Court Rules
Judge

Judge Brian R. Martinotti

Individual Rules, Standing Orders & Policies

District of New Jersey

Limits & Logistics

Courtesy Copies

Courtesy copies

  • At Start of Trial
Filters:

Document Format Requirements2 rules

FormattingImportantCivil cases

PLEASE NUMBER ALL PAGES

Formatting

  • Number all pages
BRMPretrialOrderForm · p. 1
|SectionFORM OF FINAL PRETRIAL ORDER USED BY: HON. BRIAN R. MARTINOTTI, USDJ
FormattingImportantCivil cases

This form is to be retyped in full (including all instructions) and all material inserted in proper sequence and not by means of attached riders except as provided below.

Formatting

  • Retype in full
  • Insert material in proper sequence
  • No attached riders except as provided
BRMPretrialOrderForm · p. 1
|SectionFORM OF FINAL PRETRIAL ORDER USED BY: HON. BRIAN R. MARTINOTTI, USDJ

Document Filing Requirements5 rules

Filing RequirementsMandatoryCivil cases

Each party must submit a trial brief with citations and arguments; failure may result in striking of complaint or defense.

Document
Trial brief

Must include

  • Citation to authorities

Court's wording

Each side shall submit to the Judge and to opposing counsel a trial brief or memorandum in accordance with Local Civil Rule 7.2B, with citations to authorities and arguments in support of its position on all disputed issues of law. In the event a brief shall not be filed, the delinquent party's complaint or defense may be stricken.

BRMPretrialOrderForm · p. 3
|SectionJURY TRIALS / NON-JURY TRIALS
Filing RequirementsImportantCivil cases

Joint proposed verdict form/special interrogatories are to be submitted to the trial judge.

BRMPretrialOrderForm · p. 4
|SectionJURY TRIALS
Filing RequirementsImportantCivil cases

Each party must submit written jury instructions with case name, citations, party designation, numbered sequentially on separate sheets.

Document
Jury instructions

Must include

  • Citations
  • Separate sheets
  • Numbered sequence
  • Case name and number

Court's wording

Counsel for each party shall submit to the Judge, with a copy to opposing counsel, written requests for instructions to the jury. Supplemental requests for instructions may be submitted at any time prior to argument to the jury. All requests for instructions shall be plainly marked with the name and number of the case, shall contain citations of supporting authorities, if any, and shall designate the party submitting same. In the case of multiple requests by a party, these shall be numbered in sequence and each request shall be on a separate sheet of paper.

BRMPretrialOrderForm · p. 4
|SectionJURY TRIALS
Filing RequirementsImportantCivil cases

Each party must submit proposed findings of fact and conclusions of law to the judge and opposing counsel, with the right to submit supplemental findings during trial.

Court's wording

Each side shall submit to the Judge and other counsel proposed written findings of fact and conclusions of law. There is reserved to counsel the right to submit additional proposed findings of fact and conclusions of law during the course of the trial on those matters that cannot reasonably be anticipated.

BRMPretrialOrderForm · p. 4
|SectionNON-JURY TRIALS
Filing RequirementsNoteCivil cases

Proposed voir dire are to be submitted to the trial judge.

Document
Voir dire

Include

  • Submitted to judge
BRMPretrialOrderForm · p. 4
|SectionJURY TRIALS

Filing & Service rules

Service and Proof of Service Rules

Copies of exhibits must be made for opposing counsel.

Copies of exhibits are to be made for opposing counsel, and a bench book of exhibits is to be delivered to the Judge at the start of trial.

Civil cases

Page 3 | PLAINTIFF'S EXHIBITS / DEFENDANT'S EXHIBITS

Courtesy Copy Requirements

Copies of exhibits must be provided to opposing counsel, and a bench book of exhibits must be delivered to the judge at the start of trial.

Copies of exhibits are to be made for opposing counsel, and a bench book of exhibits is to be delivered to the Judge at the start of trial.

Civil cases

Page 3 | PLAINTIFF'S EXHIBITS / DEFENDANT'S EXHIBITS

About United States District Judge Brian R. Martinotti

Judge Brian R. Martinotti was appointed to the District of New Jersey by President Barack Obama in 2016.

Born in Englewood, New Jersey, Judge Martinotti built a career in private practice, public defense work, and local government before serving as a Superior Court Judge in New Jersey from 2002 to 2016. He served as a public defender for several municipalities, as a prosecutor in South Hackensack, and as a councilmember and council president in Cliffside Park.

Education

  • Seton Hall University School of Law, J.D., 1986
  • Fordham University, B.S., 1983

Career

  • Law clerk, Hon. Roger M. Kahn, Tax Court of New Jersey, 1986–1987
  • Private practice, Montvale, NJ, 1987–2002
  • Public defender, Cliffside Park, Bogota, and Moonachie, NJ
  • Prosecutor, South Hackensack, NJ
  • Councilmember (including Council President), Cliffside Park, NJ, 1991–2002
  • Judge, Superior Court of New Jersey, 2002–2016
  • U.S. District Judge, District of New Jersey, 2016–present

Division: Newark Courthouse: Frank R. Lautenberg U.S. Post Office & Courthouse, 2 Federal Square, Newark, NJ 07102 Chambers: Courtroom PO 01 Phone: (973) 645-6651 Email: njdnef_martinotti@njd.uscourts.gov

Chambers Staff

  • Courtroom Deputy: Lissette Rodriguez, (973) 645-4702
  • Court Reporter: Jennifer Kohn, (973) 776-7727
Common questions about Judge Brian R. Martinotti's rules

Are courtesy copies required for Judge Brian R. Martinotti?

Details: delivery at start of trial. Copies of exhibits must be provided to opposing counsel, and a bench book of exhibits must be delivered to the judge at the start of trial.

View ruleSource: page 3, section PLAINTIFF'S EXHIBITS / DEFENDANT'S EXHIBITS

What must be included with trial brief filings before Judge Brian R. Martinotti?

The rule requires legal argument and citation to authorities. Each party must submit a trial brief with citations and arguments; failure may result in striking of complaint or defense.

View ruleSource: page 3, section JURY TRIALS / NON-JURY TRIALS

What must be included with proposed findings conclusions filings before Judge Brian R. Martinotti?

The rule requires right to submit supplemental and submitted to judge and opposing counsel. Each party must submit proposed findings of fact and conclusions of law to the judge and opposing counsel, with the right to submit supplemental findings during trial.

View ruleSource: page 4, section NON-JURY TRIALS

What rule applies to service for exhibits before Judge Brian R. Martinotti?

Details: recipient: the opposing party. Copies of exhibits must be made for opposing counsel.

View ruleSource: page 3, section PLAINTIFF'S EXHIBITS / DEFENDANT'S EXHIBITS
Complete rules summary for Judge Brian R. Martinotti

The final pretrial order must be retyped in full, with material inserted in proper sequence, and no attached riders except as provided.

Copies of exhibits must be made for opposing counsel.

Each party must submit proposed findings of fact and conclusions of law to the judge and opposing counsel, with the right to submit supplemental findings during trial.

Parties must jointly submit a proposed verdict form and special interrogatories to the trial judge.

Each party must submit written jury instructions with case name, citations, party designation, numbered sequentially on separate sheets.

Copies of exhibits must be provided to opposing counsel, and a bench book of exhibits must be delivered to the judge at the start of trial.

All pages of the final pretrial order must be numbered.

Each party must submit a trial brief with citations and arguments; failure may result in striking of complaint or defense.

Proposed voir dire questions must be submitted to the trial judge.

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