Judge Julien Xavier Neals
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- Upon request
Adjournments
- Extension requests affecting other dates must propose changes to all deadlines.
- Adjournment/extension requests must include specific required elements.
Request must include
- Moving submissions due 10 business days before sentencing; responsive submissions due 5 business days before.
Communication
Letter via ECF
Chambers
Chambers
Letter via ECF
Clerk
Page & Word Limits2 rules
Summary judgment motions prohibited in ANDA patent cases; waiver letter allowed (max 3 single-spaced pages).
The Court does not permit filing summary judgment motions in ANDA patent cases. A party may, however, submit a letter to the Court, not to exceed three (3) single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues.
Waiver Letter
3 pages
Within five (5) business days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages.
Document Format Requirements2 rules
All parties except pro se must file electronically via CM/ECF in text-searchable PDF format.
All parties, with the exception of pro se litigants, shall file all documents, in both civil and criminal matters, electronically via CM/ECF. All papers electronically filed shall be submitted in a text-searchable PDF format to the extent possible.
Judge Neals requires compliance with the page limitations and format requirements for briefs outlined in Local Civil Rule 7.2.
Document Filing Requirements24 rules
If any relief is being sought, a proposed order must accompany the CM/ECF filing.
DocumentMotion
Summary judgment motions require statement of material facts with citations.
Motions for summary judgment must be accompanied by a statement of material fact. Each fact must include a citation to the record evidence with a pin cite that supports that fact. Facts without citation to record evidence may be disregarded by the Court.
DocumentSummary Judgment Motion
All motions for default judgment under Federal Rule of Civil Procedure 55(b)(2) shall include a brief that addresses each of the elements necessary to support the entry of a final judgment by default.
DocumentDefault Judgment Motion
Opposing summary judgment motions must respond to each fact with dispute status and citations.
If a summary judgment motion is opposed, the opposing party shall set forth, in a single document, each paragraph of the moving party's statement of material facts. Directly below each paragraph, the opposing party shall denote whether that fact is disputed or undisputed. If the fact is disputed, the opposing party must include a citation to record evidence with a pin-cite that supports the dispute. Any explanation must include a citation to record evidence with a pin cite.
DocumentOpposition To Summary Judgment
Joint letter required 2 days before oral argument for multiple counsel or witness testimony.
If multiple counsel will be arguing on each side or the parties intend to introduce live witness testimony, two (2) days before the scheduled appearance, counsel shall file a joint letter in CM/ECF with the parties' proposed (a) order of presentation for each party or issue and (b) division of the allotted argument time for each counsel and party.
DocumentJoint Letter For Oral Argument
Any responsive papers shall be submitted at least three (3) weeks before the start of trial.
DocumentResponsive Papers
Each proposed charge shall include citations to the applicable authority using footnotes.
DocumentJury Charge
Counsel are to delineate in their submissions charges they wish to be given before trial, including a joint preliminary statement of the case, and charges they wish to be given at the close of trial.
DocumentJury Charge
Four (4) weeks before trial, the parties shall submit in hard copy form and an electronic version, preferably in Word, via email to Judge Neals’s law clerk the following pre-trial submissions:
DocumentPre Trial Submissions
Parties must consult with each other and with the Courtroom Deputy at the end of each trial date and compare notes as to which exhibits are in evidence and any limitations thereon.
DocumentExhibits
Before the case goes to the jury, parties must confer with the Courtroom Deputy to ensure the exhibits going to the jury room are all in evidence and in good order.
DocumentJury Deliberation Exhibits
Parties shall provide a revised list of all exhibits in evidence (and no others) stating the exhibit number and a brief, non-argumentative description
DocumentJury Deliberation Exhibit List
Sentencing memoranda must be emailed to judge with copies to counsel and probation department, plus CM/ECF notice.
All Sentencing Memoranda, along with all supporting exhibits and correspondence (collectively, the “Sentencing Materials”), shall be submitted directly to the Court via email (njdnef_neals@njd.uscourts.gov). The submitting party is also expected to furnish copies to all Counsel of Record and the United States Probation Department. Although the submitting party is not required to file its memorandum on the Court’s CM/ECF system, it must file a notice via CM/ECF (a “Submission Notice”) on the form prescribed by the Clerk of the Court.
DocumentSentencing Memorandum
Judge Neals will typically permit only one pass by a party without forfeiture.
DocumentPeremptory Challenges
Judge Neals does not send weapons, narcotics, currency, and similar items into the jury room.
DocumentSensitive Exhibits
Judge Neals provides jurors with a written copy of the jury charge.
DocumentJury Charge
Judge Neals will generally charge the jury after counsel make their closing arguments.
DocumentJury Charge
If jurors wish to see such an exhibit during deliberations, they are permitted to do so in the emptied courtroom with only a Deputy Marshal present.
DocumentSensitive Exhibits
thirty (30) to sixty (60) minutes should be adequate for an opening statement and summation in most non-complex cases.
DocumentOpening Statements Closing Arguments
Judge Neals will ask any follow-up questions at sidebar.
DocumentJury Voir Dire
Peremptory challenges are exercised in turn, with each side exercising one round of challenge(s) at a time.
DocumentPeremptory Challenges
Judge Neals typically attempts to obtain the agreement of litigants regarding time limits on opening statements and closing arguments.
DocumentOpening Statements Closing Arguments
The prosecuting attorney and/or investigating agency is generally required to maintain custody of exhibits such as weapons, narcotics, or currency during trial.
DocumentSensitive Exhibits
RICO case statement required within 30 days of complaint filing.
In all matters in which the complaint contains a RICO claim, pursuant to 18 U.S.C. §§ 1961-1968, the plaintiff(s) must file a RICO Case Statement within thirty (30) days of filing the complaint, in accordance with Appendix O of the Local Rules & Appendices found here.
DocumentRico Case Statement
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies only provided by court request.
By request of the Court only.
Page 1 | II. SUBMISSIONS
Courtesy copies of trial exhibits only if Court requests them.
The parties shall only send courtesy copies of trial exhibits if the Court requests them.
Page 5 | D. Pre-trial Submissions
Sealing & Redaction Procedures
Sealed documents must comply with Local Civil Rule 5.1.
Any documents filed under seal shall comply with Local Civil Rule 5.1.
Page 1 | II. SUBMISSIONS
Pre-Motion Conference Requirements
Pre-motion letter (max 3 single-spaced pages) required before certain motions.
before bringing a motion to dismiss, a motion for a more definite statement, or a motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.
Page 2 | IV. CIVIL MOTION PRACTICE
Response to pre-motion letter must be filed 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.
Page 2 | IV. CIVIL MOTION PRACTICE
Affidavits and exhibits prohibited in pre-motion letters unless court directs otherwise.
Affidavits and exhibits are not permitted unless directed by the Court. However, a proffer by the attorney of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.
Page 2 | IV. CIVIL MOTION PRACTICE
Reply letters to pre-motion correspondence only allowed if directed by court.
No party may submit a reply letter unless directed by the Court.
Page 2 | IV. CIVIL MOTION PRACTICE
If no pre-motion conference, party gets 7 additional days to file motion after Rule 12(a) deadline.
If the Court determines that a pre-motion conference would not be helpful and instructs a party to file its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders.
Page 2 | IV. CIVIL MOTION PRACTICE
Pre-motion letter filing tolls deadline to file motion or answer.
A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference.
Page 2 | IV. CIVIL MOTION PRACTICE
Pre-motion letter requirement does not apply to bankruptcy appeals, social security appeals, MDL cases, or pro se cases.
This letter exchange does not apply to bankruptcy appeals, social security appeals, cases seeking transfers based on Multidistrict Litigation (MDL) orders, or cases in which either side is appearing pro se.
Page 2 | IV. CIVIL MOTION PRACTICE
Adjournment & Extension Requirements
Adjournment/extension requests must include specific required elements.
Requests for adjournments or extensions of time, other than those under Local Civil Rule 7.1(d)(5), must comport with Local Civil Rule 6.1 and include: (1) the date or dates sought to be extended; (2) the number of previous requests for extensions and the Court's rulings; (3) the basis for the current request; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
Page 3 | MOTION DAYS/ORAL ARGUMENT
Extension requests affecting other dates must propose changes to all deadlines.
If the requested extension affects any other scheduled dates, the request must list the proposed change for all other dates/deadlines.
Page 3 | MOTION DAYS/ORAL ARGUMENT
Moving submissions due 10 business days before sentencing; responsive submissions due 5 business days before.
Unless otherwise ordered by the Court, a party moving for a variance, downward departure, or submission in mitigation of a sentence (a “Moving Submission”) is instructed to directly serve the Court no fewer than ten (10) business days before the sentencing date. The responsive party’s submission (a “Responsive Submission”) to any related motions shall be submitted and served no fewer than five (5) business days before the sentencing date.
Page 7 | VIII. CRIMINAL CASES
Chambers Communication Rules
Pro se parties must file documents directly with Clerk's Office, not chambers.
Parties appearing pro se must file all documents, applications, and motions directly with the Clerk’s Office, not Judge Neals.
Page 1 | II. SUBMISSIONS
All communications with chambers must be via CM/ECF letter filing; no hard copies allowed; pro se exempt.
All communications with Chambers shall be by letter electronically filed via CM/ECF. No hard copies or courtesy copies of letters shall be delivered to the Court. Pro se parties are exempt from this requirement.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Violating electronic device rules results in confiscation and possible removal from courtroom/courthouse.
Any person violating the rules regarding electronic devices will have their devices confiscated and risk being removed from the courtroom or courthouse at the discretion of the court, U.S. Marshals Service, and/or Court Security Officers.
Page 7 | IX. USE OF ELECTRONIC DEVICES
Photography, audio/video recording, and broadcasting strictly prohibited in courtroom and adjacent areas.
Photography, use of audio or video recording devices, and use of broadcasting, online posting or streaming, or televising devices are strictly prohibited in the courtroom and areas immediately adjacent to it.
Page 7 | IX. USE OF ELECTRONIC DEVICES
Technology notification required 2 weeks before courtroom appearance.
If the parties intend to use electronic demonstrative evidence or need to set up/test technology in the courtroom, they must notify Judge Neals's Courtroom Deputy at least two (2) weeks before their scheduled appearance.
Page 4 | COURTROOM TECHNOLOGY
Wireless communication devices permitted in courtroom if silenced and not used to transmit/record/broadcast.
Electronic devices having a primary function of wireless communication, including but not limited to cell phones, laptops, and tablets, are permitted in the courtroom but must be silenced and may not be used to transmit, record, or broadcast audio or visual feeds, updates or messages in any form.
Page 7 | IX. USE OF ELECTRONIC DEVICES
Junior Lawyer Participation Incentives
Junior attorneys (under 5 years) may present oral argument with supervisor assistance.
Requests for oral argument to allow a junior attorney (i.e., under five (5) years of experience) to present argument will be liberally granted subject to calendar availability. The Court will permit a supervising attorney to assist the junior attorney at the argument.
Page 4 | MOTION DAYS/ORAL ARGUMENT