Last Updated: August 29, 2025
Policies and Procedures – General Guidance and Civil Matters
Judge John F. Murphy
United States District Court Tel: 267-299-7510
Eastern District of Pennsylvania Fax: 215-580-2312
601 Market Street
[email protected]
Philadelphia, PA 19106 Courtroom 3B
Table of Contents
1. Communications with Chambers
2. ECF Filings Generally
3. Extensions of Time
4. Disclosure Statements and Pro Hac Vice Motions
5. Rule 12 Motions to Dismiss and Amended Pleadings
6. Rule 16 Conferences and Discovery Planning
7. Discovery and Discovery Disputes
8. Protective Orders, Confidentiality Agreements, and Filings Under Seal – Civil Cases
9. Motions
10. Courtesy Copies
11. Development of Trial Lawyers
12. Final Pretrial Memoranda and Other Pretrial Matters
13. Objections to Exhibits and Deposition Designations
14. Jury Instructions and Verdict Sheet
15. Final Pretrial Conference
16. Trial
17. Special Considerations for Bench Trials
18. How to Voluntarily Dismiss Your Case
1. Communication with Chambers
All requests and written communication with chambers should be made through an
appropriate ECF filing. Requests for relief should almost always be made by motion. E-mail
(
[email protected]) or other written communication is permitted only when
directed or because of a scheduling emergency.
Questions of any type may be directed to:
Kerri Christy, Deputy
267-299-7510
We typically hold case conferences by video, using Microsoft Teams.
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2. ECF Filings Generally
All ECF filings must be text-searchable, including exhibits. Within the limits of what the
ECF system allows, ECF descriptions and filenames must reflect the contents of the filing (e.g.,
use “Ex. A - Contract” or “Ex. B - Smith Dep. Transcript” instead of “Exhibit A”).
When referencing a document already on the docket, do so by docket number so that it
may easily be retrieved (e.g., DI 12). If the docket entry lacks its own page numbering, use the
ECF header page numbers.
Do not attach as exhibits any documents that are already on the docket.
You must attach as exhibits copies of any web pages relied upon.
Proposed orders should be filed on ECF along with the relevant request for relief, except
that complex proposed orders, such as scheduling orders in patent cases or lengthy discovery
orders, should also be e-mailed to chambers in Word version to facilitate editing.
3. Extensions of Time
Requests for extensions of time must be made by motion or stipulation filed by ECF (and
not sent to the Clerk of Court, e-mailed to chambers, or requested by telephone). Such
requests — even if joint or unopposed — must show good cause for proposed extension. Lack
of diligence generally defeats good cause.
Trial dates certain will not be continued absent an emergency on the criminal docket or a
truly extraordinary justification.
All requests must be made at least 7 days before the closest relevant deadline or, if made
within 7 days, must further justify the last-minute request.
4. Disclosure Statements and Pro Hac Vice Motions
Disclosure statements. Immediate adherence to Rule 7.1, especially Rule 7.1(a)(2), is
mandatory. Citizenship of a limited liability company, professional corporation, limited
partnership, partnership, and unincorporated association is determined by the citizenship of all its
members or partners. Complete disclosure is mandatory. Knowing the definition of citizenship
for federal-jurisdiction purposes is mandatory.
Pro hac vice. Motions for pro hac vice admission must be made using the Eastern
District of Pennsylvania’s form, available on the Court’s website:
https:// https://www.paed.uscourts.gov/forms/forms-miscellaneous miscellaneous (under the
heading “Motion for Pro Hac Vice Admission”).
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Sponsoring counsel and other associated members of the bar of the Eastern District of
Pennsylvania are responsible for the conduct of pro hac vice co-counsel and for the integrity of
all representations to the Court. See Rule 11. Absent leave, the presence of at least one member
of the bar of the Eastern District of Pennsylvania is required at hearings and trials.
5. Rule 12 Motions to Dismiss and Amended Pleadings
Any Rule 12 motion to dismiss must be accompanied by a certification (preferably filed
separately on the docket) that the parties have met and conferred on the substance of the motion,
and a statement of each party’s position and reasons for whether or not discovery should proceed
while the Rule 12 motion is pending. The parties should take into consideration applicable
factors such as: (i) whether the motion addresses all counts of the complaint or has the potential
to fully resolve or greatly simplify the case; (ii) the complexity of the motion; (iii) the potential
for avoiding wasted time; and (iv) the need for expeditious resolution of the case. Judge Murphy
will take the likelihood of success of the motion into consideration but does not require the
parties to discuss that beyond the merits briefing itself.
If Judge Murphy decides that discovery should commence, we will issue an appropriate
order. The parties are, of course, always free to engage in voluntary discovery.
Amended pleadings must always be accompanied by a redline version indicating the
amendments that were made.
6. Rule 16 Conferences and Discovery Planning
We will schedule a Rule 16 conference either after an answer is filed, or after a Rule 12
motion is filed, if we determine that discovery should proceed while the motion is pending.
Counsel must conduct an initial Rule 26(f) conference as soon as possible, and in any
event no later than 21 days before the initial Rule 16 conference. The parties must exchange
Rule 26(a)(1) initial disclosures no later than 14 days before the initial Rule 16 conference. The
parties must file a joint Rule 26(f) report no later than 7 days before the initial Rule 16
conference. The parties must address at least the topics shown in Judge Murphy’s sample Rule
26(f) report, available on his page on the Court’s website.
Absent leave, lead counsel must participate in the Rule 26(f) conference(s); attend Rule
16 conferences; and be prepared to thoroughly discuss:
• all substantive aspects of the merits and goals of the case;
• every aspect of the Rule 26(f) report, including the detailed plan for discovery;
• any pending motions;
• settlement; and
• the case schedule.
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7. Discovery and Discovery Disputes
Local Rule 26.1 must be followed.
Prompt and early discovery is encouraged to make progress in the case and to make
discovery planning more realistic and productive.
The vast majority of discovery disputes should be settled by counsel through diligence,
civility, and common sense. We expect the parties to have met and conferred in good faith
before filing a motion related to a discovery dispute. The Local Rule 26.1 certification should be
specific and substantive. Failure to do so will usually bar relief.
When ripe for resolution, discovery disputes must be presented by an appropriate motion.
The motion (and any opposition) must include a detailed and specific proposed order setting
forth the precise relief requested; only for the simplest of motions is it sufficient to merely state
that the motion is granted. Lack of specificity may bar relief. Local Rule 26.1(g) will be
enforced promptly whenever applicable. Otherwise, Judge Murphy will typically order
expedited opposition briefing and a conference.
When used, privilege logs must provide information sufficient for the opposing party to
understand the basis for the assertion of privilege. For claims of privilege covering multiple e-
mails, the party asserting privilege must describe the specific e-mails that are being withheld, as
opposed only to the e-mail at the top of the e-mail string, and the basis for withholding each e-
mail. Where several e-mails are exchanged between individuals, and the same privilege claim
applies to all of those e-mails, the party asserting privilege may describe the e-mails collectively,
rather than one-by-one.
8. Protective Orders, Confidentiality Agreements, and Filings Under Seal – Civil Cases
Judge Murphy will not enter a discovery protective order on confidentiality in a civil case
unless statutorily required or for demonstrated good cause, but will enforce private
confidentiality agreements as a matter of contract law. See In re Avandia Mktg., Sales Practices
& Prod. Liab. Litig., 924 F.3d 662, 671-73 (3d Cir. 2019). Any proposed protective order must
include language to the following effect: “The Court retains the right to allow disclosure of any
subject covered by this order or to modify this order at any time in the interest of justice.”
Unless it is an emergency, documents may not be filed under seal in a civil case absent
leave. Before attempting to file documents under seal, parties should carefully consider whether
the purportedly confidential information could simply be omitted, redacted, or made available
upon request because it is unessential. That often-overlooked approach avoids the need to justify
sealing. For example, complaints should almost never be filed under seal.
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A party seeking to file documents under seal should follow this procedure:
(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed
material as narrowly as possible and articulating good cause consistent with applicable
precedent. The motion to file under seal should be filed on the public docket by ECF.
Any unredacted documents accompanying the motion should be contemporaneously e-
mailed to chambers. The moving party should indicate the consent of opposing counsel.
(ii) If the motion to file under seal is granted, file the complete, unredacted versions of
the documents under seal by ECF on the docket (observing appropriate deadlines).
Consistent with representations made when seeking leave to file under seal, and any
related order, counsel should highlight the non-public portions of sealed documents.
(iii) Within 30 days of the filing under seal (or as otherwise ordered), file thoughtfully
and narrowly redacted, public versions of the same documents by ECF on the docket.
Documents filed under seal should be filed appropriately using ECF. Any documents
filed under seal should also be sent to chambers in the same manner as courtesy copies (see
section 10, below). Paper copies will not be accepted.
9. Motions
Local Rule 7.1 must be followed except where these policies and procedures vary.
Reply briefs are encouraged where thought to be helpful; may be filed without leave; and
must be filed no later than 7 days after the opposition brief. Judge Murphy may decide a motion
at any time after the opposition is filed.
All briefs must be double-spaced, in at least 12-point font with at least 1-inch margins.
Footnotes must be in the same font size as the body of the brief. Any brief longer than 10 pages
must include a table of contents and table of authorities.
Page limits, absent leave:
• Opening brief: 25 pages or 6,250 words
• Response/opposition: 25 pages or 6,250 words
• Reply: 10 pages or 2,500 words
Counsel may exceed the page limits (e.g., to include figures or diagrams) without leave if
an appropriate word count certification is included.
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Summary judgment motions. Absent leave, a party is entitled to file only one single
Rule 56 motion (at the time designated in the scheduling order) that addresses whatever issues
the party wishes to raise within the page or word limit.
Parties must adhere to the following procedure for summary judgment motions. 1 Failure
to comply may result in the motion being struck with leave to refile a compliant motion. A
summary judgment motion must be accompanied by (a) a single, consolidated statement of facts
that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint
set of all exhibits cited in the statement of facts. Parties shall prepare the statement of facts as
follows:
• At least 28 days before the deadline to file a motion, the moving party must serve on all
other parties (but not file) a statement of undisputed material facts in a numbered,
paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony
supporting each factual assertion;
• At least 14 days before the deadline to file a motion, any responding party must serve on
all other parties (but not file) a response to the statement of facts that includes the
following: (a) the responding party’s response to each factual assertion, which shall be
directly under the original paragraph and must include citation to any evidence that the
responding party contends creates a material factual dispute and/or any argument for why
the evidence that the moving party has cited does not support the factual assertion or is
not admissible; and (b) any additional facts that the responding party intends to submit as
part of the summary judgment briefing; and
• The moving party may then respond to any statements or arguments in the responding
party’s submission, directly under the relevant paragraph.
The result of this process will be a single, consolidated statement of facts that permits us
to see each party’s position on each factual assertion in one place. For example, for paragraph 1
in the statement of facts, we will see the movant’s factual assertion and supporting evidence,
followed by the respondent’s response, followed by the movant’s reply, before moving to
paragraph 2. The moving party must file the consolidated statement of facts and the joint set of
exhibits with its motion.
The joint set of exhibits must be filed in conformity with section 2 of these policies and
procedures. For motions with voluminous exhibits, we encourage using a single consecutively
numbered appendix with a table of contents rather than individual, separately filed exhibits.
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This guidance was updated on August 29, 2025. It applies to summary judgment
motions filed after October 31, 2025. Extensions to the dispositive motions deadline to allow
compliance with this guidance will typically be granted.
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If there will be cross-motions for summary judgment, each movant may file a separate
statement of facts that follows the above procedure for each motion, but the parties shall still
prepare a single, consolidated set of exhibits. If a party’s motion for summary judgment, or an
opposition thereto, is based in whole or in part on an argument that expert testimony is not
admissible, then the party must raise such argument in a contemporaneous Daubert motion.
Oral argument. We order argument on motions when it will be helpful. Requests for
argument will almost certainly be granted when the request indicates that a junior lawyer will
have a speaking role. See section 11, below. Thoughtful illustrative aids (timelines, highlighted
copies of key documents, photographs, etc.) are very welcome. Slides containing caselaw
quotations are of little value.
10. Courtesy Copies
For any dispositive motion or brief (e.g., Civil Rule 12, 50, 56) or responsive brief that
includes exhibits, counsel must send (by e-mail or file transfer service) a PDF courtesy copy to
chambers (
[email protected]). The PDF copy should:
• be as-filed, i.e., with the ECF notations at the top of each page;
• include the main documents and all exhibits in one single PDF file;
• use PDF bookmarks for exhibits and for sections in longer documents;
• be text-searchable, including exhibits; and
• have a file name that reflects the case number, docket number(s), and a description.
In essence, we want an electronic copy of the same complete document that counsel
likely keeps in their own files. Do not send paper courtesy copies to chambers unless requested.
11. Development of Trial Lawyers
We encourage counsel to assign speaking roles in court to less-experienced lawyers,
particularly where the lawyer in question is more familiar with the matter at hand. We will draw
no inference about the importance or merits of a matter from counsel’s decision to involve a
junior attorney (or decision not to do so). To the contrary, we will make every appropriate effort
to accommodate junior lawyers, including additional time and allowing co-counsel to speak
when helpful. To that end, counsel may notify us when a junior lawyer intends to argue.
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Civil Pretrial and Trial Procedures
12. Final Pretrial Memoranda and Other Pretrial Matters
We will typically set a trial date certain and related pretrial deadlines during a case
management conference after the close of discovery. Counsel must come to that conference
prepared to set both the date for trial and time required for trial. When a party files a summary
judgment motion, Judge Murphy may not set the trial date until after resolution of summary
judgment, depending on the circumstances.
The parties must meet and confer and prepare a single integrated pretrial memorandum.
Absent agreement or order, plaintiff is responsible for the assembly and filing of the
memorandum at the time ordered, or otherwise, no later than 14 days before trial. The parties
will not submit a trial brief unless requested. The integrated pretrial memorandum must address
at least the subjects listed below and include appropriate attachments. Where a joint statement is
called for below, separate statements may be provided only to explain an unresolvable dispute.
A. A joint statement of the nature of the action and the basis on which the jurisdiction of the
court is invoked;
B. A joint statement of the issues to be tried;
C. A joint statement summarizing any contested issues of law or pending motions;
D. Any stipulations of counsel, including as to basic undisputed facts and facts previously
stipulated to in the Rule 26(f) report;
E. Each party’s brief statement of facts and contentions as to liability (e.g., claims and
defenses);
F. Each party’s list of every item of monetary damages claims, including (as appropriate)
computations of lost earnings and loss of future earning capacity, medical expenses
(itemized), property damages, etc. If relief other than monetary damages is sought,
information adequate for framing an order granting the relief sought shall be furnished;
G. Each party’s witness list, identifying names, addresses, a substantive summary of the
expected testimony, and whether the witness is expected to testify live, by written
deposition, or by video deposition;
H. Either: (1) each party’s identification — including citations to pages and lines — of
deposition testimony that the party intends to offer during its case-in-chief, together with
any counter-designations from the other party; OR (2) an explanation of an agreement
made between the parties to timely exchange deposition designations, counter-
designations, and objections (see section 13, below);
I. A joint exhibit list and each party’s exhibit list, identifying documents not only by a trial
exhibit number but also by a description, date, and relevant markings (e.g., Bates number
or deposition exhibit number, etc.);
J. An explanation of how the parties propose to handle witness identification as well as
objections to exhibits and deposition designations (see section 13, below);
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K. Each party’s proposed questions for voir dire (including at least a joint list of names that
should be screened to determine whether or not the jurors are familiar with the names and
how);
L. If not already determined by the scheduling order, an estimate of the number of days or
amount of time required for trial;
M. Any agreements or any other matter pertinent to the case to be tried.
After the pretrial conference, the integrated pretrial memorandum shall have the force
and effect of a Rule 16(e) final pretrial order except as modified during the conference or in
other orders from Judge Murphy.
13. Objections to Exhibits and Deposition Designations
The most efficient way to resolve objections to exhibits and deposition designations will
depend on the case. In cases with a compact record and fewer disputes — or for critical disputes
that will greatly affect planning for trial — counsel should exchange their objections, meet and
confer, and seek resolution from Judge Murphy in a motion in limine or during the pretrial
conference. The party advancing the objection is responsible for providing Judge Murphy with
the necessary exhibits, highlighted deposition transcripts, or other information necessary to rule.
In cases with a more expansive record, where resolving all possible objections is
impractical, the parties may agree to a system for identifying specific exhibits and testimony to
each other on a rolling basis before and during trial. Following a meet and confer, the parties
would then present objections to Judge Murphy with sufficient advanced notice to give Judge
Murphy time to rule and the parties time to adapt to the ruling. The parties should explain their
agreement in the pretrial memorandum (see section 12, above).
14. Jury Instructions and Verdict Sheet
At the time ordered, or otherwise no later than 7 days before the final pretrial conference,
the parties shall file proposed verdict sheets and proposed jury instructions, together with
objections, as follows:
• Unless otherwise ordered, at least 14 days before the deadline for filing proposed verdict
sheets and proposed jury instructions, the plaintiff shall serve on defendant draft jury
instructions and a draft verdict sheet, both in Word format. The draft instructions shall
include thorough citations to model instructions or other legal authority relied upon.
• Defendant shall respond within 7 days by serving on plaintiff a redline version along with
explanatory comment bubbles or some equivalent to establish areas of and reasons for
disagreement.
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• The parties shall then meet and confer to resolve as many disputes as possible. Finally,
by the court’s deadline, the parties shall file a single set of jury instructions and a single
verdict sheet, clearly reflecting alternative language using different formatting, brackets,
redlining, or the like, and reasons therefore. Objections, citations, and reasoning may be
provided in footnotes or Word comment bubbles. For complex issues, the parties may
file accompanying briefing. In addition to filing the jury instructions and verdict sheet on
the docket, the parties shall e-mail to chambers the Word versions (with redlines,
comment bubbles, and the like included).
• Whenever possible, the parties shall adhere to the Third Circuit’s Model Jury
Instructions. Variation should be explained with reference to specific legal authority,
such as other model jury instructions, caselaw, instructions from other trials, or
otherwise.
• Each proposed instruction should be numbered consecutively and should start on a new
page to facilitate reference, editing, and reordering.
• The parties should deliberate over and propose a complete, ready-to-read set of
instructions: both preliminary and final instructions; and both standard and case-specific
instructions. Judge Murphy regularly uses the Third Circuit’s Model Jury Instructions for
standard instructions, but will usually defer to counsel when there is mutual agreement.
• Counsel should customize the instructions to the parties or events of the case in a terse
and neutral manner so that they may be more easily understood by the jury.
We will aim to resolve disputes earlier rather than later, but because the course of the trial
may affect the charge, we anticipate that a final charging conference will be necessary in most
cases.
15. Final Pretrial Conference
The final pretrial conference will be scheduled for a time between the filing of the
integrated pretrial memorandum and the beginning of the trial. At the conference, counsel must
be prepared to discuss all aspects of the memorandum; any pending motions; any objections that
have been raised; the jury instructions and verdict sheet, if they have been filed; how exhibits
will be handled and other trial logistics; and any other aspect of trial planning. If counsel want a
court reporter for trial rather than an audio recording, they must raise that with chambers well
before the pretrial conference.
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16. Trial
Once a trial date certain has been set, continuances will be granted only for truly
extraordinary reasons.
Parties are welcome to contact chambers to schedule time to visit the courtroom, test
equipment, and the like. We typically try cases in courtroom 3B, which is an electronic
courtroom. If the parties intend to bring anything larger than laptops, they must contact us at
least two weeks before trial so arrangements can be made.
Below are several miscellaneous guidelines for trial. We appreciate that not every trial is
the same, and where counsel agree on a different approach, they are encouraged to raise their
needs with us in advance of trial.
• Judge Murphy uses a version of the struck jury method and will typically aim to seat
eight jurors. First, drawing on the suggestions of counsel, Judge Murphy will ask the
jurors a series of yes-or-no questions. Second, jurors who answered yes to any question
will be called individually to sidebar for follow up. In special situations, counsel may be
invited to ask follow-up questions as well. Judge Murphy will rule on cause or hardship
for each juror immediately after he or she returns to the gallery. Third, from the list of
remaining jurors, each side will independently exercise three peremptory strikes and
return those privately to Judge Murphy. No additional strikes will be granted if the
parties’ selections overlap. Fourth, Judge Murphy will then seat the jury from all those
who remain, starting with the lowest juror number and working up.
• Absent objection, Judge Murphy permits jurors to take notes. Juror binders are
encouraged but must be approved in advance.
• Typical trial days will run 9 a.m. to 4:30 p.m. (Four 90-minute blocks with 15-minute
breaks and a one-hour lunch).
• The parties are not required to provide the Court in advance with a complete set of
exhibits from the exhibit lists, but may do so if the record is small enough to make that an
efficient approach. In larger cases, it will be better to have several paper copies handy of
exhibits and illustrative aids actually used to facilitate discussion of objections in the
courtroom as needed.
• Absent agreement of the parties, exhibits must be offered into evidence through a
witness, who must at least be shown the exhibit. Absent agreement or leave, exhibits
may not be published to the jury (e.g., on an illustrative aid) until after they have been
admitted into evidence. Once admitted, counsel may publish exhibits to the jury without
requesting to do so.
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• Illustrative aids may be admitted in evidence only by agreement of the parties.
Illustrative aids may be used during opening statements only absent objection and by
agreement of the parties. Illustrative aids should be referenced by an exhibit number and
those actually shown to the jury should be docketed for preservation of the record.
• The parties are responsible for working together to keep track of admitted exhibits. Any
disagreement as to the admitted exhibit list should be raised to the court immediately.
Admitted exhibits, and a list of the same, shall be uploaded to the docket at the
conclusion of the trial.
• Counsel must make every effort to avoid consuming the jury’s time with objections by
resolving disputes in advance of trial or during a break. When the jury is present,
objections must be stated as briefly as possible. Sidebars, while sometimes unavoidable,
are disruptive.
• Motions for JMOL must be summarized briefly on the record, and may be submitted in
writing if counsel wishes.
• Summations will typically follow the jury charge.
• Absent objection, juries will be provided with the complete written jury instructions and
will have access to any admitted exhibit upon request. Juries will not have access to
illustrative aids absent agreement or order of the court.
17. Special Considerations for Bench Trials
Bench trial days will be determined on a case-by-case basis. Judge Murphy is open to
discussing ways to save time as may be appropriate for the needs of the case. Typically Judge
Murphy will prefer to take evidentiary objections under advisement but will provide rulings
during trial for compelling reasons.
Counsel should plan to submit any video deposition testimony to Judge Murphy
electronically, both in written transcript and video format. It is unlikely that we will use
courtroom time to watch deposition videos.
We may require proposed findings of fact and conclusions of law. Counsel should
prepare and pay for prompt transcripts. A schedule for the submission of findings/conclusions
will be addressed at the conclusion of trial.
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18. How to Voluntarily Dismiss Your Case
Attempts to voluntarily dismiss a case often reflect some confusion. Counsel shall
review and adhere to Rule 41 and Local Rule 41.1(b). Absent a scheduling emergency, do not
call or send chambers informal correspondence asking us to mark your matter as settled. That
accomplishes nothing. In most cases, you have the following options and no others:
(i) If it is “before the opposing party serves either an answer or a motion for
summary judgment,” then plaintiff may file a notice of dismissal under Rule
41(a)(1)(A)(i);
(ii) At any point, the plaintiff may file “a stipulation of dismissal signed by all parties
who have appeared.” Rule 41(a)(1)(A)(ii) (emphasis added in hopes counsel will
see it and comply);
(iii) An appropriate motion seeking court order. Rule 41(a)(2); or
(iv) A request — filed on the docket — for a dismissal under Local Rule 41.1(b)
because the case has settled. If you settle your case with the help of a magistrate
judge, he or she may also enter the Local Rule 41.1(b) order.
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