Judge Margo K. Brodie
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
- When Fully Briefed
Binding: Spiral
Adjournments
- Adjournment requests must be in writing with specific elements and made at least 48 hours in advance unless an emergency.
Communication
Phone
Chambers
Letter via fax
Chambers
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of or in opposition to motions are limited to 25 pages, double spaced, and reply memoranda are limited to 10 pages, double spaced.
Summary: Opening briefs limited to 25 pages; reply briefs limited to 10 pages; both double-spaced.
25 pages
Reply
10 pages
Document Format Requirements3 rules
Machine summary. Not checked yet.Mandatory?
Parties should use Times New Roman 12-point font and one-inch margins.
Summary: Briefs must use Times New Roman 12-point font with one-inch margins.
Machine summary. Not checked yet.Mandatory?
All exhibits must be premarked for the trial and exchanged with the other parties at least ten days before trial. Where exhibits are voluminous, they should be placed in binders with tabs.
Summary: Exhibits must be premarked and exchanged 10 days before trial; voluminous exhibits require binders with tabs.
Machine summary. Not checked yet.Important?
Proposed orders, jury instructions, and other such writings a party wishes the Court to adopt should be submitted to chambers in Microsoft Word format as well as filed on ECF in PDF format. However, parties need not submit word-processing files of stipulations of dismissal or settlement unless specifically requested to do so. Counsel may send the files to Brodie_Chambers@nyed.uscourts.gov.
Summary: Proposed orders and jury instructions must be submitted to chambers in Microsoft Word format.
DOCX
Document Filing Requirements1 rule
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the court, requests to charge and proposed voir dire questions in jury cases should be submitted three weeks before trial. General instructions will be prepared by the court. Word-processing files of proposed charges should be submitted to chambers pursuant to Section 1.E of this document.
Summary: Jury charge requests and voir dire questions must be submitted 3 weeks before trial; word-processing files go to chambers.
Document Type
Jury Instructions
Filing & Service rules
Courtesy Copy Requirements
When motion is fully briefed, moving party must provide courtesy copies to chambers.
On the day the motion is fully briefed, each party shall electronically file its moving papers. In addition, the moving party (unless pro se) shall furnish chambers with a full set of courtesy copies of the motion papers, together with a letter specifying each document in the package.
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Page 4 | D. Filing of Motion Papers
Courtesy copies must be delivered to chambers when requested, with double-sided printing and spiral binding preferred.
Courtesy copies shall be sent to Chambers on request only. If requested by the Court, parties shall deliver to chambers a courtesy copy of all written submissions filed on ECF, inclusive of any exhibits or attachments. Parties are encouraged to use double-sided printing for their courtesy copies, and to spiral-bind larger documents or packets on the left side. Preferably, the courtesy copies will be reproductions of the document as filed on ECF, with the ECF numbering appearing at the top of the page. If not, the courtesy copy should be prominently labeled "Courtesy Copy - Original was electronically filed and assigned document number X."
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Page 2 | Case Filings
Sealing & Redaction Procedures
Sealed submissions must be filed on ECF with explanation unless prior approval granted.
Written submissions to be filed under seal should also be filed on ECF in accordance with the instructions for e-filing sealed documents on the Eastern District's website at https://www.nyed.uscourts.gov/sites/default/files/uploads/efilingsealedcv.pdf. Unless prior approval to file under seal has already been granted, each submission shall be accompanied by an explanation of why sealing is necessary.
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Page 1 | Filing Under Seal
Filing Bundling Requirements
Parties should bundle motion papers and file only when fully briefed.
As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed.
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Page 4 | D. Filing of Motion Papers
Pre-Motion Conference Requirements
Pre-motion conference required for Rule 12, Rule 56, venue change, and Rule 15 motions (except habeas, prisoner, Social Security, and bankruptcy appeals).
For motions other than discovery motions, in all cases in which the proposed movant is represented by counsel, except habeas corpus/prisoner petitions and Social Security and bankruptcy appeals, a pre-motion conference with the court must be requested before making: i. Any motion pursuant to Fed. R. Civ. P. 12 or 56; ii. Any motion for a change of venue; or iii. Any motion to amend a pleading pursuant to Fed. R. Civ. P. 15 where leave of court is required.
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Page 3 | A. Pre-Motion Conference Requests in Civil Cases
Pre-motion conference letters are limited to 3 pages.
To request a pre-motion conference, the moving party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion.
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Page 3 | A. Pre-Motion Conference Requests in Civil Cases
Response to pre-motion conference letter is optional, limited to 3 pages, due within 7 days.
All parties served may, but are not required to, serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.
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Page 3 | A. Pre-Motion Conference Requests in Civil Cases
Pre-motion conference letters are not required for Rule 50, 59, and 60 motions.
Note that these provisions do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60
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Page 4 | B. Memoranda of Law
Adjournment & Extension Requirements
Adjournment requests must be in writing with specific elements and made at least 48 hours in advance unless an emergency.
All requests for adjournments or enlargement of time must be in writing and state: i. The original date; ii. The number of previous requests for adjournment or enlargement; iii. Whether these previous requests were granted or denied; and iv. Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or enlargement of time affects any other scheduled dates, proposed revised dates must be provided. Absent an emergency, all requests for adjournment or enlargement of time shall be made at least 48 hours prior to the scheduled deadline or appearance.
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Page 2 | Requests for Adjournments or Enlargement of Time
Chambers Communication Rules
All communications with chambers must be in writing and filed on ECF.
All communications with chambers shall be in writing and filed on ECF, with copies simultaneously delivered to all parties who do not receive automatic notification through ECF. Copies of correspondence between counsel shall not be sent to the Court.
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Page 2 | Written Communications with Chambers
Fax communication with chambers requires prior authorization.
Faxes to chambers are permitted only if prior authorization is obtained.
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Page 3 | C. Faxes
Word-processing files of proposed jury charges should be submitted to chambers.
Unless otherwise ordered by the court, requests to charge and proposed voir dire questions in jury cases should be submitted three weeks before trial. General instructions will be prepared by the court. Word-processing files of proposed charges should be submitted to chambers pursuant to Section 1.E of this document.
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Notify chambers by telephone after ECF filing for submissions requiring immediate attention.
As a general matter, materials filed via ECF are reviewed by chambers the first business day after submission. If your submission requires immediate attention, please notify chambers by telephone after you file via ECF.
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Page 1 | Court's Review of ECF Submissions