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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
FILED ·,•
JUN 2 j '·')~7
I.·. I
In the Matter of the
AT 8:30 _ _ _ _ _ _ M
Plan Pursuant to Speedy O R DE R
WILLIAM T. WALSH
Trial Act of 1974 CLERK
It is on this 3¢ day of June, 1987, for good cause shown,
ORDERED that Section II, subsection 6(a) of the District Plan for
prompt disposition of criminal cases pursuant to Speedy Trial Act of 1974, as
amended 1979 -- 18 U.S.C. §3165(e) (3), be amended to read:
6. Exclusion of Time From Computations.
(a) Applicability. In computing any time
limit under Sections 3, 4 or 5, the periods of delay
set forth in 18 u.s.c. §316l(h) shall be excluded.
Such periods of delay shall not be excluded in
computing the minimum period for commencement of
trial under Section 7. In determining excludable
time under 18 u.s.c. §316l(h) (1) (Fl, 90 days will be
the maximum time excluded, unless the Court orders a
hearing on the motion or additional extensions of
time for filing briefs are specifically allowed by
the Court. If the Court orders a hearing on the
motion or additional extensions of time for filing
briefs are allowed, the time consumed thereby shall
be excluded only if the Court makes a specific and
approximately contemporaneous determination that
such delays are reasonably necessary to make the
motion ready for judicial determination.
Chief Judge
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UNITED STATES DISTRICT COURT
FILED ..
·,
for the
DISTRICT OF NEW JERSEY JUN 2 5 1987
AT 8:30 _ _ _ _ _ _ M
WILLIAM T. WALSH
CLERK
IN RE: GENERAL RULES
ORDER
OF THE COURT .
On the Court's own motio cause shown,
_.-,tf
IT IS on this;J ..5 -aay o , 1987,
ORDERED that General Rul (Designation of Local
Counsel), 8A (Filing of Papers, 12C (Application; Motions
and Arguments), lSC (Discovery), 23A (Costs), 30A (Dismissal of
Inactive Cases), 35F (Bail, Other Security, and Deposits in
Court) and 40D (United States Magistrates) shall and hereby are
amended as follows:
Rule 5. Designation of Local Counsel
No member of the bar of this Court not maintaining
an office withLn the District of New Jersey for the
regular transaction of business shall appear as
attorney of record for any party in any case without
designating, in all notices, orders and pleadings a
member of the bar of this Court maintaining a bona fide
office within the District of New Jersey upon whom all
notices, orders and pleadings may be served, in
accordance with the Rules and practices of this Court,
and who may be required to attend before the Court,
Clerk, or other officer of the Court.
Rule 8. Filing of Papers, Form
~ The initial pleading, motion, or other paper of
any party filed in any cause other than criminal
actions in this Court shall state in the first
paragraph the street and post office address of each
named party to the case or, if the party is not a
natural person, the address of its principal place of
business. If a pleading, motion, or other initial
paper submitted for filing in a case does not contain
the street and post office address of counsel, their
client(s) or unrepresented parties, it may be struck by
the Clerk and returned to the submitting party by the
Clerk unless a statement why the client's address
cannot be provided at this time is presented. Counsel
and/or unrepresented parties must advise the court of
any change in their or their client's address within
five (5) days of being apprised of such change by
filing a notice of said change with the Clerk. Failure
to file a notice of address change may result in the
imposition of sanctions by the Court.
Rule 12. Applications; Motions and Arguments
c. Motion Practice -- Generally
All other applications by notice of motion or
otherwise shall be made returnable on a regular
argument day before the Judge to whom the case has been
assigned.
All motions filed shall have annexed thereto
a proposed order. In the event the proposed order is
not adequate, the prevailing party, upon direction of
the Court, shall submit an order within five days of
the ruling on the motion on notice to his or her
adversary. Unless the Court otherwise directs, if no
specific objection to that order with reasons therefor
is received within 7 days of receipt by the Court, the
order may be signed. If such an objection is made, the
matter may be listed for hearing at the discretion of
the Court.
Rule 15. Discovery
c. Discovery Motions
1. Motions pertaining to discovery must be
designated as such on the front cover page of the
motion and must be accompanied by a separate affidavit
certifying that the moving party has conferred with
counsel for the opposing party in an effort in good
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faith to resolve by agreement the issues raised by the
motion without the intervention of the Court and has
been unable to reach such agreement. The affidavit
shall set forth the date and method of communication
used in attempting to reach agreement on the subject of
the motion. If some of the issues raised by the
motion have been resolved by agreement, the affidavit
shall specify both those issues and the issues
remaining unresolved.
Rule 23. Costs
A. Within 30 days after the entry of judgment
allowing costs, or within 30 days of the filing of an
order dispositive of the last of any timely-filed
post-trial motions, whether or not an appeal has been
filed, the prevailing party shall serve on the attorney
for the adverse party and file with the Clerk a Bill of
Costs and Disbursements, together with a notice of
motion when application will be made to the Clerk to
tax the same.
Rule 30. Dismissal of Inactive Cases
A. Civil cases, other than bankruptcy matters,
which have been pending in the Court for more than 120
days without any proceedings having been taken therein
may be dismissed for lack of prosecution by the Court
(i) on its own motion, or (ii) on notice from the
Clerk. Notice shall be provided by the Clerk of either
action contemplated above under sub-paragraphs (i) and
ii) to counsel, their client(s) and/or unrepresented
persons who have appeared.
Rule 35. Bail, Other Security, and Deposits in Court.
F. Deposit in Court Pursuant to Rule 67 of the
Civil Rules
1. Order for Deposit -- Interest Bearing
Account
Whenever the Court orders (pursuant to
F.2. below) that money deposited into Court shall be
deposited by the Clerk in an interest-bearing account,
the party seeking the order shall personally serve a
copy of such order upon the Clerk, Chief Deputy Clerk,
Deputy-in-Charge, or Chief Financial Deputy forthwith.
• --(···.
2. Orders Directing the Investment of Funds
by the Clerk
Any order obtained by a party or parties
in an action that directs the Clerk to invest in an
interest-bearing account or instrument funds deposited
in the registry of the Court pursuant to 28 u.s.c. Sec.
2041 must substantially comply with the form of order
at Appendix D of these rules, and shall include the
following:
(See Form of Required Order at Appendix D.}
Rule 40. United States Magistrates
D. Appeals from Judgments and Other Orders
4. Appeals from Non-Dispositive Orders
(a) Any party may appeal from a
Magistrate's determination of a non-dispositive matter
within 10 days after entry of the Magistrate's order,
unless a different time is prescribed by the Magistrate
or Judge. . ..
The foregoing amendments shall be effective August 1,
1987.
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\'~ -.~TED STATES DISTRICT C01. l _.'
DISTRICT OF NEW JERSEY
Civil Action No.
Application for an Extension of Time to Answer,
Move or otherwise Reply
(General Rule 13.B)
Application is hereby made for a Clerk's Order
extending time within which defendant(s)
may answer, move or otherwise reply to Complaint filed by
plaintiff(s) herein and it is represented that:
1. No previous extension has been obtained;
2. Service of Process was effected on
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and
3. Time to Answer, Move or otherwise Reply
expires on
(date)
Attorney for Defendant(s)
Address:
ORDER
The above application is ORDERED GRANTED.
ORDER DATED
WILLIAM T. WALSH, Clerk
By:
Deputy Clerk
(APPENDIX L)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
GUIDELINES FOR ARBITRATION
Office of the Clerk
Ma::· 1, 1985
Revised: July 11, 1985
Revised: February, 1987
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I. Case Management Responsibility of the Assigned District
Judge
The referral of civil actions to the Arbitration Program,
pursuant to General Rule 47 B, does not divest the assigned
c~strict Judge and Magistrate of the responsibility for
exercising overall management control over a case during the
pendency of the arbitration process, nor does it preclude the
parties from filing pretrial motions or pursuing discovery.
The management of cases referred to arbitration will
c0ntinue to be subject to this Court's procedures regulating
d:scovery and other pre-trial matters, the applicable Federal
R~les of Civil Procedure, and the General Rules of the Court. As
in other cases, the dates for concluding pretrial discovery
(including expert discovery) will be set at the Scheduling
Conference under Rule 16(b), Fed. R. Civ. P., and the parties
will be required to complete all pretrial discovery before the
arbitration hearing. Unlike other cases, these dates will not be
extended except where a new party has been joined recently or an
exceptional reason is presented to the Judge or Magistrate.
Extended discovery and the final pre-trial conference will be
e~iminated. This means that approximately one {l) month
f~llowing the filing of the last answer plus a 120 day discovery
~~riod, or at such other date as set by the Scheduling Order, the
case will be set for arbitration through the Arbitration Clerk.
.
This procedure provides litigants with a prompt and less
expensive alternative to the traditional courtroom trial and
re:1eves the heavy burden of the constantly increasing case load.
The Court intends for the resulting arbitration hearing to be
si=:lar in purpose to a bench trial but without the formality
re~~ired by the Federal Rules of Evidence.
II. Arbitrator's Responsibility for Managing the Arbitration
Hearing Process
Although the assigned District Judge retains overall
responsibility for cases referred to the arbitration program, the
Court delegates authority to the arbitrator to control and
regulate the scope and duration of the arbitration hearing,
including:
(1) Ruling upon the admissibility of testimonial
evidence.
(2) Ruling upon the admissibility of documentary
evidence.
(3) Ruling upon the admissibility of demonstrative
evidence.
(4) Ruling upon objections to evidence.
(5) Ruling upon requests of counsel to excuse
individual parties or authorized corporate
representatives from attending the arbitration
hearing.
(6) Commencing the hearing in the absence of a party.
(7) Limiting the time for presentation of evidence and
summary arguments by a party.
(8) Compelling the presence of witnesses, if
desirable.
(9) Swearing witnesses.
(10) Adjourning the arbitration hearing to a date
certain, not to exceed 30 days from court order
date, to accommodate lengthy ?roceedings or an
unavailable witness, whom the arbitrator
determines to be essential to the proceedings.
(11) Preparing the Arbitration Award.
The scope of delegation to the arbitrator does not include
the powers to:
(1) Exercise civil or criminal contempt.
(2) Continue the hearing for an indefinite period.
Arbitrator as Adjudicator. The arbitrator's role is as a
non-jury adjudicator of the facts based upon evidence and
arguments presented at the arbitration hearing. The arbitrator
is not a mediator, and the arbitrator shall not convene a
settlement discussion at any point in the arbitration process
unless all litigants have first explicitly requested the
arbitrator to preside over settlement discussions. The
arbitrator may decline the parties' request for a settlement
discussion if the arbitrator believes that such participation
would bring his or her own impartiality into question if the
matter is arbitrated. The Court expects that the arbitrator and
counsel shall strive at all times to preserve the essential
functions of a finder of facts at a hearing which, though less
formal than a trial, nonetheless inspires similar confidence in
the objectivity and validity of the fact-finding process.
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III. Suggested Format for the Presentation of Evidence at
Arbitration Hearings
The court intends that attorneys shall be prepared tc
present evidence through any combination of exhibits, affi~avits,
deposition transcripts, expert reports and, if desirable, live
testimony. The Court further expects that testimonial evi~ence
shall be limited to situations involving issues of credibility of
w~tnesses. Evidence shall be presented primarily through ~he
attorneys for the parties, who may incorporate arguments on such
e~·idence in their presentation. Expert opinion may normal:y be
p=esented through written reports, although live expert tes~imony
is desirable where helpful to resolving profound differences of
opinion between such experts through direct and cross-
examination. In a general sense, the Court envisions this
presentation process to be somewhat similar to a combination of
opening and closing arguments augmented by live testimony where
necessary to aid the arbitrator's fact-finding function.
In developing their arguments, counsel may present only
fa~tual representations supportable by reference to discove~y
materials; to a signed statement of a witness; to a stipulation;
tc a document; or by a representation that counsel persona:ly
S?Oke with the witness and is repeating what the witness stated.
Arbitrators and counsel are reminded that General Rule 47
E.5 notes that the Federal Rules of Evidence shall be ernp~oyed as
a guide; however, the Rules should not be construed in a manner
t2 preclude the presentation of evidence submitted by cour.sel in
~~e fashion discussed above. General Rule 47 E.5 further
requires, "Copies of photographs of all exhibits, except exhibits
i~tended solely for impeachment, must be marked for
identification and delivered to adverse parties at least 10 days
prior to the hearing ... " To facilitate this exchange, counsel
~ay obtain exhibit stickers from the Clerk's Office. Copies of
all exhibits exchanged must also be forwarded to the arbitrator
at least 10 days prior to the hearing.
With respect to the admissibility and subsequent use of
evidence offered at an arbitration hearing, counsel are r2minded
t~at General Rule 47 G.2 provides:
"Upon the filing of a demand for trial de
nova the action shall be placed on the
calendar of the Court and treated for all
purposes as if it had not been referred to
arbitration ••.• "
Therefore, neither the fact that the case was arbitrated nor the
a~ount of the arbitrator's award is admissible. However,
testimony given upon the record of the arbitration hearing may be
used to impeach the credibility of a witness at any subsequent
trial de novo. In light of the limitation placed by the Court
U?On the use of exhibits at subsequent Court proceedings, the
arbitrator should return all exhibits to counsel at the
c~nclusion of the arbitration hearing.
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I'.". Attendance of Parties; Participation in a "Meaningful
Manner"
Although General Rule 47 E.3 provides for the arbitration
hearing to proceed in the absence of any party, the Court has
determined that the attendance of the parties and/or corporate
representatives is essential for the hearing to proceed in a
meaningful manner. The goals of the arbitration program and the
a~thority of the Court will be seriously undermined if a party
were permitted to refuse to attend an arbitration hearing and
c~en demand trial de novo. Accordingly the Court has, in the
sa~e rule, allowed for the imposition of "ap2ropriate sanctions,
i~cluding, but not limited to, the striking of any demand for a
trial de novo" filed by a party who fails to participate in the
arbitration process in such a "meaningful manner." Failure by a
party or counsel to follow these Guidelines will also be
considered in determining whether there has been meaningful
participation in the process.
\'. Stenographic Transcript
A party desiring to have a recording and/or transcript made
o= the arbitration hearing shall make all necesary arrangments
for same and shall bear all expenses so incurred.
v- The Arbitration Procedure - A Summary
Upon receipt of the Order referring the case to arbitration
a~d appointing an arbitrator, counsel for plaintiff shall
promptly forward to the arbitrator copies of all pleadings
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including any counterclaim or third party complaint and answers
t~ereto. Thereafter, and at least ten (10) days prior to the
a~bitration hearing, each counsel shall comply with General Rule
~7 E.5 by delivering to the arbitrator and to adverse counsel
premarked copies of all exhibits, including expert reports and
all portions of depositions and interrogatories, to which
reference will be made at the hearing (but not including
d~cuments intended solely for impeachment). Failure to timely
sabmit such exhibits may be deemed a failure to meaningfully
~articipate in the process under General Rule 47E.3.
The arbitrator will have reviewed the pleadings prior to the
arbitration hearing. At least one week prior t0 the scheduled
date of the arbitration hearing, the arbitrator should conduct a
conference call with the attorneys to determine whether live
testimony will be necessary and who the witnesses will be.
The following is presented as a example of the agenda for a
typical arbitration hearing; however, the arbitrator is empowered
t~ define the scope and sequence of events at the hearing.
(1) Convening of the arbitration hearing and
introduction of the arbitrator, counsel for the
parties, and the parties.
(1) Brief procedural overview presented by the
arbitrator.
(3) Opening statement by plaintiff's counsel.
(4) Opening statement by defendant's counsel.
(5) Presentation of evidence by pla:~tiff's counsel
including, if desirable, live testimony.
(6) Presentation of evidence by defendant's counsel
including, if desirable, live testimony.
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(7) Summation by plaintiff's counsel.
(8) Summation by defendant's counsel.
(9) Adjournment of the arbitration hearing.
(10) Retirement of the arbitrator for deliberation and
for documentation of the arbitrati~n award.
VII. Scope of the Arbitration Award
The $75,000 limit of General Rule 47.C.4 is jurisdictional
fc~ the purpose of referring cases to the progra~ pursuant to
Ge~eral Rule 47. However, once a case has been ref2rred to the
pr~grarn, the actual award need not be limited to 575,000. The
arbitrator's award may also make provision for interest and
pu~itive damages if appropriate.
VIII Processing the Arbitration Award
At the conclusion of the hearing, the arbitrator shall
promptly file the award with the Clerk. When the award is filed,
the Clerk's Office will docket the fact of the a~ard, leaving out
the details, and mail a copy of the award to the arbitrator and
co~nsel.
IX. Compensation of Arbitrators
In the event that an arbitration hearing is ~=otracted, the
District Judge to whom the matter is assigned may entertain a
pe~ition for additional compensation.
Although the Clerk's Office does not make any deductions
fr~m the compensation paid to arbitrators, it shc~ld be treated
as ordinary income for tax purposes.
