Case Management Procedures | Motion Practice | Discovery | Trial Procedures | Misc Procedures | Law Clerk/Extern Positions

Requirements for District Judge Ed Kinkeade

I. Case Management Procedures

1. Preliminary Pretrial Conference ("Rule 16 Conference")
   
   Judge Kinkeade does not conduct preliminary pretrial conferences.
   
   
2. Fed. R. Civ. P 26(f) Conference
   
   Parties must comply with Rule 26(f). Attorneys may confer either in person or by telephone.
   
   
3. Status Report/Scheduling Order
   
   Once an answer has been filed, Judge Kinkeade issues an order requiring counsel for each party to file a joint status report. On receipt of the joint status report, Judge Kinkeade will issue a scheduling order setting deadlines, which may modify those in the Federal Rules of Civil Procedure and the local rules. The parties may agree on a trial date and submit the proposed date in their joint status report. Judge Kinkeade will accommodate the parties’ requested trial date as much as possible. Once the trial date has been set, however, it will not be changed absent extraordinary circumstances, even if all parties agree to the continuance.
   
   
4. Referrals to Magistrate Judges
   
   Judge Kinkeade rarely refers motions to the Magistrate Judge.
   
   
5. Settlement Discussion
   
   Judge Kinkeade favors mediation and encourages counsel to engage in good faith settlement discussions throughout the case. The joint status report must include a discussion of the present status of settlement negotiations and the prospects for settlement, and must contain more than a recitation that settlement discussions have been unsuccessful.
   
   Judge Kinkeade will order mediation in the scheduling order for every case. Parties are given time to agree on a mediator. If the parties cannot agree by the deadline, the Court will appoint a mediator.
   
   
6. Pretrial Order
   
   In addition to the requirements of local civil rule 16.4, parties must also include the estimated length of trial, whether the case is jury or non-jury, list of witnesses, and estimated time each witness will testify. Judge Kinkeade requires parties to submit a pretrial order 14 days before trial.
   
   
7. Final Pretrial Conference
   
   As a general rule, Judge Kinkeade does not conduct pretrial conferences. He will hold a pretrial conference, either in person or by telephone, if the parties request it or he deems it advisable.
   
   
8. Judge Kinkeade has adopted the Standing Order Designating Case for Enrollment in the Electronic Case Files "ECF" System as entered in each of his cases. Judge Kinkeade requires judge's copies in his civil cases of all dispositive motions, responses, replies, and appendices thereto and any document over 25 pages in length. In his criminal cases, Judge Kinkeade does not require a judge's copy of any document electronically filed.
   Current Standing Order

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II. Motion Practice

1. Requirements for Specific Motions
   
   Please do not call the judge's staff to inquire about the status of any motion or proposed order in a specific case.
   
   
1. Summary Judgment
   Judge Kinkeade will set the time for filing a motion for summary judgment in the scheduling order.
   
   
2. Continuance
   Any request that a trial date be modified must be made in writing to the judge. Also, see local rule 40.1, requiring counsel and the party to sign a motion for continuance of the trial date. Again, continuances will be granted only in extraordinary circumstances.
   
   
3. In Limine
   A motion in limine must be confined to case-specific matters actually in dispute. A motion in limine must be filed at least 7 days priors to trial, and counsel must confer on the items. The parties must advise the court in writing at least 24 hours before trial on limine items still in dispute.
   
   
4. Other
   Refer to either the judge’s scheduling order or the local rules for deadlines for filing other motions.
   
   
2. Hearing
   
   Parties may make a written request for oral argument on any motion. However, oral argument on motions is granted on a case by case basis at the Court’s discretion.

III. Discovery

1. Federal Rule of Civil Procedure 26(a)
   
   Judge Kinkeade requires compliance with the initial disclosure requirements of Rule 26(a), but the parties should refer to the Judge’s scheduling order for modification of compliance deadlines.
   
   
2. Filing Discovery Material
   
   Parties are to follow Federal Rule of Civil Procedure 5(d) and Local Civil Rule 5.2.

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IV. Trial Procedures

1. Marking and Exchanging Exhibits
   
   Parties must comply with the requirements of Local Civil Rule 26.2 14 days before trial or by the deadline set out in the Judge’s scheduling order.
   
   
2. Voir Dire
   
   Attorneys may submit written voir dire questions 7 days in advance of trial or by the deadline set out in the scheduling order. The judge conducts the principal voir dire, and then allows questioning by attorneys averaging 20 to 30 minutes per side.
   
   
3. Proposed Jury Instruction/Findings of Fact and Conclusions of Law
   
   Unless otherwise ordered, parties should comply with the deadlines imposed by local civil rule 51.1 or 52.1 no later than 14 days before trial. Requested jury instructions or proposed findings of fact and conclusions of law must cite all supportive authorities. Parties are encouraged to submit a WordPerfect or compatible version on computer diskette along with the printed copy of its requested instructions and questions or findings and conclusions.
   
   
4. Courtroom Decorum
   
   Refer to local civil rule 83.4.
   
   
5. Electronic Equipment in the Courtroom
   
   Judge Kinkeade may permit the use of electronic equipment in the courtroom. Parties with questions regarding the use of electronic equipment should contact the judicial assistant, Cheri Leatherwood, at (214)753-2720.
   

V. Miscellaneous Procedures

1. Judge's Copy of Pleadings
   
   Judge Kinkeade only accepts courtesy copies of pleadings as required by the Standing Order Regarding Electronically Filed Documents, unless requested by chambers.
   
   
2. Telephone Calls to Chambers
   
   Judge Kinkeade allows attorneys to talk with his law clerks, judicial assistant, and courtroom deputy regarding the procedural matters. Please do not call the judge’s staff to inquire about substantive aspects of a specific case.
   
   Attorneys may request to talk with Judge Kinkeade with both parties present.
   
   

   Contact Information:
   

   Judicial Assistant:	Cheri Leatherwood	(214) 753-2720
   Courtroom Deputy:	Ronnie Jacobson	(214) 753-2166
   Court Reporter:	Randy Wilson	(214) 753-2730
   Law Clerk for even cases:	Josh Hedrick	(214) 753-2723
   Law Clerk for cases ending in 1, 3 and 5:	Jennifer Jeffress	(214) 753-2722
   Law Clerk for cases ending in 1, 7 and 9:	Patricia Hubbard	(214) 753-2721

   
   
3. Faxed Document
   
   Judge Kinkeade does not accept faxed documents unless instructed to do so by chambers.
   
   
4. Original Signatures Required
   
   Judge Kinkeade does not accept filings that do not have an original signature for all signing parties (e.g. no faxed signatures). He also does not permit signature by permission for opposing counsel.

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