District of New Jersey Filing Timing and Cure Windows

CRITICAL

All exhibits must be exchanged in advance of hearing or trial per the Judge's prescribed manner and format.

As indicated, all exhibits must be exchanged in advance of the hearing or trial in the manner and format prescribed by the Judge.

CRITICALCivil cases

Joint proposed final pretrial order must be filed by 5:00 p.m. on the specified date.

The parties shall file a joint proposed final pretrial order no later than 5:00 p.m. on [DATE].

CRITICALCivil cases

When a case is to be tried to a jury, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5:00 p.m. on [DATE] [21 days before the pretrial conference]. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to the Chambers of Judge Choe-Groves.

When a case is to be tried to a jury, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5:00 p.m. on [DATE] [21 days before the pretrial conference]. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to the Chambers of Judge Choe-Groves.

CRITICALCivil cases

Dispositive motions cannot be filed until discovery is completed.

Generally, dispositive Motions cannot be filed until the completion of discovery.

CRITICALCivil cases

Dispositive motions must be filed by a date to be determined.

Dispositive motions, if any, shall be filed by a date to be determined.

CRITICALCivil cases

Counsel must file third-party litigation funding disclosures required by L. Civ. R. 7.1.1 by the specified date if applicable.

If appropriate, counsel must file the disclosure of third-party litigation funding required by L. Civ. R. 7.1.1 no later than Click here to enter a date.

CRITICALCivil cases

Motions to amend pleadings or join new parties must be filed by the date specified in the scheduling order.

Any motion to amend the pleadings or to join new parties, whether by amended or third-party complaint, must be filed by Click here to enter a date..

WARNINGCivil cases

Motion for Claim Construction must be filed concurrently with the Joint Claim Construction Chart.

Each Party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction”

WARNINGCivil cases

Opening, answering, reply, and sur-reply claim construction briefs are served but not filed individually; they are later incorporated into the Joint Claim Construction Brief.

The Plaintiff(s) shall serve, but not file, its opening brief... The Defendant(s) shall serve, but not file, its answering brief... The Plaintiff(s) shall serve, but not file, its reply brief... The Defendant(s) shall serve, but not file, its sur-reply brief...

WARNING

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.

INFO

Deposition transcripts used for impeachment may be filed as an exhibit in advance or kept ready for Court sharing during proceedings.

If a lawyer anticipates using a deposition transcript for impeachment, he or she may either designate the transcript as an exhibit and file it with the other exhibits ahead of the hearing or trial or have the transcript downloaded and readily available to provide to the Court for sharing during the Zoom proceeding.

CRITICAL

Applies to

Exhibit

Exhibits must be filed 14 calendar days before the hearing.

All documents must be filed electronically in the proceeding as PDFs fourteen (14) days before the hearing

CRITICAL

Exhibits must be submitted 14 calendar days before the hearing.

all exhibits must be exchanged in advance of trial and filed electronically fourteen (14) days before the hearing

CRITICAL

Each party must submit a list of pre-marked exhibits and a witness list one week before trial.

Each party shall submit a list of pre-marked exhibits and a witness list, including the name and address (city and state only) of each potential witness, one (1) week prior to trial.

CRITICAL

Joint verdict sheet must be submitted three weeks before trial.

Counsel for all parties must confer with each other prior to trial and submit a joint verdict sheet three (3) weeks before trial in hard copy form, accompanied by a USB drive containing an electronic version of the verdict sheet, in Word format.

CRITICAL

Pre-trial briefs, proposed findings of fact and conclusions of law, and in limine motions must be submitted at least 3 weeks before trial; responsive papers at least 2 weeks before trial.

Once the Joint Final Pretrial Order has been filed, each party shall submit its pre-trial brief or its proposed findings of fact and conclusions of law, and any in limine motions, at least three (3) weeks before the start of trial. Any responsive papers shall be submitted at least two (2) weeks before the start of trial. Exceptions to this rule must be approved by the Court. Failure to adhere to this rule may result in an adjournment of the trial with imposition of attorneys’ fees and costs to the offending party(ies).

CRITICAL

Deposition designations and evidentiary objections must be submitted no later than two weeks before trial; failure may result in preclusion of deposition testimony.

If a party anticipates introducing deposition testimony at trial, then such deposition designations, and any evidentiary objections thereto, must be submitted to the Court no later than two (2) weeks before trial.

CRITICAL

Joint requests to charge must be submitted three weeks before trial.

Counsel for all parties must confer with each other prior to trial and submit joint requests to charge three (3) weeks before trial in hard copy form, accompanied by a USB drive containing an electronic version of the charges, in Word format.

CRITICAL

Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages.

Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages.

CRITICAL

In limine motions are typically due 45 calendar days before trial.

Typically, in limine motions are due forty-five (45) days before trial.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Generally, Judge Padin requires the submission of trial briefs no later than forty- five (45) days before trial.

Generally, Judge Padin requires the submission of trial briefs no later than forty- five (45) days before trial.

CRITICAL

Deadline

10 business days

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICALCivil cases

The materials must be submitted no later than forty-five (45) days prior to trial or as otherwise ordered by the Court

The materials must be submitted no later than forty-five (45) days prior to trial or as otherwise ordered by the Court

CRITICALCivil cases

These materials are due no later than forty-five (45) days prior to trial (or as otherwise ordered by the Court).

These materials are due no later than forty-five (45) days prior to trial (or as otherwise ordered by the Court).

CRITICALCivil cases

Pre-trial motions, including Daubert and in limine motions, must be fully briefed and filed at least 45 days before trial unless the Court orders otherwise.

ALL PRE-TRIAL MOTIONS INCLUDING DAUBERT AND IN LIMINE MOTIONS SHALL BE FULLY BRIEFED AND FILED NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO TRIAL or AS OTHERWISE ORDERED BY THE COURT.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Deadline

5 business days

Joint proposed final pretrial order must be submitted by email and regular mail no later than 5 business days before the final pretrial conference.

The parties shall submit, by email and regular mail, a copy of the joint proposed final pretrial order no later than five business days before the conference.

CRITICALCivil cases

Deadline

5 business days

Settlement memorandum must be submitted no later than 5 business days before the settlement conference.

Each party shall submit, by email to AME_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than five double-spaced pages no later than five business days before the conference.

CRITICAL

Trial briefs, proposed voir dire questions, proposed jury instructions, lists of pre-marked exhibits (tabs), witness lists including the name and address of each potential witness, and requests to charge should be submitted by counsel at least ten days prior to the commencement of the trial by email to Courtroom Deputy Angela DiAndrea: Angela_DiAndrea@njd.uscourts.gov

Trial briefs, proposed voir dire questions, proposed jury instructions, lists of pre-marked exhibits (tabs), witness lists including the name and address of each potential witness, and requests to charge should be submitted by counsel at least ten days prior to the commencement of the trial by email to Courtroom Deputy Angela DiAndrea: Angela_DiAndrea@njd.uscourts.gov

CRITICAL

Parties must submit the joint proposed final pretrial order by email no later than 14 days before the final pretrial conference.

No later than fourteen (14) days before the final pretrial conference, the parties shall submit the joint proposed final pretrial order by email to CF_Orders@njd.uscourts.gov.

CRITICAL

Deadline

7 calendar days

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.

CRITICAL

Deadline

5 business days

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.

CRITICALCivil cases

Joint status letters must be submitted three calendar days before the status conference.

The parties are directed to submit a joint status letter three (3) days prior to the conference.

CRITICAL

Deadline

5 business days

Settlement memoranda must be submitted via email 5 business days before the conference.

Each party is required to submit, by email to SDA_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than ten (10) double spaced pages no later than five (5) business days before the conference.

CRITICAL

The joint proposed final pretrial order must be submitted 14 days before the conference, by email and mail, and must use the Uniform Final Pretrial Order form.

The parties shall submit, by email to SDA_orders@njd.uscourts.gov and regular mail, one (1) copy of the joint proposed final pretrial order no later than fourteen (14) days before the conference. Counsel shall utilize the Uniform Final Pretrial Order located on the website for the U.S. District Court for the District of New Jersey.

CRITICAL

Responses to discovery dispute letters must be filed within 5 days, be double-spaced, and not exceed 5 pages.

The party(ies) opposing the relief sought shall file a response within five (5) days, which shall be double-spaced and not exceed five (5) pages in length. No exhibits shall be attached.

WARNING

Submitting a pre-motion letter tolls the motion-filing deadline; if the Court waives the conference, the party gets 5 additional business days to file.

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 five (5) business days to file its motion after its deadline pursuant to Federal Rule of Civil Procedure 12(a), unless additional time is so stipulated or the Court so orders.

INFO

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.

INFO

If counsel intends to use electronic demonstrative evidence at trial, please notify the Court at least 10 days in advance of trial.

If counsel intends to use electronic demonstrative evidence at trial, please notify the Court at least 10 days in advance of trial.

CRITICAL

Deadline

48 hours

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.