Judge John R. Padova
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy
Exhibits
- 2 copies
In Limine Motion
- 1 copy • By Rule 16 Deadline
Jury Instructions, Verdict Forms, Special Interrogatories
- Upon Filing
Adjournments
- Letter requests acceptable for uncontested continuances of Rule 16 deadlines, pretrial conferences, or motion response extensions.
- Extensions/continuances require compelling reason and court approval.
- Rule 56 motions do not stay scheduling deadlines; extensions require letter or motion.
- +1 more
Request must include
- Discovery period typically 60-90 days from initial pretrial conference.
Communication
Chambers
Phone
Chambers
Document Format Requirements2 rules
Each proposed instruction should be double-spaced on a separate sheet of paper. Cited cases and pattern jury instructions should be accurately quoted and specific page references should be given.
- Line spacing
- Double
Formatting
- •Double-spaced on separate sheet
- •Accurate quotations
- •Specific page references
Judge Padova requires that all documents be filed electronically through Electronic Case Filing (“ECF”). Unrepresented civil litigants may file documents as provided in Local Civil Rule 5.1.2.2(d).
Document Filing Requirements15 rules
Rule 56 motions require Concise Statement of Stipulated Material Facts in numbered paragraphs.
- Document
- Motion
Must include
- •Concise statement of stipulated facts
- •Statement of facts
Court's wording
The moving party’s initial filing must include a Concise Statement of Stipulated Material Facts, which sets forth (in numbered paragraphs) material facts and important background facts that the parties agree are not in dispute for purposes of Summary Judgment.
Expert witness disclosure required per FRCP 26(a)(2)(B) by scheduling order dates.
- Document
- Expert disclosure
Must include
- •Expert report
- •Curriculum vitae
Court's wording
Counsel are required to identify expert witnesses and provide curriculum vitae and, as to all experts, voluntarily exchange the information referred to in Federal Rule of Civil Procedure 26(a)(2)(B) by expert report, deposition, or answer to expert interrogatory in accordance with the dates outlined in the Court’s scheduling orders.
Proposed voir dire questions require electronic version in Word format emailed to chambers.
- Document
- Proposed voir dire questions
Must include
- •Electronic version
Court's wording
Parties should file proposed voir dire questions by the deadline set forth in the Rule 16 Scheduling Order for the submission of proposed jury instructions. Judge Padova also requires that the parties submit an electronic version in Microsoft Word format emailed to: chambers_of_judge_john_r_padova@paed.uscourts.gov.
Judge Padova prefers that counsel offer exhibits into evidence at the close of testimony by the first witness testifying about the exhibit unless the exhibit is objected to, in which event it should not be testified to unless it is received into evidence.
Three copies of exhibit schedule required at trial start; two copies of each exhibit at first use.
- Document
- Exhibit schedule
Must include
- •Exhibit list
- •Briefly describe each exhibit
Court's wording
Judge Padova requires that exhibits be pre-marked and pre-exchanged. At the commencement of trial, the parties shall provide the Court with three copies of a schedule of exhibits that shall briefly describe each exhibit. At the trial, the parties shall provide the Court with two copies of each exhibit at the time of its first use at trial.
Judge Padova prefers that Rule 50 motions be in writing. Oral argument, if necessary, will be requested by the Court.
Joint jury instructions required for agreed issues; individual submissions for disputed issues.
Court's wording
Judge Padova expects counsel to work together in submitting joint proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories to the jury. In addition, Judge Padova requires that counsel submit individual proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories to the jury on those issues that counsel cannot agree upon in their joint submissions.
SENTENCING MEMORANDA SHOULD BE SUBMITTED AT LEAST ONE WEEK BEFORE THE SCHEDULED SENTENCING DATE.
Motions requesting a trial continuance should be accompanied by a proposed order in Speedy Trial Act language, containing findings of fact and conclusions that would justify a continuance under the Speedy Trial Act.
- Document
- Motion
Should include
- •Proposed order
- •Speedy trial act language
Discovery plan from Rule 26(f) conference required 3 business days before pretrial conference.
- Document
- Pretrial conference
Must include
- •Discovery plan
Court's wording
No later than three business days prior to the scheduled pretrial conference, counsel must also submit the discovery plan adopted at the Rule 26(f) conference in accordance with the Federal Rules of Civil Procedure.
At least three business days before the pretrial conference, counsel must submit to chambers a completed Scheduling Information Report. This form will be attached to the conference notice.
- Document
- Pretrial conference
Must include
- •Scheduling information report
Judge Padova expects the submission of sentencing memoranda by both the Government and defendants, but notes that they must be within the framework provided by the Sentencing Guidelines in order to be useful.
Judge Padova considers motions “ripe” when a response has been filed.
- Document
- Motion
Include
- •Response
Upon request, Judge Padova generally permits all trial exhibits to go out to the jury unless a well-founded objection is asserted.
Judge Padova generally does not give the jury written instructions, but may do so in appropriate cases.
Filing & Service rules
Courtesy Copy Requirements
Proposed findings of fact and conclusions of law: courtesy copy to chambers (hard copy + Word email).
A courtesy copy shall be submitted to chambers in hard copy, and emailed in Microsoft Word format to chambers_of_judge_john_r_padova@paed.uscourts.gov.
Civil cases
Pretrial memoranda: 1 copy to Clerk, 2 courtesy copies to Chambers.
One copy (1) of the pretrial memoranda shall be filed with the Clerk of the Court and two (2) copies shall be sent to the Court (Chambers).
Civil cases
Trial exhibits: 2 copies to Court when first used at trial.
At the trial, the parties shall provide the Court with two (2) copies of each exhibit at the time of its first use at trial.
Civil cases
Jury instructions and verdict forms: courtesy copy to chambers (hard copy + Word email).
A courtesy copy of these filings shall be submitted to chambers in hard copy, and emailed in Microsoft Word format to chambers_of_judge_john_r_padova@paed.uscourts.gov.
Civil cases
Rule 56 motions require one paper courtesy copy to Chambers, stapled/bound with dividers.
One paper courtesy copy of all Rule 56 materials shall be submitted to the Court (Chambers). Courtesy copies shall be stapled or neatly bound, with dividers between the exhibits. Consult Local Civil Rule 5.1.2(5) for requirements for exhibits filed via ECF.
Page 5 | Rule 56 Motions
Proposed findings of fact and conclusions of law require one courtesy copy to chambers and electronic version in Word format.
One courtesy copy should be sent to Chambers, as well an electronic version in Microsoft Word format emailed to: chambers_of_judge_john_r_padova_@paed.uscourts.gov.
Page 7 | Proposed Findings of Fact and Conclusions of Law
Trial briefs require one courtesy copy to chambers.
Judge Padova requires the submission of one courtesy copy of trial briefs.
Page 8 | Trial Briefs
Motions in limine require one courtesy copy to chambers by Rule 16 deadlines.
Judge Padova requires counsel to submit one courtesy copy of motions in limine in accordance with the deadlines set forth in the Rule 16 Scheduling Order.
Page 8 | In Limine Motions
One courtesy copy of motion papers required, stapled or neatly bound with dividers.
Judge Padova requires that one courtesy copy of motion papers be sent to his chambers. Courtesy copies shall be stapled or neatly bound, with dividers between the exhibits.
Judge Padova expects to receive copies of appellate briefs when a litigant appeals a decision he has rendered. Briefs should be emailed to chambers_of_judge_john_r_padova_@paed.uscourts.gov.
Judge Padova expects to receive copies of appellate briefs when a litigant appeals a decision he has rendered. Briefs should be emailed to chambers_of_judge_john_r_padova_@paed.uscourts.gov.
Pre-Motion Conference Requirements
Meet and confer about material facts required 14 days before Rule 56 motions (except pro se prisoner cases).
Except in matters in which a pro se prisoner is a party, the parties shall meet and confer about the material facts no later than fourteen days prior to the filing of any summary judgment motion pursuant to Federal Rule of Civil Procedure 56.
Page 5 | Rule 56 Motions
Reply/surreply briefs require leave of court, filed within 14 days with proposed brief attached.
Reply and surreply briefs may only be filed with leave of the Court. A motion for leave to file a reply or surreply brief must be filed within fourteen days of the previous filing, and counsel shall attach as an exhibit the proposed reply or surreply brief.
Page 5 | Reply and Surreply Briefs
Discovery disputes require motion to compel after failed resolution attempts.
When a discovery default occurs, Judge Padova encourages counsel to file a motion to compel, which he will usually grant upon presentation pursuant to Local Civil Rule 26.1(g). When a discovery dispute occurs, and counsel have been unable to resolve it themselves or with Judge Padova’s assistance by telephone, he requires a motion to compel.
Page 6 | Discovery Conferences and Dispute Resolution
Initial pretrial conference scheduled within 30 days of all defendants filing answers.
Judge Padova regularly schedules an initial pretrial conference within 30 days of all defendants filing answers to the complaint.
Counsel must have client authority to speak on settlement at all pretrial conferences.
Judge Padova further requires that counsel taking part in all pretrial conferences be prepared to speak on the subjects to be covered, including settlement, and have authority from their clients to do so.
Rule 26(f) meeting must occur at least 14 days before scheduling conference.
The Rule 26(f) meeting shall take place as soon as possible and, in any event, at least fourteen days before the scheduling conference.
Final pretrial conference typically held during week before trial.
Judge Padova typically holds a final pretrial conference sometime during the week before trial is scheduled.
Counsel must be prepared to argue pending motions at pretrial conferences.
Counsel must be prepared to present argument at the conference on any pending motions.
Adjournment & Extension Requirements
Counsel should advise the Court immediately, and before the date has run, of any compelling reason justifying an extension or continuance of any originally scheduled date. Any request for an extension or continuance shall be made in writing by letter or formal motion for cause shown.
Counsel should advise the Court immediately, and before the date has run, of any compelling reason justifying an extension or continuance of any originally scheduled date. Any request for an extension or continuance shall be made in writing by letter or formal motion for cause shown.
Rule 56 motions do not stay scheduling deadlines; extensions require letter or motion.
The pendency of a Rule 56 Motion does not stay the deadlines contained in the Court’s Scheduling Order. Counsel must apply by letter or by motion if they wish to seek an extension to the Scheduling Order deadlines.
Page 5 | Rule 56 Motions
Extensions/continuances require compelling reason and court approval.
Judge Padova has a general policy of adhering to originally scheduled dates unless a compelling reason is presented that justifies a change. This policy applies to briefing schedules, oral argument, evidentiary hearings, discovery deadlines and trial dates.
Discovery period typically 60-90 days from initial pretrial conference.
Judge Padova will set a discovery period. Judge Padova usually allows 60 to 90 days to complete discovery from the date of the initial pretrial conference.
Page 6 | Length of Discovery Period and Extensions
Letter requests acceptable for uncontested continuances of Rule 16 deadlines, pretrial conferences, or motion response extensions.
A letter request is acceptable when there is an uncontested request for a continuance of the Rule 16 Scheduling Order deadlines not affecting the trial date or pool placement; when the continuance of a preliminary pretrial conference is sought; or when there is an uncontested request for an extension of time to respond to a motion.
Chambers Communication Rules
Email jury instructions and verdict forms in Word format to chambers email.
Judge Padova also requires that the parties email jury instructions and verdict forms in Microsoft Word format to: chambers_of_judge_john_r_padova@paed.uscourts.gov.
Page 10 | JURY INSTRUCTIONS
Proposed findings of fact and conclusions of law must be emailed to chambers in Word format.
Judge Padova requires that proposed findings of fact and conclusions of law in non-jury cases be submitted in accordance with the date set forth in the Rule 16 Scheduling Order. One courtesy should be sent to Chambers, as well as emailed in Microsoft Word format to: chambers_of_judge_john_r_padova@paed.uscourts.gov.
Page 10 | Proposed Findings of Fact and Conclusions of Law
Judge Padova expects counsel to bring matters to his attention only after they have been discussed with opposing counsel.
Judge Padova expects counsel to bring matters to his attention only after they have been discussed with opposing counsel.
Communication with law clerks is strongly discouraged; all inquiries should go through the deputy.
Judge Padova strongly discourages communication with his law clerks. All telephone inquiries should be directed to Judge Padova's deputy.
Judge Padova permits correspondence under the following circumstances: (1) When letters of transmittal accompany documents required to be sent to, or filed with, the Court or another official office in the Courthouse; (2) When counsel are specifically requested by the Court to communicate some information to the Court by letter;
Judge Padova permits correspondence under the following circumstances: (1) When letters of transmittal accompany documents required to be sent to, or filed with, the Court or another official office in the Courthouse; (2) When counsel are specifically requested by the Court to communicate some information to the Court by letter;
Discovery conferences discouraged; telephone conferences encouraged for dispute resolution.
Judge Padova normally does not hold discovery conferences, but encourages the use of telephone conferences in lieu of motion practice to resolve discovery disputes.
Page 6 | Discovery Conferences and Dispute Resolution
Judge will advise jury testimony not in transcript form; may read portions if transcript available; allows audio/video replay.
Judge Padova will advise the jury that testimony is usually not in transcript form to give them. However, if a transcript is available, he will consider reading appropriate portions requested by the jury. He will usually allow audio and video recordings to be replayed.
Page 10 | Handling of Jury Requests to Read Back Testimony or Replay Recordings
Judge Padova sometimes conducts telephone conferences for non-complex pretrial matters, scheduling, discovery disputes, settlement conferences, and other similar matters. Telephone conferences should be arranged through his deputy.
Judge Padova sometimes conducts telephone conferences for non-complex pretrial matters, scheduling, discovery disputes, settlement conferences, and other similar matters. Telephone conferences should be arranged through his deputy.