JUDGE ESTHER SALAS’S
GENERAL PRETRIAL AND TRIAL PROCEDURES
I. PRELIMINARY GENERAL MATTERS1
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 Salas 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, including
all pro se litigants, in any matter pending before Judge Salas.
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 counsels’ table. Speakers always should 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
1 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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during the day at the start of the day’s proceedings, or during recess out of the jury’s
presence.
B. 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. Only after doing so is it appropriate to contact the Court.
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 with as much advance notice as
possible, and please do so in writing via CM/ECF so that all litigants are apprised of the request.
The Court will not accept oral requests for extensions over the phone or via fax without
a corresponding request via CM/ECF.
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,
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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 Salas.
C. Telephone Correspondence with the Court
When litigants call Chambers, they 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.
D. Communication with Law Clerks
Judge Salas permits limited communications with her law clerks. 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 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 Salas’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.
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E. 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. It will be the responsibility of litigants
for the moving or initiating party to arrange the telephone conference and to contact
Judge Salas’s Chambers after all litigants are present on the call unless otherwise advised
by the Court. Litigants are reminded to be especially careful to avoid being discourteous
during telephone conferences by failing to listen to other speakers, failing to identify
themselves prior to each statement, failing to speak loudly or slowly enough to be heard,
etc. In that regard, litigants should be mindful that cell phones typically do not perform
well for multi-party conference calls. Failure to observe basic telephone courtesy will
result in the Court’s refusal to use telephone conferences in matters involving the
offending participants.
When litigants contact Chambers for a conference call, litigants should recognize
that the individuals who answer the phone are asking for names and spelling for a reason.
The Courtroom Deputy or law clerks are recording the names for purposes of organizing
the call and streamlining discussion. Therefore, please speak slowly and spell your name
so that the Judge knows who is participating during the call. Again, in cases involving
numerous parties, litigants should remember to identify themselves during the call so
that Judge Salas knows who is talking.
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F. Oral Arguments and Evidentiary Hearings
Judge Salas 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 as
warranted. 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.
G. Opportunities for Junior Lawyers
Judge Salas strongly encourages parties to allow junior associate lawyers (i.e.,
lawyers in their first six years of practice) to present arguments whenever possible. If a
party provides advance notice to the Court that a junior associate lawyer will present
argument, Judge Salas may allow the junior associate lawyer extra time for argument,
and may permit more experienced counsel to assist in the argument should the need
arise.
H. Pro Hac Vice Admissions
Please refer to Local Civil Rule 101.1(c).
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
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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.
B. Following Final Pretrial Conference with Magistrate Judge
Judge Salas may hold a telephone conference with litigants to set a date for a
settlement conference. Where settlement is not possible, Judge Salas 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 in person.
D. Chambers Copy of Motions
Judge Salas requires strict compliance with the length limitations and format
requirements for briefs set forth in Local Rule 7.2. Courtesy copies of motions need NOT
be submitted to the Court unless otherwise advised by Judge Salas’s staff.
E. Motions
i. General
Except as permitted by Local Rule 12.1, no formal motions may be filed without
leave of Court.
ii. Motions to Seal
The Magistrate Judge handles motions to seal.
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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 Salas 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.
Every factual assertion considered by the submitting litigant to be important to
that litigant’s position in a motion, opposition, or brief must be supported by citation or
other specific reference to the record where that fact may be found. Legal and record
citations must be “pinpoint cites.”
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v. Oral Argument on Motions
If the Court determines that oral argument will be helpful in deciding a matter,
Judge Salas will schedule it and the parties will be specifically advised of a date and time
for oral argument via CM/ECF.
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 concerning motions
for Cross-Motion 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 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 or point of law not discussed in the initial briefs. 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 fifteen (15) 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
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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.
D.N.J. Civ. R. 56.1 (a) (emphasis added). Additionally, the Court will not consider
any assertion of a fact that is not supported by a citation to the record.
A litigant opposing summary judgment must state in similar paragraph form
whether that litigant agrees or disagrees that the fact(s) as stated by the moving litigant
are undisputed. If a litigant contends that a fact is in dispute, citation must be made to
the record evidence that supports the litigant’s view of that particular fact. 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.
G. Motions Seeking Emergent Relief
Judge Salas will promptly hold a hearing for any request for a temporary
restraining order (“TRO”) assigned to her. She will typically hold a pre-hearing
conference to discuss the emergent issue(s) in contention and to allocate time for the
hearing. Expedited discovery may be discussed and, when appropriate, ordered at the
conclusion of the pre-hearing conference.
Submission of proposed findings of fact and conclusions of law for TRO and
injunction hearings will be required. The time for submission of these items will be set at
the pre-hearing conference.
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H. Pretrial Combined Submissions (In Hard Copy and Microsoft Word
Format)
i. Exhibit Lists and Bench Books
Please submit to the Court—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. Column 1 will list the exhibit. Column
2 will contain the opponent’s objection (a very short statement containing the relevant
rule and/or concept). Column 3 will contain the proponent’s rationale for admissibility
(e.g., the relevance rationale or on-point hearsay exception).
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.
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iii. Proposed Preliminary Jury Instructions, Final Jury Instructions,
and Verdict Sheet
Instead of separate submissions from the litigants, Judge Salas 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 underlined and deletions placed in brackets.
Judge Salas strongly prefers jury instructions that track the relevant model. She
disfavors jury instructions containing case-specific facts or contentions. Because Judge
Salas 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.
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iv. Voir Dire Questions
Ordinarily, Judge Salas will conduct voir dire. Instead of separate submissions from
the litigants, Judge Salas requires one combined submission, identifying any questions in
dispute. The Court will 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.
v. Prepared Script for Counsel’s Review
Judge Salas 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
On the business day before jury selection, or on a day otherwise specified by the
Court, Judge Salas 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. Scheduling
The trial day typically will be from 9:30 a.m. until 4:30 p.m., so that the early
morning and late afternoon periods can be used for addressing matters outside the
presence of the jury.
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ii. Cases Involving Out-of-Town Parties or Witnesses
Other than in rare and exceptional circumstances, Judge Salas 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.
iii. 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).
iv. Note Taking by Jurors
Judge Salas 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.
v. Juror Questions to Witnesses
Judge Salas does not permit jurors to submit questions to the Court to be posed to
a witness.
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vi. Trial Briefs
Generally, Judge Salas requires the submission of trial briefs no later than forty-
five (45) days before trial.
vii. In Limine Motions
Submission dates for in limine motions are set during the initial telephone
conference with Judge Salas following the Magistrate Judge’s final pretrial conference.
Typically, in limine motions are due forty-five (45) days before trial.
viii. Peremptory Challenges
Judge Salas prefers that counsel stand and announce their peremptory challenges,
and Judge Salas will typically permit only one pass by a party without forfeiture.
ix. Opening Statements and Summations
Judge Salas normally attempts to obtain the agreement of litigants regarding time
limits on opening statements and closing arguments. However, in most cases, twenty (20)
to thirty (30) minutes should be adequate for an opening statement, and thirty (30) to
forty-five (45) minutes should be adequate for summation.
x. Examination of Witnesses or Argument by More Than One
Attorney
Judge Salas 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 Salas 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.
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The attorney conducting direct or cross examination shall be the only litigant
speaking at sidebar conference.
xi. 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 Salas’s Courtroom
Deputy at least one week prior to the start of trial.
xii. 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.
xiii. “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 if at all possible. Oral
argument on such motions is ordinarily permitted.
xiv. 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
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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.
xv. 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.
xvi. 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.
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K. Jury Deliberations
i. Timing of Jury Charge
In most cases, Judge Salas 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
In most cases, Judge Salas will provide jurors with copies of the instructions.
iii. Exhibits in the Jury Room
Unless good cause is shown, Judge Salas 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 Salas will permit a copy
of the sanitized transcript to go into the jury room, but only with the consent of the
litigants.
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.
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vi. Polling the Jury
Judge Salas will poll the jury upon request.
vii. Meeting with the Jury
Judge Salas may meet with jurors after a verdict but counsel and parties are
prohibited from doing so.
III. CRIMINAL CASES
In general, policies and procedures for criminal cases are the same as those set
forth above for civil cases.
A. Oral Argument and Motions
If requested, Judge Salas generally will permit oral argument on a substantive
motion in a criminal case.
B. Indictments and Informations
Generally, Judge Salas 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.
C. 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 ten (10) business days prior to the sentencing date.
The responsive party’s submission (a “Responsive Submission”) to any related motions
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shall be submitted and served, in accordance with the procedures set forth in subsection
ii below, no fewer than five (5) business days prior to the sentencing date.
ii. Submissions
All sentencing memoranda, along with all 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.
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 Salas’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 matter agree on all the redactions. Redacted Sentencing
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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 Salas
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 Salas.
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
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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
D. Probation Reports
Judge Salas will not ordinarily permit the defendant or counsel for either party to
review the Probation Department’s recommendations regarding sentencing.
E. 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.
IV. OTHER GENERAL MATTERS
A. Miscellaneous Courtroom Conduct Issues
i. Cell Phones
Please note that all cell phones, cameras, and other electronic devices are
prohibited in this Courtroom, so if you have them, please turn them off. If a cellphone or
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other electronic device goes off during a Courtroom proceeding, the Courtroom Deputy
may confiscate the device.
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.
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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.
vi. Transcripts
It is a litigant’s obligation to make all necessary arrangements with Judge Salas’s
Court Reporter 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 Salas. 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 Salas expects punctuality and courtesy from litigants to the Court and to each
other, both in the presence of the Court and otherwise.
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iii. Additional Remarks and Questions for the Court
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 the Judge Salas’s staff.
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