Judge Jeffrey L. Schmehl
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon request
Exhibits, Sealed Case
- Upon request
Adjournments
- The Rule 26(f) meeting should take place as early in the case as possible, but no later than twenty-one days before the scheduled Rule 16 conference.
- Initial disclosures must be completed 7 days before Rule 16 conference
- Pretrial memoranda must be filed 7 days before pretrial conference
- Final pretrial conference scheduled within 10 days of trial date
- Witness unavailability cannot delay trial commencement or progress.
- If a continuance or extension will affect the discovery cutoff or trial date, counsel should make a written request via email which sets forth the basis for the continuance or extension and indicates whether the other party or parties agree to or oppose the request.
- Continuance requests must be put in writing via email only. The parties shall not file motions seeking continuances of deadlines. The court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension does not affect the discovery cutoff or trial date.
- +1 more
Request must include
Communication
Chambers
Phone
Clerk
Phone
Chambers
Page & Word Limits9 rules
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the 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.
- Reply
- Up to 10 pages
Briefs and memoranda limited to 25 pages; motion with good cause required to exceed limit.
- Brief
- Up to 25 pages
- Memorandum
Court's wording
Any brief or memorandum should be limited to twenty-five pages. If a party requires more than twenty-five pages to explain its position to the court, a motion to exceed the page limit should be filed, setting forth good cause for granting an exception.
The motion shall not exceed five pages, shall not contain exhibits, and shall not include a memorandum of law.
- Page limit
- Up to 5 pages
- Discovery motions
limited to five pages and shall not include exhibits or a brief or memorandum of law.
- Page limit
- Up to 5 pages
The motion shall not exceed five pages, shall not contain exhibits, and shall not include a memorandum of law.
- Page limit
- Up to 5 pages
Briefs/memoranda limited to 25 pages; motion to exceed requires showing good cause.
- Brief
- Up to 25 pages
- Legal memorandum
Court's wording
All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather should include all bases for relief. Any brief or memorandum should be limited to twenty-five pages. If a party requires more than twenty-five pages to explain its position to the court, a motion to exceed the page limit should be filed, setting forth good cause for granting an exception.
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the 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.
- Reply brief
- Up to 10 pages
Judge Schmehl permits counsel to conduct all voir dire in civil cases. There is generally a time limit of thirty minutes for each side for voir dire.
In most cases, the court permits up to thirty minutes for an opening statement and up to forty-five minutes for a summation or closing argument.
Document Format Requirements5 rules
All documents submitted shall be in Word format.
- File type
- Word
All documents submitted shall be in Word format.
- File type
- Word
Each proposed instruction should be on a separate sheet of paper, double spaced, and should include citation to specific authority.
- Line spacing
- Double
- Jury instructions
Each proposed jury instruction must be on a separate sheet, double spaced, with citations to specific authority including accurate quotes and page references.
- Line spacing
- Double
- Jury instructions
Formatting
- •Each instruction on separate sheet
- •Citation to specific authority required
- •Accurate quotes with page references
Court's wording
Each proposed instruction should be on a separate sheet of paper, double spaced, and should include citation to specific authority. The court will not consider proposed instructions without citation to specific legal authority. Cases and model jury instructions that are cited should be accurately quoted and a page reference should be provided.
Electronic documents must be produced as PDF/TIFF unless parties agree otherwise; native format requires particularized need.
- File type
Formatting
- •TIFF acceptable
- •Preserve metadata and revision history
- •Native format requires particularized need
Court's wording
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.
Document Filing Requirements33 rules
At least three business days prior to the pretrial conference, counsel must complete and submit to my Reading chambers, by email, the joint status report of the Rule 26(f) meeting.
Lead trial counsel must attend Rule 16 conference with authority to discuss all subjects
Court's wording
Lead trial counsel must attend the Rule 16 conference. Counsel taking part in any pre- trial conference must be prepared to speak on every subject, including settlement, and have authority from their clients to do so.
The parties are expected to complete all discovery prior to the date of the arbitration hearing.
Ordinarily, neither discovery nor dispositive motions will be allowed after the arbitration hearing.
Proposed findings of fact and conclusions of law required for TRO and injunction hearings.
Court's wording
Judge Schmehl requires submission of proposed findings of fact and conclusions of law for TRO and injunction hearings. The court will set the time for submission of these items at the pre-hearing conference.
Judge Schmehl requires submission of proposed findings of fact and conclusions of law for TRO and injunction hearings.
Judge Schmehl typically requires motions in limine to be filed ten days before trial.
The court will not consider proposed instructions without citation to specific legal authority.
Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials must be in writing.
Judge Schmehl typically requires that the parties submit proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories for the jury no later than ten days before the trial. Counsel should submit a copy of the proposed jury instructions to chambers via email.
Cases and model jury instructions that are cited should be accurately quoted and a page reference should be provided.
- Document
- Jury instructions
Should include
- •Page references
Proposed jury instructions and verdict forms due 10 days before trial.
- Document
- Jury instructions
Must include
- •Verdict forms
Court's wording
Judge Schmehl typically requires that the parties submit proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories for the jury no later than ten days before the trial.
Counsel should submit a copy of the proposed jury instructions to chambers via email.
Proposed findings of fact and conclusions of law in non-jury cases should be submitted to chambers via email at least seven days before the trial date.
Proposed findings of fact and conclusions of law in non-jury cases should be submitted to chambers via email at least seven days before the trial date.
Unavailable witnesses must have oral or videotaped deposition used at trial.
- Document
- Deposition
Include
- •Oral or videotaped deposition
Court's wording
If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(3), the court expects an oral or videotaped deposition to be used at trial for that witness, whether the witness is a party, a non-party, or an expert.
Counsel should submit proposed voir dire questions in writing seven days before the trial date.
- Document
- Voir dire questions
Should include
- •Proposed voir dire questions
This form should be submitted to Chambers by email (preferred) or hard copy.
Each party must designate an e-discovery liaison by a specified date.
- Document
- E-discovery
Must include
- •E-discovery liaison
Court's wording
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”).
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 conference with the court.
If a party modifies a model jury instruction, the additions should be underlined and deletions should be placed in brackets.
Lay opinion testimony under FRE 701 requires supporting documents at expert report deadline.
Court's wording
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.
Parties should submit a trial brief only if a new or unique point of law is involved.
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.
- Document
- Proposed findings conclusions
May include
- •Specific reference to trial evidence
Court and counsel discuss which exhibits go to jury after jury begins deliberations.
Court's wording
After the jury has been instructed and taken to the jury room to begin deliberations, the court and counsel will discuss which exhibits should go out with the jury for their consideration during deliberations.
In cases where the number of witnesses for damages greatly exceeds the number of witnesses for liability, Judge Schmehl may bifurcate the trial of the case.
At the jury’s request, the court may permit the Deputy Clerk to read portions of testimony back to the jury or to replay the audio or video-taped testimony.
Judge Schmehl strongly encourages counsel to stipulate to as many matters as possible before trial, including undisputed facts, exhibits, jury instructions, and special interrogatories.
- Document
- Stipulations
Include
- •Exhibits
- •Undisputed facts
- •Jury instructions
- •Special interrogatories
Ordinarily, the court will submit interrogatories to the jury. The Courtroom Deputy will take the verdict in the presence of the court, counsel, and the parties.
- Document
- Jury verdict
Include
- •Interrogatories
The court will generally permit oral argument on a substantive motion in a criminal case upon request.
Judge Schmehl will allow counsel to interview jurors but will instruct the jury that they are not required to talk to the attorneys.
If requested by counsel, the court will poll the jury.
E-discovery liaison must be familiar with systems, knowledgeable about e-discovery, prepared for disputes, and organize efforts.
Court's wording
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. Prepared to participate in e-discovery dispute resolutions; and, d. Responsible for organizing the party’s e-discovery efforts to insure
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies only required for voluminous exhibits or sealed cases, after email confirmation.
Courtesy copies shall not be provided to chambers unless the exhibits are voluminous or the case is sealed. Prior to sending courtesy copies, counsel shall contact chambers via email to determine whether courtesy copies are necessary. If advised by chambers that the Court requires courtesy copies, counsel shall mail them to The Gateway Building, 201 Penn Street, 5th floor, Reading, Pennsylvania, 19601.
Page 2 | II. CIVIL CASES
Courtesy copies are prohibited unless exhibits are voluminous or case is sealed; counsel must email chambers first to determine necessity.
Courtesy copies shall not be provided to chambers unless the exhibits are voluminous or the case is sealed. Prior to sending courtesy copies, counsel shall contact chambers via email to determine whether courtesy copies are necessary.
Page 2 | I. PRELIMINARY GENERAL MATTERS - H. Courtesy Copies
If courtesy copies are required, they must be mailed to the Reading chambers address.
If advised by chambers that the Court requires courtesy copies, counsel shall mail them to The Gateway Building, 201 Penn Street, 5th floor, Reading, Pennsylvania, 19601.
Page 2 | I. PRELIMINARY GENERAL MATTERS - H. Courtesy Copies
Sealing & Redaction Procedures
Confidentiality or sealing orders require a showing of good cause.
The court will only approve confidentiality or sealing orders for good cause shown.
Page 7 | D. Discovery
Confidentiality/sealing orders require good cause.
The court will only approve confidentiality or sealing orders for good cause shown.
Page 7 | 3. Confidentiality Agreements
Filing Bundling Requirements
No Rule 16 conference or scheduling order in arbitration track cases (except de novo appeals).
Judge Schmehl will not hold a Rule 16 conference or issue a scheduling order in arbitration track cases, unless there is a de novo appeal from an arbitration award.
Page 7 | F. Arbitration
Pre-Motion Conference Requirements
Telephone conference with court required before filing discovery motions.
In the event that a discovery dispute requires court intervention, the party contemplating a motion shall seek a telephone conference with the court before filing any motion. If the telephone conference fails to resolve the discovery dispute, the party seeking relief will be permitted to file an appropriate discovery motion.
Page 6 | 2. Discovery Conferences and Dispute Resolution
Judge Schmehl typically requires motions in limine to be filed ten days before trial.
Judge Schmehl typically requires motions in limine to be filed ten days before trial.
Page 10 | I. Trial Procedure
Adjournment & Extension Requirements
The Rule 26(f) meeting should take place as early in the case as possible, but no later than twenty-one days before the scheduled Rule 16 conference.
The Rule 26(f) meeting should take place as early in the case as possible, but no later than twenty-one days before the scheduled Rule 16 conference.
Page 3 | Rule 16 Conference
Initial disclosures must be completed 7 days before Rule 16 conference
Initial disclosures pursuant to Rule 26(a) shall be completed no later than seven days before the Rule 16 conference.
Page 3 | Rule 16 Conference
Pretrial memoranda must be filed 7 days before pretrial conference
These memoranda shall be filed no later than seven days prior to the pretrial conference.
Page 4 | Final Pretrial Conference
Final pretrial conference scheduled within 10 days of trial date
There will be a final pretrial conference within ten days of the trial date.
Page 4 | Final Pretrial Conference
If a continuance or extension will affect the discovery cutoff or trial date, counsel should make a written request via email which sets forth the basis for the continuance or extension and indicates whether the other party or parties agree to or oppose the request.
If a continuance or extension will affect the discovery cutoff or trial date, counsel should make a written request via email which sets forth the basis for the continuance or extension and indicates whether the other party or parties agree to or oppose the request.
Page 5 | C. General Motion Practice
Continuance requests must be put in writing via email only. The parties shall not file motions seeking continuances of deadlines. The court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension does not affect the discovery cutoff or trial date.
Continuance requests must be put in writing via email only. The parties shall not file motions seeking continuances of deadlines. The court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension does not affect the discovery cutoff or trial date.
Court grants continuances/extensions by stipulation if discovery cutoff or trial date unaffected
The court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension does not affect the discovery cutoff or trial date.
Page 4 | Continuances and Extensions
Witness unavailability cannot delay trial commencement or progress.
The unavailability of such witness will not be a ground to delay the commencement or progress of trial.
Page 12 | Unavailability of Witnesses
Chambers Communication Rules
Fax communications are not accepted by chambers.
Faxes are not accepted.
Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Continuance requests must be submitted in writing via email only
Continuance requests must be put in writing via email only.
Page 4 | Continuances and Extensions
Counsel should not communicate with law clerks unless contacted first; law clerks cannot grant continuances or give legal advice.
Law clerks have no authority to grant continuances or to give advice on substantive or procedural matters. Therefore, unless contacted by a law clerk, counsel should not communicate with the law clerk.
Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Counsel must provide phone numbers and be available to return to courthouse within 10-15 minutes during jury deliberations.
phone numbers with the Civil or Criminal Deputy Clerk and be able to return to the courthouse within ten to fifteen minutes.
Page 14 | Jury Deliberations
Telephone inquiries regarding civil and criminal cases should be directed to Brian R. Dixon, Deputy Clerk, at 610-320-5099.
Telephone inquiries regarding civil and criminal cases should be directed to Brian R. Dixon, Deputy Clerk, at 610-320-5099.
Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Email is the preferred method for written correspondence with chambers.
Email is preferred for most written correspondence with chambers, and the address is Chambers_of_Judge_Jeffrey_L_Schmehl@paed.uscourts.gov.
Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Telephone conferences are permitted to resolve deposition disputes that would otherwise require adjournment.
Judge Schmehl permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.
Page 7 | D. Discovery
Telephone conferences allowed to resolve deposition disputes.
Judge Schmehl permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.
Page 7 | I. DEPOSITIONS
TRO and preliminary injunction requests will be promptly listed.
Judge Schmehl will promptly list any request for a temporary restraining order ("TRO") or a preliminary injunction assigned to him.
Page 8 | H. Injunctions
Scheduling questions must be directed to the Civil Deputy Clerk via email.
Questions relating to scheduling matters should be directed to Judge Schmehl's Civil Deputy Clerk via email.
Page 9 | I. Trial Procedure - 1. Scheduling Cases
Counsel should submit a copy of the proposed jury instructions to chambers via email.
Counsel should submit a copy of the proposed jury instructions to chambers via email.
Page 11 | 17. Proposed Jury Instructions and Verdict Forms
Proposed findings of fact and conclusions of law in non-jury cases should be submitted to chambers via email at least seven days before the trial date.
Proposed findings of fact and conclusions of law in non-jury cases should be submitted to chambers via email at least seven days before the trial date.
Page 12 | 18. Proposed Findings of Fact and Conclusions of Law
Judge generally does not hold telephone scheduling conferences in criminal cases unless requested; scheduling handled by Criminal Deputy Clerk.
Judge Schmehl does not generally hold a telephone scheduling conference with counsel in criminal cases, unless counsel specifically request one. All scheduling of criminal matters is handled by the Judge’s Criminal Deputy Clerk.
Page 14 | Criminal Cases
This form should be submitted to Chambers by email (preferred) or hard copy.
This form should be submitted to Chambers by email (preferred) or hard copy.
Civil cases
Page 1 | Submission Instructions
Email address for submitting Joint Status Report to Judge Schmehl's Chambers.
Chambers_of_Judge_Jeffrey_L_Schmehl@paed.uscourts.gov
Civil cases
Page 1 | Joint Status Report
Junior Lawyer Participation Incentives
Multiple attorneys may examine different witnesses or argue different points, but only one per side may address the jury.
More than one attorney for a party may examine different witnesses or argue different points of law before the court. Only one attorney for each side may examine the same witness or address the jury during the opening statement or summation.
Page 10 | I. Trial Procedure