Eastern District of Pennsylvania Document Filing Requirements

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.

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.

Deadline

24 hours

Applies to

Proposed findings conclusions

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

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

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.

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.

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.

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.

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.

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.

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.

Applies to

Discovery

Must include

notice of electronic filing

Discovery must commence upon receipt of Rule 16 conference notice.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Sentencing memorandum

Sentencing memoranda due 5 days before sentencing hearing.

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

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.

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.

Applies to

Rule 26f meeting

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

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

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).

Applies to

Threshold motion

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

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.

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;

Applies to

Discovery motion

Must include

proposed order

Proposed order required with discovery motion.

A proposed order;

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.

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.

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.

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.

Applies to

Continuance motion

Must include

proposed order, speedy trial act compliance

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

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

Applies to

Guilty plea memorandum

Must include

judge name, case number, certificate of service +1 more

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.

Applies to

Trial memorandum

Must include

judge name, case number, certificate of service +1 more

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.

Applies to

Sentencing motion

Must include

judge name, case number, certificate of service +1 more

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.

Applies to

Sentencing memorandum

Must include

judge name, case number, certificate of service +1 more

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.

Applies to

Pre sentence investigation report

Must include

judge name, case number, certificate of service +1 more

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.

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.

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.

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

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."

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.

Applies to

Pretrial memorandum

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.

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

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.

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.

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.

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.

Applies to

Discovery conference

Must include

certificate of conference

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

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

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.

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.

Applies to

E discovery

Must include

certificate of conference

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.

Applies to

E discovery

Must include

certificate of conference

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.

Applies to

E discovery

Must include

certificate of conference

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

Applies to

Rule 56 motion

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

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

Applies to

Attorney admission application pro hac vice

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

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.

Applies to

Rule 26 f report

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

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

Applies to

Motion

Must include

certificate of conference

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

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.

Applies to

Rule 56 motion

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

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

Applies to

Rule 56 filing

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

Applies to

Protective order

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

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.”

Applies to

Proposed findings conclusions

Must include

proposed findings conclusions

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

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

Applies to

Joint report

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

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

Applies to

Proposed jury instructions

Must include

proposed verdict forms

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

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

Applies to

Proposed jury instructions

Must include

standard instruction citation

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

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

Applies to

Proposed jury instructions

Must include

non standard instruction citation

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

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

Applies to

Proposed jury instructions

Must include

modification tracking

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

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

Applies to

Proposed findings of fact

Must include

proposed conclusions of law

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

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

Applies to

Proposed verdict slips

Must include

points for charge

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

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

Applies to

Revised findings of fact

Must include

specific trial evidence reference

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

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

Applies to

Sentencing memorandum

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

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

Applies to

Evidentiary proceeding notice

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

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

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.

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.

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.

Applies to

Exhibit

Must include

caption, 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).

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”).

Applies to

Joint statement of undisputed facts

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

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.

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.

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.

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.

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.

Applies to

Answer

Must include

certificate of service

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.

Applies to

Dispositive motion

Must include

certificate of service

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).

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.

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.

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).

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.

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.

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.

Applies to

Pretrial conference memorandum

Must include

judge name, case number

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:

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.

Applies to

Settlement memorandum

A confidential Settlement Memorandum must be emailed to chambers at least five days before the Settlement Conference and must not be docketed or shared with opposing counsel.

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.

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.

Applies to

Motion

Must include

caption

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.

Applies to

Protective order

Protective and confidentiality orders will not be approved unless they include language reserving the Court's inherent power to modify the agreement and permit disclosure where the interests of justice require.

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.”

Applies to

Exhibit

Each exhibit filed on ECF must be a separately numbered attachment to the main document and clearly titled with an objective description of its contents.

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.

Applies to

Filing

All filings must separately include an index identifying each exhibit with the required descriptive information, 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).

Applies to

Summary judgment motion

For summary judgment motions, parties may not file a separate Statement of Undisputed Facts or Statement of Facts (except a formal stipulation of agreed facts); all factual references must be in the memorandum and cite the record, or the motion may be denied or 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.

Applies to

Jury instructions

Must include

proposed verdict form, unified proposed instructions

Unified proposed jury instructions and verdict form required.

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

Applies to

Pro hac vice motion

Must include

fee

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

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

Applies to

Exhibit

Must include

caption

Exhibits must be separately numbered attachments with clear objective titles.

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

Applies to

Brief

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

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

Applies to

Motion

Must include

exhibit list

Motions and responses must include an exhibit index.

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

Applies to

Summary judgment motion

Summary judgment motions must cite specific record references.

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.

Applies to

Arbitration case

All discovery must be completed before arbitration hearing.

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

Applies to

Final pretrial proceedings

Must include

stipulations of counsel

All stipulations of counsel required for final pretrial.

a) All stipulations of counsel.

Applies to

Final pretrial proceedings

Must include

objections to admissibility

Objections to evidence admissibility required with particularity.

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

Applies to

Trial proceedings

Must include

deposition testimony citations

Deposition testimony citations required for trial.

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

Applies to

Jury instructions

Jury instructions must be tailored and include accurate citations.

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

Applies to

Joint exhibit book

Must include

exhibit list

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

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

Applies to

Exhibit

Must include

admitted into evidence

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

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

Applies to

Directed verdict motion

Must include

in writing

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

Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials must be in writing. Oral argument on these motions is ordinarily permitted.

Applies to

Proposed findings conclusions

Must include

proposed findings conclusions

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

In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order. The parties may submit revised or supplemental findings of fact and conclusions of law with specific reference to trial evidence at the conclusion of the case. A schedule for the submission of revised findings of fact and conclusions of law will be discussed at the conclusion of trial.

Applies to

Deposition

Must include

oral or videotaped

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

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

Applies to

Lay opinion testimony

Must include

notice to opposing parties

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

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

Applies to

Joint status report

Must include

judge name, case number

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.

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.

Applies to

Arbitration

All discovery must be completed before arbitration hearing.

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

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.

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.

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.

Applies to

Jury instructions

Must include

proposed order

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.

Applies to

Jury instructions

Proposed jury instructions must be emailed to chambers.

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

Applies to

Jury instructions

Must include

page references, accurate quoting

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

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

Applies to

Proposed findings conclusions

Must include

proposed order

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

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.

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.

Applies to

Voir dire questions

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

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

Applies to

E discovery

Must include

e discovery liaison

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

No later than , to promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison").

Applies to

Joint status report

Must include

chambers copy

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

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

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.

Applies to

Proposed findings conclusions

Must include

proposed order

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.

Applies to

Motion

Must include

caption, judge name, case number

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.

Applies to

Jury instructions

Must include

judge name

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

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.

Applies to

Proposed findings conclusions

Must include

judge name

Proposed findings of fact and conclusions of law in non-jury cases must be emailed to chambers at least seven days before trial.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Discovery motion

Must include

local rule certificate

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

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

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.

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.

Applies to

Jury instructions

Must include

proposed order

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

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:

Applies to

Jury instructions

Must include

caption, judge name, case number

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.

Applies to

Jury instructions

Must include

caption, judge name, case number

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.

Applies to

Jury instructions

Must include

caption, judge name, case number

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.

Applies to

Jury instructions

Must include

caption, judge name, case number

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).

Applies to

Pretrial order

Must include

caption, judge name, case number

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.

Applies to

Dismissal request

Must include

caption, judge name, case number

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.

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.

Applies to

Pro hac vice motion

Must include

caption, judge name, case number

Submit written motion for pro hac vice admission.

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

Applies to

Pro hac vice motion

Must include

caption, judge name, case number

Pro hac vice motions without fee will be denied.

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

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.

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).

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.

Applies to

Initial pretrial conference

Must include

address all rule 16 topics, address settlement proposals

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

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.

Applies to

Lead counsel

Must include

attend rule 16, participate rule 26

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

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

Applies to

Lead counsel

Must include

attend all court proceedings

Lead counsel must attend all court proceedings.

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

Applies to

Final pretrial conference

Final Pretrial Conference within 10 days of trial.

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

Applies to

Pretrial memorandum

Must include

comply with local rule 16 1

Pretrial memorandum must comply with Local Rule 16.1.

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

Applies to

Pretrial memorandum

Pretrial memoranda due 10 days before Pretrial Conference.

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

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.

Applies to

Reply

Must include

leave of court

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

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

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.

Applies to

Opposition to summary judgment

Must include

statement of disputed facts

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

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

Applies to

Opposition to summary judgment

Must include

statement of additional facts

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

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

Applies to

Motion for summary judgment

Must include

statement of undisputed facts

Undisputed facts deemed admitted unless controverted.

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

Applies to

Opposition to summary judgment

Must include

statement of disputed facts

Facts disputed without evidence are deemed admitted.

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

Applies to

Motion for summary judgment

Must include

statement of undisputed facts

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

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

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.

Applies to

Opposition to summary judgment

Must include

supplemental appendix

Respondent must file supplemental appendix with additional evidence.

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

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.

Applies to

Dispositive motion

Must include

follow procedures

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

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

Applies to

Discovery dispute letter

Must include

filed on ecf

Discovery dispute letters must be filed on ECF.

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

Applies to

Discovery motion

Must include

certificate of conference

Discovery motion certificate must detail verbal efforts to resolve dispute.

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

Applies to

Discovery motion

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

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

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions lacking required informal resolution details will be denied.

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

Applies to

Discovery motion

Must include

local rule certificate

All 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).

Applies to

Privilege log

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

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

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.

Applies to

Pretrial memorandum

Must include

caption, judge name, case number

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

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

Applies to

Pretrial memorandum

Must include

caption, judge name, case number

Pretrial memoranda must include all stipulations of counsel.

1. All stipulations of counsel.

Applies to

Pretrial memorandum

Must include

caption, judge name, case number

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.

Applies to

Pretrial memorandum

Must include

caption, judge name, case number

Pretrial memoranda must identify deposition testimony with citations.

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

Applies to

Pretrial memorandum

Must include

caption, judge name, case number

Pretrial memoranda must include anticipated legal issues and best authority.

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

Applies to

Proposed findings conclusions

Must include

judge name, case number

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

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

Applies to

Voir dire questions

Must include

certificate of service

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

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

Applies to

Exhibit binder

Must include

joint exhibit binder

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

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

Applies to

Exhibit

Must include

admissibility agreement

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

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

Applies to

Deposition

Must include

oral deposition, videotaped deposition

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

Deadline

7 calendar days

Applies to

Voir dire questions

Must include

proposed voir dire questions

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

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

Deadline

7 calendar days

Applies to

Pre trial memorandum

Must include

legal issues, witness identities, facts to be presented +2 more

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

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.

Applies to

Jury instructions verdict forms

Must include

joint proposed set

Joint proposed jury instructions and verdict forms required.

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

Applies to

Jury instructions verdict forms

Must include

agreed instructions indicated, contested instructions indicated

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

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

Applies to

Jury instructions verdict forms

Must include

disputed instruction statements

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

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.

Applies to

Guilty plea memorandum

Must include

judge name, case number, legal citations +4 more

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

The Government must submit a guilty plea memorandum at least seven days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement, and the factual basis for the plea.

Applies to

Sentencing motion

Must include

caption, judge name, case number

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

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

Applies to

Sentencing memorandum

Must include

caption, judge name, case number

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.

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.

Applies to

Reply brief, sur reply brief

Replies and sur-replies should only be filed when necessary, must be concise, address only new issues raised by opposing counsel, and should not rehash previous arguments.

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.

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.

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.

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.

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;

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;

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Guilty plea memorandum

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

The memorandum shall include the elements of

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.

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.

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.

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.

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.

Applies to

Stipulation

Stipulations are not effective until approved by the Court

Stipulations are not effective until approved by the Court.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Summary judgment opposition

Must include

deposition transcripts

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

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

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.

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.

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.

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

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.

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.

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).

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.

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.

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.

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).

Applies to

Guilty plea agreement

Guilty plea agreement must advise defendant of punishments and appellate rights

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

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.

Applies to

Exhibit

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.

Applies to

Exhibit

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

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

Applies to

Exhibit

Unclaimed exhibits will be destroyed after 72 hours.

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

Applies to

Proposed findings of fact and conclusions of law

Must include

judge name, case number

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Motion

Must include

entire deposition transcript

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

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

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.

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.

Applies to

Points for charge

Must include

joint submission

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

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.

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.

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.

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.

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.

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.

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.

Applies to

Guilty plea documents

Must include

plea memorandum, filing on docket, guilty plea agreement +1 more

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

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Guilty plea memorandum

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

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.

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.

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.

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.

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.

Applies to

Discovery disclosure

Parties must disclose electronic search restrictions within 30 days.

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

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.

Applies to

Discovery plan

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

Discovery of electronic documents shall proceed in the following sequenced fashion: a. After receiving requests for document production, the parties shall search their documents, other than those identified as limited accessibility electronic documents, and produce responsive electronic documents in accordance with Rule 26(b)(2) of the Federal Rules of Civil Procedure; b. Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed;

Applies to

Limited accessibility request

Limited accessibility document searches require narrow focus and factual basis.

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

Applies to

Inspection request

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

On-site inspections of electronic media under Rule 34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated.

Applies to

Native format request

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

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

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.

Applies to

Retention coordinator responsibilities

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

The retention coordinators shall: a. Take steps to ensure that e-mail of identified custodians shall not be permanently deleted in the ordinary course of business and that electronic documents

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.

Applies to

All filings

Must include

ai disclosure

Any attorney or pro se party using AI in preparing a filing must disclose that use and certify that all citations to law or the record have been verified as accurate.

If any attorney for a party, or a pro se party, has used Artificial Intelligence (“AI”) in the preparation of any complaint, answer, motion, brief, or other paper, filed with the Court, and assigned to Judge Kai N. Scott, MUST, in a clear and plain factual statement, disclose that AI has been used in any way in the preparation of the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been verified as accurate.

Applies to

Pro hac vice motion

Local counsel must file a pro hac vice motion specifying the attorney's admissions, the reason for their participation, and their qualifications.

Local counsel must file a motion for pro hac vice admission of another attorney. 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.

Applies to

Discovery motion

Must include

proposed order, certificate of conference

Discovery dispute motions must include a LR 26.1(f) certification, a proposed order, and a brief of up to 5 pages.

If an unresolvable discovery dispute arises, the aggrieved party must file the following: • 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 Scott to resolve the matter; • A proposed order; and • A brief of up to five (5) pages that (1) outlines the efforts the parties have made to resolve the dispute and (2) cites any applicable legal authority.

Applies to

Motion

Must include

proposed order

Continuance motions must include a proposed order.

Continuance requests for motions and discovery deadlines, hearings, and trial must be filed in the form of a motion and must include a proposed order. Joint continuance requests must be filed as an unopposed motion.

Applies to

Motion

A Rule 56 motion must include a separate statement of material facts with each fact in a numbered paragraph and pinpoint citations to exhibit, page, and line.

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.

Applies to

Response

The nonmoving party must respond to each numbered Rule 56 fact by admitting, disputing with citations, or explaining immateriality, and may add additional facts.

Unless the parties file joint stipulated material facts, the nonmoving party must respond to each numbered material fact by either (1) stating that the fact is undisputed, (2) explaining exactly how it is disputed and providing appropriate citations, or (3) explaining why the fact is immaterial to resolution of any claim with appropriate citations. The nonmoving party may also provide additional undisputed material facts; the movant may respond to these facts in kind in a document separate from any reply brief.

Applies to

Appendix

Parties filing separate appendices must submit documents in full context and cite to the moving party's appendix.

the parties may file separate appendices, with the following restrictions: (1) the moving party must submit documents in their full relevant context rather than excerpts of documents, and (2) the responding party must cite to the moving party's appendix wherever possible and is encouraged to mark exhibits as a continuation of the moving party's appendix pages or exhibit numbers.

Applies to

Amended pleading

Amended pleadings must clearly indicate changes through comments, track changes, or both.

Amended pleadings must clearly indicate the additions or corrections made through comments, track changes, or both (the party may file both a clean copy and a copy with track changes).

Applies to

Pretrial memorandum

Pretrial memoranda must include specific content including witnesses, expert reports, motions in limine, depositions, 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. All expert witnesses' reports and CVs, if not previously submitted. 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.

Applies to

Jury instructions

Joint jury instructions must use the form template from the Judge's website; Voir Dire will not be accepted otherwise.

Counsel are directed to confer with each other and submit joint jury instructions using the form template provided on the Judge's website located at https://www.paed.uscourts.gov/judges-info/district-court-judges/kai-n-scott. Voir Dire will not be accepted if it is not on the form provided.

Applies to

Motion

Must include

proposed order

Continuance motions must include a signed speedy trial waiver form, a proposed order, and a proposed finding on the ends of justice.

Any such motion must be accompanied by a speedy trial waiver consent form (found on Judge Scott's Court website) signed by the defendant(s) and defendant(s) attorney(s), together with proposed form order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed finding explaining in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.

Applies to

Plea agreement

Guilty plea documents (memorandum, agreement, acknowledgement of rights, sealed supplemental) must be completed and provided to the judge at least 3 business days before the plea hearing.

Before a defendant offers a guilty plea, counsel for the Government must complete the guilty plea memorandum, guilty plea agreement, acknowledgement of rights, and a sealed supplemental, and counsel for the defendant must review those documents with the defendant. Counsel must also provide copies of those documents to Judge Scott at least three (3) business days prior to the plea hearing.

Applies to

Plea agreement

The guilty plea agreement must state the plea type, disclose the Rule 11(c)(1) subsection, and inform the defendant of no right to withdraw under Rule 11(c)(3)(B).

The guilty plea agreement 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 Judge Scott whether the plea is entered under Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C), relating to the obligation of the United States 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 Judge Scott, under Rule 11(c)(3)(B), the defendant has no right to withdraw the plea if Judge Scott does not follow the recommendation or request if the plea is entered under Rule 11(c)(1)(B).

Applies to

Plea memorandum

The guilty plea memorandum must include elements, citations, penalties, agreement terms, and factual basis, and be submitted 3 business days before the change of plea hearing.

The United States must submit a guilty plea memorandum at least three (3) business 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.

Applies to

Presentence report

Objections to the Presentence Investigation Report must be sent to the probation officer in advance of sentencing, not first raised in a sentencing memorandum.

To avoid delay in sentencing, all objections to the Presentence Investigation Report 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.

Applies to

Sentencing memorandum

Must include

restitution information

Sentencing memoranda must include restitution information: victim names/addresses, loss amounts, and documentary support; joint and several liability must be itemized per defendant.

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

Applies to

Jury instructions

Must include

joint submission

Parties must jointly prepare and submit proposed voir dire, verdict forms, and jury instructions.

The parties shall jointly prepare and submit proposed voir, verdict forms, and jury instructions no later than seven (7) business days before the final pretrial conference.

Applies to

Jury instructions

Must include

legal authority

Proposed jury instructions must include legal authority; model instructions must be submitted with modifications clearly identified in bold and footnotes.

All proposed jury instructions must include appropriate legal authority. When a model jury instruction is used, counsel shall submit a copy of the model instruction along with the proposed instruction. Any modifications to the model instruction must be clearly identified, using bold font and footnotes as appropriate.

Applies to

Memorandum of law

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

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

Applies to

General

Pro se litigants must disclose attorney assistance in filings.

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

Applies to

General

Failure to disclose attorney assistance constitutes false representation.

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

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.

Applies to

Temporary restraining order

Must include

certificate of service

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

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

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.

Applies to

Proposed order

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

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

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.

Applies to

Discovery motion

Must include

certificate of conference

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

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

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).

Applies to

Pretrial memoranda

Must include

witness testimony description

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

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

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.

Applies to

Trial brief

Must include

legal issues

Trial briefs on legal issues due 7 days before trial.

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

Applies to

Exhibit

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

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

Applies to

Directed verdict motion

Must include

in writing

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

Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials must be in writing. Oral argument in these motions will ordinarily be permitted.

Applies to

Proposed findings conclusions

Must include

proposed findings of fact, proposed conclusions of law

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

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

Applies to

Deposition

Must include

oral or videotaped deposition

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

If a witness is unavailable at the time of trial, as defined in Fed. R. Civ. P. 32(a)(4), the Court expects an oral or videotaped deposition to be used at trial for that witness, whether the witness is a party, a non-party or an expert. The unavailability of such witness will not be a ground to delay the commencement or progress of trial.

Applies to

E discovery liaison designation

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

No later than , to promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison").

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

Applies to

E discovery information exchange

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

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.

Applies to

Statement of compliance

Must include

certificate section

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

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.

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.

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

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.

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.

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

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).

Applies to

Motion

All grounds for relief must be set forth in a single comprehensive motion, not separate motions per count.

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.

Applies to

Proposed jury instructions

Must include

certificate of service

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.

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.

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.

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."

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:

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.

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).

Applies to

Rule 26f report

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

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

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).

Applies to

Rule 26f report

Must include

local rule certificate

Parties must disclose need for FRE 502 order.

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

Applies to

Rule 26f report

Must include

local rule certificate

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

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

Applies to

Rule 26f report

Must include

local rule certificate

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

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

Applies to

Rule 26f report

Must include

local rule certificate

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

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

Applies to

Rule 26f report

Must include

local rule certificate

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.

Applies to

Rule 26f report

Must include

local rule certificate

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

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.

Applies to

Rule 26f report

Must include

local rule certificate

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.

Applies to

All documents

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

Applies to

Motion to amend

Must include

proposed amended pleading

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

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

Applies to

Pro hac vice motion

Must include

certificate of service, local rule certificate

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

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

Applies to

All filings

Must include

signature blocks

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

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

Applies to

Amended pleading

Must include

blacklined or highlighted exhibit

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

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

Applies to

Proposed findings conclusions

Must include

may be required in non jury cases

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

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

Deadline

14 calendar days

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.

Applies to

Motion

Must include

proposed order, attached memorandum, comprehensive motion

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

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

Applies to

Opposition motion

Must include

docket number, proposed order, motion reference +1 more

Opposition motions must include proposed order with specific references.

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

Applies to

Motion

Must include

meaningful description of opposition

Motions without stipulation must describe all parties' positions.

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

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.

Applies to

Opening statement

Must include

one attorney per side

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

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

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.

Applies to

Videotaped testimony

Must include

editing after objections ruled

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

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

Applies to

Admitted exhibits

Must include

electronic copy to chambers

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

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

Applies to

Jury instructions

Must include

proposed instructions, proposed verdict forms

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

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

Applies to

Jury instructions

Must include

email to chambers, microsoft word format

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

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

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.

Applies to

Continuance motion

Must include

certificate of conference

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.

Applies to

Continuance order

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)(8), and must include a proposed finding explaining in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.

Applies to

Pretrial motion

Must include

certificate of conference

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

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

Applies to

Pretrial motion

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

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

Applies to

Guilty plea memorandum

Must include

judge name, case number, legal argument +1 more

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.

Applies to

Sentencing motion

Must include

legal argument

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.

Applies to

Sentencing memorandum

Must include

legal argument

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

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

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.

Applies to

Motion

Must include

ai disclosure

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

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

Applies to

Motion

Must include

proposed order, attached memorandum

All motions must include a proposed order and attached memorandum.

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

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.

Applies to

TRO motion

Must include

notice of hearing, service on respondent

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

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

Applies to

Trial exhibits

Must include

exhibit list

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

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

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.

Applies to

Trial procedure

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

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

Applies to

Lay witness testimony

Lay opinion testimony under FRE 701 requires disclosure of supporting information/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.

Applies to

Guilty plea memorandum

Must include

factual basis, elements of offense, plea agreement terms +1 more

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

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

Applies to

Sentencing memorandum

Must include

service on probation office

Sentencing memoranda and motions due 7 days before sentencing hearing

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

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.

Applies to

Pro hac vice motion

Must include

local rule certificate

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:

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.

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.

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.

Applies to

Voir dire

Must include

joint voir dire questions, joint neutral statement of facts

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

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.

Applies to

Sentencing memorandum

Must include

judge name, case number, certificate of service

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.

Applies to

Complaint

Must include

certificate of service

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Pretrial memorandum

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

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

Applies to

Pretrial submission

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

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

Applies to

Pretrial submission

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

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