Pro hac vice in N.D. Ga. →
judge console · N.D. Ga.
N.D. Ga. · Judge May · Practice Guide

Hon. Leigh Martin May

All local rules for N.D. Ga., integrated with this judge's published requirements.

Get updates when Judge May's procedures change
Before You File
Ex parte applications
🏛 N.D. Ga. local rule

(B) Proper Notice to Adversary. Whenever an attorney desires to confer with a judge or magistrate judge of this Court in chambers with regard to a pending case, the attorney shall first give proper notice to opposing counsel, disclosing the date, hour, and nature of the conference sought, and shall satisfy the district judge or magistrate judge that such notice has been given. Emergency situations in which it is impossible to contact opposing counsel and those situations (other than motions to proceed in forma pauperis) where ex parte motions or applications are contemplated by the Federal Rules of Civil Procedure are excepted from this rule. N.D. Ga. LR 7.5(B) ↗

Contacting chambers
👤 Judge May — standing order

Brittany Poley, the Courtroom Deputy Clerk, is your principal point of contact on matters related to this case. Communications with Ms. Poley should be via email or in writing addressed as follows: Honorable Leigh Martin May ATTN: Brittany Poley Courtroom Deputy Clerk 2167 United States Courthouse 75 Ted Turner Dr., SW Atlanta, GA 30303-3309 Brittany_Poley@gand.uscourts.gov If a telephone call is necessary, you may reach Ms. Poley at 404-215-1514 (direct dial). Please note that Ms. Poley is often in the courtroom, so telephone messages may not be returned for 24 hours. Neither the parties nor their counsel should discuss the merits of the case with Ms. Poley or any of the Court's law clerks.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 N.D. Ga. local rule
Motion

(D) Page and Type Limitations. Absent prior permission of the Court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages. N.D. Ga. LR 7.1(D) ↗

Opposition

(D) Page and Type Limitations. Absent prior permission of the Court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages. N.D. Ga. LR 7.1(D) ↗

Reply

(D) Page and Type Limitations. Absent prior permission of the Court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages. If the movant files a reply, the reply brief may not exceed fifteen (15) pages. N.D. Ga. LR 7.1(D) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 N.D. Ga. local rule
Notice period

(B) Response to Motion. Any party opposing a motion shall serve the party's response, responsive memorandum, affidavits, and any other responsive material not later than fourteen (14) days after service of the motion, except that in cases of motion for summary judgment the time shall be twenty-one (21) days after the service of the motion. N.D. Ga. LR 7.1(B) ↗

Hearing days

(E) Hearings. Motions will be decided by the Court without oral hearing, unless a hearing is ordered by the Court. N.D. Ga. LR 7.1(E) ↗

👤 Judge May — standing order
Hearing days

In accordance with Local Rule 7.1(E), motions are usually decided without oral argument, but the Court will consider any request for hearing.

Chambers / courtesy copies
👤 Judge May — standing order
Details

Parties frequently forward copies of motions or other filings directly to chambers for the Court's convenience. Courtesy copies are not required. If parties want to send courtesy copies, they can be hand-delivered to chambers in Room 2167 on the 21st floor of the Richard B. Russell Federal Building or submitted via regular mail to the attention of the Courtroom Deputy Clerk at the above-provided address. The courtesy copies provided shall be stamped filed with the CM/ECF (Case Management/Electronic Case Filing) header.

Proposed orders
🏛 N.D. Ga. local rule

Unless the Court directs otherwise, all orders, including findings of fact and conclusions of law, orally announced by the district judge in Court shall be prepared in writing by the attorney for the prevailing party. The original order shall be submitted to the district judge within seven (7) days from the date of pronouncement. Copies shall also be provided each party. N.D. Ga. LR 7.3 ↗

👤 Judge May — standing order

For all consent, unopposed, or joint motions, the filing party shall include a proposed order granting the motion.

Filing under seal
👤 Judge May — standing order

For documents filed other than during a hearing or trial, as a general matter, this Court will seal only those items enumerated in the Court's Standing Order 04-02 regarding sensitive information and public access to electronic case files. Absent extraordinary circumstances making prior consultation impractical or inappropriate, the party seeking to file the documents shall first consult with the counsel for the party who designated the document as confidential to determine if some measure less restrictive than filing the document under seal may serve to provide adequate protection. As further clarification, the Court notes that a mere reference or discussion of confidential information does not warrant sealing of the entire document and all attachments to be filed. Instead, the Court is only interested in sealing (or filing in a redacted format) very specific portions of documents that contain or refer to confidential information. The parties should refrain from sealing an entire document when only certain information is confidential. In addition, the Court will normally not seal documents used in open court at a hearing or trial absent extraordinary circumstances.

The Hearing
Oral argument
🏛 N.D. Ga. local rule

(E) Hearings. Motions will be decided by the Court without oral hearing, unless a hearing is ordered by the Court. N.D. Ga. LR 7.1(E) ↗

👤 Judge May — standing order
Default practice

In accordance with Local Rule 7.1(E), motions are usually decided without oral argument, but the Court will consider any request for hearing. If oral argument is requested, the party or parties should specify the particular reasons argument may be helpful to the Court and what issues will be the focus of the proposed argument. Moreover, the Court shall grant a request for oral argument on a contested substantive motion if the request states that a lawyer of less than five years out of law school will conduct the oral argument (or at least a large majority), it being the Court's belief that new lawyers need more opportunities for Court appearances than they usually receive.

Discovery
Discovery referral procedure
🏛 N.D. Ga. local rule

(D) Assignments to a Magistrate Judge. In a case referred to a magistrate judge, the magistrate judge will perform the duties assigned to him or her by the Court or a district judge under Court rule, plan, order or other document. A magistrate judge will perform other duties when those duties are assigned to him or her by the Court or a district judge under Court rule, plan order, or other document. The duties assigned to a magistrate judge by the Court, and the manner of their distribution and assignment, are specified in a standing order of the Court, available in the clerk’s office and on the Court’s website at www.gand.uscourts.gov. N.D. Ga. LR 72.1(D) (assignments to a magistrate judge; distribution of duties set by standing order of the Court) ↗

Discovery dispute procedure
👤 Judge May — standing order

Prior to the filing of a discovery motion (except for unopposed, consent, or joint motions to extend the discovery period), the parties should email the Courtroom Deputy Clerk to request a conference with the Court, as the Court requires the parties to submit their discovery disputes to the Court before formal motions to compel or for a protective order are filed. The movant, after conferring with the respondent in a good faith effort to resolve the dispute by agreement, must send Ms. Poley (with a copy to all counsel of record) a one-page email summarizing the dispute and the relief sought. If the matter is time-sensitive, the movant should make that clear in the email. The Courtroom Deputy Clerk will provide the parties with the avenue by which they may brief the Court on the dispute (generally short, emailed statements), then she will schedule a conference with the Court following the conclusion of the briefing if the Court finds that a conference would be helpful. If the dispute involves an interrogatory or request for production, the text of the request at issue shall be provided in the statement or attached thereto. These disputes are often resolved in a conference with the Court, thus avoiding a delay of discovery. The conference will be recorded by a court reporter. Motions to compel, to quash a subpoena, for a protective order, or for sanctions ordinarily should NOT be filed without a prior conference with the Court.

More from Judge May’s procedures
👤 Judge May — standing order
MSJ limitation

All citations to the record evidence should be contained in each party's brief, not just in the party's statement of undisputed (or disputed) facts. If citing a document that has previously been docketed, the party's citation should include the number of the docket entry where the document appears. Pinpoint citations should provide the page number stamped by the Court's electronic filing system on the heading of the docketed document. For example: Dkt. No. [100] at 20. The party should include in the brief, immediately following a deposition reference, a citation indicating the page and line numbers of the transcript where the referenced testimony can be found. The party should also attach to the brief a copy of the specific pages of the deposition that are referenced in the brief. The party should not attach to the brief a copy of the entire deposition transcript. The entire deposition transcript is to be filed separately under a notice of filing original deposition transcript. Source ↗

Pre motion procedure

Any request for a temporary restraining order or for preliminary injunctive relief must be made by a separate motion. A request for a temporary restraining order or preliminary injunction found only in the complaint will not be considered. After filing an appropriate motion, the movant must contact Ms. Poley to request expedited consideration. Source ↗

Know Before You Go
👤 Judge May — deviations that burn people
  • Email Ms. Poley a 1-page summary before filing any discovery motion -- formal motions filed without this step risk denial.
  • Deposition transcripts must be filed separately as their own docket entries.
  • Citations to the record in briefs must include the ECF docket stamp page numbers, not just document page numbers.
  • TRO/PI requires a separate motion; a request embedded in the complaint is not sufficient.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge May's procedures
Standing order changes, new key traps, and N.D. Ga. practice intelligence.