Court Rules
Judge

Judge Nina Gershon

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of New York

Limits & Logistics

Document Limits

Brief
25 pgs

Courtesy Copies

All filings

  • Upon Filing

Exhibits

  • Hand Delivery • Upon Filing

Motion, Exhibits

  • Hand Delivery • Upon Filing

Adjournments

  • Adjournment/extension requests must include original date, number of prior requests, their disposition, and adversary consent status.
  • Adjournments/extensions affecting other dates require attached proposed Revised Scheduling Order.

Request must include

Original DateNumber Of Previous RequestsPrevious Requests Granted Or DeniedAdversary PositionAffects Other DatesProposed Rescheduled Date
48Hoursnotice
  • Adjournment of court appearance requires 48 hours notice unless emergency.

Communication

Phone

Chambers

Emergencies
No status inquiries
Phone
Scheduling
Filters:AllMandatoryImportantFormattingMemorandaJuryLettersTypographyJPTOTOC/TOAPage Limits

Page & Word Limits2 rules

Page Limits

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. Use Times New Roman 12-point font and one-inch margins. All memoranda 10 pages or longer shall contain a table of contents and table of authorities.

Summary: Opening/opposition memoranda limited to 25 pages, reply to 10 pages, double-spaced; Times New Roman 12pt with 1-inch margins; TOC/TOA required for 10+ page memos.

Brief

25 pages

Opposition

25 pages

Reply

10 pages

Page Limits

Machine summary. Not checked yet.Important?

Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the written request must be made at least one day prior to the due date.

Summary: Requests to exceed page limits must be made 5 days before due date (1 day for reply briefs).

Brief

Document Format Requirements2 rules

Formatting

Machine summary. Not checked yet.Mandatory?

Use Times New Roman 12-point font and one-inch margins.

Summary: Memoranda must use Times New Roman 12-point font with one-inch margins.

Typography
Font FamilyTimes New Roman
Size12 pt
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Formatting

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When feasible, proposed jury charges should also be submitted in Microsoft Word or PDF format.

Summary: Proposed jury charges should be submitted in Microsoft Word or PDF format when feasible.

Required Format

DOCX

Document Filing Requirements6 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

Parties are to serve their motion papers on all parties, along with a cover letter specifying the papers being served, in accordance with deadlines specified in the briefing schedule. At the time of service, the movant shall file a copy of the cover letter used to transmit the movant's opening motion papers. The letter must be filed as a letter, not as a motion.

Summary: Movant must file cover letter specifying served papers as a letter (not motion) at time of service.

Document Type

Letter

Content & Formatting
Notice Of Electronic Filing
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In civil cases, joint pretrial orders are due 60 days from the date of completion of discovery, unless otherwise ordered by the Court or unless at least one party seeks summary judgment by filing a pre-motion conference letter in anticipation of such a motion. If at least one party files such a letter, the Court will set a deadline for the filing of a joint pretrial order, if needed, after its resolution of the motion for summary judgment.

Summary: Joint pretrial orders due 60 days after discovery completion, unless summary judgment motion pending.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The joint pretrial order shall include the following: i. The full caption of the action. ii. The names, addresses (including firm names), and telephone and fax numbers of trial counsel. iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. iv. A brief summary by each party of the claims and defenses that party has asserted which remain to be tried. v. A brief statement of the categories and amounts of damages claimed or other relief sought. vi. A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. viii. Any stipulations or agreed statements of fact or law. ix. A list of names and addresses of all witnesses, including possible witnesses who will be called only for impeachment or rebuttal purposes. x. A designation by each party of deposition testimony to be offered. xi. A statement of stipulated facts; A schedule listing exhibits to be offered in evidence. 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: Joint pretrial order must include caption, counsel info, jurisdictional statements, claims summary, damages, jury demand, witness lists, deposition designations, stipulations, and exhibit schedules.

Document Type

Joint Pretrial Order

Content & Formatting
Caption
Exhibit List
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In non-jury cases, a statement of the elements of each claim or defense involving such party, together with a summary of the facts relied upon to establish each element

Summary: Non-jury cases require statement of elements and summary of facts for each claim or defense.

Document Type

Proposed Findings Conclusions

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered by the Court, each party shall file, 15 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the final pretrial order if no trial date has been fixed: i. On the Thursday before trial in jury cases, requests to charge and proposed voir dire questions.

Summary: Requests to charge and voir dire questions due Thursday before trial in jury cases.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Note?

Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.

Summary: Oral argument requests must be made by letter when filing motion papers.

Document Type

Oral Argument Request

Content & Formatting
Certificate Of Service

Filing & Service rules

Courtesy Copy Requirements

Hard copies of motion papers and exhibits must be provided to chambers marked as courtesy copies with ECF document number; letters and stipulations exempt.

Hard copies of all motion papers, including exhibits, filed electronically must be provided to chambers. All such papers must be clearly marked "Courtesy Copy," and "Original Filed by ECF." The document number that ECF assigns to the document should be indicated on the lower right corner of the courtesy copy. It is unnecessary to provide chambers with hard copies of other electronically filed documents, such as letters and stipulations.

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Page 1 | Electronic Case Filing (ECF) For Civil and Criminal Cases

Voluminous exhibits should be submitted by email if possible; otherwise file original with Clerk and provide courtesy copy to chambers.

Parties filing voluminous and non-text exhibits that are impracticable to file electronically, should, if possible, submit a Portable Document Format (PDF) or Microsoft Word version by email to the Court. Counsel should contact chambers to obtain an email address to which the files may be sent. For exhibits that cannot be electronically filed, or submitted in PDF or Microsoft Word, submit the original to Clerk's Office for filing, and a courtesy copy to chambers.

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Page 1 | Electronic Case Filing (ECF) For Civil and Criminal Cases

Moving party must provide courtesy copies to chambers with cover letter listing documents; copy to magistrate and opposing counsel.

The original moving party shall be responsible for furnishing to chambers a full set of courtesy copies of the motion papers together with a cover letter specifying each document in the package. A copy of the cover letter shall be sent to the assigned magistrate judge and to opposing counsel.

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Filing Bundling Requirements

Motion papers must be bundled and filed only when fully briefed (hold until fully briefed), except for reconsideration and Rule 4(a)(4)(A) motions.

Except for motions for reconsideration and motions described at Fed. R. App. P. 4(a)(4)(A), no motion papers shall be filed with the court until the motion has been fully briefed, at which time the moving party shall file a complete set of all motion papers.

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Page 2 | Motions

Pre-Motion Conference Requirements

Pre-motion conference letter limited to 3 pages; response letter limited to 3 pages within 7 days.

To arrange a pre-motion conference, the moving party shall serve and file a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties so served must 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 2 | Motions

Pre-motion conference required for dispositive motions and venue change motions (except discovery motions, habeas/prisoner cases, Social Security/Bankruptcy appeals).

For motions other than discovery motions, in all cases where the parties are represented by counsel and in other than habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference with the court is required before making any dispositive motion, or motion for a change of venue.

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Page 2 | Motions

Parties cannot serve motion papers until court approves the briefing schedule.

No party is to serve any motion papers prior to obtaining court approval for the schedule.

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Motions for reconsideration and Fed. R. App. P. 4(a)(4)(A) motions do not require pre-motion conference.

Motions for reconsideration and motions described at Fed. R. App. P. 4(a)(4)(A) should be made without a pre-motion conference.

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Page 2 | Motions

Briefing schedule approval can be granted at pre-motion conference or by letter.

Approval may be given at the pre-motion conference or by subsequent letter.

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Adjournment & Extension Requirements

Adjournment of court appearance requires 48 hours notice unless emergency.

If the request is for an adjournment of a court appearance, absent an emergency it shall be made at least 48 hours prior to the scheduled appearance.

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Page 1 | Communications With Chambers

Adjournments/extensions affecting other dates require attached proposed Revised Scheduling Order.

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

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Page 1 | Communications With Chambers

Adjournment/extension requests must include original date, number of prior requests, their disposition, and adversary consent status.

All requests for adjournments or extensions of time 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; and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

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Page 1 | Communications With Chambers

Chambers Communication Rules

Communications with chambers must be by letter filed on ECF.

Except as provided below, communications with chambers shall be by letter filed on ECF.

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Page 1 | Communications With Chambers

Telephone calls to chambers permitted only in emergency situations requiring immediate attention.

Except as provided in Paragraph 2(D)below, telephone calls to chambers are permitted only in emergency situations requiring immediate attention.

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Page 1 | Communications With Chambers

For docketing/scheduling/calendar matters, call chambers during specified hours (8:30 AM - 4:30 PM).

For docketing, scheduling, and calendar matters, call the contact listed above during the hours specified.

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Page 1 | Communications With Chambers

About United States District Judge Nina Gershon

**District Judge Nina Gershon** was appointed to the Eastern District of New York by President William J. Clinton in 1996. She assumed senior status on October 16, 2008. Born in 1940 in Chicago, Illinois, Judge Gershon served as a U.S. Magistrate Judge in the Southern District of New York from 1976 to 1996 before her elevation to the district court. She held several positions in New York City's Law Department, including Chief of the Federal Appeals Division and Chief of the Consumer Protection Division. Her earlier career included roles as a staff attorney in New York's Appellate Division (1966–1968), assistant corporation counsel in NYC (1968–1969; 1970–1972), and law professor at UC San Diego (1969–1970). She also served as an adjunct law professor at Cardozo School of Law (1986–1988). **Education** - Yale Law School, LL.B., 1965 - Cornell University, B.A., 1962 **Career** - Senior U.S. District Judge, Eastern District of New York, 2008–present - U.S. District Judge, Eastern District of New York, 1996–2008 - U.S. Magistrate Judge, Southern District of New York, 1976–1996 - Chief of Federal Appeals Division / Chief of Consumer Protection Division, NYC Law Department - Assistant Corporation Counsel, NYC, 1968–1972 - Staff Attorney, NY Appellate Division, 1966–1968

**Courthouse:** 225 Cadman Plaza East, Brooklyn, NY 11201 **Phone:** (718) 613-2650 **Chambers Staff** - Courtroom Deputy: (718) 613-2655

Common questions about Judge Nina Gershon's rules

Are courtesy copies required for Judge Nina Gershon?

Courtesy-copy rule applies for motions and exhibits. Details: delivery upon filing, by hand delivery. Hard copies of motion papers and exhibits must be provided to chambers marked as courtesy copies with ECF document number; letters and stipulations exempt.

View ruleSource: page 1, section Electronic Case Filing (ECF) For Civil and Criminal Cases

Does Judge Nina Gershon require a pre-motion conference or letter before filing a motion?

Judge Nina Gershon's rules set a pre-motion procedure for case dispositive motion and venue change. Pre-motion conference required for dispositive motions and venue change motions (except discovery motions, habeas/prisoner cases, Social Security/Bankruptcy appeals).

View ruleSource: page 2, section Motions

What page or word limits apply to brief before Judge Nina Gershon?

Judge Nina Gershon's rule states these limits: 25 pages; 25 pages; 10 pages. Excludes table of contents and table of authorities. Opening/opposition memoranda limited to 25 pages, reply to 10 pages, double-spaced; Times New Roman 12pt with 1-inch margins; TOC/TOA required for 10+ page memos.

View ruleSource: page 2, section Motions

What formatting rules apply to filings before Judge Nina Gershon?

Judge Nina Gershon's formatting rule includes times new roman font, 12 point type and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. Memoranda must use Times New Roman 12-point font with one-inch margins.

View ruleSource: page 2, section Motions

What must be included with letter filings before Judge Nina Gershon?

The rule requires notice of electronic filing. Movant must file cover letter specifying served papers as a letter (not motion) at time of service.

View ruleSource: page 2, section Motions

What must be included with joint pretrial order filings before Judge Nina Gershon?

The rule identifies required filing content or certificates. Joint pretrial orders due 60 days after discovery completion, unless summary judgment motion pending.

How may parties contact Judge Nina Gershon's chambers?

The rule addresses letter ecf communications with Judge Nina Gershon's chambers. Communications with chambers must be by letter filed on ECF.

View ruleSource: page 1, section Communications With Chambers

How do I request an adjournment or extension before Judge Nina Gershon?

Advance notice is not fully stated in the structured details. The request must include original date, number of previous requests, previous requests granted or denied, and adversary position. Adjournment/extension requests must include original date, number of prior requests, their disposition, and adversary consent status.

View ruleSource: page 1, section Communications With Chambers

Does Judge Nina Gershon require motion papers to be bundled?

Yes. Judge Nina Gershon requires bundling for covered papers. Motion papers must be bundled and filed only when fully briefed (hold until fully briefed), except for reconsideration and Rule 4(a)(4)(A) motions.

View ruleSource: page 2, section Motions
Complete rules summary for Judge Nina Gershon

Hard copies of motion papers and exhibits must be provided to chambers marked as courtesy copies with ECF document number; letters and stipulations exempt.

Voluminous exhibits should be submitted by email if possible; otherwise file original with Clerk and provide courtesy copy to chambers.

Opening/opposition memoranda limited to 25 pages, reply to 10 pages, double-spaced; Times New Roman 12pt with 1-inch margins; TOC/TOA required for 10+ page memos.

Pre-motion conference required for dispositive motions and venue change motions (except discovery motions, habeas/prisoner cases, Social Security/Bankruptcy appeals).

Motions for reconsideration and Fed. R. App. P. 4(a)(4)(A) motions do not require pre-motion conference.

Motion papers must be bundled and filed only when fully briefed (hold until fully briefed), except for reconsideration and Rule 4(a)(4)(A) motions.

Adjournment/extension requests must include original date, number of prior requests, their disposition, and adversary consent status.

Adjournments/extensions affecting other dates require attached proposed Revised Scheduling Order.

Adjournment of court appearance requires 48 hours notice unless emergency.

Movant must file cover letter specifying served papers as a letter (not motion) at time of service.

Communications with chambers must be by letter filed on ECF.

Telephone calls to chambers permitted only in emergency situations requiring immediate attention.

Requests to exceed page limits must be made 5 days before due date (1 day for reply briefs).

Memoranda must use Times New Roman 12-point font with one-inch margins.

Parties cannot serve motion papers until court approves the briefing schedule.

Briefing schedule approval can be granted at pre-motion conference or by letter.

Moving party must provide courtesy copies to chambers with cover letter listing documents; copy to magistrate and opposing counsel.

Oral argument requests must be made by letter when filing motion papers.

Joint pretrial orders due 60 days after discovery completion, unless summary judgment motion pending.

Joint pretrial order must include caption, counsel info, jurisdictional statements, claims summary, damages, jury demand, witness lists, deposition designations, stipulations, and exhibit schedules.

Requests to charge and voir dire questions due Thursday before trial in jury cases.

Proposed jury charges should be submitted in Microsoft Word or PDF format when feasible.

Non-jury cases require statement of elements and summary of facts for each claim or defense.

For docketing/scheduling/calendar matters, call chambers during specified hours (8:30 AM - 4:30 PM).

Pre-motion conference letter limited to 3 pages; response letter limited to 3 pages within 7 days.

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