Court Rules
Judge

Judge Joanna Seybert

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of New York

Limits & Logistics

Document Limits

Letter
4 pgs
Pre Motion Conference Response Letter
4 pgs
Memorandum Of Law Support Or Opposition
25 pgs
Pretrial Memorandum
25 pgs

Courtesy Copies

All filings

  • Upon Filing

Binding: Securely Bound

Filings > 10 pages

  • 1 copy • Upon Filing

Motion, Exhibits

  • Upon Filing

Pretrial Memorandum

  • Unspecified In Text

Adjournments

2Business Daysnotice
  • Adjournment and extension requests must be made as soon as possible and at least two business days in advance unless there is an emergency.
  • Adjournment and extension requests must be made as soon as the need is known and at least two business days in advance unless there is an emergency.
  • Adjournment and extension requests must include prior dates, prior request history, reasons, adversary position, and effects on other deadlines with proposed new dates.
  • Extension requests for responsive pleadings must be directed to the assigned Magistrate Judge and filed on ECF.
  • Any adjournment or extension of briefing deadlines requires court permission.
  • +4 more

Request must include

Original DateNumber Of Previous RequestsPrevious Requests Granted Or DeniedReason For RequestAdversary PositionAffects Other DatesProposed New Dates

Communication

Email

Chambers

doreen_flanagan@nyed.uscourts.gov
Scheduling
Email

Chambers

seybert_chambers@nyed.uscourts.gov
Phone

Clerk

(631) 712-6010
Technical Issues
Phone

Chambers

Emergencies
Filters:AllMandatoryImportantFormattingMemorandaLettersECF FilingExhibitsSummary JudgmentEvidence/Witnesses56.1 Statements

Page & Word Limits5 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

Letters shall include the case name and number, and shall not exceed four (4) pages.

Summary: Letters to the Court must be no longer than four pages.

Letter

4 pages

Page Limits

Machine summary. Not checked yet.Mandatory?

The opposing party shall submit a letter response, of not more than four (4) pages, setting forth its position in opposition.

Summary: The opposing party’s pre-motion response letter is limited to four pages.

Pre Motion Conference Response Letter

4 pages

Page Limits

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 twenty-five (25) pages, and reply memoranda are limited to ten (10) pages.

Summary: Support and opposition memoranda are capped at 25 pages absent prior permission.

Memorandum Of Law Support Or Opposition

25 pages

JS-MLR · Jun 2025 · p. 6
|SecPage Limitations, Formatting, and Bundling
Page Limits

Machine summary. Not checked yet.Mandatory?

Such memoranda shall not exceed twenty-five (25) pages.

Summary: Pretrial memoranda are limited to 25 pages.

Pretrial Memorandum

25 pages

JS-MLR · Jun 2025 · p. 10
|SecVI.B.1.c. Pretrial Memoranda (a.k.a. Trial Briefs)
Page Limits

Machine summary. Not checked yet.Mandatory?

The memoranda shall include a detailed statement of all claims and defenses, together with a summary of the facts, and shall not exceed twenty-five (25) pages.

Summary: Pretrial memoranda are limited to 25 pages.

Pretrial Memorandum

25 pages

JS-MLR · Jun 2025 · p. 12
|SecDefault Deadlines and Filings in Civil Non-Jury/Bench Trials - Fourteen Days Prior to Trials

Document Format Requirements6 rules

Formatting

Machine summary. Not checked yet.Mandatory?

All documents filed to ECF must be text searchable.

Summary: Every ECF filing must be text searchable.

JS-MLR · Jun 2025 · p. 3
|SecELECTRONIC CASE FILING (ECF)
Formatting

Machine summary. Not checked yet.Mandatory?

Any party filing exhibits to ECF must: (1) file each exhibit as a separate PDF file; and (2) clearly identify and describe each exhibit.

Summary: Each exhibit filed on ECF must be uploaded as a separate PDF file.

Required Format

PDF

JS-MLR · Jun 2025 · p. 3
|SecELECTRONIC CASE FILING (ECF)
Formatting

Machine summary. Not checked yet.Mandatory?

Motion papers shall have: one-inch margins; 12-point Times New Roman or larger font; and, be double spaced (with no more than 23 lines per page). To the extent necessary, footnotes shall be printed in 10-point Times New Roman or larger font and be single spaced.

Summary: Motion papers must follow specified margin, font, spacing, line-count, and footnote formatting requirements.

Typography
Font FamilyTimes New Roman
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
JS-MLR · Jun 2025 · p. 6
|SecPage Limitations, Formatting, and Bundling
Formatting

Machine summary. Not checked yet.Mandatory?

The parties must provide the Court with electronic copies of the documents in Word format (not PDF) via Chambers e-mail: Seybert_Chambers@nyed.uscourts.gov.

Summary: Electronic copies must be submitted in Word format rather than PDF.

Required Format

DOCX

JS-MLR · Jun 2025 · p. 12
|SecDefault Deadlines and Filings in Civil Non-Jury/Bench Trials - Twenty-One Days After the Conclusion of Trial
Formatting

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Depositions submitted in support of or in opposition to a summary judgment motion must be submitted in full (condensed) format.

Summary: Depositions used on summary judgment must be filed in full (condensed) format.

JS-MLR · Jun 2025 · p. 5
|SecSummary Judgment Exhibits
Formatting

Machine summary. Not checked yet.Important?

The parties shall also provide the Court with two (2) copies of pre-marked exhibits that are to be assembled and tabbed sequentially in loose-leaf binders, or, if voluminous, in separate manila folders labeled with the exhibit numbers or letters and placed in a suitable container for ready reference.

Summary: Exhibit copies for the Court must be tabbed sequentially in loose-leaf binders or, if voluminous, organized in labeled manila folders in a suitable container.

Layout & Binding
Binding Style
Three Ring Binder
JS-MLR · Jun 2025 · p. 12
|SecDefault Deadlines and Filings in Civil Non-Jury/Bench Trials - Three Days Prior to Trial

Document Filing Requirements32 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

Any document seeking relief of any kind from the Court must be filed as a “Motion” (and not as a “Letter”).

Summary: Requests for court relief must be filed as motions rather than letters.

Document Type

Motion

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 1
|SecI.C. Requests for Court Action
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Each numbered paragraph in the Rule 56.1 Statement must contain only one factual assertion. Each factual assertion must be followed by a supporting citation to the record.

Summary: Rule 56.1 statements must present one factual assertion per numbered paragraph and include record citations for each assertion.

Document Type

Rule 56 1 Statement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

All evidence cited in Rule 56.1 Statements, Counterstatement, and Responses must be attached as exhibits to a declaration, which are to be filed with said Statements, Counterstatements, and Responses.

Summary: Rule 56.1 statements, counterstatements, and responses must include cited evidence as exhibits attached to a declaration.

Document Type

Rule 56 1 Statement Counterstatement Response

Content & Formatting
Exhibit List
JS-MLR · Jun 2025 · p. 5
|SecSummary Judgment Exhibits
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Motions for default judgment and to compel arbitration awards must be supported by evidence establishing liability and substantiating the damages or award sought.

Summary: Motions for default judgment or to compel arbitration awards must include competent evidence on liability and damages/award.

Document Type

Motion For Default Judgment Or To Compel Arbitration Award

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 5
|SecMotions for Default Judgments and to Compel Arbitration Awards
Filing Requirements

Machine summary. Not checked yet.Mandatory?

the movant must file a responsive Rule 56.1 Statement addressing those additional factual statements, which responses must also be made within fourteen (14) days of their service and be supported by citation to admissible evidence.

Summary: Movants must file responsive Rule 56.1 statements within 14 days of service and support responses with admissible evidence citations.

Document Type

Rule 56 1 Responsive Statement

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 5
|SecAdditional Factual Statements
Filing Requirements

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All counsel appearing at conferences must: 1. Have filed a notice of appearance;

Summary: Counsel must file a notice of appearance before appearing at conferences.

Document Type

Notice Of Appearance

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

A statement by each party as to the witnesses whose testimony is to be offered in its case in chief with a brief narrative statement of the expected testimony of each witness. This list must indicate whether such witnesses will testify in person or by deposition and whether such witnesses will be called for impeachment or rebuttal purposes.

Summary: Each party must include a witness list with narrative testimony summaries and specify testimony mode and impeachment/rebuttal use.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within sixty (60) days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order setting forth the information required by Rule 26(a)(3) of the Federal Rules of Civil Procedure and the following:

Summary: A joint pretrial order is required within 60 days after discovery closes or 60 days after a dispositive-motion decision, unless the Court orders otherwise.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 9
|SecVI. CIVIL TRIAL PROCEDURES - A. Joint Pretrial Orders
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The full caption of the action.

Summary: The joint pretrial order must include the full case caption.

Document Type

Joint Pretrial Order

Content & Formatting
Caption
Filing Requirements

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All motions addressing any evidentiary or other issues that should be resolved in limine are to be fully briefed and filed at least fourteen (14) days prior to jury selection.

Summary: Motions in limine must be fully briefed and filed at least 14 days before jury selection.

Document Type

Motions In Limine

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 10
|SecVI.B.1.b. Motions in Limine
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The parties must jointly file: i. Proposed voir dire questions to ask prospective jurors; ii. Requests to charge (that should be limited to the elements of the claims, the damages sought, and the defenses raised);

Summary: Five days before jury selection, parties must jointly file proposed voir dire questions and requests to charge.

Document Type

Joint Pre Jury Selection Filings

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 10
|SecVI.B.2. Five Days Prior to Jury Selection
Filing Requirements

Machine summary. Not checked yet.Mandatory?

A party may not call as a witness an individual who is not listed in its portion of the witness list, except when prompt notice has been given and good cause has been shown.

Summary: Unlisted witnesses generally cannot be called unless prompt notice and good cause are shown.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The opposing party must indicate to which exhibits it objects and the nature of the objection (e.g., “authenticity”, “hearsay”, and “Rule 403”). Any objection not listed shall be deemed waived.

Summary: Exhibit objections and their grounds must be listed, and omitted objections are waived.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Within twenty-one (21) days after the conclusion of trial, the parties shall file proposed findings of fact and conclusions of law, with citations to the trial record, together with supporting legal authority.

Summary: Proposed findings of fact and conclusions of law must include citations to the trial record and supporting legal authority.

Document Type

Proposed Findings Conclusions

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 12
|SecDefault Deadlines and Filings in Civil Non-Jury/Bench Trials - Twenty-One Days After the Conclusion of Trial
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The parties shall file their memoranda: identifying the issues; summarizing the relevant facts and applicable law; and, addressing any evidentiary issues that counsel believes will arise at trial.

Summary: Pretrial memoranda must identify issues, summarize relevant facts and law, and address expected evidentiary issues.

Document Type

Pretrial Memorandum

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 12
|SecDefault Deadlines and Filings in Civil Non-Jury/Bench Trials - Fourteen Days Prior to Trials
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The parties shall also provide the Court with two (2) copies of pre-marked exhibits that are to be assembled and tabbed sequentially in loose-leaf binders, or, if voluminous, in separate manila folders labeled with the exhibit numbers or letters and placed in a suitable container for ready reference. Counsel shall also include copies of any deposition testimony to be utilized at trial.

Summary: Parties must provide two pre-marked exhibit copies to the Court and include any deposition testimony to be used at trial.

Document Type

Exhibits

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 12
|SecDefault Deadlines and Filings in Civil Non-Jury/Bench Trials - Three Days Prior to Trial
Filing Requirements

Machine summary. Not checked yet.Mandatory?

All requests to travel outside of the United States shall be made as soon as the defendant is aware of the need and, in any event, at least forty-five (45) business days prior to the scheduled travel date, absent an emergency. See Rule I(D)(1) if an emergency has risen resulting in the late request.

Summary: International travel requests must be made as soon as the need is known and at least 45 business days before travel, unless there is an emergency.

Document Type

Motion To Travel

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 15
|SecInternational Travel Requests
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Requests to travel outside of the United States shall be filed as a “Motion to Travel”. The requested travel is not permitted unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All international travel requests must include: i. A request to have the defendant’s Passport returned for the sole purpose of the intended travel (the defendant must acknowledge the requirement to immediately surrender the Passport upon return to the District); ii. The dates the defendant intends to leave and return to the District; iii. The location to which the defendant intends to travel; iv. The reason or purpose for the requested travel; v. The number of previous requests to travel and if the previous travel requests were for the same or similar purpose (i.e., work or family related travel); vi. Whether previous requests were granted or denied; and vii. Whether the Government and the Pretrial Services Department or the U.S. Probation Department (whichever applicable) consents to the requested travel, and if not, the reasons given for refusing consent.

Summary: International travel must be requested by a Motion to Travel and include specified passport, itinerary, purpose, prior-request, and consent information.

Document Type

Motion To Travel

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 15
|SecInternational Travel Requests
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The parties are to fully complete the Court’s “Standard Plea Form” and submit it BEFORE the proceeding begins. Submission of this form can be made on the day of the proceeding.

Summary: Parties must fully complete and submit the Standard Plea Form before the plea proceeding begins, including day-of submission.

Document Type

Standard Plea Form

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The parties are to submit to the Court a copy of the proposed Plea or Cooperation Agreement at least two (2) business days prior to the scheduled proceeding. The agreement does not have to be fully executed/signed at this time, but it must be a final version.

Summary: Parties must submit a final proposed plea or cooperation agreement at least 2 business days before the plea proceeding.

Document Type

Proposed Plea Or Cooperation Agreement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Sentencing memoranda shall be filed as a “Sentencing Memorandum” and not as a “Letter”.

Summary: Sentencing memoranda must be filed using the Sentencing Memorandum filing type, not as a letter.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 17
|SecFiling of Sentencing Memoranda
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If a party chooses to proceed without filing a sentencing memorandum, a letter to the Court advising as such must be filed on said due date, in lieu of the memorandum.

Summary: A party that does not file a sentencing memorandum must file a letter on the same due date stating that it will proceed without one.

Document Type

Letter

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 17
|SecFiling of Sentencing Memoranda
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If the Government is requesting a downward departure pursuant to Section 5K1.1 of the U.S. Sentencing Guidelines, it shall be filed as a “Motion for Downward Departure”.

Summary: Government requests for a Section 5K1.1 downward departure must be filed as a Motion for Downward Departure.

Document Type

Motion For Downward Departure

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 17
|SecFiling of Sentencing Memoranda
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Once sentencing memoranda are filed, further sentencing submissions will not be accepted without prior, written, approval from the Court. Requests to file a supplemental sentencing memorandum shall be filed as a “Motion for Leave to File Document”. The supplemental memorandum is not permitted unless the Court informs the parties – typically by order or notice on ECF – that the motion has been granted.

Summary: Supplemental sentencing submissions require prior written court approval and must be requested through a Motion for Leave to File Document.

Document Type

Supplemental Sentencing Memorandum

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 17
|SecFiling of Sentencing Memoranda
Filing Requirements

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Letters shall include the case name and number, and shall not exceed four (4) pages.

Summary: Letters to the Court must include the case number information.

Document Type

Letter

Content & Formatting
Case Number
Filing Requirements

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If applicable, the opposing party shall state whether it seeks to file a cross-motion.

Summary: Where applicable, the opposing party must state in its response whether it seeks to file a cross-motion.

Document Type

Pre Motion Conference Response Letter

Specific requirements detailed in rule text.
Filing Requirements

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Any party filing exhibits to ECF must: (1) file each exhibit as a separate PDF file; and (2) clearly identify and describe each exhibit. (For example, “Exhibit A – Jane Smith Dep.”)

Summary: Exhibits filed on ECF must be clearly identified and described.

Document Type

Exhibits

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 3
|SecELECTRONIC CASE FILING (ECF)
Filing Requirements

Machine summary. Not checked yet.Important?

Motion paper captions must list all active plaintiffs and defendants.

Summary: Motion paper captions must identify all active plaintiffs and defendants.

Document Type

Motion Paper

Content & Formatting
Caption
JS-MLR · Jun 2025 · p. 6
|SecPage Limitations, Formatting, and Bundling
Filing Requirements

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all memoranda of ten (10) or more pages shall also contain a table of contents.

Summary: Memoranda that are 10 pages or longer must include a table of contents.

Document Type

Memorandum Of Law 10 Or More Pages

Content & Formatting
Table Of Contents
JS-MLR · Jun 2025 · p. 6
|SecPage Limitations, Formatting, and Bundling
Filing Requirements

Machine summary. Not checked yet.Important?

All memoranda must contain an index of cases;

Summary: Every memorandum must include an index of cases.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Authorities
JS-MLR · Jun 2025 · p. 6
|SecPage Limitations, Formatting, and Bundling
Filing Requirements

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All requests to file rebuttals, sur-replies, etc., and to exceed page limits must be made by letter motion; such requests are granted sparingly.

Summary: Requests for rebuttals, sur-replies, or exceeding page limits must be submitted by letter motion.

Document Type

Letter Motion

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 6
|SecPage Limitations, Formatting, and Bundling
Filing Requirements

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PARTIES ARE ON NOTICE: The Court may depart from these default deadlines and will notify counsel at a pretrial conference or via ECF notification of any such changes or modifications.

Summary: The Court may modify default civil jury-trial deadlines and will notify counsel of changes.

Document Type

Civil Jury Trial Pretrial Deadlines

Specific requirements detailed in rule text.
JS-MLR · Jun 2025 · p. 10
|SecVI.B. Default Deadlines and Filings Prior to Civil Jury Trials

Filing & Service rules

Courtesy Copy Requirements

ECF-filed documents longer than 10 pages require one courtesy copy to Chambers.

For all documents filed on ECF that are more than ten (10) pages, one courtesy copy of such document shall be sent to Chambers.

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Page 7 | COURTESY COPIES

Courtesy copies must be physically delivered, must be securely bound with tabbed exhibits, and may not be emailed as attachments.

Courtesy copies are to be hand delivered or sent via mail or delivery service to Chambers. Said copies are to be submitted: (1) as left-side, spiral-bound, stapled, or bindered (and not velo-bound); and (2) with exhibits organized and sequentially separated by tabs. Emailing courtesy copies as attachments is not an accepted method of delivery.

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Page 8 | COURTESY COPIES

Each party must provide courtesy copies of filed motion papers, including exhibits, using the filed ECF-header version.

each party shall provide the Court with courtesy copies of its filed motion papers. This encompasses all related materials, including exhibits. Courtesy copies are to be the filed version of the documents printed from ECF with the automatically generated ECF header.

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Page 8 | COURTESY COPIES

A courtesy copy is required for pretrial memoranda and must be delivered to Chambers.

A courtesy copy shall be delivered to Chambers. See Rule IV.

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Page 10 | VI.B.1.c. Pretrial Memoranda (a.k.a. Trial Briefs)

Filing Bundling Requirements

Motion papers must be bundled and filed only after full briefing, except where delay could forfeit a legal right.

No motion papers are to be filed until the motion has been fully briefed, unless doing so could result in a loss of a legal right.

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Page 6 | Page Limitations, Formatting, and Bundling

Motions in limine must be fully briefed and filed at least 14 days before trial.

Motions in Limine: All motions addressing any evidentiary or other issues that should be resolved in limine are to be fully briefed and filed at least fourteen (14) days prior to trial.

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Page 12 | Default Deadlines and Filings in Civil Non-Jury/Bench Trials - Fourteen Days Prior to Trials

Pre-Motion Conference Requirements

In civil cases, Rule 12 dismissal and Rule 56 summary-judgment motions require a pre-motion conference, and the Court may set briefing at that conference.

Pre-Motion Conference Requests in Civil Cases are required for dismissal motions pursuant Rule 12 of the Federal Rules of Civil Procedure and summary judgment motions pursuant to Rule 56 of the Federal Rules of Civil Procedure. If warranted, the Court will set a briefing schedule for proposed motion(s) at the pre-motion conference.

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Page 3 | MOTIONS

A pre-motion conference request must be made by a letter motion capped at four pages and must briefly state the basis for the anticipated motion.

To request a pre-motion conference, the moving party shall file a letter motion of no more than four (4) pages, briefly stating the basis for the anticipated underlying motion.

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Page 3 | MOTIONS

For proposed summary-judgment motions, the pre-motion response is due within twenty-one days and Local Civil Rule 56.1 compliance is required.

Responses to pre-motion conference requests regarding motions for summary judgment are to be filed no later than twenty-one (21) days after receipt of the movant’s pre-motion conference request. Adherence to Local Civil Rule 56.1 is required.

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Page 4 | MOTIONS

Filing a pre-motion request does not stay deadlines, except that a request tied to a proposed motion to dismiss stays the defendant’s time to answer or otherwise move.

The filing of a pre-motion conference request does not stay any future deadlines, except that such a motion concerning a proposed motion to dismiss will stay the defendant’s time to answer or otherwise move with respect to the Complaint.

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Page 4 | MOTIONS

A party seeking summary-judgment leave must file a Local Rule 56.1 statement together with the pre-motion conference request.

Along with the required pre-motion conference request, any party seeking leave to file a motion for summary judgment must also file a Local Rule 56.1 Statement.

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Page 4 | MOTIONS

Pre-motion conference requests must be filed before the dispositive-motion deadline set by the assigned Magistrate Judge.

The parties shall adhere to the deadlines set by the assigned Magistrate Judge and shall file pre-motion conference requests prior to the set deadline for filing dispositive motions.

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Page 4 | MOTIONS

The opposing party must serve a Rule 56.1(b) counterstatement within twenty-one days after receiving the movant’s Rule 56.1 statement.

Within twenty-one (21) days after receipt of the movant’s Rule 56.1 Statement, the party opposing the pre-motion conference request must serve the movant with a counterstatement pursuant to Local Rule 56.1(b).

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Page 4 | MOTIONS

For proposed motions to dismiss, the pre-motion response is due within seven days after receipt of the movant’s request.

Responses to pre-motion conference requests regarding proposed motions to dismiss are to be filed no later than seven (7) days after receipt of the movant’s pre-motion conference request.

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Page 4 | MOTIONS

The Court may treat pre-motion letters as the motion and opposition, hold a hearing, and deem unraised arguments waived.

PARTIES ARE ON NOTICE: In the Court’s discretion, in appropriate cases, the pre-motion conference request and response thereto may be construed as the proposed underlying motion and corresponding opposition. In such an instance, the parties will be notified, and the Court will set a hearing on the motion. Arguments not raised in the pre-motion conference request or during the subsequent hearing shall be deemed waived.

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Page 4 | MOTIONS

Pre-motion conference requests are not required for motions other than those specifically covered elsewhere.

For all other motions, pre-motion conference requests are not required.

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Page 5 | MOTIONS

Adjournment & Extension Requirements

Adjournment and extension requests must include prior dates, prior request history, reasons, adversary position, and effects on other deadlines with proposed new dates.

All adjournment and extension requests must state: a. The original scheduled Court date, due date or deadline; b. The number of previous requests for adjournments or extensions; c. Whether previous requests were granted or denied; d. The reason for the request; e. Whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent; and f. If the requested adjournment or extension affects any other scheduled date(s), the request must list the proposed change for such other date(s) and, if applicable, suggest dates on which all parties are available.

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Page 2 | I.F.2. Requests for Adjournments or Extensions of Time

Adjournment and extension requests must be made as soon as possible and at least two business days in advance unless there is an emergency.

All requests for adjournments of Court appearances and scheduled hearings or extensions of deadlines shall be made as soon as a party is aware of the need and, in any event, at least two (2) business days prior to the appearance, scheduled hearing, or deadline, absent an emergency.

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Page 2 | I.F.1. Requests for Adjournments or Extensions of Time

Extension requests for responsive pleadings must be directed to the assigned Magistrate Judge and filed on ECF.

Requests for extensions of time to file responsive pleadings shall be addressed to the assigned Magistrate Judge and shall be filed to ECF.

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Page 3 | COMMUNICATIONS WITH CHAMBERS

Any adjournment or extension of briefing deadlines requires court permission.

The parties may not change a briefing schedule, whether set by the Court or the Federal and/or Local Rules, without permission from the Court.

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Page 5 | MOTIONS

Adjournment and extension requests must be made as soon as the need is known and at least two business days in advance unless there is an emergency.

All requests for adjournments of court appearances or extensions of time to file documents shall be made as soon as a party is aware of the need and, in any event, at least two (2) business days prior to the scheduled appearance, due date, or deadline, absent an emergency.

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Page 13 | MOTIONS

Extension requests must be filed as a motion and include specified details such as prior requests, reasons, proposed dates, consent position, and impacts on other deadlines.

Requests for extensions of time to file documents shall be filed as a “Motion for Extension of Time to File”. The deadline to file the document(s) is not extended unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for extensions of time must state: i. The original scheduled due date or deadline; ii. The number of previous requests for extensions; iii. Whether previous requests were granted or denied; iv. The reason for the requested extension of time; v. Proposed date(s) for the Court’s consideration; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent. If the requested extension affects any other scheduled due dates or deadlines, the request must list the proposed changes for all such other dates.

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Page 13 | MOTIONS

Adjournment/continuance requests must be filed by motion and include required details including prior requests, reasons, available dates, adversary position, and (if applicable) speedy-trial waiver consent.

Requests for adjournments of court appearances shall be filed as a “Motion to Continue”. The scheduled appearance is not adjourned unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for adjournments of court appearances must state: i. The original scheduled Court date; ii. The number of previous requests for adjournments; iii. Whether previous requests were granted or denied; iv. The reason for the requested continuance of the court appearance; v. At least three (3) suggested dates on which all parties are available. NOTE: If the Court is unavailable during the dates/times proposed, it may reschedule the appearance to a date/time of its convenience; vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent; and vii. If applicable, whether the defendant consents to a Waiver of Speedy Trial for the time between the original scheduled Court date and the proposed date.

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Page 14 | MOTIONS

Extension requests for sentencing-memorandum deadlines must be filed by motion and include specified date, history, reason, proposed date, and consent information.

Requests for extensions of time to file sentencing memoranda shall be filed as a “Motion for Extension of Time to File”. The deadline to file is not extended unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for extensions of time must state: i. The original scheduled due date; ii. The number of previous requests for extensions; iii. Whether previous requests were granted or denied; iv. The reason for the requested extension of time; v. Proposed date(s) for the Court’s consideration; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent.

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Page 18 | Requests for Adjournments of Sentencings or Extensions of Time to File Sentencing Memoranda

Adjournment/continuance requests for sentencing must be filed by motion and include specified scheduling, history, reason, and consent details.

Requests for adjournments of sentencing shall be filed as a “Motion to Continue Sentencing”. Sentencing is not adjourned unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for adjournments of court appearances must state: i. The original scheduled Court date; ii. The number of previous requests for adjournments; iii. Whether previous requests were granted or denied; iv. The reason for the continuance of the court appearance; v. At least three (3) suggested dates on which all parties are available. If the requested adjournment affects the due dates for the filing of sentencing memoranda, the request must list the proposed changes for all such other dates. NOTE: If the Court is unavailable during the dates/times proposed, it may reschedule the sentencing proceeding to a date/time of its convenience; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent.

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Page 18 | Requests for Adjournments of Sentencings or Extensions of Time to File Sentencing Memoranda

Chambers Communication Rules

Phone calls to Chambers are allowed only for emergencies requiring immediate attention.

Telephone calls and emails to Chambers are permitted only in emergency situations requiring immediate attention.

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Page 1 | I.D. Telephone Calls and Emails

ECF questions must be directed to the Clerk’s Office by phone.

All questions regarding ECF are to be directed to the Clerk’s Office at (631) 712-6010.

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Page 3 | ELECTRONIC CASE FILING (ECF)

Chambers may not be contacted for ECF or docketing questions.

Do not contact Chambers with ECF or docketing questions.

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Page 3 | ELECTRONIC CASE FILING (ECF)

Communications with the Court must generally be made by ECF-filed letter with simultaneous service on all counsel.

Except as provided below, communications with the Court shall be by letter filed to ECF, with copies simultaneously served upon all counsel, via ECF notification or other means.

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Page 1 | I.B. Letters

Docketing and ECF-related questions must be directed to the Clerk’s Office by phone.

Questions regarding docketing, ECF filing, and ECF training are to be directed to the Clerk’s Office at (631) 712-6010.

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Page 2 | I.D.2. Docketing Matters

Fax communications require prior court permission.

Faxes are not permitted without prior permission from the Court.

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Page 2 | I.E. Faxes

Electronic copies must be sent to Chambers by email at Seybert_Chambers@nyed.uscourts.gov.

The parties must provide the Court with electronic copies of the documents in Word format (not PDF) via Chambers e-mail: Seybert_Chambers@nyed.uscourts.gov.

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Page 12 | Default Deadlines and Filings in Civil Non-Jury/Bench Trials - Twenty-One Days After the Conclusion of Trial

Urgent scheduling matters should be directed to the courtroom deputy, with email preferred.

For urgent scheduling and calendar matters, call or e-mail Doreen J. Flanagan, Courtroom Deputy, at (631) 712-5615 or at Doreen_Flanagan@nyed.uscourts.gov”. E-mail is preferred.

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Page 2 | I.D.1. Urgent Scheduling and Calendar Matters

About United States District Judge Joanna Seybert

**District Judge Joanna Seybert** was appointed to the Eastern District of New York by President William J. Clinton in 1993. Born in 1946 in Brooklyn, New York, Judge Seybert served as a Nassau County Court judge (1992–1993) and Nassau County District Court judge (1987–1991) before her federal appointment. Prior to the bench, she served as Bureau Chief of the Major Litigation Bureau in the Nassau County Attorney's Office (1980–1987), Senior Staff Attorney for the Legal Aid Society of Nassau County (1976–1979), and Senior Trial Attorney with Federal Defender Services in Brooklyn (1973–1975). She began her legal career as a trial attorney with the Legal Aid Society in New York City (1971–1973). **Education** - St. John's University School of Law, J.D., 1971 - University of Cincinnati, B.A., 1967 **Career** - U.S. District Judge, Eastern District of New York, 1993–present - Nassau County Court Judge, 1992–1993 - Nassau County District Court Judge, 1987–1991 - Bureau Chief, Major Litigation Bureau, Nassau County Attorney's Office, 1980–1987 - Senior Staff Attorney, Legal Aid Society of Nassau County, 1976–1979 - Senior Trial Attorney, Federal Defender Services, Brooklyn, 1973–1975 - Trial Attorney, Legal Aid Society, NYC, 1971–1973

**Courthouse:** 100 Federal Plaza, Central Islip, NY 11722 **Phone:** (631) 712-5610 **Chambers Staff** - Courtroom Deputy: (631) 712-5615

Common questions about Judge Joanna Seybert's rules

Are courtesy copies required for Judge Joanna Seybert?

Courtesy-copy rule applies when a filing is > 10 pages. Details: 1 copy, delivery upon filing. ECF-filed documents longer than 10 pages require one courtesy copy to Chambers.

View ruleSource: page 7, section COURTESY COPIES

Does Judge Joanna Seybert require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for rule 12 and rule 56. In civil cases, Rule 12 dismissal and Rule 56 summary-judgment motions require a pre-motion conference, and the Court may set briefing at that conference.

View ruleSource: page 3, section MOTIONS

What page or word limits apply to letter before Judge Joanna Seybert?

Judge Joanna Seybert's rule states these limits: 4 pages. Letters to the Court must be no longer than four pages.

View ruleSource: page 1, section I.B. Letters

What page or word limits apply to pre motion conference response letter before Judge Joanna Seybert?

Judge Joanna Seybert's rule states these limits: 4 pages. The opposing party’s pre-motion response letter is limited to four pages.

View ruleSource: page 3, section MOTIONS

What formatting rules apply to filings before Judge Joanna Seybert?

Judge Joanna Seybert's formatting rule includes text searchable. Every ECF filing must be text searchable.

View ruleSource: page 3, section ELECTRONIC CASE FILING (ECF)

What must be included with motion filings before Judge Joanna Seybert?

The rule identifies required filing content or certificates. Requests for court relief must be filed as motions rather than letters.

View ruleSource: page 1, section I.C. Requests for Court Action

What must be included with rule 56 1 statement filings before Judge Joanna Seybert?

The rule identifies required filing content or certificates. Rule 56.1 statements must present one factual assertion per numbered paragraph and include record citations for each assertion.

View ruleSource: page 4, section MOTIONS

How may parties contact Judge Joanna Seybert's chambers?

The rule addresses phone communications with Judge Joanna Seybert's chambers. Phone calls to Chambers are allowed only for emergencies requiring immediate attention.

View ruleSource: page 1, section I.D. Telephone Calls and Emails

How do I request an adjournment or extension before Judge Joanna Seybert?

Requests should be made at least 2 business days in advance when this rule applies before Judge Joanna Seybert. Adjournment and extension requests must be made as soon as possible and at least two business days in advance unless there is an emergency.

View ruleSource: page 2, section I.F.1. Requests for Adjournments or Extensions of Time

Does Judge Joanna Seybert require motion papers to be bundled?

Yes. Judge Joanna Seybert requires bundling for covered papers. Motion papers must be bundled and filed only after full briefing, except where delay could forfeit a legal right.

View ruleSource: page 6, section Page Limitations, Formatting, and Bundling
Complete rules summary for Judge Joanna Seybert

Letters to the Court must be no longer than four pages.

Letters to the Court must include the case number information.

Communications with the Court must generally be made by ECF-filed letter with simultaneous service on all counsel.

Requests for court relief must be filed as motions rather than letters.

Phone calls to Chambers are allowed only for emergencies requiring immediate attention.

Urgent scheduling matters should be directed to the courtroom deputy, with email preferred.

Docketing and ECF-related questions must be directed to the Clerk’s Office by phone.

Fax communications require prior court permission.

Adjournment and extension requests must be made as soon as possible and at least two business days in advance unless there is an emergency.

Adjournment and extension requests must include prior dates, prior request history, reasons, adversary position, and effects on other deadlines with proposed new dates.

Extension requests for responsive pleadings must be directed to the assigned Magistrate Judge and filed on ECF.

ECF questions must be directed to the Clerk’s Office by phone.

Chambers may not be contacted for ECF or docketing questions.

Every ECF filing must be text searchable.

Each exhibit filed on ECF must be uploaded as a separate PDF file.

Exhibits filed on ECF must be clearly identified and described.

In civil cases, Rule 12 dismissal and Rule 56 summary-judgment motions require a pre-motion conference, and the Court may set briefing at that conference.

A pre-motion conference request must be made by a letter motion capped at four pages and must briefly state the basis for the anticipated motion.

The opposing party’s pre-motion response letter is limited to four pages.

Where applicable, the opposing party must state in its response whether it seeks to file a cross-motion.

Filing a pre-motion request does not stay deadlines, except that a request tied to a proposed motion to dismiss stays the defendant’s time to answer or otherwise move.

Pre-motion conference requests must be filed before the dispositive-motion deadline set by the assigned Magistrate Judge.

The Court may treat pre-motion letters as the motion and opposition, hold a hearing, and deem unraised arguments waived.

For proposed motions to dismiss, the pre-motion response is due within seven days after receipt of the movant’s request.

For proposed summary-judgment motions, the pre-motion response is due within twenty-one days and Local Civil Rule 56.1 compliance is required.

A party seeking summary-judgment leave must file a Local Rule 56.1 statement together with the pre-motion conference request.

Rule 56.1 statements must present one factual assertion per numbered paragraph and include record citations for each assertion.

Requests for rebuttals, sur-replies, or exceeding page limits must be submitted by letter motion.

The opposing party must serve a Rule 56.1(b) counterstatement within twenty-one days after receiving the movant’s Rule 56.1 statement.

Pre-motion conference requests are not required for motions other than those specifically covered elsewhere.

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