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E.D. Pa. · Judge Gallagher · Practice Guide

Hon. John M. Gallagher

All local rules for E.D. Pa., integrated with this judge's published requirements.

Know Before You Go
👤 Judge Gallagher — deviations that burn people
  • 1. No courtesy copies -- ever: Gallagher expressly prohibits physical or digital copies to chambers unless he specifically requests one. Sending an unrequested courtesy copy violates this rule.
  • 2. Replies require leave of court: unlike most PA-ED judges, Gallagher does not permit replies as of right -- you must file a motion for leave. Filing a reply without leave will likely be disregarded.
  • 3. Page limit is 20, not 25: Gallagher's opening brief limit is 5 pages lower than the PA-ED default and most peer judges, and the 20 pages includes table of contents and attachments -- there is no separate allowance for front matter.
  • 4. MSJ appendix must be Bates-stamped: every reference in a motion/response must cite the Bates number of the appendix page; evidence not in a timely filed, properly formatted appendix will not be considered -- denial of motion is the consequence.
  • 5. Discovery dispute letter before motion: for simple disputes, counsel must first file a brief letter on ECF requesting a telephone conference; escalating directly to a motion to compel without this letter may result in the motion being rejected as premature.
Get updates when Judge Gallagher's procedures change
Discovery Motions
Who decides discovery disputes in this judge's cases: the judge themself, a referral to a magistrate (always / usually / case-by-case), or a special master?
🏛 E.D. Pa. local rule

In accordance with procedures adopted by the Board of Judges, each district judge shall have an assigned magistrate judge. (p. 50)

Matters shall be referred to magistrate judges at the direction of the district judge to whom the case is assigned. (p. 50)

Local R. Civ. P. 72.1(II)

👤 Judge Gallagher — standing order

“Judge Gallagher may hold telephone conferences to resolve scheduling matters or discovery disputes.” · Policies and Procedures

“Once a motion to compel is filed, the Court will schedule a telephone or in-person conference with counsel as soon as possible to resolve the dispute.” · Policies and Procedures

Pre-motion conferral: required? Format (in person / live / written OK)? Who arranges it, deadline, number of attempts? ⚠
🏛 E.D. Pa. local rule

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. (p. 30)

Local R. Civ. P. 26.1(f)

👤 Judge Gallagher — standing order

“The Court urges the parties to settle discovery disputes among themselves.” · Policies and Procedures

“These efforts must include verbal communications, whether by phone or in person.” · Policies and Procedures

“Exchanges of letters or e-mails are not sufficient.” · Policies and Procedures

“The Court will deny a discovery motion that does not meet these requirements.” · Policies and Procedures

What proof of conferral must be filed or stated (certification, letter, dates, participants, duration)? ⚠
🏛 E.D. Pa. local rule

it contains a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute. (p. 30)

Local R. Civ. P. 26.1(f)

👤 Judge Gallagher — standing order

“In a filed discovery motion, the certificate of counsel must provide specific details about the parties’ efforts to resolve the dispute informally.” · Policies and Procedures

“The Court will deny a discovery motion that does not meet these requirements.” · Policies and Procedures

“All motions must contain the certification required under Local Civil Rule 26.1(f).” · Policies and Procedures

Must (or may) the parties get a conference with the court before a written motion (IDC, pre-motion conference, discovery hotline, teleconference)? Required / optional / not offered?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

“The Court will notify counsel of the date and time for the telephone conference.” · Policies and Procedures

“If Court assistance is required, Judge Gallagher prefers that simple disputes be addressed by telephone conferences.” · Policies and Procedures

“Counsel should provide the Court with a brief letter explaining the discovery dispute and requesting a conference.” · Policies and Procedures

The vehicle and contents for raising a dispute with the court: letter / letter-motion / email / form / joint submission. Joint or unilateral? Page or word limits, required contents, attachments.
🏛 E.D. Pa. local rule

Every motion pursuant to the Federal Rules of Civil Procedure governing discovery (p. 29)

Local R. Civ. P. 26.1(b)

👤 Judge Gallagher — standing order

“Counsel should provide the Court with a brief letter explaining the discovery dispute and requesting a conference.” · Policies and Procedures

“Such letters should be filed on ECF.” · Policies and Procedures

“Counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b).” · Policies and Procedures

If a written motion is filed: form (joint stipulation, standard motion, letter brief), length, required contents (e.g., verbatim requests and responses), briefing schedule
🏛 E.D. Pa. local rule

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. (p. 29)

Counsel may also identify the disputed discovery in an attached exhibit, provided that the exhibit clearly identifies the relevant portions. (p. 29)

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. (p. 29)

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. (p. 30)

Every motion shall be accompanied by a form of order which, if approved by the court, would grant the relief sought by the motion. (p. 18)

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. (p. 18)

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. (p. 18)

Counsel are directed to consult each judge’s policies and procedures. (p. 18)

Local R. Civ. P. 26.1(b), 26.1(g), 7.1(a), 7.1(c)

👤 Judge Gallagher — standing order

“The motion shall not exceed five pages and shall not contain exhibits and shall not include a brief or memorandum of law.” · Policies and Procedures

“The responding party must file a response within five days.” · Policies and Procedures

“The response should also be limited to five pages and shall not include exhibits or a brief or memorandum of law.” · Policies and Procedures

Replies, supplemental memos, sur-replies: allowed? Limits?
🏛 E.D. Pa. local rule

The Court may require or permit additional briefs or submissions if the Court deems them necessary. (p. 18)

Local R. Civ. P. 7.1(c)

👤 Judge Gallagher — standing order

“Replies and sur-replies are not permitted unless leave to file them is granted upon motion of a party.” · Policies and Procedures

“Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.” · Policies and Procedures

“Replies and sur-replies, where granted, must be limited to ten and seven pages, respectively.” · Policies and Procedures

Must disputes be filed / heard / decided before the discovery cutoff? Any lead-time requirement?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

Nothing posted.

Is there a hearing? When, how (in person / phone / video), decided on papers?
🏛 E.D. Pa. local rule

Any interested party may request oral argument on a motion. The court may dispose of a motion without oral argument. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Gallagher — standing order

“Once a motion to compel is filed, the Court will schedule a telephone or in-person conference with counsel as soon as possible to resolve the dispute.” · Policies and Procedures

“If the parties resolve the dispute, the conference will be cancelled.” · Policies and Procedures

Emergency / ex parte discovery relief (e.g., disputes during a deposition): allowed? How? ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

“Judge Gallagher permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.” · Policies and Procedures

“Counsel should not walk out of a deposition before making an effort to contact the Court and obtain guidance.” · Policies and Procedures

“If it is at any time determined that counsel walked out of a deposition without good cause, the Court may require counsel and/or counsel's client to pay all the expenses the parties incur in rescheduling and completing the deposition.” · Policies and Procedures

Stated consequences for not following the procedure ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

“Exchanges of letters or e-mails are not sufficient.” · Policies and Procedures

“It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.”” · Policies and Procedures

“If it is at any time determined that counsel walked out of a deposition without good cause, the Court may require counsel and/or counsel’s client to pay all the expenses the parties incur in rescheduling and completing the deposition.” · Policies and Procedures

“In a filed discovery motion, the certificate of counsel must provide specific details about the parties’ efforts to resolve the dispute informally.” · Policies and Procedures

“These efforts must include verbal communications, whether by phone or in person.” · Policies and Procedures

“The Court will deny a discovery motion that does not meet these requirements.” · Policies and Procedures

Hearings & Calendar
When does the judge hear civil motions?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

Nothing posted.

How do you get a hearing date? Self-notice on the motion day, reserve with the courtroom deputy first, or the court sets it? Notice period? Closed dates?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

“Judge Gallagher may hold telephone conferences to resolve scheduling matters or discovery disputes.” · Policies and Procedures

“The Court will notify counsel of the date and time for the telephone conference.” · Policies and Procedures

“If the judge believes oral argument will be helpful in deciding a matter, he will schedule it, particularly when it involves a dispositive motion.” · Policies and Procedures

“A party desiring oral argument should request it by letter.” · Policies and Procedures

“Once a motion to compel is filed, the Court will schedule a telephone or in-person conference with counsel as soon as possible to resolve the dispute.” · Policies and Procedures

Is there oral argument by default, or is it decided on the papers? Can the court vacate the hearing?
🏛 E.D. Pa. local rule

The court may dispose of a motion without oral argument. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Gallagher — standing order

“If the judge believes oral argument will be helpful in deciding a matter, he will schedule it, particularly when it involves a dispositive motion.” · Policies and Procedures

How do you request oral argument (or a hearing) if it isn't automatic?
🏛 E.D. Pa. local rule

Any interested party may request oral argument on a motion. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Gallagher — standing order

“A party desiring oral argument should request it by letter.” · Policies and Procedures

Does the judge issue tentative rulings? When and where are they posted, and what do you do if you submit on one?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

Nothing posted.

Can you appear remotely (phone/video)? How and when to request it?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

“Judge Gallagher may hold telephone conferences to resolve scheduling matters or discovery disputes.” · Policies and Procedures

“Lead trial counsel must attend the Rule 16 conference in person.” · Policies and Procedures

Does the judge encourage or guarantee argument by newer attorneys?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

“The Court encourages trial counsel to assign court presentations to less-experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand.” · Policies and Procedures

“If necessary, the Court will permit two lawyers to make an argument in order to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer's presentation.” · Policies and Procedures

“The Court will draw no inference from a party's decision to have a younger lawyer make a particular presentation, including as to whether the client deems the issue "important."” · Policies and Procedures

How do you continue/adjourn a hearing?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

Nothing posted.

Courtroom technology and devices: equipment available; phones/laptops allowed; testing in advance
🏛 E.D. Pa. local rule

No judicial proceedings may be broadcast by radio or television, or filmed by still or motion-picture camera or other electronic device, (p. 52)

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. (p. 52)

Local R. Civ. P. 83.3(a), (b)

👤 Judge Gallagher — standing order

“Parties are prohibited from recording any conferences or proceedings without prior written approval of the Court.” · Policies and Procedures

Stated consequences for hearing-related noncompliance
🏛 E.D. Pa. local rule

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, (p. 66)

Any attorney who fails to comply with (a) or (b) may be disciplined as the court shall deem just. (p. 66)

Local R. Civ. P. 83.6.1(b), (c)

👤 Judge Gallagher — standing order

Nothing posted.

Summary Judgment
How many SJ motions may each party (or side) file, and how do you get leave for more?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

What page limits apply to SJ briefs, where they differ from the general motion limits?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

Do you need the court's permission, a pre-motion conference or letter, a status report, or advance notice before filing?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

Can you move for SJ before discovery closes?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

When must the motion be filed or heard, and on what briefing schedule?
🏛 E.D. Pa. local rule

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. (p. 18)

Local Civ. R. 7.1(c)

👤 Judge Gallagher — standing order

“The parties must use the Court's sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.” · Policies and Procedures

“This form is also available on Judge Gallagher's page on the Court's website.” · Policies and Procedures

“The Court will issue a Rule 16 Scheduling Order following the conference.” · Policies and Procedures

“Deadline to file motion for summary judgment: ___________________ Estimated trial ready date: ___________________ Estimated Number of Days for Trial: ___________________ Deposition Scheduling” · Joint Rule 26(f) Report

Before filing, must the movant confer with or serve SJ papers on the opponent, and how far ahead?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

What kind of fact statement does the judge want? ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

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

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

“If the respondent disputes a fact, the respondent must explain its basis for disputing the fact and cite evidence in the record supporting the respondent's position.” · Policies and Procedures

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

“All material facts set forth in the statement of undisputed facts will be deemed admitted unless specifically controverted by the opposing party.” · Policies and Procedures

“If a party disputes a fact without citing supporting evidence, the fact will be deemed admitted.” · Policies and Procedures

“A movant's failure to follow the foregoing procedures for dispositive motions in all respects will result in a denial of the motion.” · Policies and Procedures

“Respondent's failure to comply with these procedures in all respects will result in the Court's considering the motion uncontested.” · Policies and Procedures

Is there a cap on the fact statement (and the response)?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

How must the fact statement and responses be laid out?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

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

“Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record which support each of the statements.” · Policies and Procedures

“Each stated fact and each statement that a material fact is disputed shall cite to the source relied upon, including the title, page and line of the document supporting the statement.” · Policies and Procedures

How do you raise evidentiary objections to the other side's SJ evidence?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

How must SJ evidence be assembled? ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

“The movant shall file an appendix containing all the evidence to which the movant refers in its motion.” · Policies and Procedures

“The respondent shall file a supplemental appendix containing any additional evidence to which the respondent refers in its response.” · Policies and Procedures

“Insofar as practicable, a movant shall file its appendix in the same ECF entry in which the movant files its motion or response.” · Policies and Procedures

“When more than one party intends to move for summary judgment at the same time, the parties shall submit a joint appendix containing all the exhibits that will be referenced in any party's motion.” · Policies and Procedures

“When more than one party intends to respond, the parties shall submit a supplemental joint appendix containing all the exhibits that will be referenced in any party's response.” · Policies and Procedures

“When the parties are relying on a joint appendix, the parties shall file the joint appendix in its own ECF entry separate from the ECF entry in which any party has filed its motion or response.” · Policies and Procedures

“The joint appendix shall be filed on the same day the first motion for summary judgment is docketed.” · Policies and Procedures

“The parties shall "bates stamp" their appendices.” · Policies and Procedures

“All references to the appendix made in the motions and responses shall identify the bates number of the referenced page.” · Policies and Procedures

“Judge Gallagher will not consider any evidence not included in a timely filed and appropriately formatted appendix.” · Policies and Procedures

Do you file full deposition transcripts or only the cited excerpts?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

“Deposition testimony and other transcripts shall be submitted to the Court as full-sized pages, not manuscripts.” · Policies and Procedures

“In addition, parties submitting deposition transcripts should provide a cover page identifying the witness and relevant pages from the transcripts.” · Policies and Procedures

“Parties should not submit the entire transcript unless the entire transcript is relevant to the issue before the Court.” · Policies and Procedures

“The Court will request the entire transcript if it deems it necessary.” · Policies and Procedures

In the brief, do you cite the record, the fact statement, or both? Must the brief carry its own statement of facts?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

If the motion or opposition depends on excluding an expert, how and when must the challenge be raised?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

How are cross-motions handled?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

“When more than one party intends to move for summary judgment at the same time, the parties shall submit a joint appendix containing all the exhibits that will be referenced in any party's motion.” · Policies and Procedures

“When more than one party intends to respond, the parties shall submit a supplemental joint appendix containing all the exhibits that will be referenced in any party's response.” · Policies and Procedures

“When the parties are relying on a joint appendix, the parties shall file the joint appendix in its own ECF entry separate from the ECF entry in which any party has filed its motion or response.” · Policies and Procedures

“The joint appendix shall be filed on the same day the first motion for summary judgment is docketed.” · Policies and Procedures

Will the judge entertain SJ in a non-jury case?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Gallagher — standing order

Nothing posted.

What consequences does the judge's own text state for SJ noncompliance? ⚠
🏛 E.D. Pa. local 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. (p. 18)

Local Civ. R. 7.1(c)

👤 Judge Gallagher — standing order

“All material facts set forth in the statement of undisputed facts will be deemed admitted unless specifically controverted by the opposing party.” · Policies and Procedures

“If a party disputes a fact without citing supporting evidence, the fact will be deemed admitted.” · Policies and Procedures

“Judge Gallagher will not consider any evidence not included in a timely filed and appropriately formatted appendix.” · Policies and Procedures

“A movant's failure to follow the foregoing procedures for dispositive motions in all respects will result in a denial of the motion.” · Policies and Procedures

“Respondent's failure to comply with these procedures in all respects will result in the Court's considering the motion uncontested.” · Policies and Procedures

Pro Hac Vice
What does PHV admission cost, who pays it, and is it ever waived? ⚠
🏛 E.D. Pa. local rule

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. (p. 56)

Standing Order (Feb. 13, 2023); LCvR 83.5.2(b); form

👤 Judge Gallagher — standing order

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

Must PHV counsel associate with local counsel (a member of this court's bar), and who qualifies?
🏛 E.D. Pa. local rule

(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. (p. 56)

LCvR 83.5.2(a)

👤 Judge Gallagher — standing order

Nothing posted.

Who files the PHV motion or application: the applicant, or local or sponsoring counsel?
🏛 E.D. Pa. local rule

(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. (p. 56)

LCvR 83.5.2(b)

👤 Judge Gallagher — standing order

“To be admitted pro hac vice, associate counsel of record should submit a written motion for admission.” · Policies and Procedures

What proof of good standing is required (a certificate or a sworn statement), from which bars, and how recent?
🏛 E.D. Pa. local rule

C. I state that I am at present a member of the aforesaid bar(s) in good standing, and that I will demean myself as an attorney of this court uprightly and according to law, and that I will support and defend the Constitution of the United States. (p. 2)

The undersigned member of the bar of the United States District Court for the Eastern District of Pennsylvania hereby moves for the admission of _______________________________________________ to practice in said court pursuant to Local Rule of Civil Procedure 83.5.2(b), and certify that I know (or after reasonable inquiry believe) that the applicant is a member in good standing of the above-referenced state and federal court(s) and that the applicant's private and personal character is good. (p. 3)

Court form

👤 Judge Gallagher — standing order

Nothing posted.

What must the PHV motion or application contain, and must (or may not) a particular form be used?
🏛 E.D. Pa. local rule

(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. (p. 56)

LCvR 83.5.2(b); court form

👤 Judge Gallagher — standing order

Nothing posted.

By when must the PHV motion be filed or granted: before a filing, before a conference, or at the first appearance? Is an oral motion allowed?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

Nothing posted.

Must PHV counsel register for ECF (or is it barred), and by when?
🏛 E.D. Pa. local rule

________________ is DIRECTED to request ECF filing access using their PACER Account1. (p. 1)

Court form (proposed order)

👤 Judge Gallagher — standing order

“Judge Gallagher requires all attorneys to use Electronic Case Filing (ECF).” · Policies and Procedures

“Attorneys appearing before Judge Gallagher are required to register as ECF Filing Users in accordance with Local Rule of Civil Procedure 5.1.2.” · Policies and Procedures

“Pro se parties are not required to use ECF.” · Policies and Procedures

What must local counsel do once PHV counsel is in the case (attend conferences or hearings, sign filings, know the case, accept service, answer for PHV counsel)?
🏛 E.D. Pa. local rule

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. (p. 56)

(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. (p. 56)

LCvR 83.5.2(a)-(b)

👤 Judge Gallagher — standing order

“The admission of out-of-the-jurisdiction counsel pro hac vice does not relieve associate counsel of responsibility for the matter before the Court.” · Policies and Procedures

Must the PHV motion state the other parties' position or consent, or confer with them first? When may the other side oppose?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

Nothing posted.

What consequences does the judge's own text state for PHV problems (revocation of PHV status, denial, a duty to bring in local counsel)? ⚠
🏛 E.D. Pa. local rule

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. (p. 56)

LCvR 83.5.2(b)

👤 Judge Gallagher — standing order

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

Are attorneys who live, work, or are barred in this state excluded from PHV and sent to full admission?
🏛 E.D. Pa. local rule

I, _________________________________________ the undersigned, am an attorney who is not currently admitted to either the bar of this court or the bar of the Supreme Court of Pennsylvania, and I hereby apply for admission to practice in this court pursuant to Local Rule of Civil Procedure 83.5.2(b) to represent ________________________. (p. 2)

Standing Order (Feb. 13, 2023); court form

👤 Judge Gallagher — standing order

Nothing posted.

Is there a cap on how often an attorney may appear PHV, or a required disclosure of past PHV applications?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Gallagher — standing order

Nothing posted.

Do government attorneys need PHV admission, and are they exempt from the fee or local counsel?
🏛 E.D. Pa. local rule

(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. (p. 53)

LCvR 83.5(e); 83.5.2(a)

👤 Judge Gallagher — standing order

Nothing posted.

Other procedures for Judge Gallagher
Before You File
Contacting chambers
👤 Judge Gallagher — standing order

Counsel or pro se parties may correspond with the Court by letter, email or telephone concerning routine scheduling and administrative matters. The Court expects counsel and pro se parties to copy opposing counsel or pro se parties on their written communications with the Court. All communications with the Court should be directed to the deputy clerk or chambers. Counsel should not communicate with the law clerks unless directly contacted by a law clerk or instructed by the Court to do so. Law clerks may not render advice to counsel and have no authority to grant continuances or to give advice on substantive or procedural matters.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 E.D. Pa. local rule
Opposition

Silent on page limits for opposition briefs. E.D. Pa. L.R. 7.1 (silent) ↗

Reply

Silent on page limits for reply briefs. E.D. Pa. L.R. 7.1 (silent) ↗

👤 Judge Gallagher — standing order
Opposition

Opening briefs filed in support of and in opposition to a motion should be limited to twenty pages. This includes the table of contents and any attachments or addenda.

Reply

Replies and sur-replies are not permitted unless leave to file them is granted upon motion of a party. Such briefs should be attached to a motion for leave as an exhibit, must be concise and address only new issues raised by opposing counsel. The Court discourages any replies or sur-replies that repeat or rehash previous arguments. Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing. Replies and sur-replies, where granted, must be limited to ten and seven pages, respectively.

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Gallagher — standing order
Standing order

Do not send copies—physical or digital—of filings to chambers. If the Court desires a courtesy copy of any particular filing, the Court will reach out and request one specifically.

Details

Do not send copies--physical or digital--of filings to chambers. If the Court desires a courtesy copy of any particular filing, the Court will reach out and request one specifically.

Proposed orders
🏛 E.D. Pa. local rule

(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. E.D. Pa. L.R. 7.1(a) ↗

👤 Judge Gallagher — standing order

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

Filing under seal
👤 Judge Gallagher — standing order

Except in emergency situations, no documents may be filed under seal without first obtaining leave. All motions for leave to file documents under seal should be filed on the public docket. In recognition of the common law right of public access to judicial records, a motion for leave to file under seal must articulate, clearly and specifically, why the moving party's "interest in secrecy" outweighs the "presumptive right of public access." In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019). The motion--and the proposed order attached to the motion--must identify "clearly defined and serious injur[ies]" the movant will suffer if the materials are not kept under seal. Even when the Court grants a motion for leave to file under seal, the Court will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable. The Court will not approve a protective order containing language that gives the parties discretion to file materials under seal without the Court's prior and specific approval.

More from Judge Gallagher’s procedures
👤 Judge Gallagher — standing order
Summary judgment procedure

When filing a motion for summary judgment, all parties must comply with the following requirements in addition to the requirements of Federal Rule Civil Procedure 56: Statements of Material Facts a. The movant shall file, in support of the motion for summary judgment, a separate "statement of undisputed facts" that set forth, in numbered paragraphs, all material facts the movant contends are undisputed. b. The respondent shall file, in opposition to the motion for summary judgment, a separate "statement of disputed facts" responding to the numbered paragraphs set forth in the movant's statement of undisputed facts. c. All material facts set forth in the statement of undisputed facts will be deemed admitted unless specifically controverted by the opposing party. d. Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record which support each of the statements. Appendices a. The movant shall file an appendix containing all the evidence to which the movant refers in its motion. The respondent shall file a supplemental appendix containing any additional evidence to which the respondent refers in its response. e. The parties shall "bates stamp" their appendices. All references to the appendix made in the motions and responses shall identify the bates number of the referenced page. f. Judge Gallagher will not consider any evidence not included in a timely filed and appropriately formatted appendix. A movant's failure to follow the foregoing procedures for dispositive motions in all respects will result in a denial of the motion. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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