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D. Mass. · Judge Kelley · Practice Guide

Hon. M. Page 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

Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions? A22: No.

Opposition

Q22: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions? A22: No.

Reply

Do you typically allow reply briefs and/or surreply briefs? A24: Yes. Q25: If you allow reply and/or surreply briefs, do you impose a page limit? A25: Yes. 5-8 pages.

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

In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF? A23: Yes, only in cases where the filings are voluminous.

Proposed orders
👤 Judge Kelley — standing order

Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so? A12: I would discuss this issue with the parties at their initial scheduling conference. Usually I ask the parties to agree on and propose their own order.

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

Q26: Do you typically hold a hearing on motions to dismiss? A26: depends on the issues involved. Q27: Do you typically hold a hearing on summary judgment motions? A27: depends on the issues involved. Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments? A28: None.

Remote appearances
👤 Judge Kelley — standing order

As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? A74: I routinely conduct status conferences and hearings on motions by zoom. Q76: if there are case events that you routinely conduct in person that you would consider conducting via Zoom, what are those case events and under what circumstances would you consider conducting them via Zoom? A76: I have allowed witnesses to testify by zoom in civil cases when the parties agree.

Discovery
Discovery dispute procedure
👤 Judge Kelley — standing order

Parties are advised to call the courtroom clerk to set up a telephone conference to address the issues before a motion is filed, if they want to do that. They may file letters or joint statements with the court before the telephone conference if they wish. If any party wants to file a motion they may do so but I try to resolve as many issues as I can without having the parties spend time writing motions.

Generally parties are ordered to confer or meet in advance of any scheduled motion hearing in order to narrow the issues; oral argument is then heard on the remaining outstanding issues.

More from Judge Kelley’s procedures
👤 Judge Kelley — standing order
Pre motion conference required

Parties are advised to call the courtroom clerk to set up a telephone conference to address the issues before a motion is filed. Source ↗

Pre motion procedure

Parties are advised to call the courtroom clerk to set up a telephone conference to address the issues before a motion is filed. Source ↗

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