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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.

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.
Get updates when Judge Kearney's procedures change
Discovery Motions
Who decides discovery disputes in this judge's cases: the judge themself, a referral to a magistrate (always / usually / case-by-case), or a special master?
🏛 E.D. Pa. local rule

In accordance with procedures adopted by the Board of Judges, each district judge shall have an assigned magistrate judge. (p. 50)

Matters shall be referred to magistrate judges at the direction of the district judge to whom the case is assigned. (p. 50)

Local R. Civ. P. 72.1(II)

👤 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.” · Policies and Procedures

“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.” · Policies and Procedures

“Continued issues in deposition may require appointment of a Rule 53 Master to attend and direct deposition concerns at her normal hourly rates after notice to the parties.” · Policies and Procedures

Pre-motion conferral: required? Format (in person / live / written OK)? Who arranges it, deadline, number of attempts? ⚠
🏛 E.D. Pa. local rule

No motion or other application pursuant to the Federal Rules of Civil Procedure governing discovery or pursuant to this rule shall be made unless it contains a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute. (p. 30)

Local R. Civ. P. 26.1(f)

👤 Judge Kearney — standing order

“If a discovery dispute cannot be resolved, Judge Kearney expects the Local Rule 26.1(f) certification will be substantive, specific, and meaningful including describing the opposing party's position.” · Policies and Procedures

“Failure to include a Local Rule 26.1(f) certification or insufficient certification may result in summary denial without substantive consideration.” · Policies and Procedures

What proof of conferral must be filed or stated (certification, letter, dates, participants, duration)? ⚠
🏛 E.D. Pa. local rule

it contains a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute. (p. 30)

Local R. Civ. P. 26.1(f)

👤 Judge Kearney — standing order

“If a discovery dispute cannot be resolved, Judge Kearney expects the Local Rule 26.1(f) certification will be substantive, specific, and meaningful including describing the opposing party's position.” · Policies and Procedures

“For example, it is not sufficient to certify "counsel can't reach opposing counsel"; "reasonable efforts have been made but were unsuccessful"; "counsel have conferred in good faith"; "counsel repeatedly conferred with opposing counsel" or similar generalities.” · Policies and Procedures

“Failure to include a Local Rule 26.1(f) certification or insufficient certification may result in summary denial without substantive consideration.” · Policies and Procedures

Must (or may) the parties get a conference with the court before a written motion (IDC, pre-motion conference, discovery hotline, teleconference)? Required / optional / not offered?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

“Other than as listed below or otherwise directed by Judge Kearney, a request for direction must be made through a pleading, motion, application, or similar filing with service upon all parties.” · Policies and Procedures

“We will not accept unsolicited communications unless pre-approved by Judge Kearney.” · Policies and Procedures

The vehicle and contents for raising a dispute with the court: letter / letter-motion / email / form / joint submission. Joint or unilateral? Page or word limits, required contents, attachments.
🏛 E.D. Pa. local rule

Every motion pursuant to the Federal Rules of Civil Procedure governing discovery (p. 29)

Local R. Civ. P. 26.1(b)

👤 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.” · Policies and Procedures

“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.” · Policies and Procedures

If a written motion is filed: form (joint stipulation, standard motion, letter brief), length, required contents (e.g., verbatim requests and responses), briefing schedule
🏛 E.D. Pa. local rule

Every motion pursuant to the Federal Rules of Civil Procedure governing discovery shall identify and provide, verbatim, the relevant parts of the interrogatory, request, answer, response, objection, notice, subpoena, or depositions in the party’s memorandum. (p. 29)

Counsel may also identify the disputed discovery in an attached exhibit, provided that the exhibit clearly identifies the relevant portions. (p. 29)

Any party responding to the motion shall provide, verbatim, any other part that the party believes necessary to the court's consideration of the motion. (p. 29)

A routine motion to compel answers to interrogatories or to compel compliance with a request for production under Federal Rule of Civil Procedure 34, wherein it is averred that no response or objection has been timely served, need have no accompanying brief, and need have no copy of the interrogatories or Federal Rule of Civil Procedure 34 request attached. (p. 30)

Every motion shall be accompanied by a form of order which, if approved by the court, would grant the relief sought by the motion. (p. 18)

Every motion not certified as uncontested, or not governed by Local Civil Rule 26.1(g), shall be accompanied by a brief containing a concise statement of the legal contentions and authorities relied upon in support of the motion. (p. 18)

Unless the Court directs otherwise, any party opposing the motion shall serve a brief in opposition together with such answer or other response that may be appropriate, within fourteen (14) days after service of the motion and supporting brief. (p. 18)

Counsel are directed to consult each judge’s policies and procedures. (p. 18)

Local R. Civ. P. 26.1(b), 26.1(g), 7.1(a), 7.1(c)

👤 Judge Kearney — standing order

“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.” · Policies and Procedures

“The parties may not file a memorandum of law absent leave.” · Policies and Procedures

“Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.” · Policies and Procedures

“Non-parties served with motions may respond within three days of service, unless otherwise ordered.” · Policies and Procedures

Replies, supplemental memos, sur-replies: allowed? Limits?
🏛 E.D. Pa. local rule

The Court may require or permit additional briefs or submissions if the Court deems them necessary. (p. 18)

Local R. Civ. P. 7.1(c)

👤 Judge Kearney — standing order

“Counsel seeking to file replies or longer motions or responses must move for relief and obtain leave to do so before filing.” · Policies and Procedures

“No reply may be filed without leave.” · Policies and Procedures

Must disputes be filed / heard / decided before the discovery cutoff? Any lead-time requirement?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

Nothing posted.

Is there a hearing? When, how (in person / phone / video), decided on papers?
🏛 E.D. Pa. local rule

Any interested party may request oral argument on a motion. The court may dispose of a motion without oral argument. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Kearney — standing order

“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.” · Policies and Procedures

Emergency / ex parte discovery relief (e.g., disputes during a deposition): allowed? How?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

“Where warranted, Judge Kearney will allow telephone conferences to resolve disputes during depositions where the deposition would otherwise have to be adjourned.” · Policies and Procedures

“Continued issues in deposition may require appointment of a Rule 53 Master to attend and direct deposition concerns at her normal hourly rates after notice to the parties.” · Policies and Procedures

Stated consequences for not following the procedure ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

“Failure to include a Local Rule 26.1(f) certification or insufficient certification may result in summary denial without substantive consideration.” · Policies and Procedures

Hearings & Calendar
When does the judge hear civil motions?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

Nothing posted.

How do you get a hearing date? Self-notice on the motion day, reserve with the courtroom deputy first, or the court sets it? Notice period? Closed dates?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

Nothing posted.

Is there oral argument by default, or is it decided on the papers? Can the court vacate the hearing?
🏛 E.D. Pa. local rule

The court may dispose of a motion without oral argument. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Kearney — standing order

Nothing posted.

How do you request oral argument (or a hearing) if it isn't automatic?
🏛 E.D. Pa. local rule

Any interested party may request oral argument on a motion. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Kearney — standing order

Nothing posted.

Does the judge issue tentative rulings? When and where are they posted, and what do you do if you submit on one?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

Nothing posted.

Can you appear remotely (phone/video)? How and when to request it?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

“While local counsel shall be available by phone and prepared to substantively address fact and legal issues for every case, we also require local counsel to be present in Court (or on the telephone with leave) for a presentation on patent/ANDA, class, collective, qui tam, derivative, multi-party, criminal matters designated as complex or every case designated on the Special Case Management track or transferred to our docket from the Multi District Litigation Panel.” · Policies and Procedures

“We may allow telephonic or video conferences for matters not involving pro se parties who are not in custody.” · Policies and Procedures

“We require conferences involving pro se parties not in custody to be held in the Courtroom unless excused based on extraordinary grounds such as a courthouse closure.” · Policies and Procedures

“We require all scheduling conferences and hearings with pro se parties not in custody to be held in the Courtroom unless excused by Judge Kearney for extraordinary reasons based on Judge Kearney’s schedule” · Policies and Procedures

“Counsel may timely request the proceeding be recorded by the Court if available based on the timeliness of the request.” · Policies and Procedures

Does the judge encourage or guarantee argument by newer attorneys?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

“We encourage trial counsel to assign court presentations to less experienced attorneys unless we require lead counsel's presence (e.g., Rule 16 and settlement conferences).” · Policies and Procedures

“If requested before an argument, we may allow more experienced trial counsel to assist the less experienced attorney arguing the motion, where appropriate during oral argument.” · Policies and Procedures

“We draw no inference from a party's decision not to have a less experienced attorney present the position.” · Policies and Procedures

How do you continue/adjourn a hearing?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

Nothing posted.

Courtroom technology and devices: equipment available; phones/laptops allowed; testing in advance
🏛 E.D. Pa. local rule

No judicial proceedings may be broadcast by radio or television, or filmed by still or motion-picture camera or other electronic device, (p. 52)

Except as provided by any applicable standing court order concerning electronic devices, no cameras, broadcasting mechanisms, or electronic device capable of filming or recording may be brought into, or retained or operated within, any district court courtroom or any hall on the same floor as such courtroom. (p. 52)

Local R. Civ. P. 83.3(a), (b)

👤 Judge Kearney — standing order

Nothing posted.

Stated consequences for hearing-related noncompliance
🏛 E.D. Pa. local rule

No attorney shall, without just cause, fail to appear when that attorney's case is before the court on a call, motion, pretrial proceeding, or trial, (p. 66)

Any attorney who fails to comply with (a) or (b) may be disciplined as the court shall deem just. (p. 66)

Local R. Civ. P. 83.6.1(b), (c)

👤 Judge Kearney — standing order

Nothing posted.

Summary Judgment
How many SJ motions may each party (or side) file, and how do you get leave for more?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

What page limits apply to SJ briefs, where they differ from the general motion limits?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

“Memoranda filed in support of, or in opposition to, a motion is limited to twenty pages of double-spaced twelve-point font.” · Policies and Procedures

“Memoranda in support of, or opposing, a Rule 56 motion is limited to twenty-five pages of text, double-spaced, twelve-point font attached to the Motion with a Table of Contents (not included in the maximum twenty-five pages) if the party raises more than two arguments.” · Policies and Procedures

Do you need the court's permission, a pre-motion conference or letter, a status report, or advance notice before filing?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

Can you move for SJ before discovery closes?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

When must the motion be filed or heard, and on what briefing schedule?
🏛 E.D. Pa. local rule

Unless the Court directs otherwise, any party opposing the motion shall serve a brief in opposition together with such answer or other response that may be appropriate, within fourteen (14) days after service of the motion and supporting brief. (p. 18)

Local Civ. R. 7.1(c)

👤 Judge Kearney — standing order

Nothing posted.

Before filing, must the movant confer with or serve SJ papers on the opponent, and how far ahead?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

“Counsel seeking relief in all matters other than under Rule of Civil Procedure 56 without a stipulation of all parties, including challenging the admissibility of expert or fact evidence, shall comply with the obligations above in II.B. and provide a meaningful fulsome description of the opposition to the requested relief as part of the motion.” · Policies and Procedures

“On all cross-motions under Rule 56, the cross-movants must consult before filing to prepare a single joint appendix.” · Policies and Procedures

What kind of fact statement does the judge want?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

“Any motion filed under Fed. R. Civ. P. 56 shall include a separately filed Statement of Undisputed Material Facts which details, in numbered paragraphs, the material facts the moving party contends are undisputed and entitle the movant to judgment as a matter of law.” · Policies and Procedures

“Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Facts.” · Policies and Procedures

“Opposition to a motion for summary judgment shall include a separate filing of a statement of material facts, responding to the numbered paragraphs in the movant's Statement of Undisputed Facts, which the respondent contends present genuine issues for trial.” · Policies and Procedures

“The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment.” · Policies and Procedures

Is there a cap on the fact statement (and the response)?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

How must the fact statement and responses be laid out?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

“Any motion filed under Fed. R. Civ. P. 56 shall include a separately filed Statement of Undisputed Material Facts which details, in numbered paragraphs, the material facts the moving party contends are undisputed and entitle the movant to judgment as a matter of law.” · Policies and Procedures

“Opposition to a motion for summary judgment shall include a separate filing of a statement of material facts, responding to the numbered paragraphs in the movant's Statement of Undisputed Facts, which the respondent contends present genuine issues for trial.” · Policies and Procedures

“The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment.” · Policies and Procedures

“Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record supporting each of the statements.” · Policies and Procedures

“Each stated fact shall cite the source relied upon, including the page of any document or line and page number of any deposition to which reference is made.” · Policies and Procedures

How do you raise evidentiary objections to the other side's SJ evidence?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

How must SJ evidence be assembled? ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

“Upon filing, the movant(s) shall also file a separate appendix of all exhibits or its affidavits which may relate to the issues raised in the motion.” · Policies and Procedures

“On all cross-motions under Rule 56, the cross-movants must consult before filing to prepare a single joint appendix.” · Policies and Procedures

“All pages of the appendix shall be consecutively "Bates stamped" and referenced in the motions and briefs by the Bates number assigned each page.” · Policies and Procedures

“" The appendix shall include a table of contents.” · Policies and Procedures

“The movant shall make every effort to include all necessary exhibits in the appendix, anticipating the respondent's necessary citations to the fullest good faith extent possible.” · Policies and Procedures

“Should it become necessary for the non-moving party to submit affidavits or additional exhibits, however, it may do so in a respondent's appendix filed with its Opposition.” · Policies and Procedures

“Any additions to the movant's appendix shall also be consecutively Bates-stamped, beginning at the page number where the movant's appendix ended, and shall include a table of contents.” · Policies and Procedures

“Judge Kearney will not consider material not included in the appendix required by this Policy.” · Policies and Procedures

“Failure of the movant to follow this procedure in all respects may result in the denial of the motion without prejudice to be renewed at trial.” · Policies and Procedures

“Respondent's failure to comply in all respects may result in the Court's considering the motion as uncontested.” · Policies and Procedures

Do you file full deposition transcripts or only the cited excerpts?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

In the brief, do you cite the record, the fact statement, or both? Must the brief carry its own statement of facts?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

If the motion or opposition depends on excluding an expert, how and when must the challenge be raised?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

How are cross-motions handled?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

“On all cross-motions under Rule 56, the cross-movants must consult before filing to prepare a single joint appendix.” · Policies and Procedures

Will the judge entertain SJ in a non-jury case?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kearney — standing order

Nothing posted.

What consequences does the judge's own text state for SJ noncompliance? ⚠
🏛 E.D. Pa. local rule

In the absence of a timely response, the motion may be granted as uncontested except as provided under Federal Rule of Civil Procedure 56, or otherwise prohibited by law. (p. 18)

Local Civ. R. 7.1(c)

👤 Judge Kearney — standing order

“Judge Kearney will not consider material not included in the appendix required by this Policy.” · Policies and Procedures

“Failure of the movant to follow this procedure in all respects may result in the denial of the motion without prejudice to be renewed at trial.” · Policies and Procedures

“Respondent's failure to comply in all respects may result in the Court's considering the motion as uncontested.” · Policies and Procedures

Pro Hac Vice
What does PHV admission cost, who pays it, and is it ever waived?
🏛 E.D. Pa. local rule

No admission shall be effective until such time as the fee has been paid, except that any counsel appearing in a case transferred pursuant to an Order of the Judicial Panel on Multidistrict Litigation need not pay such a fee. (p. 56)

Standing Order (Feb. 13, 2023); LCvR 83.5.2(b); form

👤 Judge Kearney — standing order

Nothing posted.

Must PHV counsel associate with local counsel (a member of this court's bar), and who qualifies?
🏛 E.D. Pa. local rule

(a) Except for attorneys appearing on behalf of the United States Government or a department or agency thereof pursuant to Local Civil Rule 83.5(e), any attorney who is not a member of the bar of this court shall, in each proceeding in which that attorney desires to appear, have as associate counsel of record a member of the bar of this court upon whom all pleadings, motions, notices and other papers can be served conformably to the Federal Rules of Civil Procedure and the local rules of this court. (p. 56)

LCvR 83.5.2(a)

👤 Judge Kearney — standing order

Nothing posted.

Who files the PHV motion or application: the applicant, or local or sponsoring counsel?
🏛 E.D. Pa. local rule

(b) An attorney who is not a member of the bar of this Court shall not actively participate in the conduct of any trial or pre-trial or post-trial proceeding before this Court unless, upon motion of a member of the bar of this Court containing a verified application, leave to do so shall have been granted. (p. 56)

LCvR 83.5.2(b)

👤 Judge Kearney — standing order

“The attorney moving for admission of an attorney pro hac vice must:” · Policies and Procedures

“Be admitted to practice in Pennsylvania and in good standing before this Court;” · Policies and Procedures

“Earlier his/her/their appearance in the matter and confirms his/her/their continuing obligations under Section I.K. of our Policies below;” · Policies and Procedures

What proof of good standing is required (a certificate or a sworn statement), from which bars, and how recent?
🏛 E.D. Pa. local rule

C. I state that I am at present a member of the aforesaid bar(s) in good standing, and that I will demean myself as an attorney of this court uprightly and according to law, and that I will support and defend the Constitution of the United States. (p. 2)

The undersigned member of the bar of the United States District Court for the Eastern District of Pennsylvania hereby moves for the admission of _______________________________________________ to practice in said court pursuant to Local Rule of Civil Procedure 83.5.2(b), and certify that I know (or after reasonable inquiry believe) that the applicant is a member in good standing of the above-referenced state and federal court(s) and that the applicant's private and personal character is good. (p. 3)

Court form

👤 Judge Kearney — standing order

“Attach the affidavit of the attorney seeking admission pro hac vice swearing as to:” · Policies and Procedures

“Year and jurisdiction of each Bar admission as well as the lawyer's status i.e., active or inactive, in good standing, etc.;” · Policies and Procedures

What must the PHV motion or application contain, and must (or may not) a particular form be used?
🏛 E.D. Pa. local rule

(b) An attorney who is not a member of the bar of this Court shall not actively participate in the conduct of any trial or pre-trial or post-trial proceeding before this Court unless, upon motion of a member of the bar of this Court containing a verified application, leave to do so shall have been granted. (p. 56)

LCvR 83.5.2(b); court form

👤 Judge Kearney — standing order

“The attorney moving for admission of an attorney pro hac vice must:” · Policies and Procedures

“Describe the reasons the client requires this lawyer's special admission, i.e., what does the applicant offer which cannot be provided by the attorney admitted in our Court;” · Policies and Procedures

“Recite the positions of all counsel regarding the motion.” · Policies and Procedures

“Attach the affidavit of the attorney seeking admission pro hac vice swearing as to:” · Policies and Procedures

“Whether the attorney has ever been suspended from the practice of law in any jurisdiction or received a public reprimand by the highest disciplinary authority of any Bar in which the attorney has been a member;” · Policies and Procedures

“Reading and agreeing to be bound by the most recent edition of the Pennsylvania Rules of Professional Conduct, this Court's Local Rules, and these Policies as amended; and,” · Policies and Procedures

“Good faith assurance of fully advising counsel who moved for the pro hac vice admission of the current status of the case for which pro hac vice status has been granted and of all material developments in the case.” · Policies and Procedures

By when must the PHV motion be filed or granted: before a filing, before a conference, or at the first appearance? Is an oral motion allowed?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

“Motions for pro hac vice admission should be made as soon as possible.” · Policies and Procedures

Must PHV counsel register for ECF (or is it barred), and by when?
🏛 E.D. Pa. local rule

________________ is DIRECTED to request ECF filing access using their PACER Account1. (p. 1)

Court form (proposed order)

👤 Judge Kearney — standing order

Nothing posted.

What must local counsel do once PHV counsel is in the case (attend conferences or hearings, sign filings, know the case, accept service, answer for PHV counsel)?
🏛 E.D. Pa. local rule

At least one associate counsel shall maintain their appearance on the docket until the conclusion of the case or until granted leave to withdraw by the court. (p. 56)

(a) Except for attorneys appearing on behalf of the United States Government or a department or agency thereof pursuant to Local Civil Rule 83.5(e), any attorney who is not a member of the bar of this court shall, in each proceeding in which that attorney desires to appear, have as associate counsel of record a member of the bar of this court upon whom all pleadings, motions, notices and other papers can be served conformably to the Federal Rules of Civil Procedure and the local rules of this court. (p. 56)

LCvR 83.5.2(a)-(b)

👤 Judge Kearney — standing order

“The admission of counsel pro hac vice does not relieve associate local counsel and the attorney moving the admission of responsibility for counsel admitted pro hac vice.” · Policies and Procedures

“Judge Kearney requires local counsel sign all filings.” · Policies and Procedures

“While local counsel shall be available by phone and prepared to substantively address fact and legal issues for every case, we also require local counsel to be present in Court (or on the telephone with leave) for a presentation on patent/ANDA, class, collective, qui tam, derivative, multi-party, criminal matters designated as complex or every case designated on the Special Case Management track or transferred to our docket from the Multi District Litigation Panel.” · Policies and Procedures

Must the PHV motion state the other parties' position or consent, or confer with them first? When may the other side oppose?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

“Thoughtful opposition to a motion for pro hac vice must be filed within one business day of the filing of the motion.” · Policies and Procedures

“Recite the positions of all counsel regarding the motion.” · Policies and Procedures

What consequences does the judge's own text state for PHV problems (revocation of PHV status, denial, a duty to bring in local counsel)?
🏛 E.D. Pa. local rule

No admission shall be effective until such time as the fee has been paid, except that any counsel appearing in a case transferred pursuant to an Order of the Judicial Panel on Multidistrict Litigation need not pay such a fee. (p. 56)

LCvR 83.5.2(b)

👤 Judge Kearney — standing order

Nothing posted.

Are attorneys who live, work, or are barred in this state excluded from PHV and sent to full admission?
🏛 E.D. Pa. local rule

I, _________________________________________ the undersigned, am an attorney who is not currently admitted to either the bar of this court or the bar of the Supreme Court of Pennsylvania, and I hereby apply for admission to practice in this court pursuant to Local Rule of Civil Procedure 83.5.2(b) to represent ________________________. (p. 2)

Standing Order (Feb. 13, 2023); court form

👤 Judge Kearney — standing order

Nothing posted.

Is there a cap on how often an attorney may appear PHV, or a required disclosure of past PHV applications?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kearney — standing order

Nothing posted.

Do government attorneys need PHV admission, and are they exempt from the fee or local counsel?
🏛 E.D. Pa. local rule

(e) Any attorney who is a member in good standing of the bar of the highest court of any state, territory, or the District of Columbia may, without being admitted generally as an attorney of this Court, act as an attorney in this Court on behalf of the United States Government or any of its departments or agencies. (p. 53)

LCvR 83.5(e); 83.5.2(a)

👤 Judge Kearney — standing order

Nothing posted.

Other procedures for Judge Kearney
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
Opposition

Silent on page limits for opposition briefs. E.D. Pa. L.R. 7.1 (silent) ↗

Reply

Silent on page limits for reply briefs. E.D. Pa. L.R. 7.1 (silent) ↗

👤 Judge Kearney — standing order
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.

AI use & disclosure requirements
👤 Judge Kearney — standing order

Filings referencing a website shall attach a screenshot of the cited website reference as an exhibit. Parties and counsel may be subject to sanction should we find false representations including artificial intelligence hallucinations under the Rules of Professional Conduct and Rules of Civil and Criminal Procedure. Parties and counsel are on notice to double-check their citations and reliance on artificial intelligence in a filing to ensure the arguments and citations to authority say what you represent to the Court. keapol.pdf § I.H (Website References and AI Use) ↗

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

(a) Every motion shall be accompanied by a form of order which, if approved by the court, would grant the relief sought by the motion. Every response in opposition to a motion shall be accompanied by a form of order, which, if approved by the court, will deny or amend the relief sought by the 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.

More from Judge Kearney’s procedures
👤 Judge Kearney — standing order
Summary judgment procedure

Any motion filed under Fed. R. Civ. P. 56 shall include a separately filed Statement of Undisputed Material Facts which details, in numbered paragraphs, the material facts the moving party contends are undisputed and entitle the movant to judgment as a matter of law. Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Facts. Opposition to a motion for summary judgment shall include a separate filing of a statement of material facts, responding to the numbered paragraphs in the movant's Statement of Undisputed Facts, which the respondent contends present genuine issues for trial. Memoranda in support of, or opposing, a Rule 56 motion is limited to twenty-five pages of text, double-spaced, twelve-point font attached to the Motion with a Table of Contents (not included in the maximum twenty-five pages) if the party raises more than two arguments. Upon filing, the movant(s) shall also file a separate appendix of all exhibits or its affidavits which may relate to the issues raised in the motion. On all cross-motions under Rule 56, the cross-movants must consult before filing to prepare a single joint appendix. All pages of the appendix shall be consecutively "Bates stamped" and referenced in the motions and briefs by the Bates number assigned each page. The parties shall provide Chambers with one courtesy copy of all Rule 56 submissions by overnight mail or hand delivery to the Clerk's office to the attention of Judge Kearney within one business day of filing. Source ↗

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