Judge Esther Salas
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 2 copies • Hand Delivery • 45 Days Before Trial
- Not required
Binding: Spiral
Courtesy copies
- 3 copies • Before Trial
Adjournments
- Oral extension requests must be accompanied by CM/ECF filing
- Short continuances (2 weeks or fewer) granted with all parties' agreement.
- Detailed basis and opposition status required for other continuance/extension requests.
- +2 more
Request must include
- No last-minute (less than 48 hours) cancellation/rescheduling requests without emergencies.
- Defense counsel must submit defendant's written agreement to continuance request at least 10 business days before sentencing.
Communication
Chambers
Chambers
Phone
Law Clerks
Chambers
Phone
Chambers
Letter via ECF
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
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.
Summary: Sur-replies require permission, limited to 15 pages, due within 7 days.
Sur Reply
15 pages
Document Format Requirements6 rules
Machine summary. Not checked yet.Mandatory?
The exhibits themselves are to be pre-marked and must include exhibit stickers.
Summary: Exhibits must be pre-marked with exhibit stickers
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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.
Summary: Exhibit list must have three columns with specific content requirements
Machine summary. Not checked yet.Mandatory?
Please submit to the Court—in hard copy and in Word Format—a consolidated/combined joint exhibit list to minimize the duplication of the exhibits. The list should be a chart separated into three columns. Column 1 will list the exhibit. Column 2 will contain the opponent’s objection (a very short statement containing the relevant rule and/or concept). Column 3 will contain the proponent’s rationale for admissibility (e.g., the relevance rationale or on-point hearsay exception).
Summary: Submit consolidated joint exhibit list in Word format with three-column chart showing exhibits, objections, and admissibility rationales.
DOCX
Machine summary. Not checked yet.Mandatory?
Each proposed instruction should be double-spaced and include citations to specific authority using footnotes. Proposed instructions without citations to specific legal authority will not be considered. Cases and model jury instructions that are cited should be accurately quoted and a pinpoint page reference should be provided.
Summary: Jury instructions must be double-spaced with citations in footnotes; uncited instructions will not be considered.
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Please note that all cell phones, cameras, and other electronic devices are prohibited in this Courtroom, so if you have them, please turn them off.
Summary: Cell phones, cameras, and electronic devices are prohibited in the courtroom.
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The trial day typically will be from 9:30 a.m. until 4:30 p.m., so that the early morning and late afternoon periods can be used for addressing matters outside the presence of the jury.
Summary: Trial day scheduled 9:30 AM - 4:30 PM for jury matters.
Document Filing Requirements52 rules
Machine summary. Not checked yet.Mandatory?
Before submitting this document, the parties are to consult “JUDGE ESTHER SALAS’S GENERAL PRETRIAL AND TRIAL PROCEDURES.”
Summary: Parties must consult Judge Salas's General Pretrial and Trial Procedures before submitting this document.
Document Type
Pretrial Order
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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;
Summary: Pretrial submissions in paragraphs 2, 18, and 19 must be filed 45 days before trial or will be waived.
Document Type
Pretrial Submissions
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed findings of fact and conclusions of law required within one week after non-jury trial
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
Additionally, the parties must prepare three copies of the bench book containing the exhibits that they expect to use.
Summary: Three copies of bench book with exhibits required
Document Type
Bench Book
Machine summary. Not checked yet.Mandatory?
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.
Summary: Trial brief or memorandum required under Local Civil Rule 7.2 for non-jury trials
Document Type
Trial Brief
Machine summary. Not checked yet.Mandatory?
All litigants should be sent a contemporaneous copy of all correspondence sent to the Court.
Summary: Must send contemporaneous copies to all litigants
Document Type
Correspondence
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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.
Summary: Written requests to court must include situation, opposing party position, and specific relief
Document Type
Written Request To Court
Machine summary. Not checked yet.Mandatory?
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.'
Summary: All important factual assertions must be supported by pinpoint citations.
Document Type
Motion
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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.
Summary: Summary judgment motions require statement of undisputed material facts.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: TRO/injunction hearings require proposed findings and conclusions.
Document Type
Troc
Machine summary. Not checked yet.Mandatory?
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.
Summary: Opposition to summary judgment must respond to each factual assertion.
Document Type
Summary Judgment Opposition
Machine summary. Not checked yet.Mandatory?
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.
Summary: Submit combined neutral statement of facts in column format showing plaintiff and defendant proposals.
Document Type
Neutral Statement Of Facts
Machine summary. Not checked yet.Mandatory?
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.
Summary: Submit 3 copies of bench book of trial exhibits; update 2 copies in courtroom at 4:30 pm if exhibits change.
Document Type
Bench Book
Machine summary. Not checked yet.Mandatory?
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.
Summary: Submit combined jury instructions and verdict sheet with disagreements shown in columns.
Document Type
Jury Instructions And Verdict Sheet
Machine summary. Not checked yet.Mandatory?
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.
Summary: Model jury instructions must indicate if unchanged or modified; modifications must underline additions and bracket deletions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Judge Salas does not permit jurors to submit questions to the Court to be posed to a witness.
Summary: Juror questions to witnesses prohibited.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Judge Salas does not permit jurors to take notes.
Summary: Juror note-taking prohibited.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Generally, Judge Salas requires the submission of trial briefs no later than forty-five (45) days before trial.
Summary: Trial briefs must be submitted no later than 45 days before trial.
Document Type
Trial Brief
Machine summary. Not checked yet.Mandatory?
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.
Summary: Witnesses may not testify about exhibit content until it is admitted into evidence.
Document Type
Exhibit Admission
Machine summary. Not checked yet.Mandatory?
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.
Summary: In limine motions are typically due 45 days before trial.
Document Type
In Limine Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Lay witness opinion testimony requires same disclosure as expert witnesses.
Document Type
Trial Preparation
Machine summary. Not checked yet.Mandatory?
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.
Summary: Depositions must be used for essential witnesses who may be unavailable at trial.
Document Type
Trial Preparation
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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.
Summary: Litigants must remain near courthouse during jury deliberations.
Document Type
Trial Availability
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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.
Summary: Exhibits generally available to jury unless good cause shown.
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
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.
Summary: Submission Notice must be filed on CM/ECF, but memorandum itself need not be.
Document Type
Sentencing Memorandum
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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.
Summary: Sentencing materials must be submitted directly to Court and copied to counsel and probation department.
Document Type
Sentencing Memorandum
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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.
Summary: Moving submissions must be served to Court at least 10 business days before sentencing.
Document Type
Sentencing Memorandum
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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.
Summary: Public/press must file Request for Disclosure within 48 hours of Submission Notice.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
The responsive party’s submission (a “Responsive Submission”) to any related motions... no fewer than five (5) business days prior to the sentencing date.
Summary: Responsive submissions must be served to Court at least 5 business days before sentencing.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Important?
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.
Summary: Hypothetical questions for expert witnesses must be submitted to court and opposing counsel
Document Type
Hypothetical Questions
Machine summary. Not checked yet.Important?
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.
Summary: Judge prefers model-based jury instructions and disfavors case-specific facts; include facts in summations instead.
Document Type
Jury Instructions
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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).
Summary: Trial date takes precedence over other matters.
Document Type
Trial Appearance
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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.
Summary: Transcripts not available for jury deliberations.
Document Type
Jury Instructions
Machine summary. Not checked yet.Important?
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.
Summary: Peremptory challenges must be announced while standing; only one pass allowed without forfeiture.
Document Type
Peremptory Challenge
Machine summary. Not checked yet.Important?
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.
Summary: Litigants are responsible for equipment and must have backup plans.
Document Type
Trial Equipment
Machine summary. Not checked yet.Important?
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.
Summary: Requests after 48 hours may not be considered before sentencing.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Important?
Judge Salas will not ordinarily permit the defendant or counsel for either party to review the Probation Department's recommendations regarding sentencing.
Summary: Defendant and counsel are not ordinarily permitted to review Probation Department's sentencing recommendations.
Document Type
Probation Report
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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.
Summary: Example voir dire questions provided; litigants should use similar format.
Document Type
Voir Dire Questions
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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.
Summary: Prepared voir dire script provided for counsel review before selection.
Document Type
Voir Dire Script
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The meeting will include (but will not be limited to) marking exhibits and previewing objections, discussing the voir dire, and discussing jury instructions.
Summary: Pretrial meeting covers exhibits, objections, voir dire, and jury instructions.
Document Type
Pretrial Meeting
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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.
Summary: Pretrial housekeeping meeting required before jury selection.
Document Type
Pretrial Meeting
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Instead of separate submissions from the litigants, Judge Salas requires one combined submission, identifying any questions in dispute.
Summary: Combined voir dire question submission required instead of separate submissions.
Document Type
Voir Dire Questions
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The jurors will be able to rely on their collective memory about the testimony and other evidence when the jury is deliberating.
Summary: Jurors rely on collective memory during deliberations.
Document Type
Jury Instructions
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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.
Summary: Note-taking distracts jurors from witness testimony.
Document Type
Jury Instructions
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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.
Summary: Different attorneys may give opening and summation, but each must provide the full argument.
Document Type
Opening Summation
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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.
Summary: Opening statements: 20-30 minutes; summations: 30-45 minutes.
Document Type
Opening Statement
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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.
Summary: Multiple attorneys may examine different witnesses or argue different points, but only one attorney per party may examine the same witness.
Document Type
Witness Examination
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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.
Summary: Motions for judgment as a matter of law or involuntary dismissal should be in writing; oral argument permitted.
Document Type
Judgment Motion
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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.
Summary: Court sets timeframe for proposed findings of fact and conclusions of law based on complexity.
Document Type
Proposed Findings Conclusions
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In most cases, Judge Salas will provide jurors with copies of the instructions.
Summary: Judge Salas typically provides jurors with written instructions.
Document Type
Jury Instructions
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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.
Summary: Sanitized transcript may be provided to jury with litigant consent.
Document Type
Transcript
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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.
Summary: Judge Salas typically charges jury before closing arguments.
Document Type
Jury Instructions
Filing & Service rules
Courtesy Copy Requirements
Three bench books of exhibits must be delivered to the judge for trial.
[COPIES OF EXHIBITS ARE TO BE MADE FOR OPPOSING COUNSEL, AND (3) THREE BENCH BOOKS OF EXHIBITS ARE TO BE DELIVERED TO THE JUDGE IN ACCORDANCE WITH "JUDGE ESTHER SALAS'S GENERAL PRETRIAL AND TRIAL PROCEDURES."]
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Page 5 | FINAL PRETRIAL ORDER
Two courtesy copies of trial materials due 45 days before trial.
JURY TRIALS—[Litigants should send to Chambers two (2) courtesy copies of the following materials. Submissions should be tabbed and spiral bound (not Velo-bound). The materials should also be sent to the Court on a disc in Microsoft Word format. These materials are due no later than forty-five (45) days prior to trial (or as otherwise ordered by the Court). For clarification on the below, the parties are required to consult Part II.I.1-4 of "Judge Esther Salas's General Pretrial and Trial Procedures."]
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Page 6 | FINAL PRETRIAL ORDER
Courtesy copies of motions are not required unless otherwise advised.
Judge Salas requires strict compliance with the length limitations and format requirements for briefs set forth in Local Rule 7.2. Courtesy copies of motions need NOT be submitted to the Court unless otherwise advised by Judge Salas's staff.
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Page 7 | D. Chambers Copy of Motions
Sealing & Redaction Procedures
Redactions must be made before disclosure regardless of party agreement.
All proposed redactions to the Sentencing Materials shall be made prior to disclosure regardless of whether the parties to the underlying criminal matter agree on all the redactions.
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Page 20 | Sentencing Memoranda
Counsel must meet and confer to determine redactions after Request for Disclosure.
Upon a Request for Disclosure, Counsel of Record is required to meet and confer to determine what non-public information should be redacted from the Sentencing Materials in accordance with subsection iii below.
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Page 20 | Sentencing Memoranda
Redactions must be sufficient to prevent content from being apparent from surrounding context.
All redactions should be sufficient to ensure that the content of the redacted information is not apparent from the context of the surrounding text
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Page 21 | Presumptively Non-Public Information
Presumptively non-public information includes PSR references, victim/witness names, sensitive personal data, and law enforcement investigation information.
Presumptively Non-Public Information includes the following: references to the Presentence Report (“PSR”); names of victims, witnesses, and other individuals whose identity is not already known to the public; statements made by the defendant and others that was not previously disclosed; sensitive personal information concerning the defendant and others, including but not limited to medical or psychological reports and data; personal identifying information such as addresses, social security numbers, account numbers, and dates of birth; and information obtained during the course of a Grand Jury or law enforcement investigation that was not previously disclosed.
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Page 21 | Presumptively Non-Public Information
Public/press must file written request for access to redacted sentencing materials with 5-page limit, parties respond within 2 days (5-page limit).
A member of the public or the press who wishes to have access to portions of the redacted sections of the Sentencing Materials shall advise the Court, via a written submission on the docket (or if unrepresented by counsel, via e-mail to the Courtroom Deputy and all Counsel of Record) that it seeks access to redactions contained within the Sentencing Materials. Such written submission shall identify the name of the requesting party, the name of counsel for the requesting party, if any, the specific portions of the sentencing memoranda sought to be disclosed, and any legal arguments supporting disclosure (not to exceed to 5 pages). Within two days of such written submission, the parties shall electronically file a response (not to exceed 5 pages).
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Page 21 | Disclosure is filed on the docket
Letters attached to sentencing memoranda must be grouped as single document; letters sent directly to Court are presumptively confidential.
When letters are attached to a sentencing memorandum, those letters should be grouped together as attachments to a single document. Any letters sent directly to the Court and not attached as an exhibit to a sentencing memorandum will be presumptively deemed confidential unless and until ruled otherwise by Judge Salas.
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Page 21 | Presumptively Non-Public Information
Magistrate Judge handles motions to seal.
The Magistrate Judge handles motions to seal.
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Page 7 | E. Motions ii. Motions to Seal
Filing Bundling Requirements
Out-of-town cases scheduled same as local cases.
Other than in rare and exceptional circumstances, Judge Salas schedules the trial of cases involving out-of-town litigants, parties, or witnesses the same as all other cases, leaving the scheduling of witnesses to litigants.
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Page 13 | i. Scheduling
Pre-Motion Conference Requirements
All pre-trial motions including Daubert and in limine motions must be fully briefed and filed 45 days before trial.
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.
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Page 3 | FINAL PRETRIAL ORDER
Formal motions require leave of court except as permitted by Local Rule 12.1.
Except as permitted by Local Rule 12.1, no formal motions may be filed without leave of Court.
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Page 7 | E. Motions i. General
Reply briefs are prohibited for certain motion types unless Court permits.
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.
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Page 9 | Reply and Sur-Reply Briefs
TRO requests require prompt hearing and pre-hearing conference.
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.
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Page 10 | Motions Seeking Emergent Relief
Motion practice follows Local Civil Rule 7.1 except as specified.
Except as set forth here, motion practice will be conducted in accordance with Local Civil Rule 7.1.
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Page 8 | E. Motions iv. General Motion Practice
Adjournment & Extension Requirements
Oral extension requests must be accompanied by CM/ECF filing
The Court will not accept oral requests for extensions over the phone or via fax without a corresponding request via CM/ECF.
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Page 3 | B. Correspondence with the Court
Detailed basis and opposition status required for other continuance/extension requests.
Any other request for a continuance or extension should set forth in detail the basis for the request and whether the request is agreed to or opposed by the other litigant(s).
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Page 8 | G. Continuances and Extensions
Extensions over 2 weeks require compelling reasons and advance notice.
A request for an extension or continuance of longer than two (2) weeks regarding the trial date, a discovery cutoff date, or the deadline for filing dispositive motions must be made sufficiently prior to the due date to allow time for the Court to consider it and should set forth compelling reason(s) for the relief sought.
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Page 8 | G. Continuances and Extensions
Defense counsel must submit defendant's written agreement to continuance request at least 10 business days before sentencing.
Defense counsel will be expected to consult with their client and set forth in papers submitted to the Court their client's position with respect to any request for a continuance. The defendant's written agreement with the request must be submitted to the Court at the time of the defense motion to arrive no later than ten (10) business days before sentencing.
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Page 22 | Continuances
No last-minute (less than 48 hours) cancellation/rescheduling requests without emergencies.
The Court endeavors to provide litigants with appropriate advance notice of scheduled hearings, arguments, and conferences—and expects litigants to refrain from last minute (i.e., less than 48 hours) requests to cancel, postpone, or reschedule such matters in the absence of actual emergencies.
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Page 6 | Telephone Correspondence with the Court
Short continuances (2 weeks or fewer) granted with all parties' agreement.
Generally, Judge Salas will grant a short (i.e., two weeks or fewer) continuance or extension that will not affect discovery dates, motion-decision dates, hearing dates, or trial dates, if requested with the agreement of all litigants.
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Page 8 | G. Continuances and Extensions
Unopposed requests by letter must be filed via CM/ECF.
An unopposed request may be made by letter to the Court and should include the reasons for the request. All such letters—as with all correspondence with the Court—should be filed electronically via CM/ECF.
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Page 8 | G. Continuances and Extensions
Chambers Communication Rules
Cannot justify conduct by claiming law clerk or deputy said so
Communications from litigants purporting to justify litigants’ conduct because 'Your Honor’s law clerk [or Deputy] said . . .' are highly disfavored and are never appropriate as an explanation of litigants’ strategic or tactical choices.
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Page 4 | D. Communication with Law Clerks
Court will refuse telephone conferences for participants who are discourteous.
Failure to observe basic telephone courtesy will result in the Court’s refusal to use telephone conferences in matters involving the offending participants.
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Page 5 | Telephone Correspondence with the Court
Must consult relevant rules and docket before contacting court
Before corresponding with the Court, litigants must consult the relevant rules for the Third Circuit, the District of New Jersey, this document, and the docket on the CM/ECF system. Only after doing so is it appropriate to contact the Court.
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Page 3 | B. Correspondence with the Court
Phone calls to chambers must provide name, case number, party represented, and question
When litigants call Chambers, they should let the Court know (1) their name(s); (2) the case name and civil action number on which they are calling; (3) the party(ies) they represent; and (4) their question.
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Page 4 | C. Telephone Correspondence with the Court
Limited communication with law clerks only for administrative matters or emergencies
Judge Salas permits limited communications with her law clerks. Unless directed otherwise by the Court, litigants should never contact law clerks for advice on substantive or procedural matters other than of a very rudimentary nature (such as to confirm the Court’s administrative policies and procedures or to alert the Court of some actual emergency that cannot be timely handled by conventional correspondence or formal filings).
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Page 4 | D. Communication with Law Clerks
Participants must identify themselves and speak clearly during telephone conferences.
Litigants are reminded to be especially careful to avoid being discourteous during telephone conferences by failing to listen to other speakers, failing to identify themselves prior to each statement, failing to speak loudly or slowly enough to be heard, etc.
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Page 5 | Telephone Correspondence with the Court
Immediate notification required for trial conflicts.
Litigants should notify the Court and opposing counsel immediately upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule.
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Page 13 | iii. Conflicts of Litigants
Pretrial housekeeping conference scheduled before Judge Salas.
a pretrial housekeeping conference is scheduled before Hon. Esther Salas on [date]
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Page 1 | FINAL PRETRIAL ORDER
Scheduling matters should be directed to Courtroom Deputy
Communications with the Court about scheduling matters should be directed to Judge Salas’s Courtroom Deputy.
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Page 4 | D. Communication with Law Clerks
Identify yourself during calls with multiple parties.
Again, in cases involving numerous parties, litigants should remember to identify themselves during the call so that Judge Salas knows who is talking.
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Page 5 | Telephone Correspondence with the Court
Moving party arranges telephone conferences and contacts chambers after all parties join.
Litigants will be notified of the date and time for the telephone conference. It will be the responsibility of litigants for the moving or initiating party to arrange the telephone conference and to contact Judge Salas’s Chambers after all litigants are present on the call unless otherwise advised by the Court.
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Page 5 | Telephone Correspondence with the Court
Speak slowly and spell your name during conference calls.
Therefore, please speak slowly and spell your name so that the Judge knows who is participating during the call.
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Page 5 | Telephone Correspondence with the Court
Provide names and spelling when contacting chambers for conference calls.
When litigants contact Chambers for a conference call, litigants should recognize that the individuals who answer the phone are asking for names and spelling for a reason. The Courtroom Deputy or law clerks are recording the names for purposes of organizing the call and streamlining discussion.
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Page 5 | Telephone Correspondence with the Court
Hearings and arguments scheduled ad hoc, no specific days set aside.
Judge Salas does not set aside specific days or times for oral argument, motions, or evidentiary hearings. Hearings and arguments are scheduled on an ad hoc basis as warranted.
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Page 6 | Telephone Correspondence with the Court
Contact Courtroom Deputy at least one week before trial to test equipment.
Should litigants wish to use equipment provided by the Court or to set up the Courtroom before their appearance to test the technology, please contact Judge Salas’s Courtroom Deputy at least one week prior to the start of trial.
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Page 15 | Trial Procedures
Junior Lawyer Participation Incentives
Junior lawyers (first 6 years) encouraged to present arguments.
Judge Salas strongly encourages parties to allow junior associate lawyers (i.e., lawyers in their first six years of practice) to present arguments whenever possible.
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Page 6 | Opportunities for Junior Lawyers
Advance notice for junior lawyer arguments may result in extra time and assistance.
If a party provides advance notice to the Court that a junior associate lawyer will present argument, Judge Salas may allow the junior associate lawyer extra time for argument, and may permit more experienced counsel to assist in the argument should the need arise.
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Page 6 | Opportunities for Junior Lawyers