Final Pretrial Order Form

All Submissions: All submissions, including pleadings and correspondence, must be electronically filed via CM/ECF. Filings and submissions will not be accepted via fax or e-mail except as provided herein.

No Courtesy Copies.

Pro se Filings: All filings by pro se litigants shall be mailed to or filed directly with the Clerk's Office. Documents mailed to the courthouse must be addressed to the Clerk's Office, NOT Judge Martinotti.

CM/ECF Filings: Pleadings, motions, and letters must be filed in searchable PDF format. Supporting documents, such as exhibits, may be filed in non-searchable PDF format.

Proposed Orders: If any relief is being sought, the CM/ECF filing must be accompanied by a proposed order in searchable PDF format.

Pre-motion conference: 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, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, 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.

Failure to file a pre-motion letter may result in the motion being administratively terminated without notice.

Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.

The Court will attempt to resolve the dispute(s) at a pre-motion conference (in person or via telephone/videoconference), to the extent possible. If the dispute cannot be resolved at the 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 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.

This letter exchange does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.

Pretrial Submissions (Jury Trials Only): Fourteen days prior to a scheduled jury trial, parties shall meet and confer and submit to the Court joint proposed: (1) neutral statement; (2) voir dire; (3) witness list for voir dire; (4) preliminary jury charge; (5) final jury charge; (6) anticipated jury instructions; (7) verdict sheet; and (8) exhibit list. If there are any areas of disagreement, each party shall submit their version of the proposed language for the Court’s review.

Confidential Information: Any letter containing confidential or sensitive information may be e-mailed to chambers at njdnef_martinotti@njd.uscourts.gov. Any documents filed under seal shall comply with Local Civil Rule 5.1.

Communications With Chambers: Calls to chambers are permitted only in urgent situations that require immediate attention. All other communication with chambers shall be electronically filed via CM/ECF. Parties appearing pro se must file all documents, applications, and motions directly with the Clerk’s Office. E-mails to chambers at njdnef_martinotti@njd.uscourts.gov will be accepted in lieu of phone calls. E-mails may not contain substantive content regarding a case. Any substantive content received via e-mail without consent of chambers will be ignored.

Extensions of Time: If consented, may be done by consent order via CM/ECF. If not consented, follow the regular motion procedure. To adjourn a previously scheduled appearance, obtain consent from your adversary and provide chambers with new dates in writing via CM/ECF, or contact the courtroom deputy via email.

Appearances (including in-person, Zoom, or telephonic): Notice of any scheduled appearance, including but not limited to status conferences, settlement conferences, and oral arguments, will be posted on the docket. Where counsel is scheduled to appear, all clients or representatives with settlement authority must be available by phone unless otherwise directed by chambers. The Court expects counsel to appear at least 15 minutes prior to any appearance.

Scheduling and Adjournments: Contact Lissette Rodriguez via email (Lissette_Rodriguez@njd.uscourts.gov).

Press Protocol:

1. Compliance with the Judge, U.S. Marshals Service, Court Security Officers, and Court Staff is required at all times. They are charged with enforcing the Court Rules and ensuring Court Security, and any instruction from them supersedes the following rules.

2. Photography, use of audio or video recording devices, and use of broadcasting or televising devices are prohibited in the courtroom and areas immediately adjacent thereto.

3. Electronic devices having a primary function of wireless communication, including but not limited to cell phones, laptops, and tablets, are permitted in the courtroom but must be rendered inoperable. They need not be turned off, but they must be silenced and may not be used to transmit or broadcast audio or visual feeds, updates, or messages in any form. They may be used for the purpose of note-taking only.

4. Members of the press shall have their credentials visible at all times and, if necessary upon request, shall present them to Court staff for documentation.

5. Any persons in violation of these rules will have their devices confiscated and risk being removed from the courtroom or courthouse at the discretion of the Judge, U.S. Marshals Service of Court Security Officers.

6. If you would like more information, the rules governing media coverage and possession and use of electronic equipment can be found under Local Civil Rules 401.1 and 501.1, available on the Court's website. Any other specific requests or inquiries can be emailed directly to chambers at njdnef_martinotti@njd.uscourts.gov.