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D.N.J. · Judge Day · Practice Guide

Hon. J. Brendan Day

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 Day — standing order

11. Settlement Conferences. Trial counsel as well as individuals with full settlement authority must appear at settlement conferences unless the Court has granted prior permission to participate by telephone.

Contacting chambers
👤 Judge Day — standing order

1. Communications with the Court. Unless directed by the Court or permitted by this Order, all communications with the Court shall be in writing and filed via CM/ECF. Telephone calls to chambers will be permitted only as to administrative and procedural matters.

Settlement notification
👤 Judge Day — standing order

11. Settlement Conferences. Trial counsel as well as individuals with full settlement authority must appear at settlement conferences unless the Court has granted prior permission to participate by telephone. No later than five (5) business days before the settlement conference, each party shall submit to the Court via email to jbd_orders@njd.uscourts.gov a confidential settlement submission of no more than five (5) single-spaced pages (exclusive of any exhibits). The settlement submission should outline the party's respective position(s); identify information on what is important to the client and any barriers to settlement; identify the contemplated terms material to a settlement; and set forth any demands and offers made to date.

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 Day — standing order
Standing order

3. Courtesy Copies. Unless specifically requested by the Court or otherwise required by this Order, courtesy copies of filed or submitted papers should not be mailed, emailed, or faxed to chambers.

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) ↗

Filing under seal
👤 Judge Day — standing order

7. Motions to Seal. Motions to seal must comply in all respects with Local Civil Rule 5.3(c) and must include a proposed order that includes findings of fact and conclusions of law, and which includes references to the docket entries that are the subject of the motion. Contemporaneously with the motion, counsel should submit to the Court, via email to jbd_orders@njd.uscourts.gov, any proposed redacted documents to be filed if the motion is granted. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in its application. Parties may file a motion to seal without obtaining leave of Court.

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 Day — standing order
Decided on the papers?

Yes — motions decided on the papers without oral argument.

Continuances & calendar conflicts
👤 Judge Day — standing order

2. Adjournments and Extensions. Requests for adjournments and extensions should be made in writing through a letter request filed via CM/ECF. The party seeking an adjournment or extension should attempt to obtain the consent of all other parties before filing the request. The letter request should set forth the date of the conference/hearing or relevant deadline; the basis for the request; whether all parties consent to or oppose the request; the length of the adjournment or extension sought; and whether the request, if granted, would impact other scheduled dates or deadlines. Absent exigent circumstances, the Court will consider adjournment and extension requests only if made at least two (2) business days before a scheduled conference or deadline.

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 Day — standing order

5. Discovery Disputes. Discovery disputes and other case-management applications shall proceed in accordance with Local Civil Rules 16.1(f)(1) and 37.1(a)(1). Consistent with their obligation under the rules, the parties shall meet and confer in good faith to resolve any discovery disputes before raising them with the Court. Email exchanges are not sufficient to satisfy the meet-and-confer requirement: Before raising a dispute with the Court, the parties must meet and confer in person, via video-conference, or by telephone. Should counsel fail in their good-faith efforts to resolve the dispute, the matter should be brought to the Court's attention through a single joint letter that sets forth the following: (i) the request; (ii) the response; (iii) efforts to resolve the dispute; (iv) the position of the complaining party; (v) the position of the responding party; and (vi) if applicable, the efforts of a party to contact a non-responsive party to meet and confer and submit the joint letter. No further letter submissions regarding the dispute may be submitted without prior leave of Court. The joint letter should be filed via CM/ECF unless it contains information subject to a discovery confidentiality order, in which case it may be submitted to chambers via email to jbd_orders@njd.uscourts.gov.

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