Judge Kelley Brisbon Hodge
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings >= 25 pages
- 1 copy • Mail
Binding: Tabbed Three Ring
Adjournments
- Continuance requests are considered only upon a showing of compelling circumstances and good cause.
- Extension requests require a letter via email with basis, opposing counsel's position, and a proposed order; unopposed requests need a signed stipulation.
- Sentencing continuances are allowed only for good cause, and continuances over 90 days are generally not considered.
Request must include
- Continuance requests in criminal cases must be filed 14 days in advance as a motion with a proposed order and Speedy Trial Act waiver.
Communication
Chambers
Phone
Chambers
Page & Word Limits11 rules
Support and opposition briefs in civil cases are limited to 25 pages each.
- Brief
- Up to 25 pages
- Opposition
- Up to 25 pages
Court's wording
Any brief or memorandum filed in support of the motion should be limited to twenty-five (25) pages. Any brief or memorandum filed in opposition or in response to a motion is subject to the same page limitation.
Discovery motion support and opposition briefs are limited to 5 pages each.
- Brief for attorneys
- Up to 5 pages
- Opposition for attorneys
- Up to 5 pages
- Discovery motions
Court's wording
counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order, and short brief not to exceed five (5) pages describing the disputed issue(s). Within seven (7) days of the filing of the motion, any counsel opposing the motion shall file with a Court a response to the motion not to exceed five (5) pages in conformity with Local Rule 26.1(b).
The parties must seek leave of court prior to filing a surreply. If leave is granted, surreplies may not exceed five (5) pages.
- Surreply
- Up to 5 pages
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven (7) days of service of the opponent’s brief in opposition and shall be limited to ten (10) pages.
- Reply brief
- Up to 10 pages
The initial filing by the moving party should not exceed twenty-five (25) double-spaced, typewritten pages, excluding the Statement of Undisputed Material Facts.
- Page limit
- Up to 25 pages
- Format
- Double-spaced
- Rule 56 motions
Rule 56 opposition responses are limited to 25 pages and due 28 days after service of the motion.
- Page limit
- Up to 25 pages
- Rule 56 motions
Court's wording
The non-moving party shall file a response within twenty-eight (28) days after the Motion for Summary Judgment is served, unless otherwise ordered by the Court. The response may not exceed twenty-five (25) pages.
The reply may not exceed ten (10) pages.
- Page limit
- Up to 10 pages
The surreply must specify the relevant exhibit, page, and line numbers when referring to the record and may not exceed ten (10) pages.
- Surreply
- Up to 10 pages
Such supporting memoranda shall not exceed twenty (20) double-spaced pages.
- Supporting memoranda
- Up to 20 pages
- Format
- Double-spaced
Response memoranda shall not exceed twenty (20) double-spaced pages.
- Response memoranda
- Up to 20 pages
- Format
- Double-spaced
Reply and surreply memoranda may be filed only with leave of Court and shall not exceed ten (10) double-spaced pages.
- Surreply
- Up to 10 pages
- Format
- Double-spaced
Document Format Requirements2 rules
All documents shall be filed in 12-point Times New Roman font with one-inch margins. All PDF documents filed must be text searchable.
- File type
- Font
- Times New Roman
- Font size
- 12 points
- Margins
- 1 inch
Counsel must submit proposed voir dire questions in Microsoft Word format via email to Chambers and should do so in accordance with the Scheduling Order.
- File type
- Word
- Voir dire questions
Document Filing Requirements21 rules
Stipulations requiring Court approval must be submitted by email to Chambers and include basis for relief.
Court's wording
Any stipulations requiring Court approval or the Judge’s signature MUST be submitted by email to Chambers. Counsel MUST provide the basis for any relief sought by stipulation. A stipulation absent any basis for the requested relief will be rejected by the Court.
If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the
Rule 26(f) reports must use the template provided on Judge Hodge’s website.
Court's wording
The parties must file on ECF (unless leave of Court is requested) and email to Chambers a Rule 26(f) report using the template provided on Judge Hodge’s website at least seven (7) days before the Rule 16 conference.
All requests for extension MUST include a proposed order.
- Document
- Extension request
Must include
- •Proposed order
For unopposed extension requests, counsel must submit a stipulation signed by counsel for all parties sent via email with a signature line for Judge Hodge.
All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather the singular motion should include all bases for relief.
counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order
All motions must contain the certification required under Local Civil Rule 26.1(f).
- Document
- Motion
Must include
- •Local rule certificate
Rule 56 moving parties must include a Statement of Undisputed Material Facts with citations, and provide a Word version to opposing counsel.
- Document
- Motion
Must include
- •Statement of facts
Court's wording
The initial filing of the moving party must include a concise Statement of Undisputed Material Facts, which sets forth, in numbered paragraphs, the material facts that the moving party contends are undisputed and entitle the movant to judgment as a matter of law. Each factual assertion shall be accompanied by a citation to the specific portion(s) of the record that support the assertion, including the exhibit, page, and line number. The movant shall provide a Word document of the Statement of Undisputed Material Facts to opposing counsel.
Rule 56 oppositions must include a Statement of Material Facts using the moving party's Word SUMF, with citations.
- Document
- Opposition
Must include
- •Statement of facts
Court's wording
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 Material Facts using the Word version of the Statement of Undisputed Material Facts provided by the moving party. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment. Where applicable, references to such evidence must include specific citations to exhibit, page, and line number.
Confidentiality or sealing orders must contain specified language about the Court's right to modify.
Court's wording
All such orders must contain the following language (or language substantially similar): "The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice."
Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories in accordance with the Scheduling Order.
Prior to , the parties shall exchange the following information: a. A list of the most likely custodians of relevant electronic materials, including a brief description of each person’s title and responsibilities; b. A list of each relevant electronic system that has been in place at all relevant times and a general description of each system, including the nature, scope, character, organization, and formats employed in each system; c. The parties should also include other pertinent information about their electronic documents and whether those electronic documents are of limited accessibility, that is, those created or used by electronic media no longer in use, maintained in redundant electronic storage media, or for which retrieval involves substantial cost; d. The name of the individual who shall serve as the party’s “e-discovery liaison;” e. A general description of the party’s electronic document retention policies; f. The name of the individual who shall serve as the party’s “e-discovery liaison;” g. A description of any problems reasonably anticipated to arise in connection with e-discovery.
E-discovery liaison must be familiar with systems, knowledgeable about technical aspects, prepared for disputes, and responsible for organizing efforts.
Court's wording
Regardless of whether the e-discovery liaison is an attorney (in- house or outside counsel), a third party consultant, or an employee of the party, he or she must be: a. Familiar with the party’s electronic systems and capabilities in order to explain these systems and answer relevant questions; b. Knowledgeable about the technical aspects of e-discovery, including electronic document storage, organization, and format issues; c. Prepared to participate in e-discovery dispute resolutions; and, d. Responsible for organizing the party’s e-discovery efforts to insure
Each party must designate an e-discovery liaison by a specified date.
Court's wording
No later than , to promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made (“the e- discovery liaison”).
Within seven days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party’s counsel shall file a statement of compliance.
However, the court will apportion the costs of electronic discovery upon a showing of good cause.
A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading.
Appendices must include a table of contents; joint appendices are encouraged for Rule 56 motions.
- Document
- Appendix
Must include
- •Table of contents
Court's wording
Parties are encouraged to submit a joint appendix of all exhibits with the moving party’s briefings. If that is not practical, then the parties may file separate appendices, and the responding party must cite to the moving party’s appendix wherever possible. Appendices, whether joint or separate, must include a table of contents.
Guilty plea memorandum should include offense elements, statutory maximum penalties, plea agreement terms, and factual basis for the plea.
Court's wording
The guilty plea memorandum should include: the elements of each offense to which the defendant will plead guilty and legal citations for the elements, the statutory maximum penalties for each offense, the terms of any plea agreement, and the factual basis for the plea.
Generally, the costs of discovery shall be borne by each party.
Filing & Service rules
Electronic Filing Rules
Judge Hodge requires all counseled parties to use Electronic Case Filing (“ECF”). Proposed orders should be attached to corresponding motions or memoranda of law. Submission of pleadings, motions, or other filings to Chambers by any method other than ECF is not permitted. Except as expressly provided in Section I.C. Stipulations (above), the Court will not act on any submission that has not been docketed.
Judge Hodge requires all counseled parties to use Electronic Case Filing (“ECF”). Proposed orders should be attached to corresponding motions or memoranda of law. Submission of pleadings, motions, or other filings to Chambers by any method other than ECF is not permitted. Except as expressly provided in Section I.C. Stipulations (above), the Court will not act on any submission that has not been docketed.
Page 2 | I. GENERAL INFORMATION - D. Electronic Case Filing
Parties must file Rule 26(f) reports on ECF unless leave of court is requested.
The parties must file on ECF (unless leave of Court is requested) and email to Chambers a Rule 26(f) report using the template provided on Judge Hodge’s website at least seven (7) days before the Rule 16 conference.
Page 3 | II. CIVIL CASES – PRETRIAL A. Rule 16 Conference
Counsel must submit CJA vouchers via the eVoucher system.
Counsel shall submit any vouchers for CJA funds in the eVoucher system.
Page 9 | H. eVoucher
Filing Timing and Cure Windows
Rule 26(f) reports must be filed and emailed to Chambers at least 7 calendar days before the Rule 16 conference.
The parties must file on ECF (unless leave of Court is requested) and email to Chambers a Rule 26(f) report using the template provided on Judge Hodge’s website at least seven (7) days before the Rule 16 conference.
Page 3 | II. CIVIL CASES – PRETRIAL A. Rule 16 Conference
The Rule 26(f) meeting shall take place as soon as possible and no later than fourteen (14) days before the Rule 16 scheduling conference.
The Rule 26(f) meeting shall take place as soon as possible and no later than fourteen (14) days before the Rule 16 scheduling conference.
Page 4 | II. CIVIL CASES – PRETRIAL B. Rule 26(f) Meeting
Opposition to discovery motions must be filed within 7 days of the motion's filing.
Within seven (7) days of the filing of the motion, any counsel opposing the motion shall file with a Court a response to the motion not to exceed five (5) pages in conformity with Local Rule 26.1(b).
Page 5 | III.A. Discovery Matters
Rule 56 opposition responses must be filed within 28 days of service of the motion.
The non-moving party shall file a response within twenty- eight (28) days after the Motion for Summary Judgment is served, unless otherwise ordered by the Court.
Page 6 | III.E. Rule 56 Motions - Motion for Summary Judgment
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven (7) days of service of the opponent’s brief in opposition and shall be limited to ten (10) pages.
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven (7) days of service of the opponent’s brief in opposition and shall be limited to ten (10) pages.
Page 6 | III.D. Reply and Surreply Briefs
Sentencing memoranda (exclusive of motions) must be filed no later than 7 days before scheduled sentencing date.
Sentencing memoranda (exclusive of motions) must be filed no later than seven (7) days before the scheduled sentencing date.
Page 9 | G. Sentencing
Sentencing motions and supporting memoranda must be filed at least 14 days before scheduled sentencing date.
Sentencing motions and supporting memoranda must be filed at least fourteen (14) days before the scheduled sentencing date, and any response thereto must be filed at least seven (7) days before the scheduled sentencing date.
Page 9 | G. Sentencing
Service and Proof of Service Rules
Rule 56 moving parties must provide a Word document of the Statement of Undisputed Material Facts to opposing counsel.
The movant shall provide a Word document of the Statement of Undisputed Material Facts to opposing counsel.
Page 6 | III.E. Rule 56 Motions - Motion for Summary Judgment
Guilty plea memorandum, agreement (if applicable), and acknowledgment of rights must be emailed to Chambers 7 days before change of plea hearing, except for extenuating circumstances.
Before a defendant offers a guilty plea, the guilty plea memorandum, guilty plea agreement (if applicable), and acknowledgment of rights must be completed and reviewed with the defendant and must be provided to the Court via email to Chambers seven (7) days prior to the change of plea hearing, except in extenuating circumstances.
Page 9 | Guilty Plea
Courtesy Copy Requirements
One courtesy copy required for documents 25+ pages; exhibits must be double-sided, tabbed, bound in 3-ring binder; deliver by mail/delivery service, no email.
Parties must provide one (1) courtesy copy to the Court of any document submitted which is twenty-five (25) pages or more, including exhibits. The exhibits in the Court’s courtesy copy shall be printed double-sided and clearly marked, tabbed, and bound in a 3-ring binder. Courtesy copies should be delivered by first-class mail or other delivery service. Courtesy copies will not be accepted via email.
Page 2 | I. GENERAL INFORMATION - E. Courtesy Copies
Sealing & Redaction Procedures
Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production.
Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production.
Civil cases
Page 5 | Privilege
Receiving party must return or destroy all copies of inadvertently produced privileged documents.
All copies shall be returned or destroyed by the receiving party.
Civil cases
Page 5 | Privilege
Pre-Motion Conference Requirements
Counsel may request a telephone or video conference with Judge Hodge to resolve straightforward discovery disputes and other issues, but complicated matters should be resolved by formal motion and briefing. Counsel must make a substantive effort to address all discovery disputes with opposing counsel before requesting Judge Hodge’s assistance and submit a certification to that end along with any discovery motions. Counsel should submit a letter by email to Chambers summarizing the reason for the requested telephone conference. An email request without a letter attached will not be considered.
Counsel may request a telephone or video conference with Judge Hodge to resolve straightforward discovery disputes and other issues, but complicated matters should be resolved by formal motion and briefing. Counsel must make a substantive effort to address all discovery disputes with opposing counsel before requesting Judge Hodge’s assistance and submit a certification to that end along with any discovery motions. Counsel should submit a letter by email to Chambers summarizing the reason for the requested telephone conference. An email request without a letter attached will not be considered.
Page 1 | I. GENERAL INFORMATION - B. Telephone/Video Conferences
Counsel must meet and confer with opposing counsel at least 7 days before filing Rule 12, 56, removal, or transfer motions; verbal communication required, pro se/bankruptcy/Social Security appeals exempt.
1. Meet and Confer Certification with Motions: 1 Counsel contemplating filing any motion, including a motion under Fed. R. Civ. P. 12 or 56, 28 U.S.C. §1441, or 28 U.S.C. §1404, shall contact opposing counsel prior to filing to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter to see if the filing of the contemplated motion is then necessary. This conference shall take place at least seven (7) days before the filing of the motion. The parties shall conduct substantive verbal communications. Exchanges of letters or emails are insufficient. A report that opposing counsel was not available or that the parties made reasonable but unsuccessful efforts to meet and confer is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the 1 This directive shall not apply to cases in which either side is pro se, or to bankruptcy or Social Security appeals.
Page 2 | I. GENERAL INFORMATION - G. Standing Orders
Adjournment & Extension Requirements
Extension requests require a letter via email with basis, opposing counsel's position, and a proposed order; unopposed requests need a signed stipulation.
Where compelling circumstances exist, counsel may request an extension of a filing or other deadline. Extension requests should be made by letter sent via email and counsel requesting the extension shall include the basis for the request and state the position of opposing counsel. Any counsel opposing the extension shall submit a responsive letter via email setting forth the reasons for opposition. All requests for extension MUST include a proposed order. Counsel may not extend any deadlines without Court approval. An email request without a letter attached will not be considered. For unopposed extension requests, counsel must submit a stipulation signed by counsel for all parties sent via email with a signature line for Judge Hodge. Unopposed extension requests are not automatically granted. Counsel should make every effort to file such stipulations and requests as early as the need for an extension is known.
Page 4 | II. CIVIL CASES – PRETRIAL D. Requests for Extension of Time and Continuances
Continuance requests are considered only upon a showing of compelling circumstances and good cause.
Since trial and hearing dates are set in advance, Judge Hodge is extremely reluctant to grant continuances especially if the attorneys have not been diligent in moving the case forward. However, the Court will consider such continuance requests upon a showing of compelling circumstances and good cause.
Page 5 | II. CIVIL CASES – PRETRIAL
Continuance requests in criminal cases must be filed 14 days in advance as a motion with a proposed order and Speedy Trial Act waiver.
Any request for a continuance must be filed no later than fourteen (14) days in advance of the scheduled trial date. Requests for a continuance must be filed as motions stating the reasons for the request. Any such motion must be accompanied by a proposed form of Order which, if approved by the Court, would grant the relief sought by the motion. The proposed form of Order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. Requests by letter are not permitted. The defendant must provide a signed waiver of Speedy Trial Act rights or a continuance hearing will be scheduled.
Page 8 | IV. CRIMINAL CASES
Sentencing continuances are allowed only for good cause, and continuances over 90 days are generally not considered.
Judge Hodge discourages continuances of sentencing, and sentencing will be continued for good cause only. Judge Hodge will generally not consider any request for a continuance exceeding 90 days.
Page 9 | G. Sentencing
Chambers Communication Rules
Letters sent via email permitted for scheduling/non-substantive matters; email alone without letter not considered.
Judge Hodge permits communications with Chambers by telephone, or letter sent via email regarding scheduling and other non-substantive matters. An email request without a letter will not be considered. All other issues must be addressed by an appropriate motion or other document filed on the docket. Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive matters. Law clerks may not render advice to counsel and have no authority to grant continuances or any other relief. Judge Hodge prohibits any communications to her personal email.
Page 1 | I. GENERAL INFORMATION - A. Communication with Chambers
Communications to Judge Hodge's personal email are prohibited.
Judge Hodge prohibits any communications to her personal email.
Page 1 | I. GENERAL INFORMATION - A. Communication with Chambers
Chambers communications permitted by phone for scheduling/non-substantive matters; no ex parte substantive communications; law clerks cannot grant relief.
Judge Hodge permits communications with Chambers by telephone, or letter sent via email regarding scheduling and other non-substantive matters. An email request without a letter will not be considered. All other issues must be addressed by an appropriate motion or other document filed on the docket. Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive matters. Law clerks may not render advice to counsel and have no authority to grant continuances or any other relief. For civil and criminal scheduling, case management and general inquiries contact: Leesa Ciamiachelo, Deputy and Courtroom Services Clerk Telephone: 267-299-7550 (Chambers) or 267-299-7559 (Direct Dial) Email: Leesa_ciamaichelo@paed.uscourts.gov and Judge Hodge Chambers@paed.uscourts.gov Judge Hodge prohibits any communications to her personal email.
Page 1 | I. GENERAL INFORMATION - A. Communication with Chambers
Parties must email Rule 26(f) reports to Chambers at least 7 days before the Rule 16 conference.
The parties must file on ECF (unless leave of Court is requested) and email to Chambers a Rule 26(f) report using the template provided on Judge Hodge’s website at least seven (7) days before the Rule 16 conference.
Page 3 | II. CIVIL CASES – PRETRIAL A. Rule 16 Conference
Extension requests must be sent via email with a letter attachment; emails without a letter will not be considered.
Extension requests should be made by letter sent via email and counsel requesting the extension shall include the basis for the request and state the position of opposing counsel. An email request without a letter attached will not be considered.
Page 4 | II. CIVIL CASES – PRETRIAL D. Requests for Extension of Time and Continuances
Counsel must immediately notify Chambers upon reaching a settlement and request dismissal under Local Rule 41.1.
Upon reaching a settlement, counsel must notify Judge Hodge’s Chambers immediately and request dismissal of the action pursuant to Local Rule of Civil Procedure 41.1.
Page 4 | II. CIVIL CASES – PRETRIAL C. Settlement Conferences
If no Court response to eVoucher submission within 10 days, counsel must email Chambers.
Should there be no response by the Court to any such voucher within ten (10) days of submission, counsel MUST email Chambers to advise that the eVoucher remains pending.
Page 9 | H. eVoucher
Counsel and unrepresented parties may email Chambers to provide preferred names, pronouns, and honorifics for court proceedings.
Counsel and unrepresented parties are invited to provide the names, pronouns, and honorifics they would like used by the Court in hearings, conferences, and opinions via an email to Chambers.
Page 3 | I. GENERAL INFORMATION 2. Pronouns and Honorifics