Court Rules
Common questions about Judge Edward S. Kiel's rules

Are courtesy copies required for Judge Edward S. Kiel?

Courtesy copies are required when a filing is > 40 pages. Details: 2 copies, delivery upon filing, by mail. Two courtesy copies of filed papers over 40 pages must be mailed to Chambers; exhibits must be tabbed.

View ruleSource: page 1, section Copies

Does Judge Edward S. Kiel require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for rule 12, remand, venue change, rule 56, and compel arbitration. Details: 3 pages, response due in 7 days. Pre-motion letters required for specified motions, max 3 single-spaced pages; response due 7 days, max 3 pages; exemptions for pro se, bankruptcy, social security cases.

View ruleSource: page 2, section Pre-Motion Procedure

What page or word limits apply to pre motion letter before Judge Edward S. Kiel?

Judge Edward S. Kiel's rule states these limits: 3 pages. Pre-motion letters may not exceed 3 single-spaced pages.

View ruleSource: page 2, section Pre-Motion Procedure

What page or word limits apply to pre motion response before Judge Edward S. Kiel?

Judge Edward S. Kiel's rule states these limits: 3 pages. Pre-motion responses may not exceed 3 single-spaced pages, due 7 days after letter receipt.

View ruleSource: page 2, section Pre-Motion Procedure

What formatting rules apply to filings before Judge Edward S. Kiel?

Judge Edward S. Kiel's formatting rule includes file format PDF and text-searchable. All filed papers must be text-searchable PDF format per Local Civil Rule 5.21(h).

View ruleSource: page 1, section Electronic Submissions

What must be included with pleading filings before Judge Edward S. Kiel?

The rule requires citizenship of members. Unincorporated business organizations are citizens of all states where their members/partners are citizens for diversity jurisdiction purposes.

View ruleSource: page 1, section ORDER CONCERNING THE CITIZENSHIP OF AN UNINCORPORATED BUSINESS ORGANIZATION

What must be included with rico case statement filings before Judge Edward S. Kiel?

The rule identifies required filing content or certificates. Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

View ruleSource: page 3, section RICO Cases

How may parties contact Judge Edward S. Kiel's chambers?

Parties may contact Judge Edward S. Kiel's chambers by letter ecf only as allowed by the rule. All court communications must be via CM/ECF or telephone; fax, mail, and email are prohibited without permission.

View ruleSource: page 1, section Communications with the Court

How do I request an adjournment or extension before Judge Edward S. Kiel?

Judge Edward S. Kiel's rules specify what an adjournment or extension request must include. The request must include adversary position. Extension requests must be made by letter application indicating whether all parties consent.

View ruleSource: page 3, section Extensions of Time to a Deadline

Does Judge Edward S. Kiel require motion papers to be bundled?

Yes. Judge Edward S. Kiel requires bundling for covered papers. Supporting documents must be docketed as attachments to the primary filing.

View ruleSource: page 1, section Electronic Submissions

Is electronic filing required before Judge Edward S. Kiel?

Yes. Electronic filing is required for the covered filings. All parties except pro se must electronically file all documents via ECF.

View ruleSource: page 1, section Electronic Submissions

When is a filing treated as filed before Judge Edward S. Kiel?

The rule addresses filing timing, filing status, or cure windows. Adversaries must respond to waiver letters within 7 days after receipt.

View ruleSource: page 3, section Patent Cases
Complete rules summary for Judge Edward S. Kiel

Unincorporated business organizations are citizens of all states where their members/partners are citizens for diversity jurisdiction purposes.

Must plead names and citizenships of all members/partners, tracing through layers of unincorporated entities.

Formation state and principal place of business are irrelevant for unincorporated business organization citizenship.

Parties are encouraged to contact Chambers directly

Pre-motion letters may not exceed 3 single-spaced pages.

Pre-motion responses may not exceed 3 single-spaced pages, due 7 days after letter receipt.

Extension requests must be made by letter application indicating whether all parties consent.

Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

All court communications must be via CM/ECF or telephone; fax, mail, and email are prohibited without permission.

Communications with law clerks are limited to procedural questions; substantive matters are prohibited.

Adjournment requests must be submitted at least 5 business days before the hearing, stating all parties' consent.

Two courtesy copies of filed papers over 40 pages must be mailed to Chambers; exhibits must be tabbed.

All parties except pro se must electronically file all documents via ECF.

All filed papers must be text-searchable PDF format per Local Civil Rule 5.21(h).

Supporting documents must be docketed as attachments to the primary filing.

Pro se parties must mail or submit filings to the Clerk’s Office, not Judge Kiel; pro se guide available online.

Pre-motion letters required for specified motions, max 3 single-spaced pages; response due 7 days, max 3 pages; exemptions for pro se, bankruptcy, social security cases.

Leave required to file summary judgment motion before close of fact discovery; leave request requires 3-page letter, opposition due 7 days.

Summary judgment briefs must include a detailed statement of facts, not incorporate LR 56.1 statements by reference.

Summary judgment leave request letter may not exceed 3 pages.

Summary judgment leave opposition letter may not exceed 3 pages, due 7 days after moving letter.

Motions to seal must comply with Local Civil Rule 5.3(c) and include a proposed order and proposed findings of fact and conclusions of law.

The proposed order for a motion to seal must reference the docket entries to be sealed.

Movant must certify whether all parties consent to the motion to seal.

Parties may submit a waiver letter (max 3 single-spaced pages) to seek permission to file summary judgment motion in ANDA patent cases.

Waiver letters for summary judgment motions in ANDA patent cases must include the basis, citations, and issues to be resolved.

Adversaries must respond to waiver letters within 7 days after receipt.

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