Court Rules
Judge

Judge Diane Gujarati

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of New York

Limits & Logistics

Document Limits

Opening And Opposition Briefs
25 pgs
Objections And Responses To Reports And Recommendations
15 pgs
Memorandum Of Law
25 pgs
Reply Memorandum
10 pgs
Rr Objection Or Response
15 pgs

Courtesy Copies

Courtesy copies

  • Not required

Exhibits

  • 3 copies • One Week Before Trial

Adjournments

  • Adjournment requests for appearances within 24 hours require a phone call to chambers.
  • Extension requests for objection/response deadlines must be directed to Judge Gujarati.
  • Adjournment or extension requests must be written and include specific required details including reason, deadline history, adversary position, and proposed new dates.
  • +2 more

Request must include

Reason For RequestOriginal DateNumber Of Previous RequestsPrevious Requests Granted Or DeniedAdversary PositionProposed New DatesAffects Other Dates
2Business Daysnotice
  • Adjournment and extension requests require at least two business days of advance notice.
  • Absent emergency, adjournments of appearances and filing deadline extensions must be requested at least two business days in advance.
7Calendar Daysnotice
  • Applications for adjournments must be made at least one week before sentencing.
  • Sentencing adjournment requests must be made at least one week before the scheduled sentencing.
  • Sentencing adjournment requests must be made in writing at least one week in advance and must include the reason and opposing party consent position, including reasons for any non-consent.
Reason For RequestAdversary Position

Communication

Phone

Intake Unit

(718) 613-2285
Technical Issues
Phone

Chambers

SchedulingEmergencies
Filters:AllMandatoryImportantFormattingMemorandaExhibitsJPTOJuryLettersBinders/TabsTRO/Injunction

Page & Word Limits5 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.

Summary: Opening and opposition memoranda are limited to 25 pages.

Opening And Opposition Briefs

25 pages

Page Limits

Machine summary. Not checked yet.Mandatory?

Objections and responses not to exceed fifteen (15) pages.

Summary: Objections and responses to reports and recommendations are capped at 15 pages.

Objections And Responses To Reports And Recommendations

15 pages

Page Limits

Machine summary. Not checked yet.Mandatory?

Reply memoranda are limited to ten (10) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.

Summary: Reply memoranda are capped at 10 double-spaced pages, excluding specified materials.

Reply Memorandum

10 pages

DG-MLR · Nov 2023 · p. 9
|SecC. Memoranda of Law
Page Limits

Machine summary. Not checked yet.Mandatory?

Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.

Summary: Support and opposition memoranda are capped at 25 double-spaced pages, excluding specified materials.

Memorandum Of Law

25 pages

DG-MLR · Nov 2023 · p. 9
|SecC. Memoranda of Law
Page Limits

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Objections to R&Rs and responses to objections may not exceed fifteen (15) double-spaced pages and shall conform to the requirements of Individual Practice Rule III.C.2.

Summary: Objections and responses to R&Rs are limited to 15 double-spaced pages.

Rr Objection Or Response

15 pages

DG-MLR · Nov 2023 · p. 10
|SecF. Reports and Recommendations (R&Rs)

Document Format Requirements9 rules

Formatting

Machine summary. Not checked yet.Mandatory?

Mandatory for all submissions.

Summary: All submissions must be text-searchable.

Formatting

Machine summary. Not checked yet.Mandatory?

Provide the Court with three (3) tabbed binders containing copies of all exhibits and provide exhibit list.

Summary: One week before trial, parties must provide three tabbed binders containing all exhibit copies.

Layout & Binding
Binding Style
Tabbed Three Ring
DG-MLR · Nov 2023 · p. 2
|SecCivil Pretrial Procedures
Formatting

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All written submissions and supporting materials must be text-searchable, to the extent practicable. The Court may strike non-compliant submissions.

Summary: Written submissions and supporting materials must be text-searchable where practicable, and non-compliant filings may be stricken.

DG-MLR · Nov 2023 · p. 6
|SecI.D. Text-Searchable Submissions
Formatting

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All memoranda of law shall be produced in 12-point font, including footnotes, and shall have one-inch margins on all sides. All memoranda must be filed in a text-searchable format and must have the date of service printed on the front cover. Case law citations shall be to official case reporters or, for decisions not available in official reporters, to the Westlaw or Lexis electronic case database.

Summary: All memoranda must meet specified formatting and filing-content requirements, including 12-point font, one-inch margins, text-searchability, and service-date cover notation.

Typography
Size12 pt
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
DG-MLR · Nov 2023 · p. 9
|SecC. Memoranda of Law
Formatting

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Objections to R&Rs and responses to objections may not exceed fifteen (15) double-spaced pages and shall conform to the requirements of Individual Practice Rule III.C.2.

Summary: Objections and responses to R&Rs must follow the same formatting standards as Rule III.C.2.

DG-MLR · Nov 2023 · p. 10
|SecF. Reports and Recommendations (R&Rs)
Formatting

Machine summary. Not checked yet.Mandatory?

Requests to charge, proposed verdict sheets, and proposed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Microsoft Word formats no later than three (3) weeks before trial, unless otherwise ordered by the Court.

Summary: Jury charge requests, proposed verdict sheets, and proposed voir dire questions must be filed on ECF and provided to chambers in PDF and Word no later than three weeks before trial unless ordered otherwise.

DG-MLR · Nov 2023 · p. 12
|SecB. Filings Prior to Trial
Formatting

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The parties shall provide the Court with three (3) tabbed binders containing copies of all exhibits one (1) week before trial, unless otherwise ordered by the Court.

Summary: Parties must provide three tabbed binders of all trial exhibits one week before trial unless the Court orders otherwise.

DG-MLR · Nov 2023 · p. 14
|SecVII.B. Trial Exhibits
Formatting

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The plaintiff’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters.

Summary: Plaintiff exhibits must be pre-marked numerically and defendant exhibits must be pre-marked alphabetically.

DG-MLR · Nov 2023 · p. 12
|SecC. Trial Exhibits
Formatting

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Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.

Summary: Multipage documents intended for evidence must be paginated before trial.

DG-MLR · Nov 2023 · p. 12
|SecC. Trial Exhibits

Document Filing Requirements34 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

Attach a redline comparison (or equivalent) as an exhibit.

Summary: Amended or supplemented pleadings must include a redline comparison exhibit (or equivalent).

Document Type

Amended Or Supplemented Pleading

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Required for any submission that cites record material.

Summary: Any submission citing record material must include evidentiary citations.

Document Type

Submission Citing Record Material

Specific requirements detailed in rule text.
Filing Requirements

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Provide the Court with three (3) tabbed binders containing copies of all exhibits and provide exhibit list.

Summary: An exhibit list must be provided with the trial exhibit binders.

Document Type

Exhibits

Content & Formatting
Exhibit List
DG-MLR · Nov 2023 · p. 2
|SecCivil Pretrial Procedures
Filing Requirements

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File a proposed joint Pretrial Order. (If dispositive motion pending, proposed joint Pretrial Order due thirty (30) days after resolution of motion.)

Summary: A proposed joint pretrial order is required, with a timing carveout when a dispositive motion is pending.

Document Type

Pretrial Order

Content & Formatting
Proposed Order
DG-MLR · Nov 2023 · p. 2
|SecCivil Pretrial Procedures
Filing Requirements

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Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.

Summary: Memoranda of law must include both a table of contents and a table of authorities.

Document Type

Memoranda Of Law

Content & Formatting
Table Of Authorities
Table Of Contents
Filing Requirements

Machine summary. Not checked yet.Mandatory?

File requests to charge, proposed verdict sheets, and proposed voir dire questions.

Summary: Parties must file requests to charge, proposed verdict sheets, and proposed voir dire questions in advance of trial.

Document Type

Trial Submissions

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 2
|SecCivil Pretrial Procedures
Filing Requirements

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File proposed findings of fact and conclusions of law no later than ten (10) days post-trial; no responses permitted.

Summary: In non-jury civil and criminal trials, proposed findings of fact and conclusions of law are required within ten days after trial, and responses are not allowed.

Document Type

Proposed Findings Conclusions

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 3
|SecNon-Jury Civil and Criminal Trials
Filing Requirements

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Any request for relief from the Court, including a request for an adjournment or extension of time, must be filed as a “motion” on ECF.

Summary: Requests for adjournments or extensions must be filed on ECF as motions.

Document Type

Adjournment Or Extension Request

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 5
|SecI.A. Electronic Case Filing (ECF)
Filing Requirements

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Except for pro se parties, any party filing an amended or supplemented pleading shall attach as an exhibit to the filing a redline comparison (or equivalent) against the prior filing.

Summary: Represented parties filing amended or supplemented pleadings must attach a redline comparison exhibit against the prior filing.

Document Type

Amended Or Supplemented Pleading

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 6
|SecI.E. Redline Copies of Amended or Supplemented Pleadings
Filing Requirements

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In cases where one or more parties are proceeding pro se, the parties shall, in lieu of requesting a pre-motion conference, jointly file a proposed briefing schedule for any Daubert motion or motion pursuant to Fed. R. Civ. P. 12 or 56. Filing of a proposed briefing schedule within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.

Summary: In pro se cases, parties must jointly file a proposed briefing schedule instead of requesting a pre-motion conference for Daubert, Rule 12, and Rule 56 motions.

Document Type

Proposed Briefing Schedule

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 7
|SecIII.A.1 Pre-Motion Conferences
Filing Requirements

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Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.

Summary: Any submission citing record material must include specific evidentiary citations, including transcript pages.

Document Type

Submission

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 9
|SecD. Evidentiary Citations
Filing Requirements

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Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.

Summary: Memoranda must include both a table of contents and a table of authorities.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Authorities
Table Of Contents
DG-MLR · Nov 2023 · p. 9
|SecC. Memoranda of Law
Filing Requirements

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On the day the motion is fully briefed, the movant shall electronically file all of the parties’ motion papers. Separate docket entries should be used for each party’s papers and a separate docket entry should be used for any reply brief.

Summary: Once fully briefed, the movant must file all motion papers with separate docket entries for each party and for any reply brief.

Document Type

Motion Papers

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

2. Parties and Counsel. The names (including firm names), addresses, and telephone numbers of trial counsel.

Summary: Joint pretrial orders must list trial counsel names, firm names, addresses, and phone numbers.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

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Any request for extension of the deadline for filing objections or responses to objections shall be addressed to Judge Gujarati rather than to the Magistrate Judge.

Summary: Deadline extension requests for objections or responses must be directed to Judge Gujarati, not the Magistrate Judge.

Document Type

Extension Request

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecF. Reports and Recommendations (R&Rs)
Filing Requirements

Machine summary. Not checked yet.Mandatory?

5. Jury or Bench Trial. A statement by each party as to whether the case will be tried with or without a jury, and the number of trial days needed.

Summary: Joint pretrial orders must state jury vs. bench trial position and estimated trial days.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

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6. Consent to Trial by a Magistrate Judge. A statement as to whether all parties have consented to trial of the case by a magistrate judge. The statement shall not identify which parties have or have not consented.

Summary: Joint pretrial orders must include a magistrate-consent statement without identifying which parties did or did not consent.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

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1. Caption. The full caption of the action.

Summary: Joint pretrial orders must include the full caption.

Document Type

Joint Pretrial Order

Content & Formatting
Caption
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered by the Court, the parties shall jointly submit to the Court a proposed Pretrial Order within thirty (30) days after the completion of discovery in a civil case or, if dispositive motions remain pending, within thirty (30) days after the Court resolves all such motions.

Summary: Parties must jointly submit a proposed pretrial order within 30 days of discovery completion or within 30 days after dispositive motions are resolved.

Document Type

Proposed Pretrial Order

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

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7. Statement of Relief Sought. A detailed statement of the damages and other relief sought by the plaintiff.

Summary: Joint pretrial orders must include a detailed plaintiff statement of damages and other relief sought.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

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4. Claims and Defenses. A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters. The summaries shall also identify all claims and defenses previously asserted which will not be tried.

Summary: Joint pretrial orders must summarize remaining claims and defenses with statutory citations and identify previously asserted claims/defenses that will not be tried.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

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3. Jurisdiction. A brief statement by the plaintiff explaining the basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on and (ii) relevant facts concerning citizenship and jurisdictional amount.

Summary: Joint pretrial orders must contain specified plaintiff and defendant jurisdiction statements with legal and factual citations.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 10
|SecIV.A. Joint Pretrial Orders in Civil Cases
Filing Requirements

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Any request to schedule a change of plea hearing shall be accompanied by an elements sheet and any relevant agreement and/or penalty sheet.

Summary: A request to schedule a change-of-plea hearing must include an elements sheet and any relevant agreement or penalty sheet.

Document Type

Change Of Plea Hearing Request

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 13
|SecVI.D. Change of Plea Hearings
Filing Requirements

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The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed-upon requests to charge and, where no agreement is reached, each party’s proposed charge and/or one party’s proposed charge with an explanation of any other party’s objection to that charge.

Summary: Parties must file a single joint requests-to-charge submission that includes agreed charges and identifies disputed proposals with objections.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 14
|SecVII.A. Filings Prior to Trial
Filing Requirements

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In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than ten (10) days after the conclusion of trial. Responses to such submissions are not permitted.

Summary: In non-jury trials, parties must file proposed findings of fact and conclusions of law within ten days after trial, and responses are not allowed.

Document Type

Proposed Findings Conclusions

Content & Formatting
Statement Of Facts
Legal Argument
DG-MLR · Nov 2023 · p. 15
|SecIX. Non-Jury Civil and Criminal Trials
Filing Requirements

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If applicable, the Government’s sentencing memorandum shall address restitution. The Government shall also advise the Court if a victim will be making a victim impact statement.

Summary: When applicable, the Government’s sentencing memorandum must address restitution and state whether a victim will give a victim impact statement.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 15
|SecVIII.A. Sentencing
Filing Requirements

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Provide pro se litigants with a copy of this Court’s Individual Practice Rules and file a certificate of service as early as practicable in the litigation.

Summary: Counsel must provide pro se litigants a copy of the Court’s Individual Practice Rules and promptly file a certificate of service.

Document Type

Certificate Of Service

Content & Formatting
Certificate Of Service
DG-MLR · Nov 2023 · p. 16
|SecX.B.2 Responsibilities of Counsel in Matters Involving Pro Se Litigants
Filing Requirements

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Pre-motion letters and responses must contain sufficient legal authority to serve this purpose.

Summary: Pre-motion letters and responses must include enough legal authority to support their synopsis function.

Document Type

Pre Motion Letter Response

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 8
|SecIII.A.4 Pre-Motion Conferences
Filing Requirements

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If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed on ECF in advance of the fully briefed motion, and it must be filed as a letter, not as a motion.

Summary: When using deferred motion filing, parties must serve motion papers with a cover letter and file only that cover letter on ECF as a letter before full briefing.

Document Type

Cover Letter

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Exhibit lists shall also be provided, and the information therein shall be contained in four columns, titled Exhibit; Description; Identified; and Admitted, respectively.

Summary: Exhibit lists are required and must use four specified columns: Exhibit, Description, Identified, and Admitted.

Document Type

Exhibit List

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 12
|SecC. Trial Exhibits
Filing Requirements

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Requests to charge must contain citations to supporting authority.

Summary: Requests to charge are required to include citations to supporting authority.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 12
|SecB. Filings Prior to Trial
Filing Requirements

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Any party seeking an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, should be prepared to state at the time the exclusion is requested: the ground(s) supporting the exclusion and the relevant statutory section(s).

Summary: A Speedy Trial Act exclusion request must state the supporting grounds and relevant statutory sections when made.

Document Type

Speedy Trial Act Exclusion Request

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 13
|SecVI.B. Speedy Trial Act Exclusions of Time
Filing Requirements

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The Government’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters. Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.

Summary: Government exhibits must be pre-marked numerically, defense exhibits alphabetically, and multi-page exhibits must be paginated before trial.

Document Type

Trial Exhibits

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 14
|SecVII.B. Trial Exhibits
Filing Requirements

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Parties may request oral argument by noting “Oral Argument Requested” below the docket number on the moving or opposing papers.

Summary: A party requesting oral argument must place the specified phrase below the docket number on moving or opposing papers.

Document Type

Moving Or Opposing Papers

Specific requirements detailed in rule text.
DG-MLR · Nov 2023 · p. 9
|SecE. Oral Argument on Motions

Filing & Service rules

Courtesy Copy Requirements

Parties must deliver three tabbed binders of all exhibits to the Court one week before trial unless the Court orders otherwise.

The parties shall provide the Court with three (3) tabbed binders containing copies of all exhibits one (1) week before trial, unless otherwise ordered by the Court.

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Page 12 | C. Trial Exhibits

Courtesy copy submission is suspended until further notice.

Suspended until further notice.

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Page 1 | Case Filings

Courtesy copy submissions are currently suspended.

Courtesy copy requirements are suspended until further notice.

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Page 5 | I.C. Courtesy Copies

Sealing & Redaction Procedures

Sealed filings must be filed through ECF under seal.

File via ECF under seal.

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Page 1 | Case Filings

Sealing requests must comply with EDNY Administrative Order No. 2004-05.

Parties must comply with Administrative Order No. 2004-05, In Re: Requests to Seal Documents (E.D.N.Y. Apr. 20, 2004), which can be found at:

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Page 5 | I.B. Filing Under Seal

Sealed filings must be made via ECF and include a sealing motion, following EDNY website instructions.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion via ECF in accordance with the instructions on the Eastern District’s website at:

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Page 5 | I.B. Filing Under Seal

Filing Bundling Requirements

Parties must submit one joint requests-to-charge document that includes agreed requests and any disputed proposals with objections.

The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed-upon requests to charge and, where no agreement is reached, each party’s proposed charge and/or one party’s proposed charge with an explanation of any other party’s objection to that charge.

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Page 12 | B. Filings Prior to Trial

The Court encourages parties to wait to file motion papers until briefing is complete, except when delay risks missing a deadline.

As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed, unless doing so might cause a party to miss an applicable deadline.

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Page 9 | Civil Motions

The Court encourages parties to hold motion-paper filing until full briefing is complete unless that would risk missing a deadline.

As a courtesy, the Court requests that parties refrain from filing motion papers until a motion is fully briefed, unless doing so might cause a party to miss an applicable deadline.

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Page 2 | Civil Motions

Pre-Motion Conference Requirements

Daubert and Rule 12 pre-motion letters and responses are limited to three pages, responses are due within one week, and Rule 12 responses must address leave to amend.

For Daubert motions and motions under Fed. R. Civ. P. 12: Three (3) pages for letter requesting pre-motion conference. Three (3) pages for response, due within one (1) week. For motions under Fed. R. Civ. P. 12, response must state whether party will seek leave to amend.

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Page 1 | Civil Motions

Pre-motion conference requests are required for Daubert and Rules 12/56 motions, with listed case-type and pro se exceptions, and pro se cases must submit a joint proposed briefing schedule instead.

Required for Daubert motions and motions under Fed. R. Civ. P. 12 or 56 in all cases except bankruptcy appeals, social security appeals, habeas corpus/prisoner petition cases, or cases in which one or more parties are proceeding pro se. For cases in which one or more parties are proceeding pro se, joint proposed briefing schedule required in lieu of pre-motion conference request.

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Page 1 | Civil Motions

Rule 56 pre-motion letters and responses are capped at three pages, Rule 56.1 statements are required on both sides, and the response package is due within two weeks.

For motions under Fed. R. Civ. P. 56: Three (3) pages for letters requesting pre-motion conference. Rule 56.1 Statement required. Three (3) pages for response. Responsive Rule 56.1 Statement required. Response letter and responsive Rule 56.1 Statement due within two (2) weeks.

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Page 2 | Civil Motions

Motions in limine must be filed thirty days before trial, and responses are due ten days after filing.

File motions in limine. Responses due ten (10) days after motion filed.

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Page 3 | Criminal – Trial

For Rule 56 motions, the moving party must file a Rule 56.1 statement with the pre-motion letter and file cited evidence as declaration exhibits.

For motions pursuant to Fed. R. Civ. P. 56: At the time the moving party files its pre-motion conference letter, the moving party must also file a statement of material facts on motion for summary judgment (“Rule 56.1 Statement”) in the form set forth in Local Civil Rule 56.1. Any evidence cited in a party’s Rule 56.1 Statement must be attached as an exhibit to a declaration and filed along with the party’s Rule 56.1 Statement.

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Page 7 | III.A.2 Pre-Motion Conferences

Pre-motion conferences are required before Rule 12, Rule 56, and Daubert motions in civil cases, except in specified exempt categories.

Pre-motion conferences are not required in bankruptcy appeals, social security appeals, habeas corpus/prisoner petition cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference with the Court before filing any motion pursuant to Fed. R. Civ. P. 12 or 56, or before filing a Daubert motion.

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Page 7 | III.A.1 Pre-Motion Conferences

Any party served with a pre-motion conference letter must file and serve a response letter.

All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response.

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Page 7 | III.A.3 Pre-Motion Conferences

A pre-motion conference request must be made by a letter from the moving party limited to three pages and stating the basis for the anticipated motion.

To request a pre-motion conference, the moving party must file and serve a letter, not to exceed three (3) pages, setting out the bases for the anticipated motion.

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Page 7 | III.A.2 Pre-Motion Conferences

For Daubert and Rule 12 motions, response letters are due within one week, limited to three pages, and must include amendment-position details for anticipated dismissal motions.

For Daubert motions and motions pursuant to Fed. R. Civ. P. 12: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within one (1) week of service of the moving party’s letter. The response shall not exceed three (3) pages. When a party responds to a pre-motion letter in anticipation of a motion to dismiss, the party must state whether it will seek leave to amend in light of one or more of the alleged pleading defects and must indicate the nature of any contemplated amendment.

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Page 7 | III.A.3 Pre-Motion Conferences

For Rule 56 motions, response letters are due within two weeks, capped at three pages, and must include a responsive Rule 56.1 statement with cited evidence attached as exhibits.

For motions pursuant to Fed. R. Civ. P. 56: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within two (2) weeks of service of the moving party’s letter. The response shall not exceed three (3) pages. The responding party must also file a responsive Rule 56.1 Statement in the form set forth in Local Civil Rule 56.1. Any evidence cited in a party’s responsive Rule 56.1 Statement must be attached as an exhibit to a declaration and filed along with the party’s responsive Rule 56.1 Statement.

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Page 8 | III.A.3 Pre-Motion Conferences

Except for emergency motions, parties must wait for a court-entered briefing schedule before serving motion papers, cannot change that schedule without court approval, and may not file sur-replies.

Except for motions seeking emergency relief, parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval. Sur-replies are not permitted.

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Page 8 | III.B.3 Briefing Schedule

Section III.A pre-motion procedures apply only to Daubert, Rule 12, and Rule 56 motions, and do not require pre-motion letters for Rule 50, 59, or 60 motions.

The provisions of this section (III.A) of these Individual Practice Rules do not apply to motions other than Daubert motions and motions filed pursuant to Fed. R. Civ. P. 12 or 56. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59, or 60.

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Page 8 | III.A.5 Pre-Motion Conferences

Motions in limine must be filed 30 days before trial, responses are due 10 days after filing, and replies are not allowed unless the Court orders otherwise.

Unless otherwise ordered by the Court, any motions addressing evidentiary or other issues that should be resolved in limine shall be filed thirty (30) days before the commencement of trial; a motion response, if any, is due ten (10) days after the motion is filed. Replies are not permitted.

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Page 11 | B. Filings Prior to Trial

In criminal motions, parties must wait for a court-set briefing schedule before serving motion papers, and schedule changes require court approval.

Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.

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Page 14 | VI.E. Motions

For motions, the Court sets the briefing schedule and parties may request oral argument.

Briefing schedule to be set by the Court. For Memoranda of Law, see Rule III.C. For Evidentiary Citations, see Rule III.D. Parties may request oral argument.

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Page 3 | Criminal – General

The Court sets briefing schedules, and parties are encouraged to submit joint schedule proposals.

Motion briefing schedules will be set by the Court. Parties are encouraged to jointly propose briefing schedules.

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Page 8 | III.B.1-2 Briefing Schedule

The Court may skip a pre-motion conference and may, in appropriate cases, treat the pre-motion submission and conference arguments as the motion itself.

The Court may determine in some cases after a pre-motion conference request is filed that such a conference is unnecessary and may set a briefing schedule without holding a conference. In appropriate cases, the Court may exercise its discretion to construe the pre-motion letter, along with counsel’s arguments at the pre-motion conference, as the motion itself.

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Page 8 | III.A.4 Pre-Motion Conferences

Oral argument on criminal motions is discretionary with the Court, though parties may request it.

Oral Argument on Motions. The Court will determine whether to hear oral argument on motions. Parties may request oral argument.

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Page 14 | VI.E. Motions

Adjournment & Extension Requirements

Adjournment and extension requests require at least two business days of advance notice.

Provide at least two (2) business days’ notice.

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Page 1 | Case Filings

Applications for adjournments must be made at least one week before sentencing.

Due at least one (1) week before the date of sentencing.

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Page 3 | Sentencing

A chambers phone call is mandatory for requests to adjourn court appearances scheduled within 24 hours.

A party must call chambers when seeking to adjourn a court appearance scheduled to take place within 24 hours.

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Page 6 | II.B. Telephone Calls

Absent emergency, adjournments of appearances and filing deadline extensions must be requested at least two business days in advance.

Absent an emergency, requests for adjournments of court appearances and extensions of filing deadlines shall be made at least two (2) business days prior to the scheduled appearance or filing deadline.

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Page 6 | I.F. Requests for Adjournments or Extensions of Time

Adjournment or extension requests must be written and include specific required details including reason, deadline history, adversary position, and proposed new dates.

All requests for adjournments or extensions of time must be in writing and state: (i) the reason for the request; (ii) the original deadline; (iii) the number of previous requests for adjournments or extensions; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons given by the adversary for declining to consent; and (vi) proposed date(s) for adjournment or extension of time.

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Page 6 | I.F. Requests for Adjournments or Extensions of Time

Sentencing adjournment requests must be made at least one week before the scheduled sentencing.

Requests for adjournments of sentencings shall be made at least one (1) week before the scheduled sentencing.

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Page 6 | I.F. Requests for Adjournments or Extensions of Time

Sentencing adjournment requests must be made in writing at least one week in advance and must include the reason and opposing party consent position, including reasons for any non-consent.

Applications regarding sentencing adjournments shall be made in writing at least one (1) week prior to the date of sentencing and must state the reason for the request and whether the opposing party consents. If the opposing party does not consent, the application for adjournment must provide the reasons given by the opposing party for declining to consent.

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Page 15 | VIII.B. Sentencing

Adjournment requests for appearances within 24 hours require a phone call to chambers.

Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.

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Page 1 | Communications with Chambers

Extension requests for objection/response deadlines must be directed to Judge Gujarati.

Requests for extensions of time to file objections and/or responses to be addressed to Judge Gujarati.

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Page 2 | Civil Motions

If an adjournment or extension affects other scheduled dates, revised dates for those affected dates should be proposed.

If the requested adjournment or extension affects any other scheduled date, the party seeking the adjournment should propose revisions of the additional affected date(s).

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Page 6 | I.F. Requests for Adjournments or Extensions of Time

Chambers Communication Rules

Written communications with chambers must be filed through ECF.

File via ECF.

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Page 1 | Communications with Chambers

Non-emergency communications with chambers must be in writing and filed via ECF, with simultaneous copies to parties not receiving ECF notice.

Except in emergency situations requiring immediate attention or as otherwise noted in these Individual Practice Rules, all communications with chambers shall be in writing and filed via ECF, with copies simultaneously delivered to all parties who do not receive automatic notification through ECF.

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Page 6 | II.A. Written Communications with Chambers

In newly assigned criminal cases, the U.S. Attorney’s Office must promptly inform chambers of assignment and specified prior SDNY Criminal Division involvement, and phone calls to chambers may be used for this.

Assistant United States Attorneys are responsible for informing chambers as soon as a new case has been assigned to Judge Gujarati so that a conference can be scheduled. The United States Attorney’s Office must also inform chambers whether or not the Criminal Division of the United States Attorney’s Office for the Southern District of New York had any involvement in the case’s investigation or prosecution prior to September 22, 2020. 2 Telephone calls to chambers are permitted for these purposes.

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Page 13 | VI.A. Preliminary Matters

Telephone calls to chambers are allowed for urgent matters and for adjournment requests when an appearance is within 24 hours.

Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.

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Page 1 | Communications with Chambers

Telephone calls to chambers are generally discouraged but allowed for urgent matters.

Telephone calls to chambers are generally disfavored but are permitted for urgent matters.

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Page 6 | II.B. Telephone Calls

ECF technical help is available by phone through the ECF helpline at (718) 613-2285, not through chambers staff.

Chambers staff cannot help with filing via ECF. For ECF assistance, please call the ECF helpline at (718) 613-2285.

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Page 5 | I.A. Electronic Case Filing (ECF)

About United States District Judge Diane Gujarati

**District Judge Diane Gujarati** was appointed to the Eastern District of New York by President Donald J. Trump in 2020. Before her judicial appointment, Judge Gujarati served for over two decades as an Assistant U.S. Attorney in the Southern District of New York (1999–2020), rising to Deputy Chief of the Criminal Division (2012–2020). Her earlier supervisory roles in that office included Chief and Deputy Chief of the White Plains Division (2008–2012) and Deputy Chief of the Criminal Division's Appeals Unit (2006–2008). Before joining the U.S. Attorney's Office she was an associate at Davis Polk & Wardwell (1996–1999) and clerked for the Hon. John M. Walker, Jr. of the U.S. Court of Appeals for the Second Circuit (1995–1996). She also served as an Adjunct Professor of Clinical Law at NYU School of Law (2015–2018). **Education** - Yale Law School, J.D., 1995 (Yale Law Journal editor) - Barnard College of Columbia University, B.A., Economics, summa cum laude, 1990 **Career** - U.S. District Judge, Eastern District of New York, 2020–present - Deputy Chief, Criminal Division, AUSA, SDNY, 2012–2020 - Chief / Deputy Chief, White Plains Division, AUSA, SDNY, 2008–2012 - Assistant U.S. Attorney, SDNY, 1999–2008 - Associate, Davis Polk & Wardwell, 1996–1999 - Law clerk, Hon. John M. Walker, Jr., U.S. Court of Appeals, Second Circuit, 1995–1996

**Courthouse:** 225 Cadman Plaza East, Brooklyn, NY 11201 / 100 Federal Plaza, Central Islip, NY 11722 **Phone:** (718) 804-2730 **Chambers Staff** - Contact details available in Judge's Individual Practices and Rules

Common questions about Judge Diane Gujarati's rules

Are courtesy copies required for Judge Diane Gujarati?

Courtesy-copy rule applies for exhibits. Details: 3 copies, delivery one week before trial. Parties must deliver three tabbed binders of all exhibits to the Court one week before trial unless the Court orders otherwise.

View ruleSource: page 12, section C. Trial Exhibits

Does Judge Diane Gujarati require a pre-motion conference or letter before filing a motion?

Judge Diane Gujarati's rules set a pre-motion procedure for daubert, rule 12, and rule 56. Pre-motion conference requests are required for Daubert and Rules 12/56 motions, with listed case-type and pro se exceptions, and pro se cases must submit a joint proposed briefing schedule instead.

View ruleSource: page 1, section Civil Motions

What page or word limits apply to opening and opposition briefs before Judge Diane Gujarati?

Judge Diane Gujarati's rule states these limits: 25 pages. Opening and opposition memoranda are limited to 25 pages.

View ruleSource: page 2, section Civil Motions

What page or word limits apply to objections and responses to reports and recommendations before Judge Diane Gujarati?

Judge Diane Gujarati's rule states these limits: 15 pages. Objections and responses to reports and recommendations are capped at 15 pages.

View ruleSource: page 2, section Civil Motions

What formatting rules apply to filings before Judge Diane Gujarati?

Judge Diane Gujarati's formatting rule includes text searchable submissions mandatory. All submissions must be text-searchable.

View ruleSource: page 1, section Case Filings

What must be included with amended or supplemented pleading filings before Judge Diane Gujarati?

The rule identifies required filing content or certificates. Amended or supplemented pleadings must include a redline comparison exhibit (or equivalent).

View ruleSource: page 1, section Case Filings

What must be included with submission citing record material filings before Judge Diane Gujarati?

The rule identifies required filing content or certificates. Any submission citing record material must include evidentiary citations.

View ruleSource: page 2, section Civil Motions

How may parties contact Judge Diane Gujarati's chambers?

The rule addresses letter ecf communications with Judge Diane Gujarati's chambers. Written communications with chambers must be filed through ECF.

View ruleSource: page 1, section Communications with Chambers

How does Judge Diane Gujarati handle sealed or redacted filings?

Judge Diane Gujarati's rules set procedures for sealed or redacted filings. Sealed filings must be filed through ECF under seal.

View ruleSource: page 1, section Case Filings

How do I request an adjournment or extension before Judge Diane Gujarati?

Requests should be made at least 2 business days in advance when this rule applies before Judge Diane Gujarati. Adjournment and extension requests require at least two business days of advance notice.

View ruleSource: page 1, section Case Filings

Does Judge Diane Gujarati require motion papers to be bundled?

Yes. Judge Diane Gujarati requires bundling for covered papers. Parties must submit one joint requests-to-charge document that includes agreed requests and any disputed proposals with objections.

View ruleSource: page 12, section B. Filings Prior to Trial
Complete rules summary for Judge Diane Gujarati

Telephone calls to chambers are allowed for urgent matters and for adjournment requests when an appearance is within 24 hours.

Adjournment requests for appearances within 24 hours require a phone call to chambers.

Sealed filings must be filed through ECF under seal.

Courtesy copy submission is suspended until further notice.

All submissions must be text-searchable.

Amended or supplemented pleadings must include a redline comparison exhibit (or equivalent).

Adjournment and extension requests require at least two business days of advance notice.

Written communications with chambers must be filed through ECF.

Any submission citing record material must include evidentiary citations.

Pre-motion conference requests are required for Daubert and Rules 12/56 motions, with listed case-type and pro se exceptions, and pro se cases must submit a joint proposed briefing schedule instead.

Daubert and Rule 12 pre-motion letters and responses are limited to three pages, responses are due within one week, and Rule 12 responses must address leave to amend.

Rule 56 pre-motion letters and responses are capped at three pages, Rule 56.1 statements are required on both sides, and the response package is due within two weeks.

The Court encourages parties to hold motion-paper filing until full briefing is complete unless that would risk missing a deadline.

Opening and opposition memoranda are limited to 25 pages.

Memoranda of law must include both a table of contents and a table of authorities.

Objections and responses to reports and recommendations are capped at 15 pages.

Extension requests for objection/response deadlines must be directed to Judge Gujarati.

A proposed joint pretrial order is required, with a timing carveout when a dispositive motion is pending.

Parties must file requests to charge, proposed verdict sheets, and proposed voir dire questions in advance of trial.

An exhibit list must be provided with the trial exhibit binders.

For motions, the Court sets the briefing schedule and parties may request oral argument.

Applications for adjournments must be made at least one week before sentencing.

In non-jury civil and criminal trials, proposed findings of fact and conclusions of law are required within ten days after trial, and responses are not allowed.

Requests for adjournments or extensions must be filed on ECF as motions.

ECF technical help is available by phone through the ECF helpline at (718) 613-2285, not through chambers staff.

Sealed filings must be made via ECF and include a sealing motion, following EDNY website instructions.

Sealing requests must comply with EDNY Administrative Order No. 2004-05.

Courtesy copy submissions are currently suspended.

Written submissions and supporting materials must be text-searchable where practicable, and non-compliant filings may be stricken.

Represented parties filing amended or supplemented pleadings must attach a redline comparison exhibit against the prior filing.

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