District of New Jersey Document Filing Requirements

Applies to

Zoom information sheet

Parties must submit a completed Zoom Information Sheet to Chambers for proceedings before the Judge.

For proceedings before the Judge, parties must complete and return to his Chambers a “Zoom Information Sheet,” which is available on the Court’s website under the Judge’s Info page in the “Trials” tab.

Applies to

Zoom information sheet

Parties in proceedings before Judge Sherwood must submit a completed Zoom Information Sheet to Chambers.

For proceedings before Judge Sherwood, parties must complete and return to his Chambers a “Zoom Information Sheet,” which is available on the Court’s website under Judge Sherwood’s Info page in the “Trials” tab.

Applies to

Exhibit

Exhibits must be clearly identified for easy location during the hearing.

The exhibits must be clearly identified so that the exhibits can be easily located during the hearing.

Applies to

Exhibit list

A single Exhibit List may be filed, with each exhibit attached as a separate exhibit thereto.

However, there can be one Exhibit List filed, but each exhibit must be attached and filed as a separate exhibit thereto.

Applies to

Notice

Counsel must provide advanced notice if witnesses will testify about confidential information.

Whenever witnesses are expected to testify on the record about confidential information, counsel must provide advanced notice so that the Court can determine whether arrangements need to be made to protect that information from anyone listening in during the trial.

Applies to

Zoom information sheet

Parties in proceedings before Judge Kaplan must complete and return a Zoom Information Sheet to Chambers.

For proceedings before Judge Kaplan, parties must complete and return to his Chambers a “Zoom Information Sheet,” which is available on the Court’s website under Judge Kaplan’s Info page in the “Trials” tab.

Applies to

Motion

Summary judgment motions must include a separately filed statement of material facts; each fact must cite record evidence with a pin cite or may be disregarded.

Chief Judge Bumb requires strict compliance with Federal Rule of Civil Procedure 56 and Local Civil Rule 56.1 in seeking or opposing summary judgment. A motion for summary judgment must be accompanied by a separately filed statement of material facts. 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.

Applies to

Responsive statement of material facts

Opposing parties must file a responsive statement of material facts addressing each paragraph as disputed or undisputed, with record citations, and without legal argument.

If a summary judgment motion is opposed, the opposing party shall set forth, in a separately filed 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. The opposing party shall not include legal argument or extraneous detail outside the scope of the moving party’s statement.

Applies to

Submission

Must include

proposed order

A proposed order must accompany any submission seeking relief.

If any relief is being sought, a proposed order must accompany the party’s submission.

Applies to

Rico case statement

Plaintiffs in RICO cases must file a RICO Case Statement within 30 days of filing the complaint, in accordance with Appendix O of the Local Rules.

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 at: http://www.njd.uscourts.gov/LocalRules.html.

Applies to

Jury questionnaire

Counsel must confer and submit a joint jury questionnaire 3 weeks before trial in hard copy plus a USB drive with a Word electronic version; contested questions submitted at the same time.

Counsel for all parties must confer with each other prior to trial and submit a joint jury questionnaire three (3) weeks before trial in hard copy form, accompanied by a USB drive containing an electronic version of the questionnaire, in Word format. Any additional or contested proposed questions that could not be agreed upon by the parties should be submitted by the propounding party to the Court at the same time. Exceptions to this rule must be approved by the Court. Failure to adhere to this rule may result in an adjournment of the trial with imposition of attorneys’ fees and costs to the offending party(ies).

Applies to

Jury charges

Jury charge submissions must delineate charges for before trial and at close of trial, and cite applicable authority for each proposed 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. Counsel shall cite to the applicable authority for each proposed charge.

Applies to

Exhibit list

Parties must submit pre-marked exhibit lists and witness lists (with city and state addresses only); all trial exhibits must be pre-marked per the exhibit list.

Each party shall submit a list of pre-marked exhibits and a witness list, including the name and address (city and state only) of each potential witness, one (1) week prior to trial. All trial exhibits must be pre-marked in accordance with each party's exhibit list.

Applies to

Trial brief

Must include

legal argument, citation to authorities

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

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.

Applies to

Pleading

Must include

citizenship of members

Unincorporated business organizations are citizens of all states where their members/partners are citizens for diversity jurisdiction purposes.

Limited liability companies, limited partnerships, and general partnerships are unincorporated business organizations. For the purposes of subject-matter jurisdiction pursuant to 28 U.S.C. § 1332 — commonly known as diversity jurisdiction — in a civil action, unincorporated business organizations are deemed to be citizens of all states in which all of their members and/or partners are citizens, and not simply the states in which they were formed or have their principal places of business.

Applies to

Pleading

Must include

citizenship of members, tracing of unincorporated entities

Must plead names and citizenships of all members/partners, tracing through layers of unincorporated entities.

When diversity jurisdiction is asserted in an action, and when a party is an unincorporated business organization, the Court expects the following for purposes of determining the citizenship of that unincorporated business organization: (a) The name and citizenship of each member (including managing managing partners, general partners, and limited partners) of that unincorporated business organization must be specifically pleaded; and (b) When a member and/or a partner thereof is itself an unincorporated business organization, the citizenship of that member and/or that partner must be traced and analyzed accordingly.

Applies to

Rico case statement

Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

In all matters in which the complaint contains a RICO claim, pursuant to 18 U.S.C. §§ 1961—1968, plaintiff(s) must file a RICO Case Statement within 30 days of filing the complaint, in accordance with Appendix O of the Local Civil Rules & Appendices found at: https://www.njd.uscourts.gov/local-rules-and-appendices.

Applies to

Brief

Must include

statement of facts

Summary judgment briefs must include a detailed statement of facts, not incorporate LR 56.1 statements by reference.

Parties may not incorporate by reference, in their briefs, their numbered statements of material facts (L.Civ.R. 56.1(a)) or responses thereto as a substitute for a statement of facts. In other words, briefs submitted as to motions for summary judgment must include a detailed statement of facts.

Applies to

Motion to seal

Must include

proposed order

Motions to seal must comply with Local Civil Rule 5.3(c) and include a proposed order and proposed findings of fact and conclusions of law.

A motion to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law.

Applies to

Proposed order

The proposed order for a motion to seal must reference the docket entries to be sealed.

The proposed order must include reference to the docket entries the party seeks to seal.

Applies to

Motion to seal

Must include

certificate of conference

Movant must certify whether all parties consent to the motion to seal.

Counsel shall make every effort to secure the consent of all parties regarding the motion to seal, and the movant shall certify in support of the motion whether all parties consent.

Applies to

Letter

Waiver letters for summary judgment motions in ANDA patent cases must include the basis, citations, and issues to be resolved.

The letter must set forth the basis for the proposed motion for summary judgment, with citations to relevant authority, and the issue(s) expected to be resolved by the motion.

Applies to

Correspondence

Must include

contemporaneous copies to all litigants

Must send contemporaneous copies to all litigants

All litigants should be sent a contemporaneous copy of all correspondence sent to the Court.

Applies to

Written request to court

Must include

situation description, specific relief sought, opposing party position

Written requests to court must include situation, opposing party position, and specific relief

Any written communication requesting action by the Court on any subject should include at a minimum: (1) a very brief description of the situation requiring the Court’s attention; (2) the position of the opposing party(ies) (i.e., consent or opposition); and (3) the specific relief sought.

Applies to

Motion

Must include

citation support

All important factual assertions must be supported by pinpoint citations.

Every factual assertion considered by the submitting litigant to be important to that litigant's position in a motion, opposition, or brief must be supported by citation or other specific reference to the record where that fact may be found. Legal and record citations must be 'pinpoint cites.'

Applies to

Summary judgment motion

Must include

statement of material facts

Summary judgment motions require statement of undisputed material facts.

On motions for summary judgment, the movant shall furnish a statement which sets forth material facts as to which there does not exist a genuine issue, in separately numbered submitted in support of the motion. A motion for summary judgment unaccompanied by a statement of material facts not in dispute shall be dismissed.

Applies to

Summary judgment opposition

Must include

response to material facts

Opposition to summary judgment must respond to each factual assertion.

A litigant opposing summary judgment must state in similar paragraph form whether that litigant agrees or disagrees that the fact(s) as stated by the moving litigant are undisputed. If a litigant contends that a fact is in dispute, citation must be made to the record evidence that supports the litigant’s view of that particular fact. Failure to address the moving party’s factual contentions in this manner will lead to the Court’s consideration of the moving party’s factual assertion(s) as undisputed.

Applies to

Troc

Must include

proposed findings conclusions

TRO/injunction hearings require proposed findings and conclusions.

Submission of proposed findings of fact and conclusions of law for TRO and injunction hearings will be required. The time for submission of these items will be set at the pre-hearing conference.

Applies to

Bench book

Submit 3 copies of bench book of trial exhibits; update 2 copies in courtroom at 4:30 pm if exhibits change.

Litigants shall also submit three (3) copies of the bench book of trial exhibits, unless otherwise advised by Chambers. The Courtroom Deputy will use the originals. However, during the course of trial, if litigants change exhibit tabs or add new exhibits, litigants must update two copies that will be left in the Courtroom at 4:30 pm. These copies are for the Judge and the Law Clerk assigned to the trial.

Applies to

Neutral statement of facts

Submit combined neutral statement of facts in column format showing plaintiff and defendant proposals.

The litigants should submit a short proposed statement of the case that the Court will read during jury selection as part of the Court’s initial statements. Any disagreements by the litigants should be submitted in column form. The column on the left will contain Plaintiff’s (or the Prosecution’s) proposals. The column on the right will contain the Defendant’s proposals.

Applies to

Jury instructions and verdict sheet

Submit combined jury instructions and verdict sheet with disagreements shown in columns.

Instead of separate submissions from the litigants, Judge Salas requires one combined submission, identifying any areas of disagreement. Where the litigants are unable to agree, the submission should be split into two columns as discussed above.

Applies to

Jury instructions

Model jury instructions must indicate if unchanged or modified; modifications must underline additions and bracket deletions.

If a model jury instruction is submitted, for instance, from the Third Circuit Model Instructions at http://www.ca3.usCourts.gov/modeljuryinstructions.htm, Devitt & Blackmar, Federal Jury Practice and Instructions, or Sand, Modern Federal Jury Instructions, the submitting litigant shall state whether the proposed jury instruction is unchanged or modified. If a litigant modifies a model jury instruction, additions should be underlined and deletions placed in brackets.

Applies to

Jury instructions

Must include

no note taking

Juror note-taking prohibited.

Judge Salas does not permit jurors to take notes.

Applies to

Jury instructions

Must include

no juror questions

Juror questions to witnesses prohibited.

Judge Salas does not permit jurors to submit questions to the Court to be posed to a witness.

Applies to

Trial brief

Trial briefs must be submitted no later than 45 days before trial.

Generally, Judge Salas requires the submission of trial briefs no later than forty-five (45) days before trial.

Applies to

In limine motion

In limine motions are typically due 45 days before trial.

Submission dates for in limine motions are set during the initial telephone conference with Judge Salas following the Magistrate Judge’s final pretrial conference. Typically, in limine motions are due forty-five (45) days before trial.

Applies to

Exhibit admission

Must include

admission before testimony

Witnesses may not testify about exhibit content until it is admitted into evidence.

Generally, unless the litigants have an agreement as to the admissibility of a proposed exhibit, a witness may not testify as to its content until it has been admitted into evidence.

Applies to

Trial preparation

Must include

deposition usage

Depositions must be used for essential witnesses who may be unavailable at trial.

Because a witness may be unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(3), the Court expects oral or videotaped depositions to be used at trial for any witness whose testimony a litigant believes essential to the presentation of that litigant’s case, whether the witness is a party, a non-party, or an expert. The unavailability of such witness will not be a ground to delay the commencement or progress of trial.

Applies to

Trial preparation

Must include

lay witness disclosure

Lay witness opinion testimony requires same disclosure as expert witnesses.

Any litigant expecting to offer opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701 with respect to issues of liability or damages shall, at the time required for submission of expert reports, serve the opposing litigants with the same information and/or documents required with respect to such expert witnesses.

Applies to

Trial exhibits

Must include

jury room availability

Exhibits generally available to jury unless good cause shown.

Unless good cause is shown, Judge Salas will permit all exhibits containing substantive or real evidence to be available to the jury for deliberation. Litigants should confer with each other as to which exhibits should go into the jury room. Before deliberation, litigants will confer with the Courtroom Deputy to confirm which exhibits including demonstratives (and which versions of exhibits) will go into the jury room.

Applies to

Trial availability

Must include

courthouse presence

Litigants must remain near courthouse during jury deliberations.

Unless excused by the Court, litigants should remain in the Courthouse during jury deliberations, and, in any event, be no more than 10 minutes away from the Courthouse.

Applies to

Sentencing memorandum

Must include

certificate of service

Moving submissions must be served to Court at least 10 business days before sentencing.

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, in accordance with the procedures set forth in subsection ii below, no fewer than ten (10) business days prior to the sentencing date.

Applies to

Sentencing memorandum

Must include

certificate of service

Responsive submissions must be served to Court at least 5 business days before sentencing.

The responsive party’s submission (a “Responsive Submission”) to any related motions... no fewer than five (5) business days prior to the sentencing date.

Applies to

Sentencing memorandum

Must include

certificate of service

Sentencing materials must be submitted directly to Court and copied to counsel and probation department.

All sentencing memoranda, along with all supporting exhibits and correspondence (collectively, the “Sentencing Materials”), shall be submitted directly to the Court. The submitting party is also expected to furnish copies to all Counsel of Record and the United States Probation Department.

Applies to

Sentencing memorandum

Must include

notice of electronic filing

Submission Notice must be filed on CM/ECF, but memorandum itself need not be.

Although the submitting party is not required to file its memorandum on the Court’s CM/ECF system, the submitting party is required to file a notice via CM/ECF (a “Submission Notice”) on the form prescribed by the Clerk of the Court.

Applies to

Sentencing memorandum

Public/press must file Request for Disclosure within 48 hours of Submission Notice.

Any interested member of the public or press who wishes to obtain a copy of the Sentencing Materials (a “Requestor”) must make a Request for Disclosure on a form prescribed by the Clerk of the Court within 48 hours of receiving the Submission Notice.

Applies to

Pretrial order

Must include

local rule certificate

Parties must consult Judge Salas's General Pretrial and Trial Procedures before submitting this document.

Before submitting this document, the parties are to consult “JUDGE ESTHER SALAS’S GENERAL PRETRIAL AND TRIAL PROCEDURES.”

Applies to

Pretrial submissions

Pretrial submissions in paragraphs 2, 18, and 19 must be filed 45 days before trial or will be waived.

the pretrial submissions detailed in ¶¶ 2, 18 and 19 below are to be submitted no later than forty-five (45) days prior to trial (or as otherwise ordered by the Court) or they will be deemed waived;

Applies to

Trial brief

Must include

citation to authorities, arguments in support of position

Trial brief or memorandum required under Local Civil Rule 7.2 for non-jury trials

Each side shall submit to the Court and opposing counsel a trial brief or memorandum in accordance with Local Civil Rule 7.2 with citation to authorities and arguments in support of its position on all disputed issues of law.

Applies to

Proposed findings conclusions

Must include

specific reference to evidence

Proposed findings of fact and conclusions of law required within one week after non-jury trial

Following a non-jury trial, proposed findings of fact and conclusions of law must be submitted to the Court within one week of the close of trial (or as otherwise ordered by the Court). Submitting litigants must include specific reference to testimonial or documentary evidence in support of the proposals.

Applies to

Bench book

Must include

exhibits

Three copies of bench book with exhibits required

Additionally, the parties must prepare three copies of the bench book containing the exhibits that they expect to use.

Applies to

Motion for summary judgment

Summary judgment fact assertions must include pinpoint citations to the record to be considered.

Additionally, the Court will not consider any assertion of a fact that is not supported by a pinpoint citation to the record.

Applies to

Court filing

Must include

ai disclosure

Any court filing using generative AI must include a mandatory certification confirming human review for accuracy and applicability, with non-compliance risking sanctions including filing striking or bar referral.

The use of any GAI (e.g., OpenAI’s ChatGPT, Google’s Gemini, or any legal tools leveraging GAI) in any court filings requires a mandatory certification that the GAI work product was diligently reviewed by a human being for accuracy and applicability. This review should include, but not be limited to, correcting errors and eliminating hallucinations. A failure to comply with this requirement may result in sanctions, such as the filing being stricken, and/or a referral to a bar disciplinary committee.

Applies to

Notice of appearance

Notice of appearance must be filed before participating in a telephone conference.

Counsel should file a notice of appearance prior to appearing at a telephone conference or they will not be permitted to speak.

Applies to

Motion for summary judgment

Must include

local rule certificate

Movant must file a 56.1 statement of material facts with separately numbered paragraphs and record citations, or motion will be dismissed.

On motions for summary judgment, the movant shall furnish a statement which sets forth material facts as to which there does not exist a genuine issue, in separately numbered paragraphs citing to the affidavits and other documents submitted in support of the motion. A motion for summary judgment unaccompanied by a statement of material facts not in dispute shall be dismissed.

Applies to

Opposition to summary judgment

Must include

local rule certificate

Opposing party must file responsive 56.1 statement, or moving party’s facts will be deemed undisputed.

A litigant opposing summary judgment must submit a responsive statement of facts, repeating the facts alleged to not be in dispute, and indicating agreement or disagreement and, if not agreed, stating each material fact in dispute and citing to record evidence in support. Failure to address the moving party’s factual contentions in this manner will lead to the Court’s consideration of the moving party’s factual assertion(s) as undisputed.

Applies to

Summary judgment papers

Litigants must provide an index of exhibits accompanying summary judgment papers, including docket entry locations and exhibit names.

After filing their summary judgment papers, litigants should provide an index detailing what exhibits accompany their filings and where those exists are filed on the docket. For example, if D.E. 75-6 contains Exhibits AA–CC and GG–JJ, and D.E. 75-7 contains Exhibits DD–FF, the litigants’ index should provide this information, along with the names of each exhibit as they are referred to in the parties’ papers.

Applies to

Emergent relief motion

Must include

certificate of conference

Emergent relief motions must detail prior efforts to resolve issue with opposing party, unless true emergency.

When seeking emergent relief, the parties must, absent a true emergency, detail their prior efforts to address the issue with the other litigant(s) and serve the papers upon them.

Applies to

Proposed findings conclusions

Must include

proposed findings conclusions

Proposed findings of fact and conclusions of law required for TRO and injunction hearings, timing set at pre-hearing conference.

Submission of proposed findings of fact and conclusions of law for temporary restraining order (“TRO”) and injunction hearings will be required. The time for submission of these items will be set at the pre-hearing conference.

Applies to

Neutral statement of facts

Litigants must submit a combined neutral statement of facts with disagreements split into two columns (Plaintiff/Prosecution left, Defendant right).

The litigants should submit a short proposed statement of the case that the Court will read during jury selection as part of the Court’s initial statements. Any disagreements by the litigants should be submitted in column form. The column on the left will contain Plaintiff’s (or the Prosecution’s) proposals. The column on the right will contain the Defendant’s proposals.

Applies to

Proposed jury instructions

Proposed jury instructions, final jury instructions, and verdict sheets must be combined submissions with disagreements split into two columns.

Instead of separate submissions from the litigants, Judge Padin requires one combined submission, identifying any areas of disagreement. Where the litigants are unable to agree, the submission should be split into two columns as discussed above.

Applies to

Voir dire questions

Voir dire questions must be submitted as a single combined document identifying disputed questions, using a format similar to the example provided by the Court.

Ordinarily, Judge Padin will conduct voir dire. Instead of separate submissions from the litigants, Judge Padin requires one combined submission, identifying any questions in dispute. The Court will, upon request, provide an example of voir dire questions that were used during a recent trial. Litigants should utilize a similar format in crafting the proposed voir dire question for their case.

Applies to

Extension request

Must include

notice of electronic filing

Extension requests must be filed via CM/ECF.

All requests for extensions shall be filed via CM/ECF.

Applies to

Pleading

Must include

notice of electronic filing

All pleadings, motions, and letters must be filed via CM/ECF.

All pleadings, motions, and letters to the Court (except for confidential settlement position letters) must be filed via CM/ECF.

Applies to

Extension request

Must include

consent indication

Extension/adjournment requests must indicate party consent.

Any requests for extensions or adjournments shall indicate whether all parties consent.

Applies to

Pro se filing

Pro se parties must file directly with clerk's office.

Parties appearing pro se must file all documents, applications, and motions directly with the Clerk’s Office.

Applies to

Exhibit index

Must include

case number, witness identification, exhibits not in evidence

Exhibit index required 3 weeks before trial with witness identification.

At least three weeks before the start of trial, counsel for all parties must submit an exhibit index. The list must identify the witness through which each exhibit will be introduced. Counsel must also denote exhibits that will be marked for identification but not moved into evidence.

Applies to

Deposition designations

Must include

evidentiary objections

Deposition designations and objections due 2 weeks before trial.

If a party anticipates introducing deposition testimony at trial, then such deposition designations, and any evidentiary objections thereto, must be submitted to the Court no later than two weeks before trial.

Applies to

Joint trial exhibit list

Must include

exhibit list

Parties must prepare a joint trial exhibit list with three columns and three copies of a bench book with pre-marked exhibits.

The parties shall prepare a joint trial exhibit list containing a description of all exhibits. The list shall be divided into three columns: the first column will identify the exhibit; the second column will state the opponent's objection and contain a short statement citing the relevant rule and/or concept that supports the objection; the third column will contain the proponent's rationale for admissibility. The exhibits themselves are to be pre-marked and must include exhibit stickers. Additionally, the parties must prepare three copies of the bench book containing the exhibits that they expect to use.

Applies to

Trial brief

Must include

local rule certificate

Each side must submit a trial brief or memorandum per Local Civil Rule 7.2.

Each side shall submit to the Court and opposing counsel a trial brief or memorandum in accordance with Local Civil Rule 7.2 with citation to authorities and arguments in support of its position on all disputed issues of law.

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law must be submitted within one week of trial close with evidence references.

Following a non-jury trial, proposed findings of fact and conclusions of law must be submitted to the Court within one week of the close of trial (or as otherwise ordered by the Court). Submitting litigants must include specific reference to testimonial or documentary evidence in support of the proposals.

Applies to

Pretrial order

Amendments to the pretrial order require good cause; the Court may schedule conferences as needed.

AMENDMENTS TO THIS PRETRIAL ORDER WILL GENERALLY NOT BE PERMITTED ABSENT GOOD CAUSE SHOWN. THE COURT MAY FROM TIME TO TIME SCHEDULE CONFERENCES AS MAY BE REQUIRED EITHER ON ITS OWN MOTION OR AT THE REQUEST OF COUNSEL.

Applies to

Joint statement undisputed material facts

Joint statement of undisputed material facts required after filing summary judgment motions.

After the filing of motions for summary judgment, Judge Choe-Groves requires a joint statement of undisputed material facts that reflects those facts on which the Parties agree.

Applies to

Joint claim construction chart

Joint claim construction chart required after filing Markman briefs.

After the filing of Markman briefs, Judge Choe-Groves requires a joint claim construction chart that reflects the claim constructions on which the Parties disagree.

Applies to

Motion

Motions to amend scheduling orders must include a table of remaining events with current and requested deadlines.

5. All motions requesting an amendment to an existing scheduling order shall include a table reflecting all remaining events, the current deadlines for each of those events, and the requested new deadlines for each of those events. The table shall be formatted as follows:

Applies to

Submission

Must include

ai disclosure

Submissions containing AI-drafted text must include an AI disclosure notice, accuracy certification, and confidentiality certification.

ORDERED that any submission in a case assigned to Judge Choe-Groves that contains text drafted with the assistance of a generative AI program on the basis of natural language prompts must be accompanied by: (1) A disclosure notice that identifies the program used, the manner in which it was used, and the specific portions of text that have been drafted; (2) A certification that counsel or the party has reviewed the included text and legal research for factual and legal accuracy; and (3) A certification that the use of such AI program has not resulted in the unauthorized disclosure of any confidential or business proprietary information;

Applies to

Brief

Pinpoint citations required in all briefing, letters, and concise statements of facts; unsupported assertions will be ignored.

Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.

Applies to

Motion

Must include

proposed order

A proposed order must be submitted with an application for a protective order.

Should the Parties find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the

Applies to

Invalidity contentions

Invalidity Contentions must identify prior art with details, provide anticipation/obviousness analysis, include a claim chart, and state invalidity grounds under sections 101, 112(a), and 112(b).

item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identities of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s); b. Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness; c. A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation that such Party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; and d. Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description under 35 U.S.C. § 112(a) of any of the asserted claims.

Applies to

Brief

Each brief must include a certification of compliance with word count limitations.

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.

Applies to

Joint claim construction brief

Parties must file a Joint Claim Construction Brief by the deadline, with specific structure combining positions on each claim term; extension of the deadline presumptively results in loss of the claim construction hearing date.

No later than [DATE], the parties shall file a Joint Claim Construction Brief. (Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court’s granting the extension.) The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Applies to

Declaration

Declarations must not contain legal argument or circumvent word limits.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Applies to

In limine request

Motions in limine must not be filed separately; all requests and responses must be included in the proposed pretrial order.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Applies to

Document production accompanying invalidity contentions

The party opposing infringement must produce source code, specifications, prior art copies, and English translations with invalidity contentions; source code inspection must be completed at least two weeks before final infringement contentions.

6. Document Production Accompanying Invalidity Contentions. With the Invalidity Contentions, the Party opposing a claim of patent infringement shall produce or make available for inspection and copying: a. Source code1, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant in its chart produced pursuant to paragraph 3(c) of this Order; b. A copy or sample of the prior art identified pursuant to paragraph 5(a) that does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced; 1 The parties may mutually agree on a later date for source code inspection, so long as the inspection is completed at least two (2) weeks prior to the due date for the final infringement contentions, set forth in the table at the conclusion of this Order.

Applies to

Brief

Must include

local rule certificate

Each claim construction brief must include a certification of compliance with word count limitations.

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.

Applies to

Motion

Motion for Claim Construction must use specific language and contain no argument.

Each Party shall file concurrently with the Joint Claim Construction Chart a 'Motion for Claim Construction' that requests the Court to adopt the claim construction position(s) of that Party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the Party 'requests that the Court adopt the claim construction position[s] of [the Party] set forth in the Joint Claim Construction Chart (D.I. [ ]).'

Applies to

Exhibits

Joint Claim Construction Chart must identify disputed terms, each party's proposed construction with intrinsic evidence citations, and be accompanied by text-searchable PDFs of the patents; no argument allowed.

The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue and should include each Party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.

Applies to

Joint claim construction brief

Joint Claim Construction Brief and Joint Appendix must comply with paragraph 10 of the Order.

The Joint Claim Construction Brief and Joint Appendix shall comply with paragraph 10 of this Order.

Applies to

Letter

A letter must be filed with the Amended Joint Claim Construction Chart identifying participants, method, and duration of the meet and confer.

The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

Applies to

Summary judgment motion

Multiple summary judgment motions must be numbered in order of desired consideration; denial of one motion may halt review of subsequent motions.

A Party that files more than one summary judgment motion shall number each motion to make clear the order in which the Party wishes the Court to consider the motions in question. The first motion the Party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on. The Court will review the Party’s summary judgment motions in the order designated by the Party. If the Court decides to deny a motion filed by the Party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further summary judgment motions filed by the Party.

Applies to

Daubert motion

Multiple Daubert motions must be numbered in order of desired consideration; denial may halt review of further motions; failure to cross-examine after denial may reduce trial time.

A Party that files more than one Daubert motion shall number each motion to make clear the order in which the Party wishes the Court to consider the motions in question. The first motion the Party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on. The Court will review the Party’s Daubert motions in the order designated by the Party. If the Court decides to deny a motion filed by the Party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further Daubert motions filed by the Party. If the Court denies a Daubert motion and the Party that brought the motion does not cross-examine the expert witness at trial about the matters raised in the Daubert motion, the Court will reduce by an appropriate amount the time allotted to that Party at trial.

Applies to

Summary judgment motion

Each summary judgment motion must be accompanied by a separate concise statement of material facts.

Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving Party contends that there are no genuine issues to be tried that are essential for the Court’s determination of the summary judgment motion (not the entire case). A Party must submit a separate concise statement of facts for each summary judgment motion.

Applies to

Concise statement

Must include

local rule certificate

Each concise statement must include a certification of compliance with typeface and word count limits.

Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above.

Applies to

Concise statement

Affidavits, declarations, and exhibits must be attached to the concise statement, not to briefs.

Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).

Applies to

Motion in limine

Motions in limine must not be filed separately; all requests and responses must be included in the proposed pretrial order.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Applies to

Jury deliberation exhibits

Must include

pre deliberation conference with courtroom deputy

Parties must confer with Courtroom Deputy before jury deliberation.

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.

Applies to

Motion

Must include

proposed order

Proposed order required with any motion seeking relief.

If any relief is being sought, a proposed order must accompany the CM/ECF filing.

Applies to

Rico case statement

Must include

caption, case number

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.

Applies to

Summary judgment motion

Must include

statement of material facts

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.

Applies to

Opposition to summary judgment

Must include

response to material facts

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.

Applies to

Default judgment motion

Must include

brief addressing elements

Default judgment motions must include brief addressing all required elements.

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.

Applies to

Joint letter for oral argument

Must include

order of presentation, division of argument time

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.

Applies to

Responsive papers

Responsive papers must be submitted at least 3 weeks before trial.

Any responsive papers shall be submitted at least three (3) weeks before the start of trial.

Applies to

Exhibits

Must include

daily consultation with courtroom deputy

Parties must consult with Courtroom Deputy daily about exhibits.

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.

Applies to

Pre trial submissions

Must include

hard copy, electronic version

Pre-trial submissions due 4 weeks before trial in hard copy and electronic format.

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:

Applies to

Jury charge

Must include

citations in footnotes

Jury charges must include citations in footnotes.

Each proposed charge shall include citations to the applicable authority using footnotes.

Applies to

Jury charge

Must include

timing specification, joint preliminary statement

Counsel must specify which charges to give before and after trial.

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.

Applies to

Jury deliberation exhibit list

Must include

revised list required, non argumentative description, exhibit number and brief description

Parties must provide revised exhibit list for jury room.

Parties shall provide a revised list of all exhibits in evidence (and no others) stating the exhibit number and a brief, non-argumentative description.

Applies to

Sentencing memorandum

Must include

ecf notice, email submission, copies to counsel +1 more

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.

Applies to

In limine motion

In limine motions due 3 weeks before trial; responsive papers due 2 weeks before trial.

Once the joint final pretrial order has been filed in a civil case, each party shall submit any in limine motions at least three weeks before the start of trial. Any responsive papers shall be submitted at least two weeks before the start of trial.

Applies to

Jury questionnaire

Must include

joint submission

Joint jury questionnaire (hard copy + email) due 3 weeks before trial.

Counsel for all parties must confer with each other prior to trial and submit a joint jury questionnaire three weeks before trial in hard copy form and via email (njdnef_Williams@njd.uscourts.gov). Any additional proposed questions that could not be agreed upon should be submitted by the propounding party to the Court at the same time.

Applies to

Jury charges

Must include

joint submission

Joint jury charges (Word format + email) due 2 weeks before trial.

Counsel for all parties must confer with each other prior to trial and submit joint requests to charge two weeks before trial in hard copy form and via email (njdnef_Williams@njd.uscourts.gov) in Word format. Any additional proposed charges that could not be agreed upon should be submitted by the propounding party to the Court at the same time.

Applies to

Verdict sheet

Must include

joint submission

Joint verdict sheet (Word format + email) due 2 weeks before trial.

Counsel for all parties must confer with each other prior to trial and submit a joint verdict sheet two weeks before trial in hard copy form and via email (njdnef_Williams@njd.uscourts.gov) in Word format. If counsel cannot agree on a joint verdict sheet, counsel shall separately submit proposed verdict sheets in the same manner.

Applies to

Exhibits

Must include

ipad access, server upload, digitization required

All trial exhibits must be digitized and uploaded to dedicated server.

All parties are required in advance of trial to digitize all evidence expected to be used at trial. When introduced into evidence, the exhibit is downloaded onto a dedicated server. During deliberations each juror will review the admitted evidence with an iPad which can only access the dedicated server.

Applies to

Letter

Movant must file certification letter within 7 days of meet and confer, confirming meet and confer occurred, not merely unavailability or reasonable efforts.

If the matter remains unresolved following the parties’ meet and confer, the movant must file, within seven (7) days of the meet and confer, a letter certifying that the parties met and conferred regarding the issues and substance of the movant’s letter, consistent with the above. It is not sufficient to report that either party was unavailable or that the parties made “reasonable efforts.”

Required

Always

Applies to

Motion

Must include

certificate of conference

Counsel in bankruptcy, social security, and habeas appeals must seek consent for motions, certify consent in the motion, and submit stipulations for unopposed relief, exempting pro se cases.

In civil cases in which no magistrate judge is assigned (generally, bankruptcy appeals, social security appeals, and habeas corpus actions), before filing a motion or request, counsel shall confer with all parties in a reasonable and meaningful attempt to secure consent in the relief sought. Counsel shall certify in their motion that opposing counsel’s consent was sought (or provide the reasons the movant was unable to seek consent) and whether consent was obtained, particularly whether the motion is unopposed. In particular, counsel shall make every effort to secure the consent of all parties regarding requests to seal, requests for pro hac vice admission, and requests for extensions or adjournments of time. See infra Section (I)(F). If the requested relief is unopposed, the parties should submit a stipulation and order, consent order, or joint letter in lieu of a motion. Unless the Court directs otherwise, this Section does not apply in cases in which either side is pro se.

Applies to

Notice of motion

Parties must mark the first page of notices of motion and briefs if a junior attorney will present the argument.

Therefore, consistent with Local Rule 78.1, a party shall clearly mark on the first page of the notice of notice and/or the brief that a junior attorney will present the argument.

Applies to

Motion

Must include

proposed order

Filings seeking relief must include a proposed order in text-searchable PDF format.

If any relief is being sought, the CM/ECF filing must be accompanied by a proposed order in text-searchable PDF format.

Applies to

Extension request

Must include

proposed order

Extension requests must include a proposed order.

The request shall indicate the current and proposed dates and include a proposed form of order.

Applies to

Motion to amend

Motions to amend must attach a blacklined or redlined proposed amended complaint showing the proposed changes.

Motions to amend pleadings must include as an exhibit a black- or red-lined proposed amended complaint, which clearly indicates the proposed changes.

Applies to

Motion to seal

Must include

proposed order

The sealing-related motion/request must include a proposed order and proposed findings of fact and conclusions of law.

must include a proposed order and proposed findings of fact and conclusions of law.

Applies to

Proposed confidentiality order

If parties submit a confidentiality order differing from Appendix S, they must provide a clean signature-ready proposed order.

(1) a clean version of the proposed order that is ready for signature,

Applies to

Proposed confidentiality order

If parties submit a non-Appendix S confidentiality order, they must also submit a marked comparison copy showing deletions and additions.

(2) an additional version that shall indicate in what respect(s) it differs from Appendix S by bracketing or striking through materials to be deleted and underlining materials to be added.

Applies to

Pro hac vice application

Must include

local rule certificate

A consent-based pro hac vice application must include a consent letter and required certifications, including local counsel's Local Rule 101.1(c) certification.

The application must contain a letter indicating consent, a certification of admission and good standing, and a certification of local counsel stating that counsel shall comply with Local Civil Rule 101.1(c).

Applies to

Pro hac vice application

Must include

proposed order

Pro hac vice applications must include a proposed order.

A proposed form of order must be submitted.

Applies to

Discovery extension request

Must include

proposed order

Discovery extension or amended scheduling requests must include a proposed order.

Any such request shall include a proposed order.

Applies to

Joint discovery dispute letter

The joint discovery dispute letter must include specified content items, including positions of both sides and meet-and-confer efforts.

a) the request; b) the response; c) efforts to resolve the dispute; d) the position of the complaining party; e) the position of the responding party; and, if applicable, f) the efforts of a party to contact a non-responsive party to meet and confer and submit the joint letter.

Applies to

Settlement memorandum

Each party must submit a confidential settlement memorandum before the settlement conference.

Each party shall submit, by email to AME_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than five double-spaced pages no later than five business days before the conference.

Applies to

Joint proposed final pretrial order

Parties must submit a joint proposed final pretrial order before the final pretrial conference.

The parties shall submit, by email and regular mail, a copy of the joint proposed final pretrial order no later than five business days before the conference.

Applies to

Motion to amend

Must include

black redlined proposed amended complaint

Motions to amend must include black/red-lined proposed amended complaint; failure results in administrative termination.

Pursuant to Local Civil Rule 15.1, motions to amend pleadings must include as an exhibit a black- or red-lined proposed amended complaint, which clearly indicates the proposed changes. Failure to do so will result in administrative termination of the motion.

Applies to

Motion

Must include

proposed order, proposed findings conclusions

Motions must include proposed order and proposed findings of fact and conclusions of law; failure to comply results in administrative termination.

must include a proposed order and proposed findings of fact and conclusions of law. Failure to comply with Local Civil Rule 5.3(c) will result in administrative termination of the motion.

Applies to

Pro hac vice application

Must include

consent letter, proposed order, certification of local counsel +1 more

Pro hac vice applications on consent require informal CM/ECF filing with consent letter, admission certification, local counsel certification, and proposed order; if not consented, proceed by motion.

If admission pro hac vice is sought on consent, the request should be made by informal application filed on CM/ECF. The application must contain a letter indicating consent, a certification of admission and good standing, and a certification of local counsel stating that counsel shall comply with Local Civil Rule 101.1(c). A proposed form of order must be submitted. If not consented, the party making the application must proceed by motion.

Applies to

Extension request

Must include

current dates, consent status, proposed dates +1 more

Extension/amended scheduling order requests must indicate current/proposed dates, consent status, and include proposed order.

Any request for an extension or an amended scheduling order shall indicate the current and proposed dates as well as whether the request is made on consent. Any such request shall include a proposed order.

Applies to

Discovery dispute joint letter

Must include

request, response, efforts to resolve dispute +3 more

Discovery disputes must follow Local Rules 16.1 and 37.1; unresolved disputes brought via joint letter (max 5 pages) with specific content requirements.

Discovery disputes shall proceed in accordance with Local Rules 16.1 and 37.1. Should counsel fail in their good faith efforts to resolve the dispute by conferring pursuant to Rule 37.1, the matter shall be brought to the Court's attention via a joint letter, not to exceed five pages, that sets forth: a) the request; b) the response; c) efforts to resolve the dispute; d) the position of the complaining party; e) the position of the responding party; and, if applicable, f) the efforts of a party to contact a non-responsive party to meet and confer and submit the joint letter.

Applies to

Joint proposed final pretrial order

Must include

notice of electronic filing

Joint proposed final pretrial order due 5 business days before conference.

The parties shall submit, by email and regular mail, a copy of the joint proposed final pretrial order no later than five business days before the conference.

Applies to

Extension request

Must include

proposed order

Extension requests must include current and proposed dates, a proposed order, and note whether consent was obtained.

The request shall indicate the current and proposed dates and include a proposed form of order. Counsel should endeavor to seek the consent of all parties prior to making such requests and must note in the request whether consent has been obtained.

Applies to

Motion to amend

Motions to amend must include a black- or red-lined proposed amended complaint showing changes.

Pursuant to Local Civil Rule 15.1, motions to amend pleadings must include as an exhibit a black- or red-lined proposed amended complaint, which clearly indicates the proposed changes. Failure to do so will result in administrative termination of the motion.

Applies to

Motion to seal

Must include

proposed order

Motions to seal must comply with Local Rule 5.3(c) and include a proposed order and proposed findings of fact and conclusions of law.

Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. Failure to comply with Local Civil Rule 5.3(c) will result in administrative termination of the motion.

Applies to

Pro hac vice application

Must include

proposed order

Pro hac vice applications on consent must include consent letter, certifications, and proposed order; if not consented, proceed by motion.

If admission pro hac vice is sought on consent, the request should be made by informal application filed on CM/ECF. The application must contain a letter indicating consent, a certification of admission and good standing, and a certification of local counsel stating that counsel shall comply with Local Civil Rule 101.1(c). A proposed form of order must be submitted. If not consented, the party making the application must proceed by motion.

Applies to

Discovery extension request

Must include

proposed order

Discovery extension requests must include current and proposed dates, consent note, and proposed order.

Any request for an extension or an amended scheduling order shall indicate the current and proposed dates as well as whether the request is made on consent. Any such request shall include a proposed order.

Applies to

Pro hac vice application

Must include

cover letter, adversary consent

Pro hac vice applications must be emailed to Angela DiAndrea with consent letter.

Applications for admission pro hac vice shall comply with L.Civ.R. 101.1(c) and shall be emailed, along with a cover letter advising the court whether there is adversary consent, to courtroom deputy Angela DiAndrea at Angela_DiAndrea@njd.uscourts.gov.

Applies to

Trial submission

Must include

trial brief, requests to charge, pre marked exhibit list +3 more

Trial submissions due 10 days before trial via email to Angela DiAndrea.

Trial Submissions. Trial briefs, proposed voir dire questions, proposed jury instructions, lists of pre-marked exhibits (tabs), witness lists including the name and address of each potential witness, and requests to charge should be submitted by counsel at least ten days prior to the commencement of the trial by email to Courtroom Deputy Angela DiAndrea: Angela_DiAndrea@njd.uscourts.gov

Applies to

Pro hac vice application

Pro hac vice applications must include a cover letter advising the court whether there is adversary consent.

Applications for admission pro hac vice shall comply with L.Civ.R. 101.1(c) and shall be emailed, along with a cover letter advising the court whether there is adversary consent, to courtroom deputy Angela DiAndrea at Angela_DiAndrea@njd.uscourts.gov.

Applies to

Settlement memorandum

Must include

case description, mediation history, defenses positions +4 more

Settlement memoranda must include specific required content elements.

Settlement memoranda must include the following: (i) a brief description of the action, the claims and/or counterclaims asserted, and the applicable defenses and/or positions concerning the asserted claims, counterclaims, and/or defenses; (ii) a specific and current demand or offer of settlement addressing all relief or remedies sought; (iii) a brief description of any prior settlement offers, if any, mediation sessions, or mediation efforts; and (iv) a brief delineation of any non-monetary terms and/or conditions necessary for settlement.

Applies to

Settlement conference

Must include

attorney appearance, personal appearance, settlement authority

All parties and representatives with settlement authority must appear in person.

All parties, adjusters for insured defendants, and other party representatives with full and complete settlement authority, as well as the principal attorneys responsible for the litigation, shall appear in person and remain available for the duration of the settlement conference.

Applies to

Settlement conference

Must include

outside counsel, corporate representative

Corporate entities must have both corporate representative and outside counsel present.

As set forth supra, in addition to principal attorneys responsible for the litigation, a party or party representative with full settlement authority must be present for the settlement conference. In the case of a corporate entity, an authorized representative of the corporation, in addition to retained outside counsel, must be present.

Applies to

Request

Must include

proposed order

All requests, including requests to modify a Scheduling Order, must be accompanied by a proposed order.

All requests, including requests to modify a Scheduling Order, should be accompanied by a proposed order.

Applies to

Pretrial order

Must include

exhibit premarking

Exhibits must be physically pre-marked.

Counsel are reminded that each such exhibit shall be physically pre-marked

Applies to

Pretrial order

Must include

hypothetical questions submission

Hypothetical questions for experts must be submitted in writing before trial.

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.

Applies to

Pretrial order

Must include

exhibit list, exhibit objection response

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.

Applies to

Pretrial order

Must include

witness list, objection notation, witness testimony description

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.

Applies to

Pretrial order

Must include

expert list

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.

Applies to

Pretrial order

Must include

expert cv attachment

Expert CVs must be attached to the pretrial order.

Additionally, the curriculum vitae of every expert expected to testify at the time of trial shall be attached to this Final Pretrial Order.

Applies to

Pretrial order

Must include

rule 26a2 information, expert cv distribution

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.

Applies to

Proposed findings of fact

Must include

proposed findings of fact

Proposed findings of fact must be submitted 7 days before trial.

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

Applies to

Trial brief

Must include

citations and authorities, arguments in support of party position

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.

Applies to

Proposed requests for charge

Must include

designation of party, citations of supporting authorities

Jury charge requests must be submitted 7 days before trial with specific formatting.

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.

Applies to

Proposed requests for charge

Proposed requests for charge should be submitted on Work Perfect disk and electronically filed with paper copy.

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.

Applies to

Proposed voir dire questions

Must include

proposed voir dire questions

Proposed voir dire questions must be submitted 7 days before trial.

Each party shall submit to the judge and to opposing counsel proposed voir dire questions.

Applies to

Trial preparation items

Must include

filed before first trial date

All trial preparation items must be filed before the first trial date even if continued.

EACH OF THESE ITEMS IS TO BE FILED PRIOR TO THE FIRST TRIAL DATE EVEN IF THE CASE IS CONTINUED.

Applies to

Motion to amend

Must include

black or redlined proposed amended pleading

Motions to amend must include black/red-lined proposed amended pleading as exhibit; no leave of court required.

Motions to amend a pleading must comply with Local Civil Rule 15.1. Pursuant to the rule, such motions must include as an exhibit a black- or red-lined proposed amended pleading that clearly indicates the proposed changes. Failure to do so may result in administrative termination of the motion. Motions to amend shall not require leave of Court.

Applies to

Discovery plan

Must include

joint discovery plan

Discovery plan must be submitted 5 business days before Initial Scheduling Conference.

At least fourteen (14) days prior to the Initial Scheduling Conference, counsel shall personally meet and confer pursuant to Rule 26(f) and shall jointly submit a discovery plan to this Court not later than five (5) business days prior to the conference with the Court.

Applies to

Discovery demand

Must include

discovery demand prohibited before conference

No formal discovery demands before Initial Scheduling Conference.

No formal discovery demands may be issued before the Initial Scheduling Conference, other than as permitted by Rule 26(d).

Applies to

Initial scheduling conference

Must include

settlement authority, counsel authority to bind clients

Counsel must have full authority to bind clients at Initial Scheduling Conference.

At the Initial Scheduling Conference, all parties who are not appearing pro se must be represented by counsel who shall have full authority to bind their clients in all pretrial matters. Counsel shall also be prepared to discuss the merits of the case and shall have settlement authority.

Applies to

Appearance notification

Must include

plaintiff counsel notification requirement

Plaintiff's counsel must notify new parties about this Order.

Counsel for the plaintiff(s) shall notify any party who enters an appearance after the Initial Scheduling Conference is scheduled about this Order and shall forward to that party a copy of this Order.

Applies to

Pro hoc vice application

Must include

adverse party consent, consent disclosure in cover letter, consent disclosure in proposed order

Pro hac vice applications require adverse party consent and disclosure.

Counsel may file unopposed applications for pro hac vice admission. Counsel should obtain the consent of adverse parties prior to filing the application and shall advise, in both the cover letter and the proposed order, of such consent.

Applies to

Pro hoc vice application

Must include

compliance with local rule 101 1 c

Pro hac vice applications must comply with Local Civil Rule 101.1(c).

Counsel shall follow the requirements of Local Civil Rule 101.1(c) with regard to the contents of the proposed form of order and the supporting certifications of local counsel and each proposed pro hac vice attorney.

Applies to

Discovery plan

Must include

use specific form

Joint Discovery Plan must use specific form from court website.

The parties shall submit a Joint Discovery Plan using the attached form available at: https://www.njd.uscourts.gov/sites/njd/files/forms/R16DiscoveryPlan_1.pdf.

Applies to

Settlement conference letter

Each party must email a confidential settlement letter summarizing the factual background, disputed issues, case status, and settlement position.

Each party must email a confidential letter summarizing the factual background of the case, the main issue(s) in dispute, the status of the case, and the parties’ settlement position.

Applies to

Discovery dispute letter

The discovery dispute letter must explain resolution efforts, summarize each issue and each party's position with supporting facts and legal authority, and separate each issue into its own section.

The parties shall explain the efforts made to resolve the issue(s). For each issue or group of issues in dispute, the parties shall summarize the specific issue(s) and the parties’ respective positions supported by relevant facts and legal authority. Each issue must be separated into its own section.

Applies to

Motion to seal

Must include

proposed order

Motions to seal must include a proposed order with findings of fact and conclusions of law addressing the Local Civil Rule 5.3(c) factors, and must indicate whether all other parties consent to sealing.

Along with the motion to seal, the moving party shall submit a form of order containing proposed findings of fact and conclusions of law concerning the factors set forth in Local Civil Rule 5.3(c). The moving party also shall indicate whether all other parties consent to the sealing of

Applies to

Confidentiality order

Must include

proposed order

Parties submitting a confidentiality order that differs from Appendix S must submit a clean version ready for signature and a redline version showing the differences.

If the parties submit a confidentiality order that differs from Appendix S, they must submit: (1) a clean version of the proposed order that is ready for signature; and (2) a redline version that indicates the differences between the proposed order and the Appendix S order.

Applies to

Discovery dispute letter

Must include

case number, certificate of service

Discovery dispute letters must be double-spaced, max 10 pages, and identify requests, responses, and resolution efforts.

The party(ies) seeking relief shall file a letter with the Court, which shall be double-spaced shall not exceed ten (10) pages, regardless of the number of disputed issues. The letter must identify the relevant request(s), the response(s) to the request(s), and the efforts taken to resolve the dispute.

Applies to

Motion to amend

Must include

proposed order, proposed amended pleading

Motions to amend must include proposed amended pleading with tracked changes.

Motions to amend must comply with Local Civil Rule 15.1 and shall be accompanied with a proposed amended pleading with black- or red-lined edits that clearly indicate the proposed changes.

Applies to

Joint proposed final pretrial order

Must include

joint proposed final pretrial order

Joint proposed final pretrial order due 3 weeks before conference via email and mail

The parties shall submit, by email and regular mail, one (1) copy of the joint proposed final pretrial order no later than three (3) weeks before the conference.

Applies to

Confidentiality order

Proposed confidentiality orders must comply with FRCP 26(c) and L. Civ. R. 5.3, and be designated 'Discovery Confidentiality Order'.

Any proposed confidentiality order agreed to by the parties must comply with Fed. R. Civ. P. 26(c) and L. Civ. R. 5.3. Any such order must be clearly designated “Discovery Confidentiality Order.” Id.

Applies to

Dispositive motion

Dispositive motions must comply with Local Civil Rules 7.1(b) and 78.1.

All calendar or dispositive motions, if permitted, shall comply with L. Civ. R. 7.1(b) and 78.1.

Applies to

Expert report

Affirmative expert reports must comply with the form and content requirements of FRCP 26(a)(2)(B).

All such reports must be in the form and content required by Fed. R. Civ. P. 26(a)(2)(B).

Applies to

Responding expert report

Responding expert reports must comply with the same form and content requirements as affirmative expert reports (FRCP 26(a)(2)(B)).

All such reports shall be in the form and content as described above.

Applies to

Joint status letter

Parties must submit a joint status letter prior to the status conference.

The parties are directed to submit a joint status letter three (3) days prior to the conference.

Applies to

Filing

Must include

ai disclosure

Filings using generative AI (excluding Westlaw and LexisNexis) must include a certification confirming all citations were checked for accuracy.

Any party or counsel that uses generative artificial intelligence (excluding Westlaw and LexisNexis) in any filing either addressed to or to be decided by Judge Quinn shall file a certification with that document, stating that all legal and factual citations in the document(s) have been checked for accuracy.

Applies to

Discovery dispute letter

Must include

certificate of conference

Discovery disputes must be resolved through joint letter following Local Civil Rules 16.1 and 37.1.

Discovery disputes and applications shall proceed in accordance with Local Civil Rules 16.1 and 37.1. Should counsel fail in their good faith efforts to resolve the dispute by conferring pursuant to Local Civil Rule 37.1, the matter shall be brought to the Court’s attention through a joint letter that sets forth: (a) the request; (b) the response; (c) efforts to resolve the dispute; (d) the position of the complaining party; (e) the position of the responding party; and, if applicable, (f) the efforts of a party to contact a non-responsive party to meet and confer and submit the joint letter.

Applies to

Motion to amend

Must include

proposed order

Motions to amend require proposed amended pleading with black/red-line edits.

Motions to amend must comply with Local Civil Rule 15.1 and shall be accompanied with a proposed amended pleading with black- or red-lined edits that clearly indicate the proposed changes.

Applies to

Final pretrial order

Must include

proposed order

Joint final pretrial order must be submitted by email and mail 3 weeks before conference

The parties shall submit, by email and regular mail, one (1) copy of the joint proposed final pretrial order no later than three (3) weeks before the conference.

Applies to

Motion to amend

Must include

proposed order

Motions to amend must include a proposed amended pleading with red-lined edits and indicate whether consent was obtained from other parties.

Motions to amend must comply with Local Civil Rule 15.1 and shall be accompanied with a proposed amended pleading with red-lined edits that clearly indicate the proposed changes. Counsel shall attempt to gain the consent of all other parties before filing the application and indicate, in the application, whether consent was obtained.

Applies to

Proposed discovery confidentiality order

Must include

proposed order

Proposed Discovery Confidentiality Orders must comply with FRCP 26(c) and Local Civil Rule 5.3, use the Appendix S form unless good cause shown, and if differing from Appendix S, submit clean and red-lined versions.

Any proposed Discovery Confidentiality Order agreed to by the parties must strictly comply with Federal Rule of Civil Procedure 26(c) and Local Civil Rule 5.3. Unless good cause is shown, the parties shall use the form included in Appendix S to the Local Civil Rules. If the proposed order differs from Appendix S, the parties must submit (i) a clean version of the proposed order that is ready for signature; and (ii) a red-lined version of the proposed order that delineates how it differs from Appendix S.

Applies to

Bail request

The Court will not consider bail or bail modification requests until defense counsel has consulted with the U.S. Attorney's Office and U.S. Pretrial Services has assessed the proposed bail package.

The Court will not consider a request for bail or bail modification until after defense counsel has consulted with the U.S. Attorney's Office and U.S. Pretrial Services has assessed the proposed bail package.

Applies to

Reply

Replies to discovery dispute letters are not permitted without leave of Court.

Replies are not permitted without leave of Court.

Applies to

Motion

Must include

proposed order

All motions must include a proposed order.

All motions must be accompanied by a proposed order in searchable PDF format, filed via CM/ECF.

Applies to

Motion to seal

Must include

proposed order

Motions to seal must include proposed order, proposed findings of fact and conclusions of law, and certify party consent.

Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in the application.

Applies to

Notice of motion

Requests for oral argument must be indicated in the notice of motion.

If oral argument is requested, it shall be indicated in the notice of motion.

Applies to

Pro hac vice motion

Must include

proposed order

Pro hac vice motions must be one per applicant, indicate party consent, include proposed order, and comply with Local Civil Rule 101.1(c).

Requests for admission pro hac vice should be filed as motions and, provided the defendant(s) have answered and/or defense counsel has entered a notice of appearance, should indicate whether the other parties consent to the admission. There should also be one motion filed for each individual applicant for admission pro hac vice. A motion seeking admissions of more than one applicant will not be considered. Requests should also comply with Local Civil Rule 101.1(c) and enclose a proposed form of Order.

Applies to

Letter

Telephone conferences must be initiated by a letter outlining the issues to be discussed.

Telephone Conferences: Are permitted but must be initiated by letter informally outlining the issues to be discussed.

Applies to

Supplemental statement of material facts

Opposing parties may file a supplemental statement of material facts, which the moving party must answer; the Court may ignore supplemental statements lacking record citations.

In addition to filing a responsive statement of material facts, the opposing party may submit a separately filed supplemental statement of material facts setting forth any relevant facts in support of its position, which the moving party shall respond to in turn. The Court may ignore a supplemental statement of material facts if it fails to include citation to record evidence.

Applies to

Summary judgment submission

Noncompliance with the summary judgment statement rules may result in the submission being stricken.

If a party fails to comply with these rules, the Court will likely strike that party’s submission.

Applies to

Exhibits

Exhibits must be clearly labeled and separately filed as related attachments to the document they support.

Exhibits shall be clearly labeled. Exhibits shall be separately filed as related attachments to the document they support (i.e., a declaration/certification summarizing the

Applies to

Verdict sheet

If counsel cannot agree on a joint verdict sheet, each party must separately submit proposed verdict sheets in the same manner.

If counsel cannot agree on a joint verdict sheet, counsel shall separately submit proposed verdict sheets in the same manner.

Applies to

Jury instructions

Must include

citations, separate sheets, numbered sequence +2 more

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

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.

Applies to

Verdict form

Must include

joint submission

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

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

Applies to

Proposed findings conclusions

Must include

right to submit supplemental, 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.

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.

Applies to

Jury instructions

Judge prefers model-based jury instructions and disfavors case-specific facts; include facts in summations instead.

Judge Salas strongly prefers jury instructions that track the relevant model. She disfavors jury instructions containing case-specific facts or contentions. Because Judge Salas usually charges the jury before closing arguments, and because she disfavors the inclusion of facts or contentions in the jury charge, litigants are encouraged to include facts and contentions in their summations.

Applies to

Trial appearance

Must include

priority

Trial date takes precedence over other matters.

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).

Applies to

Jury instructions

Must include

no transcripts

Transcripts not available for jury deliberations.

Although the Court reporter will be transcribing the testimony, litigants should not assume that transcripts will be available for review by jurors during jury deliberations.

Applies to

Peremptory challenge

Must include

one pass limit, standing announcement

Peremptory challenges must be announced while standing; only one pass allowed without forfeiture.

Judge Salas prefers that counsel stand and announce their peremptory challenges, and Judge Salas will typically permit only one pass by a party without forfeiture.

Applies to

Trial equipment

Must include

backup plans required, litigant responsibility

Litigants are responsible for equipment and must have backup plans.

Equipment and the smooth presentation of exhibits in video or other electronic form is the responsibility of litigants and should be attended to with care. Back-up plans in the event of equipment failure should be available.

Applies to

Sentencing memorandum

Requests after 48 hours may not be considered before sentencing.

A Request for Disclosure made after 48 hours of receiving the Submission Notice may or may not be considered by the Court prior to the sentencing hearing.

Applies to

Probation report

Must include

access restricted

Defendant and counsel are not ordinarily permitted to review Probation Department's sentencing recommendations.

Judge Salas will not ordinarily permit the defendant or counsel for either party to review the Probation Department's recommendations regarding sentencing.

Applies to

Hypothetical questions

Must include

submission to court, submission to opposing counsel

Hypothetical questions for expert witnesses must be submitted to court and opposing counsel

If any hypothetical questions are to be put to an expert witness on direct examination, they shall be submitted to the Court and opposing counsel.

Applies to

Letter motion

Must include

local rule certificate

Letter-motions are disfavored in criminal cases; if submitted, they must include attorney certifications.

Judge Padin disfavors the submission of letter-motions. Parties should submit attorney certifications alongside letter-motions to the extent they feel letter-motions are warranted in lieu of a formal notice of motion.

Applies to

Mailed document

Mailed documents must be addressed to clerk's office, not judge.

Documents mailed to the courthouse must be addressed to the Clerk’s Office and not to Judge Castner.

Applies to

Settlement

Settlement after jury summons may result in jury cost assessment.

If an action is settled after the jury has been summoned or during trial, the parties are reminded that the Court is likely to assess the costs of empaneling the jury on the parties and/or their attorneys.

Applies to

Pretrial order

Only motions listed in the pretrial order will be considered before trial.

Only those motions listed herein will be entertained prior to trial.

Applies to

Pretrial order

Plaintiff must list contested facts separately for each defendant in the pretrial order; failure results in waiver.

Plaintiff must state contested facts separately for each Defendant. Proof shall be limited at trial to the contested facts set forth below. Failure to set forth any contested facts shall be deemed a waiver thereof.

Applies to

Pretrial order

Defendant must list contested facts in the pretrial order; failure results in waiver.

Defendant intends to prove the following contested facts with regard to liability: ... Proof shall be limited at trial to the contested facts set forth below. Failure to set forth any contested facts shall be deemed a waiver thereof.

Applies to

Pretrial order

Only witnesses listed in the pretrial order may testify at trial, except impeachment witnesses.

Aside from those called for impeachment purposes, only the witnesses whose names and addresses are listed below will be permitted to testify at trial.

Applies to

Pretrial order

Expert witnesses must be listed in the pretrial order with qualifications summary and report provided at pretrial conference; objections to qualifications must be stated in the pretrial order.

No expert or specialized lay opinion witness offering scientific, technical, or other specialized knowledge will be permitted to testify at trial unless listed below. A summary of the expert's qualifications and a copy of his/her report must be provided for the Court's review at the pretrial conference. Said summary shall be read into the record at the time he/she takes the stand, and no opposing counsel shall be permitted to question his/her qualifications unless the basis of the objection is set forth herein.

Applies to

Hypothetical questions

Hypothetical questions for expert witnesses must be submitted to the Court and opposing counsel.

If any hypothetical questions are to be put to an expert witness on direct examination, they shall be submitted to the Court and opposing counsel.

Applies to

Trial counsel identification

Each party must identify trial counsel with contact information.

Each party shall identify the names, law firms, addresses, telephone numbers (including cell phone), and email addresses for the attorneys who will try the case on behalf of that party.

Applies to

Bifurcation request

Requests for bifurcation or phasing must be included with an explanation.

If any party intends to request phasing, bifurcation, or other procedure concerning the trial length or ordering of evidence, that party shall include any such request herein and explain the basis for the request.

Applies to

Trial length estimate

Each party must estimate trial hours for voir dire, openings, evidence, and closings.

Each party shall specify the number of hours that it contends is appropriate for each party for each of the following: (a) voir dire; (b) opening statements; (c) presentation of evidence for liability; (d) presentation of evidence for damages; (e) closing arguments.

Applies to

Protective order

Proposed protective orders must include a specific paragraph about other proceedings.

Any proposed protective order must include the following paragraph: Other Proceedings. By entering this Order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that the information may be relevant and subject to disclosure in another case. Any person or party subject to this Order who becomes subject to a motion to disclose another party’s information designated as confidential pursuant to this Order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

Applies to

Declaration

Declarations must not contain legal argument or circumvent briefing word limits.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Applies to

In limine request

Each party is limited to three in limine requests.

Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.

Applies to

In limine request

Each in limine request and response must contain the authorities relied upon.

Each in limine request and any response shall contain the authorities relied upon

Applies to

Joint claim construction chart

Joint Claim Construction Chart must identify terms, include proposed constructions with citations only to intrinsic evidence, include separate PDF of patents, and contain no argument.

The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.

Applies to

Motion for claim construction

Motion for Claim Construction must be filed concurrently, contain no argument, and state specific language.

Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).”

Applies to

Letter

Must include

certificate of conference

Parties must file a letter with the Amended Joint Claim Construction Chart identifying meet-and-confer participants, method, duration, and stating if no agreements reached.

The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.

Applies to

Joint letter

Parties must submit a joint letter by the date answering claim construction briefs are due to seek prior approval to present testimony at claim construction hearing.

Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.

Applies to

Daubert motion

Daubert motions must be numbered in order of preference.

A party that files more than one Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on.

Applies to

Motion in limine

Motions in limine must comply with paragraph 14 of this Order.

Motions in limine shall comply with paragraph 14 of this Order.

Applies to

Peremptory challenges

Must include

one pass allowed, forfeiture after second pass

Only one pass allowed without forfeiture of peremptory challenge.

Judge Neals will typically permit only one pass by a party without forfeiture.

Applies to

Sensitive exhibits

Must include

excluded from jury room

Weapons, narcotics, currency not sent to jury room.

Judge Neals does not send weapons, narcotics, currency, and similar items into the jury room.

Applies to

Sensitive exhibits

Must include

restricted from jury room, courtroom review with marshal

Weapons/narcotics/currency not sent to jury room; viewed in courtroom with marshal.

Judge Williams does not send weapons, narcotics, currency, and the like into the jury room. 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.

Applies to

Electronic demonstrative evidence

Must include

notice required

Notice required for electronic demonstrative evidence.

If counsel intends to use electronic demonstrative evidence at trial, notice should be given to the Courtroom Deputy and all parties as soon as possible.

Applies to

Sentencing

Defendant and counsel cannot review probation sentencing recommendation.

Judge Williams does not permit the defendant or counsel to review the Probation Department’s recommendation as to sentencing.

Applies to

Motion to seal

Counsel must make every effort to obtain opposing counsel's consent for a sealing request.

Counsel shall make every effort to secure the consent of opposing counsel regarding the request to seal.

Applies to

Confidentiality order

Use Appendix S confidentiality order form; if submitting own version, must provide clean version and version showing differences with brackets/strikes/underscores.

The parties are encouraged to use the form discovery confidentiality order found at Appendix S of the Local Rules. If the parties submit their own version of a confidentiality order, which differs from Appendix S, they must submit: (1) a clean version of the proposed order that is ready for signature, and (2) an additional version that shall indicate in what respect(s) it differs from Appendix S by bracketing or striking through materials to be deleted and underlining materials to be added.

Applies to

Confidentiality order

Must include

proposed order

If submitting a confidentiality order different from Appendix S, parties must submit a clean version and a version showing changes.

If the parties submit their own version of a confidentiality order, which differs from Appendix S, they must submit: (1) a clean version of the proposed order that is ready for signature, and (2) an additional version that shall indicate in what respect(s) it differs from Appendix S by bracketing or striking through materials to be deleted and underlining materials to be added.

Applies to

Electronic demonstrative evidence

Electronic demonstrative evidence requires 10-day advance notice.

If counsel intends to use electronic demonstrative evidence at trial, please notify the Court at least 10 days in advance of trial.

Applies to

Joint final pretrial order

Must include

signature blocks, local rule certificate

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.

Applies to

Joint final pretrial order

Must include

certificate of conference

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.

Applies to

Trial preparation compliance

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.

Applies to

Pro hac vice motion

Pro hac vice admission requests must be filed as motions, indicate whether all parties consent, and comply with Local Civil Rule 101.1(c).

Requests for admission pro hac vice should be filed as motions and should indicate whether all parties consent to the admission. Requests also should comply with the other requirements set forth in Local Civil Rule 101.1(c).

Applies to

Written declaration

Court may require direct testimony by written declaration, with live testimony limited to cross-examination.

The Court may instruct the submission of direct testimony of a witness by written declaration as opposed to live question and answer. This saves time and streamlines the process. If this procedure is utilized, the live Zoom testimony is for cross-examination only (and redirect and re-cross, as necessary).

Applies to

Exhibits

Counsel must retain custody of trial exhibits until closings.

Counsel shall retain custody of their trial exhibits until closings.

Applies to

Exhibits

The prosecuting attorney or investigating agency generally maintains custody of weapons, narcotics, or currency exhibits during trial.

The prosecuting attorney and/or investigating agency is generally required to maintain custody of exhibits such as weapons, narcotics, or currency during trial.

Applies to

Voir dire

Must include

submitted to judge

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

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

Applies to

Pleading

Must include

citizenship of members

Formation state and principal place of business are irrelevant for unincorporated business organization citizenship.

By way of example, the Court sets forth a hypothetical analysis of a limited liability company that is a party to an action wherein diversity jurisdiction is asserted: (a) Alpha LLC is a limited liability company formed under the laws of Oregon with its principal place of business located at 123 Main Street in Boise, Idaho. All of the members of Alpha LLC must be identified because Alpha LLC is an unincorporated business organization. Its Oregon formation and Idaho location are not relevant for a determination as to whether there is complete diversity of citizenship.

Applies to

Pretrial meeting

Must include

in person meeting

Pretrial housekeeping meeting required before jury selection.

On the business day before jury selection, or on a day otherwise specified by the Court, Judge Salas will hold an in-person housekeeping meeting with litigants.

Applies to

Voir dire questions

Combined voir dire question submission required instead of separate submissions.

Instead of separate submissions from the litigants, Judge Salas requires one combined submission, identifying any questions in dispute.

Applies to

Voir dire questions

Example voir dire questions provided; litigants should use similar format.

The Court will provide an example of voir dire questions that were used during a recent trial. Litigants should utilize a similar format in crafting the proposed voir dire question for their case.

Applies to

Voir dire script

Must include

prepared script

Prepared voir dire script provided for counsel review before selection.

Judge Salas will provide a prepared script she will read at voir dire. The script will be available for counsel to review prior to voir dire selection.

Applies to

Pretrial meeting

Must include

exhibit marking, objection preview, voir dire discussion +1 more

Pretrial meeting covers exhibits, objections, voir dire, and jury instructions.

The meeting will include (but will not be limited to) marking exhibits and previewing objections, discussing the voir dire, and discussing jury instructions.

Applies to

Jury instructions

Must include

no note taking reason

Note-taking distracts jurors from witness testimony.

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.

Applies to

Jury instructions

Must include

collective memory

Jurors rely on collective memory during deliberations.

The jurors will be able to rely on their collective memory about the testimony and other evidence when the jury is deliberating.

Applies to

Opening statement

Opening statements: 20-30 minutes; summations: 30-45 minutes.

Judge Salas normally attempts to obtain the agreement of litigants regarding time limits on opening statements and closing arguments. However, in most cases, twenty (20) to thirty (30) minutes should be adequate for an opening statement, and thirty (30) to forty-five (45) minutes should be adequate for summation.

Applies to

Witness examination

Must include

multiple attorneys allowed, one attorney per party same witness

Multiple attorneys may examine different witnesses or argue different points, but only one attorney per party may examine the same witness.

Judge Salas will permit more than one attorney for a party to examine different witnesses or to argue different points of law before the Court, but only one attorney per party may examine the same witness.

Applies to

Opening summation

Must include

full argument required, different attorneys allowed

Different attorneys may give opening and summation, but each must provide the full argument.

Although Judge Salas permits different attorneys to give the opening and summation, the opening attorney must provide the full opening and the closing attorney must provide the full summation.

Applies to

Judgment motion

Must include

writing preferred, oral argument permitted

Motions for judgment as a matter of law or involuntary dismissal should be in writing; oral argument permitted.

Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials should be in writing if at all possible. Oral argument on such motions is ordinarily permitted.

Applies to

Proposed findings conclusions

Must include

complexity based, timeframe set by court

Court sets timeframe for proposed findings of fact and conclusions of law based on complexity.

The Court will set a timeframe for submitting proposed findings of fact and conclusions of law in non-jury cases depending on the complexity of the matter.

Applies to

Jury instructions

Judge Salas typically charges jury before closing arguments.

In most cases, Judge Salas will charge the jury before closing arguments, providing the jurors with an opportunity to learn the law before hearing summations that match the facts and contentions to the law.

Applies to

Jury instructions

Must include

written copies

Judge Salas typically provides jurors with written instructions.

In most cases, Judge Salas will provide jurors with copies of the instructions.

Applies to

Transcript

Must include

sanitized version

Sanitized transcript may be provided to jury with litigant consent.

At the jury’s request, if the transcript is available, Judge Salas will permit a copy of the sanitized transcript to go into the jury room, but only with the consent of the litigants.

Applies to

Character letter

Court prefers notarized character letters, but notarization is not required.

The Court prefers that character letters submitted on behalf of a defendant be notarized by the letter’s author, though notarization is not mandatory.

Applies to

Concise statement

Counsel may rely on the word-processing system's word count for the certification.

The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.

Applies to

Opening statements closing arguments

Must include

time limit agreement attempted

Judge typically seeks agreement on time limits for opening/closing.

Judge Neals typically attempts to obtain the agreement of litigants regarding time limits on opening statements and closing arguments.

Applies to

Opening statements closing arguments

30-60 minutes recommended for opening statement and summation.

thirty (30) to sixty (60) minutes should be adequate for an opening statement and summation in most non-complex cases.

Applies to

Jury charge

Jury charge typically given after closing arguments.

Judge Neals will generally charge the jury after counsel make their closing arguments.

Applies to

Jury charge

Must include

written copy provided to jurors

Jurors receive written copy of jury charge.

Judge Neals provides jurors with a written copy of the jury charge.

Applies to

Jury voir dire

Must include

follow up questions at sidebar

Judge asks follow-up questions at sidebar.

Judge Neals will ask any follow-up questions at sidebar.

Applies to

Peremptory challenges

Must include

alternating rounds

Peremptory challenges exercised in alternating rounds.

Peremptory challenges are exercised in turn, with each side exercising one round of challenge(s) at a time.

Applies to

Sensitive exhibits

Sensitive exhibits viewed in emptied courtroom with Deputy Marshal.

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.

Applies to

Sensitive exhibits

Must include

custody maintained by prosecuting attorney

Prosecuting attorney maintains custody of sensitive exhibits.

The prosecuting attorney and/or investigating agency is generally required to maintain custody of exhibits such as weapons, narcotics, or currency during trial.

Applies to

Jury selection

Must include

note taking discussion

Juror note taking may be allowed; discussed with counsel before trial.

Judge Williams may allow juror note taking and will discuss with counsel prior to trial.

Applies to

Witness testimony

Live testimony preferred; videotaped testimony allowed only against blank background.

Judge Williams prefers all witness appear live at trial. Judge Williams will permit videotaped testimony at trial provided that the witness is recorded against a blank background. No videotaped testimony will be shown to a jury if there are any images,

Applies to

Jury selection

Must include

civil cases only, juror questions allowed, all parties agree required

Juror questions for witnesses allowed in civil cases with all parties' agreement.

Judge Williams may, if all parties agree, permit jurors to submit questions for witnesses to the Court to be posed to witnesses in civil cases only.

Applies to

Pro hac vice application

When pro hac vice admission is on consent, it should be requested by informal CM/ECF application.

If admission pro hac vice is sought on consent, the request should be made by informal application filed on CM/ECF.

Applies to

Pretrial order

Must include

exhibit list exemption

Exhibits used only for impeachment need not be listed.

You are not required to list exhibits that will be used, if at all, only for impeachment purposes.

Applies to

Mediation

Must include

local rule certificate

Mediation is governed by Local Civil Rule 301.1.

Mediation is governed by Local Civil Rule 301.1.

Applies to

Mediation referral

Must include

certificate of conference

Judges may refer civil cases to mediation without party consent.

Any district judge or magistrate judge may refer a civil action to mediation. This may be done without the consent of the parties.

Applies to

Mediation consent

Must include

certificate of conference

Parties are encouraged to consent to mediation.

However, the Court encourages parties to confer among themselves and consent to mediation.

Applies to

Rule 26f conference

Must include

certificate of conference

ADR eligibility must be discussed during Rule 26(f) conference.

Moreover, you are reminded that, when counsel confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 26.1, one of the topics that must be addressed is the eligibility of a civil action for participation in ADR.

Applies to

Mediation timing

Must include

certificate of conference

Parties encouraged to consent to mediation before Rule 26(a)(1) disclosures.

Accordingly, the Court encourages parties to consent to mediation prior to or at the time that automatic disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure.

Applies to

Mediator selection

Must include

certificate of conference

Parties may choose mediator from Court list or private mediator.

If parties consent to mediation, they may choose a mediator either from the list of certified mediators maintained by the Court or by the selection of a private mediator.

Applies to

Mediator selection

Must include

certificate of conference

Judicial officer selects mediator if case referred without consent.

If a civil action is referred to mediation without consent of the parties, the judicial officer responsible for supervision of the program will select the mediator.

Applies to

Mediator fee

Must include

certificate of conference

Mediator fee is $300/hour, split equally between parties.

The mediator’s hourly rate is $300.00, which is borne equally by the parties.

Applies to

Mediation guidelines

Must include

certificate of conference

Mediation guidelines available on Court website and Appendix Q.

If you would like further information with regard to the mediation program please review the Guidelines for Mediation, which are available on the Court’s Web Site www.njd.uscourts.gov and appear as Appendix Q to the Local Civil Rules.