Judge Angel Kelley

Federal Judicial Service

Judge, U.S. District Court, District of Massachusetts.

Nominated by Joe Biden on May 12, 2021, to a seat vacated by Douglas P. Woodlock; Confirmed by the Senate on September 14, 2021, and received commission on September 15, 2021.

Education

Colgate University, BA 1989
Georgetown University Law Center, JD 1992
Temple University School of Law, LL.M 2003

Courthouse

Boston Courthouse

John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210

Courtroom

8, 3rd floor

John J. Moakley Federal Courthouse - Boston, MA
John J. Moakley Federal Courthouse - Boston, MA
Courtroom Technology

Contact the courtroom clerk regarding the use of technology in the courtroom. View our courtroom technology page for more information on the technology that is available.

Internet access is available upon request and with the consent of the presiding Judge. Click here for more information.

Clerkship Applications

District Judge Angel Kelley posts clerkship openings for particular terms on OSCAR. Applicants are welcome to send hard copies of clerkship applications to chambers even if there is no active OSCAR posting. Judge Kelley requires candidates to have at least three years of legal work experience after graduating law school by the start of their clerkship. Applicants should provide a cover letter, resume, writing sample, law school transcript, and three references, including at least one professional (rather than academic) reference. Applicants should indicate in their cover letter which year(s) they are interested in clerking. Candidates of all backgrounds, including those with diverse life experiences or prior clerkships, are encouraged to apply.

Internships

Law students interested in internships in District Judge Angel Kelley's chambers should submit hard copies of a cover letter, resume, undergraduate transcript, law school transcript, and writing sample to chambers. If applicants submit an application and grades for a term later become available, applicants should update their application with a new transcript. Candidates of all backgrounds, including those with diverse life experiences or prior judicial internships, are encouraged to apply. Full-time interns are preferred, though applicants may apply for part-time positions during the fall and spring semesters. All fall and spring semester interns are expected to work at least 24 hours per week, preferably as three 8-hour days. Internships are in-person, not remote. Judge Kelley generally accepts internship applications during the following periods:

Fall Internships: March 1 – April 15

Spring Internships: September 15 – October 20

Summer Internships: December 15 – January 31

Staff
USDC Judicial Forum Survey

Civil - Case Management

Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?

A1: Parties should address the topics listed in the Court’s standing order regarding scheduling practices. A sample scheduling order is attached thereto. In addition to proposed dates for discovery and dispositive motion deadlines, the parties should indicate whether they consent to trial by magistrate judge.

Q2: If you have a specific scheduling order, please attach your order.

Q3: Do you have any additional requirement(s) as to the attorneys' obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?
A3: No.

Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?

A4: The Court inquires generally whether the parties have discussed possible settlement. The Court also inquires whether the parties are interested in referral to the court’s mediation program.

Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?

A5: The Court will inquire generally about the likelihood of trial the first time it sees the parties.

Q6: What schedule do you set at the initial scheduling conference?
A6: Typically, the Court will issue a scheduling order addressing fact and expert discovery, dispositive motions, and the date of the next status conference. Prior to the scheduling conference, the parties are directed to consult and submit an agreed-upon pretrial schedule no later than 7 days before the scheduling conference. If the Court finds that the parties’ proposed deadlines are reasonable or require only minor adjustments, it may enter a scheduling order in lieu of holding the scheduling conference.

Q7: After the initial scheduling conference, do you hold status conferences?
A7: Yes.

Q8: If so, when do you hold status conferences?

A8: The Court will schedule a status conference near the close of fact discovery and may also schedule a conference during the discovery period to ensure the case is progressing.

Q9: If so, what issues do you address at status conferences?

A9: The Court addresses any outstanding fact discovery to be complete; the parties’ plans for expert discovery; whether the parties anticipate filing dispositive motions; and whether the parties would like a referral to the court’s mediation program. If the parties do not anticipate filing dispositive motions and do not seek to mediate, the Court may set a trial date.

Civil - Discovery

Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties' joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?
A10: The Court recognizes that, in some cases, resolution of one or more preliminary issues may remove a significant impediment to settlement or otherwise expedite resolution of the case. Counsel are encouraged to confer with one another to resolve or narrow any such discovery issue prior to raising it to the Court. Any stipulations resolving such issues or appropriate motions seeking a ruling from the Court should be filed at the earliest stage possible in the litigation.

Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
A11: The Court expects counsel to consult about any such issues and raise them to the Court only as needed.

Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?
A12: The Court encourages counsel to file a proposed protective order at the earliest possible time.

Q13: Under what circumstances would you consider a bifurcation of discovery?
A13: The Court may consider a bifurcation of discovery if the parties propose such an approach in their joint proposed schedule.

Q14: Given the new requirement under Fed. R. Civ. P. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any inquiry do you make about this issue at the initial scheduling conference?
A14: The Court expects counsel to consult about any such issues and raise them to the Court only as needed.

Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?
A15: Further details regarding the Court’s expectations as to discovery motions are set out in the Court’s standing order regarding motion practice.

Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?

A16: The Court often resolves discovery motions but may also refer them to the magistrate judge.

Q17: Do you typically hold a hearing on discovery?

A17: The Court evaluates whether a discovery motion would benefit from a hearing on a case-by-case basis.

Q18: Please describe your general practice regarding the resolution of discovery motions.
A18: Respondent skipped this question.

Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
A19: The Court expects counsel to consult about any such issues and raise them to the Court only as needed.

Q20: Do you have any particular practices or requirements about expert disclosures?
A20: No.

Q21: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?
A21: The Court sets deadlines for expert disclosures and depositions, in addition to the close of expert discovery, at the initial scheduling conference. The Court may address the possibility of Daubert motions at the status conference at the close of fact discovery or at a later status conference, unless the parties raise it earlier.

Q22: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?

A22: While the Court encourages the parties to confer and provide a joint proposed schedule, the Court understands that this can be more difficult for pro se litigants. If the parties are unable to confer and provide a joint proposed schedule, the Court asks the parties to submit separate proposed schedules. The Court may schedule more frequent status conferences to help the parties manage discovery.

Civil - Dispositive Motions

Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions?
A23: The Court’s requirements and preferences regarding the filing of dispositive motions are explained in the Court’s standing order regarding motion practice.

Q24: In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF?
A24: Yes. The requirements for courtesy copies are explained in the Court’s standing order regarding motion practice.

Q25: Do you typically allow reply briefs and/or surreply briefs?

A25: The Court allows reply briefs for dispositive motions, as explained in the Court’s standing order regarding motion practice. The Court does not allow sur-reply briefs.

Q26: If you allow reply and/or surreply briefs, do you impose a page limit?

A26: Reply briefs are limited to 10 pages. Sur-reply briefs are not allowed.

Q27: Do you typically hold a hearing on motions to dismiss?

A27: The Court evaluates the need for a hearing on motions to dismiss on a case-by-case basis. While the parties may request a hearing, the Court may decide the motion on the papers alone.

Q28: Do you typically hold a hearing on summary judgment motions?

A28: The Court evaluates the need for a hearing on summary judgment motions on a case-by-case basis. While the parties may request a hearing, the Court may decide the motion on the papers alone.

Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?

A29: Respondent skipped this question.

Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
A30: The Court may consider the filing of post-argument briefs, for good cause shown, at the parties’ request.

Civil - Patent Cases

Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.

A31: No.

Q32: If applicable, please upload your standing order regarding the management of patent cases.
A32: Respondent skipped this question.

Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
A33: No.

Criminal Matters

Q34: Do you handle matters regarding discovery in criminal cases?

A34: Respondent skipped this question.

Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
A35: Respondent skipped this question.

Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?

A36: Respondent skipped this question.

Q37: Do you typically hold a hearing on motions for review of a detention order?

A37: Respondent skipped this question.

Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
A38: Respondent skipped this question.

General Trial Practice - Pretrial Matters

Q39: Do you require the filing of a trial brief?

A39: Yes.

Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?

A40: Respondent skipped this question.

Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want counsel to be able to address at each conference in addition to those addressed under Local Rule 117.1(a)?
A41: The Court holds status and pretrial conferences as needed.

Q42: Do you typically hold an initial pretrial conference in civil cases?

A42: The Court holds status and pretrial conferences as needed.

Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial are these deadlines?

A43: Motions in limine and oppositions are due before the pretrial conference. The pretrial conference generally takes place 2-4 weeks before trial begins. Proposed voir dire, jury instructions, and special verdict forms are typically due 1-2 weeks before trial.

Q44: Do you require that proposed voir dire, verdict forms and/or jury instructions be filed in any particular form (i.e., courtesy electronic copy to your deputy clerk in Word or WordPerfect format, etc.)?
A44: In addition to filing these documents on the docket, parties should send editable Word versions to the courtroom clerk.

Q45: Do you set a page limit for motions in limine? If so, what is it?

A45: The Court generally does not set a page limit for motions in limine but may do so if necessary.

Q46: Do you typically hear motions in limine at the final pretrial conference?

A46: Yes.

Q47: Do you typically resolve motions in limine at the final pretrial conference?
A47: It depends. The Court aims to resolve all motions in limine before jury empanelment.

Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
A48: Respondent skipped this question.

Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
A49: Yes.

Q50: If courtesy copies of trial exhibits are required, when do you require them?
A50: Courtesy copies of trial exhibits are due no later than the first day of trial unless the Court requests otherwise.

Q51: If courtesy copies of trial exhibits are required, what particular form is required?
A51: The Court may request electronic and paper copies of trial exhibits prior to trial. Counsel should also confer with the courtroom clerk regarding the form of exhibits.

Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
A52: The pretrial order discusses guidelines for exhibits, and parties should also confer with the courtroom clerk.

Criminal - Scheduling Trials

Q53: Typically, when do you set a trial date in criminal cases?
A53: After receiving the case from the magistrate judge, the Court typically sets a trial date, if the parties so request, at the initial status conference.

Q54: Typically, when do you set a trial date in civil cases?
A54: The Court typically sets a trial date at the close of discovery or after a dispositive motion is resolved.

Q55: What is your typical trial schedule?

A55: Trial is typically conducted daily from 9:00 a.m. to 1:00 p.m. until deliberations. The Court meets with counsel every day at 8:30 a.m. to resolve evidentiary or other legal issues.

Q56: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?

A56: The Court may set time limits as needed to ensure that trial progresses as expected and that counsel is respectful of the jury’s time.

Criminal - Jury Selection

Q57: Please describe your jury selection process.

A57: Voir dire will be discussed at the final pretrial conference.

Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
A58: The parties should confer and file a joint request for the Court’s consideration.

Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
A59: Any proposed juror questionnaire should be provided to the Court prior to the start of trial.

Q60: Have you or would you consider allowing attorney voir dire?
A60: Respondent skipped this question.

Q61: In civil trials, typically what number of jurors do you seat?
A61: 12.

Q62: In criminal trials, typically how many alternate jurors do you seat?
A62: The Court may impanel up to 6 alternate jurors, depending on the length of the trial.

General Trial Practice - Trial Practices

Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
A63: No.

Q64: How many rounds of examination do you typically allow?
A64: Direct, cross, re-direct, and re-cross examinations are allowed.

Q65: Under what, if any, circumstances, will you allow a rebuttal case?
A65: Respondent skipped this question.

Q66: Do you have any preferences about the use of chalks during openings and closings?
A66: All chalks must be shared with opposing counsel prior to use.

Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
A67: An initial charge conference is held after the final pretrial conference but prior to the first day of trial. Further charge conferences are scheduled as needed.

Q68: Do you provide a written copy of your jury charge to the jury?
A68: The jury is usually given a written copy of the substantive jury instructions.

Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
A69: The Court will consider all proposals for special verdict forms. The deadline for submission of a proposed special verdict form will be stated in the Court’s pretrial order.

Q70: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here.
A70: Respondent skipped this question.

Q71: If you have any particular practices as to bench trials, please describe them.

A71: The Court generally recommends that counsel treat the judge, as the factfinder, the same way counsel would treat a jury and avoid “document dumps” on the Court without testimony to explain their significance.

Criminal - Sentencing/Revocation Hearings

Q72: Do you require a sentencing memorandum in every case?
A72: Yes.

Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
A73: Respondent skipped this question.

Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
A74: The Court may consider an expedited sentencing if requested.

Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
A75: The Court prefers to receive notice of a victim impact statement prior to the sentencing hearing. The deadline for the government to inform the Court whether a victim impact statement is anticipated is provided in the Court’s sentencing order.

Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
A76: The Court will consider the postponement of a sentencing hearing when necessary, considering a multitude of factors.

Q77: Do you have any particular practices as to revocation matters?
A77: Respondent skipped this question.

Standing Orders & Miscellaneous Matters

Q78: If your session has any standing orders, please attach them here.
A78: Respondent skipped this question.

Q79: Order #2
A79: Respondent skipped this question.

Q80: Order #3
A80: Respondent skipped this question.

Q81: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here.
A81: The only food or beverage permitted in the courtroom is water in a clear, plastic water bottle.

Post-Pandemic Practices

Q82: As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? If so, what are they?
A82: Respondent skipped this question.

Q83: As of Fall 2022, are there any case events that you routinely conduct via Zoom in criminal cases? If so, what are they?
A83: Respondent skipped this question.

Q84: As of Fall 2022, if there are case events that you routinely conduct in person that you would consider conducting via Zoom, what are those case events and under what circumstances would you consider conducting them via Zoom?

A84: All proceedings are scheduled for in-person appearances. If the parties wish to appear by video conference for status and scheduling conferences in civil matters, and all parties assent to such change, they may email the courtroom clerk to modify the hearing no later than two business days prior to the scheduled conference.