Judge Joshua D. Wolson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Documents to Be Filed Under Seal
Motion with More Than Five Exhibits
Adjournments
- A request to reschedule the conference must be made as early as possible and based on a pre-existing commitment; the conference will be rescheduled if lead trial counsel cannot attend.
- Judge Wolson will grant continuances of trial dates and other scheduled court events only in extreme circumstances.
- Other requests for extensions will be considered on an appropriate showing of good cause.
- +6 more
Request must include
- Any request for an extension or continuance must be made at least seven (7) days before the applicable
Communication
Chambers
Page & Word Limits2 rules
Opening briefs in support of and in opposition to a motion shall not exceed 25 pages, unless counsel includes a certification that the brief contains no more than 8,750 words. Replies shall not exceed 10 pages or 3,500 words, and sur-replies shall not exceed seven pages or 2,450 words.
with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.
Excluded from the limit
- •Exhibits
Document Format Requirements20 rules
Each exhibit submitted via ECF must have a descriptive name that identifies it; “Exhibit A” alone is insufficient.
Court's wording
In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document. Thus, it is not sufficient to label a file “Exhibit A.” Instead, the name should be “Contract,” “Declaration of John Smith,” or some other reference that permits Judge Wolson to identify what the exhibit is without having to open the file.
Exhibits must be text searchable, and scanned exhibits must be processed with OCR or comparable technology.
Court's wording
All exhibits must be text searchable. To the extent that a document is scanned, as opposed to converted from Word or another format, the party submitting the document must use optical character recognition (OCR) or other comparable technology to ensure the exhibit’s searchability.
Each submission should use the e-filed version that has the CM/ECF system’s header at the top of the page. Each document must either (a) be a separate file, with a file name that is consistent with the descriptive name that the document has on the CM/ECF system or (b) include a coversheet that identifies the corresponding entry on the CM/ECF system.
The parties must use Judge Wolson’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.
All written submissions to Judge Wolson must be double-spaced, in at least 12-point font with at least one-inch margins. A party may use any proportionally spaced font. All footnotes shall appear in the same font and font size as the body of the submission.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Written submission
Counsel must file text-searchable versions of their briefs on the CM/ECF system.
- Brief
Formatting
- •The filed brief must be text-searchable
The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will he deem those arguments preserved.
Counsel must post searchable versions of their briefs to the CM/ECF system.
All footnotes shall appear in the same font and font size as the body of the submission.
The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will it deem those arguments preserved.
All written submissions to Judge Wolson must be double-spaced, in at least 12-point font with at least one-inch margins. A party may use any proportionally spaced font.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Each point for charge and proposed jury interrogatory shall be numbered and on a separate sheet of paper.
Parties should not submit pleadings from the case before Judge Wolson, including a complaint with a motion to dismiss.
Court's wording
Parties should not submit pleadings from the case before Judge Wolson. For example, there is no need to attach a copy of a complaint to a Motion to Dismiss. Judge Wolson can retrieve those documents from the CM/ECF system.
Nor should parties submit pleadings from other federal cases. It is enough to cite the pleading by court, case number, and docket number. Judge Wolson will retrieve the pleading from the CM/ECF system.
Parties should submit deposition testimony and other transcripts to Judge Wolson as full-sized pages, not miniscripts.
When submitting exhibits via ECF, parties should file each exhibit as a separate CM/ECF document; a single document marked “Exhibits” will be struck.
- Exhibits
Formatting
- •A filing consisting of a single document marked “Exhibits” will be struck
Court's wording
When submitting exhibits via ECF, parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If Judge Wolson receives a filing with a single document marked “Exhibits,” he will strike the filing.
Counsel seeking admission pro hac vice should use the form available on the Eastern District of Pennsylvania’s website.
Parties should submit stipulations and proposed Orders as Word documents.
- Stipulation
- Proposed order
Formatting
- •Submit as Word documents
Counsel should file replies and sur-replies only when necessary. Such briefs must be concise and address only new issues raised by opposing counsel. Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.
- Reply
- sur-reply
Formatting
- •Replies and sur-replies that repeat or rehash previous arguments are discouraged
In all written submissions to Judge Wolson, citations to documents on the docket, e.g., “Amended Complaint,” should identify those documents by ECF number.
Document Filing Requirements58 rules
A. Lead Counsel (each Party must designate one lawyer as lead counsel).
Default statements like “Discovery about all claims and defenses” are not acceptable.
To the extent there is disagreement, the Parties shall identify the dispute and their respective positions.
The Parties must summarize the status of discovery to-date.
The Parties and their counsel further acknowledge by signing below that Judge Wolson will strike pleadings and other submissions that do not comply with his Policies and Procedures.
However, if parties rely on pleadings from state or foreign courts that are not readily available on Westlaw or Lexis, they must submit the pleadings as exhibits.
A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.
Any briefs longer than 10 pages must include a table of contents.
- Document
- Brief
Must include
- •Table of contents
A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.
- Document
- Summary judgment motion
Must include
- •Statement of facts
The moving party’s statement of undisputed material facts must use numbered paragraphs and cite supporting exhibits or testimony for each factual assertion.
Court's wording
At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;
The response must address each factual assertion beneath the original paragraph, cite evidence or explain why cited evidence is insufficient or inadmissible, and include any additional facts for the summary judgment briefing.
Court's wording
At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing; and
For cross-motions for summary judgment, each movant may file a separate statement of facts, but the parties must prepare one consolidated set of exhibits.
Court's wording
In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits.
An argument that expert testimony is inadmissible in summary-judgment briefing must be raised in a contemporaneous, separate Daubert motion, not included only in the summary-judgment brief.
Court's wording
If a party’s motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. The argument must be the subject of a separate motion.
The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. The joint set of exhibits must conform with Section I.C. of these Policies And Procedures. These procedures for a joint statement of facts do not apply to cases in which a party is a pro se prisoner.
- Document
- Summary judgment motion
Must include
- •Statement of facts
Parties may not incorporate arguments by reference in a brief; they must include the argument’s substance, and the Court will not consider an argument purportedly incorporated by reference.
Court's wording
Parties may not incorporate by reference arguments from other briefs in the case, including briefs filed by other parties or briefs filed earlier in the case. If a party needs to repeat an argument that was made earlier in the case, then that party must include the substance of the argument in the brief. If a party purports to incorporate an argument by reference, Judge Wolson will not consider the argument.
All motions must contain the certification required under Local Civil Rule 26.1(f).
- Document
- Motion
Must include
- •Local rule certificate
A discovery motion must be filed with a form order and a short brief describing the dispute.
Court's wording
effort, counsel for the aggrieved party shall file with Judge Wolson a motion in conformity with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.
A discovery-motion certificate of counsel must give specific details of informal resolution efforts, including verbal communications; letters, emails, or conclusory statements alone are insufficient, and a noncompliant motion will be denied.
Court's wording
In filing a discovery motion, the certificate of counsel must provide specific details of the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” Judge Wolson will deny a discovery motion that does not meet these requirements.
All discovery motions must attach the discovery requests at issue, as well as the written response.
Any request for a continuance or extension must include the words “request for continuance” or “request for extension,” as appropriate, in the subject line of the email.
Any request for a protective order or approval of a confidentiality agreement must be made by motion. Judge Wolson will not accept stipulated proposed orders in lieu of a motion.
A pretrial memorandum must address all matters required by Local Rule 16.1 and state the party’s position on trial time limits, including a proposed limit if one is imposed.
Court's wording
When a party submits a pretrial memorandum, it must include all matters set forth in Local Rule of Civil Procedure 16.1, as well as its position on whether Judge Wolson should impose time limits on each side’s trial presentation and, if Judge Wolson does impose a time limit, what that limit should be.
If the parties want Judge Wolson to retain jurisdiction to enforce a settlement, they must place the agreement on the docket or include all material terms in a stipulation of dismissal.
In civil bench trials, each party will submit direct expert testimony via affidavit on a schedule that Judge Wolson will set, and only cross-examination of experts (and redirect) will occur live.
A continuance motion must include a Speedy Trial Act-compliant proposed order with a detailed ends-of-justice finding, and a trial-date continuance motion must include a speedy trial waiver.
- Document
- Continuance motion
Must include
- •Proposed order
Court's wording
Any such motion must be accompanied by a proposed order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161. The order shall include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. Any motion for a continuance of a trial date must be accompanied with a speedy trial waiver.
Any briefs longer than ten pages must include a table of contents.
- Document
- Brief
Must include
- •Table of contents
The Government’s pre-trial memorandum must address the offense elements, intended facts and witnesses, the substance of each witness’s testimony, and legal issues.
Court's wording
At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.
If liability for restitution is joint and several, then the Government shall itemize the restitution amount for which each defendant is responsible.
If a defendant is responsible for restitution, then the Government must submit information in its sentencing memorandum to enable Judge Wolson to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount.
If Judge Wolson grants such a request, counsel shall be required to submit in writing a joint status update every 45 days until the sentencing hearing takes place.
Each proposed instruction must be submitted with corresponding legal authority.
party submitting it shall state whether the proposed instruction is unchanged or modified.
If a party modifies a model instruction, then additions and deletions must be noted.
A. Summarize with specificity those issues on which the Parties will need to conduct discovery.
The Parties should consider the discovery that they will need and provide thoughtful answers.
The alleged infringer should indicate whether it has sought, or expects to seek, inter partes review of any of the Patents-In-Suit.
The alleged infringer should provide a brief description of the accused products and the relevant market in which they are sold.
The Parties should provide a brief summary of the Patents-In-Suit, including whether the patents are related, a general description of the technology they claim, and what the patent holder contends is the inventive concept.
Identify categories of information each Party needs in discovery and why.
In addition, the Parties should not default to the limits in the Federal Rules of Civil Procedure when providing the numbers of interrogatories or depositions they expect in the case.
They should provide thoughtful answers based on their actual assessment of the case.
The patent holder should advise where the inventor(s) are located and whether they are under the patent holder’s control for purposes of discovery.
When completing this section, the Parties should make a good faith effort to reach agreement on proposed deadlines.
If nothing has been done in terms of discovery, the Parties should explain why.
To the extent the Parties believe I should depart from the usual timeline, they should explain why such a departure is necessary.
The Parties should report whether they agreed to a different ESI protocol, submit any agreed stipulation before the Rule 16 conference, or identify unresolved issues.
Court's wording
In addition, the Parties should state whether they have agreed to an ESI protocol other than the District of Delaware’s Default Standard For Discovery, Including Discovery Of Electronically Stored Information (the “Default Standard”). If so, the Parties should submit the stipulation to the Court in advance of the Rule 16 conference. If not, the Parties should identify what issues need to be resolved to finalize the stipulation.
The Parties should state whether they anticipate needing a protective order and, if so, explain what information needs protection and why.
Court's wording
The Parties should indicate whether they anticipate the need for a protective order in this case. If so, the Parties must explain what type of information needs protection from disclosure and why such protection is warranted under governing standards.
Parties should summarize their discussion on these issues here.
Filing & Service rules
Electronic Filing Rules
A lawyer admitted pro hac vice must register for CM/ECF within seven days of the order; failure to register results in sua sponte cancellation of the admission.
Any lawyer admitted pro hac vice must register for the Court’s CM/ECF system within seven days of the Order. If a lawyer fails to register, Judge Wolson will sua sponte cancel the pro hac admission.
Page 10 | G. Pro Hac Vice Motions
Counsel must file text-searchable briefs through CM/ECF.
Counsel must file text-searchable versions of their briefs on the CM/ECF system.
Page 13 | B. Motion Practice — 1. Formatting requirements
Counsel must post searchable versions of briefs to CM/ECF.
Counsel must post searchable versions of their briefs to the CM/ECF system.
Page 23 | III. CRIMINAL CASES, A. Motions
Filing Timing and Cure Windows
Rebuttal expert witness testimony must be disclosed 28 days after receipt of opening expert reports.
Disclosure of rebuttal expert 28 days after receipt of witness testimony opening expert reports
Page 5 | V. Proposed Case Management Deadlines
Final validity contentions are due 21 days after receipt of final invalidity contentions.
Final validity contentions 21 days after receipt of final invalidity contentions
Page 5 | V. Proposed Case Management Deadlines
Final invalidity and unenforceability contentions, with any invalidating references, are due 21 days after receipt of final infringement contentions.
Final invalidity and 21 days after receipt of final unenforceability contentions infringement contentions
Page 5 | V. Proposed Case Management Deadlines
Discovery closes 42 days after receipt of rebuttal expert reports.
Close of discovery 42 days after receipt of rebuttal expert reports
Page 5 | V. Proposed Case Management Deadlines
Final infringement contentions are due 21 days after issuance of the claim construction order.
Final infringement 21 days after issuance of contentions claim construction order
Page 5 | V. Proposed Case Management Deadlines
Lay and expert witness testimony must be disclosed 49 days after issuance of the claim construction order.
Disclosure of any lay and 49 days after issuance of expert witness testimony claim construction order
Page 5 | V. Proposed Case Management Deadlines
Dispositive motions 42 days after close of discovery
Dispositive motions 42 days after close of discovery
Page 6 | V. Proposed Case Management Deadlines
The parties are expected to meet and confer as soon as practicable to set aside deposition dates before discovery closes; if they have not done so, the Court will order them to do so within two weeks of the Rule 16 conference.
Judge Wolson expects the Parties to meet and confer as soon as practicable to set aside dates to hold open for depositions before the close of discovery. If the Parties have not already done so, the Court will order the Parties to do so within two weeks of the Rule 16 conference.
Page 6 | VI. Deposition Scheduling
Responses to dispositive motions are due 28 days after submission of the dispositive motions.
Responses to dispositive 28 days after submission of motions dispositive motions
Page 6 | V. Proposed Case Management Deadlines
A pro hac vice lawyer must register for CM/ECF within seven days of the order.
Any lawyer admitted pro hac vice must register for the Court’s CM/ECF system within seven days of the Order.
Page 10 | G. Pro Hac Vice Motions
The joint Rule 26(f) status report is due at least seven days before the Rule 16 conference.
A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.
Page 12 | II. CIVIL CASES — A. Pretrial Procedures
Replies and sur-replies must be filed as soon as practicable and no later than seven days after the previous filing.
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.
Page 14 | B. Motion Practice — 2. Replies and sur-replies
A request to exceed a page limit must be received at least seven days before the filing is due.
Judge Wolson must receive any request to exceed an applicable page limit at least seven days before the filing is due.
Page 14 | B. Motion Practice — 3. Length of briefs
In removed cases, the deadline is extended by seven days when the parties submit a premotion letter.
For cases removed to this Court, the due date is extended by seven days if the parties are submitting a premotion letter.
Page 15 | Rule 12 motions
The Government must submit its guilty plea memorandum at least three business days before the change-of-plea hearing.
The Government must submit a guilty plea memorandum at least three business days prior to a change of plea hearing.
Page 24 | III. CRIMINAL CASES, E. Guilty Plea Memoranda
The Government must file a pre-trial memorandum at least seven days before trial covering the elements, intended facts and witnesses, expected testimony, and legal issues.
At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.
Page 24 | III. CRIMINAL CASES, D. Trial Memoranda
Responses to sentencing motions must be filed at least three days before the scheduled sentencing date.
Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.
Page 25 | F. Sentencing
Each party must file its sentencing memorandum no later than seven days before the scheduled sentencing date.
Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.
Page 25 | F. Sentencing
Sentencing motions, including departure motions, and supporting memoranda must be filed at least seven days before sentencing.
Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.
Page 25 | F. Sentencing
After the Court grants the additional continuance, the joint status update is due every 45 days until the sentencing hearing.
If Judge Wolson grants such a request, counsel shall be required to submit in writing a joint status update every 45 days until the sentencing hearing takes place.
Page 26 | F. Sentencing
If the Parties agreed to a different ESI protocol, they should submit the stipulation to the Court before the Rule 16 conference.
If so, the Parties should submit the stipulation to the Court in advance of the Rule 16 conference.
Page 7 | VII. Electronic Discovery
The Court may treat a failure to respond as a statement that the motion or objection is uncontested.
Judge Wolson reserves the right to treat a failure to respond as a statement that the motion or objection is uncontested.
Page 27 | IV. HABEAS MATTERS
In other habeas matters, the relevant Government agency is expected to respond to motions or objections within 14 days, unless the Court orders an extension.
Instead, Judge Wolson expects the relevant Government agency (whether a County, the Commonwealth, the United States, or otherwise) to respond to motions or objections within 14 days, absent a Court-ordered extension.
Page 27 | IV. HABEAS MATTERS
When Judge Wolson is considering a Report and Recommendation, the Government agency may respond by standing by its prior briefing, the Report and Recommendation, or both.
In cases in which Judge Wolson is considering a Report and Recommendation, the Government agency may respond by saying that it stands by its prior briefing and/or the Report and Recommendation.
Page 27 | IV. HABEAS MATTERS
In 28 U.S.C. § 2255 matters, the Government may respond before Judge Wolson requests a response but is not required to do so.
The Government may, but need not, respond even before Judge Wolson requests a response.
Page 27 | IV. HABEAS MATTERS
Service and Proof of Service Rules
The moving party must serve, but not file, its numbered statement of undisputed material facts at least 28 days before the motion-filing deadline.
At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;
Page 16 | Summary judgment motions
A responding party must serve, but not file, its response to the statement of facts at least 14 days before the motion-filing deadline.
At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing; and
Page 16 | Summary judgment motions
Judge Wolson will not mail orders to pro hac vice lawyers who have not registered for CM/ECF.
Judge Wolson will not mail orders to lawyers admitted pro hac vice who do not register for CM/ECF.
Page 10 | G. Pro Hac Vice Motions
Filing Fees and Waivers
A fee must be submitted with a pro hac vice motion or Judge Wolson will deny it.
Judge Wolson will deny pro hac vice motions for which no fee is submitted.
Page 10 | G. Pro Hac Vice Motions
Courtesy Copy Requirements
A party seeking to file material under seal must file the motion of record and email Judge Wolson courtesy copies of all documents proposed for sealing.
A party seeking leave to file material under seal must file its motion of record and provide Judge Wolson via email with courtesy copies of all documents that the party proposes to file under seal.
Page 7 | D. Sealed And Redacted Documents
Courtesy copies are required for sealed filings and for motions with more than five exhibits.
Judge Wolson only requires courtesy copies in two circumstances: (1) for any filings made under seal; and (2) for any motions with more than five exhibits.
Page 8 | E. Courtesy Copies
Parties may not submit courtesy copies via Dropbox, FTP, or some other source that requires Judge Wolson to download files to the Court’s system. Instead, files should be emailed, even if that requires multiple emails. Parties also should not submit paper courtesy copies.
Parties may not submit courtesy copies via Dropbox, FTP, or some other source that requires Judge Wolson to download files to the Court’s system. Instead, files should be emailed, even if that requires multiple emails. Parties also should not submit paper courtesy copies.
Page 9 | I. GENERAL MATTERS
Parties should email courtesy copies to the stated address and include the case caption, filing title, and ECF number in the subject line.
should submit courtesy copies electronically via email to WolsonCourtesyCopy@paed.uscourts.gov and use the case caption, title of the filing, and ECF number in the subject line.
Page 9 | I. GENERAL MATTERS
Sealing & Redaction Procedures
A party generally must file a motion to seal contemporaneously with sealed material or file an advance motion identifying the specific information; emergencies are excepted.
A party that seeks to file material under seal must file a sealing motion when it files the material that it seeks to seal. Except in emergency situations, a party may not file a document under seal (or redact necessary and/or substantive information) without a contemporaneous motion to seal the specified information (or without a motion filed in advance that identifies specific information to be placed under seal).
Page 7 | D. Sealed And Redacted Documents
Parties must file a redacted version of each sealed document on the public record unless the redactions would make it unreadable.
In recognition of the common law right of public access, Judge Wolson requires parties to file a redacted version of any sealed document on the public record, unless the redactions would be so extensive as to render the document unreadable.
Page 8 | D. Sealed And Redacted Documents
When filing a redacted document, a party must submit or file an unredacted version highlighting the proposed redactions.
When filing a redacted document, a party must submit to Chambers or file on CM/ECF an unredacted version that highlights any portion that the party proposes to redact.
Page 8 | D. Sealed And Redacted Documents
For a sealing motion or submission designating more than 10 individual references, the court will likely refer the motion to a special master and will allocate the special master’s costs case by case.
For any motion or submission in which parties designate more than 10 individual references (that is, separate exhibits or different excerpts of single exhibits) for sealing, Judge Wolson will likely refer the sealing motion to a special master, and Judge Wolson will determine on a case-by-case basis how to split the special master’s costs.
Page 8 | D. Sealed And Redacted Documents
Filing Bundling Requirements
Co-plaintiffs or co-defendants must file joint motions unless their positions clearly conflict; individual-party page limits apply to joint pleadings unless the Court grants leave.
When multiple plaintiffs or defendants appear in a case, they must file joint motions with their co-parties unless there are clear conflicts in their position. The applicable page limits for individual parties shall apply for joint pleadings absent leave of Court.
Page 18 | 6. Briefs from co-plaintiffs or co-defendants
Pre-Motion Conference Requirements
When a party seeks to seal material marked confidential by an opponent, the parties must work together to prepare the information needed to support sealing.
Judge Wolson expects parties to work together when filing motions to seal. That is, if a party seeks to file under seal material that an opponent has marked “confidential,” the parties must work together to prepare the required information (such as affidavits or other material necessary to carry the burden of placing material under seal).
Page 8 | D. Sealed And Redacted Documents
Whenever lawyers are required to meet and confer, they must have a verbal conversation in person, by videoconference, or by phone; written correspondence alone is insufficient.
Any time that lawyers must meet and confer, whether pursuant to a statute, a federal or local rule, these Policies and Procedures, or a Court order, the parties must have a verbal conversation to satisfy the obligation. The conversation can be in person, by videoconference, or by phone. The mere exchange of written correspondence, whether letter, email, or otherwise, does not satisfy the obligation.
Page 9 | F. Meeting And Conferring
For Rule 12 motions, counsel must confer verbally with opposing counsel before the applicable deadline; unresolved disputes require a five-page, single-spaced premotion letter and a conference, except in pro se cases.
Any Party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. For cases filed in this Court, that conversation must happen at least one week before the due date. For cases removed to this Court, a defendant that seeks to file a motion to dismiss must contact opposing counsel within three business days of the case being assigned to Judge Wolson. Counsel must have a substantive verbal discussion, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. If the parties cannot reach agreement, then they must submit to Judge Wolson a letter, via email, that does not exceed five single-spaced pages that sets forth each issue to be raised in the motion and each Party’s substantive position with respect to that issue. The parties must submit the letter to Judge Wolson by the deadline to respond to the Complaint, but in cases removed to this Court, the due date is extended by seven days if the parties are submitting a premotion letter. Judge Wolson will then attempt to resolve the dispute at a premotion conference, likely by phone or videoconference. If Judge Wolson cannot resolve the dispute at that conference, or if Judge Wolson determines that the conference will not facilitate resolution, then Judge Wolson will set a briefing schedule for the motion. This procedure does not apply in cases in which either party is proceeding pro se. In pro se cases, motions may be filed without premotion letters.
Page 15 | Rule 12 motions
Parties must not respond to a motion for reconsideration unless the Court orders otherwise.
Parties shall not respond to a motion for reconsideration absent a Court Order.
Page 18 | 8. Reconsideration
For a discovery motion, Judge Wolson will schedule a telephone conference with counsel before any responsive brief is filed.
Judge Wolson will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.
Page 19
In a bench trial, a summary judgment motion requires prior leave, sought by a letter to Judge Wolson within seven days after discovery closes explaining the grounds for the request.
Judge Wolson does not permit summary judgment motions in bench trials without prior leave of court. A party that seeks leave to file a summary judgment motion in a bench trial must send Judge Wolson a letter no more than seven days after the close of discovery explaining the grounds on which the party seeks leave to move.
Page 21 | G. Bench Trials
The Court urges parties to resolve discovery disputes among themselves.
Judge Wolson urges the parties to settle discovery disputes among themselves.
Page 18 | C. Discovery Matters; 1. Discovery disputes
Parties should seek reconsideration sparingly.
Parties should seek reconsideration sparingly.
Page 18 | 8. Reconsideration
Adjournment & Extension Requirements
A request to reschedule the conference must be made as early as possible and based on a pre-existing commitment; the conference will be rescheduled if lead trial counsel cannot attend.
If lead trial counsel is unable to attend, then Judge Wolson will reschedule the conference. However, any request to reschedule must be made as early as possible and must be based on a pre-existing commitment.
Page 11 | II. CIVIL CASES — A. Pretrial Procedures
Any request for an extension or continuance must be made at least seven (7) days before the applicable
Any request for an extension or continuance must be made at least seven (7) days before the applicable
Page 20 | D. Extensions
Judge Wolson will grant continuances of trial dates and other scheduled court events only in extreme circumstances.
Judge Wolson is reluctant to grant continuances of trial dates and other scheduled court events and will only do so in extreme circumstances.
Page 20 | D. Extensions
Other requests for extensions will be considered on an appropriate showing of good cause.
Judge Wolson will consider other requests for extensions on an appropriate showing of good cause.
Page 20 | D. Extensions
A party seeking a continuance must file a motion explaining the reasons for the request.
A party seeking a continuance must submit a motion stating the reasons for the request.
Page 23 | III. CRIMINAL CASES, B. Trial Continuances
Continuance requests may not be made by letter.
Judge Wolson does not permit continuance requests by letter.
Page 24 | III. CRIMINAL CASES, B. Trial Continuances
After an initial 90-day sentencing continuance, counsel for both sides may jointly request an additional continuance in writing, and the request must explain why good cause exists.
In the rare event of a 90-day continuance, if counsel for both the Government and the defendant(s) believe that good cause exists for an additional continuance beyond the initial 90-day period, then counsel may jointly request in writing an additional continuance. Any such request must state why good cause exists.
Page 25 | F. Sentencing
Absent extraordinary circumstances, the Court will not consider a sentencing continuance request exceeding 90 days.
Absent extraordinary circumstances, Judge Wolson will not consider any request for a continuance exceeding 90 days.
Page 25 | F. Sentencing
Judge Wolson expects the requesting party’s counsel to confer with opposing counsel and state opposing counsel’s position in the request letter.
Judge Wolson expects counsel for the party requesting an extension to confer with opposing counsel and state opposing counsel’s position in the letter.
Page 20 | D. Extensions
The Court discourages sentencing continuance requests and will grant one only for good cause.
Judge Wolson discourages requests for continuances of sentencing and will continue a sentencing for good cause only.
Page 25 | F. Sentencing
Chambers Communication Rules
Where appropriate, emails to Judge Wolson must use the specified subject-line wording for extension, continuance, proposed-order, stipulation, Rule 26(f), page-limit, deposition-scheduling, and settlement-status communications.
Therefore, to ensure that emails receive prompt attention, where appropriate, emails to Judge Wolson must also use the following verbiage in the subject line: Contents of email Required verbiage Letters seeking extensions “request for extension” Letters seeking continuances “request for continuance” Proposed orders “proposed order” Stipulation “stipulation” Rule 26(f) reports “26(f) report” Letters seeking leave to exceed a “page limits” page limit Letters confirming that the parties “deposition scheduling” have set aside dates for depositions Letters updating Judge Wolson on “settlement status” the status of settlement discussions
Page 5 | I. GENERAL MATTERS — B. Conventions For Emails
Emails to Judge Wolson must include the case name and docket number in the subject line.
Emails to Judge Wolson must include the case name and docket number in the subject line.
Page 5 | I. GENERAL MATTERS — B. Conventions For Emails
The parties must submit the joint status report to Judge Wolson by email.
Parties must submit that report to Judge Wolson via email.
Page 12 | II. CIVIL CASES — A. Pretrial Procedures
Parties must email stipulations and proposed orders to Chambers instead of filing them on the docket.
Contrary to Local Civil Rule 5.1.2(9), parties must email all stipulations and proposed orders to Chambers rather than filing them on the docket.
Page 13 | 4. Stipulations and proposed Orders
Responsive letters should be submitted only when Judge Wolson requests them.
Responsive letters should only be submitted at Judge Wolson’s request.
Page 5 | I. GENERAL MATTERS — A. Correspondence With Chambers
Parties may submit letters by email when appropriate, but only about routine matters for which no opposition is anticipated or required.
Parties may submit letters (when appropriate) via email, but they must limit such communications to routine matters for which no opposition is anticipated or required.
Page 5 | I. GENERAL MATTERS — A. Correspondence With Chambers
Counsel should direct communications about administrative or procedural matters to a Courtroom Deputy or Chambers.
Counsel should direct communications concerning administrative or procedural matters to a Courtroom Deputy or Chambers.
Page 5 | I. GENERAL MATTERS — A. Correspondence With Chambers
Counsel may make such a request via letter emailed to Chambers with the words “page limits” in the subject line. Counsel making such a request should confer with opposing counsel and set forth opposing counsel’s position in the letter.
Counsel may make such a request via letter emailed to Chambers with the words “page limits” in the subject line. Counsel making such a request should confer with opposing counsel and set forth opposing counsel’s position in the letter.
Page 14 | B. Motion Practice — 3. Length of briefs
Counsel should contact Judge Wolson by phone for any issues that arise during depositions. Counsel should not walk out of a deposition before trying to contact Judge Wolson and obtain guidance.
Counsel should contact Judge Wolson by phone for any issues that arise during depositions. Counsel should not walk out of a deposition before trying to contact Judge Wolson and obtain guidance.
Page 19
A continuance or extension request may be made by letter, and the letter may be emailed to Chambers.
Requests for continuances or extensions may be made by letter, which can be emailed to Chambers.
Page 20 | D. Extensions
Parties planning to use courtroom technology are encouraged to contact the Courtroom Deputy reasonably in advance of trial and conduct a trial run to minimize disruptions.
Parties expecting to employ courtroom technology are encouraged to contact the Courtroom Deputy reasonably in advance of trial and to conduct a trial run to minimize disruptions during the trial itself.
Page 28 | V. COURTROOM AND TRIAL PROCEDURES — B. Courtroom Technology
Junior Lawyer Participation Incentives
The judge encourages trial counsel to assign presentations to less-experienced attorneys, especially when they are more familiar with the matter.
Judge Wolson 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 (e.g., discovery hearings).
Page 30 | V. COURTROOM AND TRIAL PROCEDURES
The judge may permit two lawyers to argue so experienced counsel can support a younger lawyer’s presentation, if requested in advance.
If necessary, Judge Wolson will permit two lawyers to make an argument to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer’s presentation, if the request is made in advance.
Page 30 | V. COURTROOM AND TRIAL PROCEDURES
