Eastern District of Pennsylvania Document Filing Requirements

Trial exhibits and discovery items must be pre-marked and exchanged at least 3 business days before trial.

Source text: All trial exhibits and discovery items to be offered shall be pre-marked and exchanged by counsel at least three (3) business days prior to the date of trial.

Summary judgment motions must include separate statement of undisputed material facts with record citations.

Source text: A motion for summary judgment shall include a separate statement of those material facts that the movant contends are not in dispute with supporting citations to the record. Failure to comply with this requirement shall be grounds for summary denial of the motion.

Proposed findings and conclusions may be required within 24 hours after TRO hearing.

Source text: she may require proposed findings of fact and conclusions of law no later than twenty-four (24) hours after such a hearing.

Joint appendix pages must be consecutively Bates stamped and referenced.

Source text: All pages of the joint appendix shall be consecutively 'Bates stamped' and referenced in the motions and briefs by the Bates number assigned each page.

Only appendix materials will be considered by the judge.

Source text: Judge Beetlestone will not consider material not included in the appendix.

Reply Statement of Undisputed Material Facts must be emailed to Chambers in Word format.

Source text: Counsel for the moving party shall email a copy of the Reply Statement of Undisputed Material Facts to Chambers in Microsoft Word format.

Stipulations must have original signatures, not filed on ECF, effective only after Court approval.

Source text: Any stipulations, consent decrees, or other documents requiring Court approval or signature must be submitted in a form containing original signatures (faxed signatures are accepted). Please do not file Stipulations on ECF. Stipulations are not effective until approved by the Court.

Joint status report of Rule 26(f) meeting required 3 business days before Rule 16 conference.

Source text: At least three business days prior to the pretrial conference, counsel must complete and submit to the Court via ECF filing the joint status report of the Rule 26(f) meeting.

Initial disclosures must be completed 7 days before Rule 16 conference.

Source text: Initial disclosures pursuant to Rule 26(a) shall be completed no later than seven (7) days before the Rule 16 conference.

Lead trial counsel must attend Rule 16 conference; failure to appear may result in monetary sanctions.

Source text: Lead trial counsel must attend the Rule 16 conference. If a party fails to appear at a scheduled Rule 16 Conference, absent good cause, monetary sanctions may be applied.

Discovery must commence upon receipt of Rule 16 conference notice.

Source text: Judge Beetlestone expects discovery to commence upon receipt of the Notice scheduling the initial Rule 16 conference.

Discovery motions must include certification of good faith resolution efforts.

Source text: All discovery motions must contain the certification required under Local Civil Rule 26.1(f). The Rule requires that counsel who is submitting the dispute to the Court include a certification that a good faith resolution effort has been made by counsel involved in the dispute. Judge Beetlestone expects that such a certification will be substantive, specific, and meaningful.

TRO petitioners must notify and serve respondents when practical.

Source text: Except in cases where the nature of the emergency precludes it, Judge Beetlestone requires the petitioner to notify the respondent of the nature of the request for a Temporary Restraining Order; to serve the petition and proposed Order upon the respondent, if practical; and to provide the respondent with notice of the date, time and location of the hearing or argument.

Briefs of 20+ pages require table of contents and table of authorities.

Source text: Any brief of twenty (20) pages or more shall include a table of contents and table of authorities.

Joint appendix must be filed when summary judgment motion is docketed.

Source text: The joint appendix shall be filed by the movant no later than the date the initial motion for summary judgment is docketed.

Thumb drive with admitted exhibits must be provided to court and jury.

Source text: At the close of evidence, the parties shall submit to the Court a thumb drive which includes only those exhibits admitted into evidence. The documents on the thumb drive shall be provided to the Jury.

Continuance motions must include a proposed order.

Source text: Any such motion must be accompanied by a proposed form of Order which, if approved by the Court, would grant the relief sought by the motion.

Proposed jury instructions and verdict forms due 3 working days before trial.

Source text: Judge Beetlestone requires that at least three (3) working days before the date the case is set for trial, each party shall submit to the Court and serve on each other, two (2) copies of proposed points for charge and a proposed verdict form, and also shall provide those documents to Chambers in digital form in Microsoft Word format.

Government must submit guilty plea memorandum 5 days before guilty plea.

Source text: Judge Beetlestone requires the government to submit a guilty plea memorandum five (5) days prior to the guilty plea.

Guilty plea memoranda must include offense elements and legal citations.

Source text: Such a memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such elements.

Sentencing memoranda due 5 days before sentencing hearing.

Source text: The sentencing memoranda should be submitted to the Court no later than five (5) days prior to the sentencing hearing.

AI use must be declared and cited authorities verified.

Source text: Parties who use Artificial Intelligence in preparing papers filed with the Court must declare the use of AI, which AI was used and must certify that the signer checked that all cited authorities are proper.

Rule 26(f) report due 5 days before Rule 16 conference.

Source text: The Rule 26(f) report must be submitted no later than five (5) days before the Rule 16 conference.

Rule 26(f) meeting must occur at least 14 days before Rule 16 conference.

Source text: The parties are expected to meet at least fourteen (14) days before the Rule 16 Conference.

Specific Rule 26(f) form must be used from Judge Henry's webpage.

Source text: Parties must fill out the Rule 26(f) form available on Judge Henry’s Court webpage (https://www.paed.uscourts.gov/sites/paed/files/documents/procedures/henpolb.pdf).

Threshold motions (dismiss, transfer, add parties) due 5 days before Rule 16 conference.

Source text: Parties are also expected to submit all possible threshold motions no later than (5) days before the Rule 16 conference, including any motions to dismiss, transfer, or add parties.

Discovery motion must certify good faith efforts and request phone conference if desired.

Source text: 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 Henry to resolve the matter;

Proposed order required with discovery motion.

Source text: A proposed order;

Multiple plaintiffs/defendants must file joint motions unless conflicts exist.

Source text: Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position.

Statement of facts required with summary judgment motions.

Source text: A statement of facts must accompany a moving party's motion for summary judgment.

Continuance motions must include reasons, opposing position, time sought, and scheduling conflicts.

Source text: Requests for a continuance must be filed as a motion stating the reasons for the request, the position of the other side, the amount of time sought, and existing conflicts potentially impacting scheduling of a new trial date.

Continuance motions require defendant's signed consent form.

Source text: Any such motion must be accompanied by a consent form signed by the defendant.

Continuance orders must comply with Speedy Trial Act and include proposed order.

Source text: The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed

Government must submit guilty plea memorandum one week before plea hearing with specific content requirements.

Source text: The United States must submit a guilty plea memorandum at least one week 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 submitted to chambers by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.

Government must file trial memorandum one week before jury selection with witness and evidence details.

Source text: The government must file a trial memorandum by no later than one week before jury selection setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues. The defendant is not required to file a trial memorandum but may do so.

Sentencing motions must be filed 7 days before sentencing with 3-day response deadline.

Source text: Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.

Sentencing memoranda must be filed 7 days before sentencing with 3-day response deadline.

Source text: Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Pre-sentence reports and sentencing memoranda must be emailed to chambers in Word format.

Source text: All Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.

Parties using AI to prepare court filings must declare which AI was used and certify that cited authorities were verified.

Source text: Parties who use Artificial Intelligence in preparing papers filed with the Court must declare the use of AI, which AI was used and must certify that the signer checked that all cited authorities are proper.

Pro hac vice admission motions must specify the attorney's admissions, reasons for participation, and qualifications.

Source text: 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.

Discovery dispute motions must include certification of efforts to resolve, request for telephone conference specification, and a proposed order.

Source text: 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 Henry to resolve the matter; • A proposed order

All proposed orders must include language reserving the Court's power to modify the order.

Source text: All proposed 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."

Summary judgment motions must include a statement of facts as a separate document with numbered paragraphs and pinpoint citations.

Source text: 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.

Pretrial memoranda are due 7 business days before the final pretrial conference and must contain witness lists, motions in limine, deposition notices, objections, stipulations, voir dire questions, and jury instructions.

Source text: 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. • 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. • Proposed joint jury instructions and verdict forms.

Criminal continuance motions must state reasons, other side's position, time sought, and conflicts, and must include a defendant-signed consent form and Speedy Trial Act compliant proposed order.

Source text: Requests for a continuance must be filed as a motion stating the reasons for the request, the position of the other side, the amount of time sought, and existing conflicts potentially impacting scheduling of a new trial date. Any such motion must be accompanied by a consent form signed by the defendant. The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed

Government must submit guilty plea memorandum one week before change of plea hearing via email.

Source text: The United States must submit a guilty plea memorandum at least one week 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 submitted to chambers by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.

Government must file trial memorandum one week before jury selection with witness and issue details.

Source text: The government must file a trial memorandum by no later than one week before jury selection setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues.

Sentencing motions due 7 days before sentencing; responses due 3 days before; no replies without leave.

Source text: Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.

Sentencing memoranda due 7 days before sentencing; responses due 3 days before.

Source text: Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Parties must exchange custodian and system information before Rule 26(f) conference.

Source text: Prior to the Rule 26(f) conference, 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; and, 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.

Parties must discuss e-discovery parameters at Rule 26(f) conference and be prepared for Rule 16 conference.

Source text: 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 scheduling conference with the court.

Each party must designate an e-discovery liaison familiar with systems and technical aspects.

Source text: 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

E-discovery procedures must be discussed at Rule 16 and Rule 26(f) conferences.

Source text: The parties shall be prepared to address e-discovery at the Rule 16 scheduling conference with the Court. At the Rule 26(f) conference, they must discuss the parameters of their anticipated e-discovery. They are required to address procedures to preserve electronically stored information, to avoid inadvertent privilege waivers, and to determine the form in which electronic information will be produced. The cost of producing the information must be discussed.

Parties must discuss ADR options and comply with Local Rule 53.3.

Source text: The parties must familiarize themselves with Local Rule 53.3 before responding. Recite the parties’ discussion about early resolution through ADR, motion or otherwise explain what steps were taken by counsel to advise the client of alternative dispute resolution options. Explain any decision not to seek early resolution and what mediation options the parties may consider and when mediation would be appropriate.

Counsel must certify they have read Judge Kenney's discovery guidelines.

Source text: All counsel must certify that they have read Judge Kenney’s guidelines as to discovery and objections.

Rule 56 motions must include an index identifying each referenced exhibit and its location in the filing.

Source text: Counsel must include with their Rule 56 Motion an index clearly identifying each referenced exhibit and indicating where it can be found in the filing.

Pro hac vice admission requires submission of the specific Attorney Admission Application form.

Source text: To be admitted pro hac vice, local counsel of record should submit the “Attorney Admission Application (Pro Hac Vice)” available at https://www.paed.uscourts.gov/attorneys.

Rule 26(f) meeting report is required to be filed before the Rule 16 conference.

Source text: At least three business days before the pretrial conference, counsel shall file on the docket the required report of the Rule 26(f) meeting.

Rule 12(b)(6), (e), (f) motions must include a certification of meet and confer with opposing counsel.

Source text: counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken.

Rule 56 motions must include a concise, numbered statement of stipulated material facts with citations to the record where possible.

Source text: The movant’s initial filing must include a concise statement of stipulated material facts, setting forth in numbered paragraphs the material facts and important background facts that are not in dispute for purposes of summary judgment. Citations to the summary judgment record should be included for each stipulated fact where possible.

Parties relying on facts not in the stipulated facts statement must file a numbered statement of additional facts with citations to the record.

Source text: To the extent that any party seeks to rely on facts not included in the concise statement of material facts, it shall set forth those facts in a concise statement of additional facts. Like the statement of stipulated facts, the statement of additional facts shall be organized in numbered paragraphs. The party shall provide citations to the precise page of the summary judgment record that supports each factual assertion in the statement of additional facts.

Protective and confidentiality orders must include language reserving the court's power to modify terms for the interest of justice.

Source text: No protective order or confidentiality order will be approved without language providing that “the Court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires.”

For preliminary injunction hearings where parties cannot stipulate to a full record, submit either a stipulation of disputed/undisputed facts or proposed findings of fact and conclusions of law.

Source text: In those instances where the parties cannot stipulate to a full record, Judge Kenney requires the submission of either a stipulation of disputed and undisputed facts or the proposed findings of fact and conclusions of law.

Daubert Joint Report must include an exhibit list and copies of intended exhibits.

Source text: One week prior to the hearing, the parties shall file a Joint Report stating whether any party intends to present testimony from any witness other than the expert at issue. The Joint Report shall also include an exhibit list and copies of any exhibits that the parties intend to use at the hearing.

Proposed jury instructions on substantive issues and verdict forms must be filed no later than 14 days before trial.

Source text: In his scheduling orders, Judge Kenney typically requires that the parties file proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories for the jury no later than fourteen days before the trial date.

Standard jury instructions need only reference the instruction number, volume title, and publication date; use the most recent volume.

Source text: Each proposed standard instruction need only reference the Standard Instruction Number as well as the title of the volume and the publication date of the instruction. Counsel should search for and use the most recent volume.

Non-standard jury instructions must include a citation to specific authority and the reason for the instruction.

Source text: If there is a non-standard instruction or a supplement to the standard, this needs to be pointed out with a citation to the specific authority and the reason in this specific case why it is needed.

Modified model jury instructions must indicate changes; additions underlined, deletions in brackets.

Source text: If a model jury instruction is submitted, for instance, from Devitt & Blackmar, Federal Jury Practice and Instructions, the submitting party shall state whether the proposed jury instruction is unchanged or modified. If a party modifies a model jury instruction, the additions should be underlined, and deletions should be placed in brackets.

Proposed findings of fact and conclusions of law in non-jury cases must be filed at least 7 days before trial.

Source text: Proposed findings of fact and conclusions of law in non-jury cases should be filed at least seven days before the trial date.

Proposed verdict slips and points for charge on substantive matters covering all claims must be filed with pretrial documents.

Source text: Counsel should also file at that time proposed verdict slips and points for charge on substantive matters covering all claims as if the case would be submitted to a jury.

Revised or supplemental findings of fact, conclusions of law, and verdict slips must reference trial evidence specifically.

Source text: The parties shall submit revised or supplemental findings of fact and conclusions of law and verdict slips with specific reference to trial evidence.

Sentencing memoranda must not be boilerplate, must include thorough analysis and vital arguments, and may be rejected if untimely or inadequate, resulting in a new sentencing date.

Source text: Additionally, counsel are advised that this Court DOES NOT ACCEPT boilerplate memoranda that merely include vague references to the United States Sentencing Guidelines, court opinions, or statutory citations. Given the serious nature of criminal sentencing, in which a defendant may be ordered to serve a significant term of imprisonment or pay substantial financial penalties, the Court expects counsel to advance the strongest positions on behalf of their respective clients. Indeed, the sentencing memoranda must include thorough legal and factual analysis. Counsel shall also incorporate the vital arguments that this Court must consider, and the attorneys must articulate their strongest points and positions in a thoughtful and deliberate manner. Counsel are strongly advised that this Court may REJECT any sentencing memoranda that are deemed untimely or inadequate, and as a result, may also order a new date for sentencing.

Counsel must advise the Court of the estimated length of any evidentiary proceeding.

Source text: Counsel shall advise the Court as to the estimated length of any evidentiary proceeding.

Pretrial Conference Memorandum must be docketed at least 7 days before conference

Source text: At least seven days prior to the Pretrial Conference, each counsel shall docket a Pretrial Conference Memorandum which includes the following:

Failure to submit memorandum or list witnesses/exhibits may result in preclusion

Source text: Failure to submit a Pretrial Conference Memorandum or failure to list a witness or exhibit on this disclosure, may result in the preclusion of that evidence or testimony.

Certification of meet and confer required with motion, including dates, length, and brief description of issues discussed.

Source text: Should the parties be unable to resolve the dispute, the filing party shall file a Certification indicating that they have communicated with the non-filing party or parties in an attempt to resolve the dispute and the date(s) of discussion(s), the length of the discussion, as well as a brief (no more than one sentence each) description of the issues which were discussed.

Joint Rule 26(f) report required 5 days before Rule 16 conference.

Source text: Five days in advance of the Rule 16 Conference, the parties shall jointly submit a Rule 26(f) report. Judge Weilheimer’s required format is available here. Patent cases have a separate 26(f) format which can be found here.

Discovery must commence immediately upon Rule 16 scheduling order, not at conference date.

Source text: This Court expects discovery to commence immediately upon the issuance of the Order scheduling the Rule 16 Conference—not from the date of the Conference itself. Accordingly, by the time of most Rule 16 Conferences, fact discovery should already be well underway.

Exhibits must be separately numbered attachments with clear objective titles.

Source text: All exhibits must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file (e.g., 6/14/19 Deposition of John Doe).

Parties must meet and confer 28 days before summary judgment motion to discuss joint statement of undisputed facts.

Source text: At least 28 days in advance of a motion for summary judgment, all parties are required to meet and confer regarding the possibility of entering into a joint statement of undisputed facts (the “Joint Statement”).

Joint Statement must include all undisputed facts relied upon by any party for summary judgment.

Source text: The Joint Statement should include all facts upon which any party expects to rely in moving for or opposing summary judgment and about which there is no factual dispute between the parties.

Parties cannot unilaterally file their own Statement of Undisputed Facts.

Source text: But no party shall unilaterally file a “Statement of Undisputed Facts" setting forth its interpretation of the record.

Facts not in Joint Statement must be cited to record within party's memorandum.

Source text: All references to facts not included in the Joint Statement described above must be contained within the party’s memorandum and cite to the record.

If no Joint Statement agreement, filing party must certify inability to reach agreement.

Source text: If the parties are unable to agree upon a Joint Statement, the filing party is required to include a certification that no agreement could be reached.

Removing party must file Amended Notice of Removal with State Court Complaint as exhibit.

Source text: If a case is brought before this Court by way of a Notice of Removal, the party removing the action, if they have not done so in their original Notice of Removal, is required to file an Amended Notice of Removal, attaching the State Court Complaint as a separate exhibit, named consistent with the naming convention outlined for exhibits to motions, supra.

Parties with State Court Answer must docket it without revision within 21 days of removal.

Source text: Any party who has already filed an Answer in the underlying State Court Action must docket that Answer without revision within 21 days of removal.

Parties with pending State Court dispositive motions must reformat or withdraw within 21 days of removal.

Source text: Any party who has Preliminary Objections or some other dispositive motions pending in the State Court Action at the time of removal must, within 21 days, either: (1) reformat the preliminary objections or dispositive motion to be consistent with the Federal Rules of Civil Procedure, the Eastern District of Pennsylvania’s Local Rules, and this Court’s preference and place the same on the docket; or (2) file an Answer, which will be constituted as a withdrawal of the pending preliminary objections or dispositive motion (though not a waiver of any issue of law).

Settlement Conference Memorandum must be submitted 7 days in advance, confidential, not docketed, not shared with opposing counsel.

Source text: Seven days in advance of the conference the parties will be required to submit a confidential Settlement Conference Memorandum. This memorandum shall NOT be docketed and should NOT be shared with opposing counsel.

Pretrial Conference Memorandum must be submitted 7 days before Pretrial Conference.

Source text: Seven days prior to the Pretrial Conference counsel shall submit Pretrial Conference Memorandum, the requirements are attached here.

Three copies of trial exhibits required at commencement of trial.

Source text: Three copies of all exhibits expected to be introduced at trial are to be provided at the commencement of trial. (One copy will be used for the witness and retained for the record, one Court copy and one law clerk copy).

Only one attorney per party may examine each witness; only that attorney may object during opposing questioning.

Source text: Judge Weilheimer will not permit more than one attorney for a party to examine the same witness. The examining attorney is the only one permitted to raise objections during the opposing party’s questioning.

Local counsel must attend all appearances while pro hac vice motion is pending.

Source text: While a motion for leave to appear pro hac vice is pending, local counsel must be present at every appearance before the Court, including those held on the phone or virtually.

Pro hac vice counsel must review and comply with EDPA local rules and Judge's protocols.

Source text: Pro hac vice counsel is expected to review and comply with the EDPA local rules as well as Judge Weilheimer’s protocols.

Rule 26(f) Report must attach critical documents for court review.

Source text: The Rule 26(f) Report should attach critical documents for review by the Court (e.g., in a contract case, the document(s) comprising the contract; in a personal injury case, photographs of the scene, etc.).

All motions and pleadings must reference other documents by ECF number.

Source text: In all motions and pleadings, references to other documents on the docket, e.g. “Plaintiff’s Second Amended Complaint,” should identify those documents by their ECF number to facilitate retrieval.

MSJ motions cannot include unilateral Statements of Undisputed Facts; all facts must be in memorandum with record citations.

Source text: When filing a Motion for Summary Judgment, except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall unilaterally file a “Statement of Undisputed Facts” setting forth its interpretation of the record, or any separate “Statement of Facts” apart from its memorandum of law. All references to the facts must be contained within the party’s memorandum and cite to the record. Failure to abide by this instruction may result in the motion being denied or a filing being stricken.

Exhibits on ECF must be separately numbered attachments with objective descriptive titles.

Source text: Each document filed as an exhibit on ECF must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document (e.g., 6/14/19 Deposition of John Doe; 10/14/21 Letter from Smith to Jones; 3/15/20-3/23/20 Email Thread between Doe and Roe) so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file.

All filings must include a separate index of exhibits.

Source text: All filings must also separately include an index providing the above information.

Summary judgment motions cannot include separate Statements of Undisputed Facts; facts must be in the memorandum with record citations.

Source text: When filing a Motion for Summary Judgment, except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall unilaterally file a "Statement of Undisputed Facts" setting forth its interpretation of the record, or any separate "Statement of Facts" apart from its memorandum of law. All references to the facts must be contained within the party's memorandum and cite to the record.

Limited accessibility documents cannot be searched until initial search is complete.

Source text: electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed;

Each party must designate a single e-discovery liaison for all e-discovery requests and responses.

Source text: 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:

Parties must discuss e-discovery parameters at Rule 26(f) conference and be prepared to address e-discovery at Rule 16 scheduling conference.

Source text: 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 scheduling conference with the court.

Parties must disclose restrictions on electronic search scope and methods.

Source text: If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose any restrictions as to scope and method which might affect their ability to conduct a complete electronic search of the electronic documents.

Parties must agree on search methods and terms with e-discovery liaisons.

Source text: 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.

Parties must agree on timing and conditions for additional searches.

Source text: 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.

On-site inspections of electronic media are prohibited unless exceptional circumstances exist.

Source text: on-site inspections of electronic media under Fed.R.Civ.P.34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated.

If parties cannot agree on format, electronic documents must be produced as image files (PDF/TIFF).

Source text: If, during the course of the Rule 26(f) conference, 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).

Producing party must preserve document integrity, formatting, metadata, and revision history when producing image files.

Source text: 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.

Party must demonstrate particularized need to produce electronic documents in native format after initial image file production.

Source text: After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.

Parties must negotiate preservation agreement within 30 days of discovery.

Source text: Within the first thirty (30) days of discovery, 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.

Retention coordinators must prevent deletion/alteration of custodian emails and documents.

Source text: 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 maintained by the individual custodians shall not be altered;

Retention coordinators must disclose spam/virus filtering criteria; filtered documents are nonresponsive if criteria are reasonable.

Source text: 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 nonresponsive so long as the criteria underlying the filtering are reasonable.

Inadvertently produced privileged documents must be immediately returned or destroyed.

Source text: 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.

Parties must negotiate a preservation agreement within 30 days of discovery to segregate and preserve relevant electronic documents.

Source text: Within the first thirty (30) days of discovery, 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.

Unified proposed jury instructions and verdict form required.

Source text: d) Counsel must prepare one unified and agreed upon set of proposed jury instructions on substantive issues and one proposed verdict form or set of special interrogatories to the jury.

Pro hac vice motions require fee and CM/ECF registration within 7 days of admission

Source text: Counsel seeking admission pro hac vice should use the form available on the Courts website at https://www.paed.uscourts.gov/forms/forms-miscellaneous. Judge Pappert will deny pro hac vice motions for which no fee is submitted. Any lawyer admitted pro hac vice must register for the Court's CM/ECF system within seven days of the Order.

Exhibits must be separately numbered attachments with clear objective titles.

Source text: Each document filed as an exhibit must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document (e.g., 6/14/19 Deposition of John Doe; 10/14/21 Letter from Smith to Jones; 3/15/20-3/23/20 Email Thread between Doe and Roe) so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file.

Non-compliance with requirements may result in brief being stricken.

Source text: Failure to comply with any of these requirements may result in the brief or memorandum being stricken from the record and not considered by the Court.

Motions and responses must include an exhibit index.

Source text: All motions and responses shall include an index which clearly identifies and describes any exhibits.

Summary judgment motions must cite specific record references.

Source text: Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific references to the parts of the record that support the statements. Failure to cite specifically to the appropriate parts of the record may constitute grounds for denial of the requested relief.

All discovery must be completed before arbitration hearing.

Source text: The parties are expected to complete all discovery prior to the date of the arbitration hearing.

All stipulations of counsel required for final pretrial.

Source text: a) All stipulations of counsel.

Objections to evidence admissibility required with particularity.

Source text: b) A statement of objection to: (1) the admissibility of any exhibit based on authenticity; (2) the admissibility of any evidence expected to be offered for any reason (except objections to relevancy); (3) the adequacy of the qualifications of an expert witness expected to testify and (4) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701. Such objection shall describe with particularity the ground and the authority for the objection.

Deposition testimony citations required for trial.

Source text: c) Deposition testimony (including videotaped deposition testimony) that the party intends to offer during its case-in-chief. The statement should include citations to the page and line number and the opposing party’s counter-designations.

Jury instructions must be tailored and include accurate citations.

Source text: Proposed jury instructions must be tailored and personalized for the case and must include accurate quotes from, and citations to, cases and pattern jury instructions where appropriate.

Exhibits must be pre-marked, exchanged in advance, and included in a joint exhibit book with exhibit list. Two copies must be provided to Court at final pretrial conference.

Source text: Exhibits must be pre-marked and exchanged in advance of trial. In civil cases, the parties will prepare one joint exhibit book with all exhibits that counsel may use at trial. The joint exhibit book must contain an exhibit list briefly describing each exhibit. Counsel should provide two copies of the joint exhibit book to the Court at the final pretrial conference.

Witness may not testify about exhibit content until exhibit is admitted into evidence unless parties agree on admissibility.

Source text: Unless the parties have an agreement as to the admissibility of a proposed exhibit, a witness may not testify as to its content until it has been admitted into evidence.

Motions for judgment as matter of law (jury) and involuntary dismissal (non-jury) must be in writing; oral argument usually allowed.

Source text: 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. Oral argument on these motions is ordinarily permitted.

In non-jury cases, parties must submit proposed findings/conclusions as specified in Scheduling Order, with option to submit revised versions after trial.

Source text: In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order. 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. A schedule for the submission of revised findings of fact and conclusions of law will be discussed at the conclusion of trial.

For unavailable witnesses, Court expects oral or videotaped deposition to be used; unavailability not grounds for trial delay.

Source text: If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(4), 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. The unavailability of such witness will not be a ground to delay the commencement or progress of trial.

Parties must provide opposing parties with notice of expected lay opinion testimony under FRE 701 regarding liability or damages.

Source text: 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

Joint Rule 26(f) status report must be emailed to chambers 3 business days before Rule 16 conference

Source text: 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

Source text: 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.

All discovery must be completed before arbitration hearing.

Source text: The parties are expected to complete all discovery prior to the date of the arbitration hearing.

No discovery or dispositive motions after arbitration hearing.

Source text: 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.

Source text: 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.

Proposed jury instructions without citations will not be considered.

Source text: The court will not consider proposed instructions without citation to specific legal authority.

Proposed jury instructions and verdict forms due 10 days before trial.

Source text: 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.

Proposed jury instructions must be emailed to chambers.

Source text: Counsel should submit a copy of the proposed jury instructions to chambers via email.

Cited cases and model instructions must be accurately quoted with page references.

Source text: Cases and model jury instructions that are cited should be accurately quoted and a page reference should be provided.

Proposed findings and conclusions due 7 days before trial, emailed to chambers.

Source text: 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.

Source text: 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.

Proposed voir dire questions must be submitted in writing 7 days before trial.

Source text: Counsel should submit proposed voir dire questions in writing seven days before the trial date.

Motions in limine must typically be filed ten days before trial.

Source text: Judge Schmehl typically requires motions in limine to be filed ten days before trial.

Proposed findings of fact and conclusions of law must be submitted for TRO and injunction hearings.

Source text: Judge Schmehl requires submission of proposed findings of fact and conclusions of law for TRO and injunction hearings.

Motions for JMOL and involuntary dismissal must be in writing.

Source text: 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.

Proposed jury instructions must be submitted no later than ten days before trial via email to chambers.

Source text: 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 must be emailed to chambers at least seven days before trial.

Source text: 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.

Joint Status Report must be submitted to Chambers by email (preferred) or hard copy.

Source text: 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.

Source text: 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").

Do not attach as exhibits documents already on the docket.

Source text: Do not attach as exhibits any documents that are already on the docket.

Web pages relied upon must be attached as exhibits.

Source text: You must attach as exhibits copies of any web pages relied upon.

Extension requests must be ECF motions/stipulations showing good cause; lack of diligence defeats good cause.

Source text: 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.

Rule 12 motions to dismiss require meet-and-confer certification and discovery position statement.

Source text: 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.

Amended pleadings require a redline version showing changes.

Source text: Amended pleadings must always be accompanied by a redline version indicating the amendments that were made.

Joint Rule 26(f) report due 7 days before initial Rule 16 conference.

Source text: The parties must file a joint Rule 26(f) report no later than 7 days before the initial Rule 16 conference.

Rule 26(a)(1) initial disclosures due 14 days before initial Rule 16 conference.

Source text: The parties must exchange Rule 26(a)(1) initial disclosures no later than 14 days before the initial Rule 16 conference.

Discovery motions must include detailed proposed orders with specific relief.

Source text: 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.

Local Rule 26.1 certification must be specific and substantive or relief will be barred.

Source text: The Local Rule 26.1 certification should be specific and substantive. Failure to do so will usually bar relief.

Summary judgment motion must include jointly prepared consolidated statement of facts and joint set of exhibits

Source text: 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.

Moving party must file consolidated statement of facts and joint exhibits with summary judgment motion

Source text: The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion.

Proposed verdict sheets and jury instructions must be filed 7 days before final pretrial conference

Source text: 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:

Plaintiff must serve draft jury instructions and verdict sheet 14 days before filing deadline

Source text: 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.

Defendant must respond to draft jury instructions within 7 days with redline and comments

Source text: 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.

Parties must meet and confer, then file single set of jury instructions with alternative language

Source text: 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.

Word versions of jury instructions must be emailed to chambers with redlines and comments

Source text: 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).

Final pretrial conference must cover memorandum, motions, objections, jury instructions, exhibits, and trial logistics

Source text: 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.

Dismissal requests for settled cases must be filed on the docket under Local Rule 41.1(b).

Source text: A request — filed on the docket — for a dismissal under Local Rule 41.1(b) because the case has settled.

Exhibits must be filed as separate documents with descriptive names; single "Exhibits" file will be struck.

Source text: When submitting exhibits via ECF, Parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If the Court receives a filing with a single document marked “Exhibits,” it will strike the filing. In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document. Thus, it is not sufficient to label a file “Exhibit A.” Instead, the name should be “Exhibit A: Contract,” “Exhibit B: Declaration of John Smith,” or some other reference to permit the Court to identify what the exhibit is without having to open the file.

Submit written motion for pro hac vice admission.

Source text: To be admitted pro hac vice, associate counsel of record should submit a written motion for admission.

Pro hac vice motions without fee will be denied.

Source text: The Court will deny pro hac vice motions for which no fee has been submitted and recorded on the docket.

Lead trial counsel must attend Rule 16 conference in person.

Source text: Lead trial counsel must attend the Rule 16 conference in person.

Joint status report required 7 days before pretrial conference.

Source text: At least seven calendar days prior to the pretrial conference, counsel must submit to chambers a joint status report pursuant to Federal Rule of Civil Procedure 26(f).

Parties must use Court's sample Rule 26(f) form.

Source text: The parties must use the Court’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.

Parties must address all Rule 16 topics and settlement proposals at initial pretrial conference.

Source text: At the initial pretrial conference, the parties should be prepared to address all topics listed in the Local Rule of Civil Procedure 16.1(b) and Federal Rule of Civil Procedure 16(b) and (c), the progress of initial disclosure under Federal Rule of Civil Procedure 26(a) and any settlement or mediation proposals.

Lead counsel must participate in Rule 26 and attend Rule 16 conferences.

Source text: Lead counsel shall participate in the Rule 26 conference, attend the Rule 16 conference, and be deemed lead counsel for all future proceedings.

Lead counsel must attend all court proceedings.

Source text: A designation of 'lead counsel' will mean that counsel will attend all court proceedings.

Final Pretrial Conference within 10 days of trial.

Source text: There will be a final Pretrial Conference within ten days of the trial.

Pretrial memorandum must comply with Local Rule 16.1.

Source text: Counsel shall comply with Local Rule 16.1 regarding the submission of a pretrial memorandum.

Pretrial memoranda due 10 days before Pretrial Conference.

Source text: Unless otherwise specified in a scheduling order, these memoranda shall be filed no later than then ten days prior to the Pretrial Conference.

Stipulations and proposed orders must be emailed to chambers, not the Clerk.

Source text: Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be emailed to chambers rather than sent to the Clerk of Court.

Replies and sur-replies require leave of court and must address only new issues.

Source text: Replies and sur-replies are not permitted unless leave to file them is granted upon motion of a party. Such briefs should be attached to a motion for leave as an exhibit, must be concise and address only new issues raised by opposing counsel. The Court discourages any replies or sur- replies that repeat or rehash previous arguments.

Movant must file statement of undisputed facts with summary judgment motion.

Source text: The movant shall file, in support of the motion for summary judgment, a separate “statement of undisputed facts” that set forth, in numbered paragraphs, all material facts the movant contends are undisputed.

Respondent must file statement of disputed facts opposing summary judgment motion.

Source text: The respondent shall file, in opposition to the motion for summary judgment, a separate “statement of disputed facts” responding to the numbered paragraphs set forth in the movant’s statement of undisputed facts.

Respondent must include statement of additional facts with summary judgment opposition.

Source text: The respondent shall also set forth, in separate paragraphs under the heading “statement of additional facts,” any additional facts which the respondent contends preclude summary judgment.

Undisputed facts deemed admitted unless controverted.

Source text: All material facts set forth in the statement of undisputed facts will be deemed admitted unless specifically controverted by the opposing party.

Facts disputed without evidence are deemed admitted.

Source text: If a party disputes a fact without citing supporting evidence, the fact will be deemed admitted.

Fact statements must include specific record citations with title, page, and line.

Source text: Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record which support each of the statements. Each stated fact and each statement that a material fact is disputed shall cite to the source relied upon, including the title, page and line of the document supporting the statement.

Movant must file appendix with all cited evidence.

Source text: The movant shall file an appendix containing all the evidence to which the movant refers in its motion.

Respondent must file supplemental appendix with additional evidence.

Source text: The respondent shall file a supplemental appendix containing any additional evidence to which the respondent refers in its response.

Evidence not in timely filed, properly formatted appendix will not be considered.

Source text: Judge Gallagher will not consider any evidence not included in a timely filed and appropriately formatted appendix.

Non-compliance with appendix procedures results in denial or uncontested consideration.

Source text: A movant's failure to follow the foregoing procedures for dispositive motions in all respects will result in a denial of the motion. Respondent's failure to comply with these procedures in all respects will result in the Court's considering the motion uncontested.

Discovery dispute letters must be filed on ECF.

Source text: Counsel should provide the Court with a brief letter explaining the discovery dispute and requesting a conference. Such letters should be filed on ECF.

Discovery motion certificate must detail verbal efforts to resolve dispute.

Source text: In a filed discovery motion, the certificate of counsel must provide specific details about the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.

Must provide specific details of informal resolution efforts, not just 'reasonable efforts'.

Source text: It is not sufficient to report that opposing counsel was not available or that the parties made 'reasonable efforts.'

Discovery motions lacking required informal resolution details will be denied.

Source text: The Court will deny a discovery motion that does not meet these requirements.

All discovery motions must include certification under Local Civil Rule 26.1(f).

Source text: All motions must contain the certification required under Local Civil Rule 26.1(f).

Privilege logs must provide sufficient information for opposing party to evaluate privilege claims.

Source text: Parties preparing privilege logs must provide information sufficient for the opposing party to determine the basis for the assertion of privilege.

Privilege logs must describe specific withheld emails, not just top-level emails in string.

Source text: For claims of privilege covering multiple e-mails, the party asserting privilege must describe the specific e-mails that are being withheld, as opposed to only the e-mail at the top of the e-mail string, and the basis for withholding each e-mail.

Pretrial memoranda must follow Local Rule 16.1(c) and include specific items.

Source text: Unless otherwise ordered by the Court, the pretrial memorandum should be prepared in accordance with the provisions of Local Rule of Civil Procedure 16.1(c) and should also include the following items:

Pretrial memoranda must include all stipulations of counsel.

Source text: 1. All stipulations of counsel.

Pretrial memoranda must include specific evidentiary objections with particularity.

Source text: 2. A statement of objection to: (1) the admissibility of any exhibit based on authenticity; (2) the admissibility of any evidence expected to be offered for any reason except relevancy; (3) the adequacy of the qualifications of an expert witness expected to testify; and (4) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701. These objections must describe with particularity the ground and the authority for the objection.

Pretrial memoranda must identify deposition testimony with citations.

Source text: 3. An identification of deposition testimony (including videotaped deposition testimony) that the party intends to offer during its case-in-chief. The statement should include citations to the page and line number and the opposing party’s counter-designations.

Pretrial memoranda must include anticipated legal issues and best authority.

Source text: 4. A statement of any anticipated important legal issues on which the Court will be required to rule as well as counsel’s single best authority on the issue.

Proposed findings of fact and conclusions of law must be submitted at least 7 days before trial in non-jury cases.

Source text: Proposed findings of fact and conclusions of law in non-jury cases should be submitted at least seven days before the trial date.

Voir dire questions must be submitted to deputy clerk at least two days before jury selection.

Source text: Counsel must submit voir dire questions to the deputy clerk at least two days before jury selection. Insofar as counsel agree that certain questions should be asked, they may submit a list of those questions jointly. Insofar as counsel do not agree upon any questions, they may submit those questions independently. The Court will then review all the questions submitted and determine which will be asked.

Civil cases require joint exhibit binders with all trial exhibits, including contested ones.

Source text: In civil cases, after exhibits have been exchanged, the parties must prepare joint exhibit binders containing all the exhibits counsel may use at trial, including those for which admissibility remains contested. Exhibits that are ruled inadmissible will simply not be used but need not be extracted from the binder.

Witnesses cannot testify about exhibit content until it's admitted into evidence.

Source text: Unless the parties have an agreement as to the admissibility of a proposed exhibit, a witness may not testify as to its content until it has been admitted into evidence. But the Court strongly encourages counsel to reach agreements before trial as to the admissibility of exhibits.

For unavailable witnesses, the Court expects oral or videotaped depositions to be used at trial.

Source text: 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.

Proposed voir dire questions must be submitted 7 days before trial.

Source text: Counsel should submit proposed voir dire questions in writing seven days before the trial date.

Government must file pre-trial memorandum 7 days before trial with specific content requirements.

Source text: At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.

Joint proposed jury instructions and verdict forms required.

Source text: The Court will generally require the parties to submit a joint proposed set of jury instructions and verdict forms.

Submission must indicate agreed and contested jury instructions and verdict forms.

Source text: Counsel’s submission must indicate which instructions and forms have been agreed upon and which remain contested.

Disputed jury instructions require concise statements of each party's position and supporting authorities.

Source text: Insofar as the parties disagree on any proposed jury instruction, the joint submission should contain a concise statement that identifies each party’s position on the instruction, the reasons supporting the party’s position, and citation to the best authorities supporting each party’s position.

Government must submit guilty plea memorandum at least 7 days before plea hearing with specific required content.

Source text: The Government must submit a guilty plea memorandum at least seven 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.

Sentencing motions due 14 days before hearing; responses due 7 days before. Sentencing memoranda due 7 days before; responses due 3 days before.

Source text: Any sentencing motions shall be submitted at least fourteen days prior to the sentencing hearing, and any responses thereto must be filed at least seven days prior to the sentencing date. All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.

Sentencing memoranda (non-motion) due 7 days before sentencing; responses due 3 days before.

Source text: All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.

Pro hac vice applications must be submitted in writing using Court website forms with signed affidavit of good standing.

Source text: Judge Younge expects applications for pro hac vice admissions to be submitted in writing using the forms found on the Court's website at www.paed.uscourts.gov. He requires the attorney seeking such admission to (1) submit the signed affidavit or certification stating that he or she is a member in good standing of the bar of another jurisdiction.

Objections must be stated briefly in one word or phrase, not as speaking objections.

Source text: Judge Younge does not permit speaking objections in front of a jury. Counsel should give the basis for the objection in a word or phrase (e.g., “hearsay”).

Continuing objections are not permitted; each objection must be stated separately.

Source text: Judge Younge does not allow “continuing objections”; counsel must state every objection for the record.

Only one attorney per party may examine each witness.

Source text: Judge Younge does not permit more than one attorney for a party to examine the same witness.

Clerk distributes exhibits to jurors; counsel must not approach jury unless permitted.

Source text: Judge Younge will always have a clerk in the courtroom during a jury trial who will give the jurors any exhibits or other items that counsel requests be given to them. Counsel should never approach the jury to distribute exhibits unless permitted by Judge Younge.

No extended conversations or arguments with opposing counsel or Court in front of jury without permission.

Source text: Opposing counsel should not engage in extended conversations with each other in front of a jury without the Court’s permission. The Court will allow counsel to have a private conversation if it is requested and efficient. However, lawyers absolutely should never argue with either opposing counsel or the Court in front of the jury.

Closing arguments begin immediately after close of evidence.

Source text: Counsel should be prepared to begin closing arguments immediately following the close of all evidence.

Submit proposed jury instructions; cooperate on joint instructions.

Source text: Judge Younge has standard instructions that he reads to the jury in all cases. However, Counsel are also expected to submit proposed jury instructions. Counsel are expected to meet and discuss proposed jury instructions for the purpose of submitting agreed-upon jury instructions and verdict forms. Counsel are expected to cooperate in the preparation of joint proposed instructions. Submitting a proposed point for charge does not constitute a waiver of objections. Counsel are instructed to work on proposed instructions regardless of counsel’s position with respect to a point’s applicability. If the Court sustains an objection to an instruction, it will not be submitted to the jury. Objections to jointly submitted points will be discussed and ruled upon at the charging conference.

Submit jury instructions before trial; objections at charging conference.

Source text: Counsel should submit their proposed jury instructions to the Court prior to the start of trial. After the close of evidence and prior to the beginning of closing arguments, Judge Younge will conduct a charging conference where he will go over each requested jury instruction. Counsel must place objections to jury charges on the record as Judge Younge rules on each request.

Counsel must be within 15 minutes of courthouse during jury deliberations.

Source text: Counsel must be available in case questions arise from the jury during its deliberations. Judge Younge prefers counsel to be within 15 minutes distance of the courthouse during jury deliberations.

Discovery must commence immediately upon Rule 16 conference scheduling order.

Source text: Judge Younge requires the parties to commence discovery immediately upon receipt of the Order scheduling the Rule 16 conference, and he expects the parties to conduct substantial discovery before the Rule 16 conference.

Rule 26(f) report must be filed with Clerk at least 5 business days before Rule 16 conference.

Source text: Without exception, counsel must, at least five business days prior to the Rule 16 conference, file with the Clerk of Court a completed report of their Rule 26(f) meeting.

Proposed order required with every motion and response.

Source text: Judge Younge requires a proposed order to be filed along with every motion and response.

Discovery motions must include certification under Local Civil Rule 26.1(f).

Source text: As a reminder, all discovery motions must contain the certification required under Local Civil Rule 26.1(f).

Summary judgment motions must include complete and accurate citations to the record.

Source text: All summary judgment motions and oppositions to such motions must contain a recitation of facts with complete and accurate citation to the record.

Separate statements of material facts required for summary judgment motions.

Source text: To this end, Judge Younge requires the parties to file separate statements of material facts (i.e., not simply a factual narration section of a brief), as follows:

Moving party must file Statement of Undisputed Material Facts in numbered paragraphs.

Source text: Any motion summary judgment shall include a separate Statement of Undisputed Material Facts which sets forth, in numbered paragraphs, the material facts that the moving party contends are undisputed and entitle the movant to judgment as a matter of law.

Opposing party must file Statement of Undisputed/Disputed Material Facts responding to moving party's numbered paragraphs.

Source text: The papers opposing a motion for summary judgment shall include a separate Statement of Undisputed and/or Disputed Material Facts that responds to the numbered paragraphs set forth in the moving party's Statement of Undisputed Material Facts, either admitting those facts are undisputed, or contending they are disputed and, as such, are genuine issues to be tried.

Responding party may include Additional Disputed Material Facts in separate numbered paragraphs.

Source text: The responding party may also set forth, in separate numbered paragraphs, any Additional Disputed Material Facts which the respondent contends preclude summary judgment.

Moving party has 7 business days to respond to additional disputed facts.

Source text: If a responding party sets forth additional disputed material facts, the moving party shall, within 7 business days, file a response either admitting those facts are disputed, or contending they are undisputed and, as such, are not genuine issues to tried.

Facts not addressed by opposing party are deemed admitted.

Source text: Without exception, all facts set forth shall be deemed admitted unless addressed by the opposing party as set forth herein

All facts must be supported by specific citations to the record with pinpoint citations required.

Source text: The Court will not consider any description of a fact that is not supported by citation to the record. Statements of Material Facts in support of or in opposition to a motion for summary judgment must include specific and not general references to the parts of the record that support each of the statements, such as the title of or numbered reference to a document, the name of a deponent and the page(s) of the deponent's deposition, or the identity of an affidavit or declaration and the specific paragraph relied upon. Pinpoint citations are required.

Failure to follow summary judgment procedures will result in stricken motion.

Source text: Summary judgment motion practice that fails to follow these procedures to the Letter will be stricken.

Two copies of proposed points for charge and jury interrogatories required in Word format with disk.

Source text: Parties shall submit to the Court two copies of proposed points for charge and special Jury interrogatories, along with a disk containing the documents. Documents must be submitted in Microsoft Word format - .pdf format is not acceptable.

One copy of each exhibit and two copies of exhibit schedule required, plus additional copy at trial.

Source text: The parties shall provide the Court with one copy of each exhibit and two copies of a schedule of exhibits which shall describe each exhibit. At trial, the parties shall provide the Court an additional copy of each exhibit. Exhibits shall be arranged and tabbed in a binder.

Proposed findings of fact and conclusions of law required in injunction cases.

Source text: Judge Younge requires the submission of proposed findings of fact and conclusions of law in injunction cases, in accordance with Fed. R. Civ. P. 52(a).

Stipulation of uncontested facts and proposed findings required in non-jury trials.

Source text: In a non-jury trial, the parties shall file a stipulation of uncontested facts. Each party shall submit proposed findings of fact and conclusions of law.

Proposed findings and conclusions must be filed within 2 days after motion hearing.

Source text: Counsel for the moving party is required to file proposed findings of fact and conclusions of law no later than two days after a motion hearing.

Proposed points for charge and verdict form must be submitted 3 weeks before trial in Word format.

Source text: At least three weeks before the case is listed for trial, the parties shall submit to the Court two copies of proposed points for charge and proposed jury verdict form, along with a disk containing the documents. Documents must be submitted in Microsoft Word format - .pdf format is not acceptable.

Proposed points for charge must include legal citations.

Source text: Proposed points for charge should be accompanied by appropriate citations of legal authority.

Government must file trial memorandum 3 weeks before trial with required elements.

Source text: At least three weeks before the case is listed for trial, the government shall file a trial memorandum. At a minimum, the trial memorandum shall specify the essential elements of the crime(s) charges, discuss any anticipated evidentiary issues, and contain a witness list.

Government must file guilty plea memorandum 14 days before plea with required elements.

Source text: Judge Younge requires the government to submit a guilty plea memorandum no later than fourteen (14) days prior to the guilty plea date. A guilty plea memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such.

Guilty plea memoranda must be filed with Clerk and sent to Judge Younge's Criminal Court Deputy in Word format.

Source text: In addition to filing a guilty plea memorandum with the Clerk of Court – and unless the matter is sealed – counsel shall simultaneously send a digital copy of the same in Microsoft Word format directly to Judge Younge’s Criminal Court Deputy, Mr. Sean Armstead. Counsel’s failure to strictly adhere to this protocol will likely result in sanctions.

Motions for downward departure/variance must be filed with Clerk and sent to Judge Younge's Criminal Court Deputy in Word format.

Source text: In addition to filing any such motions or response thereto with the Clerk or Court – and unless the matter is sealed – counsel shall simultaneously send a digital copy of same in Microsoft Word format directly to Judge Younge’s Criminal Court Deputy, Mr. Sean Armstead. Counsel’s failure to strictly adhere to this protocol will likely result in sanctions.

Sentencing memoranda must be filed with Clerk and sent to Judge Younge's Criminal Court Deputy in Word format.

Source text: In addition to filing sentencing memoranda with the Clerk of Court – and unless the matter is sealed – counsel shall simultaneously send a digital copy of same in Microsoft Word format directly to Judge Younge’s Criminal Court Deputy, Mr. Sean Armstead. Counsel’s failure to strictly adhere to this protocol will likely result in sanctions.

Motions for downward departure or variance must be filed at least 14 days before sentencing.

Source text: A motion for downward departure or variance must be filed no later than fourteen (14) days prior to the sentencing date.

Sentencing memoranda must be filed at least 14 days before sentencing.

Source text: Judge Younge requires both the government and the defendant to submit sentencing memoranda no later than fourteen (14) days prior to the sentencing date.

Certificate of concurrence or non-concurrence must be attached to motion to seal.

Source text: A certificate of concurrence or non-concurrence must be attached.

Each motion must include a proposed order.

Source text: A proposed order shall accompany each motion or other request for relief.

All motions must include a Certificate of Concurrence or Non-Concurrence.

Source text: All motions shall be accompanied by a Certificate of Concurrence or Non-Concurrence.

Stipulations are not effective until approved by the Court

Source text: Stipulations are not effective until approved by the Court.

Motion certification required stating good faith efforts to resolve discovery dispute.

Source text: If the parties are directed by the Court to file a motion, counsel must certify as part of the motion that all counsel have already made a good faith effort to resolve the issue themselves as required by Local Rule of Civil Procedure 26.1.

Moving party must exchange witness and exhibit information 4 business days before injunction hearing.

Source text: The following are to be exchanged by counsel, and filed with the Court in advance of any hearing on a preliminary or permanent injunction: (a) No later than four (4) business days before the hearing, the moving party shall furnish to all opposing parties the names, addresses, and employers of all witnesses, a summary of testimony to be presented by each witness, any affidavits to be filed in connection with the hearing, and copies of all exhibits to be submitted at the hearing.

Non-moving party must exchange witness and exhibit information 2 business days before injunction hearing.

Source text: (b) No later than two (2) business days before the hearing, the non-moving party shall furnish to the moving party the names, addresses, and employers of all witnesses, a summary of testimony to be presented by each witness, any affidavits to be filed in connection with the hearing, and copies of all exhibits to be submitted at the hearing.

Proposed findings of fact and conclusions of law required for TRO and injunction hearings.

Source text: The parties are required to submit proposed findings of fact and conclusions of law for TRO and injunction hearings.

Summary judgment motions must include a separate statement of undisputed material facts.

Source text: Any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure must be accompanied by a separate, short, and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.

Summary judgment facts must be cited to specific record portions with exhibit, page, and line numbers.

Source text: The moving party shall accompany each factual assertion with a citation to the specific portion(s) of the record that support the assertion, including the exhibit, page, and line numbers.

Deposition transcripts must be attached to summary judgment motions when cited.

Source text: When a factual assertion cites to a deposition transcript, counsel shall attach a copy of the entire transcript containing the cited testimony to the motion.

Opposition to summary judgment must respond to each undisputed fact paragraph.

Source text: A party opposing a motion for summary judgment shall file a separate, short, and concise statement responding to the numbered paragraphs set forth in the moving party’s statement of undisputed facts and shall either concede the facts as undisputed or state that a genuine dispute exists.

Opposition to summary judgment must cite specific record portions for disputed facts.

Source text: If the opposing party asserts a genuine dispute exists as to any fact, the party shall cite to the specific portion(s) of the record that create the dispute, including the exhibit, page, and line number.

Opposition to summary judgment must include additional material facts in enumerated paragraphs.

Source text: The opposing party shall also set forth in enumerated paragraphs any additional material facts that the party contends preclude summary judgment.

Deposition transcripts must be attached to summary judgment opposition when cited.

Source text: When a factual assertion cites to a deposition transcript, counsel shall attach a copy of the entire transcript containing the cited text.

Proposed order must be narrowly tailored and identify sealable material in table format.

Source text: The proposed order must be narrowly tailored to seal only the sealable material and must clearly identify, in table format, each document (or portion thereof) that is sought to be sealed.

Joint jury instructions must quote/cite model instructions and conform to Third Circuit Model Jury Instructions unless compelling reason to deviate.

Source text: One (1) copy of joint proposed jury instructions on substantive issues, which shall accurately quote or cite, as applicable, model jury instructions or case citations from which the instructions were derived, and proposed verdict forms (or special interrogatories). The proposed instructions shall conform to the Third Circuit's Model Jury Instructions, if applicable, unless there is a compelling argument for deviation.

Non-agreed jury instructions must be marked to show specific words of disagreement.

Source text: Each party shall submit one (1) copy of proposed jury instructions and verdict forms (or special interrogatories) on those issues not agreed upon by the parties in their joint submission, all of which shall be marked to show the specific words on which the parties do not agree.

Briefs must include specific sections in order: Statement of Facts, Questions Involved, Summary of Argument, Argument, Conclusion, Proposed Order

Source text: All briefs shall consist of the following matters, separately and distinctly titled and in the following order: (a) Statement of Facts (b) Statement of the Questions Involved (c) Summary of Argument (d) Argument (e) Short conclusion stating the precise relief sought (f) Proposed Order that would grant the precise relief sought

Briefs must cite record with exhibit, page, and line numbers

Source text: When referring to the record, all briefs must specify the relevant exhibit, page, and line numbers.

Reply briefs must be filed within 7 days of opposition service

Source text: Parties shall file a reply brief no later than seven (7) days after the opposition is served.

Each motion must include a proposed order formatted for judge's signature

Source text: A proposed order shall accompany each motion or other request for relief. The order shall be formatted for the Judge’s signature (for example, do not include the word “proposed” in the text of the order).

Government must file guilty plea memorandum 7 days before plea hearing

Source text: At least seven (7) calendar days prior to the plea hearing, the Government must file a guilty plea memorandum.

Guilty plea agreement must be submitted 7 days before plea hearing

Source text: A copy of the acknowledgment of rights and guilty plea agreement, if any, must also be submitted to the court at least seven (7) calendar days prior to the plea hearing, and may be emailed to the Criminal Deputy Clerk.

Guilty plea agreement must specify plea type

Source text: The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere.

Guilty plea agreement must disclose plea type under Rule 11(c)(1)

Source text: The guilty plea agreement also must disclose to the defendant and the Court whether the plea is entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C).

Guilty plea agreement must advise defendant of punishments and appellate rights

Source text: The guilty plea agreement should advise the defendant of the maximum punishments, of any mandatory minimum punishments, and of his appellate rights.

Government's guilty plea memorandum must include offense elements, penalties, plea terms, and factual basis

Source text: The Government’s guilty plea 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 and any mandatory minimum punishments for each offense, the terms of any plea agreement, and the factual basis for the plea.

Contraband evidence must be maintained by law enforcement when court is not in session.

Source text: In all cases where money, firearms, narcotics, controlled substances or any matter of contraband is introduced into evidence, such evidence shall be maintained for safekeeping by law enforcement during all times when court is not in session, and at the conclusion of the case.

Parties must maintain custody of released exhibits until final disposition of appeals and retrials.

Source text: Counsel shall maintain custody of all released exhibits in its possession until the final disposition of all appeals and retrials, if any.

Unclaimed exhibits will be destroyed after 72 hours.

Source text: Any exhibits that are not picked up within seventy-two (72) hours thereafter will be destroyed.

Proposed findings of fact must cite specific transcript pages and lines.

Source text: If the parties are directed to file proposed findings of fact and conclusions of law, all proposed findings of fact shall cite to specific pages and lines of the transcript where the proposed findings of fact appear.

Parties must attend in-person settlement conferences with full settlement authority.

Source text: Judge Leeson requires that a party or party’s representative with knowledge of the case and full and binding settlement authority attend the chambers conference in person.

Settlement conference memorandum required one week before conference, max 3 pages.

Source text: Judge Leeson requires counsel to submit, for his confidential review, a brief written settlement conference memorandum one week before any scheduled in-person settlement conference or telephone settlement conference, which shall not exceed three (3) pages in length.

Settlement conference memoranda must be emailed to chambers in Word format, not filed with clerk or ECF

Source text: Settlement conference memoranda are not to be filed with the Clerk of Court or filed electronically through the Court’s Electronic Case Filing (ECF) System. Instead, each memorandum must be sent to chambers, via e-mail in Microsoft Word format, at: Chambers_of_Judge_Joseph_F_Leeson_Jr@paed.uscourts.gov

Moving party must file consolidated statement of facts and joint exhibits with summary judgment motion.

Source text: The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion.

Pro hac vice motions require fee, form from website, and CM/ECF registration within 7 days.

Source text: Counsel seeking admission pro hac vice should use the form available on Judge Wolson's website. Judge Wolson will deny pro hac vice motions for which no fee is submitted. Any lawyer admitted pro hac vice must register for the Court's CM/ECF system within seven days of the Order. If a lawyer fails to register, Judge Wolson will sua sponte cancel the pro hac admission. Judge Wolson will not mail orders to lawyers admitted pro hac vice who do not register for CM/ECF.

Affirmative defenses must have good faith basis; prophylactic defenses prohibited; entire answer struck if violated.

Source text: Parties are reminded that Fed. R. Civ. P. 11 only permits parties to assert affirmative defenses for which they have a good faith basis. Parties may not assert affirmative defenses prophylactically. If a party asserts affirmative defenses without a good faith basis, then Judge Wolson will strike the entire answer.

No additional discovery allowed after arbitration.

Source text: Judge Wolson does not permit additional discovery after the arbitration.

Rule 26(f) joint status report due 7 days before Rule 16 conference via email.

Source text: A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven (7) days prior to the Rule 16 conference and must be submitted to Judge Wolson via email.

Must use Judge Wolson's specific Rule 26(f) form.

Source text: The parties must use Judge Wolson’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference. This form is also available on Judge Wolson’s page on the Court’s website.

Lead counsel must attend all conferences and deliver opening/closing statements.

Source text: Lead counsel shall participate in the Rule 26 conference, attend the Rule 16 conference, and be deemed lead counsel for all future proceedings. A designation of “lead counsel” will mean that counsel will attend all court proceedings and will deliver an opening statement and closing argument at trial, absent a written request from the client to have someone else perform those tasks.

No pretrial conference for arbitration cases; complete discovery before arbitration.

Source text: Judge Wolson will generally not conduct a pretrial conference for cases that are assigned to the Court’s arbitration track. Judge Wolson expects the parties to complete all discovery prior to the date that the Clerk of Court assigns for the arbitration. Counsel may seek the assistance of Judge Wolson, if necessary, to complete discovery in advance of the scheduled arbitration date.

Stipulations and proposed orders must be emailed to Chambers, not Clerk.

Source text: Contrary to Local Civil Rule 5.1.2(10), parties must email all stipulations and proposed orders to Chambers rather than send them to the Clerk of Court.

Summary judgment motions require joint consolidated statement of facts and joint exhibit set.

Source text: 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.

Co-parties must file joint motions unless there are clear conflicts; page limits apply to joint pleadings.

Source text: When multiple plaintiffs or defendants appear in a case, they must file joint motions with their co-parties unless there are clear conflicts in their position. The applicable page limits for individual parties shall apply for joint pleadings absent leave of Court.

Parties cannot incorporate by reference arguments from other briefs; must include arguments directly.

Source text: Parties may not incorporate by reference arguments from other briefs in the case, including briefs filed by other parties or briefs filed earlier in the case. If a party needs to repeat an argument that was made earlier in the case, then that party must include the

Discovery motions must include discovery requests and written responses.

Source text: All discovery motions must attach the discovery requests at issue, as well as the written response.

Government continuance requests without defendant waiver require hearing.

Source text: For a Government continuance request, where the defendant will not sign a waiver, Judge Wolson will hold a hearing.

Discovery motion certificate must detail verbal efforts to resolve dispute informally.

Source text: In filing a discovery motion, the certificate of counsel must provide specific details of the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not

Discovery motions lacking required informal resolution efforts will be denied.

Source text: Judge Wolson will deny a discovery motion that does not meet these requirements.

Discovery motions must include certification under Local Civil Rule 26.1(f).

Source text: All motions must contain the certification required under Local Civil Rule 26.1(f).

Privilege logs must describe specific withheld emails and basis for privilege.

Source text: Parties preparing privilege logs must provide information sufficient for the opposing party to determine the basis for the assertion of privilege. For claims of privilege covering multiple e-mails, the party asserting privilege must describe the specific e-mails that are being withheld, as opposed only to the e-mail at the top of the e-mail string, and the basis for withholding each e-mail.

Continuance motions require proposed order with Speedy Trial Act findings.

Source text: Any such motion must be accompanied by a proposed order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161. The order shall include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.

Protective orders and confidentiality agreements must be requested by motion, not stipulated orders, and must comply with Avandia and Pansy case law.

Source text: Any request for a protective order or approval of a confidentiality agreement must be made by motion. Judge Wolson will not accept stipulated proposed orders in lieu of a motion. All such motions must satisfy the requirements of In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 924 F.3d 662 (3d Cir. 2019) and Pansy v. Borough of Stroudsberg, 23 F.3d 772 (3d Cir. 1994).

Pretrial memoranda must include all LR 16.1(c) matters and party's position on trial time limits.

Source text: When Parties submit pretrial memoranda, they must include all matters set forth in Local Rule of Civil Procedure 16.1(c), as well as the party’s position on whether Judge Wolson should impose time limits on each side’s trial presentation and, if Judge Wolson does impose a time limit, what that limit should be.

In civil bench trials, parties must file expert affidavits at least 7 days before trial.

Source text: In civil bench trials, each Party shall file on the docket at least seven (7) days in advance of trial a copy of an affidavit constituting the direct testimony or each expert witness that the party will call as part of its case in chief.

Continuance motions require a speedy trial waiver.

Source text: Any motion for a continuance of a trial date must be accompanied with a speedy trial waiver.

Briefs over 10 pages require a table of contents.

Source text: Any briefs longer than ten (10) pages must include a table of contents.

Substantive arguments in footnotes will not be considered or preserved.

Source text: The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will it deem those arguments preserved.

Citations to docket documents must use ECF numbers.

Source text: In all written submissions to Judge Wolson, citations to documents on the docket, e.g., “Indictment,” should identify those documents by ECF number.

Continuance requests by letter are not permitted.

Source text: Judge Wolson does not permit continuance requests by letter.

Government must file pre-trial memorandum at least 7 days before trial.

Source text: At least seven (7) days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.

Government must file guilty plea memorandum at least 3 days before plea hearing.

Source text: The Government must submit a guilty plea memorandum at least three (3) days prior to the change of plea hearing.

Government must include restitution information in sentencing memorandum.

Source text: If a defendant is responsible for restitution, then the Government must submit information in its sentencing memorandum to enable Judge Wolson to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount.

Government agencies must respond to prisoner motions/objections within 14 days in habeas matters.

Source text: In all habeas corpus matters, Judge Wolson will not pre-screen prisoner submissions to determine if it requires a response. Instead, Judge Wolson expects the relevant Government agency (whether a County, the Commonwealth, the United States, or otherwise) to respond to motions or objections within 14 days, absent a Court-ordered extension.

Briefs exceeding 10 pages must include a table of contents as a structural requirement.

Source text: Any briefs longer than ten (10) pages must include a table of contents.

Summary judgment motions must be accompanied by a joint statement of facts and joint exhibit set.

Source text: 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.

All motions must include the certification required by Local Civil Rule 26.1(f).

Source text: All motions must contain the certification required under Local Civil Rule 26.1(f).

Discovery motion certificates must detail informal resolution efforts including verbal communications.

Source text: In filing a discovery motion, the certificate of counsel must provide specific details of the parties' efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person.

Discovery motions must attach the discovery requests at issue and the written response.

Source text: All discovery motions must attach the discovery requests at issue, as well as the written response.

Government must file pre-trial memorandum 7 days before trial with specific required content.

Source text: At least seven (7) days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness's testimony, and any legal issues.

Government must file guilty plea memorandum 3 days before change of plea hearing with specific required content.

Source text: The Government must submit a guilty plea memorandum at least three (3) 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 and any applicable minimum statutory penalties for each offense, the terms of any plea agreement, and the factual basis for the plea.

Sentencing motions and memoranda have specific filing deadlines: motions 7 days before, responses to 5K1.1 motions 7 days before, sentencing memoranda 7 days before, and responses to sentencing memoranda 3 days before sentencing.

Source text: Sentencing motions and supporting memoranda must be filed at least seven (7) days prior to the scheduled sentencing date. Responses to any sentencing motions must pursuant to U.S.S.G. § 5K1.1 shall be filed no later than seven (7) days prior to sentencing. Sentencing memoranda (exclusive of motions) must be filed no later than seven (7) days prior to the scheduled sentencing date, and any response(s) thereto must be filed at least three (3) days prior to the scheduled sentencing date.

When restitution is sought, Government's sentencing memorandum must include victim information, loss amounts, and documentary support.

Source text: If a defendant is responsible for restitution, then the Government must submit information in its sentencing memorandum to enable Judge Wolson to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount.

Record citations must include exhibit, page, and line numbers.

Source text: When referring to the record in the briefing on any motion, counsel must specify the relevant exhibit, page, and line numbers.

Summary judgment motions require separate statement of undisputed material facts in numbered paragraphs.

Source text: Any motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 shall be accompanied by a separate, short, and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.

Factual assertions in summary judgment statements must cite specific record portions with exhibit, page, and line numbers.

Source text: Each factual assertion shall be accompanied by a citation to the specific portion(s) of the record that support the assertion, including the exhibit, page, and line number. The Court will not consider factual assertions not supported by a citation to the record.

Opposition to summary judgment requires separate statement responding to moving party's numbered paragraphs.

Source text: A party opposing a motion for summary judgment shall file a separate, short, and concise statement responding to the numbered paragraphs set forth in the moving party’s statement of undisputed facts and either conceding the facts as undisputed or stating a genuine dispute exists.

Opposition must cite specific record portions when asserting genuine disputes in summary judgment.

Source text: If the opposing party asserts a genuine dispute exists as to any fact, the party shall cite to the specific portion(s) of the record that create the dispute, including the exhibit, page, and line number.

Opposition must include enumerated paragraphs of additional facts precluding summary judgment.

Source text: The opposing party shall also set forth in enumerated paragraphs any additional facts which the party contends preclude summary judgment.

Uncontroverted facts in moving party's statement are deemed admitted.

Source text: All facts set forth in the moving party’s statement of undisputed facts shall be deemed admitted unless controverted by the opposing party.

Entire deposition transcript must be submitted when using deposition testimony as exhibit.

Source text: When submitting deposition testimony as an exhibit, parties are requested to submit the entire deposition transcript.

Reply briefs allowed without leave for summary judgment and dispositive motions; permission required for non-dispositive.

Source text: Reply briefs may be submitted without leave of Court in support of a motion for summary judgment or other dispositive motion, and with the Court’s permission in support of non-dispositive motions.

Reply briefs must be filed within 7 days of opposition filing.

Source text: Replies shall be submitted no later than seven days after the opposition is filed.

Joint points for charge and verdict slip must be filed on docket and emailed to chambers in Word format.

Source text: The parties shall also submit joint requested points for charge and a joint verdict slip with only the disputed points highlighted. Judge Sánchez prefers the Third Circuit Model Jury Instructions, where applicable, but will hear argument on reasons for deviations. The joint requested points for charge and joint verdict slip shall be filed on the docket, one instruction per page in sequence, and shall be sent by email to Chambers_of_Judge_Sanchez@paed.uscourts.gov in Microsoft Word format. An email to chambers does not constitute filing.

Continuance requests must be filed as motions with proposed orders.

Source text: A request for a continuance must be filed as a motion stating the reasons for the request. Any such motion must be accompanied by a proposed form of order which, if approved by the Court, would grant the relief sought by the motion.

Continuance orders must comply with Speedy Trial Act and include detailed findings.

Source text: The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and must include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.

Trial continuance requests must be made by motion.

Source text: Requests for a continuance of trial must be made by motion, as set forth in Section IV.C. below.

Pretrial motions must follow Scheduling Order deadlines.

Source text: All pretrial motions—including motions in limine and any motions challenging the indictment, seeking suppression of evidence, or raising any dispositive matters—must be filed in accordance with the deadlines set forth in the Scheduling Order entered in the case.

Parties must advise Court about testimony plans when filing motions.

Source text: Upon the filing of any motion, the parties shall advise the Court whether they intend to present testimony in support of or in opposition to the motion and the expected duration of any such testimony, so that the Court can schedule a motion hearing, if necessary.

Government must file Rule 404(b) notice before final pretrial conference with summary, purpose, logical chain, and proposed jury instruction.

Source text: If the Government expects to introduce Rule 404(b) evidence relating to other crimes, wrongs, or acts, it must file a notice of its intention to do so prior to the final pretrial conference. The notice shall include a brief summary of the proposed evidence. It shall also identify the purpose for which the evidence will be offered and explain how the evidence fits into a chain of logical inferences connecting it to a proper purpose, no link of which is an improper propensity inference. See United States v. Davis, 726 F.3d 434, 442 (3d Cir. 2013). The notice shall also include a proposed jury instruction to precede the introduction of such evidence.

Plea documents must be provided to court 2 days before plea hearing and filed on docket.

Source text: Before a defendant offers a guilty plea, the plea memorandum, guilty plea agreement (if applicable), and acknowledgment of rights must be completed and reviewed with the defendant, and must be provided to the Court two days prior to the change of plea hearing, if possible. Plea papers may be transmitted to chambers in hard copy or by email to Chambers_of_Judge_Sanchez@paed.uscourts.gov, with a copy to Nancy_DeLisle@paed.uscourts.gov. Parties must also file plea memoranda on the docket.

Plea agreement must specify plea type and Rule 11(c)(1) subsection, and inform defendant of no withdrawal right under 11(c)(1)(B).

Source text: The guilty plea agreement and memorandum 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 the Court whether the plea is entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C), relating to the obligation of the Government 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 the Court, pursuant to Rule 11(c)(3)(B), that the defendant has no right to withdraw the plea if the Court does not follow the recommendation or request if the plea is entered under 11(c)(1)(B).

PSR objections must be sent to probation officer before sentencing; cannot raise for first time in sentencing memorandum.

Source text: To avoid delay in sentencing, all objections to the Presentence Investigation Report (PSR) 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.

Sentencing motions must be filed 14 days before sentencing; responses 7 days before. Email to chambers not sufficient.

Source text: Sentencing motions and supporting memoranda must be filed at least 14 days prior to the scheduled sentencing date, and any response thereto must be filed at least seven days prior to the scheduled sentencing date. Emailing these materials to chambers does not constitute filing.

Sentencing memoranda must be filed simultaneously one week before sentencing; responses 3 days before.

Source text: Sentencing memoranda (exclusive of motions) by both the Government and the defense must be filed simultaneously no later than one week before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Extension requests must specify if opposed and whether other deadlines are affected.

Source text: Requests for extensions of case management deadlines may be submitted by letter sent via email, facsimile, or hard copy, and must state whether the request is opposed or unopposed and whether the requested extension will affect other existing deadlines.

Discovery dispute letter must certify good faith effort to resolve the issue.

Source text: The letter must certify that counsel have made a good faith effort to resolve the issue themselves.

Parties must email the completed Joint Rule 16 Conference Information Report to chambers at least one day before the conference.

Source text: The parties must also complete the Joint Rule 16 Conference Information Report included in these Policies and Procedures here, and must email the completed Report to chambers no later than one day before the Rule 16 conference.

Criminal continuance requests must be by motion stating reasons and accompanied by proposed order.

Source text: A request for a continuance must be filed as a motion stating the reasons for the request. Any such motion must be accompanied by a proposed form of order which, if approved by the Court, would grant the relief sought by the motion.

Proposed order for continuance must comply with Speedy Trial Act and include detailed finding on ends of justice.

Source text: The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and must include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.

Guilty plea documents must be provided to the Court two days prior to the change of plea hearing.

Source text: Before a defendant offers a guilty plea, the plea memorandum, guilty plea agreement (if applicable), and acknowledgment of rights must be completed and reviewed with the defendant, and must be provided to the Court two days prior to the change of plea hearing, if possible.

Sentencing motions must be filed 14 days before sentencing; responses 7 days before. Email does not constitute filing.

Source text: Sentencing motions and supporting memoranda must be filed at least 14 days prior to the scheduled sentencing date, and any response thereto must be filed at least seven days prior to the scheduled sentencing date. Emailing these materials to chambers does not constitute filing.

Sentencing memoranda must be filed simultaneously no later than one week before sentencing; responses 3 days before.

Source text: Sentencing memoranda (exclusive of motions) by both the Government and the defense must be filed simultaneously no later than one week before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

PSR objections must be sent to the probation officer in advance; cannot be first raised in a sentencing memorandum.

Source text: To avoid delay in sentencing, all objections to the Presentence Investigation Report (PSR) 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.

Government must file notice of Rule 404(b) evidence before final pretrial conference with summary, purpose, and logical inference chain.

Source text: If the Government expects to introduce Rule 404(b) evidence relating to other crimes, wrongs, or acts, it must file a notice of its intention to do so prior to the final pretrial conference. The notice shall include a brief summary of the proposed evidence. It shall also identify the purpose for which the evidence will be offered and explain how the evidence fits into a chain of logical inferences connecting it to a proper purpose, no link of which is an improper propensity inference.

Joint exhibit chart in PDF format required with neutral descriptions

Source text: Counsel shall confer and prepare a single, joint exhibit chart in PDF format that includes all exhibits admitted into evidence. Each exhibit must include a neutral, non-argumentative description. The exhibit chart shall be formatted as follows:

USB flash drive with exhibits organized in three folders required

Source text: Counsel shall provide the joint exhibit chart in the above format along with a USB flash drive containing the exhibits organized into three folders: (1) PDFs (documents), (2) Videos (AVI or other compatible format), and (3) Audio (WAV or other compatible format). Counsel shall ensure that each exhibit number in the exhibit chart is hyperlinked to the corresponding file in the appropriate subfolder.

Joint exhibit chart and exhibits must be delivered on single USB flash drive

Source text: Counsel shall prepare the joint exhibit chart with fully functioning hyperlinks, ensure all admitted exhibits are properly organized, place the chart and exhibits on a single USB flash drive, and deliver the USB flash drive to the Court for uploading to the court-provided laptop.

AI-generated legal citations must be disclosed and verified for accuracy.

Source text: 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.

Parties must disclose electronic search restrictions within 30 days.

Source text: 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.

Parties must agree on search methodology with e-discovery liaisons.

Source text: 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.

Electronic discovery must follow sequenced process with limited accessibility documents last.

Source text: 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;

Limited accessibility document searches require narrow focus and factual basis.

Source text: Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed; requests for limited accessibility documents must be narrowly focused with a factual basis supporting the request;

On-site inspections of electronic media prohibited unless exceptional circumstances.

Source text: 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.

Native format production requires demonstration of particularized need after initial image file production.

Source text: After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.

Parties must negotiate agreement on steps to preserve electronic documents.

Source text: 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.

Retention coordinators must ensure identified custodians' emails are not permanently deleted.

Source text: 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

Parties (attorneys or pro se) must disclose AI use in a clear statement and certify all citations are accurate if AI was used to prepare filings assigned to Judge Scott.

Source text: 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.

All memoranda of law must include table of contents and table of authorities

Source text: Parties should include, in all memoranda of law, a table of contents, and a table of authorities.

Pro se litigants must disclose attorney assistance in filings.

Source text: Pro se litigants who are not being formally represented by lawyers, but have received substantive assistance (i.e. help, guidance, direction or the like with the development of strategy or tactics, drafted pleadings, motions or briefs, etc.) from an attorney for any material filed with the Court shall, in the filed material, identify the attorney, the attorney’s contribution to the filing, and the scope of the attorney’s limited representation.

Failure to disclose attorney assistance constitutes false representation.

Source text: Failure to identify any such attorney will amount to a representation by the pro se litigant’s submission for which no substantive assistance from an attorney was received.

Joint status report due 7 days before Rule 16 conference via email.

Source text: A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven (7) days prior to the Rule 16 conference and must be submitted to the Court via e-mail.

TRO/injunction requests require prompt listing and notice to respondent unless emergency precludes it.

Source text: Judge Marston will promptly list any request for a temporary restraining order (TRO) or a preliminary injunction assigned to her. Except in cases where the nature of the emergency precludes it, Judge Marston requires the petitioner to notify the respondent of the nature of the request for a Temporary Restraining Order and to serve the petition and proposed Order upon the

Stipulations and proposed orders must be emailed to Chambers, not the Clerk.

Source text: Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be e-mailed to Chambers rather than sent to the Clerk of Court.

Proposed orders must include specific language about Court's right to modify.

Source text: When submitting a proposed order for the Court’s approval, the order must contain the following language: “The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.”

Amended pleadings must include a redline showing changes as an exhibit.

Source text: All amended pleadings and motions to amend a pleading must include a redline showing the changes made to the original pleading. This redline should be attached as an exhibit to the amended pleading.

Discovery motions require certificate detailing verbal efforts to resolve disputes (phone/in-person), not just written communications.

Source text: In filing a discovery motion, the certificate of counsel must provide specific details of the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a discovery motion that does not meet these requirements.

Protective orders and confidentiality agreements must be requested by motion, not stipulated orders.

Source text: Any request for a protective order or approval of a confidentiality agreement must be made by motion. The Court will not accept stipulated proposed orders in lieu of a motion. All such motions must satisfy the requirements of In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 924 F.3d 662, 672-73 (3d Cir. 2019) and Pansy v. Borough of Stroudsberg, 23 F.3d 772, 786 (3d Cir. 1994).

Pretrial memoranda must be filed 7 days before final pretrial conference with detailed witness testimony descriptions.

Source text: At least seven (7) days prior to the final pretrial conference date, the parties shall prepare pretrial memoranda and describe in detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.

Parties must submit unified proposed jury instructions and verdict forms, with competing versions if disagreements exist.

Source text: Counsel must prepare one unified and agreed upon set of proposed jury instructions on substantive issues and one proposed verdict form or set of special interrogatories to the jury. If counsel cannot agree on a particular instruction, they must submit their competing versions along with a statement explaining why the Court should give their proposed instruction.

Trial briefs on legal issues due 7 days before trial.

Source text: Each party should submit a trial brief on the legal issues involved in the case seven (7) days prior to the trial date.

Witnesses cannot testify about exhibit content until exhibit is admitted into evidence.

Source text: Unless the parties have an agreement as to the admissibility of a proposed exhibit, a witness may not testify as to its content until it has been admitted into evidence.

Directed verdict motions must be in writing; oral argument usually permitted.

Source text: 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. Oral argument in these motions will ordinarily be permitted.

Proposed findings and conclusions required in non-jury cases as specified in Scheduling Order.

Source text: In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order. The parties may submit revised or supplemental findings of fact and conclusions of law with specific reference to trial evidence at the conclusion

Unavailability of witnesses requires use of oral or videotaped deposition; not grounds for delay.

Source text: If a witness is unavailable at the time of trial, as defined in Fed. R. Civ. P. 32(a)(4), 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. The unavailability of such witness will not be a ground to delay the commencement or progress of trial.

Certification of meet-and-confer required for discovery motions.

Source text: Counsel must make a substantive effort to address all discovery disputes with opposing counsel before requesting Judge Hodge’s assistance and submit a certification to that end along with any discovery motions.

All counseled parties must use ECF for filings; submissions must be docketed.

Source text: Judge Hodge requires all counseled parties to use Electronic Case Filing (“ECF”). Proposed orders should be attached to corresponding motions or memoranda of law. Submission of pleadings, motions, or other filings to Chambers by any method other than ECF is not permitted. Except as expressly provided in Section I.C. Stipulations (above), the Court will not act on any submission that has not been docketed.

GAI users must comply with Rule 11(b), Rule 26(g), and ethical rules

Source text: Anyone—counsel or pro se litigant—using Generative Artificial Intelligence ("GAI") in connection with the filing of a pleading, motion, or paper in this Court or the serving/delivering of a request, response, or objection to discovery must comply with Rule 11(b) and Rule 26(g) of the Federal Rules of Civil Procedure, and any other relevant rule, including all applicable ethical rules.

Confidentiality/sealing orders must include specific language about Court's right to modify

Source text: All such orders must contain the following language (or language substantially similar): “The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.”

Failure to identify expert witnesses and provide reports bars expert testimony at trial

Source text: Failure to do so will bar the use of the expert’s testimony at trial.

All pretrial motions controlled by Scheduling Order

Source text: All pretrial motions—including motions in limine and any motions challenging the indictment, seeking suppression of evidence, or raising any dispositive matters—shall be controlled by the Scheduling Order.

Proposed voir dire questions must be submitted via email to Chambers in Word format

Source text: Counsel must submit proposed voir dire questions in Microsoft Word format via email to Chambers and should do so in accordance with the Scheduling Order.

Parties must submit proposed jury instructions and interrogatories to Court and opposing counsel

Source text: Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories in accordance with the Scheduling Order.

Guilty plea documents must be provided to Court via email to Chambers 7 days before plea hearing

Source text: Before a defendant offers a guilty plea, the guilty plea memorandum, guilty plea agreement (if applicable), and acknowledgment of rights must be completed and reviewed with the defendant and must be provided to the Court via email to Chambers seven (7) days prior to the change of plea hearing, except in extenuating circumstances.

Discovery motions must include a certification of efforts to resolve disputes with opposing counsel.

Source text: Counsel must make a substantive effort to address all discovery disputes with opposing counsel before requesting Judge Hodge's assistance and submit a certification to that end along with any discovery motions.

All counseled parties must use ECF; proposed orders should be attached to motions; non-ECF submissions to chambers prohibited.

Source text: Judge Hodge requires all counseled parties to use Electronic Case Filing ("ECF"). Proposed orders should be attached to corresponding motions or memoranda of law. Submission of pleadings, motions, or other filings to Chambers by any method other than ECF is not permitted. Except as expressly provided in Section I.C. Stipulations (above), the Court will not act on any submission that has not been docketed.

Certification of pre-motion conference required for Rule 12, Rule 56, and venue-related motions, including dates of discussion.

Source text: Counsel contemplating filing a motion under Fed. R. Civ. P. 12 or 56, 28 U.S.C. §1441, or 28 U.S.C. §1404, shall contact opposing counsel prior to filing to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter to see if the filing of the contemplated motion is then necessary. This conference shall take place at least seven (7) days before the filing of the motion. The parties shall conduct substantive verbal communications. Exchanges of letters or emails are insufficient. A report that opposing counsel was not available or that the parties made reasonable but unsuccessful efforts to meet and confer is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a Certification indicating the date(s) of discussion(s) and shall inform the court of the parties' inability to reach a resolution. The Court will deny any motion that fails to conform with these requirements.

Parties using Generative AI in filings or discovery must comply with Rule 11(b), Rule 26(g), and applicable ethical rules.

Source text: Anyone—counsel or pro se litigant—using Generative Artificial Intelligence ("GAI") in connection with the filing of a pleading, motion, or paper in this Court or the serving/delivering of a request, response, or objection to discovery must comply with Rule 11(b) and Rule 26(g) of the Federal Rules of Civil Procedure, and any other relevant rule, including all applicable ethical rules.

Discovery motions must include a certification required under Local Civil Rule 26.1(f).

Source text: All motions must contain the certification required under Local Civil Rule 26.1(f).

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

Source text: 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").

E-discovery liaison must be familiar with systems, knowledgeable about technical aspects, prepared for disputes, and responsible for organizing efforts.

Source text: 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

Parties must exchange e-discovery information including custodians, systems, accessibility, liaison, retention policies, and anticipated problems.

Source text: 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 who shall serve as the party’s “e-discovery liaison;” 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.

Parties must file statement of compliance within 7 days of identifying custodians.

Source text: 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.

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

Source text: In patent non-ANDA cases, the comprehensive joint report of the Rule 26(f) meeting shall include proposed dates for the exchange, in steps, of required information to plan for a Markman hearing as soon as practicable under Fed.R.Civ.P. 1:

Parties must stipulate undisputed facts to avoid unnecessary discovery

Source text: The parties must stipulate as to facts not in dispute. We require stipulations to avoid duplicative and unnecessary discovery, wasted time in depositions asking questions about names, addresses and background or otherwise on dates which are undisputed, employment histories, etc.

Insurance coverage and deductibles must be disclosed in Rule 26(f) report

Source text: The parties must also disclose the insurance coverage, including retainer or deductible, consistent with Rule 26(a)(1)(A).

Rule 26(f) report must confirm compliance with informal disclosure requirements

Source text: Confirm each party’s compliance on timing, form and scope of informal disclosures including date of exchange and detailed reason for a deviation from the Court’s scheduling Order.

Rule 26(f) report must describe discovery conducted to date

Source text: Discovery begins with the issuance of our Order setting the Initial Pretrial Conference. Describe written discovery issued or taken to date including mandated disclosures under Rule 26(a).

Parties must disclose need for FRE 502 order.

Source text: The parties shall also disclose a need for an Order under Federal Rule of Evidence 502.

Parties must address e-discovery procedures, privilege preservation, production format, and costs in Rule 26(f) report.

Source text: The parties are required to address procedures to preserve electronically stored information, to avoid inadvertent privilege waivers, and to determine the form in which electronic information will be produced. The cost of producing the information must be discussed and be addressed in this report.

Parties must indicate agreement on expert witness testimony and deposition needs.

Source text: Indicate agreement on anticipated testimony of expert witnesses, including whether depositions of experts will be needed.

Court requires simultaneous expert report exchange, rebuttal reports, and completion with fact discovery.

Source text: The parties should expect that the Court requires expert reports to be exchanged simultaneously, witness rebuttal reports required shortly thereafter, and expert discovery to be completed with fact discovery.

All cases referred to Magistrate Judge or private mediation for early settlement; parties must review Local Rule 53.3.

Source text: All cases will be sent to the Magistrate Judge or private mediation for early settlement discussions. The parties must familiarize themselves with Local Rule 53.3 before responding.

Parties must disclose trial conflicts for lead counsel within 4-8 months.

Source text: A firm trial date will be scheduled at or shortly after the pre-trial conference. Please advise of trial attachments (not pool listings), pre-paid vacation, medical plans or other irreversible conflicts for lead trial counsel in the following four (4) to eight (8) months.

Parties must state agreement to Magistrate Judge trial referral.

Source text: Please provide a statement whether all parties agree to a referral of this case to a Magistrate Judge for trial.

ECF filing required for all counsel.

Source text: Electronic Case Filing (“ECF”) under Rule 5.1.2 is required of all counsel

Motions to amend pleadings must identify all parties' positions and attach blacklined/highlighted proposed amended pleading.

Source text: A motion to amend a pleading shall: identify all parties’ positions on the proposed amendments and attach the proposed amended pleading either blacklined or highlighted solely to show the change in the pleading.

Pro hac vice admission requires specific requirements including PA admission, affidavit, and compliance assurances.

Source text: The attorney moving for admission of an attorney pro hac vice must: 1. Be admitted to practice in Pennsylvania and in good standing before this Court; 2. Earlier his/her/their appearance in the matter and confirms his/her/their continuing obligations under Section I.K. of our Policies below; 3. Describe the reasons the client requires this lawyer’s special admission, i.e., what does the applicant offer which cannot be provided by the attorney admitted in our Court; 4. Recite the positions of all counsel regarding the motion. 5. Attach the affidavit of the attorney seeking admission pro hac vice swearing as to: a. Year and jurisdiction of each Bar admission as well as the lawyer’s status i.e., active or inactive, in good standing, etc.; b. Whether the attorney has ever been suspended from the practice of law in any jurisdiction or received a public reprimand by the highest disciplinary authority of any Bar in which the attorney has been a member; c. Whether the attorney has read and will comply with the Pennsylvania Rules of Professional Conduct, this Court’s Local Rules, and these Policies as amended; and, d. Good faith assurance of fully advising counsel who moved for the pro hac vice admission of the current status of the case for which pro hac vice status has been granted and of all material developments in the case.

Local counsel must sign all filings and be present for certain complex cases; trial dates won't be rescheduled for pro hac vice conflicts.

Source text: The admission of counsel pro hac vice does not relieve associate local counsel and the attorney moving the admission of responsibility for counsel admitted pro hac vice. Judge Kearney requires local counsel sign all filings. While local counsel shall be available by phone and prepared to substantively address fact and legal issues for every case, we also require local counsel to be present in Court (or on the telephone with leave) for a presentation on patent/ANDA, class, collective, qui tam, derivative, multi-party, criminal matters designated as complex or every case designated on the Special Case Management track or transferred to our docket from the Multi District Litigation Panel. We do not reschedule confirmed and attached trial dates based on specially admitted counsel’s conflicts.

Amended pleadings filed as matter of course must include blacklined/highlighted exhibit showing changes.

Source text: A party filing an amended pleading as a matter of course under Fed. R. Civ. P. 15(a)(1) must attach as an exhibit a blacklined or highlighted copy of the pleading solely to show the changes in the pleading.

Judge Kearney may require proposed findings of fact and conclusions of law in non-jury cases.

Source text: Judge Kearney may require counsel timely file proposed findings of fact and conclusions of law in non-jury cases.

Post-trial motions require transcript deposit within 14 days unless excused.

Source text: A party seeking to challenge trial and pretrial rulings through a timely post-trial motion must strictly comply with Federal Rules of Civil and Criminal Procedure 59 and 60 and with Local Rule 7.1(e) requiring ordering and paying a deposit for the trial transcript required by the court reporter within fourteen days of filing any post-trial motion unless Judge Kearney excuses this requirement for good cause.

All motions must include a comprehensive motion, proposed order, and memorandum.

Source text: All grounds for relief must be set forth in a single, comprehensive motion, accompanied by a proposed order and an attached memorandum.

Opposition motions must include proposed order with specific references.

Source text: Parties opposing the motion must attach a proposed order referring to the motion, docket filing number, and specific basis for denying the requested relief.

Motions without stipulation must describe all parties' positions.

Source text: Counsel seeking relief in all matters other than under Rule of Civil Procedure 56 without a stipulation of all parties, including challenging the admissibility of expert or fact evidence, shall comply with the obligations above in II.B. and provide a meaningful fulsome description of the opposition to the requested relief as part of the motion.

Judge Kearney will not consider material not included in the required appendix.

Source text: Judge Kearney will not consider material not included in the appendix required by this Policy.

Only one attorney per side may examine witnesses or address jury during opening/closing.

Source text: Only one attorney for each side may examine the same witness or address the jury during the opening statement or summation.

No conferring with sworn witnesses except for logistics without judge's approval.

Source text: Counsel may not confer with a witness once sworn during the balance of their testimony except for logistics as to the courtroom and confirming timing of testimony absent Judge Kearney’s approval upon a showing a good cause.

Counsel must edit videotaped testimony after objections are ruled on before offering at trial.

Source text: After Judge Kearney rules on any objections, counsel must edit the testimony before offering the videotaped testimony at trial.

Plaintiff's counsel must email electronic copies of admitted exhibits to chambers before verdict.

Source text: Plaintiff’s counsel shall, unless excused for good cause, email an electronic copy of all admitted exhibits to our Chambers email address (or provide on a disc) before the jury returns with a verdict.

Scheduling order will specify deadline for proposed jury instructions and verdict forms.

Source text: The Scheduling Order will note the date on which the parties shall file proposed jury instructions on substantive issues unique to your matter, along with proposed verdict forms or special interrogatories to the jury.

Proposed jury instructions must be emailed to chambers in Microsoft Word format.

Source text: The parties shall also provide by email to Chambers the proposed instructions in Microsoft Word format.

All objections to jury instructions must be filed in one written motion.

Source text: All objections to jury instructions shall be filed in one written motion.

Continuance motions require defendant's signed consent form.

Source text: Any such motion must be accompanied by the form of consent to continuance signed by the defendant, as provided by Judge Kearney after receipt of the motion and proposed order which, if approved by Judge Kearney, would grant the relief sought by the motion.

Continuance orders must comply with Speedy Trial Act and include detailed findings.

Source text: The proposed form of order must be 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 requested continuance outweigh the best interest of the public and the defendant in a speedy trial.

All pretrial motions must be filed by scheduling order deadline and represent all parties' positions.

Source text: All pretrial motions – including motions in limine and any motions challenging the indictment, seeking suppression of evidence, or raising dispositive matters – must be filed in accord with the deadline set forth in the scheduling order and represent the position of all parties on the requested relief.

Parties must advise Judge Kearney about testimony plans and duration when filing motions.

Source text: Upon filing a motion, the parties shall advise Judge Kearney whether they intend to present testimony in support of or in opposition to the motion and the expected duration of any such testimony so Judge Kearney can schedule a hearing, if necessary.

Guilty plea memorandum must be submitted 2 days before change of plea hearing in Word format by email.

Source text: The United States must submit a guilty plea memorandum at least two 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 Chambers_of_Judge_Kearney@paed.uscourts.gov.

Sentencing motions due 7 days before sentencing; responses due 3 days before; no replies without leave.

Source text: Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.

Sentencing memoranda due 7 days before sentencing; responses due 3 days before; copy to probation office.

Source text: Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. Counsel shall serve a copy on the United States Probation Office.

Restitution information must be included in sentencing memorandum with victim details and documentation.

Source text: If a defendant may be responsible for restitution, the United States must submit sufficient information in its sentencing memorandum to enable Judge Kearney 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.

Parties and counsel may be sanctioned for AI hallucinations or false representations.

Source text: Parties and counsel may be subject to sanction should we find false representations including artificial intelligence hallucinations under the Rules of Professional Conduct and Rules of Civil and Criminal Procedure.

All motions must include a proposed order and attached memorandum.

Source text: All grounds for relief must be set forth in a single comprehensive motion, accompanied by a proposed order, and an attached memorandum.

No separate statements of undisputed facts for summary judgment; all facts must be in memorandum with pinpoint citations.

Source text: Except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall file a statement of undisputed material facts or a separate statement of facts setting forth its interpretation of the record. Instead, all references to the facts must be included in the party’s memorandum with pinpoint citations to the record, including the page of any document or line and page number of any deposition to which reference is made.

TRO motions must be served on respondent with notice of hearing date/time.

Source text: Judge Costello requires the petitioner to serve any motion for a TRO on the respondent and notify the respondent of the date and time of the hearing or argument.

One day before trial, submit witness/exhibit lists and two hard copies of each exhibit in tabbed binders; electronic submission optional; paper copies available on request.

Source text: One day prior to trial, each party shall submit to Chambers a list of all witnesses expected to be called at trial, a list of all exhibits the parties intend to use at trial, and two hard copies of each exhibit in binders with each exhibit separately tabbed. If the parties intend to present evidence electronically, then the exhibits shall also be submitted electronically (on a memory stick, CD, or DVD) with each exhibit as a separate file. If the volume of exhibits makes it impracticable to provide hard copies of all exhibits, then they may be submitted electronically only. However, the parties must be prepared to provide the Court with paper copies of specific exhibits upon request.

In non-jury cases, submit proposed findings of fact and conclusions of law per Final Pretrial Scheduling Order; revised versions allowed after trial.

Source text: In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Court’s Final Pretrial Scheduling Order. 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. A schedule for the submission of revised findings of fact and conclusions of law will be discussed at the conclusion of trial.

Unavailability of witness (per FRCP 32(a)(4)) requires use of oral/video deposition; not grounds for delay.

Source text: If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(4), the Court expects an oral or video recorded deposition to be used at trial for that witness, whether the witness is a party, a non-party or an expert. The unavailability of such witness will not be a ground to delay the commencement or progress of trial.

Lay opinion testimony under FRE 701 requires disclosure of supporting information/documents at expert report deadline.

Source text: 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.

Government must submit guilty plea memorandum at least 3 days before hearing

Source text: The Government must submit a guilty plea memorandum prior to any guilty plea hearing. The memorandum should include the elements of each offense to which the defendant is pleading guilty, the statutory maximum penalties, the terms of the plea agreement (if applicable), and the factual basis for the plea. The guilty plea memorandum should be provided to the Court at least three days before the guilty plea hearing.

Sentencing memoranda and motions due 7 days before sentencing hearing

Source text: Sentencing memoranda and motions should be filed seven days before the sentencing hearing. Counsel should serve a copy of all sentencing motions and sentencing memoranda on the U.S. Probation Office.

ECF filings must be text-searchable; exhibits need descriptive file names; reference documents by docket number; don't use existing docketed documents as exhibits.

Source text: All ECF filings must be text-searchable, including exhibits. Exhibits must be given file names that identify what the document is. When referencing a document on the docket, parties shall refer to that document by its docket number. Any document that is already on the docket should not be used as an exhibit.

Pro hac vice motions must use the Eastern District of Pennsylvania's official form from the Court's website.

Source text: Motions for pro hac vice admission must be made using the Eastern District of Pennsylvania’s form; this is available on the Court’s website:

Disclosure statements required to identify third-party litigation funding.

Source text: Parties and intervenors must file a disclosure statement that identifies any third party that is funding any portion of the litigation. This requirement is in addition to Federal Rule of Civil Procedure 7.1’s requirements.

Certification of pre-motion conference required with Rule 12 motions.

Source text: If the parties are unable to reach a resolution that eliminates the need for a Rule 12 motion, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken. The Court will deny any motion that fails to conform with these requirements.

Summary judgment motions require jointly prepared statement of facts and exhibit list.

Source text: All summary judgment motions must be accompanied by a statement of facts that the parties will prepare jointly and that must be separately filed on the docket. All parties must attach a joint list of all exhibits referenced in the statement of facts, in addition to an index of the exhibits.

Voir dire limited to 15 questions; joint neutral statement required before final pretrial conference.

Source text: Counsel shall discuss and agree upon voir dire questions. If necessary, disputes regarding voir dire questions may be submitted to Judge Perez for resolution. Prior to the final pretrial conference, counsel shall submit a joint neutral statement of the facts and joint questions for voir dire, highlighting only the disputed questions. Voir dire should not be more than 15 questions.

Sentencing memoranda due 1 week before sentencing; restitution details required if applicable.

Source text: Both the government and the defendant must submit sentencing memorandum no later than one week prior to sentencing. If a defendant is responsible for restitution, the government must include sufficient information in its memorandum to enable the Court to determine entitlement. This includes the name and address of each victim, and the amount of loss for each victim. Documentary support for each amount should also be included.

Defendants not timely served under Rule 4(m) will be dismissed without prejudice.

Source text: Plaintiff(s) shall serve the Complaint expeditiously in accordance with Federal Rules of Civil Procedure 4 and 5. Any Defendant not timely served under Rule 4(m) shall be dismissed from the action without prejudice.

Counsel must certify reasonable effort to resolve discovery disputes before bringing to Judge's attention.

Source text: Before bringing a discovery dispute to my attention, Counsel must certify that they have made a reasonable effort to resolve the dispute.

Reply and sur-reply briefs cannot include declarations or exhibits.

Source text: Reply and sur-reply briefs shall not include declarations or exhibits.

Summary judgment motions require a separate statement of material facts in numbered paragraphs.

Source text: When moving for summary judgment pursuant to Federal Rule of Civil Procedure 56, the moving party shall file a separate, short, and concise statement of material facts, in numbered paragraphs, as to which the moving party contends there is no genuine issue to be tried.

Missing statement of material facts may result in denial of summary judgment motion.

Source text: Failure to include a statement of material facts may constitute grounds for denial of a motion for summary judgment.

Non-moving party must respond to each numbered paragraph in the moving party's statement.

Source text: The non-moving party shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.

Statements of material facts must include specific record citations.

Source text: Statements of material facts in support of or in opposition to a motion shall include specific supporting record cites.

Material facts in moving party's statement are deemed admitted unless controverted.

Source text: All material facts set forth in the statement required to be served by the moving party may be deemed admitted unless controverted by the opposing party.

Proposed orders must be included with continuance/extension requests.

Source text: Counsel shall include proposed orders when requesting continuances or extensions.

Counsel must use the short-form pretrial memorandum under Local Rule 21(c) unless a separate order provides otherwise.

Source text: Unless specifically provided for by a separate order, Judge Wells requires counsel to use the short form pretrial memorandum described in Local Rule of Civil Procedure 21(c).

Counsel must file and serve a list of all trial exhibits by the date set in the Scheduling Order.

Source text: (a) a list of all exhibits to be used at trial;

Counsel must file and serve a witness list with a brief summary of each witness’s testimony by the Scheduling Order deadline.

Source text: (b) a list of all witnesses to be called at trial, as well as a brief summary of each witness testimony;

Counsel must file and serve memoranda of law addressing all legal and evidentiary issues expected at trial.

Source text: (c) memoranda of law on all legal and evidentiary issues expected to arise at trial;

Counsel must file and serve requests for jury instructions by the date set in the Scheduling Order.

Source text: (d) requests for instructions to the jury.

Counsel must submit proposed voir dire questions at the final pretrial conference.

Source text: Judge Wells requires counsel to submit proposed voir dire questions at the final pretrial conference.

Exhibits must be pre-marked and exchanged before trial.

Source text: All exhibits must be pre-marked and pre-exchanged prior to trial.

Before trial, counsel must provide the Court with an exhibit list and copies of all exhibits.

Source text: Counsel shall present to the Court, in a loose-leaf binder, a list and copy of all exhibits before trial.

Counsel must jointly submit a proposed verdict form or proposed special interrogatories for the jury.

Source text: jointly submit a proposed verdict form or proposed special interrogatories to be submitted to the jury.

In non-jury cases, counsel must submit proposed findings of fact and conclusions of law at the final pretrial conference.

Source text: Judge Wells requires counsel to submit proposed findings of fact and conclusions of law in non- jury cases at the final pretrial conference.

Expert disclosure required as soon as known, no later than end of discovery period.

Source text: Disclosure of the identity of experts who are to testify at trial is required as soon as they are known to the respective parties and no later than the end of the discovery period. In complex cases, Judge Wells may lengthen the time permitted for expert discovery.

Expert reports must be exchanged by dates in Scheduling Order.

Source text: Expert reports should be exchanged on or before the dates set by the Scheduling Order.

Attorneys at settlement conferences must have full settlement authority.

Source text: Each attorney appearing for a party at a settlement conference must have full authority to

Short form pretrial memorandum required under Local Rule 21(c) with stipulation of uncontested facts.

Source text: Unless specifically provided for by a separate order, Judge Wells requires counsel to use the short form pretrial memorandum described in Local Rule of Civil Procedure 21(c). A stipulation of uncontested facts, as set forth in Local Rule 21 (d)2(b)(2)(A)-(E) should accompany this memorandum.

Scheduling Order requires filing lists of exhibits, witnesses with summaries, legal memoranda, and jury instructions requests.

Source text: The judge also requires counsel to comply with the rules set forth in her Scheduling Order, which at a minimum, requires counsel, on a specific date, to file with the Clerk and serve on opposing counsel: (a) a list of all exhibits to be used at trial; (b) a list of all witnesses to be called at trial, as well as a brief summary of each witness testimony; (c) memoranda of law on all legal and evidentiary issues expected to arise at trial; and (d) requests for instructions to the jury.

Jury verdicts must be unanimous unless stipulated otherwise.

Source text: All jury verdicts must be unanimous, unless otherwise stipulated by the Court and counsel prior to or during trial.

Proposed findings of fact and conclusions of law required for non-jury cases at final pretrial conference.

Source text: Judge Wells requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference.

Judge conducts all voir dire in criminal cases; counsel must submit proposed questions in advance.

Source text: Judge Wells conducts all voir dire in criminal cases; counsel should submit proposed voir dire questions to the court in advance of trial.

Counsel must be prepared to attend entire settlement conference day with clients.

Source text: Judge Goldner Cinquanto expects counsel to: Be prepared to be present for the entire day (with their client(s)) for as long as needed to make substantial progress towards a mutually agreeable resolution.

Plaintiff must submit settlement demand at least 3 weeks before conference.

Source text: Plaintiff(s) must make an updated, precise, and specific written settlement demand, inclusive of all attorney’s fees, costs, and damages, at least three weeks before a scheduled settlement conference.

Defendant must submit settlement offer at least 2 weeks before conference.

Source text: Defendant(s) must make an updated, precise, and specific written settlement offer at least two weeks before the conference.

Confidential settlement summary (max 5 pages) due 2 weeks before conference.

Source text: Counsel for all parties must submit a confidential settlement summary and case synopsis via email (to Chambers_of_Magistrate_Judge_Goldner_Cinquanto@paed.uscourts.gov) two weeks before the conference. The case synopsis should be no more than five-pages in length.

Counsel must bring critical evidence including policy language, photographs, sketches, diagrams, and charts.

Source text: Judge Goldner Cinquanto expects counsel to: Organize and bring critical evidence (policy language, photographs, sketches, diagrams, charts, etc.) to the conference. Judge Goldner Cinquanto may want to see them.

Settlement conference requires principals with full settlement authority to be present for entire duration.

Source text: Judge Goldner Cinquanto requires a principal for each party with an interest in the case who has full and complete settlement authority (i.e., authority consistent with the most recent demand) to be present (either on the Zoom, or in person, as applicable) for the entire duration of the conference.

Insurer representatives with settlement authority must attend if insurer approval is required.

Source text: If a party requires approval by an insurer to settle, a representative of the insurer with full and complete settlement authority consistent with the most recent demand must be present in addition to the relevant party principal.

Rule 26(f) report must be emailed to chambers at least 5 days before scheduling conference if not already on docket.

Source text: If a Rule 26(f) report is not already on the docket when a case is assigned to Judge Goldner Cinquanto, the parties shall submit a copy of their Rule 26(f) report via email (to Chambers_of_Magistrate_Judge_Goldner_Cinquanto@paed.uscourts.gov) at least five days before the scheduled conference.

Discovery dispute request must describe prior efforts, summarize matters in dispute, and attach relevant information.

Source text: The request shall: (1) describe the parties’ prior efforts to resolve their dispute in detail; (2) summarize the matters in dispute; and (3) attach any information relevant to Judge Goldner Cinquanto’s consideration of the dispute.

Rule 37 requires certification of good faith conferment before filing discovery motions.

Source text: Federal Rule of Civil Procedure 37 requires parties who file discovery motions to certify "that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."

Local Rule 26.1(f) requires certification that parties are unable to resolve discovery dispute after reasonable effort.

Source text: Rule 26.1(f) of the Eastern District of Pennsylvania Local Rules of Civil Procedure also requires discovery motions to include "a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute."

Memoranda over 15 pages require table of contents and table of authorities.

Source text: Memoranda over 15 pages in length must include a table of contents and table of authorities.

AI disclosure and certification required for all filings, including identifying AI tool, portions generated, and verifying citations.

Source text: Any attorney for a party or any pro se party who uses generative artificial intelligence ("A.I.") to prepare any complaint, answer, motion, brief, or other paper filed with the Court in a matter assigned to Judge Goldner Cinquanto shall: (1) disclose that generative artificial intelligence was used to prepare the filing; (2) identify precisely what portion or portions of the filing was generated by A.I.; (3) identify the A.I. tool that was used; and (4) certify that each and every citation to the law or the record in the filing was verified as accurate in accordance with the obligations set forth in Rule 11 of the Federal Rules of Civil Procedure.

Every factual assertion in memoranda must be supported by pinpoint citations to the record.

Source text: 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.

Three pretrial documents must be filed on ECF simultaneously and submitted to chambers in Word format.

Source text: The three jointly filed documents must be filed on ECF at the same time as Pretrial Memoranda [or Pretrial Stipulation]. At the time of filing the parties must submit to chambers an electronic version of the three documents, in Word format.

Joint appendix required for summary judgment motions, consecutively numbered, with TOC, filed by movant when motion is docketed.

Source text: Joint Appendix: A party who plans to file a motion for summary judgment must meet and confer with all other parties and develop a single, joint appendix of all exhibits that may be referenced in their respective memoranda. All pages of the joint appendix must be consecutively numbered with an appendix page number. Page references in the memoranda must be to the appendix page number, not internal document page numbers. The joint appendix must include a table of contents. The joint appendix must be filed by the movant no later than the date the initial motion for summary judgment is docketed.

Joint voir dire questions document with three sections must be filed.

Source text: Whether proceeding by Joint Pretrial Stipulation or complying with Local Rule 16.1, the parties jointly must: 1. File one document titled 'Proposed Joint Voir Dire Questions' containing three sections: (1) agreed voir dire questions; (2) additional questions proposed by Plaintiff(s); and (3) additional questions proposed by Defendant(s).

Joint jury instructions document with three sections must be filed, citing authority for each instruction.

Source text: 2. File one document titled 'Proposed Joint Jury Instructions,' containing three sections: (1) agreed jury instructions; (2) additional instructions proposed by Plaintiff(s); and (3) additional questions proposed by Defendant(s). Third Circuit standard instructions should be used, if available. Parties must cite the underlying authority for each instruction they propose, even if using the Third Circuit model.

Joint jury verdict form document with agreed and alternative forms must be filed.

Source text: 3. File one document titled 'Proposed Joint Jury Verdict Form,' containing: (1) an agreed verdict form; and, if necessary, (2) any alternative verdict form Plaintiff(s) propose; and (3) any alternative verdict form Defendant(s) propose.

Plaintiff must submit written settlement demand 3 weeks before conference.

Source text: • Plaintiff(s) must make a precise and specific written settlement demand, inclusive of all attorney’s fees, costs, and damages, on or before [three weeks before the conference].

Defendant must submit written settlement offer 2 weeks before conference.

Source text: • Defendant(s) must make a precise and specific written settlement offer on or before [two weeks before the conference].

Principal with full settlement authority must attend entire settlement conference.

Source text: Judge Goldner Cinquanto requires a principal for each party with an interest in the case who has full and complete settlement authority (i.e., authority consistent with the most recent demand) to be present (either on the Zoom, or in person, as applicable) for the entire duration of the conference. If a party requires approval by an insurer to settle, a representative of the insurer with full and complete settlement authority consistent with the most recent demand must be present in addition to the relevant party principal.

Parties must email Word versions of proposed jury instructions and verdict form to chambers.

Source text: In addition to filing the proposed jury instructions and verdict form on the Court’s docket, the parties must e-mail Word versions of the documents to Chambers_of_Magistrate_Judge_Goldner_Cinquanto@paed.uscourts.gov.

Findings of fact and conclusions of law due 14 days before trial with 2 exhibit copies

Source text: findings of fact and conclusions of law, with citations to relevant authority, on or before [fourteen days prior to date certain]. Counsel shall also provide binders containing two copies of their exhibits, marked for trial.8 All objections to the authenticity of exhibits are waived unless noted in the Pretrial Stipulation.

Joint Pretrial Stipulation must include 8 specific elements

Source text: The Joint Pretrial Stipulation shall be signed by trial counsel for each party and shall set forth: (1) a realistic, good faith estimate of the total time for trial; (2) the parties’ agreed-upon facts and their disputed facts; (3) their respective claims and defenses; (4) the relief sought; (5) a list of lay and expert witnesses that identifies the subject(s) of their expected testimony and any expected objections to admissibility; (6) a list of exhibits to be used or introduced into evidence and any objections to their authenticity; (7) a summary of applicable law, including, in diversity cases, the basis for choosing the applicable law; and (8) any other disclosures required under Federal Rule of Civil Procedure 26(a)(3).

Exhibits must be provided in two tabbed loose leaf books (judge and law clerk copies).

Source text: Exhibits are to be provided to the Court in the form of two jointly prepared loose leaf exhibit books—one for the judge and one for her law clerk—each book containing tabbed Joint Exhibits, Plaintiffs Exhibits, and Defendant’s Exhibits.

Extension requests must be made via letter brief.

Source text: Judge Straw requires a letter brief requesting an extension.

Memoranda over 15 pages require table of contents and table of authorities.

Source text: Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.

All factual assertions in memoranda must be supported by pinpoint citations to the record.

Source text: 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.

Settlement conference requires 5-page summary (1 week before) and updated demand/offer (4 days before).

Source text: Judge Straw requires counsel to submit a brief written conference summary one week before the scheduled conference. In addition, the parties must provide the Court with an updated demand and offer four (4) days before the scheduled conference. The summary should not exceed five (5) pages, excluding attachments. If attachments are over 20 pages, a hard copy is to be sent to Judge Straw chambers by the date the summaries are due.

Good faith settlement discussions required before summary; updated positions in joint letter before conference.

Source text: Judge Straw requires the parties to engage in good faith settlement discussions prior to the submission of the written conference summary. Upon submission of the written conference summary and prior to the conference, the parties are required to update their settlement positions and submit a joint letter setting forth updated positions to Judge Straw.

Settlement conferences are mandatory and not discretionary.

Source text: Settlement conferences are scheduled by order of the Court and are not discretionary. Counsel and participants should use all efforts to be available for this conference.

Submit joint proposed jury instructions with areas of agreement and objections.

Source text: Judge Straw requires counsel to submit joint proposed jury instructions, noting areas of agreement as well as objections.

Submit jointly prepared verdict form or special interrogatories by scheduling order deadline.

Source text: Counsel will submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order.

Submit proposed findings of fact and conclusions of law at final pretrial conference or scheduling order deadline.

Source text: Judge Straw requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference or at such a date as set forth in a scheduling order.

Counsel must provide phone number to courtroom deputy.

Source text: Counsel must provide the courtroom deputy with their phone number.

Provide copy of interrogatories to jury during deliberations.

Source text: A copy of the interrogatories shall be given to the jury during their deliberations.

Sentencing memoranda due one week before scheduled sentencing.

Source text: Sentencing memoranda are due to Judge Straw one (1) week before the scheduled sentencing.

Parties and representatives with authority must participate in settlement conferences.

Source text: Judge Hey requires that parties and representatives with authority participate in settlement conferences.

Required discovery must be completed before the settlement conference.

Source text: If the parties have agreed that certain discovery should take place prior to the conference, they must complete that discovery before the conference.

Parties must provide a settlement status report by the end of all discovery if no prior contact with Judge Hey.

Source text: If the parties have not been in contact with Judge Hey respecting settlement prior to the end of all discovery, they shall provide a status report respecting settlement to Judge Hey by that date.

Pretrial Stipulation required instead of pretrial memoranda or Final Pretrial Order

Source text: In lieu of pretrial memoranda or a Final Pretrial Order, under Local Rules 16.1(d)(1) and (2), a Pretrial Stipulation shall be submitted, containing the following: