PRACTICES AND PROCEDURES OF
MAGISTRATE JUDGE MAUREEN P. KELLY
I. GENERAL MATTERS
A. Communications with the Court
Counsel are not to send letter motions/briefs to Magistrate Judge Kelly unless she
specifically requests or approves this practice. Requests for the rescheduling of
conferences may be made by telephone to the Court’s Deputy Clerk but only if counsel for
all parties are on the line. Otherwise, such requests are to be made by motion.
B. Communications with Chambers
Counsel may contact Magistrate Judge Kelly's staff to discuss administrative matters and
to inquire as to the status of pending motions.
C. Telephone Conferences
Requests for counsel or parties to participate by phone will be considered on a case by
case basis. Unless otherwise ordered, initial case management conferences and
settlement conferences will not be conducted over the telephone.
When a telephone conference by all counsel is permitted, counsel must initiate the call
and contact the Court once all parties are on line.
D. Pro Hac Vice Admissions
Pro hac vice motions are routinely granted as long as all of the requirements of Local
Rule 83.2.B. are met.
E. Comments to the Media
Attorneys are expected to adhere to the Rules of Professional Conduct in all dealings,
including those with the media.
II. MOTIONS PRACTICE
A. Oral Argument
Oral argument is reserved for factually or legally complex matters. The parties may file a
motion requesting oral argument although such motions are generally disfavored. If the
Court deems oral argument to be appropriate, an Order will issue. Magistrate Judge
Kelly does not set aside a specific day or time for argument of motions.
B. Briefs
With the exception of motions for enlargement of time and for a continuance, all
motions must be accompanied by a brief. The supporting brief must be filed
contemporaneously with the motion. The brief may be omitted if the motion contains
sufficient argument and legal citations to permit meaningful judicial review.
1. Page Limitations
Magistrate Judge Kelly imposes a page limitation of twenty-five (25) pages for
all dispositive and responsive briefs. The page limitations for non-dispositive
moving and responsive briefs is five (5) pages.
2. Citation to Unpublished Opinions
When citing to unpublished opinions, counsel is to use the Westlaw citation
rather than the LEXIS cite.
3. Reply Briefs
Reply briefs of no more than five (5) pages may be filed within fourteen (14)
days of service of a response to a dispositive motion. No sur-reply to a
dispositive motion shall be filed without leave of court.
4. Font
All motions and briefs shall use a font not smaller than 12.
C. Chamber Copies of Motion Papers
Because all motions and briefs filed with the Court are available on CM/ECF, courtesy
copies should not be forwarded to the Court unless the filing and any exhibits exceed
twenty-five (25) pages.
D. Scheduling
Responses to non-dispositive motions shall be filed within fourteen (14) days of service,
and responses to dispositive motions shall be filed within thirty (30) days of service,
unless a separate briefing Order has been issued.
Summary judgment motions are generally scheduled to be filed within thirty (30) days of
the close of discovery. Counsel must follow Local Rule 56.1.
E. Evidentiary Hearings
The scheduling of evidentiary hearings is determined on a case by case basis.
F. Motions In Limine
Motions in limine and supporting briefs are expected prior to trial and a date for filing
same will be set at the final pretrial conference. Generally, the Court will rule on these
motions prior to trial.
G. Proposed Orders
In accordance with local rules, each and every motion shall be accompanied by a
proposed order of court. The order of court shall include language detailing the specific
relief sought, and not simply that the motion “is granted.”
III. CIVIL CASES
A. Pretrial Procedures
1. Local Rule 16.1
The Court uses a standard case management order form based on Local Rule
16.1. Pretrial statements must comply with Local Rule 16.1.C. Please see
Case Management Order, infra.
2. Conferences
a. Initial Case Management Conferences
Magistrate Judge Kelly schedules an initial case management conference
within approximately two weeks of the filing of the answer(s) by
defendant(s). If a motion to dismiss is filed in lieu of an answer, the
Court will schedule an initial case management conference within
approximately two weeks of the order disposing of the motion. Trial
counsel shall attend the initial case management conference.
The following matters are generally discussed at the initial case
management conference: (1) length of time needed for discovery; (2)
ADR/settlement elections; (3) the Court's standing Order on Motions
Practice; and (4) dates that will control pretrial scheduling.
b. Post-Discovery Conferences
A post-discovery conference will be scheduled within two weeks of the
close of discovery. Trial counsel must attend.
c. Settlement Conferences
Magistrate Judge Kelly requires that trial counsel and a representative of
each party with settlement authority, including insurance companies,
attend all settlement conferences.
d. Other Conferences
Additional case management conferences may take place at the request
of counsel or at the Court's discretion.
3. Settlement
At every conference, at each stage of the litigation, the Court will explore the
possibility of resolving the case short of continued litigation and may suggest
arbitration, early neutral evaluation, mediation, or other forms of ADR.
With the exception of social security appeals, petitions for habeas corpus and
prisoner civil rights cases, all cases filed after January 1, 2008, are required to
participate in the Court's ADR program pursuant to Local Rule 16.2.
At least three days prior to a scheduled settlement conference, the parties shall
fax to Magistrate Judge Kelly's chambers at (412) 208-7457 a confidential
settlement conference statement. To ensure candor, the position statements are
not to be filed with the Clerk of Courts, nor served upon the other party. The
confidential settlement conference statement shall include the following:
a. A brief statement of the facts of the case;
b. A brief statement of the claims and defenses, including a
forthright evaluation of the parties' likelihood of prevailing on
the claims and defenses, and a description of the major issues in
dispute;
c. An estimate of the cost and time to be expended for trial;
d. The relief sought;
e. The party's position on settlement, including present demands
and offers and history of past settlement discussions, offers,
and demands; and
f. Any other evidence, including depositions or trial exhibits, that
counsel believes would be useful to Magistrate Judge Kelly in a
analyzing the case.
4. Extensions and Continuances
Requests for extensions of time and continuances shall be presented by written
motion, contain supporting facts and indicate the position of opposing counsel.
Reasonable extensions generally will be granted.
B. Discovery Matters
1. Length of Discovery Period and Extensions
Magistrate Judge Kelly solicits input from counsel on the anticipated length of
discovery required. In this regard, counsel must comply with the provisions of
Fed. R. Civ. P. 26 generally, and must file the written report required by Rule
26(f) proposed discovery plan prior to the initial case management conference.
Please see Order Setting Initial Case Management Conference, infra.
2. Expert Witnesses
The Court has no specific practice with regard to discovery depositions of expert
witnesses. Expert depositions may be taken after the close of factual discovery.
3. Discovery/Deposition Disputes
For discovery disputes that arise during a deposition, all of the attorneys may
jointly call the Court to resolve the matter at that time. All other discovery
disputes shall be presented in a written motion accompanied by a certification as
required by Federal Rule of Civil Procedure 37(a)(1).
4. Stay of Discovery
The filing of a motion to dismiss or other dispositive motion generally will not stay
discovery. For cases participating in the ADR program, it is the policy of the
Court generally not to stay discovery. A stay may be sought by motion but will
be granted only if the right to relief is clear or some other compelling reason exists.
5. Limitations on Discovery
The Court follows the Federal Rules of Civil Procedure on this matter and does
not impose additional restrictions or limitations.
6. Rule 11 Motions - Rule 37 Sanctions
Counsel are expected to comply with the federal and local rules. The Court has no
additional requirements and will rule promptly.
C. Injunctions and TROs
Either upon consent of the parties or referral by a District Court Judge to Magistrate Judge
Kelly, a briefing schedule will be issued and a hearing date will be scheduled. Requests
for and the use of expedited discovery are considered on a case by case basis.
D. Trial Procedures
1. Scheduling of Cases
A date certain will be given for trial following the final pretrial conference.
Vacation schedules and personal/professional obligation conflicts of the attorneys,
parties and witnesses will be accommodated where possible and the Court must
be notified of any conflict as soon as possible.
2. Trial Hours/Days
Generally, cases will be tried Monday through Friday, 9:00 a.m. to 4:00 p.m.,
with breaks when appropriate. Magistrate Judge Kelly will meet with counsel before
and after these appointed times to discuss trial/evidentiary issues.
3. Trial Briefs
Trial briefs are not required but are encouraged and should not exceed fifteen
(15) pages. The filing date for the briefs will be set at the final pretrial
conference.
4. Motions In Limine
Motions in limine must be filed at least seven (7) days prior to the
commencement of trial absent good cause shown.
5. Voir Dire
The filing date for proposed voir dire questions will be set at the final pretrial
conference. Magistrate Judge Kelly's Courtroom Deputy will conduct the voir
dire. Supplemental questions will be permitted as required.
6. Notetaking by Jurors
The Court usually allows jurors to take notes unless counsel articulates a valid
objection prior to the commencement of trial.
7. Side Bars
Side bars will be permitted when necessary. However, counsel should be
mindful of the negative impression side bars create on the jurors. Counsel
should anticipate matters to be discussed outside of the jurors' presence and
raise them either at the beginning or end of each trial day.
8. Examination of Witnesses Out of Sequence
Examination of a witness out of sequence is permitted.
9. Opening Statements and Summations
There are no court imposed time limits on opening statements and closing
arguments. Defense counsel may defer opening statements.
10. Examination of Witnesses or Argument by More than One Attorney
One attorney for each party may conduct an examination of any witness and
may argue any motion or point.
11. Examination of Witnesses Beyond Direct and Cross
Redirect and recross of a witness will be permitted but may not exceed the scope
of the immediately preceding line of questions. The Court does not permit any
further examination.
12. Videotaped Testimony
Magistrate Judge Kelly has no special procedures or requirements with respect
to the use or admission of videotaped testimony. Counsel, however, should
inform the court in advance of trial of the intention to use such evidence, so that
the Judge and parties may discuss the procedures to be utilized.
13. Reading of Material into the Record
The Court has no special practice with regard to reading deposition testimony,
stipulations and the like into the record. It will be considered on a case by case
basis.
14. Exhibits
All exhibits must be listed in the Pretrial Narrative Statements. Plaintiff(s) shall
use numbers; defendant(s) shall use letters. The parties are expected to comply
with Local Rule 16.1.C.5 by exchanging exhibits prior to the final pretrial
conference, unless otherwise ordered by the Court, and should be prepared to
indicate a position at the final pretrial conference with regard to the authenticity
and admissibility of the opponent's exhibits. All exhibits shall be marked before
trial. Exhibits may be introduced out of sequence.
Counsel shall obtain the Court's approval in advance for use of any visual aid(s)
during opening statements. Otherwise, visual aids are permitted during trial and
should be marked and offered into evidence as with any other exhibit.
Counsel for each party will be expected to provide two (2) tabbed exhibit binders
to the Court and one (1) binder to counsel for each opposing party in advance of
trial.
15. Directed Verdict Motions
Magistrate Judge Kelly does not have any special requirements beyond that set forth
in the Federal Rules of Civil Procedure.
16. Jury Instructions and Verdict Forms
The Court requires counsel to confer and submit a single set of agreed upon
jury instructions and a proposed verdict form. To the extent that the parties
cannot agree on a particular instruction or form, the various versions proposed by
the parties and/or any objections shall be included where appropriate in the
document. The date for filing same will be set in the Final Pretrial Order. The
Court will hold a charging conference at which time counsel will receive the
final charge and verdict form to be given to the jury.
17. Proposed Findings of Fact and Conclusions of Law
In any non-jury trial, the parties will be required to submit proposed findings of
fact and conclusions of law within thirty (30) days of the conclusion of
testimony/final argument.
18. Offers of Proof
Offers of proof should not be required since the Court sets aside time before
and after a trial day to discuss trial/evidentiary matters with counsel. Should the
need arise during trial, however, the Court does not impose any restrictions.
19. General Courtroom Rules
Counsel shall conduct themselves with courtesy and civility at all times.
Magistrate Judge Kelly will not tolerate demonstrations of hostility,
discrimination or bias of any kind. All parties and party representatives are also
expected to conduct themselves in a similarly appropriate manner.
E. Jury Deliberations
1. Written Jury Instructions
The jury will be given a written copy of the jury instructions.
2. Exhibits in the Jury Room
All admitted exhibits will be given to the jury for use in deliberations, except
those that could prove to be dangerous.
3. Jury Requests to Read Back Testimony or Replay Tapes
During Deliberations
Generally the Court is not inclined to grant these requests. In the event of
such a request, the Court will confer with counsel and arrive at a satisfactory
instruction.
4. Jury Questions
Jury questions must be in writing. The Court will confer with counsel and arrive
at a satisfactory instruction/response.
5. Availability of Counsel During Jury Deliberations
Trial counsel may not remain in the courtroom during deliberations but must be
available by telephone and able to return to the courthouse within a reasonably
short period of time.
6. Interviewing the Jury
Magistrate Judge Kelly will inform the jurors that they may speak to counsel
but are not required to do so. Counsel shall not approach any juror until the
Court has met with and dismissed them.
F. General
1. Special Types of Cases
Magistrate Judge Kelly has no special practice or procedure with respect to
any particular type of case.
2. Other Individual Practices and Procedures
The attorneys, parties and witnesses must be civil and courteous to one
another at all times.
IV. CRIMINAL CASES
Criminal cases before Magistrate Judge Kelly are limited to petty offenses,
misdemeanor charges and preliminary criminal proceedings (e.g., arraignment,
detention hearings, etc.). Counsel must be well prepared and have conferred with their
client prior to the scheduled criminal proceeding. Counsel shall conduct themselves with
courtesy and civility.
