Court Rules
Judge

Judge Brian M. Cogan

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of New York

Limits & Logistics

Document Limits

Fax
10 pgs
Brief
25 pgs
Memorandum Of Law
8,750 wds

Courtesy Copies

Courtesy copies

  • Not required

Adjournments

  • Adverse party consent alone is not sufficient for extension/adjournment.
  • Discovery extensions require exhaustion of legal remedies for non-compliance.
  • Adjournment/extension requests must be ECF letters (except pro se).

Request must include

Reason For RequestOriginal DateNumber Of Previous RequestsPrevious Requests Granted Or DeniedAdversary PositionProposed New DatesAffects Other Dates
5Business Daysnotice
  • Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.
Reason For Request

Communication

Email

Chambers

No status inquiries
Phone

Chambers

SchedulingEmergencies
Hours: 9:30 AM - 4:30 PM
No status inquiries
Letter via fax

Chambers

Emergencies
No status inquiries
Filters:AllMandatoryImportantFormattingECF FilingMemorandaExhibitsLettersTRO/InjunctionSummary Judgment56.1 Statements

Page & Word Limits3 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

Unless prior permission has been granted, memoranda of law in support of or in opposition to motions, if filed by an attorney or prepared with a computer, may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. The briefs shall be double spaced, with Times New Roman 12-point font and one-inch margins. All memoranda 10 pages or longer shall contain a table of contents and table of authorities.

Summary: Attorney briefs limited to 8,750 words (support/oppose) or 3,500 words (reply), with specific formatting.

8,750 words

Applies to: Attorney

Reply Brief

3,500 words

Applies to: Attorney

BMC-MLR · Sep 2025 · p. 5
|SecC. Motion Papers
Page Limits

Machine summary. Not checked yet.Mandatory?

If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.

Summary: Pro se briefs limited to 25 pages (support/oppose) or 10 pages (reply).

25 pages

Applies to: Pro Se

Reply Brief

10 pages

Applies to: Pro Se

BMC-MLR · Sep 2025 · p. 6
|SecC. Motion Papers
Page Limits

Machine summary. Not checked yet.Important?

In no event are faxes longer than ten pages permitted without prior authorization.

Summary: Faxes longer than 10 pages require prior authorization.

Fax

10 pages

Applies to: Attorney

Document Format Requirements7 rules

Formatting

Machine summary. Not checked yet.Mandatory?

State Court records in habeas corpus cases under 28 U.S.C. § 2254 must have each portion plainly labeled on ECF, not simply listed as an “Exhibit,” in a manner substantially similar to the following:

Summary: State court records in habeas cases must be plainly labeled on ECF, not just as “Exhibit.”

BMC-MLR · Sep 2025 · p. 3
|SecII. Electronic Case Filing (ECF)
Formatting

Machine summary. Not checked yet.Mandatory?

All documents in civil actions shall be filed electronically.

Summary: All civil documents must be filed electronically.

Required Format

PDF

BMC-MLR · Sep 2025 · p. 3
|SecII. Electronic Case Filing (ECF)
Formatting

Machine summary. Not checked yet.Mandatory?

The following format will be rejected and refiling required:

Summary: Generic “Exhibit State Court Record” labeling will be rejected and require refiling.

BMC-MLR · Sep 2025 · p. 4
|SecII. Electronic Case Filing (ECF)
Formatting

Machine summary. Not checked yet.Mandatory?

Filing Rules: In accordance with ECF Filing System

Summary: All filings must follow ECF Filing System rules.

Required Format

PDF

BMC-MLR · Sep 2025 · p. 4
|SecIII. Pleadings and Motions in Civil Cases
Formatting

Machine summary. Not checked yet.Mandatory?

All exhibits to declarations, affidavits or affirmations must be separately tabbed and indexed. Exhibits to declarations, affidavits or affirmations filed on ECF must be described following this sample format: (Attachments: # 1 Rule 56.1 Statement in Support of Plaintiff's Motion for Summary Judgment, # 2 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 3 Declaration, # 4 Exhibit 1-Excerpts of deposition transcript of John Doe dated 1-1-2024, # 5 Exhibit 2-Expert Report of Jane Doe, # 6 Exhibit 3-Rebuttal Expert Report, # 7 Exhibit 4-Amended Expert Report, # 8 Exhibit 5-Email from John Doe dated 1-1-2024.

Summary: Exhibits must be tabbed, indexed, and described in specific format.

Layout & Binding
Binding Style
Tabbed
BMC-MLR · Sep 2025 · p. 6
|SecC. Motion Papers
Formatting

Machine summary. Not checked yet.Mandatory?

NO HARD COPIES OF LETTERS, INCLUDING LETTERS REQUESTING EXTENSIONS OR ADJOURNMENTS, SHALL BE DELIVERED TO CHAMBERS OR TO THE COURT.

Summary: Letters must be filed electronically, no hard copies to chambers.

Required Format

PDF

Formatting

Machine summary. Not checked yet.Important?

Pro se parties are exempt from mandatory ECF filing. However, (1) parties represented by counsel must file documents electronically, even if that party’s adversary is pro se; and (2) pro se parties who have filed consent to electronic notification in any other form shall not receive notification in any other form.

Summary: Pro se parties exempt from ECF filing; represented parties must file electronically even against pro se opponents.

Required Format

Paper

BMC-MLR · Sep 2025 · p. 3
|SecII. Electronic Case Filing (ECF)

Document Filing Requirements13 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

The filing of Affidavits of Service as to any papers other than the summons and complaint is prohibited, except in pro se cases.

Summary: Affidavits of Service prohibited except in pro se cases.

Document Type

Affidavit Of Service

Specific requirements detailed in rule text.
BMC-MLR · Sep 2025 · p. 3
|SecII. Electronic Case Filing (ECF)
Filing Requirements

Machine summary. Not checked yet.Mandatory?

All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “motion” on ECF.

Summary: All requests for relief must be designated as motions on ECF.

Document Type

Motion

Content & Formatting
Caption
BMC-MLR · Sep 2025 · p. 3
|SecII. Electronic Case Filing (ECF)
Filing Requirements

Machine summary. Not checked yet.Mandatory?

When filing an amended complaint, counsel must attach a redline (in PDF form) indicating the differences between the previously-filed complaint and the amended complaint.

Summary: Amended complaints must include a redline PDF showing changes from previous complaint.

Document Type

Amended Complaint

Specific requirements detailed in rule text.
BMC-MLR · Sep 2025 · p. 4
|SecIII. Pleadings and Motions in Civil Cases
Filing Requirements

Machine summary. Not checked yet.Mandatory?

On motions for summary judgment, do not attach complete deposition transcripts as exhibits to affidavits or affirmations. Attach only pages containing relevant testimony to which citation is made in the memoranda or affidavits. However, any excerpted submissions must anticipate and comply with Federal Rule of Evidence 106. In other words, do not distort the record by leaving out a portion of the excerpt necessary for completeness.

Summary: Summary judgment motions: only relevant deposition pages as exhibits, must comply with FRE 106.

Document Type

Summary Judgment Motion

Content & Formatting
Exhibit List
BMC-MLR · Sep 2025 · p. 6
|SecC. Motion Papers
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Do not annex as exhibits copies of pleadings or other filings that already appear on the docket.

Summary: Do not include as exhibits documents already on the docket.

Document Type

Exhibit

Specific requirements detailed in rule text.
BMC-MLR · Sep 2025 · p. 6
|SecC. Motion Papers
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Affidavits or affirmations shall not be accepted on motions unless they are confined to factual averments. Attorney’s affidavits or affirmations shall not be accepted unless: (a) the facts addressed are within the personal knowledge of the attorney, such as in a discovery dispute; or (b) the attorney is authenticating documents and the attorney reasonably believes that authentication is not in issue.

Summary: Affidavits must be factual; attorney affidavits limited to personal knowledge or document authentication.

Document Type

Affidavit

Specific requirements detailed in rule text.
BMC-MLR · Sep 2025 · p. 6
|SecC. Motion Papers
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Motions for summary judgment may be denied if the Local Rule 56.1 Statements do not conform with the following requirements in addition to those set forth in the Local Rule: (a) Except in pro se cases, the Local Rule 56.1 statement by a party opposing summary judgment shall quote verbatim the moving party’s Local Rule 56.1 statement, and shall respond to each allegation in the moving party’s statement immediately beneath each allegation. The opposing statement also may, if necessary, include a separate section of additional material facts alleged to be in dispute.

Summary: Summary judgment: opposing party must quote verbatim movant's LR 56.1 statement and respond to each allegation.

Document Type

Lr 56 1 Statement

Specific requirements detailed in rule text.
BMC-MLR · Sep 2025 · p. 6
|SecC. Motion Papers
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Defendant’s sentencing memorandum, if any, is due two weeks prior to sentencing. The Government’s response, if any, is due one week prior to sentencing. If the defendant and the Government agree that the case presents no material factual or legal disputes, they may modify this schedule and shall advise the Court if they do so. Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.

Summary: Sentencing memoranda deadlines: defendant 2 weeks before, government 1 week before sentencing.

Document Type

Sentencing Memorandum

Content & Formatting
Legal Argument
Filing Requirements

Machine summary. Not checked yet.Mandatory?

After the Government’s time for filing a response has passed, but no less than five days prior to the scheduled sentencing, either party shall file a letter by ECF confirming that the sentencing is to proceed as scheduled. In the absence of such confirmation, the Court may adjourn the sentencing sua sponte for approximately 30 days.

Summary: Confirmation letter required 5 days before sentencing; failure to confirm may result in 30-day adjournment.

Document Type

Confirmation Letter

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Counsel must provide a brief description of the subject matter of the letter in the ECF entry field, e.g., “Joint Letter in connection with Initial Status Conference,” not simply, “Letter,” so that the docket remains intelligible.

Summary: ECF entry must include brief description of letter subject matter.

Document Type

Letter

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Note?

Filing on ECF constitutes service of papers other than the summons and complaint, although attorneys or pro se litigants may wish to agree on additional service by mail or delivery as a mutual accommodation.

Summary: ECF filing constitutes service for all papers except summons and complaint.

Document Type

All

Specific requirements detailed in rule text.
BMC-MLR · Sep 2025 · p. 3
|SecII. Electronic Case Filing (ECF)
Filing Requirements

Machine summary. Not checked yet.Note?

Oral Argument: Note “Oral Argument Requested” in the caption of Notice of Motion or the opposing memorandum

Summary: To request oral argument, note “Oral Argument Requested” in motion caption or opposing memorandum.

Document Type

Notice Of Motion

Content & Formatting
Caption
BMC-MLR · Sep 2025 · p. 4
|SecIII. Pleadings and Motions in Civil Cases
Filing Requirements

Machine summary. Not checked yet.Note?

Motion Returnable: Any day the Court is open (counsel should not appear)

Summary: Motions returnable any day court is open; counsel should not appear.

Document Type

Motion

Content & Formatting
Caption
BMC-MLR · Sep 2025 · p. 4
|SecIII. Pleadings and Motions in Civil Cases

Filing & Service rules

Courtesy Copy Requirements

No courtesy copies required for motions.

Courtesy Copies: No

Machine summary. Not checked yet.

Page 4 | III. Pleadings and Motions in Civil Cases

Filing Bundling Requirements

Motion papers must be filed promptly; bundling is prohibited.

Motion papers shall be filed promptly. Do not hold motion papers until all papers are complete. In other words, the Court does not follow a “bundling rule.”

Machine summary. Not checked yet.

Page 5 | C. Motion Papers

Pre-Motion Conference Requirements

Pre-motion conference required for most motions except specified exceptions.

For all other motions except (1) for provisional remedies, reconsideration, and post-judgment relief, (2) motions in habeas corpus, social security, and bankruptcy appeals, (3) motions for attorneys’ fees, (4) motions in limine, (5) motions for sanctions, and (6) motions by non-parties or proposed intervenors, a pre-motion conference is required before a party may file any motion.

Machine summary. Not checked yet.

Page 5 | B. Pre-Motion Conferences

Pre-motion letter (max 3 pages) required, with 5-day response period.

Parties must request a pre-motion conference in writing by ECF. The moving party shall submit a detailed letter not to exceed three pages in length setting forth the basis for the anticipated motion and simultaneously serve the request on all counsel. Parties so served shall serve and file a detailed letter response, not to exceed three pages, within five days from service of the notification letter, unless the Court directs otherwise.

Machine summary. Not checked yet.

Page 5 | B. Pre-Motion Conferences

Discovery motions require joint pre-motion letter describing meet and confer efforts.

For discovery motions, counsel must first describe their disputes in a single letter, jointly composed. Separate and successive letters will not be reviewed. Strict adherence to Fed.R.Civ.P. 37(a)(1), the meet and confer rule, is required, and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

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Page 5 | B. Pre-Motion Conferences

Pre-motion conference not required for criminal motions.

Parties do not need to file a letter requesting a pre-motion conference before filing a motion in criminal cases.

Machine summary. Not checked yet.

Page 8 | Motions in Criminal Cases

Adjournment & Extension Requirements

Adjournment/extension requests must be ECF letters (except pro se).

All requests for adjournments or extensions of time must be by ECF letter only (except for pro se litigants) and must state:

Machine summary. Not checked yet.

Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.

Applications regarding sentencing adjournments shall be made in writing by defense counsel at least five business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two business days before the date of sentencing.

Machine summary. Not checked yet.

Discovery extensions require exhaustion of legal remedies for non-compliance.

Discovery extensions in civil cases will not be granted based on an opponent’s or non-party’s non-compliance with discovery obligations unless the movant has exhausted, promptly upon the non-compliance, all legal remedies to obtain compliance.

Machine summary. Not checked yet.

Adverse party consent alone is not sufficient for extension/adjournment.

The consent of the adverse party is not a sufficient ground for an extension or adjournment.

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Chambers Communication Rules

Phone calls to chambers permitted 9:30 AM - 4:30 PM for scheduling/emergencies only.

Telephone calls to Chambers as to scheduling matters or emergency matters only are permitted between 9:30 a.m. and 4:30 p.m.

Machine summary. Not checked yet.

Faxes to chambers permitted only for urgent matters with copies to all counsel.

For attorneys who doubt this, faxes to Chambers are permitted only for urgent matters, and only if copies are simultaneously faxed or delivered to all counsel. Do not follow with a hard copy.

Machine summary. Not checked yet.

Do not call chambers with procedural questions covered by local/federal rules.

Do not call Chambers with procedural questions that are covered by the Local Rules of this Court and the Federal Rules of Civil or Criminal Procedure.

Machine summary. Not checked yet.

Do not copy court on correspondence between counsel.

Counsel shall not copy the Court on correspondence between and among them.

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Junior Lawyer Participation Incentives

Junior lawyers (under 5 years) may increase likelihood of oral argument.

The likelihood of oral argument is increased if the Court is advised by letter with the filing of the motion or opposition that the attorney who will argue the motion or opposition has been admitted to the bar five years or less.

Machine summary. Not checked yet.

Page 7 | Local Rule 56.1 statement

About United States District Judge Brian M. Cogan

**District Judge Brian M. Cogan** was appointed to the Eastern District of New York by President George W. Bush in 2006. Before his federal appointment, Judge Cogan spent his entire career at Stroock & Stroock & Lavan LLP, where he joined as an associate after clerking for Judge Sidney M. Aronovitz in the Southern District of Florida (1979–1980), became partner in 1988, and served as General Counsel from 2004 until his appointment. His practice focused on complex litigation, accountants' liability and securities fraud, insolvency, and cross-border litigation. He also served as Vice-Chairman of the Mayor's Committee on the Appointment of City Marshals and as a member of the Appellate Division, First Department, Departmental Disciplinary Committee. **Education** - Cornell Law School, J.D., 1979 (Cornell Law Review Board of Editors) - University of Illinois at Champaign-Urbana, B.A., 1975 **Career** - U.S. District Judge, Eastern District of New York, 2006–present - General Counsel, Stroock & Stroock & Lavan LLP, 2004–2006 - Partner, Stroock & Stroock & Lavan LLP, 1988–2004 - Associate, Stroock & Stroock & Lavan LLP, 1980–1988 - Law clerk, Hon. Sidney M. Aronovitz, U.S. District Court, Southern District of Florida, 1979–1980

**Courthouse:** 225 Cadman Plaza East, Brooklyn, NY 11201 / 100 Federal Plaza, Central Islip, NY 11722 **Phone:** (718) 613-2230 **Chambers Staff** - Courtroom Deputy: (718) 613-2235

Common questions about Judge Brian M. Cogan's rules

Are courtesy copies required for Judge Brian M. Cogan?

The rule limits courtesy-copy delivery rather than stating a blanket requirement before Judge Brian M. Cogan. No courtesy copies required for motions.

View ruleSource: page 4, section III. Pleadings and Motions in Civil Cases

Does Judge Brian M. Cogan require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for discovery. Discovery motions require joint pre-motion letter describing meet and confer efforts.

View ruleSource: page 5, section B. Pre-Motion Conferences

What page or word limits apply to brief before Judge Brian M. Cogan?

Judge Brian M. Cogan's rule states these limits: pro se: 25 pages; pro se: 10 pages. Pro se briefs limited to 25 pages (support/oppose) or 10 pages (reply).

View ruleSource: page 6, section C. Motion Papers

What page or word limits apply to memorandum of law before Judge Brian M. Cogan?

Judge Brian M. Cogan's rule states these limits: attorney: 8750 words; attorney: 3500 words. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. Attorney briefs limited to 8,750 words (support/oppose) or 3,500 words (reply), with specific formatting.

View ruleSource: page 5, section C. Motion Papers

What formatting rules apply to filings before Judge Brian M. Cogan?

Judge Brian M. Cogan's formatting rule includes file format PDF and no hard copies to chambers. Letters must be filed electronically, no hard copies to chambers.

What must be included with motion filings before Judge Brian M. Cogan?

The rule requires caption. All requests for relief must be designated as motions on ECF.

View ruleSource: page 3, section II. Electronic Case Filing (ECF)

What must be included with affidavit of service filings before Judge Brian M. Cogan?

The rule identifies required filing content or certificates. Affidavits of Service prohibited except in pro se cases.

View ruleSource: page 3, section II. Electronic Case Filing (ECF)

How may parties contact Judge Brian M. Cogan's chambers?

The rule addresses email communications with Judge Brian M. Cogan's chambers. Do not copy court on correspondence between counsel.

How do I request an adjournment or extension before Judge Brian M. Cogan?

Requests should be made at least 5 business days in advance when this rule applies before Judge Brian M. Cogan. The request must include reason for request. Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.

Does Judge Brian M. Cogan require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Motion papers must be filed promptly; bundling is prohibited.

View ruleSource: page 5, section C. Motion Papers

Does Judge Brian M. Cogan encourage junior lawyer participation?

Yes. Judge Brian M. Cogan's rules include a junior lawyer participation incentive. Junior lawyers (under 5 years) may increase likelihood of oral argument.

View ruleSource: page 7, section Local Rule 56.1 statement
Complete rules summary for Judge Brian M. Cogan

Letters must be filed electronically, no hard copies to chambers.

ECF entry must include brief description of letter subject matter.

Do not copy court on correspondence between counsel.

Phone calls to chambers permitted 9:30 AM - 4:30 PM for scheduling/emergencies only.

Do not call chambers with procedural questions covered by local/federal rules.

Faxes to chambers permitted only for urgent matters with copies to all counsel.

Faxes longer than 10 pages require prior authorization.

Adverse party consent alone is not sufficient for extension/adjournment.

Discovery extensions require exhaustion of legal remedies for non-compliance.

All civil documents must be filed electronically.

All requests for relief must be designated as motions on ECF.

Pro se parties exempt from ECF filing; represented parties must file electronically even against pro se opponents.

Affidavits of Service prohibited except in pro se cases.

ECF filing constitutes service for all papers except summons and complaint.

State court records in habeas cases must be plainly labeled on ECF, not just as “Exhibit.”

Generic “Exhibit State Court Record” labeling will be rejected and require refiling.

Motions returnable any day court is open; counsel should not appear.

To request oral argument, note “Oral Argument Requested” in motion caption or opposing memorandum.

All filings must follow ECF Filing System rules.

No courtesy copies required for motions.

Amended complaints must include a redline PDF showing changes from previous complaint.

Discovery motions require joint pre-motion letter describing meet and confer efforts.

Pre-motion conference required for most motions except specified exceptions.

Pre-motion letter (max 3 pages) required, with 5-day response period.

Motion papers must be filed promptly; bundling is prohibited.

Pro se briefs limited to 25 pages (support/oppose) or 10 pages (reply).

Affidavits must be factual; attorney affidavits limited to personal knowledge or document authentication.

Exhibits must be tabbed, indexed, and described in specific format.

Do not include as exhibits documents already on the docket.

Summary judgment motions: only relevant deposition pages as exhibits, must comply with FRE 106.

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