Judge Colleen Kollar-Kotelly
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Adjournments
- Motions for extensions or continuances are strongly discouraged, must be filed at least 4 business days in advance, and must include specific grounds, prior extensions, impact statement, proposed schedule, and opposition statement.
Communication
Phone
Chambers
Page & Word Limits2 rules
Support/opposition memoranda limited to 45 pages; reply memoranda limited to 25 pages.
Court's wording
Memoranda of points and authorities filed in support of or in opposition to any motion may not, without leave of the Court, exceed forty-five (45) pages, and reply memoranda may not exceed twenty-five (25) pages, with margins set at one inch and with all text double-spaced (excepting footnotes) and in twelve-point Times New Roman (including footnotes).
If such a motion is filed, it shall not exceed ten (10) pages in length.
- Page limit
- Up to 10 pages
Document Format Requirements4 rules
All documents must be filed electronically in searchable PDF format, with exceptions for sealed cases and pro se parties.
- File type
Formatting
- •Text searchable
- •Directly converted from word-processing format
- •Preserve searchability and readability
Exception
With prior leave of the Court upon good cause shown, and in the case of the exceptions noted below
Court's wording
All documents in this case are to be filed electronically, except with prior leave of the Court upon good cause shown, and in the case of the exceptions noted below. All electronically filed documents are to be in Portable Data Format (.pdf). In order to enable the Court's efficient resolution of all matters in this case, all filings shall be submitted in text searchable PDF files, directly converted from the word-processing format into PDF so as to preserve their searchability and readability. (The Court recognizes an exception for exhibits that must be scanned because they exist only in paper format.).
Electronically filed documents must be in text-searchable PDF format, directly converted from word-processing format.
- File type
Formatting
- •Text searchable
- •Directly converted from word-processing format
Court's wording
All electronically filed documents are to be in Portable Data Format (.pdf). In order to enable the Court’s efficient resolution of all matters in this case, all filings shall be submitted in text searchable PDF files, directly converted from the word-processing format into PDF so as to preserve their searchability and readability. (The Court recognizes an exception for exhibits that must be scanned because they exist only in paper format.).
Memoranda must have 1-inch margins, double-spaced text (except footnotes), and 12-point Times New Roman font.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Brief
Formatting
- •Footnotes are excepted from double-spacing requirement
Court's wording
Memoranda of points and authorities filed in support of or in opposition to any motion may not, without leave of the Court, exceed forty-five (45) pages, and reply memoranda may not exceed twenty-five (25) pages, with margins set at one inch and with all text double-spaced (excepting footnotes) and in twelve-point Times New Roman (including footnotes).
(ii) In a case involving a pro se party, electronic filing procedures will be followed by parties represented by counsel only. The party appearing
- Self-represented parties
Document Filing Requirements17 rules
In agency review cases, summary judgment motions and oppositions must include a statement of facts with precise citations to the administrative record.
- Document
- Motion
Must include
- •Statement of facts
Court's wording
In accordance with Local Civil Rule 7(h)(2), each motion for summary judgment, and opposition thereto, shall include a statement of facts with references to the administrative record. The parties must furnish precise citations to the portions of the administrative record on which they rely; the Court need not consider materials not specifically identified. See FED. R. CIV. P. 56(c)(3).
In non-agency cases, summary judgment motions must include a statement of material facts with citations; opposition must include a statement of disputed facts.
Court's wording
The Court strictly adheres to the dictates of Local Civil Rule 7(h), which requires that each party submitting a motion for summary judgment attach a statement of material facts for which that party contends there is no genuine dispute, with specific citations to those portions of the record upon which the party relies in fashioning the statement. The party opposing the motion must, in turn, submit a statement enumerating all material facts which the party contends are genuinely disputed and thus require trial. See LCvR 7(h)(1).
Facts not controverted in opposition may be deemed admitted.
Court's wording
The Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such facts are controverted in the statement filed in opposition to the motion. See LCvR 7(h)(1).
Motions for reconsideration may not reassert previously rejected arguments or raise new arguments that could have been raised earlier.
Court's wording
Moreover, the Court will not entertain: (a) motions which simply reassert arguments previously raised and rejected by the Court; or (b) arguments which should have been previously raised, but are being raised for the first time.
Such motions shall be filed only when the requirements of Federal Rules of Civil Procedure 54(b), 59(e), and/or 60(b) are met.
Defendant(s) removing an action to this Court must re-file any answer as a supplement to the petition and re-notice any pending motion.
Corporate party must file a certificate of affiliations with its first pleading.
Court's wording
Where a corporation is a party or intervenor, counsel of record for that party or intervenor shall file a certificate listing any parent, subsidiary, or affiliate of that party or intervenor which, to the knowledge of counsel, has any outstanding securities in the hands of the public. Such certificate shall be filed with the party’s first pleading.
Attorneys are to be precise in describing the type of document and requested relief when making electronic filings with the Court, because that description
In agency review cases, parties must provide a joint appendix of cited administrative record portions.
Court's wording
In accordance with Local Civil Rule 7(n), the parties shall provide the Court with a joint appendix containing copies of those portions of the administrative record that are cited or otherwise relied upon in any memorandum in support of, or in opposition to, a motion for summary judgment.
Every pleading must include name, address, phone number, and bar ID for attorneys.
Court's wording
Every pleading or paper, regardless of whether it is signed by an attorney or a pro se party, shall contain the name, address, telephone number, and, for an attorney, bar identification number. See LCvR 5.1(e).
Exhibits shall be properly edited to exclude irrelevant material and to direct the Court’s attention to the pertinent portions thereof.
Each submission shall be accompanied by a table of cases and other authorities cited therein.
Response to statement of facts must use correspondingly numbered paragraphs and indicate admission or denial, with specificity for partial admissions.
Court's wording
The party responding to a statement of material facts must respond to each paragraph with a correspondingly numbered paragraph, indicating whether that paragraph is admitted or denied. If a paragraph is admitted only in part, the party must specifically identify which parts are admitted and which parts are denied.
Response must include relevant information in corresponding paragraphs; additional facts must be in consecutively numbered paragraphs at the end; opponent must respond to additional facts.
Court's wording
The responding party must include any information relevant to its response in its correspondingly numbered paragraph, with specific citations to the record. However, if the responding party has additional facts that are not directly relevant to its response, it must identify such facts in consecutively numbered paragraphs at the end of its responsive statement of facts. If additional factual allegations are made, the opponent must file a responsive statement of its own.
Statement of material facts must be short, concise, in numbered paragraphs with one fact per paragraph.
Court's wording
The moving party’s statement of material facts shall be a short and concise statement, in numbered paragraphs, of all material facts as to which the moving party claims there is no genuine dispute. The statement must contain only one factual assertion in each numbered paragraph.
The parties must furnish precise citations to the portions of the record on which they rely; the Court need not consider materials not specifically identified. See FED. R. CIV. P. 56(c)(3).
Filing a document with a declaration, etc. certifies that the original signed document is in the filer's possession and available for review.
Court's wording
Electronically filing a document that contains a declaration, verification, certificate, sworn statement, oath or affidavit certifies that the original signed document is in the possession of the attorney or pro se party responsible for the filing and that it is available for review upon request by a party or by the Court. LCvR 5.4(b)(5)
Filing & Service rules
Electronic Filing Rules
All documents must be filed electronically unless an exception applies.
All documents in this case are to be filed electronically, except with prior leave of the Court upon good cause shown, and in the case of the exceptions noted below.
Civil cases
Page 1 | ELECTRONIC FILING
Pro se parties must file documents in paper form; electronic filing is not available to them.
In a case involving a pro se party, electronic filing procedures will be followed by parties represented by counsel only. The party appearing pro se shall continue to file documents in paper form with the Clerk’s Office.
Civil cases
Page 2 | ELECTRONIC FILING
Filing Timing and Cure Windows
Electronic submission constitutes filing for all purposes and creates an official docket entry.
The electronic submission of any document in accordance with these procedures constitutes filing for all purposes under the Federal Rules of Civil Procedure and the Local Rules of this Court and simultaneously creates an official docket entry.
Civil cases
Page 2 | ELECTRONIC FILING
Technical difficulties may be considered for late filings, but last-minute filing does not excuse lateness; jurisdictional deadlines cannot be extended.
The Court may take into consideration technical difficulties experienced by a filer when presented a late filing. However, parties who wait until the last minute to begin filing are warned that technical difficulties do not necessarily constitute “good cause” or “excusable neglect” justifying an extension of the applicable deadline(s). FED. R. CIV. P. 6(b). Further, no allowance can be made for late filing documents whose time limits are jurisdictional.
Civil cases
Page 2 | ELECTRONIC FILING
Service and Proof of Service Rules
Plaintiff must serve complaint per FRCP 4 and file proof of service per Local Rule 5.3.
Plaintiff(s) must promptly serve the complaint on Defendant(s) in accordance with Federal Rule of Civil Procedure 4 and file proof of service in accordance with Rules of the United States District Court for the District of Columbia (“Local Civil Rules”) Rule 5.3.
Civil cases
Page 1 | SERVICE OF COMPLAINT
Counsel must serve pro se parties in paper form.
Parties represented by counsel must serve documents upon pro se parties in paper form.
Civil cases
Page 2 | ELECTRONIC FILING
No certificate of service required for electronic filings; service complete upon electronic submission.
No certificate of service is required for documents filed electronically. Service is complete upon electronic submission of an order or document and will be effected by electronic notice.
Civil cases
Page 2 | ELECTRONIC FILING
Sealing & Redaction Procedures
Proposed sealed documents in an unsealed case must be accompanied by a motion to seal explaining why sealing is appropriate per Hubbard factors.
Absent specific statutory authority, a proposed sealed document in an otherwise unsealed case must be accompanied with a motion to seal. in accordance with Local Civil Rule 5.1(h) and filed pursuant to the procedures established by the Clerk’s Office. Motions to seal should explain why sealing is appropriate with reference to the factors identified in United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980). Failure to file a proper motion to seal may result in the document being placed in the public record.
Civil cases
Page 2 | ELECTRONIC FILING
Sealed documents in a totally sealed case must be filed in paper form with an electronic copy compatible with CM/ECF.
Every document filed under seal in a totally sealed case shall be filed in paper form accompanied by an electronic copy in a format deemed compatible by the Clerk’s Office with CM/ECF filing. See LCvR 5.4(e)(1).
Civil cases
Page 2 | ELECTRONIC FILING
Sealed documents in totally sealed cases must be filed in paper with electronic copy.
(A) EXCEPTIONS TO ELECTRONIC FILING. (i) Every document filed under seal in a totally sealed case shall be filed in paper form accompanied by an electronic copy in a format deemed compatible by the Clerk's Office with CM/ECF filing. See LCvR 5.4(e)(1).
Civil cases
Pre-Motion Conference Requirements
Parties must confer in good faith before filing any discovery motion; if unresolved, counsel must jointly contact Chambers to arrange a telephone conference.
The parties are referred to Local Civil Rule 26.2 and are expected to fully comply with its directives. Moreover, counsel are required, under both Federal Rule of Civil Procedure 26(f) and Local Civil Rule 7(m), to confer in good faith in an effort to resolve any discovery dispute before bringing it to the Court’s attention. The parties shall not file a discovery motion without prior consultation with opposing counsel. If, in what should be the unusual case, the parties are unable to resolve their discovery dispute, counsel shall contact Chambers jointly in order to arrange for a telephone conference with the Court.
Civil cases
Page 3 | DISCOVERY DISPUTES
Sur-replies require prior leave of the Court.
A party may not file a sur-reply without first requesting leave of the Court.
Civil cases
Page 5 | Motions
Motions to dismiss that present matters outside the pleadings must comply with summary judgment procedures.
If a motion to dismiss under Rule 12(b)(6) or a motion for judgment on the pleadings under Rule 12(c) presenting matters outside the pleadings may be converted to a motion for summary judgment. If a motion to dismiss presents matters outside the pleadings, all parties must comply fully with the instructions set forth below regarding motions for summary judgment.
Civil cases
Page 5 | MOTIONS TO DISMISS
Adjournment & Extension Requirements
Motions for extensions or continuances are strongly discouraged, must be filed at least 4 business days in advance, and must include specific grounds, prior extensions, impact statement, proposed schedule, and opposition statement.
Motions for extensions of time and to re-schedule hearings are strongly discouraged; they will be granted only in truly exceptional or compelling circumstances and parties should not expect the Court to grant extensions. The Court will not entertain or honor stipulations for extensions of time or for the re-scheduling of hearings; parties must file a written motion in accordance with the following instructions: (A) Motions for extensions of time must be filed at least four (4) business days prior to the first affected deadline. (B) Motions to continue a hearing must be filed at least four business days prior to the scheduled hearing. (C) All motions for extensions of time and for re-scheduling of hearings must include the following or they will not be considered: (i) The specific grounds for the extension or the re-scheduling of the hearing; (ii) The number of previous extensions or continuances, if any, granted to each party; (iii) A statement of the impact that the requested extension or continuance would have on all other previously set deadlines; (iv) A proposed schedule for any other affected deadlines, to be proposed only after consulting with opposing counsel; and (v) A statement of whether or not opposing counsel opposes the motion in accordance with Local Civil Rule 7(m).
Civil cases
Page 3 | MOTIONS FOR EXTENSIONS OF TIME AND RE-SCHEDULING OF HEARINGS
Chambers Communication Rules
Ex parte communications prohibited except for scheduling; parties must contact Chambers jointly via conference call.
The parties should endeavor to keep communications with Chambers to a minimum. Ex parte communications on matters other than scheduling are strictly prohibited; if the parties need to contact Chambers, it must be done jointly pursuant to a conference call arranged by the parties.
Civil cases
Page 3 | COMMUNICATIONS WITH THE COURT