Judge Julien Xavier Neals
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- Upon request
Adjournments
- Adjournment/extension requests must include specific required elements.
- Extension requests affecting other dates must propose changes to all deadlines.
Request must include
- Moving submissions due 10 business days before sentencing; responsive submissions due 5 business days before.
Communication
Letter via ECF
Chambers
Letter via ECF
Clerk
Chambers
Electronic Devices
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
The Court does not permit filing summary judgment motions in ANDA patent cases. A party may, however, submit a letter to the Court, not to exceed three (3) single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues.
Summary: Summary judgment motions prohibited in ANDA patent cases; waiver letter allowed (max 3 single-spaced pages).
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
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: Response to waiver letter must be filed within 5 business days (max 3 single-spaced pages).
Structured details unavailable. See the source text.
Document Format Requirements2 rules
Machine summary. Not checked yet.Mandatory?
All parties, with the exception of pro se litigants, shall file all documents, in both civil and criminal matters, electronically via CM/ECF. All papers electronically filed shall be submitted in a text-searchable PDF format to the extent possible.
Summary: All parties except pro se must file electronically via CM/ECF in text-searchable PDF format.
Machine summary. Not checked yet.Mandatory?
Judge Neals requires compliance with the page limitations and format requirements for briefs outlined in Local Civil Rule 7.2.
Summary: Summary judgment motions must comply with Local Civil Rule 7.2 page and format requirements.
Document Filing Requirements24 rules
Machine summary. Not checked yet.Mandatory?
If any relief is being sought, a proposed order must accompany the CM/ECF filing.
Summary: Proposed order required with any motion seeking relief.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
In all matters in which the complaint contains a RICO claim, pursuant to 18 U.S.C. §§ 1961-1968, the plaintiff(s) must file a RICO Case Statement within thirty (30) days of filing the complaint, in accordance with Appendix O of the Local Rules & Appendices found here.
Summary: RICO case statement required within 30 days of complaint filing.
Document Type
Rico Case Statement
Machine summary. Not checked yet.Mandatory?
Motions for summary judgment must be accompanied by a statement of material fact. Each fact must include a citation to the record evidence with a pin cite that supports that fact. Facts without citation to record evidence may be disregarded by the Court.
Summary: Summary judgment motions require statement of material facts with citations.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
All motions for default judgment under Federal Rule of Civil Procedure 55(b)(2) shall include a brief that addresses each of the elements necessary to support the entry of a final judgment by default.
Summary: Default judgment motions must include brief addressing all required elements.
Document Type
Default Judgment Motion
Machine summary. Not checked yet.Mandatory?
If a summary judgment motion is opposed, the opposing party shall set forth, in a single document, each paragraph of the moving party's statement of material facts. Directly below each paragraph, the opposing party shall denote whether that fact is disputed or undisputed. If the fact is disputed, the opposing party must include a citation to record evidence with a pin-cite that supports the dispute. Any explanation must include a citation to record evidence with a pin cite.
Summary: Opposing summary judgment motions must respond to each fact with dispute status and citations.
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Mandatory?
If multiple counsel will be arguing on each side or the parties intend to introduce live witness testimony, two (2) days before the scheduled appearance, counsel shall file a joint letter in CM/ECF with the parties' proposed (a) order of presentation for each party or issue and (b) division of the allotted argument time for each counsel and party.
Summary: Joint letter required 2 days before oral argument for multiple counsel or witness testimony.
Document Type
Joint Letter For Oral Argument
Machine summary. Not checked yet.Mandatory?
Any responsive papers shall be submitted at least three (3) weeks before the start of trial.
Summary: Responsive papers must be submitted at least 3 weeks before trial.
Document Type
Responsive Papers
Machine summary. Not checked yet.Mandatory?
Each proposed charge shall include citations to the applicable authority using footnotes.
Summary: Jury charges must include citations in footnotes.
Document Type
Jury Charge
Machine summary. Not checked yet.Mandatory?
Counsel are to delineate in their submissions charges they wish to be given before trial, including a joint preliminary statement of the case, and charges they wish to be given at the close of trial.
Summary: Counsel must specify which charges to give before and after trial.
Document Type
Jury Charge
Machine summary. Not checked yet.Mandatory?
Four (4) weeks before trial, the parties shall submit in hard copy form and an electronic version, preferably in Word, via email to Judge Neals’s law clerk the following pre-trial submissions:
Summary: Pre-trial submissions due 4 weeks before trial in hard copy and electronic format.
Document Type
Pre Trial Submissions
Machine summary. Not checked yet.Mandatory?
Parties must consult with each other and with the Courtroom Deputy at the end of each trial date and compare notes as to which exhibits are in evidence and any limitations thereon.
Summary: Parties must consult with Courtroom Deputy daily about exhibits.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
Before the case goes to the jury, parties must confer with the Courtroom Deputy to ensure the exhibits going to the jury room are all in evidence and in good order.
Summary: Parties must confer with Courtroom Deputy before jury deliberation.
Document Type
Jury Deliberation Exhibits
Machine summary. Not checked yet.Mandatory?
Parties shall provide a revised list of all exhibits in evidence (and no others) stating the exhibit number and a brief, non-argumentative description.
Summary: Parties must provide revised exhibit list for jury room.
Document Type
Jury Deliberation Exhibit List
Machine summary. Not checked yet.Mandatory?
All Sentencing Memoranda, along with all supporting exhibits and correspondence (collectively, the “Sentencing Materials”), shall be submitted directly to the Court via email (njdnef_neals@njd.uscourts.gov). The submitting party is also expected to furnish copies to all Counsel of Record and the United States Probation Department. Although the submitting party is not required to file its memorandum on the Court’s CM/ECF system, it must file a notice via CM/ECF (a “Submission Notice”) on the form prescribed by the Clerk of the Court.
Summary: Sentencing memoranda must be emailed to judge with copies to counsel and probation department, plus CM/ECF notice.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Important?
Judge Neals will typically permit only one pass by a party without forfeiture.
Summary: Only one pass allowed without forfeiture of peremptory challenge.
Document Type
Peremptory Challenges
Machine summary. Not checked yet.Important?
Judge Neals does not send weapons, narcotics, currency, and similar items into the jury room.
Summary: Weapons, narcotics, currency not sent to jury room.
Document Type
Sensitive Exhibits
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Judge Neals provides jurors with a written copy of the jury charge.
Summary: Jurors receive written copy of jury charge.
Document Type
Jury Charge
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Judge Neals will generally charge the jury after counsel make their closing arguments.
Summary: Jury charge typically given after closing arguments.
Document Type
Jury Charge
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If jurors wish to see such an exhibit during deliberations, they are permitted to do so in the emptied courtroom with only a Deputy Marshal present.
Summary: Sensitive exhibits viewed in emptied courtroom with Deputy Marshal.
Document Type
Sensitive Exhibits
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thirty (30) to sixty (60) minutes should be adequate for an opening statement and summation in most non-complex cases.
Summary: 30-60 minutes recommended for opening statement and summation.
Document Type
Opening Statements Closing Arguments
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Judge Neals will ask any follow-up questions at sidebar.
Summary: Judge asks follow-up questions at sidebar.
Document Type
Jury Voir Dire
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Peremptory challenges are exercised in turn, with each side exercising one round of challenge(s) at a time.
Summary: Peremptory challenges exercised in alternating rounds.
Document Type
Peremptory Challenges
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Judge Neals typically attempts to obtain the agreement of litigants regarding time limits on opening statements and closing arguments.
Summary: Judge typically seeks agreement on time limits for opening/closing.
Document Type
Opening Statements Closing Arguments
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The prosecuting attorney and/or investigating agency is generally required to maintain custody of exhibits such as weapons, narcotics, or currency during trial.
Summary: Prosecuting attorney maintains custody of sensitive exhibits.
Document Type
Sensitive Exhibits
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies only provided by court request.
By request of the Court only.
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Page 1 | II. SUBMISSIONS
Courtesy copies of trial exhibits only if Court requests them.
The parties shall only send courtesy copies of trial exhibits if the Court requests them.
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Page 5 | D. Pre-trial Submissions
Sealing & Redaction Procedures
Sealed documents must comply with Local Civil Rule 5.1.
Any documents filed under seal shall comply with Local Civil Rule 5.1.
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Page 1 | II. SUBMISSIONS
Pre-Motion Conference Requirements
Pre-motion letter (max 3 single-spaced pages) required before certain motions.
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.
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Page 2 | IV. CIVIL MOTION PRACTICE
Response to pre-motion letter must be filed within 7 days (max 3 single-spaced pages).
Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages.
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Page 2 | IV. CIVIL MOTION PRACTICE
Affidavits and exhibits prohibited in pre-motion letters unless court directs otherwise.
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.
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Page 2 | IV. CIVIL MOTION PRACTICE
Reply letters to pre-motion correspondence only allowed if directed by court.
No party may submit a reply letter unless directed by the Court.
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Page 2 | IV. CIVIL MOTION PRACTICE
If no pre-motion conference, party gets 7 additional days to file motion after Rule 12(a) deadline.
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.
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Page 2 | IV. CIVIL MOTION PRACTICE
Pre-motion letter filing tolls deadline to file motion or answer.
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.
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Page 2 | IV. CIVIL MOTION PRACTICE
Pre-motion letter requirement does not apply to bankruptcy appeals, social security appeals, MDL cases, or pro se cases.
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.
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Page 2 | IV. CIVIL MOTION PRACTICE
Adjournment & Extension Requirements
Adjournment/extension requests must include specific required elements.
Requests for adjournments or extensions of time, other than those under Local Civil Rule 7.1(d)(5), must comport with Local Civil Rule 6.1 and include: (1) the date or dates sought to be extended; (2) the number of previous requests for extensions and the Court's rulings; (3) the basis for the current request; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
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Page 3 | MOTION DAYS/ORAL ARGUMENT
Extension requests affecting other dates must propose changes to all deadlines.
If the requested extension affects any other scheduled dates, the request must list the proposed change for all other dates/deadlines.
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Page 3 | MOTION DAYS/ORAL ARGUMENT
Moving submissions due 10 business days before sentencing; responsive submissions due 5 business days before.
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 no fewer than ten (10) business days before the sentencing date. The responsive party’s submission (a “Responsive Submission”) to any related motions shall be submitted and served no fewer than five (5) business days before the sentencing date.
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Page 7 | VIII. CRIMINAL CASES
Chambers Communication Rules
Pro se parties must file documents directly with Clerk's Office, not chambers.
Parties appearing pro se must file all documents, applications, and motions directly with the Clerk’s Office, not Judge Neals.
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Page 1 | II. SUBMISSIONS
All communications with chambers must be via CM/ECF letter filing; no hard copies allowed; pro se exempt.
All communications with Chambers shall be by letter electronically filed via CM/ECF. No hard copies or courtesy copies of letters shall be delivered to the Court. Pro se parties are exempt from this requirement.
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Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Violating electronic device rules results in confiscation and possible removal from courtroom/courthouse.
Any person violating the rules regarding electronic devices will have their devices confiscated and risk being removed from the courtroom or courthouse at the discretion of the court, U.S. Marshals Service, and/or Court Security Officers.
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Page 7 | IX. USE OF ELECTRONIC DEVICES
Photography, audio/video recording, and broadcasting strictly prohibited in courtroom and adjacent areas.
Photography, use of audio or video recording devices, and use of broadcasting, online posting or streaming, or televising devices are strictly prohibited in the courtroom and areas immediately adjacent to it.
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Page 7 | IX. USE OF ELECTRONIC DEVICES
Technology notification required 2 weeks before courtroom appearance.
If the parties intend to use electronic demonstrative evidence or need to set up/test technology in the courtroom, they must notify Judge Neals's Courtroom Deputy at least two (2) weeks before their scheduled appearance.
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Page 4 | COURTROOM TECHNOLOGY
Wireless communication devices permitted in courtroom if silenced and not used to transmit/record/broadcast.
Electronic devices having a primary function of wireless communication, including but not limited to cell phones, laptops, and tablets, are permitted in the courtroom but must be silenced and may not be used to transmit, record, or broadcast audio or visual feeds, updates or messages in any form.
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Page 7 | IX. USE OF ELECTRONIC DEVICES
Junior Lawyer Participation Incentives
Junior attorneys (under 5 years) may present oral argument with supervisor assistance.
Requests for oral argument to allow a junior attorney (i.e., under five (5) years experience) to present argument will be liberally granted subject to calendar availability. The Court will permit a supervising attorney to assist the junior attorney at the argument.
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Page 4 | MOTION DAYS/ORAL ARGUMENT