May 8, 2023
LOCAL RULES
OF THE
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Effective July 1, 1995
Including Amendments Effective Through May 8, 2023
Table of Contents
Rule 1.1 Effective Date .......................................................................................................................................... 5
Rule 1.1.1 Standing Orders ...................................................................................................................................... 5
Rule 4.1 Special Appointment for Service of Process........................................................................................... 5
Rule 4.1.1 Lis Pendens .............................................................................................................................................. 5
Rule 4.1.2 Summons Enforcement Proceedings Pursuant to 26 U.S.C. Sections 7402(b) and 7604(a) ................. 6
Rule 4.1.3 Acceptance of Service in Cases Seeking Social Security Review ............................................................ 7
Rule 5.1 Appearances ........................................................................................................................................... 7
Rule 5.1.1 Pleading Claim for Unliquidated Damages ............................................................................................. 8
Rule 5.1.2 Electronic Case Filing............................................................................................................................... 8
Rule 5.1.3 Modification or Redaction of Personal Identifiers ............................................................................... 17
Rule 5.1.5 Documents Filed Under Seal ................................................................................................................. 17
Rule 7.1 Motion Practice ..................................................................................................................................... 18
Rule 7.4 Notices; Stipulations.............................................................................................................................. 19
Rule 9.3 Petitions for Writs of Habeas Corpus pursuant to 28 U.S.C. § 2254 (non-death penalty) .................. 19
Rule 9.4 Motions to Vacate Sentence Under 28 U.S.C. § 2255 (non-death penalty) ........................................ 22
Rule 9.5 Capital cases: Petitions under 28 U.S.C. § 2254 and Motions to Vacate Sentence Under 28 U.S.C. §
2255 ............................................................................................................................................................... 23
Rule 14.1 Time of Motion to Join Third Party ....................................................................................................... 27
Rule 16.1 Pretrial Procedure ................................................................................................................................. 27
Rule 16.2 Civil Cases Exempt From Issuance of a Scheduling Order .................................................................... 27
Rule 23.1 Class Actions .......................................................................................................................................... 28
Rule 26.1 Discovery ............................................................................................................................................... 29
Rule 39.1 Summations by Attorney ...................................................................................................................... 30
Rule 39.3 Records, Files and Exhibits .................................................................................................................... 31
Rule 39.3.1 Video Recordings ................................................................................................................................... 31
Rule 40.1 Assignment of Court Business ............................................................................................................... 31
Rule 40.1.1 Emergency Judge ................................................................................................................................... 36
Rule 40.3 Calendar Control; Operating Procedures ............................................................................................. 36
Rule 40.3.1 Calendar Review .................................................................................................................................... 37
Rule 41.1 Dismissal and Abandonment of Actions ............................................................................................... 37
Rule 41.2 Minors, Incapacitated Persons, and Decedents’ Estates. ..................................................................... 38
Rule 42.1 Consolidation of Cases .......................................................................................................................... 38
Rule 43.1 Conduct of Trials ................................................................................................................................... 38
Rule 45.1 Subpoenas for Trial ............................................................................................................................... 39
Rule 45.1.1 Appearance of Judicial Officer of this Court as Character Witness ...................................................... 39
Rule 48.1 Number of Jurors in Civil Trials ............................................................................................................. 39
Rule 53.1 Marshal’s Sales ...................................................................................................................................... 39
Rule 53.2 Arbitration ............................................................................................................................................. 40
Rule 53.3 Alternative Dispute Resolution ............................................................................................................. 46
Rule 54.1 Costs: Taxation, Payment ...................................................................................................................... 46
Rule 56.1 Judgments pursuant to a Warrant of Attorney .................................................................................... 48
Rule 67.1 Bail, Sureties and Security..................................................................................................................... 48
Rule 67.2 Deposits in Court ................................................................................................................................... 48
Rule 72.1 United States Magistrate Judges........................................................................................................... 48
Rule 83.3 Broadcasting, Filming and Recording in Courtrooms and Appurtenant Areas ............................... 52
Rule 83.5 Admission to Practice ............................................................................................................................ 52
Rule 83.5.1 Student Practice Rule ............................................................................................................................ 54
Rule 83.5.2 Associate Counsel .................................................................................................................................. 56
Rule 83.6 Rules of Attorney Conduct .................................................................................................................... 56
Rule XIII -- Effective Date. ............................................................................................................................................ 66
Rule 83.6.1 Expedition of Court Business ................................................................................................................. 66
LOCAL RULES OF CIVIL PROCEDURE
Rule 1.1 Effective Date
The Local Civil Rules of the United States District Court for the Eastern District of
Pennsylvania, 1 adopted May 22, 1995 and effective July 1, 1995, and amended January 21,
1997, March 3, 1997, August 3, 1998, October 24, 2003, June 2, 2004, February 15, 2005, April
2, 2007, December 1, 2009, September 5, 2013, and June 15, 2017, are hereby amended with
an effective date of May 8, 2023.
A court’s authority to prescribe local rules is governed by both statute and the Federal Rules
of Practice and Procedure. These Local Rules shall be construed in a way consistent with both
Acts of Congress and the Federal Rules of Practice and Procedure. See 28 U.S.C. §§ 2071(a)-
(b); Fed. R. App. P. 47; Fed. R. Bankr. P. 9029; Fed. R. Civ. P. 83; Fed. R. Crim. P. 57.
Rule 1.1.1 Standing Orders
Standing Orders currently in effect may be viewed on the Court’s website at
https://www.paed.uscourts.gov. Alternatively, copies may be obtained from the Office of
the Clerk of Court.
Rule 4.1 Special Appointment for Service of Process7.1
Requests for special appointment of a named person, other than the United States Marshal
or the Marshal’s deputy, to serve process pursuant to Federal Rule of Civil Procedure 4(c)
must be in the form of a written motion accompanied by the representation of counsel that the
named individual is or would be competent and not less than eighteen (18) years of age,
and is not and will not be a party to the action.
Rule 4.1.1 Lis Pendens
Counsel for a party who desires to give notice of proceedings in this court involving title to
real property by way of Lis pendens shall, at any time after proceedings have commenced,
file with the Clerk a proposed order directing entry of the proceedings upon the judgment
index and designating those persons against whom the proceeding is to be indexed. The Clerk
shall note on the index the names of the persons indicated in the order, the number of the
action, and the date when the entry is made. Counsel ordering the notation shall
immediately notify the designated parties in writing.
1 These Rules may be cited and referred to as “Local Civil Rules” or abbreviated as “L. Civ. R.”.
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Rule 4.1.2 Summons Enforcement Proceedings Pursuant to 26 U.S.C. Sections
7402(b) and 7604(a)
(a) This rule applies to summons enforcement proceedings initiated pursuant to
26 U.S.C. §§ 7402(b) and 7604(a) (hereinafter enforcement proceedings).
(b) Each enforcement proceeding shall be initiated by complaint filed by the
Secretary of the Treasury (hereinafter the Secretary) or the Secretary’s
delegate, which shall separately allege:
(1) that an investigation by the Internal Revenue Service is contemplated
or in process, that such investigation has a legitimate purpose, and
that the inquiry which is the subject of the enforcement proceeding
may be relevant to that purpose.
(2) that the books, papers, records, data, or testimony sought are not
already in the possession of the Internal Revenue Service; and
(3) that the Secretary or the Secretary’s delegate has complied with all
administrative procedures required by the Internal Revenue Code of
1954, as amended. Attached to the complaint shall be an affidavit of
the Secretary or the Secretary’s delegate in support of each of the
allegations required by this rule.
(c) Process upon such complaint shall be in the form of an order signed by the
court and served upon the person summoned, directing that person t o
appear at a date and time certain (not less than fourteen (14) days from the
date of service of the order) and show cause why an order should not be
entered enforcing the administrative summons. The order to show cause
shall:
(1) set a date for the filing of an answer, motion or other responsive
pleading by the person summoned, together with an affidavit in
support thereof, and
(2) notify the person summoned that only those issues raised in the
pleadings or motions and supported by affidavit will be considered by
the court on the return date, and that any uncontested allegation in
the complaint will be taken as admitted for the purpose of the
enforcement proceeding.
(d) At the hearing upon the order to show cause, the Secretary or Secretary’s
delegate shall be prepared to prove the material allegations of the complaint.
The person summoned may rebut the evidence offered by the Secretary or
the Secretary’s delegate, and shall have the burden of proof with respect to
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PA
any affirmative defenses raised in the motions or responsive pleadings. If the
interests of justice so require, the court may direct further proceedings in the
matter, and may order such discovery as permitted by law. At the conclusion
of the enforcement proceedings, the court shall make findings of fact and
conclusions of law in conformity with Federal Rule of Civil Procedure 52(a).
Rule 4.1.3 Acceptance of Service in Cases Seeking Social Security Review
In civil actions filed against the Commissioner of the Social Security Administration pursuant to
§ 205(g) of the Social Security Act, 42 U.S.C. § 405(g), service of the summons and complaint as
outlined in Federal Rule of Civil Procedure 4(i) shall be by electronic means via the Court’s
CM/ECF System.
(a) In cases where the filing fee has been paid and in cases where the plaintiff has been
granted leave to is proceed in forma pauperis, upon filing of the complaint by the
plaintiff, the Clerk of Court shall issue the summonses in accordance with Federal Rule
of Civil Procedure 4(i) by electronic means via CM/ECF upon the Commissioner, as
well as the United States Attorney General and the United States Attorney for the
Eastern District of Pennsylvania (“the United States”).
(1) Service is not considered effectuated until the date of the CM/ECF filing of the
complaint and issuance of the summonses, whichever is later (“Date of
Service”).
(2) Other filings and/or CM/ECF actions related to the filing of a complaint and/or
summons, including but not limited to an application for in forma pauperis, do
not constitute service. Only transmissions by the Clerk of the complaint or
summons constitutes initial service of the action for purposes of this Rule.
(b) The Clerk will ensure that CM/ECF notifications indicating that the complaint has been
filed, and summonses have been issued, are sent to the Commissioner and to the
United States.
(c) The Commissioner, within sixty (60) days of the Date of Service, shall file and serve
either a dispositive motion or the Certified Administrative Record, which shall be
deemed an answer (general denial) to the plaintiff’s complaint as outlined in Federal
Rule of Civil Procedure 8(b)(3).
Rule 5.1 Appearances
(a) The filing of a pleading, motion, or stipulation shall be deemed an entry of
appearance. Other appearances of counsel shall be by notice filed with the
Clerk.
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(b) Any party who appears pro se shall file with the party’s appearance or with
the party’s initial pleading, a physical address and an email address when
available where notices and papers can be served. The party shall notify the
Clerk within fourteen (14) days of any change of address.
An attorney’s appearance may not be withdrawn except by leave of court,
unless another attorney admitted to practice in this court shall at the same
time enter an appearance for the same party, or another attorney admitted to
practice in this court had previously entered an appearance for the same party
and continues to represent that party in the matter.
(c) The Clerk shall send to all pro se litigants the Notice of Guidelines for
Representing Yourself in Civil Cases.
Rule 5.1.1 Pleading Claim for Unliquidated Damages
No pleading asserting a claim for unliquidated damages shall contain any allegations as to
the specific dollar amount claimed, but such pleadings shall contain allegations sufficient to
establish the jurisdiction of the court, and to reveal whether the case is or is not subject
to arbitration under Local C i vi l Rule 53.2.
Rule 5.1.2 Electronic Case Filing
All cases and documents filed in this court are required to be filed on the Electronic Case
Filing (“ECF”) System in accordance with the Rules set forth below, unless excepted under
the Local Rules or pursuant to Standing Orders of the Court.
1. Definitions
(a) "ECF Filing User" means those who have registered for an ECF E-Filer
account in the Eastern District of Pennsylvania.
(b) "Notice of Electronic Case Filing" means the notice generated by the ECF
system when a document has been filed electronically, stating that the
document has been filed.
(c) "Judge" means the District Judge assigned to the case, or the Magistrate Judge
to whom all or any part of a case has been referred pursuant to 28 U.S.C. §
636.
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(d) "Court" shall mean the United States District Court for the Eastern District of
Pennsylvania.
2. Scope of Electronic Case Filing
(a) All civil and criminal cases filed in this court are required to be entered into
the court’s ECF System in accordance with these Rules and the Court’s
Standing Orders.
(b) Attorneys are required to commence a civil action by electronic filing except
as otherwise provided in the Local Rules and the Court’s Standing Orders. All
pleadings, documents, motions, memoranda of law, petitions, certificates of
service, and other documents required to be filed with the Clerk in connection
with a case must be electronically filed except as otherwise provided in the
Local Rules and the Court’s Standing Orders, or as otherwise ordered by the
judge assigned to the case.
(c) In criminal cases, the indictment or information and motion and order for
an arrest warrant or summons cannot be electronically filed. Such filings
should be emailed as attachments to the designated Clerk’s Office email
address. Documents designated as “highly sensitive” (HSD) may be submitted
in paper form.
(d) Unrepresented litigants are required to file their documents: (1) in paper
form; (2) by using the Court’s Electronic Document Submission tool available
on the home page domain of the Court’s website; (3) via the ECF System if
they receive court permission to use the System under Local Civil Rule
5.1.2(3)(b); or (4) any other electronic means authorized by standing order
of the Court.
(e) If an amended pleading filed under Federal Rule of Civil Procedure 15(a)(1) or
(a)(2) adds new parties, the filing party must simultaneously file a notice with
the Clerk of Court seeking issuance of summons for the new party.
(f) A pa pe r fi le d vi a the ECF System constitutes the original, official record of
the Court and a paper filed electronically is equivalent to a written paper as
set forth in Federal Rule of Civil Procedure 5(d)(3)(D). The scanned image in
the ECF system of a paper not filed electronically is deemed equivalent to the
paper document.
(g) Once registered, an ECF Filing User may only request to withdraw from
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participation in the ECF System for good cause shown by providing the
Clerk with written notice of the request which shall be forwarded to the
Chief Judge for consideration.
(h) Nothing in this Rule shall be construed to nullify or contradict the provisions
pertaining to discovery set forth in Local Civil Rule 26.1.
(i) Nothing in this Rule shall be construed to nullify or contradict the provisions
pertaining to records, files, and exhibits set forth in Local Civil Rule 39.3(e).
(j) All cases filed in the ECF System in which a notice of appeal is filed shall be
governed by Federal Rule of Appellate Procedure 10 and all relevant Local
Rules and internal operating procedures of the court to which an appeal will
be taken. Any questions about whether the record truly discloses what
occurred in the district court are to be submitted to and settled by the district
judge. Cases in which there is a right of direct appeal to the United States
Supreme Court shall be governed by the rules of the United States Supreme
Court.
3. Eligibility, Registration and Password
(a) Attorneys admitted to the bar of this court, including those admitted pro hac
vice, are required to register through PACER as Users of the court’s ECF
System.
(b) Upon the approval of the judge, a party to a case who is not represented by
an attorney must create a PACER account in order to register as an ECF Filing
User in the ECF System solely for purposes of the action, but may not file a
complaint or other case opening documents. Registration is in a form
prescribed by the Clerk and requires identification of the case as well as the
name, address, telephone number, and email address of the party. If, during
the course of the case, the party retains an attorney who appears on the
party’s behalf, the attorney must advise the Clerk to terminate the party’s
registration as an ECF Filing User upon the attorney’s appearance. A judge may
revoke an unrepresented party’s permission to file electronically at any time or
in light of excessive filings, either in number or length.
(c) Registration as an ECF Filing User constitutes agreement to receive and
consent to make electronic service of all documents as provided in this Rule
and in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). This
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agreement and consent is applicable to all future cases until revoked by the
ECF Filing User.
(d) Once registration is complete, the applicant will receive notification that they
are able to file electronically in the Eastern District. ECF Filing Users agree to
protect the security of their passwords and immediately notify the Clerk by
telephone, confirmed immediately thereafter in writing delivered by email,
facsimile or hand-delivery to the attention of the Clerk, if they learn that their
password has been compromised. Users may be subject to sanctions by the
judge for failure to comply with this provision. For security reasons, the court
recommends that ECF Filing Users periodically change their passwords.
4. Consequences of Electronic Filing
(a) Electronic transmission of a document to the ECF System consistent with
the provisions of these Rules, together with the transmission of a notice of
electronic case filing from the court, constitutes filing of the document for all
purposes of the Federal Rules of Civil Procedure and the Local Rules of this
court, and constitutes entry of the document on the docket maintained by
the Clerk pursuant to Federal Rules of Civil Procedure 58 and 79.
(b) A document that has been filed electronically is the official record of the
document, and the filing party is bound by the document as filed. Except in
the case of documents first filed in paper form and subsequently submitted
electronically under Section 2 above, a document filed electronically is
deemed filed at the time and date stated on the notice of electronic case filing
from the court. A document filed by an unrepresented litigant using the court’s
electronic document submission tool is deemed filed at the time it is submitted.
(c) Filing a document electronically does not change any filing deadline set by
the Federal Rules of Civil Procedure, the Local Rules of the court, or an order of
the judge.
(d) All pleadings and documents filed electronically must be transmitted in the
form prescribed by Federal Rule of Civil Procedure 10(a). All transmissions
for electronic case filings of pleadings and documents to the ECF System
shall be titled in accordance with the approved directory of civil and criminal
events of the ECF System.
5. Attachments and Exhibits
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(a) When filing documents identified as exhibits or attachments, an ECF Filing User
must submit only those excerpts of the identified documents that are relevant to
the matter under consideration by the court. Excerpted material must be clearly
and prominently identified as such. ECF Filing Users are required to adhere to the
current ECF file-size limits posted on the Court website when uploading their
attachments for filing.
(b) Each document filed as an exhibit must be filed as a separately numbered attachment
to the main document and must be clearly titled with an objective description of the
document (e.g., 6/14/19 Deposition of John Doe; 10/14/21 Letter from Smith to
Jones; 3/15/20-3/23/20 Email Thread between Doe and Roe) so that the nature of
the exhibit and its relevance are clearly discernible without the need to open the file.
The filing of exhibits in text searchable format is encouraged, but not required.
Alternatively, exhibits may be filed in a single pdf if accompanied by an index to the
compilation providing the above information.
6. Sealed Documents
A motion to file documents under seal along with the documents sought to be filed
under seal should be emailed to the designated Clerk’s Office email address at
[email protected]. The document(s) sought to be filed under seal
must be accompanied by a cover sheet that clearly states that the document(s) are
sought to be filed under seal. An order of the court authorizing the filing of documents
under seal may be filed electronically unless prohibited by law. Documents ordered
to be placed under seal shall be uploaded by the Clerk’s Office under the appropriate
setting. Non-ECF Filing Users may file their sealed documents in paper if they are
unable to email them, and Clerk’s Office staff will upload them under the appropriate
setting.
7. Service of Documents by Electronic Means
(a) When an ECF Filing User electronically files a pleading or other document
using the ECF system, a Notice of Electronic Case Filing is automatically
generated by the system and sent to all parties entitled to service under the
Federal Rules of Civil Procedure and the Local Civil Rules of the Eastern
District of Pennsylvania who have consented to electronic service. Electronic
service of the Notice of Electronic Case Filing constitutes service of the filed
document to all such parties and shall be deemed to satisfy the requirements
of Federal Rule of Civil Procedure 5(b)(2)(E).
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(b) All documents filed using the ECF System shall contain a Certificate of Service
stating that the document has been filed electronically and is available for
viewing and downloading from the ECF System. The Certificate of Service
must identify the manner in which service on each party was accomplished,
including any party who has not consented to electronic service.
(c) Parties who have not consented to electronic service are entitled to receive a
paper copy of any electronically filed pleading or other document. Service of
such paper copy must be made by counsel according to the Federal Rules of
Civil Procedure and the Local C i v i l Rules of the Eastern District of
Pennsylvania. Counsel filing a pleading or document is responsible for service.
(d) As set forth in Section 3 of this Rule, registration as an ECF Filing User
constitutes agreement to receive and consent to make electronic service of
all documents as provided in this Rule and in accordance with Federal Rule
of Civil Procedure 5(b)(2)(E). This agreement and consent is applicable to all
pending and future actions assigned to the ECF System until revoked by the
ECF Filing User. By using the Court’s Electronic Document Submission tool or
any other electronic means established by standing order, unrepresented
litigants consent to service by email at the email address provided to the court.
(e) In accordance with Federal Rule of Civil Procedure 77(d), the court may
serve notice of entry of orders or judgments by electronic means.
(f) In civil cases, the provisions of this section of the Local Rules apply to
service of documents covered by Federal Rule of Civil Procedure 5(a). Service
of Original Process under Federal Rule of Civil Procedure 4 is not authorized
to be accomplished electronically, unless otherwise provided by these Rules
or by any service agreement by which the court may forward service to a
defendant.
8. Signature
(a) The user log-in and password required to submit documents to the ECF
System serve as the ECF Filing User’s signature on all electronic documents
filed with the court. They also serve as a signature for purposes of Federal Rule
of Civil Procedure 11(a), the Local Civil Rules of this court, and any other
purpose for which a signature is required in connection with proceedings
before the court. Electronically filed documents must include a signature
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block and must set forth the name, address, telephone number, email, and
the attorney’s state bar identification number, if applicable. In addition, the
name of the ECF Filing User under whose log-in and password the document
is submitted must be preceded by an “s/” and typed in the space where the
signature would otherwise appear. An unrepresented litigant using the Court’s
Electronic Document Submission tool or other electronic means authorized by
standing order may also use “s/” to electronically sign a submitted document.
(b) No ECF Filing User or other person may knowingly permit or cause to permit
a Filing User’s password to be used by anyone other than an authorized
agent of the Filing User.
(c) Documents requiring signatures of more than one party must be
electronically filed either by: (1) submitting a scanned document containing
all necessary signatures; (2) representing the consent of the other parties on
the document; (3) identifying on the document the parties whose signatures
are required and by the submission of a notice of endorsement by the other
parties no later than seven (7) days after filing; or (4) any other manner
approved by the court.
9. Submission of Stipulations and Proposed Orders
Stipulations or proposed orders which may require a judge’s signature must be
electronically filed by counsel, unless otherwise ordered by the presiding judge. An ECF
Filing User who electronically files a stipulation or proposed order is bound by all signature
requirements set forth in Section 8 of these ECF Procedures and Federal Rule of Civil
Procedure 11(a).
10. Retention Requirements
Documents that are electronically filed and require original signatures other than
that of the ECF Filing User must be maintained in paper form by the ECF Filing User
until three (3) years after the time period for appeal expires. The ECF Filing User
must provide original documents for review upon request of the judge.
11. Public Access
(a) Any person or organization not registered as an ECF Filing User under Section
3 of this Rule may access the ECF Filing System at the court’s website,
www.paed.uscourts.gov, by obtaining a PACER log-in and password. Those
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who have PACER access but who are not Filing Users may retrieve docket
sheets and those documents which the court makes available on the
Internet for the fee normally charged for this service as set by the fee
schedule authorized by the Administrative Office of United States Courts, but
they may not file documents.
(b) Documents are available electronically f o r i n s p e ct i o n b y t he p u b li c .
Social Security numbers, dates of birth, financial account numbers and
names of minor children must be modified or partially redacted in all filings
in accordance with Federal Rule of Procedure 5.2.
(c) In connection with the electronic filing of any material, any person may apply
by motion for an order limiting electronic access to, or prohibiting the
electronic filing of, certain specifically identified materials on the grounds that
such material is subject to privacy interests and that electronic access or
electronic filing in the action is likely to prejudice those privacy interests.
12. Entry of Court Order
All orders, decrees, judgments and r e c o r d s r e l a t e d t o proceedings of the court
will be filed in accordance with these rules which will constitute entry on the docket
maintained by the Clerk pursuant to Federal Rules of Civil Procedure 58 and 79.
Any order filed electronically without the original signature of a judge has the same
force and effect as if the judge had affixed the judge’s signature to a paper copy of
the order.
13. Notice of Court Order and Judgment
Immediately upon the entry of an order or judgment on the case docket, the ECF
System will generate a Notice of Electronic Filing that will be sent to all ECF Filing
Users in the case. Electronic transmission of the Notice of Electronic Case Filing
constitutes the notice required by Federal Rule of Civil Procedure 77(d). In
accordance with the Federal Rules of Civil Procedure, the Clerk must give notice in
paper form to parties who are not registered as ECF Filing Users, or who have not
consented to service by means of the court’s electronic document submission tool.
14. Technical Failure
An ECF Filing User whose filing is determined to be untimely as the result of a
technical failure may seek appropriate relief from the judge assigned to the case,
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provided that the User immediately notifies the Clerk of the technical failure by
telephone, confirmed immediately thereafter in writing delivered by email or by
hand to the Clerk’s attention. The Clerk will then notify the assigned judge’s chambers
as soon as possible.
15. Special Filing Requirements; Public Access Restrictions
The following types of filings cannot be electronically filed on the court’s ECF System,
and must be filed in paper or by email as set forth below:
A. DOCUMENTS THAT MUST BE FILED IN PAPER FORM
1. Documents that qualify as Highly Sensitive Documents (“HSD”) as defined
on the Court website and documents for which counsel seeks that
designation.
2. State court records in habeas cases, except as permitted to be filed by e-mail
by the county providing the records, or as ordered by the judge assigned to
the case.
3. Documents filed by prisoners, unless the institution where they are confined
provides the means for them to file electronically.
B. DOCUMENTS THAT CAN BE FILED BY EMAIL TO THE CLERK
1. Sealed cases and sealed documents.
2. Qui tam cases and related documents.
3. Case opening documents in criminal cases, including the
indictment or information and motion and order for an
arrest warrant or summons.
4. All documents requiring the signature of a defendant in a criminal proceeding
or a proceeding before a magistrate judge, such as waiver of indictment,
waiver of presentence report, waiver of a jury trial, plea agreement,
appearance bond, affidavit, and financial affidavit.
5. Presentence Reports or other documents related to the Presentence
Reports.
6. Ex parte Motions in criminal cases, in civil forfeiture cases and
miscellaneous matters that require the same security as
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criminal ex parte motions (e.g., grand jury information and IRS
tax returns).
C. TRANSCRIPTS
Consistent with Judicial Conference Policy, transcripts are uploaded to the ECF System.
Civil transcripts are publicly viewable after the conclusion of the redaction period, unless
otherwise ordered by the presiding judge. Criminal transcripts are not publicly viewable
after the conclusion of the redaction period except as directed by the presiding judge after
giving the prosecution and defense counsel an opportunity to be heard. Sealed transcripts
will be maintained under a sealed setting and are not publicly viewable.
Rule 5.1.3 Modification or Redaction of Personal Identifiers
Personal identifiers such as Social Security numbers, dates of birth, financial account
numbers, and names of minor children must be modified or partially redacted in all
documents filed either in paper or electronic form, except that financial account numbers
that identify accounts allegedly subject to forfeiture and real property addresses that identify
property allegedly subject to forfeiture need not be redacted.
Rule 5.1.5 Documents Filed Under Seal
(a) A document in a civil action may be filed under seal only if:
(1) the civil action is brought pursuant to a federal statute that prescribes
the sealing of the record or of certain specific documents; or
(2) the Court orders the document sealed.
(b) Where a document is sealed pursuant to a federal statute, the continued
status of the document under seal shall be governed by the relevant federal
statute.
(c) If no federal statute governs, the continued status of the document is subject
to the following sections:
(1) When a document is sealed pursuant to a court order, the Court may
specify an appropriate date in the future when the document may be
unsealed.
(2) If the Court has not specified the date for the document to be unsealed,
following the conclusion of the action including all appeals, or during
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the pendency of the action for good cause shown, a party seeking access
may petition the Court to unseal the document, provided that at least
sixty (60) days’ notice is given to the party which originally requested
sealing of the document by court order. The Court may shorten the
notice period for good cause shown.
Rule 7.1 Motion Practice
(a) Every motion shall be accompanied by a form of order which, if approved by
the court, would grant the relief sought by the motion. Every response
in opposition to a motion shall be accompanied by a form of order, which,
if approved by the court, will deny or amend the relief sought by the motion.
(b) Every uncontested motion shall be accompanied by a certificate of counsel
that such motion is uncontested.
(c) Every motion not certified as uncontested, or not governed by Local Civil
Rule 26.1(g), shall be accompanied by a brief containing a concise statement
of the legal contentions and authorities relied upon in support of the motion.
Unless the Court directs otherwise, any party opposing the motion shall
serve a brief in opposition together with such answer or other response that
may be appropriate, within fourteen (14) days after service of the motion
and supporting brief. A party who intends to amend pursuant to Federal
Rule of Civil Procedure 15 shall file a notice of intent to do so within the 14-
day limit prescribed by this Rule. In the absence of a timely response, the
motion may be granted as uncontested except as provided under Federal
Rule of Civil Procedure 56, or otherwise prohibited by law. The Court may
require or permit additional briefs or submissions if the Court deems them
necessary. Counsel are directed to consult each judge’s policies and
procedures.
(d) Every motion not certified as uncontested shall be accompanied by a written
statement as to the date and manner of service of the motion and supporting
brief.
(e) Within fourteen (14) days after filing any post-trial motion, the movant shall
either (a) order a transcript of the trial in writing utilizing the procedures
established by the Clerk’s Office, or (b) file a verified motion showing good
cause to be excused from this requirement. Unless a transcript is thus
ordered, or the movant excused from ordering a transcript, the post-
trial motion may be dismissed for lack of prosecution.
(f) Any interested party may request oral argument on a motion. The court may
dispose of a motion without oral argument.
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(g) Motions for reconsideration or reargument shall be served and filed within
fourteen (14) days after the entry of the order concerned, other than those
governed by Federal Rule of Civil Procedure 59(e).
7.1.1 Citations to Audio Record
If the testimony has not been transcribed, parties may cite to the recording of the
proceedings with the judge’s permission. Any such citation must provide the
specific location of the relevant testimony on the recording. If there is any
challenge as to the accuracy or authenticity of the audio record, the party citing to
the record shall obtain the necessary certification from the Electronic Court
Reporter under § 350.30.20 of the Guide to Judiciary Policy.
Rule 7.4 Notices; Stipulations
(a) All notices by parties or counsel shall be in writing and filed on ECF.
(b) Stipulations of Counsel
(1) Stipulations of counsel relating to the business of the court, except
such stipulations at bar as are noted by the deputy clerk upon the
minutes or by the court reporter’s notes, shall be recorded in writing,
signed by counsel of record, and filed on ECF. Electronic signatures
shall suffice for counsel registered via ECF.
(2) In accordance with Federal Rule of Civil Procedure 6(b), no stipulation
between the parties relating to extension of time shall be effective
until approved by the Court.
Rule 9.3 Petitions for Writs of Habeas Corpus pursuant to 28 U.S.C. § 2254 (non-death
penalty)
A. Scope
These rules shall apply in the United States District Court for the Eastern District
of Pennsylvania, in all non-capital proceedings initiated under 28 U.S.C. § 2254. In
addition to these rules, all parties should also consult 28 U.S.C. § 2254, the
applicable provisions of the federal habeas corpus statute at 28 U.S.C. §§ 2241-
2266, as amended by the Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”), P.L. 104-132, effective April 24, 1996, and the Rules Governing Section
2254 Cases in the United States District Courts.
B. The Petition
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1. Naming the Respondents
a. If the petitioner is currently serving a state court sentence and
(s)he is challenging that state court conviction/sentence or the
calculation of the sentence, (s)he must name as the respondent the
state officer who has custody (i.e., the warden or superintendent of
the facility where (s)he is confined). The petitioner must also
name as respondents the District Attorney of the county in which
(s)he was convicted and sentenced, and the Attorney General of the
State in which (s)he was convicted and sentenced.
b. If the petitioner is challenging probation/parole proceedings, or
if (s)he is currently on parole or probation, (s)he must name the
Pennsylvania Board of Probation and Parole as the respondent
along with the District Attorney of the county in which (s)he was
convicted and sentenced, and the Attorney General of the State in
which (s)he was convicted and sentenced.
2. Form
a. Form of Petition.
A petitioner who files a petition seeking relief pursuant to 28 U.S.C.
§ 2254 shall submit the petition on the standard form supplied by
this Court, and shall provide all of the information required by the
form. Any attempt to circumvent this requirement by purporting to
incorporate by reference other documents may result in dismissal
of the petition. Only one side of each page may contain writing; no
writing or typing shall be made on the back of any page of the filing.
b. Content.
The petitioner may challenge only one conviction in a single
petition unless multiple cases were consolidated for trial and
appeal. A separate petition is required to challenge additional
convictions, even if they arose in the same jurisdiction. The
petitioner is to state all claims for relief, provide specific facts
supporting each argument and identify the relief requested. Failure
to include all claims for relief in one, comprehensive petition, may
result in dismissal of any subsequently filed petition.
c. Memorandum of Law.
An accompanying memorandum of law is not required but may be
filed at the time the petition is filed or within 30 (thirty) days of the
filing of the petition. A petitioner may seek to extend the time for
filing a memorandum by filing a motion stating good cause for
additional time. The memorandum may not exceed thirty (30)
pages, double spaced and single sided, excluding exhibits, and
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petitioner may seek to amend the page limit by filing a motion
stating good cause therefor. The Petitioner may refer to, but need
not attach, documents that are included in the state court record.
C. The Answer and Reply.
1. The Answer.
a. When Required.
Upon directive of the Court, the respondents shall file an Answer to
the petition.
b. Contents.
The Answer is not a responsive pleading that simply admits
or denies the allegations contained in the petition. In habeas
petitions challenging state conviction/sentence, the Answer shall
contain a discussion of the relevant procedural history of all state
proceedings, including the state Court trial, direct appeal, and post-
conviction proceedings. In habeas petitions challenging state
parole proceedings, the Answer shall contain the relevant
procedural and factual history of the parole proceedings and any
state Court proceedings which related to the parole proceedings.
The answer may not exceed thirty (30) pages, double spaced and
single sided, excluding exhibits, and respondents may seek to
amend the page limit by filing a motion stating good cause therefor.
If the respondents maintain that the petition was filed
outside the limitations period, they may forego a discussion of
other procedural defenses and/or the merits of the claims
presented in the petition. Respondents must serve the Answer on
the petitioner.
c. State Court Record.
Although the Court will attempt to obtain the complete state
court record, including transcripts (pretrial, trial, sentencing, and
post-conviction proceedings), pleadings, briefs, opinions, and state
court orders, from the appropriate Court of Common Pleas, the
respondents will be responsible for supplementing the record with
any missing documents as directed by the Court. If the respondent
provides the Court with the state court record, the respondents
shall also submit an index of all material, with page references.
The Clerk of Court shall note on the docket that the original
state court record has been received. State court records are not
part of this Court’s permanent case file and will be returned to the
appropriate state court upon final disposition, including appeals.
2. The Reply (previously known as a Traverse).
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Although not required, if the petitioner chooses to file a Reply, it
must be filed within 30 (thirty) days of the filing of the Answer.
The reply shall not exceed thirty (30) pages, single sided and
double spaced, excluding exhibits. The petitioner may refer to, but
need not include, documents that are included in the state court
record. Petitioner may file a motion to extend the time and page
limits stating good cause for the request.
D. Appointment of Counsel.
There is no constitutional right to counsel in § 2254 proceedings.
However, where the interest of justice requires, the court has discretion to
appoint counsel to financially eligible petitioners. 18 U.S.C. § 3006A(a)(2).
E. Summary Dismissal.
If it plainly appears from the petition and any attached exhibits that
petitioner is not entitled to relief, the Court may, after appropriate notice to
petitioner and respondents, dismiss the petition without ordering a response. In
considering summary dismissal, the Court may, as justice requires, take any
action it deems appropriate to ensure the prompt review and disposal of the
matter, including the use of an order directing a limited response or further
submission by the petitioner or respondents addressing discrete issues such as
timeliness and exhaustion. Any such limited submissions ordered by the Court
shall be without prejudice to the parties' right to address the merits of the claims
or other procedural issues if the petition is not summarily dismissed.
Rule 9.4 Motions to Vacate Sentence Under 28 U.S.C. § 2255 (non-death
penalty)
A. Scope
These rules shall apply in the United States District Court for the Eastern District of Pennsylvania, in
all non-capital proceedings initiated under 28 U.S.C. § 2255. In addition to these rules, all parties
should also consult 28 U.S.C. § 2255, the applicable provisions of the federal habeas corpus statute
at 28 U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”), P.L. 104-132, effective April 24, 1996, and the Rules Governing Section 2255 Cases in the
United States District Courts.
B. The § 2255 Motion
1. Form
a. Form of Motion
Motions seeking relief under 28 U.S.C. § 2255, shall be submitted on the standard form
supplied by this Court, and shall provide all of the information required by the form.
Any attempt to circumvent this requirement by purporting to incorporate by
reference other documents may result in dismissal. Only one side of each page may
contain writing; no writing or typing shall be made on the back of any page of the filing.
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b. Content
The § 2255 motion shall state all grounds for relief, provide specific facts supporting
each argument and identify the relief requested. Failure to include all grounds for
relief in one, comprehensive pleading, may result in dismissal of any subsequently
filed § 2255 motion.
c. Memorandum of Law
An accompanying memorandum of law is not required but may be filed at the time the
§ 2255 motion is filed. A judge may for good cause shown extend the time for filing
the memorandum of law. It may not exceed thirty (30) pages, double spaced and
single sided, excluding exhibits, and petitioner may seek to amend the page limit by
filing a motion stating good cause therefor.
C. The Answer and Reply
1. The Answer
Upon order of the Court, or pursuant to the assigned judge’s standing policies and
procedures for counsel, the United States Attorney shall file an Answer to the § 2255
motion. The answer may not exceed thirty (30) pages, double spaced and single sided,
excluding exhibits, and respondents may seek to amend the page limit by filing a motion
stating good cause therefor.
2. The Reply
Although not required, if the movant chooses to file a Reply, it must be filed within thirty
(30) days of the filing of the Answer. It may not exceed thirty (30) pages, double spaced
and single sided, excluding exhibits, and petitioner may seek to amend the page limit by
filing a motion stating good cause therefor.
D. Appointment of Counsel
There is no constitutional right to counsel in proceedings brought under § 2255. However, where
the interest of justice requires, the court has discretion to appoint counsel to financially eligible
movants. 18 U.S.C. § 3006A.
Rule 9.5 Capital cases: Petitions under 28 U.S.C. § 2254 and Motions to Vacate
Sentence Under 28 U.S.C. § 2255
A. Scope
These rules shall apply in the United States District Court for the Eastern District of Pennsylvania,
in proceedings initiated under 28 U.S.C. § 2254 and 28 U.S.C. § 2255 where the petitioner is
challenging a death sentence. In addition to these rules, all parties should also consult 28 U.S.C.
§ 2254 and 28 U.S.C. § 2255, the applicable provisions of the federal habeas corpus statute at 28
U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”), P.L. 104-132, effective April 24, 1996, and the Rules Governing Section 2254 Cases in
the United States District Courts and the Rules Governing Section 2255 Cases in the United States
District Courts.
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B. The Petition
1. Naming the Respondents in 2254 Petitions
a. If the petitioner is currently serving a state court sentence and (s)he is
challenging that state court conviction/sentence or the calculation of the
sentence, (s)he must name as the respondents the state officer who has custody
(i.e., the warden or superintendent of the facility where (s)he is confined). The
petitioner must also name the District Attorney of the county in which (s)he
was convicted and sentenced, and the Attorney General of the State in which
(s)he was convicted and sentenced.
2. Petitions for a writ of habeas corpus under 28 U.S.C. § 2254 and motions to vacate
sentence under 28 U.S.C. § 2255 that challenge a capital sentence may be submitted on
the standard form supplied by this Court. If the form is not utilized, the submission must
be accompanied by a cover sheet that lists:
a. petitioner’s full name and prisoner number; if prosecuted under a different
name or alias that name must be indicated
b. name of person having custody of petitioner (warden, superintendent, etc.)
c. petitioner’s address
d. name of trial judge
e. court term and bill of information or indictment number
f. charges of which petitioner was convicted
g. sentence for each of the charges
h. plea entered
i. whether trial was by jury or to the bench
j. date of filing, docket numbers, dates of decision and results of direct appeal of
the conviction
k. date of filing, docket numbers, dates of decision and results of any state
collateral attack on a state conviction including appeals
l. date of filing, docket numbers, dates of decision of any prior federal habeas
corpus or § 2255 proceedings, including appeals
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m. name and address of each attorney who represented petitioner, identifying the
stage at which the attorney represented the litigant
3. A petition for writ of habeas corpus under 28 U.S.C. § 2254 or motion to vacate
sentence under 28 U.S.C. § 2255 in a death penalty case must
a. list every ground on which the petitioner claims to be entitled to relief under 28
U.S.C. § 2254 (or § 2255 for federal prisoners) followed by a concise statement
of the material facts supporting the claims;
b. identify at what stage of the proceedings each claim was exhausted in state court
if the petition seeks relief from a state court judgment;
c. contain a table of contents if the petition is more than twenty-five (25) pages;
d. contain citation to legal authority that forms the basis of the claim.
4. Petitioner must file, not later than sixty (60) days after the date of the filing of the
petition under § 2254 or motion to vacate sentence under § 2255, a memorandum of
law in support. The memorandum of law must
a. contain a statement of the case
b. contain a table of contents if it is more than twenty-five (25) pages.
5. The petition/motion and memorandum together must not exceed one hundred fifty
(150) pages.
6. All documents filed must be succinct and must avoid repetition.
C. C. The Answer and Reply.
1. The Answer
Respondents need not file a response until the memorandum of law is filed.
a. The response must not exceed one hundred fifty (150) pages;
b. The response must contain a table of contents if it is more than twenty-five (25)
pages;
c. The response must be filed within sixty (60) days of the filing of the
memorandum of law.
2. State Court Record.
Although the Court will attempt to obtain the complete state court record, including
transcripts (pretrial, trial, sentencing, and post-conviction proceedings), pleadings, briefs,
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opinions, and state court orders, from the appropriate Court of Common Pleas, the
respondent will be responsible for supplementing the record with any missing documents
as directed by the Court. If the respondents provide the Court with the state court record,
the respondents shall also submit an index of all material, with page references.
The Clerk of Court shall note on the docket that the original state court record has been
received. State court records not submitted electronically do not become part of this
Court’s permanent case file and will be returned to the appropriate state court upon final
disposition, including appeals.
3. The Reply
a. Any reply to the response must be filed within sixty (60) days of the filing of the
response and may not exceed seventy-five (75) pages.
D. Additional provisions for capital cases.
1. Upon motion and for good cause shown, the judge may extend the page limits for any
document.
2. Upon motion and for good cause shown, the judge may extend the time for filing any
document.
3. Upon motion and for good cause shown, the judge may permit the filing of a sur-reply to
address arguments presented for the first time in a reply brief.
4. The petitioner must file with the Clerk of the District Court a copy of the “Certificate of
Death Penalty Case” required by Third Circuit L.A.R. Misc. 111.2(a). Upon docketing, the
Clerk of the District Court will transmit a copy of the certificate, together with a copy of
the petition to the Clerk of the Court of Appeals as required by Third Circuit L.A.R. Misc.
111.2(a).
5. Upon the entry of a warrant or order setting an execution date in any case within the
geographical boundaries of this district, and in aid of this court’s potential jurisdiction,
the clerk is directed to monitor the status of the execution and any pending litigation and
to establish communications with all parties and relevant state and/or federal courts.
Without further order of this court, the clerk may, prior to the filing of a petition, direct
parties to lodge with this court (1) relevant portions of previous state and/or federal
court records, or the entire record, and (2) pleadings, briefs, and transcripts of any
ongoing proceedings. To prevent delay, the case may be assigned to a judge, by the same
selection process as for other cases, up to fourteen (14) days prior to the execution date.
The identity of the judge assigned shall not be disclosed until a petition is actually
docketed.
6. In accordance with Third Circuit L.A.R. Misc. 111.3(b), at the time a final decision is
entered, the court shall state whether a certificate of appealability is granted or denied.
If a certificate of appealability is granted, the court must state the issues that merit the
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granting of a certificate and must also grant a stay pending disposition of the appeal,
except as provided in 28 U.S.C. § 2262.
Rule 14.1 Time of Motion to Join Third Party
(a) Applications pursuant to Federal Rule of Civil Procedure 14 for leave to join
additional parties after the expiration of the time limits as specified in that rule
will ordinarily be denied as untimely unless filed not more than ninety (90)
days after the service of the moving party’s answer. If it appears to the court’s
satisfaction that the identity of the party sought to be joined, or the basis for
joinder, could not with reasonable diligence have been ascertained within that
time period, a brief further extension of time may be granted by the court in
the interests of justice.
(b) In cases subject to compulsory arbitration pursuant to Local Civil Rule 53.2,
unless otherwise ordered by the court for cause shown, all applications for
leave to join additional parties shall be deemed untimely unless filed before
the entry appointing arbitrators.
Rule 16.1 Pretrial Procedure
Attorneys and pro se litigants shall consult the pretrial practices and procedures of the
judge to whom their case is assigned.
In every case scheduled for trial, as a minimum requirement, counsel must file a pre-trial
memorandum that sets forth a factual summary of the case, the parties’ respective claims
and defenses, the relief sought, and a list of witnesses and exhibits to be used or
introduced into evidence. Failure to do so can result in the imposition of sanctions,
including the preclusion of witnesses or evidence.
In a jury trial, counsel must submit proposed instructions no later than the
commencement of trial, unless otherwise ordered by the court, and failure to do so can
constitute waiver of a claim, defense, or legal position.
Rule 16.2 Civil Cases Exempt From Issuance of a Scheduling Order
The following categories of civil cases shall, unless the assigned judge directs
otherwise, be exempt from the provision of Federal Rule of Civil Procedure 16(b)
that mandates the issuance of a scheduling order:
A. Appeals from the final determination of the Commissioner of Social Security,
42 U.S.C. § 405(g) (Social Security Appeals).
B. Habeas Corpus petitions and actions pursuant to 28 U.S.C. §§ 2254 and 2255.
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C. Actions eligible for or referred to arbitration pursuant to Local Civil Rule 53.2.
D. Actions for review of administrative agency actions pursuant to 5 U.S.C. §
702 (Administrative Procedure Act).
E. Actions by the United States for repayment of loans in default.
F. Actions to enforce rights under an employee welfare benefit plan pursuant to
29 U.S.C. § 1132 (ERISA).
G. Internal Revenue Service Proceedings to enforce civil summons pursuant to
26 U.S.C. § 7402.
H. Bankruptcy Appeals.
I. Pro se prisoner civil rights actions.
J. Actions in which no pleading or appearance has been filed on behalf of any
party defendant within one hundred twenty (120) days from the filing of the
complaint.
K. Civil forfeiture (in rem) actions
Rule 23.1 Class Actions
In any case sought to be maintained as a class action:
(a) The complaint shall bear next to its caption "Complaint -- Class
Action."
(b) The complaint shall contain under a separate heading, styled "Class
Action Allegations":
(1) A reference to the portion or portions of Federal Rule of Civil
Procedure 23 under which it is claimed that the suit is properly
maintainable as a class action.
(2) Appropriate allegations thought to justify such claim, including,
but not necessarily limited to:
A. the size (or approximate size) and definition of the
alleged class,
B. the basis upon which the plaintiff (or plaintiffs) claims,
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(i) to be an adequate representative of the class, or
(ii) if the class is comprised of defendants that those
named as parties are adequate representatives
of the class.
C. the alleged questions of law and fact claimed to be
common to the class, and
D. In actions claimed to be maintainable as class actions
under Federal Rule of Civil Procedure 23(b)(3),
allegations thought to support the findings required by
that subdivision.
(c) As early as practicable, and after considering the views of counsel, the
Court shall issue an order scheduling all proceedings relating to the
filing of the motion for class certification including, but not limited to,
class and related merits fact discovery, expert witness discovery, the
filing of the motion for class certification and responses, and, if
warranted, the convening of any hearing on the class certification
motion.
(d) The foregoing provisions shall apply, with appropriate adaptations, to
any counterclaim or crossclaim alleged to be brought for or against a
class.
Rule 26.1 Discovery
(a) Discovery requests and materials and deposition notices and requests served
pursuant to Federal Rules of Civil Procedure 30, 31, 33, 34, and 36 shall not be
filed with the court. The party serving the discovery material or taking the
deposition shall retain the original and be the custodian of it.
(b) Every motion pursuant to the Federal Rules of Civil Procedure governing
discovery shall identify and provide, verbatim, the relevant parts of the
interrogatory, request, answer, response, objection, notice, subpoena, or
depositions in the party’s memorandum. Counsel may also identify the
disputed discovery in an attached exhibit, provided that the exhibit clearly
identifies the relevant portions. Any party responding to the motion shall
provide, verbatim, any other part that the party believes necessary to the
court's consideration of the motion.
(c) If material in interrogatories, requests, answers, responses, or depositions is
used as evidence in connection with any motion, the relevant parts shall be
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set forth, verbatim, in the moving papers or in responding memoranda, or as
an exhibit attached thereto. If it is used as evidence at trial, the party offering
it shall read it into the record or, if directed to do so by the court, offer it as an
exhibit.
(d) The court shall resolve any dispute that may arise about the accuracy of any
quotation or discovery material used as provided in (b) and (c) and may
require production of the original paper or transcript.
(e) The court, on its own motion, on motion by any party, or on application by a
non-party, may require the filing of the original of any discovery paper or
deposition transcript. The parties may provide for such filing by stipulation.
(f) No motion or other application pursuant to the Federal Rules of Civil
Procedure governing discovery or pursuant to this rule shall be made unless
it contains a certification of counsel that the parties, after reasonable effort,
are unable to resolve the dispute.
(g) A routine motion to compel answers to interrogatories or to compel
compliance with a request for production under Federal Rule of Civil
Procedure 34, wherein it is averred that no response or objection has been
timely served, need have no accompanying brief, and need have no copy of
the interrogatories or Federal Rule of Civil Procedure 34 request attached. The
court may summarily grant or deny such motion without waiting for a
response.
Rule 39.1 Summations by Attorney
(a) Unless the trial judge shall otherwise grant leave, only one attorney may sum
up for any party.
(b) In actions which involve no third-party action, if evidence has been admitted
on offer by both sides, the plaintiff’s attorney shall first sum up, stating
explicitly upon what the plaintiff relies. The defendant's attorney shall next
sum up as the nature of defendant's defense may require. The plaintiff’s
attorney may then reply, restricting himself or herself to rebuttal without
assertion of any new ground on plaintiff’s behalf.
In like actions, if no evidence has been admitted on offer of any defendant,
the same order of summation shall prevail, except that plaintiff’s attorney
shall not reply.
(c) In actions involving more than one plaintiff, defendant, or third-party
defendant, if the attorneys are unable to agree, the trial judge shall determine
the order of speaking, inter se, of attorneys for plaintiffs, defendants, and
third-party defendants.
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Rule 39.3 Records, Files and Exhibits
(a) No record or paper belonging to the files of the Court shall be taken from the
office or custody of the Clerk except by court order.
(b) The Clerk shall not be required to enter upon the records of this Court any
written paper which does not set forth the number of the original suit.
(c) If the papers in a case are mislaid or lost and cannot be found when the case
is called for trial, they may be supplied by copies.
(d) All exhibits received in evidence, or offered and rejected, upon the hearing of
any cause or motion shall be delivered to the courtroom deputy, who shall
keep the same in custody, unless otherwise ordered by the Court.
(e) All exhibits referred to in section (d) shall be taken from the courtroom
deputy’s custody by the party by whom they were produced or offered within
thirty (30) days after the dismissal of the case by the parties or pursuant to
Local Civil Rule 41.1 or the entry of final judgment by this Court, or, in the event
of an appeal, within thirty (30) days after the receipt and filing of a mandate
or other process or certificate showing the disposition of the case by the
appellate court; otherwise, such exhibits shall be deemed abandoned and shall
be destroyed or otherwise disposed of by the courtroom deputy.
Rule 39.3.1 Video Recordings
(a) One hundred eighty (180) days after the time for appeal has expired
following final judgment or one hundred eighty (180) days after a cause is
settled of record, each video recording filed of record shall be returned to
the party who caused it to be filed.
(b) Nothing in this rule shall prevent this Court from making such other order with
respect to any video recordings as it may deem advisable.
Rule 40.1 Assignment of Court Business
I. All civil litigation in this Court shall be divided into the following categories:
a. Federal Question Cases:
i. Indemnity contract, marine contract and all other contracts.
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ii. FELA.
iii. Jones Act -- Personal Injury.
iv. Antitrust.
v. Wage and Hour Class Action/Collective Action
vi. Patent.
vii. Copyright/Trademark
viii. Employment
ix. Labor-Management Relations.
x. Civil Rights.
xi. Habeas Corpus.
xii. Securities Cases
xiii. Social Security Review Cases
xiv. Qui Tam cases
xv. All other federal question cases.
b. Diversity Jurisdiction Cases:
i. Insurance Contract and other Contracts.
ii. Airplane Personal Injury.
iii. Assault, Defamation.
iv. Marine Personal Injury.
v. Motor Vehicle Personal Injury.
vi. Other Personal Injury.
vii. Products Liability.
viii. All Other Diversity Cases.
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II. Location
a. For general civil matters, where it appears from the complaint, petition, motion,
answer, response, or other pleading in a civil case, that a plaintiff or defendant
resides in or that the accident, incident, or transaction occurred in the counties of
Berks, Lancaster, Lehigh, or Northampton, the case shall be assigned or reassigned for
trial and pretrial procedures to a judge stationed in Reading, Allentown, or Easton.
Unless otherwise directed by the court, all trial and pretrial procedures with respect
thereto shall be held in Reading, Allentown, or Easton. Cases assigned to judges in
Reading, Allentown, or Easton shall be given appropriate credit by category for any case
so assigned, reassigned, or transferred.
b. All other cases, unless otherwise directed by the court, shall be tried in Philadelphia.
As each case is filed, it shall be assigned to a judge, who shall thereafter have charge of
the case for all purposes.
III. General Case Assignment
a. Case assignment shall take place in the following manner:
i. Cases are randomly assigned to judges on an equal basis using the automated
Case Assignment System.
ii. The numbering and assignment of each case shall be completed before
processing of the next case is begun.
IV. Related Cases
a. Newly filed cases are related to a prior filed civil case if they:
i. involve property included in an earlier numbered suit;
ii. involve a transaction or occurrence which was the subject of an earlier numbered
suit;
iii. involve the validity or infringement of a patent which was the subject of an
earlier numbered suit;
iv. are filed by the same pro se individual as an earlier numbered suit, other than a
habeas or social security action;
v. are filed by the same habeas petitioner, whether proceeding pro se or with
counsel; or
vi. involve a social security appeal filed by the same individual, whether proceeding
pro se or with counsel.
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b. Attorney Designations. Attorneys must indicate relatedness on the Civil Cover Sheet and
the Designation Form. If none of the relatedness categories on the Designation Form
apply, but the attorney believes the case is related to an earlier numbered suit, the
attorney must explain why the case is nonetheless related.
c. Defense counsel may raise the issue of relatedness by motion to the assigned judge
before defendant’s initial pleading. The motion must be filed on the docket in each
potentially affected case, with a copy delivered to the Chief Judge, who shall decide the
issue of relatedness in consultation with the assigned judges in accordance with the
provisions of this Rule.
V. Assignment of Related Cases
a. If at the time of filing the fact of relationship is indicated on the appropriate form, or is
otherwise apparent based on the face of the complaint under these Rules, the
assignment clerk shall assign the case to the same judge to whom the earlier numbered
related case is assigned. If the judge receiving the later case is of the opinion that the
relationship does not exist, the judge shall refer the case to the assignment clerk for
reassignment by random selection in the same manner as if it were a newly filed case.
b. If the fact of relationship does not become known until after the case is assigned, the
judge receiving the later case may refer the case to the Chief Judge for reassignment to
the judge to whom the earlier related case is assigned. If the Chief Judge determines
that the cases are related, the Chief Judge shall transfer the later case to the judge
to whom the earlier case is assigned; otherwise, the Chief Judge shall send the later
case back to the judge to whom it was originally assigned.
c. Whenever related cases require handling in such a way as to amount to substantially
separate treatment of each case, and one or more of these related cases remain to be
tried after disposition or trial of the other related case, the judge in question may
call the matter to the attention of the Chief Judge and request leave to reassign a case
of like category and approximately similar age. If the Chief Judge determines that such
reassignment is desirable in promoting the substantially equal distribution of the
workload, the Chief Judge shall reassign such equivalent case, either to the judge who
originally transferred a later related case, or to a judge selected by lot (by reference
to the assignment clerk), as the case may be.
d. If a pending civil action or proceeding and a pending criminal action are related, the
Chief Judge, at the request of any party or judge, may reassign the civil action or
proceeding, in the interest of justice, to the judge to whom the criminal action is
assigned.
Note: In order to conform to the request of the Judicial Conference of the United States, the
Court, on December 19, 1974, effective January 1, 1975, ordered as follows:
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i. The Clerk is authorized and directed to require a completed and executed AO
Form JS44c, *Civil Cover Sheet, which shall accompany each civil case to be
filed.
ii. The Clerk has the authority to direct counsel to provide a properly completed
civil cover sheet if counsel does not provide one at the time the case is filed.
iii. At the time of filing a civil case, those persons who are in the Custody of a City,
State, or Federal Institution and persons filing civil cases pro se, are exempt from
the requirement that the Civil Cover Sheet accompany their filing.
*Forms and instructions are available in the Clerk's Office and on the Court
website.
VI. Procedures for Assignment of Bankruptcy Matters
a. Appeals
i. Pursuant to 28 U.S.C. § 158(a), the district court has jurisdiction over appeals
from final judgments, orders and decrees entered by bankruptcy judges in
cases and proceedings referred to the bankruptcy court.
ii. After an appeal from the bankruptcy court has been docketed pursuant to
Federal Rule of Bankruptcy Procedure 8003(d)(2), the clerk of the district
court shall assign a civil action number to the appeal and, subject to
subdivision (4) below, assign the appeal to a district court judge at random
from a district-wide wheel.
b. Motions for Withdrawal of the Reference
i. Pursuant to Federal Rule of Bankruptcy Procedure 5011(a), a motion for
withdrawal of the reference shall be heard by a district judge.
ii. Pursuant to Local Bankruptcy Rule 5011-1(c), (d), a motion for withdrawal of
the reference shall be filed with the clerk of the bankruptcy court who shall
promptly transmit the motion to the clerk of the district court.
iii. After a motion for withdrawal of the reference has been transmitted to the
district court, the clerk of the district court shall assign a miscellaneous number
to the matter and, subject to subdivision (4) below, assign the motion to a
district court judge at random from a district-wide wheel.
c. Proposed Findings of Fact and Conclusions of Law
i. Pursuant to 28 U.S.C. § 157(c)(1), Federal Rule of Bankruptcy Procedure 9033(a)
and Stern v. Marshall, 564 U.S. 462 (2011), in non-core, related proceedings and
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certain core proceedings in which the parties do not consent to entry of a
final judgment or order by the bankruptcy judge, the bankruptcy judge is
required to file proposed findings of fact and conclusions of law.
ii. Upon receipt of the bankruptcy judge’s proposed findings of fact and
conclusions of law, the clerk of the district court shall assign a civil action
number to the matter and, subject to subdivision (4) below, assign the matter
to a district court judge at random from a district-wide wheel.
d. If there has been a previous appeal, motion for withdrawal of the reference or
transmittal to the district court of proposed findings of fact and conclusions of law
arising from the same bankruptcy case, the subsequent matter shall be treated as a
related matter and assigned to the same judge of the district court to whom the first
appeal, motion or proposed findings of fact and conclusions of law was assigned.
Rule 40.1.1 Emergency Judge
The judge who is designated as "Emergency Judge" shall have the following duties:
(1) Acting in lieu of the judge to whom a case is assigned, whenever the assigned
judge is absent from the Court House and cannot feasibly return prior to the
expiration of the time within which judicial action is required.
A. Orders entered by the Emergency Judge may be modified,
prospectively, by the assigned judge upon the assigned judge’s return.
B. Where the Emergency Judge is required to hold an extensive hearing
or otherwise perform a substantial amount of work, the Chief Judge
may, at the Emergency Judge’s request, assign the case to the
Emergency Judge for all purposes, and permit him or her to transfer an
equivalent case to the judge originally assigned.
(2) Ceremonial Functions.
Rule 40.3 Calendar Control; Operating Procedures
Calendar control and other matters affecting the conduct of court business shall be governed
by written policy statements on file in the Clerk’s Office, which may be adopted or modified
by the court in the implementation of the local rules (but not in derogation thereof), and also
in the implementation of operating agreements that may be in effect between this court and
certain other courts concerning conflicting engagements of counsel, recognition of busy-
slips, and the like.
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Rule 40.3.1 Calendar Review
The Chief Judge (or, in case of the absence or disability of the Chief Judge, the next most
senior active judge) shall serve as Calendar Judge, and as such shall have the following
duties and responsibilities:
(1) The duties and responsibilities set forth in Local Civil Rule 40.1.
(2) The Chief Judge may recommend to the judges of this Court the reassignment
of substantial numbers of cases whenever a judge falls appreciably farther
behind in trial work than the other members of the Court, and in the interests
of justice to litigants and fairness to the Court as a whole, such reassignments
are deemed appropriate. No such reassignment of substantial numbers of
cases shall take place without the approval of a majority of the judges of this
Court.
(3) Where particular counsel or law firms are unable to keep reasonably current
with their trial assignments, the Chief Judge may confer with counsel in an
attempt to rectify the situation through voluntary action on the part of
counsel. In extreme cases, the Chief Judge may recommend to the judges of
this Court the adoption of a policy requiring reassignment of cases beyond a
certain age in excess of a certain number per lawyer; or for the non-
recognition of busy slips for cases beyond a certain age, etc. No such
mandatory reassignment or change in policy shall be effective unless
approved by a majority vote of the judges of this Court.
Where an issue of reassignment presents a conflict for the Chief Judge, the duties set forth
above shall be performed by the next most senior judge eligible to serve as Chief Judge.
Rule 41.1 Dismissal and Abandonment of Actions
(a) Whenever in any civil action the deputy clerk ascertains that no proceeding
has been docketed therein for a period of more than one year, the deputy
clerk for the respective judge shall send notice to counsel of record and to
the parties that the action shall be dismissed, unless the court, upon written
application filed within thirty (30) days from the date of such notice and
upon good cause shown, shall otherwise order. In the absence of such
application or order by the court, the deputy clerk shall, without special order,
enter upon the record “dismissed with prejudice under Local Civil Rule
41.1,” and shall, upon application by the defendant, tax the costs against
the plaintiffs.
(b) Whenever in any civil action counsel shall notify the deputy clerk or the
judge to whom the action is assigned that the issues between the parties
have been settled, the deputy clerk shall, upon order of the judge to whom the
case is assigned, enter an order dismissing the action with prejudice, without
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costs, pursuant to the agreement of counsel. Any such order of dismissal
may be vacated, modified, or stricken from the record, for good cause shown,
upon the application of any party served within ninety (90) days of the
entry of such order of dismissal, provided the application of the ninety-day
time limitation is consistent with Federal Rule of Civil Procedure 60(c).
Rule 41.2 Minors, Incapacitated Persons, and Decedents’ Estates.
(a) No claim of a minor or incapacitated person or of a decedent’s estate in which
a minor or incapacitated person has an interest shall be compromised, settled,
or dismissed unless approved by the court.
(b) No distribution of proceeds shall be made out of any fund obtained for a minor,
incapacitated person or such decedent’s estate as a result of a compromise,
settlement, dismissal or judgment unless approved by the court.
(c) No counsel fee, costs or expenses shall be paid out of any fund obtained for a
minor, incapacitated person or such decedent’s estate as a result of a
compromise, settlement, dismissal or judgment unless approved by the court.
Rule 42.1 Consolidation of Cases
If a party seeks consolidation of cases that do not otherwise qualify as “related” under these
Local Rules, the following procedure applies:
1) A letter shall be sent to the Chief judge and docketed in every case that would be
affected by the proposed consolidation. The letter must:
a. attach a comprehensive list of cases proposed for consolidation.
b. state whether all parties support consolidation.
c. concisely set forth the basis on which consolidation is warranted.
d. describe the scope of the proposed consolidation, e.g. for discovery
purposes only, for pretrial purposes only, etc.
The Chief Judge, following consultation with all judges whose dockets would be affected by
consolidation, shall determine whether consolidation is warranted, and the scope of the
consolidation.
Rule 43.1 Conduct of Trials
(a) On the trial of an issue of fact, only one attorney for any party shall examine
or cross-examine any witness, unless otherwise permitted by the Court.
(b) It is the right and duty of attorneys in a case to be present in the courtroom
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at all times the Court may be in session in that case. Any attorney who
voluntarily is absent during such times or during the deliberation of the jury,
waives the right, and that of the client, to be present and consents to such
proceedings as may occur in the courtroom during such absence.
Rule 45.1 Subpoenas for Trial
No trial shall be continued on account of the absence of any witness unless a subpoena for
the attendance of such witness has been served at least seven (7) days prior to the date set
for trial. This rule shall not dispense with the obligation to take the deposition of any
witness where the party requiring his/her attendance, or counsel, knows that such witness
intends to be absent from the district at the time of the trial, or where such witness is not
subject to subpoena within this jurisdiction.
Rule 45.1.1 Appearance of Judicial Officer of this Court as Character Witness
(a) No District Judge, U.S. Magistrate Judge, or Bankruptcy Judge shall testify as
a character witness, except pursuant to a subpoena.
Rule 48.1 Number of Jurors in Civil Trials
(a) Except as provided in subparagraph (b) below, juries in civil cases shall
consist, initially, of eight members. Trials in such cases shall continue so
long as at least six jurors remain in service. If the number of jurors falls below
six, a mistrial shall be declared upon prompt application by any party then
on the record, unless the parties stipulate that the verdict may be taken
from the number of jurors then remaining.
(b) Whenever it appears likely that the trial will be unusually protracted, or
whenever the court in its discretion determines that the interests of justice
so require, the jury may be enlarged to include as many as twelve (12)
members, but not more than twelve (12) persons shall participate in the
deliberations of the jury, nor may any verdict be rendered by a jury
consisting of more than twelve (12) persons, or fewer than six (6) persons.
Rule 53.1 Marshal’s Sales
(a) In cases wherein the proceeds of any Marshal’s sale shall be before the Court
for distribution and the claims upon such proceeds shall be referred to a
Master, the procedure prescribed by Federal Rule of Civil Procedure 53 shall be
followed.
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(b) Before the acknowledgment of any deed executed by the Marshal for any
interest in real estate sold by the Marshal by virtue of any process from this
court shall be taken, the process under which such sale shall have been made
shall be duly returned and filed with the Clerk.
(c) Notice of any sale by the Marshal which requires confirmation by the court
shall contain, as well, notice of the time of application for confirmation. A
motion for confirmation of such sale and acknowledgment of such deeds may
be heard on any motion day at least fourteen (14) days after the filing of the
return of process. Notice of sale, including the notice of time and place of
application for confirmation, shall be given to all interested parties in
advance of the sale.
(d) Whenever any such sale shall be postponed by the Marshal or by order of
court, notice of the postponed time and place of the sale and of the postponed
time and place of application for confirmation shall, if then known, be given
by public announcement at the time and place originally fixed for such sale
and, if not known, shall thereafter be given to all interested parties and, in
either event, shall be published at least once in the official legal publication of
the county in which the sale is to be held at least seven (7) days prior to the
date of the proposed sale.
Rule 53.2 Arbitration
Arbitrators, counsel, and the parties must comply with any Standing and Procedural
Orders of the Court related to arbitration procedures, in addition to the provisions of this
Rule.
1. Certification of Arbitrators.
A. The Chief Judge shall certify as many arbitrators as he or she
determines to be necessary under this rule.
B. Any individual may be certified to serve as an arbitrator if: (1) he or
she has been for at least five years a member of the bar of the highest
court of a state or the District of Columbia, (2) he or she is admitted to
practice before this court, and (3) he or she is determined by the Chief
Judge to be competent to perform the duties of an arbitrator.
C. Any member of the bar possessing the qualifications set forth in
subsection 1.B, desiring to become an arbitrator, shall complete the
application form obtainable in the office of the Clerk and when
completed shall file it with the Clerk who shall forward it to the Chief
Judge for a determination as to whether the applicant should be
certified.
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D. Each individual certified as an arbitrator shall take the oath or
affirmation prescribed by Title 28 U.S.C. § 453 before serving as an
arbitrator.
E. A list of all persons certified as arbitrators shall be maintained in the
office of the Clerk.
F. Any member of the Bar certified as an arbitrator may be removed
from the list of certified arbitrators for cause by a majority of the
judges of this court.
2. Compensation and Expenses of Arbitrators.
The arbitrators appointed to a panel shall each be compensated $175.00 for
services in each case assigned for arbitration (and $225 if the arbitration lasts
beyond lunch). Whenever the parties agree to have the arbitration conducted
before a single arbitrator, the single arbitrator shall be compensated $250 for
services in each case assigned for arbitration. The fees shall be paid by or
pursuant to the order of the director of the Administrative Office of the United
States Courts.
No compensation is permitted for preparation time on the case or for hearings
that are cancelled. In the event that the arbitration hearing is protracted, or
for cases involving extensive preparation time, the court will entertain a
petition for additional compensation. Arbitrators shall not be reimbursed for
actual expenses incurred by them in the performance of their duties under
this rule.
3. Cases Eligible for Compulsory Arbitration.
A. The Clerk of Court shall, as to all cases wherein only money damages
are being sought, and such damages do not exceed $150,000.00,
exclusive of interest and costs, designate and process such cases for
compulsory arbitration, including adversary proceedings in
bankruptcy, but excluding (1) social security cases, (2) cases in which
a prisoner is a party, (3) cases alleging a violation of a right secured by
the U.S. Constitution, and (4) actions in which jurisdiction is based in
whole or in part on 28 U.S.C. § 1343. In cases where an award of
counsel fees is permissible, any motion for counsel fees shall be
referred to the assigned judge for resolution.
B. The parties may agree by written stipulation that the Clerk shall
designate and process for arbitration any civil case eligible for
arbitration pursuant to Section 3.A of this rule (including adversary
proceedings in bankruptcy) wherein money damages only are being
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sought in an amount in excess of $150,000.00, exclusive of interest and
costs.
C. For purposes of this rule only, damages shall be presumed to be not in
excess of $150,000.00, exclusive of interest and costs, unless:
(1) Counsel for plaintiff, at the time of filing the complaint, or in
the event of the removal of a case from state court or transfer
of a case from another district to this court, within fourteen (14)
days of the docketing of the case in this district filed a
certification that the damages sought exceed $150,000.00,
exclusive of interest and costs; or
(2) Counsel for a defendant, at the time of filing a counterclaim or
cross-claim, filed a certification with the court that the damages
sought by the counterclaim or cross-claim exceed $150,000.00,
exclusive of interest and costs.
(3) The judge to whom the case has been assigned may, sua sponte
or upon motion filed by a party prior to the appointment of
the arbitrators to hear the case pursuant to section 4.C, order
the case exempted from arbitration upon a finding that the
objectives of an arbitration trial (i.e., providing litigants with a
speedier and less expensive alternative to the traditional
courtroom trial) would not be realized because (a) the case
involves complex legal issues, (b) legal issues predominate
over factual issues, or (c) for other good cause.
D. Counsel’s designation is entitled to substantial deference. In rare cases
where quantifiable special damages are absent or minimal, the judge
may issue a rule to show cause why the case is not eligible for
arbitration. Counsel’s designation may be disregarded if counsel’s
assessment of the potential value of the case is objectively
unreasonable.
4. Scheduling Arbitration Trial.
A. After an answer is filed in a case determined to be eligible for
arbitration, and after the parties have filed the consent/declination of
consent to proceed by videoconference, the arbitration clerk shall
send a notice to counsel setting forth the date, time, format, and
location (if applicable) for the arbitration trial. The date of the
arbitration trial set forth in the notice shall be a date approximately
one hundred twenty (120) days from the date the answer was filed.
The notice shall also advise counsel that they may agree to an earlier
date for the arbitration trial provided the arbitration clerk is notified
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within thirty (30) days of the date of the notice. The notice shall also
advise counsel that they have ninety (90) days from the date the
answer was filed to complete discovery unless the judge to whom the
case has been assigned orders a shorter or longer period for discovery.
In the event a third party has been brought into the action, this notice
shall not be sent until an answer has been filed by the third party.
B. The arbitration trial shall be held before a panel of three arbitrators,
one of whom shall be designated as chairperson of the panel, unless
the parties agree to have the hearing before a single arbitrator. The
arbitration panel shall be chosen through a random selection process
by the clerk of the court from among the lawyers who have been
certified as arbitrators. The arbitration clerk shall endeavor to assure
insofar as reasonably practicable that each panel of three arbitrators
shall consist of one arbitrator whose practice is primarily representing
plaintiffs, one whose practice is primarily representing defendants,
and a third panel member whose practice does not fit either
category. The arbitration panel shall be scheduled to hear not more
than four (4) cases on a date or dates several months in advance.
C. The judge to whom the case has been assigned shall at least thirty
(30) days prior to the date scheduled for the arbitration trial sign an
order setting forth the date and time of the arbitration trial and the
names of the arbitrators designated to hear the case. In the event that
a party has filed a motion to dismiss the complaint, a motion for
summary judgment, a motion for judgment on the pleadings, or a
motion to join necessary parties, the judge shall not sign the order
until the court has ruled on the motion, but the filing of such a motion
on or after the date of said order shall not stay the arbitration unless
the judge so orders.
D. Upon entry of the order designating the arbitrators, the parties must
send the arbitration clerk an email with a copy of the docket sheet and
all relevant pleadings, in the form in which they appear on CM/ECF, as
attachments. The email should be sent to the email address designated
on the Court website and in accordance with all procedural orders then
in effect. The arbitration clerk will then forward the documents to the
arbitrators by email, along with a copy of the court’s order and any
relevant procedural orders.
E. Persons selected to be arbitrators shall be disqualified for bias or
prejudice as provided in 28 U.S.C. § 144, and shall disqualify
themselves in any action in which they would be required under 28
U.S.C. § 455 to disqualify themselves if they were a justice, judge or
magistrate judge.
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F. The arbitrators designated to hear the case shall not discuss settlement
with the parties or their counsel, or participate in any settlement
discussions concerning the case assigned to them.
5. The Arbitration Trial.
A. The trial before the arbitrators shall take place on the date and at the
time set forth in the order of the Court. The trial shall take place in the
United States Courthouse in a room assigned by the arbitration clerk,
unless all parties have consented to proceed by videoconference. The
arbitrators are authorized to change the date and time of the trial
provided the trial is commenced within thirty (30) days of the trial
date set forth in the Court's order. Any continuance beyond this thirty
(30) day period must be approved by the judge to whom the case has
been assigned. The arbitrators must immediately notify the arbitration
clerk of any changes in date or time.
B. Counsel for the parties shall promptly report settlement of the case to
the arbitration clerk and all members of the arbitration panel assigned
to the case.
C. The trial before the arbitrators may proceed in the absence of any
party who, after notice, fails to be present. In the event, however, that
a party fails to participate in the trial in a meaningful manner, the
Court may impose appropriate sanctions, including, but not limited to
the striking of any demand for a trial de novo filed by that party.
D. Federal Rule of Civil Procedure 4 5 shall apply to subpoenas for
attendance of witnesses and the production of documentary evidence
at the trial before the arbitrators. Testimony at the trial shall be under
oath or affirmation.
E. The Federal Rules of Evidence shall be used as guides to the
admissibility of evidence. Copies or photographs of all exhibits, except
exhibits intended solely for impeachment, must be marked for
identification and delivered to adverse parties at least fourteen (14)
days prior to the trial and the arbitrators shall receive such exhibits
into evidence without formal proof unless counsel has been notified at
least seven (7) days prior to the trial that the adverse party intends to
raise an issue concerning the authenticity of the exhibit. The
arbitrators may refuse to receive into evidence any exhibit, a copy or
photograph of which has not been delivered prior to trial to the
adverse party, as provided herein.
F. A party may have a recording and transcript made of the arbitration
hearing at the party's expense.
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6. Arbitration Award and Judgment.
The arbitration award shall be promptly emailed to the arbitration clerk
for docketing after the trial is concluded, and shall be entered as the
judgment of the court after the thirty (30) day time period for requesting a
trial de novo has expired, unless a party has demanded a trial de novo, as
hereinafter provided. The judgment so entered shall be subject to the same
provisions of law, and shall have the same force and effect as a judgment of
the court in a civil action, except that it shall not be the subject of appeal. In
a case involving multiple claims and parties, any segregable part of an
arbitration award concerning which a trial de novo has not been demanded
by the aggrieved party before the expiration of the thirty (30) day time period
provided for filing a demand for trial de novo shall become part of the final
judgment with the same force and effect as a judgment of the court in a
civil action, except that it shall not be the subject of appeal.
7. Trial De Novo.
A. Within thirty (30) days after the arbitration award is entered on the
docket, any party may demand a trial de novo in the district court.
Written notification of such a demand shall be served by the moving
party upon all counsel of record or other parties. Withdrawal of a
demand for a trial de novo shall not reinstate the arbitrators' award
and the case shall proceed as if it had not been arbitrated.
B. Upon demand for a trial de novo, the action shall be placed on the trial
calendar of the Court and treated for all purposes as if it had not been
referred to arbitration. Any right of trial by jury which a party would
otherwise have shall be preserved inviolate.
C. At the trial de novo, the court shall not admit evidence that there had
been an arbitration trial, the nature or amount of the award, or any
other matter concerning the conduct of the arbitration proceeding
unless the evidence would otherwise be admissible in the Court under
the Federal Rules of Evidence.
D. To make certain that the arbitrators' award is not considered by the
Court or jury either before, during or after the trial de novo, the
arbitration clerk shall, upon the filing of the arbitration award, enter
onto the docket only the date and "arbitration award filed" and
nothing more, and shall retain the arbitrators' award in a separate file
in the Clerk's office. In the event no demand for trial de novo is filed
within the designated time period, the arbitration clerk shall enter the
award on the docket.
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Rule 53.3 Alternative Dispute Resolution
(a) Litigants in all civil actions, exempting only social security appeals, pro se
prisoner civil rights actions, and petitions for habeas corpus, shall be
required to consider the use of an alternative dispute resolution process (the
“ADR process”) at an appropriate stage in the litigation.
(b) ADR processes may include mediation and settlement conferences and such
other ADR processes as the judge to whom the case is assigned (the
“assigned judge”) may designate.
(c) All ADR processes subject to this Rule shall be confidential, and disclosure or
use by any person of dispute resolution communications is prohibited unless
confidentiality has been waived by all participants in the ADR process, or
disclosure is ordered by the assigned judge for good cause shown.
(d) Nothing in this Rule shall be construed to limit the assigned judge from (a)
conducting settlement conferences or referring a matter to a magistrate judge
for a settlement conference, or (b) ordering the litigants to participate in an
ADR process, or (c) approving or disapproving of an ADR process selected by
the litigants.
(e) The Chief Judge shall administer, oversee, and evaluate the court’s ADR
program in accordance with the Alternative Dispute Resolution Act of 1998.
The Clerk, or such other person as may be designated from time to time by the
Chief Judge, shall serve as the ADR coordinator. The ADR coordinator shall
recruit and screen attorneys to serve as mediators and maintain a list of
mediators approved by the Court.
(f) This Rule is intended to be flexible so as to permit the court to adopt, from
time to time, guidelines and policies for the administration of the ADR
program. The procedures promulgated by the court for the implementation
of the ADR program are available on the court website.
(g) Nothing in this Rule shall be construed to amend or modify the provisions of
Local Civil Rule 53.2 (compulsory and voluntary arbitration with right of trial
de novo).
Rule 54.1 Costs: Taxation, Payment
(a) Taxation of Costs
(1) Any party requesting taxation of costs by the Clerk must file a notice of
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taxation of costs using form AO133 (Bill of Costs), along with the required
supporting documentation, within seventy-five (75) days of the entry of
final judgment, or, if the judgment is appealed, within seventy-five (75)
days after final disposition of the appeal, unless otherwise ordered by the
court. Submission of the form along with supporting documentation shall
constitute notice in accordance with Federal Rule of Civil Procedure
54(d)(1).
(2) No costs will be taxed during the pendency of any appeal, motion for
reconsideration, or motion for a new trial. The party seeking taxation of
costs must file a new notice of taxation of costs using form AO133, along
with the required supporting documentation, within seventy-five (75)
days of the determination of an appeal that terminates the case without
remand for further proceedings, motion for reconsideration, or motion
for a new trial. The same procedures apply if a party files a petition for a
writ of certiorari.
(3) Failure to file a notice of taxation of costs using the required form and
supporting documentation within the applicable seventy-five (75) day
period, unless otherwise ordered by the court, will result in waiver of
costs.
(4) Any party objecting to the bill of costs must, within fourteen (14) days of
the date of service of the notice of taxation of costs, file objections with
the Clerk describing the specific items objected to and the grounds for
objection. The Clerk will then rule on the bill of costs.
(5) If no objections to the bill of costs are filed, the Clerk will make a
determination to grant or deny a request for taxation of costs no sooner
than twenty-one (21) days after the notice of taxation of costs is filed.
(6) The Clerk’s decision will be indicated in the appropriate section of form
AO133, which will be docketed on CM/ECF along with a judgment. No
opinion will issue.
(7) Any party wishing to appeal the Clerk’s taxation of costs may do so by
filing a motion with the court within seven (7) days of the Clerk’s taxation
of costs in accordance with Federal Rule of Civil Procedure 54(d)(1). The
motion must describe the items objected to and the grounds for the
objection.
(b) Payment
26.1
(1) The Clerk shall not enter an order of dismissal or of satisfaction of
judgment until the Clerk’s and Marshal’s costs have been paid. The
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Clerk, in cases settled by parties without payment of costs, may
have an order on one or more of the parties to pay the costs. Upon
failure to pay the costs within fourteen (14) days, or at such time
as the court may otherwise direct, the Clerk may issue execution for
recovery of costs.
Rule 56.1 Judgments pursuant to a Warrant of Attorney
No judgment shall be entered on any warrant of attorney more than ten (10) years old but
less than twenty (20) years old without leave of court. If the warrant is more than ten (10)
but less than twenty (20) years old, the motion for leave shall be accompanied by an
affidavit of one having knowledge of the facts, stating the due execution of the warrant,
nonpayment, and that the obligor is alive. If the warrant is twenty (20) or more years old, a
petition shall be filed for a rule to show cause why leave should not be granted and service
of the petition and rule shall be made on the obligor, if he or she is within this district.
Rule 67.1 Bail, Sureties and Security
(a) No attorney or officer of this Court shall be acceptable as surety, bail or
security of any kind in any proceeding in this court.
(b) Exceptions to bail or surety must be filed in writing with the Clerk, and written
notice thereof shall be given by the expectant to the opposing party or their
attorney and to the Marshal within forty-eight (48) hours of filing.
Rule 67.2 Deposits in Court
(a) Payments into Court shall, unless otherwise determined by the Clerk, be in
cash, money order, certified check, or cashier’s check.
(b) When funds on deposit with the Clerk are disbursed, payment shall be made
by check payable to the party entitled thereto and the resident attorney of
record, if any, representing such party. The check shall be delivered to such
attorney unless otherwise ordered by the court.
Rule 72.1 United States Magistrate Judges
I. Authority of United States Magistrate Judges in Civil Matters.
(a) Duties under 28 U.S.C. § 636.
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Each United States magistrate judge of this district is authorized to exercise
the powers and perform the duties prescribed by 28 U.S.C. § 636(a).
(b) Prisoner Cases under 28 U.S.C. §§ 2254 and 2255.
A magistrate judge may perform any or all of the duties imposed upon a
judge by the rules governing proceedings in the United States District Courts
under 28 U.S.C. § § 2254 and 2255, except signing CJA vouchers for
compensation to be paid unless representation is furnished exclusively
before a magistrate judge. In so doing, a magistrate judge may issue any
preliminary orders and conduct any necessary evidentiary hearing or other
appropriate proceeding and shall submit to a judge a report containing
proposed findings of fact and recommendation for disposition of the petition
by the judge. Any order disposing of the petition may be made only by a
judge.
(c) Prisoner Cases under 42 U.S.C. § 1983.
A magistrate judge may issue any preliminary orders and conduct any
necessary evidentiary hearing or other appropriate proceeding and shall
submit to a judge a report containing proposed findings of fact and
recommendations for the disposition of complaints filed by prisoners
challenging the conditions of their confinement.
(d) Special Master References.
Upon the consent of the parties, a magistrate judge may be designated by a
judge to serve as a special master in any civil case in accordance with 28 U.S.C.
§ 636(b)(2) and Federal Rule of Civil Procedure 53.
(e) Other Duties.
A magistrate judge is also authorized to:
(1) Exercise general supervision of civil calendars, conduct calendar and
status calls, and determine motions to expedite or postpone the trial of
cases for the judges;
(2) Conduct pretrial conferences, settlement conferences, omnibus
hearings, and related pretrial proceedings in civil cases;
(3) Conduct voir dire and select petit juries;
(4) Accept petit jury verdicts in civil cases in the absence of a judge;
(5) Issue subpoenas, writs of habeas corpus ad testificandum or habeas
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corpus ad prosequendum, or other orders necessary to obtain the
presence of parties, witnesses or evidence needed for Court
proceedings;
(6) Order the exoneration or forfeiture of bonds;
(7) Conduct proceedings for the collection of civil penalties of not more
than $200 assessed under the Federal Boat Safety Act of 1971, in
accordance with 46 U.S.C. §§ 4311(d) and 12309(c);
(8) Conduct examinations of judgment debtors in accordance with Federal
Rule of Civil Procedure 69;
(9) Conduct proceedings for initial commitment of narcotics addicts
under Title III of the Narcotic Addict Rehabilitation Act, with the final
determination and order of commitment to be made by the district
judge assigned to the case; and
(10) Perform any additional duty that is not inconsistent with the
Constitution and laws of the United States.
II. Assignment of Matters to Magistrate Judges in Civil Matters.
In General. In accordance with procedures adopted by the Board of Judges,
each district judge shall have an assigned magistrate judge. Matters shall be
referred to magistrate judges at the direction of the district judge to whom
the case is assigned. The pairings, and the procedures for assignment
of cases where parties have consented to the jurisdiction of a
magistrate judge, will be posted on the Court’s website.
III. Procedures before Magistrate Judges in Civil Matters.
(a) In General. In performing duties for the Court, a magistrate judge shall
conform to all applicable provisions of federal statutes and rules, to the
general procedural rules of this Court, and to the requirements specified in
any order of reference from a judge.
(b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on
Consent of the Parties—28 U.S.C. § 636(c).
(1) Notice. The Clerk shall notify the parties in all civil cases that they may
consent to have a magistrate judge conduct any or all proceedings in
the case and order the entry of a final judgment. Such notice shall be
provided to the plaintiff or the plaintiff’s representative at the time
an action is filed and to other parties as attachments to copies of
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the complaint and summons, when served. Additional notices may
be furnished to the parties at later stages of the proceedings, and
may be included with pretrial notices and instructions.
(2) Execution of Consent. The plaintiff shall be responsible for securing
the execution of consent forms by the parties and for filing such forms
with the Clerk of Court. Unless otherwise ordered by the district judge
to whom the case is assigned, consent forms may be filed at any time
prior to trial. No consent form will be made available nor will its
contents be made known to any judge or magistrate judge, unless all
parties have consented to the reference to a magistrate judge.
(3) Reference. After receipt and approval of the signed consent form by
the presiding judge, the Clerk shall reassign the case to the magistrate
judge to whom it was referred.
IV. Reconsideration and Appeal in Civil Matters.
(a) Reconsideration of Non-Dispositive Matters—28 U.S.C. § 636(b)(1)(A).
Any party may object to a magistrate judge’s order determining a motion or
matter under 28 U.S.C. § 636(b)(1)(A), within fourteen (14) days after
issuance of the magistrate judge's order, unless a different time is prescribed
by the magistrate judge or a judge. Such party shall file with the Clerk, and
serve on the magistrate judge and all parties, a written statement of
objections which shall specifically designate the order objected to and the
basis for such objection.
(b) Review of Case-Dispositive Motions and Prisoner Litigation—28 U.S.C. §
636(b)(1)(B).
Any party may object to a magistrate judge’s proposed findings,
recommendations, or report under 28 U.S.C. § 636(b)(1)(B), and subsections
1(c) and (d) of this Rule within fourteen (14) days after being served with a
copy thereof. Written objections shall be filed with the Clerk and served on
the magistrate judge and all parties. Objections must specifically identify
the portions of the proposed findings, recommendations, or report to which
objection is made and the basis for such objections. Any party may respond
to another party’s objections within fourteen (14) days after being served
with a copy thereof.
(c) All issues and evidence shall be presented to the magistrate judges, and unless
the interest of justice requires it, new issues and evidence shall not be raised
after the filing of the Magistrate Judge’s Report and Recommendation if they
could have been presented to the magistrate judge.
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Rule 83.3 Broadcasting, Filming and Recording in Courtrooms and Appurtenant
Areas
(a) No judicial proceedings may be broadcast by radio or television, or filmed by
still or motion-picture camera or other electronic device, except that
investitive, naturalization or other ceremonial proceedings may be broadcast,
or filmed, subject to the supervision of the Clerk, and pursuant to regulations
formulated by the Clerk, with the approval of the Chief Judge, which
regulations are calculated to ensure that the solemnity of such proceedings
is not jeopardized.
(b) Except as provided by any applicable standing court order concerning
electronic devices, no cameras, broadcasting mechanisms, or electronic device
capable of filming or recording may be brought into, or retained or operated
within, any district court courtroom or any hall on the same floor as such
courtroom. The bringing of cameras, broadcasting mechanisms, or related
apparatus into any vacant courtroom or its appurtenant hallways, and the
retention or operation of such apparatus therein, are subject to the
supervision of the Clerk, pursuant to regulations formulated by the Clerk
with approval of the Chief Judge.
(c) No person not employed in such office may bring any cameras, broadcasting
mechanisms, or related apparatus into the Clerk’s office, the Marshal’s office,
the Probation office, the Office of Pre-Trial Services, or any other office which
is an administrative component of the district court, except as permitted and
supervised by the chief of that office or an authorized designee thereof.
(d) No cameras, broadcasting mechanisms, or related apparatus may be operated
within 50 feet of the elevator bay on the ground floor of the Courthouse.
Rule 83.5 Admission to Practice
(a) Any attorney who is a member in good standing of the bar of the Supreme
Court of Pennsylvania may, by a verified application and upon motion of a
member of the bar of this Court, make application to be admitted generally as
an attorney of the Court. A fee established by this court shall be assessed for
all such admissions. No admission shall be effective until such time as the fee
has been paid.
(b) The petition for admission shall aver, under oath, all pertinent facts. The
Court may admit the petitioner upon such petition and motion or may require
that the petitioner offer satisfactory evidence of present good moral and
professional character.
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(c) Upon admission the petitioner shall take and subscribe to the following oath
or affirmation:
"I do swear (or affirm) that I will accord myself as an attorney of this Court
uprightly and accordingly to law and that I will support and defend the
Constitution of the United States."
(d) Upon appropriate motion and the taking of the oath prescribed in
subparagraph (c), any attorney admitted to the limited practice provided by
Subchapter C of the Pennsylvania Bar Admission Rules may be admitted to a
similar limited practice before this court as to all causes in which the
defender association or legal services program with which that attorney is
affiliated acts as counsel.
1. The right to practice under this rule shall terminate upon termination
of admission to practice under Subchapter C of the Pennsylvania Bar
Admission Rules.
2. The roll of attorneys maintained by the Clerk of this Court shall be
specially noted to show those admitted under the provisions of this
subparagraph.
(e) Any attorney who is a member in good standing of the bar of the highest
court of any state, territory, or the District of Columbia may, without being
admitted generally as an attorney of this Court, act as an attorney in this
Court on behalf of the United States Government or any of its departments or
agencies.
(f) An attorney applying for first-time admission to the bar of this court must
simultaneously inform the court of any previous public discipline by any
other court of the United States or the District of Columbia, or by a court of
any state, territory, commonwealth or possession of the United States and of
any conviction for a "serious crime" as defined in these rules.
Petitions for first-time admission filed by an attorney who has previously
been publicly disciplined by another court or convicted of a serious crime
shall be filed with the Chief Judge of this court. Upon receipt of the petition,
the Chief Judge shall assign the matter for prompt hearing before one or
more judges of this court appointed by the Chief Judge. The judge or judges
assigned to the matter shall thereafter schedule a hearing at which the
petitioner shall have the burden of demonstrating, by clear and convincing
evidence, that the petitioner has the moral qualifications, competency and
learning in the law required for admission to practice law before this court,
and that the petitioner's admission shall not be detrimental to the integrity
and standing of the bar or to the administration of justice, or subversive of
the public interest. In all the above-described proceedings, the attorney
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applying for first-time admission shall have the right to counsel. All such
petitions shall be accompanied by an advance cost deposit in an amount to
be set by the court, from time to time, to cover anticipated costs of the
proceeding.
(g) The judge or judges to whom a matter is assigned under Local Rule 83.5(f)
shall make a report and recommendation to the court after a hearing. The
court shall decide the matter.
Rule 83.5.1 Student Practice Rule
Program Eligibility
A. Law school clinical practice programs for which students receive academic credit
are eligible. Eligible programs:
1. must provide academic and practice advocacy training, and utilize law school
faculty or adjunct faculty for practice supervision, including federal
government attorneys or private practitioners;
2. must be certified by this court;
3. must be conducted in a manner that does not conflict with normal court
schedules;
4. must maintain malpractice insurance for its activities; and
5. may accept compensation other than from a client.
B. An eligible student:
1. must be duly enrolled in a law school and have completed at least three semesters of
legal studies, or the equivalent;
2. must be enrolled for credit in a law school clinical program which has been
certified by this court;
3. must be certified by the Dean of the law school, or the Dean's designee, and
by this Court, as being of good character and sufficient legal ability, in
accordance with subparagraphs 1–3 above, to fulfill the student's
responsibilities as a legal intern to both the student's client and this Court;
4. must not accept personal compensation for legal services from a client or other
source;
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5. may, under personal supervision of a certified supervisor, represent any client
including federal, state or local government bodies, in any civil or
administrative matter, if the client on whose behalf the student is appearing
has indicated consent in writing to that appearance and the supervising
lawyer has also indicated in writing the supervisor's approval of that
appearance; and
6. may engage in all activities on behalf of the student's client that a licensed
attorney may engage in.
C. A supervisor must:
1. have faculty or adjunct faculty status at the responsible law school and be
certified by the Dean of the law school as being of good character and sufficient
legal ability and as being adequately trained to fulfill a supervisor's
responsibilities;
2. be admitted to practice in this court;
3. be present with the student at all times in court, and at other proceedings,
including depositions, in which testimony is taken;
4. co-sign all pleadings or other documents filed with the court;
5. assume full personal professional responsibility for guiding the student in
any work undertaken and for the quality of a student's work, and be available
for consultation with represented clients;
6. assist and counsel the student in activities mentioned in this rule, and review
such activities with the student, to the extent required for the proper practical
training of the student and the protection of the client; and
7. be responsible to supplement oral or written work of the student as
necessary to ensure proper representation of the client.
Certification of Student, Program, and Supervisor
A. Certifications may be withdrawn by this court at any time, in the discretion of the
court, and without any showing of cause.
1. Students are certified by order of the Chief Judge. Certification shall
remain in effect for 18 months.
2. Certification of a program by this court shall be filed with the Clerk and
shall remain in effect indefinitely unless withdrawn by the court.
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3. Certification of a supervisor must be filed with the Clerk, and shall remain
in effect indefinitely unless withdrawn by this court or in writing by the
Dean of the law school.
Limitation of Activities
The court retains the power to limit a student’s participation in any case to those
activities deemed consistent with the appropriate administration of justice.
Rule 83.5.2 Associate Counsel
(a) Except for attorneys appearing on behalf of the United States Government or
a department or agency thereof pursuant to Local Civil Rule 83.5(e), any
attorney who is not a member of the bar of this court shall, in each
proceeding in which that attorney desires to appear, have as associate
counsel of record a member of the bar of this court upon whom all pleadings,
motions, notices and other papers can be served conformably to the Federal
Rules of Civil Procedure and the local rules of this court. At least one associate
counsel shall maintain their appearance on the docket until the conclusion of
the case or until granted leave to withdraw by the court.
(b) An attorney who is not a member of the bar of this Court shall not actively
participate in the conduct of any trial or pre-trial or post-trial proceeding
before this Court unless, upon motion of a member of the bar of this Court
containing a verified application, leave to do so shall have been granted. A
fee established by this court shall be assessed for all such applications. No
admission shall be effective until such time as the fee has been paid, except
that any counsel appearing in a case transferred pursuant to an Order of
the Judicial Panel on Multidistrict Litigation need not pay such a fee.
0Rule 83.6 Rules of Attorney Conduct
Table of Contents
Subject Headings Reference
Attorneys Convicted of Crimes ……………………………………………………………………………………….. Rule I
Discipline or Prohibitions Imposed by Other Courts or Authorities………………………………….. Rule II
Disbarment on Consent or Resignation in Other Courts…………………………………………………… Rule III
Standards for Professional Conduct ……………………………………………………………………………….. Rule IV
Disciplinary or Other Proceedings Against Attorneys ……………………………………………………. Rule V
Disbarment on Consent While Under Disciplinary Investigation or Prosecution………………. Rule VI
Reinstatement ……………………………………………………………………………………………………………… Rule VII
Attorneys Specially Admitted…………………………………………………………………………………………. Rule VIII
Service and Other Notices ……………………………………………………………………………………………... Rule IX
Appointment of Counsel………………………………………………………………………………………………… Rule X
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Duties of the Clerk…………………………………………………………………………………………………………. Rule XI
Jurisdiction …………………………………………………………………………………………………………………… Rule XII
Effective Date………………………………………………………………………………………………………………… Rule XIII
The United States District Court for the Eastern District of Pennsylvania, in furtherance of
its inherent power and responsibility to supervise the conduct of attorneys who are
admitted to practice before it, promulgates the following Rules of Disciplinary Enforcement
superseding all of its other Rules pertaining to disciplinary enforcement heretofore
promulgated.
Rule I -- Attorneys Convicted of Crimes.
A. An attorney admitted to practice in this court shall promptly notify the Clerk
of this court whenever he or she has been convicted in any court of the
United States, or the District of Columbia, or of any state, territory,
commonwealth or possession of the United States of a serious crime as
hereinafter defined. Upon such notification or upon the filing with this court
of a certified copy of the judgment of conviction, the court shall enter an
order immediately suspending that attorney, whether the conviction resulted
from plea of guilty or nolo contendere or from a verdict after trial or
otherwise, and regardless of the pendency of any appeal, until final
disposition of a disciplinary proceeding to be commenced upon such
conviction. A copy of such order shall immediately be served upon the
attorney. Upon good cause shown, the court may set aside such order when it
appears in the interest of justice to do so.
B. The term "serious crime" shall include any felony and any lesser crime a
necessary element of which, as determined by the statutory or common law
definition of such crime in the jurisdiction where the judgment was entered,
involves false swearing, misrepresentation, fraud, willful failure to file
income tax returns, deceit, bribery, extortion, misappropriation, theft, or an
attempt or a conspiracy or solicitation of another to commit a "serious crime".
C. A certified copy of a judgment of conviction of an attorney for any crime shall
be conclusive evidence of the commission of that crime in any disciplinary
proceeding instituted against that attorney based upon the conviction.
D. Upon the filing of a certified copy of a judgment of conviction of an attorney
for a serious crime, the court shall in addition to suspending that attorney in
accordance with the provisions of this rule, also refer the matter to counsel
for the institution of a disciplinary proceeding before the court in which the
sole issue to be determined shall be the extent of the final discipline to be
imposed as a result of the conduct resulting in the conviction, provided that a
disciplinary proceeding so instituted will not be brought to final hearing until
all appeals from the conviction are concluded.
E. Upon the filing of a certified copy of a judgment of conviction of an attorney
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for a crime not constituting a "serious crime," the court may refer the matter
to counsel for whatever action counsel may deem warranted, including the
institution of a disciplinary proceeding before the court; provided, however,
that the court may in its discretion make no reference with respect to
convictions for minor offenses.
F. An attorney suspended under the provisions of this rule will be reinstated
immediately upon the filing of a certificate demonstrating that the underlying
conviction of a serious crime has been reversed, but the reinstatement will
not terminate any disciplinary proceeding then pending against the attorney,
the disposition of which shall be determined by the court on the basis of all
available evidence pertaining to both guilt and the extent of discipline to be
imposed.
Rule II -- Discipline or Prohibitions Imposed By Other Courts or Authorities.
A. Any attorney admitted to practice before this court, upon being subjected to
public discipline by any other court of the United States or the District of
Columbia, or by a court of any state, territory, commonwealth or possession
of the United States, or upon being prohibited from the practice of law for
failure to fulfill any continuing legal education requirement, for voluntarily
entering into inactive status, or for any other reason, shall promptly notify
the Clerk of this court of such action. Placement on inactive status or other
action taken for failure to maintain a bona fide office in another jurisdiction
shall not be grounds for discipline or other action by this court so long as the
attorney maintains a bona fide office in another jurisdiction.
B. Upon notification as required under paragraph A or the filing of a certified or
exemplified copy of a judgment or order demonstrating that an attorney
admitted to practice before this court has been disciplined by another court
or otherwise has been prohibited from the practice of law, the Chief Judge of
this court, if he or she deems it appropriate, shall forthwith issue a notice
directed to the attorney containing:
1. a copy of the judgment or order from the other court or authority; and
2. an order to show cause directing that the attorney inform this court
within thirty 30 days after service of that order upon the attorney,
personally or by mail, of any claim by the attorney predicated upon
the grounds set forth in paragraph D that the imposition of the identical
discipline or prohibition by the court would be unwarranted and the
reasons therefor.
C. In the event the discipline or prohibition imposed in the other jurisdiction
has been stayed there, any reciprocal action imposed in this court shall be
deferred until such stay expires.
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D. Upon the expiration of thirty (30) days from service of the notice issued
pursuant to the provisions of (B) above and after an opportunity for any
attorney contesting the imposition of the identical discipline or prohibition to
be heard by one or more judges designated by the Chief Judge, this court shall
impose the identical discipline or prohibition unless the respondent-
attorney demonstrates, or this court finds, that upon the face of the record
upon which the discipline or prohibition in another jurisdiction is predicated
it clearly appears:
1. that the procedure was so lacking in notice or opportunity to be heard
as to constitute a deprivation of due process; or
2. that there was such an infirmity of proof as to give rise to the clear
conviction that this court could not, consistent with its duty, accept as
final the conclusion on that subject; or
3. that the imposition of the same discipline or prohibition by this court
would result in grave injustice; or
4. that the misconduct or other basis established for the discipline or
prohibition is deemed by this court to warrant substantially different
action.
Where this court determines that any of the above elements exist, it shall
enter such other order as it deems appropriate.
E. In all other respects, a final adjudication in another court or authority that an
attorney has been guilty of misconduct or otherwise should be prohibited
from the practice of law shall establish conclusively the facts for purposes of
a proceeding under this rule in the court of the United States.
F. This court may at any stage appoint counsel to investigate and/or prosecute
the proceeding under this rule.
G. The judge or judges to whom any proceeding under this rule is assigned
shall make a report and recommendations to the court after the parties have
been heard, which will be filed under seal and served on the parties. A party
shall serve and file under seal any objections within fourteen (14) days
thereafter. Further submissions by any party shall be served and filed under
seal within seven (7) days after service of any objections. The court shall
then decide the matter; after decision the report and recommendation, any
objections, and any submissions shall be unsealed unless otherwise ordered
by the court.
H. Any attorney who is disciplined or otherwise prohibited from the practice of
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law by a state court or authority may continue to practice in this court if this
court decides, in accordance with this Rule, that no discipline or prohibition
should be imposed. However, continuance of practice in this court does not
authorize an attorney to practice in any other jurisdiction, and no attorney
shall hold out himself or herself as authorized to practice law in any
jurisdiction in which the attorney is not admitted.
Rule III -- Disbarment on Consent or Resignation in other Courts.
A. Any attorney admitted to practice before this court who shall be disbarred on
consent or resign from the bar of any other court of the United States or the
District of Columbia, or from the bar of any state, territory, commonwealth or
possession of the United States while an investigation into allegations of
misconduct is pending, shall, upon the filing with this court of a certified or
exemplified copy of the judgment or order accepting such disbarment on
consent or resignation, cease to be permitted to practice before this court
and be stricken from the roll of attorneys admitted to practice before this
court.
B. Any attorney admitted to practice before this court shall, upon being
disbarred on consent or resigning from the bar of any other court of the
United States or the District of Columbia, or from the Bar of any state,
territory, commonwealth or possession of the United States while an
investigation into allegations of misconduct is pending, promptly inform the
Clerk of this court of such disbarment on consent or resignation.
Rule IV -- Standards for Professional Conduct.
A. For misconduct defined in these rules, and for good cause shown, and after
notice and opportunity to be heard, any attorney admitted to practice before
this court may be disbarred, suspended from practice before this court,
reprimanded or subjected to such other disciplinary action as the
circumstances may warrant.
B. Acts or omissions by an attorney admitted to practice before this court,
individually or in concert with any other person or persons, which violate the
Rules of Professional Conduct adopted by this Court shall constitute
misconduct and shall be grounds for discipline, whether or not the act or
omission occurred in the course of any attorney-client relationship.
The Rules of Professional Conduct adopted by this court are the Rules of
Professional Conduct adopted by the Supreme Court of Pennsylvania, as
amended from time to time by that state court, except as otherwise provided
by specific rule of this Court after consideration of comments by
representatives of bar associations within the state, except that prior court
approval as a condition to the issuance of a subpoena addressed to an
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attorney in any criminal proceeding, including a grand jury, shall not be
required. The propriety of such a subpoena may be considered on a motion
to quash.
Rule V -- Disciplinary or Other Proceedings against Attorneys.
A. When the misconduct or other basis for action against an attorney (other
than as set forth in Rule 83.6 Section II) or allegations of the same which, if
substantiated, would warrant discipline or other action against an attorney
admitted to practice before this court shall come to the attention of a judge
of this court, whether by complaint or otherwise, and the applicable procedure
is not otherwise mandated by these rules, the judge shall refer the matter
to the Chief Judge who shall issue an order to show cause.
B. Upon the respondent-attorney’s answer to the order to show cause, if any
issue of fact is raised or the respondent-attorney wishes to be heard in
mitigation, the Chief Judge shall set the matter for prompt hearing before one
or more judges of this court, provided however that if the proceeding is
predicated upon the complaint of a judge of this court the hearing shall be
conducted before a panel of three other judges of this court appointed by the
Chief Judge.
C. This court may at any stage appoint counsel to investigate and/or prosecute
the proceeding under this rule.
D. This court may refer any matter under this rule to the appropriate state
disciplinary or other authority for investigation and decision before taking
any action. The attorney who is the subject of the referral shall promptly
notify this court of the decision of any state court or authority and shall take
whatever steps are necessary to waive any confidentiality requirement so
that this court may receive the record of that referral.
E. The judge or judges to whom any proceeding under this rule is assigned
shall make a report and recommendation to the court after the parties have
been heard, which will be filed under seal and served on the parties. A party
shall serve and file under seal any objections within fourteen (14) days
thereafter. Further submissions by any party shall be served and filed under
seal within seven (7) days after service of any objections. The court shall
then decide the matter; after decision the report and recommendation, any
objections, and any submissions shall be unsealed unless otherwise ordered
by the court.
Rule VI -- Disbarment on Consent While Under Disciplinary Investigation or
Prosecution.
A. Any attorney admitted to practice before this court who is the subject of an
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investigation into, or a pending proceeding involving, allegations of
misconduct may consent to disbarment, but only by delivering to this court
an affidavit stating that the attorney desires to consent to disbarment and
that:
1. the attorney's consent is freely and voluntarily rendered; the attorney
is not being subjected to coercion or duress; the attorney is fully aware
of the implications of so consenting;
2. the attorney is aware that there is a presently pending investigation
or proceeding involving allegations that there exist grounds for the
attorney's discipline the nature of which the attorney shall specifically
set forth;
3. the attorney acknowledges that the material facts so alleged are true;
and
4. the attorney so consents because the attorney knows that if charges
were predicated upon the matters under investigation, or if the
proceeding were prosecuted, the attorney could not successfully
defend himself or herself.
B. Upon receipt of the required affidavit, this court shall enter an order
disbarring the attorney.
C. The order disbarring the attorney on consent shall be a matter of public
record. However, the affidavit required under the provisions of this rule
shall not be publicly disclosed or made available for use in any other
proceeding except upon the order of this court.
Rule VII -- Reinstatement.
A. After Disbarment or Suspension. An attorney suspended for three months
or less shall be automatically reinstated at the end of the period of
suspension upon the filing with the court of an affidavit of compliance with
the provisions of the order. An attorney suspended for more than three
months or disbarred may not resume practice until reinstated by order of
this court.
B. Time of Applications Following Disbarment. A person who has been
disbarred after hearing or by consent may not apply for reinstatement until
the expiration of at least five years from the effective date of the disbarment.
C. Hearing on Application. Petitions for reinstatement under this rule by an
attorney who has been disbarred, suspended or otherwise prohibited from
the practice of law shall be filed with the Clerk of this court. Upon the filing of
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the petition, the Chief Judge shall assign the matter for prompt hearing before
one or more judges of this court, provided however that if the proceeding
was predicated upon the complaint of a judge of this court the hearing shall
be conducted before a panel of three other judges of this court appointed by
the Chief Judge. The judge or judges assigned to the matter shall promptly
schedule a hearing at which the petitioner shall have the burden of
demonstrating by clear and convincing evidence that the petitioner has the
moral qualifications, competency and learning in the law required for
admission to practice law before this court and that the petitioner's
resumption of the practice of law will not be detrimental to the integrity and
standing of the bar or to the administration of justice, or subversive of the
public interest. In the case where this court has imposed discipline or
otherwise taken adverse action identical to that imposed or taken by a
state court or authority, any petition for reinstatement in this court shall
be held in abeyance until a petition for reinstatement to practice in the state
court has been filed and finally decided. Nonetheless, if the petition for
reinstatement to practice in the state curt remains pending before the state
court or authority for more than a year without a final decision, this court may
proceed to consider and decide the petition pending before it. Whenever the
state court renders a final decision, the attorney shall promptly file with this
court a copy of said decision including any findings of fact and conclusions of
law. After review of the state court decision, this court may reconsider its
action upon notice and an opportunity to be heard. This court shall not hold
the reinstatement petition in abeyance where the state disciplining or taking
other action against the attorney does not provide for reinstatement under
the circumstances. If the discipline imposed or other action taken by this
court was different from that imposed or taken by the state court or
authority, this court will proceed to consider the petition for reinstatement
upon receipt.
D. The court may at any stage appoint counsel in opposition to a petition for
reinstatement.
E. Deposit for Costs of Proceeding. Petitions for reinstatement under this
rule shall be accompanied by an advance cost deposit in an amount to be set
from time to time by the court to cover anticipated costs of the reinstatement
proceeding.
F. Conditions of Reinstatement. If the petitioner is found unfit to resume the
practice of law, the petition shall be dismissed. If the petitioner is found fit to
resume the practice of law, the judgment shall reinstate the petitioner,
provided that the judgment may make reinstatement conditional upon the
payment of all or part of the costs of the proceedings, and upon the making of
partial or complete restitution to parties harmed by petitioner whose
conduct led to the suspension or disbarment. Provided further, that if the
petitioner has been suspended or disbarred for five years or more,
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reinstatement may be conditioned, in the discretion of the judge or judges
before whom the matter is heard, upon the furnishing of proof of competency
and learning in the law, which proof may include certification by the bar
examiners of a state or other jurisdiction of the attorney’s successful
completion of an examination for admission to practice subsequent to the
date of suspension or disbarment.
G. Successive Petitions. No petition for reinstatement under this rule shall be
filed within one year following an adverse judgment upon a petition for
reinstatement filed by or on behalf of the same person.
H. The judge or judges to whom any proceeding under this rule is assigned
shall make a report and recommendation to the court after the parties have
been heard, which will be filed under seal and served on the parties. A party
shall serve and file under seal any objections within fourteen (14) days
thereafter. Further submissions by any party shall be served and filed under
seal within seven (7) days after service of any objections. The court shall
then decide the matter; after decision the report and recommendation, any
objections, and any submissions shall be unsealed unless otherwise ordered
by the court.
I. Any attorney who is reinstated may practice before this court
notwithstanding the refusal or failure of any state court to reinstate said
attorney to practice. However, reinstatement to practice before this court
does not authorize an attorney to practice in any other jurisdiction, and no
attorney shall hold out himself or herself as authorized to practice law in any
jurisdiction in which the attorney is not admitted.
Rule VIII -- Attorneys Specially Admitted.
Whenever an attorney applies to be admitted or is admitted to this court for purposes of a
particular proceeding, the attorney shall be deemed thereby to have conferred disciplinary
jurisdiction upon this court for any alleged misconduct of that attorney arising in the
course of or in the preparation for such proceeding.
Rule IX -- Service of Papers and Other Notices.
Service of an order to show cause instituting a formal disciplinary proceeding shall be
made by personal service or by registered or certified mail addressed to the respondent-
attorney at the address shown in the roll of attorneys of this court or the most recent
edition of the Legal Directory. Service of any other papers or notices required by these
rules shall be deemed to have been made if such paper or notice is addressed to the
respondent-attorney at the address shown on the roll of attorneys of this court or the most
recent edition of the Legal Directory; or the respondent's attorney at the address indicated
in the most recent pleading or other document filed by them in the course of any
proceeding.
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Rule X -- Appointment of Counsel.
Whenever counsel is to be appointed pursuant to these rules to investigate allegations of
misconduct or prosecute disciplinary proceedings or in conjunction with a reinstatement
petition filed by a disciplined attorney, this court shall appoint as counsel the disciplinary
agency of the Supreme Court of Pennsylvania, or other disciplinary agency having
jurisdiction. If no such disciplinary agency exists or such disciplinary agency declines
appointment, or such appointment is clearly inappropriate, this court shall appoint as
counsel one or more members of the Bar of this court to investigate allegations of
misconduct or to prosecute disciplinary proceedings under these rules, provided, however,
that the respondent-attorney may move to disqualify an attorney so appointed who is or
has been engaged as an adversary of the respondent-attorney in any matter. Counsel, once
appointed, may not resign unless permission to do so is given by this court.
Rule XI -- Duties of the Clerk.
A. Upon being informed that an attorney admitted to practice before this court
has been convicted of any crime, the Clerk shall determine whether the clerk
of the court in which such conviction occurred has forwarded a certificate of
such conviction to this court. If a certificate has not been forwarded, the Clerk
shall promptly obtain a certificate and file it with this court.
B. Upon being informed that an attorney admitted to practice before this court
has been subjected to discipline by another court, the Clerk shall determine
whether a certified or exemplified copy of the disciplinary judgment or
order has been filed with this court, and if not, the Clerk shall promptly
obtain a certified or exemplified copy of the disciplinary judgment or order
and file it with this court.
C. Whenever it appears that any person convicted of any crime or disbarred or
suspended or censured or disbarred on consent by this court is admitted to
practice law in any other jurisdiction or before any other court, the Clerk
shall, within ten (10) days of that conviction, disbarment, suspension,
censure, or disbarment on consent, transmit to the disciplinary authority in
such other jurisdiction, or for such other court, a certificate of the conviction
or a certified exemplified copy of the judgment or order of disbarment,
suspension, censure, or disbarment on consent, as well as the last known
office and residence addresses of the defendant or respondent.
D. The Clerk shall promptly notify the National Discipline Data Bank operated by
the American Bar Association of any order imposing public discipline upon
any attorney admitted to practice before this court.
Rule XII – Jurisdiction.
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Nothing contained in these rules shall be construed to deny to this court such powers as
are necessary for the court to maintain control over proceedings conducted before it, such
as proceedings for contempt under Title 18 of the United States Code or under Federal
Rule of Criminal Procedure 42.
Rule XIII -- Effective Date.
These rules became effective on August 1, 1980, provided that any formal disciplinary
proceeding then pending before this court shall be concluded under the procedure existing
prior to the effective date of these rules.
Rule 83.6.1 Expedition of Court Business
(a) Attorneys shall promptly advise the court of the settlement or other final
disposition of a case.
(b) No attorney shall, without just cause, fail to appear when that attorney's case
is before the court on a call, motion, pretrial proceeding, or trial, or present
to the court vexatious motions or vexatious opposition to motions or fail to
prepare for presentation to the court, or otherwise so multiply the
proceedings in a case as to unreasonably and vexatiously increase costs.
(c) Any attorney who fails to comply with (a) or (b) may be disciplined as the
court shall deem just.
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LOCAL RULES OF CIVIL PROCEDURE INDEX
ABANDONMENT OF ACTION
Costs 41.1(a) .................................................................................................................................. 37
Notice 41.1(a), (b) ......................................................................................................................... 37
ADMISSION TO PRACTICE
Oath 83.5(c) ..................................................................................................................................... 53
Petition for 83.5(b) ....................................................................................................................... 52
Previous discipline or convictions 83.5(f) ......................................................................... 53
Requirement for 83.5(a) ............................................................................................................ 52
Roll to be Signed 83.5(d) (2) .................................................................................................... 53
ADVERTISEMENT
Marshal's Sale Postponed 53.1(d) ......................................................................................... 40
ALTERNATIVE
DISPUTE RESOLUTION 53.3 .................................................................................................... 46
APPEARANCES
Entry of Attorney's Appearance 5.1(a) .................................................................................. 7
Judicial Officer as Character Witness 45.1.1 ..................................................................... 39
Pro Se 5.1(b)........................................................................................................................................ 8
Withdrawal of Attorney’s Appearance 5.1(c) ..................................................................... 8
ARBITRATION
Arbitrators, Certification of 53.2(1)...................................................................................... 40
Arbitrators, Compensation & Expense of 53.2(2) .......................................................... 41
Arbitrators, Jurisdiction & Powers of 53.2(3) .................................................................. 41
Award and Judgment 53.2(6) .................................................................................................. 45
Hearing 53.2(5) .............................................................................................................................. 44
Arbitrators, Referral to 53.2(4) .............................................................................................. 43
Trial De Novo 53.2(7) .................................................................................................................. 45
ASSIGNMENT OF COURT BUSINESS (see also BUSINESS OF COURTS)
Assignment of Related Cases to Judges 40.1(III) ............................................................ 33
Assignment of Cases for Trial in Reading 40.1(II) ......................................................... 33
Assignment of Cases and Duties to United States Magistrate Judges 72.1 ......... 48
Division of Cases into Different Categories 40.1(a) ....................................................... 31
ASSOCIATE COUNSEL
Out of District Attorneys 83.5.2(a) ........................................................................................ 56
Participation 83.5.2(b) ................................................................................................................ 56
ATTORNEYS (see also ADMISSION TO PRACTICE)
Appearances
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Entry 5.1(a) ......................................................................................................................................... 7
Defense Counsel to Indicate Whether Case is Related to Any Other Action ........
40.1(IV) (c) ....................................................................................................................................... 33
Withdrawal of Attorney; Appearance 5.1(c) ....................................................................... 8
Associate Counsel 83.5.2 ............................................................................................................ 56
Conduct of trials 43.1................................................................................................................... 38
Discipline 83.6 ................................................................................................................................ 56
Duty to Notify Clerk of Settlement or Final Disposition 83.6.1(a).......................... 66
Ethical Standards 83.6 ................................................................................................................ 60
Expedition of Court Business 83.6.1 ..................................................................................... 66
Failure to Appear 83.6.1(b) ...................................................................................................... 66
Law Students, Practice Rule 83.5.1 ....................................................................................... 54
Stipulations 7.4(b) ........................................................................................................................ 19
Summations 39.1 ........................................................................................................................... 30
Surety, Bail or Security not Acceptable as 67.1(a) ......................................................... 48
BAIL, SURETIES AND SECURITY
Attorney Not Acceptable as 67.1(a) ..................................................................................... 48
Exceptions to Bail to be in Writing 67.1(b) ....................................................................... 48
Notice 67.1(b) ................................................................................................................................. 48
BRIEFS
Certificate of Counsel to Accompany Uncontested Motions 7.1(b)........................ 18
Memoranda or Brief to Accompany Contested Motions 7.1(c)................................ 18
Service on Opposing Parties 7.1(d)....................................................................................... 18
Time for Filing 7.1 ...................................................................................................................... 18
BROADCASTING, FILMING AND RECORDING IN COURTROOM AND APPURTENANT AREAS
Apparatus Prohibited 83.3(b) ................................................................................................. 52
Judicial Proceedings 83.3(a) .................................................................................................... 52
Persons Affected 83.3(c) .........................................................................................................52
BUSINESS OF COURTS (See also MAGISTRATE JUDGES, UNITED STATES)
Allocation of Services of United States Magistrate Judges 72.1 ............................... 48
Assignment of Related Cases to Judges 40.1(V) .............................................................. 34
Assignment of Cases for Trial in Reading 40.1(II) ........................................................ 33
Assignment of Cases and Duties to United States Magistrate Judges 72.1 ......... 50
Calendar Control; Operating Procedures 40.3................................................................. 36
Calendar Review; Calendar Judge Duties 40.3.1 ............................................................. 37
Dismissal and Abandonment of Actions 41.1 ................................................................... 37
Division of Litigation 40.1(I) .................................................................................................... 31
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Federal Question Cases 40.1(I) (a) .......................................................................31
Diversity Cases 40.1(I)(b) .......................................................................................... 32
Related Cases 40.1(IV) ................................................................................................. 33
Emergency Judge Duties 40.1.1(1)........................................................................................ 36
Expedition of Court Business 83.6.1..................................................................................... 66
Pretrial Conferences 16.1 ........................................................................................................27
Records, Files and Exhibits 39.3 ............................................................................................. 31
Related Cases; Assignment 40.1(III) .................................................................................... 33
CALENDAR CONTROL
Operating Procedures 40.3 ....................................................................................................... 36
CALENDAR REVIEW
Calendar Judge Duties 40.3.1 ................................................................................................... 37
CIVIL CASES
Arbitration Procedure 53.2(3) ................................................................................................ 41
Division into Different Categories 40.1(a) ......................................................................... 31
CLASS ACTIONS
Caption 23.1(a) ............................................................................................................................... 28
Complaint, contents 23.1(b) ..................................................................................................... 28
Counterclaim or Crossclaim 23.1(d) .................................................................................... 29
Maintained or Postponed 23.1(c) .......................................................................................... 29
COMPLAINT
Contents of Enforcement Proceedings 4.1.2(b) ................................................................. 6
CONDUCT OF TRIALS
Examination of witness 43.1(a) .............................................................................................. 38
Rights and Duties of Attorneys 43.1(b)............................................................................... 38
COSTS
Security for 54.1(a) ..................................................................................................................... 46
Taxation 54.1(b) ........................................................................................................................... 47
DAMAGES
Pleading Claim for Unliquidated Damages 5.1.1 ................................................................ 8
DEPOSITS IN COURT
Disbursements by Clerk of Court 67.2(a)........................................................................... 48
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DISCIPLINE
Attorney Discipline 83.6............................................................................................................. 56
DISCOVERY
Motions Pursuant to Federal Rule 26.1(b) ........................................................................ 29
Motions Accompanied by Certification of Counsel 26.1(f) ........................................ 30
DISMISSAL AND ABANDONMENT OF ACTIONS
Notice 41.1 ........................................................................................................................................ 37
EFFECTIVE DATE
Revocation of prior rules 1.1 ................................................................................................... 5
ELECTRONIC CASE FILING
Attachments and Exhibits 5.1.2(5)........................................................................................ 11
Certificate of Service 5.1.2(7) (b) ........................................................................................... 13
Electronic Case Filing Procedures ............................................................................................ 8
Entry of Court Order 5.1.2(12) ............................................................................................... 15
Excluded Cases and Documents 5.1.2(15) (A), (B) ....................................................... 16
Excuse From Registration 5.1.2(3) ....................................................................................... 10
Registration 5.1.2(3) .................................................................................................................... 10
Retention Requirements 5.1.2(10) ....................................................................................... 14
Sealed Documents 5.1.2(6) ....................................................................................................... 12
Signature 5.1.2(8)(a)(c) ..................................................................................................... 13, 14
Submission of Stipulation and Proposed Orders 5.1.2(9) .......................................... 14
Technical Failure 5.1.2(14) ....................................................................................................... 15
EMERGENCY JUDGE
Duties 40.1.1 .................................................................................................................................... 36
ENFORCEMENT PROCEEDINGS PURSUANT TO 26 U.S.C. §§ 7402(b), 7604(a)
Complaint Contents 4.1.2(b) ....................................................................................................... 6
Federal Rules to Govern 4.1.2(a) .............................................................................................. 6
Initiation of 4.1.2(b) ........................................................................................................................ 6
ETHICAL STANDARDS
Rules of Disciplinary Enforcement 83.6 ............................................................................. 56
EVIDENCE
Discovery 26.1 ................................................................................................................................ 29
EXHIBITS
Custody and Disposal of 39.3(d), (e) .................................................................................... 31
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EXPEDITION OF COURT BUSINESS
Attorneys 83.6.1 ............................................................................................................................. 66
HABEAS CORPUS, WRITS OF
Petitions for 9.3(a) ........................................................................................................................ 19
Forms Supplied by Court 9.3(b) ............................................................................................. 20
Return of Petitions Which Do Not Comply 9.3(b) .......................................................... 20
Motion to Vacate Sentence 9.4 ................................................................................................ 22
JURY
Number of Jurors, Civil Cases 48.1(b) ................................................................................ 39
LAW STUDENT
Practice Rule 83.5.1 ...................................................................................................................... 54
LIS PENDENS 4.1.1........................................................................................................................... 5
LOST PAPERS 39.3(c) ................................................................................................................................................ 31
MAGISTRATE JUDGES, UNITED STATES
Assignment of Matters to 72.1(II) ......................................................................................... 50
Authority and Duties of 72.1(I) ............................................................................................... 48
Procedures Before 72.1(III)...................................................................................................... 50
Reconsideration and Appeal 72.1(IV).................................................................................. 51
MARSHAL’S SALES
Advertising Postponed Sale 53.1(d) ..................................................................................... 40
Notice 53.1(c) .................................................................................................................................. 40
MINORS, INCAPACITATED PERSONS, AND DECEDENTS’ ESTATES 41.2 ............................................. 38
MODIFICATION OR REDACTION OF PERSONAL IDENTIFIERS 5.1.3 .................................................... 17
MOTION PRACTICE
Oral Argument Requested 7.1(f) ............................................................................................ 18
Post-Trial 7.1(e) ............................................................................................................................. 18
Reargument 7.1(g) ........................................................................................................................ 19
Special Appointment for Service of Process 4.1 ................................................................. 5
To Join Third Party 14.1 ............................................................................................................. 27
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Uncontested 7.1(b) ....................................................................................................................... 18
NOTICE
Abandonment of Action 41.1 ................................................................................................... 37
Exceptions Bail or Security 67.1(b) ...................................................................................... 48
Marshal’s Sales 53.1(c) ............................................................................................................... 40
Must be in Writing 7.4(a)........................................................................................................... 19
Stipulations of Counsel 7.4(b) ................................................................................................. 19
ORAL ARGUMENT
Dispensed with 7.1(f) .................................................................................................................. 18
Motion for Reargument 7.1(g) ................................................................................................ 19
Requested on a Motion 7.1(f) .................................................................................................. 18
PETITIONS FOR WRITS OF HABEAS CORPUS AND MOTIONS ................................................................ 19
PURSUANT TO 28 U.S.C. § 2255 9.3
PLEADING CLAIM FOR UNLIQUIDATED DAMAGES 5.1.1 .............................................................................. 8
POST-TRIAL MOTIONS 7.1(e) ................................................................................................................................ 18
REARGUMENT
Motions for 7.1(g) ......................................................................................................................... 19
RECORDS, FILES AND EXHIBITS
In Custody of the Clerk 39.3 ..................................................................................................... 31
Lost Papers 39.3(c) ....................................................................................................................... 31
Number of Original Suit Set Forth on Papers 39.3(b) .................................................. 31
Removal from Court By Order 39.3(d)................................................................................ 31
After Dismissal of Case 39.3(e) ............................................................................................... 31
RULES
Effective Date, Revocation of Prior Rules 1.1 ...................................................................... 5
SCHEDULING ORDER
Exemption 16.2 .............................................................................................................................. 27
SECURITY (see BAIL, SURETIES AND SECURITY) SERVICE OF PROCESS
Special Appointment for 4.1 ................................................................................................ 5, 48
STANDING ORDERS
Standing Orders; Effect upon 1.1.1........................................................................................... 5
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STIPULATIONS OF COUNSEL
For Extension of Time 7.4(b) ................................................................................................... 19
Relating to Procedure 7.4(b)(1) ............................................................................................. 19
Submission of Stipulation by ECF 5.1.2(9) ........................................................................ 14
When Stipulation Must be in Writing 7.4(a), (b) ............................................................ 19
STUDENT PRACTICE RULE 83.5.1 ........................................................................................................................ 54
SUBPOENAS FOR TRIAL
Absence of Witness 45.1 ............................................................................................................ 39
SUMMATIONS BY ATTORNEYS
In Non-Third Party Actions 39.1(b) ...................................................................................... 30
In Third Party Actions 39.1(c) ................................................................................................. 30
SUMMONS ENFORCEMENT PROCEEDINGS PURSUANT TO 26 U.S.C. §§ 7402(b) and 7406(a)
Complaint, Contents 4.1.2(b) ...................................................................................................... 6
Federal Rules to Govern 4.1.2(a) ............................................................................................... 6
Initiation of 4.1.2(b) ........................................................................................................................ 6
SURETIES (see BAIL, SURETIES AND SECURITY) THIRD PARTY
Time of Motion to Join 14.1 ...................................................................................................... 27
TRANSFER UNDER 28 U.S.C. SECTION 1404(a) 3.2
Assignment of cases for trial in Reading 40.1(b)............................................................ 33
Attachment for Witnesses 43.1.1 ........................................................................................... 38
Attorneys 43.1(a)(b) .................................................................................................................... 38
Conduct of 43.1............................................................................................................................... 38
Demand for Trial De Novo Following Arbitration Award 53.2(7) ......................... 45
Jury Challenge to Array 48.1(a) .............................................................................................. 39
Pretrial Procedure 16.1 ............................................................................................................27
Post-trial Motions 7.1................................................................................................................18
Subpoenas for 45.1 ....................................................................................................................... 39
Summations 39.1 ........................................................................................................................... 30
UNITED STATES CODE
26 U.S.C. §§ 7402(b), 7604(a) ..................................................................................................... 6
Enforcement Proceedings 4.1.2 .............................................................................................. 6
28 U.S.C. § 2255 .............................................................................................................................. 22
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VIDEO RECORDING
Disposition of 39.3.1 .................................................................................................................... 31
WARRANT OF ATTORNEY
Judgments Pursuant to 56.1 ..................................................................................................... 48
WITNESSES
Appearance of Judicial Officer as Character Witness 45.1.1 .................................... 39
Subpoenas for Trial 45.1 ............................................................................................................ 39
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