Court Rules
Common questions about Judge Mark A. Kearney's rules

Are courtesy copies required for Judge Mark A. Kearney?

Courtesy copies are required when a filing is > 35 pages. Details: delivery upon filing, by hand delivery. Courtesy copies required for filings over 35 pages, with ECF notation, delivered to Clerk's Office.

View ruleSource: page 2, section I.F

Does Judge Mark A. Kearney require a pre-motion conference or letter before filing a motion?

Judge Mark A. Kearney's rules set a pre-motion procedure for pro hac vice. Oppositions to pro hac vice motions must be filed within one business day of the motion's filing.

View ruleSource: page 4, section J. Pro hac vice motions.

What page or word limits apply to letter before Judge Mark A. Kearney?

Judge Mark A. Kearney's rule states these limits: 2 pages. Correspondence to Chambers is limited to two pages and allowed only in specific circumstances.

View ruleSource: page 1, section I.A

What page or word limits apply to discovery motion before Judge Mark A. Kearney?

Judge Mark A. Kearney's rule states these limits: 3 pages. Short motions for discovery/scheduling disputes are limited to 3 pages or less, double-spaced, 12-point font.

View ruleSource: page 8, section III. A. Resolving discovery or scheduling disputes

What formatting rules apply to filings before Judge Mark A. Kearney?

Judge Mark A. Kearney's formatting rule includes double spacing, file format docx, separately numbered, submitted on separate sheet of paper, provide on cd or thumb drive, and accurate quotes and pinpoint citations to cases and pattern jury instructions. Proposed jury instructions must be double spaced, submitted on separate paper, in Microsoft Word format on CD/thumb drive, with accurate citations and separate numbering.

View ruleSource: page 16, section O. Proposed jury instructions and verdict forms

What must be included with appendix filings before Judge Mark A. Kearney?

The rule requires table of contents. Rule 56 appendices must include a table of contents.

View ruleSource: page 11, section C. Appendix

What must be included with filing referencing website filings before Judge Mark A. Kearney?

The rule identifies required filing content or certificates. Filings that reference a website must attach a screenshot of the cited website as an exhibit.

View ruleSource: page 3, section H. References to websites

How may parties contact Judge Mark A. Kearney's chambers?

Parties may contact Judge Mark A. Kearney's chambers by email only as allowed by the rule. Letter requests for rule- or order-mandated extensions of time are prohibited.

View ruleSource: page 1, section I.A

How does Judge Mark A. Kearney handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Mark A. Kearney. Process: file redacted on ecf and file unredacted to chambers. Motions to seal require prior leave except in emergencies; redacted and unredacted copies must be filed appropriately.

View ruleSource: page 2, section I.G

How do I request an adjournment or extension before Judge Mark A. Kearney?

Judge Mark A. Kearney's rules specify what an adjournment or extension request must include. The request must include reason for request. Extension requests must be submitted via motion or stipulation showing good cause.

View ruleSource: page 1, section I.A

Does Judge Mark A. Kearney require motion papers to be bundled?

Yes. Judge Mark A. Kearney requires bundling for covered papers. Parties must prepare a joint exhibit book containing all trial exhibits and a schedule of exhibits.

View ruleSource: page 15, section L. Preparing and admitting exhibits
Complete rules summary for Judge Mark A. Kearney

Rule 56 appendices must include a table of contents.

Chambers contact email, phone number, and fax number are provided for official communications.

Telephone inquiries should be directed to Courtroom Deputy Ulrike Bower with a copy to Chambers email.

Extension requests must be submitted via motion or stipulation showing good cause.

Letter requests for rule- or order-mandated extensions of time are prohibited.

Counsel may not send copies of correspondence between themselves to Judge Kearney.

Correspondence to Chambers is limited to two pages and allowed only in specific circumstances.

Unsolicited communications are prohibited unless pre-approved by Judge Kearney.

Telephone conferences are scheduled by Chambers, who will notify counsel of date and time.

Pro se parties are prohibited from telephone communications unless approved by Judge Kearney with ESR present.

Counsel and parties may not communicate with law clerks or interns unless directed by Judge Kearney.

All papers required by Federal or Local Rules must be filed electronically via ECF.

Courtesy copies required for filings over 35 pages, with ECF notation, delivered to Clerk's Office.

Motions to seal require prior leave except in emergencies; redacted and unredacted copies must be filed appropriately.

Courtesy copy of motion to seal and sealed documents must be emailed to Chambers contemporaneously with filing.

Emergency redacted filings require immediate courtesy copy of unredacted documents to Chambers.

In camera hearings are scheduled for motions to seal extensive materials, requiring trial counsel to appear and show cause for each line of material to be sealed.

Filings that reference a website must attach a screenshot of the cited website as an exhibit.

Pro hac vice motions must be filed by an eligible attorney and include required content regarding the admission request.

Pro hac vice motions must be accompanied by a sworn affidavit from each applicant detailing bar admission, standing, disciplinary history, rule compliance, and post-admission communication obligations.

Oppositions to pro hac vice motions must be filed within one business day of the motion's filing.

All filings must be signed by local counsel.

Parties must file a comprehensive Rule 26(f) joint report compliant with the provided form at least one day before the initial pretrial conference, unless waived for good cause.

Threshold motions (dismiss, strike, remand, etc.) must include a signed certificate of conference from movant’s trial counsel, exempting pro se parties.

Motions to amend pleadings must identify all parties' positions and attach the proposed amended pleading with changes blacklined or highlighted.

Amended pleadings filed under Fed. R. Civ. P. 15(a)(1) must attach an exhibit with a blacklined or highlighted copy showing changes.

Parties must adhere to scheduling orders unless good cause exists; trial date extensions require extraordinary circumstances.

Stipulated continuances or extensions may be approved if they do not affect the trial date.

For contested continuances opposed by a non-incarcerated party, the movant must state the basis, detail other parties' positions, and include a proposed order.

Contested continuance motions must include a proposed order.

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