Eastern District of Pennsylvania Service and Proof of Service Rules

CRITICAL

Attorneys may not rely on or expect chambers staff to copy, scan, print, file, or serve any attorney documents or submissions, before or after any court proceeding.

SHALL NOT rely upon or expect any member of chambers staff to copy, scan, print, file, or serve any attorney documents or submissions, before or after any court proceeding.

CRITICAL

Applies to

Exhibits

Counsel must mark and exchange exhibits before a hearing or trial begins.

Counsel must mark and exchange exhibits before commencement of a hearing or trial.

CRITICAL

Deadline

1 calendar days

A party intending to use a written or video deposition at trial must notify all other parties in writing one month before the trial date established at the final pretrial conference.

Any party intending to use depositions, written or video, at trial must notify all other Parties in writing one month prior to the trial date established at the final pretrial conference.

CRITICAL

Applies to

Response to statement of facts

Responding parties must serve their response to the statement of undisputed facts on all parties at least 14 days before the summary judgment motion deadline.

At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) 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;

CRITICAL

Applies to

Statement of undisputed material facts

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

At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) 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;

CRITICAL

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

The movant shall provide a Word document of the Statement of Undisputed Material Facts to opposing counsel.

CRITICAL

Applies to

Guilty plea document

Service

Email to court

Guilty plea memorandum, agreement (if applicable), and acknowledgment of rights must be emailed to Chambers 7 days before change of plea hearing, except for extenuating circumstances.

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

CRITICAL

Applies to

Settlement conference summary

Counsel must exchange their settlement conference summaries with each other.

Judge Toplin requires that counsel exchange their summaries.

CRITICALCivil cases

Applies to

Settlement offer demand

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

Counsel are also directed to exchange settlement offer and demand prior to the conference.

CRITICAL

Applies to

Rule 26 f report

Service

Email

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

If a Rule 26(f) report is not already on the docket when a case is assigned to Judge Arteaga, the parties shall submit a copy of their Rule 26(f) report via email (to Chambers_of_Magistrate_Judge_Arteaga@paed.uscourts.gov) at least five days before the scheduled conference.

WARNING

Counsel must execute service on parties at the time of filing.

Counsel are reminded to execute service at the time of filing.

WARNING

Applies to

Exhibits

Counsel must disclose, serve, and maintain copies of all exhibits under the Federal and Local Rules whether or not the exhibits are filed on ECF, and must retain copies after proceedings conclude or the action terminates.

Regardless of whether certain exhibits are filed to ECF or not, it is the responsibility of counsel to disclose, serve, and maintain copies of all exhibits pursuant to the Federal and Local Rules. It is also the responsibility of counsel to retain copies of all exhibits following the conclusion of any court proceeding, or upon termination of any action.

WARNING

Applies to

Correspondence

Judge Toplin permits correspondence from counsel on any matter, providing all other counsel in the matter are provided copies of such correspondence; and unless otherwise specified.

Judge Toplin permits correspondence from counsel on any matter, providing all other counsel in the matter are provided copies of such correspondence; and unless otherwise specified.