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D.N.J. · Judge O'Hearn · Practice Guide

Hon. Christine P. O'Hearn

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 O'Hearn — standing order

IX. COMMUNICATIONS WITH THE COURT/CHAMBERS Please do not contact Chambers with legal or procedural questions that are covered by the Local Rules of this Court or the Federal Rules of Civil Procedure. Communications with law clerks are limited to Chambers' procedural matters only and not as to any substantive matters.

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) ↗

👤 Judge O'Hearn — standing order
Opposition

Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages.

Reply

No party may submit a reply letter unless directed by the Court.

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 O'Hearn — standing order

VI. ELECTRONIC SUBMISSIONS All parties, with the exception of pro se parties, shall file all documents, in both civil and criminal matters, via ECF. All papers electronically submitted shall, to the extent possible, be submitted in a text-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 O'Hearn — 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) ↗

ECF stamp requirements
👤 Judge O'Hearn — standing order

*Sealed submissions will not have the electronically filed/ECF stamp.

Filing under seal
👤 Judge O'Hearn — standing order

*Sealed submissions will not have the electronically filed/ECF stamp.

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 O'Hearn — standing order
Default practice

X. ORAL ARGUMENT If the Court grants a request for oral argument or wishes to hear argument when no request has been made, the parties will be notified via ECF. The Court is more likely to grant oral argument if a party represents, at the time of the filing of the request for argument, that a junior attorney (i.e. less than five years' experience) will present the argument. A supervising attorney may attend to assist only if necessary.

Decided on the papers?

Yes — motions decided on the papers without oral argument.

Continuances & calendar conflicts
👤 Judge O'Hearn — standing order

VIII. ADJOURNMENT REQUESTS Any request for an adjournment shall include: (1) The date(s) to be adjourned; (2) The number of previous requests; (3) The reason for the request; and (4) If all parties consent. Communications regarding scheduling and adjournments are handled by the Deputy Clerk, Haley Minix. If an adjournment is being sought, counsel shall first attempt to obtain consent from all parties and provide the Court with new dates upon which all parties are available. Absent exigent circumstances, adjournment requests made less than two days prior will not be granted.

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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