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: 1 copy, delivery upon filing, by hand delivery. Courtesy copies required for filings over 35 pages or Rule 56 papers.

View ruleSource: page 5, section F. Courtesy copies of ECF filings shall be provided only as directed.

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

The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. Non-compliance with Rule 26(f) meeting results in no input at initial pretrial conference.

View ruleSource: page 9, section B. Rule 26(f) meeting and joint report

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. Excludes proposed order. Short discovery motions limited to 3 pages double-spaced 12-point font.

View ruleSource: page 13, section 1. Limited discovery and all scheduling disputes resolved by short motion.

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

Judge Mark A. Kearney's rule states these limits: 20 pages. Motion memoranda limited to 20 pages double-spaced 12-point font.

View ruleSource: page 14, section C. Briefs/legal memoranda.

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

Judge Mark A. Kearney's formatting rule includes double spacing, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, separately numbered, table of contents, accurate quotes, and pinpoint citations. Proposed jury instructions must be separately numbered, include table of contents, double-spaced with citations.

View ruleSource: page 20, section O. Proposed jury instructions and verdict forms

What must be included with rule 26f report filings before Judge Mark A. Kearney?

The rule requires judge name and case number. Patent non-ANDA cases require phased Markman hearing planning in Rule 26(f) report

View ruleSource: page 2, section Patent non-ANDA cases

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

The rule requires notice of electronic filing. ECF filing required for all counsel.

View ruleSource: page 1, section I.E

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

Parties may contact Judge Mark A. Kearney's chambers by phone only as allowed by the rule. Pro se parties prohibited from telephone communications.

View ruleSource: page 1, section I.C

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. Sealed filings require motion to seal, good cause, and specific email procedures.

View ruleSource: page 5, section G. Required scrutiny of proposed sealed or redacted documents.

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

Requests should be made at least 14 calendar days in advance when this rule applies before Judge Mark A. Kearney. Continuance requests must be filed at least 14 days before trial.

Does Judge Mark A. Kearney encourage junior lawyer participation?

Yes. Judge Mark A. Kearney's rules include a junior lawyer participation incentive. Encouragement for developing trial lawyers.

View ruleSource: page 1, section I.I
Complete rules summary for Judge Mark A. Kearney

Patent non-ANDA cases require phased Markman hearing planning in Rule 26(f) report

Parties must stipulate undisputed facts to avoid unnecessary discovery

Insurance coverage and deductibles must be disclosed in Rule 26(f) report

Rule 26(f) report must confirm compliance with informal disclosure requirements

Rule 26(f) report must describe discovery conducted to date

Parties must disclose need for FRE 502 order.

Parties must address e-discovery procedures, privilege preservation, production format, and costs in Rule 26(f) report.

Parties must indicate agreement on expert witness testimony and deposition needs.

Court requires simultaneous expert report exchange, rebuttal reports, and completion with fact discovery.

All cases referred to Magistrate Judge or private mediation for early settlement; parties must review Local Rule 53.3.

Parties must disclose trial conflicts for lead counsel within 4-8 months.

Parties must state agreement to Magistrate Judge trial referral.

Continuance requests must be filed at least 14 days before trial.

Correspondence permitted only in limited circumstances.

Telephone inquiries and conferences permitted as warranted.

Pro se parties prohibited from telephone communications.

Communication with law clerks or interns prohibited.

ECF filing required for all counsel.

Courtesy copies only when specifically directed.

Sealed/redacted documents require scrutiny.

Website references and AI use have specific requirements.

Encouragement for developing trial lawyers.

Requests for extensions must be made by motion or stipulation with good cause, not by letter.

Limited correspondence (max 2 pages) allowed for specific circumstances only.

Limited correspondence must include specific situation description and opposing party's position.

Unsolicited communications are prohibited unless pre-approved.

Telephone conferences may be held with prior notification.

Pro se parties prohibited from telephone/fax communications unless pre-approved with ESR present.

Courtesy copies required for filings over 35 pages or Rule 56 papers.

Motions to amend pleadings must identify all parties' positions and attach blacklined/highlighted proposed amended pleading.

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