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

Hon. Elizabeth L. Toplin

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

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

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

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 Toplin — standing order
Opposition

Memoranda must not exceed twenty-five (25) pages in length (excluding table of contents and appendices), must be double spaced and must use 12-point font. Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.

Reply

Judge Toplin will permit reply briefs not to exceed fifteen (15) pages. Judge Toplin will not normally permit sur-reply briefs; counsel desiring to file a sur- reply must first seek permission of the Court by letter brief, before such a brief will be accepted.

Filing & Scheduling
Briefing schedule & hearing date
🏛 E.D. Pa. local rule
Notice period

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. E.D. Pa. L.R. 7.1(c) ↗

Hearing days

Silent on motion hearing dates. E.D. Pa. L.R. 7.1 (silent) ↗

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) ↗

Filing under seal
👤 Judge Toplin — standing order

Judge Toplin will approve confidentiality or sealing orders consistent with applicable legal standards. See, In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662 (3d Cir. 2019).

The Hearing
Oral argument
🏛 E.D. Pa. local rule

(f) Any interested party may request oral argument on a motion. The court may dispose of a motion without oral argument. E.D. Pa. L.R. 7.1(f) ↗

👤 Judge Toplin — standing order
Default practice

Judge Toplin will schedule oral argument on motions if it appears likely that such argument would be helpful to the Court’s resolution of the matter. Counsel may request oral argument if considered appropriate.

Continuances & calendar conflicts
👤 Judge Toplin — standing order

Counsel will have substantial input in the setting of dates in the Rule 16 Order; Judge Toplin expects counsel to comply with the dates set out in that Order. Extensions will be entertained upon a good cause showing that the progress of the case circumstances has been hampered by circumstances beyond the reasonable expectation of counsel. Should such circumstances arise, Judge Toplin requires a letter brief requesting an extension. Settlement conferences are scheduled by order of the Court and are not discretionary. Counsel and participants should make all efforts to be available for this conference. Due to the large number of cases scheduled for settlement conferences, any need to reschedule the conference could cause a delay of that conference for several weeks. For this reason, any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference. Continuance requests will only be granted for the most compelling reasons.

Discovery
Discovery referral procedure
🏛 E.D. Pa. local rule

II. Assignment of Matters to Magistrate Judges in Civil Matters. In General. In accordance with procedures adopted by the Board of Judges, each district judge shall have an assigned magistrate judge. Matters shall be referred to magistrate judges at the direction of the district judge to whom the case is assigned. E.D. Pa. L.R. 72.1(II) ↗

Discovery dispute procedure
👤 Judge Toplin — standing order

Judge Toplin expects the parties to resolve discovery disputes without Court intervention. Should counsel be unable, in good faith, to resolve their dispute, Judge Toplin permits contact with the Court through her courtroom deputy to set up telephone or chambers conferences to resolve outstanding issues. The use of motion practice in discovery matters is discouraged.

Know Before You Go
👤 Judge Toplin — deviations that burn people
  • Judge Toplin expects the parties to resolve discovery disputes without Court
  • intervention. Should counsel be unable, in good faith, to resolve their dispute,
  • Judge Toplin permits contact with the Court through her courtroom deputy to set
  • up telephone or chambers conferences to resolve outstanding issues. The use of
  • motion practice in discovery matters is discouraged.
  • Judge Toplin will permit reply briefs not to exceed fifteen (15) pages. Judge
  • Toplin will not normally permit sur-reply briefs; counsel desiring to file a sur-
  • reply must first seek permission of the Court by letter brief, before such a brief
  • will be accepted.
  • Memoranda must not exceed twenty-five (25) pages in length (excluding table of
  • contents and appendices), must be double spaced and must use 12-point font.
  • Memoranda over fifteen (15) pages in length must include a table of contents and
  • table of authorities.
  • made within fourteen (14) days of receipt of the notice scheduling the conference.
  • Continuance requests will only be granted for the most compelling reasons.
  • Judge Toplin will not normally permit more than one attorney for the party to
  • examine the same witness.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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