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D.N.J. · Judge Martinotti · Practice Guide

Hon. Brian R. Martinotti

All local rules for D.N.J., integrated with this judge's published requirements.

Before You File
Ex parte applications
🏛 D.N.J. local rule

Applications for emergency relief are returnable on the first regular motion day at least 24 days after filing, unless the court orders otherwise. Seek a court order for shorter timelines — the default emergency mechanism uses the standard motion-day count-back schedule. D.N.J. Civ. R. 65.1 ↗

Lead counsel requirements
🏛 D.N.J. local rule

Pro hac vice is governed by Civ. R. 101.1 — NOT Rule 83 (NJ-D's post-1997 numbering places admission rules in the 100s range). Local counsel association is generally required; local counsel signs pleadings and may be required to attend hearings. Local counsel is substantively responsible, not nominal. D.N.J. Civ. R. 101.1 ↗

Contacting chambers
👤 Judge Martinotti — standing order

Communications With Chambers: Calls to chambers are permitted only in urgent situations that require immediate attention. All other communication with chambers shall be electronically filed via CM/ECF. Parties appearing pro se must file all documents, applications, and motions directly with the Clerk's Office. E-mails to chambers at njdnef_martinotti@njd.uscourts.gov will be accepted in lieu of phone calls. E-mails may not contain substantive content regarding a case. Any substantive content received via e-mail without consent of chambers will be ignored.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 D.N.J. local rule
Motion

40 pages maximum for main brief (excluding table of contents and authorities). If a 12-point proportional font is used instead of the required typeface, the limit is reduced by 25% to 30 pages. D.N.J. Civ. R. 7.2(b) ↗

Opposition

40 pages maximum for brief in opposition (same limit applies to cross-motion briefs in opposition). D.N.J. Civ. R. 7.2(b) ↗

Reply

15 pages maximum for reply brief. Reduced to 11.25 pages if 12-point proportional font is used instead of the required typeface. D.N.J. Civ. R. 7.2(b) ↗

Font & formatting
🏛 D.N.J. local rule

Black lettering; 8.5 x 11 inch paper; one-inch margins; double-spaced text; single-spaced footnotes. Typeface must be 12-point non-proportional (e.g., Courier New 12) or equivalent 14-point proportional (e.g., Times New Roman 14). Using a 12-point proportional font instead reduces all page limits by 25%. Footnotes must be the same size as text. D.N.J. Civ. R. 7.2(c)–(d) ↗

👤 Judge Martinotti — standing order

CM/ECF Filings: Pleadings, motions, and letters must be filed in searchable PDF format. Supporting documents, such as exhibits, may be filed in non-searchable PDF format.

Filing & Scheduling
Briefing schedule & hearing date
🏛 D.N.J. local rule
Notice period

Motion and supporting brief must be filed at least 24 days before the noticed motion day. Opposition due at least 14 days before original motion day (Civ. R. 7.1(d)(2)). Motion day must be noted on the cover page of the motion. D.N.J. Civ. R. 7.1(d)(1) ↗

Hearing days

Motion days are the first and third Monday of each month, excluding holidays. Briefing deadlines count back from the noticed motion day — not forward from service. D.N.J. Civ. R. 78.1(a) ↗

Chambers / courtesy copies
👤 Judge Martinotti — standing order
Required?

Yes

Proposed orders
🏛 D.N.J. local rule

All filed motions shall have annexed thereto a proposed order. If the proposed order does not adequately reflect the Court's ruling, the prevailing party, if directed by the Court, shall submit an order within seven days of the ruling on the motion on notice to all other parties. Unless the Court otherwise directs, if no specific objection to that order with reasons therefor is received within seven days of its receipt by the Court, the order may be signed. If such an objection is made, the matter may be listed for hearing at the discretion of the Court. D.N.J. Civ. R. 7.1(e) ↗

👤 Judge Martinotti — standing order

Proposed Orders: If any relief is being sought, the CM/ECF filing must be accompanied by a proposed order in searchable PDF format.

ECF stamp requirements
👤 Judge Martinotti — standing order

All Submissions: All submissions, including pleadings and correspondence, must be electronically filed via CM/ECF. Filings and submissions will not be accepted via fax or e-mail except as provided herein.

Filing under seal
👤 Judge Martinotti — standing order

Confidential Information: Any letter containing confidential or sensitive information may be e-mailed to chambers at njdnef_martinotti@njd.uscourts.gov. Any documents filed under seal shall comply with Local Civil Rule 5.1.

The Hearing
Oral argument
🏛 D.N.J. local rule

No oral argument shall be heard except as permitted expressly by the judge assigned to hear the motion. If oral argument is required, parties are notified by the court. Argument may be conducted in open court or by telephone conference at the judge's discretion. Request for oral argument must be clearly marked on the first page of the notice of motion and/or brief. D.N.J. Civ. R. 78.1 ↗

👤 Judge Martinotti — standing order
Default practice

Appearances (including in-person, Zoom, or telephonic): Notice of any scheduled appearance, including but not limited to status conferences, settlement conferences, and oral arguments, will be posted on the docket.

Remote appearances
👤 Judge Martinotti — standing order

Appearances (including in-person, Zoom, or telephonic): Notice of any scheduled appearance, including but not limited to status conferences, settlement conferences, and oral arguments, will be posted on the docket. Where counsel is scheduled to appear, all clients or representatives with settlement authority must be available by phone unless otherwise directed by chambers. The Court expects counsel to appear at least 15 minutes prior to any appearance.

Continuances & calendar conflicts
👤 Judge Martinotti — standing order

Extensions of Time: If consented, may be done by consent order via CM/ECF. If not consented, follow the regular motion procedure. To adjourn a previously scheduled appearance, obtain consent from your adversary and provide chambers with new dates in writing via CM/ECF, or contact the courtroom deputy via email.

Discovery
Discovery referral procedure
🏛 D.N.J. local rule

Discovery applications may be presented by telephone conference call or letter to the judge before formal motion practice. File a formal discovery motion only after the telephone/letter mechanism has been attempted. Civ. R. 37.2 governs discovery motion sanctions per FRCP 37. D.N.J. Civ. R. 37.1 ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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