Judge Robert Kirsch
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Courtesy Copy
- Upon Filing
Binding: Securely Bound
Adjournments
- Adjournment/extension requests must include specified details, comply with Local Rule 6.1, and exempt pro se cases and Local Rule 7.1(d)(5) requests.
Request must include
Communication
Phone
Chambers
Letter via fax
Chambers
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.
Summary: Pre-motion letters limited to 3 single-spaced pages.
Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
all non-movant adversaries must file, within seven (7) days of the meet and confer, a response letter, not to exceed three (3) single-spaced pages, that sets forth the non-movant’s objections to the movant’s original letter, proposes a course of action to resolve the deficiencies identified by the movant, or states that the non-movant does not intend to file a letter responding to the movant’s original letter.
Summary: Non-movant response letters limited to 3 single-spaced pages, due 7 days after meet and confer, must include objections, proposed course, or statement of no response.
Response Letter
3 pages
Applies to: Attorney
Document Format Requirements1 rule
Machine summary. Not checked yet.Mandatory?
All papers electronically submitted, including any supporting exhibits, shall, to the extent possible, be submitted in a text-searchable PDF format.
Summary: Electronically submitted papers must be text-searchable PDF to the extent possible.
Document Filing Requirements4 rules
Machine summary. Not checked yet.Mandatory?
If the matter remains unresolved following the parties’ meet and confer, the movant must file, within seven (7) days of the meet and confer, a letter certifying that the parties met and conferred regarding the issues and substance of the movant’s letter, consistent with the above. It is not sufficient to report that either party was unavailable or that the parties made “reasonable efforts.”
Summary: Movant must file certification letter within 7 days of meet and confer, confirming meet and confer occurred, not merely unavailability or reasonable efforts.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
In civil cases in which no magistrate judge is assigned (generally, bankruptcy appeals, social security appeals, and habeas corpus actions), before filing a motion or request, counsel shall confer with all parties in a reasonable and meaningful attempt to secure consent in the relief sought. Counsel shall certify in their motion that opposing counsel’s consent was sought (or provide the reasons the movant was unable to seek consent) and whether consent was obtained, particularly whether the motion is unopposed. In particular, counsel shall make every effort to secure the consent of all parties regarding requests to seal, requests for pro hac vice admission, and requests for extensions or adjournments of time. See infra Section (I)(F). If the requested relief is unopposed, the parties should submit a stipulation and order, consent order, or joint letter in lieu of a motion. Unless the Court directs otherwise, this Section does not apply in cases in which either side is pro se.
Summary: Counsel in bankruptcy, social security, and habeas appeals must seek consent for motions, certify consent in the motion, and submit stipulations for unopposed relief, exempting pro se cases.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
If any relief is being sought, the CM/ECF filing must be accompanied by a proposed order in text-searchable PDF format.
Summary: Filings seeking relief must include a proposed order in text-searchable PDF format.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Therefore, consistent with Local Rule 78.1, a party shall clearly mark on the first page of the notice of notice and/or the brief that a junior attorney will present the argument.
Summary: Parties must mark the first page of notices of motion and briefs if a junior attorney will present the argument.
Document Type
Notice Of Motion
Filing & Service rules
Electronic Filing Rules
All parties except pro se must e-file all civil and criminal documents via ECF in text-searchable PDF; only emergent calls to Chambers allowed.
All parties, with the exception of pro se parties, shall file all documents, in both civil and criminal matters, electronically via ECF. All papers electronically submitted, including any supporting exhibits, shall, to the extent possible, be submitted in a text-searchable PDF format. As such, parties are strongly encouraged to convert briefs from Word to PDF format and to obtain PDF versions of deposition transcripts and emails (as examples), rather than scanning and filing a hardcopy of any brief or other paper. Telephone calls to Chambers are permitted only in emergent situations which require immediate attention.
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Page 5 | II. A. Electronic Submissions (ECF)
Pro se litigants must mail or file documents with the Clerk’s Office, not Judge Kirsch.
All filings by pro se litigants shall be mailed to or filed directly with the Clerk’s Office, NOT Judge Kirsch.
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Page 5 | II. C. Pro se Filings
Documents with supporting exhibits totaling 75 pages or less must be filed electronically on ECF only.
supporting exhibits total 75 pages or less, the document shall be filed electronically on ECF only.
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Page 6 | II. E. Courtesy Copies
Filing Timing and Cure Windows
Movant and adversaries must meet and confer within 7 days of pre-motion letter filing, with substantive verbal communication; failure to participate may result in sanctions.
Within seven (7) days of the filing of this letter, the movant and all adversaries must meet and confer regarding the issues and substance of the movant’s letter in an attempt to resolve some or all of the issues therein. The parties’ meet and confer efforts must include substantive verbal communications, whether by phone or in person. Exchange of letters or emails is not sufficient. A party’s failure to meaningfully and in good faith participate in meet and confer efforts, or in this pre-motion process, could result in denial of the relief sought or other sanctions by the Court.
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Page 1 | I. Civil Motion Practice, A. Pre-Motion Conference, 2. Meet and Confer
Reply letters must be filed within 5 days of non-movant’s response letter.
Reply letters, if any, must be filed within five (5) days of the non-movant’s response letter.
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Page 2 | I. Civil Motion Practice, A. Pre-Motion Conference, 3. Joint Letter Advising of Resolution, or Movant Certification and Non-Movant Response
Joint resolution letter must be filed within 7 days of meet and confer if issues are resolved.
In the event the parties then resolve some or all of the outstanding issues, the parties must file a joint letter within seven (7) days of the meet and confer advising the Court of such resolution.
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Page 2 | I. Civil Motion Practice, A. Pre-Motion Conference, 3. Joint Letter Advising of Resolution, or Movant Certification and Non-Movant Response
Motion filing triggers an automatic motion date that sets the briefing schedule per the District’s website; oral argument is scheduled separately, no appearances required on motion day.
After any motion is filed with the Court, the Clerk’s Office dockets an automatically generated message stating, “Set Deadlines as to [Motion]. Motion set for [date]….” The only purpose of that “motion date” is to determine the briefing schedule for that motion, which may be viewed on the District’s website at https://www.njd.uscourts.gov/motion-days-0. This briefing schedule applies unless the Court directs otherwise. The Court generally will not hear oral argument on the motion day, and no appearances are required on that date. Rather, if the Court decides to hear oral argument on any issue, it will advise counsel of the argument date via a separation communication on the docket.
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Page 4 | I. Civil Motion Practice E
Courtesy Copy Requirements
One courtesy copy of any sealed filing is required regardless of length, unless the Court directs otherwise.
Unless otherwise directed by the Court, the parties shall provide one (1) courtesy copy of any sealed filing, regardless of length.
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Page 5 | II. E. Courtesy Copies
Courtesy copies must be e-filed versions with ECF headers, labeled, dated, tabbed, indexed, and preferably bound and double-sided.
Courtesy copies should be copies of the e-filed version of the document, printed from ECF with the automatically generated CM/ECF header on the top of each page. Courtesy copies shall be clearly labeled, dated, tabbed, and indexed. Preferably, courtesy copies should be bound or bindered (no specific binding type is required) and double-sided.
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Page 6 | II. E. Courtesy Copies
Sealing & Redaction Procedures
Bankruptcy appeal sealed records are presumptively sealed on appeal without additional motion, must be filed separately, and listed in the appendix TOC.
Before filing a motion to seal in a bankruptcy appeal, the parties are encouraged to review Local Civil Rule 601.5(c)(iv), which provides: “Records sealed in the Bankruptcy Court are sealed on appeal without the need for filing an additional motion to seal. Sealed documents must be in a separate volume, filed under a separate docket entry as sealed documents, and listed in the table of contents of the appendix as sealed documents.”
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Page 4 | I. Civil Motion Practice F Footnote 2
Documents filed under seal must comply with Local Rule 5.1.
Any documents filed under seal shall comply with Local Rule 5.1.
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Page 5 | II. D. Confidential Information
Filing Bundling Requirements
Parties must exchange all briefing for specified motions before filing, serve in sequence, then file all papers simultaneously under separate docket entries, exempting pro se cases.
After a party has obtained leave from the Court to file a motion for summary judgment, motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for a judgment on the pleadings, see supra Section (I)(A)(1), the parties shall exchange all briefing prior to filing any motion papers on the docket, unless the Court directs otherwise. The Court will generally provide the movant with a deadline by which to first serve its motion on the non-movant; thereafter, the non-movant will have fourteen (14) days to serve its reply papers. Once all papers have been served, movant shall, within seven (7) days thereafter, file the moving papers, the opposition papers, and the reply papers simultaneously under three separate docket entries. Unless the Court directs otherwise, this “bundling” procedure does not apply in cases in which either side is pro se.
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Page 3 | I. Civil Motion Practice C
Pre-Motion Conference Requirements
Pre-motion letter required for specified motions, max 3 single-spaced pages, must include basis and citations, no affidavits/exhibits unless directed.
In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for a judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the content of any such affidavit(s) and/or exhibit(s) shall suffice.
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Page 1 | I. Civil Motion Practice, A. Pre-Motion Conference, 1. Letter Request for Pre-Motion Conference
All parties must appear and participate in pre-motion conference, even if they did not file pre-motion or response letters.
Unless otherwise directed by the Court, all parties, including any parties or co-parties who did not file a pre-motion letter or response letter, shall appear and participate in any such pre-motion conference.
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Page 2 | I. Civil Motion Practice, A. Pre-Motion Conference, 4. Pre-Motion Conference
Non-movant failure to file response letter within 7 days precludes consideration at pre-motion conference.
In the event an adversary does not file a letter within seven (7) days, they will be precluded from filing a letter that the Court will consider at the pre-motion conference.
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Page 2 | I. Civil Motion Practice, A. Pre-Motion Conference, 3. Joint Letter Advising of Resolution, or Movant Certification and Non-Movant Response
Parties must file a pre-motion letter for summary judgment motions before filing and before setting briefing schedule, with a status/settlement conference, exempting pro se cases.
Before any summary judgment motions may be filed and before a summary judgment briefing schedule is set, the parties shall file a letter requesting a pre-motion conference with Judge Kirsch. The Court will generally hold a Status/Settlement Conference at this juncture. Unless the Court directs otherwise, this requirement does not apply in cases in which either side is pro se.
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Page 3 | I. Civil Motion Practice B
Parties filing specified motions must submit a pre-motion letter by the FRCP 12(a) deadline, tolling the motion filing deadline until the pre-motion conference or court decision, with exemptions for pro se, bankruptcy, and social security cases.
Any party wishing to file or join a motion listed in Section (I)(A)(1) must file or join a pre-motion letter and participate in meet and confer efforts as outlined above. Any pre-motion letter must be filed by the movant’s Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders. A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders. This letter exchange procedure does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.
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Page 3 | I. Civil Motion Practice A
Adjournment & Extension Requirements
Adjournment/extension requests must include specified details, comply with Local Rule 6.1, and exempt pro se cases and Local Rule 7.1(d)(5) requests.
All requests for adjournments or extensions of time, other than those pursuant to Local Rule 7.1(d)(5), must comport with Local 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 ruling; (3) the reason for the current request; and (4) whether the adversary consents and, if not, the reason given by the adversary for refusing to consent. If the requested extension affects any other scheduled dates/deadlines, the request must list the proposed change for all such other dates/deadlines. Unless the Court directs otherwise, this Section does not apply in cases in which either side is pro se.
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Page 4 | I. Civil Motion Practice F
Chambers Communication Rules
Chambers does not accept faxes except in emergency situations.
Chambers does not accept faxes or email, unless an emergency.
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Page 6 | III. A. Faxes and E-Mails
All communications with Chambers must be via letter filed on ECF; no hard copies allowed. Pro se parties are exempt.
All communications with Chambers shall be by letter electronically filed via 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 6 | III. B. Letters
Telephone calls to Chambers are only permitted for emergent situations requiring immediate attention.
Telephone calls to Chambers are permitted only in emergent situations which require immediate attention.
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Page 5 | II. A. Electronic Submissions (ECF)
Junior Lawyer Participation Incentives
Junior attorneys (less than 4 years’ experience) are encouraged to participate, with increased oral argument likelihood, multiple attorneys allowed to argue, and marking required on first page of notices/briefs.
The Court encourages the participation of less experienced attorneys (i.e., those with less than four years’ experience) in all proceedings, including pretrial conferences, hearings on discovery disputes, and oral arguments, particularly where that attorney played a substantial role in drafting the underlying filing. The Court is also more likely to grant oral argument if a junior attorney will present the argument. Therefore, consistent with Local Rule 78.1, a party shall clearly mark on the first page of the notice of notice and/or the brief that a junior attorney will present the argument. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.
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Page 5 | I. G. Participation by Junior Attorneys