Judge James R. Cho
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- Adjournment/extension requests must include appearance date/deadline
- Parties may file motions within FRCP time limits if compliance would deprive substantive rights.
Request must include
- Adjournment requests must be made at least 2 business days in advance unless emergency.
Communication
Phone
Chambers
Chambers
Letter via fax
Chambers
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
At least seven days prior to the settlement conference, the parties shall submit to chambers by email (cho_chambers@nyed.uscourts.gov) ex parte settlement letters that address the following: (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weakness of their case; and (4) any information that may assist the Court in helping the parties resolve the matter. The ex parte letters shall be limited to five pages exclusive of attachments.
Summary: Ex parte settlement letters (max 5 pages) due 7 days before settlement conference.
Ex Parte Settlement Letter
5 pages
Applies to: Attorney
Document Format Requirements4 rules
Machine summary. Not checked yet.Mandatory?
Pro se litigants are directed to make any filings via hand delivery or U.S. mail to the designated "Pro Se clerk" in the Clerk's office, to the attention of Judge Cho and the presiding District Judge, and by delivering a copy to the attorney for the opposing party.
Summary: Pro se litigants must file via hand delivery or mail to Pro Se clerk
Paper
Machine summary. Not checked yet.Mandatory?
All papers submitted to the Court should include the docket number for the case followed by the initials of the presiding District Judge, followed by Judge Cho's initials (JRC).
Summary: All papers must include docket number and judge initials
Machine summary. Not checked yet.Mandatory?
Memoranda of 10 pages or more shall contain a table of contents. All memoranda must use one-inch margins, double spacing, and 12-point font (including footnotes).
Summary: Memoranda over 10 pages need TOC; all require 1-inch margins, double spacing, 12-point font.
Machine summary. Not checked yet.Important?
The confidential portion of the transcript and any exhibits referenced solely therein shall be bound in a separate volume and marked “Confidential Information” by the reporter.
Summary: Confidential transcript portions and related exhibits must be separately bound and labeled “Confidential Information.”
Document Filing Requirements22 rules
Machine summary. Not checked yet.Mandatory?
Two business days before the Initial Conference, the parties must file on ECF a joint, proposed discovery plan, that includes proposed deadlines for the following items: (1) exchange of initial disclosures, if not already completed; (2) amendment to pleadings; (3) joinder of parties; (4) completion of fact discovery; (5) completion of expert discovery, if applicable; and (6) commencement of dispositive motion practice, if any (subject to the Individual Practices and Rules of the presiding District Judge).
Summary: Joint discovery plan must be filed 2 business days before Initial Conference.
Document Type
Joint Discovery Plan
Machine summary. Not checked yet.Mandatory?
Litigants shall make discovery or other non-dispositive motions by letter motion, pursuant to Local Civil Rules 37.3(c) or 7.1(d), and shall be filed on ECF as a “Motion,” not as a “Letter.”
Summary: Discovery/non-dispositive motions filed as “Motion” on ECF, not “Letter”.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
In consent cases assigned to Judge Cho for trial, on or before the deadline set by the Court, the parties shall submit a proposed joint pretrial order that includes the following: (1) The full caption of the action. (2) The names, addresses (including firm names), telephone number, 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 that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. Such summaries shall identify 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. (6) Any stipulations or agreed statements of fact or law that have been agreed to by all parties. (7) A list of the names and addresses of all witnesses, including possible witnesses who may be called only for impeachment or rebuttal purposes and so designated, together with a brief narrative statement of the expected testimony of each witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown. (8) A designation by each party of those portions of any deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.
Summary: Consent cases before Judge Cho require detailed joint pretrial order with specific content requirements.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
The parties must file a proposed joint pretrial order in the format prescribed by the presiding District Judge on or before the deadline set by the Court or as set forth in the presiding District Judge’s Individual Practices and Rules.
Summary: Joint pretrial order must be filed by deadline in format prescribed by District Judge.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
All exhibits must be pre-marked for the trial, exchanged with the other parties, and delivered to the Court at least 10 days before trial, or sooner if directed by the Court. Where exhibits are voluminous, they should be placed in binders with tabs or clipped and placed in labeled folders.
Summary: Exhibits must be pre-marked, exchanged, and delivered to Court at least 10 days before trial.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
(a) A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should also separately include exhibits that the party knows or anticipates prior to trial it may offer for impeachment or rebuttal purposes. The parties will 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 resolve before trial all issues of authenticity, chain of custody and related grounds. Only exhibits listed will be received in evidence, except for good cause shown.
Summary: Exhibits must be listed with objections and resolved before trial; only listed exhibits admitted except for good cause.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Filings Prior to Trial in Civil Consent Cases. Unless otherwise ordered by the Court, each party shall file the following items 15 days prior to the start of trial: (1) All motions addressing any evidentiary or other issues that should be resolved in limine. Any opposition should be filed 7 days prior to the start of trial. Any reply should be filed 3 days prior to the start of trial.
Summary: Motions in limine must be filed 15 days before trial, with opposition 7 days and reply 3 days before trial.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations. See Local Civil Rule 7.1.
Summary: Legal arguments must be in memorandum of law, not affidavits.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
To the extent practical, the parties should continue the deposition while waiting for the Court to address the areas in dispute. Under no circumstances should the parties discontinue the deposition without first attempting to contact the Court.
Summary: Continue deposition while waiting for Court; do not discontinue without contacting Court.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Counsel in cases involving pro se litigants must send copies of documents filed on ECF to the pro se party, and file proof of service on ECF.
Summary: Counsel must send ECF filings to pro se parties and file proof of service
Document Type
All
Machine summary. Not checked yet.Mandatory?
All documents must be filed electronically on ECF, except as stated below or otherwise directed by the Court.
Summary: All documents must be filed electronically on ECF
Document Type
All
Machine summary. Not checked yet.Mandatory?
A request for adjournment or for extension of time must be filed on ECF as a "Motion" and not as a "Letter."
Summary: Adjournment/extension requests must be filed as "Motion" not "Letter"
Document Type
Adjournment Request
Machine summary. Not checked yet.Mandatory?
Parties should primarily communicate with the Court through the Case Management/Electronic Case Files ("ECF") program. 1 Each attorney of record must file a Notice of Appearance as to each represented party and must register to receive ECF notifications before filing any motions, letters, or other documents. Attorneys will receive notification of all Court orders electronically.
Summary: Attorneys must file Notice of Appearance and register for ECF notifications before filing
Document Type
Notice Of Appearance
Machine summary. Not checked yet.Important?
Interpreter services are generally not provided by the Court in civil cases. If a party speaks a language other than English, the party must make his or her own arrangement to conduct his or her case in English.
Summary: Parties must arrange their own interpreters in civil cases.
Document Type
Civil Case
Machine summary. Not checked yet.Important?
The parties should not file any discovery materials on ECF unless necessary for the joint letter or Court-ordered discovery motion.
Summary: Discovery materials should not be filed on ECF unless necessary.
Document Type
Discovery Motion
Machine summary. Not checked yet.Important?
An attorney for the producing party may designate documents or parts thereof as confidential by stamping the word “confidential” on each page.
Summary: A producing party designates confidentiality by stamping each page with the word “confidential.”
Document Type
Confidential Document
Machine summary. Not checked yet.Note?
In jury cases, requests to charge limited to the elements of the claims, the damages sought and defenses. General instructions will be prepared by the Court.
Summary: Jury charge requests limited to elements, damages, and defenses; Court prepares general instructions.
Document Type
Jury Charge Request
Machine summary. Not checked yet.Note?
In jury cases, proposed voir dire questions, and a proposed jury verdict form.
Summary: Jury cases require proposed voir dire questions and jury verdict form.
Document Type
Jury Voir Dire
Machine summary. Not checked yet.Note?
For non-jury trials, a pretrial memorandum in any case where such party believes it would be useful.
Summary: Pretrial memorandum may be filed for non-jury trials if party believes it would be useful.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Note?
Court orders will be provided to pro se litigants by U.S. mail, unless otherwise directed by the Court. Pro se litigants must keep current contact information on file with the Court.
Summary: Court orders to pro se litigants by U.S. mail; must keep contact information current
Document Type
Court Order
Machine summary. Not checked yet.Note?
Pro se litigants are exempt from ECF requirements, but may request permission to file documents and receive notices electronically.
Summary: Pro se litigants exempt from ECF requirements but may request electronic filing
Document Type
All
Machine summary. Not checked yet.Note?
To the extent any party requests oral argument, the party shall note “Oral Argument Requested” in the caption of the Notice of Motion or the opposing memorandum.
Summary: Request oral argument by noting in caption of Notice of Motion or opposing memorandum.
Document Type
Notice Of Motion
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies only upon Court's request
Courtesy Copies. Courtesy copies should only be provided upon request of the Court.
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Sealing & Redaction Procedures
Motions to file under seal must be filed via ECF with sealed documents attached.
Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal.
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Page 8 | Sealing of Submissions
Confidential treatment may be applied to proprietary commercial data, sensitive personal data, medical/legal records, and non-public criminal history.
Sensitive Commercial Data, such as confidential or proprietary research, development, manufacturing, or commercial or business information, trade secrets, special formulas, company security matters, customer lists, financial data, projected sales data, production data, matters relating to mergers and acquisitions, and pricing data. Sensitive Personal Data, such as personal identifiers, financial information, tax records, and employer personnel records. Medical and Legal Records, including medical files and reports. Non-public criminal history.
Machine summary. Not checked yet. · Civil cases
Page 1 | CONFIDENTIALITY ORDER (a)
Parties must follow the EDNY civil sealed-document e-filing procedure.
The parties shall comply with the Eastern District of New York’s Steps for E-Filing Sealed Documents in Civil cases, located at https://www.nyed.uscourts.gov/sites/default/files/forms/EfilingSealedCV.pdf, if they
Machine summary. Not checked yet. · Civil cases
Page 2 | CONFIDENTIALITY ORDER (h)
Filing Bundling Requirements
The Court does not require bundling of filings.
The Court does not follow a “bundling rule.”
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Pre-Motion Conference Requirements
Discovery disputes require joint letter (max 3 pages per party).
In the event the parties are unable to resolve a discovery dispute, the parties must write to the Court and describe their dispute in a single letter, jointly composed. Each party's portion of the joint submission shall be limited to three pages. See Local Civil Rule 37.3(c).
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Pre-motion conferences not required for Judge Cho.
Pre-motion conferences are not required for motions submitted to Judge Cho.
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Page 4 | Motions
Deposition disputes must first be resolved among parties.
Parties encountering deposition problems should first make every effort to resolve the dispute among themselves consistent with the rules regarding discovery disputes.
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Court may order briefing after conference for discovery disputes.
If the dispute cannot be resolved during the conference, the Court may order the parties to brief a motion to compel or for a protective order.
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Non-dispositive motions encouraged by letter.
Parties are encouraged to make non-dispositive motions by letter. Parties seeking judicial resolution of such issues should comply with Local Civil Rule 7.1(d) or 37.3(c), as applicable.
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Adjournment & Extension Requirements
Adjournment requests must be made at least 2 business days in advance unless emergency.
If the request is for an adjournment of a Court appearance, absent an emergency, it shall be made at least two business days prior to the scheduled appearance. If the request is made less than two business days prior to the scheduled appearance, the moving party should notify the Courtroom Deputy after the request has been filed.
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Page 3 | Requests for Adjournments or Extensions of Time
Adjournment/extension requests must include appearance date/deadline
Please include the following information with any adjournment or extension request: (1) the appearance date or deadline you wish to adjourn or extend; (2)
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Parties may file motions within FRCP time limits if compliance would deprive substantive rights.
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, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil or Appellate Procedure, together with an explanation of the basis for the conclusion.
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Chambers Communication Rules
Parties must immediately notify Chambers by telephone of specific events.
A party or the parties shall immediately notify Chambers by telephone if any of the following events occur:
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Page 9 | K. Required Notification to Chambers
Contact Chambers immediately by phone for unresolved deposition disputes.
In the event the parties are unable to reach a satisfactory resolution, the parties are directed to contact Chambers immediately by telephone with all parties on the line.
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Emails only for ex parte settlement statements or as directed by Court
Email. Emails are permitted only for sending ex parte settlement statements to Chambers (see specific rules below), or as otherwise directed by the Court.
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Telephone calls to Chambers only for emergencies; adjournment requests must be in writing
Telephone Calls. Telephone calls to Chambers are permitted only in emergency situations requiring immediate attention, such as when a ruling is needed during the course of a deposition (see specific rules below). Parties may contact the Courtroom Deputy with questions about scheduling matters, but all adjournment requests must be made in writing and will not be considered telephonically.
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Faxes to Chambers require prior authorization
Faxes to Chambers are not permitted without prior authorization.
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Junior Lawyer Participation Incentives
Court encourages junior attorneys and law students to argue in court with supervision
The United States District Court for the Eastern District of New York is a teaching court, and the Court encourages opportunities for law students and junior attorneys to appear and argue in Court accompanied and supervised by a more experienced attorney. Requests for leave for law students to argue in Court will be freely granted, and the Court will permit multiple attorneys to argue for one party if this creates an opportunity for junior attorneys to participate.
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