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

Hon. Richard W. Story

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) ↗

👤 Judge Story — standing order

Counsel and parties representing themselves are PROHIBITED from engaging in ex parte communications with the Court or the Court’s staff.

Settlement notification
👤 Judge Story — standing order

When all parties to a matter have reached a tentative settlement or agreed to a settlement in principle, but have not yet completed all steps necessary to document the settlement, they should alert the Court to this status by filing a Notice of Settlement that indicates the amount of time needed to complete the settlement process and dismiss the action.

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) ↗

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 ↗

Filing under seal
👤 Judge Story — standing order

For tangible things other than documents, the parties shall deliver the items to Ms. Kemp in chambers along with a proposed order permitting the tangible things to be filed under seal.

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) ↗

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) ↗

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

Each party shall file its documents in text-searchable PDF format. Source ↗

Know Before You Go
👤 Judge Story — deviations that burn people
  • Proposed orders required for consent/unopposed/joint motions AND extension of time motions AND page limit extension motions -- Word version must be emailed to Ms. Kemp separately from the CM/ECF filing.
  • Discovery disputes: oral meet-and-confer required (phone, video, or in person); email or letter alone does not satisfy.
  • Boilerplate and general objections in discovery responses are PROHIBITED and will be disregarded.
  • If you object but still respond, you MUST state whether additional information would have been provided but for the objection -- 'subject to and without waiving' is impermissible without this disclosure.
  • MSJ: simultaneously file the original transcript of each deposition cited; also attach the specific referenced pages; cite page and line numbers in the brief immediately after each deposition reference.
  • MSJ Statement of Material Facts: each party must file its documents in TEXT-SEARCHABLE PDF format, and a response must copy the numbered statement being responded to (with the reply then copying both the statement and the response) before answering -- freestanding responses aren't the format the Court wants.
  • Ex parte communication with the Court or its staff -- by phone, letter, or in person -- is PROHIBITED; put any request to the Court in a written motion instead.
  • Filing under seal: motion to seal + proposed order via CM/ECF, documents provisionally filed per Appendix H -- no paper copies to chambers or the Clerk's Office.
  • Proposed Pretrial Order: witnesses and exhibits not identified in it may not be used at trial absent manifest injustice -- and don't duplicate the Court's own published Background/Qualifying Jury Questions in your proposed voir dire.
  • TRO/PI embedded in the complaint will not be considered -- must be a separate motion; contact Ms. Kemp after filing.
  • Motions in limine and Daubert motions due 14 days before pretrial conference; responses due 7 days before.
  • Junior lawyer policy: Court SHALL grant oral argument if a lawyer < 7 years out of law school will argue a substantial issue (mandatory, not discretionary).
  • Sitting in Gainesville Division (Room 140, 121 Spring Street SE) -- not the Atlanta courthouse.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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