All local rules for D.N.J., integrated with this judge's published requirements.
(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) ↗
Communications with the Court. All communications to the Court shall be by CM/ECF or by telephone. Absent permission from Chambers or as otherwise provided herein, the Court will not accept or consider communications by fax, mail, or email. Judge Kiel permits communications with his law clerks only as to questions regarding Chambers' procedures and not as to any substantive matters.
(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) ↗
(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) ↗
(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) ↗
(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) ↗
All filed papers shall be in a text-searchable PDF format as required by Local Civil Rule 5.21(h).
(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) ↗
(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) ↗
Copies. Two copies of all filed papers exceeding 40 pages per individual document shall be provided to Chambers by mail. Exhibits to any papers should be separated with corresponding exhibit tabs.
(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) ↗
Motions to Seal. Motions to seal documents related to a dispositive issue are to be set before Judge Kiel. A motion 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. The proposed order must include reference to the docket entries the party seeks to seal.
Electronic Submissions. All parties, with the exception of pro se parties, shall electronically file all documents. All filed papers shall be in a text-searchable PDF format as required by Local Civil Rule 5.21(h). Parties are directed to ensure that all supporting documents to a filing are docketed as attachments to the primary document.
Motions to Seal. Motions to seal documents related to a dispositive issue are to be set before Judge Kiel. A motion 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. The proposed order must include reference to the docket entries the party seeks to seal. Counsel shall make every effort to secure the consent of all parties regarding the motion to seal, and the movant shall certify in support of the motion whether all parties consent.
(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) ↗
Motion Day. The purpose of a motion's return date or "motion day" is to determine the briefing schedule for that motion, Unless otherwise notified by the Court, Judge Kiel decides all motions on the papers and no appearances are required on the motion day.
Yes — motions decided on the papers without oral argument.
Adjournment Requests. Conferences and hearings, whether telephonic or in-person, are normally scheduled with ample notice to the parties. Accordingly, adjournment requests must be made no later than five business days before the scheduled conference or hearing and shall indicate whether all parties consent.
(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) ↗
Motions for Summary Judgment. Parties may not file an early motion for summary judgment (i.e., prior to the close of fact discovery) without leave from either Judge Kiel or the Magistrate Judge. When seeking leave from Judge Kiel, the moving party must first submit a letter, no longer than three pages, summarizing the party's substantive argument. Within seven days of the moving party's letter, the party opposing the motion must submit a letter, no longer than three pages, summarizing the party's substantive argument in opposition. Parties may not incorporate by reference, in their briefs, their numbered statements of material facts (L.Civ.R. 56.1(a)) or responses thereto as a substitute for a statement of facts. In other words, briefs submitted as to motions for summary judgment must include a detailed statement of facts. Source ↗
Pre-Motion Procedure. In an effort to resolve cases expeditiously, a party must submit a pre-motion letter, not to exceed three single-spaced pages, requesting leave to file the following motions: (i) motion to dismiss; (ii) motion for a more definite statement; (iii) motion to remand; (iv) motion for change of venue; (v) motion for judgment on the pleadings; and (vi) motion to compel arbitration. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages. No party may submit a reply unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice. Failure to file a pre-motion letter may result in the motion being administratively terminated. A party's submission of a pre-motion letter will toll that party's time to file its motion (or answer) through the date of the Court's decision as to whether leave will be granted. The Court reserves the right to hold a conference to determine whether leave will be granted. This procedure does not apply to cases in which the pre-answer motions listed above are filed solely by or against pro se litigant(s) only, or in bankruptcy or social security appeals. Source ↗
Parties may not incorporate by reference, in their briefs, their numbered statements of material facts (L.Civ.R. 56.1(a)) or responses thereto as a substitute for a statement of facts. In other words, briefs submitted as to motions for summary judgment must include a detailed statement of facts. Source ↗