Judge Evelyn Padin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- Upon Filing
Motion, Brief, Opposition, Reply, Notice Of Motion
- 1 copy • Upon Filing
Binding: Stapled
Adjournments
- Requests to cancel/postpone/reschedule hearings must be made at least 48 hours in advance unless an emergency exists.
- Continuances/extensions require good cause; short (≤2 weeks) unopposed requests may be granted, longer requests need compelling reasons and sufficient prior notice.
- Litigants must immediately notify the Court and opposing counsel of trial schedule conflicts; trial dates take precedence over other obligations except serious unanticipated emergencies.
Request must include
- All adjournment requests must be filed on the docket, state consent status of all parties, and medical adjournments require a healthcare professional's note.
- Defense counsel must consult with their client and state the client’s position on continuance requests in submitted papers.
Request must include
Communication
Chambers
Letter via ECF
Chambers
Phone
Chambers
Phone
Clerk
Page & Word Limits3 rules
Machine summary. Not checked yet.Mandatory?
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.
Summary: Sur-reply briefs, without good cause shown, must not exceed 10 pages and should not repeat case facts.
Sur Reply Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Within two days of such written submission, the parties shall electronically file a response (not to exceed 5 pages).
Summary: Parties must file a response to redaction access requests within two days, not exceeding 5 pages.
Response
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
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).
Summary: Written requests for redacted Sentencing Materials must include specific details and not exceed 5 pages; unrepresented parties use email, others use docket.
Written Submission
5 pages
Document Format Requirements8 rules
Machine summary. Not checked yet.Mandatory?
When submitting a USB drive, litigants may coordinate with the Courtroom Deputy to submit USB exhibits. Litigants should provide the USB in a folder that is labeled with the case name, case number, and the docket entry numbers that correspond to the files saved on the USB drive. All USB files should be clearly organized and labeled as the files are named in the briefs.
Summary: USB drives submitted to chambers must be in a labeled folder with organized, clearly named files.
Machine summary. Not checked yet.Mandatory?
Judge Padin also requires compliance with Local Rule 5.1(h) that all PDF filings be text searchable and at a minimum 400 dpi.
Summary: All PDF filings must be text searchable and at least 400 dpi.
Machine summary. Not checked yet.Mandatory?
The parties must submit, at least one week prior to trial—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: (1) the exhibit; (2) the opponent’s objection (a very short statement containing the relevant rule and/or concept); and (3) the proponent’s rationale for admissibility (e.g., the relevance rationale or on-point hearsay exception).
Summary: Joint exhibit list must be in hard copy and Word format, as a three-column chart, submitted at least one week prior to trial.
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: Proposed jury instructions must be double-spaced, include footnoted citations to specific authority, and accurately quote cited authorities with pinpoint references.
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 bolded and underlined and deletions should be noted with strikethrough font.
Summary: Submitting parties must state if model jury instructions are unchanged or modified; modified instructions require bolded/underlined additions and strikethrough deletions.
Machine summary. Not checked yet.Mandatory?
The Court will generally require litigants to submit a joint submission of proposed findings of fact in column format as follows: (1) in each column, litigants must provide consecutively numbered paragraphs with headings and subheadings to indicate issues and sub-issues; (2) litigants must indicate which facts are agreed upon; and (3) litigants must include specific reference to testimonial or documentary evidence in support of the proposals.
Summary: Proposed findings of fact must be submitted jointly in column format with numbered paragraphs, agreed facts indicated, and references to supporting evidence.
Machine summary. Not checked yet.Important?
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 where possible.
Summary: Motions for judgment as a matter of law (jury trials) and involuntary dismissal (non-jury trials) should be in writing where possible.
Paper
Machine summary. Not checked yet.Note?
When letters are attached to a sentencing memorandum, those letters should be grouped together as attachments to a single document.
Summary: Letters attached to a sentencing memorandum should be grouped as a single document.
Document Filing Requirements13 rules
Machine summary. Not checked yet.Mandatory?
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.
Summary: 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.
Document Type
Court Filing
Machine summary. Not checked yet.Mandatory?
Counsel should file a notice of appearance prior to appearing at a telephone conference or they will not be permitted to speak.
Summary: Notice of appearance must be filed before participating in a telephone conference.
Document Type
Notice Of Appearance
Machine summary. Not checked yet.Mandatory?
Additionally, the Court will not consider any assertion of a fact that is not supported by a pinpoint citation to the record.
Summary: Summary judgment fact assertions must include pinpoint citations to the record to be considered.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
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.
Summary: Movant must file a 56.1 statement of material facts with separately numbered paragraphs and record citations, or motion will be dismissed.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
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.
Summary: Opposing party must file responsive 56.1 statement, or moving party’s facts will be deemed undisputed.
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Mandatory?
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.
Summary: Emergent relief motions must detail prior efforts to resolve issue with opposing party, unless true emergency.
Document Type
Emergent Relief Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Litigants must provide an index of exhibits accompanying summary judgment papers, including docket entry locations and exhibit names.
Document Type
Summary Judgment Papers
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed findings of fact and conclusions of law required for TRO and injunction hearings, timing set at pre-hearing conference.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
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.
Summary: 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.
Document Type
Voir Dire Questions
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: Litigants must submit a combined neutral statement of facts with disagreements split into two columns (Plaintiff/Prosecution left, Defendant right).
Document Type
Neutral Statement Of Facts
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed jury instructions, final jury instructions, and verdict sheets must be combined submissions with disagreements split into two columns.
Document Type
Proposed Jury Instructions
Machine summary. Not checked yet.Important?
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.
Summary: Letter-motions are disfavored in criminal cases; if submitted, they must include attorney certifications.
Document Type
Letter Motion
Machine summary. Not checked yet.Note?
The Court prefers that character letters submitted on behalf of a defendant be notarized by the letter’s author, though notarization is not mandatory.
Summary: Court prefers notarized character letters, but notarization is not required.
Document Type
Character Letter
Filing & Service rules
Electronic Filing Rules
All correspondence with the Court, including continuance/extension requests, must be filed electronically via CM/ECF.
All such letters—as with all correspondence with the Court—should be filed electronically via CM/ECF.
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Page 6 | E. Motions iii. Continuances and Extensions
All court communications in criminal cases must be filed on CM/ECF; email to Chambers is not accepted.
Motions, letters, scheduling requests, and all other communications with the Court must be filed on the CM/ECF docket. Email requests sent to Chambers will not be considered.
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Page 14 | III. CRIMINAL CASES > A. Communication with the Court
A Submission Notice must be filed via CM/ECF on the prescribed form; sentencing memoranda need not be filed on CM/ECF.
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.
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Page 15 | E. Sentencing Memoranda ii. Submissions
Motions for home confinement or bracelet monitoring relief must be filed electronically on the CM/ECF (ECF) system.
Any motion for relief must be filed on the CM/ECF docket no later than 7 days prior to date of the requested modification (e.g., release to family for special occasions, medical appointments, etc.).
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Page 17
Filing Timing and Cure Windows
Submitting a pre-motion letter tolls the deadline to file the motion until the pre-motion conference or Court decision; additional 7 days if no conference held.
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.
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Page 6 | E. Motions i. Pre-Motion Conference in Civil Cases
Permitted sur-reply briefs must be filed and served within 7 days of service of the brief they respond to, unless the Court sets a different schedule.
Permitted 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.
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Page 7 | vi. Reply and Sur-Reply Briefs
Joint exhibit list must be submitted at least one week prior to trial.
The parties must submit, at least one week prior to trial—in hard copy and in Word Format—a consolidated/combined joint exhibit list to minimize the duplication of the exhibits.
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Page 8 | H. Pretrial Combined Submissions (In Hard Copy and Microsoft Word Format) i. Exhibit Lists and Bench Books
In limine motions are typically due 45 calendar days before trial.
Typically, in limine motions are due forty-five (45) days before trial.
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Page 11 | xii. In Limine Motions
Trial briefs must be submitted no later than 45 calendar days before trial.
Generally, Judge Padin requires the submission of trial briefs no later than forty- five (45) days before trial.
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Page 11 | xi. Trial Briefs
Plea-related documents must be submitted to Chambers at least two weeks before the plea date.
All plea-related documents shall be submitted to Chambers at least two weeks prior to the plea date.
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Page 15 | D. Pleas
Proposed redactions to Sentencing Materials must be filed via CM/ECF within 48 hours after Request for Disclosure is filed.
All proposed redactions to the Sentencing Materials shall be made prior to disclosure regardless of whether the parties to the underlying criminal via CM/ECF within 48 hours after the Request for Disclosure is filed on the docket.
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Page 15 | E. Sentencing Memoranda ii. Submissions
Requestors must submit a Request for Disclosure within 48 hours of receiving the 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.
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Page 15 | E. Sentencing Memoranda ii. Submissions
Defendant’s written agreement to a continuance must be submitted no later than 10 business days before sentencing.
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 16 | G. Continuances
Parties must file a response to redaction access requests within two days of the written submission.
Within two days of such written submission, the parties shall electronically file a response (not to exceed 5 pages).
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Page 16 | E. Sentencing Memoranda ii. Submissions
Motions for home confinement or bracelet monitoring relief must be filed on CM/ECF at least 7 days before the requested modification date, with non-compliance resulting in denial absent extenuating circumstances.
Any motion for relief must be filed on the CM/ECF docket no later than 7 days prior to date of the requested modification (e.g., release to family for special occasions, medical appointments, etc.). Failure to comply with this deadline, absent extenuating circumstances, will result in a denial of the request.
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Page 17
The Court sets submission timeframes for proposed findings of fact and conclusions of law in non-jury cases based on case 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.
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Page 12 | xviii. Proposed Findings of Fact and Conclusions of Law
Service and Proof of Service Rules
All litigants must receive a contemporaneous copy of all correspondence sent to the Court.
All litigants should be sent a contemporaneous copy of all correspondence sent to the Court.
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Page 3 | D. Correspondence with the Court
All documents intended for the Court or jury must first be handed to the Courtroom Deputy.
Any and all documents to be provided to the Court or viewed by the jury should first be handed to the Courtroom Deputy.
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Page 10 | J. Trial Procedure v. Documents and Exhibits
Lay witness opinion testimony on liability or damages requires serving opposing parties with expert-witness-equivalent information at expert report deadline.
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.
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Page 13 | xx. Lay Witness Opinion
Responsive Submissions to sentencing-related motions must be submitted and served no fewer than one week before sentencing.
The responsive party’s submission (a “Responsive Submission”) to any related motions shall be submitted and served, in accordance with the procedures set forth in subsection ii below, no fewer than one week prior to the sentencing date.
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Page 15 | E. Sentencing Memoranda i. Timing
All Sentencing Materials must be submitted directly to the Court.
All sentencing memoranda, supporting exhibits, and correspondence (collectively, the “Sentencing Materials”), shall be submitted directly to the Court.
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Page 15 | E. Sentencing Memoranda ii. Submissions
Moving Submissions for sentencing variances, downward departures, or mitigation must be served on the Court no fewer than two weeks 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 two weeks prior to the sentencing date.
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Page 15 | E. Sentencing Memoranda i. Timing
Unrepresented Requestors must submit redaction access requests via email to Courtroom Deputy and Counsel; represented parties use the 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.
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Page 16 | E. Sentencing Memoranda ii. Submissions
Submitting parties should furnish copies of Sentencing Materials to all Counsel of Record and the U.S. Probation Department.
The submitting party is also expected to furnish copies to all Counsel of Record and the United States Probation Department.
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Page 15 | E. Sentencing Memoranda ii. Submissions
Courtesy Copy Requirements
One single-sided stapled courtesy copy of motion papers required, unless materials exceed one large binder (submit via USB instead).
Litigants should submit one courtesy copy of all motion papers to the Court, unless the materials comprise more than one large binder, in which case they should be submitted on a USB drive. The courtesy copies should be single-sided and stapled.
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Page 5 | D. Chambers Courtesy Copies of Motions
Sealed motion papers require submission of a USB drive with all motion papers and related filings.
If any motion papers are filed under seal, litigants should provide a USB drive with all motion papers and related filings.
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Page 5 | D. Chambers Courtesy Copies of Motions
Sealing & Redaction Procedures
Sealed or sentencing materials may be emailed to Chambers if copying chambers email and filing a redacted version on CM/ECF.
If a party believes it is necessary to email Chambers instead of filing on the CM/ECF docket (e.g., sentencing material submissions or sealed documents), they must copy Judge Padin’s chambers (chambers_of_judge_evelyn_padin@njd.uscourts.gov) on their email, and a redacted version of the materials must be filed on the docket.
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Page 14 | III. CRIMINAL CASES > A. Communication with the Court
Counsel of Record must meet and confer to determine redactions upon 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 15 | E. Sentencing Memoranda ii. Submissions
Counsel must redact Presumptively Non-Public Information prior to e-filing, including PSR references, victim names, and personal data.
Counsel of Record during the meet and confer process should take great care to redact Presumptively Non-Public Information prior to e-filing on CM/ECF. Presumptively Non-Public Information includes the following: references to the Presentence Report (“PSR”); names of victims, witnesses, and other individuals whose identity and roles were not previously disclosed; information regarding cooperation 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. 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 16 | E. Sentencing Memoranda iii. Presumptively Non-Public Information
Defendant and counsel are ordinarily not permitted to review Probation Department sentencing recommendations.
Judge Padin will not ordinarily permit the defendant or counsel for either party to review the Probation Department’s recommendations regarding sentencing.
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Page 16 | F. Probation Reports
Letters sent directly to the Court not attached to a sentencing memorandum are presumptively confidential.
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 Padin.
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Page 16 | E. Sentencing Memoranda iii. Presumptively Non-Public Information
Motions to seal are handled by the assigned Magistrate Judge.
The assigned Magistrate Judge handles motions to seal.
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Page 6 | E. Motions ii. Motions to Seal
Filing Bundling Requirements
Parties must refrain from filing summary judgment briefs until all briefing is complete, then file consecutively in order of moving papers, oppositions, replies.
The parties shall refrain from filing the aforementioned documents until all briefing is complete. At that point, the parties should consecutively file the moving papers, oppositions, and replies thereto on the docket (i.e., the moving papers should be docketed before the corresponding oppositions, and the oppositions should be docketed before the corresponding replies).
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Page 8 | F. Summary Judgment Motions
Pre-Motion Conference Requirements
Pre-motion letter (max 3 single-spaced pages) required before specified civil motions; adversaries have 7 days to respond (max 3 pages).
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.
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Page 5 | E. Motions i. Pre-Motion Conference in Civil Cases
Reply papers are prohibited for cross-motions, reconsideration, case management, and discovery motions unless the Court permits otherwise.
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.
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Page 7 | vi. Reply and Sur-Reply Briefs
Sur-replies are prohibited without prior permission and discouraged unless necessary to rebut new issues.
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.
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Page 7 | vi. Reply and Sur-Reply Briefs
No briefs other than those permitted may be filed without leave of court for good cause shown.
No other briefs may be filed without leave of Court for good cause shown.
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Page 7 | vi. Reply and Sur-Reply Briefs
Party anticipating expert exclusion argument must raise issue to Court to determine motion filing timing relative to summary judgment.
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).
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Page 8 | F. Summary Judgment Motions
Party must request conference with magistrate judge to resolve 56.1 statement non-compliance disputes.
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.
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Page 8 | F. Summary Judgment Motions
Submission dates for in limine motions are set during an initial telephone conference with Judge Padin after the Magistrate Judge’s final pretrial conference.
Submission dates for in limine motions are set during the initial telephone conference with Judge Padin following the Magistrate Judge’s final pretrial conference.
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Page 11 | xii. In Limine Motions
Initial pretrial conference held after answer/dispositive motion; final pretrial conference after discovery, using Magistrate Judge's proposed form.
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.
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Page 4 | II. CIVIL CASES A. Pretrial Procedures and Final Pretrial Conference with Magistrate Judge
Adjournment & Extension Requirements
Requests to cancel/postpone/reschedule hearings must be made at least 48 hours in advance unless an emergency exists.
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 4 | H. Oral Arguments and Evidentiary Hearings
Continuances/extensions require good cause; short (≤2 weeks) unopposed requests may be granted, longer requests need compelling reasons and sufficient prior notice.
Litigants should expect the Court to maintain the dates contained in the Scheduling Order, unless there is good cause to justify a change. Generally, Judge Padin 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. 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). 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. 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 6 | E. Motions iii. Continuances and Extensions
Litigants must immediately notify the Court and opposing counsel of trial schedule conflicts; trial dates take precedence over other obligations except serious unanticipated emergencies.
Litigants should notify the Court and opposing counsel immediately upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule. 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).
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Page 11 | viii. Conflicts of Litigants
All adjournment requests must be filed on the docket, state consent status of all parties, and medical adjournments require a healthcare professional's note.
Any request for an adjournment—including of filing deadlines and court appearances—must be filed on the docket. For all adjournment requests, the attorney(s) submitting the request must represent whether they obtained consent from all parties for the request, and if consent is not obtained, inform the Court that consent was sought. Requests for adjournments for medical reasons must be accompanied by a note from a healthcare professional.
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Page 14 | III. CRIMINAL CASES > A. Communication with the Court
Defense counsel must consult with their client and state the client’s position on continuance requests in submitted papers.
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.
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Page 16 | G. Continuances
Chambers Communication Rules
Phone calls to the Court are only permitted for emergencies.
Calls to the Court should be reserved for emergencies.
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Page 3 | E. Telephone Correspondence with the Court
Communications requesting Court input must state efforts to confer with opposing parties.
Every communication requesting the Court’s input must indicate the requesting party’s efforts to first confer with the other party(ies) to resolve the matter.
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Page 3 | D. Correspondence with the Court
Communications with the Court must be via CM/ECF, not fax, email, or phone to chambers.
In general, communications with the Court should be made through the CM/ECF, not by fax, email, or phone call to chambers.
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Page 3 | D. Correspondence with the Court
Any email to Chambers must copy the specified chambers email address.
If a party emails Chambers, they must copy chambers_of_judge_evelyn_padin@njd.uscourts.gov on all correspondences.
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Page 3 | D. Correspondence with the Court
Law clerk communications are limited to administrative matters; no substantive/procedural advice except rudimentary.
Judge Padin permits limited communications with her law clerks solely regarding administrative matters. 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
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Page 3 | F. Communication with Law Clerks
Written communications requesting Court action must include situation description, opposing party position, and specific relief sought.
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.
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Page 3 | D. Correspondence with the Court
Routine scheduling matters (e.g., brief extensions) must be submitted via CM/ECF with maximum advance notice.
To the extent you wish to contact the Court on a routine scheduling matter (e.g., an extension for the submission of a brief), please do so via CM/ECF with as much advance notice as possible.
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Page 3 | D. Correspondence with the Court
Non-correspondence communications with the Court must be via formal filing of pleadings, motions, etc.
All other communications with the Court should be made by the formal filing of pleadings, motions, applications, briefs, or legal memoranda.
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Page 3 | D. Correspondence with the Court
Callers must provide name, case details, represented party, and question when calling the Court.
Callers 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 3 | E. Telephone Correspondence with the Court
Discovery/non-dispositive correspondence goes to Magistrate Judge; dispositive/trial/oral argument correspondence to Judge Padin.
In general, and unless otherwise directed by the Court, all discovery-related correspondence, as well as any correspondence related to non-dispositive motions, should be addressed to the Magistrate Judge assigned to the case. All correspondence related to dispositive motions, trials, and related oral arguments should be addressed to Judge Padin.
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Page 3 | D. Correspondence with the Court
Litigants must review the docket before contacting the Court.
Please review the docket before contacting the Court, as litigants’ questions can often be answered by reviewing the docket.
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Page 3 | E. Telephone Correspondence with the Court
Scheduling communications should be directed to Judge Padin’s Courtroom Deputy.
formal filings). Communications with the Court about scheduling matters should be directed to Judge Padin’s Courtroom Deputy.
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Page 4 | F. Communication with Law Clerks
Max 2 attorneys per party, 1 attorney per side may address the Court during telephone conferences without prior permission.
Absent prior permission from the Court, parties are each limited to two attorneys each appearing at telephone conferences. Only one attorney per side will be permitted to address the Court during the call.
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Page 4 | G. Telephone Conferences
Citing law clerk or Deputy statements to justify strategic/tactical choices is prohibited.
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 | F. Communication with Law Clerks
Parties emailing Chambers for sealed or sentencing materials must copy the chambers email address.
If a party believes it is necessary to email Chambers instead of filing on the CM/ECF docket (e.g., sentencing material submissions or sealed documents), they must copy Judge Padin’s chambers (chambers_of_judge_evelyn_padin@njd.uscourts.gov) on their email, and a redacted version of the materials must be filed on the docket.
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Page 14 | III. CRIMINAL CASES > A. Communication with the Court
Failure to observe telephone courtesy results in exclusion from future telephone conferences.
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 4 | G. Telephone Conferences
Correspondence advising of settlement/dismissal or Court-requested matters is allowed via CM/ECF.
Direct correspondence to advise the Court that a case has been settled or dismissed is also appropriate, as is correspondence on any matter when specifically requested by the Court.
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Page 3 | D. Correspondence with the Court
Pro hac vice admission requests are handled by the assigned Magistrate Judge per Local Civil Rule 101.1(c).
Please refer to Local Civil Rule 101.1(c). These requests will generally be handled by the assigned Magistrate Judge.
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Page 4 | I. Pro Hac Vice Admissions
Telephone conferences are scheduled at the Court’s discretion for scheduling/extensions/disputes; litigants are notified of details.
Telephone conferences with all litigants may be used at the Court’s discretion to resolve scheduling matters, time extensions, or other disputes. Litigants will be notified of the date and time for the telephone conference.
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Page 4 | G. Telephone Conferences
Oral arguments, motions, and evidentiary hearings are scheduled ad hoc with no set days/times.
Judge Padin 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.
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Page 4 | H. Oral Arguments and Evidentiary Hearings
Jury may have a copy of the redacted indictment; redaction questions during deliberation should be directed to the Courtroom Deputy.
Generally, Judge Padin does permit the jury to have a copy of the redacted indictment. During deliberation, any question regarding what to redact should be made to the Courtroom Deputy.
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Page 15 | General
Requestors are encouraged to contact chambers to confirm receipt of their Request for Disclosure.
A Requestor or the Requestor’s attorney is encouraged to contact Judge Padin’s chambers to confirm that their Request for Disclosure has been received by the Court.
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Page 15 | E. Sentencing Memoranda ii. Submissions
Junior Lawyer Participation Incentives
Junior attorneys (first 6 years of practice) presenting argument may increase likelihood of oral argument, and more experienced counsel may assist if needed.
Judge Padin strongly encourages parties to allow junior attorneys (i.e., attorneys in their first six (6) years of practice) to present arguments whenever possible. If a party provides advance notice to the Court that a junior attorney will present argument, Judge Padin may be more inclined to permit oral argument, and may permit more experienced counsel to assist in the argument should the need arise.
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Page 7 | H. Oral Arguments and Evidentiary Hearings