What must be included with trial exhibits filings in Eastern District of Pennsylvania?

Senior Judge Anita B. Brody: The rule requires exhibit list. Two marked copies of trial exhibits and three copies of exhibit list required for chambers. Magistrate Judge Elizabeth L Toplin: Before trial, counsel must meet and confer to prepare one set of pre-marked trial exhibits, and duplicate exhibits at trial are discouraged.

What must be included with disclosure statement filings in Eastern District of Pennsylvania?

Judge Mia Roberts Perez: The rule requires third party funding. Disclosure statements required to identify third-party litigation funding.

Eastern District of Pennsylvania Filing Requirements

Q: What must be included with proposed jury instructions filings in Eastern District of Pennsylvania?

Senior Judge Anita B. Brody: Proposed jury instructions must be emailed to law clerk in Microsoft Word format. Magistrate Judge Elizabeth L Toplin: Judge Toplin requires jointly proposed jury instructions with notations of areas of agreement as well as objections. Judge Kelley Brisbon Hodge: Parties must submit proposed jury instructions and verdict forms to the Court and serve them on opposing counsel.

Q: What must be included with motion filings in Eastern District of Pennsylvania?

Judge Mia Roberts Perez: The rule requires exhibit list, index of exhibits, and joint statement of facts. Summary judgment motions require jointly prepared statement of facts and exhibit list. Judge John Milton Younge: The rule requires proposed order. A government motion to introduce Rule 404(b) evidence is due by the scheduling-order deadline or, absent one, at least six weeks before trial; it must explain the evidence and its proper purpose, include a proposed preceding jury instruction, and any defense response is due within five business days. Magistrate Judge José R. Arteaga: The rule requires proposed order. Parties must file a formal motion to memorialize a confidentiality agreement, not just a stipulated proposed order.

Q: What must be included with voir dire filings in Eastern District of Pennsylvania?

Judge Mia Roberts Perez: The rule requires joint voir dire questions, joint neutral statement of facts, joint voir dire questions, and joint neutral statement of facts. 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. Senior Judge Joel H. Slomsky: The rule requires judge conducts voir dire. Judge conducts voir dire; counsel may submit proposed questions.

Q: What must be included with ecf filing filings in Eastern District of Pennsylvania?

Judge Mia Roberts Perez: The rule requires text searchable. ECF filings must be text-searchable; exhibits need descriptive file names; reference documents by docket number; don't use existing docketed documents as exhibits.

CRITICALCivil cases

Applies to: Trial exhibit
Must include: exhibit list

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

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.

Bankruptcy Derek J. Baker

CRITICALCivil cases

Applies to: Motion
Must include: separate statement of undisputed material facts

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

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.

Bankruptcy Patricia M. Mayer

CRITICAL

Applies to: Sentencing memorandum

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Joint appendix
Must include: bates stamping

Joint appendix pages must be consecutively Bates stamped and referenced.

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Stipulation
Must include: original signatures

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

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Initial disclosure

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

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Joint status report
Must include: joint status report

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

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Discovery

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions must include certification of good faith resolution efforts.

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Temporary restraining order
Must include: hearing notice, notice to respondent, service on respondent

TRO petitioners must notify and serve respondents when practical.

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Joint appendix
Must include: bates stamping, table of contents

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

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Exhibits
Must include: thumb drive

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

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Guilty plea memorandum

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

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Guilty plea memorandum

Guilty plea memoranda must include offense elements and legal citations.

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Summary judgment motion
Must include: joint appendix

Only appendix materials will be considered by the judge.

Judge Beetlestone will not consider material not included in the appendix.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Brief

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

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

Chief Judge Wendy Beetlestone

CRITICAL

Deadline: 24 hours
Applies to: Proposed findings conclusions

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Rule 16 conference
Must include: lead trial counsel attendance

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

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Continuance motion
Must include: proposed order

Continuance motions must include a proposed order.

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Reply statement of undisputed material facts
Must include: email to chambers
Format: WORD

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

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

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Jury instructions

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

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.

Chief Judge Wendy Beetlestone

CRITICAL

Applies to: Rule 26f report

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

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

Judge Catherine Henry

CRITICAL

Applies to: All
Must include: ai disclosure

AI use must be declared and cited authorities verified.

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.

Judge Catherine Henry

CRITICAL

Applies to: Threshold motion

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.

Judge Catherine Henry

CRITICAL

Applies to: Rule 26f report

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

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).

Judge Catherine Henry

CRITICAL

Applies to: Discovery motion
Must include: proposed order

Proposed order required with discovery motion.

A proposed order;

Judge Catherine Henry

CRITICAL

Applies to: Summary judgment motion
Must include: statement of facts

Statement of facts required with summary judgment motions.

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

Judge Catherine Henry

CRITICAL

Applies to: Motion
Must include: joint filing

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

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

Judge Catherine Henry

CRITICAL

Applies to: Continuance motion
Must include: existing conflicts, reason for request, amount of time sought +1 more

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Sentencing motion
Must include: judge name

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Continuance motion
Must include: consent form signed by defendant

Continuance motions require defendant's signed consent form.

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

Judge Catherine Henry

CRITICAL

Applies to: Sentencing memorandum
Must include: judge name, notice of electronic filing

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Discovery motion
Must include: proposed order

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

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

Judge Catherine Henry

CRITICAL

Applies to: Proposed order
Must include: proposed order

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

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."

Judge Catherine Henry

CRITICAL

Applies to: Motion

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Guilty plea memorandum

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Continuance motion

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.

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

Judge Catherine Henry

CRITICAL

Applies to: Trial memorandum

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Sentencing memorandum

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Sentencing memorandum

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Trial memorandum
Must include: judge name

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Motion

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Discovery motion

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

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;

Judge Catherine Henry

CRITICAL

Applies to: Rule 26f meeting

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

Judge Catherine Henry

CRITICAL

Applies to: Continuance motion
Must include: proposed order, speedy trial act compliance

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

Judge Catherine Henry

CRITICAL

Applies to: All
Must include: ai disclosure

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Pre sentence investigation report
Must include: judge name

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

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.

Judge Catherine Henry

CRITICAL

Applies to: Guilty plea memorandum
Must include: judge name

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

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.

Judge Catherine Henry

CRITICALCivil cases

Applies to: E discovery

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

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.

Judge Chad F. Kenney

CRITICALCivil cases

Applies to: E discovery

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

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.

Judge Chad F. Kenney

CRITICALCivil cases

Applies to: E discovery

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

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

Judge Chad F. Kenney

CRITICAL

Applies to: Sentencing memorandum

Judge Kenney may deny payment for CJA attorney services if counsel submit memoranda deemed inadequate boilerplate.

Defense attorneys appointed pursuant to the Criminal Justice Act are further advised that Judge Kenney may DENY PAYMENT for attorney services if counsel present any memoranda that are regarded as inadequate boilerplate submissions.

Judge Chad F. Kenney

CRITICAL

Applies to: Post hearing brief

Post-hearing briefs are prohibited after a Daubert hearing unless the Court orders them.

After the Hearing: The parties shall not file post-hearing briefs, unless ordered to do so by the Court.

Judge Chad F. Kenney

CRITICAL

Applies to: Statement of additional facts

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

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.

Judge Chad F. Kenney

CRITICALCivil cases

Applies to: Discovery conference
Must include: certificate of conference

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

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

Judge Chad F. Kenney

CRITICAL

Counsel must review opposing pretrial memoranda and immediately file a separate motion alerting the Court to any claims of surprise.

[Counsel must peruse opposing pretrial memoranda and immediately file a separate motion alerting the Court to any claims of "surprise."]

Judge Chad F. Kenney

CRITICALCivil cases

Applies to: E discovery

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

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

Judge Chad F. Kenney

CRITICAL

Applies to: Pretrial memorandum

In jury trials, parties must file proposed voir dire, proposed jury instructions, and a proposed verdict slip simultaneously with their pretrial memoranda.

In addition, for jury trials, the Court requires that the parties file proposed voir dire, proposed jury instructions, and a proposed verdict slip at the same time as their pretrial memoranda.

Judge Chad F. Kenney

CRITICALCivil cases

Applies to: Settlement discussion
Must include: certificate of conference

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

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.

Judge Chad F. Kenney

CRITICAL

Applies to: Pretrial conference memorandum
Must include: exhibit list, witness list

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

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.

Judge Gail A. Weilheimer

CRITICAL

Applies to: Pretrial conference memorandum

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

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

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion

Parties must file a motion for claim construction hearing simultaneously with the Joint Claim Construction Brief, stating briefing is complete and requested argument time.

When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion

All applications to the Court must be made by written motion unless otherwise specified.

Except as otherwise specified herein, any application to the Court shall be by written motion.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Brief

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion

Parties cannot unilaterally file their own Statement of Undisputed Facts.

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

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Answer

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Amended notice of removal

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Dispositive motion

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

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).

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Pretrial conference memorandum

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

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

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Trial procedure

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Exhibit
Must include: exhibit list

Three copies of trial exhibits required at commencement of trial.

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).

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Pro hac vice admission
Must include: local counsel appearance

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Pro hac vice admission
Must include: local rule compliance

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

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

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Exhibit
Must include: objective description

Exhibits must be separately numbered attachments with clear objective titles.

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).

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Joint statement of undisputed facts
Must include: certificate of conference

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

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”).

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Discovery

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Settlement conference memorandum

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Rule 26f report
Must include: joint submission

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Joint statement of undisputed facts

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Settlement memorandum

At least five days prior to the Settlement Conference. a confidential Settlement Memorandum should be sent via email to chambers at chambers weilheimer@paed.uscourts.gov. This document should not be docketed and should not be provided to opposing counsel.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion

Parties must file a motion for claim construction hearing simultaneously with the Joint Claim Construction Brief, stating briefing is complete and requested argument time.

When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Exhibit
Must include: objective description

Exhibits must be separately numbered attachments with clear objective titles.

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).

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Joint statement of undisputed facts
Must include: certificate of conference

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

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”).

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Discovery

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Settlement conference memorandum

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Rule 26f report
Must include: joint submission

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

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Motion

All applications to the Court must be made by written motion unless otherwise specified.

Except as otherwise specified herein, any application to the Court shall be by written motion.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Joint statement of undisputed facts

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.

Judge Gail A. Weilheimer

CRITICALCivil cases

Applies to: Protective order

No protective order or confidentiality order will be approved unless it contains language reserving the court's inherent power to modify the agreement and permit disclosure where the interest of justice requires.

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."

Judge Gerald A. McHugh

CRITICALCivil cases

Applies to: Motion for summary judgment

Except for formal stipulations of fully agreed facts, parties may not file a separate Statement of Undisputed Facts or Statement of Facts with a summary judgment motion; all fact references must be in the memorandum with record citations, failing which the motion may be denied or the filing stricken.

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.

Judge Gerald A. McHugh

CRITICAL

Applies to: Protective order

No protective order or confidentiality agreement will be approved unless it contains language reserving the Court's inherent power to modify its terms and permit disclosure where the interest of justice requires.

No protective order or confidentiality agreement 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.”

Judge Gerald J. Pappert

CRITICAL

Applies to: Brief

Any brief longer than ten pages must include a table of contents and a table of authorities.

Any brief longer than ten pages shall include a table of contents and table of authorities.

Judge Gerald J. Pappert

CRITICAL

Applies to: Opposition to summary judgment

Oppositions to summary judgment must include a paragraph-by-paragraph response to the movant's statement of material facts, and any material facts not controverted will be deemed admitted.

Any opposition to a motion for summary judgment must include a concise, paragraph-by-paragraph response to the statement of material facts, setting forth which facts the opposing party contends there is a genuine issue to be tried. The responding party may also set forth, in separate numbered paragraphs, any additional facts which the responding party contends preclude summary judgment. The Court will accept all material facts set forth in the moving party's statement as admitted unless controverted by the opposing party.

Judge Gerald J. Pappert

CRITICAL

Applies to: Motion for summary judgment

Rule 56 motions must include a concise statement of material facts in numbered paragraphs identifying the facts the movant contends are undisputed.

Any motion for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure must include a concise statement of material facts, in numbered paragraphs, to which the moving party contends there is no genuine issue to be tried.

Judge Gerald J. Pappert

CRITICAL

Applies to: Motion

All motions and responses must include an index that clearly identifies and describes any exhibits.

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

Judge Gerald J. Pappert

CRITICAL

Applies to: Joint exhibit book

The joint exhibit book must include an exhibit list briefly describing each exhibit.

The joint exhibit book must contain an exhibit list briefly describing each exhibit.

Judge Gerald J. Pappert

CRITICAL

Applies to: Objections to presentence investigation report

Parties must submit objections to the Pre-Sentence Investigation Report in accordance with the Notice of Sentencing, which is issued shortly after a guilty plea or conviction.

Judge Pappert requires the parties to submit objections to the Pre-Sentence Investigation Report and sentencing memoranda in accordance with the Notice of Sentencing, which will be issued shortly after the entry of a guilty plea or conviction.

Judge Gerald J. Pappert

CRITICAL

Applies to: Statement of material facts

Statements of material facts (supporting or opposing summary judgment) must cite specific parts of the record, and failure to do so may be grounds for denial of the requested relief.

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.

Judge Gerald J. Pappert

CRITICAL

Applies to: Any filing
Must include: ai disclosure

Any attorney or pro se party using generative AI on a filing must disclose the AI use, identify the generated portions and the tool used, and certify all citations were verified, or face sanctions including referral to disciplinary authorities, striking the filing, or monetary sanctions.

Any attorney or pro se party who uses generative artificial intelligence (“A.I.”) to prepare any complaint, answer, motion, brief or other paper filed with the Court shall: (1) disclose that generative artificial intelligence was used to prepare the filing; (2) identify precisely what portion or portions of the document contain the generated content; (3) identify the specific tool used and how it was used; and (4) certify that each any 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. Failure to do so may result in referral to this Court’s Disciplinary Committee and /or appropriate state bar, striking the filings from the docket, the imposition of monetary sanctions or any other sanction the Court deems appropriate.

Judge Gerald J. Pappert

CRITICAL

Applies to: Proposed findings conclusions

In non-jury cases, the parties must submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.

In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.

Judge Gerald J. Pappert

CRITICAL

Applies to: Exhibits

Exhibits must be pre-marked and exchanged in advance of trial.

Judge Gerald J. Pappert

CRITICAL

Applies to: Statement of material facts

Statements of material facts (supporting or opposing summary judgment) must cite specific parts of the record, and failure to do so may be grounds for denial of the requested relief.

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.

Judge Gerald J. Pappert

CRITICAL

Applies to: Any filing
Must include: ai disclosure

Any attorney or pro se party using generative AI on a filing must disclose the AI use, identify the generated portions and the tool used, and certify all citations were verified, or face sanctions including referral to disciplinary authorities, striking the filing, or monetary sanctions.

Any attorney or pro se party who uses generative artificial intelligence (“A.I.”) to prepare any complaint, answer, motion, brief or other paper filed with the Court shall: (1) disclose that generative artificial intelligence was used to prepare the filing; (2) identify precisely what portion or portions of the document contain the generated content; (3) identify the specific tool used and how it was used; and (4) certify that each any 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. Failure to do so may result in referral to this Court’s Disciplinary Committee and /or appropriate state bar, striking the filings from the docket, the imposition of monetary sanctions or any other sanction the Court deems appropriate.

Judge Gerald J. Pappert

CRITICAL

Applies to: Proposed findings conclusions

In non-jury cases, the parties must submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.

In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.

Judge Gerald J. Pappert

CRITICAL

Applies to: Exhibits

Exhibits must be pre-marked and exchanged in advance of trial.

Judge Gerald J. Pappert

CRITICALCivil cases

Applies to: Joint status report
Must include: chambers copy

This form should be submitted to Chambers by email (preferred) or hard copy.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Pretrial conference
Must include: client authority, lead trial counsel attendance

Lead trial counsel must attend Rule 16 conference with authority to discuss all subjects

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.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Voir dire questions

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

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Deposition
Must include: oral or videotaped deposition

Unavailable witnesses must have oral or videotaped deposition used at trial.

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.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Jury instructions

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

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.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Proposed findings conclusions
Must include: proposed findings conclusions

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

Judge Schmehl requires submission of proposed findings of fact and conclusions of law for TRO and injunction hearings. The court will set the time for submission of these items at the pre-hearing conference.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Jury instructions
Must include: page references, accurate quoting

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

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Jury instructions

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

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Motion

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

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

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Proposed findings conclusions

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

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

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Jury instructions
Must include: judge name

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.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Arbitration

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

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Joint status report
Must include: judge name

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

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.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Proposed findings conclusions

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.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Jury instructions
Must include: citation to specific authority

Proposed jury instructions without citations will not be considered.

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

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Proposed findings conclusions
Must include: judge name

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.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Motion
Must include: judge name

Motions for JMOL and involuntary dismissal must be in writing.

Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials must be in writing.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Post arbitration

No discovery or dispositive motions after arbitration hearing.

Ordinarily, neither discovery nor dispositive motions will be allowed after the arbitration hearing.

Judge Jeffrey L. Schmehl

CRITICAL

Applies to: Motion
Must include: certificate of conference

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

Any Rule 12 motion to dismiss must be accompanied by a certification (preferably filed separately on the docket) that the parties have met and conferred on the substance of the motion, and a statement of each party’s position and reasons for whether or not discovery should proceed while the Rule 12 motion is pending.

Judge John F. Murphy

CRITICAL

Applies to: Pretrial order
Must include: judge name

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

The final pretrial conference will be scheduled for a time between the filing of the integrated pretrial memorandum and the beginning of the trial. At the conference, counsel must be prepared to discuss all aspects of the memorandum; any pending motions; any objections that have been raised; the jury instructions and verdict sheet, if they have been filed; how exhibits will be handled and other trial logistics; and any other aspect of trial planning.

Judge John F. Murphy

CRITICAL

Applies to: Exhibits
Must include: no duplicate exhibits

Do not attach as exhibits documents already on the docket.

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

Judge John F. Murphy

CRITICAL

Applies to: Extension request
Must include: ecf filing, good cause

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

Requests for extensions of time must be made by motion or stipulation filed by ECF (and not sent to the Clerk of Court, e-mailed to chambers, or requested by telephone). Such requests — even if joint or unopposed — must show good cause for proposed extension. Lack of diligence generally defeats good cause.

Judge John F. Murphy

CRITICAL

Applies to: Joint rule 26f report

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

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

Judge John F. Murphy

CRITICAL

Applies to: Rule 26a1 initial disclosures

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

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

Judge John F. Murphy

CRITICAL

Applies to: Amended pleading
Must include: redline version

Amended pleadings require a redline version showing changes.

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

Judge John F. Murphy

CRITICAL

Applies to: Discovery motion
Must include: proposed order

Discovery motions must include detailed proposed orders with specific relief.

The motion (and any opposition) must include a detailed and specific proposed order setting forth the precise relief requested; only for the simplest of motions is it sufficient to merely state that the motion is granted.

Judge John F. Murphy

CRITICAL

Applies to: Motion
Must include: statement of facts

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

A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.

Judge John F. Murphy

CRITICAL

Applies to: Motion
Must include: statement of facts

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

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

Judge John F. Murphy

CRITICAL

Applies to: Jury instructions
Must include: judge name

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

The parties shall then meet and confer to resolve as many disputes as possible. Finally, by the court’s deadline, the parties shall file a single set of jury instructions and a single verdict sheet, clearly reflecting alternative language using different formatting, brackets, redlining, or the like, and reasons therefore.

Judge John F. Murphy

CRITICAL

Applies to: Jury instructions
Must include: proposed order

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:

Judge John F. Murphy

CRITICAL

Applies to: Jury instructions
Must include: judge name

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

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).

Judge John F. Murphy

CRITICAL

Applies to: Jury instructions
Must include: judge name

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

Unless otherwise ordered, at least 14 days before the deadline for filing proposed verdict sheets and proposed jury instructions, the plaintiff shall serve on defendant draft jury instructions and a draft verdict sheet, both in Word format. The draft instructions shall include thorough citations to model instructions or other legal authority relied upon.

Judge John F. Murphy

CRITICAL

Applies to: Discovery motion
Must include: local rule certificate

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

Judge John F. Murphy

CRITICAL

Applies to: Dismissal request
Must include: judge name

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

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

Judge John F. Murphy

CRITICAL

Applies to: Exhibits
Must include: web page exhibits

Web pages relied upon must be attached as exhibits.

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

Judge John F. Murphy

CRITICAL

Applies to: Jury instructions
Must include: judge name

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

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.

Judge John F. Murphy

CRITICAL

Applies to: Stipulation
Must include: chambers copy

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

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.

Judge John M. Gallagher

CRITICAL

Applies to: Jury instructions verdict forms
Must include: joint proposed set

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

Judge John M. Gallagher

CRITICAL

Applies to: Rule 16 conference
Must include: lead counsel in person

Lead trial counsel must attend Rule 16 conference in person.

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

Judge John M. Gallagher

CRITICAL

Applies to: Sentencing memorandum
Must include: judge name

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

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.

Judge John M. Gallagher

CRITICAL

Applies to: Privilege log

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

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.

Judge John M. Gallagher

CRITICAL

Applies to: Motion for summary judgment
Must include: statement of undisputed facts

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

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.

Judge John M. Gallagher

CRITICAL

Applies to: Appendix
Must include: timely filed, appropriately formatted

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

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

Judge John M. Gallagher

CRITICAL

Applies to: Initial pretrial conference
Must include: address all rule 16 topics, address settlement proposals

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.

Judge John M. Gallagher

CRITICAL

Deadline: 7 calendar days
Applies to: Joint status report
Must include: joint status report

Joint status report required 7 days before pretrial conference.

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).

Judge John M. Gallagher

CRITICAL

Applies to: Rule 26f form
Must include: use court sample form

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

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

Judge John M. Gallagher

CRITICAL

Applies to: Motion for summary judgment
Must include: appendix

Movant must file appendix with all cited evidence.

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

Judge John M. Gallagher

CRITICAL

Applies to: Pretrial memorandum
Must include: judge name

Pretrial memoranda must include all stipulations of counsel.

1. All stipulations of counsel.

Judge John M. Gallagher

CRITICAL

Applies to: Pretrial memorandum
Must include: judge name

Pretrial memoranda must include specific evidentiary objections with particularity.

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.

Judge John M. Gallagher

CRITICAL

Applies to: Exhibits

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

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.

Judge John M. Gallagher

CRITICAL

Applies to: Jury instructions verdict forms
Must include: disputed instruction statements

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.

Judge John M. Gallagher

CRITICAL

Applies to: Pro hac vice application

Pro hac vice applications must be submitted in writing on the Court’s website forms and include a signed affidavit or certification of good standing in another jurisdiction’s bar.

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.

Judge John Milton Younge

CRITICAL

Applies to: Motion and response
Must include: proposed order

Every motion and response must be filed with a proposed order.

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

Judge John Milton Younge

CRITICAL

Applies to: Discovery motion
Must include: local rule certificate

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

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

Judge John Milton Younge

CRITICAL

Applies to: Confidentiality order

Confidentiality orders must contain the stated reservation-of-rights language or substantially similar language.

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.”

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment motion and opposition
Must include: statement of facts

Summary judgment motions and oppositions must recite facts with complete and accurate citations to the record.

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

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment motion

A summary judgment motion must include a separate, numbered Statement of Undisputed Material Facts limited to facts bearing on dispositive material issues.

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. Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Material Facts.

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment opposition

Opposition papers to summary judgment must include a separate statement responding to the moving party’s numbered facts; respondents may also list additional disputed material facts in separate numbered paragraphs.

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

Judge John Milton Younge

CRITICAL

Applies to: Statement of material facts

All facts are deemed admitted unless the opposing party addresses them as required by these procedures.

4. Without exception, all facts set forth shall be deemed admitted unless addressed by the opposing party as set forth herein

Judge John Milton Younge

CRITICAL

Applies to: Statement of material facts

Summary judgment statements of material facts must support each fact with specific record references and pinpoint citations; unsupported fact descriptions will not be considered.

5. 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.

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment motion practice

Summary judgment motion practice that does not comply with these procedures will be stricken.

Summary judgment motion practice that fails to follow these procedures to the letter will be stricken.

Judge John Milton Younge

CRITICAL

Applies to: Pretrial submissions

Unless otherwise specified, the parties must submit jointly proposed voir dire questions and a brief statement of the case by a court-set date, normally about three weeks before trial.

Unless otherwise specified, Judge Younge requires the parties to submit the following by a date set by the Court, which is normally approximately three weeks prior to the trial date: 1. Jointly-proposed voir dire questions; 2. Jointly-proposed brief statement of the case;

Judge John Milton Younge

CRITICAL

Applies to: Pretrial submissions

The required pretrial submissions also include jointly proposed jury instructions and verdict sheet, motions in limine, and final pretrial memoranda under Local Civil Rule 16.1(c).

3. Jointly-proposed jury instructions; 4. Jointly-proposed verdict sheet; 5. Motions in limine; and 6. Final pretrial memoranda pursuant to Local Civil Rule 16.1(c).

Judge John Milton Younge

CRITICAL

Applies to: Proposed point for charge

Each proposed point for charge must be numbered and presented on a separate sheet of paper.

b. Each proposed point for charge shall be numbered and on a separate sheet of paper.

Judge John Milton Younge

CRITICAL

Applies to: Joint submission

If counsel cannot agree on a point for charge or interrogatory, the joint submission must include each party’s alternative version and rationale.

c. Where counsel cannot agree on a particular point for charge or interrogatory, the joint submissions shall provide the alternative version proposed by each party and the rationale for each.

Judge John Milton Younge

CRITICAL

Applies to: Joint submission

If a party objects to a proposed point for charge or interrogatory in its entirety, the joint submission must note the objection and include that party’s rationale.

d. Where one party proposed a point for charge or interrogatory and the other party objects to the proposal in its entirety (i.e, wishes nothing be used, as opposed to an alternative version), the joint submission shall note such and include the objecting party’s rationale.

Judge John Milton Younge

CRITICAL

Applies to: Deposition notice

Written deposition-use notification must identify the page and line numbers of challenged testimony and clearly state the objection’s basis.

Written ===== PAGE 16 ===== notification must set forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.

Judge John Milton Younge

CRITICAL

Applies to: TRO conference

All counsel must be present for the TRO conference unless the circumstances are so urgent that notice to opposing counsel is precluded.

Judge Younge requires all counsel to be present unless the urgency of circumstances precludes notice to opposing counsel.

Judge John Milton Younge

CRITICAL

Applies to: Injunction case submission

In injunction cases, parties must submit proposed findings of fact and conclusions of law under Federal Rule of Civil Procedure 52(a).

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).

Judge John Milton Younge

CRITICAL

Applies to: Non jury trial submission

In a non-jury trial, the parties must file a stipulation of uncontested facts.

In a non-jury trial, the parties shall file a stipulation of uncontested facts.

Judge John Milton Younge

CRITICAL

Applies to: Proposed findings conclusions

Each party must submit proposed findings of fact and conclusions of law.

Each party shall submit proposed findings of fact and conclusions of law.

Judge John Milton Younge

CRITICAL

Applies to: Continuance motion
Must include: proposed order

A continuance motion must include a proposed order with a detailed proposed ends-of-justice finding consistent with the Speedy Trial Act.

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.

Judge John Milton Younge

CRITICAL

Applies to: Continuance motion

A trial-continuance motion must include a speedy-trial waiver, using the form attached to the first trial listing.

Any motion for a continuance of trial date must be accompanied by a speedy trial waiver. The speedy trial waiver form can be found as an attachment to the first trial listing.

Judge John Milton Younge

CRITICAL

Applies to: Trial memorandum

The government must file a trial memorandum at least three weeks before trial or as provided by the scheduling order, and any defense response is due within seven days thereafter.

At least three weeks prior to the trial date and/or in accordance with the scheduling order entered by the Court, the government must file a trial memorandum 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’s testimony and any legal issues. Any defense response to the government’s trial memorandum shall be filed within seven (7) days thereafter.

Judge John Milton Younge

CRITICAL

Applies to: Motion
Must include: proposed order

A government motion to introduce Rule 404(b) evidence is due by the scheduling-order deadline or, absent one, at least six weeks before trial; it must explain the evidence and its proper purpose, include a proposed preceding jury instruction, and any defense response is due within five business days.

If the government expects to introduce Rule 404(b) evidence relating to other crimes, wrongs, or acts, it must file a motion on or before the deadline set by the Court in its scheduling order (or at least six (6) weeks before trial if the Court does not enter a scheduling order). The motion shall include a brief summary of the proposed evidence, identifying 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 motion shall also include a proposed jury instruction to precede the introduction of such evidence. Any defense response is due within five (5) business days thereafter.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea memorandum

The government must submit a guilty plea memorandum and any plea agreement no later than ten days before the guilty plea date.

Judge Younge requires the government to submit a guilty plea memorandum and a copy of any plea agreement no later than ten (10) days prior to the guilty plea date.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea memorandum

A guilty plea memorandum must state the offense elements and citations, statutory penalties, plea agreement terms, and factual basis for the plea.

A guilty plea ===== PAGE 20 ===== memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such elements; the maximum (and mandatory minimum, if any) statutory penalties for each offense; the terms of any plea agreement; and the factual basis for the plea.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea memorandum

The guilty plea agreement and memorandum must identify whether the plea is general, conditional, or nolo contendere.

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.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea agreement

The plea agreement must disclose to the defendant and the Court whether the plea is under Rule 11(c)(1)(A), (B), or (C), and identify the applicable type of government obligation or sentencing recommendation.

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).

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea agreement

For a Rule 11(c)(1)(B) plea, the plea agreement must state that the defendant has no right to withdraw the plea if the Court does not follow the recommendation or request.

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).

Judge John Milton Younge

CRITICAL

Applies to: Presentence investigation report objections

All objections to the Presentence Investigation Report must be sent to the probation officer before sentencing.

To avoid delay in sentencing, all objections to the Presentence Investigation Report (PSR) must be sent to the probation officer in advance of sentencing.

Judge John Milton Younge

CRITICAL

Applies to: Sentencing memorandum

Counsel may not raise objections for the first time in a sentencing memorandum.

In no event shall counsel raise objections for the first time in a sentencing memorandum.

Judge John Milton Younge

CRITICAL

Applies to: Sentencing memorandum

When restitution is at issue, the government’s sentencing memorandum must provide specified victim, loss, and supporting-document information, and itemize each defendant’s share of joint and several liability.

If a defendant is responsible for restitution, the government must submit sufficient information in its sentencing memorandum to enable the Court 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 government shall itemize the restitution amount for which each defendant is responsible.

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment filings

The parties must file separate statements of material facts rather than relying only on a factual narration in a brief.

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:

Judge John Milton Younge

CRITICAL

Applies to: Pro hac vice application

Pro hac vice applications must be submitted in writing on the Court’s website forms and include a signed affidavit or certification of good standing in another jurisdiction’s bar.

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.

Judge John Milton Younge

CRITICAL

Applies to: Motion and response
Must include: proposed order

Every motion and response must be filed with a proposed order.

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

Judge John Milton Younge

CRITICAL

Applies to: Discovery motion
Must include: local rule certificate

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

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

Judge John Milton Younge

CRITICAL

Applies to: Confidentiality order

Confidentiality orders must contain the stated reservation-of-rights language or substantially similar language.

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.”

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment motion and opposition
Must include: statement of facts

Summary judgment motions and oppositions must recite facts with complete and accurate citations to the record.

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

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment motion

A summary judgment motion must include a separate, numbered Statement of Undisputed Material Facts limited to facts bearing on dispositive material issues.

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. Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Material Facts.

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment opposition

Opposition papers to summary judgment must include a separate statement responding to the moving party’s numbered facts; respondents may also list additional disputed material facts in separate numbered paragraphs.

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

Judge John Milton Younge

CRITICAL

Applies to: Statement of material facts

All facts are deemed admitted unless the opposing party addresses them as required by these procedures.

4. Without exception, all facts set forth shall be deemed admitted unless addressed by the opposing party as set forth herein

Judge John Milton Younge

CRITICAL

Applies to: Statement of material facts

Summary judgment statements of material facts must support each fact with specific record references and pinpoint citations; unsupported fact descriptions will not be considered.

5. 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.

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment motion practice

Summary judgment motion practice that does not comply with these procedures will be stricken.

Summary judgment motion practice that fails to follow these procedures to the letter will be stricken.

Judge John Milton Younge

CRITICAL

Applies to: Pretrial submissions

Unless otherwise specified, the parties must submit jointly proposed voir dire questions and a brief statement of the case by a court-set date, normally about three weeks before trial.

Unless otherwise specified, Judge Younge requires the parties to submit the following by a date set by the Court, which is normally approximately three weeks prior to the trial date: 1. Jointly-proposed voir dire questions; 2. Jointly-proposed brief statement of the case;

Judge John Milton Younge

CRITICAL

Applies to: Pretrial submissions

The required pretrial submissions also include jointly proposed jury instructions and verdict sheet, motions in limine, and final pretrial memoranda under Local Civil Rule 16.1(c).

3. Jointly-proposed jury instructions; 4. Jointly-proposed verdict sheet; 5. Motions in limine; and 6. Final pretrial memoranda pursuant to Local Civil Rule 16.1(c).

Judge John Milton Younge

CRITICAL

Applies to: Proposed point for charge

Each proposed point for charge must be numbered and presented on a separate sheet of paper.

b. Each proposed point for charge shall be numbered and on a separate sheet of paper.

Judge John Milton Younge

CRITICAL

Applies to: Joint submission

If counsel cannot agree on a point for charge or interrogatory, the joint submission must include each party’s alternative version and rationale.

c. Where counsel cannot agree on a particular point for charge or interrogatory, the joint submissions shall provide the alternative version proposed by each party and the rationale for each.

Judge John Milton Younge

CRITICAL

Applies to: Joint submission

If a party objects to a proposed point for charge or interrogatory in its entirety, the joint submission must note the objection and include that party’s rationale.

d. Where one party proposed a point for charge or interrogatory and the other party objects to the proposal in its entirety (i.e, wishes nothing be used, as opposed to an alternative version), the joint submission shall note such and include the objecting party’s rationale.

Judge John Milton Younge

CRITICAL

Applies to: Deposition notice

Written deposition-use notification must identify the page and line numbers of challenged testimony and clearly state the objection’s basis.

Written ===== PAGE 16 ===== notification must set forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.

Judge John Milton Younge

CRITICAL

Applies to: TRO conference

All counsel must be present for the TRO conference unless the circumstances are so urgent that notice to opposing counsel is precluded.

Judge Younge requires all counsel to be present unless the urgency of circumstances precludes notice to opposing counsel.

Judge John Milton Younge

CRITICAL

Applies to: Injunction case submission

In injunction cases, parties must submit proposed findings of fact and conclusions of law under Federal Rule of Civil Procedure 52(a).

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).

Judge John Milton Younge

CRITICAL

Applies to: Non jury trial submission

In a non-jury trial, the parties must file a stipulation of uncontested facts.

In a non-jury trial, the parties shall file a stipulation of uncontested facts.

Judge John Milton Younge

CRITICAL

Applies to: Proposed findings conclusions

Each party must submit proposed findings of fact and conclusions of law.

Each party shall submit proposed findings of fact and conclusions of law.

Judge John Milton Younge

CRITICAL

Applies to: Continuance motion
Must include: proposed order

A continuance motion must include a proposed order with a detailed proposed ends-of-justice finding consistent with the Speedy Trial Act.

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.

Judge John Milton Younge

CRITICAL

Applies to: Continuance motion

A trial-continuance motion must include a speedy-trial waiver, using the form attached to the first trial listing.

Any motion for a continuance of trial date must be accompanied by a speedy trial waiver. The speedy trial waiver form can be found as an attachment to the first trial listing.

Judge John Milton Younge

CRITICAL

Applies to: Trial memorandum

The government must file a trial memorandum at least three weeks before trial or as provided by the scheduling order, and any defense response is due within seven days thereafter.

At least three weeks prior to the trial date and/or in accordance with the scheduling order entered by the Court, the government must file a trial memorandum 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’s testimony and any legal issues. Any defense response to the government’s trial memorandum shall be filed within seven (7) days thereafter.

Judge John Milton Younge

CRITICAL

Applies to: Motion
Must include: proposed order

A government motion to introduce Rule 404(b) evidence is due by the scheduling-order deadline or, absent one, at least six weeks before trial; it must explain the evidence and its proper purpose, include a proposed preceding jury instruction, and any defense response is due within five business days.

If the government expects to introduce Rule 404(b) evidence relating to other crimes, wrongs, or acts, it must file a motion on or before the deadline set by the Court in its scheduling order (or at least six (6) weeks before trial if the Court does not enter a scheduling order). The motion shall include a brief summary of the proposed evidence, identifying 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 motion shall also include a proposed jury instruction to precede the introduction of such evidence. Any defense response is due within five (5) business days thereafter.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea memorandum

The government must submit a guilty plea memorandum and any plea agreement no later than ten days before the guilty plea date.

Judge Younge requires the government to submit a guilty plea memorandum and a copy of any plea agreement no later than ten (10) days prior to the guilty plea date.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea memorandum

A guilty plea memorandum must state the offense elements and citations, statutory penalties, plea agreement terms, and factual basis for the plea.

A guilty plea ===== PAGE 20 ===== memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such elements; the maximum (and mandatory minimum, if any) statutory penalties for each offense; the terms of any plea agreement; and the factual basis for the plea.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea memorandum

The guilty plea agreement and memorandum must identify whether the plea is general, conditional, or nolo contendere.

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.

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea agreement

The plea agreement must disclose to the defendant and the Court whether the plea is under Rule 11(c)(1)(A), (B), or (C), and identify the applicable type of government obligation or sentencing recommendation.

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).

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea agreement

For a Rule 11(c)(1)(B) plea, the plea agreement must state that the defendant has no right to withdraw the plea if the Court does not follow the recommendation or request.

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).

Judge John Milton Younge

CRITICAL

Applies to: Presentence investigation report objections

All objections to the Presentence Investigation Report must be sent to the probation officer before sentencing.

To avoid delay in sentencing, all objections to the Presentence Investigation Report (PSR) must be sent to the probation officer in advance of sentencing.

Judge John Milton Younge

CRITICAL

Applies to: Sentencing memorandum

Counsel may not raise objections for the first time in a sentencing memorandum.

In no event shall counsel raise objections for the first time in a sentencing memorandum.

Judge John Milton Younge

CRITICAL

Applies to: Sentencing memorandum

When restitution is at issue, the government’s sentencing memorandum must provide specified victim, loss, and supporting-document information, and itemize each defendant’s share of joint and several liability.

If a defendant is responsible for restitution, the government must submit sufficient information in its sentencing memorandum to enable the Court 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 government shall itemize the restitution amount for which each defendant is responsible.

Judge John Milton Younge

CRITICAL

Applies to: Summary judgment filings

The parties must file separate statements of material facts rather than relying only on a factual narration in a brief.

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:

Judge John Milton Younge

CRITICAL

Applies to: Guilty plea memorandum

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Stipulation

Stipulations are not effective until approved by the Court

Stipulations are not effective until approved by the Court.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion
Must include: certificate of conference

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Temporarily restraining order

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

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Preliminary injunction
Must include: witness information exchange

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment motion
Must include: record citations

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Preliminary injunction
Must include: witness information exchange

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

(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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment opposition

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment opposition
Must include: deposition transcripts

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment opposition

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

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment opposition
Must include: record citations

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion to seal
Must include: proposed order

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Jury instructions

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Jury instructions

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Brief

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

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion
Must include: proposed order

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

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).

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Reply brief

Reply briefs must be filed within 7 days of opposition service

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Brief

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

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Guilty plea agreement

Guilty plea agreement must specify plea type

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Guilty plea agreement

Guilty plea agreement must be submitted 7 days before plea hearing

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Guilty plea agreement

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

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).

Judge Joseph F. Leeson, Jr.

CRITICAL

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Exhibit

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Proposed findings of fact and conclusions of law

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment motion
Must include: deposition transcripts

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment motion

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Guilty plea agreement

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion to seal
Must include: certificate of conference

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

A certificate of concurrence or non-concurrence must be attached.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion
Must include: certificate of concurrence

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

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion
Must include: proposed order

Each motion must include a proposed order.

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Guilty plea memorandum

Government must file guilty plea memorandum 7 days before plea hearing

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Exhibit

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

Judge Joseph F. Leeson, Jr.

CRITICALCivil cases

Applies to: Settlement conference
Must include: party with settlement authority

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

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.

Judge Joseph F. Leeson, Jr.

CRITICALCivil cases

Applies to: Settlement conference memorandum
Must include: settlement conference memorandum

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

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.

Judge Joseph F. Leeson, Jr.

CRITICALCivil cases

Applies to: Settlement conference memorandum
Must include: chambers copy
Format: DOCX

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

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment motion
Must include: deposition transcripts

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Summary judgment motion

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

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.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Guilty plea agreement

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion to seal
Must include: certificate of conference

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

A certificate of concurrence or non-concurrence must be attached.

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion
Must include: certificate of concurrence

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

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Motion
Must include: proposed order

Each motion must include a proposed order.

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Guilty plea memorandum

Government must file guilty plea memorandum 7 days before plea hearing

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Exhibit

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

Judge Joseph F. Leeson, Jr.

CRITICAL

Applies to: Reply brief, sur reply brief

Counsel should file replies and sur-replies only when necessary. Such briefs must be concise and address only new issues raised by opposing counsel. Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.

Judge Joshua D. Wolson

CRITICAL

Applies to: Any

Parties are prohibited from making additional submissions except to notify the court of subsequent binding authority.

Parties may not make additional submissions, whether captioned as a brief, a letter, a notice, or anything else, other than to notify Judge Wolson of subsequent binding authority.

Judge Joshua D. Wolson

CRITICAL

Applies to: Statement of undisputed material facts

Statement of undisputed material facts must be in numbered, paragraph-by-paragraph format with specific citations to supporting exhibits or testimony.

a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;

Judge Joshua D. Wolson

CRITICAL

Applies to: Response to statement of facts

Response to statement of undisputed facts must include each response directly under the original paragraph, citations to evidence creating material dispute or arguing moving party's evidence is insufficient, and any additional facts for summary judgment briefing.

the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;

Judge Joshua D. Wolson

CRITICAL

Applies to: Discovery motion

Discovery motions must include attachments of the relevant discovery requests and written responses.

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

Judge Joshua D. Wolson

CRITICAL

Applies to: Brief

Parties are prohibited from incorporating by reference arguments from other briefs; repeated arguments must be included in full in the brief, or they will not be considered.

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 substance of the argument in the brief. If a party purports to incorporate an argument by reference, Judge Wolson will not consider the argument.

Judge Joshua D. Wolson

CRITICAL

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions' certificate of counsel must detail informal resolution efforts, including verbal communications; emails/letters alone are insufficient, and vague 'reasonable efforts' claims are prohibited.

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.” Judge Wolson will deny a discovery motion that does not meet these requirements.

Judge Joshua D. Wolson

CRITICAL

Applies to: Privilege log

Privilege logs must provide sufficient information for the opposing party to determine the privilege basis; for multiple withheld emails, each must be described unless the same privilege applies to all, allowing collective description.

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 to only the e-mail at the top of the e-mail string, and the basis for withholding each e-mail. Where several e-mails are exchanged between individuals, and the same privilege claim applies to all those e-mails, the party asserting privilege may describe the e-mails collectively, rather than one-by-one.

Judge Joshua D. Wolson

CRITICAL

Applies to: Motion
Must include: local rule certificate

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

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

Judge Joshua D. Wolson

CRITICAL

Applies to: Brief

Briefs exceeding 10 pages must contain a table of contents.

Any briefs longer than ten pages must include a table of contents.

Judge Joshua D. Wolson

CRITICAL

Applies to: Stipulation of dismissal

Parties seeking to have Judge Wolson retain jurisdiction to enforce a settlement must either place the settlement agreement on the docket or include all material terms of the agreement in the stipulation of dismissal.

If the parties want Judge Wolson to retain jurisdiction to enforce a settlement, they must place the agreement on the docket or include all material terms in a stipulation of dismissal.

Judge Joshua D. Wolson

CRITICAL

Applies to: Motion
Must include: proposed order

Continuance motions must state reasons for request and include a proposed order complying with the Speedy Trial Act.

A party seeking a continuance must submit a motion stating the reasons for the request. Any such motion must be accompanied by a proposed order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161.

Judge Joshua D. Wolson

CRITICAL

Applies to: Written submission

Substantive arguments in footnotes are prohibited and will not be considered or preserved.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Proposed order

Proposed orders for continuances must include a finding explaining why ends of justice outweigh speedy trial interests.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Pretrial memorandum

Pre-trial memoranda must include essential elements, facts, witness list, witness testimony, and legal issues.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Guilty plea memorandum

Guilty plea memoranda must include elements of the offense (text cut off).

The memorandum shall include the elements of

Judge Joshua D. Wolson

CRITICAL

Applies to: Sentencing memorandum

For joint and several restitution liability, the Government must itemize each defendant's restitution responsibility in its sentencing memorandum.

If liability for restitution is joint and several, then the Government shall itemize the restitution amount for which each defendant is responsible.

Judge Joshua D. Wolson

CRITICAL

Applies to: Sentencing memorandum

Government sentencing memoranda must include detailed restitution information if the defendant is responsible for restitution.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Pretrial memorandum

Pretrial memoranda must include all matters required by Local Rule of Civil Procedure 16.1, plus the party’s position on trial time limits and proposed limit if applicable.

When a party submits a pretrial memorandum, it must include all matters set forth in Local Rule of Civil Procedure 16.1, as well as its 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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Brief
Must include: word count

Briefs using the word count limit instead of the page limit must include a certification that the brief contains no more than the applicable word count.

unless counsel includes a certification that the brief contains no more than 8,750 words.

Judge Joshua D. Wolson

CRITICAL

Applies to: Summary judgment motion

Summary judgment motions must be accompanied by a joint consolidated statement of facts and joint set of all cited exhibits.

A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.

Judge Joshua D. Wolson

CRITICAL

Applies to: Written submission

Substantive arguments are prohibited in footnotes of written submissions; such arguments will not be considered or preserved for appeal.

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

Judge Joshua D. Wolson

CRITICAL

Applies to: Response

Parties are prohibited from responding to a motion for reconsideration unless the Court orders a response.

Parties shall not respond to a motion for reconsideration absent a Court Order.

Judge Joshua D. Wolson

CRITICAL

Applies to: Motion

Requests for protective orders or confidentiality agreement approvals must be filed as motions; stipulated proposed orders are not accepted in lieu of a motion.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Reply brief, sur reply brief

Counsel should file replies and sur-replies only when necessary. Such briefs must be concise and address only new issues raised by opposing counsel. Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.

Judge Joshua D. Wolson

CRITICAL

Applies to: Any

Parties are prohibited from making additional submissions except to notify the court of subsequent binding authority.

Parties may not make additional submissions, whether captioned as a brief, a letter, a notice, or anything else, other than to notify Judge Wolson of subsequent binding authority.

Judge Joshua D. Wolson

CRITICAL

Applies to: Statement of undisputed material facts

Statement of undisputed material facts must be in numbered, paragraph-by-paragraph format with specific citations to supporting exhibits or testimony.

a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;

Judge Joshua D. Wolson

CRITICAL

Applies to: Response to statement of facts

Response to statement of undisputed facts must include each response directly under the original paragraph, citations to evidence creating material dispute or arguing moving party's evidence is insufficient, and any additional facts for summary judgment briefing.

the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;

Judge Joshua D. Wolson

CRITICAL

Applies to: Discovery motion

Discovery motions must include attachments of the relevant discovery requests and written responses.

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

Judge Joshua D. Wolson

CRITICAL

Applies to: Brief

Parties are prohibited from incorporating by reference arguments from other briefs; repeated arguments must be included in full in the brief, or they will not be considered.

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 substance of the argument in the brief. If a party purports to incorporate an argument by reference, Judge Wolson will not consider the argument.

Judge Joshua D. Wolson

CRITICAL

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions' certificate of counsel must detail informal resolution efforts, including verbal communications; emails/letters alone are insufficient, and vague 'reasonable efforts' claims are prohibited.

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.” Judge Wolson will deny a discovery motion that does not meet these requirements.

Judge Joshua D. Wolson

CRITICAL

Applies to: Privilege log

Privilege logs must provide sufficient information for the opposing party to determine the privilege basis; for multiple withheld emails, each must be described unless the same privilege applies to all, allowing collective description.

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 to only the e-mail at the top of the e-mail string, and the basis for withholding each e-mail. Where several e-mails are exchanged between individuals, and the same privilege claim applies to all those e-mails, the party asserting privilege may describe the e-mails collectively, rather than one-by-one.

Judge Joshua D. Wolson

CRITICAL

Applies to: Motion
Must include: local rule certificate

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

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

Judge Joshua D. Wolson

CRITICAL

Applies to: Brief

Briefs exceeding 10 pages must contain a table of contents.

Any briefs longer than ten pages must include a table of contents.

Judge Joshua D. Wolson

CRITICAL

Applies to: Stipulation of dismissal

Parties seeking to have Judge Wolson retain jurisdiction to enforce a settlement must either place the settlement agreement on the docket or include all material terms of the agreement in the stipulation of dismissal.

If the parties want Judge Wolson to retain jurisdiction to enforce a settlement, they must place the agreement on the docket or include all material terms in a stipulation of dismissal.

Judge Joshua D. Wolson

CRITICAL

Applies to: Motion
Must include: proposed order

Continuance motions must state reasons for request and include a proposed order complying with the Speedy Trial Act.

A party seeking a continuance must submit a motion stating the reasons for the request. Any such motion must be accompanied by a proposed order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161.

Judge Joshua D. Wolson

CRITICAL

Applies to: Written submission

Substantive arguments in footnotes are prohibited and will not be considered or preserved.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Proposed order

Proposed orders for continuances must include a finding explaining why ends of justice outweigh speedy trial interests.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Pretrial memorandum

Pre-trial memoranda must include essential elements, facts, witness list, witness testimony, and legal issues.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Guilty plea memorandum

Guilty plea memoranda must include elements of the offense (text cut off).

The memorandum shall include the elements of

Judge Joshua D. Wolson

CRITICAL

Applies to: Sentencing memorandum

For joint and several restitution liability, the Government must itemize each defendant's restitution responsibility in its sentencing memorandum.

If liability for restitution is joint and several, then the Government shall itemize the restitution amount for which each defendant is responsible.

Judge Joshua D. Wolson

CRITICAL

Applies to: Sentencing memorandum

Government sentencing memoranda must include detailed restitution information if the defendant is responsible for restitution.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Pretrial memorandum

Pretrial memoranda must include all matters required by Local Rule of Civil Procedure 16.1, plus the party’s position on trial time limits and proposed limit if applicable.

When a party submits a pretrial memorandum, it must include all matters set forth in Local Rule of Civil Procedure 16.1, as well as its 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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Brief
Must include: word count

Briefs using the word count limit instead of the page limit must include a certification that the brief contains no more than the applicable word count.

unless counsel includes a certification that the brief contains no more than 8,750 words.

Judge Joshua D. Wolson

CRITICAL

Applies to: Summary judgment motion

Summary judgment motions must be accompanied by a joint consolidated statement of facts and joint set of all cited exhibits.

A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.

Judge Joshua D. Wolson

CRITICAL

Applies to: Written submission

Substantive arguments are prohibited in footnotes of written submissions; such arguments will not be considered or preserved for appeal.

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

Judge Joshua D. Wolson

CRITICAL

Applies to: Response

Parties are prohibited from responding to a motion for reconsideration unless the Court orders a response.

Parties shall not respond to a motion for reconsideration absent a Court Order.

Judge Joshua D. Wolson

CRITICAL

Applies to: Motion

Requests for protective orders or confidentiality agreement approvals must be filed as motions; stipulated proposed orders are not accepted in lieu of a motion.

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.

Judge Joshua D. Wolson

CRITICAL

Applies to: Exhibit chart

Each exhibit number in the chart must be hyperlinked to the corresponding exhibit file in the appropriate folder.

Counsel shall ensure that each exhibit number in the exhibit chart is hyperlinked to the corresponding file in the appropriate subfolder.

Judge Juan R. Sánchez

CRITICAL

Applies to: On the record agreement

Counsel must agree on the record to the use of the laptop during deliberations and to the accuracy of the exhibits loaded on it as matching the admitted evidence.

The Court will have counsel agree on the record to the following: 1. The use of the laptop during deliberations, and 2. They have reviewed all the exhibits on the laptop and agree they are accurate copies of the exhibits admitted into evidence at trial.

Judge Juan R. Sánchez

CRITICAL

Applies to: Proposed order
Must include: proposed order

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Sentencing motion
Must include: filing deadline, response deadline, email not sufficient

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Motion for summary judgment

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Motion
Must include: record citation format

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

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

Judge Juan R. Sánchez

CRITICAL

Applies to: Motion
Must include: entire deposition transcript

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

Judge Juan R. Sánchez

CRITICAL

Applies to: Motion for summary judgment
Must include: record citation format

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Reply brief
Must include: permission required for non dispositive

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Opposition to summary judgment

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

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

Judge Juan R. Sánchez

CRITICAL

Applies to: Opposition to summary judgment

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Points for charge
Must include: joint submission

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Continuance motion

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Continuance motion
Must include: proposed order

Continuance requests must be filed as motions with proposed orders.

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Motion

Parties must advise Court about testimony plans when filing motions.

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Rule 404b notice
Must include: brief summary, purpose identification, logical chain explanation +1 more

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Guilty plea agreement
Must include: plea type specification, no withdrawal right notice, rule 11 c 1 subsection disclosure

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

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).

Judge Juan R. Sánchez

CRITICAL

Applies to: Psr objections
Must include: advance submission to probation officer

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Joint rule 16 conference information report

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Letter

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

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

Judge Juan R. Sánchez

CRITICAL

Applies to: Guilty plea memorandum

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Motion
Must include: proposed order

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Sentencing motion

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Psr objections

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Sentencing memorandum

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Pretrial motion

Pretrial motions must follow Scheduling Order deadlines.

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Opposition to summary judgment

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

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

Judge Juan R. Sánchez

CRITICAL

Applies to: Guilty plea documents
Must include: plea memorandum, filing on docket, guilty plea agreement +1 more

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Extension request

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Notice of intention

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Trial continuance motion
Must include: proposed order

Trial continuance requests must be made by motion.

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

Judge Juan R. Sánchez

CRITICAL

Applies to: Sentencing memorandum
Must include: filing deadline, response deadline, simultaneous filing

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Opposition to summary judgment
Must include: record citation format

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

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.

Judge Juan R. Sánchez

CRITICAL

Applies to: Reply brief

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

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

Judge Juan R. Sánchez

CRITICAL

Applies to: Legal citation
Must include: ai disclosure

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

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.

Judge Kai N. Scott

CRITICALCivil cases

Applies to: Discovery agreement

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

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.

Judge Kai N. Scott

CRITICALCivil cases

Applies to: Preservation agreement

Parties must negotiate agreement on steps to preserve electronic documents.

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.

Judge Kai N. Scott

CRITICAL

Applies to: Jury instructions
Must include: proposed verdict form, unified proposed instructions, competing versions if disagreement

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

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.

Judge Karen Spencer Marston

CRITICAL

Applies to: Joint status report

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

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.

Judge Karen Spencer Marston

CRITICAL

Applies to: Stipulation
Must include: email to chambers

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

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.

Judge Karen Spencer Marston

CRITICAL

Applies to: Protective order

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

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).

Judge Karen Spencer Marston

CRITICAL

Applies to: Amended pleading
Must include: redline

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

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.

Judge Karen Spencer Marston

CRITICAL

Applies to: Stipulation

Stipulations requiring Court approval must be submitted by email to Chambers and include basis for relief.

Any stipulations requiring Court approval or the Judge’s signature MUST be submitted by email to Chambers. Counsel MUST provide the basis for any relief sought by stipulation. A stipulation absent any basis for the requested relief will be rejected by the Court.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Motion
Must include: certificate of conference

Motions under Rule 12, 56, 1441, 1404 must include certification of meet and confer with opposing counsel.

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

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Extension request
Must include: proposed order

All extension requests must include a proposed order.

All requests for extension MUST include a proposed order.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Proposed jury instructions

Parties must submit proposed jury instructions and verdict forms to the Court and serve them on opposing counsel.

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.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Motion
Must include: proposed order

Discovery motions must include a form of order (proposed order).

counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Motion

Rule 56 moving parties must include a Statement of Undisputed Material Facts with citations, and provide a Word version to opposing counsel.

The initial filing of the moving party must include a concise 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. 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 movant shall provide a Word document of the Statement of Undisputed Material Facts to opposing counsel.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Stipulated confidentiality order

Confidentiality or sealing orders must contain specified language about the Court's right to modify.

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."

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Motion

All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather the singular motion should include all bases for relief.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Motion
Must include: local rule certificate

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

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

Judge Kelley Brisbon Hodge

CRITICALCivil cases

Applies to: E discovery liaison qualifications

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

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

Judge Kelley Brisbon Hodge

CRITICALCivil cases

Applies to: E discovery information exchange

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.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Rule 26(f) report

Rule 26(f) reports must use the template provided on Judge Hodge’s website.

The parties must file on ECF (unless leave of Court is requested) and email to Chambers a Rule 26(f) report using the template provided on Judge Hodge’s website at least seven (7) days before the Rule 16 conference.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Opposition

Rule 56 oppositions must include a Statement of Material Facts using the moving party's Word SUMF, with citations.

Opposition to a Motion for Summary Judgment shall include a separate filing of a Statement of Material Facts, responding to the numbered paragraphs in the movant’s Statement of Undisputed Material Facts using the Word version of the Statement of Undisputed Material Facts provided by the moving party. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment. Where applicable, references to such evidence must include specific citations to exhibit, page, and line number.

Judge Kelley Brisbon Hodge

CRITICAL

Applies to: Unopposed extension request

Unopposed extension requests require a stipulation signed by all parties sent via email.

For unopposed extension requests, counsel must submit a stipulation signed by counsel for all parties sent via email with a signature line for Judge Hodge.

Judge Kelley Brisbon Hodge

CRITICALCivil cases

Applies to: Statement of compliance

Retention coordinators must implement the specified procedures, and each party’s counsel must file a statement of compliance within seven days after identifying the relevant custodians.

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.

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Rule 26f report

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

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

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Rule 26f report

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.

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Rule 26f report

Parties must stipulate undisputed facts to avoid unnecessary discovery

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.

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Rule 26f report

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

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).

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Rule 26f report

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

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.

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Rule 26f report
Must include: judge name, case number

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

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:

Judge Mark A. Kearney

CRITICAL

Applies to: Sentencing memorandum
Must include: legal argument, statement of facts

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

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.

Judge Mark A. Kearney

CRITICAL

Applies to: Post trial motion
Must include: transcript deposit

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

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.

Judge Mark A. Kearney

CRITICAL

Applies to: Motion
Must include: proposed order, attached memorandum, comprehensive motion

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

Judge Mark A. Kearney

CRITICAL

Must include: notice of electronic filing

ECF filing required for all counsel.

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

Judge Mark A. Kearney

CRITICAL

Applies to: Continuance motion

Continuance motions require defendant's signed consent form.

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.

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Rule 26f report

Parties must state agreement to Magistrate Judge trial referral.

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

Judge Mark A. Kearney

CRITICALCivil cases

Applies to: Statement of compliance

Retention coordinators must implement the specified procedures, and each party’s counsel must file a statement of compliance within seven days after identifying the relevant custodians.

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.

Judge Mark A. Kearney

CRITICAL

Applies to: Motion
Must include: appendix

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

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

Judge Mark A. Kearney

CRITICAL

Applies to: Guilty plea memorandum
Must include: judge name, legal argument, statement of facts

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

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.

Judge Mark A. Kearney

CRITICAL

Applies to: Witness testimony
Must include: no conferring with sworn witnesses

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

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.

Judge Mark A. Kearney

CRITICAL

Applies to: Jury instructions objections
Must include: one written motion

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

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

Judge Mark A. Kearney

CRITICAL

Applies to: Motion
Must include: proposed order, attached memorandum

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

Judge Mary Kay Costello

CRITICAL

Applies to: Proposed findings conclusions
Must include: proposed findings conclusions

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

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.

Judge Mary Kay Costello

CRITICAL

Applies to: Summary judgment motion

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

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.

Judge Mary Kay Costello

CRITICAL

Applies to: Disclosure statement
Must include: third party funding

Disclosure statements required to identify third-party litigation funding.

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Motion
Must include: exhibit list, index of exhibits, joint statement of facts

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

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Voir dire
Must include: joint voir dire questions, joint neutral statement of facts

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Ecf filing
Must include: text searchable

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

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Motion
Must include: certificate of conference

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

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Pro hac vice motion

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

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:

Judge Mia Roberts Perez

CRITICAL

Applies to: Sentencing memorandum
Must include: judge name

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

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Voir dire
Must include: joint voir dire questions, joint neutral statement of facts

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Ecf filing
Must include: text searchable

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

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Motion
Must include: certificate of conference

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

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.

Judge Mia Roberts Perez

CRITICAL

Applies to: Pro hac vice motion

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

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:

Judge Mia Roberts Perez

CRITICAL

Applies to: Sentencing memorandum
Must include: judge name

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

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.

Judge Mia Roberts Perez

CRITICALCivil cases

Applies to: Complaint

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

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.

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Reply brief

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

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

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Motion
Must include: record citations

Statements of material facts must include specific record citations.

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

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Opposition

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

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

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Motion

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

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.

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Continuance or extension request
Must include: proposed order

Proposed orders must be included with continuance/extension requests.

Counsel shall include proposed orders when requesting continuances or extensions.

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Motion

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

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.

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Discovery dispute letter
Must include: certificate section

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

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

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Motion
Must include: statement of material facts

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

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

Judge Paul S. Diamond

CRITICALCivil cases

Applies to: Pretrial submission
Must include: exhibit list, legal memoranda, jury instructions requests +1 more

Scheduling Order requires filing lists of exhibits, witnesses with summaries, legal memoranda, and jury instructions requests.

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.

Magistrate Judge Carol Sandra Moore Wells

CRITICALCivil cases

Applies to: Proposed findings conclusions

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

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

Magistrate Judge Carol Sandra Moore Wells

CRITICAL

Applies to: Settlement conference
Must include: full day attendance

Counsel must be prepared to attend entire settlement conference day with clients.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Pretrial stipulation
Must include: findings of fact, conclusions of law, citations to relevant authority

Findings of fact and conclusions of law due 14 days before trial with 2 exhibit copies

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Settlement conference
Must include: principal with settlement authority

Settlement conference requires principals with full settlement authority to be present for entire duration.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Deadline: 2 weeks
Applies to: Settlement summary

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Discovery motion
Must include: local rule 26f certification

Local Rule 26.1(f) requires certification that parties are unable to resolve discovery dispute after reasonable effort.

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."

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Memorandum

Memoranda over 15 pages require table of contents and table of authorities.

Memoranda over 15 pages in length must include a table of contents and table of authorities.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Discovery dispute request
Must include: prior efforts description, matters in dispute summary, relevant information attachments

Discovery dispute request must describe prior efforts, summarize matters in dispute, and attach relevant information.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Discovery motion
Must include: rule 37 certification

Rule 37 requires certification of good faith conferment before filing discovery motions.

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."

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Memorandum

Every factual assertion in memoranda must be supported by pinpoint citations to the record.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Pretrial documents
Must include: judge name

Three pretrial documents must be filed on ECF simultaneously and submitted to chambers in Word format.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Proposed joint jury instructions
Must include: caption, judge name

Joint jury instructions document with three sections must be filed, citing authority for each instruction.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Settlement offer
Must include: caption, case number

Defendant must submit written settlement offer 2 weeks before conference.

• Defendant(s) must make a precise and specific written settlement offer on or before [two weeks before the conference].

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Settlement demand
Must include: costs, caption, damages +2 more

Plaintiff must submit written settlement demand 3 weeks before conference.

• 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].

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Any filing
Must include: ai disclosure

AI disclosure and certification required for all filings, including identifying AI tool, portions generated, and verifying citations.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Summary judgment motion

Joint appendix required for summary judgment motions, consecutively numbered, with TOC, filed by movant when motion is docketed.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Proposed joint voir dire questions
Must include: caption, judge name

Joint voir dire questions document with three sections must be filed.

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).

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Settlement conference
Must include: insurer representative with authority

Insurer representatives with settlement authority must attend if insurer approval is required.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Pretrial stipulation

Exhibits must be provided in two tabbed loose leaf books (judge and law clerk copies).

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Proposed joint jury verdict form
Must include: caption, judge name

Joint jury verdict form document with agreed and alternative forms must be filed.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Settlement conference
Must include: critical evidence

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Joint pretrial stipulation
Must include: exhibit list, witness list, relief sought +5 more

Joint Pretrial Stipulation must include 8 specific elements

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).

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Jury instructions
Must include: chambers copy

Parties must email Word versions of proposed jury instructions and verdict form to chambers.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Deadline: 2 weeks
Applies to: Settlement offer

Defendant must submit settlement offer at least 2 weeks before conference.

Defendant(s) must make an updated, precise, and specific written settlement offer at least two weeks before the conference.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Must include: client with settlement authority

Principal with full settlement authority must attend entire settlement conference.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Deadline: 3 weeks
Applies to: Settlement demand
Must include: costs, damages, attorney fees

Plaintiff must submit settlement demand at least 3 weeks before conference.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Scheduling conference
Must include: rule 26f report

Rule 26(f) report must be emailed to chambers at least 5 days before scheduling conference if not already on docket.

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.

Magistrate Judge Caroline Goldner Cinquanto

CRITICAL

Applies to: Extension request
Must include: letter brief

Extension requests must be made via letter brief.

Judge Straw requires a letter brief requesting an extension.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Memorandum
Must include: pinpoint citations

All factual assertions in memoranda must be supported by pinpoint citations to the record.

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.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Settlement conference
Must include: attendance required

Settlement conferences are mandatory and not discretionary.

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.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Settlement conference summary
Must include: judge name

Settlement conference requires 5-page summary (1 week before) and updated demand/offer (4 days before).

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.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Jury instructions
Must include: objections, areas of agreement, joint proposed instructions

Submit joint proposed jury instructions with areas of agreement and objections.

Judge Straw requires counsel to submit joint proposed jury instructions, noting areas of agreement as well as objections.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Proposed findings conclusions
Must include: proposed findings of fact, proposed conclusions of law

Submit proposed findings of fact and conclusions of law at final pretrial conference or scheduling order deadline.

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.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Counsel availability
Must include: phone number to courtroom deputy

Counsel must provide phone number to courtroom deputy.

Counsel must provide the courtroom deputy with their phone number.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Sentencing memorandum

Sentencing memoranda due one week before scheduled sentencing.

Sentencing memoranda are due to Judge Straw one (1) week before the scheduled sentencing.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Interrogatories
Must include: copy to jury during deliberations

Provide copy of interrogatories to jury during deliberations.

A copy of the interrogatories shall be given to the jury during their deliberations.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Joint letter updated positions
Must include: judge name

Good faith settlement discussions required before summary; updated positions in joint letter before conference.

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.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Verdict form
Must include: jointly prepared

Submit jointly prepared verdict form or special interrogatories by scheduling order deadline.

Counsel will submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Memorandum

Memoranda over 15 pages require table of contents and table of authorities.

Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Interrogatories
Must include: copy to jury during deliberations

Provide copy of interrogatories to jury during deliberations.

A copy of the interrogatories shall be given to the jury during their deliberations.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Joint letter updated positions
Must include: judge name

Good faith settlement discussions required before summary; updated positions in joint letter before conference.

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.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Verdict form
Must include: jointly prepared

Submit jointly prepared verdict form or special interrogatories by scheduling order deadline.

Counsel will submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Memorandum

Memoranda over 15 pages require table of contents and table of authorities.

Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.

Magistrate Judge Craig M. Straw

CRITICAL

Applies to: Letter brief

Extension requests must be made by letter brief.

Should such circumstances arise, Judge Toplin requires a letter brief requesting an extension.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Memorandum

Memoranda over 15 pages must include a table of contents and a table of authorities.

Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Memorandum

Every factual assertion in a memorandum must be supported by a record citation, and all legal and record citations must include pinpoint cites.

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.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Settlement conference summary

Settlement summaries must not attach documents already on the docket; counsel should reference them in the summary instead so the Court may take notice.

Do not include any documents that are already filed on the docket as exhibits. If you would like Judge Toplin to take notice of these documents, reference them in your summary.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Joint letter

Parties must engage in good faith settlement discussions before submitting the conference summary, then update their settlement positions and submit a joint letter prior to the conference.

Judge Toplin 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

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Joint rule 26f report

In consent cases, if no joint Rule 26(f) report has been filed, one must be filed on the docket before the Rule 16 conference.

If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Trial exhibits

Before trial, counsel must meet and confer to prepare one set of pre-marked trial exhibits, and duplicate exhibits at trial are discouraged.

Prior to commencement of trial, counsel must meet and confer to prepare one set of pre-marked trial exhibits for use at trial. The use of duplicate exhibits at trial is discouraged.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Points for charge

The points for charge should be submitted with appropriate citations of legal authority and shall be provided to the Court in accordance with the deadline set forth in the scheduling order.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Verdict form

Counsel must submit a jointly prepared verdict form or proposed special interrogatories by the scheduling order deadline, but may submit separate proposed forms if they cannot agree.

Counsel must submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order. If counsel is unable to agree, they may submit separate proposed forms of unanimous verdict.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Proposed findings of fact and conclusions of law

In non-jury cases, counsel must submit proposed findings of fact and conclusions of law at the final pretrial conference or the scheduling order date, with supplements permitted at or after the close of trial.

Judge Toplin requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference, or at a date set forth in a scheduling order. A supplement will be permitted at the close of trial or, in an appropriate case, after trial.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Proposed jury instructions

Judge Toplin requires jointly proposed jury instructions with notations of areas of agreement as well as objections.

Judge Toplin requires the submission of jointly proposed jury instructions, with notations as to areas of agreement, as well as objections.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Pretrial memorandum

Unless otherwise ordered, pretrial memoranda must use the short form prescribed by Local Rule 16.1(c) of the E.D. Pa. Local Rules.

Unless specifically provided for by a separate order, Judge Toplin will require the use of the short form pretrial memorandum described in Rule 16.1(c) of the Local Rules of Civil Procedure for the Eastern District of Pennsylvania.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Pro hac vice application

Counsel must complete and submit a Pro Hac Vice Attorney Admission Application before the non-admitted attorney's first appearance.

Counsel must complete and submit an Attorney Admission Application (Pro Hac Vice) before the date of the non-admitted attorney's first appearance.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Proposed jury instructions

Judge Toplin requires jointly proposed jury instructions with notations of areas of agreement as well as objections.

Judge Toplin requires the submission of jointly proposed jury instructions, with notations as to areas of agreement, as well as objections.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Pretrial memorandum

Unless otherwise ordered, pretrial memoranda must use the short form prescribed by Local Rule 16.1(c) of the E.D. Pa. Local Rules.

Unless specifically provided for by a separate order, Judge Toplin will require the use of the short form pretrial memorandum described in Rule 16.1(c) of the Local Rules of Civil Procedure for the Eastern District of Pennsylvania.

Magistrate Judge Elizabeth L Toplin

CRITICAL

Applies to: Pro hac vice application

Counsel must complete and submit a Pro Hac Vice Attorney Admission Application before the non-admitted attorney's first appearance.

Counsel must complete and submit an Attorney Admission Application (Pro Hac Vice) before the date of the non-admitted attorney's first appearance.

Magistrate Judge Elizabeth L Toplin

CRITICALCivil cases

Applies to: Pretrial stipulation

A pretrial stipulation signed by all counsel must be filed by the specified date.

A Pretrial Stipulation, signed by all counsel, shall be filed by (date).

Magistrate Judge Elizabeth T. Hey

CRITICALCivil cases

Applies to: Settlement conference
Must include: parties with authority

Parties and representatives with authority must participate in settlement conferences.

Judge Hey requires that parties and representatives with authority participate in settlement conferences.

Magistrate Judge Elizabeth T. Hey

CRITICALCivil cases

Applies to: Settlement conference
Must include: discovery completed

Required discovery must be completed before the settlement conference.

If the parties have agreed that certain discovery should take place prior to the conference, they must complete that discovery before the conference.

Magistrate Judge Elizabeth T. Hey

CRITICALCivil cases

Applies to: Settlement status report
Must include: settlement status

Parties must provide a settlement status report by the end of all discovery if no prior contact with Judge Hey.

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.

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Proposed findings conclusions

Proposed findings of fact and conclusions of law must be submitted in hard copy and emailed to the law clerk.

Proposed findings of fact and conclusions of law to be submitted in hard copy and emailed to the law clerk assigned to the case.

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Pretrial stipulation

A Pretrial Stipulation must be submitted instead of pretrial memoranda or a Final Pretrial Order.

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:

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Proposed findings conclusions

Proposed findings of fact and conclusions of law must be submitted in hard copy and emailed to the law clerk.

Proposed findings of fact and conclusions of law to be submitted in hard copy and emailed to the law clerk assigned to the case.

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Pretrial stipulation

A Pretrial Stipulation must be submitted instead of pretrial memoranda or a Final Pretrial Order.

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:

Magistrate Judge Elizabeth T. Hey

CRITICALCivil cases

Applies to: Pretrial stipulation

A pretrial stipulation signed by all counsel must be filed by the specified date.

A Pretrial Stipulation, signed by all counsel, shall be filed by (date).

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Pretrial stipulation

Plaintiff's counsel must circulate draft Pretrial Stipulation at least one week before due date

IT SHALL BE THE RESPONSIBILITY OF PLAINTIFF'S COUNSEL TO CIRCULATE A DRAFT OF THIS PRETRIAL STIPULATION AT LEAST ONE WEEK BEFORE IT IS DUE.

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Pretrial stipulation
Must include: judge name

Pretrial Stipulation required instead of pretrial memoranda or Final Pretrial Order

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:

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Settlement conference

Required discovery must be completed before settlement conference.

If the parties have agreed that certain discovery should take place prior to the conference, they must complete that discovery before the conference.

Magistrate Judge Elizabeth T. Hey

CRITICAL

Applies to: Case synopsis

The synopsis should attach key summary expert reports, policy language excerpts, photographs, sketches, diagrams, charts, etc., to the conference memos.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Discovery motion
Must include: local rule certificate, certificate of conference

Discovery motions must include certifications under FRCP 37 and Local Rule 26.1(f) confirming good faith confer efforts.

Parties are reminded that 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.” Fed. R. Civ. P. 37(a)(1). 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.” E.D. Pa. Local R. Civ. P. 26.1(f).

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Synopsis

In addition, the synopsis should address whether there are any outstanding lien holders or other third parties who should be invited to participate in the settlement conference.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Protective order

Protective orders must include language reserving the Court's power to modify the order for justice interests.

Judge Arteaga will not approve any protective order unless it contains 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.”

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Motion
Must include: proposed order

Parties must file a formal motion to memorialize a confidentiality agreement, not just a stipulated proposed order.

If parties who form a mutually acceptable confidentiality agreement want a Court order to memorialize their agreement, they must make a formal motion. Judge Arteaga will not accept stipulated proposed orders in lieu of a motion.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Proposed order

Proposed orders for protective orders must state good cause reasons and that private nondisclosure interests outweigh public disclosure interests.

A proposed order attached to the motion must itself also state the reasons good cause exists and state that the private interests in nondisclosure outweigh the public interests in disclosure.

Magistrate Judge José R. Arteaga

CRITICAL

Memoranda exceeding 15 pages must contain a table of contents and table of authorities.

Memoranda over 15 pages in length must include a table of contents and table of authorities.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Joint appendix

Joint appendices must have consecutively numbered appendix pages, TOC, and memoranda must reference appendix page numbers.

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.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Motion for summary judgment
Must include: statement of facts

For summary judgment motions, the moving party must file a separate Statement of Facts with numbered paragraphs citing the joint appendix.

At the same time as its motion for summary judgment, the moving party must also file a separate Statement of Facts (the “Statement”) containing a numbered, paragraph-by-paragraph recitation of the facts that the moving party contends are undisputed, with specific page references to the joint appendix in support of each paragraph. Each paragraph shall deal with one fact.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Supplemental joint appendix

Supplemental joint appendices require court permission, must include original appendix, continue page numbering, and have updated TOC.

If unusual circumstances make it necessary for a party to supplement the joint appendix, the party must move for permission to file a supplemental joint appendix. The supplemental joint appendix must contain the original appendix, add the supplemental materials at the end, continue the appendix page numbering, and provide an updated table of contents.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Joint pretrial stipulation

Parties should ordinarily file a joint pretrial stipulation instead of complying with Local Rule 16.1.

The parties should ordinarily expect to file a joint pretrial stipulation, in the form attached, in lieu of complying with Eastern District of Pennsylvania Local Rule 16.1, which otherwise governs pretrial procedure.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Proposed joint voir dire questions

Three joint documents (voir dire questions, jury instructions, verdict form) must be filed on ECF with Pretrial Memoranda and submitted to chambers in Word format.

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.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Motion for leave to file under seal
Must include: specific language

Motions for leave to file under seal must articulate why secrecy interests outweigh public access and identify specific serious injuries from disclosure.

Any motion for leave to file under seal, including any motion for a proposed confidentiality/protective order that would permit a party to file any material under seal, must articulate, clearly and specifically, why the moving party’s “interest in secrecy” outweighs the “presumptive right of public access.” Avandia, 924 F.3d at 672. The motion— and the proposed order attached to the motion—must identify “clearly defined and serious injur[ies]” the movant will suffer if the materials are not kept under seal. Id. Judge Arteaga will not grant a motion for leave to file under seal that fails to identify the movant’s interests in nondisclosure with specificity.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Exhibits

Any exhibits should be docketed in compliance with Local Rule of Civil Procedure 5.1.2(5)(b).

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Motion

Motions for protective orders must explain the good cause for the requested order.

As Federal Rule of Civil Procedure 26(c) requires, a motion seeking a protective order must explain why there is good cause for the Court to issue the order.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Joint pretrial stipulation
Must include: signature blocks

Joint Pretrial Stipulation must be signed by trial counsel, include 8 specified sections, and objections to testimony/exhibits must state grounds and authority.

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). Any objections to anticipated testimony or exhibits shall describe with particularity the ground and the authority for the objection.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Response to motion for summary judgment
Must include: counterstatement of facts

For summary judgment responses, the responding party must file a separate Counterstatement of Facts accepting or rejecting each paragraph with appendix citations.

At the same time a response to the motion for summary judgment is filed, the responding party must file a separate Counterstatement of Facts that responds to each paragraph of the Statement by accepting or rejecting the contention in the paragraph. If a contention is rejected, the responding party must supply facts supporting the rejection by specific page reference(s) from the joint appendix.

Magistrate Judge José R. Arteaga

CRITICAL

All factual assertions in memoranda must be supported by pinpoint record citations, and legal citations must also include pinpoint cites.

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.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Joint pretrial stipulation

Parties should ordinarily file a joint pretrial stipulation instead of complying with Local Rule 16.1.

The parties should ordinarily expect to file a joint pretrial stipulation, in the form attached, in lieu of complying with Eastern District of Pennsylvania Local Rule 16.1, which otherwise governs pretrial procedure.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Proposed joint voir dire questions

Three joint documents (voir dire questions, jury instructions, verdict form) must be filed on ECF with Pretrial Memoranda and submitted to chambers in Word format.

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.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Motion for leave to file under seal
Must include: specific language

Motions for leave to file under seal must articulate why secrecy interests outweigh public access and identify specific serious injuries from disclosure.

Any motion for leave to file under seal, including any motion for a proposed confidentiality/protective order that would permit a party to file any material under seal, must articulate, clearly and specifically, why the moving party’s “interest in secrecy” outweighs the “presumptive right of public access.” Avandia, 924 F.3d at 672. The motion— and the proposed order attached to the motion—must identify “clearly defined and serious injur[ies]” the movant will suffer if the materials are not kept under seal. Id. Judge Arteaga will not grant a motion for leave to file under seal that fails to identify the movant’s interests in nondisclosure with specificity.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Exhibits

Any exhibits should be docketed in compliance with Local Rule of Civil Procedure 5.1.2(5)(b).

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Motion

Motions for protective orders must explain the good cause for the requested order.

As Federal Rule of Civil Procedure 26(c) requires, a motion seeking a protective order must explain why there is good cause for the Court to issue the order.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Joint pretrial stipulation
Must include: signature blocks

Joint Pretrial Stipulation must be signed by trial counsel, include 8 specified sections, and objections to testimony/exhibits must state grounds and authority.

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). Any objections to anticipated testimony or exhibits shall describe with particularity the ground and the authority for the objection.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Response to motion for summary judgment
Must include: counterstatement of facts

For summary judgment responses, the responding party must file a separate Counterstatement of Facts accepting or rejecting each paragraph with appendix citations.

At the same time a response to the motion for summary judgment is filed, the responding party must file a separate Counterstatement of Facts that responds to each paragraph of the Statement by accepting or rejecting the contention in the paragraph. If a contention is rejected, the responding party must supply facts supporting the rejection by specific page reference(s) from the joint appendix.

Magistrate Judge José R. Arteaga

CRITICAL

All factual assertions in memoranda must be supported by pinpoint record citations, and legal citations must also include pinpoint cites.

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.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Verdict form
Must include: joint submission

Joint verdict form or special interrogatories must be submitted 2 business days before trial.

Counsel will submit a jointly prepared verdict form or proposed special interrogatories at least two business days prior to the start of trial. If counsel are unable to agree, they may submit separate proposed forms of interrogatories.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Motion

In limine motions must be filed and served before the final pretrial conference.

Judge Sitarski requires that in limine motions be filed and served in advance of the final pretrial conference so as to give her an opportunity to consider the merits of each motion.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Hearing documents

All relevant documents must be delivered to chambers in advance of all hearings.

Judge Sitarski requires that all relevant documents be delivered to chambers in advance of all hearings and other proceedings.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Motion

Summary judgment motions require a separate Statement of Undisputed Facts in numbered paragraphs

Any motion for summary judgment filed pursuant to Fed.R.Civ.P. 56 shall include a separate Statement of Undisputed 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.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Expert report

Expert witnesses must be identified and reports provided per Rule 16 scheduling order; failure may bar testimony

The parties will identify expert witnesses and provide expert reports pursuant to the Rule 16 scheduling order entered in the particular case. Failure to do so may bar the use of the expert's testimony at trial.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Motion

Statements of material facts in support of or in opposition to a motion shall include specific references to the parts of the record that support the statements. Each stated fact shall cite the source relied upon, including the page and line of any document or deposition to which reference is made.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference memorandum

Confidential settlement conference memorandum required one week before conference

Judge Sitarski will normally require counsel to submit a confidential settlement conference memorandum one week before the actual conference.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Exhibits
Must include: exhibit list

Two tabbed three-ring binder sets of exhibits required before trial.

Prior to commencement of trial, counsel shall pre-mark and exchange exhibits. Counsel shall provide Judge Sitarski with two sets of exhibits in a tabbed, three-ring binder, together with a schedule of exhibits that briefly describes each exhibit.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Proposed findings conclusions
Must include: proposed findings conclusions

Proposed findings of fact and conclusions of law required for all injunction cases.

Judge Sitarski requires the submission of proposed findings of fact and conclusions of law in advance of the hearing in all injunction cases.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference

Parties must have representative with settlement authority participate in settlement conference

Judge Sitarski will require that each party or a representative of each party with knowledge of the case and settlement authority participate in the conference.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: In limine motion
Must include: legal argument

In limine motions must be filed and served before final pretrial conference.

Judge Sitarski requires that in limine motions be filed and served in advance of the final pretrial conference so as to give her an opportunity to consider the merits of each motion.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Witness examination
Must include: witness examination limits

Judge Sitarski will generally restrict counsel from examining witnesses beyond redirect and recross.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Attorney participation
Must include: single attorney per party

Normally only one attorney per party for witness examination and argument.

Judge Sitarski will normally not permit more than one attorney for the party to examine the same witness, and will normally not permit more than one attorney to present argument on behalf of the party on the same point.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Videotaped deposition
Must include: edited videotape

Videotaped depositions must be reviewed and edited to present essential evidence.

Judge Sitarski requires counsel to review all videotaped depositions and to have them edited so as to fairly present only the essential evidence of the witness involved.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Proposed findings conclusions

Proposed findings of fact and conclusions of law required in nonjury cases at final pretrial conference.

Judge Sitarski requires counsel to submit proposed findings of fact and conclusions of law in nonjury cases at the final pretrial conference. They shall be submitted electronically, via e-mail to chambers, in Word format.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Jury instructions

Proposed jury instructions and verdict forms must be submitted electronically via email to chambers in Word format.

The proposed jury instructions and verdict forms shall be submitted electronically, via e-mail to chambers, in Word format.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference form
Must include: judge name, case number

Settlement conference form must be emailed to Chambers by deadline.

Please complete the attached settlement conference form and email it to Chambers at Chambers_sitarski@paed.uscourts.gov on or before XXXXX , 20XX.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference participation
Must include: full settlement authority

Parties with full settlement authority must attend settlement conference.

Parties/client representatives with full and complete settlement authority must be present for the duration of the conference. Full and complete authority means the party must possess authority consistent with the most recent demand.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference protocols
Must include: protocol review, protocol adherence

All participants must review and adhere to Court’s Remote Video Proceedings Protocols.

ALL PARTICIPANTS must review and adhere to the Court’s Protocols for Remote Video Proceedings in The United States District Court for the Eastern District of Pennsylvania. Counsel are specifically directed to ensure their clients review and adhere to this Protocol.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Settlement conference memoranda must be submitted to the Court only, not filed with the Clerk.

These summaries shall be submitted to the Court only and should not be filed with the Clerk's Office.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Settlement conference memorandum must be submitted one week before the conference.

Judge Sitarski will normally require counsel to submit a confidential settlement conference memorandum one week before the actual conference.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Sur reply

Surreply briefs not normally permitted; prior court permission required.

Judge Sitarski will not normally permit surreply briefs, and counsel who wish to file a surreply must first seek permission of the Court before such a brief will be accepted.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Parties must identify expert witnesses and provide reports per Rule 16 scheduling order; failure may bar testimony.

The parties will identify expert witnesses and provide expert reports pursuant to the Rule 16 scheduling order entered in the particular case. Failure to do so may bar the use of the expert's testimony at trial.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Motion

Rule 56 summary judgment motions must include a separate Statement of Undisputed Facts in numbered paragraphs.

Any motion for summary judgment filed pursuant to Fed.R.Civ.P. 56 shall include a separate Statement of Undisputed 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.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Jury instructions

Points for charge must include legal citations and be submitted at least two business days before trial.

The points for charge should be submitted with appropriate citations of legal authority and must be provided to the Court at least two business days prior to the commencement of trial.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Proposed findings conclusions

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

Judge Sitarski requires the submission of proposed findings of fact and conclusions of law in advance of the hearing in all injunction cases.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Videotaped depositions must be edited to present only essential evidence, with objections resolved before trial.

Judge Sitarski requires counsel to review all videotaped depositions and to have them edited so as to fairly present only the essential evidence of the witness involved. Counsel are expected to resolve all matters pertaining to objections before offering the videotape into evidence.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Jury instructions
Must include: joint submission, citations of legal authority

Joint proposed jury instructions with citations must be submitted 2 business days before trial.

Judge Sitarski requires counsel to submit joint proposed jury instructions noting areas of agreement as well as objections. The points for charge should be submitted with appropriate citations of legal authority and must be provided to the Court at least two business days prior to the commencement of trial.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Verdict form

Jointly prepared verdict form or special interrogatories must be submitted at least two business days before trial start.

Counsel will submit a jointly prepared verdict form or proposed special interrogatories at least two business days prior to the start of trial. If counsel are unable to agree, they may submit separate proposed forms of interrogatories.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Judge Sitarski expects that all discovery will be completed before the arbitration hearing, and will not permit additional discovery in cases where a party requests trial de novo.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Proposed findings conclusions

Proposed findings of fact and conclusions of law must be submitted at final pretrial conference in Word format via email for nonjury cases.

Judge Sitarski requires counsel to submit proposed findings of fact and conclusions of law in nonjury cases at the final pretrial conference. They shall be submitted electronically, via e-mail to chambers, in Word format.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference participation
Must include: lead trial counsel, counsel familiarity

Lead trial counsel must attend settlement conference and be fully familiar with case.

Lead Trial Counsel for each party must be present at the Conference. Counsel are expected to be fully familiar with the facts of the case, the legal theories supporting their client’s claims or defenses, and the procedural posture of the case.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Motion

Statements of material facts must cite specific record references including page and line numbers.

Statements of material facts in support of or in opposition to a motion shall include specific references to the parts of the record that support the statements. Each stated fact shall cite the source relied upon, including the page and line of any document or deposition to which reference is made.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Opposition

Opposition to summary judgment must respond to each numbered paragraph in the Statement of Undisputed Facts

A party opposing summary judgment must respond to the numbered paragraphs set forth in the Statement of Undisputed Facts and state whether it agrees or disagrees with each fact the moving party lists.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Videotaped depositions must be edited to present only essential evidence, with objections resolved before trial.

Judge Sitarski requires counsel to review all videotaped depositions and to have them edited so as to fairly present only the essential evidence of the witness involved. Counsel are expected to resolve all matters pertaining to objections before offering the videotape into evidence.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Jury instructions
Must include: joint submission, citations of legal authority

Joint proposed jury instructions with citations must be submitted 2 business days before trial.

Judge Sitarski requires counsel to submit joint proposed jury instructions noting areas of agreement as well as objections. The points for charge should be submitted with appropriate citations of legal authority and must be provided to the Court at least two business days prior to the commencement of trial.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Verdict form

Jointly prepared verdict form or special interrogatories must be submitted at least two business days before trial start.

Counsel will submit a jointly prepared verdict form or proposed special interrogatories at least two business days prior to the start of trial. If counsel are unable to agree, they may submit separate proposed forms of interrogatories.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Judge Sitarski expects that all discovery will be completed before the arbitration hearing, and will not permit additional discovery in cases where a party requests trial de novo.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Proposed findings conclusions

Proposed findings of fact and conclusions of law must be submitted at final pretrial conference in Word format via email for nonjury cases.

Judge Sitarski requires counsel to submit proposed findings of fact and conclusions of law in nonjury cases at the final pretrial conference. They shall be submitted electronically, via e-mail to chambers, in Word format.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference participation
Must include: lead trial counsel, counsel familiarity

Lead trial counsel must attend settlement conference and be fully familiar with case.

Lead Trial Counsel for each party must be present at the Conference. Counsel are expected to be fully familiar with the facts of the case, the legal theories supporting their client’s claims or defenses, and the procedural posture of the case.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Motion

Statements of material facts must cite specific record references including page and line numbers.

Statements of material facts in support of or in opposition to a motion shall include specific references to the parts of the record that support the statements. Each stated fact shall cite the source relied upon, including the page and line of any document or deposition to which reference is made.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Opposition

Opposition to summary judgment must respond to each numbered paragraph in the Statement of Undisputed Facts

A party opposing summary judgment must respond to the numbered paragraphs set forth in the Statement of Undisputed Facts and state whether it agrees or disagrees with each fact the moving party lists.

Magistrate Judge Lynne A. Sitarski

CRITICAL

Applies to: Settlement conference memorandum
Must include: offer demand proposal

Settlement conference memoranda must be submitted one week before conference, max 4 pages, in Word format.

Judge Carlos will normally require counsel to submit a conference memorandum one week before the scheduled conference. It shall include an offer/demand settlement proposal. This memorandum should not exceed four (4) pages and should be submitted in Word format.

Magistrate Judge Pamela A. Carlos

CRITICAL

Must include: full settlement authority, no telephone authority seeking

Attendees must have full settlement authority and cannot seek additional authority by phone.

Persons present must have full and unlimited settlement authority and may not confer by telephone with anyone to seek additional authority.

Magistrate Judge Pamela A. Carlos

CRITICAL

Must include: party representative with settlement authority

Parties must attend settlement conference in person with full settlement authority.

Judge Carlos will require that a party or party’s representative with knowledge of the case and full and binding settlement authority attend the conference in person.

Magistrate Judge Pamela A. Carlos

CRITICAL

Applies to: Criminal proceeding
Must include: documents to chambers

All relevant documents must be delivered to chambers before court.

Judge Carlos requires that all relevant documents be delivered to chambers in advance of court.

Magistrate Judge Pamela A. Carlos

CRITICAL

Must include: party representative with settlement authority

Parties must attend settlement conference in person with full settlement authority.

Judge Carlos will require that a party or party’s representative with knowledge of the case and full and binding settlement authority attend the conference in person.

Magistrate Judge Pamela A. Carlos

CRITICAL

Applies to: Criminal proceeding
Must include: documents to chambers

All relevant documents must be delivered to chambers before court.

Judge Carlos requires that all relevant documents be delivered to chambers in advance of court.

Magistrate Judge Pamela A. Carlos

CRITICALCivil cases

Applies to: Disputed jury instructions
Must include: judge name, legal authority citations

Where the parties cannot agree on the instruction or verdict form content, please indicate as much, and include appropriate citations of legal authority in support of the proffered instruction.

Magistrate Judge Pamela A. Carlos

CRITICALCivil cases

Applies to: Pretrial memorandum
Must include: judge name

Pretrial memorandum due by specified deadline

Each party shall file a pretrial memorandum no later than . The pretrial

Magistrate Judge Pamela A. Carlos

CRITICALCivil cases

Applies to: Jury instructions and verdict forms
Must include: judge name

Editable Word versions of jury instructions and verdict forms must be emailed to Chambers

The parties shall also email an editable, Word version of the instructions and verdict forms to Chambers at PAED_Carlos_Chambers@paed.uscourts.gov.

Magistrate Judge Pamela A. Carlos

CRITICALCivil cases

Applies to: Joint proposed jury instructions
Must include: judge name

Parties must meet and confer on jury instructions and verdict forms

In this regard, counsel shall meet and confer and jointly file proposed instructions and verdict forms that explicitly note areas of agreement, as well as any objections.

Magistrate Judge Pamela A. Carlos

CRITICAL

Limit: 5 pages
Applies to: Settlement conference summary
Must include: offer demand

Settlement conference summary (max 5 pages) required one week before conference.

Judge Reid requires counsel to submit to Chambers a brief confidential written settlement conference summary, including an offer/demand, one week before the scheduled conference. This summary should not exceed five (5) pages, excluding attachments.

Magistrate Judge Scott W. Reid

CRITICALCriminal cases

Applies to: Proposed jury instructions

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

Each party must email a copy of its proposed jury instructions in Microsoft Word format to the law clerk assigned to the case.

Senior Judge Anita B. Brody

CRITICALCriminal cases

Applies to: Trial exhibits
Must include: exhibit list

Two marked copies of trial exhibits and three copies of exhibit list required for chambers.

Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Exhibit
Must include: exhibit list

Disputed exhibits must be submitted before final pretrial conference.

The parties must submit prior to the final pretrial conference any exhibits that are in dispute.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Sentencing memorandum
Must include: judge name

Sentencing memoranda required from both government and defendant well in advance of sentencing.

Judge Brody expects the submission of sentencing memoranda by both the government and the defendant well in advance of the sentencing.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Verdict sheets

Proposed verdict sheets and special interrogatories required.

Counsel are required to submit proposed verdict sheets and any special interrogatories.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Exhibit
Must include: exhibit list

Exhibits must be marked and exchanged before trial.

Judge Brody requires that exhibits be marked and exchanged prior to trial.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Discovery plan
Must include: joint proposed discovery plan

Joint proposed discovery plan must be submitted via ECF 3 days before initial pretrial conference.

As stated in the Notice, counsel must submit a joint proposed discovery plan via ECF to the court no later than 3 days prior to the conference.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Pretrial conference
Must include: settlement authority, client telephone availability

Counsel must have settlement authority and client available by phone during conference.

Counsel must arrive at the conference with settlement authority and arrange for the client to be available by telephone for the duration of the conference.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Summary judgment motion

Summary judgment motions must include statement of undisputed/disputed facts with record citations.

All summary judgment motions and responses must contain a statement of undisputed and disputed facts with citations to the record, including to the specific exhibit, page, and line number.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Pretrial memoranda
Must include: judge name

Pretrial memoranda required with instructions in trial scheduling order.

Judge Brody requires that parties submit pretrial memoranda. The trial scheduling order provides instructions on the information the parties must include in their memoranda.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Jury instructions

Proposed jury instructions must be filed on ECF and emailed to law clerk in Word format.

The parties must file their proposed jury instructions on ECF and email a copy of them as an attachment in Microsoft Word format to the law clerk assigned to the case.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Trial memoranda
Must include: legal argument, citation to legal authority

Separate trial memoranda required in non-jury cases addressing legal issues with citations.

In non-jury cases, Judge Brody requires that parties submit separate trial memoranda that address important legal issues and include citation to legal authority.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Videotaped testimony
Must include: transcript

Objections to videotaped testimony should be submitted before the final pretrial conference. A transcript of the testimony should also be provided.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Proposed findings conclusions
Must include: citations, judge name

After trial in non-jury cases, proposed findings of fact and conclusions of law with citations to notes of testimony are required.

In non-jury cases, after trial, Judge Brody requires submission of proposed findings of fact and conclusions of law that include citations to the notes of testimony.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Appearance
Must include: ecf appearance, pro hac vice motion

Trial counsel must attend; all participating counsel must enter ECF appearance and file pro hac vice motions with fees before conference.

The Judge expects trial counsel to attend the conference. All counsel wishing to participate in the conference must enter an appearance on ECF prior to the conference. Additionally, all counsel wishing to participate and seeking to be admitted pro hac vice must file a pro hac vice motion and pay the associated fee prior to the conference.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Motion in limine
Must include: memoranda

Judge Brody expects all issues that can be anticipated prior to trial to be raised in motions in limine. Motions in limine should be accompanied by memoranda and will usually be addressed at the final pretrial conference.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Proposed jury instructions

Proposed jury instructions must be emailed to law clerk in Word format.

Each party must email a copy of its proposed jury instructions in Microsoft Word format to the law clerk assigned to the case.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Trial exhibits

Two marked copies of trial exhibits and three copies of exhibit list required before trial.

Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Summary judgment

Summary judgment motions and responses must include a statement of facts with citations to the record.

All summary judgment motions and responses must contain a statement of undisputed and disputed facts with citations to the record, including to the specific exhibit, page, and line number.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Summary judgment motion

Summary judgment motions and responses must include a statement of undisputed and disputed facts with record citations.

All summary judgment motions and responses must contain a statement of undisputed and disputed facts with citations to the record, including to the specific exhibit, page, and line number.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Appearance
Must include: ecf appearance, pro hac vice motion

Trial counsel must attend; all participating counsel must enter ECF appearance and file pro hac vice motions with fees before conference.

The Judge expects trial counsel to attend the conference. All counsel wishing to participate in the conference must enter an appearance on ECF prior to the conference. Additionally, all counsel wishing to participate and seeking to be admitted pro hac vice must file a pro hac vice motion and pay the associated fee prior to the conference.

Senior Judge Anita B. Brody

CRITICALCriminal cases

Applies to: Trial exhibits
Must include: exhibit list

Two marked copies of trial exhibits and three copies of exhibit list required for chambers.

Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Trial exhibits

Two marked copies of trial exhibits and three copies of exhibit list required before trial.

Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.

Senior Judge Anita B. Brody

CRITICALCivil cases

Applies to: Motion in limine
Must include: memoranda

Judge Brody expects all issues that can be anticipated prior to trial to be raised in motions in limine. Motions in limine should be accompanied by memoranda and will usually be addressed at the final pretrial conference.

Senior Judge Anita B. Brody

CRITICAL

Applies to: Motion
Must include: proposed order

ECF required for all counseled parties; proposed orders must be attached to motions; no filings to Chambers.

Judge Rufe requires all counseled parties to use Electronic Case Filing (“ECF”). ECF provides greater efficiency and timeliness in the filing of pleadings, automatic e-mail notice of case activity, as well as electronic storage of documents for remote access by the Court, the Bar, and the litigants. Attorneys are urged to register as ECF Users in accordance with Rule 5.1.2 of the Local Rules of Civil Procedure, referencing the Procedural Order on Electronic Case Filing. Proposed orders should be attached to corresponding motions or memoranda of law. Transmittal of pleadings, motions, or other filings to Chambers instead of by ECF is not permitted.

Senior Judge Cynthia M. Rufe

CRITICAL

Applies to: Settlement notification

Settlement requires prompt notification and dismissal request.

Upon reaching a settlement, counsel must notify Judge Rufe’s Chambers promptly and request dismissal of the action pursuant to Local Rule of Civil Procedure 41.1 or some other procedure that will effectively terminate the litigation.

Senior Judge Cynthia M. Rufe

CRITICAL

Applies to: Sur reply

Sur-reply must include specific exhibit, page, and line number citations.

The Sur-reply must specify the relevant exhibit, page, and line numbers when referring to the record.

Senior Judge Cynthia M. Rufe

CRITICAL

Applies to: Reply

Reply must include specific exhibit, page, and line number citations.

The Reply must specify the relevant exhibit, page, and line numbers when referring to the record.

Senior Judge Cynthia M. Rufe

CRITICAL

Applies to: Opposition

Response must include specific exhibit, page, and line number citations.

Where applicable, references to such evidence must include specific citations to exhibit, page, and line number.

Senior Judge Cynthia M. Rufe

CRITICAL

Applies to: Motion
Must include: statement of stipulated material facts

Initial summary judgment motion must include numbered Statement of Stipulated Material Facts.

The initial filing of the moving party must include a concise Statement of Stipulated Material Facts, which sets forth, in numbered paragraphs, the material facts that the parties agree are not in dispute.

Senior Judge Cynthia M. Rufe

CRITICAL

Applies to: Confidentiality order

Confidentiality orders must include specific language about court's right to modify.

Judge Bartle will approve a confidentiality order if the order includes a detailed statement demonstrating that good cause exists for the protective order. See Pansy v. Borough of Stroudsberg, 23 F.3d 772, 786 (3d Cir. 1994). 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.

Senior Judge Harvey Bartle III

CRITICAL

Applies to: Expert witness
Must include: written report

Parties should identify expert witnesses and provide the experts' written reports pursuant to the scheduling order entered in the particular case. Failure to do so will bar the use of the expert's testimony at trial.

Senior Judge Harvey Bartle III

CRITICAL

Applies to: Proposed findings conclusions
Must include: proposed findings of fact, proposed conclusions of law

Proposed findings of fact and conclusions of law required in non-jury cases.

Judge Bartle requires the submission of proposed findings of fact and conclusions of law in non-jury cases.

Senior Judge Harvey Bartle III

CRITICAL

Applies to: Trial procedure
Must include: witness examination limit

Only one attorney per party may examine each witness.

Judge Bartle will not permit more than one attorney for a party to examine the same witness.

Senior Judge Harvey Bartle III

CRITICAL

Applies to: Videotaped deposition
Must include: editing required, counsel review required, objection resolution required

Counsel must review and edit videotaped depositions before offering as evidence.

Judge Bartle requires counsel to view all videotaped depositions for the purpose of editing the videotape and resolving material objections before offering the videotape as evidence.

Senior Judge Harvey Bartle III

CRITICAL

Applies to: Guilty plea memorandum
Must include: judge name, legal argument

Government must submit guilty plea memorandum 2 days before plea with offense elements and citations.

Judge Bartle requires the government to submit a guilty plea memorandum two days prior to the guilty plea. Such a memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such elements.

Senior Judge Harvey Bartle III

CRITICAL

Applies to: Discovery motion
Must include: local rule certificate

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

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

Senior Judge Harvey Bartle III

CRITICAL

Applies to: Jury instructions

Proposed jury instructions and interrogatories due 7 working days before trial.

Judge Bartle requires that at least seven (7) 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 any proposed jury interrogatories. Each point for charge and proposed jury interrogatory shall be numbered and on a separate sheet of paper identifying the name of the requesting party.

Senior Judge Harvey Bartle III

CRITICALCriminal cases

Applies to: Trial memorandum
Must include: legal issues, intended facts, witness identities +2 more

Government must file trial memorandum 1 week before trial with specific content.

At least one week prior to the trial date, the government must file a trial memorandum 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.

Senior Judge Joel H. Slomsky

CRITICALCriminal cases

Applies to: Pretrial hearing
Must include: proposed findings of fact, proposed conclusions of law

Suppression/Starks/Daubert hearings held 2 weeks before trial; government must file proposed findings.

Suppression, Starks and Daubert hearings are typically held at least two weeks prior to trial. The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing. The parties may request leave to supplement proposed findings of fact after the hearing.

Senior Judge Joel H. Slomsky

CRITICAL

Applies to: Exhibit
Must include: publication timing

Exhibits may be published to the jury at the end of the party’s examination of the witness or prior to a break. If the exhibit is necessary to explain the testimony, Judge Slomsky may permit it to be published during the testimony. Ordinarily, permission should be sought prior to the witness taking the stand.

Senior Judge Joel H. Slomsky

CRITICALCivil cases

Applies to: Pretrial memorandum

Pretrial memoranda must detail the substance of each witness's testimony, not just identify their role.

The filing of a Pretrial Memorandum as described in Local Rule 16(1)(c) will be required. In the pretrial memoranda, counsel must detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.

Senior Judge Joel H. Slomsky

CRITICALCivil cases

Applies to: Motion
Must include: statement of facts

Summary judgment motions must include a separate Statement of Undisputed Facts in numbered paragraphs.

Any motion for summary judgment filed pursuant to Fed. R.Civ.P. 56 shall include a separate Statement of Undisputed 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.

Senior Judge Joel H. Slomsky

CRITICAL

Applies to: Exhibits

After the jury has retired to deliberate, counsel shall review the exhibits to determine which exhibits will go out with the jury. If counsel cannot agree, they should request a ruling immediately after the jury retires to the deliberations room.

Senior Judge Joel H. Slomsky

CRITICALCivil cases

Applies to: E discovery information

Parties must exchange e-discovery information before Rule 26(f) conference.

Prior to the Rule 26(f) conference, the parties shall exchange the following information:

Senior Judge Joel H. Slomsky

CRITICALCivil cases

Applies to: Rule 16 conference

Lead trial counsel (not associate) must attend Rule 16 conference with authority to discuss settlement.

Lead trial counsel, not an associate, must attend the Rule 16 conference. Counsel shall have a thorough comprehension of the facts and shall be prepared to discuss all claims and defenses in detail, including settlement, and have authority from their clients to do so.

Senior Judge Joel H. Slomsky

CRITICALCivil cases

Applies to: Threshold motion

Motions to dismiss, amend, transfer, add parties and other threshold motions should be filed before the Rule 16 conference. Counsel shall be prepared to discuss the merits of any outstanding motions at the conference.

Senior Judge Joel H. Slomsky

CRITICALCriminal cases

Applies to: Proposed findings conclusions

Government must file proposed findings of fact and conclusions of law before pretrial hearings begin.

The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing.

Senior Judge Joel H. Slomsky

CRITICALCriminal cases

Applies to: Guilty plea memorandum

Government must submit guilty plea memorandum 2 days before plea hearing with elements, penalties, plea terms, and factual basis.

The government 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.

Senior Judge Joel H. Slomsky

CRITICALCriminal cases

Applies to: Continuance request
Must include: speedy trial act form, defendant written consent

Defendant's written consent required for continuances using Speedy Trial Act form.

In all criminal cases, before a continuance will be granted, Defense Counsel must obtain Defendant’s written consent to a continuance. Such consent shall be given by using the Court’s Speedy Trial Act Acknowledgment of Rights form. This form must be signed by Defendant and docketed before any continuance shall issue.

Senior Judge Joel H. Slomsky

CRITICAL

Applies to: Pretrial conference
Must include: scheduling information report

Scheduling Information Report required 3 business days before pretrial conference.

At least three business days before the pretrial conference, counsel must submit to chambers a completed Scheduling Information Report. This form will be attached to the conference notice.

Senior Judge John R. Padova

CRITICAL

Applies to: Pretrial conference
Must include: discovery plan

Discovery plan from Rule 26(f) conference required 3 business days before pretrial conference.

No later than three business days prior to the scheduled pretrial conference, counsel must also submit the discovery plan adopted at the Rule 26(f) conference in accordance with the Federal Rules of Civil Procedure.

Senior Judge John R. Padova

CRITICAL

Applies to: Motion
Must include: concise statement of stipulated facts

Rule 56 motions require Concise Statement of Stipulated Material Facts in numbered paragraphs.

The moving party’s initial filing must include a Concise Statement of Stipulated Material Facts, which sets forth (in numbered paragraphs) material facts and important background facts that the parties agree are not in dispute for purposes of Summary Judgment.

Senior Judge John R. Padova

CRITICAL

Applies to: Expert disclosure
Must include: expert report, curriculum vitae

Expert witness disclosure required per FRCP 26(a)(2)(B) by scheduling order dates.

Counsel are required to identify expert witnesses and provide curriculum vitae and, as to all experts, voluntarily exchange the information referred to in Federal Rule of Civil Procedure 26(a)(2)(B) by expert report, deposition, or answer to expert interrogatory in accordance with the dates outlined in the Court’s scheduling orders.

Senior Judge John R. Padova

CRITICAL

Applies to: Exhibit schedule
Must include: judge name

Three copies of exhibit schedule required at trial start; two copies of each exhibit at first use.

Judge Padova requires that exhibits be pre-marked and pre-exchanged. At the commencement of trial, the parties shall provide the Court with three copies of a schedule of exhibits that shall briefly describe each exhibit. At the trial, the parties shall provide the Court with two copies of each exhibit at the time of its first use at trial.

Senior Judge John R. Padova

CRITICAL

Applies to: Exhibit
Must include: judge name

Judge Padova prefers that counsel offer exhibits into evidence at the close of testimony by the first witness testifying about the exhibit unless the exhibit is objected to, in which event it should not be testified to unless it is received into evidence.

Senior Judge John R. Padova

CRITICAL

Applies to: Motion
Must include: judge name

Judge Padova prefers that Rule 50 motions be in writing. Oral argument, if necessary, will be requested by the Court.

Senior Judge John R. Padova

CRITICAL

Applies to: Jury instructions
Must include: judge name

Joint jury instructions required for agreed issues; individual submissions for disputed issues.

Judge Padova expects counsel to work together in submitting joint proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories to the jury. In addition, Judge Padova requires that counsel submit individual proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories to the jury on those issues that counsel cannot agree upon in their joint submissions.

Senior Judge John R. Padova

CRITICAL

Applies to: Sentencing memorandum
Must include: sentencing memorandum

SENTENCING MEMORANDA SHOULD BE SUBMITTED AT LEAST ONE WEEK BEFORE THE SCHEDULED SENTENCING DATE.

Senior Judge John R. Padova

CRITICAL

Applies to: Proposed voir dire questions
Must include: electronic version

Proposed voir dire questions require electronic version in Word format emailed to chambers.

Parties should file proposed voir dire questions by the deadline set forth in the Rule 16 Scheduling Order for the submission of proposed jury instructions. Judge Padova also requires that the parties submit an electronic version in Microsoft Word format emailed to: chambers_of_judge_john_r_padova@paed.uscourts.gov.

Senior Judge John R. Padova

CRITICAL

Applies to: Motion
Must include: proposed order, speedy trial act language

Motions requesting a trial continuance should be accompanied by a proposed order in Speedy Trial Act language, containing findings of fact and conclusions that would justify a continuance under the Speedy Trial Act.

Senior Judge John R. Padova

CRITICAL

Applies to: Sentencing memorandum
Must include: sentencing memorandum

SENTENCING MEMORANDA SHOULD BE SUBMITTED AT LEAST ONE WEEK BEFORE THE SCHEDULED SENTENCING DATE.

Senior Judge John R. Padova

CRITICAL

Applies to: Proposed voir dire questions
Must include: electronic version

Proposed voir dire questions require electronic version in Word format emailed to chambers.

Parties should file proposed voir dire questions by the deadline set forth in the Rule 16 Scheduling Order for the submission of proposed jury instructions. Judge Padova also requires that the parties submit an electronic version in Microsoft Word format emailed to: chambers_of_judge_john_r_padova@paed.uscourts.gov.

Senior Judge John R. Padova

CRITICAL

Applies to: Motion
Must include: proposed order, speedy trial act language

Motions requesting a trial continuance should be accompanied by a proposed order in Speedy Trial Act language, containing findings of fact and conclusions that would justify a continuance under the Speedy Trial Act.

Senior Judge John R. Padova

CRITICALCivil cases

Applies to: Statement of material facts
Must include: specific record references

Summary judgment statements must include specific record references with document titles, deponent names, page numbers, or affidavit paragraphs.

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 that support each statement, such as the title or numbered reference to a document, or 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.

Senior Judge Michael M. Baylson

CRITICALCivil cases

Applies to: Reply brief
Must include: response to additional facts

Moving party must respond to responding party's additional material facts in numbered paragraphs.

For Summary Judgment Motions, the moving party shall also respond to the responding party’s statement of additional material facts, following the numbered paragraphs.

Senior Judge Michael M. Baylson

CRITICALCivil cases

Applies to: Opposition to summary judgment
Must include: statement of disputed facts

The responding party shall include, preferably as a separate document, or within the Memorandum of Law, a “Statement of Disputed or Undisputed Facts” responding to the numbered paragraphs set forth in the moving party’s statement, either admitting that the

Senior Judge Michael M. Baylson

CRITICALCivil cases

Applies to: All
Must include: ai disclosure

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 Michael M. Baylson, 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.

Senior Judge Michael M. Baylson

CRITICAL

Applies to: General
Must include: ai disclosure

AI disclosure and citation verification required for all filings.

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 Michael M. Baylson, 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.

Senior Judge Michael M. Baylson

CRITICALCriminal cases

Applies to: Jury instructions
Must include: model instruction status

Must indicate if model jury instruction is unchanged or modified.

If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified.

Senior Judge Timothy J. Savage

CRITICALCriminal cases

Applies to: Jury instructions
Must include: legal authority

Each proposed jury instruction must include legal authority.

Each proposed instruction must be submitted with authority.

Senior Judge Timothy J. Savage

CRITICALCriminal cases

Applies to: Proposed findings conclusions

Government must file proposed findings and conclusions before suppression/Starks/Daubert hearings.

The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Trial objection

Objections must cite rule number or be one word only.

Speaking objections are not permitted. Objections shall be made by reciting the appropriate rule number or a one word basis.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Rebuttal

Rebuttal cannot rehash closing argument.

Rebuttal must not be a rehashing of closing argument.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Exhibit admission

Exhibits admitted at close of case-in-chief, not during testimony.

Exhibits are admitted into evidence at the close of each party=s case-in-chief and not during testimony or after the exhibit is identified. Counsel should review the exhibits in advance so that agreed upon exhibits can be admitted quickly and disputed exhibits ruled upon at the conclusion of the party=s case.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Jury instructions

If counsel cannot agree on jury instructions, alternative instructions with authority must be submitted.

If counsel cannot agree, proposed alternative instructions must be submitted with authority for each instruction.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Exhibits

After the jury has retired to deliberate, counsel shall review the exhibits to determine which exhibits will go out with the jury. If counsel cannot agree, they should request a ruling immediately after the jury retires to the deliberations room.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Proposed findings conclusions

In non-jury trials, parties must file stipulation of uncontested facts and proposed findings of fact and conclusions of law.

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.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Jury instructions

Counsel must cooperate in preparing joint jury instructions or face sanctions.

Counsel are expected to cooperate in the preparation of the joint proposed instructions. Failure to cooperate in the process will result in the imposition of sanctions.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Jury instructions

Counsel must meet to discuss and submit agreed-upon jury instructions and verdict forms.

Counsel must meet and discuss proposed jury instructions for the purpose of submitting agreed-upon jury instructions and verdict forms.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions must comply with Local Rule 26.1(f) and include a certification detailing the efforts made to resolve the dispute.

The motion must comply with Local Rule 26.1(f). The certification must state in detail what efforts were made to resolve the dispute.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Pretrial memorandum

Pretrial memoranda must detail the substance of each witness's testimony; identifying a witness by liability/damages category is insufficient.

In the pretrial memoranda, counsel must detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Objections to deposition testimony

Objections to deposition testimony must be made in writing before the pretrial conference, identifying page/line numbers and the basis of the objection.

Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Pretrial memorandum

Parties intending to use depositions at trial must notify all other parties in the pretrial memorandum.

Any party intending to use depositions, written or video, at trial must notify all other parties in the pretrial memorandum.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions must comply with Local Rule 26.1(f) and include a certification detailing the efforts made to resolve the dispute.

The motion must comply with Local Rule 26.1(f). The certification must state in detail what efforts were made to resolve the dispute.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Pretrial memorandum

Pretrial memoranda must detail the substance of each witness's testimony; identifying a witness by liability/damages category is insufficient.

In the pretrial memoranda, counsel must detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Objections to deposition testimony

Objections to deposition testimony must be made in writing before the pretrial conference, identifying page/line numbers and the basis of the objection.

Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Discovery

Parties must exchange e-discovery information before Rule 26(f) conference

Prior to the Rule 26(f) conference, the parties shall exchange the following information:

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Discovery timeline

Electronic discovery proceeds in sequence: initial search and production, then limited accessibility documents.

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 Fed. R. Civ. P. 26(b)(2);

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Jury instructions

Counsel must cooperate in preparing joint jury instructions or face sanctions.

Counsel are expected to cooperate in the preparation of the joint proposed instructions. Failure to cooperate in the process will result in the imposition of sanctions.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Preservation agreement

Parties must negotiate preservation agreement within 30 days of discovery.

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.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Pretrial memorandum

Parties intending to use depositions at trial must notify all other parties in the pretrial memorandum.

Any party intending to use depositions, written or video, at trial must notify all other parties in the pretrial memorandum.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Document production integrity

Producing party must preserve document integrity, formatting, metadata, and revision history.

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.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Retention coordinator duties

Retention coordinators must provide notice of spam/virus filtering criteria.

provide notice as to the criteria used for spam and/or virus filtering

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Document production format

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

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).

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Discovery disclosure

Parties must disclose restrictions on electronic search scope and methods.

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.

Senior Judge Timothy J. Savage

CRITICAL

Applies to: Jury instructions

Counsel must meet to discuss and submit agreed-upon jury instructions and verdict forms.

Counsel must meet and discuss proposed jury instructions for the purpose of submitting agreed-upon jury instructions and verdict forms.

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Discovery timeline

Limited accessibility documents searched only after initial search complete.

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

Senior Judge Timothy J. Savage

CRITICALCivil cases

Applies to: Discovery

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

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.

Senior Judge Timothy J. Savage

WARNING

Applies to: Discovery dispute letter
Must include: certificate of conference

If the parties cannot resolve the problem through the reasonable efforts required by Local Civil Rule 26.1(f), they may file on the docket submit brief letters explaining the dispute and requested relief.

Chief Judge Wendy Beetlestone

WARNING

Applies to: Witness management

If a witness was on the stand at a recess or adjournment, the witness should be on the stand ready to proceed when court resumes.

Chief Judge Wendy Beetlestone

WARNING

Applies to: Rule 26f meeting

Bad faith in Rule 26(f) process results in no voice at Rule 16 conference.

A party that fails to participate in good faith in the Rule 26(f) meeting, report, or revision requests will have no voice at the initial Rule 16 conference.

Judge Catherine Henry

WARNING

Applies to: Amended pleading

Amended pleadings must include a summary of changes and be filed as both clean and redlined copies.

Amended pleadings must include a brief descriptive summary of all changes and clearly indicate the additions or corrections made by the filing of both a clean copy and a redlined copy.

Judge Catherine Henry

WARNING

Applies to: Rule 26f report

Flawed/incomplete submissions will be returned for revision.

Flawed or incomplete submissions will be returned to counsel for revision and resubmission.

Judge Catherine Henry

WARNINGCivil cases

Applies to: E discovery

If pleadings don't permit discussion, parties must agree on exchange date or seek court resolution.

To the extent that the state of the pleadings does not permit a meaningful discussion of the above issues by the time of the Rule 26(f) conference, the parties shall either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the court at the Rule 16 scheduling conference.

Judge Chad F. Kenney

WARNING

Applies to: Proposed jury instructions

instructions that are cited should be accurately quoted and a page reference should be provided.

Judge Chad F. Kenney

WARNING

Applies to: Brief

Counsel must verify or cross-check all citations in briefs prior to filing.

Counsel must double check or have cross checked cites in briefs that have been drafted for them prior to filing.

Judge Chad F. Kenney

WARNING

Applies to: Pro hac vice application

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.

Judge Chad F. Kenney

WARNING

Applies to: Stipulated proposal

When the parties seek Court approval of stipulated proposals (which should include a signature and date line so that Judge Kenney can indicate his approval prior to filing on the docket)

Judge Chad F. Kenney

WARNINGCivil cases

Applies to: E discovery

If pleadings don't permit discussion, parties must agree on exchange date or seek court resolution.

To the extent that the state of the pleadings does not permit a meaningful discussion of the above issues by the time of the Rule 26(f) conference, the parties shall either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the court at the Rule 16 scheduling conference.

Judge Chad F. Kenney

WARNING

Applies to: Pretrial conference memorandum
Must include: settlement negotiations

Settlement negotiation should not be provided if a matter is scheduled as a bench trial.

Judge Gail A. Weilheimer

WARNINGCivil cases

Testimony at claim construction hearing is prohibited without prior court approval.

Absent prior approval of the Court, the parties shall not present testimony at the argument.

Judge Gail A. Weilheimer

WARNINGCivil cases

Applies to: Letter
Must include: notice of intent to amend

If meeting and conferring results in the intention to file an amended pleading, the party who intends to file an amended pleading should let the Court know of that intention by way of a letter placed on the docket, which will serve to ensure the Court not enter default against the party who otherwise would have an obligation to respond to the initial pleading.

Judge Gail A. Weilheimer

WARNINGCivil cases

Applies to: Motion
Must include: certificate of conference

Court may impose sanctions or require revised Joint Statement if parties agree on facts but failed to submit one.

If the Court later concludes from briefing that the parties do agree on enough material facts to justify submission of a Joint Statement, the Court may sua sponte schedule a hearing and/or request briefing from the parties to determine whether sanctions are appropriate for failure to comply with these protocols, and/or may reject the filings and require both parties to submit a revised Joint Statement.

Judge Gail A. Weilheimer

WARNINGCivil cases

Applies to: Pretrial conference memorandum

Witnesses or exhibits not disclosed in Pretrial Conference Memorandum may be precluded at trial.

Note: The Court may preclude at trial any witness or exhibit not disclosed in the Pretrial Conference Memorandum.

Judge Gail A. Weilheimer

WARNINGCivil cases

Applies to: Pro hac vice admission
Must include: local rule compliance

Unfamiliarity with rules may result in order requiring local counsel attendance or discontinuation of pro hac vice admission.

If pro hac vice counsel shows an unfamiliarity with the Local Rules of Civil Procedure or this Court’s protocols, this Court may issue an order requiring local counsel to appear at all future appearances or may discontinue the pro hac vice admission.

Judge Gail A. Weilheimer

WARNINGCivil cases

Applies to: Settlement memorandum

The Settlement Memorandum should include the following: 1. A brief summary of the case which includes the strengths and weaknesses from the perspective of the submitting party; 2. Copies of critical documents relevant to settlement (e.g. expert reports, photographs of the scene); 3. The most recent offer and demand and any insight as to why previous attempts to settle were unsuccessful; 4. The scope of settlement authority of the submitting party; and 5. Any other information that would benefit the Court in helping to effectuate a settlement.

Judge Gail A. Weilheimer

WARNINGCivil cases

Testimony at claim construction hearing is prohibited without prior court approval.

Absent prior approval of the Court, the parties shall not present testimony at the argument.

Judge Gail A. Weilheimer

WARNINGCivil cases

Applies to: Pro hac vice admission
Must include: local rule compliance

Unfamiliarity with rules may result in order requiring local counsel attendance or discontinuation of pro hac vice admission.

If pro hac vice counsel shows an unfamiliarity with the Local Rules of Civil Procedure or this Court’s protocols, this Court may issue an order requiring local counsel to appear at all future appearances or may discontinue the pro hac vice admission.

Judge Gail A. Weilheimer

WARNINGCivil cases

Applies to: Joint or unopposed motion

Joint or unopposed motions should be clearly identified as such in the title of the pleading, so that they can be given expedited consideration.

Judge Gerald A. McHugh

WARNINGCivil cases

Applies to: All filings

All filings must separately include an index providing objective descriptions of the exhibits, per Local Rule 5.1.2-5(b).

All filings must also separately include an index providing the above information. See Local Rule 5.1.2-5(b).

Judge Gerald A. McHugh

WARNINGCivil cases

Applies to: Exhibit

Each ECF exhibit must be filed as a separately numbered attachment to the main document and clearly titled with an objective description so its nature and relevance are discernible without opening the file.

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.

Judge Gerald A. McHugh

WARNINGCivil cases

Applies to: Rule 26f report

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.).

Judge Gerald A. McHugh

WARNINGCivil cases

Applies to: Motions and pleadings

Motions and pleadings should identify referenced docket documents by their ECF numbers to facilitate retrieval.

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.

Judge Gerald A. McHugh

WARNINGCivil cases

Applies to: Rule 26f report

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.).

Judge Gerald A. McHugh

WARNINGCivil cases

Applies to: Motions and pleadings

Motions and pleadings should identify referenced docket documents by their ECF numbers to facilitate retrieval.

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.

Judge Gerald A. McHugh

WARNING

Applies to: Voir dire questions

Counsel should submit one unified, agreed-upon set of voir dire questions in writing seven days before the trial date.

Counsel should submit one unified and agreed upon set of voir dire questions in writing seven days before the trial date.

Judge Gerald J. Pappert

WARNING

Applies to: Pretrial conference preparation
Must include: e discovery plan

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

The parties shall discuss the parameters of their anticipated e-discovery at the Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16 conference with the court.

Judge Jeffrey L. Schmehl

WARNING

Applies to: Lay opinion testimony
Must include: supporting documents

Lay opinion testimony under FRE 701 requires supporting documents at expert report deadline.

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.

Judge Jeffrey L. Schmehl

WARNING

Applies to: Jury instructions

If a party modifies a model jury instruction, the additions should be underlined and deletions should be placed in brackets.

Judge Jeffrey L. Schmehl

WARNING

Applies to: All
Must include: docket number references

Reference docketed documents by docket number, use ECF header page numbers if no page numbers.

When referencing a document already on the docket, do so by docket number so that it may easily be retrieved (e.g., DI 12). If the docket entry lacks its own page numbering, use the ECF header page numbers.

Judge John F. Murphy

WARNING

Applies to: Motion for reconsideration
Must include: follow page limits

Reconsideration motions should be filed sparingly and follow page limits.

Motions for reconsideration should be filed sparingly. Any motion for reconsideration of a discovery order must itself comply with the page limits in Section II.C.1., below.

Judge John M. Gallagher

WARNING

Applies to: Videotaped testimony objections

If counsel cannot resolve their disagreements, they should present any outstanding disagreements at least three weeks prior to trial (or trial pool ready date) by providing a transcript of the testimony with the challenged question and answer highlighted, and a list setting forth each objection by page and line numbers and the basis for the objection.

Judge John Milton Younge

WARNING

Applies to: Exhibits

The exhibit submission should include a schedule briefly describing each exhibit.

Counsel should provide Judge Younge with two (2) copies of each exhibit and a schedule which briefly describes each exhibit.

Judge John Milton Younge

WARNING

Applies to: Brief

Reply and sur-reply briefs may address only issues raised in the opposing brief and may not repeat arguments in the movant’s previously filed briefs.

Reply briefs and sur-reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in briefs that were previously filed by the movant, may be filed within seven days of service of the opponent’s brief in opposition/reply and shall be limited to ten pages.

Judge John Milton Younge

WARNING

Applies to: Proposed order

Proposed orders should be titled “Order” and should not include an attorney’s name or address.

Proposed orders, although only a proposal, should nonetheless be titled “Order” and should not contain an attorney’s name or address.

Judge John Milton Younge

WARNING

Applies to: Proposed order

A proposed order intended for filing under seal should include “File Under Seal” in its caption.

If meant to ultimately be filed under seal, please include “File Under Seal” in the caption.

Judge John Milton Younge

WARNING

Applies to: Confidentiality order
Must include: statement of facts

A confidentiality order must include a detailed statement demonstrating good cause for the Court to approve it.

Judge Younge will approve a confidentiality order if the order includes a detailed statement demonstrating that good cause exists.

Judge John Milton Younge

WARNING

Applies to: Expert discovery

Parties should identify experts and conduct expert discovery according to the case’s scheduling order.

Parties should identify expert witnesses and engage in expert discovery pursuant to the scheduling order entered in the particular case.

Judge John Milton Younge

WARNING

Applies to: Proposed points for charge

Proposed points for charge and special jury interrogatories must be prepared and submitted jointly; counsel are expected to seek agreement, and points for charge should include appropriate legal citations, including applicable Third Circuit Model Civil Jury Instructions.

a. The proposed points for charge and special jury interrogatories shall be prepared and submitted jointly. Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge. Proposed points for charge should be accompanied by appropriate citations of legal authority – including use of the Model Civil Jury Instructions for the Third Circuit, where applicable (see http://www.paed.uscourts.gov, “Third Circuit Model Jury Instructions” bullet).

Judge John Milton Younge

WARNING

Applies to: Findings of fact and conclusions of law

Counsel are expected to file findings of fact and conclusions of law within 10 days after the motion hearing, unless the Court directs otherwise.

Counsel will be expected to file findings of fact and conclusions of law no later than ten (10) days after the motion hearing unless otherwise directed by the Court.

Judge John Milton Younge

WARNING

Applies to: Proposed points for charge

Proposed points for charge must include appropriate citations to legal authority.

Proposed points for charge must be accompanied by appropriate citations of legal authority.

Judge John Milton Younge

WARNING

Applies to: Proposed points for charge

For a proposed point based on a model jury instruction, the submission must state whether the instruction is unchanged or modified.

If a proposed point for charge is a model jury instruction, the submission shall state whether the model jury instruction is unchanged or modified.

Judge John Milton Younge

WARNING

Applies to: Joint pretrial submissions

If counsel disagree on a proposed charge or verdict form, the joint submission must include each party’s alternative, rationale, and supporting legal authority.

Where counsel cannot agree on a particular point for charge or on the verdict form, the joint submissions shall provide the alternative version proposed by each party and the rationale and legal authority for each.

Judge John Milton Younge

WARNING

Applies to: Expert discovery

Failure to comply with the scheduling order for expert identification and discovery may result in the expert’s testimony being barred at trial.

Failure to do so may bar the use of the expert’s testimony at trial.

Judge John Milton Younge

WARNING

Applies to: Exhibits

The exhibit submission should include a schedule briefly describing each exhibit.

Counsel should provide Judge Younge with two (2) copies of each exhibit and a schedule which briefly describes each exhibit.

Judge John Milton Younge

WARNING

Applies to: Brief

Reply and sur-reply briefs may address only issues raised in the opposing brief and may not repeat arguments in the movant’s previously filed briefs.

Reply briefs and sur-reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in briefs that were previously filed by the movant, may be filed within seven days of service of the opponent’s brief in opposition/reply and shall be limited to ten pages.

Judge John Milton Younge

WARNING

Applies to: Proposed order

Proposed orders should be titled “Order” and should not include an attorney’s name or address.

Proposed orders, although only a proposal, should nonetheless be titled “Order” and should not contain an attorney’s name or address.

Judge John Milton Younge

WARNING

Applies to: Proposed order

A proposed order intended for filing under seal should include “File Under Seal” in its caption.

If meant to ultimately be filed under seal, please include “File Under Seal” in the caption.

Judge John Milton Younge

WARNING

Applies to: Confidentiality order
Must include: statement of facts

A confidentiality order must include a detailed statement demonstrating good cause for the Court to approve it.

Judge Younge will approve a confidentiality order if the order includes a detailed statement demonstrating that good cause exists.

Judge John Milton Younge

WARNING

Applies to: Expert discovery

Parties should identify experts and conduct expert discovery according to the case’s scheduling order.

Parties should identify expert witnesses and engage in expert discovery pursuant to the scheduling order entered in the particular case.

Judge John Milton Younge

WARNING

Applies to: Proposed points for charge

Proposed points for charge and special jury interrogatories must be prepared and submitted jointly; counsel are expected to seek agreement, and points for charge should include appropriate legal citations, including applicable Third Circuit Model Civil Jury Instructions.

a. The proposed points for charge and special jury interrogatories shall be prepared and submitted jointly. Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge. Proposed points for charge should be accompanied by appropriate citations of legal authority – including use of the Model Civil Jury Instructions for the Third Circuit, where applicable (see http://www.paed.uscourts.gov, “Third Circuit Model Jury Instructions” bullet).

Judge John Milton Younge

WARNING

Applies to: Findings of fact and conclusions of law

Counsel are expected to file findings of fact and conclusions of law within 10 days after the motion hearing, unless the Court directs otherwise.

Counsel will be expected to file findings of fact and conclusions of law no later than ten (10) days after the motion hearing unless otherwise directed by the Court.

Judge John Milton Younge

WARNING

Applies to: Proposed points for charge

Proposed points for charge must include appropriate citations to legal authority.

Proposed points for charge must be accompanied by appropriate citations of legal authority.

Judge John Milton Younge

WARNING

Applies to: Proposed points for charge

For a proposed point based on a model jury instruction, the submission must state whether the instruction is unchanged or modified.

If a proposed point for charge is a model jury instruction, the submission shall state whether the model jury instruction is unchanged or modified.

Judge John Milton Younge

WARNING

Applies to: Joint pretrial submissions

If counsel disagree on a proposed charge or verdict form, the joint submission must include each party’s alternative, rationale, and supporting legal authority.

Where counsel cannot agree on a particular point for charge or on the verdict form, the joint submissions shall provide the alternative version proposed by each party and the rationale and legal authority for each.

Judge John Milton Younge

WARNING

Applies to: Expert discovery

Failure to comply with the scheduling order for expert identification and discovery may result in the expert’s testimony being barred at trial.

Failure to do so may bar the use of the expert’s testimony at trial.

Judge John Milton Younge

WARNING

Applies to: Proposed order

Proposed orders must be formatted for Judge's signature without the word 'proposed'.

The order shall be formatted for the Judge’s signature (for example, do not include the word “proposed” in the text of the order).

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Joint summary

One (1) copy of a joint summary of the case for the Court to read at the beginning of voir dire to advise the venire of the nature of the case and the issues to be tried. This summary should be very brief (not to exceed a few sentences) and neutral in tone and content.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Exhibit binder

Tangible exhibits require placeholder in binder.

In the event there is a tangible exhibit, such as a firearm or controlled substance, counsel shall include a place holder in the binder identifying the exhibit.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Exhibit

Parties must take immediate possession of tangible property, enlargements, or large/bulky items.

Counsel for any party that offered into evidence tangible property, enlargements, or other large or bulky items shall take immediate possession.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Exhibit

Any exhibits that are not picked up by counsel or the parties will remain in the court’s possession until the final disposition of all appeals and retrials, if any, or the appeal period expires.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Joint summary

Joint summary for trial must describe claims, counterclaims, defenses, and elements of each claim.

One (1) copy of joint summary of the case and of applicable law for the Court to read to the jury panel at the beginning of trial to describe the claims, any counterclaims or defenses, and the elements of each claim.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Exhibit binder

Exhibit binders must include table of contents.

Each binder shall include a table of contents listing all exhibits.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Exhibit

Any exhibits that are not picked up by counsel or the parties will remain in the court’s possession until the final disposition of all appeals and retrials, if any, or the appeal period expires.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Joint summary

Joint summary for trial must describe claims, counterclaims, defenses, and elements of each claim.

One (1) copy of joint summary of the case and of applicable law for the Court to read to the jury panel at the beginning of trial to describe the claims, any counterclaims or defenses, and the elements of each claim.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Exhibit binder

Exhibit binders must include table of contents.

Each binder shall include a table of contents listing all exhibits.

Judge Joseph F. Leeson, Jr.

WARNING

Applies to: Jencks act statements
Must include: disclosure before trial

Jencks Act and Rule 26.2 statements should be disclosed before trial to avoid delays.

Judge Sánchez strongly encourages the disclosure of Jencks Act and Rule 26.2 statements prior to trial so that any dispute may be resolved at the final pretrial conference without delaying the trial. If disclosure is withheld until after direct examination, the statements will be presumed to be relevant, and the opposing party will be afforded a recess to prepare for cross-examination.

Judge Juan R. Sánchez

WARNING

Applies to: Transcript dispute resolution
Must include: joint resolution before conference

Disputes over transcript accuracy must be resolved before final pretrial conference.

If tapes are used in a case, counsel shall jointly resolve any dispute regarding the accuracy of transcripts prior to the final pretrial conference. Any unresolved dispute must be raised at the conference.

Judge Juan R. Sánchez

WARNINGCivil cases

Applies to: Retention coordinator deposition

Rule 30(b)(6) deposition of retention coordinator may be appropriate to avoid spoliation accusations.

In order to avoid later accusations of spoliation, a Rule 30(b)(6) deposition of each party's retention coordinator may be appropriate.

Judge Kai N. Scott

WARNING

Applies to: Proposed findings conclusions
Must include: proposed findings conclusions

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

Judge Karen Spencer Marston

WARNING

Applies to: Motion
Must include: appendix

Movant non-compliance may result in denial without prejudice; respondent non-compliance may result in motion being considered uncontested.

Failure of the movant to follow this procedure in all respects may result in the denial of the motion without prejudice to be renewed at trial. Respondent’s failure to comply in all respects may result in the Court’s considering the motion as uncontested.

Judge Mark A. Kearney

WARNING

Applies to: Pretrial conference
Must include: client authority

Counsel must have client authority and be prepared to discuss all claims, defenses, and topics at pretrial conferences.

Counsel taking part in any pretrial conference must be prepared to speak on every subject, including settlement, and have authority from their clients to do so. Counsel shall be prepared to discuss all claims and defenses in detail, as well as all topics listed in Federal Rules of Civil Procedure 16(b)–(c) and 26(a) and shall have a thorough understanding of the facts of the case.

Judge Mary Kay Costello

WARNINGCivil cases

Applies to: Discovery production

Late production of evidence or witnesses is viewed unfavorably.

I look unfavorably on attempts to ambush opposing Counsel with the production of evidence or witnesses past the applicable cutoff date in the Case

Judge Paul S. Diamond

WARNINGCivil cases

Applies to: Discovery objection
Must include: specific objection grounds, partial objection specification, statement of withheld materials

Rule 34 objections must be specific and state grounds; general objections may result in sanctions.

In objecting to a discovery request served under Rule 34, the Parties shall “state with specificity the grounds for objecting to the request, including the reasons.” Fed. R. Civ. P. 34(b)(2)(B). “An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.” Id. 34(b)(2)(C). General objections will rarely be appropriate and may be punished by the imposition of sanctions.

Judge Paul S. Diamond

WARNINGCivil cases

Applies to: Proposed order
Must include: review prior to hearing

Court prefers to review all proposed orders before hearings.

The Court prefers having the opportunity to review all proposed orders prior to any hearing.

Magistrate Judge Carol Sandra Moore Wells

WARNINGCivil cases

Applies to: Supplemental brief

Parties must obtain permission before filing supplemental briefs.

The parties must seek permission to file supplemental briefs.

Magistrate Judge Carol Sandra Moore Wells

WARNING

Applies to: Pretrial stipulation
Must include: exhibit objections

Exhibit authenticity objections waived unless noted in Pretrial Stipulation

All objections to the authenticity of exhibits are waived unless noted in the Pretrial Stipulation.

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Motion
Must include: consent statement

All requests must state if made with other party's consent.

Any requests shall state whether it is made with the other party’s consent. Responses to all motions are due within the period prescribed by Local Rule 7.1(c).

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Pretrial stipulation

Voir dire questions, jury instructions, and verdict form must follow format in Practices and Procedures.

[Counsel shall comply with the format prescribed in my Practices and Procedures].

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Pretrial stipulation

Video equipment requests must be made at least two weeks before trial via email.

Parties who intend to use video equipment to present the testimony of a witness should either supply that equipment or request, at least two weeks before trial, that the Court reserve equipment for them by email to Chambers_of_Magistrate_Judge_Goldner_Cinquanto@paed.uscourts.gov.

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Pretrial stipulation
Must include: objection particularity

Objections must describe ground and authority with particularity

Any objections to anticipated testimony or exhibits shall describe with particularity the ground and the authority for the objection.

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Pretrial stipulation
Must include: objections to exhibits

Objections to exhibits must describe with particularity the ground and authority.

Any objections to exhibits shall describe with particularity the ground and the authority for the objection.

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Any filing
Must include: ai disclosure

Non-compliance with AI policy may result in bar referral, monetary sanctions, or other sanctions.

Failure to comply with this policy may result in consequences such as referral to the appropriate state bar, monetary sanctions, or any other sanction the Court deems appropriate.

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Pretrial stipulation
Must include: objections to testimony

Objections to anticipated testimony must describe with particularity the ground and authority.

Any objections to anticipated testimony shall describe with particularity the ground and the authority for the objection.

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Settlement summary

The synopsis should attach key summary expert reports, policy language excerpts, photographs, sketches, diagrams, charts, etc., to the conference memos. Judge Goldner Cinquanto will review them. Please attach only those excerpts which are most relevant to the claims at issue. Relevant portions must be delineated. Attachments should be no more than 30 pages and should be separated with labeled divider pages.

Magistrate Judge Caroline Goldner Cinquanto

WARNING

Applies to: Settlement conference
Must include: non jury exclusion

Judge Straw does not conduct settlement conferences in non-jury matters.

Judge Straw will not take part in settlement discussions in a non-jury matter. A settlement conference may, however, be arranged with another magistrate judge.

Magistrate Judge Craig M. Straw

WARNING

Applies to: Settlement conference memorandum

For settlement conferences, counsel must organize and bring critical documents and any photographs, sketches, diagrams, and charts, and must attach summaries of relevant expert reports to the conference memos.

Organize and bring critical documents. Judge Toplin wants to see them. Attach relevant summary of expert reports to the conference memos. Judge Toplin will review them. Bring any photographs, sketches, diagrams, and charts. Judge Toplin will review them.

Magistrate Judge Elizabeth L Toplin

WARNING

Applies to: Pretrial memorandum

In certain cases, Judge Toplin may require counsel to stipulate to uncontested facts as set out in Local Rule 16.1(d)(2)(b)(2)(A-E).

In certain cases, Judge Toplin may require that counsel stipulate uncontested facts as generally set out in Local Rule 16.1(d)(2)(b)(2)(A-E).

Magistrate Judge Elizabeth L Toplin

WARNINGCivil cases

Applies to: Settlement report

Plaintiff must file a written report on settlement efforts by a specified date.

By (date), plaintiff will report in writing on counsels' serious settlement efforts.

Magistrate Judge Elizabeth T. Hey

WARNINGCivil cases

Applies to: Settlement report

Plaintiff must file a written report on settlement efforts by a specified date.

By (date), plaintiff will report in writing on counsels' serious settlement efforts.

Magistrate Judge Elizabeth T. Hey

WARNINGCivil cases

Applies to: Settlement memorandum

Settlement memorandum is confidential, not to be shared with opposing counsel or filed of record.

The document is not to be shared with opposing counsel nor filed of record. This is for Judge Hey’s eyes only.

Magistrate Judge Elizabeth T. Hey

WARNING

Applies to: Filing

Failure to comply with AI disclosure policy may result in bar referral, sanctions, or other court-ordered consequences.

Failure to comply with this policy may result in consequences such as referral to the appropriate state bar, monetary sanctions, or any other sanction the Court deems appropriate.

Magistrate Judge José R. Arteaga

WARNING

Applies to: Reply

Judge Sitarski will permit reply briefs, but expects such briefs to be concise, and to be limited to replying to matters raised in the opposition brief. Reply briefs should not be used to raise new issues.

Magistrate Judge Lynne A. Sitarski

WARNING

Applies to: General practice

Counsel must be prompt, professional, courteous, and discuss disputes before bringing them to court.

Judge Sitarski expects counsel to be prompt in all appearances, to be professional and courteous to each other, both in the presence of the Court and otherwise, and to have discussions with each other about any matter in dispute before it is brought to the attention of the Court.

Magistrate Judge Lynne A. Sitarski

WARNING

Applies to: Settlement conference notification
Must include: settlement possibility notification

Parties must notify Court if settlement is not a real possibility.

Please notify the Court if settlement is not a real possibility.

Magistrate Judge Lynne A. Sitarski

WARNING

Counsel should exchange proposed voir dire questions prior to the final pretrial conference.

Magistrate Judge Lynne A. Sitarski

WARNING

Applies to: Record reading
Must include: pleadings read, stipulations read, depositions discouraged

Judge Sitarski will request that counsel read stipulations and pleadings into the record. Judge Sitarski discourages reading depositions into the record, she prefers that a witness respond to the questions of counsel in open court.

Magistrate Judge Lynne A. Sitarski

WARNING

Applies to: Record reading
Must include: pleadings read, stipulations read, depositions discouraged

Judge Sitarski will request that counsel read stipulations and pleadings into the record. Judge Sitarski discourages reading depositions into the record, she prefers that a witness respond to the questions of counsel in open court.

Magistrate Judge Lynne A. Sitarski

WARNING

Applies to: Criminal proceeding

Dual representation of defendants by single attorney generally not favored.

Judge Carlos does not favor the dual representation of defendants by a single attorney at any criminal proceeding, apart, perhaps, from the initial appearance.

Magistrate Judge Pamela A. Carlos

WARNINGCivil cases

Applies to: Jury instructions
Must include: judge name

While the undersigned prefers use of the Third Circuit Model Jury Instructions where appropriate, it is insufficient to simply list the header without tailoring the content of the instruction to the facts and circumstances that are unique to this matter.

Magistrate Judge Pamela A. Carlos

WARNING

Applies to: Attorney examination argument

Normally only one attorney per party may examine a witness or present argument on the same point.

Judge Reid will not normally permit more than one attorney for the party to examine the same witness or more than one attorney to present argument on behalf of the party on the same point.

Magistrate Judge Scott W. Reid

WARNINGCivil cases

Applies to: Trial memorandum

Trial memorandum must address important legal issues with citations to legal authority.

The separate trial memorandum of each party must address important legal issues and include citation to legal authority.

Senior Judge Anita B. Brody

WARNINGCivil cases

Applies to: Pretrial memorandum

Pretrial memorandum must include statement of facts, damages list, witness list, exhibit schedule, objections, trial estimate, and special comments.

the facts of the case. o Defendant(s) must identify any relevant factual disputes. A list of items of monetary damages claimed. A list showing the names of all witnesses the party submitting the memorandum intends to call at trial. Liability and damages witnesses must be designated separately. A schedule of all exhibits to be offered at trial by the party. Objections to any proposed witnesses. Objections to any proposed exhibits (including objections to genuineness and authenticity). Objections to any proposed videotaped testimony. Objections to any proposed depositions to be read at trial. An estimate of the number of days required for trial. Special comments, if any, regarding legal issues, stipulations, amendments of pleadings, or other appropriate matters.

Senior Judge Anita B. Brody

WARNINGCivil cases

Applies to: Proposed discovery plan

Disagreements in the Proposed Discovery Plan must be highlighted in bold.

Disagreements concerning the timetable of discovery or other discovery-related matters must be highlighted in bold-face type.

Senior Judge Anita B. Brody

WARNINGCivil cases

Applies to: Trial memorandum

Trial memorandum must address important legal issues with citations to legal authority.

The separate trial memorandum of each party must address important legal issues and include citation to legal authority.

Senior Judge Anita B. Brody

WARNINGCivil cases

Applies to: Pretrial memorandum

Pretrial memorandum must include statement of facts, damages list, witness list, exhibit schedule, objections, trial estimate, and special comments.

the facts of the case. o Defendant(s) must identify any relevant factual disputes. A list of items of monetary damages claimed. A list showing the names of all witnesses the party submitting the memorandum intends to call at trial. Liability and damages witnesses must be designated separately. A schedule of all exhibits to be offered at trial by the party. Objections to any proposed witnesses. Objections to any proposed exhibits (including objections to genuineness and authenticity). Objections to any proposed videotaped testimony. Objections to any proposed depositions to be read at trial. An estimate of the number of days required for trial. Special comments, if any, regarding legal issues, stipulations, amendments of pleadings, or other appropriate matters.

Senior Judge Anita B. Brody

WARNINGCivil cases

Applies to: Scheduling request

Requests to schedule or reschedule a conference or hearing before Judge Brody may be made by letter, fax, or email to the law clerk assigned to the case, stating the reasons and noting the agreement or disagreement of all counsel. Counsel must also provide the court with five alternative dates that are acceptable to all parties.

Senior Judge Anita B. Brody

WARNING

Applies to: General proceedings
Must include: civility, punctuality, professional conduct

Counsel must be punctual and civil to all parties, witnesses, and court personnel.

Judge Bartle expects counsel to be punctual for all conferences, hearings, and trials. He also expects counsel at all times to be civil to one another as well as to all parties, witnesses, and court personnel.

Senior Judge Harvey Bartle III

WARNING

Applies to: Courtroom proceedings
Must include: stand when addressing court, may sit when examining witnesses, permission required to approach witnesses

Counsel must stand when addressing court but may sit when examining witnesses.

In all courtroom proceedings, Judge Bartle expects counsel to stand when addressing the Court. However, counsel may remain seated when examining witnesses. Counsel also may approach the witnesses with permission of the Court.

Senior Judge Harvey Bartle III

WARNING

Must include: juror notetaking prohibited

Judge Slomsky generally prohibits jury notetaking but may permit it in appropriate cases.

As a general rule, Judge Slomsky does not allow the jury to take notes. In an appropriate case, he may permit notetaking.

Senior Judge Joel H. Slomsky

WARNING

Applies to: Sentencing memorandum
Must include: sentencing memorandum

Judge Padova expects the submission of sentencing memoranda by both the Government and defendants, but notes that they must be within the framework provided by the Sentencing Guidelines in order to be useful.

Senior Judge John R. Padova

WARNING

Applies to: Jury instructions

Proposed jury instructions should only cover substantive issues, not basic instructions.

Proposed instructions should cover only the substantive issues regarding the elements of each cause of action and each defense. Basic instructions, such as the burden of proof, credibility and procedure, should not be submitted.

Senior Judge Timothy J. Savage

WARNINGCivil cases

Applies to: Reply brief

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.

Senior Judge Timothy J. Savage

WARNINGCivil cases

Applies to: Exhibit schedule

The schedule of exhibits must describe each exhibit.

The parties shall provide the Court with one copy of each exhibit to which there is an objection and two copies of a schedule of exhibits which shall describe each exhibit.

Senior Judge Timothy J. Savage

WARNINGCivil cases

Applies to: Sur reply

No further briefs may be filed.

Senior Judge Timothy J. Savage

WARNINGCivil cases

Applies to: Reply brief

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.

Senior Judge Timothy J. Savage

WARNINGCivil cases

Applies to: Exhibit schedule

The schedule of exhibits must describe each exhibit.

The parties shall provide the Court with one copy of each exhibit to which there is an objection and two copies of a schedule of exhibits which shall describe each exhibit.

Senior Judge Timothy J. Savage

WARNINGCivil cases

Applies to: Sur reply

No further briefs may be filed.

Senior Judge Timothy J. Savage

INFO

Applies to: Motion

V. Pro Hac Vice Admissions: To be admitted appearing before Judge Beetlestone pro hac vice, associate counsel of record should submit a written motion for admission prior to the day of the first appearance of out-of-state counsel. The admission of out-of-state counsel pro hac vice does not relieve associate counsel of responsibility for the matter before the Court.

Chief Judge Wendy Beetlestone

INFO

Applies to: Rule 26f report

Key documents (e.g., disputed contracts) encouraged for Rule 16 conference.

Parties are encouraged to attach any key documents for the Court’s review ahead of the Rule 16 conference (e.g., a disputed contract).

Judge Catherine Henry

INFO

Applies to: Summary judgment motion
Must include: joint appendix

Joint appendix encouraged with summary judgment briefings.

Parties are encouraged to submit a joint appendix with the moving party's briefings.

Judge Catherine Henry

INFO

Applies to: Rule 26f report

Rule 26(f) form is minimum requirement; supplemental information may be attached.

The parties may attach any supplemental information desired to this form; the form is a minimum requirement.

Judge Catherine Henry

INFOCivil cases

Applies to: E discovery

Default e-discovery standards apply if parties cannot agree before Rule 16 conference.

In the event the parties cannot reach an agreement on how to conduct electronic discovery ("e-discovery") before the Rule 16 scheduling conference, the following default standards shall apply until such time, if ever, the parties conduct e-discovery on a consensual basis.

Judge Chad F. Kenney

INFO

Applies to: Motion or response

Best practice (not mandatory) is to file an index of exhibits referenced in a motion or response identifying the exhibit, its content, and its ECF location.

The best practice is to file an index of exhibits referenced in the Motion or Response with the Motion or Response, identifying the exhibit, its content, and where it can be found on the ECF (see Local Rule 5.1.2, Subsection 5(b)).

Judge Chad F. Kenney

INFO

Applies to: Pretrial memorandum

A separate trial brief is not required because the parties' pretrial memoranda serve as their trial briefs.

Parties’ pretrial memoranda will be considered as their trial brief.

Judge Chad F. Kenney

INFOCivil cases

Applies to: Motion
Must include: certificate of conference

Sample certification language for meet-and-confer requirement.

The undersigned counsel certifies that on insert date the parties did meet and confer in an attempt to resolve list motion or topic that was addressed . As this matter was unable to be resolved through substantive verbal communications the attached Motion is being filed.

Judge Gail A. Weilheimer

INFO

Applies to: Pretrial conference memorandum
Must include: unavailable dates

Specific circumstances qualify as witness/counsel unavailability

The Court will consider a witness or counsel to be unavailable due to a court attachment, a prepaid vacation/business trip, a scheduled medical procedure or a significant life event such as a child's wedding or graduation.

Judge Gail A. Weilheimer

INFOCivil cases

The Court is open to the presentation of live technology tutorials when they may be of benefit. The parties may also submit tutorials in electronic form by the deadline for submission of the Joint Claim Construction Brief. If a party intends to present a live tutorial, it should be directed to the underlying technology (rather than argument related to infringement or validity).

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Pro hac vice admission

Pro hac vice counsel may use Eastern District's standard admission form.

Counsel applying for admission before the Court pro hac vice may use the Eastern District’s standard form.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Brief

Parties may argue additional undisputed facts in briefing beyond those in Joint Statement.

Agreeing upon the submission of a Joint Statement will not preclude a party from arguing in briefing that there are other undisputed facts besides those on which the parties were able to agree.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Joint statement of undisputed facts

Including facts in Joint Statement does not constitute concession of relevance or materiality.

Inclusion of a given fact in a Joint Statement will not be considered a concession by any party that a given fact is relevant or material.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Brief

Where the parties agree upon a Joint Statement, all factual citations should be made to the Joint Statement, to the extent they can be.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Opposition to summary judgment

Court typically sets deadline for summary judgment opposition in Scheduling Order.

The Court will typically set a deadline by which a party opposing summary judgment must file its opposition in its Scheduling Order.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Amended notice of removal

Amended Notice of Removal does not affect case deadlines running from removal.

The filing of an Amended Notice of Removal will have no impact on any case deadlines which run from the removal of the case.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Pro hac vice admission

Local counsel attendance not required after pro hac vice admission, except as specified.

After motion for leave to appear pro hac vice is granted, local counsel need not be present at every appearance, except as outlined infra.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Amended complaint
Must include: certificate of conference

Amended complaint filed after meet and confer is deemed filed with leave of court under Rule 15(a)(2).

If during the meet and confer described herein, a party is alerted to a deficiency in their complaint by opposing counsel, the filing party is permitted to submit an amended complaint which rectifies all, or some, of the issues addressed at the meeting. The party filing the amended complaint should attach to the amended complaint a certification that such amendment was the result of compliance with this protocol. If such certification is attached, the amended complaint will be deemed filed with leave of Court under Fed. R. Civ. P. 15(a)(2), and therefore not exhaust the party’s amendment as of right under Fed. R. Civ. P. 15(a)(1).

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Trial procedure

Jurors may take notes during evidence presentation but not during arguments or jury instructions.

Judge Weilheimer permits note taking by jurors during the presentation of evidence. Jurors are not permitted to take notes during argument or the Court’s instruction on the law.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Joint statement of undisputed facts

Joint Statement should include relevant exhibits.

The Joint Statement should include exhibits, where relevant.

Judge Gail A. Weilheimer

INFOCivil cases

The Court is open to the presentation of live technology tutorials when they may be of benefit. The parties may also submit tutorials in electronic form by the deadline for submission of the Joint Claim Construction Brief. If a party intends to present a live tutorial, it should be directed to the underlying technology (rather than argument related to infringement or validity).

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Amended complaint
Must include: certificate of conference

Amended complaint filed after meet and confer is deemed filed with leave of court under Rule 15(a)(2).

If during the meet and confer described herein, a party is alerted to a deficiency in their complaint by opposing counsel, the filing party is permitted to submit an amended complaint which rectifies all, or some, of the issues addressed at the meeting. The party filing the amended complaint should attach to the amended complaint a certification that such amendment was the result of compliance with this protocol. If such certification is attached, the amended complaint will be deemed filed with leave of Court under Fed. R. Civ. P. 15(a)(2), and therefore not exhaust the party’s amendment as of right under Fed. R. Civ. P. 15(a)(1).

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Trial procedure

Jurors may take notes during evidence presentation but not during arguments or jury instructions.

Judge Weilheimer permits note taking by jurors during the presentation of evidence. Jurors are not permitted to take notes during argument or the Court’s instruction on the law.

Judge Gail A. Weilheimer

INFOCivil cases

Applies to: Joint statement of undisputed facts

Joint Statement should include relevant exhibits.

The Joint Statement should include exhibits, where relevant.

Judge Gail A. Weilheimer

INFO

Applies to: Proposed findings conclusions

In TRO/preliminary injunction proceedings, the Court may require the parties to submit proposed findings of fact and conclusions of law before the hearing.

He may also require the parties to submit proposed findings of fact and conclusions of law prior to the hearing.

Judge Gerald J. Pappert

INFO

Applies to: Proposed findings conclusions

In TRO/preliminary injunction proceedings, the Court may require the parties to submit proposed findings of fact and conclusions of law before the hearing.

He may also require the parties to submit proposed findings of fact and conclusions of law prior to the hearing.

Judge Gerald J. Pappert

INFO

Applies to: Stipulations
Must include: exhibits, undisputed facts, jury instructions +1 more

Counsel encouraged to stipulate to undisputed facts, exhibits, jury instructions, and special interrogatories before trial.

Judge Schmehl strongly encourages counsel to stipulate to as many matters as possible before trial, including undisputed facts, exhibits, jury instructions, and special interrogatories.

Judge Jeffrey L. Schmehl

INFO

Applies to: Proposed findings conclusions
Must include: specific reference to trial evidence

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.

Judge Jeffrey L. Schmehl

INFO

Applies to: Jury deliberations
Must include: testimony readback procedure

Deputy Clerk may read back testimony or replay tapes at jury's request.

At the jury’s request, the court may permit the Deputy Clerk to read portions of testimony back to the jury or to replay the audio or video-taped testimony.

Judge Jeffrey L. Schmehl

INFO

Applies to: Trial bifurcation

Trial may be bifurcated when damages witnesses greatly exceed liability witnesses.

In cases where the number of witnesses for damages greatly exceeds the number of witnesses for liability, Judge Schmehl may bifurcate the trial of the case.

Judge Jeffrey L. Schmehl

INFO

Applies to: Jury polling
Must include: polling available upon request

Court will poll jury if requested by counsel.

If requested by counsel, the court will poll the jury.

Judge Jeffrey L. Schmehl

INFO

Applies to: Jury verdict
Must include: interrogatories, verdict taken by deputy

Court submits interrogatories to jury; Courtroom Deputy takes verdict in presence of court, counsel, and parties.

Ordinarily, the court will submit interrogatories to the jury. The Courtroom Deputy will take the verdict in the presence of the court, counsel, and the parties.

Judge Jeffrey L. Schmehl

INFO

Applies to: Oral argument
Must include: available upon request

Oral argument generally permitted on substantive motions in criminal cases upon request.

The court will generally permit oral argument on a substantive motion in a criminal case upon request.

Judge Jeffrey L. Schmehl

INFO

Applies to: Juror interviews
Must include: interviews allowed, jury not required to participate

Judge allows counsel to interview jurors but instructs jury they are not required to talk to attorneys.

Judge Schmehl will allow counsel to interview jurors but will instruct the jury that they are not required to talk to the attorneys.

Judge Jeffrey L. Schmehl

INFO

Applies to: Trial brief

Parties should submit a trial brief only if a new or unique point of law is involved.

Judge Jeffrey L. Schmehl

INFO

Applies to: Jury deliberations
Must include: exhibit selection discussion

Court and counsel discuss which exhibits go to jury after jury begins deliberations.

After the jury has been instructed and taken to the jury room to begin deliberations, the court and counsel will discuss which exhibits should go out with the jury for their consideration during deliberations.

Judge Jeffrey L. Schmehl

INFO

Applies to: Proposed order
Must include: file on ecf

Proposed orders should be filed on ECF; complex orders should also be emailed to chambers in Word format.

Proposed orders should be filed on ECF along with the relevant request for relief, except that complex proposed orders, such as scheduling orders in patent cases or lengthy discovery orders, should also be e-mailed to chambers in Word version to facilitate editing.

Judge John F. Murphy

INFO

Must include: judge name

Counsel must notify chambers about court reporter preference well before pretrial conference

If counsel want a court reporter for trial rather than an audio recording, they must raise that with chambers well before the pretrial conference.

Judge John F. Murphy

INFO

Applies to: Jury instructions
Must include: judge name

Each proposed instruction should be numbered consecutively and should start on a new page to facilitate reference, editing, and reordering.

Judge John F. Murphy

INFO

Applies to: Jury instructions
Must include: judge name

Instructions should be customized, terse, and neutral for jury understanding

Counsel should customize the instructions to the parties or events of the case in a terse and neutral manner so that they may be more easily understood by the jury.

Judge John F. Murphy

INFO

Applies to: Motion

The joint set of exhibits must be filed in conformity with section 2 of these policies and procedures. For motions with voluminous exhibits, we encourage using a single consecutively numbered appendix with a table of contents rather than individual, separately filed exhibits.

Judge John F. Murphy

INFO

Applies to: Jury instructions
Must include: judge name

The parties should deliberate over and propose a complete, ready-to-read set of instructions: both preliminary and final instructions; and both standard and case-specific instructions.

Judge John F. Murphy

INFO

Applies to: Jury instructions
Must include: judge name

Parties should follow Third Circuit Model Jury Instructions with legal authority for variations

Whenever possible, the parties shall adhere to the Third Circuit’s Model Jury Instructions. Variation should be explained with reference to specific legal authority, such as other model jury instructions, caselaw, instructions from other trials, or otherwise.

Judge John F. Murphy

INFO

Applies to: Rule 16 scheduling order

Rule 16 Scheduling Order issued after conference.

The Court will issue a Rule 16 Scheduling Order following the conference.

Judge John M. Gallagher

INFO

In criminal matters, Judge Younge personally conducts voir dire.

Judge Younge’s practice in criminal matters is to personally conduct the voir dire.

Judge John Milton Younge

INFO

In civil matters, counsel usually conduct voir dire with minimal oversight from the judge and court deputy.

However, in civil matters Counsel will usually conduct voir dire with minimal oversight from the Judge and his court deputy.

Judge John Milton Younge

INFO

Applies to: Voir dire questions

Counsel may submit proposed voir dire by the date specified in the pretrial order and supplemental voir dire on the trial date.

Counsel are free to submit proposed (by a date set in this Court’s pre- trial order) and supplemental voir dire (on the trial date) to Judge Younge.

Judge John Milton Younge

INFO

If follow-up questioning is needed, the judge may allow counsel to conduct it or submit questions for the judge to ask.

Should the need for follow-up questioning arise, Judge Younge may permit counsel to either do so themselves or submit follow-up questions for Judge Younge to ask.

Judge John Milton Younge

INFO

Applies to: Discovery period

The Court generally permits three to six months for discovery, except in more complex litigation.

Judge Younge generally permits 3-6 months of discovery, except for more complex litigation.

Judge John Milton Younge

INFO

Applies to: Supplemental points for charge

Supplemental points for charge are permitted during trial and at its conclusion.

e. Supplemental points for charge will be permitted during and at the conclusion of trial.

Judge John Milton Younge

INFO

Applies to: Trial brief

Counsel may submit trial briefs when they are likely to help the Court.

Counsel may submit trial briefs when they are likely to be helpful to the Court.

Judge John Milton Younge

INFO

Applies to: Pretrial submissions

Counsel are expected to collaborate and agree on as many pre-trial submission items as possible before submission.

Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge.

Judge John Milton Younge

INFO

In criminal matters, Judge Younge personally conducts voir dire.

Judge Younge’s practice in criminal matters is to personally conduct the voir dire.

Judge John Milton Younge

INFO

In civil matters, counsel usually conduct voir dire with minimal oversight from the judge and court deputy.

However, in civil matters Counsel will usually conduct voir dire with minimal oversight from the Judge and his court deputy.

Judge John Milton Younge

INFO

Applies to: Voir dire questions

Counsel may submit proposed voir dire by the date specified in the pretrial order and supplemental voir dire on the trial date.

Counsel are free to submit proposed (by a date set in this Court’s pre- trial order) and supplemental voir dire (on the trial date) to Judge Younge.

Judge John Milton Younge

INFO

If follow-up questioning is needed, the judge may allow counsel to conduct it or submit questions for the judge to ask.

Should the need for follow-up questioning arise, Judge Younge may permit counsel to either do so themselves or submit follow-up questions for Judge Younge to ask.

Judge John Milton Younge

INFO

Applies to: Discovery period

The Court generally permits three to six months for discovery, except in more complex litigation.

Judge Younge generally permits 3-6 months of discovery, except for more complex litigation.

Judge John Milton Younge

INFO

Applies to: Supplemental points for charge

Supplemental points for charge are permitted during trial and at its conclusion.

e. Supplemental points for charge will be permitted during and at the conclusion of trial.

Judge John Milton Younge

INFO

Applies to: Trial brief

Counsel may submit trial briefs when they are likely to help the Court.

Counsel may submit trial briefs when they are likely to be helpful to the Court.

Judge John Milton Younge

INFO

Applies to: Pretrial submissions

Counsel are expected to collaborate and agree on as many pre-trial submission items as possible before submission.

Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge.

Judge John Milton Younge

INFO

Applies to: Motion
Must include: oral argument request

A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading.

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Stipulation

Stipulations and consent decrees may use electronic signatures

Stipulations, consent decrees, or other documents requiring Court approval or signature may be in a form using electronic signature.

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Stipulation

Approved stipulations are forwarded to Clerk for filing and dissemination

If approved, Judge Leeson forwards the Stipulation and Order to the Clerk for filing and dissemination to the parties.

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Summary judgment motion

Summary judgment statement must include only material facts in dispute.

The moving party shall include only those facts that are material to the issues in dispute in the enumerated statement of facts.

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Summary judgment opposition
Must include: controvert facts

Undisputed facts in summary judgment are deemed admitted unless controverted.

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

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Pretrial conference

Pretrial conference held approximately one week before trial date

If it appears that the case will procced to trial, the Court will hold a pretrial conference approximately one week prior to the trial date.

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Exhibit

Exhibits may be released to offering party at close of trial with court approval.

upon approval of the Court, exhibits may be released at the close of trial to the custody of the party who offered them.

Judge Joseph F. Leeson, Jr.

INFOCivil cases

Applies to: Settlement conference memorandum

Settlement conference memorandum must include case caption and trial type.

Each memorandum shall include the following information: (1) The caption of the case. (2) Whether the case will be tried to a jury or through a nonjury trial.

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Exhibit

Exhibits may be released to offering party at close of trial with court approval.

upon approval of the Court, exhibits may be released at the close of trial to the custody of the party who offered them.

Judge Joseph F. Leeson, Jr.

INFO

Applies to: Post hearing brief

Post-hearing briefs or proposed findings may be required after suppression hearings, with schedule set by judge.

Following a hearing on a motion to suppress, Judge Wolson might request the submission of post-hearing briefs or proposed findings of fact and conclusions of law. Judge Wolson will establish a schedule of these submissions after the suppression hearing.

Judge Joshua D. Wolson

INFO

Applies to: Written submission

Citations to docket documents in written submissions should include the document's ECF number.

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

Judge Joshua D. Wolson

INFO

Applies to: Post hearing brief

Post-hearing briefs or proposed findings may be required after suppression hearings, with schedule set by judge.

Following a hearing on a motion to suppress, Judge Wolson might request the submission of post-hearing briefs or proposed findings of fact and conclusions of law. Judge Wolson will establish a schedule of these submissions after the suppression hearing.

Judge Joshua D. Wolson

INFO

Applies to: Written submission

Citations to docket documents in written submissions should include the document's ECF number.

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

Judge Joshua D. Wolson

INFO

Applies to: Stipulation
Must include: signature blocks

Stipulations and consent decrees must be signed by all counsel; electronic signatures permitted per Local Rule 7.4(b).

Any stipulations, consent decrees, or other documents requiring Court approval or signature must be signed by all counsel. Electronic signatures are permitted in accordance with Local Rule of Civil Procedure 7.4(b).

Judge Juan R. Sánchez

INFO

Applies to: Cross examination

Judge Sánchez generally permits recross-examination only “[w]here new evidence is opened up on redirect examination.” United States v. Riggi, 951 F.2d 1368, 1375 (3d Cir. 1991) (explaining “the privilege of recross-examination as to matters not covered on redirect examination lies within the trial court’s discretion” (citation omitted)).

Judge Juan R. Sánchez

INFO

Applies to: Discovery

The parties should begin discovery as soon as permitted under the applicable rules, without waiting for the Rule 16 conference and regardless of whether a motion is pending.

Judge Karen Spencer Marston

INFO

Must include: note taking permitted

Jurors are permitted to take notes.

Judge Marston permits jurors to take notes.

Judge Karen Spencer Marston

INFO

Applies to: Appendix

Appendices must include a table of contents; joint appendices are encouraged for Rule 56 motions.

Parties are encouraged to submit a joint appendix of all exhibits with the moving party’s briefings. If that is not practical, then the parties may file separate appendices, and the responding party must cite to the moving party’s appendix wherever possible. Appendices, whether joint or separate, must include a table of contents.

Judge Kelley Brisbon Hodge

INFO

Applies to: Guilty plea memorandum

Guilty plea memorandum should include offense elements, statutory maximum penalties, plea agreement terms, and factual basis for the plea.

The guilty plea memorandum should include: the elements of each offense to which the defendant will plead guilty and legal citations for the elements, the statutory maximum penalties for each offense, the terms of any plea agreement, and the factual basis for the plea.

Judge Kelley Brisbon Hodge

INFO

Applies to: Statement of facts
Must include: not filed with court

Statement of facts process should not be filed on docket but shared with parties.

This process of serving and responding should not be filed with the Court on the docket but must be realized with all other parties.

Judge Mia Roberts Perez

INFO

Applies to: Exhibits
Must include: jury exhibits agreement

Counsel will determine which exhibits will be given to the jury after it retires to deliberate. If counsel cannot agree, they should request a ruling immediately after the jury retires to the deliberation room.

Judge Mia Roberts Perez

INFO

Speaking objections discouraged; sidebars permitted sparingly.

Speaking objections are discouraged and should include only the word “objection” and the relevant rule number. Sidebars will be permitted only sparingly.

Judge Mia Roberts Perez

INFOCivil cases

Applies to: Magistrate judge consent form

Magistrate judge consent form available at specified URL.

The consent form is available on the Court's website at http://www.paed.uscourts.gov/documents/handbook/forms/app_q1.pdf.

Judge Paul S. Diamond

INFO

Must include: patience

Judge Goldner Cinquanto expects counsel to: Be patient. Settlement is a process. It takes time.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Must include: flexibility

Judge Goldner Cinquanto expects counsel to: Be flexible. Avoid bottom lines or top numbers.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Must include: creativity

Judge Goldner Cinquanto expects counsel to: Be creative.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Settlement conference
Must include: expectation management

Judge Goldner Cinquanto expects counsel to: Manage their own expectations.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Settlement conference
Must include: agreement disagreement analysis

Judge Goldner Cinquanto expects counsel to: Be prepared to discuss factual and legal points of agreement and disagreement.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Settlement conference
Must include: case analysis

Judge Goldner Cinquanto expects counsel to: Be prepared to discuss the weaknesses, as well as the strengths, of their case.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Supplemental joint appendix

Supplemental joint appendix must include original appendix, add materials at end, continue page numbering, and update TOC.

If unusual circumstances make it necessary for a party to supplement the joint appendix, the party must move for permission to file a supplemental joint appendix. The supplemental joint appendix must contain the original appendix, add the supplemental materials at the end, continue the appendix page numbering, and provide an updated table of contents.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Motion

Motion practice governed by EDPA Local Rule 7.1 with exceptions noted in this document and other applicable rules.

Motion practice is governed by Eastern District of Pennsylvania Local Rule of Civil Procedure 7.1 except as described elsewhere in these Practices and Procedures, the Local Rules and applicable Standing Orders, or, as relevant, the Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g), or the Rules Governing Section 2254 Cases in the United States District Courts.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Local rules

Local Rules and Court Policies available at Eastern District of Pennsylvania website

of Civil Procedure for this District and this Court’s Policies and Procedures. Both are available through the website for the Eastern District of Pennsylvania (https://www.paed.uscourts.gov/).

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Settlement summary

Judge may require hard copies of lengthy materials.

Judge Goldner Cinquanto may require parties to provide hard copies of lengthy materials.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Pretrial stipulation
Must include: judge name

Joint pretrial stipulation is preferred over Local Rule 16.1 for pretrial procedure.

The parties should ordinarily expect to file a joint pretrial stipulation, in the form attached, in lieu of complying with Eastern District of Pennsylvania Local Rule 16.1, which otherwise governs pretrial procedure.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Discovery
Must include: proportionality

Discovery must be proportional to the needs of the case.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Joint pretrial stipulation
Must include: unusual legal issues, citations to relevant authority

The Joint Pretrial Stipulation should also alert the Court of any unusual legal issues which would serve as the basis for a motion for a judgment as a matter of law under Federal Rule of Civil Procedure 50 or any other dispositive motions with citations to relevant legal authority.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Settlement conference
Must include: settlement impediments

Counsel must be prepared to discuss legal, financial, or emotional impediments to settlement.

Judge Goldner Cinquanto expects counsel to: Be prepared to discuss any impediments to settlement, whether legal, financial, or emotional.

Magistrate Judge Caroline Goldner Cinquanto

INFO

Applies to: Exhibits

Reach agreement in advance on exhibit admission.

Judge Straw expects counsel to reach agreement in advance as to the admission of exhibits.

Magistrate Judge Craig M. Straw

INFO

Applies to: In limine motion

In limine motions accepted before final pretrial conference per scheduling order.

Judge Straw will accept in limine motions in advance of the final pretrial conference and in accordance with his scheduling order so as to give him an opportunity to consider the merits of the motion.

Magistrate Judge Craig M. Straw

INFO

Applies to: Jury instructions

Use Third Circuit Model Jury Instructions when possible.

Judge Straw prefers use of the Third Circuit Model Jury Instructions whenever possible.

Magistrate Judge Craig M. Straw

INFO

Applies to: Interrogatories

Judge submits written interrogatories to jury in appropriate cases.

Judge Straw will submit written interrogatories to the jury in the appropriate case.

Magistrate Judge Craig M. Straw

INFO

Applies to: Verdict form

Judge encourages agreement on less than unanimous verdict.

Judge Straw will encourage counsel to agree upon a less than unanimous verdict.

Magistrate Judge Craig M. Straw

INFO

Applies to: Read back requests

Judge seeks counsel input on read-back requests, decides case-by-case.

Judge Straw will seek the input of counsel and will then make a determination on a case-by-case basis when requests are made to read back testimony or replay tapes.

Magistrate Judge Craig M. Straw

INFO

Applies to: Verdict

No usual practice for taking verdict.

Judge Straw has no usual practice with respect to taking a verdict.

Magistrate Judge Craig M. Straw

INFO

Applies to: Jury polling

Judge permits jury polling if requested.

Judge Straw will, if requested, permit the jury to be polled.

Magistrate Judge Craig M. Straw

INFO

Applies to: Juror interviews

Permit juror interviews after verdict recorded, jury discharged, and told no obligation to speak.

Judge Straw will permit counsel to interview jurors, but only after the verdict has been recorded, the jury has been discharged and they have been told in clear terms that they have no obligation to speak with counsel.

Magistrate Judge Craig M. Straw

INFO

Applies to: Exhibits

Provide only essential portions of bulky exhibits with context.

Counsel is encouraged, however, to provide the Court with only the essential and relevant portions of bulky exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.

Magistrate Judge Craig M. Straw

INFO

Applies to: Counsel availability

Counsel not required to stay in courthouse but must be available by phone.

Judge Straw will not require counsel to remain in the courthouse during deliberations but will require counsel to be available on short telephone notice.

Magistrate Judge Craig M. Straw

INFO

Applies to: Exhibits

Judge considers exhibit submission to jury on case-by-case basis.

Judge Straw will consider what exhibits should be sent out to the jury during their deliberations on a case-by-case basis.

Magistrate Judge Craig M. Straw

INFO

Applies to: Proposed findings conclusions

Supplementation of proposed findings permitted at close of trial or after trial.

A supplementation will be permitted at the close of trial or, in an appropriate case, after trial.

Magistrate Judge Craig M. Straw

INFO

Applies to: Jury instructions

No specific practice on submitting jury instructions to jury.

Judge Straw has no particular practice or policy on submitting a copy of instructions to the jury.

Magistrate Judge Craig M. Straw

INFO

Applies to: Juror interviews

Permit juror interviews after verdict recorded, jury discharged, and told no obligation to speak.

Judge Straw will permit counsel to interview jurors, but only after the verdict has been recorded, the jury has been discharged and they have been told in clear terms that they have no obligation to speak with counsel.

Magistrate Judge Craig M. Straw

INFO

Applies to: Exhibits

Provide only essential portions of bulky exhibits with context.

Counsel is encouraged, however, to provide the Court with only the essential and relevant portions of bulky exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.

Magistrate Judge Craig M. Straw

INFO

Applies to: Counsel availability

Counsel not required to stay in courthouse but must be available by phone.

Judge Straw will not require counsel to remain in the courthouse during deliberations but will require counsel to be available on short telephone notice.

Magistrate Judge Craig M. Straw

INFO

Applies to: Exhibits

Judge considers exhibit submission to jury on case-by-case basis.

Judge Straw will consider what exhibits should be sent out to the jury during their deliberations on a case-by-case basis.

Magistrate Judge Craig M. Straw

INFO

Applies to: Proposed findings conclusions

Supplementation of proposed findings permitted at close of trial or after trial.

A supplementation will be permitted at the close of trial or, in an appropriate case, after trial.

Magistrate Judge Craig M. Straw

INFO

Applies to: Jury instructions

No specific practice on submitting jury instructions to jury.

Judge Straw has no particular practice or policy on submitting a copy of instructions to the jury.

Magistrate Judge Craig M. Straw

INFO

Applies to: Proposed jury instructions

Judge Toplin prefers use of the Third Circuit Model Jury Instructions whenever possible.

Magistrate Judge Elizabeth L Toplin

INFO

Applies to: Trial exhibits

Counsel is encouraged to give the Court only the essential and relevant portions of bulky exhibits, with sufficient material to provide context.

Counsel is encouraged, however, to provide the Court with only the essential and relevant portions of bulky exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.

Magistrate Judge Elizabeth L Toplin

INFO

Applies to: Trial exhibits

Counsel is encouraged to give the Court only the essential and relevant portions of bulky exhibits, with sufficient material to provide context.

Counsel is encouraged, however, to provide the Court with only the essential and relevant portions of bulky exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.

Magistrate Judge Elizabeth L Toplin

INFO

Applies to: Probation report
Must include: defendant review, defense counsel review

Defendant/defense counsel may review Probation Department's sentencing recommendation if no waiver.

Where there is no waiver of the presentence report, Judge Hey permits the defendant or defense counsel to review the Probation Department's written recommendation as to sentence.

Magistrate Judge Elizabeth T. Hey

INFO

Applies to: Pro hac vice motion
Must include: judge name, proposed order, certificate of service

Oral pro hac vice motions permitted on first appearance day

Judge Sitarski will permit oral motions for pro hac vice admissions on the day that the attorney to be admitted first appears. On or before the date of the non-admitted attorney’s first appearance, counsel must prepare an appropriate order to memorialize the pro hac vice admission.

Magistrate Judge Lynne A. Sitarski

INFO

Standard discovery period is 90-120 days, but may be adjusted based on counsel's input

Judge Sitarski normally permits from 90 to 120 days for the completion of discovery; however, she will consider the informed view of counsel as to the time that will be required for discovery in a particular case.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Settlement conference memorandum
Must include: exhibits

Attorneys may submit up to five critical documents with settlement conference memorandum

Judge Sitarski permits each attorney to submit copies of up to five documents that he/she considers critical to resolution of the case.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Exhibits
Must include: essential portions only

Counsel are encouraged, however, to provide the Court with only the essential and relevant portions of lengthy exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Opening closing statements
Must include: reasonable length

Reasonable latitude for opening/closing statements length.

Judge Sitarski will discuss with counsel the length of time necessary and appropriate for opening and closing statements, but will give counsel reasonable latitude.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Confidentiality agreement

Confidentiality agreements permitted subject to Pansy v. Borough of Stroudsburg requirements

Judge Sitarski will permit confidentiality agreements, subject to the requirements of Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994).

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Settlement conference submission
Must include: confidentiality

Settlement conference submissions are confidential and for Court only.

These submissions are confidential and shall be submitted to the Court only.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Motion
Must include: judge name, proposed order

Oral argument scheduled at court's discretion, may be requested

Judge Sitarski will schedule oral argument on motions if it appears likely to be helpful to the Court’s resolution of the matter. Counsel may request oral argument if counsel considers argument appropriate, but the Court will determine whether oral arguments will be heard.

Magistrate Judge Lynne A. Sitarski

INFO

Must include: witness order flexibility

Witnesses may be examined out of sequence in appropriate circumstances.

Judge Sitarski will permit witnesses to be taken out of turn in appropriate circumstances.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Trial brief
Must include: legal argument

Trial briefs encouraged when necessary or helpful.

Judge Sitarski encourages the submission of trial briefs when they are necessary or likely to be helpful to the Court.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Confidentiality agreement

Confidentiality agreements permitted subject to Pansy v. Borough of Stroudsburg requirements

Judge Sitarski will permit confidentiality agreements, subject to the requirements of Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994).

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Settlement conference submission
Must include: confidentiality

Settlement conference submissions are confidential and for Court only.

These submissions are confidential and shall be submitted to the Court only.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Motion
Must include: judge name, proposed order

Oral argument scheduled at court's discretion, may be requested

Judge Sitarski will schedule oral argument on motions if it appears likely to be helpful to the Court’s resolution of the matter. Counsel may request oral argument if counsel considers argument appropriate, but the Court will determine whether oral arguments will be heard.

Magistrate Judge Lynne A. Sitarski

INFO

Must include: witness order flexibility

Witnesses may be examined out of sequence in appropriate circumstances.

Judge Sitarski will permit witnesses to be taken out of turn in appropriate circumstances.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Trial brief
Must include: legal argument

Trial briefs encouraged when necessary or helpful.

Judge Sitarski encourages the submission of trial briefs when they are necessary or likely to be helpful to the Court.

Magistrate Judge Lynne A. Sitarski

INFO

Applies to: Sentencing memorandum
Must include: from both counsel

Sentencing memoranda permitted from both counsel when pretrial sentencing report is used.

Judge Carlos permits the submission of sentencing memoranda by both counsel.

Magistrate Judge Pamela A. Carlos

INFO

Must include: jury discharged, verdict recorded, clear notice to jurors

Juror interviews permitted only after verdict, discharge, and clear notice of no obligation.

Judge Carlos will permit counsel to interview jurors, but only after the verdict has been recorded, the jury has been discharged, and they have been told in clear terms that they have no obligation to speak with counsel.

Magistrate Judge Pamela A. Carlos

INFO

Must include: post conference follow up

Judge may continue settlement discussions after conference if matter unresolved.

Judge Carlos will, if appropriate, continue to work with counsel after the settlement conference if the matter is not resolved at the conference.

Magistrate Judge Pamela A. Carlos

INFO

Must include: post conference follow up

Judge may continue settlement discussions after conference if matter unresolved.

Judge Carlos will, if appropriate, continue to work with counsel after the settlement conference if the matter is not resolved at the conference.

Magistrate Judge Pamela A. Carlos

INFO

Applies to: General

Counsel are expected to be mindful of the mandate of Federal Rule of Civil Procedure 1 that the procedural rules “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Magistrate Judge Scott W. Reid

INFO

Applies to: Trial brief

Trial briefs are encouraged when necessary or helpful.

Judge Reid encourages the submission of trial briefs when they are necessary or likely to be helpful to the Court.

Magistrate Judge Scott W. Reid

INFO

Applies to: Jury procedure

Read back/replay requests handled case by case.

Judge Reid will make a determination on a case by case basis when requests are made to read back testimony or replay tapes.

Magistrate Judge Scott W. Reid

INFO

Applies to: Exhibits

Exhibit selection for jury room determined case by case.

Judge Reid will consider what exhibits should be sent out to the jury during their deliberations on a case by case basis.

Magistrate Judge Scott W. Reid

INFO

Applies to: Verdict form
Must include: less than unanimous verdict option

Judge encourages agreement on less than unanimous verdict.

Judge Reid will encourage counsel to agree upon a less than unanimous verdict.

Magistrate Judge Scott W. Reid

INFO

Applies to: Witness examination

Witnesses may be examined out of sequence in appropriate circumstances.

Judge Reid will permit witnesses to be taken out of turn in appropriate circumstances.

Magistrate Judge Scott W. Reid

INFOCivil cases

Applies to: Witness examination

Further examination of witness permitted after redirect/recross upon request.

Upon request, Judge Brody may permit further examination of a witness after redirect or recross has been completed.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Closing argument

Judge Brody expects counsel to refrain from objecting during closing argument if the objection can wait until counsel has finished.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Witness scheduling

Judge will accommodate counsel on witness scheduling.

Judge Brody makes every effort to accommodate counsel regarding the scheduling of witnesses.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Exhibit

Exhibits may be moved into evidence at close of case unless otherwise necessary.

Unless otherwise necessary, counsel may wait until the close of his or her case to move for the admission of exhibits.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Trial procedure

No policy on reading stipulations/pleadings/discovery into record; counsel preference considered.

Judge Brody has no overall practice or policy on reading stipulations, pleadings, or discovery materials into the record and will consider the preference of counsel.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Directed verdict

Directed verdict motions may be oral or written; oral argument usually conducted.

Counsel may move for a directed verdict either orally or in writing. Judge Brody usually conducts oral argument on such a motion.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Trial procedure

Side bar conferences permitted for unanticipated trial matters.

Judge Brody permits side bar conferences during trial to address matters that were unanticipated prior to trial.

Senior Judge Anita B. Brody

INFOCivil cases

Note-taking by jurors permitted on case-by-case basis considering counsel or juror requests.

Judge Brody decides whether note-taking will be permitted on a case by case basis, taking into consideration requests from counsel or from the jurors.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Opening statements

No time limits on opening statements or summations; lectern use not required.

Generally, Judge Brody will not impose time limits on opening statements or summations and does not require use of the lectern.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Trial procedure

Side bar conferences permitted for unanticipated trial matters.

Judge Brody permits side bar conferences during trial to address matters that were unanticipated prior to trial.

Senior Judge Anita B. Brody

INFOCivil cases

Note-taking by jurors permitted on case-by-case basis considering counsel or juror requests.

Judge Brody decides whether note-taking will be permitted on a case by case basis, taking into consideration requests from counsel or from the jurors.

Senior Judge Anita B. Brody

INFOCivil cases

Applies to: Opening statements

No time limits on opening statements or summations; lectern use not required.

Generally, Judge Brody will not impose time limits on opening statements or summations and does not require use of the lectern.

Senior Judge Anita B. Brody

INFO

Applies to: Civil case

ADR processes may include mediation, settlement conferences, and other processes designated by the assigned judge.

ADR processes may include mediation and settlement conferences and such other ADR processes as the judge to whom the case is assigned (the “assigned judge”) may designate.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Civil case

All ADR processes are confidential unless waived by all participants or ordered by the assigned judge for good cause.

All ADR processes subject to this Rule shall be confidential, and disclosure by any person of confidential dispute resolution communications is prohibited unless confidentiality has been waived by all participants in the ADR process, or disclosure is ordered by the assigned judge for good cause shown.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Civil case

Assigned judge retains authority to conduct settlement conferences, order ADR participation, and approve/disapprove ADR processes.

Nothing in the Rule shall be construed to limit the assigned judge from (a) conducting settlement conferences or referring a matter to a magistrate judge for a settlement conference, or (b) ordering the litigants to participate in an ADR process, or (c) approving or disapproving of an ADR process selected by the litigants.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Civil case

Rule implements ADR Act of 1998, demonstrates commitment to non-binding ADR, and exempts certain civil actions from ADR.

The Rule is intended to implement the provisions of the Alternative Dispute Resolution Act of 1998 and to demonstrate the long-standing commitment of the court and its bar to non-binding alternative dispute resolution, without, however, limiting the authority and discretion of the assigned judge. Certain civil actions are exempted from the Rule as cases not appropriate for ADR process pursuant to the Alternative Dispute Resolution Act of 1998.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Civil case

ADR Committee administers the court's ADR program and recruits, screens, and trains attorney neutrals.

The Alternative Dispute Resolution (“ADR”) Committee of the court shall administer, oversee, and evaluate the court’s ADR program in accordance with the Alternative Dispute Resolution Act of 1998. The Clerk of Court, or such other person as may be designated from time to time by the Chief Judge, shall serve as the ADR coordinator. Under the direction of the ADR committee, the coordinator shall administer a program for recruitment, screening and training of attorneys to serve as neutrals.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Civil case

Court may adopt guidelines and policies for ADR program administration, maintained on file with the Clerk.

The Rule is intended to be flexible so as to permit the court to adopt, from time to time, guidelines and policies for the administration of the ADR program. The procedures promulgated by the court for the implementation of the ADR program shall be maintained on file in the office of the Clerk.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Civil case

Civil litigants must consider ADR processes, except for social security appeals, pro se prisoner civil rights actions, and habeas corpus petitions.

Litigants in all civil actions, exempting only social security appeals, pro se prisoner civil rights actions, and petitions for habeas corpus, shall be required to consider the use of an alternative dispute resolution process (the “ADR process”) at an appropriate stage in the litigation.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Civil case

Local Civil Rule 53.2 (arbitration) remains in effect; Local Civil Rule 53.2.1 (compulsory mediation) is repealed.

Nothing in the Rule shall be construed to amend or modify the provisions of Local Civil Rule 53.2 (compulsory and voluntary arbitration with right of trial de novo). Local Civil Rule 53.2.1 (compulsory mediation) is repealed by separate order.

Senior Judge Cynthia M. Rufe

INFO

Applies to: Settlement negotiation

Settlement negotiations are rarely referred to another district court judge.

Judge Bartle rarely refers settlement negotiations to another district court judge.

Senior Judge Harvey Bartle III

INFO

Applies to: Sentencing memorandum
Must include: judge name, legal argument

Sentencing memoranda encouraged from both government and defendant.

Judge Bartle encourages the submission of sentencing memoranda by both the government and the defendant.

Senior Judge Harvey Bartle III

INFO

Applies to: Exhibits
Must include: admitted exhibits to jury room

Admitted exhibits (except weapons/drugs) go to jury room.

Judge Bartle's general rule is that (except for weapons and drugs) if an exhibit is admitted into evidence, it goes into the jury room.

Senior Judge Harvey Bartle III

INFOCriminal cases

Applies to: Voir dire
Must include: judge conducts voir dire

Judge conducts voir dire; counsel may submit proposed questions.

Judge Slomsky conducts voir dire in criminal cases. Counsel may submit proposed voir dire questions.

Senior Judge Joel H. Slomsky

INFO

Applies to: Jury instructions
Must include: judge name

Written jury instructions generally not given but may be provided in appropriate cases.

Judge Padova generally does not give the jury written instructions, but may do so in appropriate cases.

Senior Judge John R. Padova

INFO

Applies to: Exhibit
Must include: judge name

All trial exhibits generally permitted in jury room unless well-founded objection.

Upon request, Judge Padova generally permits all trial exhibits to go out to the jury unless a well-founded objection is asserted.

Senior Judge John R. Padova

INFO

Applies to: Motion
Must include: response

Motions considered ripe when response is filed.

Judge Padova considers motions “ripe” when a response has been filed.

Senior Judge John R. Padova

INFO

Applies to: Motion
Must include: response

Motions considered ripe when response is filed.

Judge Padova considers motions “ripe” when a response has been filed.

Senior Judge John R. Padova

INFOCriminal cases

Applies to: Supplemental proposed findings
Must include: leave required

Parties may request to supplement proposed findings after hearing.

The parties may request leave to supplement proposed findings of fact after the hearing.

Senior Judge Timothy J. Savage

INFOCriminal cases

Applies to: Trial memorandum
Must include: optional for defendant

Defendant may file trial memorandum but not required.

The defendant is not required to file a trial memorandum but may do so.

Senior Judge Timothy J. Savage

INFO

Applies to: Jury instructions

Submitting a proposed instruction does not waive objection to it.

Submitting a proposed point does not constitute a waiver of objection. Counsel are instructed to work on proposed instructions regardless of counsel=s position with respect to a point=s applicability.

Senior Judge Timothy J. Savage

INFOCivil cases

Applies to: Motion

A party desiring oral argument may request it in the body of the motion or responsive pleading.

Oral argument is not routinely scheduled. A party desiring oral argument may request it in the body of the motion or responsive pleading.

Senior Judge Timothy J. Savage

INFO

Applies to: Jury instructions

Submitting a proposed instruction does not waive objection to it.

Submitting a proposed point does not constitute a waiver of objection. Counsel are instructed to work on proposed instructions regardless of counsel=s position with respect to a point=s applicability.

Senior Judge Timothy J. Savage

INFOCivil cases

Applies to: Motion

A party desiring oral argument may request it in the body of the motion or responsive pleading.

Oral argument is not routinely scheduled. A party desiring oral argument may request it in the body of the motion or responsive pleading.

Senior Judge Timothy J. Savage

INFOCriminal cases

Applies to: Trial memorandum
Must include: optional for defendant

Defendant may file trial memorandum but not required.

The defendant is not required to file a trial memorandum but may do so.

Senior Judge Timothy J. Savage

INFOCivil cases

Applies to: Discovery plan

Parties may limit electronic search scope to minimize expense.

To minimize the expense, the parties may consider limiting the scope of the electronic search (e.g., time frames, fields, document types).

Senior Judge Timothy J. Savage

CRITICAL

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.

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.

Judge Catherine Henry

CRITICAL

Applies to: Motion

Continuance motions for trial dates must include a first trial listing.

Any motion for a continuance of a trial date must be accompanied with a first trial listing.

Judge Joshua D. Wolson

CRITICAL

Applies to: Motion

Continuance motions for trial dates must include a first trial listing.

Any motion for a continuance of a trial date must be accompanied with a first trial listing.

Judge Joshua D. Wolson

CRITICAL

Applies to: Filing

Attorneys and pro se parties using generative AI to prepare specified filings must disclose AI use, identify AI-used portions, and certify citation accuracy under Rule 11.

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 Arteaga shall: (1) disclose that generative artificial intelligence was used to prepare the filing; (2) identify precisely what portion or portions of the 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.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Filing

Attorneys and pro se parties using generative AI to prepare specified filings must disclose AI use, identify AI-used portions, and certify citation accuracy under Rule 11.

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 Arteaga shall: (1) disclose that generative artificial intelligence was used to prepare the filing; (2) identify precisely what portion or portions of the 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.

Magistrate Judge José R. Arteaga

CRITICAL

Applies to: Stipulation

Stipulations must be sent to Judge's chambers for review, not to Clerk.

Stipulations should be sent to Judge Bartle's chambers for review and not to the Clerk. Judge Bartle requires that all stipulations be submitted to him for review and the Clerk mails copies to counsel.

Senior Judge Harvey Bartle III

CRITICALCriminal cases

Applies to: Jury instructions

Parties must submit numbered jury instructions and interrogatories 7 days before trial, with citations and formatting for modifications.

Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories no later than seven days prior to the trial date. Each point for charge and proposed jury interrogatory shall be numbered proposed instruction must be submitted with authority. If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets.

Senior Judge Joel H. Slomsky

Eastern District of Pennsylvania Document Filing Requirements

What must be included with proposed jury instructions filings in Eastern District of Pennsylvania?

What must be included with trial exhibits filings in Eastern District of Pennsylvania?

What must be included with disclosure statement filings in Eastern District of Pennsylvania?

What must be included with motion filings in Eastern District of Pennsylvania?

What must be included with voir dire filings in Eastern District of Pennsylvania?

What must be included with ecf filing filings in Eastern District of Pennsylvania?

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