Judge Elizabeth A. Pascal
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Joint Final Pretrial Order
- 2 copies • Upon Completion
Adjournments
- Counsel shall make every effort to meet to complete the Joint Final Pretrial Order. In any event, plaintiff's counsel should complete plaintiff's portion of the Order sufficiently in advance of the due date for the entire Order so as to give each defense attorney at least four full working days to complete the defense portion of the Order.
Document Format Requirements1 rule
Joint Final Pretrial Order must be on 8.5x11 paper and designate assigned District Judge in caption.
The Joint Final Pretrial Order shall designate the assigned District Judge in the caption and shall be submitted on 8 ½ by 11 paper. Upon completion, it shall be mailed or hand delivered to: [Hon. ] United States Magistrate Judge Mitchell H. Cohen U.S. Courthouse One John F. Gerry Plaza Fourth and Cooper Streets Camden, NJ 08101
Document Filing Requirements17 rules
Only listed witnesses may testify; objections must be noted with reasons.
Only the witnesses whose names and addresses are listed herein will be permitted to testify at the time of trial. For each witness listed, there must be a description of their testimony. Any objection to a witness must be noted by opposing counsel and for each such witness objected to, the name of the witness and the reason for the objection shall be given.
DocumentPretrial Order
Opposing counsel must receive expert CVs and Rule 26(a)(2) information before testimony.
No expert will be permitted to testify at trial unless all opposing counsel have received the curriculum vitae of the expert and the information required by Fed.R.Civ.P. 26(a)(2) as directed in the Scheduling Order.
DocumentPretrial Order
Only listed exhibits may be introduced at trial; objections must be noted.
In this section of the Final Pretrial Order, counsel should number each proposed exhibit and upon receipt of the exhibit list of an adversary, opposing counsel should prepare a response to this exhibit list indicating as to each exhibit whether there will be an objection and if there is, the nature of the objection. Absent an extraordinary showing of good cause, ONLY THE EXHIBITS LISTED BELOW SHALL BE INTRODUCED AT THE TIME OF TRIAL.
DocumentPretrial Order
If any hypothetical questions are to be put to an expert witness on direct examination, they shall be written in advance and submitted to the court and counsel prior to commencement of trial.
DocumentPretrial Order
Counsel are reminded that each such exhibit shall be physically pre-marked
DocumentPretrial Order
Additionally, the curriculum vitae of every expert expected to testify at the time of trial shall be attached to this Final Pretrial Order.
DocumentPretrial Order
Only experts listed in the pretrial order may testify.
Any prior Scheduling Order of the court concerning experts is applicable to this action and the directives of the Scheduling Order shall govern expert testimony in this case. Any expert not listed in this portion of the Final Pretrial Order shall not be permitted to testify at the time of trial.
DocumentPretrial Order
No later than seven days prior to the scheduled trial date, counsel for each party shall submit to the District Judge, with a copy to opposing counsel, proposed findings of fact and
DocumentProposed Findings Of Fact
EACH OF THESE ITEMS IS TO BE FILED PRIOR TO THE FIRST TRIAL DATE EVEN IF THE CASE IS CONTINUED.
DocumentTrial Preparation Items
IF you have the capability, the Proposed Requests for Charge should be submitted on computer disk, Work Perfect format. All proposed requests for charges shall be electronically filed, and a paper copy must also be provided.
DocumentProposed Requests For Charge
Each party shall submit to the judge and to opposing counsel proposed voir dire questions.
DocumentProposed Voir Dire Questions
Trial brief must be submitted 7 days before trial and electronically filed.
No later than seven days prior to the scheduled trial date or at such time as the court may direct: Each party shall submit to the District Judge and to opposing counsel a trial brief or memorandum with citations and authorities and arguments in support of the party’s position on all issues of law. The trial brief shall be electronically filed.
DocumentTrial Brief
Each party shall submit to the District Judge and to opposing counsel written requests for charges to the jury. Supplemental requests to charge that could not have been anticipated may be submitted any time prior to the arguments to the jury. All requests for charge shall be on a separate page or pages, plainly marked with the name and number of the case; shall contain citations of supporting authorities; shall designate the party submitting same; and shall be numbered in sequence.
DocumentProposed Requests For Charge
Joint Final Pretrial Order must follow form instructions; non-compliance may result in sanctions.
The Joint Final Pretrial Order must be signed by all counsel and submitted to the United States Magistrate Judge in accordance with the directives in the Scheduling Order. Attorneys who submit a proposed Joint Final Pretrial Order to the court that indicates they have not followed the form and instructions that are provided herewith greatly impede the processing of litigation in this court and create burdens for the court and its staff which are unnecessary. A persistent pattern of conduct in this regard by any attorney will result in the imposition of sanctions.
DocumentJoint Final Pretrial Order
Failure to cooperate on Joint Final Pretrial Order or obey orders may result in sanctions.
Sanctions may be imposed for the unexcused failure of counsel to cooperate in submitting the Joint Final Pretrial Order when due, or for failing to obey a Scheduling Order or Discovery Order. See Rules 16(f) and 37(b)(2) and (g), Federal Rules of Civil Procedure.
DocumentJoint Final Pretrial Order
Failure to comply with trial preparation deadlines may result in trial postponement, costs, or sanctions.
COUNSEL ARE ON NOTICE THAT FAILURE TO PROVIDE TIMELY COMPLIANCE WITH THE REQUESTS OF PART X AND XI MAY RESULT IN THE POSTPONEMENT OF TRIAL AND THE ASSESSMENT OF JUROR AND OTHER COSTS AND/OR THE IMPOSITION OF SANCTION.
DocumentTrial Preparation Compliance
You are not required to list exhibits that will be used, if at all, only for impeachment purposes.
DocumentPretrial Order
Filing & Service rules
Courtesy Copy Requirements
Original and two copies of Joint Final Pretrial Order must be delivered to court.
When the Joint Final Pretrial Order is completed, it should be returned to plaintiff's counsel, who shall be charged with delivering the original and two copies of the Order to the court, with sufficient copies for all counsel.
Civil cases
Page 2 | Joint Final Pretrial Order
Adjournment & Extension Requirements
Discovery must be completed within deadlines; extension requests must be made via letter before deadline expires.
When a discovery deadline is set forth in a Scheduling Order or Discovery Order, it is the clear order of the court that all discovery is to be completed within the given time period. Interrogatories and requests to produce should not be served so as to require the answering party to complete them outside the discovery period. Any applications for an extension of the discovery period shall be made prior to the expiration of the discovery deadline and shall initially be made to the court via letter request, in accordance with Local Civil Rule 37.1.
Civil cases
Page 1 | Additional Discovery
Expert report deadlines must be met; extension requests must be made via letter before deadline expires.
In any case where a party intends to present expert testimony, the Scheduling Order will set forth dates by which each party must submit the information required by Rule 26(a)(2), Federal Rules of Civil Procedure. Any applications for an extension of the expert report deadlines shall be made prior to the expiration of the deadline and shall initially be made to the court via letter request, in accordance with Local Civil Rule 37.1.
Civil cases
Page 1 | Expert Witnesses
Joint Final Pretrial Order may only be modified by formal motion in exceptional circumstances.
Once the Joint Final Pretrial Order is entered upon the record, it shall only be modified in exceptional circumstances “to prevent manifest injustice.” Fed. R. Civ. P. 16(e). All requests to amend the Joint Final Pretrial Order shall be made by formal motion.
Civil cases
Page 2 | Joint Final Pretrial Order
Counsel shall make every effort to meet to complete the Joint Final Pretrial Order. In any event, plaintiff's counsel should complete plaintiff's portion of the Order sufficiently in advance of the due date for the entire Order so as to give each defense attorney at least four full working days to complete the defense portion of the Order.
Counsel shall make every effort to meet to complete the Joint Final Pretrial Order. In any event, plaintiff's counsel should complete plaintiff's portion of the Order sufficiently in advance of the due date for the entire Order so as to give each defense attorney at least four full working days to complete the defense portion of the Order.
Civil cases
Page 2 | Joint Final Pretrial Order
Chambers Communication Rules
Final Pretrial Conference requires attorney with settlement authority and client availability.
In the event the Joint Final Pretrial Order is to be delivered to the court at the Final Pretrial Conference, the Order will be reviewed by the Magistrate Judge at the conference and entered upon the record. Another purpose of the Final Pretrial Order is to attempt to settle the action. For that reason, at that conference, each party must be represented by an attorney who is vested with full settlement authority. Clients are to be either present or on call so that any settlement proposals made at the conference can be immediately conveyed.
Civil cases
Page 2 | Joint Final Pretrial Order