Policies and Procedures - Revised August 29, 2025

=== Policies and Procedures - Revised August 29, 2025 === Last Updated: August 29, 2025 Policies and Procedures – General Guidance and Civil Matters Judge John F. Murphy United States District Court Eastern District of Pennsylvania 601 Market Street Philadelphia, PA 19106 Tel: 267-299-7510 Fax: 215-580-2312 [email protected] Courtroom 3B Table of Contents 1. Communications with Chambers 2. ECF Filings Generally 3. Extensions of Time 4.

Disclosure Statements and Pro Hac Vice Motions 5. Rule 12 Motions to Dismiss and Amended Pleadings 6. Rule 16 Conferences and Discovery Planning 7. Discovery and Discovery Disputes 8.

Protective Orders, Confidentiality Agreements, and Filings Under Seal – Civil Cases 9. Motions 10. Courtesy Copies 11. Development of Trial Lawyers 12.

Final Pretrial Memoranda and Other Pretrial Matters 13. Objections to Exhibits and Deposition Designations 14. Jury Instructions and Verdict Sheet 15. Final Pretrial Conference 16.

Trial 17. Special Considerations for Bench Trials 18. How to Voluntarily Dismiss Your Case 1. Communication with Chambers All requests and written communication with chambers should be made through an appropriate ECF filing.

Requests for relief should almost always be made by motion. E-mail ([email protected]) or other written communication is permitted only when directed or because of a scheduling emergency. Questions of any type may be directed to: Kerri Christy, Deputy 267-299-7510 We typically hold case conferences by video, using Microsoft Teams. 1 Last Updated: August 29, 2025 2.

ECF Filings Generally All ECF filings must be text-searchable, including exhibits. Within the limits of what the ECF system allows, ECF descriptions and filenames must reflect the contents of the filing (e.g., use “Ex. A - Contract” or “Ex. B - Smith Dep.

Transcript” instead of “Exhibit A”). When referencing a document already on the docket, do so by docket number so that it may easily be retrieved (e.g., DI 12). If the docket entry lacks its own page numbering, use the ECF header page numbers. Do not attach as exhibits any documents that are already on the docket.

You must attach as exhibits copies of any web pages relied upon. Proposed orders should be filed on ECF along with the relevant request for relief, except that complex proposed orders, such as scheduling orders in patent cases or lengthy discovery orders, should also be e-mailed to chambers in Word version to facilitate editing. 3. Extensions of Time Requests for extensions of time must be made by motion or stipulation filed by ECF (and not sent to the Clerk of Court, e-mailed to chambers, or requested by telephone).

Such requests — even if joint or unopposed — must show good cause for proposed extension. Lack of diligence generally defeats good cause. Trial dates certain will not be continued absent an emergency on the criminal docket or a truly extraordinary justification. All requests must be made at least 7 days before the closest relevant deadline or, if made within 7 days, must further justify the last-minute request.

4. Disclosure Statements and Pro Hac Vice Motions Disclosure statements. Immediate adherence to Rule 7.1, especially Rule 7.1(a)(2), is mandatory. Citizenship of a limited liability company, professional corporation, limited partnership, partnership, and unincorporated association is determined by the citizenship of all its members or partners.

Complete disclosure is mandatory. Knowing the definition of citizenship for federal-jurisdiction purposes is mandatory. Pro hac vice. Motions for pro hac vice admission must be made using the Eastern District of Pennsylvania’s form, available on the Court’s website: https:// https://www.paed.uscourts.gov/forms/forms-miscellaneous miscellaneous (under the heading “Motion for Pro Hac Vice Admission”).

2 Last Updated: August 29, 2025 Sponsoring counsel and other associated members of the bar of the Eastern District of Pennsylvania are responsible for the conduct of pro hac vice co-counsel and for the integrity of all representations to the Court. See Rule 11. Absent leave, the presence of at least one member of the bar of the Eastern District of Pennsylvania is required at hearings and trials. 5.

Rule 12 Motions to Dismiss and Amended Pleadings Any Rule 12 motion to dismiss must be accompanied by a certification (preferably filed separately on the docket) that the parties have met and conferred on the substance of the motion, and a statement of each party’s position and reasons for whether or not discovery should proceed while the Rule 12 motion is pending. The parties should take into consideration applicable factors such as: (i) whether the motion addresses all counts of the complaint or has the potential to fully resolve or greatly simplify the case; (ii) the complexity of the motion; (iii) the potential for avoiding wasted time; and (iv) the need for expeditious resolution of the case. Judge Murphy will take the likelihood of success of the motion into consideration but does not require the parties to discuss that beyond the merits briefing itself. If Judge Murphy decides that discovery should commence, we will issue an appropriate order.

The parties are, of course, always free to engage in voluntary discovery. Amended pleadings must always be accompanied by a redline version indicating the amendments that were made. 6. Rule 16 Conferences and Discovery Planning We will schedule a Rule 16 conference either after an answer is filed, or after a Rule 12 motion is filed, if we determine that discovery should proceed while the motion is pending.

Counsel must conduct an initial Rule 26(f) conference as soon as possible, and in any event no later than 21 days before the initial Rule 16 conference. The parties must exchange Rule 26(a)(1) initial disclosures no later than 14 days before the initial Rule 16 conference. The parties must file a joint Rule 26(f) report no later than 7 days before the initial Rule 16 conference. The parties must address at least the topics shown in Judge Murphy’s sample Rule 26(f) report, available on his page on the Court’s website.

Absent leave, lead counsel must participate in the Rule 26(f) conference(s); attend Rule 16 conferences; and be prepared to thoroughly discuss: • all substantive aspects of the merits and goals of the case; • every aspect of the Rule 26(f) report, including the detailed plan for discovery; • any pending motions; • settlement; and • the case schedule. 3 Last Updated: August 29, 2025 7. Discovery and Discovery Disputes Local Rule 26.1 must be followed. Prompt and early discovery is encouraged to make progress in the case and to make discovery planning more realistic and productive.

The vast majority of discovery disputes should be settled by counsel through diligence, civility, and common sense. We expect the parties to have met and conferred in good faith before filing a motion related to a discovery dispute. The Local Rule 26.1 certification should be specific and substantive. Failure to do so will usually bar relief.

When ripe for resolution, discovery disputes must be presented by an appropriate motion. The motion (and any opposition) must include a detailed and specific proposed order setting forth the precise relief requested; only for the simplest of motions is it sufficient to merely state that the motion is granted. Lack of specificity may bar relief. Local Rule 26.1(g) will be enforced promptly whenever applicable.

Otherwise, Judge Murphy will typically order expedited opposition briefing and a conference. When used, privilege logs must provide information sufficient for the opposing party to understand the basis for the assertion of privilege. For claims of privilege covering multiple e- mails, the party asserting privilege must describe the specific e-mails that are being withheld, as opposed only to the e-mail at the top of the e-mail string, and the basis for withholding each e- mail. Where several e-mails are exchanged between individuals, and the same privilege claim applies to all of those e-mails, the party asserting privilege may describe the e-mails collectively, rather than one-by-one.

8. Protective Orders, Confidentiality Agreements, and Filings Under Seal – Civil Cases Judge Murphy will not enter a discovery protective order on confidentiality in a civil case unless statutorily required or for demonstrated good cause, but will enforce private confidentiality agreements as a matter of contract law. See In re Avandia Mktg., Sales Practices & Prod. Liab.

Litig., 924 F.3d 662, 671-73 (3d Cir. 2019). Any proposed protective order must include language to the following effect: “The Court retains the right to allow disclosure of any subject covered by this order or to modify this order at any time in the interest of justice.” Unless it is an emergency, documents may not be filed under seal in a civil case absent leave. Before attempting to file documents under seal, parties should carefully consider whether the purportedly confidential information could simply be omitted, redacted, or made available upon request because it is unessential.

That often-overlooked approach avoids the need to justify sealing. For example, complaints should almost never be filed under seal. 4 Last Updated: August 29, 2025 A party seeking to file documents under seal should follow this procedure: (i) Well ahead of any applicable deadline, move to file under seal, proposing sealed material as narrowly as possible and articulating good cause consistent with applicable precedent. The motion to file under seal should be filed on the public docket by ECF.

Any unredacted documents accompanying the motion should be contemporaneously e- mailed to chambers. The moving party should indicate the consent of opposing counsel. (ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.

(iii) Within 30 days of the filing under seal (or as otherwise ordered), file thoughtfully and narrowly redacted, public versions of the same documents by ECF on the docket. Documents filed under seal should be filed appropriately using ECF. Any documents filed under seal should also be sent to chambers in the same manner as courtesy copies (see section 10, below). Paper copies will not be accepted.

9. Motions Local Rule 7.1 must be followed except where these policies and procedures vary. Reply briefs are encouraged where thought to be helpful; may be filed without leave; and must be filed no later than 7 days after the opposition brief. Judge Murphy may decide a motion at any time after the opposition is filed.

All briefs must be double-spaced, in at least 12-point font with at least 1-inch margins. Footnotes must be in the same font size as the body of the brief. Any brief longer than 10 pages must include a table of contents and table of authorities. Page limits, absent leave: • Opening brief: 25 pages or 6,250 words • Response/opposition: 25 pages or 6,250 words • Reply: 10 pages or 2,500 words Counsel may exceed the page limits (e.g., to include figures or diagrams) without leave if an appropriate word count certification is included.

5 Last Updated: August 29, 2025 Summary judgment motions. Absent leave, a party is entitled to file only one single Rule 56 motion (at the time designated in the scheduling order) that addresses whatever issues the party wishes to raise within the page or word limit. Parties must adhere to the following procedure for summary judgment motions.1 Failure to comply may result in the motion being struck with leave to refile a compliant motion. 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.

Parties shall prepare the statement of facts as follows: • 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; • 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 • The moving party may then respond to any statements or arguments in the responding party’s submission, directly under the relevant paragraph. The result of this process will be a single, consolidated statement of facts that permits us to see each party’s position on each factual assertion in one place. For example, for paragraph 1 in the statement of facts, we will see the movant’s factual assertion and supporting evidence, followed by the respondent’s response, followed by the movant’s reply, before moving to paragraph 2. 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 be filed in conformity with section 2 of these policies and procedures. For motions with voluminous exhibits, we encourage using a single consecutively numbered appendix with a table of contents rather than individual, separately filed exhibits. 1 This guidance was updated on August 29, 2025. It applies to summary judgment motions filed after October 31, 2025.

Extensions to the dispositive motions deadline to allow compliance with this guidance will typically be granted. 6 Last Updated: August 29, 2025 If 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 the parties shall still prepare a single, consolidated set of exhibits. 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. Oral argument.

We order argument on motions when it will be helpful. Requests for argument will almost certainly be granted when the request indicates that a junior lawyer will have a speaking role. See section 11, below. Thoughtful illustrative aids (timelines, highlighted copies of key documents, photographs, etc.) are very welcome.

Slides containing caselaw quotations are of little value. 10. Courtesy Copies For any dispositive motion or brief (e.g., Civil Rule 12, 50, 56) or responsive brief that includes exhibits, counsel must send (by e-mail or file transfer service) a PDF courtesy copy to chambers ([email protected]). The PDF copy should: • be as-filed, i.e., with the ECF notations at the top of each page; • include the main documents and all exhibits in one single PDF file; • use PDF bookmarks for exhibits and for sections in longer documents; • be text-searchable, including exhibits; and • have a file name that reflects the case number, docket number(s), and a description.

In essence, we want an electronic copy of the same complete document that counsel likely keeps in their own files. Do not send paper courtesy copies to chambers unless requested. 11. Development of Trial Lawyers We encourage counsel to assign speaking roles in court to less-experienced lawyers, particularly where the lawyer in question is more familiar with the matter at hand.

We will draw no inference about the importance or merits of a matter from counsel’s decision to involve a junior attorney (or decision not to do so). To the contrary, we will make every appropriate effort to accommodate junior lawyers, including additional time and allowing co-counsel to speak when helpful. To that end, counsel may notify us when a junior lawyer intends to argue. 7 Last Updated: August 29, 2025 Civil Pretrial and Trial Procedures 12.

Final Pretrial Memoranda and Other Pretrial Matters We will typically set a trial date certain and related pretrial deadlines during a case management conference after the close of discovery. Counsel must come to that conference prepared to set both the date for trial and time required for trial. When a party files a summary judgment motion, Judge Murphy may not set the trial date until after resolution of summary judgment, depending on the circumstances. The parties must meet and confer and prepare a single integrated pretrial memorandum.

Absent agreement or order, plaintiff is responsible for the assembly and filing of the memorandum at the time ordered, or otherwise, no later than 14 days before trial. The parties will not submit a trial brief unless requested. The integrated pretrial memorandum must address at least the subjects listed below and include appropriate attachments. Where a joint statement is called for below, separate statements may be provided only to explain an unresolvable dispute.

A. A joint statement of the nature of the action and the basis on which the jurisdiction of the court is invoked; B. A joint statement of the issues to be tried; C. A joint statement summarizing any contested issues of law or pending motions; D. Any stipulations of counsel, including as to basic undisputed facts and facts previously stipulated to in the Rule 26(f) report; E. Each party’s brief statement of facts and contentions as to liability (e.g., claims and defenses); F. Each party’s list of every item of monetary damages claims, including (as appropriate) computations of lost earnings and loss of future earning capacity, medical expenses (itemized), property damages, etc. If relief other than monetary damages is sought, information adequate for framing an order granting the relief sought shall be furnished; G. Each party’s witness list, identifying names, addresses, a substantive summary of the expected testimony, and whether the witness is expected to testify live, by written deposition, or by video deposition; H. Either: (1) each party’s identification — including citations to pages and lines — of deposition testimony that the party intends to offer during its case-in-chief, together with any counter-designations from the other party; OR (2) an explanation of an agreement made between the parties to timely exchange deposition designations, counter- designations, and objections (see section 13, below); I. A joint exhibit list and each party’s exhibit list, identifying documents not only by a trial exhibit number but also by a description, date, and relevant markings (e.g., Bates number or deposition exhibit number, etc.); J. An explanation of how the parties propose to handle witness identification as well as objections to exhibits and deposition designations (see section 13, below); 8 Last Updated: August 29, 2025 K. Each party’s proposed questions for voir dire (including at least a joint list of names that should be screened to determine whether or not the jurors are familiar with the names and how); L. If not already determined by the scheduling order, an estimate of the number of days or amount of time required for trial; M. Any agreements or any other matter pertinent to the case to be tried. After the pretrial conference, the integrated pretrial memorandum shall have the force and effect of a Rule 16(e) final pretrial order except as modified during the conference or in other orders from Judge Murphy. 13. Objections to Exhibits and Deposition Designations The most efficient way to resolve objections to exhibits and deposition designations will depend on the case.

In cases with a compact record and fewer disputes — or for critical disputes that will greatly affect planning for trial — counsel should exchange their objections, meet and confer, and seek resolution from Judge Murphy in a motion in limine or during the pretrial conference. The party advancing the objection is responsible for providing Judge Murphy with the necessary exhibits, highlighted deposition transcripts, or other information necessary to rule. In cases with a more expansive record, where resolving all possible objections is impractical, the parties may agree to a system for identifying specific exhibits and testimony to each other on a rolling basis before and during trial. Following a meet and confer, the parties would then present objections to Judge Murphy with sufficient advanced notice to give Judge Murphy time to rule and the parties time to adapt to the ruling.

The parties should explain their agreement in the pretrial memorandum (see section 12, above). 14. Jury Instructions and Verdict Sheet At the time ordered, or otherwise no later than 7 days before the final pretrial conference, the parties shall file proposed verdict sheets and proposed jury instructions, together with objections, as follows: • Unless otherwise ordered, at least 14 days before the deadline for filing proposed verdict sheets and proposed jury instructions, the plaintiff shall serve on defendant draft jury instructions and a draft verdict sheet, both in Word format. The draft instructions shall include thorough citations to model instructions or other legal authority relied upon. • Defendant shall respond within 7 days by serving on plaintiff a redline version along with explanatory comment bubbles or some equivalent to establish areas of and reasons for disagreement.

9 Last Updated: August 29, 2025 • The parties shall then meet and confer to resolve as many disputes as possible. Finally, by the court’s deadline, the parties shall file a single set of jury instructions and a single verdict sheet, clearly reflecting alternative language using different formatting, brackets, redlining, or the like, and reasons therefore. Objections, citations, and reasoning may be provided in footnotes or Word comment bubbles. For complex issues, the parties may file accompanying briefing.

In addition to filing the jury instructions and verdict sheet on the docket, the parties shall e-mail to chambers the Word versions (with redlines, comment bubbles, and the like included). • Whenever possible, the parties shall adhere to the Third Circuit’s Model Jury Instructions. Variation should be explained with reference to specific legal authority, such as other model jury instructions, caselaw, instructions from other trials, or otherwise. • Each proposed instruction should be numbered consecutively and should start on a new page to facilitate reference, editing, and reordering. • The parties should deliberate over and propose a complete, ready-to-read set of instructions: both preliminary and final instructions; and both standard and case-specific instructions. Judge Murphy regularly uses the Third Circuit’s Model Jury Instructions for standard instructions, but will usually defer to counsel when there is mutual agreement. • Counsel should customize the instructions to the parties or events of the case in a terse and neutral manner so that they may be more easily understood by the jury. We will aim to resolve disputes earlier rather than later, but because the course of the trial may affect the charge, we anticipate that a final charging conference will be necessary in most cases.

15. Final Pretrial Conference The final pretrial conference will be scheduled for a time between the filing of the integrated pretrial memorandum and the beginning of the trial. At the conference, counsel must be prepared to discuss all aspects of the memorandum; any pending motions; any objections that have been raised; the jury instructions and verdict sheet, if they have been filed; how exhibits will be handled and other trial logistics; and any other aspect of trial planning. If counsel want a court reporter for trial rather than an audio recording, they must raise that with chambers well before the pretrial conference.

10 Last Updated: August 29, 2025 16. Trial Once a trial date certain has been set, continuances will be granted only for truly extraordinary reasons. Parties are welcome to contact chambers to schedule time to visit the courtroom, test equipment, and the like. We typically try cases in courtroom 3B, which is an electronic courtroom.

If the parties intend to bring anything larger than laptops, they must contact us at least two weeks before trial so arrangements can be made. Below are several miscellaneous guidelines for trial. We appreciate that not every trial is the same, and where counsel agree on a different approach, they are encouraged to raise their needs with us in advance of trial. • Judge Murphy uses a version of the struck jury method and will typically aim to seat eight jurors. First, drawing on the suggestions of counsel, Judge Murphy will ask the jurors a series of yes-or-no questions.

Second, jurors who answered yes to any question will be called individually to sidebar for follow up. In special situations, counsel may be invited to ask follow-up questions as well. Judge Murphy will rule on cause or hardship for each juror immediately after he or she returns to the gallery. Third, from the list of remaining jurors, each side will independently exercise three peremptory strikes and return those privately to Judge Murphy.

No additional strikes will be granted if the parties’ selections overlap. Fourth, Judge Murphy will then seat the jury from all those who remain, starting with the lowest juror number and working up. • Absent objection, Judge Murphy permits jurors to take notes. Juror binders are encouraged but must be approved in advance. • Typical trial days will run 9 a.m. to 4:30 p.m. (Four 90-minute blocks with 15-minute breaks and a one-hour lunch). • The parties are not required to provide the Court in advance with a complete set of exhibits from the exhibit lists, but may do so if the record is small enough to make that an efficient approach. In larger cases, it will be better to have several paper copies handy of exhibits and illustrative aids actually used to facilitate discussion of objections in the courtroom as needed. • Absent agreement of the parties, exhibits must be offered into evidence through a witness, who must at least be shown the exhibit.

Absent agreement or leave, exhibits may not be published to the jury (e.g., on an illustrative aid) until after they have been admitted into evidence. Once admitted, counsel may publish exhibits to the jury without requesting to do so. 11 Last Updated: August 29, 2025 • Illustrative aids may be admitted in evidence only by agreement of the parties. Illustrative aids may be used during opening statements only absent objection and by agreement of the parties.

Illustrative aids should be referenced by an exhibit number and those actually shown to the jury should be docketed for preservation of the record. • The parties are responsible for working together to keep track of admitted exhibits. Any disagreement as to the admitted exhibit list should be raised to the court immediately. Admitted exhibits, and a list of the same, shall be uploaded to the docket at the conclusion of the trial. • Counsel must make every effort to avoid consuming the jury’s time with objections by resolving disputes in advance of trial or during a break. When the jury is present, objections must be stated as briefly as possible.

Sidebars, while sometimes unavoidable, are disruptive. • Motions for JMOL must be summarized briefly on the record, and may be submitted in writing if counsel wishes. • Summations will typically follow the jury charge. • Absent objection, juries will be provided with the complete written jury instructions and will have access to any admitted exhibit upon request. Juries will not have access to illustrative aids absent agreement or order of the court. 17. Special Considerations for Bench Trials Bench trial days will be determined on a case-by-case basis.

Judge Murphy is open to discussing ways to save time as may be appropriate for the needs of the case. Typically Judge Murphy will prefer to take evidentiary objections under advisement but will provide rulings during trial for compelling reasons. Counsel should plan to submit any video deposition testimony to Judge Murphy electronically, both in written transcript and video format. It is unlikely that we will use courtroom time to watch deposition videos.

We may require proposed findings of fact and conclusions of law. Counsel should prepare and pay for prompt transcripts. A schedule for the submission of findings/conclusions will be addressed at the conclusion of trial. 12 Last Updated: August 29, 2025 18.

How to Voluntarily Dismiss Your Case Attempts to voluntarily dismiss a case often reflect some confusion. Counsel shall review and adhere to Rule 41 and Local Rule 41.1(b). Absent a scheduling emergency, do not call or send chambers informal correspondence asking us to mark your matter as settled. That accomplishes nothing.

In most cases, you have the following options and no others: (i) (ii) If it is “before the opposing party serves either an answer or a motion for summary judgment,” then plaintiff may file a notice of dismissal under Rule 41(a)(1)(A)(i); At any point, the plaintiff may file “a stipulation of dismissal signed by all parties who have appeared.” Rule 41(a)(1)(A)(ii) (emphasis added in hopes counsel will see it and comply); (iii) An appropriate motion seeking court order. Rule 41(a)(2); or (iv) A request — filed on the docket — for a dismissal under Local Rule 41.1(b) because the case has settled. If you settle your case with the help of a magistrate judge, he or she may also enter the Local Rule 41.1(b) order. 13