Judge Mark A. Kearney
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Admitted Exhibits
- 1 copy • Email • Before Jury Verdict
Courtesy copies
- Immediately Upon Filing
Exhibits
- 2 copies • Hand Delivery • At Voir Dire
Exhibits, Motions In Limine Motions
- 2 copies • Hand Delivery • Contemporaneous With Filing
Adjournments
- Extension requests must be submitted via motion or stipulation showing good cause.
- 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.
- +2 more
Request must include
- Continuance requests in criminal cases must be filed 14 calendar days before trial, state reasons for request, include defendant-signed consent form and proposed order compliant with Speedy Trial Act; multiple requests may require in-person argument.
Communication
Chambers
Chambers
Phone
Chambers
Phone
Chambers
Fax
Chambers
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits7 rules
Correspondence to Chambers is limited to two pages and allowed only in specific circumstances.
Correspondence, not to exceed two pages, may be emailed, faxed or mailed to Chambers copied to all counsel and unrepresented parties only in the following instances:
Letter
2 pages
Applies to: Attorney
Short motions for discovery/scheduling disputes are limited to 3 pages or less, double-spaced, 12-point font.
Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules, these Policies, and our Orders.
Discovery Motion
3 pages
Applies to: Attorney
Responses to discovery motions are limited to 7 pages, double-spaced 12-point font, and due within 3 days absent a court order.
Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.
Discovery Response
7 pages
Applies to: Attorney
Discovery motions exceeding 3 pages may be up to 7 pages, double-spaced 12-point font, and must include a proposed order.
A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order.
Discovery Motion
7 pages
Applies to: Attorney
Motions are limited to 5 pages, double-spaced, 12-point font.
The motion is limited to five pages of double-spaced twelve-point font and is analogous to a Summary of Argument which also details the requested relief.
Motion
5 pages
Applies to: Attorney
Support/opposition briefs limited to 20 pages; reply briefs limited to 10 pages, double-spaced 12pt.
Memoranda filed in support of, or in opposition to, a motion is limited to twenty pages of double-spaced twelve-point font. Reply briefs, without a proposed order, are permitted without our leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition.
Brief
20 pages
Applies to: Attorney
Reply Brief
10 pages
Applies to: Attorney
Memoranda in support or opposition to Rule 56 motions are limited to 25 pages, double-spaced, 12-point font.
Memoranda in support of, or opposing, a Rule 56 motion is limited to twenty-five pages, double-spaced, twelve-point font attached to the Motion.
Brief
25 pages
Applies to: Attorney
Document Format Requirements6 rules
All papers required by Federal or Local Rules must be filed electronically via ECF.
Counsel shall file all papers required to be filed under the Federal or Local Rules of Civil and Criminal Procedure electronically through ECF.
All Rule 56 appendix pages must be consecutively Bates stamped and referenced by Bates number in motions and briefs.
All pages of the appendix shall be consecutively “Bates stamped” and referenced in the motions and briefs by the Bates number assigned each page.
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.
Proposed jury instructions, separately numbered, shall include a table of contents and be submitted on a separate sheet of paper, double spaced, with accurate quotes from, and pinpoint citations to cases and pattern jury instructions where appropriate. The parties shall also provide the proposed instructions on a CD or thumb drive in Microsoft Word format.
DOCX
Change of plea memoranda must be in Microsoft Word (DOCX) format.
The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
DOCX
PSI reports and sentencing memoranda must be in Microsoft Word (DOCX) format.
Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
DOCX
Motions are not required to be formatted in numbered paragraphs.
The motion does not need to be in a numbered paragraph format.
Document Filing Requirements36 rules
Filings that reference a website must attach a screenshot of the cited website as an exhibit.
Filings referencing a website shall attach a screenshot of the cited website reference as an exhibit.
Document Type
Filing Referencing Website
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.
The motion must also be accompanied by the affidavit of each attorney seeking pro hac vice admission swearing: i. Year and jurisdiction of each bar admission: ii. Status of the attorney’s admission(s), i.e., active or inactive, in good standing, etc.; iii. Whether the attorney has ever been suspended from the practice of law in any jurisdiction or received any public reprimand by the highest disciplinary authority of any bar in which the attorney has been a member; iv. The affiant/declarant (a) has in fact read the most recent edition of the Delaware Rules of Professional Conduct and the Local Rules of this Court and (b) agrees to be bound by both sets of Rules for the duration of the case for which pro hac vice admission is sought; and, v. If granted pro hac vice status, the affiant/declarant will in good faith continue to advise counsel who has moved for the pro hac vice admission of the current status of the case for which pro hac vice status has been granted and of all material developments in the case.
Document Type
Affidavit
All filings must be signed by local counsel.
Judge Kearney requires local counsel sign all filings.
Document Type
Filing
Pro hac vice motions must be filed by an eligible attorney and include required content regarding the admission request.
Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance has been entered in the case in which the motion is made and who confirms his or her continuing obligations under Section I.K. of our Policies below; (3) describing the reasons the client requires this lawyer’s special admission, i.e., what does the applicant offer which cannot be provided by the attorney admitted in our Court; and, (4) reciting the positions of all counsel regarding the motion.
Document Type
Pro Hac Vice Motion
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.
Unless waived for good cause, our scheduling Order will begin discovery and require the parties to file a comprehensive joint report of the Rule 26(f) meeting at least one day before the initial pretrial conference fully compliant with the form provided at https://www.paed.uscourts.gov/judges-info/district-court-judges/mark-a-kearney.
Document Type
Rule 26f Joint Report
Threshold motions (dismiss, strike, remand, etc.) must include a signed certificate of conference from movant’s trial counsel, exempting pro se parties.
Attach a certificate signed by the movant’s trial counsel to the threshold motion confirming the movant meaningfully conferred in good faith with the represented party (does not apply to pro se parties) subject to the anticipated motion including specifically identifying the communications and shared resolution to resolve the issue particularly on motions to dismiss based on the perceived inadequacy of the pleading or venue issues which can often be readily resolved by an amended pleading or stipulated transfer or remand;
Document Type
Threshold Motion
Amended pleadings filed under Fed. R. Civ. P. 15(a)(1) must attach an exhibit with a blacklined or highlighted copy showing changes.
A party filing an amended pleading as a matter of course under Fed. R. Civ. P. 15(a)(1) must attach as an exhibit a blacklined or highlighted copy of the pleading solely to show the changes in the pleading.
Document Type
Amended Pleading
Motions to amend pleadings must identify all parties' positions and attach the proposed amended pleading with changes blacklined or highlighted.
A motion to amend a pleading shall: identify all parties’ positions on the proposed amendments and attach the proposed amended pleading either blacklined or highlighted solely to show the change in the pleading.
Document Type
Motion To Amend Pleading
Contested continuance motions must include a proposed order.
Contested scheduling. If a non-incarcerated party opposes a continuance or extension, the movant may move under Section IIIA. below identifying the basis for the continuance or extension and detail the positions of other parties with a proposed order.
Document Type
Motion
Short discovery/scheduling dispute motions must include an attached proposed order.
Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules, these Policies, and our Orders.
Document Type
Discovery Motion
Discovery dispute motions must include a substantive certification describing the opposing party’s position, with no generalities; failure to do so risks summary denial.
If a discovery dispute cannot be resolved, we expect counsel will provide a substantive, specific, and meaningful certification including describing the opposing party’s position. For example, it is not sufficient to certify “counsel can’t reach opposing counsel”; “reasonable efforts have been made but were unsuccessful”; “counsel have conferred in good faith”; “counsel repeatedly conferred with opposing counsel” or similar generalities. Failure to include a certification or insufficient certification may result in summary denial without substantive consideration.
Document Type
Discovery Motion
Memoranda of law are prohibited in short discovery/scheduling dispute motions unless leave is granted.
The parties may not file a memorandum of law absent leave.
Document Type
Discovery Motion
Discovery motions must be accompanied by a proposed order.
A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order.
Document Type
Discovery Motion
Discovery motions against non-parties must include a certificate of service detailing service method and a cover letter directing the non-party to the Court’s policies.
A party seeking an order compelling discovery compliance from a non-party must attach a certificate of service to the discovery motion describing their simultaneous service of the motion by email, hand delivery, or fax upon the non-party possibly subject to the motion and, in a cover letter, direct the non-party to these Policies on the Court’s website and the obligation to timely respond.
Document Type
Discovery Motion
Motions without party stipulation (except Rule 12/37/56) must include a description of all opposition; failure to do so may result in summary denial.
Counsel seeking relief without a stipulation of all parties and other than under Federal Rules of Civil Procedure 12, 37, or 56, including challenging the admissibility of expert or fact evidence, shall provide a meaningful fulsome description of the opposition to the requested relief as part of the Motion. Failure to recite all parties’ positions may result in summary denial of the requested relief.
Document Type
Motion
All grounds for relief must be combined into a single motion with a proposed order and memorandum; proposed order must reference the motion, docket number, and relief basis.
All grounds for relief must be set forth in a single, comprehensive motion, accompanied by a proposed order and memorandum. The proposed order should specifically refer to the motion, docket filing number, and specific basis for requested relief.
Document Type
Motion
Post-trial motions must comply with Rules 59/60, Local Rule 7.1(e), and order/pay for transcript within 14 days of filing.
A party seeking to challenge trial and pretrial rulings through a timely post-trial motion must strictly comply with Federal Rules of Civil and Criminal Procedure 59 and 60 and with Local Rule 7.1(e) requiring ordering and paying a deposit for the trial transcript required by the court reporter within fourteen days of filing any post-trial motion unless Judge Kearney excuses this requirement for good cause.
Document Type
Post Trial Motion
Parties opposing a motion must attach a proposed order referencing the motion, docket number, and basis for denial.
Parties opposing the motion must attach a proposed order referring to the motion, docket filing number, and specific basis for denying the requested relief.
Document Type
Opposition
Rule 56 appendices must include a table of contents.
The appendix shall include a table of contents.
Document Type
Appendix
Rule 56 movants must file a separate appendix of exhibits and affidavits with the motion.
Upon filing, the movant(s) shall also file a separate appendix of all exhibits or its affidavits which may relate to the issues raised in the motion.
Document Type
Appendix
Respondent may file appendix with opposition, additions Bates stamped from end of movant's appendix, with table of contents.
Should it become necessary for the non-moving party to submit affidavits or additional exhibits, however, it may do so in a respondent’s appendix filed with its Opposition. Any additions to the movant’s appendix shall also be consecutively Bates-stamped, beginning at the page number where the movant’s appendix ended, and shall include a table of contents.
Document Type
Appendix
Cross-movants under Rule 56 must prepare a single joint appendix.
On all cross-motions under Rule 56, the cross-movants must consult before filing to prepare a single joint appendix.
Document Type
Appendix
Statements of material facts for summary judgment must respond to movant's paragraphs, include additional facts, and cite specific record sources.
facts which bear on dispositive material issues shall be included in the Statement of Undisputed Facts. Opposition to a motion for summary judgment shall include a separate filing of a statement of material facts, responding to the numbered paragraphs in the movant’s Statement of Undisputed Facts, which the respondent contends present genuine issues for trial. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment. Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record supporting each of the statements. Each stated fact shall cite the source relied upon, including the page of any document or line and page number of any deposition to which reference is made.
Document Type
Statement Of Material Facts
Oppositions to motions in limine must be in memoranda form.
Oppositions shall be in memoranda form.
Document Type
Opposition
Pretrial memoranda must include stipulations, highlighted deposition testimony, witness substance, and exhibit schedule, per Local Rule 16.1(c).
Unless otherwise ordered by Judge Kearney, the parties shall prepare simultaneous pretrial memoranda meeting the requirements of Local Rule of Civil Procedure 16.1(c), and also include: (1) All stipulations of counsel; (2) Attached highlighted deposition testimony (including videotaped deposition testimony) of admissions or unavailable witnesses which the party intends to offer during its case-in-chief. The pretrial statement should include citations to the page and line number; (3) The substance of the testimony of each witness. Identifying a witness as offering testimony on liability and/or damages without specifics is insufficient; and, (4) A schedule with description of all proffered exhibits.
Document Type
Pretrial Memorandum
Dispositive motions (judgment as matter of law, involuntary dismissal) must be filed and served with a certificate of service.
Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials must be filed and served.
Document Type
Case Dispositive Motion
Proposed jury instructions must include a table of contents.
Proposed jury instructions, separately numbered, shall include a table of contents and be submitted on a separate sheet of paper, double spaced, with accurate quotes from, and pinpoint citations to cases and pattern jury instructions where appropriate.
Document Type
Proposed Jury Instructions
Guilty plea agreements in criminal cases must state the type of plea and include required disclosures.
The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere. The guilty plea agreement also must disclose to the
Document Type
Guilty Plea Agreement
Motions for continuance in criminal cases must be accompanied by a proposed order.
Any such motion must be accompanied by the form of consent to continuance signed by the defendant, as provided by Judge Kearney after receipt of the motion and proposed order which, if approved by Judge Kearney, would grant the relief sought by the motion.
Document Type
Motion
Sentencing memoranda (non-motion) must have copies served on the United States Probation Office.
Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. Counsel shall serve a copy on the United States Probation Office.
Document Type
Sentencing Memorandum
PSR objections must be sent to probation officer in advance of sentencing and not first raised in sentencing memo.
To avoid delay in sentencing, all objections to the Presentence Investigation Report must be sent to the probation officer in advance of sentencing. In no event shall counsel raise objections for the first time in a sentencing memorandum.
Document Type
Psi Objections
Guilty plea memoranda must include specified content and be submitted at least two days before change of plea hearing.
3. The United States must submit a guilty plea memorandum at least two days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea. The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Document Type
Guilty Plea Memorandum
United States must file trial memorandum with specified content one week before trial; defendant may optionally file.
At least one week prior to the trial date, the United States must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’ testimony and any legal issues. The defendant is not required to file a trial memorandum but may do so.
Document Type
Trial Memorandum
Sentencing motion memoranda must set forth all legal authority relied upon by the party.
Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.
Document Type
Sentencing Motion Memorandum
United States must include detailed restitution information in sentencing memo if defendant may be responsible for restitution.
If a defendant may be responsible for restitution, the United States must submit sufficient information in its sentencing memorandum to enable Judge Kearney 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 liability for restitution is joint and several, the United States shall itemize the restitution amount for which each defendant may be responsible.
Document Type
Sentencing Memorandum
Judge Kearney will not consider material not included in the required Rule 56 appendix.
Judge Kearney will not consider material not included in the appendix required by this Policy.
Document Type
Appendix
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for filings over 35 pages, with ECF notation, delivered to Clerk's Office.
Courtesy copies shall only be provided to Chambers for a filing over thirty-five pages and as required under these Policies (e.g. Rule 56 papers) or otherwise requested by Chambers. The courtesy copy shall be the ECF document with the ECF notation at the top of each page, unless otherwise ordered. All courtesy copies are to be delivered to the Clerk’s Office to the attention of Judge Kearney.
Page 2 | I.F
Courtesy copy of motion to seal and sealed documents must be emailed to Chambers contemporaneously with filing.
All motions for leave to seal documents should be filed of record with a courtesy copy contemporaneously emailed to Chambers of the motion and all documents to be sealed.
Page 2 | I.G
Emergency redacted filings require immediate courtesy copy of unredacted documents to Chambers.
If a party files redacted documents in an emergency situation, counsel must immediately provide Chambers with a courtesy copy of the documents without redactions.
Page 2 | I.G
Parties must provide one courtesy copy of all Rule 56 submissions to Chambers within one business day of filing, with ECF number on each page.
The parties shall provide Chambers with one courtesy copy of all Rule 56 submissions by overnight mail or hand delivery to the Clerk’s office to the attention of Judge Kearney within one business day of filing. The parties shall provide copies only of the filed document noted with the ECF document number on each page confirming filing of the entire courtesy copy.
Page 11 | D. Courtesy copy provided to Chambers.
For motions in limine, provide two copies of contested exhibits exceeding 10 pages via hand delivery contemporaneous with filing.
Counsel seeking to preclude admission of specific exhibits based on evidentiary objections shall provide Chambers two copies of the contested exhibits (by hand delivery to the Clerk of Court if exceeds ten pages or by email if less than ten pages) contemporaneous with moving in limine on the challenged exhibits.
Page 12 | B. Motions in limine
Two copies of the joint exhibit book must be delivered to Judge Kearney at voir dire unless all exhibits are presented electronically.
Unless all exhibits are shown electronically, Counsel must deliver two copies of the joint exhibit book for Judge Kearney at voir dire.
Page 15 | L. Preparing and admitting exhibits
Plaintiff's counsel must email an electronic copy of all admitted exhibits to chambers before the jury verdict, unless excused for good cause.
Plaintiff’s counsel shall, unless excused for good cause, email an electronic copy of all admitted exhibits to our Chambers email address (or provide on a disc) before the jury returns with electronic version of the admitted exhibits before the verdict to ensure we preserve exhibits for post-trial review.
Page 15 | L. Preparing and admitting exhibits
PSI reports and sentencing memoranda must be promptly delivered to chambers via email.
Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Page 20 | G. Sentencing 7.
Sealing & Redaction Procedures
Motions to seal require prior leave except in emergencies; redacted and unredacted copies must be filed appropriately.
Except in emergency situations, no documents may be filed under seal without first obtaining leave. All motions for leave to seal documents should be filed of record with a courtesy copy contemporaneously emailed to Chambers of the motion and all documents to be sealed. If a party files redacted documents in an emergency situation, counsel must immediately provide Chambers with a courtesy copy of the documents without redactions. Parties are expected to comply redact personal identifiers without an order.
Page 2 | I.G
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.
We will schedule in camera hearings to address motions to seal extensive materials where trial counsel shall appear and show cause as to each line of material counsel deems warrants precluding public access.
Page 3 | G. Hearings and required scrutiny of proposed sealed or redacted documents
Motions to seal must be narrowly tailored, articulate good cause, and include contemporaneous email of sealed documents to chambers.
Any party seeking to file documents under seal must present the motion (under Section IV. below) as narrowly as possible, articulate good cause consistent with our Court of Appeals’ precedent, and contemporaneously email the documents sought to be sealed to our Chambers.
Page 9 | B. Confidentiality agreements, seal, or protective orders
Protective orders for confidentiality are only entered if statutorily required or for particularized good cause.
Judge Kearney will not enter a protective order on confidentiality unless statutorily required or for particularized good cause, but will enforce private confidentiality agreements as a matter of contract law for good cause shown.
Page 9 | B. Confidentiality agreements, seal, or protective orders
Filing Bundling Requirements
Parties must prepare a joint exhibit book containing all trial exhibits and a schedule of exhibits.
The parties will prepare a joint exhibit book with all exhibits counsel may use at trial based on the rulings along with a schedule of exhibits.
Page 15 | L. Preparing and admitting exhibits
Pre-Motion Conference Requirements
Oppositions to pro hac vice motions must be filed within one business day of the motion's filing.
Thoughtful opposition to a motion for pro hac vice must be filed within one business day of the filing of the motion.
Page 4 | J. Pro hac vice motions.
Responses to discovery motions are due within 3 days absent a court order.
Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.
Page 9 | Discovery motion practice
Memoranda of law related to discovery motions are prohibited without leave of court.
The parties may not file a memorandum of law absent leave.
Page 9 | Discovery motion practice
Non-parties served with discovery motions may respond within 3 days of service unless otherwise ordered.
Non-parties served with motions may respond within three days of service, unless otherwise ordered.
Page 9 | Discovery motions involving non-party witnesses
Reply briefs do not require leave if filed within 7 days of opposition, no proposed order, limited to new issues.
Reply briefs, without a proposed order, are permitted without our leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition.
Page 10 | C. Briefs/legal memoranda
Prompt conferences required for TRO, preliminary injunction, and expedited discovery motions; pretrial injunctive relief hearings must be scheduled within a month, else expedited discovery must be sought first.
Judge Kearney attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service, unless extraordinary imminent harm. Judge Kearney usually handles filed motions for expedited discovery by conference when scheduling the hearing. Judge Kearney expects a party seeking pretrial injunctive relief is prepared to imminently move to a hearing within a month. If not ready for an imminent hearing, the party may seek expedited discovery and Judge Kearney will then set the pretrial injunction hearing.
Page 13
Sentencing motions and supporting memos due 7 days before sentencing, responses due 3 days before, must include legal authority, no replies without leave.
Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.
Page 19 | G. Sentencing 3.
Post-trial memoranda in support may be filed within 30 days of transcript receipt upon showing good cause.
Upon showing good cause based on a need for the transcript to brief the post-trial issues, Judge Kearney may allow the movant to file the memorandum in support of post-trial relief within thirty days of the receipt of the transcript.
Page 10 | D. Post-trial motion procedure
Adjournment & Extension Requirements
Extension requests must be submitted via motion or stipulation showing good cause.
Requests for extension of time to respond to a pleading or motion or a request for the extension of the dates in a scheduling order must be made by motion or stipulation demonstrating good cause which can be reviewed and ruled upon.
Page 1 | I.A
Parties must adhere to scheduling orders unless good cause exists; trial date extensions require extraordinary circumstances.
Unless there is demonstrated good cause in writing to justify a change, the parties are expected to adhere to the schedule contained in Orders setting obligations or, absent an Order, the default dates in the Federal or Local Rules. A request for an extension or continuance of the trial date will not be granted absent extraordinary circumstances.
Page 7 | II. F. Continuances, amendments, and extensions of scheduling
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 scheduling. If a non-incarcerated party opposes a continuance or extension, the movant may move under Section IIIA. below identifying the basis for the continuance or extension and detail the positions of other parties with a proposed order.
Page 7 | II. F. Continuances, amendments, and extensions of scheduling
Continuance requests in criminal cases must be filed 14 calendar days before trial, state reasons for request, include defendant-signed consent form and proposed order compliant with Speedy Trial Act; multiple requests may require in-person argument.
Any request for a continuance must be filed no later than fourteen (14) days in advance of the scheduled trial date. Requests for a continuance must be filed as a motion stating the reasons for the request. Any such motion must be accompanied by the form of consent to continuance signed by the defendant, as provided by Judge Kearney after receipt of the motion and proposed order which, if approved by Judge Kearney, would grant the relief sought by the motion. The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed finding explaining 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. Continuances are strongly discouraged, and, if multiple continuances are sought, counsel may be required to appear in person to argue the matter.
Page 18 | XII. Judge Kearney’s additional procedures in criminal cases. B. Trial continuances
Sentencing continuances are only granted for good cause.
Sentencing will be continued for good cause only.
Page 19 | G. Sentencing 1.
Stipulated continuances or extensions may be approved if they do not affect the trial date.
Stipulations. Judge Kearney may approve a stipulation for a continuance or extension if the continuance or extension does not affect the trial date.
Page 7 | II. F. Continuances, amendments, and extensions of scheduling
Chambers Communication Rules
Letter requests for rule- or order-mandated extensions of time are prohibited.
Judge Kearney will not accept letter requests for extensions of time set by the Federal or Local Rules or our scheduling Orders.
Page 1 | I.A
Pro se parties are prohibited from telephone communications unless approved by Judge Kearney with ESR present.
Telephone and fax communications by a pro se party are prohibited unless approved by Judge Kearney beforehand and an ESR/Court Reporter is present. Pro se parties may not appear for hearings by telephone unless permitted for good cause, such as incarcerated persons in civil cases.
Page 2 | I.C
Counsel and parties may not communicate with law clerks or interns unless directed by Judge Kearney.
Counsel and parties are not permitted to communicate with the Judge’s law clerks or interns unless specifically directed by the Judge on a particular issue.
Page 2 | I.D
Unsolicited communications are prohibited unless pre-approved by Judge Kearney.
We will not accept unsolicited communications unless pre-approved by Judge Kearney.
Page 2 | I.A
Parties using electronic equipment at trial must submit a letter to chambers no later than one week before trial.
Any party planning to use such equipment must submit a letter to chambers, as early as possible, but no later than one week before trial.
Page 13 | X. Trial Procedure B. Courtroom technology
Change of plea memoranda must be emailed to chambers at the specified address.
The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Page 19 | Rule 11 Plea Agreements
PSI reports and sentencing memoranda must be emailed to chambers at the specified address.
Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Page 20 | G. Sentencing 7.
Counsel may not send copies of correspondence between themselves to Judge Kearney.
Counsel shall not send copies of correspondence among themselves to Judge Kearney.
Page 1 | I.A
Chambers contact email, phone number, and fax number are provided for official communications.
Chambers_of_Judge_Kearney@paed.uscourts.gov 267-299-7680 Fax: 267-299-5023
Page 1 | Header
Telephone inquiries should be directed to Courtroom Deputy Ulrike Bower with a copy to Chambers email.
telephone inquiries should be directed as appropriate to Courtroom Deputy Ulrike Bower at 267-299-7688 or Ulrike Bower@paed.uscourts.gov with a copy to Chambers_of_Judge_Kearney@paed.uscourts.gov
Page 1 | Header
Telephone conferences are scheduled by Chambers, who will notify counsel of date and time.
Judge Kearney may hold telephone conferences. Chambers will notify counsel of the date and time for the telephone conference.
Page 2 | I.B
Telephone conferences with Judge Kearney in criminal cases are only held if counsel requests or Judge Kearney deems appropriate; scheduling is handled by the Courtroom Deputy.
Judge Kearney does not generally hold telephone conferences with counsel in criminal cases, unless counsel specifically requests one or Judge Kearney finds a conference is appropriate. The Courtroom Deputy handles scheduling of criminal matters.
Page 18 | XII. Judge Kearney’s additional procedures in criminal cases. C. Pretrial conferences