Judge Gail A. Weilheimer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Filings > 20 pages
- 1 copy • Hand Delivery • Within 48 Hours
Communication
Chambers
Chambers
Chambers
Letter via ECF
Chambers
Page & Word Limits6 rules
Machine summary. Not checked yet.Mandatory?
A brief narrative of the case, not to exceed three pages, double spaced.
Summary: Brief narrative limited to 3 pages double-spaced
Pretrial Conference Memorandum
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
In the absence of a deadline set by the Court in a Scheduling Order, parties have 30 days to respond to a motion for summary judgment.
Summary: Without court-set deadline, parties have 30 days to respond to summary judgment motion.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Deadlines for motions in limine will be provided at the Pretrial Conference. In an attempt to resolve any evidentiary issue, counsel shall meet and confer in advance of the filing of any motion in limine. In all cases, civil and criminal, motions in limine and their responses are limited to ten pages, double spaced, in 12-point Times New Roman font with one-inch margins and numbered pages.
Summary: Motions in limine and responses limited to 10 pages, double-spaced, 12-point Times New Roman, one-inch margins, numbered pages.
Motion In Limine
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
With the exceptions of motions in limine, briefs and memoranda filed in support of or in opposition to a motion are limited to 25 pages in length.
Summary: Motions (except motions in limine) limited to 25 pages.
Motion
25 pages
Machine summary. Not checked yet.Important?
A witness list, with a description of the testimony anticipated from each witness, not to exceed two sentences each.
Summary: Witness descriptions limited to 2 sentences each
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Important?
pages are required to explain its position, leave of court is required to exceed the page limit. A motion to exceed the page limit shall be filed prior to the deadline establishing good cause for the request.
Summary: Leave required to exceed page limit with good cause.
Motion
Document Format Requirements8 rules
Checked against the court's document on Oct 4, 2026Important
If the parties cannot agree on production format during the Rule 26(f) conference, electronic documents must be produced as image files.
If, during the course of the Rule 26(f) conference, the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF).
Checked against the court's document on Oct 4, 2026Important
When producing an image file, the producing party must preserve the document's original formatting, metadata, and, where applicable, revision history.
When the image file is produced, the producing party must preserve the integrity of the electronic document's contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history.
Checked against the court's document on Oct 4, 2026Important
A party seeking native-format production after initial image-file production must demonstrate particularized need.
After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.
Machine summary. Not checked yet.Mandatory?
Exhibits shall be placed in a three-ring binder, pre-marked and tabbed with a table of contents. The text table of contents should be in at least 12-point font, in table format with separate columns for the exhibit numbers, exhibit description, indication of identification and admission.
Summary: Trial exhibits must be in three-ring binder with tabbed table of contents in 12-point font.
Machine summary. Not checked yet.Mandatory?
All documents shall be filed in 12-point Times New Roman font, double spaced with one-inch margins and numbered pages.
Summary: All documents must use 12-pt Times New Roman, double-spaced, 1-inch margins, numbered pages.
Machine summary. Not checked yet.Mandatory?
All PDF documents filed must be text searchable.
Summary: All PDF documents must be text searchable.
Machine summary. Not checked yet.Important?
Each party shall provide a brief factual summation of the case which should be provided as an attachment, double spaced in 12-point font.
Summary: Factual summation must be double-spaced in 12-point font and attached as an attachment.
Machine summary. Not checked yet.Important?
The Joint Statement should be drafted neutrally and factually (without needless adjectives) so as to best facilitate a filing which will be useful to the Court.
Summary: Joint Statement must be drafted neutrally and factually without needless adjectives.
Document Filing Requirements43 rules
Machine summary. Not checked yet.Mandatory?
At least seven days prior to the Pretrial Conference, each counsel shall docket a Pretrial Conference Memorandum which includes the following:
Summary: Pretrial Conference Memorandum must be docketed at least 7 days before conference
Document Type
Pretrial Conference Memorandum
Machine summary. Not checked yet.Mandatory?
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.
Summary: Failure to submit memorandum or list witnesses/exhibits may result in preclusion
Document Type
Pretrial Conference Memorandum
Machine summary. Not checked yet.Mandatory?
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.
Summary: Parties must file a motion for claim construction hearing simultaneously with the Joint Claim Construction Brief, stating briefing is complete and requested argument time.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Except as otherwise specified herein, any application to the Court shall be by written motion.
Summary: All applications to the Court must be made by written motion unless otherwise specified.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Certification of meet and confer required with motion, including dates, length, and brief description of issues discussed.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Discovery must commence immediately upon Rule 16 scheduling order, not at conference date.
Document Type
Discovery
Machine summary. Not checked yet.Mandatory?
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.
Summary: Joint Rule 26(f) report required 5 days before Rule 16 conference.
Document Type
Rule 26f Report
Machine summary. Not checked yet.Mandatory?
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”).
Summary: Parties must meet and confer 28 days before summary judgment motion to discuss joint statement of undisputed facts.
Document Type
Joint Statement Of Undisputed Facts
Machine summary. Not checked yet.Mandatory?
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.
Summary: Facts not in Joint Statement must be cited to record within party's memorandum.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
But no party shall unilaterally file a “Statement of Undisputed Facts" setting forth its interpretation of the record.
Summary: Parties cannot unilaterally file their own Statement of Undisputed Facts.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Joint Statement must include all undisputed facts relied upon by any party for summary judgment.
Document Type
Joint Statement Of Undisputed Facts
Machine summary. Not checked yet.Mandatory?
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).
Summary: Parties with pending State Court dispositive motions must reformat or withdraw within 21 days of removal.
Document Type
Dispositive Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Parties with State Court Answer must docket it without revision within 21 days of removal.
Document Type
Answer
Machine summary. Not checked yet.Mandatory?
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.
Summary: Removing party must file Amended Notice of Removal with State Court Complaint as exhibit.
Document Type
Amended Notice Of Removal
Machine summary. Not checked yet.Mandatory?
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.
Summary: If no Joint Statement agreement, filing party must certify inability to reach agreement.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Settlement Conference Memorandum must be submitted 7 days in advance, confidential, not docketed, not shared with opposing counsel.
Document Type
Settlement Conference Memorandum
Machine summary. Not checked yet.Mandatory?
Seven days prior to the Pretrial Conference counsel shall submit Pretrial Conference Memorandum, the requirements are attached here.
Summary: Pretrial Conference Memorandum must be submitted 7 days before Pretrial Conference.
Document Type
Pretrial Conference Memorandum
Machine summary. Not checked yet.Mandatory?
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).
Summary: Three copies of trial exhibits required at commencement of trial.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
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.
Summary: Only one attorney per party may examine each witness; only that attorney may object during opposing questioning.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
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).
Summary: Exhibits must be separately numbered attachments with clear objective titles.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
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.
Summary: Local counsel must attend all appearances while pro hac vice motion is pending.
Document Type
Pro Hac Vice Admission
Machine summary. Not checked yet.Mandatory?
Pro hac vice counsel is expected to review and comply with the EDPA local rules as well as Judge Weilheimer’s protocols.
Summary: Pro hac vice counsel must review and comply with EDPA local rules and Judge's protocols.
Document Type
Pro Hac Vice Admission
Machine summary. Not checked yet.Mandatory?
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.
Summary: 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.
Document Type
Settlement Memorandum
Machine summary. Not checked yet.Important?
Settlement negotiation should not be provided if a matter is scheduled as a bench trial.
Summary: Settlement negotiations not required for bench trials
Document Type
Pretrial Conference Memorandum
Machine summary. Not checked yet.Important?
Absent prior approval of the Court, the parties shall not present testimony at the argument.
Summary: Testimony at claim construction hearing is prohibited without prior court approval.
Document Type
Motion
Machine summary. Not checked yet.Important?
If meeting and conferring results in the intention to file an amended pleading, the party who intends to file an amended pleading should let the Court know of that intention by way of a letter placed on the docket, which will serve to ensure the Court not enter default against the party who otherwise would have an obligation to respond to the initial pleading.
Summary: Letter to court required when intending to file amended pleading after meet and confer.
Document Type
Letter
Machine summary. Not checked yet.Important?
If the Court later concludes from briefing that the parties do agree on enough material facts to justify submission of a Joint Statement, the Court may sua sponte schedule a hearing and/or request briefing from the parties to determine whether sanctions are appropriate for failure to comply with these protocols, and/or may reject the filings and require both parties to submit a revised Joint Statement.
Summary: Court may impose sanctions or require revised Joint Statement if parties agree on facts but failed to submit one.
Document Type
Motion
Machine summary. Not checked yet.Important?
Note: The Court may preclude at trial any witness or exhibit not disclosed in the Pretrial Conference Memorandum.
Summary: Witnesses or exhibits not disclosed in Pretrial Conference Memorandum may be precluded at trial.
Document Type
Pretrial Conference Memorandum
Machine summary. Not checked yet.Important?
If pro hac vice counsel shows an unfamiliarity with the Local Rules of Civil Procedure or this Court’s protocols, this Court may issue an order requiring local counsel to appear at all future appearances or may discontinue the pro hac vice admission.
Summary: Unfamiliarity with rules may result in order requiring local counsel attendance or discontinuation of pro hac vice admission.
Document Type
Pro Hac Vice Admission
Machine summary. Not checked yet.Important?
The Settlement Memorandum should include the following: 1. A brief summary of the case which includes the strengths and weaknesses from the perspective of the submitting party; 2. Copies of critical documents relevant to settlement (e.g. expert reports, photographs of the scene); 3. The most recent offer and demand and any insight as to why previous attempts to settle were unsuccessful; 4. The scope of settlement authority of the submitting party; and 5. Any other information that would benefit the Court in helping to effectuate a settlement.
Summary: The Settlement Memorandum must include a case summary with strengths/weaknesses, critical documents, recent offer/demand, settlement authority scope, and any other helpful information.
Document Type
Settlement Memorandum
Machine summary. Not checked yet.Note?
The undersigned counsel certifies that on insert date the parties did meet and confer in an attempt to resolve list motion or topic that was addressed . As this matter was unable to be resolved through substantive verbal communications the attached Motion is being filed.
Summary: Sample certification language for meet-and-confer requirement.
Document Type
Motion
Machine summary. Not checked yet.Note?
The Court will consider a witness or counsel to be unavailable due to a court attachment, a prepaid vacation/business trip, a scheduled medical procedure or a significant life event such as a child's wedding or graduation.
Summary: Specific circumstances qualify as witness/counsel unavailability
Document Type
Pretrial Conference Memorandum
Machine summary. Not checked yet.Note?
The Court is open to the presentation of live technology tutorials when they may be of benefit. The parties may also submit tutorials in electronic form by the deadline for submission of the Joint Claim Construction Brief. If a party intends to present a live tutorial, it should be directed to the underlying technology (rather than argument related to infringement or validity).
Summary: Live technology tutorials are permitted at the claim construction hearing; electronic tutorials must be submitted by the Joint Claim Construction Brief deadline; live tutorials must focus on underlying technology, not infringement or validity.
Document Type
Brief
Machine summary. Not checked yet.Note?
If during the meet and confer described herein, a party is alerted to a deficiency in their complaint by opposing counsel, the filing party is permitted to submit an amended complaint which rectifies all, or some, of the issues addressed at the meeting. The party filing the amended complaint should attach to the amended complaint a certification that such amendment was the result of compliance with this protocol. If such certification is attached, the amended complaint will be deemed filed with leave of Court under Fed. R. Civ. P. 15(a)(2), and therefore not exhaust the party’s amendment as of right under Fed. R. Civ. P. 15(a)(1).
Summary: Amended complaint filed after meet and confer is deemed filed with leave of court under Rule 15(a)(2).
Document Type
Amended Complaint
Machine summary. Not checked yet.Note?
Where the parties agree upon a Joint Statement, all factual citations should be made to the Joint Statement, to the extent they can be.
Summary: When Joint Statement exists, factual citations should reference it where possible.
Document Type
Brief
Machine summary. Not checked yet.Note?
Agreeing upon the submission of a Joint Statement will not preclude a party from arguing in briefing that there are other undisputed facts besides those on which the parties were able to agree.
Summary: Parties may argue additional undisputed facts in briefing beyond those in Joint Statement.
Document Type
Brief
Machine summary. Not checked yet.Note?
Inclusion of a given fact in a Joint Statement will not be considered a concession by any party that a given fact is relevant or material.
Summary: Including facts in Joint Statement does not constitute concession of relevance or materiality.
Document Type
Joint Statement Of Undisputed Facts
Machine summary. Not checked yet.Note?
The Joint Statement should include exhibits, where relevant.
Summary: Joint Statement should include relevant exhibits.
Document Type
Joint Statement Of Undisputed Facts
Machine summary. Not checked yet.Note?
The Court will typically set a deadline by which a party opposing summary judgment must file its opposition in its Scheduling Order.
Summary: Court typically sets deadline for summary judgment opposition in Scheduling Order.
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Note?
The filing of an Amended Notice of Removal will have no impact on any case deadlines which run from the removal of the case.
Summary: Amended Notice of Removal does not affect case deadlines running from removal.
Document Type
Amended Notice Of Removal
Machine summary. Not checked yet.Note?
Judge Weilheimer permits note taking by jurors during the presentation of evidence. Jurors are not permitted to take notes during argument or the Court’s instruction on the law.
Summary: Jurors may take notes during evidence presentation but not during arguments or jury instructions.
Document Type
Trial Procedure
Machine summary. Not checked yet.Note?
After motion for leave to appear pro hac vice is granted, local counsel need not be present at every appearance, except as outlined infra.
Summary: Local counsel attendance not required after pro hac vice admission, except as specified.
Document Type
Pro Hac Vice Admission
Machine summary. Not checked yet.Note?
Counsel applying for admission before the Court pro hac vice may use the Eastern District’s standard form.
Summary: Pro hac vice counsel may use Eastern District's standard admission form.
Document Type
Pro Hac Vice Admission
Filing & Service rules
Filing Timing and Cure Windows
Within seven days after identifying relevant document custodians, retention coordinators must implement the specified procedures and counsel for each party must file a statement of compliance.
Within seven (7) 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.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 5 | Retention
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.
Machine summary. Not checked yet. · Civil cases
Page 8 | Expert Testimony
Courtesy Copy Requirements
Courtesy copy required for filings with exhibits over 20 pages.
When the total number of pages in the exhibits/attachments to any filing exceeds 20 pages, within 48 hours of the docketing of the filing, one hard copy of the exhibits is to be provided to Chambers.
Machine summary. Not checked yet. · Civil cases
Exhibits over 2 require binder with tabbed table of contents.
If the provided attachments are for more than two exhibits, the documents should be placed in a binder, tabbed with a table of contents that corresponds to the related pleading.
Machine summary. Not checked yet. · Civil cases
Sealing & Redaction Procedures
Existing confidentiality orders allow sealed filings without separate motion; otherwise, motion to seal required.
Where a confidentiality order which covers the duration of litigation has already been entered by the Court, filings which include information subject to that confidentiality order may be filed under seal without the filing of a separate motion to seal. If no such confidentiality order has been entered, any filing placed under seal must be accompanied by a contemporaneous motion to seal.
Machine summary. Not checked yet. · Civil cases
Page 6 | Filing Under Seal and Redactions
Confidentiality/sealing orders require good cause and specific language about Court's modification rights.
Judge Weilheimer will consider entry of a stipulated confidentiality or sealing orders if the parties demonstrate that “good cause” exists pursuant to Fed. R. Civ. P. 26(c)(1)(G). See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d. Cir. 1994). All such orders 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.”
Machine summary. Not checked yet. · Civil cases
Page 6 | Confidentiality Agreements
Public filing required within 7 days of docketing sealed submissions.
Within seven days of the docketing of anything filed under seal (or, in the case of a motion, within seven days of the close of briefing on a given motion), a filing party of any sealed submission shall publicly file a
Machine summary. Not checked yet. · Civil cases
Page 6 | Filing Under Seal and Redactions
Interim protective order: confidential documents must be marked and disclosure limited to outside attorneys until a protective order is entered.
If any document or information produced in this matter is deemed confidential by the producing party and if the Court has not entered a protective order, until a protective order is issued by the Court, the document shall be marked "confidential" or with some other confidential designation (such as "Confidential – Outside Attorneys Eyes Only") by the disclosing party and disclosure of the confidential document or information shall be limited to each party's outside attorney(s) of record and the employees of such outside attorney(s).
Machine summary. Not checked yet. · Civil cases
Page 4 | 4. Protective Order
For parties without outside counsel, disclosure of confidential information is limited to one designated in-house attorney, with 5 days advance notice to the producing party.
If a party is not represented by an outside attorney, disclosure of the confidential document or information shall be limited to one designated "in house" attorney, whose identity and job functions shall be disclosed to the producing party 5 days prior to any such disclosure, in order to permit any motion for protective order or other relief regarding such disclosure.
Machine summary. Not checked yet. · Civil cases
Page 4 | 4. Protective Order
Filing Bundling Requirements
Joint exhibit binder preferred but not required.
A joint exhibit binder is preferred but not required.
Machine summary. Not checked yet. · Civil cases
Page 13 | Trial
Pre-Motion Conference Requirements
Motions that fail to meet meet-and-confer requirements will be denied.
The Court will deny any 12(b)(6), (e) or (f) motion or discovery motion that fails to conform with these requirements.
Machine summary. Not checked yet. · Civil cases
Page 1 | MEET AND CONFER REQUIREMENTS
Parties must conduct substantive verbal communications before filing certain motions, with certification required.
The parties shall conduct substantive verbal communications. Exchanges of letters or e- mails are insufficient. A report that opposing counsel was not available or that the parties made reasonable efforts is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken.
Machine summary. Not checked yet. · Civil cases
Page 1 | MEET AND CONFER REQUIREMENTS
Pre-motion conference required before filing a Motion to Compel discovery, including meet-and-confer and a conference with the Court.
A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court's law clerk (with opposing counsel) to arrange a conference with the Court to summarize the dispute and the parties' respective positions.
Machine summary. Not checked yet. · Civil cases
Page 3 | b. Discovery Disputes
Parties must attempt to resolve expert report disputes promptly; unresolved disputes must be raised via the Discovery Dispute Procedure or the objection is waived.
The parties are expected to promptly try to resolve any such disputes, and, when they cannot reasonably be resolved, use the Court's Discovery Dispute Procedure or the complaint will be waived.
Machine summary. Not checked yet. · Civil cases
Page 8 | Expert Testimony
Rule 56 motions cannot be filed more than 10 days before the dispositive motions deadline without court leave.
No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
Machine summary. Not checked yet. · Civil cases
Page 8 | Case Dispositive Motions
Daubert objections must be filed by motion no later than the dispositive motions deadline.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.
Machine summary. Not checked yet. · Civil cases
Page 8 | Expert Testimony
Meet and confer required at least 5 days before filing discovery, 12(b), or dispositive motions.
Prior to filing discovery motions, 12(b) motions, or other dispositive motions, counsel contemplating the filing of these motions shall contact opposing counsel to discuss the substance of the anticipated motion and to provide an opportunity to cure any alleged deficiencies or to try to resolve the conflict prior to the filing of the Motion. This communication must occur at least five days prior to the filing of the Motion.
Machine summary. Not checked yet. · Civil cases
Page 3 | Meet and Confer Certification
Lead trial counsel must attend Rule 16 conference; substitute with deep case knowledge if lead is on trial.
Lead trial counsel must appear for this conference. If lead counsel is on trial, substitute counsel with deep knowledge of the case may attend.
Machine summary. Not checked yet. · Civil cases
Page 4 | Rule 16 Conference
Meet and confer required before filing any motion in limine.
In an attempt to resolve any evidentiary issue, counsel shall meet and confer in advance of the filing of any motion in limine.
Machine summary. Not checked yet. · Civil cases
Page 12 | Motions in Limine
Reply briefs require leave of court, filed within 5 days with email courtesy copy.
Reply briefs are not permitted without leave of court. Motions for Leave to file a Reply shall be docketed within five days of the docketing of the response with a courtesy copy sent to chambers via email to the e-mail listed above.
Machine summary. Not checked yet. · Civil cases
Failure to meet and confer may result in motion denial or sanctions.
Failure to communicate by the filing party may result in the motion being denied. Failure to respond within a reasonable timeframe to attempts to communicate from the filing party may result in sanctions for the non-responding party.
Machine summary. Not checked yet. · Civil cases
Page 3 | Meet and Confer Certification
Motions for leave to reply must specify issues and not include proposed reply.
Motions for Leave should highlight the specific issues raised in the response brief to which a reply is requested. Counsel should not prepare and attach their proposed reply to their Motion.
Machine summary. Not checked yet. · Civil cases
A final pretrial conference will be held after dispositive motions are ruled upon.
As needed, after ruling on dispositive motions, the Court will hold a final pretrial conference in Court with counsel.
Machine summary. Not checked yet. · Civil cases
Page 9 | 11. Pretrial Conference
Rule 16 conference held after all defendants answer; counsel may request if not scheduled.
A Rule 16 Pretrial Conference will be held as soon as possible after all defendants have docketed an Answer to the Complaint. If the Court has not scheduled a Rule 16 conference within a reasonable time after the filing of the Answer, counsel should contact Chambers to request a conference.
Machine summary. Not checked yet. · Civil cases
Page 4 | Rule 16 Conference
Pretrial conference scheduled at Rule 16 if no dispositive motions, or after ruling on dispositive motions.
A Pretrial Conference will be scheduled either at the time of the Rule 16 Conference if dispositive motions are not anticipated or if necessary after a ruling on dispositive motions. At the Pretrial Conference a date certain trial date and associated deadlines will be provided.
Machine summary. Not checked yet. · Civil cases
Page 4 | Pretrial Conference
Oral argument scheduled at Court's discretion; may decide on papers even if requested.
Oral argument will be scheduled by Chambers when it is beneficial to the Court. Parties may request oral argument, but the Court will frequently decide a motion on the papers even where such a request is made.
Machine summary. Not checked yet. · Civil cases
Ruling on reply leave without response; if granted, scope and due date specified.
A ruling will be made on the Motion for Leave without a response from opposing counsel. If the Court grants leave to file a reply, the order will clearly specify the scope of the reply and the due date.
Machine summary. Not checked yet. · Civil cases
Adjournment & Extension Requirements
Extension requests must be filed as motions with good cause shown, made as far in advance as possible.
Subject to the limited exceptions below, requests for extensions, including joint and uncontested requests, must be submitted to this Court by filing a motion on the docket. Even with the agreement of all parties, good cause must be shown for the Court to consider a request to extend any deadlines provided in the Scheduling Order. Requests for extension should be made as far in advance as possible. Requests made on the date of the deadline will typically be denied, absent good cause that arose on the day of the deadline.
Machine summary. Not checked yet. · Civil cases
Page 5 | Extension Requests
Discovery motion responses due 7 days after filing.
Responses to discovery motions are due seven days after the filing of the Motion.
Machine summary. Not checked yet. · Civil cases
Page 6 | Discovery matters
Parties must meet and confer before seeking court intervention for discovery disputes.
Counsel are expected to work cooperatively and civilly to address discovery disputes. See supra. The parties are expected to meet and confer prior to requesting Court intervention. Should the parties be unable to resolve a discovery dispute in good faith, they may request the assistance of the Court.
Machine summary. Not checked yet. · Civil cases
Page 5 | Discovery matters
Call Chambers for immediate deposition rulings; objecting party pays re-deposition costs if they refuse to answer.
If a dispute arises during a deposition, counsel are invited to call Chambers in the event that the Judge is available to supply an immediate ruling. If Judge Weilheimer is not immediately available, the parties should note the objection, have the question answered, and the Judge will issue a ruling prior to trial. If the objecting party refuses to have a witness answer the “objectionable” question and the Court determines that witness shall be re-deposed on that issue, the costs of the re-deposition will be borne entirely by the objecting party.
Machine summary. Not checked yet. · Civil cases
Page 6 | Discovery matters
Default e-discovery order applies if parties cannot agree.
If e-discovery is an issue and counsel are unable to reach an agreement, a default e-discovery order will be entered, located here.
Machine summary. Not checked yet. · Civil cases
Page 5 | Discovery matters
Joint stipulation can extend Answer/Complaint deadline by up to 30 days; discovery extensions need not be filed.
The parties may jointly stipulate to extend the time to Answer or make a motion with respect to an initial Complaint by no more than 30 days. Such joint stipulation should be filed on the docket with a signature line provided for the judge. The parties may also jointly agree to extend discovery deadlines provided such agreement does not alter the dispositive motion deadline. This type of agreement need not be filed with the Court.
Machine summary. Not checked yet. · Civil cases
Page 5 | Extension Requests
Discovery time calculated from Rule 16 Scheduling Order date, not conference date.
Parties are expected to begin discovery promptly after the issuance of the Order scheduling the Rule 16 Conference. The time for discovery will be calculated from the date the Rule 16 Scheduling Order is issued, NOT the date of the Rule 16 conference.
Machine summary. Not checked yet. · Civil cases
Page 5 | Discovery matters
Virtual conferences via letter/email for straightforward disputes; motions for complex disputes.
For straightforward disputes, the parties may request a virtual conference via letter or email to Chambers. This correspondence should summarize the reason for the requested conference. A motion should be filed for disputes that require the Court to review extensive materials or for which the conflict cannot be addressed in a brief conference.
Machine summary. Not checked yet. · Civil cases
Page 6 | Discovery matters
Chambers Communication Rules
The Settlement Memorandum must be emailed to chambers at least five days before the conference.
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.
Machine summary. Not checked yet. · Civil cases
Page 1 | SETTLEMENT CONFERENCE REQUIREMENTS
Chambers staff cannot provide legal advice; ex parte advocacy on substantive issues is prohibited.
Judge Weilheimer’s staff cannot give legal advice. Ex parte advocacy on any substantive issue is prohibited.
Machine summary. Not checked yet. · Civil cases
Page 2 | Communication with Chambers
Counsel must respond promptly and courteously to Chambers communications; discourtesy is viewed as disrespect for the Court.
Counsel are expected to respond with reasonable promptness to communication from Chambers and should be courteous in their interaction. Any discourtesy to Chambers staff will be viewed as a disrespect for the Court.
Machine summary. Not checked yet. · Civil cases
Page 2 | Communication with Chambers
Parties must inform court immediately upon Rule 16 scheduling if preferring settlement before discovery.
If the Parties feel that settlement talks would be most productive before discovery commences, the Parties should inform the Court of that immediately upon the scheduling of the Rule 16 Conference so early settlement talks can be facilitated while still leaving adequate time for discovery if such talks do not resolve the case.
Machine summary. Not checked yet. · Civil cases
Page 4 | Rule 16 Conference
Chambers contact information provided for email and phone.
Chambers email: Chambers_Weilheimer@paed.uscourts.gov Chambers phone: 267-299-7760
Machine summary. Not checked yet. · Civil cases
Page 2 | Communication with Chambers
Chambers may be contacted for procedural questions or to facilitate case progress; substantive communications must be docketed.
Counsel are welcome to contact Chambers via phone or email with any procedural questions or where communication will assist in facilitating the progress of a case. All communication regarding substantive issues must be docketed. Counsel may contact Chambers to provide notification of a substantive filing that needs prompt attention from the Court.
Machine summary. Not checked yet. · Civil cases
Page 2 | Communication with Chambers
Junior Lawyer Participation Incentives
Junior attorneys (associates) may argue with notice to chambers; supervising counsel can supplement their argument.
Judge Weilheimer believes the courtroom provides the opportunity for growth and development for the newest members of our profession and encourages senior counsel to give their associates, who have skilled knowledge on the matter, the opportunity to appear and make argument to the Court. When a party chooses to avail itself of this opportunity, counsel should notify the Court either at sidebar on the day of argument or in advance via email to Chambers of the name of the associate who will be representing the party and the name of senior/supervising counsel. Supervising counsel will be given an opportunity to supplement their associate’s argument.
Machine summary. Not checked yet. · Civil cases
Page 16 | Professional Development for Newer Attorneys