Judge Joshua D. Wolson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy Copy
Sealed Filing
- Email • Upon Filing
Sealed Filing, Motion
- Upon Filing
Adjournments
- Requests to reschedule the Rule 16 scheduling conference must be made as early as possible and based on a pre-existing commitment.
- Continuances of trial dates or scheduled court events are only granted in extreme circumstances.
- Non-trial date extension requests are considered upon an appropriate showing of good cause.
- +2 more
Request must include
- Continuance/extension requests must include the appropriate request type in the email subject line, require conferring with opposing counsel and stating their position, and must be made at least 7 days before the applicable deadline (text incomplete).
Communication
Chambers
Phone
Chambers
Page & Word Limits3 rules
Machine summary. Not checked yet.Mandatory?
Opening briefs in support of and in opposition to a motion shall not exceed 25 pages, unless counsel includes a certification that the brief contains no more than 8,750 words. Replies shall not exceed 10 pages or 3,500 words, and sur-replies shall not exceed seven pages or 2,450 words.
Summary: Opening and opposition briefs are limited to 25 pages (or 8,750 words with a word count certification), replies to 10 pages (or 3,500 words), and sur-replies to 7 pages (or 2,450 words).
Opening Brief
25 pages
Applies to: Attorney
Opposition Brief
25 pages
Applies to: Attorney
Opening Brief
8,750 words
Applies to: Attorney
Opposition Brief
8,750 words
Applies to: Attorney
Reply Brief
10 pages
Applies to: Attorney
Reply Brief
3,500 words
Applies to: Attorney
Sur Reply Brief
7 pages
Applies to: Attorney
Sur Reply Brief
2,450 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If the parties cannot reach agreement, then they must submit to Judge Wolson a letter, via email, that does not exceed five single-spaced pages that sets forth each issue to be raised in the motion and each Party’s substantive position with respect to that issue.
Summary: Pre-motion letters to Judge Wolson must not exceed five single-spaced pages.
Premotion Letter
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.
Summary: Briefs describing the dispute for discovery motions are limited to 5 pages or 1,750 words, excluding exhibits.
Discovery Motion Brief
5 pages
Applies to: Attorney
1,750 words
Applies to: Attorney
Document Format Requirements11 rules
Machine summary. Not checked yet.Mandatory?
Parties should not submit pleadings from the case before Judge Wolson. For example, there is no need to attach a copy of a complaint to a Motion to Dismiss. Judge Wolson can retrieve those documents from the CM/ECF system. Nor should parties submit pleadings from other federal cases. It is enough to cite the pleading by court, case number, and docket number. Judge Wolson will retrieve the pleading from the CM/ECF
Summary: Do not submit pleadings from the current case before Judge Wolson (cite instead); do not submit pleadings from other federal cases (cite by court, case number, docket number instead).
Machine summary. Not checked yet.Mandatory?
Parties should submit deposition testimony and other transcripts to Judge Wolson as full-sized pages, not miniscripts. In addition, parties submitting deposition transcripts should provide only a cover page identifying the witness and relevant pages from the transcripts. Parties should not submit the entire transcript unless the entire transcript is relevant to the issue.
Summary: Deposition testimony and transcripts must be submitted as full-sized pages, with only a cover page identifying the witness and relevant pages; full transcripts are only allowed if entirely relevant.
Machine summary. Not checked yet.Mandatory?
To the extent that a document is scanned, as opposed to converted from Word or another format, the party submitting the document must use optical character recognition (OCR) or other comparable technology to ensure the exhibit’s searchability.
Summary: Scanned exhibits must use optical character recognition (OCR) or comparable technology to ensure text searchability.
Machine summary. Not checked yet.Mandatory?
All exhibits must be text searchable.
Summary: All exhibits filed with the court must be text searchable.
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Counsel must file text-searchable versions of their briefs on the CM/ECF system.
Summary: Counsel must file text-searchable versions of all briefs on the CM/ECF system.
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Any briefs longer than 10 pages must include a table of contents.
Summary: Briefs longer than 10 pages must include a table of contents.
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All written submissions to Judge Wolson must be double-spaced, in at least 12-point font with at least one-inch margins. A party may use any proportionally spaced font. All footnotes shall appear in the same font and font size as the body of the submission.
Summary: All written submissions to Judge Wolson must be double-spaced, use at least 12-point proportionally spaced font, have at least 1-inch margins, and footnotes must match the body font and size.
Machine summary. Not checked yet.Mandatory?
All written submissions to Judge Wolson must be double-spaced, in at least 12-point font with at least one-inch margins. A party may use any proportionally spaced font.
Summary: All written submissions must be double-spaced, at least 12-point font, 1-inch margins, and use any proportionally spaced font.
Machine summary. Not checked yet.Mandatory?
All footnotes shall appear in the same font and font size as the body of the submission.
Summary: Footnotes must use the same font family and size as the body of the written submission.
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Each point for charge and proposed jury interrogatory shall be numbered and on a separate sheet of paper.
Summary: Each point for charge and proposed jury interrogatory must be numbered and placed on a separate sheet of paper.
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Parties should submit stipulations and proposed Orders as Word documents.
Summary: Parties are encouraged to submit stipulations and proposed orders in Word document format.
DOCX
Document Filing Requirements27 rules
Machine summary. Not checked yet.Mandatory?
The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will he deem those arguments preserved.
Summary: Substantive arguments are prohibited in footnotes of written submissions; such arguments will not be considered or preserved for appeal.
Document Type
Written Submission
Machine summary. Not checked yet.Mandatory?
unless counsel includes a certification that the brief contains no more than 8,750 words.
Summary: Briefs using the word count limit instead of the page limit must include a certification that the brief contains no more than the applicable word count.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Parties may not make additional submissions, whether captioned as a brief, a letter, a notice, or anything else, other than to notify Judge Wolson of subsequent binding authority.
Summary: Parties are prohibited from making additional submissions except to notify the court of subsequent binding authority.
Document Type
Any
Machine summary. Not checked yet.Mandatory?
Counsel should file replies and sur-replies only when necessary. Such briefs must be concise and address only new issues raised by opposing counsel. Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.
Summary: Replies and sur-replies should only be filed when necessary, must be concise, address only new issues raised by opposing counsel, and should not rehash previous arguments.
Document Type
Reply Brief, Sur Reply Brief
Machine summary. Not checked yet.Mandatory?
A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.
Summary: Summary judgment motions must be accompanied by a joint consolidated statement of facts and joint set of all cited exhibits.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;
Summary: Response to statement of undisputed facts must include each response directly under the original paragraph, citations to evidence creating material dispute or arguing moving party's evidence is insufficient, and any additional facts for summary judgment briefing.
Document Type
Response To Statement Of Facts
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a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;
Summary: Statement of undisputed material facts must be in numbered, paragraph-by-paragraph format with specific citations to supporting exhibits or testimony.
Document Type
Statement Of Undisputed Material Facts
Machine summary. Not checked yet.Mandatory?
Parties may not incorporate by reference arguments from other briefs in the case, including briefs filed by other parties or briefs filed earlier in the case. If a party needs to repeat an argument that was made earlier in the case, then that party must include the substance of the argument in the brief. If a party purports to incorporate an argument by reference, Judge Wolson will not consider the argument.
Summary: Parties are prohibited from incorporating by reference arguments from other briefs; repeated arguments must be included in full in the brief, or they will not be considered.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Parties shall not respond to a motion for reconsideration absent a Court Order.
Summary: Parties are prohibited from responding to a motion for reconsideration unless the Court orders a response.
Document Type
Response
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In filing a discovery motion, the certificate of counsel must provide specific details of the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” Judge Wolson will deny a discovery motion that does not meet these requirements.
Summary: Discovery motions' certificate of counsel must detail informal resolution efforts, including verbal communications; emails/letters alone are insufficient, and vague 'reasonable efforts' claims are prohibited.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
All motions must contain the certification required under Local Civil Rule 26.1(f).
Summary: All motions must include the certification required by Local Civil Rule 26.1(f).
Document Type
Motion
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All discovery motions must attach the discovery requests at issue, as well as the written response.
Summary: Discovery motions must include attachments of the relevant discovery requests and written responses.
Document Type
Discovery Motion
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Parties preparing privilege logs must provide information sufficient for the opposing party to determine the basis for the assertion of privilege. For claims of privilege covering multiple e-mails, the party asserting privilege must describe the specific e-mails that are being withheld, as opposed to only the e-mail at the top of the e-mail string, and the basis for withholding each e-mail. Where several e-mails are exchanged between individuals, and the same privilege claim applies to all those e-mails, the party asserting privilege may describe the e-mails collectively, rather than one-by-one.
Summary: Privilege logs must provide sufficient information for the opposing party to determine the privilege basis; for multiple withheld emails, each must be described unless the same privilege applies to all, allowing collective description.
Document Type
Privilege Log
Machine summary. Not checked yet.Mandatory?
When a party submits a pretrial memorandum, it must include all matters set forth in Local Rule of Civil Procedure 16.1, as well as its position on whether Judge Wolson should impose time limits on each side’s trial presentation and, if Judge Wolson does impose a time limit, what that limit should be.
Summary: Pretrial memoranda must include all matters required by Local Rule of Civil Procedure 16.1, plus the party’s position on trial time limits and proposed limit if applicable.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
Any request for a protective order or approval of a confidentiality agreement must be made by motion. Judge Wolson will not accept stipulated proposed orders in lieu of a motion.
Summary: Requests for protective orders or confidentiality agreement approvals must be filed as motions; stipulated proposed orders are not accepted in lieu of a motion.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
If the parties want Judge Wolson to retain jurisdiction to enforce a settlement, they must place the agreement on the docket or include all material terms in a stipulation of dismissal.
Summary: Parties seeking to have Judge Wolson retain jurisdiction to enforce a settlement must either place the settlement agreement on the docket or include all material terms of the agreement in the stipulation of dismissal.
Document Type
Stipulation Of Dismissal
Machine summary. Not checked yet.Mandatory?
Any motion for a continuance of a trial date must be accompanied with a first trial listing.
Summary: Continuance motions for trial dates must include a first trial listing.
Document Type
Motion
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The order shall include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.
Summary: Proposed orders for continuances must include a finding explaining why ends of justice outweigh speedy trial interests.
Document Type
Proposed Order
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A party seeking a continuance must submit a motion stating the reasons for the request. Any such motion must be accompanied by a proposed order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161.
Summary: Continuance motions must state reasons for request and include a proposed order complying with the Speedy Trial Act.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Any briefs longer than ten pages must include a table of contents.
Summary: Briefs exceeding 10 pages must contain a table of contents.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will it deem those arguments preserved.
Summary: Substantive arguments in footnotes are prohibited and will not be considered or preserved.
Document Type
Written Submission
Machine summary. Not checked yet.Mandatory?
The memorandum shall include the elements of
Summary: Guilty plea memoranda must include elements of the offense (text cut off).
Document Type
Guilty Plea Memorandum
Machine summary. Not checked yet.Mandatory?
At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.
Summary: Pre-trial memoranda must include essential elements, facts, witness list, witness testimony, and legal issues.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
If liability for restitution is joint and several, then the Government shall itemize the restitution amount for which each defendant is responsible.
Summary: For joint and several restitution liability, the Government must itemize each defendant's restitution responsibility in its sentencing memorandum.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
If a defendant is responsible for restitution, then the Government must submit information in its sentencing memorandum to enable Judge Wolson to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount.
Summary: Government sentencing memoranda must include detailed restitution information if the defendant is responsible for restitution.
Document Type
Sentencing Memorandum
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In all written submissions to Judge Wolson, citations to documents on the docket, e.g., “Indictment,” should identify those documents by ECF number.
Summary: Citations to docket documents in written submissions should include the document's ECF number.
Document Type
Written Submission
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Following a hearing on a motion to suppress, Judge Wolson might request the submission of post-hearing briefs or proposed findings of fact and conclusions of law. Judge Wolson will establish a schedule of these submissions after the suppression hearing.
Summary: Post-hearing briefs or proposed findings may be required after suppression hearings, with schedule set by judge.
Document Type
Post Hearing Brief
Filing & Service rules
Electronic Filing Rules
Exhibits filed via ECF must be separate documents with identifying names (not generic labels like “Exhibit A”); single “Exhibits” files will be struck.
When submitting exhibits via ECF, parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If Judge Wolson receives a filing with a single document marked “Exhibits,” he will strike the filing. In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document. Thus, it is not sufficient to label a file “Exhibit A.” Instead, the name should be “Contract,” “Declaration of John Smith,” or some other reference that permits Judge Wolson to identify what the exhibit is without having to open the file.
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Page 6 | 1.
Lawyers admitted pro hac vice must register for the Court’s CM/ECF system within seven days of the admission order, or their pro hac admission will be cancelled and orders will not be mailed to them.
Any lawyer admitted pro hac vice must register for the Court’s CM/ECF system within seven days of the Order. If a lawyer fails to register, Judge Wolson will sua sponte cancel the pro hac admission. Judge Wolson will not mail orders to lawyers admitted pro hac vice who do not register for CM/ECF.
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Page 10
Joint Rule 26(f) status reports must be submitted to Judge Wolson via email using the provided sample form.
Parties must submit that report to Judge Wolson via email. The parties must use Judge Wolson’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.
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Page 12 | A. Pretrial Procedures
Parties must email all stipulations and proposed orders to Chambers instead of filing them on the court docket.
Contrary to Local Civil Rule 5.1.2(9), parties must email all stipulations and proposed orders to Chambers rather than filing them on the docket.
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Page 13 | A. Stipulations and proposed Orders
Attorneys must file searchable briefs on the CM/ECF electronic system.
Counsel must post searchable versions of their briefs to the CM/ECF system.
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Page 23 | A. Motions
Filing Timing and Cure Windows
Joint Rule 26(f) status reports must be filed at least seven days before the Rule 16 scheduling conference.
A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.
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Page 12 | A. Pretrial Procedures
Replies and sur-replies must be filed no later than seven days after the previous filing.
Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.
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Page 14 | B. Motion Practice 2. Replies and sur-replies
Parties arguing expert testimony inadmissibility in a summary judgment motion or opposition must raise the argument in a separate, contemporaneously filed Daubert motion, not in the summary judgment briefing.
If a party’s motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. The argument must be the subject of a separate motion.
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Page 17 | II. CIVIL CASES
Government must file guilty plea memorandum at least 3 business days before change of plea hearing.
The Government must submit a guilty plea memorandum at least three business days prior to a change of plea hearing.
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Page 24 | E. Guilty Plea Memoranda
Government must file pre-trial memorandum at least 7 days before trial, including required content.
At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.
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Page 24 | D. Trial Memoranda
All parties must file sentencing memoranda no later than 7 calendar days before the scheduled sentencing date.
Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.
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Page 25 | F. Sentencing
Responses to sentencing motions must be filed at least 3 calendar days before the scheduled sentencing date.
Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.
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Page 25 | F. Sentencing
Sentencing motions and supporting memoranda must be filed at least 7 calendar days before the scheduled sentencing date.
Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.
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Page 25 | F. Sentencing
In non-2255 habeas corpus matters, the relevant government agency must respond to motions or objections within 14 days unless granted a court-ordered extension.
In all other habeas corpus matters, Judge Wolson will not pre-screen prisoner submissions to determine if it requires a response. Instead, Judge Wolson expects the relevant Government agency (whether a County, the Commonwealth, the United States, or otherwise) to respond to motions or objections within 14 days, absent a Court-ordered extension.
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Page 27 | Habeas Matters
Defendants may optionally file pre-trial memoranda on the same 7-day before trial schedule as the Government.
The defendant is not required to file a pre-trial memorandum but may do so on the same schedule as the Government.
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Page 24 | D. Trial Memoranda
Service and Proof of Service Rules
Moving parties must serve the statement of undisputed material facts on all parties at least 28 days before the summary judgment motion deadline.
At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;
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Page 16 | 5. Summary judgment motions
Responding parties must serve their response to the statement of undisputed facts on all parties at least 14 days before the summary judgment motion deadline.
At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;
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Page 16 | 5. Summary judgment motions
Filing Fees and Waivers
Pro hac vice motions will be denied if the required filing fee is not submitted.
Judge Wolson will deny pro hac vice motions for which no fee is submitted.
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Page 10
Courtesy Copy Requirements
Parties seeking to file material under seal must provide Judge Wolson with courtesy copies of all proposed sealed documents via email.
A party seeking leave to file material under seal must file its motion of record and provide Judge Wolson via email with courtesy copies of all documents that the party proposes to file under seal.
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Page 7 | D. Sealed And Redacted Documents
Courtesy copies are required for sealed filings and for motions with more than five exhibits.
Judge Wolson only requires courtesy copies in two circumstances: (1) for any filings made under seal; and (2) for any motions with more than five exhibits.
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Page 8 | E. Courtesy Copies
Courtesy copies must be emailed to WolsonCourtesyCopy@paed.uscourts.gov with required subject line content, using e-filed versions with CM/ECF headers, proper file naming or coversheets, and no paper, Dropbox, or FTP submissions.
WolsonCourtesyCopy@paed.uscourts.gov and use the case caption, title of the filing, and ECF number in the subject line. Each submission should use the e-filed version that has the CM/ECF system’s header at the top of the page. Each document must either (a) be a separate file, with a file name that is consistent with the descriptive name that the document has on the CM/ECF system or (b) include a coversheet that identifies the corresponding entry on the CM/ECF system. Parties may not submit courtesy copies via Dropbox, FTP, or some other source that requires Judge Wolson to download files to the Court’s system. Instead, files should be emailed, even if that requires multiple emails. Parties also should not submit paper courtesy copies.
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Page 9
Sealing & Redaction Procedures
Redactions must not be so extensive as to render the document unreadable, in accordance with the common law right of public access.
In recognition of the common law right of public access, Judge Wolson requires parties redactions would be so extensive as to render the document unreadable.
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Page 7 | D. Sealed And Redacted Documents
A sealing motion must be filed contemporaneously with the material to be sealed, except in emergency situations where no advance or contemporaneous motion is required.
A party that seeks to file material under seal must file a sealing motion when it files the material that it seeks to seal. Except in emergency situations, a party may not file a document under seal (or redact necessary and/or substantive information) without a contemporaneous motion to seal the specified information (or without a motion filed in advance that identifies specific information to be placed under seal).
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Page 7 | D. Sealed And Redacted Documents
Parties filing material under seal must familiarize themselves with the sealing standard established in In re Avandia.
Any party seeking to file material under seal must familiarize itself with the standard set forth in In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924 F.3d 662 (3d Cir. 2019).
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Page 7 | D. Sealed And Redacted Documents
When filing a redacted document, the party must submit an unredacted version with highlighted proposed redactions to Chambers or via CM/ECF.
When filing a redacted document, a party must submit to Chambers or file on CM/ECF an unredacted version that highlights any portion that the party proposes to redact.
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Page 8 | D. Sealed And Redacted Documents
Parties must collaborate when filing sealing motions involving opponent-marked confidential material; non-cooperation may result in cost sanctions.
Judge Wolson expects parties to work together when filing motions to seal. That is, if a party seeks to file under seal material that an opponent has marked “confidential,” the parties must work together to prepare the required information (such as affidavits or other material necessary to carry the burden of placing material under seal). If a party fails in this obligation, Judge Wolson will consider imposing the costs of additional proceedings (including responses or reconsideration motions necessary to supplement the record) on that party.
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Page 8 | D. Sealed And Redacted Documents
Sealing motions or submissions designating more than 10 individual references for sealing will likely be referred to a special master, with costs split on a case-by-case basis.
For any motion or submission in which parties designate more than 10 individual references (that is, separate exhibits or different excerpts of single exhibits) for sealing, Judge Wolson will likely refer the sealing motion to a special master, and Judge Wolson will determine on a case-by-case basis how to split the special master’s costs.
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Page 8 | D. Sealed And Redacted Documents
Filing Bundling Requirements
For summary judgment motions, parties must prepare a consolidated statement of facts (structured with movant’s assertion/evidence, respondent’s response, and movant’s reply per paragraph) and joint exhibits; cross-motions require separate statements of facts but a single consolidated exhibit set, unless a party is a pro se prisoner.
The result of this process will be a single, consolidated statement of facts that permits Judge Wolson to see each party’s position on each factual assertion in one place. For example, for paragraph 1 in the statement of facts, Judge Wolson will see the movant’s factual assertion and supporting evidence, followed by the respondent’s response, followed by the movant’s reply, before moving to paragraph 2. The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. The joint set of exhibits must conform with Section I.C. of these Policies And Procedures. In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits. These procedures for a joint statement of facts do not apply to cases in which a party is a pro se prisoner.
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Page 17 | II. CIVIL CASES
Co-parties (multiple plaintiffs or defendants) must file joint motions unless there is a clear conflict in their positions.
When multiple plaintiffs or defendants appear in a case, they must file joint motions with their co-parties unless there are clear conflicts in their position.
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Page 18 | II. CIVIL CASES
Pre-Motion Conference Requirements
Parties filing Federal Rule of Civil Procedure 12 motions must hold a substantive verbal discussion with opposing counsel before the due date, submit a pre-motion letter if no agreement is reached, attend a pre-motion conference, and receive a briefing schedule if the dispute is unresolved.
Any Party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. For cases filed in this Court, that conversation must happen at least one week before the due date. For cases removed to this Court, a defendant that seeks to file a motion to dismiss must contact opposing counsel within three business days of the case being assigned to Judge Wolson. Counsel must have a substantive verbal discussion, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. If the parties cannot reach agreement, then they must submit to Judge Wolson a letter, via email, that does not exceed five single-spaced pages that sets forth each issue to be raised in the motion and each Party’s substantive position with respect to that issue. The parties must submit the letter to Judge Wolson by the deadline to respond to the Complaint, but in cases removed to this Court, the due date is extended by seven days if the parties are submitting a premotion letter. Judge Wolson will then attempt to resolve the dispute at a premotion conference, likely by phone or videoconference. If Judge Wolson cannot resolve the dispute at that conference, or if Judge Wolson determines that the conference will not facilitate resolution, then Judge Wolson will set a briefing schedule for the motion. This procedure may be filed without premotion letters.
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Page 15 | I. GENERAL MATTERS
A telephone conference with Judge Wolson is required before filing any responsive brief for a discovery motion.
Judge Wolson will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.
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Page 19
Prior leave of court is required to file a summary judgment motion in a bench trial; leave requests must be sent via letter to Judge Wolson within seven days after the close of discovery, explaining the grounds for the request.
Judge Wolson does not permit summary judgment motions in bench trials without prior leave of court. A party that seeks leave to file a summary judgment motion in a bench trial must send Judge Wolson a letter no more than seven days after the close of discovery explaining the grounds on which the party seeks leave to move.
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Page 21 | G. Bench Trials
Continuance requests may not be submitted by letter.
Judge Wolson does not permit continuance requests by letter.
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Page 24 | B. Trial Continuances
Hearing required for Government continuance requests where defendant does not sign waiver.
For a Government continuance request, where the defendant will not sign a waiver, Judge Wolson will hold a hearing.
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Page 24 | B. Trial Continuances
Suppression, Starks, and Daubert hearings are typically scheduled at least 14 days before trial.
Judge Wolson typically holds suppression, Starks, and Daubert hearings at least 14 days prior to trial.
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Page 24 | C. Pre-Trial Hearings
Adjournment & Extension Requirements
Requests to reschedule the Rule 16 scheduling conference must be made as early as possible and based on a pre-existing commitment.
If lead trial counsel is unable to attend, then Judge Wolson will reschedule the conference. However, any request to reschedule must be made as early as possible and must be based on a pre-existing commitment.
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Page 11 | A. Pretrial Procedures
Continuance/extension requests must include the appropriate request type in the email subject line, require conferring with opposing counsel and stating their position, and must be made at least 7 days before the applicable deadline (text incomplete).
Any request for a continuance or extension must include the words 'request for continuance' or 'request for extension,' as appropriate, in the subject line of the email. Judge Wolson expects counsel for the party requesting an extension to confer with opposing counsel and state opposing counsel’s position in the letter. Any request for an extension or continuance must be made at least seven (7) days before the applicable
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Page 20 | D. Extensions
Continuances of trial dates or scheduled court events are only granted in extreme circumstances.
Judge Wolson is reluctant to grant continuances of trial dates and other scheduled court events and will only do so in extreme circumstances.
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Page 20 | D. Extensions
Non-trial date extension requests are considered upon an appropriate showing of good cause.
Judge Wolson will consider other requests for extensions on an appropriate showing of good cause.
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Page 20 | D. Extensions
Sentencing continuances are only granted for good cause; continuances over 90 days require extraordinary circumstances.
Judge Wolson discourages requests for continuances of sentencing and will continue a sentencing for good cause only. Absent extraordinary circumstances, Judge Wolson will not consider any request for a continuance exceeding 90 days.
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Page 25 | F. Sentencing
Additional continuances beyond 90 days require a joint written request from both parties stating good cause.
In the rare event of a 90-day continuance, if counsel for both the Government and the defendant(s) believe that good cause exists for an additional continuance beyond the initial 90-day period, then counsel may jointly request in writing an additional continuance. Any such request must state why good cause exists.
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Page 25 | F. Sentencing
Chambers Communication Rules
Emails to Judge Wolson must include the case name and docket number in the subject line, plus required verbiage corresponding to the email’s content.
Emails to Judge Wolson must include the case name and docket number in the subject line. Judge Wolson will filter emails based on certain terminology in the subject line. Therefore, to ensure that emails receive prompt attention, where appropriate, emails to Judge Wolson must also use the following verbiage in the subject line: Contents of email Required verbiage Letters seeking extensions “request for extension” Letters seeking continuances “request for continuance” Proposed orders “proposed order” Stipulation “stipulation” Rule 26(f) reports “26(f) report” Letters seeking leave to exceed a “page limits” page limit Letters confirming that the parties “deposition scheduling” have set aside dates for depositions Letters updating Judge Wolson on “settlement status” the status of settlement discussions
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Page 5 | B. Conventions For Emails
Administrative or procedural communications must be directed to a Courtroom Deputy or Chambers; emails for letters are only allowed for routine matters with no anticipated opposition, and responsive letters require Judge Wolson’s request.
Counsel should direct communications concerning administrative or procedural matters to a Courtroom Deputy or Chambers. Parties may submit letters (when appropriate) via email, but they must limit such communications to routine matters for which no opposition is anticipated or required. Responsive letters should only be submitted at Judge Wolson’s request.
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Page 5 | A. Correspondence With Chambers
Requests to exceed applicable page limits must be received at least seven days before the filing due date, emailed to Chambers with 'page limits' in the subject line, and include opposing counsel's position after conferral.
Judge Wolson must receive any request to exceed an applicable page limit at least seven days before the filing is due. Counsel may make such a request via letter emailed to Chambers with the words “page limits” in the subject line. Counsel making such a request should confer with opposing counsel and set forth opposing counsel’s position in the letter.
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Page 14 | B. Motion Practice 3. Length of briefs
Counsel must contact Judge Wolson by phone for deposition issues before walking out of a deposition.
Counsel should contact Judge Wolson by phone for any issues that arise during depositions. Counsel should not walk out of a deposition before trying to contact Judge Wolson and obtain guidance.
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Page 19
Continuance or extension requests may be submitted as letters emailed to Chambers.
Requests for continuances or extensions may be made by letter, which can be emailed to Chambers.
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Page 20 | D. Extensions