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

Hon. José R. Almonte

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

(b) Applications for orders to show cause, and for consent and ex parte orders, shall be filed with the Clerk, who shall promptly deliver each application to the District Judge to whom the case has been assigned. D.N.J. L.Civ.R. 65.1(b) ↗

Lead counsel requirements
👤 Judge Almonte — standing order

4. Settlement Conferences. Clients with full settlement authority are required to attend scheduled settlement conferences.

Contacting chambers
👤 Judge Almonte — standing order

3. Communications with Chambers a. Filings and Written Communications. All pleadings and correspondence with the Court shall be electronically filed via CM/ECF, unless otherwise ordered by the Court. If you have a request that requires attention within 48 hours, please call Chambers. In civil cases, confidential information shall be sent via email to Chambers (jra_orders@njd.uscourts.gov). In criminal cases, confidential information shall be sent directly to Courtroom Deputy Alexus Wheeler (Alexus_Wheeler@njd.uscourts.gov). b. Fax. Faxes to Chambers are not permitted. c. Courtesy Copies. Physical courtesy copies need not be sent to Chambers, unless otherwise ordered by the Court.

Settlement notification
👤 Judge Almonte — standing order

4. Settlement Conferences. Clients with full settlement authority are required to attend scheduled settlement conferences. Each party must email a confidential letter summarizing the factual background of the case, the main issue(s) in dispute, the status of the case, and the parties' settlement position. The parties shall submit the letters at least 7 calendar days before the scheduled settlement conference to jra_orders@njd.uscourts.gov. Each letter should not exceed 5 pages in length, exclusive of exhibits.

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

(b) Any brief shall include a table of contents and a table of authorities and shall not exceed 40 ordinary typed or printed pages (15 pages for any reply brief submitted under L.Civ.R. 7.1(d)(3) and any brief in support of or in opposition to a motion for reconsideration submitted under L.Civ.R. 7.1(i)), excluding pages required for the table of contents and authorities. Briefs of greater length will only be accepted if special permission of the Judge is obtained prior to submission of the brief. D.N.J. L.Civ.R. 7.2(b) ↗

Opposition

(b) Any brief shall include a table of contents and a table of authorities and shall not exceed 40 ordinary typed or printed pages (15 pages for any reply brief submitted under L.Civ.R. 7.1(d)(3) and any brief in support of or in opposition to a motion for reconsideration submitted under L.Civ.R. 7.1(i)), excluding pages required for the table of contents and authorities. Briefs of greater length will only be accepted if special permission of the Judge is obtained prior to submission of the brief. D.N.J. L.Civ.R. 7.2(b) ↗

Reply

(b) Any brief shall include a table of contents and a table of authorities and shall not exceed 40 ordinary typed or printed pages (15 pages for any reply brief submitted under L.Civ.R. 7.1(d)(3) and any brief in support of or in opposition to a motion for reconsideration submitted under L.Civ.R. 7.1(i)), excluding pages required for the table of contents and authorities. Briefs of greater length will only be accepted if special permission of the Judge is obtained prior to submission of the brief. D.N.J. L.Civ.R. 7.2(b) ↗

Font & formatting
🏛 D.N.J. local rule

(c) All briefs shall be in black lettering on paper size 8.5 x 11 inches. All margins shall be not less than one inch on sides, top, and bottom. (d) Each page of a brief shall contain double-spaced text and/or single-spaced footnotes or inserts. Typeface shall be in 12-point non-proportional font (such as Courier New 12) or an equivalent 14-point proportional font (such as Times New Roman 14). If a 12-point proportional font is used instead, the page limits shall be reduced by 25 percent (e.g., the 40 page limit becomes 30 pages in this font and the 15 page limit becomes 11.25 pages). Footnotes shall be printed in the same size of type utilized in the text. D.N.J. L.Civ.R. 7.2(c)–(d) ↗

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

(1) No application will be heard unless the moving papers and a brief, prepared in accordance with L.Civ.R. 7.2, and proof or acknowledgment of service on all other parties, are filed with the Clerk at least 24 days prior to the noticed motion day. The brief shall be a separate document for submission to the Court, and shall note the motion day on the cover page. D.N.J. L.Civ.R. 7.1(d)(1) ↗

Hearing days

(a) Except during vacation periods of the Court, the regular motion days for all vicinages are the first and third Monday of each month. Whenever a regular motion day falls on a holiday, the motion day becomes the following non-holiday. The Clerk shall publish a list of all regular motion days for each calendar year, and corresponding filing deadlines, on the website of the Court and in appropriate legal publications. D.N.J. L.Civ.R. 78.1(a) ↗

Chambers / courtesy copies
👤 Judge Almonte — standing order
Standing order

c. Courtesy Copies. Physical courtesy copies need not be sent to Chambers, unless otherwise ordered by the Court.

Proposed orders
🏛 D.N.J. local rule

(e) Preparation of Order 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. L.Civ.R. 7.1(e) ↗

ECF stamp requirements
👤 Judge Almonte — standing order

All pleadings and correspondence with the Court shall be electronically filed via CM/ECF, unless otherwise ordered by the Court.

Filing under seal
👤 Judge Almonte — standing order

c. Motions to Seal. Along with the motion to seal, the moving party shall submit a form of order containing proposed findings of fact and conclusions of law concerning the factors set forth in Local Civil Rule 5.3(c). The moving party also shall indicate whether all other parties consent to the sealing of material.

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

(b) All motions and other applications will be decided on the papers submitted unless: (1) a party requests oral argument and the request is granted by the Judge; or (2) the Court, sua sponte, directs that oral argument be held. Any request for oral argument shall be clearly marked on the first page of the notice of motion and/or the brief filed by the party making such request. If oral argument is to be heard, the Court will so notify the parties and designate the day and time of the argument. D.N.J. L.Civ.R. 78.1(b) ↗

👤 Judge Almonte — standing order
Decided on the papers?

Yes — motions decided on the papers without oral argument.

Remote appearances
👤 Judge Almonte — standing order

The conference will be conducted either remotely (virtually or telephonically) or in person, as determined by the Court. If the conference is conducted remotely, the Court will provide the parties with connection information in advance.

Continuances & calendar conflicts
👤 Judge Almonte — standing order

1. Attending Conferences and Hearings. Parties are expected to appear on time for conferences and hearings. Please call Chambers immediately if you need to reschedule a conference or a hearing, or if you expect to be late.

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

(a) Conference to Resolve Disputes (1) Counsel shall confer to resolve any discovery dispute. Any such dispute not resolved shall be presented by telephone conference call or letter to the Magistrate Judge. This presentation shall precede any formal motion. D.N.J. L.Civ.R. 37.1(a)(1) (discovery disputes presented to the Magistrate Judge before any formal motion) ↗

Discovery dispute procedure
👤 Judge Almonte — standing order

a. Discovery Disputes. No discovery motion shall be filed without leave of the Court. Consistent with their obligation under Local Civil Rules 16.1(f) and 37.1(a), the parties shall meet and confer in good faith to resolve any discovery disputes prior to raising those disputes with the Court. Importantly, email exchanges are not sufficient to satisfy this requirement. The Court requires the parties to meet in person, via video conferencing, or by telephone. If the parties are unable to reach a resolution after meeting and conferring, they may file one joint letter not to exceed 10 pages, exclusive of exhibits. The parties shall explain the efforts made to resolve the issue(s). For each issue or group of issues in dispute, the parties shall summarize the specific issue(s) and the parties' respective positions supported by relevant facts and legal authority. Each issue must be separated into its own section.

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