Court Rules
Judge

Judge Kiyo A. Matsumoto

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of New York

Limits & Logistics

Document Limits

Pre Motion Letter
3 pgs
Pre Motion Response Letter
3 pgs
Memorandum Of Law Support Or Opposition
30 pgs
Reply Memorandum
10 pgs

Courtesy Copies

All filings

  • Upon Filing

Exhibits

  • 2 copies • At Least 10 Days Before Trial

Binding: Tabbed Three Ring

Joint Deposition Transcript

  • 1 copy • When Fully Briefed

Rule 56 Motions

  • 2 copies • Upon Filing
  • Upon Filing

Adjournments

  • Adjournment and extension request letters must be electronically filed under the Motions event, not as letters under Other Documents.
  • Adjournment/extension requests must include the original date, reason, requested extra time, and prior request history with outcomes.

Request must include

Original DateReason For RequestNumber Of Previous RequestsPrevious Requests Granted Or Denied
2Business Daysnotice
  • Adjournment and extension requests must be written, filed on ECF, and submitted at least two business days before the deadline or appearance.
5Business Daysnotice
  • Sentencing adjournment requests must be made in writing at least five business days before sentencing, with any government response due at least two business days before sentencing.
7Calendar Daysnotice
  • After oral argument is scheduled, adjournment requires consent of all parties and written notice to the Court at least one week in advance.
Adversary Position

Communication

Phone

Clerk

718-613-2290
Technical Issues
Phone

Clerk

718-613-2312
Scheduling
Phone

Clerk

718-613-2610
Phone

Chambers

718-613-2180
SchedulingEmergencies
Filters:AllMandatoryImportantFormattingMemorandaLettersJPTOExhibits56.1 StatementsECF FilingEvidence/Witnesses

Page & Word Limits4 rules

Page Limits

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All parties so served shall submit a response not to exceed three (3) pages within three business days.

Summary: Responses to pre-motion letters are capped at three pages.

Pre Motion Response Letter

3 pages

Page Limits

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To arrange a pre-motion conference, the moving party shall submit a letter not exceeding three (3) pages setting forth the basis for the motion and a proposed briefing schedule.

Summary: Pre-motion conference request letters are limited to three pages.

Pre Motion Letter

3 pages

Page Limits

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Reply memoranda are limited to 10 pages.

Reply Memorandum

10 pages

KAM-MLR · Nov 2025 · p. 7
|Sec2. Memoranda of law
Page Limits

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Unless prior permission has been granted, memoranda of law in support of and in opposition to motions on notice are limited to 30 pages (excluding tables of contents and authorities and exhibits).

Summary: Support and opposition memoranda on noticed motions are limited to 30 pages, excluding TOC, TOA, and exhibits.

Memorandum Of Law Support Or Opposition

30 pages

KAM-MLR · Nov 2025 · p. 7
|Sec2. Memoranda of law

Document Format Requirements4 rules

Formatting

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The respondent shall electronically file the State Court Record, with no individual attachment to the entry exceeding 5 megabytes.

Summary: In habeas cases, each State Court Record attachment filed electronically must be 5 megabytes or less.

Formatting

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All memoranda must use one-inch margins, double spacing, and 12-point font.

Summary: Memoranda must use one-inch margins, double spacing, and 12-point font.

Typography
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
KAM-MLR · Nov 2025 · p. 7
|Sec2. Memoranda of law
Formatting

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(3) All trial exhibits shall be individually paginated, meaning that each exhibit shall be numbered starting on the first page of the exhibit with the number one (“1”), and that each subsequent exhibit will also be numbered starting on the first page of the exhibit with the number one (“1”).

Summary: Each trial exhibit must be individually paginated, with each exhibit’s page numbering restarting at 1.

KAM-MLR · Nov 2025 · p. 11
|Seca) Format for Trial Exhibits
Formatting

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When feasible, in addition to a written version, these materials should be provided on a CD in Microsoft Word format.

Summary: When feasible, these trial-submission materials should also be provided on CD in Microsoft Word format.

Required Format

DOCX

KAM-MLR · Nov 2025 · p. 12
|SecPretrial Filings Before Trial

Document Filing Requirements46 rules

Filing Requirements

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If, for good cause, prior approval to file under seal has not been granted, each such submission shall be accompanied by an explanation of why sealing is necessary.

Summary: A sealed submission filed without prior approval must include an explanation of why sealing is necessary.

Document Type

Sealed Submission

Specific requirements detailed in rule text.
Filing Requirements

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A request for a conference with the Court shall be made by a letter setting forth the specific issues requiring judicial intervention.

Summary: Conference requests must be made by letter and must describe the specific issues needing court intervention.

Document Type

Conference Request Letter

Specific requirements detailed in rule text.
Filing Requirements

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All correspondence must include the (i) case name, (ii) docket number and (iii) initials of the judge(s) assigned to the case.

Summary: Correspondence to chambers must include case name, docket number, and assigned judge initials.

Document Type

Letter

Content & Formatting
Caption
Case Number
Judge Name
Filing Requirements

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If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

Summary: If an adjournment or extension impacts other dates, a proposed revised scheduling order must be attached.

Document Type

Adjournment Or Extension Request

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 4
|SecII.E. Requests for Adjournment or Extension of Time
Filing Requirements

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Request a pre-motion conference under the “Motion for a Pre-Motion Conference” event and not as a “Letter.”

Summary: Pre-motion conference requests must be filed under the designated ECF event, not as a generic letter.

Document Type

Pre Motion Conference Request

Specific requirements detailed in rule text.
Filing Requirements

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A moving party’s 56.1 Reply Statement must quote, verbatim, the opposing party’s 56.1 Counter Statement, including all citations. A moving party’s 56.1 Reply statement may only respond to the opposing party’s Counter Statement of additional material facts and must do so by stating the moving party’s response immediately beneath each statement of additional material fact. Reply statements may not introduce any new material facts.

Summary: A 56.1 Reply Statement must quote the counterstatement, respond only to additional material facts, and may not add new material facts.

Document Type

56.1 Reply Statement

Specific requirements detailed in rule text.
Filing Requirements

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A party’s 56.1 Counter Statement to a 56.1 Statement must quote, verbatim, the 56.1 Statement, including all citations, and respond to the moving party’s statements of fact immediately beneath each statement. If an opposing party chooses to include additional material facts alleged to be in dispute in their 56.1 Counter Statement, they must do so in a separately titled section, with each of the paragraph numbers consecutively following the response paragraphs.

Summary: A 56.1 Counter Statement must quote and respond paragraph-by-paragraph, and any additional disputed facts must appear in a separately titled consecutively numbered section.

Document Type

56.1 Counter Statement

Specific requirements detailed in rule text.
Filing Requirements

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No statement of fact should be included in a 56.1 Statement unless it can be established by direct admissible evidence.

Summary: Facts in a 56.1 Statement must be supported by direct admissible evidence.

Document Type

56.1 Statement

Specific requirements detailed in rule text.
Filing Requirements

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Each paragraph in a 56.1 Statement must contain an assertion of a material undisputed fact, not a description of evidence.

Summary: Each paragraph in a 56.1 Statement must state a material undisputed fact rather than describe evidence.

Document Type

56.1 Statement

Specific requirements detailed in rule text.
Filing Requirements

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Any motion to amend a pleading must attach as exhibits (1) a copy of the proposed amended pleading and (2) a version of the proposed amended pleading that shows—through redlining, underlining, strikeouts, or other similarly effective typographic methods—precisely how the proposed amended pleading differs from the operative pleading. If the Court grants the motion, the moving party must file and serve the amended pleading.

Summary: A motion to amend must include both a clean proposed amendment and a marked comparison version, and if granted the amended pleading must be filed and served.

Document Type

Motion To Amend Pleading

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 6
|Sec5. Amended Pleadings
Filing Requirements

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Accordingly, material facts in any pre-motion letter or memorandum of law in connection with a motion for summary judgment must cite to relevant paragraphs of 56.1 Statements.

Summary: Summary judgment pre-motion letters or memoranda must cite relevant 56.1 paragraph numbers for material facts.

Document Type

Pre Motion Letter

Specific requirements detailed in rule text.
Filing Requirements

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Supplements to a 56.1 statement are not permitted absent leave of the Court and a showing of good cause.

Summary: Supplemental 56.1 statements are barred unless the Court grants leave based on good cause.

Document Type

56.1 Statement

Specific requirements detailed in rule text.
Filing Requirements

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All parties moving for or opposing a motion for summary judgment shall confer and prepare a Joint Deposition Transcript Appendix that contains all excerpts of all deposition transcripts each party is relying upon in its respective submissions. The Joint Deposition Transcript Appendix shall be filed on ECF when the motion is fully briefed.

Summary: For summary judgment motions, parties must jointly prepare and file a Joint Deposition Transcript Appendix when fully briefed.

Document Type

Joint Deposition Transcript Appendix

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 7
|Sec3. Deposition Transcripts Used in Summary Judgment Motions
Filing Requirements

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A party seeking oral argument on a motion shall file a separate letter, titled “Request for Oral Argument,” at the time the fully- briefed motion is filed on ECF.

Summary: A party requesting oral argument must file a separate letter titled “Request for Oral Argument” when the motion becomes fully briefed on ECF.

Document Type

Request For Oral Argument Letter

Specific requirements detailed in rule text.
Filing Requirements

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Unless otherwise ordered by the Court, within 60 days from the date for the completion of discovery in a civil case, the parties shall submit to the Court for its approval a Joint Pretrial Order, which shall include the following:

Summary: Parties must submit a Joint Pretrial Order within 60 days after discovery completion in civil cases, unless the Court orders otherwise.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 9
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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1. Caption: 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
KAM-MLR · Nov 2025 · p. 9
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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9. Witnesses: A schedule by each party designating names and addresses of fact and expert witnesses whose testimony is to be offered in its case in chief, and possible witnesses whose testimony may be offered only for impeachment or rebuttal purposes, together with a brief narrative statement of the expected testimony of each listed witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and a lack of prejudice and good cause are shown.

Summary: The Joint Pretrial Order must include detailed witness schedules and expected testimony summaries, and generally limits trial testimony to listed witnesses absent prompt notice, no prejudice, and good cause.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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matter jurisdiction and a brief statement by each 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 each party’s subject matter jurisdiction statement with statutory citations and jurisdictional facts.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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4. Claims and Defenses: A brief summary by each party of the claims and defenses that the party has asserted which 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 which are not to be tried.

Summary: The Joint Pretrial Order must summarize each party’s remaining claims and defenses, include statutory citations, and identify claims/defenses no longer being tried.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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(1) All exhibits must be pre-marked for the trial, exchanged with the other parties, and provided to chambers at least 10 days before trial.

Summary: All trial exhibits must be pre-marked, exchanged, and delivered to chambers at least 10 days before trial.

Document Type

Exhibits

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 11
|Seca) Format for Trial Exhibits
Filing Requirements

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The parties will list and briefly describe in the pretrial order the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party. A party’s failure to object to an exhibit in the pretrial order waives all objections at trial, except objections as to relevance.

Summary: The pretrial order must include exhibit-admissibility objections, and failing to include an objection waives it at trial except relevance objections.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 11
|SecPretrial Order Exhibit Objections
Filing Requirements

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Only exhibits listed in the pretrial order shall be offered in evidence except when prompt notice has been provided, and good cause and a lack of prejudice are shown.

Summary: Only exhibits listed in the pretrial order may be offered unless prompt notice, good cause, and lack of prejudice are shown.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 11
|SecPretrial Order Exhibit Objections
Filing Requirements

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Unless otherwise ordered by the Court, each party shall file the following 15 days before trial: a) Proposed voir dire questions, proposed jury charges, and proposed verdict forms.

Summary: Each party must file proposed voir dire questions, jury charges, and verdict forms 15 days before trial unless otherwise ordered.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 12
|SecPretrial Filings Before Trial
Filing Requirements

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Unless otherwise ordered by the Court, each party shall file the following 45 days before trial: a) Motions addressing any evidentiary or other issues which should be resolved in limine;

Summary: Each party must file motions in limine at least 45 days before trial unless the court orders otherwise.

Document Type

Motion

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 12
|SecPretrial Filings Before Trial
Filing Requirements

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All pretrial filings in criminal cases shall be made in accordance with a Criminal Pretrial Scheduling Order issued by the Court.

Summary: All criminal pretrial filings must comply with the court-issued Criminal Pretrial Scheduling Order.

Document Type

Pretrial Filings

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 12
|SecV. CRIMINAL CASES - PRETRIAL PROCEDURES / B. Pretrial Filings in Criminal Cases
Filing Requirements

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A pretrial memorandum, unless otherwise ordered by the Court; and

Summary: Each party must file a pretrial memorandum unless the court orders otherwise.

Document Type

Pretrial Memorandum

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 12
|SecPretrial Filings Before Trial
Filing Requirements

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In non-jury cases, a statement of the elements of each claim or defense alleged by each respective party, together with a summary of the facts relied upon by that party to establish each element.

Summary: In non-jury cases, each party must submit a statement of claim/defense elements and supporting fact summaries.

Document Type

Non Jury Statement

Content & Formatting
Statement Of Facts
KAM-MLR · Nov 2025 · p. 12
|SecPretrial Filings Before Trial
Filing Requirements

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Unless otherwise ordered by the Court, each party shall file the following 7 days before trial: a) Any objections to the any other party’s proposed jury charges and verdict forms, including the legal basis and authority for the objections.

Summary: Objections to another party’s proposed jury charges and verdict forms must be filed 7 days before trial with legal basis and authority.

Document Type

Objections To Jury Charges And Verdict Forms

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 12
|SecPretrial Filings Before Trial
Filing Requirements

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In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than 10 days after the conclusion of trial or at such other time set by the Court. No responses to such submissions shall be permitted.

Summary: In non-jury trials, parties must file proposed findings of fact and conclusions of law within 10 days after trial unless the Court sets another time, and responses are not allowed.

Document Type

Proposed Findings Conclusions

Content & Formatting
Statement Of Facts
Legal Argument
KAM-MLR · Nov 2025 · p. 13
|SecVII. POST TRIAL PROCEDURES FOR CIVIL BENCH TRIALS
Filing Requirements

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Following such meeting, such party shall file a confirmation in writing via ECF that this meeting has occurred.

Summary: After the required equipment review meeting, the party must file written ECF confirmation that the meeting occurred.

Document Type

Ecf Confirmation

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 13
|SecA. Procedures at Trial
Filing Requirements

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No procedural history should be included in a 56.1 statement unless relevant to the motion (for example, if the motion raises a statute of limitations issue).

Summary: Procedural history is prohibited in 56.1 statements unless it is relevant to the motion.

Document Type

56.1 Statement

Specific requirements detailed in rule text.
Filing Requirements

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A filing party shall also file a cover letter specifying each document filed in the motion package.

Summary: A cover letter listing each filed motion-package document is required.

Document Type

Motion Package Cover Letter

Specific requirements detailed in rule text.
Filing Requirements

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All parties shall refer to the Joint Deposition Transcript Appendix numbers or letters when citing to any deposition transcript in their respective submissions. This includes any citations to deposition transcripts in a party’s Rule 56.1 Statement.

Summary: All deposition transcript citations, including Rule 56.1 citations, must use the joint appendix numbering/lettering.

Document Type

Summary Judgment Submissions

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 7
|Sec3(b). Deposition Transcripts Used in Summary Judgment Motions
Filing Requirements

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Memoranda of 10 pages or more shall contain a table of contents.

Summary: Memoranda at least 10 pages long must include a table of contents.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Contents
KAM-MLR · Nov 2025 · p. 7
|Sec2. Memoranda of law
Filing Requirements

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The Notice of Motion shall not contain a return date, but rather shall state that the return date will be set by the Court.

Summary: Notices of motion must omit a return date and state that the Court will set it.

Document Type

Notice Of Motion

Specific requirements detailed in rule text.
Filing Requirements

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Each deposition transcript included in the Joint Deposition Transcript Appendix shall include the cover page and appearances page and shall be individually marked with a number or letter, as jointly agreed upon by the parties.

Summary: Each deposition transcript in the joint appendix must include cover and appearances pages and be individually numbered or lettered.

Document Type

Deposition Transcript In Joint Appendix

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 7
|Sec3(a). Deposition Transcripts Used in Summary Judgment Motions
Filing Requirements

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All parties moving for or opposing motions for judgment on the pleadings in social security cases shall confer and prepare a stipulation of facts with a chronology of medical treatment, to be filed on ECF when the motion is fully briefed.

Summary: In social security judgment-on-the-pleadings motions, parties must jointly file a stipulation of facts with medical chronology when fully briefed.

Document Type

Stipulation Of Facts Social Security Motion

Content & Formatting
Statement Of Facts
KAM-MLR · Nov 2025 · p. 8
|Sec5. Stipulations of Fact for Social Security Motions
Filing Requirements

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Defendant’s sentencing memorandum, if any, is due two weeks prior to sentencing. The Government’s response, if any, is due one week prior to sentencing. If the defendant and the Government agree that the case presents no material factual or legal disputes, they may modify this schedule and shall advise the Court if they do so.

Summary: Default criminal sentencing briefing deadlines are two weeks for defendant memoranda and one week for government response, but parties may modify by agreement if no material disputes and must notify the Court.

Document Type

Sentencing Memorandum And Response

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 8
|SecD. Motions in Criminal Cases
Filing Requirements

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2. Parties and Counsel: The names, addresses (including firm names), telephone, and fax numbers of trial counsel.

Summary: The Joint Pretrial Order must list trial counsel names, firm/address information, telephone numbers, and fax numbers.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 9
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these individual practices, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.

Summary: A party may file within the federal deadline instead of delaying under individual practices, but must include an explanation of the basis for that conclusion.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

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8. Stipulations: Any stipulations or statements of fact or law which have been agreed to by all parties.

Summary: The Joint Pretrial Order must include any stipulations or agreed statements of fact or law.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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7. Consent to Magistrate Judge: A statement as to whether all parties have consented to trial of the case by a Magistrate Judge. The statement shall not identify which parties have or have not consented.

Summary: The Joint Pretrial Order must state whether all parties consent to magistrate judge trial, without identifying which parties did or did not consent.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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5. Damages and Relief: A brief statement of the categories, method of calculation, and amounts of damages claimed or other relief sought, and the opposing party’s position.

Summary: The Joint Pretrial Order must state damage categories, calculation methods, amounts sought, and the opposing party’s position.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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6. Jury or Bench Trial: A statement by each party as to whether the case is to be tried with or without a jury, proposed number of jurors, and the number of trial days needed.

Summary: The Joint Pretrial Order must state whether trial is jury or bench, the proposed number of jurors, and the estimated trial length in days.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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10. Deposition Testimony: A designation by each party and copies of deposition testimony to be offered in its case in chief, with any cross- designations and objections by any other party.

Summary: The Joint Pretrial Order must include each party’s deposition designations and copies, plus any cross-designations and objections.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
KAM-MLR · Nov 2025 · p. 10
|SecIV. CIVIL CASES - PRETRIAL PROCEDURES
Filing Requirements

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(2) Plaintiff’s exhibits shall contain the docket number and be identified by number, and defendant’s exhibits shall be identified by letter.

Summary: Plaintiff exhibits must include the docket number and be numbered, while defendant exhibits must be lettered.

Document Type

Exhibits

Content & Formatting
Case Number
KAM-MLR · Nov 2025 · p. 11
|Seca) Format for Trial Exhibits

Filing & Service rules

Courtesy Copy Requirements

Summary-judgment pre-motion conference requests require courtesy hard copies to chambers, and courtesy copies cannot be sent by email or hard drive.

As discussed further below, pre-motion conference requests for summary judgment must be filed not only electronically, but also by courtesy hard copy to Chambers. Any courtesy copies to Chambers must be sent via FedEx or messenger, not by email or hard drive to the Court.

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Page 1 | I.A.2

In habeas cases, the respondent must also provide chambers with a hard copy of the State Court Record.

The respondent shall also supply a hard copy of the State Court Record to chambers.

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Page 2 | I.F

Summary judgment pre-motion conference requests require two bound hard-copy courtesy sets, as-filed with CM/ECF stamp information, and email or hard-drive delivery is prohibited.

ATTENTION: As well as filing on ECF, parties requesting a pre-motion conference for a summary judgment motion must send two bound courtesy copies (hard copies only) of all pre motion conference papers and exhibits to Chambers, via FedEx or messenger. Courtesy copies must be as-filed and include the information stamped on each page of each filing by the Court’s CM/ECF system. Emailing Chambers or providing a hard drive of such courtesy copies is not acceptable.

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Page 6 | C. General Practices for Motions on Notice

One courtesy copy of the joint deposition transcript is required when summary judgment briefing is complete, and courtesy copies must be sent by FedEx or messenger (not email or hard drive).

One courtesy copy of the Joint Deposition Transcript shall be provided to chambers when the summary judgment motion has been fully briefed. Any courtesy copies to Chambers must be sent via FedEx or messenger, not by email or hard drive to the Court.

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Page 8 | 3(c). Deposition Transcripts Used in Summary Judgment Motions

In criminal motions, courtesy copies must be sent by FedEx or messenger (not email/hard drive) and must include CM/ECF file-stamp information on every page.

Any courtesy copies to Chambers must be sent via FedEx or messenger, not by email or hard drive to the Court. Courtesy copies must be as-filed and include the information stamped on each page of each filing by the Court’s CM/ECF system.

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Page 8 | D. Motions in Criminal Cases

Two tabbed binder courtesy copies of pre-marked, individually paginated exhibits should be sent to chambers at least 10 days before trial, and email is not acceptable.

(4) Two courtesy copies of pre-marked, individually paginated exhibits should be provided to chambers in binders with tabs reflecting each exhibit’s corresponding number or letter at least ten days before trial, as noted above. Email does not suffice. Courtesy copies should be sent via FedEx or messenger.

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Page 11 | a) Format for Trial Exhibits

Sealing & Redaction Procedures

When leave to seal is granted, the sealed written submission should still be filed on ECF.

Written submissions to be filed under seal, if the Court grants leave to do so, should also be filed on ECF.

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Page 2 | I.D

Filing Bundling Requirements

Motion papers must be bundled and filed only after full briefing, unless early filing is necessary to avoid losing an appellate or other right and notice is given.

No motion papers shall be filed via ECF until the motion has been fully briefed, except that upon notice to the Court and all parties, a party may file a motion before briefing is completed if waiting to file a fully briefed motion would result in the loss of an appellate or other right.

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Page 6 | C. General Practices for Motions on Notice

Motion papers must be filed once fully briefed, and represented parties must file for pro se opponents.

Each party shall be responsible for filing all of its own motion papers (via ECF) once the motion is fully briefed, unless a party is pro se, in which case the represented party shall file all motion papers.

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Page 7 | III. MOTIONS

Pre-Motion Conference Requirements

The moving party must submit a pre-motion letter (max three pages) stating the motion basis and proposed briefing schedule.

To arrange a pre-motion conference, the moving party shall submit a letter not exceeding three (3) pages setting forth the basis for the motion and a proposed briefing schedule.

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Page 4 | III.B.1

Responses to pre-motion letters are limited to three pages due within three business days, and replies are barred absent specific authorization.

All parties so served shall submit a response not to exceed three (3) pages within three business days. Replies are not permitted unless specifically authorized.

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Page 4 | III.B.1

A pre-motion conference is required before filing motions, except for listed habeas, default, social security, and bankruptcy matters.

A pre-motion conference with the Court is required before the filing of any motion with the exception of habeas corpus petitions, default motions, social security, and bankruptcy appeals.

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Page 4 | III.B. Civil Motions on Notice Require Pre-motion Conferences

Summary judgment pre-motion conference requests require a 56.1 statement (except pro se), with 15 business days for response, 10 business days for reply 56.1, and no reply letter.

Except for pro se parties, pre-motion conference requests regarding an intended motion for summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1, also known as the 56.1 Statement, 56.1 Counterstatement, and 56.1 Reply. Non-moving parties shall have fifteen (15) business days from service of a pre-motion letter and accompanying 56.1 statement to respond to each. Parties shall have ten (10) business days from receipt of an opposing 56.1 statement to file a reply 56.1 statement. No reply letter shall be permitted.

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Page 5 | III. MOTIONS

Parties must obtain Court approval of the briefing schedule before serving motion papers, either at a pre-motion conference or by subsequent ECF letter.

No changes in the approved schedule may be made without prior Court approval. Approval of the briefing schedule may be sought at the pre-motion conference or by subsequent letter filed by ECF. No party is to serve any motion papers prior to obtaining court approval for the schedule.

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Page 7 | III. MOTIONS

In pro se cases, the court may waive pre-motion conference requirements case-by-case, but default practice still requires using the standard pre-motion request procedure unless another exception applies.

In cases involving one or more pro se litigants, the Court may dispense with the requirement for a pre-motion conference on a case-by-case basis. Accordingly, unless the case fits into an exception noted supra, even in cases involving pro se litigants the parties shall follow the pre-motion conference request procedure outlined supra.

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Page 4 | III.B.3

In criminal cases, counsel must raise contemplated motions at a Court-scheduled status conference or as directed by pretrial order.

Counsel shall advise the Court of any contemplated motions at a status conference scheduled by the Court or in accordance with the Court’s pretrial order.

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Page 8 | D. Motions in Criminal Cases

Adjournment & Extension Requirements

Adjournment and extension request letters must be electronically filed under the Motions event, not as letters under Other Documents.

Any letters to Judge Matsumoto requesting court intervention, including those requesting an adjournment or extension of deadlines, must be electronically filed under “Motions” and not as a “Letter” under “Other Documents.”

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Page 2 | I.C

Adjournment/extension requests must include the original date, reason, requested extra time, and prior request history with outcomes.

and must state (1) the original date; (2) the reason for the request; (3) how much additional time is needed; (4) the number of previous requests for adjournment or extension by either party and whether these previous requests were granted or denied;

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Page 3 | II.E. Requests for Adjournment or Extension of Time

Adjournment and extension requests must be written, filed on ECF, and submitted at least two business days before the deadline or appearance.

All requests for adjournments of conferences or extensions of time must be made in writing, at least two business days in advance of the deadline or scheduled appearance and must be filed by ECF,

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Page 3 | II.E. Requests for Adjournment or Extension of Time

Sentencing adjournment requests must be made in writing at least five business days before sentencing, with any government response due at least two business days before sentencing.

Applications regarding sentencing adjournments shall be made in writing by defense counsel at least five business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two business days before the date of sentencing.

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Page 8 | D. Motions in Criminal Cases

After oral argument is scheduled, adjournment requires consent of all parties and written notice to the Court at least one week in advance.

Once scheduled, oral argument may be adjourned with the consent of all parties, provided that the Court is notified in writing no later than one week prior to the scheduled argument.

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Page 9 | III. MOTIONS

Chambers Communication Rules

Parties may not file documents by emailing chambers or courtroom staff, except in sealed cases.

Except in sealed cases, parties may not file documents by emailing them to the Courtroom Deputy or other Chambers or Court staff.

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Page 1 | I.A.1

In criminal cases, Assistant U.S. Attorneys must call chambers at 718-613-2180 when a new case is assigned so an initial pretrial conference can be scheduled.

Assistant United States Attorneys are responsible for informing chambers by calling the Case Manager Sandra Williams-Jackson at 718-613-2180 when a new case has been assigned to Judge Matsumoto. Upon such notification, an initial pretrial conference will be scheduled.

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Page 12 | V. CRIMINAL CASES - PRETRIAL PROCEDURES / A. Pretrial Conference in Criminal Cases

Communications with chambers must generally be submitted as ECF-filed letters with simultaneous service on all counsel.

Except as provided below, communications with chambers shall be by letter filed on ECF, with copies simultaneously delivered to all counsel.

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Page 3 | II. COMMUNICATIONS WITH CHAMBERS

Fax submissions to chambers are prohibited unless prior authorization is obtained, subject to listed exceptions.

With the exception of submissions related to guilty pleas, sentencings, or sealed/ex parte matters and requests, parties are not permitted to fax submissions without prior authorization.

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Page 3 | II.B. Faxes

Telephone calls to chambers are allowed only for emergencies requiring immediate attention (subject to Paragraph D).

Except as set forth below in Paragraph (D), telephone calls to chambers are permitted only in emergency situations requiring immediate attention.

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Page 3 | II.C. Telephone Calls

Technical assistance should be requested by phone at 718-613-2290.

For technical assistance, call 718-613-2290.

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Page 1 | I.A

ECF training scheduling is handled by phone at 718-613-2312.

ECF training may be scheduled by calling 718-613-2312.

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Page 1 | I.A

ECF questions should be directed by phone to the Court’s Docket Section at 718-613-2610.

For questions regarding ECF, you may call the Court’s Docket Section at 718-613-2610.

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Page 1 | I.A

Junior Lawyer Participation Incentives

When a lawyer with six or fewer years of experience argues a motion, the Court may allow more experienced counsel to assist during oral argument.

If a lawyer with six or fewer years of experience will be arguing a motion, the Court will consider permitting more experienced counsel of record the ability to provide assistance, where appropriate, during oral argument.

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Page 9 | III. MOTIONS

The Court encourages lead counsel to allow lawyers with six or fewer years of experience to examine witnesses and present argument.

The Court strongly encourages lead counsel to permit lawyers with six or fewer years of experience to examine witnesses at trial and to present argument to the Court.

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Page 9 | III. MOTIONS

About United States District Judge Kiyo A. Matsumoto

**District Judge Kiyo A. Matsumoto** was appointed to the Eastern District of New York by President George W. Bush in 2008. Born in 1955 in Raleigh, North Carolina, Judge Matsumoto served as a U.S. Magistrate Judge in the Eastern District of New York from 2004 to 2008. Before that she served as an Assistant U.S. Attorney in the Eastern District of New York from 1983 to 2004. She also served as an adjunct law professor at NYU School of Law from 1998 to 2004. She began her legal career in private practice in Seattle, Washington (1981–1983). **Education** - Georgetown University Law Center, J.D., 1981 - University of California at Berkeley, B.A., 1976 **Career** - U.S. District Judge, Eastern District of New York, 2008–present - U.S. Magistrate Judge, Eastern District of New York, 2004–2008 - Adjunct Professor, NYU School of Law, 1998–2004 - Assistant U.S. Attorney, EDNY, 1983–2004 - Private practice, Seattle, WA, 1981–1983

**Courthouse:** 225 Cadman Plaza East, Brooklyn, NY 11201 / 100 Federal Plaza, Central Islip, NY 11722 **Phone:** (718) 613-2180 **Chambers Staff** - Contact details available in Judge's Individual Practices and Rules

Common questions about Judge Kiyo A. Matsumoto's rules

Are courtesy copies required for Judge Kiyo A. Matsumoto?

Courtesy-copy rule applies for rule 56. Details: delivery upon filing. Summary-judgment pre-motion conference requests require courtesy hard copies to chambers, and courtesy copies cannot be sent by email or hard drive.

View ruleSource: page 1, section I.A.2

Does Judge Kiyo A. Matsumoto require a pre-motion conference or letter before filing a motion?

Judge Kiyo A. Matsumoto's rules set a pre-motion procedure for covered motions. A pre-motion conference is required before filing motions, except for listed habeas, default, social security, and bankruptcy matters.

View ruleSource: page 4, section III.B. Civil Motions on Notice Require Pre-motion Conferences

What page or word limits apply to pre motion letter before Judge Kiyo A. Matsumoto?

Judge Kiyo A. Matsumoto's rule states these limits: 3 pages. Pre-motion conference request letters are limited to three pages.

View ruleSource: page 4, section III.B.1

What page or word limits apply to pre motion response letter before Judge Kiyo A. Matsumoto?

Judge Kiyo A. Matsumoto's rule states these limits: 3 pages. Responses to pre-motion letters are capped at three pages.

View ruleSource: page 4, section III.B.1

What formatting rules apply to filings before Judge Kiyo A. Matsumoto?

Judge Kiyo A. Matsumoto's formatting rule includes 12 point type, double spacing and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. Memoranda must use one-inch margins, double spacing, and 12-point font.

View ruleSource: page 7, section 2. Memoranda of law

What must be included with sealed submission filings before Judge Kiyo A. Matsumoto?

The rule identifies required filing content or certificates. A sealed submission filed without prior approval must include an explanation of why sealing is necessary.

View ruleSource: page 2, section I.D

What must be included with letter filings before Judge Kiyo A. Matsumoto?

The rule requires caption, judge name, and case number. Correspondence to chambers must include case name, docket number, and assigned judge initials.

View ruleSource: page 3, section II.A. Letters

How may parties contact Judge Kiyo A. Matsumoto's chambers?

The rule addresses email communications with Judge Kiyo A. Matsumoto's chambers. Parties may not file documents by emailing chambers or courtroom staff, except in sealed cases.

View ruleSource: page 1, section I.A.1

How does Judge Kiyo A. Matsumoto handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Kiyo A. Matsumoto. When leave to seal is granted, the sealed written submission should still be filed on ECF.

View ruleSource: page 2, section I.D

How do I request an adjournment or extension before Judge Kiyo A. Matsumoto?

Advance notice is not fully stated in the structured details. Adjournment and extension request letters must be electronically filed under the Motions event, not as letters under Other Documents.

View ruleSource: page 2, section I.C

Does Judge Kiyo A. Matsumoto require motion papers to be bundled?

Yes. Judge Kiyo A. Matsumoto requires bundling for covered papers. Motion papers must be bundled and filed only after full briefing, unless early filing is necessary to avoid losing an appellate or other right and notice is given.

View ruleSource: page 6, section C. General Practices for Motions on Notice

Does Judge Kiyo A. Matsumoto encourage junior lawyer participation?

Yes. Judge Kiyo A. Matsumoto's rules include a junior lawyer participation incentive. The Court encourages lead counsel to allow lawyers with six or fewer years of experience to examine witnesses and present argument.

View ruleSource: page 9, section III. MOTIONS
Complete rules summary for Judge Kiyo A. Matsumoto

Technical assistance should be requested by phone at 718-613-2290.

ECF training scheduling is handled by phone at 718-613-2312.

Parties may not file documents by emailing chambers or courtroom staff, except in sealed cases.

Summary-judgment pre-motion conference requests require courtesy hard copies to chambers, and courtesy copies cannot be sent by email or hard drive.

ECF questions should be directed by phone to the Court’s Docket Section at 718-613-2610.

Adjournment and extension request letters must be electronically filed under the Motions event, not as letters under Other Documents.

When leave to seal is granted, the sealed written submission should still be filed on ECF.

A sealed submission filed without prior approval must include an explanation of why sealing is necessary.

In habeas cases, each State Court Record attachment filed electronically must be 5 megabytes or less.

In habeas cases, the respondent must also provide chambers with a hard copy of the State Court Record.

Communications with chambers must generally be submitted as ECF-filed letters with simultaneous service on all counsel.

Correspondence to chambers must include case name, docket number, and assigned judge initials.

Conference requests must be made by letter and must describe the specific issues needing court intervention.

Fax submissions to chambers are prohibited unless prior authorization is obtained, subject to listed exceptions.

Telephone calls to chambers are allowed only for emergencies requiring immediate attention (subject to Paragraph D).

Adjournment and extension requests must be written, filed on ECF, and submitted at least two business days before the deadline or appearance.

Adjournment/extension requests must include the original date, reason, requested extra time, and prior request history with outcomes.

If an adjournment or extension impacts other dates, a proposed revised scheduling order must be attached.

A pre-motion conference is required before filing motions, except for listed habeas, default, social security, and bankruptcy matters.

The moving party must submit a pre-motion letter (max three pages) stating the motion basis and proposed briefing schedule.

Pre-motion conference request letters are limited to three pages.

Responses to pre-motion letters are limited to three pages due within three business days, and replies are barred absent specific authorization.

Responses to pre-motion letters are capped at three pages.

Pre-motion conference requests must be filed under the designated ECF event, not as a generic letter.

In pro se cases, the court may waive pre-motion conference requirements case-by-case, but default practice still requires using the standard pre-motion request procedure unless another exception applies.

Summary judgment pre-motion conference requests require a 56.1 statement (except pro se), with 15 business days for response, 10 business days for reply 56.1, and no reply letter.

Summary judgment pre-motion conference requests require two bound hard-copy courtesy sets, as-filed with CM/ECF stamp information, and email or hard-drive delivery is prohibited.

A 56.1 Counter Statement must quote and respond paragraph-by-paragraph, and any additional disputed facts must appear in a separately titled consecutively numbered section.

A 56.1 Reply Statement must quote the counterstatement, respond only to additional material facts, and may not add new material facts.

Each paragraph in a 56.1 Statement must state a material undisputed fact rather than describe evidence.

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