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D. Mass. · Judge Stearns · Practice Guide

Hon. Richard G. Stearns

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

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

Absent pre-approval from the court in exceptional circumstances, the parties will be permitted to submit one summary judgement motion of no more than 30 pages.

Reply

Do you typically allow reply briefs and/or surreply briefs? A25: Only with leave of court. Q26: ... A26: Yes, ten pages or less.

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Stearns — standing order
Standing order

In addition, parties will submit paper courtesy copies of electronic documents relating to Markman filings, discovery disputes, or dispositive motions, oppositions, replies or sur-replies (including all affidavits and exhibits) that exceed twenty pages in length. The courtesy copy shall be stamped “Courtesy Copy for the Court: DO NOT SCAN.”

ECF stamp requirements
👤 Judge Stearns — standing order

The courtesy copy shall be stamped “Courtesy Copy for the Court: DO NOT SCAN.”

Filing under seal
👤 Judge Stearns — standing order

In complex (such as patent, trade secret, securities fraud) cases where the parties reasonably believe a protective order is necessary to preserve the confidentiality of documents and information produced in discovery, until such a time that the parties propose and the court adopts a stipulated protective order (or present competing proposals for the court's decision), the court will impose the following the default protective order. Documents and information that either party in good faith believes is confidential may be produced in discovery with the designation “Confidential Pursuant to the Court's Default PO,” and until such a time the designation is altered or removed by the parties' agreement or by court order, a so-designated document may only be accessed by the parties' outside counsel and the court and their personnel.

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

Do you typically hold a hearing on motions to dismiss? A27: No, unless a review of the filings indicate a hearing will be helpful. Q28: ... A28: Only if, based on a review of the papers, a hearing will be helpful. If a hearing is scheduled, the court will entertain counsel's request for it to be heard via Zoom/video conference.

Decided on the papers?

Yes — motions decided on the papers without oral argument.

Remote appearances
👤 Judge Stearns — standing order

The court will permit non-evidentiary hearings (Rule 11 proceedings and sentencings) to be conducted by video conference if a criminal defendant, with the advice of his or her counsel, is willing to waive personal presence in the courtroom. For civil hearings, the parties may jointly elect to proceed in-person or by video conference. In the event of a dispute, the parties shall submit brief position statements (of no more than 1 page) to the court.

Discovery
Discovery referral procedure
👤 Judge Stearns — standing order

Typically, do you resolve discovery motions or do you refer them to the magistrate judge? A16: I typically resolve them.

Discovery dispute procedure
👤 Judge Stearns — standing order

Do you typically hold a hearing on discovery? A17: No. Q18: ... A18: Timely ruling on the papers.

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

Absent pre-approval from the court in exceptional circumstances, the parties will be permitted to submit one summary judgement motion of no more than 30 pages. Reply briefs are permitted only with leave of court. ... Yes, if the papers exceed 25 pages, I expect courtesy copies delivered to the Clerk's office identifying Stearns Chambers Source ↗

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