Judge Orelia E. Merchant
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Immediately Upon Filing
- Upon Filing
Attorney filings
- When Fully Briefed
Courtesy copies
Exhibits
- 2 copies • During Direct Testimony
- 3 copies • Chambers Drop Off • At Least 10 Days Before Trial
- 3 copies • Chambers Drop Off • By Friday Before Trial
Binding: Tabbed Three Ring
Adjournments
- Adjournment or enlargement requests must be written ECF filings and include specified background and consent information.
- If other scheduled dates are impacted, adjournment/enlargement requests must include proposed revised dates.
- In pre-conviction criminal cases, adjournment requests must state whether parties agreed on a new date or availability period.
Request must include
- Requests for adjournment or enlargement must be made at least two business days before the deadline or appearance, except emergencies.
- Sentencing adjournment applications must be submitted in writing at least 10 business days before sentencing.
- Any response to a sentencing adjournment application must be filed in writing at least 6 business days before sentencing.
Communication
Chambers
Phone
Clerk, Chambers
Phone
Clerk
Page & Word Limits3 rules
Machine summary. Not checked yet.Mandatory?
Memoranda in support of or in opposition to motions for reconsideration, however, are limited to ten (10) pages.
Summary: Memoranda for reconsideration motions are limited to 10 pages.
Memorandum Of Law
10 pages
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. These page limits are exclusive of tables of contents, tables of authorities, appendices, and attachments. Parties should use Times New Roman 12-point font and one-inch margins.
Summary: Support/opposition memoranda are capped at 25 pages and reply memoranda at 10 pages, with specified exclusions and formatting requirements.
Memorandum Support Or Opposition
25 pages
Reply Memorandum
10 pages
Machine summary. Not checked yet.Mandatory?
Any appeal of a magistrate judge’s discovery determination must be in the form of a letter not exceeding three (3) pages in length.
Summary: A civil appeal of a magistrate discovery determination must be a letter limited to three pages.
Letter
3 pages
Document Format Requirements11 rules
Machine summary. Not checked yet.Mandatory?
Video/audio exhibits that are too large to file on ECF may not be submitted via email, USB, or CD.
Summary: Large video or audio exhibits cannot be submitted by email, USB, or CD.
Machine summary. Not checked yet.Mandatory?
Pursuant to Administrative Order 2004-08, all case documents must be filed electronically via ECF for all civil cases other than pro se cases as well as for all criminal cases.
Summary: ECF filing is mandatory for civil (except pro se) and criminal cases.
Machine summary. Not checked yet.Mandatory?
All other evidence, including images must be PDF’d and efiled.
Summary: All non-video/audio evidence, including images, must be converted to PDF and electronically filed.
Machine summary. Not checked yet.Mandatory?
Parties represented by counsel in pro se cases must file documents via ECF and serve copies on the pro se litigants.
Summary: In pro se cases, represented parties must e-file and serve copies on pro se litigants.
Machine summary. Not checked yet.Mandatory?
Joint pretrial orders must be double spaced with one-inch margins, using Times New Roman 12-point font, and must include the following information:
Summary: Joint pretrial orders must use double spacing, one-inch margins, and 12-point Times New Roman font.
Machine summary. Not checked yet.Mandatory?
Any document to be offered in evidence that contains multiple pages shall be paginated by counsel before trial, but any existing Bates stamping or other pagination may suffice.
Summary: Multipage evidence documents must be paginated before trial, though existing Bates or other pagination is acceptable.
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.
Summary: Proposed orders, jury instructions, and similar proposed writings should be submitted to chambers in Word format.
DOCX
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All written submissions and supporting materials, to the extent practicable, must be text-searchable.
Summary: Written submissions and supporting materials must be text-searchable where practicable.
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Submissions should be made text-searchable to the extent possible.
Summary: State-court-record submissions should be text-searchable when possible.
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Where exhibits are voluminous, they should be placed in binders with tabs.
Summary: Voluminous exhibits should be organized in tabbed binders.
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Unless otherwise ordered by the Court, jury instructions, proposed verdict sheets, and proposed voir dire questions in jury cases should be submitted directly to the Chambers’ inbox in not later than 15 days before trial in word-processor format.
Summary: These jury-related submissions should be provided in word-processor format unless the Court orders otherwise.
Document Filing Requirements42 rules
Machine summary. Not checked yet.Mandatory?
All correspondence shall identify on whose behalf counsel is writing and must include the case, name, docket number, and initials of the judge(s) assigned to the case.
Summary: Correspondence must identify counsel’s side and include case name, docket number, and assigned judge initials.
Document Type
Correspondence
Machine summary. Not checked yet.Mandatory?
The party must also file a cover letter on ECF describing the video/audio evidence submitted to the Court.
Summary: A cover letter describing submitted video/audio evidence must be filed on ECF.
Document Type
Cover Letter
Machine summary. Not checked yet.Mandatory?
The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.
Summary: A sealing motion must include a cover letter stating reasons and include the document sought to be sealed, restricted, or redacted.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
When seeking to file a redacted document, the filing party must submit either: (a) the unredacted and redacted versions of the document together; or (b) the unredacted version with the proposed redactions highlighted such that the text to be redacted is still visible.
Summary: For redacted filings, parties must submit both versions together or provide an unredacted version with visible highlighted proposed redactions.
Document Type
Redacted Filing
Machine summary. Not checked yet.Mandatory?
The respondent’s answer shall attach excerpts of any transcripts that the respondent considers relevant, including any context needed for a full and fair understanding of those excerpts.
Summary: The respondent’s answer must attach relevant transcript excerpts with enough context for fair understanding.
Document Type
Answer
Machine summary. Not checked yet.Mandatory?
The state court record shall include copies of:
Summary: The respondent’s state court record submission must include the specified categories of transcripts, briefs, supporting papers, and related orders.
Document Type
State Court Record
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If the respondent is unable to submit any of these documents, the respondent shall identify the missing documents and provide a sworn, detailed statement as to why those documents were not submitted.
Summary: If required state-court-record documents are missing, the respondent must identify them and submit a sworn detailed explanation.
Document Type
State Court Record Submission
Machine summary. Not checked yet.Mandatory?
Pre-motion letters and responses must contain sufficient legal authority to serve this purpose.
Summary: Pre-motion letters and responses must include sufficient legal authority.
Document Type
Pre Motion Letter
Machine summary. Not checked yet.Mandatory?
As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (under seal if proceeding ex parte) and state clearly: (1) whether and how it has notified its adversary and whether the adversary consents to temporary injunctive relief; or (2) why the requirements of Federal Rule of Civil Procedure 65(b)(1) are satisfied and no notice is necessary.
Summary: A TRO applicant must promptly file an ECF letter (under seal if ex parte) stating notice/consent details or Rule 65(b)(1) justification for no notice.
Document Type
Tro Letter
Machine summary. Not checked yet.Mandatory?
Regardless, 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 a 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 governing federal deadlines to avoid loss of substantive rights, but must include an explanation of that conclusion.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Only a copy of the cover letter shall be electronically filed in advance of the fully-briefed motion, and it must be filed as a letter, not as a motion.
Summary: Before a fully briefed motion is filed, only the cover letter may be filed on ECF, and it must be filed as a letter.
Document Type
Cover Letter
Machine summary. Not checked yet.Mandatory?
The stipulation shall be filed on ECF when the motion is fully briefed and shall set forth all relevant facts in the administrative record, including information contained in the treatment and medical records, in chronological order and with citations to the record.
Summary: The Social Security stipulation must be filed on ECF at full briefing and must present all relevant administrative-record facts chronologically with record citations.
Document Type
Stipulation Of Fact
Machine summary. Not checked yet.Mandatory?
Parties seeking or opposing judgment on the pleadings in social security cases shall confer and prepare a stipulation of fact with a chronology of medical treatment.
Summary: In Social Security judgment-on-the-pleadings practice, parties must confer and prepare a factual stipulation including a treatment chronology.
Document Type
Stipulation Of Fact
Machine summary. Not checked yet.Mandatory?
Parties in criminal cases shall follow the rules for memoranda of law in civil motions, as set forth in Section III, Part E of these Rules, unless otherwise directed by the Court.
Summary: Criminal-case memoranda of law must follow the civil-motion memorandum rules unless the court directs otherwise.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
Any party appealing a magistrate judge’s Order of Release or Order of Detention shall include a copy of the transcript before the magistrate judge with their motion, if the transcript is available.
Summary: Appeals of release or detention orders must include the magistrate-judge transcript if available.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Such letter must set forth the specific aspects of the magistrate judge’s determination that are being challenged.
Summary: The appeal letter must specify which parts of the magistrate judge’s determination are being challenged.
Document Type
Letter
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Witnesses: A list of names and addresses by each party as to the fact and expert witnesses whose testimony is to be offered in its case in chief, together with a brief narrative statement of the expected testimony of each witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown.
Summary: The joint pretrial order must include witness lists with addresses and expected testimony summaries, and generally limits testimony to listed witnesses absent prompt notice and good cause.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Jurisdiction: 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. Such statements shall include citations to all statutes and legal doctrines relied on and relevant facts as to citizenship and jurisdictional amount.
Summary: The joint pretrial order must include jurisdiction statements from parties with supporting statutes, legal doctrines, and jurisdictional facts.
Document Type
Pretrial Order
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Deposition Testimony: A designation by each party 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 along with cross-designations and objections.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Caption: The full caption of the action
Summary: The joint pretrial order must include the full case caption.
Document Type
Pretrial Order
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Claims and Defenses: A brief summary by each party of the elements of the claims and defenses that party has asserted which remain to be tried, including citations to all statutes relied on.
Summary: The joint pretrial order must summarize remaining claims/defenses and include citations to statutes relied on.
Document Type
Pretrial Order
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Parties and Counsel: The names, addresses (including firm names), and telephone and fax numbers of trial counsel.
Summary: The joint pretrial order must list trial counsel names, firm-inclusive addresses, and telephone/fax numbers.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Jury or Bench Trial: 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.
Summary: The joint pretrial order must state whether trial is jury or bench and estimate required trial days.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
All exhibits must be pre-marked for the trial and exchanged with the other parties at least 15 days before trial.
Summary: Exhibits must be pre-marked and exchanged at least 15 days before trial.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
Only exhibits listed will be received in evidence except for good cause shown.
Summary: Only listed exhibits may be admitted unless good cause is shown.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
The parties shall submit a joint letter on ECF certifying that these items have been transmitted.
Summary: The parties must file a joint ECF letter certifying transmission of those jury-related submissions.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
The plaintiff’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters.
Summary: Plaintiff exhibits must be numbered and defendant exhibits must be lettered.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
Verdict sheets must include formulae for the calculation of damages where applicable.
Summary: Verdict sheets must include damages-calculation formulae when applicable.
Document Type
Verdict Sheet
Machine summary. Not checked yet.Mandatory?
If a party seeks to introduce evidence through cross-examination or otherwise under either Federal Rule of Evidence 608(b) or 609, the party must file a motion in limine outlining why its intended exhibit(s) and/or area(s) of cross-examination are admissible under the relevant rule.
Summary: A party relying on FRE 608(b) or 609 must file a motion in limine explaining admissibility.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
In a multi-defendant case, all filings must designate the specific defendant or defendants as to who the filing pertains.
Summary: In multi-defendant criminal cases, each filing must specify which defendant or defendants it concerns.
Document Type
Filing
Machine summary. Not checked yet.Mandatory?
Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than 30 days before the date fixed for commencement of jury selection.
Summary: Motions in limine on disputed evidentiary or trial-management issues must be filed at least 30 days before jury selection begins.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
Any objecting party must identify the specific language and paragraph numbers of the presentence report to which it objects.
Summary: Any party objecting to a presentence report must identify the exact language and paragraph numbers being challenged.
Document Type
Presentence Report Objection
Machine summary. Not checked yet.Mandatory?
For non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than 10 days after the conclusion of trial, unless the Court sets a different filing deadline. Responses to such submissions are not permitted.
Summary: In non-jury trials, proposed findings and conclusions are due within 10 days after trial unless otherwise ordered, and responses are not allowed.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
The Court requires at least two (2) days’ notice of a guilty plea on a violation of supervised release. The notice must specify the violations as to which the defendant intends to plead guilty.
Summary: A guilty plea on a supervised-release violation requires at least 2 days’ notice and must identify the specific violations.
Document Type
Guilty Plea Notice
Machine summary. Not checked yet.Important?
However, parties need not submit word-processing files of stipulations of dismissal or settlement unless specifically requested to do so.
Summary: Word-processing files are not required for dismissal or settlement stipulations unless chambers specifically requests them.
Document Type
Stipulation Of Dismissal Or Settlement
Machine summary. Not checked yet.Important?
Memoranda of 10 pages or more shall contain a table of contents and table of authorities.
Summary: Memoranda of at least 10 pages must include both a table of contents and table of authorities.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Important?
Memoranda must set forth the points and authorities relied upon in support of or in opposition to the motion, and must be divided, under appropriate headings, into as many parts as there are points to be determined. Case citations must contain pinpoint cites to specific page references.
Summary: Memoranda must present legal points and authorities under appropriate headings and include pinpoint citations.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Important?
Parties should also label exhibits according to Section III, Part F(2) of these Rules.
Summary: Exhibits in criminal cases should be labeled according to Section III.F(2).
Document Type
Exhibits
Machine summary. Not checked yet.Important?
Stipulations: A statement of stipulated facts, if any.
Summary: The joint pretrial order must include stipulated facts if any exist.
Document Type
Pretrial Order
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The Government should file a Rule 12.4 disclosure statement before the first appearance, when applicable.
Summary: The Government is directed to file a Rule 12.4 disclosure statement before the first appearance when applicable.
Document Type
Rule 12 4 Disclosure Statement
Machine summary. Not checked yet.Important?
The binder should also include an exhibit list and a witness list.
Summary: The exhibit binder should include both an exhibit list and a witness list.
Document Type
Exhibit Binder
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All parties and counsel shall address each other in all written documents and court proceedings by the pronouns and/or honorifics previously identified.
Summary: Parties and counsel must use previously identified pronouns and honorifics in written submissions and court proceedings.
Document Type
Written Documents
Filing & Service rules
Courtesy Copy Requirements
Courtesy-copy submissions of 50+ pages must be in one tabbed three-ring binder, with maximum 2-inch size and labeled cover/spine.
For submissions 50 pages in length or more, all documents comprising a submission (i.e.: memorandum, declarations, exhibits, etc.) must be submitted together, in a single three-ring binder with appropriately labeled tabs. Binders must be appropriately sized for their contents—0.5, 1, 1.5, or 2 inches—but must not exceed 2 inches. Binder covers and spines must identify the case name, docket number, and the binder’s contents.
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Page 3 | Courtesy Copies
Two courtesy copies are required regardless of length for motions to dismiss, summary judgment, compel arbitration, and remand.
Regardless of page length, all (i) motions to dismiss, (ii) motions for summary judgment, (iii) motions to compel arbitration, and (iv) motions to remand to state court.
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Page 3 | Courtesy Copies
Courtesy copies must be double-sided and bound on the left side.
Parties shall use double-sided printing and bind submissions on the left side.
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Page 3 | Courtesy Copies
Two courtesy copies are required for ECF submissions of 25 pages or more, including exhibits and attachments.
All written submissions filed on ECF that are 25 pages in length or more (inclusive of any exhibits or attachments).
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Page 3 | Courtesy Copies
Summary judgment pre-motion requests require two bound courtesy copies sent to chambers within two business days, and email or hard-drive delivery is not permitted.
As well as filing on ECF, parties requesting a pre-motion conference for a summary judgment motion must send two bound courtesy copies (in compliance with Section II, Part D) of all pre-motion conference papers and exhibits to chambers, via overnight mail or courier within two business days of filing. Emailing chambers or providing a hard drive of such courtesy copies is not acceptable.
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Page 7 | C. Motions for Summary Judgment
A courtesy copy must be delivered immediately after filing when Individual Rule 1.3 makes courtesy copies applicable.
The moving party must deliver a courtesy copy immediately after filing where applicable under Individual Rule 1.3.
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Page 9 | (unnamed subsection before E. Briefing Schedule)
When motion briefing is complete, the moving party must provide Chambers with a full courtesy-copy set and an itemized letter, except pro se movants.
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 (in compliance with Section II, Part D of these Rules), together with a letter specifying each document in the package.
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Page 10 | G. Filing of Motion Papers
Parties must provide three tabbed exhibit binders with case-caption labeling at least 10 days before trial unless the Court orders otherwise.
The parties shall provide the Court with three copies of tabbed binders containing all exhibits, with the case caption on the spine and front cover of each binder, at least 10 days before trial, unless otherwise ordered by the Court.
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Page 14 | 4.
When a witness will refer to documentary evidence on direct, counsel must have copies for opposing counsel, the court reporter, and two copies for the Court.
Where counsel anticipates that a witness will refer to documentary evidence in the course of his or her direct testimony, counsel shall have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.
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Page 16 | VI. CRIMINAL PRETRIAL PROCEDURES > C. Filings Prior to Trial in Criminal Cases
Parties must provide the Court three tabbed exhibit binders by the Friday before trial unless the Court orders otherwise.
The parties shall provide the Court with three tabbed binders containing copies of all exhibits no later than the Friday before trial, unless otherwise ordered by the Court.
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Page 16 | VI. CRIMINAL PRETRIAL PROCEDURES > C. Filings Prior to Trial in Criminal Cases
Courtesy copies should include the ECF-stamped version, or otherwise be prominently labeled with the specified notice.
Preferably, the courtesy copies will be reproductions of the document as filed on ECF, with the ECF stamp appearing at the top of the page. If not, the courtesy copies should be prominently labeled “Courtesy Copy - Original was electronically filed and assigned document number X.”
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Page 3 | Courtesy Copies
Sealing & Redaction Procedures
A motion for leave is required and must be filed via ECF to file documents under seal.
Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.
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Page 2 | Filing Submissions Under Seal
Criminal sealed-filing procedures are provided in the referenced EDNY instruction document.
Instructions for filing sealed documents in criminal cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf.
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Page 3 | CASE FILINGS
Civil sealed-filing procedures are provided in the referenced EDNY instruction document.
Instructions for filing sealed documents in civil cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf.
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Page 3 | CASE FILINGS
Presentence report objections should be filed under seal on ECF and served on opposing counsel and Probation.
Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.
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Page 17 | SENTENCING
Filing Bundling Requirements
For submissions of 50 pages or more, all components of the submission must be bundled together in one binder.
For submissions 50 pages in length or more, all documents comprising a submission (i.e.: memorandum, declarations, exhibits, etc.) must be submitted together, in a single three-ring binder with appropriately labeled tabs.
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Page 3 | Courtesy Copies
Parties may choose to bundle filing until full briefing, with service of all motion papers plus a detailed cover letter.
If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served.
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Page 10 | G. Filing of Motion Papers
Pre-Motion Conference Requirements
Pre-motion request letters are limited to 3 pages, and response letters are also limited to 3 pages and due within 7 days.
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. All parties served shall 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 6 | Pre-motion Conference Requests in Civil Cases
For summary judgment, pre-motion response-letter timing follows the Counter 56.1 schedule and reply letters are prohibited.
For motions for summary judgment, the timing of all responses to pre-motion letters in connection with motions for summary judgment shall be governed by timing set forth at Section III, Part C(1), infra. That is, responsive letters should be filed with the serving of the Counter 56.1 Statement. No reply letters are allowed.
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Page 6 | Pre-motion Conference Requests in Civil Cases
In civil cases, represented movants must request a pre-motion conference before filing specified non-discovery motions, with listed case-type exceptions.
For motions other than discovery motions, in all cases in which the proposed movant is represented by counsel (except habeas corpus/prisoner petitions, Social Security appeals, and bankruptcy appeals), a pre-motion conference with the Court must be requested before making:
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Page 6 | Pre-motion Conference Requests in Civil Cases
In summary judgment pre-motion practice, responses are due in 15 business days, 56.1 reply statements in 10 business days, and reply letters are not allowed.
Non-moving parties shall have 15 business days from service of a pre-motion letter and accompanying 56.1 Statement to respond to each. parties shall have 10 business days from receipt of a 56.1 Counter Statement to file a 56.1 Reply Statement. No reply letter shall be permitted.
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Page 7 | C. Motions for Summary Judgment
For intended summary judgment motions, pre-motion conference requests must include a Local Rule 56.1 statement, except for pro se parties.
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.
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Page 7 | C. Motions for Summary Judgment
Responses to pre-motion requests must be filed under the ECF Letter event, not the pre-motion conference event.
Responding parties should file a response using the ECF “Letter” event and not the “Motion for a Pre-Motion Conference” event.
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Page 7 | Pre-Motion Conference
Parties must submit a joint briefing schedule for Court approval, and no schedule changes are allowed without Court approval.
The parties are to work together to set their own briefing schedule and submit it to the Court for approval. Approval may be given at the pre-motion conference or by subsequent order. No changes to the briefing schedule may be made without Court approval.
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Page 9 | E. Briefing Schedule
For motions with strictly enforced deadlines needed to preserve rights, no pre-motion conference or full-briefing-before-filing requirement applies.
As indicated above, these practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.
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Page 10 | H. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting Rules
Criminal motion papers cannot be served before a court-ordered briefing schedule, and schedule changes require court approval.
The Court will order briefing schedules for motions. Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.
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Page 11 | IV. CRIMINAL MOTIONS — A. Scheduling and Filing of Motions
In criminal cases, counsel must raise intended motions at a status conference, or request a written pre-motion conference stating grounds if no status conference is set.
Counsel shall advise the Court of any motions they want to file at a status conference scheduled by the Court. If no status conference has been scheduled, counsel shall request a pre-motion conference in writing and briefly state the grounds for such motion.
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Page 11 | IV. CRIMINAL MOTIONS — A. Scheduling and Filing of Motions
Civil appeals of magistrate discovery determinations have 14-day appeal and opposition deadlines, no reply as of right, and any further reply/briefing only by court direction.
Unless otherwise ordered by the Court, any appeal of a magistrate judge’s discovery determination must be served upon all parties and filed with the Court within 14 days of the challenged determination. Any party opposing such an appeal shall file its opposition, if any, within 14 days of service of any appeal. Parties are not permitted a reply as of right. Should the Court desire a reply letter or additional briefing, the Court shall inform the parties.
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Page 11 | V. CIVIL PRETRIAL PROCEDURES — A. Appeals of Discovery Determinations by Magistrate Judges
Expert-evidence exclusion motions (including Daubert motions) must be filed at least 45 days before jury selection, and responses are due 14 days after filing.
Motions to exclude or limit the testimony of experts pursuant to Rules 702–705 of the Federal Rules of Evidence, including but not limited to motions to exclude scientific or technical evidence under the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, shall be filed at least 45 days before the commencement of jury selection. Responses are due 14 days after the motion is filed.
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Page 14 | 3.
In limine motions must be filed at least 30 days before jury selection, with responses due 14 days after filing, and parties must propose a briefing schedule.
The parties shall propose their own briefing schedule on any motions addressing evidentiary or other issues that should be resolved in limine, provided that all such motions are filed at least 30 days before the commencement of jury selection. Any responses are due 14 days after the motions are filed.
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Page 14 | 1.
Serving the pre-motion letter within applicable Rule 12/56 deadlines counts as timely service of the motion.
Service of the letter motion within the time requirements of Fed. R. Civ. P. 12 or 56, or any other applicable filing or service deadline, shall constitute timely service of a motion made pursuant to those provisions.
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Page 7 | Pre-Motion Conference
Using the wrong ECF event for a pre-motion conference request can lead to denial without prejudice.
Failure to request a pre-motion conference under the accurate ECF event may result in a denial of the pre-motion conference request without prejudice to refile.
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Page 7 | Pre-Motion Conference
Pre-motion conference letters are not required for Rule 50, 59, or 60 motions.
For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals will not accept an argument that compliance with district court motion rules should excuse noncompliance with Fed. R. App. P. 4.
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Page 7 | Pre-Motion Conference
Pre-motion conferences are generally not required for criminal motions except as stated in Section IV.A(1).
Except as provided above in Section IV, Part A(1), no pre-motion conference is required for a criminal motion.
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Page 11 | IV. CRIMINAL MOTIONS — A. Scheduling and Filing of Motions
The Court may bypass a pre-motion conference and set a motion schedule directly when a conference would not be useful.
In some cases, it will be apparent from the letter requesting a pre-motion conference that such a conference will not be a useful expenditure of the parties’ time, and a motion schedule will be set without a pre-motion conference.
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Page 7 | Pre-Motion Conference
Adjournment & Extension Requirements
Adjournment or enlargement requests must be written ECF filings and include specified background and consent information.
All requests for adjournments or enlargement of time must be in writing and submitted on ECF and state: a. The original date; b. The reason for the request; c. The number of previous requests for adjournment or enlargement; d. Whether these previous requests were granted or denied; and e. Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
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Page 4 | Requests for Adjournments or Enlargement of Time
Requests for adjournment or enlargement must be made at least two business days before the deadline or appearance, except emergencies.
Absent an emergency, all requests for adjournment or enlargement of time shall be made at least two (2) business days prior to the scheduled deadline or appearance.
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Page 4 | Requests for Adjournments or Enlargement of Time
In pre-conviction criminal cases, adjournment requests must state whether parties agreed on a new date or availability period.
Requests for adjournments in pre-conviction criminal cases must also state: a. whether the parties have agreed on a new date or period of availability;
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Page 4 | Requests for Adjournments or Enlargement of Time
If other scheduled dates are impacted, adjournment/enlargement requests must include proposed revised dates.
If the requested adjournment or enlargement of time affects any other scheduled dates, proposed revised dates must be provided.
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Page 4 | Requests for Adjournments or Enlargement of Time
Sentencing adjournment applications must be submitted in writing at least 10 business days before sentencing.
Applications regarding sentencing adjournments shall be made in writing at least 10 business days prior to the date of sentencing.
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Page 17 | SENTENCING
Any response to a sentencing adjournment application must be filed in writing at least 6 business days before sentencing.
The response, if any, shall be made in writing at least six (6) business days before the date of sentencing.
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Page 17 | SENTENCING
Chambers Communication Rules
Communications with chambers must be filed in writing on ECF and simultaneously provided to parties not receiving ECF notifications.
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.
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Page 1 | COMMUNICATIONS WITH CHAMBERS
Any fax to chambers should be sent to all counsel at the same time and then docketed electronically.
All faxes should be simultaneously provided to all counsel and followed with an electronic filing.
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Page 2 | COMMUNICATIONS WITH CHAMBERS
Adjournment requests made within 48 hours of an appearance must include a telephone call to chambers.
Any adjournment of a court appearance being requested within 48 hours of the appearance shall be accompanied by a telephone call to chambers advising the Court of the request.
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Page 4 | Requests for Adjournments or Enlargement of Time
For TRO requests, the moving party must email chambers with filing notice and requested timing for court action.
The moving party must email Chambers giving notice of the filing and the time frame requested for Court action.
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Page 8 | D. Motions for a Temporary Restraining Order and/or Preliminary Injunction
A clean proposed joint pretrial order must be emailed to chambers at the same time it is filed on ECF.
A clean version of the proposed joint pretrial order shall be sent to Chambers email concurrently with the version filed on ECF.
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Page 12 | V. CIVIL PRETRIAL PROCEDURES
In criminal cases, AUSAs must call chambers at the listed number when a new case is assigned so an initial pretrial conference can be scheduled.
Pretrial Conference in Criminal Cases: Assistant United States Attorneys are responsible for informing chambers by calling Case Manager Tasheana Lubin at (718) 613-2465 when a new case has been assigned to Judge Merchant. Upon such notification, an initial pretrial conference will be scheduled.
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Page 15 | VI. CRIMINAL PRETRIAL PROCEDURES > A. Initial Matters
Email and fax communications to chambers require prior authorization unless otherwise provided.
Except as provided in these Rules, emails and faxes to chambers are permitted only if prior authorization is obtained.
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Page 2 | COMMUNICATIONS WITH CHAMBERS
Parties should not contact chambers for ECF registration, filing, or technical questions.
Parties are advised not to contact chambers with questions regarding ECF registration, filing, or other technical issues.
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Page 2 | CASE FILINGS
Urgent submissions require a post-filing telephone notification to chambers.
If your submission requires immediate attention, please notify chambers by telephone after you file via ECF.
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Page 3 | Court’s Review of ECF Submissions
For time-sensitive matters, counsel may call Chambers if no response is received within three hours, and the call must occur before business day end.
If the matter is time sensitive and Chambers does not respond within three (3) hours, the movant may call Chambers before the end of the business day.
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Page 9 | (unnamed subsection before E. Briefing Schedule)
Jury instructions, proposed verdict sheets, and proposed voir dire questions should be emailed to Chambers at least 15 days before trial unless the Court orders otherwise.
Unless otherwise ordered by the Court, jury instructions, proposed verdict sheets, and proposed voir dire questions in jury cases should be submitted directly to the Chambers’ inbox in not later than 15 days before trial in word-processor format.
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Page 14 | 3.
If exhibit volume makes the binder requirement impracticable, parties should call chambers at least 10 business days before trial for courtesy-copy instructions.
If in the judgment of the parties the volume of exhibits makes this requirement impracticable, please call chambers at least 10 business days before trial for instructions on how to submit courtesy copies of the exhibits.
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Page 16 | VI. CRIMINAL PRETRIAL PROCEDURES > C. Filings Prior to Trial in Criminal Cases
Docketing, scheduling, and calendar issues should be handled by phone with the courtroom deputy.
For docketing, scheduling, or calendar matters, call Tasheana Lubin at (718) 613-2465.
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Page 1 | COMMUNICATIONS WITH CHAMBERS
For sealed ECF filing help, parties should call the ECF help desk.
For help e-filing under seal, contact the ECF help desk at (718) 613-2610.
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Page 3 | CASE FILINGS
Word-processing files may be sent to chambers by email at the listed address.
Counsel may send the files to: Merchant_Chambers@nyed.uscourts.gov.
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Page 4 | Word-Processing Files of Certain Submissions