judge console · E.D. Pa.
E.D. Pa. · Judge Schmehl · Practice Guide

Hon. Jeffrey L. Schmehl

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

Before You File
Contacting chambers
👤 Judge Schmehl — standing order

Correspondence with the Court: Law clerks have no authority to grant continuances or to give advice on substantive or procedural matters. Therefore, unless contacted by a law clerk, counsel should not communicate with the law clerk. Telephone inquiries regarding civil and criminal cases should be directed to Brian R. Dixon, Deputy Clerk, at 610-320-5099. Email is preferred for most written correspondence with chambers, and the address is Chambers_of_Judge_Jeffrey_L_Schmehl@paed.uscourts.gov. Faxes are not accepted.

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

Silent on page limits for civil motions. The local rules set no district-wide page limit for motions or supporting briefs. Each judge's individual practices govern; consult the assigned judge's chambers procedures. E.D. Pa. L.R. 7.1 ↗

Opposition

Silent on page limits for opposition briefs. The local rules set no district-wide page limit. Each judge's individual practices govern. E.D. Pa. L.R. 7.1 ↗

Reply

Silent on page limits for reply briefs. The local rules set no district-wide page limit. Each judge's individual practices govern. E.D. Pa. L.R. 7.1 ↗

👤 Judge Schmehl — standing order
Motion

Length and content of briefs or legal memoranda: All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather should include all bases for relief. Any brief or memorandum should be limited to twenty-five pages. If a party requires more than twenty-five pages to explain its position to the court, a motion to exceed the page limit should be filed, setting forth good cause for granting an exception.

Opposition

Any brief or memorandum should be limited to twenty-five pages.

Reply

Reply and Surreply Briefs: Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent's brief in opposition and shall be limited to ten pages. No further briefs may be filed.

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

Response to motion due within 14 days of service E.D. Pa. L.R. 7.1(c) ↗

Hearing days

Calendar control and other matters affecting the conduct of court business shall be governed by written policy statements on file in the Clerk's Office, which may be adopted or modified by the court in the implementation of the local rules (but not in derogation thereof), and also in the implementation of operating agreements that may be in effect between this court and certain other courts concerning conflicting engagements of counsel, recognition of busy-slips, and the like. E.D. Pa. L.R. 40.3 ↗

Chambers / courtesy copies
👤 Judge Schmehl — standing order
Required?

Yes

Details

Courtesy Copies: Courtesy copies shall not be provided to chambers unless the exhibits are voluminous or the case is sealed. Prior to sending courtesy copies, counsel shall contact chambers via email to determine whether courtesy copies are necessary. If advised by chambers that the Court requires courtesy copies, counsel shall mail them to The Gateway Building, 201 Penn Street, 5th floor, Reading, Pennsylvania, 19601.

Proposed orders
🏛 E.D. Pa. local rule

Proposed order required with every motion E.D. Pa. L.R. 7.1(a) ↗

Filing under seal
👤 Judge Schmehl — standing order

Confidentiality Agreements: The court will only approve confidentiality or sealing orders for good cause shown.

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

Oral argument at court's discretion; no automatic right E.D. Pa. L.R. 7.1(f) ↗

👤 Judge Schmehl — standing order
Default practice

Oral Argument on Motions: If the judge believes oral argument will be helpful in deciding a matter, he will schedule it, particularly when it involves a dispositive motion. A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading. The ultimate decision as to the necessity of oral argument rests with the judge, and not all requests for oral argument will be granted.

Continuances & calendar conflicts
👤 Judge Schmehl — standing order

Continuances and Extensions: Unless there is good cause to justify a change, the parties are expected to adhere to the dates contained in scheduling orders. Continuance requests must be put in writing via email only. The parties shall not file motions seeking continuances of deadlines. The court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension does not affect the discovery cutoff or trial date. All stipulations shall be submitted directly to chambers via email and shall contain a signature and date line for Judge Schmehl to approve the stipulation. If a continuance or extension will affect the discovery cutoff or trial date, counsel should make a written request via email which sets forth the basis for the continuance or extension and indicates whether the other party or parties agree to or oppose the request.

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

Discovery disputes referred to assigned magistrate judge E.D. Pa. L.R. 72.1 ↗

Discovery dispute procedure
👤 Judge Schmehl — standing order

Discovery Conferences and Dispute Resolution: Counsel for all parties are strongly encouraged to resolve discovery disputes by themselves. In the event that a discovery dispute requires court intervention, the party contemplating a motion shall seek a telephone conference with the court before filing any motion. If the telephone conference fails to resolve the discovery dispute, the party seeking relief will be permitted to file an appropriate discovery motion. The motion shall not exceed five pages, shall not contain exhibits, and shall not include a memorandum of law. The responding party may file a response within five days. This response should also be limited to five pages and shall not include exhibits or a brief or memorandum of law. Judge Schmehl permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.

Know Before You Go
👤 Judge Schmehl — deviations that burn people
  • 1. No law clerk contact without being contacted first: Clerks have no authority to grant continuances or give procedural advice; all inquiries go to Deputy Clerk Brian R. Dixon (610-320-5099); faxes not accepted.
  • 2. Courtesy copies only on request: Do NOT send courtesy copies unless chambers advises they are needed -- contact chambers by email first.
  • 3. MTD must consolidate all bases in one motion: Do not file separate motions per count -- all grounds for relief must appear in a single comprehensive motion or the court may reject it.
  • 4. MSJ requires joint stipulation of agreed facts: Parties must file a joint stipulation of undisputed facts (no tracked changes); extensive factual disputes may lead to denial.
  • 5. Discovery MTC must seek telephone conference first: File the motion only after a telephone conference has failed; motion limited to 5 pages with no exhibits or memorandum of law.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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