Eastern District of Pennsylvania Filing Timing and Cure Windows

Deadline

3 business days

Applies to

Rule 26 f report

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

Deadline

2 calendar days

Responses to motions must be filed at least two days before scheduled hearing, or per FRCP unless otherwise ordered.

Responses to motions should be filed in accordance with the Federal Rules of Civil Procedure unless otherwise ordered and, if a hearing is scheduled, at least two days before a hearing unless otherwise directed.

Deadline

14 calendar days

Responses to motions to compel or quash subpoenas must be filed within 14 days unless the court orders otherwise.

Responses to motions to compel and motions to quash subpoenas shall be filed within fourteen days unless otherwise ordered.

Deadline

7 calendar days

Parties must file a Joint Report one week prior to Daubert hearing.

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.

Deadline

14 calendar days

Criminal jury trial pretrial documents must be filed at least 14 days before jury selection.

Counsel must file their pretrial memoranda and witness lists, as well as proposed voir dire questions, jury instructions, and verdict forms at least fourteen (14) days prior to the date of jury selection unless otherwise ordered.

Deadline

0 calendar days

Plea memoranda, guilty plea agreements, and motions must be submitted prior to guilty plea hearing.

The attorney for the United States shall submit the plea memorandum, a copy of any guilty plea agreement, motions, and other related regarding the direct filing of plea documents prior to any plea hearing, pursuant to the interests of both parties.

Deadline

7 calendar days

Sentencing memoranda, motions, and exhibits must be filed at least 7 days before sentencing hearing.

The attorney for the United States and the attorney for the defendant must file their sentencing memoranda, motions, and exhibits at least seven (7) days prior to the sentencing hearing.

Deadline

1 calendar days

Supplemental sentencing documents may be submitted 1 day prior to hearing, limited to additional/amended documents only.

Counsel are permitted to submit supplemental sentencing documents one (1) day prior to the hearing, if necessary. However, this supplemental deadline is strictly limited to the submission of additional or amended documents only. Counsel must understand that the supplemental deadline is NOT a secondary deadline for original filings.

Deadline

0 calendar days

Counsel may not submit exhibits or papers on day of sentencing; must exchange all papers in advance, and may not expect deputy clerk to scan/copy/print on hearing day.

Specifically, counsel are not permitted to submit late exhibits or other papers on the day of sentencing. Also, counsel SHALL NOT expect the courtroom deputy clerk to scan, copy, or print any paperwork on the day of the hearing. The Court expects the attorneys to manage, copy, and exchange all necessary papers in advance of sentencing.

Deadline

7 calendar days

Witness lists, exhibit lists, and pre-marked exhibits must be disclosed at least 7 days before evidentiary hearings.

Specifically, counsel shall disclose witness lists, exhibit lists, and pre-marked exhibits at least seven (7) days prior to the hearing, unless otherwise ordered.

Deadline

1 calendar days

Objections to expert report compliance must be raised within one week of submission.

If any party believes that an expert report does not comply with the rules relating to timely disclosure or exceeds the scope of what is permitted in that expert report, the complaining party must notify the offending party within one week of the submission of the expert report.

Deadline

7 calendar days

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

A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.

Deadline

7 calendar days

Replies and sur-replies must be filed no later than seven days after the previous filing.

Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.

Parties arguing expert testimony inadmissibility in a summary judgment motion or opposition must raise the argument in a separate, contemporaneously filed Daubert motion, not in the summary judgment briefing.

If a party’s motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. The argument must be the subject of a separate motion.

Deadline

7 calendar days

Applies to

Pretrial memorandum

Government must file pre-trial memorandum at least 7 days before trial, including required content.

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.

Deadline

3 business days

Applies to

Guilty plea memorandum

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

The Government must submit a guilty plea memorandum at least three business days prior to a change of plea hearing.

Deadline

7 calendar days

Sentencing motions and supporting memoranda must be filed at least 7 calendar days before the scheduled sentencing date.

Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.

Deadline

3 calendar days

Responses to sentencing motions must be filed at least 3 calendar days before the scheduled sentencing date.

Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.

Deadline

7 calendar days

All parties must file sentencing memoranda no later than 7 calendar days before the scheduled sentencing date.

Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.

In non-2255 habeas corpus matters, the relevant government agency must respond to motions or objections within 14 days unless granted a court-ordered extension.

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

Deadline

7 business days

The Rule 26(f) report must be submitted no later than 7 business days before the Rule 16 conference.

The Rule 26(f) report must be submitted no later than (7) business days before the Rule 16 conference.

Deadline

3 business days

Parties must seek leave to file an oversize brief at least 3 business days before the filing deadline.

Otherwise, parties must seek leave from the Court to file an oversize brief at least three (3) business days prior to a filing deadline.

Deadline

14 business days

One reply brief may be filed within 14 business days of service of the opposition; additional supplemental briefings require leave and are rarely granted.

One reply brief may be filed within fourteen (14) business days of service of the opponent's brief in opposition; parties must seek leave from the Court to file any additional supplemental briefings, and Judge Scott rarely grants such requests.

Deadline

3 business days

Parties have 3 business days to file an opposition to an opposed continuance motion, stating reasons for the opposition.

If a party files an opposed motion for a continuance, all other parties have three (3) business days to file an opposition, which must state the reasons for the opposition.

Deadline

7 calendar days

Daubert motions must be filed no later than 7 days before the final pretrial conference.

Daubert motions must be filed as soon as practicable, but no later than seven (7) days before a scheduled final pretrial conference.

If a summary judgment motion is based on expert testimony inadmissibility, the party must raise a Daubert motion contemporaneously.

If a party's motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion.

Deadline

7 business days

Motions in limine must be filed before trial; complex motions at least 7 business days before the final pretrial conference.

Motions in limine must be filed before trial to reduce the number of sidebar discussions required. Complex motions must be filed at least seven (7) business days before the final pretrial conference.

Deadline

7 business days

Pretrial memoranda must be submitted at least 7 business days before the final pretrial conference.

Pretrial memoranda must be submitted at least (7) business days prior to the final pretrial conference

Deadline

3 business days

Copies of guilty plea documents must be provided to the judge at least 3 business days before the plea hearing.

Counsel must also provide copies of those documents to Judge Scott at least three (3) business days prior to the plea hearing.

Deadline

3 business days

The guilty plea memorandum must be submitted at least 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.

Deadline

7 business days

Sentencing motions must be filed at least 7 business days before the scheduled sentencing date.

Counsel must file sentencing motions and supporting memoranda at least seven (7) business days prior to the scheduled sentencing date

Deadline

3 business days

Responses to sentencing motions must be filed at least 3 business days before the scheduled sentencing date.

any response thereto must be filed at least three (3) business days prior to the scheduled sentencing date

Deadline

7 business days

Sentencing memoranda must be submitted a specified number of business days before sentencing by email to Susan Flaherty.

business days before sentencing to Susan_Flaherty@paed.uscourts.gov.

Deadline

7 business days

Parties must jointly submit proposed voir dire, verdict forms, and jury instructions no later than 7 business days before the final pretrial conference.

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

Deadline

1 calendar days

Requests for additional jury instructions must be made by email to the Court and all parties on the same day or night the basis arises.

Counsel may request additional, unanticipated jury instructions when the factual or procedural basis for the requested instruction arises during trial. Such requests shall be made by email to the Court and all parties on the same day or night that the basis for the requested instruction arises.

Deadline

7 calendar days

Applies to

Rule 26(f) report

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

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.

Deadline

14 calendar days

Rule 26(f) meetings must occur no later than 14 calendar days before the Rule 16 scheduling conference.

The Rule 26(f) meeting shall take place as soon as possible and no later than fourteen (14) days before the Rule 16 scheduling conference.

Deadline

7 calendar days

Applies to

Opposition

Opposition to discovery motions must be filed within 7 days of the motion's filing.

Within seven (7) days of the filing of the motion, any counsel opposing the motion shall file with a Court a response to the motion not to exceed five (5) pages in conformity with Local Rule 26.1(b).

Deadline

7 calendar days

Reply briefs must be filed within 7 days of service of the opposition brief.

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven (7) days of service of the opponent’s brief in opposition and shall be limited to ten (10) pages.

Deadline

28 calendar days

Applies to

Opposition

Rule 56 opposition responses must be filed within 28 days of service of the motion.

The non-moving party shall file a response within twenty-eight (28) days after the Motion for Summary Judgment is served, unless otherwise ordered by the Court.

Deadline

14 calendar days

Sentencing motions and supporting memoranda must be filed at least 14 days before scheduled sentencing date.

Sentencing motions and supporting memoranda must be filed at least fourteen (14) days before the scheduled sentencing date, and any response thereto must be filed at least seven (7) days before the scheduled sentencing date.

Deadline

7 calendar days

Sentencing memoranda (exclusive of motions) must be filed no later than 7 days before scheduled sentencing date.

Sentencing memoranda (exclusive of motions) must be filed no later than seven (7) days before the scheduled sentencing date.

Deadline

7 calendar days

Sentencing memoranda must be submitted to Judge Toplin one week before the scheduled sentencing.

All counsel should submit sentencing memoranda to Judge Toplin one (1) week before the scheduled sentencing.

Deadline

7 calendar days

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

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

Deadline

4 business days

Settlement memorandum must be emailed to chambers at least four business days before the conference.

Counsel are directed to email the position paper to Chambers not later than four business days prior to the conference.

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

Plaintiff(s) must make an updated, precise, and specific written settlement demand, inclusive of all attorney’s fees, costs, and damages, at least three weeks before a scheduled settlement conference.

Defendants must submit a written settlement offer at least two weeks before the scheduled settlement conference.

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

Counsel must notify the Court of a lack of settlement possibility at least one week before the scheduled settlement conference via call or email.

If settlement is not a real possibility (e.g., if the defendant will not make an offer or will offer only nuisance value), counsel shall notify the Court (jointly or individually) by a call or email to request a brief video conference regarding the lack of settlement possibility at least one week before the scheduled settlement conference.

Counsel must submit a confidential settlement summary and case synopsis via email two weeks before the scheduled settlement conference.

Counsel for all parties must submit a confidential settlement summary and case synopsis via email (to Chambers_of_Magistrate_Judge_Arteaga@paed.uscourts.gov) two weeks before the conference.

Deadline

0 calendar days

Joint appendix must be filed by the movant no later than the initial summary judgment motion docket date.

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

Plaintiff's settlement demand is due 3 weeks prior to the settlement conference.

Plaintiff(s) must make an updated, precise, and specific written settlement demand, inclusive of all attorney’s fees, costs, and damages, on or before (3 weeks prior to the conference).

Defendant's settlement offer is due 2 weeks prior to the settlement conference.

Defendant(s) must make an updated, precise, and specific written settlement offer on or before (2 weeks prior to the conference).

Settlement summary and confidential case summary are due 2 weeks prior to the settlement conference.

Counsel for all parties must submit the attached summary and their confidential case summary to Chambers_of_Magistrate_Judge_Arteaga@paed.uscourts.gov on or before (2 weeks prior to the conference).

Joint settlement position letter is due 1 week prior to the settlement conference.

Counsel shall submit a joint letter setting forth the most recent settlement positions of the parties on or before (1 week prior to the conference).

All motion responses must be filed within the timeframe specified in Local Rule 7.1(c).

Responses to all motions are due within the period prescribed by Local Rule 7.1(c).

All fact discovery must be completed by [+90 days] from the scheduling order date.

All fact discovery shall be completed on or before [+90 days].

Plaintiff expert reports due by fact discovery deadline; Defendant expert reports due [+2 weeks]; all expert discovery due [+2 weeks].

Plaintiff shall produce any and all expert reports on or before [fact discovery deadline]. Defendant shall produce its expert reports on or before [+2 weeks]. All expert discovery, including rebuttal reports and depositions shall be completed on or before [+2 weeks].

Deadline

7 calendar days

Counsel must file a joint Rule 16(f) report one week before the Rule 16 teleconference if not previously filed.

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

Deadline

3 calendar days

Proposed Discovery Plan must be submitted no later than three days before the pretrial conference.

Not later than three days prior to the conference, counsel must submit to the Court a joint Proposed Discovery Plan under Rule 26(f).

Deadline

21 calendar days

Response to summary judgment motion due in 21 days; reply/surreply due in 10 days; no leave required for reply/surreply.

A party is granted 21 days to file a response in opposition to a motion for summary judgment and 10 days to file any reply or surreply. Motions for leave to file a reply and surreply are not necessary for a Rule 56 motion because replies and surreplies are automatically allowed.

Deadline

7 calendar days

Reply briefs must be filed within seven days of service of the opposition brief.

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.

Deadline

14 business days

Parties must meet at least 14 business days before the Rule 16 conference.

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

Deadline

7 business days

Threshold motions (dismiss, transfer, add parties) must be submitted no later than 7 business days before the Rule 16 conference.

Parties are also expected to submit all possible threshold motions no later than (7) business days before the Rule 16 conference, including any motions to dismiss, transfer, or add parties.

Flawed or incomplete Rule 26(f) submissions will be returned for revision and resubmission.

Flawed or incomplete submissions will be returned to counsel for revision and resubmission.

Discovery must begin upon notice of the Rule 16 conference; pending motions do not excuse discovery.

The parties must begin discovery upon receipt of notice of the Rule 16 conference. Pending motions do not excuse counsel from proceeding with discovery.

Deadline

7 calendar days

Threshold motions should be filed at least 7 days before the Rule 16 conference, and may be addressed on the merits at that conference even if not fully briefed.

Threshold motions (e.g., motions to dismiss, transfer, or substitute parties) should be filed at least seven (7) days before the Rule 16 conference. Parties may be asked to address the merits of these motions at the Rule 16 conference, even if they are not fully briefed at that time.

Evidentiary motions may be filed as separate motions at the same time as the summary judgment motion or response.

If there are any evidentiary issues that may be key to the resolution of a motion for summary judgment, parties may file motions to preclude such evidence as separate motions at the same time as their motion or response.

Counsel must comply with the dates set out in the Rule 16 Order.

Counsel will have substantial input in the setting of dates in the Rule 16 Order; Judge Toplin expects counsel to comply with the dates set out in that Order.

Deadline

7 calendar days

A joint Rule 26(f) report must be filed on the docket one week before the Rule 16 teleconference if counsel has not previously filed one.

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

Trial briefs are due as set by Judge Toplin's pretrial scheduling order.

Trial briefs are due in accordance with Judge Toplin’s pretrial scheduling order.

Motions in limine should be filed before the final pretrial conference per the scheduling order so the Court can consider them.

Judge Toplin will accept motions in limine in advance of the final pretrial conference and in accordance with her scheduling order to allow her an opportunity to consider the merits of the motion.

Bring discovery disputes promptly; do not wait until the end of discovery.

Do not wait until the end of discovery to bring a dispute to Judge Hey’s attention. Only the District Judge has the ability to alter your discovery deadline.

Reply and surreply briefs may be filed without court permission; no timeline required, but court will not delay decision awaiting them unless requested.

Once a Motion and a Response are filed, parties can file reply or surreply briefs without seeking permission from the court. There is no timeline for these filings, but the court will not delay a decision on the motion in anticipation of receiving these filings unless the court has itself requested this further briefing.

Deadline

7 calendar days

Applies to

Pretrial memorandum

Defendants may optionally file pre-trial memoranda on the same 7-day before trial schedule as the Government.

The defendant is not required to file a pre-trial memorandum but may do so on the same schedule as the Government.

Deadline

7 calendar days

The final pretrial conference is generally held 7 days before trial, but may be held earlier if jointly requested.

Judge Scott generally holds a final pretrial conference seven (7) days before a trial, but the conference may be held earlier, if jointly requested by the parties.

Deadline

7 calendar days

Final pretrial conference will be scheduled at least one week before trial.

A Final Pretrial Conference will be scheduled at least one week prior to trial.