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N.D. Ga. · Judge Ross · Practice Guide

Hon. Eleanor L. Ross

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

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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 Ross — standing order

Courtroom Deputy Clerk Michelle Beck is your principal point of contact on matters relating to this case. Neither the parties, nor their counsel should discuss the merits of the case with Mrs. Beck or any of the Court's law clerks. Mrs. Beck is oftentimes in the courtroom and may not return a call for up to 24 hours. Mrs. Beck's contact information is as follows: Michelle Beck Richard B. Russell Federal Building 2211 United States Courthouse 75 Ted Turner Drive, SW Atlanta, GA 30303-3309 (404) 215-1524 Michelle_Beck@gand.uscourts.gov Counsel and pro se parties are prohibited from engaging in ex parte communications with the Court or the Court's staff. "Ex parte communications" mean any form of contact with the Court outside the presence of the opposing party or opposing party's counsel. This includes, but is not limited to, telephone calls, written correspondence, or in-person contact, by one party or party's counsel. If counsel or a pro se litigant seeks court action, the appropriate procedure is to put the request in writing, in the form of a motion, file the motion with the Clerk's office, and serve the opposing party or party's counsel.

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) ↗

👤 Judge Ross — standing order
Opposition

Objections to a Magistrate Judge's Report and Recommendation and Responses to those Objections shall be limited to fifteen (15) pages, absent special permission of the Court. Said objections and responses shall also comply with the formatting requirements of Local Rule 5.1, NDGa.

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 Ross — standing order
Hearing days

In accordance with the Court's Local Rules, motions are usually decided without oral argument, but the Court will consider any request for hearing if the party or parties requesting oral argument, specify the particular reasons argument may be helpful to the Court, and what issues will be the focus of the proposed argument.

Chambers / courtesy copies
👤 Judge Ross — standing order
Details

Except for emergency motions filed pursuant to Local Rule 7.2(b), the delivery of a hard copy of a document, in addition to the electronically filed copy, is not necessary, as the Court prefers to rely on its electronic access to court filings.

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 Ross — standing order

For all consent, unopposed, or joint motions, the filing party shall include therewith a proposed order granting the motion. The proposed order shall be filed as an exhibit or attachment for all such motions.

Filing under seal
👤 Judge Ross — standing order

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. It is the general policy of this Court not to allow the filing of documents under seal without a Court order, even if all parties consent to the filing under seal. To request to file material under seal, the parties should follow the procedures provided in Section II(J) of Appendix H to the Court's Civil Local Rules, available on the Court's website.

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 Ross — standing order
Default practice

In accordance with the Court's Local Rules, motions are usually decided without oral argument, but the Court will consider any request for hearing if the party or parties requesting oral argument, 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 consider granting a request for oral argument on a contested, substantive motion if the request states than an attorney who is less than five (5) years out of law school will conduct the oral argument on at least one substantial issue in the case, it being the Court's belief that young attorneys 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 Ross — standing order

The parties shall not file discovery motions (including motions to compel, motions for protective order, motions for sanctions) without prior permission from the Court. These disputes may often be resolved in a conference, resulting in less delays of discovery. In the event a discovery dispute arises, the parties are required to meet and confer in an effort to resolve the dispute. Counsel or pro se litigants are required to confer--by telephone or in person--in good faith before bringing a discovery dispute to the Court. See Fed. R. Civ. P. 26(c) and 37(a)(1); LR 37.1A, NDGa. The duty to confer is NOT satisfied by sending a written document, such as a letter, email, or fax, to the adversary, UNLESS repeated attempts to confer by telephone or in person are unsuccessful due to the conduct of the adversary. If the dispute cannot be resolved, the parties shall electronically file on the docket a Consolidated/Joint Discovery Statement outlining their positions on each of the discovery items in dispute. The Consolidated Statement should conform to these guidelines: I. Page Limits: a. For 4 or less issues: 6 pages b. For 5-10 issues: 10 pages c. For more than 10 issues: 12 pages II. Formatting: The statement should be formatted in a logical order, i.e., identify each issue in dispute followed by a discussion from each of the parties setting forth an explanation of its respective position on the issue. III. Attachments: The parties are required to attach as an exhibit to the Consolidated Statement an excerpt of the relevant discovery requests including only the language of the specific requests and, potentially, the disputed responses, that are the subject of the dispute. The Court will determine whether the dispute can be resolved on the papers or whether a conference is necessary and will notify the parties accordingly. All discovery conferences will be recorded by a court reporter.

More from Judge Ross’s procedures
👤 Judge Ross — 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, and each party must also include in the brief, immediately following the citation to the record evidence, the paragraph number(s) of the statement of undisputed (or disputed) facts where the fact stated can be found. Thus, for example, 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 as well as the paragraph number of the relevant statement of undisputed (or disputed) fact. When filing a brief in support of or in opposition to a motion for summary judgment, the party shall also file, as a separate docket entry, an electronic copy of the complete transcript of each deposition referenced in the brief. Neither the original transcript nor any paper copies of the deposition should be filed with the Clerk or delivered to chambers. Regarding the statement of facts and responses thereto, in addition to following the form instructions set out in Local Rule 56.1(B), NDGa, a party responding to a statement of material facts shall copy into its response document the numbered statement to which it is responding and provide its response to that statement immediately following. Each party shall file its documents in a text-searchable PDF format. Statements of material fact that do not conform to these instructions may be returned to counsel for revision. Source ↗

Pre motion procedure

Any request for a temporary restraining order or for preliminary injunctive relief must be made by a separate motion and conform to Fed. R. Civ. P. 65. See LR 7.1A(1), NDGa. A request for a temporary restraining order or preliminary injunction found only in the complaint will not be considered at the time the complaint is filed and the request will be considered when the merits of the case are addressed. After filing a motion for a temporary restraining order or a preliminary injunction, the movant must contact Mrs. Beck to request expedited consideration of the motion; otherwise, the motion will be treated as a non-emergency matter. Source ↗

Know Before You Go
👤 Judge Ross — deviations that burn people
  • Discovery disputes require a Consolidated/Joint Discovery Statement with structured party-position format filed on the CM/ECF docket -- not a letter or standalone motion.
  • Statement page limits are tiered: 6 pages for 1-4 issues, 10 pages for 5-10, 12 pages for 10+.
  • No discovery motions without prior court permission.
  • R&R objections capped at 15 pages.
  • Motions in limine: 21 days before pretrial; responses due 9 days after filing; replies due 5 days after responses.
  • Must request permission before approaching a witness or the bench.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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