District of New Jersey Page & Word Limits

Attorney limit

3 pages

Applies to

Pre motion letter

Spacing

Single

Pre-motion letters may not exceed 3 single-spaced pages.

a party must submit a pre-motion letter, not to exceed three single-spaced pages

Attorney limit

3 pages

Applies to

Pre motion response

Spacing

Single

Pre-motion responses may not exceed 3 single-spaced pages, due 7 days after letter receipt.

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

Attorney limit

3 pages

Applies to

Letter

Summary judgment leave request letter may not exceed 3 pages.

When seeking leave from Judge Kiel, the moving party must first submit a letter, no longer than three pages, summarizing the party’s substantive argument.

Attorney limit

3 pages

Applies to

Letter

Summary judgment leave opposition letter may not exceed 3 pages, due 7 days after moving letter.

Within seven days of the moving party’s letter, the party opposing the motion must submit a letter, no longer than three pages, summarizing the party’s substantive argument in opposition.

Attorney limit

3 pages

Applies to

Letter

Spacing

Single

Parties may submit a waiver letter (max 3 single-spaced pages) to seek permission to file summary judgment motion in ANDA patent cases.

A party may, however, submit a letter to the Court, not to exceed three single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues.

Attorney limit

15 pages

Applies to

Sur reply

Font

Times New Roman 12 pt

Spacing

Double

Sur-replies require permission, limited to 15 pages, due within 7 days.

No sur-replies are permitted without permission. They are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue or point of law not discussed in the initial briefs. Sur-reply briefs may be filed and served within seven (7) days of service of the brief to which the sur-reply responds unless the Court sets a different schedule. Sur-reply submissions should not contain a repeat recitation of the facts of the case and, without leave of Court for good cause shown, must not exceed fifteen (15) pages in total. No other briefs may be filed without leave of Court for good cause shown.

Attorney limit

10 pages

Applies to

Sur reply brief

Sur-reply briefs, without good cause shown, must not exceed 10 pages and should not repeat case facts.

Sur-reply submissions should not contain a repeat recitation of the facts of the case and, without leave of Court for good cause shown, must not exceed ten (10) pages in total.

Limit

5 pages

Applies to

Written submission

Written requests for redacted Sentencing Materials must include specific details and not exceed 5 pages; unrepresented parties use email, others use docket.

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

Attorney limit

5 pages

Applies to

Response

Parties must file a response to redaction access requests within two days, not exceeding 5 pages.

Within two days of such written submission, the parties shall electronically file a response (not to exceed 5 pages).

Attorney limit

5500 words

Attorney limit

8250 words

Attorney limit

2750 words

Applies to

Brief

Opening briefs limited to 5,500 words; answering briefs limited to 8,250 words; reply briefs limited to 5,500 words; sur-reply briefs limited to 2,750 words; all briefs must use 14-point Times New Roman or similar typeface.

its (their) opening brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its (their) answering brief, not to exceed 8,250 words, on [DATE]. The Plaintiff(s) shall serve, but not file, its (their) reply brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its (their) sur-reply brief, not to exceed 2,750 words, on [DATE]. The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

Limit

3 pages

Limit

1 pages

Applies to

In limine request

In limine support limited to 3 pages, opposition limited to 3 pages, reply limited to 1 page.

each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.

Attorney limit

1 pages

Applies to

In limine reply

Moving parties may submit a single one-page reply on in limine requests.

The Court will consider in limine requests on the papers (with moving parties a single one-page reply).

Attorney limit

5500 words

Attorney limit

8250 words

Attorney limit

2750 words

Applies to

Brief

Opening brief capped at 5,500 words; answering brief at 8,250 words; reply brief at 5,500 words; sur-reply brief at 2,750 words.

The Plaintiff(s) shall serve, but not file, its opening brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its answering brief, not to exceed 8,250 words, on [DATE]. The Plaintiff(s) shall serve, but not file, its reply brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on [DATE].

Limit

3 pages

Applies to

Claim construction hearing

Testimony at claim construction hearing is prohibited unless prior approval is obtained by joint letter by the answering brief deadline; argument limited to three hours.

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 in total.

Attorney limit

10000 words

Attorney limit

5000 words

Applies to

Brief

Each side is limited to 10,000 words for all opening briefs, 10,000 words for all answering briefs, and 5,000 words for all reply briefs for case dispositive motions.

Each Party is permitted to file as many case dispositive motions as desired, provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed.

Attorney limit

12500 words

Attorney limit

6250 words

Applies to

Brief

If a Daubert motion is filed with a case dispositive motion, word limits increase to 12,500 words for opening briefs, 12,500 words for answering briefs, and 6,250 words for reply briefs per side.

In the event that a Party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, a combined total of 12,500 words for all answering briefs, and a combined total of 6,250 words for all reply briefs.

Attorney limit

1750 words

Applies to

Concise statement

Concise statements for summary judgment motions are limited to 1,750 words.

The concise statement in support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words.

Attorney limit

3 pages

Applies to

Motion in limine

Each party is limited to three motions in limine.

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

Attorney limit

3 pages

Attorney limit

1 pages

Applies to

Motion in limine

In limine requests and responses are limited to 3 pages of argument each; reply is limited to 1 page.

Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the Party making the in limine request may add a maximum of one additional page in reply in support of its request.

Attorney limit

3 pages

Applies to

Waiver letter

Summary judgment motions prohibited in ANDA patent cases; waiver letter allowed (max 3 single-spaced pages).

The Court does not permit filing summary judgment motions in ANDA patent cases. A party may, however, submit a letter to the Court, not to exceed three (3) single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues.

Attorney limit

3 pages

Applies to

Waiver response

Response to waiver letter must be filed within 5 business days (max 3 single-spaced pages).

Within five (5) business days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages.

Attorney limit

3 pages

Applies to

Letter

Spacing

Single

Pre-motion letters limited to 3 single-spaced pages.

a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.

Attorney limit

3 pages

Applies to

Letter

Spacing

Single

Non-movant response letters limited to 3 single-spaced pages, due 7 days after meet and confer, must include objections, proposed course, or statement of no response.

all non-movant adversaries must file, within seven (7) days of the meet and confer, a response letter, not to exceed three (3) single-spaced pages, that sets forth the non-movant’s objections to the movant’s original letter, proposes a course of action to resolve the deficiencies identified by the movant, or states that the non-movant does not intend to file a letter responding to the movant’s original letter.

Limit

5 pages

Applies to

Joint discovery dispute letter

Unresolved discovery disputes must be presented by joint letter limited to five pages.

the matter shall be brought to the Court’s attention via a joint letter, not to exceed five pages, that sets forth:

Limit

5 pages

Applies to

Settlement memorandum

Settlement memoranda are limited to five pages.

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.

Attorney limit

5 pages

Applies to

Settlement memorandum

Spacing

Double

Settlement memoranda limited to 5 double-spaced pages, due 5 business days before 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.

Attorney limit

5 pages

Applies to

Discovery dispute letter

Discovery dispute joint letters are limited to five pages.

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.

Limit

5 pages

Applies to

Settlement submission

Settlement submissions must be submitted 5 business days before conference, max 5 single-spaced pages.

No later than five (5) business days before the settlement conference, each party shall submit to the Court via email to jbd_orders@njd.uscourts.gov a confidential settlement submission of no more than five (5) single-spaced pages (exclusive of any exhibits).

Limit

5 pages

Applies to

Settlement conference letter

Settlement conference letters are limited to 5 pages, excluding exhibits.

Each letter should not exceed 5 pages in length, exclusive of exhibits.

Limit

10 pages

Applies to

Discovery dispute letter

Discovery dispute joint letters are limited to 10 pages, excluding exhibits.

If the parties are unable to reach a resolution after meeting and conferring, they may file one joint letter not to exceed 10 pages, exclusive of exhibits.

Attorney limit

10 pages

Required

Always

Applies to

Discovery dispute opposition

Font

12 pt

Opposition to discovery dispute must be filed within 5 days, double-spaced, max 10 pages.

The party(ies) opposing the relief sought shall file a response within five (5) days. The response shall be double-spaced and is limited to ten pages.

Attorney limit

5 pages

Applies to

Settlement memorandum

Settlement memorandum (max 5 double-spaced pages) due 5 business days before conference

Each party shall submit, by email to JTQ_Orders@njd.uscourts.gov, a confidential settlement memorandum of no more than five (5) double-spaced pages no later than five (5) business days before the conference.

Attorney limit

10 pages

Applies to

Settlement memorandum

Spacing

Double

Confidential settlement memorandum (max 10 pages) due 5 business days before settlement conference

Each party shall submit, by email to RLS_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than ten (10) double-spaced pages no later than five (5) business days before the conference.

Attorney limit

5 pages

Applies to

Letter

Spacing

Double

Letters seeking relief for discovery disputes must be double-spaced, not exceed 5 pages, no exhibits attached, and must set forth efforts to resolve the dispute.

The party(ies) seeking relief shall file a letter with the Court, which shall be double-spaced and not exceed five (5) pages in length. No exhibits shall be attached. The letter shall set forth the efforts taken to resolve the dispute.

Attorney limit

3 pages

Applies to

Letter

Pre-motion letters (moving and opposing parties) are limited to 3 pages each.

When seeking leave, the moving party must first submit a letter, no longer than three pages, summarizing the party’s argument and certifying what attempts have been made to meet and confer with the adversary to resolve the dispute. Within one week of the moving party’s letter, the opposing party must submit a letter, no longer than three pages, summarizing the party’s argument in opposition.

Attorney limit

10 pages

Applies to

Settlement memorandum

Spacing

Double

Confidential settlement memoranda are limited to 10 double-spaced pages.

Each party is required to submit, by email to SDA_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than ten (10) double spaced pages no later than five (5) business days before the conference.

Attorney limit

3 pages

Attorney limit

1 pages

Applies to

Motion in limine

Multiple parties supporting or opposing an in limine request must combine their arguments into a single 3-page submission; moving parties combine into a single 1-page reply.

If more than one Party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, for the moving parties, a single one-page reply).

Limit

5 pages

Applies to

Settlement memorandum

Spacing

Double

Settlement memorandum limited to 5 double-spaced pages, due 5 business days before 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.

Attorney limit

20 pages

Applies to

Settlement memorandum exhibits

Settlement memorandum exhibits limited to 20 pages if included

Exhibits to settlement memorandum are not required, but if included should not exceed twenty (20) pages.

Attorney limit

20 pages

Applies to

Exhibits

Exhibits to settlement memoranda exceeding 20 pages will not be reviewed by the Court.

Voluminous exhibits to settlement letters (exceeding 20 pages) will not be reviewed by the Court unless