Court Rules
district Judge
Verified Current2 days ago

Judge Evelyn Padin

District of New Jersey

Limits & Logistics

Courtesy Copies

Filings (All filings)

Required

Adjournments

Notice Required
48Hours

Must Include

  • 1
    Agreement Of All Litigants
  • 2
    Detailed Basis For Request
  • 3
    Whether Agreed To Or Opposed By Other Litigants
  • 4
    Compelling Reasons For Relief Sought
  • 5
    Reasons For Request
  • 6
    Reason For Request
  • 7
    Consent Obtained
  • 8
    Consent Not Obtained
  • 9
    Medical Documentation If Applicable
  • 10
    Defendant Agreement
  • 11
    Written Agreement
Notice Required
7Calendar Days

Communication

Letter Ecf

Chambers

No Status Inquiries
Email

Chambers

Advance Notice Required
No Status Inquiries
Email

Chambers

chambers_of_judge_evelyn_padin@njd.uscourts.gov
No Status Inquiries

Chambers

Technical IssuesPro Hac VicePretrial ConferenceFinal Pretrial ConferenceDocument Submission
Advance Notice Required
No No Specific Scheduling Days, Conflicts, Witness Jury Contact, Hours, Special Witness Scheduling, Juror Note Taking
Phone

Chambers

EmergenciesSchedulingTechnical IssuesSettlement Conference
Courtesy Required
No Status Inquiries, Attorney Limit, One Attorney Per Side
Verbal

Chambers

No Status Inquiries, Speaking Objections
Filters:AllMandatoryImportantFormattingSealingCommunicationElectronicsConferencesLettersJuryECF Filing

Detailed Drafting Rules

Communication ProtocolImportant

Pro se litigants must file all substantive correspondence on CM/ECF docket

Pro se (unrepresented) litigants are advised that ex parte (one-sided) and/or personal communications and submissions are not advised and will generally not be accepted. All substantive correspondence with the Court should be filed on the CM/ECF docket. Any writings sent to the Court will generally be posted on the public CM/ECF docket.

Letter via ECF

Direct to: Chambers

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 2
|SecC. Pro se litigants
Communication ProtocolImportant

Communications with the Court should be made through CM/ECF, not by fax, email, or phone.

In general, communications with the Court should be made through the CM/ECF, not by fax, email, or phone call to chambers.

Email

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 3
|SecD. Correspondence with the Court
Communication ProtocolMandatory

Email to Chambers must copy chambers_of_judge_evelyn_padin@njd.uscourts.gov.

If a party emails Chambers, they must copy chambers_of_judge_evelyn_padin@njd.uscourts.gov on all correspondences.

Email

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 3
|SecD. Correspondence with the Court
Communication ProtocolNote

Routine scheduling matters should be handled via CM/ECF with advance notice.

To the extent you wish to contact the Court on a routine scheduling matter (e.g., an extension for the submission of a brief), please do so via CM/ECF with as much advance notice as possible.

Email

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    as much as possible
Page 3
|SecD. Correspondence with the Court
Communication ProtocolMandatory

Discovery/non-dispositive motion correspondence to Magistrate Judge; dispositive motions/trials to Judge Padin.

In general, and unless otherwise directed by the Court, all discovery-related correspondence, as well as any correspondence related to non-dispositive motions, should be addressed to the Magistrate Judge assigned to the case. All correspondence related to dispositive motions, trials, and related oral arguments should be addressed to Judge Padin.

Contact Method

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Page 3
|SecD. Correspondence with the Court
Communication ProtocolImportant

Phone calls to Court should be reserved for emergencies only.

Calls to the Court should be reserved for emergencies.

Phone

Approved Topics
Emergencies
Prohibited
  • Status Inquiries
Page 4
|SecE. Telephone Correspondence with the Court
Communication ProtocolMandatory

Phone callers must provide name, case name/number, party represented, and question.

Callers should let the Court know (1) their name(s); (2) the case name and civil action number on which they are calling; (3) the party(ies) they represent; and (4) their question.

Phone

Approved Topics
Emergencies
Page 4
|SecE. Telephone Correspondence with the Court
Communication ProtocolImportant

Communications with law clerks limited to administrative matters and questions.

Judge Padin permits limited communications with her law clerks solely regarding administrative matters and questions.

Email

Direct to: Clerk

Approved Topics
SchedulingStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 4
|SecF. Communication with Law Clerks
Communication ProtocolMandatory

Law clerks should not be contacted for substantive/procedural advice except for rudimentary matters.

Unless directed otherwise by the Court, litigants should never contact law clerks for advice on substantive or procedural matters other than of a very rudimentary nature (such as to confirm the Court’s administrative policies and procedures or to alert the Court of some actual emergency that cannot be timely handled by conventional correspondence or formal filings).

Email

Direct to: Clerk

Approved Topics
SchedulingStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 4
|SecF. Communication with Law Clerks
Communication ProtocolNote

Scheduling matters should be directed to Judge Padin’s Courtroom Deputy.

Communications with the Court about scheduling matters should be directed to Judge Padin’s Courtroom Deputy.

Contact Method

Direct to: Chambers

Approved Topics
Scheduling
Page 4
|SecF. Communication with Law Clerks
Communication ProtocolMandatory

Each party limited to two attorneys at telephone conferences without prior permission.

Absent prior permission from the Court, parties are each limited to two attorneys each appearing at telephone conferences.

Phone

Approved Topics
SchedulingTechnical Issues
Prohibited
  • Attorney Limit
Page 4
|SecG. Telephone Conferences
Communication ProtocolMandatory

Only one attorney per side may address the Court during telephone conferences.

Only one attorney per side will be permitted to address the Court during the call.

Phone

Approved Topics
SchedulingTechnical Issues
Prohibited
  • One Attorney Per Side
Page 4
|SecG. Telephone Conferences
Communication ProtocolImportant

Failure to observe telephone courtesy may result in Court refusing telephone conferences.

Failure to observe basic telephone courtesy will result in the Court’s refusal to use telephone conferences in matters involving the offending participants.

Phone

Approved Topics
SchedulingTechnical Issues
Requirements
  • Courtesy Required
Page 4
|SecG. Telephone Conferences
Communication ProtocolNote

Judge Padin does not set aside specific days/times for oral arguments, motions, or hearings.

Judge Padin does not set aside specific days or times for oral argument, motions, or evidentiary hearings.

Contact Method

Approved Topics
SchedulingTechnical Issues
Prohibited
  • No Specific Scheduling Days
Page 4
|SecH. Oral Arguments and Evidentiary Hearings
Communication ProtocolNote

Pro Hac Vice requests handled by assigned Magistrate Judge per Local Civil Rule 101.1(c).

Please refer to Local Civil Rule 101.1(c). These requests will generally be handled by the assigned Magistrate Judge.

Contact Method

Direct to: Magistrate Judge

Approved Topics
Pro Hac Vice
Page 4
|SecI. Pro Hac Vice Admissions
Communication ProtocolNote

Magistrate Judge schedules initial pretrial conference after defendant’s answer or dispositive motion.

Generally, the Magistrate Judge assigned to the case schedules an initial pretrial conference pursuant to Local Civil Rule 16. These conferences are held after the filing of the defendant’s answer or a dispositive motion.

Contact Method

Direct to: Magistrate Judge

Approved Topics
Pretrial Conference
Page 4
|SecA. Pretrial Procedures and Final Pretrial Conference with Magistrate Judge
Communication ProtocolNote

Magistrate Judge holds final pretrial conference at close of discovery.

At the close of discovery, the Magistrate Judge will hold a final pretrial conference.

Contact Method

Direct to: Magistrate Judge

Approved Topics
Final Pretrial Conference
Page 4
|SecA. Pretrial Procedures and Final Pretrial Conference with Magistrate Judge
Communication ProtocolNote

Judge Padin may hold telephone conference to set settlement conference date.

Judge Padin may hold a telephone conference to set a date for a settlement conference.

Phone

Approved Topics
Settlement Conference
Page 4
|SecB. Following Final Pretrial Conference with Magistrate Judge
Pre-Motion ProcedureMandatory

Pre-motion letter (max 3 single-spaced pages) required before specific civil motions.

before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, or motion for judgment on the pleadings in civil matters, a party must submit a letter, not to exceed three (3) single-spaced pages, including counsel's signature, requesting a pre-motion conference.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length3 pgs

Briefing Schedule

Opp: 7d • Reply: 0d

Page 6
|SecE. Motions i. Pre-Motion Conference in Civil Cases
Pre-Motion ProcedureMandatory

Adversaries must respond to pre-motion letter within 7 days (max 3 single-spaced pages).

Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages.

Pre-Motion Conference

Check specific requirements before filing.

Briefing Schedule

Opp: 7d • Reply: 0d

Page 6
|SecE. Motions i. Pre-Motion Conference in Civil Cases
Format RequirementMandatory

All PDF filings must be text searchable and at least 400 dpi.

Judge Padin also requires compliance with Local Rule 1(h) that all PDF filings be text searchable and at a minimum 400 dpi.

Required Format

PDF

Page 6
|SecE. Motions iv. General Motion Practice
Communication ProtocolImportant

Trial date takes precedence over other matters except serious emergencies.

Once a trial date has been set, the Court expects that obligation to take precedence over other matters (except serious, unanticipated personal or professional emergencies).

Contact Method

Approved Topics
Scheduling
Prohibited
  • Conflicts
Page 10
|SecTrial Procedure
Communication ProtocolImportant

Objections should be brief, stating only the basis (e.g., hearsay, relevance); speaking objections are disfavored.

If a litigant wishes to make an objection, he or she should stand, state the objection, and simply state the basis for the objection, such as “hearsay” or “relevance.” The Court disfavors speaking objections.

Verbal

Approved Topics
Objections
Prohibited
  • Status Inquiries
  • Speaking Objections
Page 10
|SecTrial Procedure
Communication ProtocolMandatory

Witnesses must not have any private conversation with jurors at any time during the case.

Litigants have the responsibility to advise witnesses that no witness may talk to the jury at any time during the pendency of the case. For example, if the witness has stepped down from the witness stand to testify as to an exhibit, the witness should not have any private conversation whatsoever with any juror.

Contact Method

Approved Topics
Witness Jury Contact
Prohibited
  • Witness Jury Contact
Page 10
|SecTrial Procedure
Communication ProtocolMandatory

All documents for Court or jury must first be given to the Courtroom Deputy.

Any and all documents to be provided to the Court or viewed by the jury should first be handed to the Courtroom Deputy.

Contact Method

Direct to: Clerk

Approved Topics
Document Submission
Page 10
|SecTrial Procedure
Communication ProtocolNote

Trial day is typically 9:30 a.m. to 4:30 p.m. for matters outside jury presence.

The trial day typically will be from 9:30 a.m. until 4:30 p.m., so that the early morning and late afternoon periods can be used for addressing matters outside the presence of the jury.

Contact Method

Approved Topics
Scheduling
Prohibited
  • Hours
    9:30 AM - 4:30 PM
Page 10
|SecTrial Procedure
Communication ProtocolNote

Out-of-town parties/witnesses are scheduled same as all other cases; witness scheduling left to litigants.

Other than in rare and exceptional circumstances, Judge Padin schedules the trial of cases involving out-of-town litigants, parties, or witnesses the same as all other cases, leaving the scheduling of witnesses to litigants.

Contact Method

Approved Topics
Scheduling
Prohibited
  • Special Witness Scheduling
Page 10
|SecTrial Procedure
Communication ProtocolMandatory

Litigants must immediately notify Court and opposing counsel of unavoidable conflicts affecting trial schedule.

Litigants should notify the Court and opposing counsel immediately upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule.

Contact Method

Approved Topics
Conflicts
Requirements
  • Advance Notice Required
    immediately
Page 10
|SecTrial Procedure
Communication ProtocolMandatory

Jurors are not permitted to take notes as it distracts from testimony.

Judge Padin does not permit jurors to take notes. Note taking is not necessary and will distract jurors from paying attention to what a witness is saying and his or her manner on the witness stand.

Contact Method

Approved Topics
Juror Note Taking
Prohibited
  • Juror Note Taking
Page 10
|SecTrial Procedure
Sealing ProtocolMandatory

Public/press must file written request for access to redacted sentencing materials with specific content and page limits.

A member of the public or the press who wishes to have access to portions of the redacted sections of the Sentencing Materials shall advise the Court, via a written submission on the docket (or if unrepresented by counsel, via e-mail to the Courtroom Deputy and all Counsel of Record) that it seeks access to redactions contained within the Sentencing Materials. Such written submission shall identify the name of the requesting party, the name of counsel for the requesting party, if any, the specific portions of the sentencing memoranda sought to be disclosed, and any legal arguments supporting disclosure (not to exceed to 5 pages). Within two days of such written submission, the parties shall electronically file a response (not to exceed 5 pages).

Protocol

Sealing Procedure

Motion to Seal: REQUIRED
Applicable Categories
Personal InformationAttorney Client PrivilegedWork ProductOther
Filing Requirements
Public ECF Filing(Redacted Version)
REQUIRED
Delivery to Clerk(Unredacted Version)
NO
Delivery to Chambers(Unredacted Version)
NO
Format & Details
Page 15
|SecDisclosure made after 48 hours