judge console · E.D. Pa.
E.D. Pa. · Judge Kearney · Practice Guide

Hon. Mark A. Kearney

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

Before You File
Contacting chambers
👤 Judge Kearney — standing order

Correspondence, not to exceed two pages, may be emailed, faxed, or mailed to Chambers copied to all counsel and unrepresented parties only in the following instances: 1. Counsel are specifically requested by the Court to communicate information by letter; 2. An uncontested request for an extension of sentencing; 3. A scheduling request based on an unanticipated and irreversible personal matter concerning counsel, a party or counsel's immediate family not warranting public access; or, 4. A case, or portions of a case, settled. This limited correspondence must include a specific and candid description of the situation requiring Judge Kearney's attention and the position of the opposing party. Correspondence may be sent by email, fax, or mail to the Chambers' Philadelphia address above. We will not accept unsolicited communications unless pre-approved by Judge Kearney. ... Counsel and parties are not permitted to communicate with the Judge's law clerks or interns on substantive or scheduling matters unless specifically directed by the Judge on a particular issue.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 E.D. Pa. local rule
Motion

Silent on page limits for civil motions. The local rules set no district-wide page limit for motions or supporting briefs. Each judge's individual practices govern; consult the assigned judge's chambers procedures. E.D. Pa. L.R. 7.1 ↗

Opposition

Silent on page limits for opposition briefs. The local rules set no district-wide page limit. Each judge's individual practices govern. E.D. Pa. L.R. 7.1 ↗

Reply

Silent on page limits for reply briefs. The local rules set no district-wide page limit. Each judge's individual practices govern. E.D. Pa. L.R. 7.1 ↗

👤 Judge Kearney — standing order
Motion

Memoranda filed in support of, or in opposition to, a motion is limited to twenty pages of double-spaced twelve-point font. Reply briefs are not required and Judge Kearney may rule before filing of reply briefs if warranted. Reply briefs without a proposed order are permitted without leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition. Briefs in excess of these page limits and sur-reply briefs are not permitted unless leave is granted upon motion.

Opposition

Memoranda filed in support of, or in opposition to, a motion is limited to twenty pages of double-spaced twelve-point font.

Reply

Reply briefs without a proposed order are permitted without leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition. Briefs in excess of these page limits and sur-reply briefs are not permitted unless leave is granted upon motion.

Filing & Scheduling
Briefing schedule & hearing date
🏛 E.D. Pa. local rule
Notice period

Response to motion due within 14 days of service E.D. Pa. L.R. 7.1(c) ↗

Hearing days

Calendar control and other matters affecting the conduct of court business shall be governed by written policy statements on file in the Clerk's Office, which may be adopted or modified by the court in the implementation of the local rules (but not in derogation thereof), and also in the implementation of operating agreements that may be in effect between this court and certain other courts concerning conflicting engagements of counsel, recognition of busy-slips, and the like. E.D. Pa. L.R. 40.3 ↗

Chambers / courtesy copies
👤 Judge Kearney — standing order
Required?

Yes

Details

Courtesy copies shall only be provided to Chambers for a filing over thirty-five pages and as required under these Policies (e.g. Rule 56 papers) or otherwise requested by Chambers. The courtesy copy shall be the ECF document with the ECF notation at the top of each page, unless otherwise ordered. All courtesy copies are to be delivered to the Clerk's Office to the attention of Judge Kearney contemporaneous (as best as possible) with filing.

Proposed orders
🏛 E.D. Pa. local rule

Proposed order required with every motion E.D. Pa. L.R. 7.1(a) ↗

👤 Judge Kearney — standing order

All grounds for relief must be set forth in a single, comprehensive motion, accompanied by a proposed order and an attached memorandum. The proposed order should specifically refer to the motion, docket filing number, and specific basis for requested relief. The motion is limited to five pages of double-spaced twelve-point font and is analogous to a Summary of Argument which also details the requested relief. Parties opposing the motion must attach a proposed order referring to the motion, docket filing number, and specific basis for denying the requested relief.

Filing under seal
👤 Judge Kearney — standing order

Any party seeking to file documents under seal must comply with the Court's Standing Order when timely filing the motion to seal (under Section IV below) before filing the substantive motion (unless impossible due to time exigencies) as narrowly as possible, articulate good cause consistent with our Court of Appeals' precedent, contemporaneously file the sealed records under a "Notice of Sealed Documents in support of [requested relief]" by emailing to ECF_Documents@paed.uscourts.gov, and contemporaneously email the documents sought to be sealed to our Chambers. Counsel must separately analyze the claimed need to preclude public access on a line-by-line basis under our Court of Appeals' analysis in In re Avandia Marketing and guided by Chief Judge Connolly's analysis in In re Storag Etzel GmbH. Judge Kearney will not enter a protective order on confidentiality during discovery unless statutorily required but will enforce private confidentiality agreements as a matter of contract law for good cause shown.

The Hearing
Oral argument
🏛 E.D. Pa. local rule

Oral argument at court's discretion; no automatic right E.D. Pa. L.R. 7.1(f) ↗

Discovery
Discovery referral procedure
🏛 E.D. Pa. local rule

Discovery disputes referred to assigned magistrate judge E.D. Pa. L.R. 72.1 ↗

Discovery dispute procedure
👤 Judge Kearney — standing order

Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules and Local Rule 26.1(g), these Policies, and our Orders. The parties may not file a memorandum of law absent leave. Judge Kearney may resolve the issue before a response unless opposing counsel advises Chambers, by email to Chambers or letter faxed within twenty-four hours of filing, noticing their intent to file a response of three pages or less within forty-eight hours of the motion filing. A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order. The parties may not file a memorandum of law absent leave. Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.

Know Before You Go
👤 Judge Kearney — deviations that burn people
  • 1. No letter requests for extensions: Judge Kearney will not accept letter requests for extensions of time; all extension requests must be by motion or stipulation showing good cause.
  • 2. No contact with law clerks: Counsel and parties may not communicate with law clerks or interns on substantive or scheduling matters unless specifically directed by the Judge.
  • 3. Courtesy copies only for 35+ page filings (or Rule 56 papers): Do not send courtesy copies except as specifically required -- only filings over 35 pages or as required by the Policies.
  • 4. Discovery motions are capped: Short discovery disputes must be presented in 3 pages or less (or up to 7 pages for more complex disputes); no memoranda of law without leave; no reply without leave.
  • 5. Rule 56 appendix is mandatory: Failure to file the required Bates-stamped appendix may result in denial of the motion without prejudice. Respondent's failure may result in the motion being treated as uncontested.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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