judge console · D.N.J.
D.N.J. · Judge Pascal · Practice Guide

Hon. Elizabeth A. Pascal

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

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 ↗

Lead counsel requirements
🏛 D.N.J. local rule

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 ↗

👤 Judge Pascal — standing order

Unless the Court specifically instructs otherwise, clients with full settlement authority are required to appear in person at the settlement conference.

Contacting chambers
👤 Judge Pascal — standing order

In civil cases, all written submissions to the Court, apart from submissions by pro se parties, shall be filed electronically via ECF. Confidential settlement memoranda, however, should be submitted directly via email to njdnef_pascal@njd.uscourts.gov. Counsel may contact chambers by telephone with procedural questions but all questions regarding substantive matters should be in writing and electronically filed via ECF.

Settlement notification
👤 Judge Pascal — standing order

Unless the Court specifically instructs otherwise, clients with full settlement authority are required to appear in person at the settlement conference. Each party shall submit a confidential settlement memorandum of no more than five (5) double-spaced pages, including exhibits, via email to njdnef_pascal@njd.uscourts.gov at least three (3) business days before the scheduled conference.

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

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) ↗

Opposition

40 pages maximum for brief in opposition (same limit applies to cross-motion briefs in opposition). D.N.J. Civ. R. 7.2(b) ↗

Reply

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) ↗

Font & formatting
🏛 D.N.J. local rule

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) ↗

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

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) ↗

Hearing days

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) ↗

Chambers / courtesy copies
👤 Judge Pascal — standing order
Required?

Yes

Proposed orders
🏛 D.N.J. local rule

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) ↗

ECF stamp requirements
👤 Judge Pascal — standing order

In civil cases, all written submissions to the Court, apart from submissions by pro se parties, shall be filed electronically via ECF.

Filing under seal
👤 Judge Pascal — standing order

Motions to seal must comply with Local Civil Rule 5.3(c) and shall be filed on the docket. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify whether all parties consent to the application.

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

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 ↗

👤 Judge Pascal — standing order
Default practice

The Court is also more likely to grant oral argument if a party represents, at the time of the filing of the motion or request for argument, that a junior attorney will present the argument.

Remote appearances
👤 Judge Pascal — standing order

For all telephone conferences, the Court will use the telephone number 1-856-210-8988. After dialing in, Counsel will need to enter an access code, which changes for each conference. Counsel should refer to the order scheduling the conference for the specific access code.

Continuances & calendar conflicts
👤 Judge Pascal — standing order

Adjournments. Adjournment requests shall be made in writing, filed on the docket, and indicate whether all parties consent. Extensions. Extension requests shall be made in writing, filed on the docket, and indicate whether all parties consent. All applications regarding motions returnable before a District Judge shall be presented to the District Judge.

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

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 ↗

Discovery dispute procedure
👤 Judge Pascal — standing order

Counsel shall meet and confer in a good faith attempt to informally resolve all discovery or case management disputes before seeking the Court's intervention. See L. Civ. R. 37.1(a)(1). Absent exigent circumstances, the Court expects parties to "meet and confer" in person, via telephone, or by video conference before making a discovery application. Any dispute not resolved shall be brought to the Court's attention by letter filed on the docket after counsel's good faith attempt to resolve the dispute has failed. The letter shall set forth the specific efforts the parties made to resolve the dispute before contacting the Court. No discovery motion shall be made without prior leave of Court. See L. Civ. R. 37.1(b).

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