Court Rules
Common questions about Judge Karen Spencer Marston's rules

Are courtesy copies required for Judge Karen Spencer Marston?

Courtesy copies are required for sealed filings and motions. Details: 1 copy, delivery same day, by email. Courtesy copies required for sealed filings (same day email) and motions with >5 pages or >50 pages of exhibits (2 days, hard copy + thumb drive).

Does Judge Karen Spencer Marston require a pre-motion conference or letter before filing a motion?

Judge Karen Spencer Marston's rules set a pre-motion procedure for rule 16. Preliminary pretrial conference scheduled after all defendants appear; lead counsel must attend in person.

View ruleSource: page 8, section II. CIVIL CASES - A. Pretrial Procedures - 2. Rule 16 Conferences

What page or word limits apply to motion before Judge Karen Spencer Marston?

Judge Karen Spencer Marston's rule states these limits: 25 pages; 10 pages; 7 pages. Opening briefs limited to 25 pages, replies to 10 pages, sur-replies to 7 pages

What page or word limits apply to motion in limine brief before Judge Karen Spencer Marston?

Judge Karen Spencer Marston's rule states these limits: 5 pages. Motions in limine briefs limited to 5 pages, double-spaced, 12-point font.

View ruleSource: page 20, section Trial Procedure

What formatting rules apply to filings before Judge Karen Spencer Marston?

Judge Karen Spencer Marston's formatting rule includes file format PDF. All PDF documents must be text searchable

What must be included with memorandum of law filings before Judge Karen Spencer Marston?

The rule requires table of contents and table of authorities. All memoranda of law must include table of contents and table of authorities

What must be included with general filings before Judge Karen Spencer Marston?

The rule identifies required filing content or certificates. Pro se litigants must disclose attorney assistance in filings.

View ruleSource: page 8, section F. Pro Se (Unrepresented) Litigants: Assistance From a Lawyer

How may parties contact Judge Karen Spencer Marston's chambers?

Parties may contact Judge Karen Spencer Marston's chambers by email only as allowed by the rule. Communications with law clerks are prohibited; direct administrative/procedural matters to Courtroom Deputies or Chambers.

View ruleSource: page 5, section A. Correspondence with the Court

How does Judge Karen Spencer Marston handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Karen Spencer Marston. Motions to seal require good cause to be shown.

View ruleSource: page 12, section Sealing

How do I request an adjournment or extension before Judge Karen Spencer Marston?

Requests should be made at least 7 calendar days in advance when this rule applies before Judge Karen Spencer Marston. Reply and sur-reply briefs must be filed within 7 days of the brief they respond to

Does Judge Karen Spencer Marston require motion papers to be bundled?

Yes. Judge Karen Spencer Marston requires bundling for covered papers. Exhibits must be pre-marked, exchanged, and compiled into a joint exhibit book with electronic copy for final pretrial conference.

View ruleSource: page 21, section Preparation of Exhibits

Does Judge Karen Spencer Marston encourage junior lawyer participation?

Yes. Judge Karen Spencer Marston's rules include a junior lawyer participation incentive. Oral argument scheduled at Court's discretion, particularly for dispositive motions; parties may request by letter or in motion

Complete rules summary for Judge Karen Spencer Marston

All PDF documents must be text searchable

All memoranda of law must include table of contents and table of authorities

Courtesy copies section referenced

Page limits section referenced

Communications with law clerks are prohibited; direct administrative/procedural matters to Courtroom Deputies or Chambers.

Emails to court limited to routine matters with no anticipated opposition; responsive letters only at court's request.

Copies of correspondence between counsel should not be sent to the Court.

Court must be promptly advised in writing when any case is resolved.

In civil cases, moving party's counsel initiates phone conferences; in criminal cases, USAO initiates. Contact Deputy Clerk at 267-299-7370 after all parties are present.

Recording of conferences or proceedings, including via AI tools, is prohibited.

Telephone contact with Chambers permitted for scheduling, witnesses, exhibits, discovery disputes, and necessary extensions when written communication is insufficient.

Ex parte communications with Chambers personnel about substantive matters are prohibited.

All counsel must be registered on ECF and file directly onto the system.

Requests for ECF exemption must be made in writing to Judge Marston.

ECF exhibits must be named descriptively, not just “Exhibit A.”

Pro se litigants must disclose attorney assistance in filings.

Failure to disclose attorney assistance constitutes false representation.

Affirmative defenses must have good faith basis; prophylactic defenses prohibited.

Preliminary pretrial conference scheduled after all defendants appear; lead counsel must attend in person.

Discovery may begin immediately without waiting for Rule 16 conference.

Joint status report due 7 days before Rule 16 conference via email.

7-day pre-motion conference required before filing Rule 12(b)(6) motions.

Extension/continuance requests for trial or dispositive motions require 7 days notice or good cause.

TRO/injunction requests require prompt listing and notice to respondent unless emergency precludes it.

Proposed findings of fact and conclusions of law may be required within 24 hours after TRO/preliminary injunction hearing.

Stipulations and proposed orders must be emailed to Chambers, not the Clerk.

Motions to seal require good cause to be shown.

Proposed orders must include specific language about Court's right to modify.

Court may rule without waiting for reply or sur-reply briefs

Certification of pre-motion conference required with Rule 12(b)(6) motion.

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