Judge Edward R. Korman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- When Fully Briefed
Exhibits
- 1 copy • Upon Filing
Motion, Voluminous Submission
- After Docketing On ECF
Adjournments
- Adjournment and extension requests must include prior-date history and adversary-consent details.
Request must include
- Requests to adjourn a court appearance must be made more than one week before the scheduled date.
- Consent motions to continue must be filed by 5pm one week before the scheduled date after consulting chambers staff.
Communication
Phone
Chambers
Phone
Chambers
Letter via ECF
Chambers
Phone
Chambers
Page & Word Limits1 rule
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Fax Page Limit: 5 pages
Summary: Fax submissions are limited to 5 pages.
Fax Submission
5 pages
Document Format Requirements2 rules
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Parties must file the letter electronically and submit a Microsoft Word version of the proposed document to chambers by email to matthew_o'brien@nyed.uscourts.gov
Summary: The proposed document must be provided to chambers in Microsoft Word format via email.
DOCX
Machine summary. Not checked yet.Mandatory?
State court records filed in proceedings on Habeas Corpus petitions brought pursuant to 28 U.S.C. § 2254 must have each “Exhibit,” in a manner substantially similar to the following:
Summary: In § 2254 habeas proceedings, each state-court-record attachment must be individually identified by exhibit rather than generically labeled.
Document Filing Requirements7 rules
Machine summary. Not checked yet.Mandatory?
All proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to a letter to the Court explaining the purpose of the document.
Summary: Proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to an explanatory letter to the Court.
Document Type
Proposed Order Stipulation Judgment
Machine summary. Not checked yet.Mandatory?
Parties must set forth the reasons why sealing is appropriate under the circumstances.
Summary: A sealing request must include reasons justifying sealing.
Document Type
Sealed Submission
Machine summary. Not checked yet.Mandatory?
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.
Summary: If an adjournment or extension impacts other deadlines, a proposed revised scheduling order must be attached.
Document Type
Adjournment Or Extension Request
Machine summary. Not checked yet.Mandatory?
If a party avails itself of the exception set forth in IV(c)(i), the motion shall be filed together with an explanation of the basis for its conclusion that delay would deprive it of a substantive right.
Summary: A motion filed under the IV(c)(i) exception must include an explanation that delay would deprive the party of a substantive right.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
A notice of motion and all supporting papers must be served on other parties along with a cover letter setting forth the identity of the movant and the nature of the papers being served. A copy of the cover letter must also be filed electronically.
Summary: Motion papers must be served with a cover letter identifying the movant and paper type, and that cover letter must also be e-filed.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Important?
all papers should bear the docket number for the case followed by the judge’s initials (ERK), as well as the initials of the assigned Magistrate Judge, e.g. 21-cv-1234-ERK-ABC.
Summary: All papers should include the docket number plus the district judge and assigned magistrate judge initials.
Document Type
Paper
Machine summary. Not checked yet.Important?
Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy only.
Summary: E-filed related papers must state that exhibits were filed only in hard copy.
Document Type
Related Papers
Filing & Service rules
Courtesy Copy Requirements
Motions and voluminous submissions require courtesy copies to chambers, marked as courtesy copies and using the docketed version with ECF metadata on each page.
Hard copies of motions, as well as voluminous submissions of any kind, must be provided to chambers. All such papers must be clearly marked “COURTESY COPY – ORIGINAL FILED BY ECF.” All courtesy copies (both hard copies and those emailed to Matthew O’Brien and to korman_chambers@nyed.uscourts.gov) must be of the docketed version and with metadata from the docket printed on top of every page
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Page 2 | II. Electronic Case Filing (ECF)
When exhibits are not e-filed, an original and a courtesy hard copy are required.
If exhibits are not electronically filed, one copy of each exhibit must be clearly marked “ORIGINAL,” and another marked “COURTESY COPY.”
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Page 3 | II. Electronic Case Filing (ECF)
When submitting the motion bundle, the movant must provide hard copies to chambers with a descriptive cover letter and send that cover letter to the magistrate judge and opposing counsel.
The original movant must also provide chambers with hard copies in accordance with Rule II(d). Hard copies provided to chambers must include a cover letter specifying the nature of each document included in the bundle. A copy of the cover letter shall be sent to the assigned Magistrate Judge and to opposing counsel.
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Page 5 | IV(d)(iii) Motion Bundle
Sealing & Redaction Procedures
Sealed or sensitive documents must be e-filed under seal and a labeled hard copy must be delivered to chambers.
Sealed documents, or documents containing sealed/sensitive information, must be filed electronically under seal, with a hard copy labeled “SEALED” or “SENSITIVE” provided to chambers.
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Page 3 | II. Electronic Case Filing (ECF)
Filing Bundling Requirements
Motion papers, including courtesy copies, must be held and not filed until full briefing is complete.
No motion papers may be filed, either electronically or as courtesy copies, until the motion has been fully briefed.
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Page 4 | IV. Motion Practice
Motion papers are to be filed electronically as a bundle only after full briefing is complete.
The original movant shall be responsible for electronically filing papers when the motion is fully briefed.
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Page 5 | IV(d)(iii) Motion Bundle
Adjournment & Extension Requirements
Adjournment and extension requests must include prior-date history and adversary-consent details.
All requests for adjournments or extensions of time must state (1) the original date due, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents.
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Page 4 | III. Communications with Chambers
Requests to adjourn a court appearance must be made more than one week before the scheduled date.
If the request is for an adjournment of a court appearance, it must be made earlier than 1 week prior to the scheduled date.
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Page 4 | III. Communications with Chambers
Consent motions to continue must be filed by 5pm one week before the scheduled date after consulting chambers staff.
After consulting with Matthew O’Brien (or chambers staff) concerning available Court dates, motions to continue on consent must be filed by 5pm one week prior to the scheduled date.
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Page 4 | III. Communications with Chambers
Chambers Communication Rules
Fax communications are permitted only with prior permission.
Fax: By permission only
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Phone calls about calendar matters or adjournments should go to the case manager or chambers at the listed numbers.
All calls concerning any calendar matters or adjournments should be made to Case Manager Matthew O’Brien at (718) 613-2476. Alternatively, parties may call chambers at (718) 613-2470.
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Page 3 | III. Communications with Chambers
Fax communications to chambers are allowed only if all counsel are simultaneously copied.
Faxes to chambers are permitted only if copies are concurrently faxed or delivered to all counsel assigned to a case.
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Page 3 | III. Communications with Chambers
Status-inquiry calls are discouraged unless the docket sheet has been checked first.
NOTE: Please do not call regarding the status of any case or submission without first referring to the docket sheet.
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Page 3 | III. Communications with Chambers
Communications with chambers must be by letter, and copies must be sent to all counsel in the case.
Except as provided below, communications with chambers shall be by letter, and copies of letters sent to the court shall also be sent to all counsel assigned to a case.
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Page 3 | III. Communications with Chambers
Counsel must communicate briefing schedules and any schedule revisions to the court by letter.
Counsel must inform the court of the briefing schedule and any revisions by letter.
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Page 5 | IV(d)(ii) Briefing Schedule
Chambers contact by phone is available at (718) 613-2476 during 9:30AM–5:30PM.
Telephone: (718) 613-2476 Hours: 9:30AM – 5:30PM
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