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

Hon. Katharine S. Hayden

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) ↗

Contacting chambers
👤 Judge Hayden — standing order

Judge Hayden does not accept submissions or correspondence by fax.

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) ↗

👤 Judge Hayden — standing order
Motion

Judge Hayden requires strict compliance with the length limitations and format requirements for briefs set forth in L. Civ. R. 7.2 (and any amendments and modifications thereto). Judge Hayden enforces the provision in L. Civ. R. 7.2(b) that mandates that a litigant get special permission before submitting papers that are not in compliance.

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) ↗

Footnote policy
👤 Judge Hayden — standing order

Judge Hayden generally disapproves of the use of footnotes in briefs.

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 Hayden — standing order
Standing order

Two courtesy copies of proposed orders, motion papers, briefs, and exhibits must be sent by regular mail to Chambers. Please do not send courtesy copies of letter correspondence.

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) ↗

Filing under seal
👤 Judge Hayden — standing order

In civil cases, motions to seal concerning pre-trial matters are referred to the Magistrate Judge.

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 Hayden — standing order
Default practice

Oral argument will not automatically be held on the listed return date. If the Judge grants the request for oral argument, or wishes to hear oral argument on a matter where no request has been made, a text order setting forth the date and time for the argument will be entered via CM/ECF.

Continuances & calendar conflicts
👤 Judge Hayden — standing order

All requests for adjournments or extensions must be made in writing and, in the normal course, should be filed via CM/ECF.

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) ↗

More from Judge Hayden’s procedures
👤 Judge Hayden — standing order
Summary judgment procedure

Briefs: On summary judgment motions, in addition to requiring strict compliance with L. Civ. R. 56.1 (separate statements of fact), Judge Hayden requires that briefs contain a narrative statement of facts specific to the issues raised in the motion. Formal briefs must contain a Table of Contents and a Table of Authorities. Judge Hayden requires strict compliance with the length limitations and format requirements for briefs set forth in L. Civ. R. 7.2 (and any amendments and modifications thereto). Judge Hayden enforces the provision in L. Civ. R. 7.2(b) that mandates that a litigant get special permission before submitting papers that are not in compliance. Judge Hayden generally disapproves of the use of footnotes in briefs. See In re Opinion 662 of the Advisory Committee on Judicial Conduct, 133 N.J. 22, 32 (1993) (Clifford, J., concurring). Where parties rely on deposition transcripts, they should be prepared to supply a complete copy of the deposition upon request. Source ↗

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