Judge William F. Kuntz
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
- When Fully Briefed
Exhibits
- 1 copy • Upon Filing
Motion, Stipulation
- Upon Filing
Adjournments
- Adjournment requests for court appearances require written submission at least 48 hours in advance, with emergency requests within 48 hours initiated by phone to the case manager.
- Extension requests must be in writing and include the original date, prior extension history, and the adversary’s consent position including reasons for refusal.
Request must include
- When the adversary does not consent, extension requests must be submitted at least 24 hours before the deadline unless good cause is shown.
Communication
Phone
Chambers
Letter via fax
Chambers
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
reply memoranda are limited to ten (10) double-spaced pages using Times New Roman twelve (12) point font.
Summary: Reply memoranda are limited to 10 double-spaced pages in 12-point Times New Roman.
Reply Memorandum
10 pages
Machine summary. Not checked yet.Mandatory?
memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, using Times New Roman twelve (12) point font.
Summary: Support and opposition memoranda are limited to 25 double-spaced pages in 12-point Times New Roman.
Memorandum Support Or Opposition
25 pages
Document Format Requirements3 rules
Machine summary. Not checked yet.Mandatory?
Requests to charge shall be submitted at least seven (7) days before trial in hard copy and counsel should contact chambers to obtain an email address to send the electronic versions of the documents.
Summary: Requests to charge must be submitted 7 days before trial in hard copy, with electronic versions sent to chambers by email.
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No letter briefs shall be permitted.
Summary: Letter briefs are prohibited.
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Where exhibits are voluminous, they should be placed in binders with tabs.
Summary: Voluminous exhibits should be organized in tabbed binders.
Document Filing Requirements14 rules
Machine summary. Not checked yet.Mandatory?
If the requested extension affects any other scheduled dates, a proposed revised scheduling order must be provided, and it must clearly indicate whether the proposed revised dates are on consent or not on consent.
Summary: An extension request affecting other deadlines must include a proposed revised scheduling order that states whether dates are on consent.
Document Type
Extension Request
Machine summary. Not checked yet.Mandatory?
Motions for default judgment will not be considered absent prior issuance of a certificate of default by the Clerk of Court in accordance with Local Civil Rule 55.1.
Summary: A certificate of default issued by the Clerk is a prerequisite to consideration of a default judgment motion.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
If the Service Members Civil Relief Act applies to the defaulting party, a complaint non-military affidavit must have been filed.
Summary: When the Service Members Civil Relief Act applies, a non-military affidavit must be filed for default judgment practice.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
Where service on the defaulting party is made solely on the Secretary of State, counsel must certify that s/he is unaware of any other address where the defaulting party may be found.
Summary: If service was only through the Secretary of State, counsel must certify no other known address for the defaulting party.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
The movant must append to the motion proof of service of the motion for default judgment on the defaulting party.
Summary: A default judgment motion must include proof of service on the defaulting party.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, or when permission to file a motion under Rule 56 has been granted, within sixty (60) days from the date discovery in a civil case is certified as complete, the parties shall electronically file a joint pre-trial order for the Court’s approval, which shall include the following:
Summary: In civil cases, parties must electronically file a joint pre-trial order within 60 days after discovery is certified complete, subject to the stated exceptions.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Only exhibits listed will be received in evidence except for good cause shown.
Summary: Only listed exhibits will be admitted into evidence unless good cause is shown.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
In jury cases, proposed voir dire questions, jury instructions, and a verdict sheet.
Summary: In civil jury cases, parties must file proposed voir dire questions, proposed jury instructions, and a verdict sheet.
Document Type
Pretrial Jury Filings
Machine summary. Not checked yet.Mandatory?
Only listed witnesses will be permitted to testify except where prompt notice has been given and good cause shown.
Summary: Only witnesses listed in the pre-trial submissions may testify unless prompt notice is given and good cause is shown.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
All exhibits must have pre-marked for the trial and exchanged with the other parties at least ten (10) days before trial.
Summary: Exhibits must be pre-marked and exchanged with other parties at least 10 days before trial.
Document Type
Exhibits
Machine summary. Not checked yet.Important?
All memoranda must have the date of service plainly visible on the front cover.
Summary: Every memorandum must display the date of service prominently on its front cover.
Document Type
Memorandum
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Memoranda of ten (10) pages or more shall contain tables of contents and authorities.
Summary: Memoranda that are 10 pages or longer must include a table of contents and a table of authorities.
Document Type
Memorandum 10 Pages Or More
Machine summary. Not checked yet.Important?
If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion.
Summary: When parties wait to file until fully briefed, they must serve papers with a cover letter containing specified information and file only that cover letter in advance as a letter filing.
Document Type
Cover Letter
Machine summary. Not checked yet.Important?
The notice of motion shall state “Oral Argument Requested.”
Summary: A notice of motion must include the phrase “Oral Argument Requested” to request oral argument.
Document Type
Notice Of Motion
Filing & Service rules
Courtesy Copy Requirements
Electronically filed motion papers and stipulations require courtesy hard copies to chambers at filing, with specific ECF-related markings.
Hard copies of all motion papers and stipulations filed electronically, including any documents attached thereto must be provided to chambers. All such papers must be clearly marked “Courtesy Copy,” “Original Filed by ECF,” and must identify as “Docket Entry Number _ ” (the document number the ECF system assigns to the filing). Courtesy Copies of motion papers shall only be submitted at the time of filing pursuant to Rule III(G)(2) infra.
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Page 2 | II. ELECTRONIC CASE FILING, C. Courtesy Copies
Non-pro-se moving parties must provide chambers with a full courtesy-copy set of motion papers and a letter itemizing the package.
In addition, the moving party (unless pro se) shall furnish chambers with a full set of courtesy copies of the motion papers, together with a letter specifying each document in the package.
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Page 4 | III. CIVIL MOTIONS - G. Service and Filing of Motions Other Than For Default Judgment
When exhibits are filed in hard copy instead of electronically, parties must provide both an original-marked copy and a courtesy copy.
If exhibits are not electronically filed, one copy must be clearly marked “Original” and the other marked “Courtesy Copy.”
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Page 2 | II. ELECTRONIC CASE FILING, D. Voluminous Filings
Sealing & Redaction Procedures
Sealed electronic filing requires prior leave by motion with the proposed filing attached under seal, and only then may the original be filed separately under seal in ECF.
Parties must seek permission to file electronic documents under seal. To obtain permission, the party must file a motion for leave to file under seal with the proposed filing as a sealed attachment. If leave is granted, the original document may be filed in a separate filing under seal in ECF.
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Page 2 | II. ELECTRONIC CASE FILING, G. Filing Documents under Seal
Filing Bundling Requirements
The Court encourages parties to hold motion filing until briefing is complete.
As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed.
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Page 4 | III. CIVIL MOTIONS - G. Service and Filing of Motions Other Than For Default Judgment
Pre-Motion Conference Requirements
After the Rule 12 pre-motion decision order, plaintiffs have 21 days to amend as of right; amendments after that require leave under Rule 15(a)(2).
For timing purposes under FRCP 15, the plaintiff will be allowed to amend the complaint as a matter of right within twenty-one (21) days of entry of the Order on ECF stating the decision allowing or disallowing the filing of the first Rule 12 motion. In the event the plaintiff desires to amend the complaint beyond that twenty-one (21) day period, plaintiff must seek leave of the Court to file an amended complaint pursuant to FRCP 15(a)(2).
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Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences
For Rule 12 timing purposes, the pre-motion conference letter is treated as the motion itself.
For purposes of the timing requirements for motions permitted under FRCP 12, a pre-motion conference letter requesting permission to file a motion under that Rule shall be considered equivalent of the motion itself.
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Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences
A pre-motion conference request requires a three-page letter stating the motion basis, and optional responses are limited to three pages within five business days.
To request a pre-motion conference, the moving party shall serve on all other parties and electronically file a letter not to exceed three pages in length stating the basis for the anticipated motion. All parties so served may, but are not required to, serve and file a letter response not to exceed three pages, within five business days from service of the notification letter.
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Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences
A pre-motion conference is mandatory before filing specified motions, including Rule 12, Rule 56, venue change, arbitration, Rule 24 intervention, and Rule 15 leave-to-amend motions.
A pre-motion conference with the Court must be requested before making any motion: (i) pursuant to Federal Rule of Civil Procedure (“FRCP”) 12 or 56; (ii) for a change of venue; (iii) to compel arbitration; (iv) to intervene pursuant to FRCP 24, or (v) to amend a pleading pursuant to FRCP 15 where leave of the Court is required.
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Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences
Rule 56 motions must be made within 30 days of discovery completion absent good cause, and a timely pre-motion letter satisfies timely service.
No motion for summary judgment pursuant to FRCP 56 may be made later than thirty (30) days after discovery has been certified as complete except for good cause shown. Service of a pre-motion letter within that time period will constitute timely service of a motion for summary judgment under that Rule.
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Page 3 | III. CIVIL MOTIONS - C. Summary Judgment Motions
Parties must obtain Court approval of a briefing schedule before serving motion papers, and schedule changes require court order.
The parties are to set up their own briefing schedule and submit it to the Court for approval. No party is to serve any motion paper prior to obtaining court approval for the schedule. No changes to the approved schedule may be made without court order.
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Page 4 | III. CIVIL MOTIONS - E. Scheduling of Motions
Default judgment motions must be noticed after the certificate of default is docketed and set returnable 20 days after service of notice.
Notwithstanding any other rule, all motions for default judgment shall be noticed after the Clerk of Court has docketed the certificate of default and shall be returnable twenty (20) days after the notice of motion shall have been served.
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Page 4 | III. CIVIL MOTIONS
In criminal cases, counsel must raise contemplated motions at a status conference or submit a written pre-motion conference request stating the grounds before filing.
Counsel shall advise the Court of any contemplated motion at a status conference scheduled by the Court. If no status conference is scheduled, counsel shall request a pre-motion conference in writing and briefly state the grounds for such motion before filing any motion.
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Page 5 | IV. CRIMINAL MOTIONS - A. Pre-Motion Conferences in Criminal Cases.
Sentencing applications must be filed in writing by defense counsel at least five business days before sentencing, and any government response is due at least two business days before sentencing.
Applications regarding sentencing shall be made in writing by defense counsel at least five (5) business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two (2) business days before the date of sentencing.
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Page 5 | IV. CRIMINAL MOTIONS - E. Sentencing Motions.
Civil motions in limine must be filed by the stated pretrial deadline, with responses due five days later unless otherwise ordered.
Unless otherwise ordered by the Court, fifteen (15) days before the date of commencement of the trial, if such a date has been fixed, or thirty (30) days after the filing of the final pre-trial order if no trial date has been fixed, the parties shall file: 1. Motions in limine addressing evidentiary or other trial management issues in dispute. Responses, if any, shall be due five (5) days later unless otherwise ordered by the Court. Oral argument, if necessary, shall be scheduled at the convenience of the Court.
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Page 6 | V. PRE-TRIAL PROCEDURES - B. Filings Prior to Trial in Civil Cases.
Pre-motion conferences are not required for listed categories of motions and case types, and the Court may waive them when unnecessary.
No pre-motion conference shall be required for post-trial motions, habeas corpus/prisoner petitions, Social Security appeals, bankruptcy appeals, motions for withdrawal of the reference, objections to a report and recommendation of a magistrate judge, motions to stay, motions to remand to State Court, or where the Court determines that a pre-motion conference is unnecessary.
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Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences
Criminal motion filing and scheduling follow the civil motion rules except for sentencing motions, unless the Court orders otherwise.
Except for sentencing motions, follow the rules for civil motions unless otherwise directed by the Court.
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Page 5 | IV. CRIMINAL MOTIONS - B. Filing and Scheduling of Motions.
In criminal cases, oral argument dates for motions are set by the Court.
Oral argument on all criminal motions will be heard on a date set by the Court.
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Page 5 | IV. CRIMINAL MOTIONS - D. Oral Argument on Motions.
Adjournment & Extension Requirements
Adjournment requests for court appearances require written submission at least 48 hours in advance, with emergency requests within 48 hours initiated by phone to the case manager.
A request for an adjournment of a court appearance shall be made in writing at least forty-eight (48) hours prior to the appearance and in the form applicable to a request for an extension of time. Emergency requests for an adjournment made within forty-eight (48) hours prior to the scheduled court appearance shall be initiated by a phone call to the case manager.
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Page 1 | I. GENERAL PRACTICES, C.4. Request for Adjournment of Court Appearance
Extension requests must be in writing and include the original date, prior extension history, and the adversary’s consent position including reasons for refusal.
All requests for extensions of time to comply with any rule or order must be in writing and state: (1) the original compliance date, (2) the number of previous requests for extension, adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
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Page 1 | I. GENERAL PRACTICES, C.5. Request for Extension of Time Unrelated to a Court Appearance
When the adversary does not consent, extension requests must be submitted at least 24 hours before the deadline unless good cause is shown.
If the adversary has not consented, requests for extensions will not be considered unless submitted twenty-four (24) hours prior to the scheduled deadline, absent good cause shown.
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Page 2 | I. GENERAL PRACTICES, C.5. Request for Extension of Time Unrelated to a Court Appearance
Chambers Communication Rules
Telephone calls to chambers are prohibited for general information that is not about docketing, scheduling, or calendar matters.
Telephone calls to chambers for general information unrelated to docketing, scheduling, or a calendar matter are not permitted.
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Page 1 | I. GENERAL PRACTICES, C.2. Telephone Calls
Fax communications to chambers are limited to time-sensitive matters with prior authorization, must be copied to all counsel, and should not be followed by hard copy unless directed.
Faxes to chambers are permitted only for time-sensitive requests and where prior authorization from chambers has been obtained. Any authorized faxes shall be simultaneously faxed or delivered to all counsel. Do not follow with a hard copy, unless otherwise directed by the Court.
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Page 1 | I. GENERAL PRACTICES, C.3. Faxes
Communications to chambers must be filed as ECF letters with service on all counsel, and routine correspondence between counsel should not be sent to the Court.
Communications with chambers shall be in writing and filed on ECF, with copies simultaneously delivered to all counsel. Copies of correspondence between counsel, except where formally annexed to pleadings or motion papers, shall not be sent to the Court.
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Page 1 | I. GENERAL PRACTICES, C.1. Letters
Counsel should contact chambers to obtain the email address for sending electronic versions of requests to charge.
Requests to charge shall be submitted at least seven (7) days before trial in hard copy and counsel should contact chambers to obtain an email address to send the electronic versions of the documents.
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Page 7 | C. Filings Prior to Trial in Criminal Cases