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

Hon. Matthew J. Skahill

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 Skahill — standing order

For in-person conferences, absent leave of the Court, Magistrate Judge Skahill requires that trial counsel and clients with full and complete settlement authority attend the conference in person and remain available for the duration of the conference. For telephonic/Zoom conferences, Magistrate Judge Skahill requires that parties with full and complete settlement authority also be available for the entire conference.

Contacting chambers
👤 Judge Skahill — standing order

In civil cases, all written submissions to the Court, unless otherwise directed, should be filed electronically via ECF. Confidential settlement memoranda, however, should be submitted directly via email to njdnef_skahill@njd.uscourts.gov. Proposed joint discovery plans may also be submitted to this email address. Counsel may contact chambers by telephone with procedural questions but all questions regarding substantive matters should be in writing and electronically filed via ECF. Requests for extensions should be in writing and filed via ECF indicating whether opposing counsel consents. Submissions by fax will not be accepted without prior approval.

Settlement notification
👤 Judge Skahill — standing order

Settlement Conferences: Magistrate Judge Skahill will normally require counsel to submit a confidential settlement memorandum at least 3 business days prior to the settlement conference. Unless otherwise instructed, the settlement memorandum shall not exceed 10 double spaced pages. Counsel may also include exhibits or documents that they intend to refer to or rely on at the conference, which are truly necessary. Magistrate Judge Skahill expects that the submissions will include a candid discussion of the submitting party's strengths and weaknesses in the case. The confidential settlement memoranda should be sent to njdnef_skahill@njd.uscourts.gov.

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 Skahill — standing order
Standing order

Courtesy copies of papers should not be sent to Chambers unless specifically requested or the submission, including exhibits, exceeds 100 pages in length.

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 Skahill — standing order

In civil cases, all written submissions to the Court, unless otherwise directed, should be filed electronically via ECF.

Filing under seal
👤 Judge Skahill — standing order

Magistrate Judge Skahill requires that counsel comply with Local Civil Rule 5.3(c).

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 Skahill — standing order
Default practice

Magistrate Judge Skahill does not hold oral argument on motions unless requested by the Court. The Court will advise the parties of the date and time of the argument and whether the argument will be held in-person or via a telephone conference. All reasonable efforts will be made to accommodate the schedule of counsel.

Decided on the papers?

Yes — motions decided on the papers without oral argument.

Remote appearances
👤 Judge Skahill — standing order

Magistrate Judge Skahill is amenable to telephone conferences, particularly on scheduling and discovery matters. Magistrate Judge Skahill requires counsel to meet and confer prior to requesting a conference to address discovery disputes.

Continuances & calendar conflicts
👤 Judge Skahill — standing order

Requests for extensions should be in writing and filed via ECF indicating whether opposing counsel consents.

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 Skahill — standing order

Discovery Disputes: The protocol for raising discovery disputes is addressed by Magistrate Judge Skahill in the Pretrial Scheduling Order and at the initial conference. The Court requires counsel to meet all of their obligations under Local Rule 37.1 and to attempt to resolve discovery disputes by meeting and conferring in person or by speaking over the telephone. Discovery motions may be filed only upon leave of the Court and after the parties have proceeded in accordance with Local Rules 16.1 and 37.1 and the Court's instructions in the Pretrial Scheduling Order.

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