District of New Jersey Pre-Motion Conference Requirements

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

Source text: before filing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion for judgment on the pleadings, or, in certain cases specifically identified by the Court, motion for summary judgment, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.

Response to pre-motion letter must be submitted within 5 business days (max 3 single-spaced pages).

Source text: 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.

Pre-motion letter submission tolls the deadline to file motion or answer.

Source text: A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference.

If no pre-motion conference is held, party gets 5 additional business days to file motion.

Source text: If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional five (5) business days to file its motion after its deadline pursuant to Federal Rule of Civil Procedure 12(a) (or Federal Rule of Civil Procedure 56(b), where applicable), unless additional time is so stipulated or the Court so orders.

Summary judgment motions prohibited in ANDA patent cases; waiver available via 3-page letter.

Source text: Chief Judge Bumb does not permit the filing of 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.

Adversaries must respond to ANDA patent case waiver letter within 5 business days.

Source text: Within five (5) business days after receipt of this letter, all adversaries must

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

Source text: In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority.

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

Source text: Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court.

Pre-motion letters required for specified motions, max 3 single-spaced pages; response due 7 days, max 3 pages; exemptions for pro se, bankruptcy, social security cases.

Source text: In an effort to resolve cases expeditiously, a party must submit a pre-motion letter, not to exceed three single-spaced pages, requesting leave to file the following motions: (i) motion to dismiss; (ii) motion for a more definite statement; (iii) motion to remand; (iv) motion for change of venue; (v) motion for judgment on the pleadings; and (vi) motion to compel arbitration. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages. No party may submit a reply unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice. Failure to file a pre-motion letter may result in the motion being administratively terminated. A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through the date of the Court’s decision as to whether leave will be granted. The Court reserves the right to hold a conference to determine whether leave will be granted. This procedure does not apply to cases in which the pre-answer motions listed above are filed solely by or against pro se litigant(s) only, or in bankruptcy or social security appeals.

Leave required to file summary judgment motion before close of fact discovery; leave request requires 3-page letter, opposition due 7 days.

Source text: Parties may not file an early motion for summary judgment (i.e., prior to the close of fact discovery) without leave from either Judge Kiel or the Magistrate Judge. 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. 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.

Formal motions require leave of court except as permitted by Local Rule 12.1.

Source text: Except as permitted by Local Rule 12.1, no formal motions may be filed without leave of Court.

Reply briefs are prohibited for certain motion types unless Court permits.

Source text: Replies are generally permitted pursuant to Local Civil Rule 7.1(d). However, according to Local Civil Rule 7.1(d)(3), no reply papers shall be filed concerning motions for Cross-Motion under Local Civil Rule 7.1(h); Reconsideration under Local Civil Rule 7.1(i); Case Management under Local Civil Rule 16.1(g)(2); and Discovery under Local Civil Rule 37.1(b)(3), unless the Court permits otherwise.

TRO requests require prompt hearing and pre-hearing conference.

Source text: Judge Salas will promptly hold a hearing for any request for a temporary restraining order (“TRO”) assigned to her. She will typically hold a pre-hearing conference to discuss the emergent issue(s) in contention and to allocate time for the hearing. Expedited discovery may be discussed and, when appropriate, ordered at the conclusion of the pre-hearing conference.

All pre-trial motions including Daubert and in limine motions must be fully briefed and filed 45 days before trial.

Source text: NOTE: ALL PRE-TRIAL MOTIONS INCLUDING DAUBERT AND IN LIMINE MOTIONS SHALL BE FULLY BRIEFED AND FILED NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO TRIAL or AS OTHERWISE ORDERED BY THE COURT. Only those motions listed herein will be entertained prior to trial.

Pre-motion letter (max 3 single-spaced pages) required before specified civil motions; adversaries have 7 days to respond (max 3 pages).

Source text: In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for judgment on the pleadings in civil matters, a party must submit a letter, not to exceed three (3) single-spaced pages, including counsel’s signature, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.

Reply papers are prohibited for cross-motions, reconsideration, case management, and discovery motions unless the Court permits otherwise.

Source text: However, according to Local Civil Rule 7.1(d)(3), no reply papers shall be filed to cross-motions under Local Civil Rule 7.1(h); Reconsideration under Local Civil Rule 7.1(i); Case Management under Local Civil Rule 16.1(g)(2); and Discovery under Local Civil Rule 37.1(b)(3), unless the Court permits otherwise.

Sur-replies are prohibited without prior permission and discouraged unless necessary to rebut new issues.

Source text: No sur-replies are permitted without prior 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 not discussed in the initial briefs.

No briefs other than those permitted may be filed without leave of court for good cause shown.

Source text: No other briefs may be filed without leave of Court for good cause shown.

Party must request conference with magistrate judge to resolve 56.1 statement non-compliance disputes.

Source text: To the extent a party believes that their adversary’s 56.1 statements are non-compliant, that party shall promptly request a conference with the magistrate judge on the case to resolve any disputes.

Party anticipating expert exclusion argument must raise issue to Court to determine motion filing timing relative to summary judgment.

Source text: And, should a party anticipate arguing that an expert’s opinion or report should be excluded at the summary judgment stage, they shall raise that issue to the Court to determine whether those motions should be filed before or in conjunction with any summary judgment motion(s).

Submission dates for in limine motions are set during an initial telephone conference with Judge Padin after the Magistrate Judge’s final pretrial conference.

Source text: Submission dates for in limine motions are set during the initial telephone conference with Judge Padin following the Magistrate Judge’s final pretrial conference.

Reply letters only if directed by court.

Source text: No party may submit a reply letter unless directed by the Court.

Affidavits and exhibits not permitted unless directed.

Source text: Affidavits and exhibits are not permitted unless directed by the Court.

Pre-motion conference required for specific motions (max 3 pages).

Source text: before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.

Pre-motion letter must include basis and citations.

Source text: The letter must set forth the basis for the anticipated motion and include citations to relevant authority.

Adversaries must respond within 5 business days (max 3 pages).

Source text: 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.

Summary judgment motions prohibited in ANDA patent cases.

Source text: The Court does not permit the filing of summary judgment motions in ANDA patent cases.

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

Source text: before bringing a motion to dismiss, a motion for a more definite statement, or a motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.

Response to pre-motion letter must be filed within 7 days (max 3 single-spaced pages).

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

Pre-motion letter required for specified motions, max 3 single-spaced pages, must include basis and citations, no affidavits/exhibits unless directed.

Source text: In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for a judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the content of any such affidavit(s) and/or exhibit(s) shall suffice.

Non-movant failure to file response letter within 7 days precludes consideration at pre-motion conference.

Source text: In the event an adversary does not file a letter within seven (7) days, they will be precluded from filing a letter that the Court will consider at the pre-motion conference.

All parties must appear and participate in pre-motion conference, even if they did not file pre-motion or response letters.

Source text: Unless otherwise directed by the Court, all parties, including any parties or co-parties who did not file a pre-motion letter or response letter, shall appear and participate in any such pre-motion conference.

Parties filing specified motions must submit a pre-motion letter by the FRCP 12(a) deadline, tolling the motion filing deadline until the pre-motion conference or court decision, with exemptions for pro se, bankruptcy, and social security cases.

Source text: Any party wishing to file or join a motion listed in Section (I)(A)(1) must file or join a pre-motion letter and participate in meet and confer efforts as outlined above. Any pre-motion letter must be filed by the movant’s Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders. A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders. This letter exchange procedure does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.

Parties must file a pre-motion letter for summary judgment motions before filing and before setting briefing schedule, with a status/settlement conference, exempting pro se cases.

Source text: Before any summary judgment motions may be filed and before a summary judgment briefing schedule is set, the parties shall file a letter requesting a pre-motion conference with Judge Kirsch. The Court will generally hold a Status/Settlement Conference at this juncture. Unless the Court directs otherwise, this requirement does not apply in cases in which either side is pro se.

Formal motions require prior leave of Court except Rule 12 motions, timely remand motions, and motions expressly allowed by the Case Management Order.

Source text: Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court.

A pro hac vice application without consent must be filed as a formal motion.

Source text: If not consented, the party making the application must proceed by motion.

Discovery motions require leave of court and prior compliance with Local Rules 16.1 and 37.1 before filing.

Source text: Discovery motions may be filed only upon leave of Court and only after the parties have proceeded in accordance with Local Rules 16.1 and 37.1.

Third-party subpoena enforcement or quash motions do not require meet-and-confer, but still require leave of court before filing.

Source text: Motions to secure enforcement of a subpoena or to quash a subpoena involving third parties may be made without meeting and conferring, but counsel must obtain leave of Court before filing any such motion.

Formal motions require prior leave from court except for Rule 12 motions, timely remand motions, and those expressly permitted.

Source text: Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court.

Motions require email leave request to Angela DiAndrea with proposed schedule.

Source text: Any party seeking to file motions shall seek leave of court by email to courtroom deputy Angela DiAndrea and shall provide, whenever possible, a proposed briefing and hearing schedule that has been consented to by opposing counsel.

Most formal motions require prior leave of court, except Rule 12 motions, timely remand motions, and motions to amend.

Source text: Other than (i) motions filed under Federal Rule of Civil Procedure 12, (ii) motions to remand within the time provided by 28 U.S.C. § 1447(c), (iii) motions to amend a pleading; and (iv) motions expressly permitted by this Order, formal motions shall not be filed without prior leave of Court.

Motions in limine must be filed 4 weeks before trial; responsive papers 3 weeks before.

Source text: Any motions in limine must be submitted to the Court at least four weeks before the start of trial. Any responsive papers shall be submitted at least three weeks before the start of trial.

Discovery motions require leave of court.

Source text: No discovery motion shall be filed without leave of the Court.

Meet and confer required before discovery disputes.

Source text: The parties shall meet and confer in good faith to resolve any discovery disputes prior to raising those disputes with the Court.

Joint letter (max 10 pages) required after meet and confer.

Source text: 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.

Formal motions require prior leave from the court, except for Rule 12 motions, timely remand motions, and those expressly permitted.

Source text: Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court.

All motions, including discovery motions, require prior leave of the Court.

Source text: No motion, including discovery motions, shall be made without prior leave of Court.

Dispositive motions require prior leave of court via letter application.

Source text: Any party intending to file a dispositive motion must first seek leave of the Court by way of a letter application.

Most civil motions require leave via pre-motion letter (max 3 pages) from moving party, with opposing response letter (max 3 pages) within 1 week; Rule 12(b) and remand motions within 30 days of removal are exempt.

Source text: No formal motions are permitted unless leave of court is first obtained, except for motions under Federal Rule of Civil Procedure 12(b) or motions to remand that must be filed within thirty days of removal pursuant to 28 U.S.C. § 1447(c). 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.

Pre-motion letter requirement does not apply to pro se cases or bankruptcy/social security appeals.

Source text: This letter exchange does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.

Reply letters to pre-motion letters are not permitted unless directed by the Court.

Source text: No party may submit a reply letter unless directed by the Court.

Affidavits and exhibits are not permitted in pre-motion letters unless directed by the Court.

Source text: Affidavits and exhibits are not permitted unless directed by the Court.

Reply letters to pre-motion correspondence only allowed if directed by court.

Source text: No party may submit a reply letter unless directed by the Court.

Affidavits and exhibits prohibited in pre-motion letters unless court directs otherwise.

Source text: Affidavits and exhibits are not permitted unless directed by the Court. However, a proffer by the attorney of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.

Replies to discovery disputes require leave of court.

Source text: Replies are not permitted without leave of Court.

Proffer of affidavit/exhibit contents by attorney is permitted in pre-motion letters.

Source text: A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.

Pre-motion letter tolls filing deadline until conference date or Court's decision not to hold conference.

Source text: A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference.

Letter exchange procedure does not apply to pro se cases or bankruptcy/social security appeals.

Source text: This letter exchange does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.

Motion practice follows Local Civil Rule 7.1 except as specified.

Source text: Except as set forth here, motion practice will be conducted in accordance with Local Civil Rule 7.1.

Initial pretrial conference held after answer/dispositive motion; final pretrial conference after discovery, using Magistrate Judge's proposed form.

Source text: Generally, the Magistrate Judge assigned to the case schedules an initial pretrial conference pursuant to Local Civil Rule 16. These conferences are held after the filing of the defendant’s answer or a dispositive motion. The Magistrate Judge assigned to the case determines associated procedures. At the close of discovery, the Magistrate Judge will hold a final pretrial conference. Prior to that conference, the Magistrate Judge will provide the litigants with a proposed form of final pretrial order.

Judge decides motions on papers; no appearances required.

Source text: Judge Castner decides all motions on the papers and no appearances are required on the motion day.

Pre-motion letter tolls filing deadline until conference or court decision.

Source text: A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference.

7 additional days to file if no conference is held.

Source text: If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline.

Pre-motion letter exchange doesn't apply to pro se, bankruptcy, or social security cases.

Source text: This letter exchange does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.

3-page letter may seek waiver of summary judgment prohibition.

Source text: 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.

Pre-motion letter filing tolls deadline to file motion or answer.

Source text: A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference.

If no pre-motion conference, party gets 7 additional days to file motion after Rule 12(a) deadline.

Source text: If the Court determines that a pre-motion conference would not be helpful and instructs a party to file its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders.

Pre-motion letter requirement does not apply to bankruptcy appeals, social security appeals, MDL cases, or pro se cases.

Source text: This letter exchange does not apply to bankruptcy appeals, social security appeals, cases seeking transfers based on Multidistrict Litigation (MDL) orders, or cases in which either side is appearing pro se.