Judge Barbara J. Rothstein
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- Motions to reschedule hearings must be filed at least 5 business days before the hearing and include alternative dates and times for all parties.
- Rescheduling motions must be filed at least 5 business days before hearing.
- Motions for extension of time must be filed at least 3 business days before the deadline, with oppositions due within 2 business days, or risk summary denial.
- Extension motions must be filed at least 3 business days before deadline.
- Oppositions due 21 days after motion, replies due 14 days after opposition.
Communication
Clerk, Chambers
Chambers
Chambers
Phone
Chambers
Page & Word Limits11 rules
Motions, oppositions, and objections are limited to 15 pages; replies to 10 pages; sur-replies require leave of court.
- Motion
- Up to 15 pages
- Opposition
- Up to 15 pages
- Objection
- Up to 15 pages
- Reply
- Up to 10 pages
Court's wording
Except for motions for summary judgment (see Section II(F) infra) and motions for reconsideration (see Section II(G) infra), all motions, oppositions, and objections shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Replies shall not exceed TEN (10) pages, unless otherwise noted. Leave of the Court must be obtained to file a sur−reply.
Summary judgment motions and oppositions are limited to 24 pages, replies to 12 pages, and sur-replies require leave of Court.
- Motion or opposition
- Up to 24 pages
- Reply
- Up to 12 pages
Excluded from page count
- •Certificates
Court's wording
A motion for summary judgment pursuant to Fed. R. Civ. P. 56, and oppositions thereto, shall not exceed TWENTY−FOUR (24) pages (exclusive of the certificate of service). Replies shall not exceed TWELVE (12) pages. Leave of the Court must be obtained to file a sur−reply.
Summary judgment motions limited to 24 pages; oppositions to 24 pages; replies to 12 pages.
Court's wording
A motion for summary judgment pursuant to Fed. R. Civ. P. 56, and oppositions thereto, shall not exceed TWENTY−FOUR (24) pages (exclusive of the certificate of service). Replies shall not exceed TWELVE (12) pages.
Opening Statements: Except for especially complex cases, or otherwise authorized by the Court, opening statements shall be no more than thirty (30) minutes per side.
Disputed jury instructions limited to 2 pages per party per instruction.
- Jury instructions
- Up to 2 pages per party
Court's wording
Where disagreements arise, the proposed jury instructions shall include the alternate instructions and argument and authority for the instruction not to exceed TWO (2) pages per party, per instruction.
Counsel for each party may have TEN (10) minutes each to further question the prospective jurors.
Motions limited to 15 pages, oppositions to 15 pages, replies to 10 pages, no tables allowed, sur-replies require leave.
- Motion
- Up to 15 pages
Court's wording
A motion and the legal argument supporting the motion shall be filed as a single document. Motions shall not contain a table of cases or a table of authorities. Except for motions for summary judgment (see Section II(F) infra) and motions for reconsideration (see Section II(H) infra), all motions, oppositions, and objections shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Replies shall not exceed TEN (10) pages, unless otherwise noted. Leave of the Court must be obtained to file a sur−reply.
Replies shall not exceed TEN (10) pages, unless otherwise noted.
- Reply
- Up to 10 pages
Motions to exceed the page limitations will be granted only where the matter is one of extraordinary complexity.
Motions to exceed the page limitations will be granted only where the matter is one of extraordinary complexity.
Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service). Replies shall not exceed FIVE (5) pages.
Document Format Requirements3 rules
Motions, oppositions, objections, replies, and sur−replies shall be double−spaced and filed in 12−point Times New Roman font, and shall contain page numbers and have margins of no less than 1 inch. Footnotes shall also be 12−point Times New Roman font but may be single−spaced. Submissions which do not comply with these instructions may be summarily denied or stricken.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Motion
- Opposition
- Objection
- Reply
- sur-reply
Formatting
- •Page numbers required
Double-spaced, 12pt Times New Roman, 1-inch margins, page numbers required.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Court's wording
Motions, oppositions, objections, replies, and sur−replies shall be double−spaced and filed in 12−point Times New Roman font, and shall contain page numbers and have margins of no less than 1 inch. Footnotes shall also be 12−point Times New Roman font but may be single−spaced.
Administrative records must be filed electronically, no physical copies.
Court's wording
In matters requiring that an administrative record be filed with the Court, parties must provide a copy of the record to the Court in an electronic format. No physical copy of the record shall be filed.
Document Filing Requirements41 rules
Motions (except dispositive) must include a certification of conferral, with at least 3 business days between conferral attempts and filing.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Except for dispositive motions, motions shall contain a certification that the parties have met and conferred. (But see Section II(F) infra, for conferral requirements as to motions to dismiss pursuant to Fed. R. Civ. P. 12(b).) The certification should be clearly visible within either the first substantive paragraph or the final paragraph of the motion. Parties must make a meaningful effort to confer prior to filing a motion. Parties should provide for at least three (3) business days between attempts to confer and a motion's filing.
The parties are required to email a Word version of a proposed order with all motions and stipulations to Rothsteinorders@wawd.uscourts.gov.
- Document
- Motion
Must include
- •Proposed order
No opposed discovery motions are to be filed with the Court until the parties meaningfully comply with Fed. R. Civ. P. 37(a)(1).
To ensure that the morning pretrial hearing is productive and efficient, counsel shall meet after the conclusion of each trial day and attempt to resolve or refine upcoming disputes.
TWENTY−EIGHT (28) days prior to the trial date, the parties shall submit a joint pretrial statement that addresses the matters set forth below (in the order they are listed):
On each day of trial, counsel are expected to be present at least thirty minutes prior to the start to discuss with the Court any upcoming issues.
Joint glossary of technical terms due 5 business days before trial; copies to courtroom deputy and court reporter.
Court's wording
Where necessary, counsel shall confer and prepare a joint glossary of any unusual or technical terminology. The glossary shall be submitted to chambers no later than FIVE (5) business days in advance of the start of trial. Copies shall also be provided to the courtroom deputy and court reporter on the first day of trial.
No trial briefs are allowed unless specifically ordered by the Court.
Counsel with authority to make all decisions on behalf of the parties shall be present at all Court appearances.
- Document
- Court appearance
Must include
- •Counsel authority
Witnesses put on call at peril of calling party - no recesses for unavailable witnesses except extraordinary circumstances
Court's wording
Once the trial begins, witnesses will be put on call at the peril of the calling party; in other words, the trial will not be recessed because a witness is unavailable except in extraordinary circumstances.
Witness sequestration rule - witnesses excluded except while testifying
Court's wording
Other than parties and their representatives, all witnesses must remain out of the courtroom except while testifying. After completion of a witness's testimony, that witness may remain in the courtroom but cannot then be recalled.
A Word version of the exhibit list must be emailed to the courtroom deputy, Natalie Wood, at natalie_wood@wawd.uscourts.gov.
Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either during or after they complete their testimony.
A Word version of the exhibit list must be emailed to the courtroom deputy, Natalie Wood, at natalie_wood@wawd.uscourts.gov.
A proper resume or curriculum vitae, marked as an exhibit, shall be provided in the exhibit notebooks.
The intent to utilize deposition testimony should be included in the joint pretrial statement after counsel have conferred and narrowed any objections.
"Speaking objections" in the presence of the jury will not be permitted.
Disputed deposition transcripts must be provided to court 5 business days before pretrial conference with highlighted designations
Court's wording
If differences remain, counsel for the offering party shall provide to the Court two (2) copies of the designated transcript FIVE (5) business days prior to the pretrial conference, each with plaintiff's designations highlighted in yellow and defendant's designations highlighted in blue and objections noted.
Counsel must stand when raising objections and limit the objections to shorthand phrases such as "hearsay," "lack of foundation," "asked and answered," etc.
Counsel offering the deposition testimony is required to provide a person to read the designated portions of the transcript.
The intent to utilize videotaped deposition testimony should be included in the joint pretrial statement after counsel have conferred and narrowed any objections.
Joint voir dire, jury instructions, and verdict forms due 28 days before trial.
- Document
- Joint pretrial statement
Must include
- •Verdict forms
- •Proposed joint voir dire
- •Proposed joint jury instructions
Court's wording
Proposed joint voir dire, proposed joint jury instructions, and verdict forms shall be filed TWENTY−EIGHT (28) days prior to the trial date as part of the joint pretrial statement. (See Section VI supra.)
Except for dispositive motions, motions shall contain a certification that the parties have met and conferred. (But see Section II(F) infra, for conferral requirements as to motions to dismiss pursuant to Fed. R. Civ. P. 12(b).) The certification should be clearly visible within either the first substantive paragraph or the final paragraph of the motion. Parties must make a meaningful effort to confer prior to filing a motion. Parties should provide for at least three (3) business days between attempts to confer and a motion's filing and shall explain their specific efforts to comply if contact was not successfully made. Motions that do not comply may be summarily stricken or denied.
- Document
- Motion
- Placement
- Certificate section
Must include
- •Certificate of conference
A motion and the legal argument supporting the motion shall be filed as a single document. Motions shall not contain a table of cases or a table of authorities.
Administrative records must be filed electronically; no physical copies accepted.
Court's wording
In matters requiring that an administrative record be filed with the Court, parties must provide a copy of the record to the Court in an electronic format. No physical copy of the record shall be filed.
If the Court permits the filing of an opposed discovery motion, the motion shall contain a verbatim recitation of the discovery request and objection at issue or shall attach a copy of such.
Unless specific circumstances require it, the Court will not hold a Fed. R. Civ. P. 16(b) Initial Status Conference. Instead, the Court will review the parties' combined Joint Status Report and Discovery Plan as required by FRCP 26(f) and Local Civil Rule 26(f) and issue a Scheduling Order as soon as practicable thereafter.
If the matter settles, in whole or in part, the parties shall promptly file a notice of settlement and advise the Court how much time is needed to file dismissal papers.
Courtroom decorum requirements: rise to address court, remain at podium, direct statements to court.
Court's wording
Counsel and pro se parties shall observe appropriate courtroom decorum, including that they shall rise to address the Court and remain at the podium unless granted permission to approach the bench or a witness. When not addressing a witness, or during opening and closing statements to the jury, counsel and pro se parties shall direct all statements to the Court.
Waiver requests for witness sequestration must be discussed with opposing counsel first
Court's wording
If counsel desire a waiver of the rule with respect to a specific witness (for example, an expert), counsel shall first discuss the matter with opposing counsel and then present the request to the Court during the preliminary morning session prior to the start of trial on the particular day at issue.
However, frequent or protracted bench conferences are discouraged.
Questions intended to qualify the witness as an expert shall be brief.
If differences remain, the dispute(s) should be summarized in the joint pretrial statement and the matter will be addressed at the pretrial conference.
If additional discussion is needed, counsel must request to approach the bench.
The official record of all trials and proceedings will be taken by a realtime reporter.
The normal trial day goes from 9:00 a.m. to noon and 1:30 p.m. to 4:30 p.m., with morning and afternoon breaks fifteen minutes in duration at the Court's discretion.
If alerted ahead of time, the Court will endeavor to accommodate witnesses with scheduling problems.
Deposition transcripts will not be read at trial.
A proper resume or curriculum vitae generally will suffice for the determination of an expert witness's qualification without additional questioning.
In civil trials, the jury shall consist of eight jurors. Each side may use up to three peremptory challenges.
Proposed findings of fact and conclusions of law shall not be filed in advance of trial. Where necessary, the Court will order that such documents be filed at the conclusion of trial.
Filing & Service rules
Filing Timing and Cure Windows
Oppositions are due 21 days after a motion is filed; replies are due 14 days after an opposition is filed.
This Court DOES NOT USE the noting dates set forth in the Local Rules. Instead, oppositions shall be filed no later than TWENTY−ONE (21) days after a motion is filed. A moving party's reply shall be filed no later than FOURTEEN (14) days after an opposition has been filed. These deadlines apply to all motions.
Civil cases
Page 2 | II.A. Structure, Page Limitations, Deadlines, and Typeface
Parties should provide for at least three (3) business days between attempts to confer and a motion's filing.
Parties should provide for at least three (3) business days between attempts to confer and a motion's filing.
Civil cases
Page 2 | II.C. Certification of Conferral
Courtesy Copy Requirements
The court does not accept physical courtesy copies of any filings, including sealed documents.
The Court DOES NOT ACCEPT physical courtesy copies of any filings or submissions, including sealed documents. Do not deliver or mail paper copies of any documents to the Court.
Civil cases
Page 2 | II.B. Courtesy Copies
No courtesy copies accepted.
The Court DOES NOT ACCEPT courtesy copies of submissions.
Civil cases
Sealing & Redaction Procedures
Avoid eliciting personal identifiers from witnesses; redaction available if inadvertently disclosed
Counsel are advised to avoid eliciting witnesses' personal identifiers such as social security numbers, financial account information, names of minor children, dates of birth and home addresses. If such information inadvertently becomes part of the record, counsel may request redaction of such items.
Civil cases
Page 8 | C. Statements and Witnesses
Pre-Motion Conference Requirements
Parties must meet and confer before filing a Rule 12(b) motion to dismiss, and the motion must include a certification of conferral.
A motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to filing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b) to determine whether it can be avoided, and such motions must contain a certification of conferral as set forth above in Section II(C).
Civil cases
Page 3 | II.F
Parties must meaningfully confer under Rule 37(a)(1) and arrange a court conference before filing any opposed discovery motion.
No opposed discovery motions are to be filed with the Court until the parties meaningfully comply with Fed. R. Civ. P. 37(a)(1). If the parties are unable to reach an agreement on a discovery issue after conferring, they shall arrange a telephone or video conference with the Court regarding the issue. Both of these steps must be completed before any opposed discovery motions are filed. Noncompliant motions may be summarily denied or stricken.
Civil cases
Page 4 | III
Sur-replies require leave of court.
Leave of the Court must be obtained to file a sur−reply.
Civil cases
The Court may resolve motions on the briefs without oral argument; if argument is held, each side gets 20 minutes plus 5 minutes for rebuttal.
Regardless of whether the parties request oral argument, the Court retains discretion to resolve a motion on the briefs. If the Court finds that oral argument is necessary, the Court will contact the parties for scheduling and other necessary arrangements. The parties shall be limited to twenty (20) minutes per side plus five (5) minutes for rebuttal unless otherwise ordered.
Civil cases
Page 4 | II.H
No Rule 16(b) conference; Court reviews joint status report and issues scheduling order.
Unless specific circumstances require it, the Court will not hold a Fed. R. Civ. P. 16(b) Initial Status Conference. Instead, the Court will review the parties' combined Joint Status Report and Discovery Plan as required by FRCP 26(f) and Local Civil Rule 26(f) and issue a Scheduling Order as soon as practicable thereafter.
Civil cases
Page 5 | IV. Rule 16(b) Initial Status Conference and Scheduling Order
Adjournment & Extension Requirements
Motions to reschedule hearings must be filed at least 5 business days before the hearing and include alternative dates and times for all parties.
If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing. The motion shall contain alternative dates and times which are available for all parties. If the suggested dates and times are not available on the Court's calendar, the Court will select a date and time sua sponte.
Civil cases
Page 3 | II.E
Motions for extension of time must be filed at least 3 business days before the deadline, with oppositions due within 2 business days, or risk summary denial.
Motions for extensions of time shall be filed at least THREE (3) business days in advance of the expiration of the relevant deadline. Any opposition must be filed within two (2) business days of the motion. Untimely motions or responsive briefing may be summarily denied or stricken.
Civil cases
Page 3 | II.D
Extension motions must be filed at least 3 business days before deadline.
Motions for extensions of time shall be filed at least THREE (3) business days in advance of the expiration of the relevant deadline.
Civil cases
Page 4 | E. Requests to Reschedule Hearings
Rescheduling motions must be filed at least 5 business days before hearing.
Motions to reschedule are discouraged because of their impact on the Court's calendar. If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing.
Civil cases
Page 4 | E. Requests to Reschedule Hearings
Oppositions due 21 days after motion, replies due 14 days after opposition.
Instead, oppositions shall be filed no later than TWENTY−ONE (21) days after a motion is filed. A moving party's reply shall be filed no later than FOURTEEN (14) days after an opposition has been filed.
Civil cases
Chambers Communication Rules
Counsel must be within 20 minutes of courthouse during jury deliberations.
Throughout jury deliberations counsel must be within twenty minutes of the courthouse in order for the Court to expeditiously respond to any jury notes or a verdict. Counsel must provide the courtroom deputy or law clerk with telephone numbers where they can be contacted.
Civil cases
Page 10 | D. Jury Trials
Except as provided for in this Order, parties and counsel are discouraged from contacting chambers. Ex parte communications with Judge Rothstein or her law clerks involving any matter are strongly discouraged. Unless the other parties have consented to have one party contact the Court alone, all parties must be on the line or copied on the email when communicating with the Court.
Except as provided for in this Order, parties and counsel are discouraged from contacting chambers. Ex parte communications with Judge Rothstein or her law clerks involving any matter are strongly discouraged. Unless the other parties have consented to have one party contact the Court alone, all parties must be on the line or copied on the email when communicating with the Court.
Civil cases
Page 1 | I. Communications with Chambers
Contact courtroom deputy Natalie Wood via email for instructions on filing audio or video exhibits.
If an audio or video exhibit must be filed, the party shall contact the courtroom deputy, Natalie Wood, via email at natalie_wood@wawd.uscourts.gov for instructions on how to file it.
Civil cases
Page 2 | II.B. Courtesy Copies
Parties must email a Word version of proposed orders for all motions and stipulations to Rothsteinorders@wawd.uscourts.gov.
The parties are required to email a Word version of a proposed order with all motions and stipulations to Rothsteinorders@wawd.uscourts.gov.
Civil cases
Page 4 | II.I
Counsel must send a joint email to Rothstein_Chambers@dcd.uscourts.gov with a one-paragraph dispute description and three available date/time ranges for a discovery conference.
To arrange such hearing, all counsel (not support staff) for the disputing parties shall send a joint email to Rothstein_Chambers@dcd.uscourts.gov with a short (maximum one paragraph) joint description of the dispute, as well as three dates and time ranges when the parties are available for a telephone or video conference.
Civil cases
Page 4 | III
Contact courtroom deputy for audio/video filing instructions.
If an audio or video exhibit must be filed, the party shall contact the courtroom deputy, Natalie Wood, via email at natalie_wood@wawd.uscourts.gov for instructions on how to file it.
Civil cases
Junior Lawyer Participation Incentives
Each side limited to 20 minutes for oral argument plus 5 minutes for rebuttal.
The parties shall be limited to twenty (20) minutes per side plus five (5) minutes for rebuttal unless otherwise ordered.
Civil cases
Page 4 | I. Hearings on Motions