Judge Ann M. Donnelly
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- 3 copies • One Week Before Trial
Binding: Three Ring Binder
Adjournments
- Adjournment requests must be in writing with specific required elements.
- Up to two adjournment requests allowed on consent; further requests require good cause.
Request must include
- Adjournment requests must be made 48 hours in advance unless emergency.
- Page limit extensions require written request 5 days before due date (1 day for reply briefs).
Communication
Letter via ECF
Chambers
Chambers
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of or in opposition to motions are limited to 25 pages, double spaced, and reply memoranda are limited to 10 pages, double spaced. Parties should use Times New Roman 12-point font and one-inch margins. All memoranda 10 pages or longer are to contain a table of contents and table of authorities. All PDFs must be uploaded in a text-searchable format.
Summary: Memoranda of law limited to 25 pages (support/opposition) and 10 pages (reply), with specific formatting requirements.
Memorandum Of Law Supporting Motion
25 pages
Applies to: Attorney
Memorandum Of Law Opposing Motion
25 pages
Applies to: Attorney
Reply Memorandum
10 pages
Applies to: Attorney
Document Format Requirements3 rules
Machine summary. Not checked yet.Mandatory?
All courtesy copies should contain the ECF numbering at the top of each page, and should be submitted in a three-ring binder. Parties are encouraged to use double-sided printing for their courtesy copies.
Summary: Courtesy copies must have ECF numbering and be in three-ring binders.
Machine summary. Not checked yet.Mandatory?
The parties must use Times New Roman 12-point font, and one-inch margins.
Summary: Pre-motion letters must use Times New Roman 12-point font with one-inch margins.
Machine summary. Not checked yet.Mandatory?
Further, both the Rule 56.1 Statement and the Counterstatement must be submitted in Time New Roman 12-point font, with one-inch margins.
Summary: Rule 56.1 statements must use Times New Roman 12-point font with one-inch margins.
Document Filing Requirements20 rules
Machine summary. Not checked yet.Mandatory?
All case documents must be filed electronically on ECF for all civil cases other than pro se cases and for all criminal cases.
Summary: All case documents must be filed electronically on ECF for civil and criminal cases.
Document Type
All
Machine summary. Not checked yet.Mandatory?
Proposed orders, jury instructions, and other submissions that a party would like the Court to adopt should be emailed to chambers in word-processing format and filed on ECF. Parties need not submit word-processing files of stipulations of dismissal. Microsoft Word is preferred. Counsel may contact chambers for an email address to which the files may be sent.
Summary: Proposed orders and jury instructions should be emailed to chambers in Word format.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, 15 days before the trial commences, each party is to file the following:
Summary: Final pretrial filings due 15 days before trial in civil cases.
Document Type
Pretrial Filing
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the court, within 60 days of the date for the completion of discovery in a civil case, the parties are to submit to the court one joint proposed pretrial order, which is to include the following:
Summary: Joint pretrial order due 60 days after discovery completion in civil cases.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Each paragraph in the Local Rule 56.1 statement must contain an assertion of a material undisputed fact, not a description of evidence. Each assertion must include a citation to admissible evidence, and each response to an assertion must include a citation to admissible evidence.
Summary: LR 56.1 statements must contain material undisputed facts with citations to admissible evidence.
Document Type
Lr 56 1 Statement
Machine summary. Not checked yet.Mandatory?
Objections to the PSR are due within 14 days of the filing of the PSR. Objections to the PSR should be filed on ECF, with courtesy copies to the U.S. Probation Office.
Summary: PSR objections due 14 days after filing, with courtesy copies to Probation Office.
Document Type
Psr Objections
Machine summary. Not checked yet.Mandatory?
The defendant's sentencing submissions are due at least 21 days before the date of sentencing.
Summary: Defendant's sentencing submissions due 21 days before sentencing.
Document Type
Defendant Sentencing Submissions
Machine summary. Not checked yet.Mandatory?
Each exhibit should be accompanied by a cover page.
Summary: Each exhibit must have a cover page.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
If parties cite deposition transcripts, the full deposition transcripts should be filed on ECF and sent to the Court.
Summary: Full deposition transcripts must be filed on ECF when cited.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
If a response does not cite admissible evidence, the assertion will be deemed admitted.
Summary: LR 56.1 assertions without admissible evidence citations are deemed admitted.
Document Type
Lr 56 1 Counterstatement
Machine summary. Not checked yet.Mandatory?
The Government's sentencing submission are due at least 14 days before the date of sentencing.
Summary: Government's sentencing submissions due 14 days before sentencing.
Document Type
Government Sentencing Submissions
Machine summary. Not checked yet.Mandatory?
Before any party moves for summary judgment, the moving party must send opposing counsel a Local Rule 56.1 statement of undisputed fact. Opposing counsel must respond with a Local Rule 56.1 counterstatement.
Summary: LR 56.1 statement and counterstatement exchange required before summary judgment motion.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
The counterstatement must include each of the movant’s allegations, verbatim, and the opposing party must place its responses immediately beneath each of the movant’s statements of fact.
Summary: LR 56.1 counterstatement must include movant's allegations verbatim with responses beneath.
Document Type
Lr 56 1 Counterstatement
Machine summary. Not checked yet.Mandatory?
In any case where a summary judgment motion is filed against a pro se litigant, the moving party must comply with Local Civil Rule 56.2, and file notice that they have complied via ECF.
Summary: Summary judgment motions against pro se litigants require LR 56.2 compliance notice via ECF.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
If parties attach multiple exhibits to affidavits or declarations, they should file each exhibit as a separate attachment to the affidavit or declaration on ECF (e.g., ECF No. 80 (affidavit), 80-1 (exhibit 1), 80-2 (exhibit 2)). In other words, do not group all exhibits into a single file.
Summary: Each exhibit must be filed as separate attachment, not grouped.
Document Type
Affidavit Declaration
Machine summary. Not checked yet.Mandatory?
The PSR is due at least 45 days before the date of sentencing.
Summary: PSR due 45 days before sentencing.
Document Type
Psr
Machine summary. Not checked yet.Important?
Pro se parties are exempt from mandatory electronic filing, and are permitted to mail filings to the Pro Se Office at 225 Cadman Plaza East, Brooklyn, NY 11201. However, parties represented by counsel in cases involving a pro se litigant must still use ECF, and they must mail a copy of all documents to the pro se litigant.
Summary: Pro se parties may mail filings; represented parties must use ECF and mail copies to pro se litigants.
Document Type
All
Machine summary. Not checked yet.Note?
Parties may request oral argument by separate letter entitled “Request for Oral Argument,” at the time they file their moving or opposing or reply papers. Parties should file this request as a motion via ECF. The Court will determine whether argument is necessary and, if so, will advise counsel of the argument date.
Summary: Oral argument requests must be filed as separate ECF motion at time of filing papers.
Document Type
Motion
Machine summary. Not checked yet.Note?
The counterstatement may, if necessary, include a separate section of additional material facts alleged to be in dispute.
Summary: LR 56.1 counterstatement may include additional disputed facts section.
Document Type
Lr 56 1 Counterstatement
Machine summary. Not checked yet.Note?
The supporting exhibits need not be filed with the Court until the parties file their memoranda of law on summary judgment.
Summary: Supporting exhibits for summary judgment not filed until memoranda of law.
Document Type
Summary Judgment Motion
Filing & Service rules
Courtesy Copy Requirements
Three courtesy copies of trial materials required one week before trial.
One week before trial, the parties are to deliver to chambers three courtesy copies in black or white three-ring binders of: (i) all pre-marked trial exhibits; (ii) a list of all fact and expert witnesses; and (iii) a list of all exhibits with accompanying descriptions for each exhibit. Exhibit descriptions should not exceed one sentence.
Machine summary. Not checked yet.
Physical courtesy copies only when requested by the Court.
Parties should only send physical courtesy copies of ECF filings to the Court at the request of the Court.
Machine summary. Not checked yet.
Page 2 | Case Filings
Sealing & Redaction Procedures
Sealed/redacted documents must be filed on ECF with both versions, unredacted under seal.
Written submissions to be filed under seal or with redactions should be filed on ECF. Both the redacted and unredacted versions of a document should be filed on ECF, with the unredacted version filed under seal. Instructions for e-filing sealed documents are on the Eastern District's website. Unless prior approval to file under seal or in redacted form has already been granted, each submission is to be accompanied by an explanation of why sealing or filing with redactions is necessary.
Machine summary. Not checked yet.
Page 1 | Case Filings
Filing Bundling Requirements
Motion papers must be filed promptly; bundling is prohibited.
Motion papers are to be filed promptly. Do not hold motion papers until all briefing is complete. In other words, the Court does not follow a “bundling” rule.
Machine summary. Not checked yet.
Pre-Motion Conference Requirements
Briefing schedule set at pre-motion conference or directly by court; no changes without approval.
At the pre-motion conference, if the movant decides to make a motion, the Court will set a briefing schedule. If the Court determines that a pre-motion conference is unnecessary, a motion schedule will be set without a pre-motion conference. No changes to the schedule may be made without court approval.
Machine summary. Not checked yet.
Page 5 | D. Briefing Schedule
Audio/video exhibits require short letter motion for leave to file via Box.com.
To file an audio or video exhibit, a party must submit a short letter motion requesting leave to file the digital exhibit. If the Court grants the motion, it will provide instructions on how to file the exhibit on the Court’s Box.com account.
Machine summary. Not checked yet.
Page 5 | F. Audio or Video Exhibits
Pre-motion conference required before dispositive motions and venue change motions.
A pre-motion conference with the Court must be requested before making any of the following motions: i. any dispositive motion; or ii. any motion for a change of venue.
Machine summary. Not checked yet.
Opposition to pre-motion letter must be filed within 7 days (max 3 pages).
The opposing party or parties must respond with a letter not to exceed three pages within seven days.
Machine summary. Not checked yet.
Summary judgment pre-motion letter (max 3 pages) must include both parties' LR 56.1 statements.
The movant should file a letter, not to exceed 3 pages, explaining the basis for its motion and should attach: (i) the moving party’s Local Rule 56.1 Statement, and (ii) the opposing party’s counterstatement, in one document, as described above.
Machine summary. Not checked yet.
Summary judgment pre-motion letters must include both parties' Rule 56.1 statements.
If the motion is for summary judgment under Rule 56, the pre-motion conference letter must also include a copy of the movant’s Rule 56.1 Statement and the non-movant’s Rule 56.1 Counterstatement.
Machine summary. Not checked yet.
Pre-motion letter (max 3 pages) required to request pre-motion conference.
To request a pre-motion conference, the moving party is to file and serve a letter motion not to exceed three pages setting out the bases for the anticipated motion.
Machine summary. Not checked yet.
Movant must submit both parties' Rule 56.1 statements with pre-motion conference request.
The movant must submit a copy of both parties’ statements in accordance with Rule 4B.i., below.
Machine summary. Not checked yet.
Pre-motion conference required before summary judgment motion.
The moving party must request a pre-motion conference in advance of a motion for summary judgment.
Machine summary. Not checked yet.
Movant must exchange Rule 56.1 statements with opposing counsel before pre-motion conference.
The movant must exchange its Rule 56.1 statement with opposing counsel, and obtain opposing counsel’s counterstatement before requesting a pre-motion conference.
Machine summary. Not checked yet.
Pre-motion conference letter is considered equivalent to the motion for timing purposes.
Rules 12(a) and 56(b) set out time requirements for the filing of answers and motions permitted under those rules. For the purposes of these requirements, a pre-motion conference letter will be considered the equivalent of the motion itself.
Machine summary. Not checked yet.
Pro se parties exempt from pre-motion conference requirements.
Pro se parties are exempt from the pre-motion conference requirements of Rule 4B.i.
Machine summary. Not checked yet.
Pre-motion conference requirement excused for pro se parties and certain case types.
The pre-motion conference requirement is excused if the moving or opposing party is pro se, and in all habeas corpus petitions, prisoner petitions, social security appeals or bankruptcy appeals.
Machine summary. Not checked yet.
Adjournment & Extension Requirements
Adjournment requests must be made 48 hours in advance unless emergency.
If the requested adjournment affects any other scheduled dates, proposed revised dates must be provided. Absent an emergency, all requests for adjournment are to be made at least 48 hours prior to the scheduled deadline or appearance.
Machine summary. Not checked yet.
Page 2 | Case Filings
Adjournment requests must be in writing with specific required elements.
All requests for adjournments or extensions must be in writing and state: i. The original date; ii. The proposed date; iii. The number of previous requests for adjournment or extension; iv. Whether these previous requests were granted or denied; and v. Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Machine summary. Not checked yet.
Page 2 | Case Filings
Up to two adjournment requests allowed on consent; further requests require good cause.
Judge Donnelly will entertain up to two requests for adjournments on the same hearing or motion on consent of the parties. Any further requests for adjournment or extension of time must be premised upon good cause. Protracted settlement negotiations do not constitute good cause.
Machine summary. Not checked yet.
Page 2 | Case Filings
Page limit extensions require written request 5 days before due date (1 day for reply briefs).
Requests to file memoranda exceeding the page limits must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the written request must be made at least one day prior to the due date.
Machine summary. Not checked yet.
Page 5 | C. Memoranda of Law
Chambers Communication Rules
All communications with chambers must be via ECF letter, with copies to pro se parties.
All communications with chambers are to be via letter filed on ECF, with copies delivered to all parties who do not receive automatic notification through ECF (i.e., pro se parties). Parties should not delivery courtesy copies of letters to chambers.
Machine summary. Not checked yet.
Page 1 | Communications with Chambers
Government must notify Court in advance if victim will make impact statement.
The Government should advise the Court in advance if a victim will be making a victim impact statement.
Machine summary. Not checked yet.
Junior Lawyer Participation Incentives
Inexperienced attorneys in complex hearings should be supervised by experienced counsel.
Relatively inexperienced attorneys who seek to participate in evidentiary hearings of substantial complexity (e.g., examining witnesses at trial) should be accompanied and supervised by more experienced attorneys.
Machine summary. Not checked yet.
Page 2 | Courtroom Opportunities for Relatively Inexperienced Attorneys
Inexperienced attorneys are encouraged to participate in all court proceedings.
The participation of relatively inexperienced attorneys in all court proceedings—including but not limited to pre-motion conferences, pre-trial conference, hearings on discovery motions and dispositive motions, and examination of witnesses at trial—is strongly encouraged.
Machine summary. Not checked yet.
Page 2 | Courtroom Opportunities for Relatively Inexperienced Attorneys