JUDGE JEFFREY L. SCHMEHL
Judge Schmehl was appointed to the United States District Court for the Eastern District
of Pennsylvania on June 27, 2013.
I. PRELIMINARY GENERAL MATTERS
A. Location
The main location for chambers is The Gateway Building, 201 Penn Street, 5th floor,
Reading, Pennsylvania. On occasion, Judge Schmehl sits in Philadelphia. Philadelphia chambers
is located at U.S. Courthouse, 601 Market Street, Room 5613, Philadelphia, Pennsylvania.
Counsel are advised that it is their responsibility to check the scheduling orders to determine the
proper location for all hearings and conferences.
B. Correspondence with the Court
Law clerks have no authority to grant continuances or to give advice on substantive or
procedural matters. Therefore, unless contacted by a law clerk, counsel should not communicate
with the law clerk. Telephone inquiries regarding civil and criminal cases should be directed to
Brian R. Dixon, Deputy Clerk, at 610-320-5099. Email is preferred for most written
correspondence with chambers, and the address is
[email protected]. Faxes are not accepted.
C. Telephone Conferences
Judge Schmehl will hold telephone conferences to resolve scheduling matters, discovery
disputes, and substantive motions. The court will also hold telephone conferences at any time to
explore the possibility of settlements. The court will notify counsel of the date and time for the
telephone conference. In a civil case, counsel for the moving party will be responsible for
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providing a telephone conference number that the Court and all parties can dial into at the time
of the call. In a criminal case, the United States Attorney’s Office will be responsible for
providing a telephone conference number for the use of the Court and all parties.
D. Oral Arguments and Evidentiary Hearings
Judge Schmehl does not set aside certain days or times for oral argument, motions, or
evidentiary hearings. Hearings and argument are scheduled when warranted.
E. Pro Hac Vice Admissions
Counsel moving for the pro hac vice admission of an attorney must file a motion setting
forth the attorney’s admission, the reason why the party desires the attorney to participate, and
why the attorney is especially qualified to do so. The form application provided by the Clerk is
inadequate. Moving counsel shall also indicate that the filing fee has been paid.
F. Document Formatting
All documents submitted shall be in Word format.
G. Citations
The Court prefers case citations contained in briefs to be in Westlaw format, if possible.
H. Courtesy Copies
Courtesy copies shall not be provided to chambers unless the exhibits are voluminous or
the case is sealed. Prior to sending courtesy copies, counsel shall contact chambers via email to
determine whether courtesy copies are necessary. If advised by chambers that the Court requires
courtesy copies, counsel shall mail them to The Gateway Building, 201 Penn Street, 5th floor,
Reading, Pennsylvania, 19601.
II. CIVIL CASES
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A. Pretrial Procedure
1. Rule 16 Conference
The court will schedule a preliminary pretrial conference as described in Federal Rule of
Civil Procedure 16(b) and (c) shortly after a defendant has filed an appearance or pleading.
Counsel are expected to commence discovery immediately upon the joining of the case in order
to have a substantive amount of discovery completed by the time they appear for the Rule 16
conference. At least three business days prior to the pretrial conference, counsel must complete
and submit to my Reading chambers, by email, the joint status report of the Rule 26(f) meeting.
A blank form for this report is available on the website with these Policies & Procedures.
The court relies on counsel’s good faith compliance with Rule 26(f) in all respects. The
Rule 26(f) meeting should take place as early in the case as possible, but no later than twenty-one
days before the scheduled Rule 16 conference. Outstanding motions will not excuse the
requirements of holding the meeting and submitting the plan. The meeting should be a
meaningful and substantive discussion to formulate the proposed discovery plan required by the
Rule. Parties who do not comply will have no voice at the scheduling conference and may be
subject to additional sanctions. Initial disclosures pursuant to Rule 26(a) shall be completed no
later than seven days before the Rule 16 conference.
It is also expected that the parties will reach an agreement on how to conduct electronic
discovery. The parties shall discuss the parameters of their anticipated e-discovery at the Rule
26(f) conference and shall be prepared to address e-discovery at the Rule 16 conference with the
court. In the event the parties cannot reach such an agreement before the Rule 16 conference, the
court will enter an Order incorporating default standards, a sample of which is found on the
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website below my policies and procedures.
At the initial pretrial conference, the parties should be prepared to address all topics listed
in Local Rule of Civil Procedure 16.1(b) and Federal Rule of Civil Procedure 16(b) and (c), the
progress of self-executing disclosure under Federal Rule of Civil Procedure 26(a), and any
settlement or mediation proposals. The court will issue a Rule 16 scheduling order at the
conclusion of the conference.
Lead trial counsel must attend the Rule 16 conference. Counsel taking part in any pre-
trial conference must be prepared to speak on every subject, including settlement, and have
authority from their clients to do so. Counsel shall be prepared to discuss all claims and defenses
in detail, and shall have a thorough comprehension of the facts.
2. Final Pretrial Conference
There will be a final pretrial conference within ten days of the trial date. Counsel shall
comply with Local Rule 16.1 regarding the submission of a pretrial memorandum. These
memoranda shall be filed no later than seven days prior to the pretrial conference.
During this conference, the court will address factual and legal issues, the admissibility of
exhibits, scheduling issues, and settlement.
B. Continuances and Extensions
Unless there is good cause to justify a change, the parties are expected to adhere to the
dates contained in scheduling orders. Continuance requests must be put in writing via email only.
The parties shall not file motions seeking continuances of deadlines. The court will grant a
continuance or extension based on a stipulation of all parties if the continuance or extension does
not affect the discovery cutoff or trial date. All stipulations shall be submitted directly to
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chambers via email and shall contain a signature and date line for Judge Schmehl to approve the
stipulation. If a continuance or extension will affect the discovery cutoff or trial date, counsel
should make a written request via email which sets forth the basis for the continuance or
extension and indicates whether the other party or parties agree to or oppose the request.
C. General Motion Practice
1. Oral Argument on Motions
If the judge believes oral argument will be helpful in deciding a matter, he will schedule it,
particularly when it involves a dispositive motion. A party desiring oral argument should request
it by letter or in the body of the motion or responsive pleading. The ultimate decision as to the
necessity of oral argument rests with the judge, and not all requests for oral argument will be
granted.
2. Reply and Surreply Briefs
Reply briefs, addressing only issues raised in the brief in opposition and not repeating
arguments in the brief, may be filed within seven days of service of the opponent’s brief in
opposition and shall be limited to ten pages. No further briefs may be filed.
3. Length and content of briefs or legal memoranda
All grounds for relief should be set forth in a single, comprehensive motion. A motion to
dismiss, for example, should not be divided into separate motions for each count, but rather
should include all bases for relief. Any brief or memorandum should be limited to twenty-five
pages. If a party requires more than twenty-five pages to explain its position to the court, a motion
to exceed the page limit should be filed, setting forth good cause for granting an exception.
4. Rule 56 Motions
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Along with any motion for summary judgment, the parties must file a joint stipulation
listing all of the material facts on which the parties can agree. Such stipulations must not include
tracked changes or markups. They must only consist of uncontested facts agreed upon between
the relevant parties. Judge Schmehl expects parties opposing summary judgment motions to
cooperate in preparing such stipulations. The parties should then address in their briefs any other
facts that could not be agreed upon because they are in dispute as to either correctness or
materiality, or because one party simply asserts they should not be in dispute, but extensive
factual disputes may lead to denial of summary judgment motions.
D. Discovery Matters
1. Length of Discovery Period and Extensions
In standard track cases, the court usually allows up to ninety days from the date of the
Rule 16 conference to complete discovery. In special management cases, the court will permit
additional time to conduct discovery if the parties identify a need to do so at the Rule 16
conference, or any subsequent status conferences. A case will ordinarily be listed for trial thirty to
sixty days after the completion of discovery.
2. Discovery Conferences and Dispute Resolution
Counsel for all parties are strongly encouraged to resolve discovery disputes by
themselves. In the event that a discovery dispute requires court intervention, the party
contemplating a motion shall seek a telephone conference with the court before filing any
motion. If the telephone conference fails to resolve the discovery dispute, the party seeking relief
will be permitted to file an appropriate discovery motion. The motion shall not exceed five
pages, shall not contain exhibits, and shall not include a memorandum of law.
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The responding party may file a response within five days. This response should also be
limited to five pages and shall not include exhibits or a brief or memorandum of law. Judge
Schmehl permits telephone conferences to resolve disputes during depositions in cases where the
deposition would otherwise have to be adjourned.
3. Confidentiality Agreements
The court will only approve confidentiality or sealing orders for good cause shown.
E. Settlement
1. General Approach to Settlement and Non-Jury Cases
Settlement will be discussed at the initial Rule 16 status conference and at any subsequent
conference. The court will not participate in settlement negotiations in non-jury cases. Most cases
will be referred to a Magistrate Judge for a settlement conference.
F. Arbitration
1. General Approach to Arbitration
Judge Schmehl will not hold a Rule 16 conference or issue a scheduling order in
arbitration track cases, unless there is a de novo appeal from an arbitration award. The parties are
expected to complete all discovery prior to the date of the arbitration hearing.
2. Scheduling of Trial De Novo from Arbitration
Upon demand for trial de novo from an arbitration award, the court will issue a scheduling
order setting the date for a pretrial conference to discuss the case and further scheduling.
Ordinarily, neither discovery nor dispositive motions will be allowed after the arbitration hearing.
G. Final Pretrial Memoranda
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1. Required Form of Pretrial Memoranda
Unless otherwise ordered by the court, the pretrial memorandum should be prepared in
accordance with the provisions of Local Rule of Civil Procedure 16.1(c), and should also include
the following items:
a. All stipulations of counsel
b. A statement of objection to: (1) the admissibility of any exhibit
based on authenticity; (2) the admissibility of any evidence expected to be offered for any reason
(except relevancy); (3) the adequacy of the qualifications of an expert witness expected to testify;
and (4) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of
Evidence 701. Such objection shall describe with particularity the ground and the authority for the
objection.
c. Deposition testimony (including videotaped deposition testimony)
that the party intends to offer during its case-in-chief. The statement should include citations to
the page and line number and the opposing party’s counter-designations.
H. Injunctions
1. Scheduling and Expedited Discovery
Judge Schmehl will promptly list any request for a temporary restraining order (“TRO”) or
a preliminary injunction assigned to him.
2. Pre-Hearing Conference
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Judge Schmehl will hold a pre-hearing telephone conference call to discuss discovery
issues and possible resolution of the request for a TRO. Expedited discovery will be discussed
and, when appropriate, ordered at the conclusion of the pre-hearing conference.
3. Proposed Findings of Fact and Conclusions of Law
Judge Schmehl requires submission of proposed findings of fact and conclusions of law
for TRO and injunction hearings. The court will set the time for submission of these items at the
pre-hearing conference.
I. Trial Procedure
1. Scheduling Cases
A date for trial will be determined at the initial Rule 16 conference. The trial listing will
be for a date certain as specified in the scheduling order and not as part of a pool. Questions
relating to scheduling matters should be directed to Judge Schmehl’s Civil Deputy Clerk via
email.
2. Cases Involving Out-of-Town Parties or Witnesses
Judge Schmehl schedules the trial of cases involving out-of-town counsel, parties, or
witnesses in the same manner as all other cases. Counsel are responsible for the scheduling of
witnesses.
3. Conflicts of Counsel
Counsel should notify the court immediately upon hearing of any unavoidable and
compelling professional or personal conflicts affecting the trial schedule.
4. Notetaking by Jurors
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Notetaking by jurors is permitted at the court’s discretion.
5. Voir Dire
Judge Schmehl permits counsel to conduct all voir dire in civil cases. There is generally a
time limit of thirty minutes for each side for voir dire.
6. Trial Briefs
Parties should submit a trial brief only if a new or unique point of law is involved.
7. Motions In Limine
Judge Schmehl typically requires motions in limine to be filed ten days before trial.
8. Examination of Witnesses Out of Sequence
The court will permit counsel to examine his/her own witnesses out of turn for the
convenience of a witness.
9. Opening Statements and Summations
In most cases, the court permits up to thirty minutes for an opening statement and up to
forty-five minutes for a summation or closing argument.
10. Examination of Witnesses or Argument by More Than One Attorney
More than one attorney for a party may examine different witnesses or argue different
points of law before the court. Only one attorney for each side may examine the same witness or
address the jury during the opening statement or summation.
11. Re-Direct and Re-Cross Examination of Witnesses
The court will permit limited re-direct and re-cross examination on matters not previously
covered by cross examination or in special circumstances.
12. Videotaped Testimony
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Videotaped testimony should begin with the witness being sworn. Counsel should bring
objections to the court’s attention at the time of the final pretrial conference. After the court rules
on any objections, counsel should edit the tapes before offering the videotaped testimony at trial.
13. Reading of Material into the Record
Judge Schmehl has no special practice or policy regarding reading stipulations, pleadings,
or discovery material into the record at trial.
14. Preparation of Exhibits
Exhibits should be pre-marked and exchanged in accordance with the final pretrial order.
On the day trial is scheduled to commence, counsel should provide one copy of each exhibit and a
copy of a schedule of exhibits to the court.
15. Offering Exhibits into Evidence
Unless the parties have an agreement as to the admissibility of a proposed exhibit, a
witness may not testify as to its content until it has been admitted into evidence.
16. Directed Verdict Motions
Motions for judgment as a matter of law in jury trials and motions for an involuntary
dismissal in non-jury trials must be in writing. Oral argument on the motions is ordinarily
permitted.
17. Proposed Jury Instructions and Verdict Forms
Judge Schmehl typically requires that the parties submit proposed jury instructions on
substantive issues and proposed verdict forms or special interrogatories for the jury no later than
ten days before the trial. Counsel should submit a copy of the proposed jury instructions to
chambers via email. Jury instructions need only be submitted with respect to substantive issues in
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the case. Proposed instructions on procedural matters such as the burden of proof, unanimity, and
credibility are not necessary.
Each proposed instruction should be on a separate sheet of paper, double spaced, and
should include citation to specific authority. The court will not consider proposed instructions
without citation to specific legal authority. Cases and model jury instructions that are cited should
be accurately quoted and a page reference should be provided.
Counsel will have the opportunity to file supplemental points or proposed findings of fact
and conclusions of law during trial as necessary. If a model jury instruction is submitted, the
submitting party shall state whether the proposed jury instruction is unchanged or modified. If a
party modifies a model jury instruction, the additions should be underlined and deletions should
be placed in brackets.
18. Proposed Findings of Fact and Conclusions of Law
Proposed findings of fact and conclusions of law in non-jury cases should be submitted to
chambers via email at least seven days before the trial date. The parties may submit revised or
supplemental findings of fact and conclusions of law with specific reference to trial evidence at
the conclusion of the case. A schedule for the submission of revised findings/conclusions will be
discussed at the conclusion of trial.
19. Unavailability of Witnesses
If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil
Procedure 32(a)(3), the court expects an oral or videotaped deposition to be used at trial for that
witness, whether the witness is a party, a non-party, or an expert. The unavailability of such
witness will not be a ground to delay the commencement or progress of trial.
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20. Lay Witness Opinion
Any party expecting to offer lay opinion testimony pursuant to Federal Rule of Evidence
701 regarding issues of liability or damages shall provide the opposing parties with information or
documents supporting the testimony at the time required for submission of expert reports.
21. Bifurcation
In cases where the number of witnesses for damages greatly exceeds the number of
witnesses for liability, Judge Schmehl may bifurcate the trial of the case.
22. Stipulations
Judge Schmehl strongly encourages counsel to stipulate to as many matters as possible
before trial, including undisputed facts, exhibits, jury instructions, and special interrogatories.
J. Jury Deliberations
1. Exhibits in the Jury Room
After the jury has been instructed and taken to the jury room to begin deliberations, the
court and counsel will discuss which exhibits should go out with the jury for their consideration
during deliberations.
2. Handling of Jury Requests to Read Back Testimony or Replay Tapes
At the jury’s request, the court may permit the Deputy Clerk to read portions of testimony
back to the jury or to replay the audio or video-taped testimony.
3. Availability of Counsel During Jury Deliberation
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During jury deliberations, counsel may leave the courthouse, but they must leave cell
phone numbers with the Civil or Criminal Deputy Clerk and be able to return to the courthouse
within ten to fifteen minutes.
4. Taking the Verdict and Special Verdicts
Ordinarily, the court will submit interrogatories to the jury. The Courtroom Deputy will
take the verdict in the presence of the court, counsel, and the parties.
5. Polling the Jury
If requested by counsel, the court will poll the jury.
6. Interviewing the Jury
Judge Schmehl will allow counsel to interview jurors but will instruct the jury that they
are not required to talk to the attorneys.
III. CRIMINAL CASES
A. Approach to Oral Argument and Motions
The court will generally permit oral argument on a substantive motion in a criminal case
upon request.
B. Pretrial Conferences
Judge Schmehl does not generally hold a telephone scheduling conference with counsel in
criminal cases, unless counsel specifically request one. All scheduling of criminal matters is
handled by the Judge’s Criminal Deputy Clerk.
C. Voir Dire
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In criminal cases, Judge Schmehl will conduct the initial voir dire regarding hardships, the
general suitability of the jurors, etc. Counsel may then ask additional, preapproved questions.
Counsel should submit proposed voir dire questions in writing seven days before the trial date.
D. Sentencing Memoranda
Judge Schmehl requires the parties to submit sentencing memoranda five days prior to
sentencing.
IV. OTHER MATTERS
A. Consultation with Opposing Counsel
In general, Judge Schmehl expects counsel to bring matters to his attention only after they
have been discussed with opposing counsel.
C. Professionalism
Judge Schmehl will insist on punctuality and courtesy from counsel to the court and to
each other, both in the presence of the court and otherwise. The examination of witnesses should
be conducted from the lectern or from counsel table. Counsel should rise to address the court and
should seek permission of the court before approaching witnesses or the bench. In addition,
counsel will direct all comments to the court or to the witness under examination and not to other
counsel or to the jury. To the extent possible, the parties should notify the court of any issues that
will need to be ruled upon at the start of the day’s proceedings, or during a recess out of the jury’s
presence. Side bar conferences are permitted when necessary.
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