The rule limits courtesy-copy delivery rather than stating a blanket requirement before Judge André Birotte Jr.. Courtesy/chambers copies are no longer required and should not be sent.
Judge André Birotte Jr.'s rules set a pre-motion procedure for rule 56. Extended briefing schedule for summary judgment motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.
Judge André Birotte Jr.'s rule states these limits: 25 pages; 15 pages. Motion memoranda limited to 25 pages; replies limited to 15 pages.
Judge André Birotte Jr.'s rule states these limits: 10 pages; 10 pages. Motions in limine limited to 10 pages; no replies allowed.
Judge André Birotte Jr.'s formatting rule includes times new roman font, 14 point type. Times New Roman 14pt or Courier 12pt font required for motions.
The rule requires fax number, phone number, and email address. All filings must include counsel's contact information.
The rule requires proposed order and legal argument. Proposed orders required with any court order request, must follow template format and specific formatting rules.
Parties may contact Judge André Birotte Jr.'s chambers by email only as allowed by the rule. No status inquiries to chambers staff.
Requests should be made at least 6 weeks in advance when this rule applies before Judge André Birotte Jr.. The request must include reason for request, original date, and proposed new dates. Motion to compel must be discussed with opposing counsel at least 6 weeks before discovery cut-off.
Yes. Judge André Birotte Jr. requires bundling for covered papers. Cross-motions for summary judgment should use 3-brief or 4-brief approach with specified page limits instead of separate motions.
Yes. Judge André Birotte Jr.'s rules include a junior lawyer participation incentive. Junior counsel (under 7 years) may increase likelihood of oral argument if notice is filed 7 days before hearing.
Courtesy/chambers copies are no longer required and should not be sent.
Footnotes must match body font/size and citations must be in body text.
No status inquiries to chambers staff.
All filings must include counsel's contact information.
Junior counsel (under 7 years) may increase likelihood of oral argument if notice is filed 7 days before hearing.
Proposed orders required with any court order request, must follow template format and specific formatting rules.
MS Word files of proposed orders must be emailed to chambers; PDF not acceptable; stipulations/ex parte applications must also be emailed.
Stipulations encouraged for routine matters; must include good cause declaration and proposed order; not effective until court orders.
Calendar conflicts must be reported to opposing counsel and CRD via chambers email.
Motion memoranda limited to 25 pages; replies limited to 15 pages.
Times New Roman 14pt or Courier 12pt font required for motions.
Case citations must use Bluebook format with pinpoint citations.
Statutory citations must follow Bluebook and specify sections/subsections.
Motions to dismiss can often be avoided through meet and confer under Local Rule 7-3.
Motions to amend must comply with Local Rule 15-1 and include specific requirements.
Motions for default judgment must include evidence and a full proposed order addressing Local Rule 55-1 and Eitel factors.
Summary judgment motions must comply with Local Rule 56 (revised June 1, 2023).
No party may file more than one Rule 56 motion without leave of court.
Extended briefing schedule for summary judgment motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.
Default briefing schedule is minimum; parties may stipulate to extended schedule with at least 2 weeks between reply and hearing.
Cross-motions for summary judgment should use 3-brief or 4-brief approach with specified page limits instead of separate motions.
Local Rule 56 requires Statement of Uncontroverted Facts, Statement of Genuine Disputes, and Response to Statement of Genuine Disputes for summary judgment motions.
Contact chambers only via specified email/phone for appropriate matters; no ex parte contact.
Parties must meet and confer before filing any motion or request for relief (except those in LR 7-3 and 16-12).
Discovery motions must be filed early enough to obtain responses before discovery cut-off.
Motion to compel must be discussed with opposing counsel at least 6 weeks before discovery cut-off.
Proposed FPTCO must be emailed to chambers as Microsoft Word file.
Pretrial documents must be delivered binder-ready with specific formatting.
Most pretrial documents must be emailed as Microsoft Word files to chambers.
Pretrial documents have specific filing deadlines.