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Court Rules
Judge

Judge Gail A. Weilheimer

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of Pennsylvania

Limits & Logistics

Document Limits

Pretrial Conference Memorandum
3 pgs
Motion in Limine
10 pgs
Motion
25 pgs

Courtesy Copies

Filings > 20 pages

  • 1 copy • Within 48 Hours

Communication

Email

Chambers

chambers_weilheimer@paed.uscourts.gov
Email

Chambers

weilheimer@paed.uscourts.gov
Filters:

Page & Word Limits6 rules

Page LimitsMandatory

A brief narrative of the case, not to exceed three pages, double spaced.

Page limit
Up to 3 pages
weipold · p. 1
|SectionPRETRIAL CONFERENCE REQUIREMENTS
Page LimitsMandatoryCivil cases

In the absence of a deadline set by the Court in a Scheduling Order, parties have 30 days to respond to a motion for summary judgment.

weipol · p. 10
|SectionTime to Respond
Page LimitsMandatoryCivil cases

Motions in limine and responses limited to 10 pages, double-spaced, 12-point Times New Roman, one-inch margins, numbered pages.

Motion in limine for attorneys
Up to 10 pages
Format
Double-spaced; 12-point Times New Roman; 1-inch margins
Applies to
  • Motions in limine

Court's wording

Deadlines for motions in limine will be provided at the Pretrial Conference. In an attempt to resolve any evidentiary issue, counsel shall meet and confer in advance of the filing of any motion in limine. In all cases, civil and criminal, motions in limine and their responses are limited to ten pages, double spaced, in 12-point Times New Roman font with one-inch margins and numbered pages.

weipol · p. 12
|SectionMotions in Limine
Page LimitsMandatoryCivil cases

With the exceptions of motions in limine, briefs and memoranda filed in support of or in opposition to a motion are limited to 25 pages in length.

Motion
Up to 25 pages
Page LimitsImportant

A witness list, with a description of the testimony anticipated from each witness, not to exceed two sentences each.

weipold · p. 1
|SectionPRETRIAL CONFERENCE REQUIREMENTS
Page LimitsImportantCivil cases

Leave required to exceed page limit with good cause.

Court's wording

pages are required to explain its position, leave of court is required to exceed the page limit. A motion to exceed the page limit shall be filed prior to the deadline establishing good cause for the request.

Document Format Requirements8 rules

FormattingMandatoryCivil cases

Trial exhibits must be in three-ring binder with tabbed table of contents in 12-point font.

Font size
At least 12 points
Binding
Three-ring binder

Formatting

  • Pre-marked
  • Tabbed
  • Table of contents

Court's wording

Exhibits shall be placed in a three-ring binder, pre-marked and tabbed with a table of contents. The text table of contents should be in at least 12-point font, in table format with separate columns for the exhibit numbers, exhibit description, indication of identification and admission.

weipol · p. 13
|SectionTrial
FormattingMandatoryCivil cases

All documents shall be filed in 12-point Times New Roman font, double spaced with one-inch margins and numbered pages.

Font
Times New Roman
Font size
12 points
Line spacing
Double
Margins
1 inch
FormattingMandatoryCivil cases

All PDF documents filed must be text searchable.

File type
PDF

Formatting

  • Text-searchable
FormattingImportantCivil cases

If, during the course of the Rule 26(f) conference, the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF).

weipolc · p. 4
|SectionFormat
FormattingImportantCivil cases

When the image file is produced, the producing party must preserve the integrity of the electronic document's contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history.

weipolc · p. 4
|SectionFormat
FormattingImportantCivil cases

After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.

weipolc · p. 4
|SectionFormat
FormattingImportantCivil cases

Each party shall provide a brief factual summation of the case which should be provided as an attachment, double spaced in 12-point font.

Font size
12 points
Line spacing
Double
Applies to
  • Factual summation
weipolh · p. 1
|Section1. Discussion of Claims, Defenses, and Relevant Issues
FormattingImportantCivil cases

The Joint Statement should be drafted neutrally and factually (without needless adjectives) so as to best facilitate a filing which will be useful to the Court.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts

Document Filing Requirements43 rules

Filing RequirementsMandatory

At least seven days prior to the Pretrial Conference, each counsel shall docket a Pretrial Conference Memorandum which includes the following:

weipold · p. 1
|SectionPRETRIAL CONFERENCE REQUIREMENTS
Filing RequirementsMandatory

Failure to submit a Pretrial Conference Memorandum or failure to list a witness or exhibit on this disclosure, may result in the preclusion of that evidence or testimony.

weipold · p. 1
|SectionPRETRIAL CONFERENCE REQUIREMENTS
Filing RequirementsMandatoryCivil cases

When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument.

weipolh · p. 7
|SectionHearing on Claim Construction – Markman Hearing
Filing RequirementsMandatoryCivil cases

Except as otherwise specified herein, any application to the Court shall be by written motion.

weipolh · p. 9
|Section10. Applications by Motion
Filing RequirementsMandatoryCivil cases

Certification of meet and confer required with motion, including dates, length, and brief description of issues discussed.

Court's wording

Should the parties be unable to resolve the dispute, the filing party shall file a Certification indicating that they have communicated with the non- filing party or parties in an attempt to resolve the dispute and the date(s) of discussion(s), the length of the discussion, as well as a brief (no more than one sentence each) description of the issues which were discussed.

weipol · p. 3
|SectionMeet and Confer Certification
Filing RequirementsMandatoryCivil cases

Discovery must commence immediately upon Rule 16 scheduling order, not at conference date.

Court's wording

This Court expects discovery to commence immediately upon the issuance of the Order scheduling the Rule 16 Conference—not from the date of the Conference itself. Accordingly, by the time of most Rule 16 Conferences, fact discovery should already be well underway.

weipol · p. 4
|SectionRule 16 Conference
Filing RequirementsMandatoryCivil cases

Joint Rule 26(f) report required 5 days before Rule 16 conference.

Court's wording

Five days in advance of the Rule 16 Conference, the parties shall jointly submit a Rule 26(f) report. Judge Weilheimer’s required format is available here. Patent cases have a separate 26(f) format which can be found here.

weipol · p. 4
|SectionRule 16 Conference
Filing RequirementsMandatoryCivil cases

Parties must meet and confer 28 days before summary judgment motion to discuss joint statement of undisputed facts.

Document
Joint statement of undisputed facts

Must include

  • Statement of facts

Court's wording

At least 28 days in advance of a motion for summary judgment, all parties are required to meet and confer regarding the possibility of entering into a joint statement of undisputed facts (the “Joint Statement”).

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsMandatoryCivil cases

All references to facts not included in the Joint Statement described above must be contained within the party’s memorandum and cite to the record.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsMandatoryCivil cases

But no party shall unilaterally file a “Statement of Undisputed Facts" setting forth its interpretation of the record.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsMandatoryCivil cases

The Joint Statement should include all facts upon which any party expects to rely in moving for or opposing summary judgment and about which there is no factual dispute between the parties.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsMandatoryCivil cases

Parties with pending State Court dispositive motions must reformat or withdraw within 21 days of removal.

Court's wording

Any party who has Preliminary Objections or some other dispositive motions pending in the State Court Action at the time of removal must, within 21 days, either: (1) reformat the preliminary objections or dispositive motion to be consistent with the Federal Rules of Civil Procedure, the Eastern District of Pennsylvania’s Local Rules, and this Court’s preference and place the same on the docket; or (2) file an Answer, which will be constituted as a withdrawal of the pending preliminary objections or dispositive motion (though not a waiver of any issue of law).

weipol · p. 10
|SectionProcedure for Removal
Filing RequirementsMandatoryCivil cases

Any party who has already filed an Answer in the underlying State Court Action must docket that Answer without revision within 21 days of removal.

weipol · p. 10
|SectionProcedure for Removal
Filing RequirementsMandatoryCivil cases

Removing party must file Amended Notice of Removal with State Court Complaint as exhibit.

Court's wording

If a case is brought before this Court by way of a Notice of Removal, the party removing the action, if they have not done so in their original Notice of Removal, is required to file an Amended Notice of Removal, attaching the State Court Complaint as a separate exhibit, named consistent with the naming convention outlined for exhibits to motions, supra.

weipol · p. 10
|SectionProcedure for Removal
Filing RequirementsMandatoryCivil cases

If the parties are unable to agree upon a Joint Statement, the filing party is required to include a certification that no agreement could be reached.

weipol · p. 10
|SectionJoint Statement of Undisputed Facts
Filing RequirementsMandatoryCivil cases

Seven days in advance of the conference the parties will be required to submit a confidential Settlement Conference Memorandum. This memorandum shall NOT be docketed and should NOT be shared with opposing counsel.

weipol · p. 11
|SectionSettlement Conferences
Filing RequirementsMandatoryCivil cases

Seven days prior to the Pretrial Conference counsel shall submit Pretrial Conference Memorandum, the requirements are attached here.

weipol · p. 12
|SectionPretrial Conference
Filing RequirementsMandatoryCivil cases

Three copies of trial exhibits required at commencement of trial.

Court's wording

Three copies of all exhibits expected to be introduced at trial are to be provided at the commencement of trial. (One copy will be used for the witness and retained for the record, one Court copy and one law clerk copy).

weipol · p. 13
|SectionTrial
Filing RequirementsMandatoryCivil cases

Only one attorney per party may examine each witness; only that attorney may object during opposing questioning.

Court's wording

Judge Weilheimer will not permit more than one attorney for a party to examine the same witness. The examining attorney is the only one permitted to raise objections during the opposing party’s questioning.

weipol · p. 16
|SectionExamination of Witnesses
Filing RequirementsMandatoryCivil cases

Exhibits must be separately numbered attachments with clear objective titles.

Document
Exhibit

Must include

  • Objective description
  • Separately numbered

Court's wording

All exhibits must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file (e.g., 6/14/19 Deposition of John Doe).

Filing RequirementsMandatoryCivil cases

While a motion for leave to appear pro hac vice is pending, local counsel must be present at every appearance before the Court, including those held on the phone or virtually.

Filing RequirementsMandatoryCivil cases

Pro hac vice counsel is expected to review and comply with the EDPA local rules as well as Judge Weilheimer’s protocols.

Filing RequirementsMandatoryCivil cases

At least five days prior to the Settlement Conference. a confidential Settlement Memorandum should be sent via email to chambers at chambers weilheimer@paed.uscourts.gov. This document should not be docketed and should not be provided to opposing counsel.

weipolf · p. 1
|SectionSETTLEMENT CONFERENCE REQUIREMENTS
Filing RequirementsImportant

Settlement negotiation should not be provided if a matter is scheduled as a bench trial.

weipold · p. 1
|SectionPRETRIAL CONFERENCE REQUIREMENTS
Filing RequirementsImportantCivil cases

Absent prior approval of the Court, the parties shall not present testimony at the argument.

weipolh · p. 7
|SectionHearing on Claim Construction – Markman Hearing
Filing RequirementsImportantCivil cases

If meeting and conferring results in the intention to file an amended pleading, the party who intends to file an amended pleading should let the Court know of that intention by way of a letter placed on the docket, which will serve to ensure the Court not enter default against the party who otherwise would have an obligation to respond to the initial pleading.

weipol · p. 3
|SectionMeet and Confer Certification
Filing RequirementsImportantCivil cases

Court may impose sanctions or require revised Joint Statement if parties agree on facts but failed to submit one.

Court's wording

If the Court later concludes from briefing that the parties do agree on enough material facts to justify submission of a Joint Statement, the Court may sua sponte schedule a hearing and/or request briefing from the parties to determine whether sanctions are appropriate for failure to comply with these protocols, and/or may reject the filings and require both parties to submit a revised Joint Statement.

weipol · p. 10
|SectionJoint Statement of Undisputed Facts
Filing RequirementsImportantCivil cases

Note: The Court may preclude at trial any witness or exhibit not disclosed in the Pretrial Conference Memorandum.

weipol · p. 12
|SectionPretrial Conference
Filing RequirementsImportantCivil cases

Unfamiliarity with rules may result in order requiring local counsel attendance or discontinuation of pro hac vice admission.

Court's wording

If pro hac vice counsel shows an unfamiliarity with the Local Rules of Civil Procedure or this Court’s protocols, this Court may issue an order requiring local counsel to appear at all future appearances or may discontinue the pro hac vice admission.

Filing RequirementsImportantCivil cases

The Settlement Memorandum should include the following: 1. A brief summary of the case which includes the strengths and weaknesses from the perspective of the submitting party; 2. Copies of critical documents relevant to settlement (e.g. expert reports, photographs of the scene); 3. The most recent offer and demand and any insight as to why previous attempts to settle were unsuccessful; 4. The scope of settlement authority of the submitting party; and 5. Any other information that would benefit the Court in helping to effectuate a settlement.

weipolf · p. 1
|SectionSETTLEMENT CONFERENCE REQUIREMENTS
Filing RequirementsNoteCivil cases

Sample certification language for meet-and-confer requirement.

Document
Motion

Include

  • Certificate of conference

Court's wording

The undersigned counsel certifies that on insert date the parties did meet and confer in an attempt to resolve list motion or topic that was addressed . As this matter was unable to be resolved through substantive verbal communications the attached Motion is being filed.

weipolb · p. 1
|SectionMEET AND CONFER REQUIREMENTS
Filing RequirementsNote

Specific circumstances qualify as witness/counsel unavailability

Court's wording

The Court will consider a witness or counsel to be unavailable due to a court attachment, a prepaid vacation/business trip, a scheduled medical procedure or a significant life event such as a child's wedding or graduation.

weipold · p. 1
|SectionPRETRIAL CONFERENCE REQUIREMENTS
Filing RequirementsNoteCivil cases

The Court is open to the presentation of live technology tutorials when they may be of benefit. The parties may also submit tutorials in electronic form by the deadline for submission of the Joint Claim Construction Brief. If a party intends to present a live tutorial, it should be directed to the underlying technology (rather than argument related to infringement or validity).

weipolh · p. 7
|SectionHearing on Claim Construction – Markman Hearing
Filing RequirementsNoteCivil cases

Amended complaint filed after meet and confer is deemed filed with leave of court under Rule 15(a)(2).

Court's wording

If during the meet and confer described herein, a party is alerted to a deficiency in their complaint by opposing counsel, the filing party is permitted to submit an amended complaint which rectifies all, or some, of the issues addressed at the meeting. The party filing the amended complaint should attach to the amended complaint a certification that such amendment was the result of compliance with this protocol. If such certification is attached, the amended complaint will be deemed filed with leave of Court under Fed. R. Civ. P. 15(a)(2), and therefore not exhaust the party’s amendment as of right under Fed. R. Civ. P. 15(a)(1).

weipol · p. 3
|SectionMeet and Confer Certification
Filing RequirementsNoteCivil cases

Where the parties agree upon a Joint Statement, all factual citations should be made to the Joint Statement, to the extent they can be.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsNoteCivil cases

Agreeing upon the submission of a Joint Statement will not preclude a party from arguing in briefing that there are other undisputed facts besides those on which the parties were able to agree.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsNoteCivil cases

Inclusion of a given fact in a Joint Statement will not be considered a concession by any party that a given fact is relevant or material.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsNoteCivil cases

The Joint Statement should include exhibits, where relevant.

weipol · p. 9
|SectionJoint Statement of Undisputed Facts
Filing RequirementsNoteCivil cases

The Court will typically set a deadline by which a party opposing summary judgment must file its opposition in its Scheduling Order.

weipol · p. 10
|SectionTime to Respond
Filing RequirementsNoteCivil cases

The filing of an Amended Notice of Removal will have no impact on any case deadlines which run from the removal of the case.

weipol · p. 10
|SectionProcedure for Removal
Filing RequirementsNoteCivil cases

Judge Weilheimer permits note taking by jurors during the presentation of evidence. Jurors are not permitted to take notes during argument or the Court’s instruction on the law.

weipol · p. 16
|SectionNote Taking by Jurors
Filing RequirementsNoteCivil cases

After motion for leave to appear pro hac vice is granted, local counsel need not be present at every appearance, except as outlined infra.

Filing RequirementsNoteCivil cases

Counsel applying for admission before the Court pro hac vice may use the Eastern District’s standard form.

Document
Pro hac vice admission

May include

  • Eastern District's standard form

Filing & Service rules

Filing Timing and Cure Windows

Within seven days after identifying relevant document custodians, retention coordinators must implement the specified procedures and counsel for each party must file a statement of compliance.

Within seven (7) days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party's counsel shall file a statement of compliance.

Civil cases

Page 5 | Retention

Objections to expert report compliance must be raised within one week of submission.

If any party believes that an expert report does not comply with the rules relating to timely disclosure or exceeds the scope of what is permitted in that expert report, the complaining party must notify the offending party within one week of the submission of the expert report.

Civil cases

Page 8 | Expert Testimony

Courtesy Copy Requirements

Courtesy copy required for filings with exhibits over 20 pages.

When the total number of pages in the exhibits/attachments to any filing exceeds 20 pages, within 48 hours of the docketing of the filing, one hard copy of the exhibits is to be provided to Chambers.

Civil cases

If the provided attachments are for more than two exhibits, the documents should be placed in a binder, tabbed with a table of contents that corresponds to the related pleading.

If the provided attachments are for more than two exhibits, the documents should be placed in a binder, tabbed with a table of contents that corresponds to the related pleading.

Civil cases

Sealing & Redaction Procedures

Existing confidentiality orders allow sealed filings without separate motion; otherwise, motion to seal required.

Where a confidentiality order which covers the duration of litigation has already been entered by the Court, filings which include information subject to that confidentiality order may be filed under seal without the filing of a separate motion to seal. If no such confidentiality order has been entered, any filing placed under seal must be accompanied by a contemporaneous motion to seal.

Civil cases

Page 6 | Filing Under Seal and Redactions

Confidentiality/sealing orders require good cause and specific language about Court's modification rights.

Judge Weilheimer will consider entry of a stipulated confidentiality or sealing orders if the parties demonstrate that “good cause” exists pursuant to Fed. R. Civ. P. 26(c)(1)(G). See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d. Cir. 1994). All such orders 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.”

Civil cases

Page 6 | Confidentiality Agreements

Within seven days of the docketing of anything filed under seal (or, in the case of a motion, within seven days of the close of briefing on a given motion), a filing party of any sealed submission shall publicly file a

Within seven days of the docketing of anything filed under seal (or, in the case of a motion, within seven days of the close of briefing on a given motion), a filing party of any sealed submission shall publicly file a

Civil cases

Page 6 | Filing Under Seal and Redactions

Interim protective order: confidential documents must be marked and disclosure limited to outside attorneys until a protective order is entered.

If any document or information produced in this matter is deemed confidential by the producing party and if the Court has not entered a protective order, until a protective order is issued by the Court, the document shall be marked "confidential" or with some other confidential designation (such as "Confidential – Outside Attorneys Eyes Only") by the disclosing party and disclosure of the confidential document or information shall be limited to each party's outside attorney(s) of record and the employees of such outside attorney(s).

Civil cases

Page 4 | 4. Protective Order

For parties without outside counsel, disclosure of confidential information is limited to one designated in-house attorney, with 5 days advance notice to the producing party.

If a party is not represented by an outside attorney, disclosure of the confidential document or information shall be limited to one designated "in house" attorney, whose identity and job functions shall be disclosed to the producing party 5 days prior to any such disclosure, in order to permit any motion for protective order or other relief regarding such disclosure.

Civil cases

Page 4 | 4. Protective Order

Filing Bundling Requirements

Joint exhibit binder preferred but not required.

A joint exhibit binder is preferred but not required.

Civil cases

Page 13 | Trial

Pre-Motion Conference Requirements

Motions that fail to meet meet-and-confer requirements will be denied.

The Court will deny any 12(b)(6), (e) or (f) motion or discovery motion that fails to conform with these requirements.

Civil cases

Page 1 | MEET AND CONFER REQUIREMENTS

Parties must conduct substantive verbal communications before filing certain motions, with certification required.

The parties shall conduct substantive verbal communications. Exchanges of letters or e- mails are insufficient. A report that opposing counsel was not available or that the parties made reasonable efforts is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken.

Civil cases

Page 1 | MEET AND CONFER REQUIREMENTS

Pre-motion conference required before filing a Motion to Compel discovery, including meet-and-confer and a conference with the Court.

A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court's law clerk (with opposing counsel) to arrange a conference with the Court to summarize the dispute and the parties' respective positions.

Civil cases

Page 3 | b. Discovery Disputes

Parties must attempt to resolve expert report disputes promptly; unresolved disputes must be raised via the Discovery Dispute Procedure or the objection is waived.

The parties are expected to promptly try to resolve any such disputes, and, when they cannot reasonably be resolved, use the Court's Discovery Dispute Procedure or the complaint will be waived.

Civil cases

Page 8 | Expert Testimony

Rule 56 motions cannot be filed more than 10 days before the dispositive motions deadline without court leave.

No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Civil cases

Page 8 | Case Dispositive Motions

Daubert objections must be filed by motion no later than the dispositive motions deadline.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Civil cases

Page 8 | Expert Testimony

Meet and confer required at least 5 days before filing discovery, 12(b), or dispositive motions.

Prior to filing discovery motions, 12(b) motions, or other dispositive motions, counsel contemplating the filing of these motions shall contact opposing counsel to discuss the substance of the anticipated motion and to provide an opportunity to cure any alleged deficiencies or to try to resolve the conflict prior to the filing of the Motion. This communication must occur at least five days prior to the filing of the Motion.

Civil cases

Page 3 | Meet and Confer Certification

Lead trial counsel must attend Rule 16 conference; substitute with deep case knowledge if lead is on trial.

Lead trial counsel must appear for this conference. If lead counsel is on trial, substitute counsel with deep knowledge of the case may attend.

Civil cases

Page 4 | Rule 16 Conference

Meet and confer required before filing any motion in limine.

In an attempt to resolve any evidentiary issue, counsel shall meet and confer in advance of the filing of any motion in limine.

Civil cases

Page 12 | Motions in Limine

Reply briefs require leave of court, filed within 5 days with email courtesy copy.

Reply briefs are not permitted without leave of court. Motions for Leave to file a Reply shall be docketed within five days of the docketing of the response with a courtesy copy sent to chambers via email to the e-mail listed above.

Civil cases

Failure to communicate by the filing party may result in the motion being denied. Failure to respond within a reasonable timeframe to attempts to communicate from the filing party may result in sanctions for the non- responding party.

Failure to communicate by the filing party may result in the motion being denied. Failure to respond within a reasonable timeframe to attempts to communicate from the filing party may result in sanctions for the non- responding party.

Civil cases

Page 3 | Meet and Confer Certification

Motions for Leave should highlight the specific issues raised in the response brief to which a reply is requested. Counsel should not prepare and attach their proposed reply to their Motion.

Motions for Leave should highlight the specific issues raised in the response brief to which a reply is requested. Counsel should not prepare and attach their proposed reply to their Motion.

Civil cases

A final pretrial conference will be held after dispositive motions are ruled upon.

As needed, after ruling on dispositive motions, the Court will hold a final pretrial conference in Court with counsel.

Civil cases

Page 9 | 11. Pretrial Conference

Rule 16 conference held after all defendants answer; counsel may request if not scheduled.

A Rule 16 Pretrial Conference will be held as soon as possible after all defendants have docketed an Answer to the Complaint. If the Court has not scheduled a Rule 16 conference within a reasonable time after the filing of the Answer, counsel should contact Chambers to request a conference.

Civil cases

Page 4 | Rule 16 Conference

Pretrial conference scheduled at Rule 16 if no dispositive motions, or after ruling on dispositive motions.

A Pretrial Conference will be scheduled either at the time of the Rule 16 Conference if dispositive motions are not anticipated or if necessary after a ruling on dispositive motions. At the Pretrial Conference a date certain trial date and associated deadlines will be provided.

Civil cases

Page 4 | Pretrial Conference

Oral argument scheduled at Court's discretion; may decide on papers even if requested.

Oral argument will be scheduled by Chambers when it is beneficial to the Court. Parties may request oral argument, but the Court will frequently decide a motion on the papers even where such a request is made.

Civil cases

Ruling on reply leave without response; if granted, scope and due date specified.

A ruling will be made on the Motion for Leave without a response from opposing counsel. If the Court grants leave to file a reply, the order will clearly specify the scope of the reply and the due date.

Civil cases

Adjournment & Extension Requirements

Extension requests must be filed as motions with good cause shown, made as far in advance as possible.

Subject to the limited exceptions below, requests for extensions, including joint and uncontested requests, must be submitted to this Court by filing a motion on the docket. Even with the agreement of all parties, good cause must be shown for the Court to consider a request to extend any deadlines provided in the Scheduling Order. Requests for extension should be made as far in advance as possible. Requests made on the date of the deadline will typically be denied, absent good cause that arose on the day of the deadline.

Civil cases

Page 5 | Extension Requests

Discovery motion responses due 7 days after filing.

Responses to discovery motions are due seven days after the filing of the Motion.

Civil cases

Page 6 | Discovery matters

Counsel are expected to work cooperatively and civilly to address discovery disputes. See supra. The parties are expected to meet and confer prior to requesting Court intervention. Should the parties be unable to resolve a discovery dispute in good faith, they may request the assistance of the Court.

Counsel are expected to work cooperatively and civilly to address discovery disputes. See supra. The parties are expected to meet and confer prior to requesting Court intervention. Should the parties be unable to resolve a discovery dispute in good faith, they may request the assistance of the Court.

Civil cases

Page 5 | Discovery matters

If a dispute arises during a deposition, counsel are invited to call Chambers in the event that the Judge is available to supply an immediate ruling. If Judge Weilheimer is not immediately available, the parties should note the objection, have the question answered, and the Judge will issue a ruling prior to trial. If the objecting party refuses to have a witness answer the “objectionable” question and the Court determines that witness shall be re-deposed on that issue, the costs of the re-deposition will be borne entirely by the objecting party.

If a dispute arises during a deposition, counsel are invited to call Chambers in the event that the Judge is available to supply an immediate ruling. If Judge Weilheimer is not immediately available, the parties should note the objection, have the question answered, and the Judge will issue a ruling prior to trial. If the objecting party refuses to have a witness answer the “objectionable” question and the Court determines that witness shall be re-deposed on that issue, the costs of the re-deposition will be borne entirely by the objecting party.

Civil cases

Page 6 | Discovery matters

Default e-discovery order applies if parties cannot agree.

If e-discovery is an issue and counsel are unable to reach an agreement, a default e-discovery order will be entered, located here.

Civil cases

Page 5 | Discovery matters

Joint stipulation can extend Answer/Complaint deadline by up to 30 days; discovery extensions need not be filed.

The parties may jointly stipulate to extend the time to Answer or make a motion with respect to an initial Complaint by no more than 30 days. Such joint stipulation should be filed on the docket with a signature line provided for the judge. The parties may also jointly agree to extend discovery deadlines provided such agreement does not alter the dispositive motion deadline. This type of agreement need not be filed with the Court.

Civil cases

Page 5 | Extension Requests

Discovery time calculated from Rule 16 Scheduling Order date, not conference date.

Parties are expected to begin discovery promptly after the issuance of the Order scheduling the Rule 16 Conference. The time for discovery will be calculated from the date the Rule 16 Scheduling Order is issued, NOT the date of the Rule 16 conference.

Civil cases

Page 5 | Discovery matters

Virtual conferences via letter/email for straightforward disputes; motions for complex disputes.

For straightforward disputes, the parties may request a virtual conference via letter or email to Chambers. This correspondence should summarize the reason for the requested conference. A motion should be filed for disputes that require the Court to review extensive materials or for which the conflict cannot be addressed in a brief conference.

Civil cases

Page 6 | Discovery matters

Chambers Communication Rules

At least five days prior to the Settlement Conference. a confidential Settlement Memorandum should be sent via email to chambers at chambers weilheimer@paed.uscourts.gov.

At least five days prior to the Settlement Conference. a confidential Settlement Memorandum should be sent via email to chambers at chambers weilheimer@paed.uscourts.gov.

Civil cases

Page 1 | SETTLEMENT CONFERENCE REQUIREMENTS

Chambers staff cannot provide legal advice; ex parte advocacy on substantive issues is prohibited.

Judge Weilheimer’s staff cannot give legal advice. Ex parte advocacy on any substantive issue is prohibited.

Civil cases

Page 2 | Communication with Chambers

Counsel are expected to respond with reasonable promptness to communication from Chambers and should be courteous in their interaction. Any discourtesy to Chambers staff will be viewed as a disrespect for the Court.

Counsel are expected to respond with reasonable promptness to communication from Chambers and should be courteous in their interaction. Any discourtesy to Chambers staff will be viewed as a disrespect for the Court.

Civil cases

Page 2 | Communication with Chambers

If the Parties feel that settlement talks would be most productive before discovery commences, the Parties should inform the Court of that immediately upon the scheduling of the Rule 16 Conference so early settlement talks can be facilitated while still leaving adequate time for discovery if such talks do not resolve the case.

If the Parties feel that settlement talks would be most productive before discovery commences, the Parties should inform the Court of that immediately upon the scheduling of the Rule 16 Conference so early settlement talks can be facilitated while still leaving adequate time for discovery if such talks do not resolve the case.

Civil cases

Page 4 | Rule 16 Conference

Chambers contact information provided for email and phone.

Chambers email: Chambers_Weilheimer@paed.uscourts.gov Chambers phone: 267-299-7760

Civil cases

Page 2 | Communication with Chambers

Chambers may be contacted for procedural questions or to facilitate case progress; substantive communications must be docketed.

Counsel are welcome to contact Chambers via phone or email with any procedural questions or where communication will assist in facilitating the progress of a case. All communication regarding substantive issues must be docketed. Counsel may contact Chambers to provide notification of a substantive filing that needs prompt attention from the Court.

Civil cases

Page 2 | Communication with Chambers

Junior Lawyer Participation Incentives

Junior attorneys (associates) may argue with notice to chambers; supervising counsel can supplement their argument.

Judge Weilheimer believes the courtroom provides the opportunity for growth and development for the newest members of our profession and encourages senior counsel to give their associates, who have skilled knowledge on the matter, the opportunity to appear and make argument to the Court. When a party chooses to avail itself of this opportunity, counsel should notify the Court either at sidebar on the day of argument or in advance via email to Chambers of the name of the associate who will be representing the party and the name of senior/supervising counsel. Supervising counsel will be given an opportunity to supplement their associate’s argument.

Civil cases

Page 16 | Professional Development for Newer Attorneys

About United States District Judge Gail A. Weilheimer

Judge Gail A. Weilheimer was appointed to the Eastern District of Pennsylvania by President Joe Biden in 2024.

Judge Weilheimer received her undergraduate degree and law degree from Hofstra University. She spent seven years as an Assistant District Attorney in the Philadelphia District Attorney's Office before entering private practice at several firms in the Philadelphia region. She served as an elected Commissioner for Abington Township from 2004 to 2008, and served as a judge of the Montgomery County Court of Common Pleas from 2014 until her federal appointment.

Education

  • Hofstra University School of Law, J.D., 1995
  • Hofstra University, B.A., 1992

Career

  • Assistant District Attorney, Philadelphia District Attorney's Office (1995–2002)
  • Associate, Abrahams, Loewenstein and Bushman, P.C. (2002)
  • Litigation associate, Frank & Rosen LLP, Elkins Park (2003–2006)
  • Senior counsel, Wisler Pearlstine LLP, Blue Bell (2006–2013)
  • Commissioner, Abington Township (2004–2008)
  • Judge, Montgomery County Court of Common Pleas (2014–2025)
  • U.S. District Judge, E.D. Pa. (2024–present)

Courthouse: James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106 Chambers: Room 7614 Email: Chambers_of_Judge_Gail_Weilheimer@paed.uscourts.gov

Chambers Staff

  • Judicial Assistant: Karen Copestick, (267) 299-7760
  • Courtroom Deputy: Sheila McCurry, (267) 299-7769
Common questions about Judge Gail A. Weilheimer's rules

Are courtesy copies required for Judge Gail A. Weilheimer?

Courtesy-copy rule applies when a filing is > 20 pages. Details: 1 copy, delivery within 48 hours. Courtesy copy required for filings with exhibits over 20 pages.

Does Judge Gail A. Weilheimer require a pre-motion conference or letter before filing a motion?

Motions that fail to meet meet-and-confer requirements will be denied.

View ruleSource: page 1, section MEET AND CONFER REQUIREMENTS

What page or word limits apply to pretrial conference memorandum before Judge Gail A. Weilheimer?

Judge Gail A. Weilheimer's rule states these limits: attorney: 3 pages. Brief narrative limited to 3 pages double-spaced

View ruleSource: page 1, section PRETRIAL CONFERENCE REQUIREMENTS

What page or word limits apply to motion in limine before Judge Gail A. Weilheimer?

Judge Gail A. Weilheimer's rule states these limits: attorney: 10 pages. Motions in limine and responses limited to 10 pages, double-spaced, 12-point Times New Roman, one-inch margins, numbered pages.

View ruleSource: page 12, section Motions in Limine

What formatting rules apply to filings before Judge Gail A. Weilheimer?

Judge Gail A. Weilheimer's formatting rule includes file format PDF and text searchable. All PDF documents must be text searchable.

What must be included with pretrial conference memorandum filings before Judge Gail A. Weilheimer?

The rule requires exhibit list and witness list. Failure to submit memorandum or list witnesses/exhibits may result in preclusion

View ruleSource: page 1, section PRETRIAL CONFERENCE REQUIREMENTS

What must be included with motion filings before Judge Gail A. Weilheimer?

Parties must file a motion for claim construction hearing simultaneously with the Joint Claim Construction Brief, stating briefing is complete and requested argument time.

View ruleSource: page 7, section Hearing on Claim Construction – Markman Hearing

How may parties contact Judge Gail A. Weilheimer's chambers?

The rule lists email chambers weilheimer@paed.uscourts.gov. At least five days prior to the Settlement Conference. a confidential Settlement Memorandum should be sent via email to chambers at chambers weilheimer@paed.uscourts.gov.

View ruleSource: page 1, section SETTLEMENT CONFERENCE REQUIREMENTS

How does Judge Gail A. Weilheimer handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf. Existing confidentiality orders allow sealed filings without separate motion; otherwise, motion to seal required.

View ruleSource: page 6, section Filing Under Seal and Redactions

How do I request an adjournment or extension before Judge Gail A. Weilheimer?

Extension requests must be filed as motions with good cause shown, made as far in advance as possible.

View ruleSource: page 5, section Extension Requests

Does Judge Gail A. Weilheimer require motion papers to be bundled?

Joint exhibit binder preferred but not required.

View ruleSource: page 13, section Trial

What filing deadlines does Judge Gail A. Weilheimer set?

Within seven days after identifying relevant document custodians, retention coordinators must implement the specified procedures and counsel for each party must file a statement of compliance.

View ruleSource: page 5, section Retention

Does Judge Gail A. Weilheimer encourage junior lawyer participation?

Yes. Judge Gail A. Weilheimer's rules include a junior lawyer participation incentive. Junior attorneys (associates) may argue with notice to chambers; supervising counsel can supplement their argument.

View ruleSource: page 16, section Professional Development for Newer Attorneys
Complete rules summary for Judge Gail A. Weilheimer

Sample certification language for meet-and-confer requirement.

Motions that fail to meet meet-and-confer requirements will be denied.

Parties must conduct substantive verbal communications before filing certain motions, with certification required.

If the parties cannot agree on production format during the Rule 26(f) conference, electronic documents must be produced as image files.

When producing an image file, the producing party must preserve the document's original formatting, metadata, and, where applicable, revision history.

A party seeking native-format production after initial image-file production must demonstrate particularized need.

Within seven days after identifying relevant document custodians, retention coordinators must implement the specified procedures and counsel for each party must file a statement of compliance.

Failure to submit memorandum or list witnesses/exhibits may result in preclusion

Witness descriptions limited to 2 sentences each

Pretrial Conference Memorandum must be docketed at least 7 days before conference

Specific circumstances qualify as witness/counsel unavailability

Settlement negotiation should not be provided if a matter is scheduled as a bench trial.

Brief narrative limited to 3 pages double-spaced

Objections to expert report compliance must be raised within one week of submission.

Parties must file a motion for claim construction hearing simultaneously with the Joint Claim Construction Brief, stating briefing is complete and requested argument time.

For parties without outside counsel, disclosure of confidential information is limited to one designated in-house attorney, with 5 days advance notice to the producing party.

The Court is open to the presentation of live technology tutorials when they may be of benefit. The parties may also submit tutorials in electronic form by the deadline for submission of the Joint Claim Construction Brief. If a party intends to present a live tutorial, it should be directed to the underlying technology (rather than argument related to infringement or validity).

A final pretrial conference will be held after dispositive motions are ruled upon.

Daubert objections must be filed by motion no later than the dispositive motions deadline.

Parties must attempt to resolve expert report disputes promptly; unresolved disputes must be raised via the Discovery Dispute Procedure or the objection is waived.

Testimony at claim construction hearing is prohibited without prior court approval.

Interim protective order: confidential documents must be marked and disclosure limited to outside attorneys until a protective order is entered.

All applications to the Court must be made by written motion unless otherwise specified.

Each party shall provide a brief factual summation of the case which should be provided as an attachment, double spaced in 12-point font.

Rule 56 motions cannot be filed more than 10 days before the dispositive motions deadline without court leave.

Pre-motion conference required before filing a Motion to Compel discovery, including meet-and-confer and a conference with the Court.

The Joint Statement should be drafted neutrally and factually (without needless adjectives) so as to best facilitate a filing which will be useful to the Court.

Junior attorneys (associates) may argue with notice to chambers; supervising counsel can supplement their argument.

Oral argument scheduled at Court's discretion; may decide on papers even if requested.

Pro hac vice counsel may use Eastern District's standard admission form.

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