Eastern District of Pennsylvania Document Filing Requirements

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Motion and response

Must include

proposed order

Every motion and response must be filed with a proposed order.

Judge Younge requires a proposed order to be filed along with every motion and response.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Discovery motion

Must include

local rule certificate

All discovery motions must include the certification required by Local Civil Rule 26.1(f).

As a reminder, all discovery motions must contain the certification required under Local Civil Rule 26.1(f).

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Confidentiality order

Confidentiality orders must contain the stated reservation-of-rights language or substantially similar language.

All such orders must contain the following language or language substantially similar: “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.”

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Summary judgment motion and opposition

Must include

statement of facts

Summary judgment motions and oppositions must recite facts with complete and accurate citations to the record.

All summary judgment motions and oppositions to such motions must contain a recitation of facts with complete and accurate citation to the record.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must include a separate, numbered Statement of Undisputed Material Facts limited to facts bearing on dispositive material issues.

Any motion summary judgment shall include a separate Statement of Undisputed Material Facts which sets forth, in numbered paragraphs, the material facts that the moving party contends are undisputed and entitle the movant to judgment as a matter of law. Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Material Facts.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Summary judgment opposition

Opposition papers to summary judgment must include a separate statement responding to the moving party’s numbered facts; respondents may also list additional disputed material facts in separate numbered paragraphs.

2. The papers opposing a motion for summary judgment shall include a separate Statement of Undisputed and/or Disputed Material Facts that responds to the numbered paragraphs set forth in the moving party’s Statement of Undisputed Material Facts, either admitting those facts are undisputed, or contending they are disputed and, as such, are genuine issues to be tried. The responding party may also set forth, in separate numbered paragraphs, any Additional Disputed Material Facts which the respondent contends preclude summary judgment.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Statement of material facts

All facts are deemed admitted unless the opposing party addresses them as required by these procedures.

4. Without exception, all facts set forth shall be deemed admitted unless addressed by the opposing party as set forth herein

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Statement of material facts

Summary judgment statements of material facts must support each fact with specific record references and pinpoint citations; unsupported fact descriptions will not be considered.

5. The Court will not consider any description of a fact that is not supported by citation to the record. Statements of Material Facts in support of or in opposition to a motion for summary judgment must include specific and not general references to the parts of the record that support each of the statements, such as the title of or numbered reference to a document, the name of a deponent and the page(s) of the deponent’s deposition, or the identity of an affidavit or declaration and the specific paragraph relied upon. Pinpoint citations are required.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Summary judgment motion practice

Summary judgment motion practice that does not comply with these procedures will be stricken.

Summary judgment motion practice that fails to follow these procedures to the letter will be stricken.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Pretrial submissions

Unless otherwise specified, the parties must submit jointly proposed voir dire questions and a brief statement of the case by a court-set date, normally about three weeks before trial.

Unless otherwise specified, Judge Younge requires the parties to submit the following by a date set by the Court, which is normally approximately three weeks prior to the trial date: 1. Jointly-proposed voir dire questions; 2. Jointly-proposed brief statement of the case;

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Pretrial submissions

The required pretrial submissions also include jointly proposed jury instructions and verdict sheet, motions in limine, and final pretrial memoranda under Local Civil Rule 16.1(c).

3. Jointly-proposed jury instructions; 4. Jointly-proposed verdict sheet; 5. Motions in limine; and 6. Final pretrial memoranda pursuant to Local Civil Rule 16.1(c).

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Proposed point for charge

Each proposed point for charge must be numbered and presented on a separate sheet of paper.

b. Each proposed point for charge shall be numbered and on a separate sheet of paper.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Joint submission

If counsel cannot agree on a point for charge or interrogatory, the joint submission must include each party’s alternative version and rationale.

c. Where counsel cannot agree on a particular point for charge or interrogatory, the joint submissions shall provide the alternative version proposed by each party and the rationale for each.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Joint submission

If a party objects to a proposed point for charge or interrogatory in its entirety, the joint submission must note the objection and include that party’s rationale.

d. Where one party proposed a point for charge or interrogatory and the other party objects to the proposal in its entirety (i.e, wishes nothing be used, as opposed to an alternative version), the joint submission shall note such and include the objecting party’s rationale.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Applies to

Deposition notice

Written deposition-use notification must identify the page and line numbers of challenged testimony and clearly state the objection’s basis.

Written ===== PAGE 16 ===== notification must set forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Injunction case submission

In injunction cases, parties must submit proposed findings of fact and conclusions of law under Federal Rule of Civil Procedure 52(a).

Judge Younge requires the submission of proposed findings of fact and conclusions of law in injunction cases, in accordance with Fed. R. Civ. P. 52(a).

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Non jury trial submission

In a non-jury trial, the parties must file a stipulation of uncontested facts.

In a non-jury trial, the parties shall file a stipulation of uncontested facts.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Proposed findings conclusions

Each party must submit proposed findings of fact and conclusions of law.

Each party shall submit proposed findings of fact and conclusions of law.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Continuance motion

Must include

proposed order

A continuance motion must include a proposed order with a detailed proposed ends-of-justice finding consistent with the Speedy Trial Act.

Any such motion must be accompanied by a proposed order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161. 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.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Continuance motion

A trial-continuance motion must include a speedy-trial waiver, using the form attached to the first trial listing.

Any motion for a continuance of trial date must be accompanied by a speedy trial waiver. The speedy trial waiver form can be found as an attachment to the first trial listing.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Trial memorandum

The government must file a trial memorandum at least three weeks before trial or as provided by the scheduling order, and any defense response is due within seven days thereafter.

At least three weeks prior to the trial date and/or in accordance with the scheduling order entered by the Court, the government must file a trial memorandum setting forth the essential elements of the offenses, the facts which 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. Any defense response to the government’s trial memorandum shall be filed within seven (7) days thereafter.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Guilty plea memorandum

The government must submit a guilty plea memorandum and any plea agreement no later than ten days before the guilty plea date.

Judge Younge requires the government to submit a guilty plea memorandum and a copy of any plea agreement no later than ten (10) days prior to the guilty plea date.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Applies to

Guilty plea memorandum

A guilty plea memorandum must state the offense elements and citations, statutory penalties, plea agreement terms, and factual basis for the plea.

A guilty plea ===== PAGE 20 ===== memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such elements; the maximum (and mandatory minimum, if any) statutory penalties for each offense; the terms of any plea agreement; and the factual basis for the plea.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Guilty plea memorandum

The guilty plea agreement and memorandum must identify whether the plea is general, conditional, or nolo contendere.

The guilty plea agreement and memorandum must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Guilty plea agreement

The plea agreement must disclose to the defendant and the Court whether the plea is under Rule 11(c)(1)(A), (B), or (C), and identify the applicable type of government obligation or sentencing recommendation.

The guilty plea agreement also must disclose to the defendant and the Court whether the plea is entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C), relating to the obligation of the government regarding other charges under subsection (A), a non-binding sentencing recommendation under subsection (B), or a binding sentencing recommendation under subsection (C).

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Guilty plea agreement

For a Rule 11(c)(1)(B) plea, the plea agreement must state that the defendant has no right to withdraw the plea if the Court does not follow the recommendation or request.

In addition, the plea agreement must inform the defendant and remind the Court, pursuant to Rule 11(c)(3)(B), that the defendant has no right to withdraw the plea if the Court does not follow the recommendation or request if the plea is entered under 11(c)(1)(B).

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Presentence investigation report objections

All objections to the Presentence Investigation Report must be sent to the probation officer before sentencing.

To avoid delay in sentencing, all objections to the Presentence Investigation Report (PSR) must be sent to the probation officer in advance of sentencing.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Sentencing memorandum

Counsel may not raise objections for the first time in a sentencing memorandum.

In no event shall counsel raise objections for the first time in a sentencing memorandum.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Sentencing memorandum

When restitution is at issue, the government’s sentencing memorandum must provide specified victim, loss, and supporting-document information, and itemize each defendant’s share of joint and several liability.

If a defendant is responsible for restitution, the government must submit sufficient information in its sentencing memorandum to enable the Court to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount. If liability for restitution is joint and several, the government shall itemize the restitution amount for which each defendant is responsible.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Statement of compliance

Retention coordinators must implement the specified procedures, and each party’s counsel must file a statement of compliance within seven days after identifying the relevant custodians.

Within seven days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party's counsel shall file a statement of compliance.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Exhibits

The exhibit submission should include a schedule briefly describing each exhibit.

Counsel should provide Judge Younge with two (2) copies of each exhibit and a schedule which briefly describes each exhibit.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Brief

Reply and sur-reply briefs may address only issues raised in the opposing brief and may not repeat arguments in the movant’s previously filed briefs.

Reply briefs and sur-reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in briefs that were previously filed by the movant, may be filed within seven days of service of the opponent’s brief in opposition/reply and shall be limited to ten pages.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Proposed order

Proposed orders should be titled “Order” and should not include an attorney’s name or address.

Proposed orders, although only a proposal, should nonetheless be titled “Order” and should not contain an attorney’s name or address.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Proposed order

A proposed order intended for filing under seal should include “File Under Seal” in its caption.

If meant to ultimately be filed under seal, please include “File Under Seal” in the caption.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Confidentiality order

Must include

statement of facts

A confidentiality order must include a detailed statement demonstrating good cause for the Court to approve it.

Judge Younge will approve a confidentiality order if the order includes a detailed statement demonstrating that good cause exists.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Expert discovery

Parties should identify experts and conduct expert discovery according to the case’s scheduling order.

Parties should identify expert witnesses and engage in expert discovery pursuant to the scheduling order entered in the particular case.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Proposed points for charge

Proposed points for charge and special jury interrogatories must be prepared and submitted jointly; counsel are expected to seek agreement, and points for charge should include appropriate legal citations, including applicable Third Circuit Model Civil Jury Instructions.

a. The proposed points for charge and special jury interrogatories shall be prepared and submitted jointly. Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge. Proposed points for charge should be accompanied by appropriate citations of legal authority – including use of the Model Civil Jury Instructions for the Third Circuit, where applicable (see http://www.paed.uscourts.gov, “Third Circuit Model Jury Instructions” bullet).

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Findings of fact and conclusions of law

Counsel are expected to file findings of fact and conclusions of law within 10 days after the motion hearing, unless the Court directs otherwise.

Counsel will be expected to file findings of fact and conclusions of law no later than ten (10) days after the motion hearing unless otherwise directed by the Court.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Proposed points for charge

Proposed points for charge must include appropriate citations to legal authority.

Proposed points for charge must be accompanied by appropriate citations of legal authority.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Proposed points for charge

For a proposed point based on a model jury instruction, the submission must state whether the instruction is unchanged or modified.

If a proposed point for charge is a model jury instruction, the submission shall state whether the model jury instruction is unchanged or modified.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Joint pretrial submissions

If counsel disagree on a proposed charge or verdict form, the joint submission must include each party’s alternative, rationale, and supporting legal authority.

Where counsel cannot agree on a particular point for charge or on the verdict form, the joint submissions shall provide the alternative version proposed by each party and the rationale and legal authority for each.

Checked against the court's document on Oct 4, 2026INFO

In criminal matters, Judge Younge personally conducts voir dire.

Judge Younge’s practice in criminal matters is to personally conduct the voir dire.

Checked against the court's document on Oct 4, 2026INFO

In civil matters, counsel usually conduct voir dire with minimal oversight from the judge and court deputy.

However, in civil matters Counsel will usually conduct voir dire with minimal oversight from the Judge and his court deputy.

Checked and corrected to match the court's document on Oct 4, 2026INFO

Applies to

Voir dire questions

Counsel may submit proposed voir dire by the date specified in the pretrial order and supplemental voir dire on the trial date.

Counsel are free to submit proposed (by a date set in this Court’s pre- trial order) and supplemental voir dire (on the trial date) to Judge Younge.

Checked against the court's document on Oct 4, 2026INFO

If follow-up questioning is needed, the judge may allow counsel to conduct it or submit questions for the judge to ask.

Should the need for follow-up questioning arise, Judge Younge may permit counsel to either do so themselves or submit follow-up questions for Judge Younge to ask.

Checked against the court's document on Oct 4, 2026INFO

Applies to

Discovery period

The Court generally permits three to six months for discovery, except in more complex litigation.

Judge Younge generally permits 3-6 months of discovery, except for more complex litigation.

Checked against the court's document on Oct 4, 2026INFO

Applies to

Supplemental points for charge

Supplemental points for charge are permitted during trial and at its conclusion.

e. Supplemental points for charge will be permitted during and at the conclusion of trial.

Checked against the court's document on Oct 4, 2026INFO

Applies to

Trial brief

Counsel may submit trial briefs when they are likely to help the Court.

Counsel may submit trial briefs when they are likely to be helpful to the Court.

Checked against the court's document on Oct 4, 2026INFO

Applies to

Pretrial submissions

Counsel are expected to collaborate and agree on as many pre-trial submission items as possible before submission.

Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Pretrial memorandum

Unless otherwise ordered by the Court, the pretrial memorandum should be prepared in accordance with the provisions of Local Rule 16.1, and should also include the following items: (1) All stipulations of counsel.

Summary: Pretrial memoranda must comply with Local Rule 16.1 and include all stipulations of counsel, unless otherwise ordered.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

the sentencing memoranda must include thorough legal and factual analysis.

Summary: Sentencing memoranda must include thorough legal and factual analysis.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Motion for telephone conference ?

The Court will on occasion hold telephone conferences to resolve scheduling matters or discovery disputes. A motion explaining the dispute and requesting a phone conference should first be filed on the record unless it is a dispute arising during a deposition.

Summary: A motion explaining the dispute and requesting a phone conference must first be filed on the record before the Court will hold a telephone conference, except for disputes arising during a deposition.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Request for substitute counsel at rule 16 conference ?

There must be an affirmation that this counsel is prepared to proceed with full knowledge of the case pursuant to the requirements of these guidelines.

Summary: A request for another specifically named attorney to appear in place of lead counsel at the Rule 16 conference must include an affirmation that the substitute counsel is prepared to proceed with full knowledge of the case.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Rule 12 motion ?

Must include

certificate of conference ?

If the parties are unable to reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken. The Court will deny any motion that fails to conform with these requirements.

Summary: Rule 12 motions must include a certification that the parties met and conferred regarding the alleged deficiencies, and the Court will deny any motion that fails to conform.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Motion or response

Counsel must identify where an exhibit referred to in the Motion or Response can be found in the record pursuant to the instructions set forth herein in the Summary Judgment section.

Summary: Counsel must identify where each exhibit referenced in a motion or response can be found in the record.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Motion to exceed page limit ?

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 to this rule.

Summary: A party needing more than 25 pages must file a motion to exceed the page limit setting forth good cause.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

The movant’s initial filing must include a concise statement of stipulated material facts, setting forth in numbered paragraphs the material facts and important background facts that are not in dispute for purposes of summary judgment. Citations to the summary judgment record should be included for each stipulated fact where possible.

Summary: The movant's summary judgment filing must include a numbered concise statement of stipulated material facts with record citations where possible.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

Counsel must include with their Rule 56 Motion an index clearly identifying each referenced exhibit and indicating where it can be found in the filing.

Summary: A Rule 56 motion must include an index clearly identifying each referenced exhibit and where it can be found in the filing.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Statement of additional facts

To the extent that any party seeks to rely on facts not included in the concise statement of material facts, it shall set forth those facts in a concise statement of additional facts. Like the statement of stipulated facts, the statement of additional facts shall be organized in numbered paragraphs. The party shall provide citations to the precise page of the summary judgment record that supports each factual assertion in the statement of additional facts.

Summary: Parties relying on facts not in the stipulated statement must file a numbered statement of additional facts with citations to the precise page of the summary judgment record.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Discovery motion

Disputes that reach an impasse must be brought to the Court's attention by motion as soon as possible. Counsel shall file a simple motion briefly explaining the discovery dispute. If a dispute is particularly complex, a motion with specific citation to the record, if any, should be filed. If a discovery motion is filed, Judge Kenney expects the parties to address the proportional relevance of the information sought as it applies to the facts, theories, claims, and defenses as developed on the record as of the date of the filing of the motion.

Summary: Discovery disputes at impasse must be brought by motion as soon as possible, using a simple motion briefly explaining the dispute (with record citations if complex) that addresses the proportional relevance of the information sought.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Discovery response ?

General objections are not acceptable. Parties must conduct a reasonable search for requested documents. Counsel must review this Court's view of general discovery objections refer to the attached Order authored by Special Master Joseph Crawford, Esq., prior to responding to discovery requests. (See Exhibit A).

Summary: Discovery responses may not contain general objections, must be based on a reasonable search for requested documents, and counsel must review Exhibit A (Special Master Crawford's order) before responding to discovery requests.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Protective order or confidentiality order

No protective order or confidentiality order will be approved without language providing that "the Court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires."

Summary: Protective orders and confidentiality orders will not be approved unless they contain the specified reserved-powers language.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

authenticity; (b) the admissibility of any evidence expected to be offered for any reason (except relevancy); (c) the adequacy of the qualifications of an expert witness expected to testify; and (d) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701. Such objection shall describe with particularity the ground and the authority for the objection.

Summary: Pretrial memoranda must include objections (to authenticity, admissibility of evidence except relevancy, expert qualifications, and FRE 701 lay opinion testimony) described with particularity as to ground and authority.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

(3) Deposition testimony (including videotaped deposition testimony) that the party intends to offer during its case-in-chief. The statement should include citations to the page and line number and the opposing party's counter-designations.

Summary: Pretrial memoranda must identify deposition testimony (including videotaped) to be offered in the case-in-chief with page and line citations and opposing party counter-designations.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

In addition, for jury trials, the Court requires that the parties file proposed voir dire, proposed jury instructions, and a proposed verdict slip at the same time as their pretrial memoranda.

Summary: In jury trials, parties must file proposed voir dire, proposed jury instructions, and a proposed verdict slip simultaneously with their pretrial memoranda.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

For non-jury trials, the Court also requires proposed jury instructions, a proposed verdict slip, and proposed findings of fact and conclusions of law because it helps the parties and the court to frame the issues to be addressed and the law controlling on those issues. The initial proposed findings then are supplemented after trial with reference to the record.

Summary: In non-jury trials, parties must file proposed jury instructions, a proposed verdict slip, and proposed findings of fact and conclusions of law with the pretrial memorandum, with proposed findings supplemented after trial.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Motion

[Counsel must peruse opposing pretrial memoranda and immediately file a separate motion alerting the Court to any claims of "surprise."]

Summary: Counsel must review opposing pretrial memoranda and immediately file a separate motion alerting the Court to any claims of surprise.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Preliminary injunction

If the parties cannot agree to a stipulated record prior to argument on a preliminary injunction, the Court will conduct an evidentiary hearing prior to argument. In those instances where the parties cannot stipulate to a full record, Judge Kenney requires the submission of either a stipulation of disputed and undisputed facts or the proposed findings of fact and conclusions of law. The Court will set the time for submission of these items at the pre-hearing conference.

Summary: For preliminary injunctions where the parties cannot stipulate to a full record, they must submit either a stipulation of disputed and undisputed facts or proposed findings of fact and conclusions of law, with timing set at the pre-hearing conference.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Daubert joint report ?

Before the Hearing: One week prior to the hearing, the parties shall file a Joint Report stating whether any party intends to present testimony from any witness other than the expert at issue. The Court does not anticipate that the parties will present any witness other than the expert at issue. The Joint Report shall also include an exhibit list and copies of any exhibits that the parties intend to use at the hearing.

Summary: One week before a Daubert hearing, the parties must file a Joint Report stating whether any witness other than the expert will testify, along with an exhibit list and copies of exhibits to be used at the hearing.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Post hearing brief

After the Hearing: The parties shall not file post-hearing briefs, unless ordered to do so by the Court.

Summary: Post-hearing briefs are prohibited after a Daubert hearing unless the Court orders them.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Proposed jury instructions

If a model jury instruction is submitted, for instance, from Devitt & Blackmar, Federal Jury Practice and Instructions, the submitting party shall state whether the proposed jury instruction is unchanged or modified.

Summary: A party submitting a model jury instruction must state whether the instruction is unchanged or modified.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

counsel are advised that this Court DOES NOT ACCEPT boilerplate memoranda that merely include vague references to the United States Sentencing Guidelines, court opinions, or statutory citations.

Summary: The Court does not accept boilerplate memoranda that merely include vague references to the Sentencing Guidelines, opinions, or statutes.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Counsel are strongly advised that this Court may REJECT any sentencing memoranda that are deemed untimely or inadequate, and as a result, may also order a new date for sentencing.

Summary: The Court may reject untimely or inadequate sentencing memoranda and may order a new sentencing date.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Defense attorneys appointed pursuant to the Criminal Justice Act are further advised that Judge Kenney may DENY PAYMENT for attorney services if counsel present any memoranda that are regarded as inadequate boilerplate submissions.

Summary: Judge Kenney may deny payment for CJA attorney services if counsel submit memoranda deemed inadequate boilerplate.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to

Protective order

No protective order or confidentiality order will be approved without language providing that "the court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires."

Summary: No protective order or confidentiality order will be approved unless it contains language reserving the court's inherent power to modify the agreement and permit disclosure where the interest of justice requires.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to

Motion for summary judgment

When filing a Motion for Summary Judgment, except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall unilaterally file a "Statement of Undisputed Facts" setting forth its interpretation of the record, or any separate "Statement of Facts" apart from its memorandum of law. All references to the facts must be contained within the party's memorandum and cite to the record. Failure to abide by this instruction may result in the motion being denied or a filing being stricken.

Summary: Except for formal stipulations of fully agreed facts, parties may not file a separate Statement of Undisputed Facts or Statement of Facts with a summary judgment motion; all fact references must be in the memorandum with record citations, failing which the motion may be denied or the filing stricken.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Any filing ?

Must include

ai disclosure ?

Any attorney or pro se party who uses generative artificial intelligence (“A.I.”) to prepare any complaint, answer, motion, brief or other paper filed with the Court shall: (1) disclose that generative artificial intelligence was used to prepare the filing; (2) identify precisely what portion or portions of the document contain the generated content; (3) identify the specific tool used and how it was used; and (4) certify that each any every citation to the law or the record in the filing was verified as accurate in accordance with the obligations set forth in Rule 11 of the Federal Rules of Civil Procedure. Failure to do so may result in referral to this Court’s Disciplinary Committee and /or appropriate state bar, striking the filings from the docket, the imposition of monetary sanctions or any other sanction the Court deems appropriate.

Summary: Any attorney or pro se party using generative AI on a filing must disclose the AI use, identify the generated portions and the tool used, and certify all citations were verified, or face sanctions including referral to disciplinary authorities, striking the filing, or monetary sanctions.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Protective order

No protective order or confidentiality agreement will be approved without language providing that “the court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires.”

Summary: No protective order or confidentiality agreement will be approved unless it contains language reserving the Court's inherent power to modify its terms and permit disclosure where the interest of justice requires.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Brief

Any brief longer than ten pages shall include a table of contents and table of authorities.

Summary: Any brief longer than ten pages must include a table of contents and a table of authorities.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Motion for summary judgment

Any motion for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure must include a concise statement of material facts, in numbered paragraphs, to which the moving party contends there is no genuine issue to be tried.

Summary: Rule 56 motions must include a concise statement of material facts in numbered paragraphs identifying the facts the movant contends are undisputed.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

Any opposition to a motion for summary judgment must include a concise, paragraph-by-paragraph response to the statement of material facts, setting forth which facts the opposing party contends there is a genuine issue to be tried. The responding party may also set forth, in separate numbered paragraphs, any additional facts which the responding party contends preclude summary judgment. The Court will accept all material facts set forth in the moving party's statement as admitted unless controverted by the opposing party.

Summary: Oppositions to summary judgment must include a paragraph-by-paragraph response to the movant's statement of material facts, and any material facts not controverted will be deemed admitted.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Motion

All motions and responses shall include an index which clearly identifies and describes any exhibits.

Summary: All motions and responses must include an index that clearly identifies and describes any exhibits.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Statement of material facts

Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific references to the parts of the record that support the statements. Failure to cite specifically to the appropriate parts of the record may constitute grounds for denial of the requested relief.

Summary: Statements of material facts (supporting or opposing summary judgment) must cite specific parts of the record, and failure to do so may be grounds for denial of the requested relief.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Exhibits

Exhibits must be pre-marked and exchanged in advance of trial.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Joint exhibit book

The joint exhibit book must contain an exhibit list briefly describing each exhibit.

Summary: The joint exhibit book must include an exhibit list briefly describing each exhibit.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Proposed findings conclusions ?

In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.

Summary: In non-jury cases, the parties must submit proposed findings of fact and conclusions of law as specified in the Scheduling Order.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Objections to presentence investigation report ?

Judge Pappert requires the parties to submit objections to the Pre-Sentence Investigation Report and sentencing memoranda in accordance with the Notice of Sentencing, which will be issued shortly after the entry of a guilty plea or conviction.

Summary: Parties must submit objections to the Pre-Sentence Investigation Report in accordance with the Notice of Sentencing, which is issued shortly after a guilty plea or conviction.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Exhibit chart

Counsel shall ensure that each exhibit number in the exhibit chart is hyperlinked to the corresponding file in the appropriate subfolder.

Summary: Each exhibit number in the chart must be hyperlinked to the corresponding exhibit file in the appropriate folder.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

On the record agreement ?

The Court will have counsel agree on the record to the following: 1. The use of the laptop during deliberations, and 2. They have reviewed all the exhibits on the laptop and agree they are accurate copies of the exhibits admitted into evidence at trial.

Summary: Counsel must agree on the record to the use of the laptop during deliberations and to the accuracy of the exhibits loaded on it as matching the admitted evidence.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Pro hac vice application ?

Counsel must complete and submit an Attorney Admission Application (Pro Hac Vice) before the date of the non-admitted attorney's first appearance.

Summary: Counsel must complete and submit a Pro Hac Vice Attorney Admission Application before the non-admitted attorney's first appearance.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Letter brief

Should such circumstances arise, Judge Toplin requires a letter brief requesting an extension.

Summary: Extension requests must be made by letter brief.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Memorandum

Every assertion of fact in a memorandum must be supported by a citation to the record where that fact may be found. Both legal citations and citations to the record must include pinpoint cites.

Summary: Every factual assertion in a memorandum must be supported by a record citation, and all legal and record citations must include pinpoint cites.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Memorandum ?

Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.

Summary: Memoranda over 15 pages must include a table of contents and a table of authorities.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Settlement conference summary ?

Do not include any documents that are already filed on the docket as exhibits. If you would like Judge Toplin to take notice of these documents, reference them in your summary.

Summary: Settlement summaries must not attach documents already on the docket; counsel should reference them in the summary instead so the Court may take notice.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Joint letter

Judge Toplin requires the parties to engage in good faith settlement discussions prior to the submission of the written conference summary. Upon submission of the written conference summary and prior to the conference, the parties are required to update their settlement positions and submit a joint letter setting forth

Summary: Parties must engage in good faith settlement discussions before submitting the conference summary, then update their settlement positions and submit a joint letter prior to the conference.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Joint rule 26f report

If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.

Summary: In consent cases, if no joint Rule 26(f) report has been filed, one must be filed on the docket before the Rule 16 conference.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Pretrial memorandum

Unless specifically provided for by a separate order, Judge Toplin will require the use of the short form pretrial memorandum described in Rule 16.1(c) of the Local Rules of Civil Procedure for the Eastern District of Pennsylvania.

Summary: Unless otherwise ordered, pretrial memoranda must use the short form prescribed by Local Rule 16.1(c) of the E.D. Pa. Local Rules.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Trial exhibits

Prior to commencement of trial, counsel must meet and confer to prepare one set of pre-marked trial exhibits for use at trial. The use of duplicate exhibits at trial is discouraged.

Summary: Before trial, counsel must meet and confer to prepare one set of pre-marked trial exhibits, and duplicate exhibits at trial are discouraged.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Proposed jury instructions

Judge Toplin requires the submission of jointly proposed jury instructions, with notations as to areas of agreement, as well as objections.

Summary: Judge Toplin requires jointly proposed jury instructions with notations of areas of agreement as well as objections.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Points for charge

The points for charge should be submitted with appropriate citations of legal authority and shall be provided to the Court in accordance with the deadline set forth in the scheduling order.

Summary: Points for charge must include appropriate citations of legal authority and be provided to the Court by the deadline in the scheduling order.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Verdict form

Counsel must submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order. If counsel is unable to agree, they may submit separate proposed forms of unanimous verdict.

Summary: Counsel must submit a jointly prepared verdict form or proposed special interrogatories by the scheduling order deadline, but may submit separate proposed forms if they cannot agree.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to

Proposed findings of fact and conclusions of law

Judge Toplin requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference, or at a date set forth in a scheduling order. A supplement will be permitted at the close of trial or, in an appropriate case, after trial.

Summary: In non-jury cases, counsel must submit proposed findings of fact and conclusions of law at the final pretrial conference or the scheduling order date, with supplements permitted at or after the close of trial.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

The motion must comply with Local Rule 26.1(f). The certification must state in detail what efforts were made to resolve the dispute.

Summary: Discovery motions must comply with Local Rule 26.1(f) and include a certification detailing the efforts made to resolve the dispute.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial memorandum ?

In the pretrial memoranda, counsel must 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 detail the substance of each witness's testimony; identifying a witness by liability/damages category is insufficient.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial memorandum

Any party intending to use depositions, written or video, at trial must notify all other parties in the pretrial memorandum.

Summary: Parties intending to use depositions at trial must notify all other parties in the pretrial memorandum.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to

Objections to deposition testimony

Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.

Summary: Objections to deposition testimony must be made in writing before the pretrial conference, identifying page/line numbers and the basis of the objection.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Stipulated proposal

When the parties seek Court approval of stipulated proposals (which should include a signature and date line so that Judge Kenney can indicate his approval prior to filing on the docket)

Summary: Stipulated proposals submitted for Court approval must include a signature and date line so Judge Kenney can indicate approval before docketing.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Pro hac vice application ?

To be admitted pro hac vice, local counsel of record should submit the "Attorney Admission Application (Pro Hac Vice)" available at https://www.paed.uscourts.gov/attorneys.

Summary: Local counsel of record must submit the Attorney Admission Application (Pro Hac Vice) from the court website to admit out-of-jurisdiction counsel pro hac vice.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Brief

Counsel must double check or have cross checked cites in briefs that have been drafted for them prior to filing.

Summary: Counsel must verify or cross-check all citations in briefs prior to filing.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Class action settlement motion or objection ?

Parties seeking or objecting to an order settling a case on a class basis under Fed. R. Civ. P. 23 should fully address their positions on the best practices for implementing the 2018 Amendments to Rule 23, including those described in the executive summary of Guidance on New Rule 23 Class Action Settlement Provisions, 102 JUDICATURE, No. 3, Winter 2018

Summary: Parties seeking or objecting to class settlements under Rule 23 must fully address their positions on best practices for implementing the 2018 Rule 23 Amendments, including those in the Judicature guidance executive summary.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Proposed order

the requirements of the rule or if the proposed order does not do so, counsel should immediately supplement the filing.

Summary: If a filing or its proposed order does not meet the rule's requirements, counsel must immediately supplement the filing.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Pretrial memorandum ?

Counsel should bring objections to the Court’s attention after the parties have discussed designations and as part of the pretrial memoranda.

Summary: Objections to videotaped testimony must be raised after the parties discuss designations and included as part of the pretrial memoranda.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Proposed jury instructions ?

If there is a non-standard instruction or a supplement to the standard, this needs to be pointed out with a citation to the specific authority and the reason in this specific case why it is needed.

Summary: Non-standard or supplemental jury instructions must be accompanied by a citation to the specific authority and the reason the instruction is needed in the case.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Proposed jury instructions ?

instructions that are cited should be accurately quoted and a page reference should be provided.

Summary: Cited jury instructions must be accurately quoted and include a page reference (sentence continues from the prior page).

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Revised findings conclusions verdict slips

The parties shall submit revised or supplemental findings of fact and conclusions of law and verdict slips with specific reference to trial evidence. A schedule for the submission of revised findings/conclusions/verdict slips will be discussed at the conclusion of trial.

Summary: Parties must submit revised or supplemental findings of fact, conclusions of law, and verdict slips with specific reference to trial evidence, on a schedule to be set at the conclusion of trial.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Proposed findings conclusions and verdict slips ?

The court does math only if it requires very simple calculations. Counsel are specifically directed to do their own math especially as to calculating lost pay and interest.

Summary: Counsel must perform their own calculations (especially lost pay and interest) in their submissions; the court will do math only for very simple calculations.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Lay opinion testimony disclosure ?

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: Parties offering FRE 701 lay opinion testimony on liability or damages must provide opposing parties with supporting information or documents by the expert report deadline.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Plea documents

The attorney for the United States shall submit the plea memorandum, a copy of any guilty plea agreement, motions, and other related regarding the direct filing of plea documents prior to any plea hearing, pursuant to the interests of both parties.

Summary: The government's attorney must submit the plea memorandum, a copy of any guilty plea agreement, motions, and related plea documents prior to the plea hearing.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

Rule 26f report

The Rule 26(f) Report should attach critical documents for review by the Court (e.g., in a contract case, the document(s) comprising the contract; in a personal injury case, photographs of the scene, etc.).

Summary: The Rule 26(f) Report should attach critical documents for the Court's review, such as the contract in a contract case or photographs of the scene in a personal injury case.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

Joint or unopposed motion

Joint or unopposed motions should be clearly identified as such in the title of the pleading, so that they can be given expedited consideration.

Summary: Joint or unopposed motions must be clearly identified as such in the title of the pleading to receive expedited consideration.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

Exhibit

Each document filed as an exhibit on ECF must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document (e.g., 6/14/19 Deposition of John Doe; 10/14/21 Letter from Smith to Jones; 3/15/20-3/23/20 Email Thread between Doe and Roe) so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file.

Summary: Each ECF exhibit must be filed as a separately numbered attachment to the main document and clearly titled with an objective description so its nature and relevance are discernible without opening the file.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

All filings

All filings must also separately include an index providing the above information. See Local Rule 5.1.2-5(b).

Summary: All filings must separately include an index providing objective descriptions of the exhibits, per Local Rule 5.1.2-5(b).

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

Motions and pleadings

In all motions and pleadings, references to other documents on the docket, e.g. "Plaintiff's Second Amended Complaint," should identify those documents by their ECF number to facilitate retrieval.

Summary: Motions and pleadings should identify referenced docket documents by their ECF numbers to facilitate retrieval.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Voir dire questions

Counsel should submit one unified and agreed upon set of voir dire questions in writing seven days before the trial date.

Summary: Counsel should submit one unified, agreed-upon set of voir dire questions in writing seven days before the trial date.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Settlement conference memorandum ?

Organize and bring critical documents. Judge Toplin wants to see them. Attach relevant summary of expert reports to the conference memos. Judge Toplin will review them. Bring any photographs, sketches, diagrams, and charts. Judge Toplin will review them.

Summary: For settlement conferences, counsel must organize and bring critical documents and any photographs, sketches, diagrams, and charts, and must attach summaries of relevant expert reports to the conference memos.

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to

Pretrial memorandum ?

In certain cases, Judge Toplin may require that counsel stipulate uncontested facts as generally set out in Local Rule 16.1(d)(2)(b)(2)(A-E).

Summary: In certain cases, Judge Toplin may require counsel to stipulate to uncontested facts as set out in Local Rule 16.1(d)(2)(b)(2)(A-E).

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

Reply brief

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.

Summary: Reply briefs may address only issues raised in the opposition brief and must not repeat arguments.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

Sur reply ?

No further briefs may be filed.

Summary: No further briefs, including sur-replies, may be filed after the reply brief.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to

Exhibit schedule ?

The parties shall provide the Court with one copy of each exhibit to which there is an objection and two copies of a schedule of exhibits which shall describe each exhibit.

Summary: The schedule of exhibits must describe each exhibit.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Rule 26f report ?

If the parties believe ninety days are insufficient for discovery, they should provide an explanation in their 26(f) Report.

Summary: Parties who believe 90 days is insufficient for discovery should explain the need in their Rule 26(f) report.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Motion or response

The best practice is to file an index of exhibits referenced in the Motion or Response with the Motion or Response, identifying the exhibit, its content, and where it can be found on the ECF (see Local Rule 5.1.2, Subsection 5(b)).

Summary: Best practice (not mandatory) is to file an index of exhibits referenced in a motion or response identifying the exhibit, its content, and its ECF location.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Arbitration certification

Judge Kenney will evaluate, as necessary, counsel's Arbitration Certification in non-

Summary: Counsel must submit an Arbitration Certification, which Judge Kenney will evaluate as necessary in certain cases (text truncated mid-sentence).

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Pretrial memorandum ?

Parties’ pretrial memoranda will be considered as their trial brief.

Summary: A separate trial brief is not required because the parties' pretrial memoranda serve as their trial briefs.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Proposed jury instructions ?

Jury instructions need only be submitted with respect to substantive issues in the case. Proposed instructions on procedural matters such as the burden of proof, unanimity, and credibility are not necessary.

Summary: Proposed jury instructions are required only for substantive issues; instructions on procedural matters such as burden of proof, unanimity, and credibility are not necessary.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Proposed jury instructions ?

Model Jury Instructions are favored. In Pennsylvania law, the Pennsylvania Standard instructions are favored for diversity cases. In federal question cases, the Third Circuit Model Jury Instructions are favored. Each proposed standard instruction need only reference the Standard Instruction Number as well as the title of the volume and the publication date of the instruction. Counsel should search for and use the most recent volume.

Summary: Model jury instructions are favored (Pennsylvania Standard for diversity cases; Third Circuit Model for federal question cases), and each proposed standard instruction need only cite the Standard Instruction Number, volume title, and publication date from the most recent volume.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Proposed findings conclusions ?

He may also require the parties to submit proposed findings of fact and conclusions of law prior to the hearing.

Summary: In TRO/preliminary injunction proceedings, the Court may require the parties to submit proposed findings of fact and conclusions of law before the hearing.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Trial exhibits ?

Counsel is encouraged, however, to provide the Court with only the essential and relevant portions of bulky exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.

Summary: Counsel is encouraged to give the Court only the essential and relevant portions of bulky exhibits, with sufficient material to provide context.

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to

Proposed jury instructions ?

Judge Toplin prefers use of the Third Circuit Model Jury Instructions whenever possible.

The quote is in the court's document. The summary is not checked yet.INFO?

Civil cases

Applies to

Motion

Oral argument is not routinely scheduled. A party desiring oral argument may request it in the body of the motion or responsive pleading.

Summary: A party desiring oral argument may request it in the body of the motion or responsive pleading.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Trial exhibit

Must include

exhibit list ?

All trial exhibits and discovery items to be offered shall be pre-marked and exchanged by counsel at least three (3) business days prior to the date of trial.

Summary: Trial exhibits and discovery items must be pre-marked and exchanged at least 3 business days before trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

separate statement of undisputed material facts ?

A motion for summary judgment shall include a separate statement of those material facts that the movant contends are not in dispute with supporting citations to the record. Failure to comply with this requirement shall be grounds for summary denial of the motion.

Summary: Summary judgment motions must include separate statement of undisputed material facts with record citations.

Machine summary. Not checked yet.CRITICAL?

Deadline

24 hours

Applies to

Proposed findings conclusions ?

she may require proposed findings of fact and conclusions of law no later than twenty-four (24) hours after such a hearing.

Summary: Proposed findings and conclusions may be required within 24 hours after TRO hearing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Joint appendix

Must include

bates stamping ?

All pages of the joint appendix shall be consecutively 'Bates stamped' and referenced in the motions and briefs by the Bates number assigned each page.

Summary: Joint appendix pages must be consecutively Bates stamped and referenced.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

Must include

joint appendix ?

Judge Beetlestone will not consider material not included in the appendix.

Summary: Only appendix materials will be considered by the judge.

Machine summary. Not checked yet.CRITICAL?

Applies to

Reply statement of undisputed material facts

Must include

email to chambers ?

Format

WORD

Counsel for the moving party shall email a copy of the Reply Statement of Undisputed Material Facts to Chambers in Microsoft Word format.

Summary: Reply Statement of Undisputed Material Facts must be emailed to Chambers in Word format.

Machine summary. Not checked yet.CRITICAL?

Applies to

Stipulation

Must include

original signatures

Any stipulations, consent decrees, or other documents requiring Court approval or signature must be submitted in a form containing original signatures (faxed signatures are accepted). Please do not file Stipulations on ECF. Stipulations are not effective until approved by the Court.

Summary: Stipulations must have original signatures, not filed on ECF, effective only after Court approval.

Machine summary. Not checked yet.CRITICAL?

Applies to

Joint status report

Must include

joint status report

At least three business days prior to the pretrial conference, counsel must complete and submit to the Court via ECF filing the joint status report of the Rule 26(f) meeting.

Summary: Joint status report of Rule 26(f) meeting required 3 business days before Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Initial disclosure

Initial disclosures pursuant to Rule 26(a) shall be completed no later than seven (7) days before the Rule 16 conference.

Summary: Initial disclosures must be completed 7 days before Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 16 conference

Must include

lead trial counsel attendance ?

Lead trial counsel must attend the Rule 16 conference. If a party fails to appear at a scheduled Rule 16 Conference, absent good cause, monetary sanctions may be applied.

Summary: Lead trial counsel must attend Rule 16 conference; failure to appear may result in monetary sanctions.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery

Must include

notice of electronic filing ?

Judge Beetlestone expects discovery to commence upon receipt of the Notice scheduling the initial Rule 16 conference.

Summary: Discovery must commence upon receipt of Rule 16 conference notice.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion

Must include

certificate of conference ?

All discovery motions must contain the certification required under Local Civil Rule 26.1(f). The Rule requires that counsel who is submitting the dispute to the Court include a certification that a good faith resolution effort has been made by counsel involved in the dispute. Judge Beetlestone expects that such a certification will be substantive, specific, and meaningful.

Summary: Discovery motions must include certification of good faith resolution efforts.

Machine summary. Not checked yet.CRITICAL?

Applies to

Temporary restraining order

Must include

hearing notice, notice to respondent, service on respondent ?

Except in cases where the nature of the emergency precludes it, Judge Beetlestone requires the petitioner to notify the respondent of the nature of the request for a Temporary Restraining Order; to serve the petition and proposed Order upon the respondent, if practical; and to provide the respondent with notice of the date, time and location of the hearing or argument.

Summary: TRO petitioners must notify and serve respondents when practical.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief

Any brief of twenty (20) pages or more shall include a table of contents and table of authorities.

Summary: Briefs of 20+ pages require table of contents and table of authorities.

Machine summary. Not checked yet.CRITICAL?

Applies to

Joint appendix

Must include

bates stamping, table of contents ?

The joint appendix shall be filed by the movant no later than the date the initial motion for summary judgment is docketed.

Summary: Joint appendix must be filed when summary judgment motion is docketed.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibits

Must include

thumb drive

At the close of evidence, the parties shall submit to the Court a thumb drive which includes only those exhibits admitted into evidence. The documents on the thumb drive shall be provided to the Jury.

Summary: Thumb drive with admitted exhibits must be provided to court and jury.

Machine summary. Not checked yet.CRITICAL?

Applies to

Continuance motion ?

Must include

proposed order ?

Any such motion must be accompanied by a proposed form of Order which, if approved by the Court, would grant the relief sought by the motion.

Summary: Continuance motions must include a proposed order.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions ?

Judge Beetlestone requires that at least three (3) working days before the date the case is set for trial, each party shall submit to the Court and serve on each other, two (2) copies of proposed points for charge and a proposed verdict form, and also shall provide those documents to Chambers in digital form in Microsoft Word format.

Summary: Proposed jury instructions and verdict forms due 3 working days before trial.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum

Judge Beetlestone requires the government to submit a guilty plea memorandum five (5) days prior to the guilty plea.

Summary: Government must submit guilty plea memorandum 5 days before guilty plea.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum ?

Such a memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such elements.

Summary: Guilty plea memoranda must include offense elements and legal citations.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

The sentencing memoranda should be submitted to the Court no later than five (5) days prior to the sentencing hearing.

Summary: Sentencing memoranda due 5 days before sentencing hearing.

Machine summary. Not checked yet.CRITICAL?

Applies to

All

Must include

ai disclosure ?

Parties who use Artificial Intelligence in preparing papers filed with the Court must declare the use of AI, which AI was used and must certify that the signer checked that all cited authorities are proper.

Summary: AI use must be declared and cited authorities verified.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 26f report

The Rule 26(f) report must be submitted no later than five (5) days before the Rule 16 conference.

Summary: Rule 26(f) report due 5 days before Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 26f meeting ?

The parties are expected to meet at least fourteen (14) days before the Rule 16 Conference.

Summary: Rule 26(f) meeting must occur at least 14 days before Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 26f report ?

Parties must fill out the Rule 26(f) form available on Judge Henry’s Court webpage (https://www.paed.uscourts.gov/sites/paed/files/documents/procedures/henpolb.pdf).

Summary: Specific Rule 26(f) form must be used from Judge Henry's webpage.

Machine summary. Not checked yet.CRITICAL?

Applies to

Threshold motion

Parties are also expected to submit all possible threshold motions no later than (5) days before the Rule 16 conference, including any motions to dismiss, transfer, or add parties.

Summary: Threshold motions (dismiss, transfer, add parties) due 5 days before Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

A motion that (1) complies with Local Civil Rule 26.1(f) by certifying that the parties, after reasonable effort, are unable to resolve the dispute, and (2) specifies whether the parties request a telephone conference with Judge Henry to resolve the matter;

Summary: Discovery motion must certify good faith efforts and request phone conference if desired.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

Must include

proposed order

A proposed order;

Summary: Proposed order required with discovery motion.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

joint filing ?

Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position.

Summary: Multiple plaintiffs/defendants must file joint motions unless conflicts exist.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

Must include

statement of facts

A statement of facts must accompany a moving party's motion for summary judgment.

Summary: Statement of facts required with summary judgment motions.

Machine summary. Not checked yet.CRITICAL?

Applies to

Continuance motion ?

Must include

existing conflicts, reason for request, amount of time sought +1 more ?

Requests for a continuance must be filed as a motion stating the reasons for the request, the position of the other side, the amount of time sought, and existing conflicts potentially impacting scheduling of a new trial date.

Summary: Continuance motions must include reasons, opposing position, time sought, and scheduling conflicts.

Machine summary. Not checked yet.CRITICAL?

Applies to

Continuance motion ?

Must include

consent form signed by defendant ?

Any such motion must be accompanied by a consent form signed by the defendant.

Summary: Continuance motions require defendant's signed consent form.

Machine summary. Not checked yet.CRITICAL?

Applies to

Continuance motion ?

Must include

proposed order, speedy trial act compliance ?

The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed

Summary: Continuance orders must comply with Speedy Trial Act and include proposed order.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum

Must include

judge name, case number, certificate of service +1 more ?

The United States must submit a guilty plea memorandum at least one week prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea. The change of plea memorandum shall be submitted to chambers by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.

Summary: Government must submit guilty plea memorandum one week before plea hearing with specific content requirements.

Machine summary. Not checked yet.CRITICAL?

Applies to

Trial memorandum

Must include

judge name, case number, certificate of service +1 more ?

The government must file a trial memorandum by no later than one week before jury selection setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues. The defendant is not required to file a trial memorandum but may do so.

Summary: Government must file trial memorandum one week before jury selection with witness and evidence details.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing motion

Must include

judge name, case number, certificate of service +1 more ?

Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.

Summary: Sentencing motions must be filed 7 days before sentencing with 3-day response deadline.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Must include

judge name, case number, certificate of service +1 more ?

Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Summary: Sentencing memoranda must be filed 7 days before sentencing with 3-day response deadline.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pre sentence investigation report

Must include

judge name, case number, certificate of service +1 more ?

All Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.

Summary: Pre-sentence reports and sentencing memoranda must be emailed to chambers in Word format.

Machine summary. Not checked yet.CRITICAL?

Applies to

All

Must include

ai disclosure ?

Parties who use Artificial Intelligence in preparing papers filed with the Court must declare the use of AI, which AI was used and must certify that the signer checked that all cited authorities are proper.

Summary: Parties using AI to prepare court filings must declare which AI was used and certify that cited authorities were verified.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

The motion must specify (1) the attorney's admissions, (2) why the party desires that attorney to participate in litigation, and (3) why that attorney is particularly qualified to represent the party.

Summary: Pro hac vice admission motions must specify the attorney's admissions, reasons for participation, and qualifications.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

Must include

proposed order

A motion that (1) complies with Local Civil Rule 26.1(f) by certifying that the parties, after reasonable effort, are unable to resolve the dispute, and (2) specifies whether the parties request a telephone conference with Judge Henry to resolve the matter; • A proposed order

Summary: Discovery dispute motions must include certification of efforts to resolve, request for telephone conference specification, and a proposed order.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order

Must include

proposed order

All proposed orders must contain language to this effect: "The Court reserves its inherent power to modify the terms of this Order and permit the disclosure of information in the interest of justice."

Summary: All proposed orders must include language reserving the Court's power to modify the order.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

A statement of facts must accompany a moving party's motion for summary judgment. The parties may jointly file a statement of stipulated material facts. Alternatively, the moving party may file proposed undisputed material facts. Regardless of which option the parties choose, the moving party must file that initial statement of material facts as a separate document with the moving party's Rule 56 motion. Each fact must be in a separately numbered paragraph and accompanied by pinpoint citations that cite not only the relevant exhibit, but the relevant page and line number of that exhibit.

Summary: Summary judgment motions must include a statement of facts as a separate document with numbered paragraphs and pinpoint citations.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

Pretrial memoranda must be submitted at least (7) business days prior to the final pretrial conference and must include the following: • A list of witnesses and the substance of each witness's testimony. • A list and brief description of any motions in limine. • Notice of any depositions (written or video) that the party intends to use at trial. • Any objections to witnesses and exhibits that the parties have been unable to resolve. Wherever applicable, the objecting party must identify the page of an exhibit and page and line number of a deposition that the party objects to and state the basis of the objection. • A list of any joint stipulations that the parties plan to enter at trial. • Proposed joint questions for voir dire. • Proposed joint jury instructions and verdict forms.

Summary: Pretrial memoranda are due 7 business days before the final pretrial conference and must contain witness lists, motions in limine, deposition notices, objections, stipulations, voir dire questions, and jury instructions.

Machine summary. Not checked yet.CRITICAL?

Applies to

Continuance motion ?

Requests for a continuance must be filed as a motion stating the reasons for the request, the position of the other side, the amount of time sought, and existing conflicts potentially impacting scheduling of a new trial date. Any such motion must be accompanied by a consent form signed by the defendant. The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed

Summary: Criminal continuance motions must state reasons, other side's position, time sought, and conflicts, and must include a defendant-signed consent form and Speedy Trial Act compliant proposed order.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum

The United States must submit a guilty plea memorandum at least one week prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea. The change of plea memorandum shall be submitted to chambers by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.

Summary: Government must submit guilty plea memorandum one week before change of plea hearing via email.

Machine summary. Not checked yet.CRITICAL?

Applies to

Trial memorandum

The government must file a trial memorandum by no later than one week before jury selection setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues.

Summary: Government must file trial memorandum one week before jury selection with witness and issue details.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.

Summary: Sentencing motions due 7 days before sentencing; responses due 3 days before; no replies without leave.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Summary: Sentencing memoranda due 7 days before sentencing; responses due 3 days before.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

E discovery ?

Must include

certificate of conference ?

Prior to the Rule 26(f) conference, the parties shall exchange the following information: a. a list of the most likely custodians of relevant electronic materials, including a brief description of each person's title and responsibilities; and, b. a list of each relevant electronic system that has been in place at all relevant times and a general description of each system, including the nature, scope, character, organization, and formats employed in each system.

Summary: Parties must exchange custodian and system information before Rule 26(f) conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

E discovery

Must include

certificate of conference ?

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 scheduling conference with the court.

Summary: Parties must discuss e-discovery parameters at Rule 26(f) conference and be prepared for Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

E discovery

Must include

certificate of conference ?

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

Summary: Each party must designate an e-discovery liaison familiar with systems and technical aspects.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery conference ?

Must include

certificate of conference ?

The parties shall be prepared to address e-discovery at the Rule 16 scheduling conference with the Court. At the Rule 26(f) conference, they must discuss the parameters of their anticipated e-discovery. They are required to address procedures to preserve electronically stored information, to avoid inadvertent privilege waivers, and to determine the form in which electronic information will be produced. The cost of producing the information must be discussed.

Summary: E-discovery procedures must be discussed at Rule 16 and Rule 26(f) conferences.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Settlement discussion ?

Must include

certificate of conference ?

The parties must familiarize themselves with Local Rule 53.3 before responding. Recite the parties’ discussion about early resolution through ADR, motion or otherwise explain what steps were taken by counsel to advise the client of alternative dispute resolution options. Explain any decision not to seek early resolution and what mediation options the parties may consider and when mediation would be appropriate.

Summary: Parties must discuss ADR options and comply with Local Rule 53.3.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery conference ?

Must include

certificate of conference ?

All counsel must certify that they have read Judge Kenney’s guidelines as to discovery and objections.

Summary: Counsel must certify they have read Judge Kenney's discovery guidelines.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial conference memorandum

Must include

judge name, case number ?

At least seven days prior to the Pretrial Conference, each counsel shall docket a Pretrial Conference Memorandum which includes the following:

Summary: Pretrial Conference Memorandum must be docketed at least 7 days before conference

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial conference memorandum

Must include

exhibit list, witness list ?

Failure to submit a Pretrial Conference Memorandum or failure to list a witness or exhibit on this disclosure, may result in the preclusion of that evidence or testimony.

Summary: Failure to submit memorandum or list witnesses/exhibits may result in preclusion

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument.

Summary: Parties must file a motion for claim construction hearing simultaneously with the Joint Claim Construction Brief, stating briefing is complete and requested argument time.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

caption ?

Except as otherwise specified herein, any application to the Court shall be by written motion.

Summary: All applications to the Court must be made by written motion unless otherwise specified.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion ?

Must include

certificate of conference ?

Should the parties be unable to resolve the dispute, the filing party shall file a Certification indicating that they have communicated with the non-filing party or parties in an attempt to resolve the dispute and the date(s) of discussion(s), the length of the discussion, as well as a brief (no more than one sentence each) description of the issues which were discussed.

Summary: Certification of meet and confer required with motion, including dates, length, and brief description of issues discussed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Rule 26f report

Must include

joint submission ?

Five days in advance of the Rule 16 Conference, the parties shall jointly submit a Rule 26(f) report. Judge Weilheimer’s required format is available here. Patent cases have a separate 26(f) format which can be found here.

Summary: Joint Rule 26(f) report required 5 days before Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery

This Court expects discovery to commence immediately upon the issuance of the Order scheduling the Rule 16 Conference—not from the date of the Conference itself. Accordingly, by the time of most Rule 16 Conferences, fact discovery should already be well underway.

Summary: Discovery must commence immediately upon Rule 16 scheduling order, not at conference date.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Exhibit

Must include

caption, objective description ?

All exhibits must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file (e.g., 6/14/19 Deposition of John Doe).

Summary: Exhibits must be separately numbered attachments with clear objective titles.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint statement of undisputed facts

Must include

certificate of conference ?

At least 28 days in advance of a motion for summary judgment, all parties are required to meet and confer regarding the possibility of entering into a joint statement of undisputed facts (the “Joint Statement”).

Summary: Parties must meet and confer 28 days before summary judgment motion to discuss joint statement of undisputed facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint statement of undisputed facts ?

The Joint Statement should include all facts upon which any party expects to rely in moving for or opposing summary judgment and about which there is no factual dispute between the parties.

Summary: Joint Statement must include all undisputed facts relied upon by any party for summary judgment.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion ?

But no party shall unilaterally file a “Statement of Undisputed Facts" setting forth its interpretation of the record.

Summary: Parties cannot unilaterally file their own Statement of Undisputed Facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief ?

All references to facts not included in the Joint Statement described above must be contained within the party’s memorandum and cite to the record.

Summary: Facts not in Joint Statement must be cited to record within party's memorandum.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion ?

Must include

certificate of conference ?

If the parties are unable to agree upon a Joint Statement, the filing party is required to include a certification that no agreement could be reached.

Summary: If no Joint Statement agreement, filing party must certify inability to reach agreement.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Amended notice of removal

If a case is brought before this Court by way of a Notice of Removal, the party removing the action, if they have not done so in their original Notice of Removal, is required to file an Amended Notice of Removal, attaching the State Court Complaint as a separate exhibit, named consistent with the naming convention outlined for exhibits to motions, supra.

Summary: Removing party must file Amended Notice of Removal with State Court Complaint as exhibit.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Answer

Must include

certificate of service ?

Any party who has already filed an Answer in the underlying State Court Action must docket that Answer without revision within 21 days of removal.

Summary: Parties with State Court Answer must docket it without revision within 21 days of removal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Dispositive motion

Must include

certificate of service ?

Any party who has Preliminary Objections or some other dispositive motions pending in the State Court Action at the time of removal must, within 21 days, either: (1) reformat the preliminary objections or dispositive motion to be consistent with the Federal Rules of Civil Procedure, the Eastern District of Pennsylvania’s Local Rules, and this Court’s preference and place the same on the docket; or (2) file an Answer, which will be constituted as a withdrawal of the pending preliminary objections or dispositive motion (though not a waiver of any issue of law).

Summary: Parties with pending State Court dispositive motions must reformat or withdraw within 21 days of removal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Settlement conference memorandum

Seven days in advance of the conference the parties will be required to submit a confidential Settlement Conference Memorandum. This memorandum shall NOT be docketed and should NOT be shared with opposing counsel.

Summary: Settlement Conference Memorandum must be submitted 7 days in advance, confidential, not docketed, not shared with opposing counsel.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial conference memorandum

Seven days prior to the Pretrial Conference counsel shall submit Pretrial Conference Memorandum, the requirements are attached here.

Summary: Pretrial Conference Memorandum must be submitted 7 days before Pretrial Conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Exhibit

Must include

exhibit list ?

Three copies of all exhibits expected to be introduced at trial are to be provided at the commencement of trial. (One copy will be used for the witness and retained for the record, one Court copy and one law clerk copy).

Summary: Three copies of trial exhibits required at commencement of trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Trial procedure ?

Judge Weilheimer will not permit more than one attorney for a party to examine the same witness. The examining attorney is the only one permitted to raise objections during the opposing party’s questioning.

Summary: Only one attorney per party may examine each witness; only that attorney may object during opposing questioning.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pro hac vice admission ?

Must include

local counsel appearance ?

While a motion for leave to appear pro hac vice is pending, local counsel must be present at every appearance before the Court, including those held on the phone or virtually.

Summary: Local counsel must attend all appearances while pro hac vice motion is pending.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pro hac vice admission ?

Must include

local rule compliance ?

Pro hac vice counsel is expected to review and comply with the EDPA local rules as well as Judge Weilheimer’s protocols.

Summary: Pro hac vice counsel must review and comply with EDPA local rules and Judge's protocols.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Settlement memorandum

At least five days prior to the Settlement Conference. a confidential Settlement Memorandum should be sent via email to chambers at chambers weilheimer@paed.uscourts.gov. This document should not be docketed and should not be provided to opposing counsel.

Summary: A confidential Settlement Memorandum must be emailed to chambers at least five days before the Settlement Conference and must not be docketed or shared with opposing counsel.

Machine summary. Not checked yet.CRITICAL?

Applies to

Joint status report

Must include

judge name, case number ?

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

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial conference ?

Must include

client authority, lead trial counsel attendance ?

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

Machine summary. Not checked yet.CRITICAL?

Applies to

Arbitration

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Post arbitration ?

Ordinarily, neither discovery nor dispositive motions will be allowed after the arbitration hearing.

Summary: No discovery or dispositive motions after arbitration hearing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed findings conclusions ?

Must include

proposed findings conclusions ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions ?

Must include

citation to specific authority ?

The court will not consider proposed instructions without citation to specific legal authority.

Summary: Proposed jury instructions without citations will not be considered.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

proposed order ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Counsel should submit a copy of the proposed jury instructions to chambers via email.

Summary: Proposed jury instructions must be emailed to chambers.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

page references, accurate quoting ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed findings conclusions ?

Must include

proposed order ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Deposition

Must include

oral or videotaped deposition

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Voir dire questions

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed findings conclusions ?

Must include

proposed order ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

caption, judge name, case number ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

judge name ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed findings conclusions ?

Must include

judge name ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint status report ?

Must include

chambers copy ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

E discovery

Must include

e discovery liaison

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibits

Must include

no duplicate exhibits ?

Do not attach as exhibits any documents that are already on the docket.

Summary: Do not attach as exhibits documents already on the docket.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibits

Must include

web page exhibits ?

You must attach as exhibits copies of any web pages relied upon.

Summary: Web pages relied upon must be attached as exhibits.

Machine summary. Not checked yet.CRITICAL?

Applies to

Extension request ?

Must include

ecf filing, good cause ?

Requests for extensions of time must be made by motion or stipulation filed by ECF (and not sent to the Clerk of Court, e-mailed to chambers, or requested by telephone). Such requests — even if joint or unopposed — must show good cause for proposed extension. Lack of diligence generally defeats good cause.

Summary: Extension requests must be ECF motions/stipulations showing good cause; lack of diligence defeats good cause.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

certificate of conference ?

Any Rule 12 motion to dismiss must be accompanied by a certification (preferably filed separately on the docket) that the parties have met and conferred on the substance of the motion, and a statement of each party’s position and reasons for whether or not discovery should proceed while the Rule 12 motion is pending.

Summary: Rule 12 motions to dismiss require meet-and-confer certification and discovery position statement.

Machine summary. Not checked yet.CRITICAL?

Applies to

Amended pleading

Must include

redline version

Amended pleadings must always be accompanied by a redline version indicating the amendments that were made.

Summary: Amended pleadings require a redline version showing changes.

Machine summary. Not checked yet.CRITICAL?

Applies to

Joint rule 26f report

The parties must file a joint Rule 26(f) report no later than 7 days before the initial Rule 16 conference.

Summary: Joint Rule 26(f) report due 7 days before initial Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 26a1 initial disclosures

The parties must exchange Rule 26(a)(1) initial disclosures no later than 14 days before the initial Rule 16 conference.

Summary: Rule 26(a)(1) initial disclosures due 14 days before initial Rule 16 conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

Must include

proposed order

The motion (and any opposition) must include a detailed and specific proposed order setting forth the precise relief requested; only for the simplest of motions is it sufficient to merely state that the motion is granted.

Summary: Discovery motions must include detailed proposed orders with specific relief.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

Must include

local rule certificate ?

The Local Rule 26.1 certification should be specific and substantive. Failure to do so will usually bar relief.

Summary: Local Rule 26.1 certification must be specific and substantive or relief will be barred.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

statement of facts

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 motion must include jointly prepared consolidated statement of facts and joint set of exhibits

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

statement of facts

The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion.

Summary: Moving party must file consolidated statement of facts and joint exhibits with summary judgment motion

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

proposed order ?

At the time ordered, or otherwise no later than 7 days before the final pretrial conference, the parties shall file proposed verdict sheets and proposed jury instructions, together with objections, as follows:

Summary: Proposed verdict sheets and jury instructions must be filed 7 days before final pretrial conference

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

caption, judge name, case number ?

Unless otherwise ordered, at least 14 days before the deadline for filing proposed verdict sheets and proposed jury instructions, the plaintiff shall serve on defendant draft jury instructions and a draft verdict sheet, both in Word format. The draft instructions shall include thorough citations to model instructions or other legal authority relied upon.

Summary: Plaintiff must serve draft jury instructions and verdict sheet 14 days before filing deadline

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions ?

Must include

caption, judge name, case number ?

Defendant shall respond within 7 days by serving on plaintiff a redline version along with explanatory comment bubbles or some equivalent to establish areas of and reasons for disagreement.

Summary: Defendant must respond to draft jury instructions within 7 days with redline and comments

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

caption, judge name, case number ?

The parties shall then meet and confer to resolve as many disputes as possible. Finally, by the court’s deadline, the parties shall file a single set of jury instructions and a single verdict sheet, clearly reflecting alternative language using different formatting, brackets, redlining, or the like, and reasons therefore.

Summary: Parties must meet and confer, then file single set of jury instructions with alternative language

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

caption, judge name, case number ?

In addition to filing the jury instructions and verdict sheet on the docket, the parties shall e-mail to chambers the Word versions (with redlines, comment bubbles, and the like included).

Summary: Word versions of jury instructions must be emailed to chambers with redlines and comments

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial order ?

Must include

caption, judge name, case number ?

The final pretrial conference will be scheduled for a time between the filing of the integrated pretrial memorandum and the beginning of the trial. At the conference, counsel must be prepared to discuss all aspects of the memorandum; any pending motions; any objections that have been raised; the jury instructions and verdict sheet, if they have been filed; how exhibits will be handled and other trial logistics; and any other aspect of trial planning.

Summary: Final pretrial conference must cover memorandum, motions, objections, jury instructions, exhibits, and trial logistics

Machine summary. Not checked yet.CRITICAL?

Applies to

Dismissal request ?

Must include

caption, judge name, case number ?

A request — filed on the docket — for a dismissal under Local Rule 41.1(b) because the case has settled.

Summary: Dismissal requests for settled cases must be filed on the docket under Local Rule 41.1(b).

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibits

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 the Court receives a filing with a single document marked “Exhibits,” it 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 “Exhibit A: Contract,” “Exhibit B: Declaration of John Smith,” or some other reference to permit the Court to identify what the exhibit is without having to open the file.

Summary: Exhibits must be filed as separate documents with descriptive names; single "Exhibits" file will be struck.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pro hac vice motion ?

Must include

caption, judge name, case number ?

To be admitted pro hac vice, associate counsel of record should submit a written motion for admission.

Summary: Submit written motion for pro hac vice admission.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pro hac vice motion

Must include

caption, judge name, case number ?

The Court will deny pro hac vice motions for which no fee has been submitted and recorded on the docket.

Summary: Pro hac vice motions without fee will be denied.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 16 conference

Must include

lead counsel in person ?

Lead trial counsel must attend the Rule 16 conference in person.

Summary: Lead trial counsel must attend Rule 16 conference in person.

Machine summary. Not checked yet.CRITICAL?

Deadline

7 calendar days ?

Applies to

Joint status report

Must include

joint status report

At least seven calendar days prior to the pretrial conference, counsel must submit to chambers a joint status report pursuant to Federal Rule of Civil Procedure 26(f).

Summary: Joint status report required 7 days before pretrial conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 26f form

Must include

use court sample form ?

The parties must use the Court’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.

Summary: Parties must use Court's sample Rule 26(f) form.

Machine summary. Not checked yet.CRITICAL?

Applies to

Initial pretrial conference

Must include

address all rule 16 topics, address settlement proposals ?

At the initial pretrial conference, the parties should be prepared to address all topics listed in the Local Rule of Civil Procedure 16.1(b) and Federal Rule of Civil Procedure 16(b) and (c), the progress of initial disclosure under Federal Rule of Civil Procedure 26(a) and any settlement or mediation proposals.

Summary: Parties must address all Rule 16 topics and settlement proposals at initial pretrial conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Lead counsel

Must include

attend rule 16, participate rule 26 ?

Lead counsel shall participate in the Rule 26 conference, attend the Rule 16 conference, and be deemed lead counsel for all future proceedings.

Summary: Lead counsel must participate in Rule 26 and attend Rule 16 conferences.

Machine summary. Not checked yet.CRITICAL?

Applies to

Lead counsel

Must include

attend all court proceedings

A designation of 'lead counsel' will mean that counsel will attend all court proceedings.

Summary: Lead counsel must attend all court proceedings.

Machine summary. Not checked yet.CRITICAL?

Applies to

Final pretrial conference

There will be a final Pretrial Conference within ten days of the trial.

Summary: Final Pretrial Conference within 10 days of trial.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum

Must include

comply with local rule 16 1 ?

Counsel shall comply with Local Rule 16.1 regarding the submission of a pretrial memorandum.

Summary: Pretrial memorandum must comply with Local Rule 16.1.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

Unless otherwise specified in a scheduling order, these memoranda shall be filed no later than then ten days prior to the Pretrial Conference.

Summary: Pretrial memoranda due 10 days before Pretrial Conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Stipulation

Must include

chambers copy ?

Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be emailed to chambers rather than sent to the Clerk of Court.

Summary: Stipulations and proposed orders must be emailed to chambers, not the Clerk.

Machine summary. Not checked yet.CRITICAL?

Applies to

Reply ?

Must include

leave of court ?

Replies and sur-replies are not permitted unless leave to file them is granted upon motion of a party. Such briefs should be attached to a motion for leave as an exhibit, must be concise and address only new issues raised by opposing counsel. The Court discourages any replies or sur- replies that repeat or rehash previous arguments.

Summary: Replies and sur-replies require leave of court and must address only new issues.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion for summary judgment

Must include

statement of undisputed facts

The movant shall file, in support of the motion for summary judgment, a separate “statement of undisputed facts” that set forth, in numbered paragraphs, all material facts the movant contends are undisputed.

Summary: Movant must file statement of undisputed facts with summary judgment motion.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

Must include

statement of disputed facts

The respondent shall file, in opposition to the motion for summary judgment, a separate “statement of disputed facts” responding to the numbered paragraphs set forth in the movant’s statement of undisputed facts.

Summary: Respondent must file statement of disputed facts opposing summary judgment motion.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

Must include

statement of additional facts

The respondent shall also set forth, in separate paragraphs under the heading “statement of additional facts,” any additional facts which the respondent contends preclude summary judgment.

Summary: Respondent must include statement of additional facts with summary judgment opposition.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion for summary judgment ?

Must include

statement of undisputed facts

All material facts set forth in the statement of undisputed facts will be deemed admitted unless specifically controverted by the opposing party.

Summary: Undisputed facts deemed admitted unless controverted.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

Must include

statement of disputed facts ?

If a party disputes a fact without citing supporting evidence, the fact will be deemed admitted.

Summary: Facts disputed without evidence are deemed admitted.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion for summary judgment

Must include

statement of undisputed facts ?

Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record which support each of the statements. Each stated fact and each statement that a material fact is disputed shall cite to the source relied upon, including the title, page and line of the document supporting the statement.

Summary: Fact statements must include specific record citations with title, page, and line.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion for summary judgment ?

Must include

appendix

The movant shall file an appendix containing all the evidence to which the movant refers in its motion.

Summary: Movant must file appendix with all cited evidence.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

Must include

supplemental appendix

The respondent shall file a supplemental appendix containing any additional evidence to which the respondent refers in its response.

Summary: Respondent must file supplemental appendix with additional evidence.

Machine summary. Not checked yet.CRITICAL?

Applies to

Appendix

Must include

timely filed, appropriately formatted ?

Judge Gallagher will not consider any evidence not included in a timely filed and appropriately formatted appendix.

Summary: Evidence not in timely filed, properly formatted appendix will not be considered.

Machine summary. Not checked yet.CRITICAL?

Applies to

Dispositive motion

Must include

follow procedures ?

A movant's failure to follow the foregoing procedures for dispositive motions in all respects will result in a denial of the motion. Respondent's failure to comply with these procedures in all respects will result in the Court's considering the motion uncontested.

Summary: Non-compliance with appendix procedures results in denial or uncontested consideration.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery dispute letter ?

Must include

filed on ecf

Counsel should provide the Court with a brief letter explaining the discovery dispute and requesting a conference. Such letters should be filed on ECF.

Summary: Discovery dispute letters must be filed on ECF.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion

Must include

certificate of conference ?

In a filed discovery motion, the certificate of counsel must provide specific details about 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.

Summary: Discovery motion certificate must detail verbal efforts to resolve dispute.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

It is not sufficient to report that opposing counsel was not available or that the parties made 'reasonable efforts.'

Summary: Must provide specific details of informal resolution efforts, not just 'reasonable efforts'.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion

Must include

certificate of conference ?

The Court will deny a discovery motion that does not meet these requirements.

Summary: Discovery motions lacking required informal resolution details will be denied.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

Must include

local rule certificate ?

All motions must contain the certification required under Local Civil Rule 26.1(f).

Summary: All discovery motions must include certification under Local Civil Rule 26.1(f).

Machine summary. Not checked yet.CRITICAL?

Applies to

Privilege log

Parties preparing privilege logs must provide information sufficient for the opposing party to determine the basis for the assertion of privilege.

Summary: Privilege logs must provide sufficient information for opposing party to evaluate privilege claims.

Machine summary. Not checked yet.CRITICAL?

Applies to

Privilege log ?

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.

Summary: Privilege logs must describe specific withheld emails, not just top-level emails in string.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum

Must include

caption, judge name, case number ?

Unless otherwise ordered by the Court, the pretrial memorandum should be prepared in accordance with the provisions of Local Rule of Civil Procedure 16.1(c) and should also include the following items:

Summary: Pretrial memoranda must follow Local Rule 16.1(c) and include specific items.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

Must include

caption, judge name, case number ?

1. All stipulations of counsel.

Summary: Pretrial memoranda must include all stipulations of counsel.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

Must include

caption, judge name, case number ?

2. A statement of objection to: (1) the admissibility of any exhibit based on authenticity; (2) the admissibility of any evidence expected to be offered for any reason except relevancy; (3) the adequacy of the qualifications of an expert witness expected to testify; and (4) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701. These objections must describe with particularity the ground and the authority for the objection.

Summary: Pretrial memoranda must include specific evidentiary objections with particularity.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

Must include

caption, judge name, case number ?

3. An identification of deposition testimony (including videotaped deposition testimony) that the party intends to offer during its case-in-chief. The statement should include citations to the page and line number and the opposing party’s counter-designations.

Summary: Pretrial memoranda must identify deposition testimony with citations.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

Must include

caption, judge name, case number ?

4. A statement of any anticipated important legal issues on which the Court will be required to rule as well as counsel’s single best authority on the issue.

Summary: Pretrial memoranda must include anticipated legal issues and best authority.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed findings conclusions ?

Must include

judge name, case number ?

Proposed findings of fact and conclusions of law in non-jury cases should be submitted at least seven days before the trial date.

Summary: Proposed findings of fact and conclusions of law must be submitted at least 7 days before trial in non-jury cases.

Machine summary. Not checked yet.CRITICAL?

Applies to

Voir dire questions

Must include

certificate of service ?

Counsel must submit voir dire questions to the deputy clerk at least two days before jury selection. Insofar as counsel agree that certain questions should be asked, they may submit a list of those questions jointly. Insofar as counsel do not agree upon any questions, they may submit those questions independently. The Court will then review all the questions submitted and determine which will be asked.

Summary: Voir dire questions must be submitted to deputy clerk at least two days before jury selection.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibit binder

Must include

joint exhibit binder

In civil cases, after exhibits have been exchanged, the parties must prepare joint exhibit binders containing all the exhibits counsel may use at trial, including those for which admissibility remains contested. Exhibits that are ruled inadmissible will simply not be used but need not be extracted from the binder.

Summary: Civil cases require joint exhibit binders with all trial exhibits, including contested ones.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibit

Must include

admissibility agreement ?

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. But the Court strongly encourages counsel to reach agreements before trial as to the admissibility of exhibits.

Summary: Witnesses cannot testify about exhibit content until it's admitted into evidence.

Machine summary. Not checked yet.CRITICAL?

Applies to

Deposition

Must include

oral deposition, videotaped deposition ?

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: For unavailable witnesses, the Court expects oral or videotaped depositions to be used at trial.

Machine summary. Not checked yet.CRITICAL?

Deadline

7 calendar days ?

Applies to

Voir dire questions

Must include

proposed voir dire questions

Counsel should submit proposed voir dire questions in writing seven days before the trial date.

Summary: Proposed voir dire questions must be submitted 7 days before trial.

Machine summary. Not checked yet.CRITICAL?

Deadline

7 calendar days ?

Applies to

Pre trial memorandum

Must include

legal issues, witness identities, facts to be presented +2 more ?

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: Government must file pre-trial memorandum 7 days before trial with specific content requirements.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions verdict forms ?

Must include

joint proposed set

The Court will generally require the parties to submit a joint proposed set of jury instructions and verdict forms.

Summary: Joint proposed jury instructions and verdict forms required.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions verdict forms ?

Must include

agreed instructions indicated, contested instructions indicated ?

Counsel’s submission must indicate which instructions and forms have been agreed upon and which remain contested.

Summary: Submission must indicate agreed and contested jury instructions and verdict forms.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions verdict forms ?

Must include

disputed instruction statements ?

Insofar as the parties disagree on any proposed jury instruction, the joint submission should contain a concise statement that identifies each party’s position on the instruction, the reasons supporting the party’s position, and citation to the best authorities supporting each party’s position.

Summary: Disputed jury instructions require concise statements of each party's position and supporting authorities.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum

Must include

judge name, case number, legal citations +4 more ?

The Government must submit a guilty plea memorandum at least seven days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement, and the factual basis for the plea.

Summary: Government must submit guilty plea memorandum at least 7 days before plea hearing with specific required content.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing motion

Must include

caption, judge name, case number ?

Any sentencing motions shall be submitted at least fourteen days prior to the sentencing hearing, and any responses thereto must be filed at least seven days prior to the sentencing date. All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.

Summary: Sentencing motions due 14 days before hearing; responses due 7 days before. Sentencing memoranda due 7 days before; responses due 3 days before.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Must include

caption, judge name, case number ?

All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.

Summary: Sentencing memoranda (non-motion) due 7 days before sentencing; responses due 3 days before.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to

Pro hac vice application ?

Judge Younge expects applications for pro hac vice admissions to be submitted in writing using the forms found on the Court’s website at www.paed.uscourts.gov. He requires the attorney seeking such admission to (1) submit the signed affidavit or certification stating that he or she is a member in good standing of the bar of another jurisdiction.

Summary: Pro hac vice applications must be submitted in writing on the Court’s website forms and include a signed affidavit or certification of good standing in another jurisdiction’s bar.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to

Summary judgment filings ?

To this end, Judge Younge requires the parties to file separate statements of material facts (i.e., not simply a factual narration section of a brief), as follows:

Summary: The parties must file separate statements of material facts rather than relying only on a factual narration in a brief.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to

TRO conference ?

Judge Younge requires all counsel to be present unless the urgency of circumstances precludes notice to opposing counsel.

Summary: All counsel must be present for the TRO conference unless the circumstances are so urgent that notice to opposing counsel is precluded.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to

Motion

Must include

proposed order ?

If the government expects to introduce Rule 404(b) evidence relating to other crimes, wrongs, or acts, it must file a motion on or before the deadline set by the Court in its scheduling order (or at least six (6) weeks before trial if the Court does not enter a scheduling order). The motion shall include a brief summary of the proposed evidence, identifying the purpose for which the evidence will be offered and explain how the evidence fits into a chain of logical inferences connecting it to a proper purpose, no link of which is an improper propensity inference. See United States v. Davis, 726 F.3d 434, 442 (3d Cir. 2013). The motion shall also include a proposed jury instruction to precede the introduction of such evidence. Any defense response is due within five (5) business days thereafter.

Summary: A government motion to introduce Rule 404(b) evidence is due by the scheduling-order deadline or, absent one, at least six weeks before trial; it must explain the evidence and its proper purpose, include a proposed preceding jury instruction, and any defense response is due within five business days.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion to seal ?

Must include

certificate of conference ?

A certificate of concurrence or non-concurrence must be attached.

Summary: Certificate of concurrence or non-concurrence must be attached to motion to seal.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

proposed order

A proposed order shall accompany each motion or other request for relief.

Summary: Each motion must include a proposed order.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

certificate of concurrence

All motions shall be accompanied by a Certificate of Concurrence or Non-Concurrence.

Summary: All motions must include a Certificate of Concurrence or Non-Concurrence.

Machine summary. Not checked yet.CRITICAL?

Applies to

Stipulation

Stipulations are not effective until approved by the Court.

Summary: Stipulations are not effective until approved by the Court

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

certificate of conference ?

If the parties are directed by the Court to file a motion, counsel must certify as part of the motion that all counsel have already made a good faith effort to resolve the issue themselves as required by Local Rule of Civil Procedure 26.1.

Summary: Motion certification required stating good faith efforts to resolve discovery dispute.

Machine summary. Not checked yet.CRITICAL?

Applies to

Preliminary injunction ?

Must include

witness information exchange ?

The following are to be exchanged by counsel, and filed with the Court in advance of any hearing on a preliminary or permanent injunction: (a) No later than four (4) business days before the hearing, the moving party shall furnish to all opposing parties the names, addresses, and employers of all witnesses, a summary of testimony to be presented by each witness, any affidavits to be filed in connection with the hearing, and copies of all exhibits to be submitted at the hearing.

Summary: Moving party must exchange witness and exhibit information 4 business days before injunction hearing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Preliminary injunction ?

Must include

witness information exchange ?

(b) No later than two (2) business days before the hearing, the non-moving party shall furnish to the moving party the names, addresses, and employers of all witnesses, a summary of testimony to be presented by each witness, any affidavits to be filed in connection with the hearing, and copies of all exhibits to be submitted at the hearing.

Summary: Non-moving party must exchange witness and exhibit information 2 business days before injunction hearing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Temporarily restraining order ?

The parties are required to submit proposed findings of fact and conclusions of law for TRO and injunction hearings.

Summary: Proposed findings of fact and conclusions of law required for TRO and injunction hearings.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

Any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure must be accompanied by a separate, short, and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.

Summary: Summary judgment motions must include a separate statement of undisputed material facts.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

Must include

record citations ?

The moving party shall accompany each factual assertion with a citation to the specific portion(s) of the record that support the assertion, including the exhibit, page, and line numbers.

Summary: Summary judgment facts must be cited to specific record portions with exhibit, page, and line numbers.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

Must include

deposition transcripts

When a factual assertion cites to a deposition transcript, counsel shall attach a copy of the entire transcript containing the cited testimony to the motion.

Summary: Deposition transcripts must be attached to summary judgment motions when cited.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment opposition ?

A party opposing a motion for summary judgment shall file a separate, short, and concise statement responding to the numbered paragraphs set forth in the moving party’s statement of undisputed facts and shall either concede the facts as undisputed or state that a genuine dispute exists.

Summary: Opposition to summary judgment must respond to each undisputed fact paragraph.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment opposition ?

Must include

record citations ?

If the opposing party asserts a genuine dispute exists as to any fact, the party shall cite to the specific portion(s) of the record that create the dispute, including the exhibit, page, and line number.

Summary: Opposition to summary judgment must cite specific record portions for disputed facts.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment opposition ?

The opposing party shall also set forth in enumerated paragraphs any additional material facts that the party contends preclude summary judgment.

Summary: Opposition to summary judgment must include additional material facts in enumerated paragraphs.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment opposition ?

Must include

deposition transcripts

When a factual assertion cites to a deposition transcript, counsel shall attach a copy of the entire transcript containing the cited text.

Summary: Deposition transcripts must be attached to summary judgment opposition when cited.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion to seal ?

Must include

proposed order

The proposed order must be narrowly tailored to seal only the sealable material and must clearly identify, in table format, each document (or portion thereof) that is sought to be sealed.

Summary: Proposed order must be narrowly tailored and identify sealable material in table format.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

One (1) copy of joint proposed jury instructions on substantive issues, which shall accurately quote or cite, as applicable, model jury instructions or case citations from which the instructions were derived, and proposed verdict forms (or special interrogatories). The proposed instructions shall conform to the Third Circuit's Model Jury Instructions, if applicable, unless there is a compelling argument for deviation.

Summary: Joint jury instructions must quote/cite model instructions and conform to Third Circuit Model Jury Instructions unless compelling reason to deviate.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Each party shall submit one (1) copy of proposed jury instructions and verdict forms (or special interrogatories) on those issues not agreed upon by the parties in their joint submission, all of which shall be marked to show the specific words on which the parties do not agree.

Summary: Non-agreed jury instructions must be marked to show specific words of disagreement.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief

All briefs shall consist of the following matters, separately and distinctly titled and in the following order: (a) Statement of Facts (b) Statement of the Questions Involved (c) Summary of Argument (d) Argument (e) Short conclusion stating the precise relief sought (f) Proposed Order that would grant the precise relief sought

Summary: Briefs must include specific sections in order: Statement of Facts, Questions Involved, Summary of Argument, Argument, Conclusion, Proposed Order

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief

When referring to the record, all briefs must specify the relevant exhibit, page, and line numbers.

Summary: Briefs must cite record with exhibit, page, and line numbers

Machine summary. Not checked yet.CRITICAL?

Applies to

Reply brief

Parties shall file a reply brief no later than seven (7) days after the opposition is served.

Summary: Reply briefs must be filed within 7 days of opposition service

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

proposed order

A proposed order shall accompany each motion or other request for relief. The order shall be formatted for the Judge’s signature (for example, do not include the word “proposed” in the text of the order).

Summary: Each motion must include a proposed order formatted for judge's signature

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum

At least seven (7) calendar days prior to the plea hearing, the Government must file a guilty plea memorandum.

Summary: Government must file guilty plea memorandum 7 days before plea hearing

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea agreement

A copy of the acknowledgment of rights and guilty plea agreement, if any, must also be submitted to the court at least seven (7) calendar days prior to the plea hearing, and may be emailed to the Criminal Deputy Clerk.

Summary: Guilty plea agreement must be submitted 7 days before plea hearing

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea agreement

The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere.

Summary: Guilty plea agreement must specify plea type

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea agreement

The guilty plea agreement also must disclose to the defendant and the Court whether the plea is entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C).

Summary: Guilty plea agreement must disclose plea type under Rule 11(c)(1)

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea agreement

The guilty plea agreement should advise the defendant of the maximum punishments, of any mandatory minimum punishments, and of his appellate rights.

Summary: Guilty plea agreement must advise defendant of punishments and appellate rights

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum

The Government’s guilty plea memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties and any mandatory minimum punishments for each offense, the terms of any plea agreement, and the factual basis for the plea.

Summary: Government's guilty plea memorandum must include offense elements, penalties, plea terms, and factual basis

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibit ?

In all cases where money, firearms, narcotics, controlled substances or any matter of contraband is introduced into evidence, such evidence shall be maintained for safekeeping by law enforcement during all times when court is not in session, and at the conclusion of the case.

Summary: Contraband evidence must be maintained by law enforcement when court is not in session.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibit

Counsel shall maintain custody of all released exhibits in its possession until the final disposition of all appeals and retrials, if any.

Summary: Parties must maintain custody of released exhibits until final disposition of appeals and retrials.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibit

Any exhibits that are not picked up within seventy-two (72) hours thereafter will be destroyed.

Summary: Unclaimed exhibits will be destroyed after 72 hours.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed findings of fact and conclusions of law

Must include

judge name, case number ?

If the parties are directed to file proposed findings of fact and conclusions of law, all proposed findings of fact shall cite to specific pages and lines of the transcript where the proposed findings of fact appear.

Summary: Proposed findings of fact must cite specific transcript pages and lines.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Settlement conference ?

Must include

party with settlement authority ?

Judge Leeson requires that a party or party’s representative with knowledge of the case and full and binding settlement authority attend the chambers conference in person.

Summary: Parties must attend in-person settlement conferences with full settlement authority.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Settlement conference memorandum

Must include

settlement conference memorandum

Judge Leeson requires counsel to submit, for his confidential review, a brief written settlement conference memorandum one week before any scheduled in-person settlement conference or telephone settlement conference, which shall not exceed three (3) pages in length.

Summary: Settlement conference memorandum required one week before conference, max 3 pages.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Settlement conference memorandum ?

Must include

chambers copy ?

Format

DOCX ?

Settlement conference memoranda are not to be filed with the Clerk of Court or filed electronically through the Court’s Electronic Case Filing (ECF) System. Instead, each memorandum must be sent to chambers, via e-mail in Microsoft Word format, at: Chambers_of_Judge_Joseph_F_Leeson_Jr@paed.uscourts.gov

Summary: Settlement conference memoranda must be emailed to chambers in Word format, not filed with clerk or ECF

Machine summary. Not checked yet.CRITICAL?

Applies to

Written submission ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Reply brief, sur reply brief ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Any ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief

Must include

word count ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Statement of undisputed material facts

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Response to statement of facts ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Response ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion

Must include

certificate of conference ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

local rule certificate ?

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).

Machine summary. Not checked yet.CRITICAL?

Applies to

Privilege log

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Stipulation of dismissal

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief

Any briefs longer than ten pages must include a table of contents.

Summary: Briefs exceeding 10 pages must contain a table of contents.

Machine summary. Not checked yet.CRITICAL?

Applies to

Written submission ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

proposed order

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial memorandum ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum ?

The memorandum shall include the elements of

Summary: Guilty plea memoranda must include elements of the offense (text cut off).

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

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.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

record citation format ?

When referring to the record in the briefing on any motion, counsel must specify the relevant exhibit, page, and line numbers.

Summary: Record citations must include exhibit, page, and line numbers.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion for summary judgment

Any motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 shall be accompanied by a separate, short, and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.

Summary: Summary judgment motions require separate statement of undisputed material facts in numbered paragraphs.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion for summary judgment ?

Must include

record citation format ?

Each factual assertion shall be accompanied by a citation to the specific portion(s) of the record that support the assertion, including the exhibit, page, and line number. The Court will not consider factual assertions not supported by a citation to the record.

Summary: Factual assertions in summary judgment statements must cite specific record portions with exhibit, page, and line numbers.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

A party opposing a motion for summary judgment shall file a separate, short, and concise statement responding to the numbered paragraphs set forth in the moving party’s statement of undisputed facts and either conceding the facts as undisputed or stating a genuine dispute exists.

Summary: Opposition to summary judgment requires separate statement responding to moving party's numbered paragraphs.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

Must include

record citation format ?

If the opposing party asserts a genuine dispute exists as to any fact, the party shall cite to the specific portion(s) of the record that create the dispute, including the exhibit, page, and line number.

Summary: Opposition must cite specific record portions when asserting genuine disputes in summary judgment.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

The opposing party shall also set forth in enumerated paragraphs any additional facts which the party contends preclude summary judgment.

Summary: Opposition must include enumerated paragraphs of additional facts precluding summary judgment.

Machine summary. Not checked yet.CRITICAL?

Applies to

Opposition to summary judgment ?

All facts set forth in the moving party’s statement of undisputed facts shall be deemed admitted unless controverted by the opposing party.

Summary: Uncontroverted facts in moving party's statement are deemed admitted.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion ?

Must include

entire deposition transcript

When submitting deposition testimony as an exhibit, parties are requested to submit the entire deposition transcript.

Summary: Entire deposition transcript must be submitted when using deposition testimony as exhibit.

Machine summary. Not checked yet.CRITICAL?

Applies to

Reply brief

Must include

permission required for non dispositive ?

Reply briefs may be submitted without leave of Court in support of a motion for summary judgment or other dispositive motion, and with the Court’s permission in support of non-dispositive motions.

Summary: Reply briefs allowed without leave for summary judgment and dispositive motions; permission required for non-dispositive.

Machine summary. Not checked yet.CRITICAL?

Applies to

Reply brief ?

Replies shall be submitted no later than seven days after the opposition is filed.

Summary: Reply briefs must be filed within 7 days of opposition filing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Points for charge

Must include

joint submission ?

The parties shall also submit joint requested points for charge and a joint verdict slip with only the disputed points highlighted. Judge Sánchez prefers the Third Circuit Model Jury Instructions, where applicable, but will hear argument on reasons for deviations. The joint requested points for charge and joint verdict slip shall be filed on the docket, one instruction per page in sequence, and shall be sent by email to Chambers_of_Judge_Sanchez@paed.uscourts.gov in Microsoft Word format. An email to chambers does not constitute filing.

Summary: Joint points for charge and verdict slip must be filed on docket and emailed to chambers in Word format.

Machine summary. Not checked yet.CRITICAL?

Applies to

Continuance motion ?

Must include

proposed order ?

A request for a continuance must be filed as a motion stating the reasons for the request. Any such motion must be accompanied by a proposed form of order which, if approved by the Court, would grant the relief sought by the motion.

Summary: Continuance requests must be filed as motions with proposed orders.

Machine summary. Not checked yet.CRITICAL?

Applies to

Continuance motion ?

The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and must 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: Continuance orders must comply with Speedy Trial Act and include detailed findings.

Machine summary. Not checked yet.CRITICAL?

Applies to

Trial continuance motion ?

Must include

proposed order ?

Requests for a continuance of trial must be made by motion, as set forth in Section IV.C. below.

Summary: Trial continuance requests must be made by motion.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial motion

All pretrial motions—including motions in limine and any motions challenging the indictment, seeking suppression of evidence, or raising any dispositive matters—must be filed in accordance with the deadlines set forth in the Scheduling Order entered in the case.

Summary: Pretrial motions must follow Scheduling Order deadlines.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Upon the filing of any motion, the parties shall advise the Court whether they intend to present testimony in support of or in opposition to the motion and the expected duration of any such testimony, so that the Court can schedule a motion hearing, if necessary.

Summary: Parties must advise Court about testimony plans when filing motions.

Machine summary. Not checked yet.CRITICAL?

Applies to

Rule 404b notice ?

Must include

brief summary, purpose identification, logical chain explanation +1 more ?

If the Government expects to introduce Rule 404(b) evidence relating to other crimes, wrongs, or acts, it must file a notice of its intention to do so prior to the final pretrial conference. The notice shall include a brief summary of the proposed evidence. It shall also identify the purpose for which the evidence will be offered and explain how the evidence fits into a chain of logical inferences connecting it to a proper purpose, no link of which is an improper propensity inference. See United States v. Davis, 726 F.3d 434, 442 (3d Cir. 2013). The notice shall also include a proposed jury instruction to precede the introduction of such evidence.

Summary: Government must file Rule 404(b) notice before final pretrial conference with summary, purpose, logical chain, and proposed jury instruction.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea documents ?

Must include

plea memorandum, filing on docket, guilty plea agreement +1 more ?

Before a defendant offers a guilty plea, the plea memorandum, guilty plea agreement (if applicable), and acknowledgment of rights must be completed and reviewed with the defendant, and must be provided to the Court two days prior to the change of plea hearing, if possible. Plea papers may be transmitted to chambers in hard copy or by email to Chambers_of_Judge_Sanchez@paed.uscourts.gov, with a copy to Nancy_DeLisle@paed.uscourts.gov. Parties must also file plea memoranda on the docket.

Summary: Plea documents must be provided to court 2 days before plea hearing and filed on docket.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea agreement

Must include

plea type specification, no withdrawal right notice, rule 11 c 1 subsection disclosure ?

The guilty plea agreement and memorandum must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere. The guilty plea agreement also must disclose to the defendant and the Court whether the plea is entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C), relating to the obligation of the Government regarding other charges under subsection (A), a non-binding sentencing recommendation under subsection (B), or a binding sentencing recommendation under subsection (C). In addition, the plea agreement must inform the defendant and remind the Court, pursuant to Rule 11(c)(3)(B), that the defendant has no right to withdraw the plea if the Court does not follow the recommendation or request if the plea is entered under 11(c)(1)(B).

Summary: Plea agreement must specify plea type and Rule 11(c)(1) subsection, and inform defendant of no withdrawal right under 11(c)(1)(B).

Machine summary. Not checked yet.CRITICAL?

Applies to

Psr objections ?

Must include

advance submission to probation officer ?

To avoid delay in sentencing, all objections to the Presentence Investigation Report (PSR) must be sent to the probation officer in advance of sentencing. In no event shall counsel raise objections for the first time in a sentencing memorandum.

Summary: PSR objections must be sent to probation officer before sentencing; cannot raise for first time in sentencing memorandum.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing motion

Must include

filing deadline, response deadline, email not sufficient ?

Sentencing motions and supporting memoranda must be filed at least 14 days prior to the scheduled sentencing date, and any response thereto must be filed at least seven days prior to the scheduled sentencing date. Emailing these materials to chambers does not constitute filing.

Summary: Sentencing motions must be filed 14 days before sentencing; responses 7 days before. Email to chambers not sufficient.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Must include

filing deadline, response deadline, simultaneous filing ?

Sentencing memoranda (exclusive of motions) by both the Government and the defense must be filed simultaneously no later than one week before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Summary: Sentencing memoranda must be filed simultaneously one week before sentencing; responses 3 days before.

Machine summary. Not checked yet.CRITICAL?

Applies to

Extension request ?

Requests for extensions of case management deadlines may be submitted by letter sent via email, facsimile, or hard copy, and must state whether the request is opposed or unopposed and whether the requested extension will affect other existing deadlines.

Summary: Extension requests must specify if opposed and whether other deadlines are affected.

Machine summary. Not checked yet.CRITICAL?

Applies to

Letter

The letter must certify that counsel have made a good faith effort to resolve the issue themselves.

Summary: Discovery dispute letter must certify good faith effort to resolve the issue.

Machine summary. Not checked yet.CRITICAL?

Applies to

Joint rule 16 conference information report

The parties must also complete the Joint Rule 16 Conference Information Report included in these Policies and Procedures here, and must email the completed Report to chambers no later than one day before the Rule 16 conference.

Summary: Parties must email the completed Joint Rule 16 Conference Information Report to chambers at least one day before the conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

proposed order ?

A request for a continuance must be filed as a motion stating the reasons for the request. Any such motion must be accompanied by a proposed form of order which, if approved by the Court, would grant the relief sought by the motion.

Summary: Criminal continuance requests must be by motion stating reasons and accompanied by proposed order.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order ?

Must include

proposed order ?

The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and must 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 order for continuance must comply with Speedy Trial Act and include detailed finding on ends of justice.

Machine summary. Not checked yet.CRITICAL?

Applies to

Guilty plea memorandum ?

Before a defendant offers a guilty plea, the plea memorandum, guilty plea agreement (if applicable), and acknowledgment of rights must be completed and reviewed with the defendant, and must be provided to the Court two days prior to the change of plea hearing, if possible.

Summary: Guilty plea documents must be provided to the Court two days prior to the change of plea hearing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing motion

Sentencing motions and supporting memoranda must be filed at least 14 days prior to the scheduled sentencing date, and any response thereto must be filed at least seven days prior to the scheduled sentencing date. Emailing these materials to chambers does not constitute filing.

Summary: Sentencing motions must be filed 14 days before sentencing; responses 7 days before. Email does not constitute filing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sentencing memorandum ?

Sentencing memoranda (exclusive of motions) by both the Government and the defense must be filed simultaneously no later than one week before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Summary: Sentencing memoranda must be filed simultaneously no later than one week before sentencing; responses 3 days before.

Machine summary. Not checked yet.CRITICAL?

Applies to

Psr objections ?

To avoid delay in sentencing, all objections to the Presentence Investigation Report (PSR) must be sent to the probation officer in advance of sentencing. In no event shall counsel raise objections for the first time in a sentencing memorandum.

Summary: PSR objections must be sent to the probation officer in advance; cannot be first raised in a sentencing memorandum.

Machine summary. Not checked yet.CRITICAL?

Applies to

Notice of intention ?

If the Government expects to introduce Rule 404(b) evidence relating to other crimes, wrongs, or acts, it must file a notice of its intention to do so prior to the final pretrial conference. The notice shall include a brief summary of the proposed evidence. It shall also identify the purpose for which the evidence will be offered and explain how the evidence fits into a chain of logical inferences connecting it to a proper purpose, no link of which is an improper propensity inference.

Summary: Government must file notice of Rule 404(b) evidence before final pretrial conference with summary, purpose, and logical inference chain.

Machine summary. Not checked yet.CRITICAL?

Applies to

Legal citation ?

Must include

ai disclosure ?

If any attorney for a party, or a pro se party, has used generative Artificial Intelligence ("AI")—including but not limited to ChatGPT, Gemini, Claude, or any other program that uses machine learning to create new content—in a citation of any legal authority filed with the Court, and assigned to Judge Kai N. Scott, then they MUST, in a clear and plain factual statement, disclose that generative AI has been used to assist with the citation of legal authority, disclose what specific generative AI program was used, and CERTIFY that each and every citation of legal authority has been verified as accurate.

Summary: AI-generated legal citations must be disclosed and verified for accuracy.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery disclosure ?

If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose, within thirty days, any restrictions as to the scope and the method which might affect their ability to conduct a complete electronic search of the electronic documents.

Summary: Parties must disclose electronic search restrictions within 30 days.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery agreement ?

The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties' respective systems.

Summary: Parties must agree on search methodology with e-discovery liaisons.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery plan ?

Discovery of electronic documents shall proceed in the following sequenced fashion: a. After receiving requests for document production, the parties shall search their documents, other than those identified as limited accessibility electronic documents, and produce responsive electronic documents in accordance with Rule 26(b)(2) of the Federal Rules of Civil Procedure; b. Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed;

Summary: Electronic discovery must follow sequenced process with limited accessibility documents last.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Limited accessibility request ?

Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed; requests for limited accessibility documents must be narrowly focused with a factual basis supporting the request;

Summary: Limited accessibility document searches require narrow focus and factual basis.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Inspection request ?

On-site inspections of electronic media under Rule 34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated.

Summary: On-site inspections of electronic media prohibited unless exceptional circumstances.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Native format request ?

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: Native format production requires demonstration of particularized need after initial image file production.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Preservation agreement ?

The parties shall negotiate an agreement that outlines the steps each party shall take to segregate and preserve the integrity of all relevant electronic documents.

Summary: Parties must negotiate agreement on steps to preserve electronic documents.