Judge Mary Kay Costello
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Adjournments
- Extensions/continuances for trial dates or dispositive motion deadlines only granted in extraordinary circumstances.
- Parties are expected to adhere to all dates contained in the Scheduling Order unless there is a compelling reason to justify a change. Counsel should advise the Court immediately of any compelling reason justifying an extension or continuance of any scheduled date. Such a request may be made by letter, describing in detail the basis for the request, noting the agreement or disagreement of all other counsel and setting forth the period of delay requested.
Request must include
Communication
Chambers
Page & Word Limits6 rules
Any brief or memorandum filed in support of or in opposition to a motion in limine must be limited to five pages of double-spaced 12-point font. Reply briefs are not permitted.
- Motion in limine brief
- Up to 5 pages
- Format
- Double-spaced; 12-point
Motions briefs/memoranda limited to 25 pages (excluding TOC, TOA, attachments/exhibits), double-spaced 12-point font.
- Motion brief
- Up to 25 pages
- Format
- Double-spaced; 12-point
Excluded from page count
- •Table of contents
- •Table of authorities
- •Attachments
- •Exhibits
Court's wording
Absent an order stating otherwise, any brief or memorandum filed in support of or in opposition to a motion must be limited to twenty-five pages of double-spaced 12-point font, excluding the table of contents, table of authorities, and any attachments or exhibits.
Sur-reply briefs must not exceed five pages and must be limited to issues newly raised in the opposing party’s reply.
- sur-reply brief
- Up to 5 pages
Complex discovery disputes must be filed as motions, limited to 10 pages, response within 5 days also limited to 10 pages.
- Discovery motion
- Up to 10 pages
- Format
- Double-spaced; 12-point
- Discovery motions
Court's wording
more complicated or involved discovery disputes must be submitted by motion. The motion and any supporting memorandum, together, shall not exceed ten pages of double-spaced 12-point font. The responding party may file a response within five days, also limited to ten pages of double-spaced 12-point font.
Discovery disputes raised by letter limited to 5 pages, response within 5 days also limited to 5 pages.
- Page limit
- Up to 5 pages
- Format
- Double-spaced; 12-point
- Discovery motions
Court's wording
The letter or motion and any supporting memorandum shall not exceed five pages of double-spaced 12-point font. The responding party may file a response within five days, also limited to five pages of double-spaced 12-point font.
In standard track cases, the Court usually allows 120 days from the date of the Rule 16 conference to complete discovery. If counsel anticipates that additional time for discovery will be required, they should raise the issue at the Rule 16 conference or any subsequent status conference.
Document Filing Requirements13 rules
In non-jury cases, submit proposed findings of fact and conclusions of law per Final Pretrial Scheduling Order; revised versions allowed after trial.
Court's wording
In non-jury cases, the parties shall submit proposed findings of fact and conclusions of law as specified in the Court’s Final Pretrial Scheduling Order. The parties may submit revised or supplemental findings of fact and conclusions of law with specific reference to trial evidence at the conclusion of the case. A schedule for the submission of revised findings of fact and conclusions of law will be discussed at the conclusion of trial.
Lay opinion testimony under FRE 701 requires disclosure of supporting information/documents at expert report deadline.
Court's wording
Any party expecting to offer lay opinion testimony pursuant to Federal Rule of Evidence 701 regarding issues of liability or damages shall provide the opposing parties with information or documents supporting the testimony at the time required for submission of expert reports.
If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(4), the Court expects an oral or video recorded deposition to be used at trial for that witness, whether the witness is a party, a non-party or an expert. The unavailability of such witness will not be a ground to delay the commencement or progress of trial.
One day prior to trial, each party shall submit to Chambers a list of all witnesses expected to be called at trial, a list of all exhibits the parties intend to use at trial, and two hard copies of each exhibit in binders with each exhibit separately tabbed. If the parties intend to present evidence electronically, then the exhibits shall also be submitted electronically (on a memory stick, CD, or DVD) with each exhibit as a separate file. If the volume of exhibits makes it impracticable to provide hard copies of all exhibits, then they may be submitted electronically only. However, the parties must be prepared to provide the Court with paper copies of specific exhibits upon request.
- Document
- Trial exhibits
Must include
- •Exhibit list
Government must submit guilty plea memorandum at least 3 days before hearing
- Document
- Guilty plea memorandum
Must include
- •Factual basis
- •Elements of offense
- •Plea agreement terms
- •Statutory maximum penalties
Court's wording
The Government must submit a guilty plea memorandum prior to any guilty plea hearing. The memorandum should include the elements of each offense to which the defendant is pleading guilty, the statutory maximum penalties, the terms of the plea agreement (if applicable), and the factual basis for the plea. The guilty plea memorandum should be provided to the Court at least three days before the guilty plea hearing.
Sentencing memoranda and motions should be filed seven days before the sentencing hearing. Counsel should serve a copy of all sentencing motions and sentencing memoranda on the U.S. Probation Office.
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
Judge Costello requires the petitioner to serve any motion for a TRO on the respondent and notify the respondent of the date and time of the hearing or argument.
No separate statements of undisputed facts for summary judgment; all facts must be in memorandum with pinpoint citations.
Court's wording
Except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall file a statement of undisputed material facts or a separate statement of facts setting forth its interpretation of the record. Instead, all references to the facts must be included in the party’s memorandum with pinpoint citations to the record, including the page of any document or line and page number of any deposition to which reference is made.
Counsel must have client authority and be prepared to discuss all claims, defenses, and topics at pretrial conferences.
Court's wording
Counsel taking part in any pretrial conference must be prepared to speak on every subject, including settlement, and have authority from their clients to do so. Counsel shall be prepared to discuss all claims and defenses in detail, as well as all topics listed in Federal Rules of Civil Procedure 16(b)–(c) and 26(a) and shall have a thorough understanding of the facts of the case.
The vast majority of discovery disputes should be settled by the parties through civility and common sense. Judge Costello expects the parties to have met and conferred in good faith by telephone, by video conference, or in person before submitting a dispute. If the Court's intervention is required to resolve a discovery dispute, the Court may impose sanctions in favor of the prevailing party.
Exhibits must be separately numbered attachments with clear objective titles.
Court's wording
Each document filed as an exhibit must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file.
Judge Costello discourages speaking objections. Instead, counsel lodging an objection should state “objection” and cite the relevant rule. Judge Costello will permit sidebars only sparingly.
Filing & Service rules
Pre-Motion Conference Requirements
Rule 16 conference scheduled after all defendants answer; joint Rule 26(f) report with discovery plan due 3 business days before conference.
The Court will schedule a preliminary pretrial conference as described in Federal Rule of Civil Procedure 16 shortly after all defendants have answered the Complaint. At least three business days prior to the pretrial conference, counsel must submit to Chambers a joint report of the Rule 26(f) meeting with a proposed discovery plan. The Rule 26(f) meeting should take place as early in the case as possible.
Page 2 | A. Rule 16 Conferences
Reply briefs and sur-reply briefs may be filed without seeking leave and must be filed no later than seven days after the filing to which the brief responds.
Reply briefs and sur-reply briefs may be filed without seeking leave and must be filed no later than seven days after the filing to which the brief responds.
Pre-motion conference required 7 days before filing Rule 12(b)(6), (e), or (f) motions, except in pro se, bankruptcy, or social security cases.
Except in cases involving a pro se litigant, or in bankruptcy or social security appeals, counsel contemplating filing a motion under Federal Rule of Civil Procedure 12(b)(6), (e), or (f), shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter. This conference shall take place at least seven days before the filing of the motion.
Summary judgment rarely granted in non-jury cases.
Judge Costello will rarely grant summary judgment in a non-jury case.
Adjournment & Extension Requirements
Extensions/continuances for trial dates or dispositive motion deadlines only granted in extraordinary circumstances.
A request for an extension or continuance of the date on which the case is listed for trial or the deadline for filing dispositive motions will rarely be granted and will only be considered in extraordinary circumstances.
Page 2 | B. Continuances and Extensions
Parties are expected to adhere to all dates contained in the Scheduling Order unless there is a compelling reason to justify a change. Counsel should advise the Court immediately of any compelling reason justifying an extension or continuance of any scheduled date. Such a request may be made by letter, describing in detail the basis for the request, noting the agreement or disagreement of all other counsel and setting forth the period of delay requested.
Parties are expected to adhere to all dates contained in the Scheduling Order unless there is a compelling reason to justify a change. Counsel should advise the Court immediately of any compelling reason justifying an extension or continuance of any scheduled date. Such a request may be made by letter, describing in detail the basis for the request, noting the agreement or disagreement of all other counsel and setting forth the period of delay requested.
Page 2 | B. Continuances and Extensions
Chambers Communication Rules
Communications regarding civil and criminal cases should be directed to Judge Costello's Courtroom Deputy Clerk, Michael Coyle, at 267.299.7720 or chambers costello@paed.uscourts.gov. Direct communication with law clerks is prohibited.
Communications regarding civil and criminal cases should be directed to Judge Costello's Courtroom Deputy Clerk, Michael Coyle, at 267.299.7720 or chambers costello@paed.uscourts.gov. Direct communication with law clerks is prohibited.
Page 1 | I. GENERAL MATTERS
In general, Judge Costello expects counsel to bring matters to her attention only after they have been discussed with opposing counsel.
In general, Judge Costello expects counsel to bring matters to her attention only after they have been discussed with opposing counsel.
Page 1 | I. GENERAL MATTERS
Correspondence limited to scheduling, routine matters, and settlement notifications; other communications must be filed as pleadings/motions.
Counsel and pro se litigants may correspond with the Court concerning scheduling, routine matters, or to advise the Court that a case has been settled. All other communications with the Court should be made by the filing of pleadings, motions, applications, briefs, or similar filings permitted by the Federal Rules of Civil or Criminal Procedure or the Local Rules of Civil or Criminal Procedure.
Page 1 | I. GENERAL MATTERS