Management Procedures |
Procedures | Misc Procedures
|Requirements for District Judge Ed Kinkeade
I. Case Management Procedures
- Preliminary Pretrial Conference ("Rule
Judge Kinkeade does not conduct preliminary
- Fed. R. Civ. P 26(f) Conference
Parties must comply with Rule 26(f). Attorneys may confer
either in person or by telephone.
- 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
- Referrals to Magistrate Judges
Judge Kinkeade rarely refers motions to
the Magistrate Judge.
- 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
- 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.
- 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.
- Judge's Copy of Documents Filed By Electronic Means
Judge Kinkeade requires copies in his civil cases of all dispositive motions, responses, replies and appendices thereto and any filing more than 25 pages in length.
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II. Motion Practice
- 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.
- Summary Judgment
Judge Kinkeade will set the time for filing a motion for summary
judgment in the scheduling order.
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.
- 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.
Refer to either the judge’s scheduling order or the local
rules for deadlines for filing other motions.
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.
- 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
- 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
- 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.
- 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 may allow questioning by attorneys.
- 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.
- Courtroom Decorum
Refer to local civil rule 83.4.
- 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
- 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.
- 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
|Law Clerk for even cases:
|Law Clerk for cases ending in 1, 3 and 5:
|Law Clerk for cases ending in 1, 7 and 9:
Judge Kinkeade does not accept faxed documents unless instructed
to do so by chambers.
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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