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

Hon. Karen Spencer Marston

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

Know Before You Go
👤 Judge Marston — deviations that burn people
  • 1. Law clerk contact is expressly prohibited: all communications must go through Courtroom Deputies or Chambers; any direct contact with law clerks violates the standing order.
  • 2. 12(b)(6) pre-motion conference required: counsel must confer at least 7 days before filing and include a certification; letters/emails do not satisfy the obligation; the motion will be denied if requirements are not met.
  • 3. MSJ requires Word version exchange: the movant must provide a Word version of the SUMF to respondent so respondent can respond in-line; failure to share the Word version breaks the SUMF-response process.
  • 4. Courtesy copy trigger is 5+ exhibits OR 50+ pages of exhibits: the 50-page threshold is unusual -- parties with just a few large exhibits can hit it unexpectedly. Copies go as hard copy plus thumb drive.
  • 5. AI recording ban: counsel and parties are prohibited from recording any telephone conference or proceeding, including via any artificial intelligence tool, per marpol.pdf § I.B (Telephone Conferences) -- this is a standing-order provision, not a Rule 26(f) form requirement.
Get updates when Judge Marston'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 Marston — standing order

“Judge Marston may hold telephone conferences to resolve scheduling matters, time extensions, or discovery disputes.” · Policies and Procedures

“In most cases, the Court expects to rule promptly on discovery motions and often decides such motions during the telephone conference.” · 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 Marston — standing order

“Judge Marston urges parties to settle discovery disputes among themselves.” · Policies and Procedures

“However, if the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order and short brief, not to exceed five (5) pages (not including exhibits), describing the dispute.” · 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

“It is not sufficient to report that opposing counsel was not available or that the parties made "reasonable efforts."” · 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 Marston — standing order

“In filing a discovery motion, the certificate of counsel must provide specific details of 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

“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

“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 Marston — standing order

Nothing posted.

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 Marston — standing order

“However, if the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order and short brief, not to exceed five (5) pages (not including exhibits), describing the dispute.” · Policies and Procedures

“All discovery motions must attach the discovery requests at issue, as well as the written response.” · 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 Marston — standing order

“Except as set forth here, motion practice will be conducted in accordance with Local Rule 7.1.” · Policies and Procedures

“However, if the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order and short brief, not to exceed five (5) pages (not including exhibits), describing the dispute.” · Policies and Procedures

“The Court will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.” · 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 Marston — standing order

“Reply and sur-reply briefs are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue or point of law not anticipated in or otherwise discussed in the initial briefs.” · Policies and Procedures

“Reply and sur-reply briefs may be filed without leave of Court.” · Policies and Procedures

“They must be filed and served within seven (7) days of service of the brief to which the reply or sur-reply responds unless the Court sets a different schedule.” · Policies and Procedures

“Replies and sur-replies must be limited to ten (10) and seven (7) 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 Marston — 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 Marston — standing order

“Judge Marston may hold telephone conferences to resolve scheduling matters, time extensions, or discovery disputes.” · Policies and Procedures

“In a civil case, counsel for the moving party will be responsible for initiating the telephone conference and contacting Judge Marston through her Deputy Clerk (via Chambers line 267-299-7370) after all parties are present on the call.” · Policies and Procedures

“The Court will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.” · Policies and Procedures

“In most cases, the Court expects to rule promptly on discovery motions and often decides such motions during the telephone conference.” · 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 Marston — standing order

“Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive matters.” · Policies and Procedures

“Counsel should call Chambers for any issues that arise during depositions.” · 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

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 Marston — standing order

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

“The Parties and their counsel further acknowledge by signing below that Judge Marston will strike pleadings and other submissions that do not comply with her Policies and Procedures.” · Joint Rule 26(f) Report

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 Marston — standing order

“Judge Marston does not reserve certain days or times for oral arguments or evidentiary hearings.” · Policies and Procedures

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 Marston — standing order

“Judge Marston does not reserve certain days or times for oral arguments or evidentiary hearings.” · Policies and Procedures

“Judge Marston generally schedules oral argument on dispositive motions and as otherwise necessary.” · Policies and Procedures

“If the Court determines that oral argument will be helpful in deciding a matter, Judge Marston will schedule it, particularly when it involves a dispositive motion.” · 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 Marston — standing order

“Judge Marston generally schedules oral argument on dispositive motions and as otherwise necessary.” · Policies and Procedures

“If the Court determines that oral argument will be helpful in deciding a matter, Judge Marston will schedule it, particularly when it involves a dispositive motion.” · Policies and Procedures

“The Court is likely to hear oral argument on dispositive motions, or if either party requests oral argument.” · 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 Marston — standing order

“A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading.” · 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 Marston — 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 Marston — standing order

“The Court expects lead trial counsel to attend the conference in person.” · Policies and Procedures

“If lead counsel is unable to attend for a compelling reason, the Court will reschedule the conference.” · 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 Marston — standing order

Nothing posted.

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 Marston — standing order

“Counsel should advise the Court immediately of any compelling reason justifying an extension or continuance of any scheduled date.” · Policies and Procedures

“Such a request may be made by letter, describing in detail the basis for the request, noting the agreement or disagreement of all other counsel and setting forth the period of delay requested.” · Policies and Procedures

“Any such request for an extension or continuance must be made at least seven (7) days before the applicable deadline or include a showing of good cause as to why the party making the request could not comply with that requirement.” · Policies and Procedures

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 Marston — standing order

“Counsel and parties are prohibited from recording any conferences or proceedings, including via any artificial intelligence tool.” · Policies and Procedures

“All counsel and parties are reminded that recording any conference or proceeding is prohibited.” · Joint Rule 26(f) Report

“This includes any AI-transcription services.” · Joint Rule 26(f) Report

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 Marston — 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 Marston — 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 Marston — 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 Marston — 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 Marston — 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 Marston — standing order

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

“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

“Deadline to file motion for summary judgment: ___________________” · 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 Marston — 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 Marston — standing order

“A motion for summary judgment, pursuant to Fed. R. Civ. P. 56, must follow the below procedures:” · Policies and Procedures

“a. The movant shall file a Statement of Undisputed Facts which sets forth, in numbered paragraphs, each material fact which the movant contends is undisputed and provide a Word version of this document to respondent;” · Policies and Procedures

“b. Using the Word version of the movant's Statement of Undisputed Facts, the respondent shall respond to each numbered paragraph in line.” · Policies and Procedures

“The respondent shall also set forth, in separate numbered paragraphs, each additional fact which the respondent contends precludes summary judgment and share a word version with the movant and the movant shall respond thereto following the same procedure outlined herein;” · 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 Marston — 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 Marston — standing order

“a. The movant shall file a Statement of Undisputed Facts which sets forth, in numbered paragraphs, each material fact which the movant contends is undisputed and provide a Word version of this document to respondent;” · Policies and Procedures

“b. Using the Word version of the movant's Statement of Undisputed Facts, the respondent shall respond to each numbered paragraph in line.” · Policies and Procedures

“The respondent shall also set forth, in separate numbered paragraphs, each additional fact which the respondent contends precludes summary judgment and share a word version with the movant and the movant shall respond thereto following the same procedure outlined herein;” · Policies and Procedures

“d. Statements of undisputed 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 statement.” · Policies and Procedures

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

“Parties are encouraged to refer to prior paragraphs rather than repeat the allegations contained therein;” · 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 Marston — 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 Marston — standing order

“e. Each exhibit should be filed as a separate attachment to the Statement of Undisputed Facts.” · Policies and Procedures

“A Table of Contents must be included with any set of exhibits submitted in support of or in opposition to a motion for summary judgment; and” · Policies and Procedures

“f. All PDF documents filed must be text searchable.” · 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 Marston — standing order

Nothing posted.

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 Marston — 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 Marston — standing order

“If the 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, the party must raise such argument in a contemporaneous Daubert motion.” · Policies and Procedures

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

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

👤 Judge Marston — standing order

Nothing posted.

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 Marston — 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 Marston — standing order

“c. All material facts set forth in the Statement of Undisputed Facts served by the movant or in the Additional Statement of Undisputed Facts served by the respondent shall be deemed undisputed unless specifically controverted by the opposing party;” · 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 Marston — standing order

Nothing posted.

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 Marston — 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 Marston — standing order

“Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance had been entered in the case in which the motion is made; (3) describing the reasons the client requires this motion and (4) reciting the positions of all counsel regarding the motion.” · 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 Marston — standing order

“The Motion must be accompanied by the affidavit of each attorney seeking pro hac vice admission swearing:” · Policies and Procedures

“a. Year and jurisdiction of each bar admission;” · Policies and Procedures

“b. Status of the attorney's admission(s) i.e., active or inactive, in good standing, etc.;” · Policies and Procedures

“c. Whether the attorney has ever been suspended from the practice of law in any jurisdiction or received any public reprimand by the highest disciplinary authority of any bar in which the attorney has been a member;” · Policies and Procedures

“d. The affiant/declarant (a) has in fact read the most recent edition of the Pennsylvania Rules of Professional Conduct and the Local Rules of this Court and (b) agrees to be bound by both sets of Rules for the duration of the case for which pro hac vice admission is sought; and” · Policies and Procedures

“e. That, if granted pro hac vice status, the affiant/declarant will in good faith continue to advise counsel who has moved for the pro hac vice admission of the current status of the case for which pro hac vice status has been granted and of all material developments therein.” · Policies and Procedures

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 Marston — standing order

“Judge Marston does not accept the standard form made available from the Clerk of Court.” · Policies and Procedures

“Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance had been entered in the case in which the motion is made; (3) describing the reasons the client requires this motion and (4) reciting the positions of all counsel regarding the motion.” · Policies and Procedures

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 Marston — standing order

“Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance had been entered in the case in which the motion is made; (3) describing the reasons the client requires this motion and (4) reciting the positions of all counsel regarding the motion.” · Policies and Procedures

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 Marston — standing order

“The Court expects all counsel (including pro se Plaintiffs or Defendants) to be registered on the ECF system for the District Court of the Eastern District of Pennsylvania.” · Policies and Procedures

“All official filings submitted to the Clerk of Court must be filed directly by the filing attorney onto ECF.” · Policies and Procedures

“The Court's orders, opinions, and other docketed materials will be filed onto ECF and notice of the filing will be communicated to counsel either by ECF or ordinary first-class mail.” · Policies and Procedures

“Requests to be excused from ECF registration must be made in writing directly to Judge Marston.” · 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 Marston — standing order

“The admission of counsel pro hac vice does not relieve associate local counsel, or the attorney moving the admission of responsibility for counsel admitted pro hac vice.” · 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 Marston — standing order

“Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance had been entered in the case in which the motion is made; (3) describing the reasons the client requires this motion and (4) reciting the positions of all counsel regarding the motion.” · Policies and Procedures

“If any counsel opposes the motion, they must file their opposition papers within three (3) business days of the motion's filing.” · Policies and Procedures

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 Marston — standing order

Nothing posted.

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 Marston — 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 Marston — 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 Marston — standing order

Nothing posted.

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

Counsel and pro se parties should direct communications concerning administrative or procedural matters to Courtroom Deputies or Chambers. Direct communications with law clerks is prohibited. Letters may be submitted to the Court via e-mail, but such communications should be limited to routine matters for which no opposition is anticipated or required. Responsive letters should only be submitted at the Court's request. Counsel shall not send copies of correspondence among and between counsel to the Court. Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive 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 Marston — standing order
Opposition

Opening briefs in support of and in opposition to a motion shall not exceed twenty-five (25) double-spaced pages. Replies and sur-replies must be limited to ten (10) and seven (7) pages, respectively. Any request to exceed an applicable page limit must be made at least four (4) days before the filing is due and may be made through a letter e-mailed to Chambers. Counsel making such a request should confer with opposing counsel and set forth opposing counsel's position in the letter.

Reply

Reply and sur-reply briefs are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue or point of law not anticipated in or otherwise discussed in the initial briefs. Reply and sur-reply briefs may be filed without leave of Court. They must be filed and served within seven (7) days of service of the brief to which the reply or sur-reply responds unless the Court sets a different schedule. Reply and sur-reply submissions should not contain a repeat recitation of the facts of the case. The Court will not necessarily delay its decision while awaiting a reply or sur-reply brief.

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Marston — standing order
Details

The Court generally does not require courtesy copies, with the following two exceptions. First, for any filings made under seal, the filing party shall send a courtesy copy via e-mail to Chambers the same day as the filing. Second, for any motions with more than five (5) or more than fifty (50) pages of exhibits, the parties shall provide the Court with a courtesy copy of the exhibits within two (2) days of filing. Courtesy copies should be submitted as a hard copy and on a thumb drive.

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 Marston — standing order

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

Filing under seal
👤 Judge Marston — standing order

The Court will only grant motions to seal upon good cause shown. When submitting a proposed order for the Court's approval, the order must contain the following language: "The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice."

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

A motion for summary judgment, pursuant to Fed. R. Civ. P. 56, must follow the below procedures: a. The movant shall file a Statement of Undisputed Facts which sets forth, in numbered paragraphs, each material fact which the movant contends is undisputed and provide a Word version of this document to respondent; b. Using the Word version of the movant's Statement of Undisputed Facts, the respondent shall respond to each numbered paragraph in line. The respondent shall also set forth, in separate numbered paragraphs, each additional fact which the respondent contends precludes summary judgment and share a word version with the movant and the movant shall respond thereto following the same procedure outlined herein; c. All material facts set forth in the Statement of Undisputed Facts served by the movant or in the Additional Statement of Undisputed Facts served by the respondent shall be deemed undisputed unless specifically controverted by the opposing party; d. Statements of undisputed 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 statement. Each stated fact shall cite the source relied upon, including the title, page and line of the document supporting each statement. Parties are encouraged to refer to prior paragraphs rather than repeat the allegations contained therein; e. Each exhibit should be filed as a separate attachment to the Statement of Undisputed Facts. A Table of Contents must be included with any set of exhibits submitted in support of or in opposition to a motion for summary judgment; and f. All PDF documents filed must be text searchable. If the 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, the party must raise such argument in a contemporaneous Daubert motion. Source ↗

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