Judge Kevin Wein
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
Motions in limine in bench trials require leave; absent leave for good cause, each party may file at most five, motions and responses are limited to four pages each, and replies are not allowed.
- Motion
- Up to 4 pages
Exception
More pages with leave of court
Court's wording
Motions in Limine shall not be filed in bench trials without leave of the Court. Absent leave of Court for good cause shown, each party may file no more than five Motions in Limine. Motions in Limine should address only extremely prejudicial matters, which could result in a mistrial. Motions in Limine should not be filed on routine evidentiary matters. Motions in Limine asking the Court to enforce a particular rule of evidence should not be filed. Motions in Limine are to be no more than four pages in length, and responses are no more than four pages in length. There are no replies.
Document Format Requirements1 rule
Fully drafted proposed forms of order must be submitted with all motions and petitions. Whenever possible please submit proposed forms of order in MS Word to allow for easier editing.
- File type
- Word
- Proposed order
Document Filing Requirements2 rules
Fully drafted proposed forms of order must be submitted with all motions and petitions. Whenever possible please submit proposed forms of order in MS Word to allow for easier editing.
State exactly what order or specific relief the motion requests, preferably at its beginning or end.
Court's wording
Please start or end your motions by telling me EXACTLY what you would like the Court to order. Often, the Court receives motions that do not ask for specific relief and just ask for the Court to do what it thinks is appropriate. The Court is likely to deny these motions.
Filing & Service rules
Filing Bundling Requirements
No party should include more than one motion/petition in a single filing or combine a response/objection and a motion/petition or a reply and a motion in one filing (with the exception of a true cross-motion for summary judgment). This applies to requests for attorneys' fees or sanctions. A separate petition/application/motion should make such requests.
No party should include more than one motion/petition in a single filing or combine a response/objection and a motion/petition or a reply and a motion in one filing (with the exception of a true cross-motion for summary judgment). This applies to requests for attorneys' fees or sanctions. A separate petition/application/motion should make such requests.
Civil cases
Page 1 | Motion Practice
Pre-Motion Conference Requirements
Before involving the Court in a discovery dispute, the parties must confer in person or by phone; if unresolved, they must not file anything and must jointly call the division to arrange a telephonic discovery conference.
The parties or their counsel must speak directly, either in-person or on the phone, with one another BEFORE getting the Court involved in a discovery dispute. If your efforts to resolve the dispute fail, do not file anything. Both parties or counsel shall jointly call this division and set up a telephonic discovery conference. We will make every effort to get you in within a couple of days.
Civil cases
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Replies to motions in limine are not permitted.
Motions in Limine shall not be filed in bench trials without leave of the Court. Absent leave of Court for good cause shown, each party may file no more than five Motions in Limine. Motions in Limine should address only extremely prejudicial matters, which could result in a mistrial. Motions in Limine should not be filed on routine evidentiary matters. Motions in Limine asking the Court to enforce a particular rule of evidence should not be filed. Motions in Limine are to be no more than four pages in length, and responses are no more than four pages in length. There are no replies.
Civil cases
Page 1 | Other Pre-trial Practice Guidelines or Comments
Chambers Communication Rules
Respond promptly to court emails and copy everyone on communications to the Court to avoid ex parte communications.
Myself or my staff will often communicate with attorneys and their staff by email for various reasons. If I or one of my staff members contacts you by email, please respond promptly, even if it is just to acknowledge the email and estimate when you will be able to respond substantively. While I understand email etiquette frowns on a reply to all, in the case of emails from the Court it is essential to avoid ex parte communications. We will never contact just one side and the parties must make sure that everyone is copied on all communications to the Court.
Civil cases
Page 1 | Other Courtroom Policies and Recommendations
For time-sensitive motions, email the division a copy and state the opposing party or counsel’s position, especially for motions to continue.
If you file a motion that is time sensitive, please email the division with a copy and note the opposing part/counsel's position. This is especially true for motions to continue.
Civil cases
Page 1 | Motion Practice
Attorneys may contact the judicial assistant about a problem that could likely be addressed through a brief status conference.
I try to make myself as accessible to the parties as possible. Attorneys may contact my judicial assistant if a problem arises that I would likely be able to address through a brief status conference.
Civil cases
Page 1 | Other Courtroom Policies and Recommendations