papers
- 1 copy • Email
Adjournments
- Counsel are expected to comply with Rule 16 Order dates; an extension may be entertained on a good-cause showing that unexpected circumstances hampered case progress, and the request must be made by letter brief.
- Additional discovery time will be allowed in complex cases or upon a specific showing of need.
Request must include
- Due to the large number of cases scheduled for settlement conferences, any need to reschedule the conference could cause a delay of that conference for several weeks. For this reason, any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference. Continuance requests will only be granted for the most compelling reasons.
Communication
Chambers
Chambers
Phone
Chambers
Page & Word Limits3 rules
Memoranda must not exceed twenty-five (25) pages in length (excluding table of contents and appendices), must be double spaced and must use 12-point font.
- Memorandum
- Up to 25 pages
Excluded from page count
- •Table of contents
- •Appendices
Judge Toplin will permit reply briefs not to exceed fifteen (15) pages.
- Reply brief
- Up to 15 pages
The summary should not exceed five (5) pages, excluding attachments.
- Page limit
- Up to 5 pages
Excluded from page count
- •Attachments
Document Format Requirements6 rules
Unless a separate order provides otherwise, pretrial memoranda must use the specified short form.
Court's wording
Unless specifically provided for by a separate order, Judge Toplin will require the use of the short form pretrial memorandum described in Rule 16.1(c) of the Local Rules of Civil Procedure for the Eastern District of Pennsylvania.
Memoranda must not exceed twenty-five (25) pages in length (excluding table of contents and appendices), must be double spaced and must use 12-point font.
- Font size
- 12 points
- Line spacing
- Double
- Memorandum
Judge Toplin sometimes permits letter motions in lieu of formal motions.
Formatting
- •The Court sometimes permits letter motions in lieu of formal motions
Motions for Judgment as a Matter of Law or Motions for Judgment on Partial Findings in non-jury trials may be submitted in writing or orally.
Judge Toplin prefers use of the Third Circuit Model Jury Instructions whenever possible.
Counsel is encouraged, however, to provide the Court with only the essential and relevant portions of bulky exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.
Document Filing Requirements22 rules
Counsel must complete and submit an Attorney Admission Application (Pro Hac Vice) before the date of the non-admitted attorney’s first appearance.
Should such circumstances arise, Judge Toplin requires a letter brief requesting an extension.
Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.
- Document
- Memorandum
Must include
- •Table of contents
Judge Toplin requires the parties to engage in good faith settlement discussions prior to the submission of the written conference summary.
The parties will identify expert witnesses and provide expert reports pursuant to the Rule 16 Scheduling Order entered in the case. A failure to do so may bar the use of the expert’s testimony at trial.
If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.
Prior to commencement of trial, counsel must meet and confer to prepare one set of pre-marked trial exhibits for use at trial.
Judge Toplin requires the submission of jointly proposed jury instructions, with notations as to areas of agreement, as well as objections.
On the morning of trial, counsel shall provide the ESR/court reporter with a copy of the joint exhibit list and a copy of the witness lists.
- Document
- Trial materials
Must include
- •Exhibit list
Counsel must submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order.
A copy of the interrogatories shall be given to the jury during their deliberations.
Judge Toplin requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference, or at a date set forth in a scheduling order.
Once the Court has ordered that a defendant be detained or has set conditions of release, any proposed changes thereto must be submitted to the Court by written motion.
Judge Toplin will not normally permit sur-reply briefs; counsel desiring to file a sur- reply must first seek permission of the Court by letter brief, before such a brief will be accepted.
Every assertion of fact in a memorandum must be supported by a citation to the record where that fact may be found. Both legal citations and citations to the record must include pinpoint cites.
Do not include any documents that are already filed on the docket as exhibits. If you would like Judge Toplin to take notice of these documents, reference them in your summary.
Attach relevant summary of expert reports to the conference memos. Judge Toplin will review them.
In certain cases, Judge Toplin may require that counsel stipulate uncontested facts as generally set out in Local Rule 16.1(d)(2)(b)(2)(A-E).
The points for charge should be submitted with appropriate citations of legal authority
Counsel should provide Judge Toplin with two (2) exhibit binders that consist of a schedule of exhibits with a brief description of each and copies of each exhibit.
- Document
- Trial exhibit binders
Should include
- •Exhibit list
All counsel should submit sentencing memoranda to Judge Toplin one (1) week before the scheduled sentencing.
If counsel is unable to agree, they may submit separate proposed forms of interrogatories.
Filing & Service rules
Electronic Filing Rules
Settlement conference summaries must not be filed with the Clerk’s Office.
The summaries are not to be filed with the Clerk’s Office.
Page 4 | Settlement Conference Memoranda
Filing Timing and Cure Windows
The Pro Hac Vice Attorney Admission Application is due before the non-admitted attorney’s first appearance.
Counsel must complete and submit an Attorney Admission Application (Pro Hac Vice) before the date of the non-admitted attorney’s first appearance.
Page 2 | I. PRELIMINARY GENERAL MATTERS — F. Pro Hac Vice Admissions
The parties must provide the Court with an updated demand and offer four days before the scheduled settlement conference.
In addition, the parties must provide the Court with an updated demand and offer four (4) days before the scheduled conference.
Page 4 | Settlement Conference Memoranda
Counsel must submit a brief written conference summary one week before the scheduled settlement conference.
Judge Toplin requires counsel to submit a brief, written conference summary one week prior to the scheduled conference.
Page 4 | Settlement Conference Memoranda
If not previously filed, the joint Rule 26(f) report is due on the docket one week before the Rule 16 conference.
If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.
Page 6 | 1. Preliminary Telephone Conference
The jointly prepared verdict form or proposed special interrogatories must be submitted by the deadline in the scheduling order.
Counsel must submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order.
Page 9 | r) Proposed Jury Instructions and Verdict Forms
The joint exhibit list and witness lists must be provided to the ESR or court reporter on the morning of trial.
On the morning of trial, counsel shall provide the ESR/court reporter with a copy of the joint exhibit list and a copy of the witness lists.
Page 9 | o) Preparation of Exhibits
Points for charge must be provided to the Court by the deadline in the scheduling order.
The points for charge should be submitted with appropriate citations of legal authority and shall be provided to the Court in accordance with the deadline set forth in the scheduling order.
Page 9 | r) Proposed Jury Instructions and Verdict Forms
Proposed findings of fact and conclusions of law in non-jury cases are due at the final pretrial conference or on the date set by the scheduling order.
Judge Toplin requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference, or at a date set forth in a scheduling order.
Page 10 | s) Proposed Findings of Fact and Conclusions of Law
The judge normally allows 90 to 120 days to complete discovery and will consider counsel’s informed view of the time needed in a particular case.
Judge Toplin normally permits from ninety (90) to one hundred and twenty days (120) for the completion of discovery; however, she will consider the informed view of counsel as to the time that will be required for discovery in a particular case.
Page 3 | Length of Discovery Period and Extensions
Trial briefs must be filed by the deadline set in Judge Toplin’s pretrial scheduling order.
Trial briefs are due in accordance with Judge Toplin’s pretrial scheduling order.
Page 7 | 6. Trial Procedure—e) Trial Briefs
Motions in limine must be submitted before the final pretrial conference and in accordance with the scheduling order.
Judge Toplin will accept motions in limine in advance of the final pretrial conference and in accordance with her scheduling order to allow her an opportunity to consider the merits of the motion.
Page 8 | 6. Trial Procedure—h) In Limine Motions
Sentencing memoranda should be submitted one week before the scheduled sentencing.
All counsel should submit sentencing memoranda to Judge Toplin one (1) week before the scheduled sentencing.
Page 11 | III. CRIMINAL CASES — A. Sentencing Memoranda
A supplement to the proposed findings and conclusions is permitted at the close of trial or, in an appropriate case, after trial.
A supplement will be permitted at the close of trial or, in an appropriate case, after trial.
Page 10 | s) Proposed Findings of Fact and Conclusions of Law
Service and Proof of Service Rules
Counsel must provide all other counsel in the matter copies of correspondence with the Court.
providing all other counsel in the matter are provided copies of such correspondence
Page 1 | I. PRELIMINARY GENERAL MATTERS — A. Correspondence with the Court
Counsel must exchange their settlement conference summaries.
Judge Toplin requires that counsel exchange their summaries.
Page 4 | Settlement Conference Memoranda
Courtesy Copy Requirements
A courtesy copy of all motion papers must be emailed directly to chambers.
Judge Toplin requires a courtesy copy of all motion papers to be sent directly to chambers via email.
Page 3 | Chambers Copy of Motions Papers
Exhibits longer than 20 pages must be sent to chambers in hard-copy form.
If exhibits are over twenty (20) pages, a hard copy must be sent to chambers.
Page 3 | Chambers Copy of Motions Papers
Attachments longer than 20 pages must be sent to chambers in hard-copy form by the date the summaries are due.
If attachments are over twenty (20) pages, a hard copy is to be sent to Judge Toplin’s chambers by the date the summaries are due.
Page 4 | Settlement Conference Memoranda
If a Court decision is appealed, Judge Toplin prefers to receive copies of the appellate briefs.
If a decision rendered by this Court is appealed, Judge Toplin prefers to receive copies of appellate briefs.
Page 11 | IV. GENERAL MATTERS
Pre-Motion Conference Requirements
Counsel must make all good-faith efforts to resolve a disputed matter among themselves before seeking the Court’s involvement.
Judge Toplin requires that counsel make all good faith efforts to resolve any disputed matter between themselves before seeking involvement of the Court.
Page 2 | II. CIVIL CASES — A. Pretrial Procedure
Counsel are expected to discuss disputed matters with each other before bringing them to the Court’s attention.
Judge Toplin expects counsel to be prompt in all appearances, to be professional and courteous to each other, both in the presence of the Court and otherwise, and to have discussions with each other about any matter in dispute before it is brought to the attention of the Court.
Page 11 | IV. GENERAL MATTERS
The judge will schedule oral argument when it appears helpful to resolving the matter, and counsel may request argument when appropriate.
Judge Toplin will schedule oral argument on motions if it appears likely that such argument would be helpful to the Court’s resolution of the matter. Counsel may request oral argument if considered appropriate.
Page 3 | Oral Arguments on Motions
Adjournment & Extension Requirements
Counsel are expected to comply with Rule 16 Order dates; an extension may be entertained on a good-cause showing that unexpected circumstances hampered case progress, and the request must be made by letter brief.
Counsel will have substantial input in the setting of dates in the Rule 16 Order; Judge Toplin expects counsel to comply with the dates set out in that Order. Extensions will be entertained upon a good cause showing that the progress of the case circumstances has been hampered by circumstances beyond the reasonable expectation of counsel. Should such circumstances arise, Judge Toplin requires a letter brief requesting an extension.
Page 2 | II. CIVIL CASES — B. Continuances and Extensions
Due to the large number of cases scheduled for settlement conferences, any need to reschedule the conference could cause a delay of that conference for several weeks. For this reason, any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference. Continuance requests will only be granted for the most compelling reasons.
Due to the large number of cases scheduled for settlement conferences, any need to reschedule the conference could cause a delay of that conference for several weeks. For this reason, any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference. Continuance requests will only be granted for the most compelling reasons.
Page 6 | 6. Continuances
Additional discovery time will be allowed in complex cases or upon a specific showing of need.
Additional time will be allowed in complex cases or upon a specific showing of need.
Page 3 | Length of Discovery Period and Extensions
Chambers Communication Rules
Counsel seeking relief because of an attendance problem must contact chambers as soon as they become aware of the problem.
Counsel seeking relief must contact chambers as soon as they are aware of a problem with attendance.
Page 5 | 4. Parties’ Attendance and Participation
The parties must inform the Court of their agreed preference for an in-person or Zoom settlement conference.
The parties must advise the Court of their agreed-upon preference.
Page 5 | 4. Parties’ Attendance and Participation
If a matter settles before the scheduled arbitration date or the parties need to continue the arbitration, counsel is to notify Judge Toplin’s chambers immediately.
If a matter settles before the scheduled arbitration date or the parties need to continue the arbitration, counsel is to notify Judge Toplin’s chambers immediately.
Page 6 | 4. Arbitration
Counsel need not remain in the courthouse during jury deliberations, but must be available on short telephone notice and provide the courtroom deputy with a phone number.
counsel to remain in the courthouse during deliberations but will require counsel to be available on short telephone notice. Counsel must provide the courtroom deputy with their phone number.
Page 10 | t)(4) Availability of Counsel During Jury Deliberations
All relevant documents must be emailed to Judge Toplin’s Chambers and Tashia Reynolds in advance of court.
Judge Toplin requires that all relevant documents be emailed to Chambers_of_Magistrate_Judge_Elizabeth_Toplin@paed.uscourts.gov and Tashia_Reynolds@paed.uscourts.gov in advance of court.
Page 11 | III. CRIMINAL CASES — B. Additional Matters
Counsel may communicate with the courtroom deputy and law clerks about scheduling and administrative matters, but not about a case’s merits.
Judge Toplin permits counsel to communicate with her courtroom deputy and law clerks on scheduling and administrative matters, but never on the merits of a case.
Page 1 | I. PRELIMINARY GENERAL MATTERS — B. Communications with Courtroom Deputy and Law Clerks
Telephone conferences are preferred for scheduling matters, extensions, and routine discovery disputes, and counsel seeking relief must initiate the conference by contacting the courtroom deputy.
Judge Toplin prefers telephone conferences to be utilized for matters such as scheduling conferences, scheduling changes, extensions of time and routine discovery disputes. It will be the responsibility of all counsel seeking relief to initiate any such conference by contacting the Judge’s courtroom deputy, Tashia Reynolds.
Page 1 | I. PRELIMINARY GENERAL MATTERS — D. Telephone Conferences
Parties are expected to resolve discovery disputes in good faith without Court intervention; if unable, counsel may contact the Court through the courtroom deputy to arrange a telephone or chambers conference, while discovery motion practice is discouraged.
Judge Toplin expects the parties to resolve discovery disputes without Court intervention. Should counsel be unable, in good faith, to resolve their dispute, Judge Toplin permits contact with the Court through her courtroom deputy to set up telephone or chambers conferences to resolve outstanding issues. The use of motion practice in discovery matters is discouraged.
Page 4 | Discovery Disputes
Counsel should immediately notify opposing counsel and the Court of a professional or personal conflict that may affect the trial schedule.
Should counsel, however, have a professional or personal conflict which may affect the trial schedule, notice should be provided immediately to opposing counsel and the Court.
Page 7 | 6. Trial Procedure—b) Conflicts of Counsel
Judge Toplin permits correspondence from counsel on any matter, providing all other counsel in the matter are provided copies of such correspondence; and unless otherwise specified.
Judge Toplin permits correspondence from counsel on any matter, providing all other counsel in the matter are provided copies of such correspondence; and unless otherwise specified.
Page 1 | I. PRELIMINARY GENERAL MATTERS — A. Correspondence with the Court
Questions about scheduling a settlement conference may be directed to chambers by email at the stated address.
If you have any questions about scheduling a settlement conference, email Chambers_of_Magistrate_Judge_Elizabeth_Toplin@paed.uscourts.gov .
Page 4 | Scheduling a Settlement Conference
Counsel may contact Judge Toplin’s courtroom deputy with questions about courtroom practices and procedures.
Counsel should feel free to contact Judge Toplin’s courtroom deputy if they have any questions about her courtroom practices and procedures.
Page 11 | IV. GENERAL MATTERS
Counsel may call Tashia Reynolds with questions about matters before the Court.
Counsel may contact Tashia Reynolds (267-299-7500) if there are any questions regarding the matters before the Court.
Page 11 | III. CRIMINAL CASES — B. Additional Matters