Judge Karen Spencer Marston
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Hand Delivery • Upon Filing
Sealed Filing, Motion
- 1 copy • Email • Same Day
Adjournments
- Reply and sur-reply briefs must be filed within 7 days of the brief they respond to
- Extension/continuance requests for trial or dispositive motions require 7 days notice or good cause.
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Letter via ECF
Chambers
Clerk
In Person
Page & Word Limits5 rules
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Absent leave of court, a party shall not file more than five (5) motions in limine.
Summary: Maximum 5 motions in limine per party without leave of court.
Structured details unavailable. See the source text.
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Any brief or memorandum filed in support of or in opposition to a motion in limine must be limited to five (5) pages of double-spaced 12-point font.
Summary: Motions in limine briefs limited to 5 pages, double-spaced, 12-point font.
Motion In Limine Brief
5 pages
Applies to: Attorney
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Opening briefs in support of and in opposition to a motion shall not exceed twenty-five (25) double-spaced pages. Replies and sur-replies must be limited to ten (10) and seven (7)
Summary: Opening briefs limited to 25 pages, replies to 10 pages, sur-replies to 7 pages
25 pages
Applies to: Attorney
Reply Brief
10 pages
Applies to: Attorney
Sur Reply Brief
7 pages
Applies to: Attorney
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Judge Marston will not ordinarily impose strict time limits for opening statements and summations. However, counsel should strive to keep opening statements under 30 minutes and summations under 45 minutes.
Summary: Opening statements should be under 30 minutes, summations under 45 minutes.
Structured details unavailable. See the source text.
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5. Page Limits..................................................................................................................... 10
Summary: Page limits section referenced
Document Format Requirements3 rules
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All PDF documents filed must be text searchable.
Summary: All PDF documents must be text searchable
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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 identify the document (i.e., “Exhibit A_Contract” or “Exhibit A_Declaration of John Smith”).
Summary: ECF exhibits must be named descriptively, not just “Exhibit A.”
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Proposed jury instructions must be tailored and personalized for the case and should include accurate quotes from, and citations to, cases and pattern jury instructions where appropriate. If pattern instructions are to be given, those instructions should be taken from the Third Circuit Model Jury Instructions wherever possible. United States Supreme Court or Third Circuit Court of Appeals cases should be cited wherever applicable.
Summary: Proposed jury instructions must be case-specific with accurate citations to relevant cases and pattern instructions.
Document Filing Requirements25 rules
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Failure to identify any such attorney will amount to a representation by the pro se litigant’s submission for which no substantive assistance from an attorney was received.
Summary: Failure to disclose attorney assistance constitutes false representation.
Document Type
General
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Pro se litigants who are not being formally represented by lawyers, but have received substantive assistance (i.e. help, guidance, direction or the like with the development of strategy or tactics, drafted pleadings, motions or briefs, etc.) from an attorney for any material filed with the Court shall, in the filed material, identify the attorney, the attorney’s contribution to the filing, and the scope of the attorney’s limited representation.
Summary: Pro se litigants must disclose attorney assistance in filings.
Document Type
General
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Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be e-mailed to Chambers rather than sent to the Clerk of Court.
Summary: Stipulations and proposed orders must be emailed to Chambers, not the Clerk.
Document Type
Stipulation
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When submitting a proposed order for the Court’s approval, the order must contain the following language: “The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.”
Summary: Proposed orders must include specific language about Court's right to modify.
Document Type
Proposed Order
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At least seven (7) days prior to the final pretrial conference date, the parties shall prepare pretrial memoranda and describe in detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.
Summary: Pretrial memoranda must be filed 7 days before final pretrial conference with detailed witness testimony descriptions.
Document Type
Pretrial Memoranda
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Any request for a protective order or approval of a confidentiality agreement must be made by motion. The Court will not accept stipulated proposed orders in lieu of a motion. All such motions must satisfy the requirements of In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 924 F.3d 662, 672-73 (3d Cir. 2019) and Pansy v. Borough of Stroudsberg, 23 F.3d 772, 786 (3d Cir. 1994).
Summary: Protective orders and confidentiality agreements must be requested by motion, not stipulated orders.
Document Type
Protective Order
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Counsel must prepare one unified and agreed upon set of proposed jury instructions on substantive issues and one proposed verdict form or set of special interrogatories to the jury. If counsel cannot agree on a particular instruction, they must submit their competing versions along with a statement explaining why the Court should give their proposed instruction.
Summary: Parties must submit unified proposed jury instructions and verdict forms, with competing versions if disagreements exist.
Document Type
Jury Instructions
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Each party should submit a trial brief on the legal issues involved in the case seven (7) days prior to the trial date.
Summary: Trial briefs on legal issues due 7 days before trial.
Document Type
Trial Brief
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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. Oral argument in these motions will ordinarily be permitted.
Summary: Directed verdict motions must be in writing; oral argument usually permitted.
Document Type
Directed Verdict Motion
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In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order. The parties may submit revised or supplemental findings of fact and conclusions of law with specific reference to trial evidence at the conclusion
Summary: Proposed findings and conclusions required in non-jury cases as specified in Scheduling Order.
Document Type
Proposed Findings Conclusions
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Unless the parties have an agreement as to the admissibility of a proposed exhibit, a witness may not testify as to its content until it has been admitted into evidence.
Summary: Witnesses cannot testify about exhibit content until exhibit is admitted into evidence.
Document Type
Exhibit
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If a witness is unavailable at the time of trial, as defined in Fed. R. Civ. P. 32(a)(4), 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. The unavailability of such witness will not be a ground to delay the commencement or progress of trial.
Summary: Unavailability of witnesses requires use of oral or videotaped deposition; not grounds for delay.
Document Type
Deposition
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A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven (7) days prior to the Rule 16 conference and must be submitted to the Court via e-mail.
Summary: Joint status report due 7 days before Rule 16 conference via email.
Document Type
Joint Status Report
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Parties should include, in all memoranda of law, a table of contents, and a table of authorities.
Summary: All memoranda of law must include table of contents and table of authorities
Document Type
Memorandum Of Law
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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.” The Court will deny a discovery motion that does not meet these requirements.
Summary: Discovery motions require certificate detailing verbal efforts to resolve disputes (phone/in-person), not just written communications.
Document Type
Discovery Motion
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Judge Marston will promptly list any request for a temporary restraining order (TRO) or a preliminary injunction assigned to her. Except in cases where the nature of the emergency precludes it, Judge Marston requires the petitioner to notify the respondent of the nature of the request for a Temporary Restraining Order and to serve the petition and proposed Order upon the
Summary: TRO/injunction requests require prompt listing and notice to respondent unless emergency precludes it.
Document Type
Temporary Restraining Order
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All amended pleadings and motions to amend a pleading must include a redline showing the changes made to the original pleading. This redline should be attached as an exhibit to the amended pleading.
Summary: Amended pleadings must include a redline showing changes as an exhibit.
Document Type
Amended Pleading
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Parties are reminded that Fed. R. Civ. P. 11 only permits parties to assert affirmative defenses for which they have a good faith basis. Parties may not assert affirmative defenses prophylactically.
Summary: Affirmative defenses must have good faith basis; prophylactic defenses prohibited.
Document Type
Pleading
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Judge Marston may require proposed findings of fact and conclusions of law no later than twenty-four (24) hours after such a hearing.
Summary: Proposed findings of fact and conclusions of law may be required within 24 hours after TRO/preliminary injunction hearing.
Document Type
Proposed Findings Conclusions
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Reply and sur-reply submissions should not contain a repeat recitation of the facts of the case.
Summary: Reply and sur-reply briefs should not repeat case facts
Document Type
Reply Brief
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Counsel may submit a set of voir dire questions in writing ten (10) days before the trial date.
Summary: Voir dire questions due 10 days before trial.
Document Type
Voir Dire Questions
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Judge Marston permits jurors to take notes.
Summary: Jurors are permitted to take notes.
Document Type
Jury Instructions
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Judge Marston will allow the reading of stipulations, pleadings or discovery into the record when appropriate.
Summary: Judge Marston permits reading stipulations, pleadings, or discovery into the record when appropriate.
Document Type
Trial Proceeding
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The Court may give the jury a copy of the written instructions in appropriate cases.
Summary: Court may provide jury with written instructions in appropriate cases.
Document Type
Jury Instruction
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The parties should begin discovery as soon as permitted under the applicable rules, without waiting for the Rule 16 conference and regardless of whether a motion is pending.
Summary: Discovery may begin immediately without waiting for Rule 16 conference.
Document Type
Discovery
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for sealed filings (same day email) and motions with >5 pages or >50 pages of exhibits (2 days, hard copy + thumb drive).
The Court generally does not require courtesy copies, with the following two exceptions. First, for any filings made under seal, the filing party shall send a courtesy copy via e-mail to Chambers the same day as the filing. Second, for any motions with more than five (5) or more than fifty (50) pages of exhibits, the parties shall provide the Court with a courtesy copy of the exhibits within two (2) days of filing. Courtesy copies should be submitted as a hard copy and on a thumb drive.
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Courtesy copies section referenced
7. Courtesy Copies ............................................................................................................. 11
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Page 3 | Courtesy Copies
Sealing & Redaction Procedures
Motions to seal require good cause to be shown.
The Court will only grant motions to seal upon good cause shown.
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Page 12 | Sealing
Filing Bundling Requirements
Exhibits must be pre-marked, exchanged, and compiled into a joint exhibit book with electronic copy for final pretrial conference.
Exhibits must be pre-marked and exchanged in advance of trial. In civil cases, the parties will prepare one joint exhibit book with all exhibits that counsel may use at trial. The joint exhibit book must contain an exhibit list briefly describing each exhibit. Counsel should provide the joint exhibit book as a hard copy and electronically on a thumb drive to the Court at the final pretrial conference.
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Page 21 | Preparation of Exhibits
Reply and sur-reply briefs are discouraged unless necessary to address unanticipated issues
Reply and sur-reply briefs are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue or point of law not anticipated in or otherwise discussed in the initial briefs.
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Court may rule without waiting for reply or sur-reply briefs
The Court will not necessarily delay its decision while awaiting a reply or sur-reply brief.
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Pre-Motion Conference Requirements
Preliminary pretrial conference scheduled after all defendants appear; lead counsel must attend in person.
The Court will schedule a preliminary pretrial conference as described in Fed. R. Civ. P. 16 once each defendant has appeared in the case. The Court expects lead trial counsel to attend the conference in person. If lead counsel is unable to attend for a compelling reason, the
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Page 8 | II. CIVIL CASES - A. Pretrial Procedures - 2. Rule 16 Conferences
Merely reporting unavailability or reasonable efforts is insufficient; motion will be denied.
It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a 12(b)(6) motion that does not meet these requirements.
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Page 12 | Dispositive Motions
Certification of pre-motion conference required with Rule 12(b)(6) motion.
If the parties are unable to reach a resolution that eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies.
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Page 12 | Dispositive Motions
7-day pre-motion conference required before filing Rule 12(b)(6) motions.
Before filing a motion pursuant to Fed. R. Civ. P. 12(b)(6), counsel shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. This conference shall take place at least seven (7) days prior to the filing of the motion.
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Page 12 | Dispositive Motions
Pre-motion conference must include substantive verbal communication, not just emails/letters.
These efforts must include substantive verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.
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Page 12 | Dispositive Motions
Adjournment & Extension Requirements
Reply and sur-reply briefs must be filed within 7 days of the brief they respond to
Reply and sur-reply briefs may be filed without leave of Court. They must be filed and served within seven (7) days of service of the brief to which the reply or sur-reply responds unless the Court sets a different schedule.
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Extension/continuance requests for trial or dispositive motions require 7 days notice or good cause.
A request for an extension or continuance of the date on which the case is listed for trial or the deadline for filing dispositive motions will rarely be granted and will only be considered in extraordinary circumstances. Any such request for an extension or continuance must be made at least seven (7) days before the applicable deadline or include a showing of good cause as to why the party making the request could not comply with that requirement.
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Chambers Communication Rules
Recording of conferences or proceedings, including via AI tools, is prohibited.
Counsel and parties are prohibited from recording any conferences or proceedings, including via any artificial intelligence tool.
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Page 5 | B. Telephone Conferences
Communications with law clerks are prohibited; direct administrative/procedural matters to Courtroom Deputies or Chambers.
Counsel and pro se parties should direct communications concerning administrative or procedural matters to Courtroom Deputies or Chambers. Direct communications with law clerks is prohibited.
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Page 5 | A. Correspondence with the Court
Court must be promptly advised in writing when any case is resolved.
The Court expects to be promptly advised in writing whenever any case has been resolved.
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Page 5 | A. Correspondence with the Court
In civil cases, moving party's counsel initiates phone conferences; in criminal cases, USAO initiates. Contact Deputy Clerk at 267-299-7370 after all parties are present.
In a civil case, counsel for the moving party will be responsible for initiating the telephone conference and contacting Judge Marston through her Deputy Clerk (via Chambers line 267-299-7370) after all parties are present on the call. In a criminal case, the United States Attorney’s Office will be responsible for initiating the call and contacting Judge Marston through her Deputy Clerk (via Chambers line 267-299-7370) after all the parties are present on the call.
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Page 5 | B. Telephone Conferences
Copies of correspondence between counsel should not be sent to the Court.
Counsel shall not send copies of correspondence among and between counsel to the Court.
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Page 5 | A. Correspondence with the Court
Ex parte communications with Chambers personnel about substantive matters are prohibited.
Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive matters.
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Page 6 | B. Telephone Conferences
All counsel must be registered on ECF and file directly onto the system.
The Court expects all counsel (including pro se Plaintiffs or Defendants) to be registered on the ECF system for the District Court of the Eastern District of Pennsylvania. All official filings submitted to the Clerk of Court must be filed directly by the filing attorney onto ECF.
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Page 7 | E. Use of Electronic Court Filing (ECF)
Proposed jury instructions and verdict forms must be emailed to Chambers in Word format.
In addition to filing the proposed jury instructions and verdict form on the Court’s docket, the parties must e-mail the documents in Word format to Chambers_Judge_Marston@paed.uscourts.gov.
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Page 18 | E. Final Pretrial Conferences
No speaking objections; request sidebar for immediate matters; raise evidentiary issues at final pretrial conference or outside jury presence.
The Court does not permit speaking objections. If counsel needs to be heard on a matter immediately, request a sidebar. The Court generally prefers to avoid sidebars. Therefore, the Court encourages counsel to raise evidentiary issues at the final pretrial conference or outside the presence of the jury, whenever possible.
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Page 22 | Courtroom Protocol
Emails to court limited to routine matters with no anticipated opposition; responsive letters only at court's request.
Letters may be submitted to the Court via e-mail, but such communications should be limited to routine matters for which no opposition is anticipated or required. Responsive letters should only be submitted at the Court’s request.
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Page 5 | A. Correspondence with the Court
Requests for ECF exemption must be made in writing to Judge Marston.
Requests to be excused from ECF registration must be made in writing directly to Judge Marston.
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Page 7 | E. Use of Electronic Court Filing (ECF)
Telephone contact with Chambers permitted for scheduling, witnesses, exhibits, discovery disputes, and necessary extensions when written communication is insufficient.
When a written communication concerning a case cannot timely address a problem, counsel may initiate necessary telephone communications with Chambers. Issues appropriately addressed by telephone contact include: a. Scheduling conferences; b. Attendance of witnesses; c. Exhibit handling or arrangements for video replay; d. Arrangements for telephone conferences regarding discovery disputes; e. Requests for absolutely necessary extensions of time to file any response, reply, brief, memorandum of law or the like.
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Page 6 | B. Telephone Conferences
Courtroom protocol: address from table/podium during arguments, podium when examining witnesses, seek permission to approach witnesses, direct comments to Court/witness only.
During oral arguments outside the presence of the jury, counsel can address the Court from counsel table or the podium, at counsel’s discretion. When examining a witness, counsel should speak from the podium. Counsel should seek permission to approach a witness. Counsel shall direct all comments and questions to the Court or the witness, not to opposing counsel or the jury.
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Page 22 | Courtroom Protocol
Junior Lawyer Participation Incentives
Court likely to hear oral argument on dispositive motions or if requested
The Court is likely to hear oral argument on dispositive motions, or if either party requests oral argument.
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Oral argument scheduled at Court's discretion, particularly for dispositive motions; parties may request by letter or in motion
If the Court determines that oral argument will be helpful in deciding a matter, Judge Marston 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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