All local rules for D.N.J., integrated with this judge's published requirements.
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 ↗
Pro se (unrepresented) litigants are advised that ex parte (one-sided) and/or personal communications and submissions are not advised and will generally not be accepted. All substantive correspondence with the Court should be filed on the CM/ECF docket.
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 ↗
Before corresponding with the Court, litigants must consult the relevant rules for the Third Circuit, the District of New Jersey, this document, and the docket on the CM/ECF system. In general, communications with the Court should be made through the CM/ECF, not by fax, email, or phone call to chambers. Every communication requesting the Court's input must indicate the requesting party's efforts to first confer with the other party(ies) to resolve the matter. If a party emails Chambers, they must copy chambers_of_judge_evelyn_padin@njd.uscourts.gov on all correspondences. Calls to the Court should be reserved for emergencies.
Direct correspondence to advise the Court that a case has been settled or dismissed is also appropriate, as is correspondence on any matter when specifically requested by the Court.
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) ↗
40 pages maximum for brief in opposition (same limit applies to cross-motion briefs in opposition). D.N.J. Civ. R. 7.2(b) ↗
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 Padin requires strict compliance with the length limitations and format requirements for briefs set forth in Local Rule 7.2. Requests for overlength briefs are highly disfavored.
Judge Padin requires strict compliance with the length limitations and format requirements for briefs set forth in Local Rule 7.2. Requests for overlength briefs are highly disfavored.
Replies are generally permitted pursuant to Local Civil Rule 7.1(d). However, according to Local Civil Rule 7.1(d)(3), no reply papers shall be filed to cross-motions under Local Civil Rule 7.1(h); Reconsideration under Local Civil Rule 7.1(i); Case Management under Local Civil Rule 16.1(g)(2); and Discovery under Local Civil Rule 37.1(b)(3), unless the Court permits otherwise. No sur-replies are permitted without prior permission. They are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue not discussed in the initial briefs. Permitted Sur-reply briefs may be filed and served within seven (7) days of service of the brief to which the sur-reply responds unless the Court sets a different schedule. Sur-reply submissions should not contain a repeat recitation of the facts of the case and, without leave of Court for good cause shown, must not exceed ten (10) pages in total.
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 Padin requires strict compliance with the length limitations and format requirements for briefs set forth in Local Rule 7.2. Requests for overlength briefs are highly disfavored. Judge Padin also requires compliance with Local Rule 5.1(h) that all PDF filings be text searchable and at a minimum 400 dpi. Failure to abide by these requirements may result in rejection of the papers.
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) ↗
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) ↗
Yes
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 Padin requires strict compliance with the length limitations and format requirements for briefs set forth in Local Rule 7.2. Requests for overlength briefs are highly disfavored. Judge Padin also requires compliance with Local Rule 5.1(h) that all PDF filings be text searchable and at a minimum 400 dpi. Failure to abide by these requirements may result in rejection of the papers.
The assigned Magistrate Judge handles motions to seal.
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 ↗
If the Court determines that oral argument will be helpful in deciding a matter, Judge Padin will schedule it and the parties will be specifically advised of a date and time for oral argument via CM/ECF.
Telephone conferences with all litigants may be used at the Court's discretion to resolve scheduling matters, time extensions, or other disputes. Litigants will be notified of the date and time for the telephone conference. Absent prior permission from the Court, parties are each limited to two attorneys each appearing at telephone conferences. Only one attorney per side will be permitted to address the Court during the call. Counsel should file a notice of appearance prior to appearing at a telephone conference or they will not be permitted to speak. Failure to observe basic telephone courtesy will result in the Court's refusal to use telephone conferences in matters involving the offending participants.
Litigants should expect the Court to maintain the dates contained in the Scheduling Order, unless there is good cause to justify a change. Generally, Judge Padin will grant a short (i.e., two weeks or fewer) continuance or extension that will not affect discovery dates, motion-decision dates, hearing dates, or trial dates, if requested with the agreement of all litigants. Any other request for a continuance or extension should set forth in detail the basis for the request and whether the request is agreed to or opposed by the other litigant(s). A request for an extension or continuance of longer than two (2) weeks regarding the trial date, a discovery cutoff date, or the deadline for filing dispositive motions must be made sufficiently prior to the due date to allow time for the Court to consider it and should set forth compelling reason(s) for the relief sought. An unopposed request may be made by letter to the Court and should include the reasons for the request. All such letters—as with all correspondence with the Court—should be filed electronically via CM/ECF.
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 ↗
In general, and unless otherwise directed by the Court, all discovery-related correspondence, as well as any correspondence related to non-dispositive motions, should be addressed to the Magistrate Judge assigned to the case. All correspondence related to dispositive motions, trials, and related oral arguments should be addressed to Judge Padin.
In general, and unless otherwise directed by the Court, all discovery-related correspondence, as well as any correspondence related to non-dispositive motions, should be addressed to the Magistrate Judge assigned to the case.