Judge James M. Wicks
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Mail
Exhibits
- 2 copies • Chambers Drop Off • Upon Filing
Filings > 20 pages
- Upon Filing
Motion
- 1 copy • Chambers Drop Off • Upon Filing
Adjournments
- Adjournment and extension requests must be filed in writing at least two business days in advance with specified information, filed through ECF as motions, and include revised scheduling information when other dates are affected.
- Adjournment requests for conferences must propose at least three mutually convenient new dates and times.
- Schedule revisions require court approval and must be requested under Rule 1.D.
Request must include
Communication
Chambers
Phone
Intake Unit
Phone
Clerk
Phone
Chambers
Page & Word Limits5 rules
Machine summary. Not checked yet.Mandatory?
A response not exceeding 1,500 words double spaced including footnotes, in length, exclusive of attachments, must be served and filed within four (4) days of receipt of the letter motion.
Summary: Responses to letter motions are limited to 1,500 words and must be filed within four days of receipt.
Letter Motion Response
1,500 words
Machine summary. Not checked yet.Mandatory?
Letter motions shall not exceed 1,500 words double spaced, including footnotes, in length, exclusive of attachments.
Summary: Letter motions are capped at 1,500 words, double-spaced, including footnotes, excluding attachments.
Letter Motion
1,500 words
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions on notice are limited to 6,500 words double spaced including footnotes, and reply memoranda are limited to 2,500 words double spaced including footnotes. The word count limitations are exclusive of tables of contents and authorities.
Summary: Support/opposition memoranda are limited to 6,500 words and reply memoranda to 2,500 words, excluding tables of contents and authorities.
Support Or Opposition Memorandum
6,500 words
Reply Memorandum
2,500 words
Machine summary. Not checked yet.Mandatory?
Prior to filing a motion dispositive motion returnable before Judge Wicks, the parties are required to submit a letter of no more than 1,000 words double spaced, including footnotes, in length (1) requesting a pre-motion conference, (2) briefly outlining the motion, and (2) stating the relief sought by the motion.
Summary: Before filing a dispositive motion before Judge Wicks, parties must submit a double-spaced pre-motion letter capped at 1,000 words (including footnotes) with specified content.
Pre Motion Letter
1,000 words
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At least seven (7) days prior to the scheduled settlement conference, the parties shall submit confidential ex parte settlement statements no longer than 5,000 words double spaced, including footnotes.
Summary: Confidential ex parte settlement statements must be filed at least seven days before the conference and are limited to 5,000 double-spaced words including footnotes.
Settlement Statement
5,000 words
Document Format Requirements6 rules
Machine summary. Not checked yet.Mandatory?
Ex parte settlement or mediation statements submitted in accordance with Rule 5.B, infra.
Summary: Ex parte settlement or mediation statements under Rule 5.B are exempt from ECF and must be filed in hard copy.
Paper
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Litigants proceeding pro se are exempt from ECF requirements. Parties represented by counsel, however, must file documents electronically, even in pro se cases.
Summary: Pro se litigants are exempt from ECF filing, while represented parties must still file electronically even in pro se cases.
Paper
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Documents filed subject to a court-ordered confidentiality agreement.
Summary: Documents filed under a court-ordered confidentiality agreement are exempt from ECF and must be filed in hard copy.
Paper
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All memoranda of law must use one-inch margins, double spacing, and 12-point font.
Summary: Memoranda of law must use one-inch margins, double spacing, and 12-point font.
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In all cases in which the plaintiff is represented by counsel, the parties are to electronically transmit a Microsoft Word Document version of the stipulation of facts to Chambers via the Chambers email.
Summary: When plaintiff is represented by counsel, parties must send a Microsoft Word version of the stipulation of facts to Chambers by email.
DOCX
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Where exhibits are voluminous, they should be placed in binders with tabs;
Summary: Voluminous exhibits should be organized in tabbed binders.
Document Filing Requirements28 rules
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All memoranda shall contain both a table of contents and a table of authorities.
Summary: Every memorandum must include both a table of contents and a table of authorities.
Document Type
Memorandum Of Law
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Legal arguments must be set forth in a memorandum of law; affidavits or declarations containing legal argument will be rejected.
Summary: Legal argument must appear in a memorandum of law rather than in affidavits or declarations.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
If any party objects to the motion, opposition papers must be served and filed at least two (2) days prior to the return date. No reply papers are permitted.
Summary: For pro hac vice motions, opposition is due at least two days before the return date and replies are not allowed.
Document Type
Pro Hac Vice Motion Opposition
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A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) days prior to the return date designated in the notice of motion.
Summary: Pro hac vice motions must include a proposed order and be electronically served and filed at least seven days before the return date.
Document Type
Pro Hac Vice Motion
Machine summary. Not checked yet.Mandatory?
The parties shall submit a joint pretrial order five (5) business days prior to the pre-trial conference.
Summary: A joint pretrial order must be submitted five business days before the pre-trial conference.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
The submissions must address the following six areas: 1. Brief recitation of the facts, referencing ECF docket entries where appropriate. 3. History of settlement efforts, if any. 4. Any perceived impediments to settling (e.g., monetary/non-monetary/emotional, etc.) 5. Realistic settlement position. 6. Identity of client or client representative with full authority who will appear.
Summary: Settlement statements must address specified substantive topics, including facts, settlement history, impediments, realistic position, and identity of the fully authorized representative.
Document Type
Settlement Statement
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Unless otherwise specified in the scheduling order, the joint pretrial order shall reflect the contributions of both parties and shall include the following: 1. the full caption of the action; 2. the names (including firm names), addresses, telephone (office and cell), and email addresses of trial counsel; 3. a brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount; 4. a brief summary by each party of the claims and defenses that party has asserted which remain to be tried, without recital of evidentiary matter, but including citations to all statutes on which the party is relying. The parties shall also list all claims and defenses previously asserted that are not to be tried; 5. a statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed;
Summary: The joint pretrial order must include specified content categories, including caption, counsel contact details, jurisdiction statements, remaining claims/defenses, and jury/trial-day information.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
For Jury Trials: The following shall be filed with the Court ten (10) days prior to trial: (1) proposed voir dire questions; (2) a short, joint introductory statement of the case to be read to the jury during voir dire; (3) proposed jury charges; (4) proposed verdict sheets; (5) final witness lists; (6) final exhibit lists, including demonstratives; and (7) any stipulations of fact.
Summary: For jury trials, specified pretrial documents must be filed ten days before trial.
Document Type
Jury Trial Pretrial Filing
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a witness list identifying all percipient or fact witnesses and expert witnesses whose testimony is to be offered in its case in chief, with an indication of whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify except for good cause shown;
Summary: The pretrial submission must include a witness list, and only listed witnesses may testify absent good cause.
Document Type
Proposed Joint Pretrial Order
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A designation by each party of the deposition testimony excerpts, identifying the same by page and line number, to be offered in its case in chief, with any cross-designations and objections by any other party;
Summary: Each party must provide deposition excerpt designations with page and line citations, plus cross-designations and objections.
Document Type
Proposed Joint Pretrial Order
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signatures, which shall appear on the last page of the order, by the parties to the action.
Summary: The order must include party signatures on the last page.
Document Type
Proposed Joint Pretrial Order
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a list of exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties who will be offering them. 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. Parties are expected to attempt to resolve all evidentiary issues before trial. Only the exhibits listed will be received in evidence except for good cause shown. All exhibits must be pre-marked for the trial and exchanged with the other parties at least ten days before trial.
Summary: Parties must provide exhibit lists with objection bases, and exhibits must be pre-marked and exchanged at least ten days before trial.
Document Type
Trial Exhibits
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The form of papers in support of and opposing in limine motions shall be made by letter motion in accordance with Rule 3A above.
Summary: In limine motion papers must be submitted in letter-motion form under Rule 3A.
Document Type
Motions In Limine
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If the assigned District Judge requires one, a proposed joint pretrial order in compliance with that Judge’s requirements and signed by counsel for each party must be filed by ECF five (5) days prior to the conference.
Summary: When required by the district judge, a compliant jointly signed proposed pretrial order must be filed by ECF five days before the final pretrial conference.
Document Type
Proposed Joint Pretrial Order
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Parties shall comply with Fed. R. Civ. P. 26(f) and submit their proposed discovery plan to the Court, along with the Discovery Plan Worksheet no later than seven (7) days prior to the scheduled Initial Conference date.
Summary: Before the initial conference, parties must submit a Rule 26(f) discovery plan and Discovery Plan Worksheet at least seven days in advance.
Document Type
Proposed Discovery Plan
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For Non-Jury Bench Trials: The following shall be filed with the Court ten (10) days prior to trial: pre-trial memoranda of law (including the legal authority relied upon in support of the claims and defenses to be tried); final witness lists; exhibit lists, including demonstratives; marked pleadings; and any stipulations of fact;
Summary: For non-jury bench trials, listed pretrial filings are due ten days before trial.
Document Type
Bench Trial Pretrial Filing
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Part two shall set forth all relevant disputed facts. Each numbered paragraph shall be followed by short, and concise statements by the parties.
Summary: Part two of the stipulation must include disputed facts and concise party statements after each numbered paragraph.
Document Type
Stipulation Of Facts
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Defendant shall include responsive statements to each of Plaintiff’s contentions.
Summary: Defendant must provide responsive statements to each of Plaintiff’s contentions.
Document Type
Stipulation Of Facts
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In all cases in which Plaintiff is represented by counsel, parties seeking or opposing judgment on the pleadings in social security cases shall confer and prepare a stipulation of facts with a chronology of medical treatment. The stipulation of facts shall have two (2) parts, each containing numbered paragraphs.
Summary: In represented-plaintiff social security pleadings motions, parties must confer and prepare a two-part, numbered stipulation of facts with a chronology of medical treatment.
Document Type
Stipulation Of Facts
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Plaintiff must state its contentions as to the alleged legal errors in the Secretary’s determination and/or the specific findings of the decision of the Administrative Law Judge (“ALJ”) that plaintiff contends is not supported by substantial evidence.
Summary: Plaintiff must identify alleged legal errors and specific ALJ findings claimed to lack substantial evidence.
Document Type
Stipulation Of Facts
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Each contention by the movant and opponent made pursuant to this rule must be followed by citations to the administrative record, identifying evidence supporting and/or rebutting each said contention.
Summary: All movant and opponent contentions under this rule must include citations to administrative record evidence supporting or rebutting each contention.
Document Type
Stipulation Of Facts
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Part one shall set forth all relevant undisputed facts in the administrative record, including information contained in the treatment and medical records, in chronological order and with citations to the record.
Summary: Part one of the stipulation must present all relevant undisputed facts in chronological order with record citations.
Document Type
Stipulation Of Facts
Machine summary. Not checked yet.Important?
All such papers must be clearly marked “Courtesy Copy” and indicate that the original was filed by ECF.
Summary: Any required courtesy copy must be labeled “Courtesy Copy” and indicate ECF filing of the original.
Document Type
Chambers Copy
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Any documents that are e-filed as exhibits to ECF must clearly identify and describe the document being filed. For example, if Exhibit A is a contract, the title of the e-filed attachment shall be “Exhibit A – Contract between ____ and _____,” and not simply “Exhibit A.”
Summary: ECF exhibit attachments must use descriptive titles identifying the document, not generic labels alone.
Document Type
Exhibits
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If any party concludes in good faith that delaying the filing of a motion in order to comply with any aspect of these individual practices (see Rule 3.C1.A, supra) will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.
Summary: A party may bypass timing under these individual practices to preserve substantive rights, but must file within federal-rule deadlines and include an explanatory basis.
Document Type
Motion
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If the parties desire a settlement conference, then a joint letter should be filed requesting a conference. The letter should contain three dates when all counsel AND party representatives with full authority to settle the matter are available, and the Court will advise of the scheduled date.
Summary: A joint settlement-conference request letter should be filed and should include three dates when all counsel and fully authorized party representatives are available.
Document Type
Settlement Conference Request Letter
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If the parties intend to submit exhibits in their ex parte statements, parties should submit hard copies to Chambers. To the extent key documents are relied upon that have not already been filed on ECF, then the documents should be provided to the Court with the settlement statement.
Summary: When exhibits or key unfiled documents are used with ex parte settlement statements, hard copies and supporting documents should be provided to Chambers with the statement.
Document Type
Settlement Statement
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Briefing Schedule: For all cases filed on or after December 1, 2022, the parties shall comply with the procedures set forth in Administrative Order 2023-06 (“In re: Briefing of Social Security Cases”) (“AO”).
Summary: For covered Social Security cases filed on or after December 1, 2022, briefing must follow Administrative Order 2023-06.
Document Type
Social Security Appeal Briefing
Filing & Service rules
Courtesy Copy Requirements
A courtesy copy is required when a letter motion with exhibits or attachments exceeds 20 pages.
Hard copies or courtesy copies generally do not need to be sent to Chambers, with the following exceptions: (1) where a letter motion with exhibits or attachments exceeds 20 pages;
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Page 4 | Electronic Case Filing (ECF)
Upon e-filing, parties must deliver two courtesy-copy exhibit sets to Chambers in tabbed binders.
Finally, upon their electronic filing, the parties shall deliver to Chambers two sets of courtesy copies of all exhibits, placed in binders with tabs.
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Page 12 | Filings Prior to Trial
Motions in limine, oppositions, and replies must follow the stated pretrial timing, and courtesy copies must be provided to Chambers.
Motions in Limine: all motions addressing any evidentiary or other issue which should be resolved in limine are to be filed thirty (30) days prior to trial, with a courtesy copy to Chambers. Opposition, if any, shall be filed ten (10) days thereafter, with a courtesy copy to Chambers. Replies, if any, should be made in the same manner three (3) days following the filing of the opposition.
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Page 12 | Filings Prior to Trial
After filing, movants must mail one hard copy of motion papers and stipulations of fact to Chambers, marked as Courtesy Copy.
Courtesy Copies: After filing, the movant(s) shall mail to Chambers one hard copy of all motion papers, and stipulations of fact marked as “Courtesy Copy.”
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Page 13 | Courtesy Copies
Defendant must mail one hard copy of the Administrative Record to Chambers.
Defendant shall mail to Chambers one hard copy of the Administrative Record.
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Page 13 | Courtesy Copies
After e-filing, one hard-copy courtesy copy of motion papers should be submitted to Judge Wicks, except dispositive-motion courtesy copies for the District Judge should not go to the Magistrate Judge.
After electronic filing, one hard copy of the motion papers, marked as “Courtesy Copy,” should be submitted to Magistrate Judge Wicks, unless the Court orders otherwise. Courtesy copies of dispositive motions made to the District Judge should not be provided to the Magistrate Judge.
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Page 6 | Motions - C. General Motion Practices for Motions Made on Notice (Not Letter Motions) - Courtesy Copies
Sealing & Redaction Procedures
Requests to seal court documents must be made under Rule 3(C), not by letter motion.
Any motion seeking (i) a stay of discovery; (ii) the sealing of court documents; or (iii) other non-dispositive relief, such as motions for leave to amend, shall be made in accordance with Rule 3(C) infra, and not by letter motion under this rule.
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Page 5 | Motions - A. Discovery and Other Non-Dispositive Motions
Filing Bundling Requirements
Movants must file the full motion package, including stipulations of fact and the Administrative Record, together.
The movant(s) shall electronically file the entire set of motion papers along with the stipulations of fact, and the Administrative Record.
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Page 13 | Social Security Appeals
Pre-Motion Conference Requirements
Rule 12 and Rule 56 dispositive motions require a pre-motion letter and a pre-motion conference motion.
For any dispositive motion that is to be made before Judge Wicks -- either for a Report and Recommendation or for all purposes in a consent case -- service of the pre-motion letter motion within the time requirements of Fed. R. Civ. P. Rules 12 or 56 shall constitute timely service of a motion made pursuant to those provisions. The parties shall file a motion for a pre-motion conference on all dispositive (Rule 12 or 56) motions as set forth herein.
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Page 5 | Motions - B. Dispositive Motions
Letter-motion practice requires an opposition within four days and does not permit replies.
A response not exceeding 1,500 words double spaced including footnotes, in length, exclusive of attachments, must be served and filed within four (4) days of receipt of the letter motion. Replies are not permitted on letter motions.
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Page 5 | Motions - A. Discovery and Other Non-Dispositive Motions
A summary judgment movant must file a Local Civil Rule 56.1 statement with evidentiary citations together with the pre-motion letter.
56.1 Statement: Along with the pre-motion letter described above, a party moving for summary judgment must also include a Local Civil Rule 56.1 Statement containing evidentiary citations.
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Page 7 | Submission of Dispositive Motions in Cases Where the Parties Have Consented to Have Magistrate Judge Wicks for All Purposes - Summary Judgment Motions
Parties must submit an agreed proposed briefing schedule with the pre-motion letter, cannot file papers until court approval, and opposing letters are due within five business days except for summary judgment motions.
The parties must also submit a proposed briefing schedule that has been agreed upon by the parties, which may be attached to the letter and shall not count toward the word count. The briefing schedule is subject to approval by the Court and no papers may be filed until such approval is given. Opposing letters shall be within five (5) business days, with the exception of motions for summary judgment, which shall follow the timing as set forth below.
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Page 7 | Submission of Dispositive Motions in Cases Where the Parties Have Consented to Have Magistrate Judge Wicks for All Purposes - Pre-motion Conference
In summary judgment practice, the opposing party must respond within 15 days with a pre-motion response letter and Rule 56.1 response, and the moving party must respond to additional Rule 56.1(b) paragraphs within 7 days.
Within fifteen (15) days of the filing of the Local Civil Rule 56.1 Statement and the pre-motion conference letter, the party opposing summary judgment shall file a pre-motion letter response and Local Civil Rule 56.1 Response containing evidentiary citations. To the extent the party opposing summary judgment presents additional paragraphs as set out in Local Rule 56.1(b), the moving party shall file a response to these additional paragraphs containing evidentiary citations within seven (7) days.
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Page 8 | Submission of Dispositive Motions in Cases Where the Parties Have Consented to Have Magistrate Judge Wicks for All Purposes - Summary Judgment Motions
Oral argument is not available on letter motions unless the Court specifically orders it.
There will be no oral argument on letter motions unless the Court orders otherwise.
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Page 5 | Motions - A. Discovery and Other Non-Dispositive Motions
Sur-replies are prohibited unless the Court grants prior leave.
No “sur-replies” may be filed absent prior court leave.
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Page 6 | Motions - C. General Motion Practices for Motions Made on Notice (Not Letter Motions)
Discovery and other non-dispositive letter motions do not require a pre-motion conference.
No pre-motion conference is required.
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Page 5 | Motions - A. Discovery and Other Non-Dispositive Motions
Adjournment & Extension Requirements
Adjournment and extension requests must be filed in writing at least two business days in advance with specified information, filed through ECF as motions, and include revised scheduling information when other dates are affected.
All requests for adjournments of a Court conference, extensions of time, or requests to appear remotely by either telephone or video, absent an emergency, shall be made in writing at least two (2) business days prior to the scheduled appearance. Further, all requests for adjournments or extensions of time must state: (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether those previous requests were granted or denied, (4) the reason(s) why an adjournment or extension is necessary, and (5) whether all parties consent (including reasons why any party is withholding consent). Both requests for adjournments and for extensions of time must be filed through ECF as “MOTIONS.” If the requested adjournment or extension affects any other scheduled date, a proposed revised date(s)/briefing schedule must be provided.
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Page 3 | Communications with Chambers - Requests for Adjournments or Extensions of Time
Adjournment requests for conferences must propose at least three mutually convenient new dates and times.
propose at least three (3) mutually convenient dates and times for the re-scheduled conference.
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Page 4 | Communications with Chambers - Requests for Adjournments or Extensions of Time
Schedule revisions require court approval and must be requested under Rule 1.D.
No revisions to the schedule will be made without the Court’s approval. Such applications for further revisions shall be made pursuant to Rule 1.D, supra.
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Page 6 | Motions - C. General Motion Practices for Motions Made on Notice (Not Letter Motions)
Chambers Communication Rules
Fax communications to Chambers require prior authorization.
Faxes to Chambers are not permitted without prior authorization.
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Page 3 | Communications with Chambers - Faxes
Letters to the Court must be filed via ECF unless otherwise directed, and ex parte submissions are barred except confidential settlement materials.
All letters sent to the Court are to be filed via ECF (see Rule 2 below) unless otherwise directed by the Court. There shall be no ex parte submissions to the Court, except for the confidential settlement materials outlined in Rule 5.B, infra.
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Page 3 | Communications with Chambers - Letters
Pro se parties must contact the pro se office rather than Chambers by phone.
Parties appearing pro se should not call Chambers but rather should call the pro se office ((631) 712-6060) with any inquiries.
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Page 3 | Communications with Chambers - Telephone Calls
In civil cases, documents directed to Magistrate Judge Wicks must be filed electronically except as specifically exempted.
Regardless of the District Judge assigned, all documents directed to Magistrate Judge Wicks in civil actions MUST be filed electronically, with a limited exception as stated in Rule C below.
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Page 4 | Electronic Case Filing (ECF)
For deposition disputes requiring court intervention, parties must immediately call the Court and may not stop the deposition before attempting contact.
If a resolution cannot be achieved, thus necessitating court intervention, then pursuant to Local Rule 37.3(b), the parties are directed to contact the Court immediately by telephone. Under no circumstances may the parties discontinue the deposition without first attempting to contact the Court.
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Page 9 | Depositions
Settlement statements and supporting documents must be emailed to Chambers at the listed address and must not be served on adversaries or filed on ECF.
All settlement statements and supporting documents shall be emailed to the Court at Wicks_Chambers@nyed.uscourts.gov and NOT shared with the adversary and NOT filed on ECF.
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Page 10 | Settlement Conferences - Confidential Submissions
Parties must email Word versions of specified jury-trial submissions to Chambers at the listed email address.
In addition to filing the documents via ECF, the parties shall email Microsoft Word versions of the voir dire questions, joint introductory statement of the case, proposed jury charge, and proposed verdict sheet (items (1)-(4) listed above) to Chambers at: Wicks_Chambers@nyed.uscourts.gov.
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Page 11 | Filings Prior to Trial
Chambers email must be used to transmit the stipulation of facts in represented-plaintiff cases.
In all cases in which the plaintiff is represented by counsel, the parties are to electronically transmit a Microsoft Word Document version of the stipulation of facts to Chambers via the Chambers email.
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Page 13 | Courtesy Copies
Emergency adjournment or extension applications may be made by phone to Chambers.
True emergency applications for an adjournment or extension may be made by telephoning chambers.
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Page 3 | Communications with Chambers - Requests for Adjournments or Extensions of Time
Phone calls to Chambers are allowed only when counsel for all parties is on the line.
Telephone calls to Chambers are permitted so long as counsel for all parties are on the line, subject to the rules set forth below in Rule 1.D.
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Page 3 | Communications with Chambers - Telephone Calls
Requests for disability or religious accommodations may be sent to Chambers by email.
Requests for reasonable accommodations on account of disability or religion with respect to the Court’s rules or in connection with any proceeding before Judge Wicks may be emailed to chambers.
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Page 3 | Communications with Chambers
Docketing and scheduling questions should be directed to the Courtroom Deputy.
All questions regarding docketing, scheduling, or criminal matters should be directed to the Courtroom Deputy.
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Page 3 | Communications with Chambers - Telephone Calls
ECF filing and training questions should be directed by phone to the listed clerk contacts.
Questions regarding ECF filing or training should be directed to Grisel Ortiz in Central Islip at (631) 712-6031, or Evelyn Levine in Brooklyn at (718) 260-2312.
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Page 4 | Electronic Case Filing (ECF)