Judge Gerald J. Pappert
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Appellate Brief
- When Decision Is Appealed
Joint Exhibit Book
- 2 copies • At Final Pretrial Conference
Adjournments
- Parties must adhere to all Scheduling Order dates unless there is a compelling reason, and counsel must advise the Court immediately of any compelling reason for an extension or continuance.
- Settlement negotiations, summer scheduling difficulties, obligations in other cases, and failure to diligently conduct discovery do not qualify as compelling reasons for extending a scheduled date.
- Extension or continuance requests may be made by letter that describes the basis in detail, notes all other counsel’s agreement or disagreement, and states the period of delay requested.
- +2 more
Request must include
Communication
Phone
Clerk
Letter via ECF
Chambers
Phone
Chambers
Page & Word Limits4 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
If a discovery dispute is not resolved following a conference and a motion to compel becomes necessary, the motion and any supporting memorandum, together, shall not exceed 5 pages of double-spaced 12-point font. The responding party may file a response within 5 days, also limited to 5 pages of double-spaced 12-point font.
Summary: Motions to compel with supporting memoranda are limited to 5 pages (double-spaced, 12-point font), and the responding party's response is also limited to 5 pages (double-spaced, 12-point font).
Motion To Compel
5 pages
Response
5 pages
The quote is in the court's document. The summary is not checked yet.Mandatory?
Reply briefs are permitted, except for motions in limine. See Section II. I. 7. Reply briefs must be filed within seven days of the date that a non-moving party files its opposition brief, may not exceed ten pages, and must be limited to issues newly raised in the opposing party’s response.
Summary: Reply briefs are permitted except for motions in limine, may not exceed ten pages, and must be limited to issues newly raised in the opposing party's response.
Reply Brief
10 pages
The quote is in the court's document. The summary is not checked yet.Mandatory?
Absent an order stating otherwise, any brief or memorandum filed in support of or in opposition to a motion must be limited to 25 pages of double-spaced 12-point font, excluding the table of contents, table of authorities, and any attachments or exhibits.
Summary: Briefs and memoranda supporting or opposing motions are limited to 25 double-spaced, 12-point-font pages, excluding the table of contents, table of authorities, and attachments or exhibits, unless the Court orders otherwise.
Brief
25 pages
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any brief or memorandum filed in support of or in opposition to a motion in limine must be limited to 5 pages of double-spaced 12-point font.
Summary: Briefs and memoranda in support of or opposition to motions in limine are limited to 5 double-spaced pages in 12-point font.
Brief
5 pages
Document Format Requirements5 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Summary: Every exhibit must be filed as a separately numbered attachment to the main document and clearly titled with an objective description so its nature and relevance are apparent without opening the file.
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Summary: Motions for judgment as a matter of law (jury trials) and motions for involuntary dismissal (non-jury trials) must be in writing.
The quote is in the court's document. The summary is not checked yet.Important?
The use of footnotes is discouraged. If absolutely necessary, footnotes are to be used sparingly and should not contain citations to textual matter.
Summary: Footnotes in briefs and memoranda are discouraged and, if absolutely necessary, must be used sparingly and must not contain citations to textual matter.
The quote is in the court's document. The summary is not checked yet.Note?
Counsel seeking admission pro hac vice should use the form available on the Courts website at https://www.paed.uscourts.gov/forms/forms-miscellaneous.
Summary: Pro hac vice admission requests must use the form available on the court’s website.
The quote is in the court's document. The summary is not checked yet.Note?
The filing of exhibits in text searchable format is encouraged, but not required.
Summary: Filing exhibits in text searchable format is encouraged but not required.
Document Filing Requirements13 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any attorney or pro se party who uses generative artificial intelligence (“A.I.”) to prepare any complaint, answer, motion, brief or other paper filed with the Court shall: (1) disclose that generative artificial intelligence was used to prepare the filing; (2) identify precisely what portion or portions of the document contain the generated content; (3) identify the specific tool used and how it was used; and (4) certify that each any every citation to the law or the record in the filing was verified as accurate in accordance with the obligations set forth in Rule 11 of the Federal Rules of Civil Procedure. Failure to do so may result in referral to this Court’s Disciplinary Committee and /or appropriate state bar, striking the filings from the docket, the imposition of monetary sanctions or any other sanction the Court deems appropriate.
Summary: Any attorney or pro se party using generative AI on a filing must disclose the AI use, identify the generated portions and the tool used, and certify all citations were verified, or face sanctions including referral to disciplinary authorities, striking the filing, or monetary sanctions.
Document Type
Any Filing
The quote is in the court's document. The summary is not checked yet.Mandatory?
No protective order or confidentiality agreement will be approved without language providing that “the court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires.”
Summary: No protective order or confidentiality agreement will be approved unless it contains language reserving the Court's inherent power to modify its terms and permit disclosure where the interest of justice requires.
Document Type
Protective Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any brief longer than ten pages shall include a table of contents and table of authorities.
Summary: Any brief longer than ten pages must include a table of contents and a table of authorities.
Document Type
Brief
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any motion for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure must include a concise statement of material facts, in numbered paragraphs, to which the moving party contends there is no genuine issue to be tried.
Summary: Rule 56 motions must include a concise statement of material facts in numbered paragraphs identifying the facts the movant contends are undisputed.
Document Type
Motion For Summary Judgment
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Summary: Statements of material facts (supporting or opposing summary judgment) must cite specific parts of the record, and failure to do so may be grounds for denial of the requested relief.
Document Type
Statement Of Material Facts
The quote is in the court's document. The summary is not checked yet.Mandatory?
All motions and responses shall include an index which clearly identifies and describes any exhibits.
Summary: All motions and responses must include an index that clearly identifies and describes any exhibits.
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any opposition to a motion for summary judgment must include a concise, paragraph-by-paragraph response to the statement of material facts, setting forth which facts the opposing party contends there is a genuine issue to be tried. The responding party may also set forth, in separate numbered paragraphs, any additional facts which the responding party contends preclude summary judgment. The Court will accept all material facts set forth in the moving party's statement as admitted unless controverted by the opposing party.
Summary: Oppositions to summary judgment must include a paragraph-by-paragraph response to the movant's statement of material facts, and any material facts not controverted will be deemed admitted.
Document Type
Opposition To Summary Judgment
The quote is in the court's document. The summary is not checked yet.Mandatory?
In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.
Summary: In non-jury cases, the parties must submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.
Document Type
Proposed Findings Conclusions
The quote is in the court's document. The summary is not checked yet.Mandatory?
The joint exhibit book must contain an exhibit list briefly describing each exhibit.
Summary: The joint exhibit book must include an exhibit list briefly describing each exhibit.
Document Type
Joint Exhibit Book
The quote is in the court's document. The summary is not checked yet.Mandatory?
Exhibits must be pre-marked and exchanged in advance of trial.
Document Type
Exhibits
The quote is in the court's document. The summary is not checked yet.Mandatory?
Judge Pappert requires the parties to submit objections to the Pre-Sentence Investigation Report and sentencing memoranda in accordance with the Notice of Sentencing, which will be issued shortly after the entry of a guilty plea or conviction.
Summary: Parties must submit objections to the Pre-Sentence Investigation Report in accordance with the Notice of Sentencing, which is issued shortly after a guilty plea or conviction.
Document Type
Objections To Presentence Investigation Report
The quote is in the court's document. The summary is not checked yet.Important?
Counsel should submit one unified and agreed upon set of voir dire questions in writing seven days before the trial date.
Summary: Counsel should submit one unified, agreed-upon set of voir dire questions in writing seven days before the trial date.
Document Type
Voir Dire Questions
The quote is in the court's document. The summary is not checked yet.Note?
He may also require the parties to submit proposed findings of fact and conclusions of law prior to the hearing.
Summary: In TRO/preliminary injunction proceedings, the Court may require the parties to submit proposed findings of fact and conclusions of law before the hearing.
Document Type
Proposed Findings Conclusions
Filing & Service rules
Electronic Filing Rules
Lawyers admitted pro hac vice must register for the Court’s CM/ECF system within seven days of the admission order.
Any lawyer admitted pro hac vice must register for the Court’s CM/ECF system within seven days of the Order.
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Page 2 | I. GENERAL MATTERS (pro hac vice)
Filing Timing and Cure Windows
Counsel must submit a joint Rule 26(f) report with a proposed discovery plan to chambers at least three business days before the pretrial conference, or the parties will have no voice at the scheduling conference and may face sanctions.
At least three business days prior to the pretrial conference, counsel must submit to chambers a joint report of the Rule 26(f) meeting with a proposed discovery plan. The Rule 26(f) meeting should take place as early in the case as possible. The meeting should be a meaningful and substantive discussion to formulate the proposed discovery plan required by the Rule. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.
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Page 2 | II. CIVIL CASES - A. Rule 16 Conference
A response to a motion to compel must be filed within 5 days.
The responding party may file a response within 5 days, also limited to 5 pages of double-spaced 12-point font.
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Page 3 | II. Civil Cases - C. Discovery - 2. Discovery Conferences and Dispute Resolution
A pending motion to exceed the page limit does not extend or excuse the filing deadline for the principal filing.
A pending motion to exceed page limits does not relieve a party of its responsibility to comply with the filing deadline for the principal filing.
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Page 4 | II. Civil Cases - D. General Motion Practice - 3. Briefs / Legal Memoranda
Reply briefs must be filed within seven days after the non-moving party files its opposition brief.
Reply briefs must be filed within seven days of the date that a non-moving party files its opposition brief, may not exceed ten pages, and must be limited to issues newly raised in the opposing party’s response.
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Page 4 | II. Civil Cases - D. General Motion Practice - 3. Briefs / Legal Memoranda
Filing Fees and Waivers
Pro hac vice motions submitted without the required fee will be denied.
Judge Pappert will deny pro hac vice motions for which no fee is submitted.
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Page 2 | I. GENERAL MATTERS (pro hac vice)
Courtesy Copy Requirements
Two copies of the joint exhibit book should be provided to the Court at the final pretrial conference.
Counsel should provide two copies of the joint exhibit book to the Court at the final pretrial conference.
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Page 8 | 13. Preparation of Exhibits
Judge Pappert welcomes (but does not require) copies of appellate briefs when one of his decisions is appealed.
Judge Pappert welcomes copies of appellate briefs when a decision he has made is appealed.
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Page 10 | IV. OTHER MATTERS - A. Briefs of Cases on Appeal
Sealing & Redaction Procedures
Judicial records are presumptively public, and any party seeking to shield them from public view must prove the interest in secrecy outweighs the presumption of public access.
The public has a presumed right of access to judicial records and documents. Any party wishing to shield such records and documents from public view must prove why the interest in secrecy outweighs the presumption of public access.
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Page 4 | II. Civil Cases - C. Discovery - 3. Protective Orders, Confidentiality Agreements and Motions to Seal
Filing Bundling Requirements
All grounds for relief must be presented in a single, comprehensive motion rather than divided into separate motions for each 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 should include all bases for relief.
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Page 4 | II. Civil Cases - D. General Motion Practice - 1. Motions
Reply briefs are not permitted on motions in limine.
Any brief or memorandum filed in support of or in opposition to a motion in limine must be limited to 5 pages of double-spaced 12-point font. Reply briefs are not permitted.
The quote is in the court's document. The summary is not checked yet.
Page 7 | 7. Motions In Limine
Trial briefs should not be submitted unless requested by the Court.
Parties should not submit a trial brief unless requested to do so by the Court.
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Page 7 | 6. Trial Briefs
Pre-Motion Conference Requirements
Parties must make a reasonable effort to resolve discovery disputes on their own before seeking Court intervention.
The parties, however, shall make a reasonable effort to resolve discovery disputes before seeking Court intervention.
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Page 3 | II. Civil Cases - C. Discovery - 2. Discovery Conferences and Dispute Resolution
Sur-reply briefs may not be filed unless the Court grants leave upon a party's motion.
Sur-reply briefs are not permitted unless leave to file is granted upon motion of a party.
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Page 4 | II. Civil Cases - D. General Motion Practice - 3. Briefs / Legal Memoranda
In criminal cases, Judge Pappert generally holds a telephone scheduling conference with counsel shortly after arraignment and then issues a Scheduling Order governing speedy trial issues, discovery, the time for filing motions, and the trial date.
Judge Pappert will generally hold a telephone scheduling conference with counsel in criminal cases shortly after arraignment. At the conclusion of the conference, the Court will issue a Scheduling Order governing speedy trial issues, discovery, time for filing motions and the trial date.
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Page 10 | III. CRIMINAL CASES - C. Pretrial Conferences
Before a telephone conference on a discovery dispute, the Court may require the parties to submit a joint letter to chambers explaining the dispute and the relief requested.
Judge Pappert may require the parties to submit a joint letter to chambers explaining the dispute and requested relief prior to any telephone conference.
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Page 3 | II. Civil Cases - C. Discovery - 2. Discovery Conferences and Dispute Resolution
TRO and preliminary injunction requests are promptly listed, and the Court may hold a pre-hearing conference to discuss discovery, narrow issues, and allocate hearing time.
Judge Pappert will promptly list any request for a temporary restraining order or a preliminary injunction assigned to him. He may hold a pre-hearing conference to discuss discovery, narrow the issues in contention and allocate time for the hearing.
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Page 5 | E. Injunctions
Adjournment & Extension Requirements
Parties must adhere to all Scheduling Order dates unless there is a compelling reason, and counsel must advise the Court immediately of any compelling reason for an extension or continuance.
Parties are expected to adhere to all dates contained in the Scheduling Order unless there is a compelling reason to justify a change. Counsel should advise the Court immediately of any compelling reason justifying an extension or continuance of any scheduled date.
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Page 2 | II. CIVIL CASES - B. Continuances and Extensions
A party needing more than 25 pages must file a motion to exceed the page limit stating its reasons, before the memorandum deadline and with enough time for the Court to rule.
If a party believes that it will need more than 25 pages to explain its position to the Court, the party should file a motion to exceed the page limit, setting forth the reasons why the party believes it should be granted an exception to this rule. The motion to exceed the page limit should be filed prior to the memorandum deadline and allow the Court sufficient time to consider and rule on the motion.
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Page 4 | II. Civil Cases - D. General Motion Practice - 3. Briefs / Legal Memoranda
Extension or continuance requests may be made by letter that describes the basis in detail, notes all other counsel’s agreement or disagreement, and states the period of delay requested.
Such a request may be made by letter, describing in detail the basis for the request, noting the agreement or disagreement of all other counsel and setting forth the period of delay requested.
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Page 2 | II. CIVIL CASES - B. Continuances and Extensions
Settlement negotiations, summer scheduling difficulties, obligations in other cases, and failure to diligently conduct discovery do not qualify as compelling reasons for extending a scheduled date.
Circumstances which do not constitute compelling reasons for the extension of a scheduled date include, but are not limited to, settlement negotiations, scheduling difficulties in the “summer months,” counsel’s obligations in other cases and not diligently conducting discovery prior to the request for an extension.
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Page 2 | II. CIVIL CASES - B. Continuances and Extensions
In standard track civil cases discovery must generally be completed within 90 to 120 days after the Rule 16 conference, and counsel seeking additional time should raise it at the Rule 16 conference or a subsequent status conference.
In standard track cases, the Court usually allows from 90 to 120 days from the date of the Rule 16 conference to complete discovery. If counsel anticipates that additional time for discovery will be required, they should raise the issue at the Rule 16 conference or any subsequent status conference.
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Page 3 | II. Civil Cases - C. Discovery - 1. Length of Discovery Period
Chambers Communication Rules
Counsel are prohibited from using cell phones on any telephone conferences with the Court.
Counsel may not use cell phones on any telephone conferences with the Court.
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Page 1 | I. GENERAL MATTERS - C. Telephone Conferences
In civil cases, counsel for the moving party must initiate the telephone conference and contact the Judge through his Civil Deputy Clerk once all parties are on the call.
In a civil case, counsel for the moving party will be responsible for initiating the telephone conference and contacting Judge Pappert through his Civil Deputy Clerk after all parties are present on the call.
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Page 1 | I. GENERAL MATTERS - C. Telephone Conferences
In criminal cases, the United States Attorney’s Office must initiate the telephone conference call and contact the Judge through his Criminal Deputy Clerk once all parties are on the call.
In a criminal case, the United States Attorney’s Office will be responsible for initiating the call and contacting Judge Pappert through his Criminal Deputy Clerk after all parties are present on the call.
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Page 1 | I. GENERAL MATTERS - C. Telephone Conferences
Telephone calls on civil and criminal cases must go to Courtroom Deputy Clerk Katie Rolon at 267-299-7530, and direct communication with law clerks is prohibited.
Telephone calls regarding civil and criminal cases should be directed to Judge Pappert’s Courtroom Deputy Clerk, Katie Rolon, at 267-299-7530. Direct communication with law clerks is prohibited.
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Page 1 | I. GENERAL MATTERS - B. Correspondence with the Court
Counsel and pro se parties may correspond with the Court only regarding scheduling, discovery disputes, routine matters, or settlement notice; all other communications must be made by formal filing.
Counsel and pro se parties may correspond with the Court concerning scheduling, discovery disputes, routine matters or to advise the Court that a case has been settled. All other communications with the Court should be made by the filing of pleadings, motions, applications, briefs or similar filing permitted by the Federal Rules of Civil or Criminal Procedure or the Local Rules of Criminal or Civil Procedure.
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Page 1 | I. GENERAL MATTERS - B. Correspondence with the Court
Counsel should generally discuss matters with opposing counsel before raising them with the Court and, when communicating with the Court, must be prepared to state opposing counsel's position.
In general, Judge Pappert expects counsel to bring matters to his attention only after they have been discussed with opposing counsel. When communicating with the Court, counsel shall be prepared to state the position of opposing counsel.
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Page 10 | IV. OTHER MATTERS - B. Consultation with Opposing Counsel
Judge Pappert permits telephone conferences with the Court to resolve disputes arising during depositions that would otherwise have to be adjourned.
Judge Pappert permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.
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Page 3 | II. Civil Cases - C. Discovery - 2. Discovery Conferences and Dispute Resolution
Judge Pappert encourages parties to address routine discovery disputes through scheduled telephone conferences with the Court.
Judge Pappert encourages parties to address routine discovery disputes through the scheduling of a telephone conference.
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Page 3 | II. Civil Cases - C. Discovery - 2. Discovery Conferences and Dispute Resolution
Parties may request oral argument by letter or in the body of a motion or responsive pleading, and the Court will schedule argument when it believes argument will be helpful, particularly for dispositive motions.
If Judge Pappert believes oral argument will be helpful in deciding a matter, he will schedule it, particularly when it involves a dispositive motion. A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading.
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Page 4 | II. Civil Cases - D. General Motion Practice - 2. Oral Argument on Motions