Author Archives: Steven Callahan

Must Courtesy Copies be Submitted to the Presiding Judge?

It depends on your presiding judge’s requirements, which can be found here.

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What Happens to Sealed Documents After the Case is Finally Disposed Of?

“Unless the presiding judge otherwise directs, all sealed documents maintained on paper will be deemed unsealed 60 days after final disposition of a case.  A party that desires that such a document remain sealed must move for this relief before … Continue reading

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Can a Document be Filed Under Seal?

“A party may file under seal any document that a statute or rule requires or permits to be so filed.”  “If no statute or rule requires or permits a document to be filed under seal, a party may file a … Continue reading

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How Many Motions for Summary Judgment May be Filed?

Typically, one per party:  “Unless otherwise directed by the presiding judge, or permitted by law, a party may file no more than one motion for summary judgment.”  See L.R. 56.2(b).

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What Must a Summary Judgment Motion and Response Include?

A motion for summary judgment must, (i) on the first page, under the heading “summary,” contain a concise statement that identifies the elements of each claim or defense as to which summary judgment is sought, (ii) contain the legal and/or … Continue reading

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When is the Deadline for Filing a Bill of Costs?

Typically, 14 days after the clerk enters judgment:  “A party awarded costs by final judgment or by judgment that a presiding judge directs be entered as final under Fed. R. Civ. P. 54(b) must apply to the clerk for taxation … Continue reading

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How Is a Continuance Obtained?

File a motion for continuance:  “A motion for continuance of a trial setting must be signed by the moving party as well as by the party’s attorney of record.  Unless the presiding judge orders otherwise, the granting of a motion … Continue reading

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When Must a Brief Include a Table of Contents and Table of Authorities?

If the brief is more than 10 pages.  See L.R. 7.2(d).

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Are Sur-Replies Allowed?

Not without leave of court:  “Except for the motions, responses, replies, briefs, and appendixes required by these rules, a party may not, without the permission of the presiding judge, file supplemental pleadings, briefs, authorities, or evidence.”  See L.R. 56.7.

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What are the Page Limits for Briefs?

Briefs cannot exceed 25 pages (excluding table of contents and table of authorities).  Reply briefs cannot exceed 10 pages.  Permission to file a brief containing excess pages will be granted by the presiding judge “only for extraordinary and compelling reasons.”  … Continue reading

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