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

Hon. William J. Martini

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 Martini — standing order

The senior attorney in charge of the case or trial counsel must attend all settlement conferences, and the client with full settlement authority must either attend or be immediately available by phone.

Contacting chambers
👤 Judge Martini — standing order

Judge Martini permits submission of papers via email or fax only with advance permission from Chambers. Communications with the Judge's law clerks are permitted.

Settlement notification
👤 Judge Martini — standing order

In appropriate cases, Judge Martini encourages expedient settlement and the use of alternative dispute resolution. The senior attorney in charge of the case or trial counsel must attend all settlement conferences, and the client with full settlement authority must either attend or be immediately available by phone. In cases involving insurance companies and other corporate business entities, it is expected that the executive who will make the final decision on the settlement will be the person available for the 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) ↗

👤 Judge Martini — standing order
Motion

Briefs: Judge Martini requires strict compliance with the length limitations and format requirements for briefs set forth in Local Civil Rule 7.2(b) and any amendments and modifications thereto. Judge Martini enforces the provision in that Rule that mandates that a litigant request special permission from the Court before submitting papers that are not in compliance, except that informal letter briefs are permitted when appropriate.

Opposition

Briefs: Judge Martini requires strict compliance with the length limitations and format requirements for briefs set forth in Local Civil Rule 7.2(b) and any amendments and modifications thereto.

Reply

Briefs: Judge Martini requires strict compliance with the length limitations and format requirements for briefs set forth in Local Civil Rule 7.2(b) and any amendments and modifications thereto.

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) ↗

👤 Judge Martini — standing order

Judge Martini requires strict compliance with the length limitations and format requirements for briefs set forth in Local Civil Rule 7.2(b) and any amendments and modifications thereto. Judge Martini enforces the provision in that Rule that mandates that a litigant request special permission from the Court before submitting papers that are not in compliance, except that informal letter briefs are permitted when appropriate. All briefs, attachments, and other submissions to the Court must be filed in searchable PDF format.

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 Martini — 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) ↗

👤 Judge Martini — standing order

All requests should be accompanied by a proposed order.

ECF stamp requirements
👤 Judge Martini — standing order

All submissions, including correspondence, must be electronically filed via CM/ECF. No submissions will be accepted via fax or email without the express consent of Chambers.

Filing under seal
👤 Judge Martini — standing order

Sealed Filings: All papers filed under seal shall be submitted in unredacted form to the Court in hard copies and digital copies in searchable PDF format on a USB drive.

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 Martini — standing order
Default practice

Oral Argument: Oral argument will not be held automatically on the listed return date. If the Court grants the request for oral argument or wishes to hear oral argument on a matter where no request has been made, the Courtroom Deputy shall contact the parties to schedule oral argument. Absent a request for oral argument, the matter will be decided on the papers pursuant to Federal Rule of Civil Procedure 78(b).

Decided on the papers?

Yes — motions decided on the papers without oral argument.

Remote appearances
👤 Judge Martini — standing order

Judge Martini conducts telephone conferences on motions at the Court's initiation.

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 ↗

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