Judge Nicholas G. Garaufis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Hand Delivery • When Fully Briefed
Courtesy copies
Motion, Letter, Stipulation
Adjournments
- Adjournment/extension requests must be filed on ECF and include 6 specific elements including original date, previous requests, adversary consent, and proposed rescheduled date.
Request must include
- Adjournment and extension requests must be made at least 48 hours in advance unless emergency, with explanation required for late requests.
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Letter via fax
Chambers
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages and reply memoranda are limited to 10 pages—not including appendices or attachments.
Summary: Memoranda supporting/opposing motions limited to 25 pages; replies limited to 10 pages (excluding appendices/attachments).
Brief
25 pages
Opposition
25 pages
Reply
10 pages
Machine summary. Not checked yet.Mandatory?
No brief shall exceed 5 pages.
Summary: Briefs for motions for reconsideration may not exceed 5 pages.
Brief
5 pages
Document Format Requirements6 rules
Machine summary. Not checked yet.Mandatory?
No letter briefs shall be permitted.
Summary: Letter briefs are not permitted.
Machine summary. Not checked yet.Mandatory?
Memoranda must use Times New Roman 12-point font and must be double-spaced with one-inch margins.
Summary: Memoranda must use Times New Roman 12-point font, double-spaced, with one-inch margins.
Machine summary. Not checked yet.Important?
All electronically filed documents should be text-searchable.
Summary: Electronically filed documents must be text-searchable.
Machine summary. Not checked yet.Important?
Parties' non-text exhibits that are impractical to file electronically should, if possible, be submitted as an electronic version on a compact disc to the Clerk's Office (labeled "Original") and to Chambers (labeled "Courtesy Copy").
Summary: Non-text exhibits impractical to file electronically should be submitted on CD to Clerk's Office and Chambers.
Machine summary. Not checked yet.Important?
All exhibits should be properly tabbed. Exhibits totaling more than 50 pages that accompany legal memoranda should not be bound to the brief.
Summary: Exhibits must be tabbed; exhibits over 50 pages should not be bound to the brief.
Machine summary. Not checked yet.Important?
Hard copies must be securely bound along the left-hand margin using a method that permits the papers to lie flat when opened.
Summary: Courtesy copies must be securely bound along the left margin to lie flat when opened.
Document Filing Requirements4 rules
Machine summary. Not checked yet.Mandatory?
The moving party shall comply with the filing requirements as set forth in Fed. R. Civ. P. 60 and must include with the motion a mutually agreed-upon date on which the non-movant's response shall be filed.
Summary: Motions for reconsideration must include a mutually agreed-upon date for non-movant's response.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
All memoranda must have the date of service plainly visible on the front cover.
Summary: All memoranda must display the date of service on the front cover.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Memoranda of 10 pages or more shall contain both a table of contents and a table of authorities.
Summary: Memoranda of 10+ pages must include table of contents and table of authorities.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Parties shall submit a hard copy of such materials and a compact disc or USB flash drive in Microsoft Word format no later than 20 days before commencement of jury selection.
Summary: Proposed voir dire, jury instructions, and verdict sheet must be submitted as hard copy plus CD/USB in Word format 20 days before jury selection.
Document Type
Jury Instructions
Filing & Service rules
Courtesy Copy Requirements
Hard courtesy copies required for motions, letters, and stipulations, with exemptions for pleadings, magistrate-directed filings, papers under 15 pages, and pro se parties.
Hard copies of all papers filed electronically, including motions, letters, and stipulations, must be provided to Chambers, except as provided below. All such papers must be clearly marked "Courtesy Copy," "Original Filed by ECF," and "Assigned Docket Number ____." Parties need not submit hard copies of the following filings: a. Pleadings as defined by Fed. R. Civ. P. 7(a); b. Motions, letters, or other filings directed to the magistrate judge assigned to the matter; and c. Any papers that are fewer than 15 pages in length (including exhibits).
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Page 1 | I. ELECTRONIC CASE FILING (ECF), F. Courtesy Copies
Adversary must provide movant with courtesy copy of opposition papers for inclusion in Chambers submission.
The adversary is responsible for providing the movant with a courtesy copy of its opposition papers for inclusion in the submission to Chambers.
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Page 5 | IV. CIVIL MOTIONS - B. Filing of Motion Papers
In criminal cases, movant must send courtesy copy of motion papers to court once fully briefed.
As provided in Rule IV(B)(2), the movant shall send a courtesy copy of the motion papers to the court once the motion has been fully briefed.
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Page 6 | V. CRIMINAL MOTIONS - B. Filing of Motion Papers
Sealing & Redaction Procedures
Sealed documents must be submitted in hard copy unless leave granted to file on ECF.
Sealed documents or documents containing sealed/sensitive information must be submitted in hard copy and labeled "File Under Seal," unless the parties have already sought and received leave of court to file sealed papers on ECF.
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Page 1 | I. ELECTRONIC CASE FILING (ECF), E
Filing Bundling Requirements
Moving party must file full set of papers on ECF and provide courtesy copies to Chambers once motion is fully briefed.
Once the motion is fully briefed, the original moving party shall be responsible for filing the full set of papers on ECF and, as necessary, providing Chambers with a full set of courtesy copies of the motion papers together with a cover letter specifying each document in the package.
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Page 5 | IV. CIVIL MOTIONS - B. Filing of Motion Papers
Motion papers shall not be filed until fully briefed (bundling rule); notice and supporting papers served on other parties.
Except as provided in Rule IV(B)(4) below, no motion papers shall be filed until the motion has been fully briefed. The notice of motion and all supporting papers are to be served on the other parties in accordance with
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Pre-Motion Conference Requirements
Parties may not serve motion papers before obtaining court approval for the briefing schedule.
No party is to serve any motion papers prior to obtaining court approval for the schedule.
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Page 5 | IV. CIVIL MOTIONS - B. Filing of Motion Papers
Pre-motion conference required for dispositive motions (except default judgment), change of venue, and FRCP 15 motions to amend.
Except as provided in Rule IV(A)(5) below, for any dispositive motion (except a motion for default judgment), motion for a change of venue, or motion to amend a pleading pursuant to Fed. R. Civ. P. 15 (where leave of court is needed), a pre-motion conference is required.
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Movant must write requesting pre-motion conference with brief description; opposing party may file letter; submissions due 2 business days before conference.
The movant shall write to the court requesting such conference, with a brief description of the grounds for such motion. Opposition to requests for a pre-motion conference will not be considered; however, the party that will oppose the contemplated motion may file a brief letter setting forth its position on the issues identified in the movant's submission. All parties must file their submissions at least two business days before the pre-motion conference.
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Motions for reconsideration are exempt from Rules IV(A) and IV(B).
Motions for reconsideration are exempt from Rules IV(A) and (B).
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Page 5 | IV. CIVIL MOTIONS - E. Motions for Reconsideration
Pre-motion conference not required for post-trial motions, remand, reconsideration, habeas/prisoner petitions, social security appeals, bankruptcy appeals, or R&R objections.
No pre-motion conference shall be required for post-trial motions, motions to remand, motions for reconsideration, pro se habeas corpus/prisoner petitions, social security appeals, bankruptcy appeals, or objections to Reports and Recommendations.
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Adjournment & Extension Requirements
Adjournment/extension requests must be filed on ECF and include 6 specific elements including original date, previous requests, adversary consent, and proposed rescheduled date.
All requests for adjournments or extensions of time must be filed on ECF, and must state: 1. The original date; 2. The number of previous requests for adjournment or extension; 3. Whether these previous requests were granted or denied; 4. Whether the adversary consents, and, if not, the reason given by the adversary for refusing to consent; 5. The proposed rescheduled date, if pertaining to a request for extension; and 6. Whether the adjournment or extension affects any other scheduled dates. If so, the party must provide a proposed Revised Scheduling Order.
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Adjournment and extension requests must be made at least 48 hours in advance unless emergency, with explanation required for late requests.
Requests for adjournment of a court appearance must, absent an emergency, be made at least 48 hours prior to the scheduled appearance. Requests for extension of a deadline must, if possible, be made at least 48 hours prior to the scheduled deadline. All requests for adjournments or extensions made within 48 hours of the scheduled appearance or deadline must explain why the party was unable to make the request earlier.
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Chambers Communication Rules
Faxes permitted only for time-sensitive requests; max 10 pages without authorization; do not follow with hard copy.
Faxes to Chambers are permitted only for time-sensitive requests. Copies must also be faxed or delivered to all counsel. Parties submitting a fax must still file the document electronically, subject to the exemptions set forth in Rule I. No document longer than 10 pages may be faxed without prior authorization. Do not follow with hard copy.
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Page 2 | II. COMMUNICATIONS WITH CHAMBERS, C. Faxes
Time-sensitive requests should be sent via fax and filed on ECF.
Letters for extensions of time and other administrative requests that require immediate attention should be sent to Chambers via fax and filed on ECF.
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Page 2 | II. COMMUNICATIONS WITH CHAMBERS, A. Letters
Telephone calls to Chambers permitted only for situations requiring immediate attention.
Except as provided in Rule II(D) below, telephone calls to Chambers are permitted only in situations requiring immediate attention. In such situations only, call Chambers at the number listed above.
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Page 2 | II. COMMUNICATIONS WITH CHAMBERS, B. Telephone Calls
Contact Courtroom Deputy Joseph Reccoppa for docketing, scheduling, and calendar matters.
For docketing, scheduling, and calendar matters, call or email Courtroom Deputy Joseph Reccoppa at (718) 613-2545; joseph_reccoppa@nyed.uscourts.gov.
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Page 2 | II. COMMUNICATIONS WITH CHAMBERS, D. Docketing, Scheduling, and Calendar Matters
Standard communication with Chambers is by letter filed electronically with copies to all counsel.
Except as provided below, communication with Chambers shall be by letter (filed electronically), with copies simultaneously delivered to all counsel.
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Page 2 | II. COMMUNICATIONS WITH CHAMBERS, A. Letters
Oral argument may be requested by letter when moving or opposing papers are filed.
Parties may request oral argument by letter at the time their moving or opposing papers are filed.
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Junior Lawyer Participation Incentives
Court encourages junior lawyer participation in proceedings and permits multiple attorneys to argue different issues for each party.
The court believes it is important to provide substantive opportunities to junior lawyers, and that the benefits of doing so will accrue to all members of the profession and their clients. To that end, the court strongly encourages litigants to permit junior lawyers to be active participants in court proceedings, including but not limited to pre-motion conferences, pre-trial conferences, oral argument of motions, evidentiary hearings, and examination of witnesses at trial. To facilitate these experiences, the court will permit multiple attorneys to argue different issues for each party.
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