Court Rules
Common questions about Judge O'Brien, Brendan A.'s rules

Are courtesy copies required for Judge O'Brien, Brendan A.?

The rule limits courtesy-copy delivery rather than stating a blanket requirement before Judge O'Brien, Brendan A.. Courtesy copies are only accepted if the judge specifically orders them, submitted per the briefing schedule with the court order attached.

View ruleSource: page 1

Does Judge O'Brien, Brendan A. require a pre-motion conference or letter before filing a motion?

Judge O'Brien, Brendan A.'s rules set a pre-motion procedure for motions. All motions are presented only on CMC dates; if no CMC date is set, they are heard on the Regular Motion Call.

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What page or word limits apply to brief before Judge O'Brien, Brendan A.?

Judge O'Brien, Brendan A.'s rule states these limits: 15 pages; 7 pages. Briefs are limited to 15 pages; reply briefs are limited to 7 pages.

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What formatting rules apply to filings before Judge O'Brien, Brendan A.?

Judge O'Brien, Brendan A.'s formatting rule includes 12 point type, double spacing. All briefs must be typed in 12-point font and double spaced.

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What must be included with hipaa order filings before Judge O'Brien, Brendan A.?

The rule identifies required filing content or certificates. HIPAA authorization orders must state “Order pursuant to HIPAA” in the title and use the Presiding Judge’s approved form; only HIPAA protective orders are routine.

View ruleSource: page 2

What must be included with order filings before Judge O'Brien, Brendan A.?

The rule identifies required filing content or certificates. Failure to provide clerk with orders on the call results in motion stricken or DWP; no order needed if case withdrawn/stricken.

View ruleSource: page 2

How do I request an adjournment or extension before Judge O'Brien, Brendan A.?

Judge O'Brien, Brendan A.'s rules specify what an adjournment or extension request must include. Extensions of time are not granted if prior order exists, no good cause, or sought after due date; such motions go to Regular Motion Call.

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Is electronic filing required before Judge O'Brien, Brendan A.?

Yes. Electronic filing is required for the covered filings. Motions to withdraw attorney with no substitute must be e-filed onto the motion call and are not routine; substitution motions are routine.

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What rule applies to serving all parties before Judge O'Brien, Brendan A.?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. All motions require service: 5 full days by mail (excluding Sundays/holidays), 3 days by hand delivery, 2 full days by fax (valid at 9 AM next business day).

View ruleSource: page 2
Complete rules summary for Judge O'Brien, Brendan A.

All motions are presented only on CMC dates; if no CMC date is set, they are heard on the Regular Motion Call.

Motions to modify, vacate, alter, or extend CMC orders are only heard on CMC dates, not Regular or Emergency Motion Calls.

Briefs are limited to 15 pages; reply briefs are limited to 7 pages.

All briefs must be typed in 12-point font and double spaced.

Oral argument is available upon request, held at 11:30 AM, 1:30 PM, 2:00 PM, or 2:30 PM.

No briefing schedules for specified motions; continue to a day when the judge is present.

Court screens for 191 discovery in summary judgment and 2-619 motions; if needed, case is continued to status date with order stating specific discovery.

Courtesy copies are only accepted if the judge specifically orders them, submitted per the briefing schedule with the court order attached.

Motions to withdraw attorney with no substitute must be e-filed onto the motion call and are not routine; substitution motions are routine.

Emergency motions are signed up at 8:45 AM, heard at 9:00 AM; must be true emergencies, else heard on Regular Motion Call.

All motions require service: 5 full days by mail (excluding Sundays/holidays), 3 days by hand delivery, 2 full days by fax (valid at 9 AM next business day).

Routine motions are held in the courtroom unless noted otherwise on the courtroom door.

Extensions of time are not granted if prior order exists, no good cause, or sought after due date; such motions go to Regular Motion Call.

HIPAA authorization orders must state “Order pursuant to HIPAA” in the title and use the Presiding Judge’s approved form; only HIPAA protective orders are routine.

Failure to provide clerk with orders on the call results in motion stricken or DWP; no order needed if case withdrawn/stricken.

Motions granting leave to amend complaints must state the specifics of the amendment.

Dates in orders must be written out (e.g., December 5, 2006) not as a number of days.

Default motions require proof of notice, proof of service, and military affidavit.

Default motions must include proof of notice, proof of service, and military affidavit.

Focus case management conferences are held on Wednesdays at 11:00 AM.

Pre-trial conferences available 12 PM–3 PM daily, held only if offer made and parties with authority are available; pre-trial memorandums are optional.

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