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Court Rules
Bankruptcy

Judge John K. Sherwood

Individual Rules, Standing Orders & Policies

District of New Jersey

Communication

Email

Chambers

Technical Issues
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Document Format Requirements2 rules

Formatting

Please reach out to Chambers for specific instruction as to the required format for submission of exhibits—whether electronically in the form of PDFs or hard copies in binders submitted to Chambers. In either event, the exhibits must be clearly identified (either via PDF file name, or binder tab) so that the exhibits can be easily located during the proceeding.

Zoom Proceeding Guidelines - FOR LITIGANTS for publication on JKS s website · p. 3|SectionGenerally
Formatting

Exhibits must be clearly identified and marked with page numbers to facilitate Court screen sharing during Zoom proceedings.

Court's wording

all exhibits must be clearly identified and marked with page numbers that will allow the Court to readily and quickly find the appropriate pages in each exhibit for sharing with Zoom proceeding participants.

Zoom Proceeding Guidelines - FOR LITIGANTS for publication on JKS s website · p. 6|SectionScreen Share

Document Filing Requirements1 rule

Filing Requirements

Parties in proceedings before Judge Sherwood must submit a completed Zoom Information Sheet to Chambers.

Court's wording

For proceedings before Judge Sherwood, parties must complete and return to his Chambers a “Zoom Information Sheet,” which is available on the Court’s website under Judge Sherwood’s Info page in the “Trials” tab.

Zoom Proceeding Guidelines - FOR LITIGANTS for publication on JKS s website · p. 3|SectionGenerally

Filing & Service rules

Electronic Filing Rules

Non-exhibit documents used for impeachment or rebuttal must be emailed to Court staff for screen sharing during Zoom proceedings.

If a lawyer wants to use a document that is not a marked exhibit for impeachment or rebuttal, he or she must send the relevant document via email to a member of the Court staff identified by the Court who will then share the document on the screen as directed by the lawyer.

Page 6 | Impeachment/rebuttal documents

Service and Proof of Service Rules

All exhibits should be circulated to all attorneys, witnesses, and the Court in advance of hearing or trial. The Court will provide you with a deadline for submission of these documents.

All exhibits should be circulated to all attorneys, witnesses, and the Court in advance of hearing or trial. The Court will provide you with a deadline for submission of these documents.

Page 3 | Generally

Sealing & Redaction Procedures

If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule. During the Zoom proceeding, the Court will “screen share” only the redacted version of the confidential exhibits. The Court does not need hard copies of the redacted exhibits. In the hardcopy set of exhibits to be delivered to the Court, the confidential documents should be provided in separate sealed envelopes marked as confidential. Whenever witnesses are expected to testify on the record about confidential information, counsel must provide advance notice so that the Court can determine whether arrangements need to be made to protect that information from anyone listening in during the Zoom proceeding.

If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule. During the Zoom proceeding, the Court will “screen share” only the redacted version of the confidential exhibits. The Court does not need hard copies of the redacted exhibits. In the hardcopy set of exhibits to be delivered to the Court, the confidential documents should be provided in separate sealed envelopes marked as confidential. Whenever witnesses are expected to testify on the record about confidential information, counsel must provide advance notice so that the Court can determine whether arrangements need to be made to protect that information from anyone listening in during the Zoom proceeding.

Page 6 | Confidential exhibits

Chambers Communication Rules

Parties may contact a Court-provided phone or email contact for technical issues during trial.

The Court will provide a contact person—with phone number or e-mail—whom you can contact during the trial to immediately report issues.

Page 4 | During the Zoom Proceeding

About United States District Judge John K. Sherwood

United States Bankruptcy Judge for the District of New Jersey

| | | --- | | ZOOM LINK FOR JUDGE SHERWOOD'S REMOTE HEARINGS |

| | | --- | | In Chapter 7 cases, Chapter 13 cases, Chapter 11 cases and adversary proceedings, Judge Sherwood is conducting hearings in person. However, attorneys are welcome to attend via Zoom rather than appearing in person. The only exception is matters which involve a substantial number of exhibits or evidentiary hearings. Then, in person appearances are necessary. If you are unsure whether an appearance via Zoom is permissible, please feel free to contact chambers to check.<br>To attend via Zoom, please simply use the Zoom link posted on this page. All parties must adhere to the Zoom appearance guidelines posted in the Trial tab below.  All parties must appear on Zoom by video in a professional setting and identify themselves by first and last name when prompted. Telephonic only appearances require prior approval from Chambers. <br>Fee Orders in Chapter 13 cases – Attorneys who elect hourly billing and do not use the standard fee of $4,750 must use the new template entitled “Order Granting Allowances for Chapter 13 Fees (JKS)” which is available on the Court’s website under “Forms” and “All Local Forms.” The “Order Granting Supplemental Chapter 13 Fees” is inapplicable in such fee situations.<br>Important: All persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions. The Clerk of the Court maintains an audio recording of all proceedings, which recording constitutes the official record of those proceedings.​ |

| In Chapter 7 cases, Chapter 13 cases, Chapter 11 cases and adversary proceedings, Judge Sherwood is conducting hearings in person. However, attorneys are welcome to attend via Zoom rather than appearing in person. The only exception is matters which involve a substantial number of exhibits or evidentiary hearings. Then, in person appearances are necessary. If you are unsure whether an appearance via Zoom is permissible, please feel free to contact chambers to check.<br>To attend via Zoom, please simply use the Zoom link posted on this page. All parties must adhere to the Zoom appearance guidelines posted in the Trial tab below.  All parties must appear on Zoom by video in a professional setting and identify themselves by first and last name when prompted. Telephonic only appearances require prior approval from Chambers. <br>Fee Orders in Chapter 13 cases – Attorneys who elect hourly billing and do not use the standard fee of $4,750 must use the new template entitled “Order Granting Allowances for Chapter 13 Fees (JKS)” which is available on the Court’s website under “Forms” and “All Local Forms.” The “Order Granting Supplemental Chapter 13 Fees” is inapplicable in such fee situations.<br>Important: All persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions. The Clerk of the Court maintains an audio recording of all proceedings, which recording constitutes the official record of those proceedings.​ |

Staff Information

Angela Pattison | Career Law Clerk - 973-645-2631

Jenna Marshiano | Law Clerk - 973-622-4043

Zelda Haywood | Courtroom Deputy - 973-645-4762

Ibn-Abdul Davis | Court Reporter - 973-776-3448

50 Walnut Street, 3rd Floor

Newark, N.J. 07102

Courtroom 3D

Chambers e-mail: chambers_of_jks@njb.uscourts.gov

Judge Tabs

Communication

Judge Sherwood's staff may be contacted by telephone, email or regular mail. Communication by fax is not permitted except with consent of Judge Sherwood. For emergent applications, parties should notify Chambers via phone call or email. Parties should be guided by D.N.J. LBR 5071-1 regarding adjournment requests.

Proposed orders should be submitted in accordance with D.N.J. LBR 7058-1, 9013-1, 9013-4, and 9021-1.

| | | --- | | ## Zoom Link for Judge Sherwood's Remote Hearings<br>Meeting ID: 160 236 9362 <br>Passcode: 117132 |

Copies of Papers

In addition to mandatory efiling, Judge Sherwood requires two (2) courtesy copies of all voluminous filings. This requirement is applicable to any submission, inclusive of Notice of Motion, Memorandum, Certifications, Exhibits, etc., that cumulatively exceed fifty (50) pages or any submission that includes five (5) or more exhibits and as otherwise requested by the Court.

Motions

Motions:

Parties should be guided by D.N.J. LBR 9013-1 through 9013-5 regarding the filing of motions, responsive papers, and cross-motions.

Chapter 7 and 11: Motions in Chapter 7 and Chapter 11 cases are scheduled on Tuesdays.  Appearances are required on contested motions, while uncontested matters are decided on the papers.

Chapter 13: Motions and confirmation hearings in Chapter 13 cases are scheduled on Chapter 13 days (the second and fourth Thursdays of each month).

First Day Motions in Complex Chapter 11 Cases: The parties should notify Chambers regarding the filing and scheduling of all first day matters.

For specific hearing dates and times, see: /judges-info/hearing-dates/judge-john-k-sherwood-hearing-dates

*NOTE: For emergent applications, parties should notify Chambers via phone call followed by an email with all related documents.

Trial

Trial:

Pretrial Procedures: Parties should be guided by D.N.J. LBR 7016-1.

Pursuant to D.N.J. LBR 9019, all adversary proceedings are presumptively referred to mediation.

Pursuant to D.N.J. LBR 7016-1(b), if the parties submit  Local Form Joint Order Scheduling Pretrial Proceedings and Trial and Local Form Mediation Order not later than three days before the scheduled pretrial conference, they do not need to appear at the pretrial conference.

Discovery Disputes: Parties should be guided by D.N.J. LBR 7037-1.

Requests to Enter Default and Default Judgment: Parties should be guided by D.N.J. LBR 7055-1. Judge Sherwood reviews the adversary complaint with respect to which default judgment is requested and will schedule a proof hearing where necessary.

Zoom Proceeding Guidelines

Fee Applications

Fee Applications:

Counsel should be guided by D.N.J. LBR 2016-1 through 2016-5.  Fee applications are scheduled on the first and third Thursdays of each month.

Reaffirmation Agreements

Reaffirmation Agreement:

Parties should be guided by 11 U.S.C. § 524 and Fed. R. Bankr.P. 4008.

LEASES: Judge Sherwood does not approve reaffirmation agreements on leases. The parties may enter into a lease assumption agreement without need for Court approval.

Transcripts

Transcripts:

How to Request a Written Transcript of a Court Hearing:

Contact the appropriate transcription service per below.

| | | | | | --- | --- | --- | --- | | Judge | Transcription Service | Phone | Email | | Judge Sherwood | J&J Court Transcribers | 609-586-2311 | jjcourt@jjcourt.com |

Click here for the Court’s transcription fees.

How to Request an Audio Reproduction of a Proceeding on Compact Disc:

To request audio of a hearing on compact disc, the requesting party should send an email request to the Court at copywork@njb.uscourts.gov. The email should include the case number, case name, and hearing date. In the subject line, use the title "REQUEST FOR AUDIO CD" and include both the case number and the judge's name.

Payment for the reproduction of proceedings fee must be made at the time of the request via the Court's Online Fee Payments portal. If an alternate payment method is necessary, please contact the Court.

Please note that the compact discs are data discs and can only be played after downloading the required audio player from our website. Click here to download the Court Recordings Audio Player.

How to Request Audio on the Docket:

To have audio of a hearing put on the docket (known as a tagged hearing), send an email or call the Court Recorder per below.  To expedite the process and ensure the Court is able to complete the request, a request for audio tagging should be made prior to the hearing date. See D.N.J. LBR 5007-1.

Listening to recordings on the docket requires a PACER account. There is no fee for audio on the docket.

Click here for instructions on how to listen to a tagged hearing.

| | | | | | --- | --- | --- | --- | | Judge | Court Recorder | Phone | Email | | Judge Sherwood | Maria Figueira | 973-776-3413 | Maria_Figueira@njb.uscourts.gov |

Common questions about Judge John K. Sherwood's rules

What formatting rules apply to filings before Judge John K. Sherwood?

Judge John K. Sherwood's formatting rule includes electronic exhibits must be in pdf format, hard copy exhibits must be submitted in binders, and exhibits must be clearly identified via pdf file name (electronic) or binder tab (hard copy). Please reach out to Chambers for specific instruction as to the required format for submission of exhibits—whether electronically in the form of PDFs or hard copies in binders submitted to Chambers.

View ruleSource: page 3, section Generally

What must be included with zoom information sheet filings before Judge John K. Sherwood?

Parties in proceedings before Judge Sherwood must submit a completed Zoom Information Sheet to Chambers.

View ruleSource: page 3, section Generally

How may parties contact Judge John K. Sherwood's chambers?

Parties may contact a Court-provided phone or email contact for technical issues during trial.

View ruleSource: page 4, section During the Zoom Proceeding

How does Judge John K. Sherwood handle sealed or redacted filings?

Process: file redacted on ecf and file unredacted to clerk. If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule. During the Zoom proceeding, the Court will “screen share” only the redacted version of the confidential exhibits. The Court does not need hard copies of the redacted exhibits.

View ruleSource: page 6, section Confidential exhibits

Is electronic filing required before Judge John K. Sherwood?

Yes. Electronic filing is required for the covered filings. Non-exhibit documents used for impeachment or rebuttal must be emailed to Court staff for screen sharing during Zoom proceedings.

View ruleSource: page 6, section Impeachment/rebuttal documents

What rule applies to service for exhibit before Judge John K. Sherwood?

Details: recipient: all parties. All exhibits should be circulated to all attorneys, witnesses, and the Court in advance of hearing or trial. The Court will provide you with a deadline for submission of these documents.

View ruleSource: page 3, section Generally
Complete rules summary for Judge John K. Sherwood

Exhibits must be clearly identified and marked with page numbers to facilitate Court screen sharing during Zoom proceedings.

All exhibits should be circulated to all attorneys, witnesses, and the Court in advance of hearing or trial. The Court will provide you with a deadline for submission of these documents.

Parties may contact a Court-provided phone or email contact for technical issues during trial.

Parties in proceedings before Judge Sherwood must submit a completed Zoom Information Sheet to Chambers.

Non-exhibit documents used for impeachment or rebuttal must be emailed to Court staff for screen sharing during Zoom proceedings.

If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule. During the Zoom proceeding, the Court will “screen share” only the redacted version of the confidential exhibits. The Court does not need hard copies of the redacted exhibits. In the hardcopy set of exhibits to be delivered to the Court, the confidential documents should be provided in separate sealed envelopes marked as confidential. Whenever witnesses are expected to testify on the record about confidential information, counsel must provide advance notice so that the Court can determine whether arrangements need to be made to protect that information from anyone listening in during the Zoom proceeding.

Please reach out to Chambers for specific instruction as to the required format for submission of exhibits—whether electronically in the form of PDFs or hard copies in binders submitted to Chambers. In either event, the exhibits must be clearly identified (either via PDF file name, or binder tab) so that the exhibits can be easily located during the proceeding.

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