Judge Mark A. Kearney
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies • At Voir Dire
Filings > 35 pages
- Upon Filing
Motions in Limine Motions
Rule 56 Motions
- 1 copy • Hand Delivery • Within 1 Business Day
Adjournments
- Continuance requests must be filed at least 14 days before trial.
- If a non-incarcerated party opposes a continuance or extension, the movant may move under Section III.B below identifying the basis for the continuance or extension and detail the positions of other parties with a proposed order.
- Multiple continuance requests may require in-person argument.
- Extension requests must be made by motion or stipulation demonstrating good cause; letter requests are not accepted.
- +3 more
Request must include
- Opposition to pro hac vice motions must be filed within one business day.
Communication
Chambers
Phone
Phone
Chambers
Page & Word Limits10 rules
Short discovery motions limited to 3 pages double-spaced 12-point font.
- Discovery motion
- Up to 3 pages
- Format
- Double-spaced; 12-point
Court's wording
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.
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.
- Discovery motion
- Up to 7 pages
- Format
- Double-spaced; 12-point
Upon showing good cause based on a need for the transcript to brief the post-trial issues, Judge Kearney may allow the movant to file the memorandum not exceeding twenty-five pages in support of post-trial relief within thirty days of the receipt of the transcript.
- Post-trial support memorandum
- Up to 25 pages
Reply briefs limited to 10 pages, must be filed within 7 days of opposition.
- Reply brief
- Up to 10 pages
Exception
More pages with leave of court
Court's wording
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.
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.
- Motion
- Up to 5 pages
- Format
- Double-spaced; 12-point
Memoranda filed in support of, or in opposition to, a motion is limited to twenty pages of double-spaced twelve-point font.
- Memorandum
- Up to 20 pages
- Format
- Double-spaced; 12-point
Opening statements limited to 30 minutes, closing arguments to 1 hour per side in jury trials.
Court's wording
In trials before a jury, Judge Kearney limits opening statements to no more than thirty minutes and closing jury arguments to no more than one hour per side (including rebuttal for Plaintiff) absent leave upon a showing of good cause in a complex matter.
Rule 56 memoranda limited to 25 pages (double-spaced, 12pt font) with TOC if more than 2 arguments.
- Memorandum (computer-generated)
- Up to 25 pages
- Rule 56 motions
Excluded from page count
- •Table of contents
Court's wording
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.
Correspondence, not to exceed two pages, may be emailed, faxed, or mailed to Chambers
- Page limit
- Up to 2 pages
Absent an Order, parties may file up to five motions in limine grouped by evidentiary review (e.g. hearsay, expert, privilege, competence, etc.)
Document Format Requirements5 rules
Electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF).
When the image file is produced, the producing party must preserve the integrity of the electronic document's contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history.
Electronic equipment must be arranged, tested, and approved before trial.
Formatting
- •Electronic equipment must be arranged and provided by parties
- •Contact Courtroom Deputy for setup and security clearance
Court's wording
Judge Kearney holds court in Courtroom 6-B, which is not an electronic courtroom. Parties are responsible for arranging and providing all electronic technology they wish to bring for trial. Any party planning to use such equipment must submit a letter to Chambers, as early as possible and copied to all counsel, but no later than one week before trial, identifying the equipment it will use at trial. Any equipment counsel wishes to have brought in for trial must be set up and tested before jury selection. Parties should contact Courtroom Deputy Ulrike Bower (267-299-7688) before trial to arrange a time to set up and test electronic equipment in Courtroom 6-B and for permission to bring in the equipment through courthouse security.
Proposed jury instructions must be separately numbered, include table of contents, double-spaced with citations.
- Line spacing
- Double
- Jury instructions
Formatting
- •Separately numbered
- •Table of contents
- •Accurate quotes
- •Pinpoint citations
Court's wording
Proposed jury instructions, separately numbered, shall include a table of contents and be submitted on a separate sheet of paper, double-spaced, with accurate quotes from, and pinpoint citations to cases and pattern jury instructions where appropriate.
After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.
- Electronic documents
Formatting
- •Native-format production after initial image-format production requires a showing of particularized need
Document Filing Requirements45 rules
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.
The parties must also disclose the insurance coverage, including retainer or deductible, consistent with Rule 26(a)(1)(A).
Parties must stipulate undisputed facts to avoid unnecessary discovery
Court's wording
The parties must stipulate as to facts not in dispute. We require stipulations to avoid duplicative and unnecessary discovery, wasted time in depositions asking questions about names, addresses and background or otherwise on dates which are undisputed, employment histories, etc.
Discovery begins with the issuance of our Order setting the Initial Pretrial Conference. Describe written discovery issued or taken to date including mandated disclosures under Rule 26(a).
Patent non-ANDA cases require phased Markman hearing planning in Rule 26(f) report
Court's wording
In patent non-ANDA cases, the comprehensive joint report of the Rule 26(f) meeting shall include proposed dates for the exchange, in steps, of required information to plan for a Markman hearing as soon as practicable under Fed.R.Civ.P. 1:
Confirm each party’s compliance on timing, form and scope of informal disclosures including date of exchange and detailed reason for a deviation from the Court’s scheduling Order.
Please provide a statement whether all parties agree to a referral of this case to a Magistrate Judge for trial.
Indicate agreement on anticipated testimony of expert witnesses, including whether depositions of experts will be needed.
A firm trial date will be scheduled at or shortly after the pre-trial conference. Please advise of trial attachments (not pool listings), pre-paid vacation, medical plans or other irreversible conflicts for lead trial counsel in the following four (4) to eight (8) months.
The parties shall also disclose a need for an Order under Federal Rule of Evidence 502.
The parties should expect that the Court requires expert reports to be exchanged simultaneously, witness rebuttal reports required shortly thereafter, and expert discovery to be completed with fact discovery.
Parties must address e-discovery procedures, privilege preservation, production format, and costs in Rule 26(f) report.
Court's wording
The parties are required to address procedures to preserve electronically stored information, to avoid inadvertent privilege waivers, and to determine the form in which electronic information will be produced. The cost of producing the information must be discussed and be addressed in this report.
All cases will be sent to the Magistrate Judge or private mediation for early settlement discussions. The parties must familiarize themselves with Local Rule 53.3 before responding.
Electronic Case Filing (“ECF”) under Rule 5.1.2 is required of all counsel
Parties and counsel may be sanctioned for AI hallucinations or false representations.
Court's wording
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.
Motions to amend pleadings must identify all parties' positions and attach blacklined/highlighted proposed amended pleading.
- Document
- Motion to amend
Must include
- •Proposed amended pleading
Court's wording
A motion to amend a pleading shall: identify all parties’ positions on the proposed amendments and attach the proposed amended pleading either blacklined or highlighted solely to show the change in the pleading.
Amended pleadings filed as matter of course must include blacklined/highlighted exhibit showing changes.
- Document
- Amended pleading
Must include
- •Blacklined or highlighted exhibit
Court's wording
A party filing an amended pleading as a matter of course under Fed. R. Civ. P. 15(a)(1) must attach as an exhibit a blacklined or highlighted copy of the pleading solely to show the changes in the pleading.
Post-trial motions require transcript deposit within 14 days unless excused.
Court's wording
A party seeking to challenge trial and pretrial rulings through a timely post-trial motion must strictly comply with Federal Rules of Civil and Criminal Procedure 59 and 60 and with Local Rule 7.1(e) requiring ordering and paying a deposit for the trial transcript required by the court reporter within fourteen days of filing any post-trial motion unless Judge Kearney excuses this requirement for good cause.
All grounds for relief must be set forth in a single, comprehensive motion, accompanied by a proposed order and an attached memorandum.
- Document
- Motion
Must include
- •Proposed order
- •Attached memorandum
- •Comprehensive motion
Motions without stipulation must describe all parties' positions.
- Document
- Motion
Must include
- •Meaningful description of opposition
Court's wording
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.
Parties opposing the motion must attach a proposed order referring to the motion, docket filing number, and specific basis for denying the requested relief.
- Document
- Opposition motion
Must include
- •Docket number
- •Proposed order
Only one attorney for each side may examine the same witness or address the jury during the opening statement or summation.
No conferring with sworn witnesses except for logistics without judge's approval.
Court's wording
Counsel may not confer with a witness once sworn during the balance of their testimony except for logistics as to the courtroom and confirming timing of testimony absent Judge Kearney’s approval upon a showing a good cause.
After Judge Kearney rules on any objections, counsel must edit the testimony before offering the videotaped testimony at trial.
Scheduling order will specify deadline for proposed jury instructions and verdict forms.
- Document
- Jury instructions
Must include
- •Proposed instructions
- •Proposed verdict forms
Court's wording
The Scheduling Order will note the date on which the parties shall file proposed jury instructions on substantive issues unique to your matter, along with proposed verdict forms or special interrogatories to the jury.
Judge Kearney may require counsel timely file proposed findings of fact and conclusions of law in non-jury cases.
The parties shall also provide by email to Chambers the proposed instructions in Microsoft Word format.
- Document
- Jury instructions
Must include
- •Email to chambers
- •Microsoft word format
Plaintiff’s counsel shall, unless excused for good cause, email an electronic copy of all admitted exhibits to our Chambers email address (or provide on a disc) before the jury returns with a verdict.
All objections to jury instructions shall be filed in one written motion.
- Document
- Jury instructions objections
Must include
- •One written motion
Guilty plea memorandum must be submitted 2 days before change of plea hearing in Word format by email.
Court's wording
The United States must submit a guilty plea memorandum at least two days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea. The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Restitution information must be included in sentencing memorandum with victim details and documentation.
Court's wording
If a defendant may be responsible for restitution, the United States must submit sufficient information in its sentencing memorandum to enable Judge Kearney to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount. If liability for restitution is joint and several, the United States shall itemize the restitution amount for which each defendant may be responsible.
Sentencing memoranda due 7 days before sentencing; responses due 3 days before; copy to probation office.
Court's wording
Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. Counsel shall serve a copy on the United States Probation Office.
Sentencing motions due 7 days before sentencing; responses due 3 days before; no replies without leave.
- Document
- Sentencing motion
Must include
- •Legal argument
Court's wording
Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.
Continuance motions require defendant's signed consent form.
Court's wording
Any such motion must be accompanied by the form of consent to continuance signed by the defendant, as provided by Judge Kearney after receipt of the motion and proposed order which, if approved by Judge Kearney, would grant the relief sought by the motion.
Local counsel must sign all filings and be present for certain complex cases; trial dates won't be rescheduled for pro hac vice conflicts.
Court's wording
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. Judge Kearney requires local counsel sign all filings. 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. We do not reschedule confirmed and attached trial dates based on specially admitted counsel’s conflicts.
Pro hac vice admission requires specific requirements including PA admission, affidavit, and compliance assurances.
Court's wording
The attorney moving for admission of an attorney pro hac vice must: 1. Be admitted to practice in Pennsylvania and in good standing before this Court; 2. Earlier his/her/their appearance in the matter and confirms his/her/their continuing obligations under Section I.K. of our Policies below; 3. 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; 4. Recite the positions of all counsel regarding the motion. 5. Attach the affidavit of the attorney seeking admission pro hac vice swearing as to: a. Year and jurisdiction of each Bar admission as well as the lawyer’s status i.e., active or inactive, in good standing, etc.; b. 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; c. Whether the attorney has read and will comply with the Pennsylvania Rules of Professional Conduct, this Court’s Local Rules, and these Policies as amended; and, d. 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.
Judge Kearney will not consider material not included in the appendix required by this Policy.
Continuance orders must comply with Speedy Trial Act and include detailed findings.
Court's wording
The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed finding explaining 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.
Parties must advise Judge Kearney about testimony plans and duration when filing motions.
Court's wording
Upon filing a motion, the parties shall advise Judge Kearney whether they intend to present testimony in support of or in opposition to the motion and the expected duration of any such testimony so Judge Kearney can schedule a hearing, if necessary.
All pretrial motions must be filed by scheduling order deadline and represent all parties' positions.
Court's wording
All pretrial motions – including motions in limine and any motions challenging the indictment, seeking suppression of evidence, or raising dispositive matters – must be filed in accord with the deadline set forth in the scheduling order and represent the position of all parties on the requested relief.
Requirements for website references and artificial intelligence use
Include
- •AI disclosure
AI hallucinations may result in sanctions under professional conduct rules.
Court's wording
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.
Filings referencing a website shall attach a screenshot of the cited website reference as an exhibit.
Filings referencing a website shall attach a screenshot of the cited website reference as an exhibit.
Movant non-compliance may result in denial without prejudice; respondent non-compliance may result in motion being considered uncontested.
Court's wording
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. Respondent’s failure to comply in all respects may result in the Court’s considering the motion as uncontested.
Filing & Service rules
Filing Timing and Cure Windows
Within seven days of identifying the relevant document custodians, retention coordinators must implement the above procedures, and each party's counsel must file a statement of compliance.
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.
Civil cases
Page 3 | 6. Retention
Courtesy Copy Requirements
Courtesy copies required for filings over 35 pages, delivered to Clerk's Office contemporaneous with filing.
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.
Page 5 | F. Courtesy copies of ECF filings shall be provided only as directed.
Courtesy copies of ECF filings shall be provided only as directed. 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.
Courtesy copies of ECF filings shall be provided only as directed. 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.
Page 5 | F. Courtesy copies of ECF filings shall be provided only as directed.
Two copies of joint exhibit book required for Judge Kearney at voir dire unless electronic.
Unless all exhibits are shown electronically, Counsel must deliver two copies of the joint exhibit book for Judge Kearney at voir dire.
Page 19 | L. Preparing, admitting, and delivering admitted trial exhibits to Chambers
Two copies of contested exhibits required for motions in limine (hand delivery if >10 pages, email if <10 pages).
Counsel seeking to preclude admission of specific exhibits based on evidentiary objections shall provide Chambers two copies of the contested exhibits (by hand delivery to the Clerk of Court if exceeds ten pages or by email if less than ten pages) contemporaneous with moving in limine on the challenged exhibits.
One courtesy copy of Rule 56 submissions required within one business day of filing.
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.
Courtesy copies only when specifically directed.
Courtesy copies of ECF filings shall be provided only as directed
Page 1 | I.F
Sealing & Redaction Procedures
Sealed filings require motion to seal, good cause, and specific email procedures.
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.
Page 5 | G. Required scrutiny of proposed sealed or redacted documents.
Sealed filings require motion to seal filed first, then Notice of Sealed Documents emailed to ECF address and documents emailed to Chambers.
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.
Page 5 | G. Required scrutiny of proposed sealed or redacted documents.
Sealed/redacted documents require scrutiny.
Required scrutiny of proposed sealed or redacted documents
Page 1 | I.G
Pre-Motion Conference Requirements
Joint Rule 26(f) report required at least one day before initial pretrial conference.
Unless waived for good cause, our scheduling Order will begin discovery and require the parties to file a comprehensive joint report of the Rule 26(f) meeting at least one day before the initial pretrial conference fully compliant with the 'Report of Rule 26(f) Meeting' form provided on the District's web page: www.paed.uscourts.gov/judges-info/district-court-judges/mark-kearney.
Page 9 | B. Rule 26(f) meeting and joint report
Non-compliance with Rule 26(f) meeting results in no input at initial pretrial conference.
Pending motions will not excuse the requirements of holding the meeting and submitting the plan. Parties who do not comply will have no input at the initial pretrial conference.
Page 9 | B. Rule 26(f) meeting and joint report
Rule 26(f) meeting must be completed promptly and is substantive.
Judge Kearney relies on counsel's good faith compliance in all respects with Rule 26(f). Parties should complete the Rule 26(f) meeting as soon as possible. This meeting is a meaningful and substantive discussion to address prompt settlement positions, formulate the proposed discovery plan, and discuss the parties' factual and legal positions.
Page 9 | B. Rule 26(f) meeting and joint report
Patent non-ANDA cases require specific Markman hearing planning in Rule 26(f) report.
In patent non-ANDA cases, the comprehensive joint report of the Rule 26(f) meeting shall include proposed dates for the exchange, in steps, of required information to plan for a Markman hearing as soon as practicable under Fed. R. Civ. P. 1:
Page 9 | C. Additional disclosures in patent non-ANDA cases
Meaningful conference required before threshold motions, except for pro se parties.
Parties seeking to move to dismiss, strike, remand, transfer, substitute parties, and other threshold issues shall: 1. Confirm the movant meaningfully conferred in good faith with the represented party (does not apply to pro se parties) subject to the anticipated motion including specifically identifying the communications and shared resolution to resolve the issue particularly on motions to dismiss based on the perceived inadequacy of the pleading or venue issues which can often be readily resolved by an amended pleading or stipulated transfer or remand;
Page 10 | E. Obligations for threshold motions
Attending counsel at initial pretrial conference is designated as lead trial counsel unless excused.
Absent compelling grounds provided in writing before the conference, counsel attending the initial pretrial conference shall be designated as lead trial counsel. If lead counsel is excused in advance of the conference, the attorney appearing must have access to lead counsel's calendar during the proceeding.
Page 10 | D. Obligations for the Rule 16 conference
Initial pretrial conference must address multiple substantive topics.
The initial pretrial conference is a substantive discussion addressing, at a minimum: items listed in Fed. R. Civ. P. 16 and Local Rule 16.1(b); completion of self-executing disclosures under Fed. R. Civ. P. 26(a); a review of the required stipulated facts; disclosure of insurance coverage and deductibles; requests for a Fed. R. Evid. 502(d) Order; status of pending discovery; the preservation, production and cost allocation of electronically stored information; status of settlement demands and offers and proposed timing of mediation; and, specific facts regarding liability, damages and relief sought.
Page 10 | D. Obligations for the Rule 16 conference
Threshold motions must be addressed at initial pretrial conference even if not fully briefed.
Be prepared to address the merits of a pending or anticipated threshold motions at the initial pretrial conference, even if not fully briefed at that time;
Page 10 | E. Obligations for threshold motions
Meaningful conference requires sharing arguments and caselaw citations.
We interpret “meaningfully conferred” to include sharing the movant’s arguments in summary fashion as well as citations to caselaw addressing each point expected to be included in moving papers;
Page 10 | E. Obligations for threshold motions
Lead trial counsel shall be prepared to discuss settlement at the initial pretrial conference, including having full authority from clients on settlement. Counsel may not claim lack of authority to discuss settlement with opposing counsel and Judge Kearney unless the client or carrier representative with full authority is present at the initial pretrial conference.
Lead trial counsel shall be prepared to discuss settlement at the initial pretrial conference, including having full authority from clients on settlement. Counsel may not claim lack of authority to discuss settlement with opposing counsel and Judge Kearney unless the client or carrier representative with full authority is present at the initial pretrial conference.
Page 10 | D. Obligations for the Rule 16 conference
Counsel expected to resolve objections before motions in limine deadlines.
Judge Kearney expects counsel attempted to resolve objections to exhibits and testimony before the motions in limine deadlines, leaving only those objections the parties could not resolve.
To the extent there are unresolved evidentiary issues, counsel should anticipate the Scheduling Order will require motions in limine be filed after the contemporaneous exchange of pretrial memoranda, with a reply due before the pretrial conference.
To the extent there are unresolved evidentiary issues, counsel should anticipate the Scheduling Order will require motions in limine be filed after the contemporaneous exchange of pretrial memoranda, with a reply due before the pretrial conference.
Adjournment & Extension Requirements
Extension requests must be made by motion or stipulation demonstrating good cause; letter requests are not accepted.
Requests for extension of time to respond to a pleading or motion or a request for the extension of the dates in a scheduling order must be made by motion or stipulation demonstrating good cause which can be reviewed and ruled upon. Judge Kearney will not accept letter requests for extensions of time set by the Federal or Local Rules or our scheduling Orders.
Page 4 | A
Trial date continuances require extraordinary circumstances and demonstrated good cause.
Unless there is demonstrated good cause in writing to justify a change, the parties are expected to adhere to the schedule contained in Orders setting obligations or, absent an Order, the default dates in the Federal or Local Rules. A request for an extension or continuance of the trial date will not be granted absent extraordinary circumstances.
Page 11 | I. Continuances, amendments, and extensions of scheduling.
If a non-incarcerated party opposes a continuance or extension, the movant may move under Section III.B below identifying the basis for the continuance or extension and detail the positions of other parties with a proposed order.
If a non-incarcerated party opposes a continuance or extension, the movant may move under Section III.B below identifying the basis for the continuance or extension and detail the positions of other parties with a proposed order.
Page 12 | I. Continuances, amendments, and extensions of scheduling.
Continuance motions must include reasons, opposing position, time sought, and scheduling conflicts.
Requests for a continuance must be filed as a motion stating the reasons for the request, the position of the other side, the amount of time sought, and existing conflicts potentially impacting scheduling of a new trial date.
Continuance requests must be filed at least 14 days before trial.
Any request for a continuance must be filed no later than fourteen days in advance of the scheduled trial date.
Opposition to pro hac vice motions must be filed within one business day.
Thoughtful opposition to a motion for pro hac vice must be filed within one business day of the filing of the motion.
Timely stipulations for continuances/extensions may be approved with good cause if trial date unaffected.
Stipulations. Judge Kearney may approve a timely stipulation for a continuance or extension if the continuance or extension upon a showing of good cause and if it does not affect the trial date.
Page 11 | I. Continuances, amendments, and extensions of scheduling.
Multiple continuance requests may require in-person argument.
Continuances are strongly discouraged, and, if multiple continuances are sought, counsel may be required to appear in person to argue the matter.
Chambers Communication Rules
Communication with law clerks or interns prohibited.
No communication with law clerks or interns
Page 1 | I.D
Pro se parties prohibited from telephone communications.
No telephone communications from pro se parties
Page 1 | I.C
Counsel must first confer privately to resolve evidentiary issues, then notify courtroom deputy during breaks.
Counsel must confer privately to resolve any unanticipated evidentiary issues which may arise during trial. If unsuccessful in resolving the issues, counsel should only bring a matter to the Courtroom Deputy’s attention at the beginning of the day or during an appropriate break when the jury is not present.
Page 20 | M. Sidebar or evidentiary conference
All courtroom evidentiary conferences are on the record.
All evidentiary conferences in the courtroom are on the record.
Page 20 | M. Sidebar or evidentiary conference
Guilty plea memorandum must be emailed to Judge Kearney's chambers in Word format.
The United States must submit a guilty plea memorandum at least two days prior to the change of plea hearing... The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Page 23 | E. Guilty pleas
Expedited sentencing requests require 2-day notice to chambers and probation office.
If an agreement has been reached to request Judge Kearney set an expedited sentencing, the United States must notify Chambers and the probation office at least two days prior to the change of plea hearing.
Page 23 | E. Guilty pleas
Character letters must be emailed to Judge Kearney's chambers 3 days before sentencing.
Counsel shall provide all character letters by email at least three days before sentencing to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Page 24 | E. Guilty pleas
PSI Reports and Sentencing Memoranda must be emailed to Judge Kearney's chambers in Word format.
Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Page 24 | E. Guilty pleas
Recording and AI summaries prohibited during remote proceedings.
Participants in telephonic or video conferences and their agents may not record or otherwise create an artificial intelligence summary of off-the-record proceedings consistent with our practices in the Courtroom and the Court’s published Protocols for Remote Proceedings (https://www.paed.uscourts.gov/sites/paed/file/documents/Protocols%20for%20Remote%20Pro ceedings.pdf).
Pro se parties prohibited from telephone/fax communications unless pre-approved with ESR present.
Telephone and fax communications by a pro se party are prohibited unless approved by Judge Kearney beforehand and an ESR/Court Reporter is present. Pro se parties may not appear for hearings by telephone unless permitted for good cause, such as incarcerated persons in civil cases.
Unsolicited communications are prohibited unless pre-approved.
We will not accept unsolicited communications unless pre-approved by Judge Kearney.
Requests for extensions must be made by motion or stipulation with good cause, not by letter.
We are governed by Fed. R. Civ. P. 7(b) and Fed. R. Crim. P. 47(a). 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. Requests for extension of time to respond to a pleading or motion or a request for the extension of the dates in a scheduling order must be made by motion or stipulation demonstrating good cause which can be reviewed and ruled upon. Judge Kearney will not accept letter requests for extensions of time set by the Federal or Local Rules or our scheduling Orders.
Remote conferences allowed for non-pro se parties; pro se parties must appear in person unless excused.
We may allow telephonic or video conferences for matters not involving pro se parties who are not in custody. 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.
Limited correspondence (max 2 pages) allowed for specific circumstances only.
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.
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
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
Correspondence permitted only in limited circumstances.
We permit correspondence in limited circumstances.
Page 1 | I.A
Telephone inquiries and conferences permitted as warranted.
Telephone inquiries and conferences as warranted
Page 1 | I.B
Telephone and fax communications by a pro se party are prohibited unless approved by Judge Kearney beforehand and an ESR/Court Reporter is present. Pro se parties may not appear for hearings by telephone unless permitted for good cause, such as incarcerated persons in civil cases.
Telephone and fax communications by a pro se party are prohibited unless approved by Judge Kearney beforehand and an ESR/Court Reporter is present. Pro se parties may not appear for hearings by telephone unless permitted for good cause, such as incarcerated persons in civil cases.
Page 4 | C
Correspondence to chambers is limited to 2 pages and permitted only for court-requested information, uncontested sentencing extensions, personal scheduling matters, or settlement notice.
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.
Page 4 | A
Unsolicited communications to chambers are not accepted unless pre-approved by Judge Kearney.
We will not accept unsolicited communications unless pre-approved by Judge Kearney.
Page 4 | A
Witness examination from lectern/table; no comments to jury/other counsel.
Parties may examine witnesses from the lectern, from counsel table, or within hearing distance of the ESR operator or court reporter but not within ten feet of the witnesses. Counsel shall seek permission before approaching witnesses, as warranted. In addition, counsel will direct all comments to Judge Kearney or to the witness under examination and not to other counsel or to the jury.
Page 18 | XI. Trial Procedure. E. Courtroom protocol.
Co-counsel/parties must not distract; instruct gallery attendees to remain silent.
Co-counsel and the parties may not talk to each other or distract the presentation of evidence or argument. Trial counsel shall instruct persons from their offices attending trial in the gallery to not speak in the public courtroom while Judge Kearney or the jury is present as trial counsel should be mindful of waiving privileges or of the effect statements overheard by the public including witnesses, jurors, or members of their families regarding the adversary process may affect the fact-finding process.
Page 18 | XI. Trial Procedure. E. Courtroom protocol.
Limited correspondence must include specific situation description and opposing party's position.
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.
Judge Kearney may hold telephone conferences; chambers will notify counsel of the schedule.
Judge Kearney may hold telephone conferences. Chambers will notify counsel of the date and time for the telephone conference.
Page 4 | B
After Judge Kearney’s brief introduction to the general nature of the case and standard disqualification questions, Judge Kearney will conduct voir dire, with specific approved follow- up questions from counsel. Judge Kearney will then entertain cause and hardship strikes. Counsel will then exercise peremptory challenges by alternate strikes, plaintiff first, until each side has stricken three potential jurors or opts not to use any or all of their strikes. After consultation with counsel based on length of trial, Judge Kearney will typically seat eight jurors in a civil case.
After Judge Kearney’s brief introduction to the general nature of the case and standard disqualification questions, Judge Kearney will conduct voir dire, with specific approved follow- up questions from counsel. Judge Kearney will then entertain cause and hardship strikes. Counsel will then exercise peremptory challenges by alternate strikes, plaintiff first, until each side has stricken three potential jurors or opts not to use any or all of their strikes. After consultation with counsel based on length of trial, Judge Kearney will typically seat eight jurors in a civil case.
Page 18 | XI. Trial Procedure. D. Jury selection in civil cases.
Judge Kearney may require counsel to disclose upcoming witnesses at least one day before the anticipated testimony when warranted to ensure efficient presentation of evidence.
Judge Kearney may require counsel to disclose upcoming witnesses at least one day before the anticipated testimony when warranted to ensure efficient presentation of evidence.
Page 18 | XI. Trial Procedure. E. Courtroom protocol.
Out-of-town parties/witnesses scheduled same as local cases.
Judge Kearney schedules the trial of cases involving out-of-town counsel, parties, or witnesses in the same manner as all other cases. Counsel is responsible for the timely scheduling of witnesses to maximize the jury’s time.
Page 18 | XI. Trial Procedure. C. Cases involving out-of-town parties or witnesses.
Sentencing scheduled on plea acceptance or conviction, typically 110 days later, continued only for good cause.
Sentencing will be scheduled on the day Judge Kearney accepts a defendant's guilty plea or after a defendant is convicted at trial. Sentencing will generally occur approximately one hundred and ten (110) days after a guilty plea or trial. Sentencing will be continued for good cause only.
Page 24 | E. Guilty pleas
Telephone conferences may be held with prior notification.
Judge Kearney may hold telephone conferences. Chambers will notify counsel of the date and time for the telephone conference.
Telephone conferences generally not held in criminal cases unless requested or deemed appropriate.
Judge Kearney does not generally hold telephone conferences with counsel in criminal cases, unless counsel specifically requests one or Judge Kearney finds a conference is appropriate.
Courtroom Deputy handles scheduling of criminal matters.
The Courtroom Deputy handles scheduling of criminal matters.
Junior Lawyer Participation Incentives
Encouragement for developing trial lawyers.
We encourage development of trial lawyers
Page 1 | I.I
Court encourages assigning court presentations and arguments to less experienced attorneys.
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). We are aware experienced trial counsel may not be directly involved in the day-to-day of the discovery process, issues in dispositive motions, or with a particular witness or issue at trial. If warranted, we encourage the parties and thoughtful trial counsel to allow well-prepared but less experienced attorneys to present their client's best position
Page 6 | I. We encourage development of trial lawyers.
Junior lawyers encouraged to present unless lead counsel required.
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).
Page 6 | I. We encourage development of trial lawyers.
Oral argument generally permitted on substantive criminal motions upon request.
Judge Kearney will generally permit oral argument in criminal matters on substantive motions upon request.
Less experienced attorneys may have assistance from more experienced counsel during oral argument.
argument, we may allow more experienced trial counsel to assist the less experienced attorney arguing the motion, where appropriate during oral argument.