Eastern District of Pennsylvania Local Rules and Judge Filing Requirements

Oral argument must be requested by letter or in motion/responsive pleading.

Parties must obtain permission before filing supplemental briefs.

Counsel must exchange offer/demand before settlement conference.

Each party must designate an e-discovery liaison by a specified date.

Patent non-ANDA cases require phased Markman hearing planning in Rule 26(f) report

Counsel may correspond with the Court on all matters, but disputes are preferably handled through joint telephone conferences.

Form must be emailed to chambers one day before Rule 16 conference

Email address for submitting Joint Status Report to Judge Schmehl's Chambers.

Chambers communication allowed only for scheduling and non-substantive matters via email, phone, letter, or fax

Chambers email address for Judge Gallagher

No fixed minimum advance notice period is imposed for continuance or extension requests.

Extension requests require conference with opposing counsel; unopposed requests via joint stipulation, opposed as motions.

Extensions affecting dispositive motions or trial dates require written request with basis, party positions, and proposed dates.

Replies and sur-replies must be filed within 7 days of the response.

Extensions/continuances require compelling reason and must be requested by letter with detailed basis and other counsel's position.

Reply briefs are limited to 10 pages.

Replies and sur-replies must be filed within 7 days of the previous filing.

Sur-replies require court permission and limited to 5 pages.

Standard discovery period is 120 days from Rule 16 conference; additional time must be requested at conference.

Motions (except motions in limine) limited to 25 pages.

Pretrial conferences in criminal cases are generally not held, but may be conducted if counsel requests one.

Discovery disputes must be addressed by counsel before requesting court intervention, with certification of good faith efforts.

Rule 16 conference scheduled after all defendants appear.

Rule 16 conference scheduled after answer or during preliminary motions.

Rule 16 conference scheduled after all defendants answer; joint Rule 26(f) report with discovery plan due 3 business days before conference.

All PDF documents must be text searchable

Exhibit submissions to the Court must be presented in a loose-leaf binder.

Electronic documents must be produced as PDF/TIFF unless parties agree otherwise; native format requires particularized need.

Email attachments must be in Microsoft Word or PDF format

Transcripts must be full-sized pages with cover page identifying witness and relevant pages; entire transcript only if relevant.

Courtesy copies of motion papers to chambers are encouraged, particularly by electronic delivery.

Courtesy copy policy mentioned but no specific requirements provided.

No courtesy copies required for motions

Courtesy copy required for filings with exhibits over 20 pages.

One courtesy copy of motion papers required, stapled or neatly bound with dividers.

Confidentiality orders require detailed explanation of injury and specific categories of protected information.

Motion to seal must identify specific injuries if materials are not sealed.

Inadvertently produced privileged documents must be immediately returned.

Confidentiality/sealing orders require good cause and specific language about Court's modification rights.

Sealing orders require good cause and specific language.

Rule 26(f) meeting report must be filed at least 3 business days before the pretrial conference.

Plaintiffs must submit a written settlement demand at least three weeks before the scheduled settlement conference.

Rule 26(f) reports must be filed and emailed to Chambers at least 7 calendar days before the Rule 16 conference.

Joint Rule 26(f) status reports must be filed at least seven days before the Rule 16 scheduling conference.

Plaintiff's counsel must circulate a draft of the Pretrial Stipulation at least one week before it is due.

Motions in limine should be bundled with the final pretrial memorandum and are usually addressed at the final pretrial conference.

Appendix should be filed in same ECF entry as motion or response when practicable.

Joint exhibit binder preferred but not required.

Cases should be tried within 1 year of filing, or 2 years if extended pretrial proceedings are necessary.

Court may rule without waiting for reply or sur-reply briefs

Section on development of young attorneys

Junior attorneys (associates) may argue with notice to chambers; supervising counsel can supplement their argument.

Multiple attorneys allowed for different witnesses/legal points, but only one attorney per witness or point.

Oral argument may be requested or required by the Court.

Only one attorney per party may examine same witness or argue same point.

Attorneys must file public documents via ECF and sealed documents via email to Clerk with motion to impound; all filings via ECF or Clerk’s Office.

Proposed jury instructions and verdict form must be filed on the Court’s docket.

All counseled parties must use ECF; proposed orders attached to motions; no Chambers submissions except via ECF; court won't act on non-docketed submissions.

Exhibits filed via ECF must be separate documents with identifying names (not generic labels like “Exhibit A”); single “Exhibits” files will be struck.

Proposed Discovery Plan must be filed electronically on ECF.

Service of documents must be executed at the time of filing.

Parties must submit Rule 26(f) report via email to chambers at least 5 days before scheduling conference if not already on docket.

Rule 56 moving parties must provide a Word document of the Statement of Undisputed Material Facts to opposing counsel.

Moving parties must serve the statement of undisputed material facts on all parties at least 28 days before the summary judgment motion deadline.

Counsel must exchange settlement offers and demands prior to the conference.

Pro hac vice admission fee must be submitted with the application, else application is denied.

Pro hac vice motions will be denied if the required filing fee is not submitted.

Pro hac vice counsel must pay the associated fee before the conference.

Pro hac vice motions submitted without the required fee will be denied.