Judge Jeffrey L. Schmehl
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- Not required
Exhibits, Sealed Case
- Upon request
Adjournments
- Final pretrial conference scheduled within 10 days of trial date
- Rule 26(f) meeting must occur within 21 days before Rule 16 conference
- Initial disclosures must be completed 7 days before Rule 16 conference
- Pretrial memoranda must be filed 7 days before pretrial conference
- Court grants continuances/extensions by stipulation if discovery cutoff or trial date unaffected
- Witness unavailability cannot delay trial commencement or progress.
- Written email request required for continuances or extensions affecting discovery cutoff or trial date, including basis and adversary position.
- +1 more
Request must include
Communication
Chambers
Phone
Clerk
Phone
Chambers
Letter via ECF
Chambers
Letter via fax
Chambers
Page & Word Limits9 rules
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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. No further briefs may be filed.
Summary: Reply briefs limited to 10 pages, filed within 7 days of opposition brief service; sur-replies prohibited.
Reply
10 pages
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Any brief or memorandum should be limited to twenty-five pages. If a party requires more than twenty-five pages to explain its position to the court, a motion to exceed the page limit should be filed, setting forth good cause for granting an exception.
Summary: Briefs and memoranda limited to 25 pages; motion with good cause required to exceed limit.
Brief
25 pages
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The motion shall not exceed five pages, shall not contain exhibits, and shall not include a memorandum of law.
Summary: Discovery motions limited to 5 pages without exhibits or memorandum of law.
Discovery Motion
5 pages
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limited to five pages and shall not include exhibits or a brief or memorandum of law.
Summary: Final pretrial memoranda limited to 5 pages, no exhibits or legal briefs.
Structured details unavailable. See the source text.
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The motion shall not exceed five pages, shall not contain exhibits, and shall not include a memorandum of law.
Summary: Discovery motions limited to 5 pages, no exhibits or memorandum of law.
5 pages
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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. Any brief or memorandum should be limited to twenty-five pages. If a party requires more than twenty-five pages to explain its position to the court, a motion to exceed the page limit should be filed, setting forth good cause for granting an exception.
Summary: Briefs/memoranda limited to 25 pages; motion to exceed requires showing good cause.
Brief
25 pages
Applies to: Attorney
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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. No further briefs may be filed.
Summary: Reply briefs limited to 10 pages and must be filed within 7 days of opposition brief.
Reply Brief
10 pages
Applies to: Attorney
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Judge Schmehl permits counsel to conduct all voir dire in civil cases. There is generally a time limit of thirty minutes for each side for voir dire.
Summary: Each side gets 30 minutes for voir dire in civil cases.
Structured details unavailable. See the source text.
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In most cases, the court permits up to thirty minutes for an opening statement and up to forty-five minutes for a summation or closing argument.
Summary: Opening statements limited to 30 minutes, summations to 45 minutes.
Structured details unavailable. See the source text.
Document Format Requirements5 rules
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All documents submitted shall be in Word format.
Summary: All documents must be submitted in Word format.
DOCX
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All documents submitted shall be in Word format.
Summary: All documents must be submitted in Word format.
DOCX
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Each proposed instruction should be on a separate sheet of paper, double spaced, and should include citation to specific authority.
Summary: Each proposed jury instruction must be on separate sheet, double spaced, with citations.
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Each proposed instruction should be on a separate sheet of paper, double spaced, and should include citation to specific authority. The court will not consider proposed instructions without citation to specific legal authority. Cases and model jury instructions that are cited should be accurately quoted and a page reference should be provided.
Summary: Each proposed jury instruction must be on a separate sheet, double spaced, with citations to specific authority including accurate quotes and page references.
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If 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). 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. After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.
Summary: Electronic documents must be produced as PDF/TIFF unless parties agree otherwise; native format requires particularized need.
Document Filing Requirements33 rules
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At least three business days prior to the pretrial conference, counsel must complete and submit to my Reading chambers, by email, the joint status report of the Rule 26(f) meeting.
Summary: Joint Rule 26(f) status report must be emailed to chambers 3 business days before Rule 16 conference
Structured details unavailable. See the source text.
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Lead trial counsel must attend the Rule 16 conference. Counsel taking part in any pre-trial conference must be prepared to speak on every subject, including settlement, and have authority from their clients to do so.
Summary: Lead trial counsel must attend Rule 16 conference with authority to discuss all subjects
Document Type
Pretrial Conference
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The parties are expected to complete all discovery prior to the date of the arbitration hearing.
Summary: All discovery must be completed before arbitration hearing.
Document Type
Arbitration
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Ordinarily, neither discovery nor dispositive motions will be allowed after the arbitration hearing.
Summary: No discovery or dispositive motions after arbitration hearing.
Document Type
Post Arbitration
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Judge Schmehl requires submission of proposed findings of fact and conclusions of law for TRO and injunction hearings. The court will set the time for submission of these items at the pre-hearing conference.
Summary: Proposed findings of fact and conclusions of law required for TRO and injunction hearings.
Document Type
Proposed Findings Conclusions
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Judge Schmehl requires submission of proposed findings of fact and conclusions of law for TRO and injunction hearings.
Summary: Proposed findings of fact and conclusions of law must be submitted for TRO and injunction hearings.
Document Type
Proposed Findings Conclusions
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Judge Schmehl typically requires motions in limine to be filed ten days before trial.
Summary: Motions in limine must typically be filed ten days before trial.
Document Type
Motion
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The court will not consider proposed instructions without citation to specific legal authority.
Summary: Proposed jury instructions without citations will not be considered.
Document Type
Jury Instructions
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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 JMOL and involuntary dismissal must be in writing.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Judge Schmehl typically requires that the parties submit proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories for the jury no later than ten days before the trial. Counsel should submit a copy of the proposed jury instructions to chambers via email.
Summary: Proposed jury instructions must be submitted no later than ten days before trial via email to chambers.
Document Type
Jury Instructions
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Cases and model jury instructions that are cited should be accurately quoted and a page reference should be provided.
Summary: Cited cases and model instructions must be accurately quoted with page references.
Document Type
Jury Instructions
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Judge Schmehl typically requires that the parties submit proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories for the jury no later than ten days before the trial.
Summary: Proposed jury instructions and verdict forms due 10 days before trial.
Document Type
Jury Instructions
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Counsel should submit a copy of the proposed jury instructions to chambers via email.
Summary: Proposed jury instructions must be emailed to chambers.
Document Type
Jury Instructions
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Proposed findings of fact and conclusions of law in non-jury cases should be submitted to chambers via email at least seven days before the trial date.
Summary: Proposed findings and conclusions due 7 days before trial, emailed to chambers.
Document Type
Proposed Findings Conclusions
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Proposed findings of fact and conclusions of law in non-jury cases should be submitted to chambers via email at least seven days before the trial date.
Summary: Proposed findings of fact and conclusions of law in non-jury cases must be emailed to chambers at least seven days before trial.
Document Type
Proposed Findings Conclusions
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If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(3), the court expects an oral or videotaped deposition to be used at trial for that witness, whether the witness is a party, a non-party, or an expert.
Summary: Unavailable witnesses must have oral or videotaped deposition used at trial.
Document Type
Deposition
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Counsel should submit proposed voir dire questions in writing seven days before the trial date.
Summary: Proposed voir dire questions must be submitted in writing 7 days before trial.
Document Type
Voir Dire Questions
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This form should be submitted to Chambers by email (preferred) or hard copy.
Summary: Joint Status Report must be submitted to Chambers by email (preferred) or hard copy.
Document Type
Joint Status Report
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No later than , to promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison").
Summary: Each party must designate an e-discovery liaison by a specified date.
Document Type
E Discovery
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The parties shall discuss the parameters of their anticipated e-discovery at the Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16 conference with the court.
Summary: Parties must discuss e-discovery parameters at Rule 26(f) and be prepared to address at Rule 16 conference
Document Type
Pretrial Conference Preparation
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If a party modifies a model jury instruction, the additions should be underlined and deletions should be placed in brackets.
Summary: Modifications to model jury instructions must show additions underlined and deletions in brackets.
Document Type
Jury Instructions
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Any party expecting to offer lay opinion testimony pursuant to Federal Rule of Evidence 701 regarding issues of liability or damages shall provide the opposing parties with information or documents supporting the testimony at the time required for submission of expert reports.
Summary: Lay opinion testimony under FRE 701 requires supporting documents at expert report deadline.
Document Type
Lay Opinion Testimony
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Parties should submit a trial brief only if a new or unique point of law is involved.
Summary: Trial briefs are required only when a new or unique point of law is involved.
Document Type
Trial Brief
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The parties may submit revised or supplemental findings of fact and conclusions of law with specific reference to trial evidence at the conclusion of the case.
Summary: Revised findings/conclusions may be submitted after trial with trial evidence references.
Document Type
Proposed Findings Conclusions
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After the jury has been instructed and taken to the jury room to begin deliberations, the court and counsel will discuss which exhibits should go out with the jury for their consideration during deliberations.
Summary: Court and counsel discuss which exhibits go to jury after jury begins deliberations.
Document Type
Jury Deliberations
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In cases where the number of witnesses for damages greatly exceeds the number of witnesses for liability, Judge Schmehl may bifurcate the trial of the case.
Summary: Trial may be bifurcated when damages witnesses greatly exceed liability witnesses.
Document Type
Trial Bifurcation
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At the jury’s request, the court may permit the Deputy Clerk to read portions of testimony back to the jury or to replay the audio or video-taped testimony.
Summary: Deputy Clerk may read back testimony or replay tapes at jury's request.
Document Type
Jury Deliberations
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Judge Schmehl strongly encourages counsel to stipulate to as many matters as possible before trial, including undisputed facts, exhibits, jury instructions, and special interrogatories.
Summary: Counsel encouraged to stipulate to undisputed facts, exhibits, jury instructions, and special interrogatories before trial.
Document Type
Stipulations
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Ordinarily, the court will submit interrogatories to the jury. The Courtroom Deputy will take the verdict in the presence of the court, counsel, and the parties.
Summary: Court submits interrogatories to jury; Courtroom Deputy takes verdict in presence of court, counsel, and parties.
Document Type
Jury Verdict
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The court will generally permit oral argument on a substantive motion in a criminal case upon request.
Summary: Oral argument generally permitted on substantive motions in criminal cases upon request.
Document Type
Oral Argument
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Judge Schmehl will allow counsel to interview jurors but will instruct the jury that they are not required to talk to the attorneys.
Summary: Judge allows counsel to interview jurors but instructs jury they are not required to talk to attorneys.
Document Type
Juror Interviews
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If requested by counsel, the court will poll the jury.
Summary: Court will poll jury if requested by counsel.
Document Type
Jury Polling
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No later than , to promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison"). Regardless of whether the e-discovery liaison is an attorney (in-house or outside counsel), a third party consultant, or an employee of the party, he or she must be: a. Familiar with the party's electronic systems and capabilities in order to explain these systems and answer relevant questions; b. Knowledgeable about the technical aspects of e-discovery, including electronic document storage, organization, and format issues; c. Prepared to participate in e-discovery dispute resolutions; and, d. Responsible for organizing the party's e-discovery efforts to insure
Summary: E-discovery liaison must be familiar with systems, knowledgeable about e-discovery, prepared for disputes, and organize efforts.
Document Type
E Discovery
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies only required for voluminous exhibits or sealed cases, after email confirmation.
Courtesy copies shall not be provided to chambers unless the exhibits are voluminous or the case is sealed. Prior to sending courtesy copies, counsel shall contact chambers via email to determine whether courtesy copies are necessary. If advised by chambers that the Court requires courtesy copies, counsel shall mail them to The Gateway Building, 201 Penn Street, 5th floor, Reading, Pennsylvania, 19601.
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Page 2 | II. CIVIL CASES
Courtesy copies are prohibited unless exhibits are voluminous or case is sealed; counsel must email chambers first to determine necessity.
Courtesy copies shall not be provided to chambers unless the exhibits are voluminous or the case is sealed. Prior to sending courtesy copies, counsel shall contact chambers via email to determine whether courtesy copies are necessary.
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Page 2 | I. PRELIMINARY GENERAL MATTERS - H. Courtesy Copies
If courtesy copies are required, they must be mailed to the Reading chambers address.
If advised by chambers that the Court requires courtesy copies, counsel shall mail them to The Gateway Building, 201 Penn Street, 5th floor, Reading, Pennsylvania, 19601.
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Page 2 | I. PRELIMINARY GENERAL MATTERS - H. Courtesy Copies
Sealing & Redaction Procedures
Confidentiality or sealing orders require a showing of good cause.
The court will only approve confidentiality or sealing orders for good cause shown.
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Page 7 | D. Discovery
Confidentiality/sealing orders require good cause.
The court will only approve confidentiality or sealing orders for good cause shown.
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Page 7 | 3. Confidentiality Agreements
Filing Bundling Requirements
No Rule 16 conference or scheduling order in arbitration track cases (except de novo appeals).
Judge Schmehl will not hold a Rule 16 conference or issue a scheduling order in arbitration track cases, unless there is a de novo appeal from an arbitration award.
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Page 7 | F. Arbitration
Pre-Motion Conference Requirements
Telephone conference with court required before filing discovery motions.
In the event that a discovery dispute requires court intervention, the party contemplating a motion shall seek a telephone conference with the court before filing any motion. If the telephone conference fails to resolve the discovery dispute, the party seeking relief will be permitted to file an appropriate discovery motion.
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Page 6 | 2. Discovery Conferences and Dispute Resolution
Motions in limine must be filed 10 days before trial.
Judge Schmehl typically requires motions in limine to be filed ten days before trial.
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Page 10 | I. Trial Procedure
Adjournment & Extension Requirements
Rule 26(f) meeting must occur within 21 days before Rule 16 conference
The Rule 26(f) meeting should take place as early in the case as possible, but no later than twenty-one days before the scheduled Rule 16 conference.
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Page 3 | Rule 16 Conference
Initial disclosures must be completed 7 days before Rule 16 conference
Initial disclosures pursuant to Rule 26(a) shall be completed no later than seven days before the Rule 16 conference.
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Page 3 | Rule 16 Conference
Pretrial memoranda must be filed 7 days before pretrial conference
These memoranda shall be filed no later than seven days prior to the pretrial conference.
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Page 4 | Final Pretrial Conference
Final pretrial conference scheduled within 10 days of trial date
There will be a final pretrial conference within ten days of the trial date.
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Page 4 | Final Pretrial Conference
Written email request required for continuances or extensions affecting discovery cutoff or trial date, including basis and adversary position.
If a continuance or extension will affect the discovery cutoff or trial date, counsel should make a written request via email which sets forth the basis for the continuance or extension and indicates whether the other party or parties agree to or oppose the request.
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Page 5 | C. General Motion Practice
Continuance requests must be submitted via email only; motions for continuances are prohibited. Continuances require stipulation of all parties and cannot affect discovery cutoff or trial date.
Continuance requests must be put in writing via email only. The parties shall not file motions seeking continuances of deadlines. The court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension does not affect the discovery cutoff or trial date.
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Court grants continuances/extensions by stipulation if discovery cutoff or trial date unaffected
The court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension does not affect the discovery cutoff or trial date.
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Page 4 | Continuances and Extensions
Witness unavailability cannot delay trial commencement or progress.
The unavailability of such witness will not be a ground to delay the commencement or progress of trial.
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Page 12 | Unavailability of Witnesses
Chambers Communication Rules
Fax communications are not accepted by chambers.
Faxes are not accepted.
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Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Continuance requests must be submitted in writing via email only
Continuance requests must be put in writing via email only.
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Page 4 | Continuances and Extensions
Counsel should not communicate with law clerks unless contacted first; law clerks cannot grant continuances or give legal advice.
Law clerks have no authority to grant continuances or to give advice on substantive or procedural matters. Therefore, unless contacted by a law clerk, counsel should not communicate with the law clerk.
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Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Counsel must provide phone numbers and be available to return to courthouse within 10-15 minutes during jury deliberations.
phone numbers with the Civil or Criminal Deputy Clerk and be able to return to the courthouse within ten to fifteen minutes.
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Page 14 | Jury Deliberations
Telephone inquiries for civil and criminal cases must be directed to Deputy Clerk Brian R. Dixon at 610-320-5099.
Telephone inquiries regarding civil and criminal cases should be directed to Brian R. Dixon, Deputy Clerk, at 610-320-5099.
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Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Email is the preferred method for written correspondence with chambers.
Email is preferred for most written correspondence with chambers, and the address is Chambers_of_Judge_Jeffrey_L_Schmehl@paed.uscourts.gov.
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Page 1 | I. PRELIMINARY GENERAL MATTERS - B. Correspondence with the Court
Telephone conferences are permitted to resolve deposition disputes that would otherwise require adjournment.
Judge Schmehl permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.
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Page 7 | D. Discovery
Telephone conferences allowed to resolve deposition disputes.
Judge Schmehl permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.
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Page 7 | I. DEPOSITIONS
TRO and preliminary injunction requests will be promptly listed.
Judge Schmehl will promptly list any request for a temporary restraining order ("TRO") or a preliminary injunction assigned to him.
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Page 8 | H. Injunctions
Scheduling questions must be directed to the Civil Deputy Clerk via email.
Questions relating to scheduling matters should be directed to Judge Schmehl's Civil Deputy Clerk via email.
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Page 9 | I. Trial Procedure - 1. Scheduling Cases
Proposed jury instructions must be submitted to chambers via email.
Counsel should submit a copy of the proposed jury instructions to chambers via email.
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Page 11 | 17. Proposed Jury Instructions and Verdict Forms
Proposed findings of fact and conclusions of law must be submitted to chambers via email.
Proposed findings of fact and conclusions of law in non-jury cases should be submitted to chambers via email at least seven days before the trial date.
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Page 12 | 18. Proposed Findings of Fact and Conclusions of Law
Judge generally does not hold telephone scheduling conferences in criminal cases unless requested; scheduling handled by Criminal Deputy Clerk.
Judge Schmehl does not generally hold a telephone scheduling conference with counsel in criminal cases, unless counsel specifically request one. All scheduling of criminal matters is handled by the Judge’s Criminal Deputy Clerk.
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Page 14 | Criminal Cases
The Joint Status Report form must be submitted to Chambers by email (preferred) or hard copy.
This form should be submitted to Chambers by email (preferred) or hard copy.
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Page 1 | Submission Instructions
Email address for submitting Joint Status Report to Judge Schmehl's Chambers.
Chambers_of_Judge_Jeffrey_L_Schmehl@paed.uscourts.gov
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Page 1 | Joint Status Report
Junior Lawyer Participation Incentives
Multiple attorneys may examine different witnesses or argue different points, but only one per side may address the jury.
More than one attorney for a party may examine different witnesses or argue different points of law before the court. Only one attorney for each side may examine the same witness or address the jury during the opening statement or summation.
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Page 10 | I. Trial Procedure