JUDGE EVELYN PADIN’S
GENERAL PRETRIAL AND TRIAL PROCEDURES
Revised: May 28, 2026
I. PRELIMINARY GENERAL MATTERS 1
A. Professionalism and Civility
Litigants should be polite, courteous, and otherwise civil to one another, as well as to all
parties, witnesses, and Court personnel at all times. Litigants should be punctual for all
conferences, hearings, oral arguments, and trials. Judge Padin expects litigants to confer with and
keep their clients up to date (1) with respect to substantive submissions to the Court, (2) in advance
of Court appearances, and (3) as to material developments in the client’s case. All of the matters
addressed in these Procedures apply to all litigants in any matter pending before Judge Padin,
including all pro se litigants, unless stated otherwise.
In general, litigants should bring matters to the Judge’s attention only after they have
been discussed with opposing counsel and a reasonable effort has been made to resolve a
dispute and the positions of all interested parties on the matter needing the Court’s attention
have been shared.
The examination of witnesses during hearings or trials should be conducted from the
lectern or from counsel table. Speakers should always rise to address the Court unless
specifically instructed otherwise. In addition, speakers will direct all comments to the Court or to
the witness under examination and not to other litigants or to the jury. To the extent possible, the
Court should be alerted to issues that will need to be ruled upon during the day at the start of the
day’s proceedings, or during recess out of the jury’s presence.
B. Use of Generative Artificial Intelligence (“GAI”)
The use of any GAI (e.g., OpenAI’s ChatGPT, Google’s Gemini, or any legal tools
leveraging GAI) in any court filings requires a mandatory certification that the GAI work product
was diligently reviewed by a human being for accuracy and applicability. This review should
include, but not be limited to, correcting errors and eliminating hallucinations. A failure to comply
with this requirement may result in sanctions, such as the filing being stricken, and/or a referral to
a bar disciplinary committee.
For attorneys, sanctions are governed pursuant to Third Circuit Disciplinary Rule 2.1(d)
and the New Jersey Rules of Professional Conduct. The Court also notes that Federal Rule of Civil
Procedure 11’s obligations and sanctions apply to all filings from attorneys and non-attorneys.
C. Pro se litigants
Pro se (unrepresented) litigants are advised that ex parte (one-sided) and/or personal
communications and submissions are not advised and will generally not be accepted. All
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To the extent that the rules for the Third Circuit or the District of New Jersey conflict
with any of the preferences set forth in this document, the rules of the Third Circuit and the
District of New Jersey control.
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substantive correspondence with the Court should be filed on the CM/ECF docket. Any writings
sent to the Court will generally be posted on the public CM/ECF docket.
D. Correspondence with the Court
Before corresponding with the Court, litigants must consult the relevant rules for the Third
Circuit, the District of New Jersey, this document, and the docket on the CM/ECF system. In
general, communications with the Court should be made through the CM/ECF, not by fax, email,
or phone call to chambers. Every communication requesting the Court’s input must indicate the
requesting party’s efforts to first confer with the other party(ies) to resolve the matter. If a party
emails Chambers, they must copy
[email protected] on all
correspondences.
To the extent you wish to contact the Court on a routine scheduling matter (e.g., an
extension for the submission of a brief), please do so via CM/ECF with as much advance notice
as possible.
Direct correspondence to advise the Court that a case has been settled or dismissed is
also appropriate, as is correspondence on any matter when specifically requested by the Court.
Any written communication requesting action by the Court on any subject should include at a
minimum: (1) a very brief description of the situation requiring the Court’s attention; (2) the
position of the opposing party(ies) (i.e., consent or opposition); and (3) the specific relief sought.
All litigants should be sent a contemporaneous copy of all correspondence sent to the
Court. All other communications with the Court should be made by the formal filing of pleadings,
motions, applications, briefs, or legal memoranda.
In general, and unless otherwise directed by the Court, all discovery-related
correspondence, as well as any correspondence related to non-dispositive motions, should
be addressed to the Magistrate Judge assigned to the case. All correspondence related to
dispositive motions, trials, and related oral arguments should be addressed to Judge Padin.
E. Telephone Correspondence with the Court
Calls to the Court should be reserved for emergencies. Callers should let the Court know
(1) their name(s); (2) the case name and civil action number on which they are calling; (3) the
party(ies) they represent; and (4) their question. Further information is not required unless
requested by the Court. Please review the docket before contacting the Court, as litigants’
questions can often be answered by reviewing the docket.
F. Communication with Law Clerks
Judge Padin permits limited communications with her law clerks solely regarding
administrative matters. Unless directed otherwise by the Court, litigants should never contact
law clerks for advice on substantive or procedural matters other than of a very rudimentary
nature (such as to confirm the Court’s administrative policies and procedures or to alert the Court
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of some actual emergency that cannot be timely handled by conventional correspondence or
formal filings). Communications with the Court about scheduling matters should be directed
to Judge Padin’s Courtroom Deputy. Communications from litigants purporting to justify litigants’
conduct because “Your Honor’s law clerk [or Deputy] said . . .” are highly disfavored and are
never appropriate as an explanation of litigants’ strategic or tactical choices.
G. Telephone Conferences
Telephone conferences with all litigants may be used at the Court’s discretion to resolve
scheduling matters, time extensions, or other disputes. Litigants will be notified of the date and
time for the telephone conference.
Absent prior permission from the Court, parties are each limited to two attorneys each
appearing at telephone conferences. Only one attorney per side will be permitted to address the
Court during the call. Counsel should file a notice of appearance prior to appearing at a telephone
conference or they will not be permitted to speak.
Failure to observe basic telephone courtesy will result in the Court’s refusal to use
telephone conferences in matters involving the offending participants.
H. Oral Arguments and Evidentiary Hearings
Judge Padin does not set aside specific days or times for oral argument, motions, or
evidentiary hearings. Hearings and arguments are scheduled on an ad hoc basis. The Court
endeavors to provide litigants with appropriate advance notice of scheduled hearings, arguments,
and conferences—and expects litigants to refrain from last minute (i.e., less than 48 hours)
requests to cancel, postpone, or reschedule such matters in the absence of actual emergencies.
I. Pro Hac Vice Admissions
Please refer to Local Civil Rule 101.1(c). These requests will generally be handled by the
assigned Magistrate Judge.
II. CIVIL CASES
A. Pretrial Procedures and Final Pretrial Conference with Magistrate Judge
Generally, the Magistrate Judge assigned to the case schedules an initial pretrial
conference pursuant to Local Civil Rule 16. These conferences are held after the filing of the
defendant’s answer or a dispositive motion. The Magistrate Judge assigned to the case
determines associated procedures. At the close of discovery, the Magistrate Judge will hold a
final pretrial conference. Prior to that conference, the Magistrate Judge will provide the litigants
with a proposed form of final pretrial order.
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B. Following Final Pretrial Conference with Magistrate Judge
Judge Padin may hold a telephone conference to set a date for a settlement conference.
Where settlement is not possible, Judge Padin will set dates for pre- trial submissions. Generally,
dates for trial briefs and in limine motions are set for forty-five (45) days before the trial date.
C. Settlement Conference
Absent leave of Court, trial counsel and clients with full settlement authority must attend
all settlement conferences.
D. Chambers Courtesy Copies of Motions
Litigants should submit one courtesy copy of all motion papers to the Court, unless the
materials comprise more than one large binder, in which case they should be submitted on a USB
drive. The courtesy copies should be single-sided and stapled. If any motion papers are filed
under seal, litigants should provide a USB drive with all motion papers and related filings. When
submitting a USB drive, litigants may coordinate with the Courtroom Deputy to submit USB
exhibits. Litigants should provide the USB in a folder that is labeled with the case name, case
number, and the docket entry numbers that correspond to the files saved on the USB drive. All
USB files should be clearly organized and labeled as the files are named in the briefs.
E. Motions
i. Pre-Motion Conference in Civil Cases
In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for
a more definite statement, motion to remand, motion for change of venue, motion to compel
arbitration, or motion for judgment on the pleadings in civil matters, a party must submit a letter,
not to exceed three (3) single-spaced pages, including counsel’s signature, requesting a pre-motion
conference. The letter must set forth the basis for the anticipated motion and include citations to
relevant authority. Within seven (7) days after receipt of this letter, all adversaries must submit a
written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter
unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court.
A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall
suffice.
The Court may attempt to resolve the dispute(s) by ordering the parties to meet and confer
to discuss the substance of the contemplated motion(s) and to permit litigants the opportunity to
cure any alleged deficiencies. The Court may also attempt to resolve the dispute at a pre-motion
conference (in person or via telephone/videoconference), to the extent possible. Only issues raised
in the letters will be discussed at the pre-motion conference. If the dispute cannot be resolved
through meeting and conferring or at a pre-motion conference (or if the Court determines that a
conference would not be helpful), the moving party may proceed with filing its motion. To be
clear, this procedure does not preclude a party from filing any of the above motions pursuant to
Local Civil Rule 12.1. Rather, the Court hopes to use this procedure to advance the case efficiently
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and minimize the costs of litigation to the parties. In addition, compliance with this procedure shall
not be deemed a waiver of any parties’ defenses as to lack of personal jurisdiction, improper venue,
insufficient process, or insufficient service of process.
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.
The procedures set forth supra Section I(G) apply to pre-motion telephone conferences.
The pre-motion letter requirement does not apply in cases in which either side is pro se or in
bankruptcy or social security appeals.
ii. Motions to Seal
The assigned Magistrate Judge handles motions to seal.
iii. Continuances and Extensions
Litigants should expect the Court to maintain the dates contained in the Scheduling
Order, unless there is good cause to justify a change. Generally, Judge Padin will grant a short (i.e.,
two weeks or fewer) continuance or extension that will not affect discovery dates, motion-
decision dates, hearing dates, or trial dates, if requested with the agreement of all litigants.
Any other request for a continuance or extension should set forth in detail the basis for
the request and whether the request is agreed to or opposed by the other litigant(s). A request for
an extension or continuance of longer than two (2) weeks regarding the trial date, a discovery cutoff
date, or the deadline for filing dispositive motions must be made sufficiently prior to the due date
to allow time for the Court to consider it and should set forth compelling reason(s) for the relief
sought. An unopposed request may be made by letter to the Court and should include the
reasons for the request. All such letters—as with all correspondence with the Court—should be
filed electronically via CM/ECF.
iv. General Motion Practice
Except as set forth here, motion practice will be conducted in accordance with Local
Civil Rule 7.1. Failure to follow motion practice rules, including these Procedures or motion
scheduling orders, may result in denial without prejudice or the administrative termination of the
motion. Judge Padin requires strict compliance with the length limitations and format
requirements for briefs set forth in Local Rule 7.2. Requests for overlength briefs are highly
disfavored. Judge Padin also requires compliance with Local Rule 5.1(h) that all PDF filings be
text searchable and at a minimum 400 dpi. Failure to abide by these requirements may result in
rejection of the papers.
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v. Oral Argument on Motions
If the Court determines that oral argument will be helpful in deciding a matter, Judge
Padin will schedule it and the parties will be specifically advised of a date and time for oral
argument via CM/ECF.
Judge Padin strongly encourages parties to allow junior attorneys (i.e., attorneys in
their first six (6) years of practice) to present arguments whenever possible. If a party provides
advance notice to the Court that a junior attorney will present argument, Judge Padin may be
more inclined to permit oral argument, and may permit more experienced counsel to assist in
the argument should the need arise.
vi. Reply and Sur-Reply Briefs
Replies are generally permitted pursuant to Local Civil Rule 7.1(d). However, according
to Local Civil Rule 7.1(d)(3), no reply papers shall be filed to cross-motions under Local Civil
Rule 7.1(h); Reconsideration under Local Civil Rule 7.1(i); Case Management under Local Civil
Rule 16.1(g)(2); and Discovery under Local Civil Rule 37.1(b)(3), unless the Court permits
otherwise.
No sur-replies are permitted without prior permission. They are strongly discouraged
unless it is apparent on the face of the submission that such additional briefing is necessary
to rebut an issue not discussed in the initial briefs. 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. Sur-reply submissions should not contain a repeat recitation of
the facts of the case and, without leave of Court for good cause shown, must not exceed ten (10)
pages in total. No other briefs may be filed without leave of Court for good cause shown.
F. Summary Judgment Motions
Local Civil Rule 56.1 requires:
On motions for summary judgment, the movant shall furnish a statement which
sets forth material facts as to which there does not exist a genuine issue, in
separately numbered paragraphs citing to the affidavits and other documents
submitted in support of the motion. A motion for summary judgment
unaccompanied by a statement of material facts not in dispute shall be dismissed.
L. Civ. R. 56.1 (a) (emphasis added). Additionally, the Court will not consider any assertion of a
fact that is not supported by a pinpoint citation to the record.
A litigant opposing summary judgment must submit a responsive statement of facts,
repeating the facts alleged to not be in dispute, and indicating agreement or disagreement and, if
not agreed, stating each material fact in dispute and citing to record evidence in support. Failure
to address the moving party’s factual contentions in this manner will lead to the Court’s
consideration of the moving party’s factual assertion(s) as undisputed.
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Local Civil Rule 56.1 statements may not include legal argument or conclusions of law
(including evidentiary objections). All points of law and surrounding argument must be made in
the briefs. Failure to comply with these requirements may also lead to the administrative
termination of the summary judgment motion(s) to allow the parties to properly complete their
56.1 statements.
Judge Padin prefers that parties file their summary judgment briefs in accordance with the
old Appendix N to the Local Rules. Specifically, any dispositive motions should first be served on
the opposition. Then, briefs in oppositions should be served, followed by any replies. The parties
shall refrain from filing the aforementioned documents until all briefing is complete. At that point,
the parties should consecutively file the moving papers, oppositions, and replies thereto on the
docket (i.e., the moving papers should be docketed before the corresponding oppositions, and the
oppositions should be docketed before the corresponding replies). After filing their summary
judgment papers, litigants should provide an index detailing what exhibits accompany their filings
and where those exists are filed on the docket. For example, if D.E. 75-6 contains Exhibits AA–
CC and GG–JJ, and D.E. 75-7 contains Exhibits DD–FF, the litigants’ index should provide this
information, along with the names of each exhibit as they are referred to in the parties’ papers.
To the extent a party believes that their adversary’s 56.1 statements are non-compliant, that
party shall promptly request a conference with the magistrate judge on the case to resolve any
disputes. And, should a party anticipate arguing that an expert’s opinion or report should be
excluded at the summary judgment stage, they shall raise that issue to the Court to determine
whether those motions should be filed before or in conjunction with any summary judgment
motion(s).
G. Motions Seeking Emergent Relief
When seeking emergent relief, the parties must, absent a true emergency, detail their prior
efforts to address the issue with the other litigant(s) and serve the papers upon them.
Submission of proposed findings of fact and conclusions of law for temporary
restraining order (“TRO”) and injunction hearings will be required. The time for submission of
these items will be set at the pre-hearing conference.
H. Pretrial Combined Submissions (In Hard Copy and Microsoft Word Format)
i. Exhibit Lists and Bench Books
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.
The list should be a chart separated into three columns: (1) the exhibit; (2) the opponent’s objection
(a very short statement containing the relevant rule and/or concept); and (3) the proponent’s
rationale for admissibility (e.g., the relevance rationale or on-point hearsay exception).
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Litigants shall also submit three (3) copies of the bench book of trial exhibits, unless
otherwise advised by Chambers. The Courtroom Deputy will use the originals. However, during the
course of trial, if litigants change exhibit tabs or add new exhibits, litigants must update two
copies that will be left in the Courtroom at 4:30 pm. These copies are for the Judge and the Law
Clerk assigned to the trial.
ii. Combined Neutral Statement of Facts
The litigants should submit a short proposed statement of the case that the Court will read
during jury selection as part of the Court’s initial statements. Any disagreements by the
litigants should be submitted in column form. The column on the left will contain Plaintiff’s (or
the Prosecution’s) proposals. The column on the right will contain the Defendant’s proposals.
iii. Proposed Preliminary Jury Instructions, Final Jury Instructions, and
Verdict Sheet
Instead of separate submissions from the litigants, Judge Padin requires one combined
submission, identifying any areas of disagreement. Where the litigants are unable to agree, the
submission should be split into two columns as discussed above.
Each proposed instruction should be double-spaced and include citations to specific
authority using footnotes. Proposed instructions without citations to specific legal authority
will not be considered. Cases and model jury instructions that are cited should be accurately
quoted and a pinpoint page reference should be provided.
If a model jury instruction is submitted, for instance, from the Third Circuit Model
Instructions at http://www.ca3.usCourts.gov/modeljuryinstructions.htm, Devitt & Blackmar,
Federal Jury Practice and Instructions, or Sand, Modern Federal Jury Instructions, the
submitting litigant shall state whether the proposed jury instruction is unchanged or modified. If
a litigant modifies a model jury instruction, additions should be bolded and underlined and
deletions should be noted with strikethrough font.
Judge Padin strongly prefers jury instructions that track the relevant model. She disfavors
jury instructions containing case-specific facts or contentions except where absolutely necessary.
Because Judge Padin usually charges the jury before closing arguments, and because she
disfavors the inclusion of facts or contentions in the jury charge, litigants are encouraged to
include facts and contentions in their summations. Judge Padin may, after consultation with
counsel, provide a written copy of the final jury instructions to the jurors.
iv. Voir Dire Questions
Ordinarily, Judge Padin will conduct voir dire. Instead of separate submissions from the
litigants, Judge Padin requires one combined submission, identifying any questions in dispute. The
Court will, upon request, provide an example of voir dire questions that were used during a recent
trial. Litigants should utilize a similar format in crafting the proposed voir dire question for their
case.
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v. Prepared Script for Counsel’s Review
Judge Padin will provide a prepared script she will read at voir dire. The script will be
available for counsel to review prior to voir dire selection.
I. Pretrial Meeting
Before jury selection, Judge Padin will hold an in-person housekeeping meeting with
litigants. The meeting will include (but will not be limited to) marking exhibits and
previewing objections, discussing the voir dire, and discussing jury instructions.
J. Trial Procedure
i. General
Counsel will provide their cell and office phone numbers to the Court.
ii. Approaching the Witness
If a litigant wishes to approach the witness, the litigant should ask for permission to do so.
If a litigant needs to approach one witness many times, a single request for permission will
suffice.
iii. Objections and Sidebars
If a litigant wishes to make an objection, he or she should stand, state the objection, and
simply state the basis for the objection, such as “hearsay” or “relevance.” The Court disfavors
speaking objections. If a litigant believes a more extensive conference is required, then the
litigant should request a sidebar conference. The Court usually will grant the request so long as
such circumstances are not abused. Litigants are encouraged to bring any evidentiary questions to
the Court’s attention outside the presence of the jury, preferably before or after the day’s
proceedings.
iv. Witness and Jury
Litigants have the responsibility to advise witnesses that no witness may talk to the jury
at any time during the pendency of the case. For example, if the witness has stepped down
from the witness stand to testify as to an exhibit, the witness should not have any private
conversation whatsoever with any juror. The witness may, of course, direct his or her answers to
the jury’s direction, so long as the witness is still answering a litigant’s questions.
v. Documents and Exhibits
Any and all documents to be provided to the Court or viewed by the jury should first be
handed to the Courtroom Deputy.
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vi. Scheduling
Judge Padin will typically hold trial on Monday through Thursday, from 9:30 a.m. until
3:30 p.m., with two fifteen minute breaks, so that the early morning and late afternoon periods
can be used for addressing matters outside the presence of the jury.
vii. Cases Involving Out-of-Town Parties or Witnesses
Other than in rare and exceptional circumstances, Judge Padin schedules the trial of cases
involving out-of-town litigants, parties, or witnesses the same as all other cases, leaving the
scheduling of witnesses to litigants.
viii. Conflicts of Litigants
Litigants should notify the Court and opposing counsel immediately upon learning
of any unavoidable and compelling professional or personal conflicts affecting the trial schedule.
Once a trial date has been set, the Court expects that obligation to take precedence over other
matters (except serious, unanticipated personal or professional emergencies).
ix. Note Taking by Jurors
Judge Padin does not permit jurors to take notes. Note taking is not necessary and will
distract jurors from paying attention to what a witness is saying and his or her manner on the
witness stand. The jurors will be able to rely on their collective memory about the testimony and
other evidence when the jury is deliberating. Indeed, that is one of the reasons for having a number
of persons on the jury.
Although the Court reporter will be transcribing the testimony, litigants should not
assume that transcripts will be available for review by jurors during jury deliberations.
x. Juror Questions to Witnesses
Judge Padin does not permit jurors to submit questions to the Court to be posed to a witness.
xi. Trial Briefs
Generally, Judge Padin requires the submission of trial briefs no later than forty- five
(45) days before trial.
xii. In Limine Motions
Submission dates for in limine motions are set during the initial telephone
conference with Judge Padin following the Magistrate Judge’s final pretrial conference.
Typically, in limine motions are due forty-five (45) days before trial.
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xiii. Peremptory Challenges
Judge Padin prefers that counsel stand and announce their peremptory challenges, and
Judge Padin will typically permit only one pass by a party without forfeiture.
xiv. Examination of Witnesses or Argument by More Than One Attorney
Judge Padin will permit more than one attorney for a party to examine different witnesses
or to argue different points of law before the Court, but only one attorney per party may examine
the same witness. Although Judge Padin permits different attorneys to give the opening and
summation, the opening attorney must provide the full opening and the closing attorney must
provide the full summation.
The attorney conducting direct or cross examination shall be the only litigant speaking
at sidebar conference.
xv. Trial Equipment
Equipment and the smooth presentation of exhibits in video or other electronic form is
the responsibility of litigants and should be attended to with care. Back-up plans in the event of
equipment failure should be available. Litigants are required to ensure that they are fully familiar
with the equipment before appearing in Court so that the proceedings run smoothly, without
being hampered by avoidable technology problems. Should litigants wish to use equipment
provided by the Court or to set up the Courtroom before their appearance to test the technology,
please contact Judge Padin’s Courtroom Deputy at least one week prior to the start of trial.
xvi. Offering Exhibits into Evidence
Generally, unless the litigants have an agreement as to the admissibility of a proposed
exhibit, a witness may not testify as to its content until it has been admitted into evidence.
xvii. “Directed Verdict” Motions
Motions for judgment as a matter of law in jury trials and motions for an
involuntary dismissal in non-jury trials should be in writing where possible.
xviii. Proposed Findings of Fact and Conclusions of Law
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. The Court
will generally require litigants to submit a joint submission of proposed findings of fact in
column format as follows: (1) in each column, litigants must provide consecutively
numbered paragraphs with headings and subheadings to indicate issues and sub-issues; (2)
litigants must indicate which facts are agreed upon; and (3) litigants must include specific
reference to testimonial or documentary evidence in support of the proposals.
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xix. Unavailability of Witnesses
Because a witness may be unavailable at the time of trial, as defined in Federal Rule of
Civil Procedure 32(a)(3), the Court expects oral or videotaped depositions to be used at trial
for any witness whose testimony a litigant believes essential to the presentation of that
litigant’s case, whether the witness is a party, a non-party, or an expert. The unavailability
of such witness will not be a ground to delay the commencement or progress of trial
absent good cause shown.
xx. Lay Witness Opinion
Any litigant expecting to offer opinion testimony from lay witnesses pursuant to Federal
Rule of Evidence 701 with respect to issues of liability or damages shall, at the time required
for submission of expert reports, serve the opposing litigants with the same information and/or
documents required with respect to such expert witnesses.
K. Trial Procedure
i. Timing of Jury Charge
In most cases, Judge Padin will charge the jury before closing arguments, providing the
jurors with an opportunity to learn the law before hearing summations that match the facts and
contentions to the law.
ii. Written Jury Instructions
Judge Padin may provide jurors with copies of the instructions after conferring with
counsel.
iii. Exhibits in the Jury Room
Unless good cause is shown, Judge Padin will permit all exhibits containing
substantive or real evidence to be available to the jury for deliberation. Litigants should confer
with each other as to which exhibits should go into the jury room. Before deliberation,
litigants will confer with the Courtroom Deputy to confirm which exhibits including
demonstratives (and which versions of exhibits) will go into the jury room.
iv. Handling Jury Requests to Read Back Testimony or Replay Tapes
At the jury’s request, if the transcript is available, Judge Padin will permit a copy of the
sanitized transcript to go into the jury room, but only with the consent of the litigants.
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v. Availability of Litigants During Jury Deliberation
Unless excused by the Court, litigants should remain in the Courthouse during jury
deliberations, and, in any event, be no more than 10 minutes away from the Courthouse.
vi. Polling the Jury
Judge Padin will poll the jury upon request.
vii. Meeting with the Jury
Judge Padin may meet with jurors after a verdict but counsel and parties are prohibited
from doing so.
III. CRIMINAL CASES
Policies and procedures for criminal cases are generally the same as those set forth
above for civil cases.
A. Communication with the Court
Motions, letters, scheduling requests, and all other communications with the Court must
be filed on the CM/ECF docket. Email requests sent to Chambers will not be considered.
Any request for an adjournment—including of filing deadlines and court appearances—
must be filed on the docket. For all adjournment requests, the attorney(s) submitting the request
must represent whether they obtained consent from all parties for the request, and if consent is not
obtained, inform the Court that consent was sought. Requests for adjournments for medical
reasons must be accompanied by a note from a healthcare professional.
If a party believes it is necessary to email Chambers instead of filing on the CM/ECF docket
(e.g., sentencing material submissions or sealed documents), they must copy Judge Padin’s
chambers (
[email protected]) on their email, and a redacted
version of the materials must be filed on the docket.
B. Oral Argument and Motions
Judge Padin may permit oral argument on a substantive motion in a criminal case. Judge
Padin disfavors the submission of letter-motions. Parties should submit attorney certifications
alongside letter-motions to the extent they feel letter-motions are warranted in lieu of a formal
notice of motion.
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C. Indictments and Informations
Generally, Judge Padin does permit the jury to have a copy of the redacted
indictment. During deliberation, any question regarding what to redact should be made to the
Courtroom Deputy.
D. Pleas
All plea-related documents shall be submitted to Chambers at least two weeks prior to the
plea date.
E. Sentencing Memoranda
i. Timing
Unless otherwise ordered by the Court, a party moving for a variance, downward departure,
or submission in mitigation of a sentence (a “Moving Submission”) is instructed to directly
serve the Court, in accordance with the procedures set forth in subsection ii below, no fewer
than two weeks prior to the sentencing date. The responsive party’s submission (a “Responsive
Submission”) to any related motions shall be submitted and served, in accordance with the
procedures set forth in subsection ii below, no fewer than one week prior to the sentencing date.
Failure to timely submit sentencing materials may result in the Court rescheduling the sentencing.
ii. Submissions
All sentencing memoranda, supporting exhibits, and correspondence (collectively,
the “Sentencing Materials”), shall be submitted directly to the Court. The submitting party is also
expected to furnish copies to all Counsel of Record and the United States Probation Department.
Although the submitting party is not required to file its memorandum on the Court’s CM/ECF
system, the submitting party is required to file a notice via CM/ECF (a “Submission Notice”) on
the form prescribed by the Clerk of the Court. The Court prefers that character letters submitted
on behalf of a defendant be notarized by the letter’s author, though notarization is not mandatory.
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. A Request for
Disclosure made after 48 hours of receiving the Submission Notice may or may not be considered
by the Court prior to the sentencing hearing. A Requestor or the Requestor’s attorney is
encouraged to contact Judge Padin’s chambers to confirm that their Request for Disclosure has
been received by the Court.
Upon a Request for Disclosure, Counsel of Record is required to meet and confer to
determine what non-public information should be redacted from the Sentencing Materials in
accordance with subsection iii below. All proposed redactions to the Sentencing Materials
shall be made prior to disclosure regardless of whether the parties to the underlying criminal
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matter agree on all the redactions. Redacted Sentencing Materials shall be electronically filed
via CM/ECF within 48 hours after the Request for Disclosure is filed on the docket.
A member of the public or the press who wishes to have access to portions of the redacted
sections of the Sentencing Materials shall advise the Court, via a written submission on the
docket (or if unrepresented by counsel, via e-mail to the Courtroom Deputy and all Counsel of
Record) that it seeks access to redactions contained within the Sentencing Materials. Such written
submission shall identify the name of the requesting party, the name of counsel for the requesting
party, if any, the specific portions of the sentencing memoranda sought to be disclosed, and
any legal arguments supporting disclosure (not to exceed to 5 pages). Within two days of such
written submission, the parties shall electronically file a response (not to exceed 5 pages).
Thereafter, Judge Padin will either conduct a conference, enter an appropriate briefing
schedule, or rule summarily.
iii. Presumptively Non-Public Information
When letters are attached to a sentencing memorandum, those letters should be grouped
together as attachments to a single document. Any letters sent directly to the Court and not
attached as an exhibit to a sentencing memorandum will be presumptively deemed confidential
unless and until ruled otherwise by Judge Padin.
Counsel of Record during the meet and confer process should take great care to redact
Presumptively Non-Public Information prior to e-filing on CM/ECF. Presumptively
Non-Public Information includes the following: references to the Presentence Report
(“PSR”); names of victims, witnesses, and other individuals whose identity and roles were not
previously disclosed; information regarding cooperation by the defendant and others that was
not previously disclosed; sensitive personal information concerning the defendant and others,
including but not limited to medical or psychological reports and data; personal identifying
information such as addresses, social security numbers, account numbers, and dates of birth; and
information obtained during the course of a Grand Jury or law enforcement investigation
that was not previously disclosed. All redactions should be sufficient to ensure that the content of
the redacted information is not apparent from the context of the surrounding text.
F. Probation Reports
Judge Padin will not ordinarily permit the defendant or counsel for either party to review
the Probation Department’s recommendations regarding sentencing.
G. Continuances
Defense counsel will be expected to consult with their client and set forth in papers submitted
to the Court their client’s position with respect to any request for a continuance. 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.
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H. Miscellaneous
Prior to seeking relief to home confinement or bracelet monitoring conditions, counsel is
obligated to first seek the consent of the Government and pretrial services. 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.
I. Attendance
Minors are prohibited from attending criminal proceedings.
IV. OTHER GENERAL MATTERS
A. Miscellaneous Courtroom Conduct Issues
i. Cell Phones
Please note that all cell phones, cameras, and other electronic devices are strictly
prohibited in this Courtroom. If a cellphone or other electronic device goes off during a Courtroom
proceeding, the Courtroom Deputy may confiscate the device.
ii. Transcripts
It is a litigant’s obligation to make all necessary arrangements with Judge Padin’s Court
Reporter, Fran DiBella (
[email protected]) for securing a transcript of the
proceedings.
B. Final Considerations
i. Conflicts with These Procedures
Parties are advised that this document governs proceedings in this Court, unless otherwise
directed by Judge Padin. However, if other conflicts arise or if a deviation is appropriate, the
Court is willing to entertain a prompt and reasonable request to depart from these Procedures.
As stated above, if conflicts arise between these Procedures and the rules for the Third
Circuit or the District of New Jersey, please follow the rules of the Third Circuit or District of New
Jersey.
ii. Civility
This Court puts a high premium on civility. To repeat comments set forth above, Judge
Padin expects punctuality and courtesy from litigants to the Court and to each other, both in
the presence of the Court and otherwise.
iii. Additional Remarks and Questions for the Court
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It is this Court’s priority to provide prompt and efficient adjudication of justice. The
Court looks forward to working with litigants to achieve this important goal, and hopes these
Procedures aid litigants in that process. If litigants have a specific question on a matter not
addressed above, litigants are encouraged to contact Judge Padin’s staff.
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