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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

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 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

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 Skahill — 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 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

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 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

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 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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