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

Hon. André M. Espinosa

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 Espinosa — standing order

12. Settlement conferences. Trial counsel as well as persons with full settlement authority must appear at settlement conferences.

Contacting chambers
👤 Judge Espinosa — standing order

1. Communications with the Court. All communications to the Court shall be in writing via CM/ECF. Telephone calls to chambers will be permitted as to administrative matters only or as otherwise directed by the Court. Mail, email, and fax communications will not be accepted or considered unless expressly authorized by the Court.

Settlement notification
👤 Judge Espinosa — standing order

12. Settlement conferences. Trial counsel as well as persons with full settlement authority must appear at settlement conferences. Each party shall submit, by email to AME_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than five double-spaced pages no later than five business days before the conference.

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 Espinosa — standing order
Standing order

11. Courtesy copies. One courtesy copy of all submissions exceeding 20 pages shall be sent by regular mail or other courier addressed 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) ↗

👤 Judge Espinosa — standing order

3. Extensions. Extensions of time as provided in court-ordered schedules must be requested in writing at least five business days prior to the expiration of deadlines. The request shall indicate the current and proposed dates and include a proposed form of order.

Filing under seal
👤 Judge Espinosa — standing order

6. Motions to seal. Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. Failure to comply with Local Civil Rule 5.3(c) will result in administrative termination of the motion. Counsel shall make every effort to secure the consent of opposing counsel regarding the request to seal.

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 Espinosa — standing order
Decided on the papers?

Yes — motions decided on the papers without oral argument.

Remote appearances
👤 Judge Espinosa — standing order

Court Ordered Telephone Conferences: Dial 973-437-5535. Each party must review carefully the order setting a conference to find the unique password for that particular conference.

Continuances & calendar conflicts
👤 Judge Espinosa — standing order

2. Adjournments. Conferences are scheduled with ample notice to the parties. Adjournment requests must be made no later than five business days before the scheduled conference.

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 Espinosa — standing order

10. Discovery extensions, disputes, and motions. Any request for an extension or an amended scheduling order shall indicate the current and proposed dates as well as whether the request is made on consent. Any such request shall include a proposed order. Discovery disputes shall proceed in accordance with Local Rules 16.1 and 37.1. Should counsel fail in their good faith efforts to resolve the dispute by conferring pursuant to Rule 37.1, the matter shall be brought to the Court's attention via a joint letter, not to exceed five pages, that sets forth: a) the request; b) the response; c) efforts to resolve the dispute; d) the position of the complaining party; e) the position of the responding party; and, if applicable, f) the efforts of a party to contact a non-responsive party to meet and confer and submit the joint letter.

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