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D. Mass. · Judge Kelley · Practice Guide

Hon. Angel Kelley

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

Drafting the Motion
Length limits — motion, opposition, reply
👤 Judge Kelley — standing order
Motion

Page Limits: Counsel are reminded of the 20-page limit set forth in Local Rule 7.1(b)(4). Any papers exceeding this limit may be filed only with leave of the Court.

Opposition

Counsel are reminded of the 20-page limit set forth in Local Rule 7.1(b)(4). Any papers exceeding this limit may be filed only with leave of the Court.

Reply

A reply shall not exceed ten (10) pages.

Font & formatting
👤 Judge Kelley — standing order

Form and Filing of Papers: Counsel are reminded of the requirements set forth in Local Rule 5.1, requiring, inter alia, double spacing, as well as Local Rule 7.1, concerning general motion practice, Local Rule 37.1, regarding discovery motions, and Local Rule 56.1, governing motions for summary judgment.

Filing & Scheduling
Briefing schedule & hearing date
👤 Judge Kelley — standing order
Notice period

Opposition: An opposition is due within fourteen (14) days of service of the motion, except as to motions for summary judgment, where oppositions may be filed within twenty-one (21) days. See Local Rules 7.1, 56.1.

Chambers / courtesy copies
👤 Judge Kelley — standing order
Standing order

Counsel shall provide one courtesy copy to the Clerk's Office of any electronically filed motion, opposition, or reply, including any supporting documents/exhibits, that exceeds forty (40) pages in length. Courtesy copies shall be double-sided. Courtesy copies must be stamped or otherwise prominently marked as follows: “COURTESY COPY – DO NOT SCAN.” Courtesy Copies shall be delivered to the Clerk's Office within 5 business days of the electronic filing. Counsel shall include exhibit tabs. Litigants proceeding in forma pauperis are exempt from this requirement.

ECF stamp requirements
👤 Judge Kelley — standing order

Courtesy copies must be stamped or otherwise prominently marked as follows: “COURTESY COPY – DO NOT SCAN.”

The Hearing
Oral argument
👤 Judge Kelley — standing order
Default practice

The Court evaluates the need for a hearing on motions to dismiss on a case-by-case basis. While the parties may request a hearing, the Court may decide the motion on the papers alone. Q28: ... A28: The Court evaluates the need for a hearing on summary judgment motions on a case-by-case basis. While the parties may request a hearing, the Court may decide the motion on the papers alone.

Decided on the papers?

Yes — motions decided on the papers without oral argument.

Remote appearances
👤 Judge Kelley — standing order

All proceedings are scheduled for in-person appearances. If the parties wish to appear by video conference for status and scheduling conferences in civil matters, and all parties assent to such change, they may email the courtroom clerk to modify the hearing no later than two business days prior to the scheduled conference.

Discovery
Discovery referral procedure
👤 Judge Kelley — standing order

Typically, do you resolve discovery motions or do you refer them to the magistrate judge? A16: The Court often resolves discovery motions but may also refer them to the magistrate judge.

Discovery dispute procedure
👤 Judge Kelley — standing order

Deadlines: Except for good cause shown, discovery motions must be filed no later than the close of fact discovery or the close of expert discovery, whichever deadline is relevant. The parties may privately agree to continue discovery beyond the court-ordered deadline, but the Court will not entertain any motions related to disputes arising from discovery conducted beyond the Court-ordered deadline.

Form of Papers: Counsel shall be mindful of the requirements set forth in Local Rule 37.1(b). The moving party's memorandum in support of any discovery motion shall include each interrogatory, deposition question, request for production, request for admission, or other discovery matter to be decided by the Court, and the response thereto. The moving party must state its position as to each contested issue, with supporting legal authority, immediately following each contested item.

More from Judge Kelley’s procedures
👤 Judge Kelley — standing order
Argument counsel requirement

Courtroom Opportunities for Relatively Inexperienced Attorneys: The Court strongly encourages the participation of junior associates and other less experienced lawyers in all proceedings (including, in particular, the attorney who wrote the substantial majority of the papers giving rise to the relevant proceeding). The Court will make extra effort to accommodate requests for oral argument by less experienced attorneys, particularly those historically underrepresented in the legal profession. Source ↗

Citation preference

When citing to documents filed on the Court's electronic docket, e.g., the complaint, another party's memorandum, or an exhibit to a prior submission, parties shall use the following citation format to ensure that such citations are recognized by ECF's Citation Links feature: (Doc No. ___). This convention shall be used instead of formats that use the title of the cited document, e.g., the Bluebook format. Source ↗

MSJ limitation

Statement of Material Facts: The moving party shall state its facts in a numbered list. When filing its response to the moving party's statement of material facts, the opposing party shall list the moving party's facts in the same numerical order as presented in the moving papers and shall state its response immediately beneath each numbered fact. The opposing party shall then, in the same document, list any additional material facts in support of its opposition, beginning with the number following the last number appearing in the moving party's statement of material facts. Source ↗

Pre motion procedure

Obligation to Confer: Counsel are reminded of their obligation to confer in good faith to resolve or narrow any issues prior to filing any motion, as set forth in Local Rules 7.1(a)(2) and 37.1. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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