NJ-D — Motion Practice

NJ-D is a submission court that runs on a motion-day calendar. Briefing deadlines count back from the noticed motion day rather than running forward from service.

Mechanics

• Motion-day notation (Civ. R. 7.1): Counsel must note the motion day on the cover page of the motion. Civ. R. 78.1 governs the motion-day calendar.
• Motion + supporting brief (Civ. R. 7.1(d)(1)): Filed with the Clerk at least 24 days before the noticed motion day.
• Opposition (Civ. R. 7.1(d)(2)): Filed at least 14 days before the original motion day, unless the Court orders otherwise or an automatic extension is obtained under Civ. R. 7.1(d)(5).
• Reply (Civ. R. 7.1(d)(3)): Reply brief notes the motion day on the cover page; filed in advance of motion day per the rule.
• Page limits (Civ. R. 7.2(b)): 40 pages (main brief), 15 pages (reply); reduced 25% for non-conforming font. See §1 Formatting & Page Limits.
• Oral argument (Civ. R. 78.1): *'No oral argument shall be heard except as permitted expressly by the Judge assigned to hear the motion.'* If oral argument is required, the parties shall be notified by the court. Argument may be conducted in open court or by telephone conference at the judge's discretion. Request for oral argument shall be clearly marked on the first page of the notice of motion and/or the brief.
• Discovery motions (Civ. R. 37.1): May be presented by telephone conference call or letter to the judge before formal motion practice. The presentation precedes any formal motion.

For the traps on motion-day notation and discovery telephone/letter presentation, see Watchpoints #2 and #6.

For the rule, see the D.N.J. Local Civil Rules.