Judge José R. Almonte
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not Required
Communication
Clerk
Chambers
Phone
Chambers
Page & Word Limits2 rules
Each letter should not exceed 5 pages in length, exclusive of exhibits.
- Page limit
- Up to 5 pages
Excluded from page count
- •Exhibits
If the parties are unable to reach a resolution after meeting and conferring, they may file one joint letter not to exceed 10 pages, exclusive of exhibits.
- Page limit
- Up to 10 pages
Excluded from page count
- •Exhibits
Document Filing Requirements21 rules
Each party must email a confidential letter summarizing the factual background of the case, the main issue(s) in dispute, the status of the case, and the parties’ settlement position.
Along with the motion to seal, the moving party shall submit a form of order containing proposed findings of fact and conclusions of law concerning the factors set forth in Local Civil Rule 5.3(c). The moving party also shall indicate whether all other parties consent to the sealing of
The parties shall explain the efforts made to resolve the issue(s). For each issue or group of issues in dispute, the parties shall summarize the specific issue(s) and the parties’ respective positions supported by relevant facts and legal authority. Each issue must be separated into its own section.
If the parties submit a confidentiality order that differs from Appendix S, they must submit: (1) a clean version of the proposed order that is ready for signature; and (2) a redline version that indicates the differences between the proposed order and the Appendix S order.
- Document
- Confidentiality order
Must include
- •Proposed order
Discovery plan must be submitted 5 business days before Initial Scheduling Conference.
Court's wording
At least fourteen (14) days prior to the Initial Scheduling Conference, counsel shall personally meet and confer pursuant to Rule 26(f) and shall jointly submit a discovery plan to this Court not later than five (5) business days prior to the conference with the Court.
The parties shall submit a Joint Discovery Plan using the attached form available at: https://www.njd.uscourts.gov/sites/njd/files/forms/R16DiscoveryPlan_1.pdf.
No formal discovery demands may be issued before the Initial Scheduling Conference, other than as permitted by Rule 26(d).
Counsel may file unopposed applications for pro hac vice admission. Counsel should obtain the consent of adverse parties prior to filing the application and shall advise, in both the cover letter and the proposed order, of such consent.
Pro hac vice applications must comply with Local Civil Rule 101.1(c).
Court's wording
Counsel shall follow the requirements of Local Civil Rule 101.1(c) with regard to the contents of the proposed form of order and the supporting certifications of local counsel and each proposed pro hac vice attorney.
Counsel must have full authority to bind clients at Initial Scheduling Conference.
- Document
- Initial scheduling conference
Must include
- •Settlement authority
Court's wording
At the Initial Scheduling Conference, all parties who are not appearing pro se must be represented by counsel who shall have full authority to bind their clients in all pretrial matters. Counsel shall also be prepared to discuss the merits of the case and shall have settlement authority.
Counsel for the plaintiff(s) shall notify any party who enters an appearance after the Initial Scheduling Conference is scheduled about this Order and shall forward to that party a copy of this Order.
Requests for admission pro hac vice should be filed as motions and should indicate whether all parties consent to the admission. Requests also should comply with the other requirements set forth in Local Civil Rule 101.1(c).
If parties consent to mediation, they may choose a mediator either from the list of certified mediators maintained by the Court or by the selection of a private mediator.
If a civil action is referred to mediation without consent of the parties, the judicial officer responsible for supervision of the program will select the mediator.
ADR eligibility must be discussed during Rule 26(f) conference.
Court's wording
Moreover, you are reminded that, when counsel confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 26.1, one of the topics that must be addressed is the eligibility of a civil action for participation in ADR.
The mediator’s hourly rate is $300.00, which is borne equally by the parties.
Mediation guidelines available on Court website and Appendix Q.
Court's wording
If you would like further information with regard to the mediation program please review the Guidelines for Mediation, which are available on the Court’s Web Site www.njd.uscourts.gov and appear as Appendix Q to the Local Civil Rules.
Mediation is governed by Local Civil Rule 301.1.
Accordingly, the Court encourages parties to consent to mediation prior to or at the time that automatic disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure.
However, the Court encourages parties to confer among themselves and consent to mediation.
Any district judge or magistrate judge may refer a civil action to mediation. This may be done without the consent of the parties.
Filing & Service rules
Electronic Filing Rules
All pleadings and correspondence must be electronically filed via CM/ECF unless the Court orders otherwise.
All pleadings and correspondence with the Court shall be electronically filed via CM/ECF, unless otherwise ordered by the Court.
Page 1 | Communications with Chambers
If a continuance order is opposed, the moving party must file a motion on CM/ECF.
If one party opposes the entry of a continuance order, the moving party must file a motion on CM/ECF.
Page 3 | Special Note for Criminal Matters - 2. Continuance Orders
The parties must file their completed Joint Discovery Plan on CM/ECF.
The parties shall file their completed Joint Discovery Plan on CM/ECF no later than five (5) business days before the scheduled Rule 16 conference.
Page 3 | 7. Joint Discovery Plans
Filing Timing and Cure Windows
Settlement conference letters must be submitted at least 7 calendar days before the scheduled settlement conference.
The parties shall submit the letters at least 7 calendar days before the scheduled settlement conference to jra_orders@njd.uscourts.gov.
Page 1 | Settlement Conferences
The Joint Discovery Plan must be filed no later than five business days before the scheduled Rule 16 conference.
The parties shall file their completed Joint Discovery Plan on CM/ECF no later than five (5) business days before the scheduled Rule 16 conference.
Page 3 | 7. Joint Discovery Plans
An emailed continuance order becomes effective on the date the Court receives it.
The Order will be effective as of the date that the Court receives it.
Page 3 | Special Note for Criminal Matters - 2. Continuance Orders
Service and Proof of Service Rules
Represented parties must mail copies of all electronic filings to pro se litigants who have not consented to email service.
In cases involving pro se parties who have not consented to email service, represented parties must mail copies of all their electronic filings to the pro se litigant(s).
Page 3 | 6. Pro se Parties
Courtesy Copy Requirements
Physical courtesy copies to Chambers are not required unless the Court orders otherwise.
Physical courtesy copies need not be sent to Chambers, unless otherwise ordered by the Court.
Page 1 | Communications with Chambers
Pre-Motion Conference Requirements
Discovery motions require leave of Court; parties must first meet and confer in person, via video, or by telephone (email exchanges are insufficient) to resolve discovery disputes.
No discovery motion shall be filed without leave of the Court. Consistent with their obligation under Local Civil Rules 16.1(f) and 37.1(a), the parties shall meet and confer in good faith to resolve any discovery disputes prior to raising those disputes with the Court. Importantly, email exchanges are not sufficient to satisfy this requirement. The Court requires the parties to meet in person, via video conferencing, or by telephone.
Page 2 | Motions and Other Requests
Bail and bail-modification requests will not be considered until defense counsel consults with the U.S. Attorney's Office and Pretrial Services/Probation assesses the proposed bail package.
The Court will not consider a request for bail or bail modification until after defense counsel has consulted with the U.S. Attorney’s Office and until the U.S. Pretrial Services Officer or the U.S. Probation Officer has assessed the proposed bail package.
Page 3 | Special Note for Criminal Matters - 1. Requests for Bail
Chambers Communication Rules
In criminal cases, confidential information must be sent directly to Courtroom Deputy Alexus Wheeler at Alexus_Wheeler@njd.uscourts.gov.
In criminal cases, confidential information shall be sent directly to Courtroom Deputy Alexus Wheeler (Alexus_Wheeler@njd.uscourts.gov).
Page 1 | Communications with Chambers
In civil cases, confidential information must be emailed to Chambers at jra_orders@njd.uscourts.gov.
In civil cases, confidential information shall be sent via email to Chambers (jra_orders@njd.uscourts.gov).
Page 1 | Communications with Chambers
Faxes to Chambers are prohibited.
Faxes to Chambers are not permitted.
Page 1 | Communications with Chambers
Defense counsel must copy the Assistant U.S. Attorney and the assigned Pretrial Services/Probation Officer on all bail-related emails to the Court.
In all email communications with the Court regarding bail, defense counsel shall copy the Assistant U.S. Attorney and the U.S. Pretrial Services Officer or U.S. Probation Officer assigned to the case.
Page 3 | Special Note for Criminal Matters - 1. Requests for Bail
Unopposed continuance orders must be emailed directly to Courtroom Deputy Alexus Wheeler.
Unopposed continuance orders must be emailed Directly to Courtroom Deputy Alexus Wheeler (Alexus_Wheeler@njd.uscourts.gov).
Page 3 | Special Note for Criminal Matters - 2. Continuance Orders
Parties must immediately notify Court if case is settled or terminated.
The parties must advise this Court immediately if the action has been settled or terminated so that the Court may cancel the Initial Scheduling Conference.
Civil cases
Page 2 | Initial Scheduling Conference Requirements
Call Chambers immediately to reschedule a conference or hearing, or if you expect to be late.
Please call Chambers immediately if you need to reschedule a conference or a hearing, or if you expect to be late.
Page 1 | Attending Conferences and Hearings
Call Chambers for any request that requires attention within 48 hours.
If you have a request that requires attention within 48 hours, please call Chambers.
Page 1 | Communications with Chambers
Junior Lawyer Participation Incentives
The Court encourages junior attorneys to take an active role at hearings, especially where they substantially contributed to the underlying filing, provided a senior attorney ensures they are adequately prepared.
The Court encourages junior attorneys to take an active role at hearings so that they may hone their legal skills, particularly where the junior attorney played a substantial role in drafting the underlying filing. However, to ensure speedy resolution of disputes, a senior attorney must ensure that the junior attorney is adequately prepared.
Page 1 | Junior Attorneys