Judge Joan M. Azrack
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 2 copies
Filings > 20 pages
- Mail • Upon Filing
- Upon Filing
Joint Request To Charge
- Upon Filing
Motion
- 1 copy • When Fully Briefed
Adjournments
- Adjournment and extension requests must be filed by ECF letter at least 48 hours before the relevant deadline or appearance.
- Adjournment and extension requests must be filed by ECF letter at least 48 hours in advance and include specified details.
Communication
Chambers
Phone
Chambers
Phone
Clerk
Phone
Chambers
Phone
Chambers
Page & Word Limits3 rules
Machine summary. Not checked yet.Mandatory?
Memoranda of law in support of, and in opposition to, motions are limited to 25 pages, and reply memoranda are limited to 15 pages.
Summary: Support and opposition memoranda are limited to 25 pages, and reply memoranda are limited to 15 pages.
Memorandum In Support Or Opposition
25 pages
Reply Memorandum
15 pages
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of, and in opposition to, motions are limited to 25 pages, and reply memoranda are limited to 15 pages.
Summary: Motion support and opposition memoranda are capped at 25 pages, and reply memoranda are capped at 15 pages unless prior permission is granted.
Brief
25 pages
Opposition
25 pages
Reply
15 pages
Machine summary. Not checked yet.Mandatory?
For appeals from Magistrate Judge orders concerning discovery, the appeal must be in the form of a letter, not exceeding three pages in length.
Summary: Discovery-related magistrate judge appeals must be filed as letters and are limited to three pages.
Magistrate Judge Discovery Appeal
3 pages
Document Format Requirements7 rules
Machine summary. Not checked yet.Mandatory?
Proposed orders, jury instructions, and other such writings a party wishes the Court to adopt should be submitted to chambers in Microsoft Word format as well as filed on ECF in PDF format. However, parties need not submit word-processing files of stipulations of dismissal or settlement unless specifically requested to do so.
Summary: Proposed orders, jury instructions, and similar proposed language must be submitted in Word to Chambers and filed in PDF on ECF, except dismissal/settlement stipulations unless specifically requested.
DOCX
Machine summary. Not checked yet.Mandatory?
If the parties cite to jury instructions from another case as authority for their proposed instructions, the parties shall submit a PDF version of those instructions to Chambers at Azrack_chambers@nyed.uscourts.gov .
Summary: When citing jury instructions from another case, parties must submit a PDF version to Chambers by email.
Machine summary. Not checked yet.Important?
Parties must follow the Court’s formatting and filing rules for Local Rule 56.1 statements and evidentiary filings.
Summary: Summary judgment filings must comply with the Court’s formatting and filing requirements for Local Rule 56.1 statements and evidentiary materials.
Machine summary. Not checked yet.Important?
All written submissions and supporting materials must be text-searchable, to the extent practicable.
Summary: Written submissions and supporting materials must be text-searchable where practicable.
Machine summary. Not checked yet.Important?
On motions for summary judgment, do not attach complete deposition transcripts as exhibits. Attach only pages containing relevant testimony to which citation is
Summary: For summary-judgment exhibits, complete deposition transcripts must not be attached, and only cited relevant pages should be attached.
Machine summary. Not checked yet.Important?
Exhibits must be plainly labeled on ECF, not simply listed as an “Exhibit,” in a manner substantially similar to the following:
Summary: Exhibits filed on ECF must be clearly labeled with specific identifiers, not generic “Exhibit” labels.
Machine summary. Not checked yet.Important?
Where exhibits are voluminous, they should be paginated and placed in binders with tabs.
Summary: Voluminous exhibits should be paginated and organized in tabbed binders.
Document Filing Requirements27 rules
Machine summary. Not checked yet.Mandatory?
Party moving shall submit a proposed order for the Court’s signature.
Summary: Motions for default judgments and petitions to confirm arbitration awards must include a proposed order.
Document Type
Default Judgment Or Petition To Confirm Arbitration Award
Machine summary. Not checked yet.Mandatory?
All documents must be filed electronically.
Summary: All filings must be submitted electronically.
Document Type
All Documents
Machine summary. Not checked yet.Mandatory?
Except in pro se cases, Local Rule 56.1 statements by a party opposing summary judgment shall quote verbatim the moving party’s Local Rule 56.1 statement, and shall respond to each allegation in the moving party’s statement immediately beneath each allegation.
Summary: In non-pro se cases, a summary-judgment opponent’s Rule 56.1 statement must quote each movant allegation verbatim and respond directly beneath each allegation.
Document Type
Lr 56 1 Opposition Statement
Machine summary. Not checked yet.Mandatory?
All appeals and objections must set forth the specific aspects of the order or report that are being challenged.
Summary: Magistrate judge appeals and objections must specifically identify what parts of the order or report are challenged.
Document Type
Magistrate Judge Appeal Or Objection
Machine summary. Not checked yet.Mandatory?
Regardless, 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 and/or Appellate Procedure, together with an explanation of the basis for the conclusion.
Summary: A party filing early to preserve rights under strict federal deadlines must include an explanation of the good-faith basis for doing so.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
A party moving for default judgment or moving to confirm an unopposed petition to confirm an arbitration award shall submit a proposed order for the Court’s signature. The proposed order shall contain evidentiary citations, with affidavits and other documentary evidence.
Summary: Default judgment and unopposed arbitration-confirmation motions must include a proposed order supported by evidentiary citations and documentary proof.
Document Type
Default Judgment Or Unopposed Arbitration Confirmation Motion
Machine summary. Not checked yet.Mandatory?
The responsive papers filed by the defendant, as required by AO(ii)(B), shall include an “Opposing Statement of Contentions,” containing correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.
Summary: Defendant responsive papers must include an Opposing Statement of Contentions with correspondingly numbered responses.
Document Type
Opposition To Motion For Judgment On The Pleadings
Machine summary. Not checked yet.Mandatory?
Each contention by the movant and opponent made pursuant to this rule must be followed by pinpoint citations to the administrative record, identifying evidence supporting and/or rebutting each said contention.
Summary: Each contention in these Social Security statements must include pinpoint citations to the administrative record.
Document Type
Statement Of Contentions And Opposing Statement Of Contentions
Machine summary. Not checked yet.Mandatory?
In all cases in which the plaintiff is represented by counsel, along with its motion for judgment on the pleadings, as required by this district’s Administrative Order 2015-05 (“In re: Scheduling in Social Security Cases”)(ii)(A), the plaintiff shall provide a “Statement of Contentions.”
Summary: Represented plaintiffs must file a Statement of Contentions with their motion for judgment on the pleadings in Social Security appeals.
Document Type
Motion For Judgment On The Pleadings
Machine summary. Not checked yet.Mandatory?
This statement, conceptually similar to that required for summary judgment motions by Local Rule 56.1, shall set forth a separate, short, and concise statement, in numbered paragraphs, the contentions of the plaintiff 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, the plaintiff contends, is not supported by substantial evidence.
Summary: The Statement of Contentions must be a separate, short, concise, numbered statement identifying alleged legal errors and unsupported ALJ findings.
Document Type
Statement Of Contentions
Machine summary. Not checked yet.Mandatory?
The names, addresses (including firm names), and telephone and fax numbers of trial counsel.
Summary: The joint pretrial order must list trial counsel names, addresses, and telephone/fax numbers.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Names of all witnesses (fact and expert), together with a brief narrative statement of the expected testimony of each witness and an indication whether the witness will testify in person or by deposition. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown.
Summary: The joint pretrial order must include detailed witness listings, and unlisted witnesses are barred absent prompt notice and good cause.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A brief summary by each party of the claims and defenses that party has asserted which remain to be tried, without recital of evidentiary matters, but including citations to all statutes relied on. The parties shall identify all claims and defenses previously asserted which are not to be tried.
Summary: The joint pretrial order must summarize remaining claims/defenses with statute citations and identify claims/defenses no longer to be tried.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
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.
Summary: The joint pretrial order must include party jurisdiction statements with statute citations and relevant citizenship/jurisdictional amount facts.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Any stipulations of fact or law that have been agreed to by all parties.
Summary: The joint pretrial order must include any stipulations of fact or law agreed by all parties.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A joint pretrial order shall be prepared under the supervision of the assigned Magistrate Judge in accordance with the schedule set by the Magistrate Judge.
Summary: A joint pretrial order must be prepared under magistrate judge supervision on the magistrate’s schedule.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Schedule of exhibits to be offered in evidence by each party. To the extent practicable, counsel should identify any anticipated objections to an opposing party’s exhibits. Exhibits admitted by stipulation are to be designated as such. Only exhibits listed shall be offered in evidence except when prompt notice has been given and good cause shown.
Summary: The joint pretrial order must include exhibit schedules and listed-exhibit limits, with anticipated objections identified where practicable.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
The full caption of the action.
Summary: The joint pretrial order must include the full caption of the action.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A designation by each party of deposition testimony to be offered in its case-in-chief, with any cross-designations.
Summary: Each party must include deposition designations and cross-designations in the joint pretrial order.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A statement regarding damages and other relief sought.
Summary: The joint pretrial order must include a statement of damages and other relief sought.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
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: Each party must state jury or non-jury trial and estimated trial days in the joint pretrial order.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
All exhibits must be premarked for trial and exchanged with the other parties at least ten days before trial.
Summary: Exhibits must be premarked and exchanged at least ten days before trial.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
The joint request to charge shall include the elements of the claims, the damages sought, the defenses, any special requests to charge, and supporting authority.
Summary: The joint request to charge must include claim elements, damages, defenses, special charge requests, and supporting authority.
Document Type
Joint Request To Charge
Machine summary. Not checked yet.Mandatory?
Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.
Summary: Sentencing memoranda and objections to the Presentence Report must be provided to Probation.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Important?
If the opposing statement includes a separate section of additional facts, the moving party must file a reply statement addressing the additional assertions.
Summary: When an opposing Rule 56.1 statement adds a separate section of additional facts, the movant must file a reply statement addressing those assertions.
Document Type
Lr 56 1 Reply Statement
Machine summary. Not checked yet.Important?
Memoranda of 10 pages or more shall contain a table of contents.
Summary: Any memorandum of law that is 10 pages or longer must include a table of contents.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Important?
Notices of motion shall not contain a return date.
Summary: Notices of motion must omit any return date.
Document Type
Notice Of Motion
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies are required only for ECF submissions exceeding 20 pages, must be properly marked/tabbed and mailed on filing date, and are excluded for FRCP 7(a) pleadings and filings directed to the Magistrate Judge.
Hard copies of documents filed by ECF should not be provided to Chambers unless the submission exceeds 20 pages, including exhibits. Any courtesy copies submitted to Chambers must be clearly marked “Courtesy Copy,” “Original Filed by ECF,” and “Assigned Document Number [indicate document number from docket sheet].” Any exhibits or appendices should be clearly labeled and tabbed in the courtesy copy. Courtesy copies should be mailed to Chambers on the filing date; overnight or expedited mail is not required unless the Court orders otherwise. Courtesy copies of any pleadings permitted under Federal Rule of Civil Procedure (“FRCP”) 7(a) and any filing directed to the assigned Magistrate Judge should not be provided to Judge Azrack.
Machine summary. Not checked yet.
Page 4 | COURTESY COPIES
The moving party must provide Chambers one courtesy copy of all motion papers with a cover letter listing each document, and send the cover letter to opposing counsel.
The moving party is also responsible for providing Chambers with one courtesy copy of all motion papers, together with a cover letter specifying each document in the package. A copy of the cover letter shall be sent to opposing counsel.
Machine summary. Not checked yet.
Page 7 | G. Filing of Motion Papers
A courtesy copy and an emailed electronic copy of the joint request to charge are required/expected when filing on ECF.
In addition to filing the joint request to charge on ECF and providing a courtesy copy to the Chambers, an electronic copy should be emailed to Chambers at Azrack_chambers@nyed.uscourts.gov.
Machine summary. Not checked yet.
Page 11 | Filings Prior to Trial in Civil Cases - In Jury Trials
In civil trials, two courtesy copies of exhibits are required.
In All Trials: Two courtesy copies of all exhibits, which shall be appropriately labeled and indexed, including a table of contents.
Machine summary. Not checked yet.
Page 11 | Filings Prior to Trial in Civil Cases
Courtesy copies should not be submitted unless the filing exceeds 20 pages.
Should not be provided unless the submission exceeds 20 pages.
Machine summary. Not checked yet.
Page 1 | Courtesy Copies
Filing Bundling Requirements
In Social Security appeals, the administrative transcript may be filed only together with a fully briefed motion.
Administrative Transcript shall only be filed on ECF contemporaneously with the fully-briefed motion.
Machine summary. Not checked yet.
Page 2 | Social Security Appeals - Bundling Rule
Under the bundling rule, motion papers may not be filed on ECF until briefing is complete.
Bundling Rule: no motion papers shall be filed on ECF until the motion is fully briefed. See rule for full list of requirements.
Machine summary. Not checked yet.
Page 2 | Filing of Motion Papers
The Court requires bundled motion filing (file only when fully briefed) except for FRCP 50/52/59/60 motions, remand motions, and pro se movant motions.
Judge Azrack follows the “bundling rule.” Except for motions pursuant to FRCP 50, 52, 59, and 60, motions to remand, and motions where the movant is pro se, no motion papers shall be filed on ECF until the motion is fully briefed.
Machine summary. Not checked yet.
Page 7 | G. Filing of Motion Papers
For time-limited motions preserving substantive rights, bundling is not required and filing may occur before full briefing.
As indicated above, these practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.
Machine summary. Not checked yet.
Page 8 | H. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting Rules
Social Security appeal briefing must follow the court’s bundling rule in Individual Rule IV(F).
Briefing in Social Security Appeals shall comply with the “bundling rule” described in Individual Rule IV(F).
Machine summary. Not checked yet.
Page 9 | V. SOCIAL SECURITY APPEALS
The Administrative Transcript may be filed on ECF only when filed together with a fully briefed motion.
The Administrative Transcript shall only be filed on ECF contemporaneously with the fully-briefed motion.
Machine summary. Not checked yet.
Page 9 | V. SOCIAL SECURITY APPEALS
Motions implicating time-limiting rules are exempt from the bundling rule.
No pre-motion conference required and bundling rule does not apply.
Machine summary. Not checked yet.
Page 2 | Motions Implicating Time-Limiting Rules
Pre-Motion Conference Requirements
A pre-motion conference is required for motions (with listed exceptions), and pre-motion letters and responses are capped at 3 pages with responses due in 7 days.
Required before making any motion except for those listed in the rule. Moving party shall file a letter not to exceed 3 pages. Responses (not to exceed 3 pages) are due within 7 days.
Machine summary. Not checked yet.
Page 1 | Pre-Motion Conference
Pre-motion conferences are generally required before motions to Judge Azrack, with 3-page letter/response requirements, specific exemptions, and court-discretion exceptions.
Except as noted below, a pre-motion conference is required before making any motion addressed to Judge Azrack. To arrange a pre-motion conference, the moving party shall file (via ECF) a letter not to exceed three pages in length setting forth the basis or bases for the anticipated motion. All parties so served must file a letter response (also via ECF), not to exceed three pages, within seven days of service. Service of a pre-motion letter by the moving party within the time requirements established by statute or the Federal Rules of Civil Procedure for the filing of a motion (such as FRCP 12), shall constitute timely service of the motion. No pre-motion conference is required for motions pursuant to FRCP 50, 52, 59, and 60, habeas corpus/prisoner petitions, Social Security and Bankruptcy appeals, objections to Reports and Recommendations by Magistrate Judges, motions for default judgment, motions to remand, and motions filed by pro se parties. In some cases, it will be apparent from the letter requesting a pre-motion conference that such a conference will not be a useful expenditure of the parties’ time, and a motion schedule will be set without a pre-motion conference. Additionally, counsel should note that, in appropriate cases, the pre-motion letter along with counsel’s argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself.
Machine summary. Not checked yet.
Page 6 | MOTIONS
If a motion requires a pre-motion conference request, the Court sets the briefing schedule at that conference; otherwise parties must submit a proposed briefing schedule.
For motions in which a pre-motion conference request is required, if the motion goes forward, the Court will set a briefing schedule at the pre-motion conference. For all other motions, the parties shall submit a proposed briefing schedule to the Court.
Machine summary. Not checked yet.
Page 7 | G. Filing of Motion Papers
When strict time limits are necessary to preserve rights, pre-motion conference and pre-filing full-briefing requirements do not apply.
As indicated above, these practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.
Machine summary. Not checked yet.
Page 8 | H. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting Rules
Motions implicating time-limiting rules are exempt from pre-motion conference requirements.
No pre-motion conference required and bundling rule does not apply.
Machine summary. Not checked yet.
Page 2 | Motions Implicating Time-Limiting Rules
Adjournment & Extension Requirements
Adjournment and extension requests must be filed by ECF letter at least 48 hours before the relevant deadline or appearance.
Must be made in the form of a letter filed by ECF at least 48 hours before the deadline or court appearance.
Machine summary. Not checked yet.
Page 1 | Requests for Adjournments/Extensions
Adjournment and extension requests must be filed by ECF letter at least 48 hours in advance and include specified details.
All requests for adjournments of court appearances or extensions of time must be made in the form of a letter filed by ECF at least 48 hours before the deadline or court appearance. The request must indicate: (1) the original date and time; (2) the reason for the request; (4) the number of previous requests; (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing consent; (6) proposed alternative dates when all parties are available; and (7) whether the request affects any other scheduled deadline or court appearance (in which case alternative dates must be proposed).
Machine summary. Not checked yet.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Chambers Communication Rules
For urgent matters, chambers must be notified by phone after the ECF filing is made.
Notify Chambers by telephone after filing on ECF.
Machine summary. Not checked yet.
Page 1 | Urgent Communications
Pro se parties without ECF access must file through the Clerk’s Office and may not fax Chambers without prior approval.
Pro se parties without ECF access shall file all documents through the Clerk’s Office and shall not fax any document to Chambers without prior approval.
Machine summary. Not checked yet.
Page 3 | ELECTRONIC CASE FILING (ECF)
Questions about Judge Azrack’s individual rules must be made through a joint call to Chambers.
If parties have questions concerning the application of Judge Azrack’s individual rules, they shall jointly contact Chambers at (631) 712-5600.
Machine summary. Not checked yet.
Page 4 | COMMUNICATIONS WITH CHAMBERS
For urgent matters requiring immediate attention, chambers must be notified by phone after ECF filing.
Materials filed via ECF may not be reviewed the same day they are filed. If a submission requires immediate attention, please notify Chambers by telephone after filing on ECF.
Machine summary. Not checked yet.
Page 5 | COMMUNICATIONS WITH CHAMBERS
Chambers may be contacted by email at Azrack_chambers@nyed.uscourts.gov to send the electronic copy of the joint request to charge.
In addition to filing the joint request to charge on ECF and providing a courtesy copy to the Chambers, an electronic copy should be emailed to Chambers at Azrack_chambers@nyed.uscourts.gov.
Machine summary. Not checked yet.
Page 11 | Filings Prior to Trial in Civil Cases - In Jury Trials
Telephone contact with chambers staff is allowed for docketing and scheduling/calendar matters.
For docketing, scheduling, or calendar matters, call Lauren Posillico at (631) 712-5609.
Machine summary. Not checked yet.
Page 1 | Telephone Calls
ECF filing assistance is available by phone at the listed number.
For ECF assistance, call (631) 712-6030.
Machine summary. Not checked yet.
Page 3 | ELECTRONIC CASE FILING (ECF)
Counsel may email Word-format files to Chambers at the listed email address.
Counsel may send the files to: Azrack_Chambers@nyed.uscourts.gov.
Machine summary. Not checked yet.
Page 4 | COURTESY COPIES
Parties may call the courtroom deputy for docketing, scheduling, and calendar matters.
Parties may contact Courtroom Deputy Lauren Posillico at (631) 712-5609 regarding docketing, scheduling, or calendar matters.
Machine summary. Not checked yet.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Junior Lawyer Participation Incentives
If counsel indicates a lawyer with seven or fewer years of experience will appear, the Court may schedule a pre-motion conference.
However, if a party advises the Court in its pre-motion argument request that an attorney with seven years or less of experience as a licensed attorney will be representing the party at the conference, the Court may schedule a pre-motion conference.
Machine summary. Not checked yet.
Page 6 | MOTIONS