Judge Eric R. Komitee
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon Filing
Courtesy copies
- 1 copy
- 2 copies • Upon Filing
Filings >= 100 pages
- 1 copy • Upon Filing
Motion, Letter
- Upon Filing
Adjournments
- Adjournment/extension requests must be filed on ECF at least 3 business days before deadline, except for pro se litigants.
- Adjournment and extension requests must be filed at least three business days in advance and through ECF, except pro se litigants.
- Adverse party consent is not sufficient ground for extension or adjournment.
- Deadlines generally not adjourned if parties reached settlement in principle but haven't filed stipulation to dismiss.
- Court will not adjourn deadlines upon settlement in principle; only upon effective stipulation of dismissal or accepted Rule 68 offer.
- +3 more
Request must include
- Requests to exceed memorandum page limits must be made in writing at least 5 days before the due date, or 2 days for reply briefs.
Communication
Letter via ECF
Chambers
Chambers
Letter via ECF
Clerk
Phone
Chambers
Phone
Page & Word Limits6 rules
Machine summary. Not checked yet.Mandatory?
All parties served are required to serve and file a response, not to exceed three pages, within five business days of service of the moving party’s letter, either opposing the motion or advising the Court that it does not intend to oppose the motion.
Summary: Response to pre-motion letter limited to 3 pages, due within 5 business days.
Pre Motion Letter Response
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Memoranda in support of and in opposition to all other motions are limited to fifteen pages and reply memoranda are limited to five pages.
Summary: Non-dispositive motions: 15 pages for briefs, 5 pages for replies.
Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Memoranda in support of and in opposition to dispositive motions (under Rules 12 and 56) are limited to twenty-five pages. Reply memoranda are limited to ten pages. Memoranda in support of and in opposition to all other motions are limited to fifteen pages and reply memoranda are limited to five pages.
Summary: Page limits: 25 pages for dispositive motions, 15 pages for other motions, 10 pages for reply to dispositive, 5 pages for reply to other motions.
Brief
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Reply memoranda are limited to ten pages.
Summary: Reply memoranda to dispositive motions limited to 10 pages.
Reply Brief
10 pages
Machine summary. Not checked yet.Mandatory?
Unless prior permission is granted, memoranda in support of and in opposition to motions are limited to twenty-five pages (excluding tables of contents, tables of authorities, exhibits, appendices, or attachments).
Summary: Memoranda in support of and opposition to motions are limited to 25 pages, excluding specified sections and attachments.
Memorandum Of Law
25 pages
Machine summary. Not checked yet.Mandatory?
Reply memoranda are limited to ten pages (excluding tables of contents, tables of authorities, exhibits, appendices, or attachments).
Summary: Reply memoranda are limited to 10 pages, excluding specified sections and attachments.
Reply Memorandum
10 pages
Document Format Requirements7 rules
Machine summary. Not checked yet.Mandatory?
Memoranda must be double-spaced with one-inch margins. Use Times New Roman, twelve-point font, with footnotes that are at least ten-point font.
Summary: Memoranda must be double-spaced, 1-inch margins, Times New Roman 12pt, footnotes 10pt minimum.
Machine summary. Not checked yet.Mandatory?
The Joint Pre-Trial Order must use the font type and size specified in Part III, Section D.
Summary: Joint Pre-Trial Order must use specified font type and size from Part III, Section D.
Machine summary. Not checked yet.Mandatory?
Memoranda must be double-spaced with one-inch margins. Use Times New Roman, twelve-point font, with footnotes that are at least ten-point font.
Summary: Memoranda must be double-spaced, use one-inch margins, Times New Roman 12-point font, and footnotes of at least 10-point font.
Machine summary. Not checked yet.Mandatory?
No later than the first day of jury selection, all parties are to provide the Court with tabbed binders containing copies of all exhibits. If multiple binders will be submitted, the parties should include spine labels that indicate the range of exhibits in each binder.
Summary: By the first day of jury selection, parties must provide tabbed exhibit binders to the Court, with spine labels showing exhibit ranges if multiple binders are used.
Machine summary. Not checked yet.Important?
All written submissions and supporting materials must, to the maximum extent possible, be text-searchable.
Summary: All written submissions and supporting materials must be text-searchable to maximum extent possible.
Machine summary. Not checked yet.Important?
All written submissions and supporting materials must, to the maximum extent possible, be text-searchable.
Summary: Written submissions and supporting materials must be text-searchable to the maximum extent possible.
Machine summary. Not checked yet.Important?
Proposed orders, jury instructions, and other submissions that a party would like the Court to adopt should be emailed to chambers in Microsoft Word format and filed on ECF in PDF. Parties need not submit Word files of stipulations unless specifically requested to do so.
Summary: Proposed orders, jury instructions, and similar submissions should be emailed to chambers in Word and filed on ECF in PDF, with stipulations exempt from Word-file submission unless specifically requested.
Document Filing Requirements53 rules
Machine summary. Not checked yet.Mandatory?
All requests must state: a. The date of the existing deadline; b. the reason for the request;
Summary: Adjournment/extension requests must state existing deadline date and reason for request.
Document Type
Adjournment Request
Machine summary. Not checked yet.Mandatory?
Memoranda also must have the date of service plainly visible on the front cover.
Summary: Date of service must be plainly visible on front cover of memoranda.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Memoranda must contain a table of contents and a table of authorities.
Summary: Memoranda must include table of contents and table of authorities.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
The parties should be prepared to display evidence electronically if they intend to offer more than ten exhibits at trial. Any party intending to present exhibits in digital form must meet with the Court’s Case Manager at least five days prior to the commencement of the trial to review the available equipment for the presentation of digital evidence. Counsel should be accompanied by any audio-visual personnel who will be operating any equipment that will be used at trial. Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.
Summary: Parties offering more than 10 exhibits must meet with Case Manager 5 days before trial for electronic presentation setup.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
If counsel anticipates that a witness will refer to documentary evidence not previously exchanged, counsel should have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.
Summary: Counsel must provide copies of unexchanged documentary evidence to opposing counsel, court reporter, and Court.
Document Type
Witness Examination
Machine summary. Not checked yet.Mandatory?
At or before 7:00 p.m. the evening prior to each trial day, the party presenting its case shall provide a list of all witnesses that may testify that following day. The list should state the witness’s title or role in the case (for example, “Case Agent,” “former Chief Operating Officer,” etc.). The document should also indicate whether any unresolved motions in limine will be relevant to any listed witness’s testimony.
Summary: Parties must provide witness list by 7:00 p.m. the evening before each trial day, including roles and relevance of unresolved motions in limine.
Document Type
Witness List
Machine summary. Not checked yet.Mandatory?
Both the counsel seeking to withdraw and proposed replacement counsel must attend any proceedings where the Court is considering a motion pursuant to Local Rule 1.4 for withdrawal or substitution.
Summary: Both withdrawing counsel and proposed replacement must attend proceedings for withdrawal/substitution motions.
Document Type
Withdrawal Of Counsel
Machine summary. Not checked yet.Mandatory?
The respondent shall electronically file the state court record within 60 days of the filing of the petition. Each item should be filed individually on ECF, and labeled so that the document is readily identifiable – for example, “Exhibit A – Suppression Hearing Transcript,” and not “Exhibit A State Court Record.”
Summary: Respondent must file state court record within 60 days of petition, with individual ECF filings and clear labels.
Document Type
Habeas Corpus
Machine summary. Not checked yet.Mandatory?
The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.
Summary: Proposed findings of fact must be detailed with citations to testimony and exhibits.
Document Type
Proposed Findings Of Fact
Machine summary. Not checked yet.Mandatory?
In all non-jury cases, the parties shall file proposed findings of fact and conclusions of law with the Joint Pre-Trial Order.
Summary: Non-jury cases must file proposed findings of fact and conclusions of law with Joint Pre-Trial Order.
Document Type
Joint Pre Trial Order
Machine summary. Not checked yet.Mandatory?
Each proposed instruction should indicate the source from which it is taken, including pattern instructions. All language taken from a source other than a pattern instruction should be footnoted, with the note stating the specific authority for that particular language.
Summary: Proposed instructions must cite sources and footnote non-pattern language.
Document Type
Proposed Instructions
Machine summary. Not checked yet.Mandatory?
Except for good cause shown, only exhibits listed in the Joint Pre-Trial Order will be received in evidence.
Summary: Only exhibits listed in Joint Pre-Trial Order will be admitted, except for good cause.
Document Type
Joint Pre Trial Order
Machine summary. Not checked yet.Mandatory?
A motion to amend a complaint must attach as exhibits the proposed amended complaint in both a clean version and a blackline against the operative complaint.
Summary: Motion to amend must include clean and blackline versions of proposed amended complaint.
Document Type
Motion To Amend Complaint
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 Microsoft Word format and filed on ECF in PDF.
Summary: Proposed orders must be emailed to chambers in Word format and filed on ECF in PDF.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
The parties must meet and confer prior to filing the Joint Pre-Trial Order in an effort to resolve all objections without the Court's intervention.
Summary: Parties must meet and confer to resolve objections before filing Joint Pre-Trial Order.
Document Type
Joint Pre Trial Order
Machine summary. Not checked yet.Mandatory?
At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.
Summary: Proposed findings and conclusions must be emailed to Court in both PDF and Word formats.
Document Type
Proposed Findings Of Fact And Conclusions Of Law
Machine summary. Not checked yet.Mandatory?
All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection (or, in the case of a bench trial, before opening statements).
Summary: Exhibits must be pre-marked and exchanged 10 days before jury selection or bench trial opening.
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
The parties must list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party.
Summary: Parties must list and describe objections to other parties' exhibits in Joint Pre-Trial Order.
Document Type
Joint Pre Trial Order
Machine summary. Not checked yet.Mandatory?
Word-processing files of proposed charges should be submitted to chambers pursuant to Part II, Section C of these Rules.
Summary: Word-processing files of proposed charges must be submitted to chambers.
Document Type
Proposed Charges
Machine summary. Not checked yet.Mandatory?
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 edits with an explanation of the other party's objection.
Summary: Parties must submit joint document with agreed requests to charge and each party's proposed edits.
Document Type
Requests To Charge
Machine summary. Not checked yet.Mandatory?
Each party shall file the following fourteen days before the commencement of jury selection: Requests to charge, proposed verdict sheets and proposed voir dire questions in jury cases.
Summary: Requests to charge, verdict sheets, and voir dire questions must be filed 14 days before jury selection.
Document Type
Jury Trial Preparation
Machine summary. Not checked yet.Mandatory?
All correspondence must include the case name, docket number, and initials of the judge(s) assigned to the case.
Summary: Correspondence must include the case name, docket number, and assigned judge initials.
Document Type
Correspondence
Machine summary. Not checked yet.Mandatory?
All requests for relief from the Court, including for an adjournment or extension of time, shall be designated as a “motion” on ECF. In addition, the ECF entry line must clearly state the subject matter of the request — e.g., “Letter Motion Requesting Extension of Time to Respond to Interrogatories.”
Summary: Requests for relief must be filed as motions on ECF and the ECF entry must clearly state the request subject.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The government must file a Rule 12.4 disclosure statement before the first appearance, when applicable.
Summary: The government must file a Rule 12.4 disclosure statement before the first appearance when applicable.
Document Type
Rule 12 4 Disclosure Statement
Machine summary. Not checked yet.Mandatory?
Parties must seek leave of the Court before submitting sur-replies.
Summary: Sur-replies require leave of court before submission.
Document Type
Sur Reply
Machine summary. Not checked yet.Mandatory?
Memoranda must contain a table of contents and a table of authorities. Memoranda also must show the date of service on the front cover.
Summary: Memoranda must include a table of contents, table of authorities, and the date of service on the front cover.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
In a multi-defendant case, all filings must designate the specific defendant or defendants as to whom the filing pertains.
Summary: In multi-defendant cases, every filing must identify which defendant(s) it concerns.
Document Type
Filing
Machine summary. Not checked yet.Mandatory?
Any party appealing a magistrate judge’s order of release or order of detention shall include a copy of the transcript before the magistrate judge with their motion.
Summary: A motion appealing a magistrate judge’s release or detention order must include the magistrate-judge transcript.
Document Type
Motion Appealing Release Or Detention Order
Machine summary. Not checked yet.Mandatory?
Proposed voir dire questions, lists of all potential witnesses and any other individuals and entities that may be mentioned at trial, requests to charge, and proposed verdict sheets should be submitted no later than fourteen days before jury selection.
Summary: Specified pretrial submissions must be filed at least 14 days before jury selection.
Document Type
Pretrial Submissions
Machine summary. Not checked yet.Mandatory?
All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection. Counsel should take care to ensure that exhibits are not compound ‒ that is, that each document is identified and marked individually.
Summary: Trial exhibits must be pre-marked and exchanged at least 10 days before jury selection, and each document must be individually marked (no compound exhibits).
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
The binder should also include an exhibit list and a witness list. The exhibit list should list every exhibit in the binder(s) and contain a brief description of each exhibit, no longer than one sentence.
Summary: Each exhibit binder must include an exhibit list and witness list, and the exhibit list must include every exhibit with a one-sentence-or-shorter description.
Document Type
Trial Exhibit Binder
Machine summary. Not checked yet.Mandatory?
A defendant’s sentencing submissions are due twenty-one days prior to sentencing. Sentencing memoranda must be provided to the Probation Department as well as the Court. The government’s sentencing submissions are due fourteen days prior to sentencing.
Summary: Sentencing submission deadlines differ by party, and sentencing memoranda must be provided to both Probation and the Court.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
Where counsel anticipates that a witness will refer to documentary evidence in the course of his or her direct testimony, counsel shall have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.
Summary: Counsel must have documentary evidence copies available during direct examination, including two copies for the Court.
Document Type
Trial Exhibit
Machine summary. Not checked yet.Mandatory?
At or before 7:00 p.m. the evening prior to each trial day, the party presenting its case shall provide a written list of all witnesses that may testify on the following day.
Summary: The presenting party must provide a written next-day witness list by 7:00 p.m. the evening before trial day.
Document Type
Witness List
Machine summary. Not checked yet.Mandatory?
The Court requires at least two days’ notice of a guilty plea on a violation of supervised release. The notice must specify the violations as to which the defendant intends to plead guilty.
Summary: A guilty plea on supervised release violations requires at least two days’ notice and must specify the violations.
Document Type
Notice Of Guilty Plea
Machine summary. Not checked yet.Mandatory?
The government shall submit a penalty sheet encompassing the relevant statutes and guidelines at least two days prior to any guilty plea and sentencing.
Summary: The government must submit a penalty sheet with relevant statutes and guidelines at least two days before guilty plea and sentencing.
Document Type
Penalty Sheet
Machine summary. Not checked yet.Mandatory?
An objecting party must identify the specific language and paragraph numbers of the presentence report to which it objects.
Summary: Any presentence report objection must identify the exact language and paragraph numbers being challenged.
Document Type
Presentence Report Objection
Machine summary. Not checked yet.Important?
All correspondence must include the case name, docket number, and initials of the judge(s) assigned to the case.
Summary: All correspondence must include case name, docket number, and judge initials.
Document Type
Correspondence
Machine summary. Not checked yet.Important?
Related papers filed on ECF must clearly indicate how the exhibits were filed, and what virus-scanning device was employed.
Summary: ECF filings must indicate how exhibits were filed and what virus-scanning device was used.
Document Type
Exhibits
Machine summary. Not checked yet.Important?
The ECF entry line must clearly state the subject matter of the request — e.g., “Letter Motion Requesting Extension of Time to Respond to Interrogatories.”
Summary: ECF entry line must clearly state subject matter of request.
Document Type
Motion
Machine summary. Not checked yet.Important?
Sidebar conferences should be kept to a minimum. Counsel are expected to anticipate and raise evidentiary issues in advance of trial, to the maximum extent foreseeable, to be respectful of the jurors’ time.
Summary: Sidebar conferences should be minimized; counsel should anticipate and raise evidentiary issues in advance.
Document Type
Trial Procedures
Machine summary. Not checked yet.Important?
Counsel should instead ask that the witness be permitted to offer opinion testimony pursuant to Rule 702.
Summary: Counsel should request opinion testimony under Rule 702 rather than designating witnesses as "experts" in front of jury.
Document Type
Witness Examination
Machine summary. Not checked yet.Important?
Parties should explain the need for any provision in a so-ordered settlement agreement or stipulation of dismissal that calls for the Court to retain jurisdiction after a judgment issues. Generally speaking, the Court is unlikely to retain jurisdiction, absent the need to supervise ongoing conduct remedies or other exceptional circumstances.
Summary: Parties must explain need for Court to retain jurisdiction after judgment; Court unlikely to retain jurisdiction absent exceptional circumstances.
Document Type
Settlement Agreement
Machine summary. Not checked yet.Important?
Pro se plaintiffs are exempt from this rule.
Summary: Pro se plaintiffs exempt from motion to amend complaint requirements.
Document Type
Motion To Amend Complaint
Machine summary. Not checked yet.Important?
Do not annex as exhibits copies of pleadings or other filings that already appear on the docket.
Summary: Exhibits should not include pleadings or filings already on the docket.
Document Type
Exhibits
Machine summary. Not checked yet.Important?
Notices of supplemental authority regarding decisions issued after the completion of briefing may be filed without leave of the Court. The length and content of such letters shall comply with the requirements of Fed. R. App. P. 28(j).
Summary: Supplemental-authority notices may be filed without leave, but must comply with Fed. R. App. P. 28(j) length and content requirements.
Document Type
Notice Of Supplemental Authority
Machine summary. Not checked yet.Important?
Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.
Summary: After the pretrial equipment meeting with the Case Manager, the party must file written ECF confirmation that the meeting occurred.
Document Type
Ecf Confirmation Filing
Machine summary. Not checked yet.Important?
Sentencing submissions should indicate cases that the parties believe are comparable under 18 U.S.C. § 3553(a)(6) — that is, cases involving defendants with similar records who have been found guilty of similar conduct — and the sentences imposed therein.
Summary: Sentencing submissions should identify comparable § 3553(a)(6) cases and resulting sentences.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Important?
The list should state the witness’s title or role in the case (for example, “Case Agent,” “former Chief Operating Officer”).
Summary: The witness list should include each witness’s title or role in the case.
Document Type
Witness List
Machine summary. Not checked yet.Important?
The document should also indicate whether any unresolved motions in limine will be relevant to any listed witness’s testimony.
Summary: The witness list should indicate whether unresolved motions in limine are relevant to listed witnesses.
Document Type
Witness List
Machine summary. Not checked yet.Important?
Sentencing submissions should affirmatively address the applicability of restitution, fine, and forfeiture in addition to incarceration, probation, and supervised release. If no restitution is being sought, the government should say so explicitly in its sentencing memorandum.
Summary: Sentencing submissions should address restitution, fine, and forfeiture, and the government should explicitly state if restitution is not sought.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Important?
The preliminary order of forfeiture, if any is to be submitted, is due one week prior to sentencing in routine forfeiture cases that do not include specified property. If forfeiture is contested, or if forfeiture includes specified property, the government should submit a preliminary order at least two weeks prior to the sentencing date.
Summary: Preliminary forfeiture order timing depends on whether forfeiture is routine versus contested or property-specific.
Document Type
Preliminary Order Of Forfeiture
Machine summary. Not checked yet.Note?
Unless otherwise notified, the Court (or a magistrate judge) will conduct all voir dire.
Summary: Court or magistrate judge will conduct all voir dire unless otherwise notified.
Document Type
Voir Dire
Filing & Service rules
Courtesy Copy Requirements
One courtesy copy required for submissions of 100+ pages.
Parties must submit one courtesy copy for all submissions of one hundred pages or greater (inclusive of any exhibits or attachments).
Machine summary. Not checked yet.
Courtesy copies must be double-sided, match the ECF-filed document, include ECF numbering at the top, and be marked "Courtesy Copy."
Parties must print double-sided. The courtesy copy should be a reproduction of the document as filed on ECF, with the ECF numbering appearing at the top of the page, and clearly marked “Courtesy Copy.”
Machine summary. Not checked yet. · Criminal cases
Page 4 | II. ELECTRONIC CASE FILING (ECF)
One courtesy copy is required for submissions of 100 pages or more, including exhibits and attachments.
Parties must submit one courtesy copy for all submissions of one hundred pages or greater (inclusive of any exhibits or attachments).
Machine summary. Not checked yet. · Criminal cases
Page 4 | II. ELECTRONIC CASE FILING (ECF)
Non-text exhibits impractical to file electronically should be submitted on virus-scanned USB to Clerk's Office and chambers.
Parties filing non-text exhibits that are impractical to file electronically should submit an electronic version on a virus-scanned USB drive to the Clerk's Office (labeled “Original”) and to chambers (labeled “Courtesy Copy”).
Machine summary. Not checked yet.
Page 2 | II.A.4
No courtesy copies required for pleadings or filings to magistrate judge.
Parties should not submit courtesy copies of: Pleadings, as defined by Fed. R. Civ. P. 7(a); and motions, letters, or other filings directed to the magistrate judge assigned to a matter.
Machine summary. Not checked yet.
Courtesy copies should be assembled in a tabbed three-ring binder with a table of contents and binder labels identifying case and content details.
Parties should assemble courtesy copies in a three-ring binder with a table of contents and appropriately labeled tabs. Binder covers and spines must identify the case name, docket number, and the binder’s contents.
Machine summary. Not checked yet. · Criminal cases
Page 4 | II. ELECTRONIC CASE FILING (ECF)
Courtesy copies should not be submitted for motions, letters, or filings directed to the assigned magistrate judge.
Parties should not submit courtesy copies of motions, letters, or filings directed to the magistrate judge assigned to a matter.
Machine summary. Not checked yet. · Criminal cases
Page 4 | II. ELECTRONIC CASE FILING (ECF)
Sealing & Redaction Procedures
Sealing requests must explain necessity and propose narrowly tailored redactions.
A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.
Machine summary. Not checked yet.
Proposed redactions must be highlighted while keeping material readable.
Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.
Machine summary. Not checked yet.
Granted redactions require filing unredacted version under seal and redacted version publicly.
If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.
Machine summary. Not checked yet.
Sealed document filings must follow EDNY website technical instructions.
Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.
Machine summary. Not checked yet.
Sealing requests are typically denied if they do not propose redactions or specifically explain why redactions are not feasible.
A request to file under seal that does not either propose redactions, or explain with specificity why individual redactions are untenable, will typically be denied.
Machine summary. Not checked yet. · Criminal cases
Page 3 | II.B. Filing Under Seal or in Redacted Form
When redaction is granted, file an unredacted sealed version and a redacted public version.
If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.
Machine summary. Not checked yet. · Criminal cases
Page 3 | II.B. Filing Under Seal or in Redacted Form
A party seeking to file under seal must follow the EDNY technical sealing instructions.
Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.
Machine summary. Not checked yet. · Criminal cases
Page 3 | II.B. Filing Under Seal or in Redacted Form
A sealing request should explain necessity and include narrowly tailored proposed redactions.
A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.
Machine summary. Not checked yet. · Criminal cases
Page 3 | II.B. Filing Under Seal or in Redacted Form
Proposed redactions should be highlighted or otherwise identified while keeping the underlying text readable.
Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.
Machine summary. Not checked yet. · Criminal cases
Page 3 | II.B. Filing Under Seal or in Redacted Form
Objections must be filed under seal on ECF and served on opposing counsel and Probation.
Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.
Machine summary. Not checked yet. · Criminal cases
Page 8 | VI. SENTENCING - A. Sentencing Submissions
Filing Bundling Requirements
Parties must provide tabbed binders with exhibits, exhibit list, and witness list on first day of trial.
No later than the first day of trial, all parties are to provide the Court with tabbed binders containing copies of all exhibits. The binder should also include an exhibit list and a witness list. The exhibit list should list every exhibit in the binder(s) and contain a brief description of each exhibit, no longer than one sentence. If multiple binders will be submitted, the parties should include spine labels that indicate the range of exhibits in each binder.
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Page 11 | EXHIBITS AND WITNESS LISTS
Pre-Motion Conference Requirements
Motions in limine must be filed 30 days before jury selection.
Each party shall file the following thirty days before the date fixed for commencement of jury selection: Motions addressing any evidentiary or other trial-related issues that should be resolved in limine.
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Responses to motions in limine are due 10 days after filing.
Responses, if any, are due ten days after the date the motion is filed, unless otherwise ordered.
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Pre-motion conference required before Rule 12/56 motions and venue changes, except for certain case types.
Except in the case of habeas corpus / prisoner petitions, Social Security appeals, bankruptcy appeals, and post-trial motions, parties that are represented by counsel must request a pre-motion conference with the Court before making: (i) any motion pursuant to Fed. R. Civ. P. 12 or 56 or (ii) any motion for a change of venue.
Machine summary. Not checked yet.
Motions in limine are due 30 days before jury selection, responses are due 10 days after filing, and replies are not due unless the Court requests them.
Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than thirty days before the date fixed for commencement of jury selection. Responses, if any, are due ten days after the date the motion is filed, unless otherwise ordered. No reply briefs should be due on motions in limine unless the Court requests them.
Machine summary. Not checked yet. · Criminal cases
Page 6 | IV. PRE-TRIAL PROCEDURES > A. Filings Prior to Trial in Criminal Cases
Adjournment & Extension Requirements
Adjournment/extension requests must be filed on ECF at least 3 business days before deadline, except for pro se litigants.
Requests for adjournments or extensions of time must be made at least three business days prior to the scheduled deadline or appearance and must be filed through ECF, except for pro se litigants.
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Page 2 | II.C.1
Court will not adjourn deadlines upon settlement in principle; only upon effective stipulation of dismissal or accepted Rule 68 offer.
Generally speaking, it is the Court’s practice not to adjourn previously scheduled deadlines, including trial dates, upon notification that a settlement in principle has been reached. Deadlines will generally be adjourned only when and if a stipulation of dismissal has been entered and become effective or the parties properly file notice that a Rule 68 offer of judgment has been accepted.
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Page 12 | Reports of Settlement and Stipulations to Dismiss
Adjournment and extension requests must be filed at least three business days in advance and through ECF, except pro se litigants.
Requests for adjournments of court appearances or extensions of time must be made at least three business days prior to the scheduled deadline or appearance and must be filed through ECF, except for pro se litigants.
Machine summary. Not checked yet. · Criminal cases
Page 1 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 1
Adjournment or extension requests must include the current deadline/appearance date and the reason for the request.
All requests must state: a. The existing date of the deadline as to which the adjournment is sought; b. the reason for the request;
Machine summary. Not checked yet. · Criminal cases
Page 1 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 1(a)-(b)
Adjournment or extension requests must address adversary consent, proposed new date coordination, Speedy Trial Act time exclusion basis if applicable, and effects on other dates with a proposed revised scheduling order when needed.
d. whether the adversary consents and, if not, the reason for declining; and e. whether the parties have agreed on a new date—both among themselves and with the Case Manager/Courtroom Deputy; f. whether the parties have agreed to exclude time under the Speedy Trial Act, if applicable, and on what legal basis; and g. whether the adjournment or extension of time may affect any other scheduled dates. If so, the requesting party must provide a proposed Revised Scheduling Order.
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Page 2 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 1(d)-(g)
Requests to exceed memorandum page limits must be made in writing at least 5 days before the due date, or 2 days for reply briefs.
Requests to file memoranda exceeding the page limits set forth herein must be made in writing at least five days prior to the due date, except with respect to reply briefs, in which case the written request must be made in writing at least two days prior to the due date.
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Page 4 | III. CRIMINAL MOTIONS — A. Memoranda of Law
Adverse party consent is not sufficient ground for extension or adjournment.
Please note that the consent of the adverse party is not a sufficient ground for an extension or adjournment.
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Page 2 | II.C.2
Deadlines generally not adjourned if parties reached settlement in principle but haven't filed stipulation to dismiss.
Deadlines will generally not be adjourned if the parties have reached a settlement in principle but not yet filed a stipulation to dismiss.
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Page 2 | II.C.3
Adversary consent alone is insufficient to justify an adjournment, extension, or Speedy Trial time exclusion.
Please note that the consent of the adverse party is not a sufficient ground for an extension or adjournment, nor, in itself, for the exclusion of Speedy-Trial time.
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Page 2 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 2
Chambers Communication Rules
Do not send emails except for specific exceptions or in response to scheduling emails from Chambers.
Do not send emails, except pursuant to a specific exception specified in these rules (e.g., Part II, Section C), or in response to a purely scheduling-related email from Chambers.
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Page 1 | I.B.2
All communications with chambers must be filed on ECF; do not send copies of letters.
All communications with chambers shall be in writing and filed on ECF. Copies of letters should not be sent to chambers.
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Page 1 | I.A.1
All documents must be filed on ECF, except pro se parties are exempt.
All documents must be filed on ECF, with the sole exception that pro se parties are exempt from mandatory ECF filing.
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Page 2 | II.A.1
All requests for relief must be designated as “motion” on ECF.
All requests for relief from the Court, including requests for an adjournment or extension of time, shall be designated as a “motion” on ECF.
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Page 2 | II.A.3
Communications with chambers must be written and filed on ECF, and letter copies should not be sent directly to chambers.
All communications with chambers shall be in writing and filed on ECF. Copies of letters should not be sent to chambers.
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Page 1 | I. COMMUNICATIONS > A. Written Correspondence > 1
Email to chambers is prohibited except for explicit rule-based exceptions or replies to chambers scheduling emails.
Do not send emails, except pursuant to a specific exception specified in these rules (e.g., Part II, Section C), or in response to a purely scheduling-related email from Chambers.
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Page 1 | I. COMMUNICATIONS > B. Telephone and Email > 2
Emergency submissions requiring immediate attention should be communicated to chambers by phone.
If an emergency submission requires immediate attention, please call chambers.
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Page 3 | II. ELECTRONIC CASE FILING (ECF)
Call Mr. Jackson for docketing and scheduling matters.
For docketing and scheduling matters, call Mr. Jackson at the number above.
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Page 1 | I.B.1
Court mails orders only to pro se litigants at their on-file address.
The Court will mail orders only to pro se litigants, at the address they maintain on file with the Court.
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Page 2 | II.A.2
For emergency submissions requiring immediate attention, call chambers.
If an emergency submission requires immediate attention, please call chambers.
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Page 2 | II.A.6
Docketing and scheduling matters should be handled by phone through the Case Manager.
For docketing and scheduling matters, call Andrew Jackson at the number above.
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Page 1 | I. COMMUNICATIONS > B. Telephone and Email > 1
Junior Lawyer Participation Incentives
Junior lawyers (5 years or less experience) may increase likelihood of pre-motion conference.
In many cases, it will be apparent from the letter motion that a conference will not be needed, and a motion schedule will be set without a pre-motion conference. In other cases, the usefulness of a pre-motion conference will be clear based on the request. However, if a party advises the Court in its pre-motion conference request that an attorney with five years’ or less experience as a licensed attorney will be representing the party at the conference, the Court may schedule a pre-motion conference anyway.
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Page 5 | CIVIL MOTIONS
Junior lawyers (5 years or less experience) may increase likelihood of oral argument.
The likelihood of oral argument will increase if the Court is advised by letter that the attorney who will argue the motion or opposition has five years’ or less experience as a licensed attorney.
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