Judge John F. Murphy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Rule 12 Motions, Rule 56 Motions
- 1 copy • Email
Adjournments
- Extension requests must be made at least 7 days before deadline or justify last-minute request.
Communication
Chambers
Page & Word Limits2 rules
Page limits, absent leave: • Opening brief: 25 pages or 6,250 words • Response/opposition: 25 pages or 6,250 words • Reply: 10 pages or 2,500 words
10 pages
Applies to: Attorney
2,500 words
Applies to: Attorney
Counsel may exceed the page limits (e.g., to include figures or diagrams) without leave if an appropriate word count certification is included.
Document Format Requirements2 rules
All ECF filings must be text-searchable with descriptive filenames.
All ECF filings must be text-searchable, including exhibits. Within the limits of what the ECF system allows, ECF descriptions and filenames must reflect the contents of the filing (e.g., use “Ex. A - Contract” or “Ex. B - Smith Dep. Transcript” instead of “Exhibit A”).
All briefs must be double-spaced, 12-point font, 1-inch margins; footnotes same size; briefs over 10 pages need TOC and TOA
All briefs must be double-spaced, in at least 12-point font with at least 1-inch margins. Footnotes must be in the same font size as the body of the brief. Any brief longer than 10 pages must include a table of contents and table of authorities.
Document Filing Requirements26 rules
Do not attach as exhibits any documents that are already on the docket.
DocumentExhibits
You must attach as exhibits copies of any web pages relied upon.
DocumentExhibits
Extension requests must be ECF motions/stipulations showing good cause; lack of diligence defeats good cause.
Requests for extensions of time must be made by motion or stipulation filed by ECF (and not sent to the Clerk of Court, e-mailed to chambers, or requested by telephone). Such requests — even if joint or unopposed — must show good cause for proposed extension. Lack of diligence generally defeats good cause.
DocumentExtension Request
The parties must file a joint Rule 26(f) report no later than 7 days before the initial Rule 16 conference.
DocumentJoint Rule 26f Report
The parties must exchange Rule 26(a)(1) initial disclosures no later than 14 days before the initial Rule 16 conference.
DocumentRule 26a1 Initial Disclosures
Rule 12 motions to dismiss require meet-and-confer certification and discovery position statement.
Any Rule 12 motion to dismiss must be accompanied by a certification (preferably filed separately on the docket) that the parties have met and conferred on the substance of the motion, and a statement of each party’s position and reasons for whether or not discovery should proceed while the Rule 12 motion is pending.
DocumentMotion
Amended pleadings must always be accompanied by a redline version indicating the amendments that were made.
DocumentAmended Pleading
The Local Rule 26.1 certification should be specific and substantive. Failure to do so will usually bar relief.
DocumentDiscovery Motion
Discovery motions must include detailed proposed orders with specific relief.
The motion (and any opposition) must include a detailed and specific proposed order setting forth the precise relief requested; only for the simplest of motions is it sufficient to merely state that the motion is granted.
DocumentDiscovery Motion
Parties must meet and confer, then file single set of jury instructions with alternative language
The parties shall then meet and confer to resolve as many disputes as possible. Finally, by the court’s deadline, the parties shall file a single set of jury instructions and a single verdict sheet, clearly reflecting alternative language using different formatting, brackets, redlining, or the like, and reasons therefore.
DocumentJury Instructions
In addition to filing the jury instructions and verdict sheet on the docket, the parties shall e-mail to chambers the Word versions (with redlines, comment bubbles, and the like included).
DocumentJury Instructions
At the time ordered, or otherwise no later than 7 days before the final pretrial conference, the parties shall file proposed verdict sheets and proposed jury instructions, together with objections, as follows:
DocumentJury Instructions
Plaintiff must serve draft jury instructions and verdict sheet 14 days before filing deadline
Unless otherwise ordered, at least 14 days before the deadline for filing proposed verdict sheets and proposed jury instructions, the plaintiff shall serve on defendant draft jury instructions and a draft verdict sheet, both in Word format. The draft instructions shall include thorough citations to model instructions or other legal authority relied upon.
DocumentJury Instructions
Defendant shall respond within 7 days by serving on plaintiff a redline version along with explanatory comment bubbles or some equivalent to establish areas of and reasons for disagreement.
DocumentJury Instructions
Final pretrial conference must cover memorandum, motions, objections, jury instructions, exhibits, and trial logistics
The final pretrial conference will be scheduled for a time between the filing of the integrated pretrial memorandum and the beginning of the trial. At the conference, counsel must be prepared to discuss all aspects of the memorandum; any pending motions; any objections that have been raised; the jury instructions and verdict sheet, if they have been filed; how exhibits will be handled and other trial logistics; and any other aspect of trial planning.
DocumentPretrial Order
A request — filed on the docket — for a dismissal under Local Rule 41.1(b) because the case has settled.
DocumentDismissal Request
Summary judgment motion must include jointly prepared consolidated statement of facts and joint set of exhibits
A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.
DocumentMotion
The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion.
DocumentMotion
Reference docketed documents by docket number, use ECF header page numbers if no page numbers.
When referencing a document already on the docket, do so by docket number so that it may easily be retrieved (e.g., DI 12). If the docket entry lacks its own page numbering, use the ECF header page numbers.
DocumentAll
Proposed orders should be filed on ECF; complex orders should also be emailed to chambers in Word format.
Proposed orders should be filed on ECF along with the relevant request for relief, except that complex proposed orders, such as scheduling orders in patent cases or lengthy discovery orders, should also be e-mailed to chambers in Word version to facilitate editing.
DocumentProposed Order
The parties should deliberate over and propose a complete, ready-to-read set of instructions: both preliminary and final instructions; and both standard and case-specific instructions.
DocumentJury Instructions
Counsel should customize the instructions to the parties or events of the case in a terse and neutral manner so that they may be more easily understood by the jury.
DocumentJury Instructions
Parties should follow Third Circuit Model Jury Instructions with legal authority for variations
Whenever possible, the parties shall adhere to the Third Circuit’s Model Jury Instructions. Variation should be explained with reference to specific legal authority, such as other model jury instructions, caselaw, instructions from other trials, or otherwise.
DocumentJury Instructions
Each proposed instruction should be numbered consecutively and should start on a new page to facilitate reference, editing, and reordering.
DocumentJury Instructions
If counsel want a court reporter for trial rather than an audio recording, they must raise that with chambers well before the pretrial conference.
The joint set of exhibits must be filed in conformity with section 2 of these policies and procedures. For motions with voluminous exhibits, we encourage using a single consecutively numbered appendix with a table of contents rather than individual, separately filed exhibits.
DocumentMotion
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for dispositive motions/briefs with exhibits via email/PDF with specific formatting.
For any dispositive motion or brief (e.g., Civil Rule 12, 50, 56) or responsive brief that includes exhibits, counsel must send (by e-mail or file transfer service) a PDF courtesy copy to chambers (murphy_chambers@paed.uscourts.gov). The PDF copy should: • be as-filed, i.e., with the ECF notations at the top of each page; • include the main documents and all exhibits in one single PDF file; • use PDF bookmarks for exhibits and for sections in longer documents; • be text-searchable, including exhibits; and • have a file name that reflects the case number, docket number(s), and a description.
Sealing & Redaction Procedures
Complaints should almost never be filed under seal.
complaints should almost never be filed under seal.
Page 4 | Protective Orders, Confidentiality Agreements, and Filings Under Seal – Civil Cases
Documents cannot be filed under seal in civil cases without leave, except in emergencies.
Unless it is an emergency, documents may not be filed under seal in a civil case absent leave.
Page 4 | Protective Orders, Confidentiality Agreements, and Filings Under Seal – Civil Cases
Protective orders on confidentiality require statutory requirement or good cause.
Judge Murphy will not enter a discovery protective order on confidentiality in a civil case unless statutorily required or for demonstrated good cause, but will enforce private confidentiality agreements as a matter of contract law.
Page 4 | Protective Orders, Confidentiality Agreements, and Filings Under Seal – Civil Cases
(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.
(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.
Documents filed under seal should be filed appropriately using ECF. Any documents filed under seal should also be sent to chambers in the same manner as courtesy copies (see section 10, below). Paper copies will not be accepted.
Documents filed under seal should be filed appropriately using ECF. Any documents filed under seal should also be sent to chambers in the same manner as courtesy copies (see section 10, below). Paper copies will not be accepted.
Within 30 days of filing under seal, file thoughtfully and narrowly redacted public versions on ECF docket
(iii) Within 30 days of the filing under seal (or as otherwise ordered), file thoughtfully and narrowly redacted, public versions of the same documents by ECF on the docket.
(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed material as narrowly as possible and articulating good cause consistent with applicable precedent. The motion to file under seal should be filed on the public docket by ECF. Any unredacted documents accompanying the motion should be contemporaneously e- mailed to chambers. The moving party should indicate the consent of opposing counsel.
(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed material as narrowly as possible and articulating good cause consistent with applicable precedent. The motion to file under seal should be filed on the public docket by ECF. Any unredacted documents accompanying the motion should be contemporaneously e- mailed to chambers. The moving party should indicate the consent of opposing counsel.
Pre-Motion Conference Requirements
Initial Rule 26(f) conference must occur no later than 21 days before initial Rule 16 conference.
the motion is pending. Counsel must conduct an initial Rule 26(f) conference as soon as possible, and in any event no later than 21 days before the initial Rule 16 conference.
Page 3 | Rule 16 Conferences and Discovery Planning
Reply briefs encouraged, may be filed without leave, must be filed within 7 days of opposition brief
Reply briefs are encouraged where thought to be helpful; may be filed without leave; and must be filed no later than 7 days after the opposition brief.
Moving party may respond to responding party's statements directly under relevant paragraphs
The moving party may then respond to any statements or arguments in the responding party’s submission, directly under the relevant paragraph.
Only one Rule 56 summary judgment motion allowed per party without leave, within page/word limits
Summary judgment motions. Absent leave, a party is entitled to file only one single Rule 56 motion (at the time designated in the scheduling order) that addresses whatever issues the party wishes to raise within the page or word limit.
Responding party must serve response to statement of facts 14 days before motion deadline
At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;
Moving party must serve statement of undisputed facts 28 days before motion deadline
At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;
Adjournment & Extension Requirements
Trial dates will not be continued except for criminal docket emergencies or extraordinary justification.
Trial dates certain will not be continued absent an emergency on the criminal docket or a truly extraordinary justification.
Page 2 | Extensions of Time
Extension requests must be made at least 7 days before deadline or justify last-minute request.
All requests must be made at least 7 days before the closest relevant deadline or, if made within 7 days, must further justify the last-minute request.
Chambers Communication Rules
All requests and written communication with chambers should be made through an appropriate ECF filing. Requests for relief should almost always be made by motion. E-mail (murphy_chambers@paed.uscourts.gov) or other written communication is permitted only when directed or because of a scheduling emergency.
All requests and written communication with chambers should be made through an appropriate ECF filing. Requests for relief should almost always be made by motion. E-mail (murphy_chambers@paed.uscourts.gov) or other written communication is permitted only when directed or because of a scheduling emergency.
Page 1 | Communications with Chambers
Do not contact chambers informally to mark cases as settled unless there is a scheduling emergency.
Absent a scheduling emergency, do not call or send chambers informal correspondence asking us to mark your matter as settled. That accomplishes nothing.
Page 13 | How to Voluntarily Dismiss Your Case
Junior Lawyer Participation Incentives
Court encourages junior lawyers to argue and will accommodate them with additional time.
We encourage counsel to assign speaking roles in court to less-experienced lawyers, particularly where the lawyer in question is more familiar with the matter at hand. We will draw no inference about the importance or merits of a matter from counsel’s decision to involve a junior attorney (or decision not to do so). To the contrary, we will make every appropriate effort to accommodate junior lawyers, including additional time and allowing co-counsel to speak when helpful. To that end, counsel may notify us when a junior lawyer intends to argue.
Requests for argument will almost certainly be granted when the request indicates that a junior lawyer will have a speaking role. See section 11, below.
Requests for argument will almost certainly be granted when the request indicates that a junior lawyer will have a speaking role. See section 11, below.