Eastern District of New York Document Filing Requirements

876 rules from official source documents

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Required elements, certificates, and structural requirements for court documents. This page is scoped to Eastern District of New York; use the court rules overview to switch categories without leaving this court.

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Applies to: Jury instructions ?

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.

Chief Judge Margo K. Brodie

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Applies to: Jury instructions ?

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.

Chief Judge Margo K. Brodie

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Applies to: Motion
Must include: caption ?

All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “motion” on ECF.

Summary: All requests for relief must be designated as motions on ECF.

Judge Brian M. Cogan

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Applies to: Affidavit of service

The filing of Affidavits of Service as to any papers other than the summons and complaint is prohibited, except in pro se cases.

Summary: Affidavits of Service prohibited except in pro se cases.

Judge Brian M. Cogan

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Applies to: Amended complaint
Must include: redline

When filing an amended complaint, counsel must attach a redline (in PDF form) indicating the differences between the previously-filed complaint and the amended complaint.

Summary: Amended complaints must include a redline PDF showing changes from previous complaint.

Judge Brian M. Cogan

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Applies to: Affidavit
Must include: factual averments only ?

Affidavits or affirmations shall not be accepted on motions unless they are confined to factual averments. Attorney’s affidavits or affirmations shall not be accepted unless: (a) the facts addressed are within the personal knowledge of the attorney, such as in a discovery dispute; or (b) the attorney is authenticating documents and the attorney reasonably believes that authentication is not in issue.

Summary: Affidavits must be factual; attorney affidavits limited to personal knowledge or document authentication.

Judge Brian M. Cogan

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Applies to: Exhibit

Do not annex as exhibits copies of pleadings or other filings that already appear on the docket.

Summary: Do not include as exhibits documents already on the docket.

Judge Brian M. Cogan

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Applies to: Summary judgment motion ?

On motions for summary judgment, do not attach complete deposition transcripts as exhibits to affidavits or affirmations. Attach only pages containing relevant testimony to which citation is made in the memoranda or affidavits. However, any excerpted submissions must anticipate and comply with Federal Rule of Evidence 106. In other words, do not distort the record by leaving out a portion of the excerpt necessary for completeness.

Summary: Summary judgment motions: only relevant deposition pages as exhibits, must comply with FRE 106.

Judge Brian M. Cogan

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Applies to: Lr 56 1 statement ?

Motions for summary judgment may be denied if the Local Rule 56.1 Statements do not conform with the following requirements in addition to those set forth in the Local Rule: (a) Except in pro se cases, the Local Rule 56.1 statement by a party opposing summary judgment shall quote verbatim the moving party’s Local Rule 56.1 statement, and shall respond to each allegation in the moving party’s statement immediately beneath each allegation. The opposing statement also may, if necessary, include a separate section of additional material facts alleged to be in dispute.

Summary: Summary judgment: opposing party must quote verbatim movant's LR 56.1 statement and respond to each allegation.

Judge Brian M. Cogan

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Applies to: Sentencing memorandum
Must include: objections to presentence report ?

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. Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.

Summary: Sentencing memoranda deadlines: defendant 2 weeks before, government 1 week before sentencing.

Judge Brian M. Cogan

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Applies to: Confirmation letter ?
Must include: confirmation of sentencing proceeding ?

After the Government’s time for filing a response has passed, but no less than five days prior to the scheduled sentencing, either party shall file a letter by ECF confirming that the sentencing is to proceed as scheduled. In the absence of such confirmation, the Court may adjourn the sentencing sua sponte for approximately 30 days.

Summary: Confirmation letter required 5 days before sentencing; failure to confirm may result in 30-day adjournment.

Judge Brian M. Cogan

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Applies to: Motion
Must include: cover letter, notice of motion ?

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. A copy of the cover letter only shall be filed electronically, as a letter, NOT as a motion.

Summary: Cover letter must be served with motion papers and filed electronically as a letter, not as a motion.

Judge Carol Bagley Amon

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Applies to: Pretrial order
Must include: full caption, separate schedules ?

The Pretrial Order to be submitted shall include the below listed items and be governed by the directions and principles stated herein. The Pretrial Order controls the subsequent course of the action unless the order is modified by consent of the parties and the Court, or by order of the Court to prevent manifest injustice.

Summary: Pretrial Order controls the action unless modified by consent or court order.

Judge Carol Bagley Amon

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Applies to: Pretrial order
Must include: proposed order ?

Plaintiff’s counsel shall, three weeks prior to the date fixed for filing the Pretrial Order, prepare and serve on all opposing counsel a Proposed Pretrial Order with attached schedules.

Summary: Plaintiff's counsel must prepare and serve Proposed Pretrial Order with schedules three weeks before filing deadline.

Judge Carol Bagley Amon

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Applies to: Pretrial order
Must include: additional schedules

All opposing counsel shall, within one week of receipt of plaintiff’s proposed order, prepare any additional schedules and deliver them in final form to plaintiff’s counsel for inclusion in the final Pretrial Order.

Summary: Opposing counsel must deliver additional schedules to plaintiff's counsel within one week of receiving proposed order.

Judge Carol Bagley Amon

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Applies to: Pretrial order ?
Must include: service on opposing counsel ?

A copy of this final order will also be served on opposing counsel on the same date.

Summary: Plaintiff's counsel must serve final Pretrial Order on opposing counsel on filing date.

Judge Carol Bagley Amon

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Applies to: Pretrial conference
Must include: exchange of evidence, preparedness for objections ?

Prior to attending the pretrial conference on a date to be scheduled by this Court, counsel shall exchange copies of all documents proposed to be used in evidence, and shall be prepared to discuss and have the Court rule on objections to exhibits.

Summary: Counsel must exchange all proposed evidence documents before pretrial conference and be prepared to discuss objections.

Judge Carol Bagley Amon

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Applies to: Exhibit premarking ?
Must include: premarking with deputy, use pretrial order numbering ?

Immediately following the pretrial conference, on the same day, counsel shall meet with the courtroom deputy to premark their exhibits, using the numbering assigned to them in the exhibit schedules of the Pretrial Order.

Summary: Counsel must premark exhibits with courtroom deputy immediately after pretrial conference using Pretrial Order numbering.

Judge Carol Bagley Amon

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Applies to: Legal memoranda ?
Must include: contested legal issues

A legal memorandum addressing all contested legal issues.

Summary: Each party must file legal memorandum on contested legal issues one week before trial.

Judge Carol Bagley Amon

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Applies to: Proposed exhibits
Must include: physical binder, electronic format ?

Each party shall file with the Court: Copies of the proposed exhibits in a suitable binder and in electronic format.

Summary: Each party must file proposed exhibits in suitable binder and electronic format one week before trial.

Judge Carol Bagley Amon

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Applies to: Legal memoranda
Must include: contested legal issues, anticipated evidentiary problems ?

Counsel for each party shall provide the Court with legal memoranda addressing all contested legal issues and anticipated evidentiary problems.

Summary: Each party must provide legal memoranda on contested legal issues and anticipated evidentiary problems one week before trial.

Judge Carol Bagley Amon

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Applies to: Jury charge requests ?
Must include: written requests

Each party shall submit written requests to charge the jury.

Summary: Each party must submit written jury charge requests one week before trial.

Judge Carol Bagley Amon

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Applies to: Legal memoranda
Must include: contested legal issues, anticipated evidentiary problems ?

Counsel for each party shall provide the Court with legal memoranda addressing all contested legal issues and anticipated evidentiary problems.

Summary: Each party must provide legal memoranda on contested legal issues and anticipated evidentiary problems one week before trial.

Judge Carol Bagley Amon

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Applies to: Jury charge requests ?
Must include: written requests

Each party shall submit written requests to charge the jury.

Summary: Each party must submit written jury charge requests one week before trial.

Judge Carol Bagley Amon

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Applies to: Amended or supplemented pleading ?

Attach a redline comparison (or equivalent) as an exhibit.

Summary: Amended or supplemented pleadings must include a redline comparison exhibit (or equivalent).

Judge Diane Gujarati

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Applies to: Submission citing record material ?

Required for any submission that cites record material.

Summary: Any submission citing record material must include evidentiary citations.

Judge Diane Gujarati

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Applies to: Memoranda of law ?

Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.

Summary: Memoranda of law must include both a table of contents and a table of authorities.

Judge Diane Gujarati

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Applies to: Pretrial order
Must include: proposed order ?

File a proposed joint Pretrial Order. (If dispositive motion pending, proposed joint Pretrial Order due thirty (30) days after resolution of motion.)

Summary: A proposed joint pretrial order is required, with a timing carveout when a dispositive motion is pending.

Judge Diane Gujarati

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Applies to: Trial submissions ?

File requests to charge, proposed verdict sheets, and proposed voir dire questions.

Summary: Parties must file requests to charge, proposed verdict sheets, and proposed voir dire questions in advance of trial.

Judge Diane Gujarati

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Applies to: Exhibits

Provide the Court with three (3) tabbed binders containing copies of all exhibits and provide exhibit list.

Summary: An exhibit list must be provided with the trial exhibit binders.

Judge Diane Gujarati

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Applies to: Proposed findings conclusions ?

File proposed findings of fact and conclusions of law no later than ten (10) days post-trial; no responses permitted.

Summary: In non-jury civil and criminal trials, proposed findings of fact and conclusions of law are required within ten days after trial, and responses are not allowed.

Judge Diane Gujarati

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Applies to: Adjournment or extension request ?

Any request for relief from the Court, including a request for an adjournment or extension of time, must be filed as a “motion” on ECF.

Summary: Requests for adjournments or extensions must be filed on ECF as motions.

Judge Diane Gujarati

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Applies to: Amended or supplemented pleading

Except for pro se parties, any party filing an amended or supplemented pleading shall attach as an exhibit to the filing a redline comparison (or equivalent) against the prior filing.

Summary: Represented parties filing amended or supplemented pleadings must attach a redline comparison exhibit against the prior filing.

Judge Diane Gujarati

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Applies to: Proposed briefing schedule

In cases where one or more parties are proceeding pro se, the parties shall, in lieu of requesting a pre-motion conference, jointly file a proposed briefing schedule for any Daubert motion or motion pursuant to Fed. R. Civ. P. 12 or 56. Filing of a proposed briefing schedule within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.

Summary: In pro se cases, parties must jointly file a proposed briefing schedule instead of requesting a pre-motion conference for Daubert, Rule 12, and Rule 56 motions.

Judge Diane Gujarati

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Applies to: Motion papers

On the day the motion is fully briefed, the movant shall electronically file all of the parties’ motion papers. Separate docket entries should be used for each party’s papers and a separate docket entry should be used for any reply brief.

Summary: Once fully briefed, the movant must file all motion papers with separate docket entries for each party and for any reply brief.

Judge Diane Gujarati

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Applies to: Memorandum of law ?

Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.

Summary: Memoranda must include both a table of contents and a table of authorities.

Judge Diane Gujarati

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Applies to: Submission

Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.

Summary: Any submission citing record material must include specific evidentiary citations, including transcript pages.

Judge Diane Gujarati

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Applies to: Extension request ?

Any request for extension of the deadline for filing objections or responses to objections shall be addressed to Judge Gujarati rather than to the Magistrate Judge.

Summary: Deadline extension requests for objections or responses must be directed to Judge Gujarati, not the Magistrate Judge.

Judge Diane Gujarati

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Applies to: Proposed pretrial order

Unless otherwise ordered by the Court, the parties shall jointly submit to the Court a proposed Pretrial Order within thirty (30) days after the completion of discovery in a civil case or, if dispositive motions remain pending, within thirty (30) days after the Court resolves all such motions.

Summary: Parties must jointly submit a proposed pretrial order within 30 days of discovery completion or within 30 days after dispositive motions are resolved.

Judge Diane Gujarati

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Applies to: Joint pretrial order ?
Must include: caption

1. Caption. The full caption of the action.

Summary: Joint pretrial orders must include the full caption.

Judge Diane Gujarati

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Applies to: Joint pretrial order ?

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

Summary: Joint pretrial orders must list trial counsel names, firm names, addresses, and phone numbers.

Judge Diane Gujarati

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Applies to: Joint pretrial order ?

3. Jurisdiction. A brief statement by the plaintiff explaining the basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on and (ii) relevant facts concerning citizenship and jurisdictional amount.

Summary: Joint pretrial orders must contain specified plaintiff and defendant jurisdiction statements with legal and factual citations.

Judge Diane Gujarati

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Applies to: Joint pretrial order ?

4. Claims and Defenses. A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters. The summaries shall also identify all claims and defenses previously asserted which will not be tried.

Summary: Joint pretrial orders must summarize remaining claims and defenses with statutory citations and identify previously asserted claims/defenses that will not be tried.

Judge Diane Gujarati

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Applies to: Joint pretrial order ?

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

Summary: Joint pretrial orders must state jury vs. bench trial position and estimated trial days.

Judge Diane Gujarati

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Applies to: Joint pretrial order ?

6. Consent to Trial by a 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: Joint pretrial orders must include a magistrate-consent statement without identifying which parties did or did not consent.

Judge Diane Gujarati

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Applies to: Joint pretrial order ?

7. Statement of Relief Sought. A detailed statement of the damages and other relief sought by the plaintiff.

Summary: Joint pretrial orders must include a detailed plaintiff statement of damages and other relief sought.

Judge Diane Gujarati

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Applies to: Change of plea hearing request ?

Any request to schedule a change of plea hearing shall be accompanied by an elements sheet and any relevant agreement and/or penalty sheet.

Summary: A request to schedule a change-of-plea hearing must include an elements sheet and any relevant agreement or penalty sheet.

Judge Diane Gujarati

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Applies to: Jury instructions ?

The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed-upon requests to charge and, where no agreement is reached, each party’s proposed charge and/or one party’s proposed charge with an explanation of any other party’s objection to that charge.

Summary: Parties must file a single joint requests-to-charge submission that includes agreed charges and identifies disputed proposals with objections.

Judge Diane Gujarati

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Applies to: Proposed findings conclusions ?

In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than ten (10) days after the conclusion of trial. Responses to such submissions are not permitted.

Summary: In non-jury trials, parties must file proposed findings of fact and conclusions of law within ten days after trial, and responses are not allowed.

Judge Diane Gujarati

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Applies to: Sentencing memorandum

If applicable, the Government’s sentencing memorandum shall address restitution. The Government shall also advise the Court if a victim will be making a victim impact statement.

Summary: When applicable, the Government’s sentencing memorandum must address restitution and state whether a victim will give a victim impact statement.

Judge Diane Gujarati

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Applies to: Certificate of service
Must include: certificate of service

Provide pro se litigants with a copy of this Court’s Individual Practice Rules and file a certificate of service as early as practicable in the litigation.

Summary: Counsel must provide pro se litigants a copy of the Court’s Individual Practice Rules and promptly file a certificate of service.

Judge Diane Gujarati

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Civil cases

Applies to: Filing served on pro se litigant ?
Must include: certificate of service ?

Parties represented by counsel in cases where the opposing party is proceeding pro se must comply with the following: (1) file documents electronically; (2) mail a hard copy of the documents to the pro se litigant; (3) file proof of such service within five days of the issuance of an order to serve a pro se litigant;

Summary: Counsel in cases against a pro se opponent must mail hard copies to the pro se litigant and file proof of service within five days of the service order.

Judge Dora L. Irizarry

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Civil cases

Applies to: Deposition transcript for summary judgment motion ?

When filing a deposition, the full deposition transcript, and not excerpts, must be submitted.

Summary: For summary judgment motion filings, parties must submit full deposition transcripts rather than excerpts.

Judge Dora L. Irizarry

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Civil cases

Applies to: Default judgment motion ?
Must include: certificate of service ?

Once the notation of default is entered, Plaintiff must move for default judgment by submitting a notice of motion, any necessary affirmations and exhibits, and a memorandum of law (not to exceed 25 pages), setting forth the grounds for awarding damages, attorneys’ fees and costs, and file proof of service thereof to the defaulting party or parties.

Summary: A default judgment motion must include specific motion papers and proof of service on the defaulting party.

Judge Dora L. Irizarry

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Civil cases

Applies to: Summary judgment motion ?

With respect to motions for summary judgment, the moving party must submit a cover letter and an index listing the documents submitted to the Court, and, in all other respects, comply with Federal Rules of Civil Procedure 56 and Local Civil Rule 56.1. Motions that do not comply with this rule will be rejected.

Summary: Summary judgment movants must file a cover letter and document index and comply with Rule 56 and Local Civil Rule 56.1 or risk rejection.

Judge Dora L. Irizarry

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Civil cases

Applies to: Joint proposed pretrial order ?

The JPTO must conform to the format of the attached template [which may be accessed by clicking here] and include, precisely and concisely, the information set forth in items (I) – (VIII) below, labeled with the corresponding numbered headings: (DO NOT LIST THE INFORMATION IN A SEPARATE DOCUMENT ATTACHED TO THE TEMPLATE)

Summary: The joint proposed pretrial order must use the court template and include required numbered sections within the template itself.

Judge Dora L. Irizarry

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Civil cases

Applies to: Joint proposed pretrial order ?

I. The full names, addresses (including e-mail addresses), and telephone and fax numbers of all trial counsel.

Summary: The JPTO must include complete contact information for all trial counsel, including email, phone, and fax.

Judge Dora L. Irizarry

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Civil cases

Applies to: Joint proposed pretrial order ?

II. A brief statement by the plaintiff as to the basis of subject matter jurisdiction, and a brief statement by other parties as to the presence or absence of subject matter jurisdiction. Such statements must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount. As noted in Section III below, if a party believes subject matter jurisdiction is lacking, that must be raised in a dispositive motion BEFORE filing the JPTO.

Summary: The JPTO must contain party jurisdiction statements with statutory citations and jurisdictional facts, and jurisdictional defects must be raised by dispositive motion before JPTO filing.

Judge Dora L. Irizarry

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Civil cases

Applies to: Joint proposed pretrial order ?

III. A brief summary by each party of the claims and defenses such party has asserted that REMAIN to be tried, including citations to all statutes relied upon, without reciting evidentiary matter. The brief summary also should include a detailed statement, by claim, regarding damages and other relief sought. Such summaries must identify all claims and defenses previously asserted that are not to be tried. DO NOT RECITE THE ENTIRE PROCEDURAL HISTORY OF THE CASE.

Summary: The JPTO must summarize remaining claims/defenses with statutory citations and damages detail, identify abandoned claims/defenses, and omit full procedural history.

Judge Dora L. Irizarry

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Civil cases

Applies to: Pretrial submission ?

Unless otherwise ordered by the Court, the parties must submit the following at least fifteen (15) days before the commencement of trial: A. Proposed voir dire questions, jury instructions, and verdict sheet with any special interrogatories, which will be discussed with the parties at the pretrial conference.

Summary: Unless the Court orders otherwise, parties must submit proposed voir dire questions, jury instructions, and a verdict sheet at least 15 days before trial.

Judge Dora L. Irizarry

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Civil cases

Applies to: Non jury pretrial submission ?

In non-jury cases, each party shall submit a statement of the elements of each claim and defenses involving each claim together with a summary of the facts relied upon to establish each element.

Summary: In non-jury cases, each party must submit claim/defense elements and a supporting factual summary.

Judge Dora L. Irizarry

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Applies to: Sealed submission ?

Parties must set forth the reasons why sealing is appropriate under the circumstances.

Summary: A sealing request must include reasons justifying sealing.

Judge Edward R. Korman

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Applies to: Proposed order stipulation judgment ?

All proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to a letter to the Court explaining the purpose of the document.

Summary: Proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to an explanatory letter to the Court.

Judge Edward R. Korman

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Applies to: Adjournment or extension request ?
Must include: proposed order ?

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 deadlines, a proposed revised scheduling order must be attached.

Judge Edward R. Korman

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Applies to: Motion

If a party avails itself of the exception set forth in IV(c)(i), the motion shall be filed together with an explanation of the basis for its conclusion that delay would deprive it of a substantive right.

Summary: A motion filed under the IV(c)(i) exception must include an explanation that delay would deprive the party of a substantive right.

Judge Edward R. Korman

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Applies to: Notice of motion

A notice of motion and all supporting papers must be served on other parties along with a cover letter setting forth the identity of the movant and the nature of the papers being served. A copy of the cover letter must also be filed electronically.

Summary: Motion papers must be served with a cover letter identifying the movant and paper type, and that cover letter must also be e-filed.

Judge Edward R. Korman

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Applies to: Proposed charges
Must include: chambers submission, word processing files ?

Word-processing files of proposed charges should be submitted to chambers pursuant to Part II, Section C of these Rules.

Summary: Word-processing files of proposed charges must be submitted to chambers.

Judge Eric R. Komitee

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Applies to: Adjournment request ?
Must include: reason for request ?

All requests must state: a. The date of the existing deadline; b. the reason for the request;

Summary: Adjournment/extension requests must state existing deadline date and reason for request.

Judge Eric R. Komitee

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Applies to: Proposed order
Must include: proposed order

Proposed orders, jury instructions, and other submissions that a party would like the Court to adopt should be emailed to chambers in Microsoft Word format and filed on ECF in PDF.

Summary: Proposed orders must be emailed to chambers in Word format and filed on ECF in PDF.

Judge Eric R. Komitee

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Applies to: Motion to amend complaint ?

A motion to amend a complaint must attach as exhibits the proposed amended complaint in both a clean version and a blackline against the operative complaint.

Summary: Motion to amend must include clean and blackline versions of proposed amended complaint.

Judge Eric R. Komitee

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Applies to: Brief ?

Memoranda must contain a table of contents and a table of authorities.

Summary: Memoranda must include table of contents and table of authorities.

Judge Eric R. Komitee

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Applies to: Brief ?
Must include: date of service

Memoranda also must have the date of service plainly visible on the front cover.

Summary: Date of service must be plainly visible on front cover of memoranda.

Judge Eric R. Komitee

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Applies to: Joint pre trial order
Must include: certificate of conference ?

The parties must meet and confer prior to filing the Joint Pre-Trial Order in an effort to resolve all objections without the Court's intervention.

Summary: Parties must meet and confer to resolve objections before filing Joint Pre-Trial Order.

Judge Eric R. Komitee

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Applies to: Joint pre trial order
Must include: exhibit list ?

Except for good cause shown, only exhibits listed in the Joint Pre-Trial Order will be received in evidence.

Summary: Only exhibits listed in Joint Pre-Trial Order will be admitted, except for good cause.

Judge Eric R. Komitee

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Applies to: Joint pre trial order ?
Must include: exhibit objections ?

The parties must list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party.

Summary: Parties must list and describe objections to other parties' exhibits in Joint Pre-Trial Order.

Judge Eric R. Komitee

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Applies to: Joint pre trial order
Must include: proposed findings of fact, proposed conclusions of law ?

In all non-jury cases, the parties shall file proposed findings of fact and conclusions of law with the Joint Pre-Trial Order.

Summary: Non-jury cases must file proposed findings of fact and conclusions of law with Joint Pre-Trial Order.

Judge Eric R. Komitee

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Applies to: Proposed findings of fact

The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

Summary: Proposed findings of fact must be detailed with citations to testimony and exhibits.

Judge Eric R. Komitee

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Applies to: Proposed findings of fact and conclusions of law ?
Must include: pdf format, word format, email submission ?

At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

Summary: Proposed findings and conclusions must be emailed to Court in both PDF and Word formats.

Judge Eric R. Komitee

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Applies to: Jury trial preparation ?
Must include: requests to charge, proposed verdict sheets, proposed voir dire questions ?

Each party shall file the following fourteen days before the commencement of jury selection: Requests to charge, proposed verdict sheets and proposed voir dire questions in jury cases.

Summary: Requests to charge, verdict sheets, and voir dire questions must be filed 14 days before jury selection.

Judge Eric R. Komitee

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Applies to: Requests to charge
Must include: joint document, proposed edits, agreed requests +1 more ?

The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed upon requests to charge and, where no agreement is reached, each party's proposed edits with an explanation of the other party's objection.

Summary: Parties must submit joint document with agreed requests to charge and each party's proposed edits.

Judge Eric R. Komitee

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Applies to: Proposed instructions
Must include: source citation, pattern instruction citation, footnote non pattern language +1 more ?

Each proposed instruction should indicate the source from which it is taken, including pattern instructions. All language taken from a source other than a pattern instruction should be footnoted, with the note stating the specific authority for that particular language.

Summary: Proposed instructions must cite sources and footnote non-pattern language.

Judge Eric R. Komitee

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Applies to: Trial exhibits ?
Must include: pre marked, exchanged with other parties ?

All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection (or, in the case of a bench trial, before opening statements).

Summary: Exhibits must be pre-marked and exchanged 10 days before jury selection or bench trial opening.

Judge Eric R. Komitee

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Applies to: Exhibits
Must include: electronic presentation meeting ?

The parties should be prepared to display evidence electronically if they intend to offer more than ten exhibits at trial. Any party intending to present exhibits in digital form must meet with the Court’s Case Manager at least five days prior to the commencement of the trial to review the available equipment for the presentation of digital evidence. Counsel should be accompanied by any audio-visual personnel who will be operating any equipment that will be used at trial. Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.

Summary: Parties offering more than 10 exhibits must meet with Case Manager 5 days before trial for electronic presentation setup.

Judge Eric R. Komitee

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Applies to: Witness examination ?
Must include: copies for court, copies for court reporter, copies for opposing counsel ?

If counsel anticipates that a witness will refer to documentary evidence not previously exchanged, counsel should have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.

Summary: Counsel must provide copies of unexchanged documentary evidence to opposing counsel, court reporter, and Court.

Judge Eric R. Komitee

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Applies to: Witness list ?
Must include: witness roles, motions in limine relevance ?

At or before 7:00 p.m. the evening prior to each trial day, the party presenting its case shall provide a list of all witnesses that may testify that following day. The list should state the witness’s title or role in the case (for example, “Case Agent,” “former Chief Operating Officer,” etc.). The document should also indicate whether any unresolved motions in limine will be relevant to any listed witness’s testimony.

Summary: Parties must provide witness list by 7:00 p.m. the evening before each trial day, including roles and relevance of unresolved motions in limine.

Judge Eric R. Komitee

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Applies to: Withdrawal of counsel ?
Must include: attendance of both counsel ?

Both the counsel seeking to withdraw and proposed replacement counsel must attend any proceedings where the Court is considering a motion pursuant to Local Rule 1.4 for withdrawal or substitution.

Summary: Both withdrawing counsel and proposed replacement must attend proceedings for withdrawal/substitution motions.

Judge Eric R. Komitee

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Applies to: Habeas corpus ?
Must include: clear document labels, individual ecf filings, state court record filing deadline ?

The respondent shall electronically file the state court record within 60 days of the filing of the petition. Each item should be filed individually on ECF, and labeled so that the document is readily identifiable – for example, “Exhibit A – Suppression Hearing Transcript,” and not “Exhibit A State Court Record.”

Summary: Respondent must file state court record within 60 days of petition, with individual ECF filings and clear labels.

Judge Eric R. Komitee

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Applies to: Notice of motion

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 represent and the papers being served. A copy of the cover letter only is to be electronically filed.

Summary: Motion service must include a cover letter identifying representation and served papers, and only the cover letter copy is to be electronically filed.

Judge Frederic Block

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Applies to: Motion papers

The moving party shall be responsible for filing all motion papers via ECF.

Summary: The moving party is responsible for filing all motion papers through ECF.

Judge Frederic Block

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Applies to: Joint pretrial order

If the Court determines a joint pre-trial order is needed, then the joint pretrial order shall include the following:

Summary: A joint pretrial order is required when the Court determines one is needed.

Judge Frederic Block

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Applies to: Joint pretrial order ?
Must include: caption

i. The full caption of the action.

Summary: The joint pretrial order must include the full caption.

Judge Frederic Block

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Applies to: Joint pretrial order ?

ii. The names, addresses (including firm names), and telephone and fax numbers of trial counsel.

Summary: The joint pretrial order must list trial counsel names, addresses, and phone and fax numbers.

Judge Frederic Block

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Applies to: Joint pretrial order ?

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. 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 party jurisdiction statements with supporting statutes and jurisdictional facts.

Judge Frederic Block

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Applies to: Joint pretrial order ?

viii. A list by each party as to the fact and expert witnesses whose testimony is to be offered in its case in chief, indicting whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown.

Summary: Each party must list its fact and expert witnesses and only listed witnesses may testify absent prompt notice and good cause.

Judge Frederic Block

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Applies to: Exhibits

(3) All exhibits must be pre-marked for the trial and exchanged with the other parties at least ten days before trial.

Summary: Exhibits must be pre-marked and exchanged at least ten days before trial.

Judge Frederic Block

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Applies to: Pretrial filings ?

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;

Summary: Pretrial filings are due 15 days before trial, or 30 days after the final pretrial order if no trial date is set.

Judge Frederic Block

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Applies to: Jury instructions ?

i. On the Thursday before trial in jury cases, requests to charge and proposed voir dire questions.

Summary: In jury cases, requests to charge and proposed voir dire questions must be filed on the Thursday before trial.

Judge Frederic Block

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Applies to: Pretrial statement ?

ii. By claim, a detailed statement regarding damages and other relief sought;

Summary: Each party must file a claim-by-claim detailed statement of damages and other requested relief.

Judge Frederic Block

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Applies to: Non jury pretrial statement ?

iii. 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: In non-jury cases, parties must file claim-and-defense element statements with supporting factual summaries.

Judge Frederic Block

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Applies to: Motion in limine ?

iv. In all cases, motions addressing any evidentiary or other issues which should be resolved in limine; and

Summary: Parties must file motions in limine addressing evidentiary or other issues that should be resolved before trial.

Judge Frederic Block

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Applies to: Adjournment or extension request ?

Any such request shall be designated as a “Motion” on ECF even if made in the form of a letter or a joint stipulation with a proposed order, and the ECF entry line must identify the nature of the request as related to an adjournment or extension.

Summary: Adjournment or extension requests must be docketed as motions and clearly labeled as adjournment/extension requests in the ECF entry.

Judge Hector Gonzalez

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Applies to: Adjournment or extension request ?
Must include: proposed order

In criminal matters, if a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, it must confer with the opposing party and indicate in its letter-motion whether the parties consent. The party seeking exclusion must include in its request for adjournment or extension facts that would permit the Court to make an independent finding whether or not to exclude time in conformance with 18 U.S.C. § 3161, and must also submit to the Court a proposed order excluding time under the Speedy Trial Act.

Summary: Speedy Trial Act exclusion requests in criminal cases must include conferral/consent information, supporting facts, and a proposed exclusion order.

Judge Hector Gonzalez

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Applies to: Notice of appearance

Any attorney appearing before the Court must enter a notice of appearance on ECF.

Summary: Any attorney who appears must file a notice of appearance on ECF.

Judge Hector Gonzalez

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Applies to: Motion

All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “Motion” on ECF. In addition, the ECF entry line must designate the subject matter of the letter or motion (e.g., “Letter motion requesting extension of time to respond to interrogatories”) not simply “Letter.”

Summary: Any request for relief must be docketed as a Motion, and the ECF entry must state the specific subject matter.

Judge Hector Gonzalez

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Applies to: Pre motion response letter ?

If the movant is seeking to file a motion for summary judgment under Rule 56, the non-movant’s response letter must include the non-movant’s Rule 56.1 opposing statement. The non-movant’s Rule 56.1 opposing statement must respond to the moving party’s Rule 56.1 statement line-by-line as required by the Local Rules.

Summary: A Rule 56 pre-motion response letter must include a line-by-line Rule 56.1 opposing statement.

Judge Hector Gonzalez

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Applies to: Rule 56 1 statement ?

All Rule 56.1 statements and opposing statements filed in connection with a pre-motion letter must reference and attach all relevant exhibits. Citations in a brief or Rule 56.1 statement to an exhibit should reference the exhibit by its exhibit number or letter (i.e. “Exhibit A”) and the page number or Bates number containing the referenced information.

Summary: Rule 56.1 statements in pre-motion practice must attach relevant exhibits and cite them by exhibit identifier and page or Bates number.

Judge Hector Gonzalez

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Applies to: Local rule 56 1 opposition statement ?

Except in pro se cases, the Local Rule 56.1 statement by a party opposing summary judgment shall quote verbatim the moving party’s Local Rule 56.1 statement and shall respond to each allegation in the moving party’s statement immediately beneath each allegation.

Summary: In non-pro se cases, an opposing Rule 56.1 statement must quote each moving-party allegation verbatim and respond directly beneath it.

Judge Hector Gonzalez

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Applies to: Release or detention order appeal motion ?

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.

Summary: A motion appealing a magistrate judge’s release or detention order must include the transcript from the magistrate proceeding.

Judge Hector Gonzalez

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Applies to: Speedy trial exclusion letter ?

At least two business days prior to any status conference, including the initial conference described above, if a party will seek an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, it must provide the Court a letter setting forth sufficient facts that would permit the Court to make an independent finding whether or not to exclude time in conformance with 18 U.S.C. § 3161.

Summary: A party seeking a Speedy Trial Act exclusion must submit a fact-supported letter at least two business days before the status conference.

Judge Hector Gonzalez

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Applies to: Filing

In a multi-defendant case, all filings must designate the defendant or defendants, and only the defendant or defendants, as to whom the filing pertains.

Summary: In multi-defendant criminal cases, each filing must identify exactly which defendant(s) it concerns.

Judge Hector Gonzalez

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Applies to: Joint pretrial order

Unless otherwise ordered by the Court, the parties shall submit to the Court a proposed joint pretrial order either: (a) within 60 days of the completion of fact or expert discovery, whichever occurs later; or (b) if a summary judgment motion has been filed, within 30 days after a decision on such motion.

Summary: Parties must submit a proposed joint pretrial order within 60 days after discovery completion or, if summary judgment was filed, within 30 days after that decision unless the Court orders otherwise.

Judge Hector Gonzalez

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Applies to: Joint pretrial order ?
Must include: caption

Caption. The full caption of the action.

Summary: The joint proposed pretrial order must contain the full case caption.

Judge Hector Gonzalez

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Applies to: Joint pretrial order ?

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

Summary: The joint proposed pretrial order must list trial counsel names, firm/address information, and phone numbers.

Judge Hector Gonzalez

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Applies to: Joint pretrial order ?

Jurisdiction. A brief statement by the plaintiff explaining the basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject matter jurisdiction.

Summary: The joint proposed pretrial order must include plaintiff and defendant statements addressing subject matter jurisdiction.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

Claims and Defenses. A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters.

Summary: Each party must provide a brief summary of remaining claims and defenses with statutory citations, without reciting evidentiary matter.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

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: Each party must state whether trial is jury or bench and estimate trial length in days.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

Consent to Trial by a 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 pretrial submission must state whether all parties consent to magistrate trial, without identifying which parties did or did not consent.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

Witnesses. A list of fact and expert witnesses whose testimony is to be offered in each party’s case in chief, along with the address of each witness and 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 upon good cause shown.

Summary: Each party must list fact and expert witnesses with addresses and expected testimony, and unlisted witnesses are barred absent prompt notice and good cause.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

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: Each party must designate deposition testimony for its case in chief, including cross-designations and objections.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

Stipulations. A statement of stipulated facts, if any.

Summary: The pretrial submission must include a statement of stipulated facts if any exist.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

Exhibits. A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them.

Summary: Parties must include an exhibit schedule identifying exhibits and the offering party if not stipulated into evidence.

Judge Hector Gonzalez

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Applies to: Exhibits

The plaintiff’s exhibits must be identified with numbers using the prefix “PX,” and the defendant’s exhibits must be identified with numbers using the prefix “DX.” Except for good cause shown, only exhibits listed will be received in evidence.

Summary: Plaintiff exhibits must use PX numbering and defendant exhibits must use DX numbering, and only listed exhibits are admissible absent good cause.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

Motions in Limine. A list of motions in limine each party intends to file (pursuant to the deadline set forth in Section VI.C.1, below), with a brief description of each such motion.

Summary: The pretrial order must include each party’s intended motions in limine with brief descriptions.

Judge Hector Gonzalez

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Applies to: Request to exceed page limits ?

Requests to file memoranda exceeding the page limits set forth herein must be made in writing three business days prior to the due date.

Summary: Any request to exceed memorandum page limits must be submitted in writing at least three business days before the due date.

Judge Hector Gonzalez

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Applies to: Sentencing memorandum ?

Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.

Summary: Sentencing memoranda and objections to the Presentence Report must be provided to Probation.

Judge Hector Gonzalez

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Applies to: Violation of supervised release guilty plea notice ?

The Court will not accept a guilty plea on a violation of supervised release without 24 hours’ notice of the intent to plead, specifying the violations as to which the defendant intends to plead guilty.

Summary: A guilty plea on a supervised release violation requires at least 24 hours notice specifying the violations.

Judge Hector Gonzalez

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Applies to: Proposed findings conclusions ?

In all non-jury trials, parties must file proposed findings of fact and conclusions of law no later than 10 business days after the conclusion of trial, unless otherwise ordered by the Court. Responses to such submissions are not permitted.

Summary: In non-jury trials, parties must file proposed findings and conclusions within 10 business days after trial, and responses are not allowed.

Judge Hector Gonzalez

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Applies to: All
Must include: notice of electronic filing ?

All documents MUST be filed electronically. Questions regarding ECF should be directed to (718) 613-2312. Instructions for the use of ECF are available from the district court's website: http://www.nyed.uscourts.gov/forms/all-forms/ecf_instructions.

Summary: All documents must be filed electronically via ECF system.

Judge I. Leo Glasser

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Applies to: Motion

All other motions shall consist of: 1. A notice of motion together with a. supporting submissions; b. memorandum of law; 2. the responsive papers together with a. supporting submissions; b. memorandum of law; and 3. the reply papers, if any, together with a. supporting submissions; b. memorandum of law.

Summary: Motions must include notice, supporting submissions, and memorandum of law for each filing.

Judge I. Leo Glasser

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Applies to: Motion ?

Sur-reply papers shall not be filed.

Summary: Sur-reply papers are not permitted.

Judge I. Leo Glasser

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Applies to: Default judgment
Must include: clerk notation of default ?

No default judgment will be considered until the Clerk of Court has entered a notation of default.

Summary: Default judgment requires Clerk's notation of default.

Judge I. Leo Glasser

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Applies to: Sealed submission ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Letter ?
Must include: caption, judge name, case number ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Conference request letter ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Adjournment or extension request ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Pre motion conference request ?

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 counter statement

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 reply statement

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: Pre motion letter

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: Motion to amend pleading ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Sealed submission ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Letter ?
Must include: caption, judge name, case number ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Conference request letter ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Adjournment or extension request ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Pre motion conference request ?

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 counter statement

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 reply statement

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: Pre motion letter

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: Motion to amend pleading ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint deposition transcript appendix

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.

Judge Kiyo A. Matsumoto

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Applies to: Request for oral argument letter ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?
Must include: caption

1. Caption: The full caption of the action.

Summary: The Joint Pretrial Order must include the full case caption.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion

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.

Judge Kiyo A. Matsumoto

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order

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.

Judge Kiyo A. Matsumoto

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order

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.

Judge Kiyo A. Matsumoto

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Applies to: Exhibits

(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.

Judge Kiyo A. Matsumoto

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Applies to: Ecf confirmation ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Jury instructions ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Non jury statement ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Pretrial memorandum

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

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

Judge Kiyo A. Matsumoto

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Applies to: Objections to jury charges and verdict forms ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Pretrial filings

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.

Judge Kiyo A. Matsumoto

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Applies to: Proposed findings conclusions ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Related papers

Related papers filed via ECF must clearly indicate the manner in which the exhibits were filed.

Summary: Related ECF papers must state how associated non-text exhibits were filed.

Judge LaShann DeArcy Hall

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Applies to: Motion for leave to file under seal

The proposed sealed document(s) should be attached to the motion for leave to file under seal.

Summary: A motion for leave to seal must include the proposed sealed document as an attachment.

Judge LaShann DeArcy Hall

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Applies to: Motion for summary judgment ?

summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1.

Summary: A motion for summary judgment must include a Local Civil Rule 56.1 statement.

Judge LaShann DeArcy Hall

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Applies to: Pre motion letter or memorandum of law

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: Pre-motion letters and memoranda for summary judgment must cite relevant 56.1 statement paragraphs for material facts.

Judge LaShann DeArcy Hall

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Applies to: Opposition 56 1 statement ?

Except for pro se parties, a party’s opposition to an opening 56.1 statement must quote, verbatim, the opening 56.1 statement, including all citations, and respond to the moving party’s statements of fact immediately beneath each statement.

Summary: Non-pro-se parties must quote and respond to each opening 56.1 fact statement verbatim and directly beneath each statement.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Opposition 56 1 statement ?

If an opposing party chooses to include additional materials facts alleged to be in dispute, they must do so in a separately titled but consecutively numbered section.

Summary: Additional disputed material facts in an opposition 56.1 statement must appear in a separately titled, consecutively numbered section.

Judge LaShann DeArcy Hall

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Applies to: Reply 56 1 statement ?

A moving party’s reply 56.1 statement must quote, verbatim, the opposing party’s 56.1 statement, including all citations. A moving party’s reply statement may only respond to the opposing party’s 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: Reply 56.1 statements must quote the opposing statement verbatim, respond only to additional material facts, and may not add new material facts.

Judge LaShann DeArcy Hall

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Applies to: 56 1 statement ?

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 assert a material undisputed fact rather than describe evidence.

Judge LaShann DeArcy Hall

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Applies to: 56 1 statement ?

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

Summary: 56.1 statements may include only facts that can be established by direct evidence.

Judge LaShann DeArcy Hall

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Applies to: 56 1 statement ?

Any evidence cited in a party’s 56.1 statement must be attached as an exhibit to a declaration and filed along with a party’s 56.1 statement.

Summary: Evidence cited in a 56.1 statement must be attached as declaration exhibits and filed with the 56.1 statement.

Judge LaShann DeArcy Hall

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Applies to: Motion papers

All motion papers must be served with a cover letter stating whom the serving party represents and the papers being served.

Summary: Motion papers must include a cover letter identifying whom counsel represents and what papers are being served.

Judge LaShann DeArcy Hall

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Applies to: Request to exceed page limits ?

Requests to file memoranda exceeding the page limits set forth herein must clearly state the basis for the request and will only be granted for good cause shown. Any such requests must be made in writing at least five (5) business days prior to the relevant memorandum’s due date,

Summary: Requests to exceed memorandum page limits must state the basis, show good cause, and be filed in writing at least 5 business days before the due date.

Judge LaShann DeArcy Hall

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Applies to: Memorandum ?

Memoranda must have the date of service plainly visible on the front cover.

Summary: Memoranda must display the date of service on the front cover.

Judge LaShann DeArcy Hall

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Applies to: Memorandum ?

Memoranda must contain a table of contents and a table of authorities.

Summary: Memoranda must include both a table of contents and a table of authorities.

Judge LaShann DeArcy Hall

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Applies to: Memorandum ?

Memoranda must be filed with all exhibits cited therein, regardless of whether any such exhibits have already been submitted to the Court in a prior filing.

Summary: Memoranda must be filed with all cited exhibits even if those exhibits were previously filed.

Judge LaShann DeArcy Hall

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Applies to: Summary judgment memorandum ?

Summary-judgment memoranda must cite to both a Rule 56.1 statement and the evidence cited in the applicable Rule 56.1 statement.

Summary: Summary-judgment memoranda must cite both the Rule 56.1 statement and the evidence cited in that statement.

Judge LaShann DeArcy Hall

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Applies to: Discovery appeal letter ?

Such letter must set forth the specific aspects of the Magistrate Judge’s determination that are being challenged.

Summary: The discovery-appeal letter must identify the specific parts of the magistrate judge’s determination being challenged.

Judge LaShann DeArcy Hall

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Applies to: Joint pretrial order ?
Must include: caption

Caption: the full caption of the action;

Summary: The joint pretrial order must include the full case caption.

Judge LaShann DeArcy Hall

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Applies to: Joint pretrial order ?

Parties and Counsel: the names of the parties and their counsel, including firm names, addresses, telephone, and trial counsel’s fax numbers;

Summary: The joint pretrial order must list party and counsel information, including firm, address, phone, and trial counsel fax numbers.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

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 must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;

Summary: The joint pretrial order must include jurisdiction statements from all parties with citations to statutes and relevant citizenship and amount facts.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order

Claims and Defenses: a brief summary by each party of the elements of the claims and defenses that party asserted that remain to be tried, without recital of evidentiary matter, and including citations to all statutes relied on – the parties waive all claims and defenses not set forth in the joint pretrial order;

Summary: The joint pretrial order must summarize remaining claims and defenses with statutory citations, and omitted claims or defenses are waived.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

Damages: a detailed statement regarding damages and other relief sought for each claim;

Summary: The joint pretrial order must include a detailed statement of damages and other relief sought for each claim.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order

Witnesses: a list of the names and addresses of all witnesses, including impeachment or rebuttal witnesses, together with a brief statement of the expected testimony of each witness, and a brief description of the bases for and responses to any objections to a witness – only witnesses listed in the joint pretrial order will be permitted to testify except when prompt notice of any additional witness is given and good cause shown;

Summary: The joint pretrial order must include detailed witness disclosures, and generally only listed witnesses may testify unless prompt notice and good cause are shown.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order

Except for good cause shown, only exhibits listed in the joint pretrial order will be received in evidence.

Summary: Only exhibits listed in the joint pretrial order are admissible absent good cause.

Judge LaShann DeArcy Hall

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Applies to: Jury materials

Jury Materials: voir dire questions, jury instructions, and verdict sheets – these materials must be filed via ECF, as well as submitted in accordance with Section II.C’s specifications for the provision of word processing files for certain submissions.

Summary: Jury materials must be filed on ECF and also submitted in required word-processing format per Section II.C.

Judge LaShann DeArcy Hall

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Applies to: Proposed findings conclusions ?

In non-jury trials, parties must file proposed findings of fact and conclusions of law no later than ten (10) business days after the conclusion of trial. Responses to such submissions are not permitted.

Summary: In non-jury civil trials, proposed findings and conclusions are due within 10 business days after trial and no responses are allowed.

Judge LaShann DeArcy Hall

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Applies to: Jury materials

Jury materials shall include proposed voir dire questions, jury instructions, and verdict sheets. Jury materials must be filed ten (10) business days before the commencement of jury selection.

Summary: Jury materials must include voir dire questions, jury instructions, and verdict sheets, and must be filed ten business days before jury selection.

Judge LaShann DeArcy Hall

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Applies to: Witness list ?

A list of all potential witnesses and any other individuals and entities that may be mentioned at trial must be filed at least ten (10) business days before jury selection.

Summary: A witness/mentioned-person list must be filed at least ten business days before jury selection.

Judge LaShann DeArcy Hall

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Applies to: Related papers

Related papers filed via ECF must clearly indicate the manner in which the exhibits were filed.

Summary: Related ECF papers must state how associated non-text exhibits were filed.

Judge LaShann DeArcy Hall

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Applies to: Motion for leave to file under seal

The proposed sealed document(s) should be attached to the motion for leave to file under seal.

Summary: A motion for leave to seal must include the proposed sealed document as an attachment.

Judge LaShann DeArcy Hall

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Applies to: Motion for summary judgment ?

summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1.

Summary: A motion for summary judgment must include a Local Civil Rule 56.1 statement.

Judge LaShann DeArcy Hall

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Applies to: Pre motion letter or memorandum of law

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: Pre-motion letters and memoranda for summary judgment must cite relevant 56.1 statement paragraphs for material facts.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Opposition 56 1 statement ?

Except for pro se parties, a party’s opposition to an opening 56.1 statement must quote, verbatim, the opening 56.1 statement, including all citations, and respond to the moving party’s statements of fact immediately beneath each statement.

Summary: Non-pro-se parties must quote and respond to each opening 56.1 fact statement verbatim and directly beneath each statement.

Judge LaShann DeArcy Hall

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Applies to: Opposition 56 1 statement ?

If an opposing party chooses to include additional materials facts alleged to be in dispute, they must do so in a separately titled but consecutively numbered section.

Summary: Additional disputed material facts in an opposition 56.1 statement must appear in a separately titled, consecutively numbered section.

Judge LaShann DeArcy Hall

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Applies to: Reply 56 1 statement ?

A moving party’s reply 56.1 statement must quote, verbatim, the opposing party’s 56.1 statement, including all citations. A moving party’s reply statement may only respond to the opposing party’s 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: Reply 56.1 statements must quote the opposing statement verbatim, respond only to additional material facts, and may not add new material facts.

Judge LaShann DeArcy Hall

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Applies to: 56 1 statement ?

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 assert a material undisputed fact rather than describe evidence.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: 56 1 statement ?

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

Summary: 56.1 statements may include only facts that can be established by direct evidence.

Judge LaShann DeArcy Hall

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Applies to: 56 1 statement ?

Any evidence cited in a party’s 56.1 statement must be attached as an exhibit to a declaration and filed along with a party’s 56.1 statement.

Summary: Evidence cited in a 56.1 statement must be attached as declaration exhibits and filed with the 56.1 statement.

Judge LaShann DeArcy Hall

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Applies to: Motion papers

All motion papers must be served with a cover letter stating whom the serving party represents and the papers being served.

Summary: Motion papers must include a cover letter identifying whom counsel represents and what papers are being served.

Judge LaShann DeArcy Hall

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Applies to: Request to exceed page limits ?

Requests to file memoranda exceeding the page limits set forth herein must clearly state the basis for the request and will only be granted for good cause shown. Any such requests must be made in writing at least five (5) business days prior to the relevant memorandum’s due date,

Summary: Requests to exceed memorandum page limits must state the basis, show good cause, and be filed in writing at least 5 business days before the due date.

Judge LaShann DeArcy Hall

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Applies to: Memorandum ?

Memoranda must have the date of service plainly visible on the front cover.

Summary: Memoranda must display the date of service on the front cover.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Memorandum ?

Memoranda must contain a table of contents and a table of authorities.

Summary: Memoranda must include both a table of contents and a table of authorities.

Judge LaShann DeArcy Hall

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Applies to: Memorandum ?

Memoranda must be filed with all exhibits cited therein, regardless of whether any such exhibits have already been submitted to the Court in a prior filing.

Summary: Memoranda must be filed with all cited exhibits even if those exhibits were previously filed.

Judge LaShann DeArcy Hall

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Applies to: Summary judgment memorandum ?

Summary-judgment memoranda must cite to both a Rule 56.1 statement and the evidence cited in the applicable Rule 56.1 statement.

Summary: Summary-judgment memoranda must cite both the Rule 56.1 statement and the evidence cited in that statement.

Judge LaShann DeArcy Hall

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Applies to: Discovery appeal letter ?

Such letter must set forth the specific aspects of the Magistrate Judge’s determination that are being challenged.

Summary: The discovery-appeal letter must identify the specific parts of the magistrate judge’s determination being challenged.

Judge LaShann DeArcy Hall

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Applies to: Joint pretrial order ?
Must include: caption

Caption: the full caption of the action;

Summary: The joint pretrial order must include the full case caption.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

Parties and Counsel: the names of the parties and their counsel, including firm names, addresses, telephone, and trial counsel’s fax numbers;

Summary: The joint pretrial order must list party and counsel information, including firm, address, phone, and trial counsel fax numbers.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

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 must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;

Summary: The joint pretrial order must include jurisdiction statements from all parties with citations to statutes and relevant citizenship and amount facts.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order

Claims and Defenses: a brief summary by each party of the elements of the claims and defenses that party asserted that remain to be tried, without recital of evidentiary matter, and including citations to all statutes relied on – the parties waive all claims and defenses not set forth in the joint pretrial order;

Summary: The joint pretrial order must summarize remaining claims and defenses with statutory citations, and omitted claims or defenses are waived.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

Damages: a detailed statement regarding damages and other relief sought for each claim;

Summary: The joint pretrial order must include a detailed statement of damages and other relief sought for each claim.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order

Witnesses: a list of the names and addresses of all witnesses, including impeachment or rebuttal witnesses, together with a brief statement of the expected testimony of each witness, and a brief description of the bases for and responses to any objections to a witness – only witnesses listed in the joint pretrial order will be permitted to testify except when prompt notice of any additional witness is given and good cause shown;

Summary: The joint pretrial order must include detailed witness disclosures, and generally only listed witnesses may testify unless prompt notice and good cause are shown.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order

Except for good cause shown, only exhibits listed in the joint pretrial order will be received in evidence.

Summary: Only exhibits listed in the joint pretrial order are admissible absent good cause.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Jury materials

Jury Materials: voir dire questions, jury instructions, and verdict sheets – these materials must be filed via ECF, as well as submitted in accordance with Section II.C’s specifications for the provision of word processing files for certain submissions.

Summary: Jury materials must be filed on ECF and also submitted in required word-processing format per Section II.C.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed findings conclusions ?

In non-jury trials, parties must file proposed findings of fact and conclusions of law no later than ten (10) business days after the conclusion of trial. Responses to such submissions are not permitted.

Summary: In non-jury civil trials, proposed findings and conclusions are due within 10 business days after trial and no responses are allowed.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Jury materials

Jury materials shall include proposed voir dire questions, jury instructions, and verdict sheets. Jury materials must be filed ten (10) business days before the commencement of jury selection.

Summary: Jury materials must include voir dire questions, jury instructions, and verdict sheets, and must be filed ten business days before jury selection.

Judge LaShann DeArcy Hall

Machine summary. Not checked yet.CRITICAL?

Applies to: Witness list ?

A list of all potential witnesses and any other individuals and entities that may be mentioned at trial must be filed at least ten (10) business days before jury selection.

Summary: A witness/mentioned-person list must be filed at least ten business days before jury selection.

Judge LaShann DeArcy Hall

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Applies to: Presentence report objections ?

Objections to presentence reports at least 7 days before sentencing. Specify language and paragraph numbers.

Summary: Objections to presentence reports must be filed at least 7 days before sentencing and must specify language and paragraph numbers.

Judge Natasha C. Merle

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Applies to: Proposed order
Must include: proposed order

Proposed orders, jury instructions, findings of fact, conclusions of law, and other writings a party requests that the Court adopt shall be filed on ECF and provided via e-mail, in PDF and Microsoft Word format, to Merle_Chambers@nyed.uscourts.gov.

Summary: Proposed orders and similar documents must be filed on ECF and emailed in PDF and Word format.

Judge Natasha C. Merle

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Applies to: Letter
Must include: caption ?

Any filing styled as a "Letter" shall identify in its ECF header (i) the addressee and (ii) the subject matter. E.g., "Letter to Judge Merle re: Request for Remote Conference."

Summary: Letter filings must identify addressee and subject matter in ECF header.

Judge Natasha C. Merle

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Applies to: Letter ?
Must include: certificate of service ?

All requests for adjournments or extension of time must be in writing and submitted on ECF

Summary: Adjournment and extension requests must be filed in writing on ECF.

Judge Natasha C. Merle

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Applies to: Brief ?

Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities.

Summary: Memoranda of 10 or more pages must include a table of contents and table of authorities.

Judge Natasha C. Merle

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Applies to: Pretrial order
Must include: caption, judge name ?

Unless otherwise ordered by the Court, the parties shall file a proposed joint pretrial order within sixty (60) days of the completion of fact or expert discovery, whichever occurs later. However, if a pre-motion conference letter in anticipation of a summary judgment motion has been filed, the parties shall file a proposed joint pretrial order within thirty (30) days after a decision on the motion for summary judgment.

Summary: Joint pretrial order must be filed within 60 days after discovery closes, or 30 days after summary judgment decision if such motion was pending.

Judge Natasha C. Merle

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Applies to: Pretrial order
Must include: caption

The proposed pretrial order shall include the following: 1. Caption: The full caption of the action. 2. Parties and Counsel: The names (including firm names), addresses, telephone, and email addresses of trial counsel. 3. Statement of the Case: A short statement of the case that can be used for introduction to potential jurors. 4. Jurisdiction: A statement concerning basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on, and (ii) relevant facts concerning citizenship and jurisdictional amount. 5. Claims and Defenses: A brief summary by each party of the elements of the claims and defenses which remain to be tried, including citations to all statutes relied on, with a summary of the facts relied upon to establish each element. 6. Statement of Relief Sought: A detailed statement of the damages and other relief sought by the plaintiff. 7. Jury or Bench Trial; Trial Length; Trial Dates: A statement as to whether the case is to be tried with or without a jury, the number of trial days needed, and proposed trial dates

Summary: Proposed joint pretrial order must include 7 specific sections: caption, parties/counsel, statement of case, jurisdiction, claims/defenses, relief sought, and trial details.

Judge Natasha C. Merle

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Applies to: Pretrial order ?

13. Motions in limine: A list of motions in limine each party intends to file, pursuant to the deadline set forth in Rule IV.B.1 below, with a brief description of the nature of such motion.

Summary: Parties must list motions in limine they intend to file with a brief description, pursuant to the deadline in Rule IV.B.1.

Judge Natasha C. Merle

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Applies to: Pretrial order

14. In non-jury trials, parties shall file and serve with the joint pretrial order proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed

Summary: In non-jury trials, parties must file and serve proposed findings of fact and conclusions of law with the joint pretrial order.

Judge Natasha C. Merle

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Applies to: Voir dire questions

The parties shall include in their proposed voir dire questions the names of any individuals, locations, or entities that the party expects to be mentioned during trial.

Summary: Proposed voir dire questions must include names of individuals, locations, or entities expected to be mentioned during trial.

Judge Natasha C. Merle

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Applies to: Jury trial filings ?

Requests to charge, proposed verdict sheets, and proposed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Microsoft Word formats no later than fourteen (14) days before jury selection, unless otherwise ordered by the Court.

Summary: Requests to charge, verdict sheets, and voir dire questions must be filed on ECF and provided to chambers in both PDF and Word formats 14 days before jury selection.

Judge Natasha C. Merle

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Applies to: Letter

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

Summary: Bail modification requests must be filed as letter-motions and indicate Government and Pretrial Services Officer consent status.

Judge Natasha C. Merle

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Applies to: Certificate
Must include: certificate of service

Provide pro se litigants with a copy of this Court's individual rules and file a certificate of service as early as practicable.

Summary: Counsel must provide pro se litigants with the Court's individual rules and file a certificate of service.

Judge Natasha C. Merle

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Applies to: Presentence report objections ?

Objections to presentence reports at least 7 days before sentencing. Specify language and paragraph numbers.

Summary: Objections to presentence reports must be filed at least 7 days before sentencing and must specify language and paragraph numbers.

Judge Natasha C. Merle

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Applies to: Proposed order
Must include: proposed order

Proposed orders, jury instructions, findings of fact, conclusions of law, and other writings a party requests that the Court adopt shall be filed on ECF and provided via e-mail, in PDF and Microsoft Word format, to Merle_Chambers@nyed.uscourts.gov.

Summary: Proposed orders and similar documents must be filed on ECF and emailed in PDF and Word format.

Judge Natasha C. Merle

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Applies to: Letter
Must include: caption ?

Any filing styled as a "Letter" shall identify in its ECF header (i) the addressee and (ii) the subject matter. E.g., "Letter to Judge Merle re: Request for Remote Conference."

Summary: Letter filings must identify addressee and subject matter in ECF header.

Judge Natasha C. Merle

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Applies to: Letter ?
Must include: certificate of service ?

All requests for adjournments or extension of time must be in writing and submitted on ECF

Summary: Adjournment and extension requests must be filed in writing on ECF.

Judge Natasha C. Merle

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Applies to: Brief ?

Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities.

Summary: Memoranda of 10 or more pages must include a table of contents and table of authorities.

Judge Natasha C. Merle

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Applies to: Pretrial order
Must include: caption, judge name ?

Unless otherwise ordered by the Court, the parties shall file a proposed joint pretrial order within sixty (60) days of the completion of fact or expert discovery, whichever occurs later. However, if a pre-motion conference letter in anticipation of a summary judgment motion has been filed, the parties shall file a proposed joint pretrial order within thirty (30) days after a decision on the motion for summary judgment.

Summary: Joint pretrial order must be filed within 60 days after discovery closes, or 30 days after summary judgment decision if such motion was pending.

Judge Natasha C. Merle

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Applies to: Pretrial order
Must include: caption

The proposed pretrial order shall include the following: 1. Caption: The full caption of the action. 2. Parties and Counsel: The names (including firm names), addresses, telephone, and email addresses of trial counsel. 3. Statement of the Case: A short statement of the case that can be used for introduction to potential jurors. 4. Jurisdiction: A statement concerning basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on, and (ii) relevant facts concerning citizenship and jurisdictional amount. 5. Claims and Defenses: A brief summary by each party of the elements of the claims and defenses which remain to be tried, including citations to all statutes relied on, with a summary of the facts relied upon to establish each element. 6. Statement of Relief Sought: A detailed statement of the damages and other relief sought by the plaintiff. 7. Jury or Bench Trial; Trial Length; Trial Dates: A statement as to whether the case is to be tried with or without a jury, the number of trial days needed, and proposed trial dates

Summary: Proposed joint pretrial order must include 7 specific sections: caption, parties/counsel, statement of case, jurisdiction, claims/defenses, relief sought, and trial details.

Judge Natasha C. Merle

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Applies to: Pretrial order ?

13. Motions in limine: A list of motions in limine each party intends to file, pursuant to the deadline set forth in Rule IV.B.1 below, with a brief description of the nature of such motion.

Summary: Parties must list motions in limine they intend to file with a brief description, pursuant to the deadline in Rule IV.B.1.

Judge Natasha C. Merle

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Applies to: Pretrial order

14. In non-jury trials, parties shall file and serve with the joint pretrial order proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed

Summary: In non-jury trials, parties must file and serve proposed findings of fact and conclusions of law with the joint pretrial order.

Judge Natasha C. Merle

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Applies to: Voir dire questions

The parties shall include in their proposed voir dire questions the names of any individuals, locations, or entities that the party expects to be mentioned during trial.

Summary: Proposed voir dire questions must include names of individuals, locations, or entities expected to be mentioned during trial.

Judge Natasha C. Merle

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Applies to: Jury trial filings ?

Requests to charge, proposed verdict sheets, and proposed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Microsoft Word formats no later than fourteen (14) days before jury selection, unless otherwise ordered by the Court.

Summary: Requests to charge, verdict sheets, and voir dire questions must be filed on ECF and provided to chambers in both PDF and Word formats 14 days before jury selection.

Judge Natasha C. Merle

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Applies to: Letter

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

Summary: Bail modification requests must be filed as letter-motions and indicate Government and Pretrial Services Officer consent status.

Judge Natasha C. Merle

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Applies to: Certificate
Must include: certificate of service

Provide pro se litigants with a copy of this Court's individual rules and file a certificate of service as early as practicable.

Summary: Counsel must provide pro se litigants with the Court's individual rules and file a certificate of service.

Judge Natasha C. Merle

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Applies to: Jury instructions ?

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.

Judge Nicholas G. Garaufis

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Applies to: Brief ?

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.

Judge Nicholas G. Garaufis

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Applies to: Brief ?

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.

Judge Nicholas G. Garaufis

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Applies to: Motion

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.

Judge Nicholas G. Garaufis

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Applies to: Jury instructions ?

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.

Judge Nicholas G. Garaufis

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Applies to: Brief ?

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.

Judge Nicholas G. Garaufis

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Applies to: Brief ?

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.

Judge Nicholas G. Garaufis

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Applies to: Motion

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.

Judge Nicholas G. Garaufis

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Applies to: Letter
Must include: notice of electronic filing ?

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.

Judge Nina Gershon

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Applies to: Joint pretrial order

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.

Judge Nina Gershon

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Applies to: Joint pretrial order
Must include: caption

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.

Judge Nina Gershon

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Applies to: Jury instructions ?

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.

Judge Nina Gershon

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Applies to: Proposed findings conclusions ?

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.

Judge Nina Gershon

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Applies to: Proposed order
Must include: proposed order

Proposed orders, jury instructions, and other writings a party requests that the Court adopt shall be filed on ECF and e-mailed, in PDF and word-processing format, to Morrison Chambers@nyed.uscourts.gov. Parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless requested by the Court.

Summary: Proposed orders and jury instructions must be filed on ECF and emailed in both PDF and word-processing format.

Judge Nina R. Morrison

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Applies to: Letter
Must include: caption ?

In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, within fourteen (14) days of the filing of the action or its removal from state court to federal court, file on ECF a letter no longer than two (2) pages explaining the basis for that party's belief that diversity of citizenship exists, addressing the citizenship of each party to the litigation. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or

Summary: In diversity jurisdiction cases, a letter (max 2 pages) explaining jurisdictional basis must be filed within 14 days.

Judge Nina R. Morrison

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Applies to: Motion ?

Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.

Summary: Evidentiary citations with specific transcript pages required when citing record material.

Judge Nina R. Morrison

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Applies to: Motion

Local Rule 56.1 statements: Motions for summary judgment may be denied if the movant does not file a Local Rule 56.1 statement that conforms with the requirements described in these Individual Practice Rules, in addition to those set forth in Local Rule 56.1. Except in pro se cases, the Local Rule 56.1 counter-statement by a party opposing summary judgment shall quote verbatim the moving party's Local Rule 56.1 statement and shall respond to each allegation in the moving party's statement immediately beneath each allegation.

Summary: Summary judgment motions require LR 56.1 statements; counter-statements must quote movant's statement verbatim and respond to each allegation immediately beneath it.

Judge Nina R. Morrison

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Applies to: Local rule 56.1 statement

Each paragraph in the Local Rule 56.1 statement shall contain an assertion of a material undisputed fact, not a description of evidence.

Summary: Local Rule 56.1 statements must contain assertions of material undisputed facts, not descriptions of evidence.

Judge Nina R. Morrison

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Applies to: Exhibits

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

Summary: Evidentiary filings must include a declaration identifying each exhibit and page ranges.

Judge Nina R. Morrison

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Applies to: Motion in limine

Any evidence to which a motion in limine refers to—whether in a motion to preclude the evidence, a motion to admit the evidence, or as relevant context for a motion to admit or preclude other evidence—must be attached to the motion as a clearly labelled exhibit.

Summary: Evidence referenced in motions in limine must be attached as a clearly labelled exhibit.

Judge Nina R. Morrison

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Applies to: Pretrial order ?
Must include: caption

The JPTO shall include the following: 6.1.1. Caption: The full caption of the action. 6.1.2. Parties and Counsel: The names, addresses (including firm names), and telephone numbers of trial counsel. 6.1.3. Jurisdiction: A brief statement by the plaintiff explaining the basis of subject-matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on, and (ii) relevant facts concerning citizenship and jurisdictional amount. 6.1.4. Claims and Defenses: A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters. 6.1.5. Jury or Bench Trial & Trial Length: 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. 6.1.6. Consent to Trial by a 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: Joint Pretrial Order must include caption, parties/counsel info, jurisdiction statements, claims/defenses summary, jury/bench trial statement, and magistrate judge consent.

Judge Nina R. Morrison

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Applies to: Pretrial order ?

6.1.8. Witnesses: A list of fact and expert witnesses whose testimony is to be offered in each party's case in chief, along with the address of each witness and 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 upon good cause shown.

Summary: JPTO must list all fact and expert witnesses with addresses and expected testimony; only listed witnesses may testify.

Judge Nina R. Morrison

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Applies to: Pretrial order ?

6.1.9. 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: JPTO must include designation of deposition testimony to be offered, with cross-designations and objections.

Judge Nina R. Morrison

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Applies to: Pretrial order ?

6.1.11. Exhibits: A schedule listing exhibits to be offered into evidence and, if not admitted by stipulation, the party or parties that will be offering them. 6.1.11.1. Except for evidence that a party seeks to admit or reference in cross-examination pursuant to Federal Rule of Evidence 609, the schedule should not include exhibits that a party intends to use solely for impeachment and/or rebuttal purposes. 6.1.11.2. Copies of statements proposed to be read to the jury as "learned treatises" under Federal Rule of Evidence 803(18) shall be listed as exhibits.

Summary: JPTO must include exhibit schedule listing exhibits and offering party; impeachment/rebuttal exhibits excluded unless FRE 609 applies; learned treatises must be listed.

Judge Nina R. Morrison

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Applies to: Motion

At the initial pretrial conference or otherwise, the Court will set a briefing schedule on any motions addressing evidentiary or other issues that should be resolved in limine. Motions in limine and any responsive briefing are typically due at least 30 days before the commencement of trial.

Summary: Motions in limine and responsive briefing are typically due at least 30 days before trial.

Judge Nina R. Morrison

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Applies to: Motion

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: Party seeking to use FRE 608(b) or 609 evidence must file motion in limine explaining admissibility.

Judge Nina R. Morrison

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Applies to: Pretrial order ?

A list of motions in limine each party intends to file (pursuant to the deadline set forth in Rule 6.2.1 below), with a brief description of each such motion.

Summary: Pretrial Order must include list of intended motions in limine with brief description of each.

Judge Nina R. Morrison

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Applies to: Pretrial order ?

Except for good cause shown, only exhibits listed will be received into evidence.

Summary: Only exhibits listed in Pretrial Order will be admitted unless good cause shown.

Judge Nina R. Morrison

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Applies to: Pretrial statement ?

In non-jury trials, each party shall submit a statement of the elements of each claim and defenses involving each claim together with a summary of the facts they anticipate will be relied upon to establish each element. The statement shall be due before trial on a schedule to be set by the Court.

Summary: In non-jury trials, parties must submit statement of claim elements, defenses, and anticipated factual summary before trial.

Judge Nina R. Morrison

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Applies to: Exhibits

Each party shall securely upload a PDF file of each exhibit, as separate documents, via a secure link provided by the Court's deputy at least ten (10) days before trial.

Summary: Parties must upload PDF files of each exhibit separately via secure link at least 10 days before trial.

Judge Nina R. Morrison

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Applies to: Proposed jury instructions ?

Requests to charge, proposed verdict sheets, and proposed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Microsoft Word formats no later than 10 days before jury selection, unless otherwise ordered by the Court.

Summary: Trial preparation documents must be filed on ECF and provided to chambers in both PDF and Word formats at least 10 days before jury selection.

Judge Nina R. Morrison

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Applies to: Pretrial order ?
Must include: caption ?

7. 1. 1. C a pti o n : T h e f ull c a pti o n of t h e a cti o n.

Summary: The JPTO must include the full case caption.

Judge Nusrat J. Choudhury

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Applies to: Motion ?

Citations, including transcript pages, required whenever citing record material.

Summary: Citations including transcript pages are required when citing record material.

Judge Nusrat J. Choudhury

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Applies to: Motion ?

Parties must follow the Court's formatting and filing rules for Local Rule 56.1 statements and evidentiary hearings.

Summary: Parties must follow Court's formatting and filing rules for Local Rule 56.1 statements.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine ?

Parties must attach any evidence referenced within the motion as a clearly labeled exhibit.

Summary: Motions in limine must attach referenced evidence as clearly labeled exhibits.

Judge Nusrat J. Choudhury

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Applies to: TRO

The moving party must confer with their adversary prior to filing a TRO unless the requirements of Fed. R. Civ. P. 65(b)(1) have been satisfied. In the TRO motion, the movant must state whether their adversary consents to the restraining order or set forth the reasons why no notice is required under Rule 65(b).

Summary: TRO moving party must confer with adversary before filing or state why notice is not required under Rule 65(b).

Judge Nusrat J. Choudhury

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Applies to: All documents ?
Must include: certificate of service ?

1. 1. 1. P r o s e p a rti e s a r e e x e m pt f r o m el e ct r o ni c fili n g. N e v e rt h el e s s, a p a rt y r e p r e-s e nt e d b y c o u n s el i n a c a s e i n v ol vi n g a p r o s e liti g a nt m u st still fil e all d o c u m e nt s el e ct r o ni c all y o n E C F a n d m u st al s o m ail a h a r d c o p y of all d o c u m e nt s t o t h e p r o s e liti g a nt.

Summary: Counsel in cases involving pro se litigants must file electronically on ECF and mail hard copies to the pro se litigant.

Judge Nusrat J. Choudhury

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Applies to: Proposed order
Must include: proposed order

Proposed orders, jury instructions, and other writings that a party requests that the Court adopt shall be filed on ECF and emailed, in PDF and word-processing format, to Choudhury_Chambers@nyed.uscourts.gov. Parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless requested by the Court.

Summary: Proposed orders and jury instructions must be filed on ECF and emailed in PDF and Word format.

Judge Nusrat J. Choudhury

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Applies to: Letter
Must include: caption ?

In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, within thirty (30) days of the filing of the action or its removal from state court to federal court, file on ECF a letter no longer than two (2) pages explaining the basis for that party's belief that diversity of citizenship exists, addressing the citizenship of each party to the litigation. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.

Summary: In diversity cases, parties must file a 2-page letter within 30 days explaining citizenship basis for all parties.

Judge Nusrat J. Choudhury

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Applies to: Motion

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 Magistrate Judge release/detention orders must include transcript if available.

Judge Nusrat J. Choudhury

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Applies to: Notice of appearance
Must include: notice of electronic filing ?

Any attorney appearing before the Court must enter a notice of appearance on ECF.

Summary: Attorneys must file notice of appearance on ECF.

Judge Nusrat J. Choudhury

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Applies to: Sur reply ?

5. 3. 5. S u r -r e pli e s r e q ui r e p ri o r C o u rt a ut h o ri z ati o n .

Summary: Sur-replies may be filed only with prior court authorization.

Judge Nusrat J. Choudhury

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Applies to: Local rule 56 1 statement ?

A n y e vi d e n c e cit e d i n a m o vi n g o r o p p o si n g p a rt y’ s L o c al R ul e 5 6. 1 st at e m e nt m u st b e att a c h e d a s a n e x hi bit t o a d e cl a r ati o n a n d fil e d wit h t h at p a rt y’ s st at e m e nt.

Summary: Any evidence cited in a Local Rule 56.1 statement must be filed as an exhibit attached to a declaration.

Judge Nusrat J. Choudhury

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Applies to: Local rule 56 1 statement ?

P a rti e s s h all i n cl u d e a d e cl a r ati o n i d e ntif yi n g e a c h of t h e e x hi bit s a n d t h e p a g e r a n g e s of t h e e x hi bit s wit hi n t h e c o m pil e d P D F.

Summary: Parties must file a declaration identifying each exhibit and its page ranges in the compiled PDF.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine ?

A n y e vi d e n c e r ef e r r e d t o i n a m oti o n i n li mi n e— w h et h e r i n a m oti o n t o p r e cl u d e t h e e vi d e n c e, a m oti o n t o a d mit t h e e vi d e n c e, o r a s r el e v a nt c o nt e xt f o r a m oti o n t o a d mit o r p r e cl u d e ot h e r e vi d e n c e — m u st b e att a c h e d t o t h e m oti o n a s a cl e a rl y l a b ell e d e x- hi bit.

Summary: Any evidence referenced in a motion in limine must be attached as a clearly labeled exhibit.

Judge Nusrat J. Choudhury

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Applies to: Default judgment ?

A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt p u r s u a nt t o R ul e 5 5( b)( 2) of t h e F e d e r al R ul e s of Ci vil P r o c e d u r e m u st p r o c e e d b y w a y of a M oti o n f o r D ef a ult J u d g m e nt p u r s u a nt t o t h e p r o c e d u r e s et f o rt h i n Att a c h m e nt A.

Summary: A Rule 55(b)(2) default judgment request must be made by motion under Attachment A procedures.

Judge Nusrat J. Choudhury

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Applies to: Federal criminal rule 12 4 disclosure statement ?

T h e G o v e r n m e nt s h all fil e a F e d e r al C ri mi n al R ul e 1 2. 4 di s cl o s u r e st at e m e nt b ef o r e t h e fi r st a p p e a r a n c e, w h e n a p pli c a bl e.

Summary: The Government must file a Rule 12.4 disclosure statement before the first appearance when applicable.

Judge Nusrat J. Choudhury

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Applies to: Speedy trial act exclusion letter ?

if a p a rt y will s e e k a n e x cl u si o n of ti m e u n d e r t h e S p e e d y T ri al A ct, 1 8 U. S. C. § 3 1 6 1, it m u st p r o vi d e t h e C o u rt a l ett e r s etti n g f o rt h f a ct s s uffi ci e nt t o p e r mit t h e C o u rt t o m a k e a n i n d e p e n d e nt fi n di n g r e g a r di n g t h e e x cl u si o n of ti m e u n d e r t h e A ct.

Summary: A party seeking Speedy Trial Act time exclusion must provide a letter with sufficient facts for the Court to make an independent finding.

Judge Nusrat J. Choudhury

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Applies to: Filing ?

I n a m ulti -d ef e n d a nt c a s e, all fili n g s m u st d e si g n at e t h e d ef e n d a nt o r d ef e n d a nt s, a n d o nl y t h e d ef e n d a nt o r d ef e n d a nt s, a s t o w h o m t h e fili n g p e rt ai n s.

Summary: In multi-defendant cases, every filing must specify exactly which defendant or defendants it concerns.

Judge Nusrat J. Choudhury

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Applies to: Plea agreement ?

A b s e nt e x c e pti o n al ci r c u m st a n c e s, t h e p a rti e s s h all p r o vi d e t h e C o u rt wit h a c o p y of a n y pl e a a g r e e m e nt at l e a st s e v e nt y- t w o ( 7 2) h o u r s b ef o r e a c h a n g e - of-pl e a h e a ri n g.

Summary: Absent exceptional circumstances, parties must provide the Court a copy of any plea agreement at least 72 hours before a change-of-plea hearing.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

U nl e s s ot h e r wi s e o r d e r e d b y t h e C o u rt, t h e p a rti e s t o a ci vil c a s e s h all s u b mit a J oi nt P r o p o s e d P r e -t ri al O r d e r (“ J P T O”) wit hi n si xt y ( 6 0) d a y s of t h e c o m pl eti o n of di s c o v- e r y.

Summary: In civil cases, parties must submit a Joint Proposed Pre-Trial Order within 60 days after discovery closes unless the Court orders otherwise.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 2. P a rti e s a n d c o u n s el : T h e n a m e s, a d d r e s s e s (i n cl u di n g fi r m n a m e s), a n d t el e- p h o n e n u m b e r s of t ri al c o u n s el.

Summary: The JPTO must list trial counsel names, addresses including firm names, and telephone numbers.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 3. J u ri s di cti o n : A b ri ef st at e m e nt b y e a c h p a rt y e x pl ai ni n g t h e b a si s o r a b s e n c e of s u bj e ct -m att e r j u ri s di cti o n. T h e s e st at e m e nt s s h all i n cl u d e cit ati o n s t o all : (i) st at- ut e s a n d l e g al d o ct ri n e s r eli e d o n a n d (ii) r el e v a nt f a ct s c o n c e r ni n g citi z e n s hi p a n d j u ri s di cti o n al a m o u nt.

Summary: Each party must provide a jurisdiction statement with supporting legal citations and relevant jurisdictional facts.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 5. J u r y o r b e n c h tri al a n d tri al le n gt h : A st at e m e nt b y e a c h p a rt y a s t o w h et h e r t h e c a s e i s t o b e t ri e d wit h o r wit h o ut a j u r y, a n d t h e n u m b e r of t ri al d a y s n e e d e d.

Summary: The JPTO must state whether the case will be jury or bench and estimate the number of trial days needed.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 6. C o n s e nt t o tri al b y a M a gi st r at e J u d g e : A st at e m e nt a s t o w h et h e r all p a rti e s h a v e c o n s e nt e d t o t ri al of t h e c a s e b y a M a gi st r at e J u d g e . T h e st at e m e nt s h all n ot i d e ntif y w hi c h p a rti e s h a v e o r h a v e n ot c o n s e nt e d.

Summary: The JPTO must state whether all parties consent to magistrate-judge trial but may not identify which parties did or did not consent.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 7. St at e m e nt of r eli ef s o u g ht : A d et ail e d st at e m e nt of t h e d a m a g e s a n d ot h e r r eli ef s o u g ht b y e a c h p a rt y , in cl u di n g t h e m a n n e r a n d m et h o d u s e d t o c al c ul at e a n y cl ai m e d d a m a g e s a n d a b r e a k d o w n of t h e el e m e nt s of s u c h cl ai m e d d a m a g e s.

Summary: The JPTO must include each party’s detailed relief sought, including damages calculations and element-by-element breakdown.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 8. Wit n e s s e s : A li st of f a ct a n d e x p e rt wit n e s s e s w h o s e t e sti m o n y i s t o b e off e r e d i n e a c h p a rt y’ s c a s e i n c hi ef, al o n g wit h t h e a d d r e s s of e a c h wit n e s s a n d a b ri ef n a r- r ati v e st at e m e nt of t h e e x p e ct e d t e sti m o n y of e a c h wit n e s s. O nl y li st e d wit n e s s e s will b e p e r mitt e d t o t e stif y, e x c e pt w h e n p r o m pt n oti c e h a s b e e n gi v e n a n d u p o n g o o d c a u s e s h o w n. P a rti e s s h all al s o i n di c at e w h et h e r a n y wit n e s s will r e q ui r e a n i nt e r- p r et e r ( a n d, if s o, w hi c h p a rt y will p a y t h e c o st s f o r t h e i nt e r p r et e r).

Summary: The JPTO must include detailed witness disclosures, and only listed witnesses may testify absent prompt notice and good cause.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 9. D e p o siti o n te sti m o n y : A d e si g n ati o n b y e a c h p a rt y of d e p o siti o n t e sti m o n y t o b e off e r e d i n it s c a s e i n c hi ef, wit h a n y c r o s s -d e si g n ati o n s a n d o bj e cti o n s b y a n y ot h e r p a rt y.

Summary: The JPTO must include each party’s deposition designations plus any cross-designations and objections.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 1 1. E x hi bit s : A s c h e d ul e li sti n g e x hi bit s t o b e off e r e d i nt o e vi d e n c e a n d, if n ot a d- mitt e d b y sti p ul ati o n, t h e p a rt y o r p a rti e s t h at will b e off e ri n g t h e m.

Summary: The JPTO must include an exhibit schedule identifying exhibits and the offering party if not admitted by stipulation.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine ?

P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s -e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9 , o utli ni n g w h y t h e p r o p o n e nt’ s i nt e n d e d e x hi bit( s) a n d / o r a r e a( s) o r c r o s s -e x a mi n ati o n a r e a d mi s si bl e u n d e r t h e r el e v a nt r ul e.

Summary: A motion in limine is required for anticipated FRE 608(b) or 609 cross-examination and must explain admissibility.

Judge Nusrat J. Choudhury

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Applies to: Documentary exhibits ?

At t h e ti m e t h e J P T O i s fil e d, e a c h p a rt y s h all s u b mit t o t h e C o u rt a n d s e r v e o n o p p o si n g c o u n s el, b ut n ot fil e o n E C F, all d o c u m e nt a r y e x hi bit s.

Summary: When the JPTO is filed, each party must submit documentary exhibits to the Court and serve opposing counsel, but not file those exhibits on ECF.

Judge Nusrat J. Choudhury

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Applies to: Exhibit list ?

A li st of all e x hi bit s e m ail e d t o C h a m b e r s i n a W o r d D o c u m e nt, wit h f o u r c ol- u m n s l a b el e d a s f oll o w s: ( 1) “ E x hi bit N u m b e r”; ( 2) “ D e s c ri pti o n” ( of t h e e x- hi bit); ( 3) “ D at e I d e ntifi e d”; a n d ( 4) “ D at e A d mitt e d.”

Summary: The exhibit list emailed to Chambers must be in Word format and contain four specified columns.

Judge Nusrat J. Choudhury

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Applies to: Joint requests to charge verdict sheets voir dire questions ?

O n e w e e k b ef o r e t h e fi n al p r e-t ri al c o nf e r e n c e, t h e p a rti e s s h all f il e j oi nt r e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s.

Summary: In jury cases, joint requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed one week before the final pre-trial conference.

Judge Nusrat J. Choudhury

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Applies to: Jury instructions and voir dire questions ?

T h e v oi r di r e q u e sti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

Summary: Voir dire questions and jury instructions must include the requested text and available supporting authority citations.

Judge Nusrat J. Choudhury

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Applies to: Statement of claim and defense elements ?

A st at e m e nt of t h e el e m e nt s of e a c h cl ai m a n d d ef e n s e t o g et h e r wit h a s u m- m a r y of t h e f a ct s r eli e d u p o n t o e st a bli s h e a c h el e m e nt .

Summary: For non-jury trials, each party must submit a statement of claim and defense elements with supporting factual summaries for each element.

Judge Nusrat J. Choudhury

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Applies to: Direct testimony affidavits ?

C o pi e s of affi d a vit s c o n stit uti n g t h e di r e ct t e sti m o n y of e a c h t ri al wit n e s s, e x- c e pt f o r t h e di r e ct t e sti m o n y of a n a d v e r s e p a rt y, a p e r s o n w h o s e att e n d a n c e i s c o m p ell e d b y s u b p o e n a, o r a p e r s o n f o r w h o m t h e C o u rt h a s a g r e e d t o h e a r di r e ct t e sti m o n y li v e at t h e t ri al.

Summary: In non-jury trials, direct testimony affidavits must be submitted for trial witnesses, with specified exceptions for adverse or subpoenaed witnesses and others approved for live direct testimony.

Judge Nusrat J. Choudhury

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Applies to: Affidavit objections and cross exam list ?

T h r e e b u si n e s s d a y s aft e r s u b mi s si o n of s u c h affi d a vit s, c o u n s el f o r e a c h p a rt y s h all s u b mit: ( 1) a li st of a n y o bj e cti o n s t o p a rti c ul a r p a r a g r a p h s of a n affi d a vit; a n d ( 2) a li st of all affi a nt s w h o m t h e y i nt e n d t o c r o s s -e x a mi n e at t h e t ri al.

Summary: Within three business days after affidavit submission, each party must file objection lists and identify affiants they intend to cross-examine at trial.

Judge Nusrat J. Choudhury

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Applies to: Deposition excerpts and synopsis ?

A ll d e p o siti o n e x c e r pt s t h at will b e off e r e d a s s u b st a nti v e e vi d e n c e, a s w ell a s a o n e -p a g e s y n o p si s of t h o s e e x c e r pt s f o r e a c h d e p o siti o n. E a c h s y n o p si s s h all i n cl u d e p a g e cit ati o n s t o t h e p e rti n e nt p a g e s of t h e d e p o siti o n t r a n s c ri pt s.

Summary: Parties must submit substantive deposition excerpts plus a one-page synopsis for each deposition with page citations.

Judge Nusrat J. Choudhury

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Applies to: Proposed findings conclusions ?

P r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w. T h e p r o p o s e d fi n di n g s of f a ct s h o ul d b e d et ail e d a n d s h o ul d i n cl u d e cit ati o n s t o t h e p r off e r e d t ri al t e sti m o n y a n d e x hi bit s, a s t h e r e m a y b e n o o p p o rt u nit y f o r p o st -t ri al s u b mi s si o n s.

Summary: Parties must submit proposed findings of fact and conclusions of law, and proposed findings should be detailed with citations to proffered testimony and exhibits.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine expert testimony ?

8. 1. 1. At l e a st f o rt y -fi v e ( 4 5) d a y s b ef o r e t h e s c h e d ul e d t ri al d at e, t h e p a rti e s t o a c ri mi n al c a s e m u st fil e a n y m oti o n s t o e x cl u d e o r li mit t h e t e sti m o n y of e x p e rt s p u r s u a nt t o R ul e s 7 0 2 – 7 0 5 of t h e F e d e r al R ul e s of E vi d e n c e, i n cl u di n g b ut n ot li mit e d t o m oti o ns t o e x cl u d e s ci e ntifi c o r t e c h ni c al e vi d e n c e u n d e r t h e D a u b e rt v. M e r r ell D o w P h a r m a c e uti c al s, I n c. , 5 0 9 U. S. 5 7 9 ( 1 9 9 3) li n e of c a s e s.

Summary: In criminal cases, expert-testimony exclusion or limitation motions in limine must be filed at least 45 days before trial.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine other evidentiary issues ?

8. 1. 2. At l e a st t hi rt y ( 3 0) d a y s p ri o r t o t h e s c h e d ul e d t ri al d at e, t h e p a rti e s s h all fil e a n d s e r v e all ot h e r m oti o n s a d d r e s si n g e vi d e nti a r y o r ot h e r i s s u e s t h at s h o ul d b e r e s ol v e d i n li mi n e. P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s- e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9

Summary: In criminal cases, all other motions in limine must be filed and served at least 30 days before trial, and anticipated FRE 608(b) or 609 cross-examination issues require a motion in limine.

Judge Nusrat J. Choudhury

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Applies to: Witness list ?

At l e a st f o u rt e e n ( 1 4) d a y s b ef o r e t ri al, t h e p r o s e c uti o n s h all p r o vi d e t h e C o u rt wit h t h e f oll o wi n g: • T h r e e ( 3) c o pi e s of t h e wit n e s s li st s.

Summary: At least 14 days before trial, the prosecution must provide three copies of witness lists to the Court.

Judge Nusrat J. Choudhury

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Applies to: Jury instructions verdict forms voir dire questions ?

R e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s s h all b e fil e d o n E C F a n d p r o vi d e d t o C h a m b e r s vi a e m ail i n Mi c r o s oft W o r d f o r m at s n o l at e r t h a n f o u rt e e n ( 1 4) d a y s b ef o r e j u r y s el e cti o n

Summary: In jury cases, requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed on ECF and emailed to chambers in Microsoft Word format at least 14 days before jury selection.

Judge Nusrat J. Choudhury

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Applies to: Jury instructions and voir dire questions ?

T h e v oi r di r e q u e s- ti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

Summary: Proposed voir dire questions and jury instructions must include the full requested text and, when available, supporting authority citations.

Judge Nusrat J. Choudhury

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Applies to: Ecf confirmation ?

F oll o wi n g s u c h m e eti n g, s u c h p a rt y s h all fil e a c o nfi r m ati o n i n w riti n g vi a E C F t h at t hi s m e eti n g h a s o c c u r r e d.

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

Judge Nusrat J. Choudhury

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Applies to: Proposed findings conclusions ?

I n n o n -j u r y t ri al s, p a rti e s s h all fil e p r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w n o l at e r t h a n t e n ( 1 0) d a y s aft e r t h e c o n cl u si o n of t ri al u nl e s s t h e C o u rt s et s a diff e r e nt fili n g d e a dli n e.

Summary: In civil bench trials, parties must file proposed findings of fact and conclusions of law within 10 days after trial unless the Court sets a different deadline.

Judge Nusrat J. Choudhury

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Applies to: Certificate ?
Must include: certificate of service ?

P r o vi d e p r o s e liti g a nt s wit h a c o p y of t hi s C o u rt’ s I n di vi d u al R ul es a n d fil e a c e rtifi c at e of s e r vi c e a s e a rl y a s p r a cti c a bl e i n t h e liti g ati o n.

Summary: In cases involving a pro se litigant, counsel must provide a copy of the Individual Rules and file a certificate of service as early as practicable.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

1. O bt ai n a C e rtifi c at e of D ef a ult f o r e a c h d ef a ulti n g d ef e n d a nt f r o m t h e Cl e r k’ s Offi c e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e R ul e 5 5( a) a n d L o c al Ci vil R ul e 5 5. 1.

Summary: A plaintiff must obtain a Certificate of Default for each defaulting defendant before seeking default judgment.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

2. F il e a M oti o n f o r D ef a ult J u d g m e nt o n E C F p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2) a n d L o c al Ci vil R ul e 5 5. 2( b). A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt s h o ul d n ot p r o c e e d b y o r d e r t o s h o w c a u s e.

Summary: Default judgment must be sought by motion on ECF, not by order to show cause.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

3. I n c o n n e cti o n wit h a n y M oti o n f o r D ef a ult J u d g m e nt m a d e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2), fil e t h e f oll o wi n g o n E C F ( a n d p r o vi d e a c o u r- t e s y c o p y w he r e r e q ui r e d u n d e r I n di vi d u al R ul e 1. 3 ):

Summary: Supporting default-judgment materials must be filed on ECF and a courtesy copy must be provided when required by Individual Rule 1.3.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion supporting declaration ?

a. A n att o r n e y’ s d e cl a r ati o n o r affi d a vit s etti n g f o rt h t h e b a si s f o r e nt e ri n g a d ef a ult j u d g m e nt, i n cl u di n g:

Summary: A default-judgment motion must include an attorney declaration or affidavit establishing the basis for entry of default judgment and required supporting details.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?
Must include: proposed order ?

b. A p r o p o s e d d ef a ult j u d g m e nt .

Summary: A proposed default judgment must be submitted with the default-judgment motion package.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

c. C o pi e s of all of t h e pl e a di n g s.

Summary: Copies of all pleadings must be filed in support of a default-judgment motion.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

d. A c o p y of t h e affi d a vit of s e r vi c e of t h e s u m m o n s a n d c o m pl ai nt.

Summary: A default judgment motion must include a copy of the affidavit of service of the summons and complaint.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

e. A C e rtifi c at e of D ef a ult f r o m t h e Cl e r k of C o u rt .

Summary: A default judgment motion must include a Certificate of Default from the Clerk of Court.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

f. A n affi d a vit , a s r e q ui r e d b y t h e S e r vi c e m e m b e r s Ci vil R eli ef A ct, “st at- i n g w h et h e r o r n ot t h e d ef e n d a nt i s i n milit a r y s e r vi c e a n d s h o wi n g n e c- e s s a r y f a ct s t o s u p p o rt t h e affi d a vit . . . .” 5 0 U. S. C. § 3 9 3 1( b)( 1)( A).

Summary: A default judgment motion must include a Servicemembers Civil Relief Act affidavit stating military-service status and supporting facts.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?
Must include: certificate of service ?

If t h e C o u rt i s s u e s s u c h a n o r d e r, t h e pl ai ntiff m u st t h e n s e r v e o n t h e p a rt y a g ai n st w h o m d ef a ult j u d g m e nt i s s o u g ht: ( 1) t h e m oti o n f o r d ef a ult j u d g m e nt a n d s u p p o rti n g p a p e r s; a n d ( 2) t h e C o u rt’ s o r d e r s etti n g a d at e a n d ti m e f o r t h e d ef a ult j u d g m e nt h e a ri n g. T h e pl ai ntiff m u st fil e p r o of of s u c h s e r vi c e o n t h e d o c k et i n t h e m a n n e r a n d d at e s p e cifi e d i n t h e C o u r t’ s O r d e r s etti n g t h e d e- f a ult j u d g m e nt h e a ri n g.

Summary: If the Court sets a default-judgment hearing, the plaintiff must serve specified papers on the defaulting party and file proof of that service as directed.

Judge Nusrat J. Choudhury

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Applies to: Proposed judgment ?

P ri o r t o t h e r et u r n d at e, t a k e t h e p r o p o s e d j u d g m e nt, s e p a r at el y b a c k e d, t o t h e O r d e r s a n d J u d g m e nt s Cl e r k f o r t h e Cl e r k’ s a p p r o v al.

Summary: Before the return date, the proposed judgment must be separately backed and taken to the Orders and Judgments Clerk for approval.

Judge Nusrat J. Choudhury

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Applies to: Proposed judgment ?

T h e p r o p o s e d j u d g m e nt, i n cl u di n g all d a m a g e a n d i nt e r e st c al c ul ati o n s, m u st b e a p p r o v e d b y t h e Cl e r k p ri o r t o t h e c o nf e r e n c e a n d t h e n b r o u g ht t o t h e c o n- f e r e n c e f o r t h e J u d g e’ s si g n at u r e.

Summary: The proposed judgment, including damages and interest calculations, must be Clerk-approved before the conference and then brought for the Judge’s signature.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?
Must include: caption ?

7. 1. 1. C a pti o n : T h e f ull c a pti o n of t h e a cti o n.

Summary: The JPTO must include the full case caption.

Judge Nusrat J. Choudhury

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Applies to: Motion ?

Citations, including transcript pages, required whenever citing record material.

Summary: Citations including transcript pages are required when citing record material.

Judge Nusrat J. Choudhury

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Applies to: Motion ?

Parties must follow the Court's formatting and filing rules for Local Rule 56.1 statements and evidentiary hearings.

Summary: Parties must follow Court's formatting and filing rules for Local Rule 56.1 statements.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine ?

Parties must attach any evidence referenced within the motion as a clearly labeled exhibit.

Summary: Motions in limine must attach referenced evidence as clearly labeled exhibits.

Judge Nusrat J. Choudhury

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Applies to: TRO

The moving party must confer with their adversary prior to filing a TRO unless the requirements of Fed. R. Civ. P. 65(b)(1) have been satisfied. In the TRO motion, the movant must state whether their adversary consents to the restraining order or set forth the reasons why no notice is required under Rule 65(b).

Summary: TRO moving party must confer with adversary before filing or state why notice is not required under Rule 65(b).

Judge Nusrat J. Choudhury

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Applies to: All documents ?
Must include: certificate of service ?

1. 1. 1. P r o s e p a rti e s a r e e x e m pt f r o m el e ct r o ni c fili n g. N e v e rt h el e s s, a p a rt y r e p r e-s e nt e d b y c o u n s el i n a c a s e i n v ol vi n g a p r o s e liti g a nt m u st still fil e all d o c u m e nt s el e ct r o ni c all y o n E C F a n d m u st al s o m ail a h a r d c o p y of all d o c u m e nt s t o t h e p r o s e liti g a nt.

Summary: Counsel in cases involving pro se litigants must file electronically on ECF and mail hard copies to the pro se litigant.

Judge Nusrat J. Choudhury

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Applies to: Proposed order
Must include: proposed order

Proposed orders, jury instructions, and other writings that a party requests that the Court adopt shall be filed on ECF and emailed, in PDF and word-processing format, to Choudhury_Chambers@nyed.uscourts.gov. Parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless requested by the Court.

Summary: Proposed orders and jury instructions must be filed on ECF and emailed in PDF and Word format.

Judge Nusrat J. Choudhury

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Applies to: Letter
Must include: caption ?

In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, within thirty (30) days of the filing of the action or its removal from state court to federal court, file on ECF a letter no longer than two (2) pages explaining the basis for that party's belief that diversity of citizenship exists, addressing the citizenship of each party to the litigation. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.

Summary: In diversity cases, parties must file a 2-page letter within 30 days explaining citizenship basis for all parties.

Judge Nusrat J. Choudhury

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Applies to: Motion

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 Magistrate Judge release/detention orders must include transcript if available.

Judge Nusrat J. Choudhury

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Applies to: Notice of appearance
Must include: notice of electronic filing ?

Any attorney appearing before the Court must enter a notice of appearance on ECF.

Summary: Attorneys must file notice of appearance on ECF.

Judge Nusrat J. Choudhury

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Applies to: Sur reply ?

5. 3. 5. S u r -r e pli e s r e q ui r e p ri o r C o u rt a ut h o ri z ati o n .

Summary: Sur-replies may be filed only with prior court authorization.

Judge Nusrat J. Choudhury

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Applies to: Local rule 56 1 statement ?

A n y e vi d e n c e cit e d i n a m o vi n g o r o p p o si n g p a rt y’ s L o c al R ul e 5 6. 1 st at e m e nt m u st b e att a c h e d a s a n e x hi bit t o a d e cl a r ati o n a n d fil e d wit h t h at p a rt y’ s st at e m e nt.

Summary: Any evidence cited in a Local Rule 56.1 statement must be filed as an exhibit attached to a declaration.

Judge Nusrat J. Choudhury

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Applies to: Local rule 56 1 statement ?

P a rti e s s h all i n cl u d e a d e cl a r ati o n i d e ntif yi n g e a c h of t h e e x hi bit s a n d t h e p a g e r a n g e s of t h e e x hi bit s wit hi n t h e c o m pil e d P D F.

Summary: Parties must file a declaration identifying each exhibit and its page ranges in the compiled PDF.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine ?

A n y e vi d e n c e r ef e r r e d t o i n a m oti o n i n li mi n e— w h et h e r i n a m oti o n t o p r e cl u d e t h e e vi d e n c e, a m oti o n t o a d mit t h e e vi d e n c e, o r a s r el e v a nt c o nt e xt f o r a m oti o n t o a d mit o r p r e cl u d e ot h e r e vi d e n c e — m u st b e att a c h e d t o t h e m oti o n a s a cl e a rl y l a b ell e d e x- hi bit.

Summary: Any evidence referenced in a motion in limine must be attached as a clearly labeled exhibit.

Judge Nusrat J. Choudhury

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Applies to: Default judgment ?

A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt p u r s u a nt t o R ul e 5 5( b)( 2) of t h e F e d e r al R ul e s of Ci vil P r o c e d u r e m u st p r o c e e d b y w a y of a M oti o n f o r D ef a ult J u d g m e nt p u r s u a nt t o t h e p r o c e d u r e s et f o rt h i n Att a c h m e nt A.

Summary: A Rule 55(b)(2) default judgment request must be made by motion under Attachment A procedures.

Judge Nusrat J. Choudhury

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Applies to: Federal criminal rule 12 4 disclosure statement ?

T h e G o v e r n m e nt s h all fil e a F e d e r al C ri mi n al R ul e 1 2. 4 di s cl o s u r e st at e m e nt b ef o r e t h e fi r st a p p e a r a n c e, w h e n a p pli c a bl e.

Summary: The Government must file a Rule 12.4 disclosure statement before the first appearance when applicable.

Judge Nusrat J. Choudhury

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Applies to: Speedy trial act exclusion letter ?

if a p a rt y will s e e k a n e x cl u si o n of ti m e u n d e r t h e S p e e d y T ri al A ct, 1 8 U. S. C. § 3 1 6 1, it m u st p r o vi d e t h e C o u rt a l ett e r s etti n g f o rt h f a ct s s uffi ci e nt t o p e r mit t h e C o u rt t o m a k e a n i n d e p e n d e nt fi n di n g r e g a r di n g t h e e x cl u si o n of ti m e u n d e r t h e A ct.

Summary: A party seeking Speedy Trial Act time exclusion must provide a letter with sufficient facts for the Court to make an independent finding.

Judge Nusrat J. Choudhury

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Applies to: Filing ?

I n a m ulti -d ef e n d a nt c a s e, all fili n g s m u st d e si g n at e t h e d ef e n d a nt o r d ef e n d a nt s, a n d o nl y t h e d ef e n d a nt o r d ef e n d a nt s, a s t o w h o m t h e fili n g p e rt ai n s.

Summary: In multi-defendant cases, every filing must specify exactly which defendant or defendants it concerns.

Judge Nusrat J. Choudhury

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Applies to: Plea agreement ?

A b s e nt e x c e pti o n al ci r c u m st a n c e s, t h e p a rti e s s h all p r o vi d e t h e C o u rt wit h a c o p y of a n y pl e a a g r e e m e nt at l e a st s e v e nt y- t w o ( 7 2) h o u r s b ef o r e a c h a n g e - of-pl e a h e a ri n g.

Summary: Absent exceptional circumstances, parties must provide the Court a copy of any plea agreement at least 72 hours before a change-of-plea hearing.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

U nl e s s ot h e r wi s e o r d e r e d b y t h e C o u rt, t h e p a rti e s t o a ci vil c a s e s h all s u b mit a J oi nt P r o p o s e d P r e -t ri al O r d e r (“ J P T O”) wit hi n si xt y ( 6 0) d a y s of t h e c o m pl eti o n of di s c o v- e r y.

Summary: In civil cases, parties must submit a Joint Proposed Pre-Trial Order within 60 days after discovery closes unless the Court orders otherwise.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 2. P a rti e s a n d c o u n s el : T h e n a m e s, a d d r e s s e s (i n cl u di n g fi r m n a m e s), a n d t el e- p h o n e n u m b e r s of t ri al c o u n s el.

Summary: The JPTO must list trial counsel names, addresses including firm names, and telephone numbers.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 3. J u ri s di cti o n : A b ri ef st at e m e nt b y e a c h p a rt y e x pl ai ni n g t h e b a si s o r a b s e n c e of s u bj e ct -m att e r j u ri s di cti o n. T h e s e st at e m e nt s s h all i n cl u d e cit ati o n s t o all : (i) st at- ut e s a n d l e g al d o ct ri n e s r eli e d o n a n d (ii) r el e v a nt f a ct s c o n c e r ni n g citi z e n s hi p a n d j u ri s di cti o n al a m o u nt.

Summary: Each party must provide a jurisdiction statement with supporting legal citations and relevant jurisdictional facts.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 5. J u r y o r b e n c h tri al a n d tri al le n gt h : A st at e m e nt b y e a c h p a rt y a s t o w h et h e r t h e c a s e i s t o b e t ri e d wit h o r wit h o ut a j u r y, a n d t h e n u m b e r of t ri al d a y s n e e d e d.

Summary: The JPTO must state whether the case will be jury or bench and estimate the number of trial days needed.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 6. C o n s e nt t o tri al b y a M a gi st r at e J u d g e : A st at e m e nt a s t o w h et h e r all p a rti e s h a v e c o n s e nt e d t o t ri al of t h e c a s e b y a M a gi st r at e J u d g e . T h e st at e m e nt s h all n ot i d e ntif y w hi c h p a rti e s h a v e o r h a v e n ot c o n s e nt e d.

Summary: The JPTO must state whether all parties consent to magistrate-judge trial but may not identify which parties did or did not consent.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 7. St at e m e nt of r eli ef s o u g ht : A d et ail e d st at e m e nt of t h e d a m a g e s a n d ot h e r r eli ef s o u g ht b y e a c h p a rt y , in cl u di n g t h e m a n n e r a n d m et h o d u s e d t o c al c ul at e a n y cl ai m e d d a m a g e s a n d a b r e a k d o w n of t h e el e m e nt s of s u c h cl ai m e d d a m a g e s.

Summary: The JPTO must include each party’s detailed relief sought, including damages calculations and element-by-element breakdown.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 8. Wit n e s s e s : A li st of f a ct a n d e x p e rt wit n e s s e s w h o s e t e sti m o n y i s t o b e off e r e d i n e a c h p a rt y’ s c a s e i n c hi ef, al o n g wit h t h e a d d r e s s of e a c h wit n e s s a n d a b ri ef n a r- r ati v e st at e m e nt of t h e e x p e ct e d t e sti m o n y of e a c h wit n e s s. O nl y li st e d wit n e s s e s will b e p e r mitt e d t o t e stif y, e x c e pt w h e n p r o m pt n oti c e h a s b e e n gi v e n a n d u p o n g o o d c a u s e s h o w n. P a rti e s s h all al s o i n di c at e w h et h e r a n y wit n e s s will r e q ui r e a n i nt e r- p r et e r ( a n d, if s o, w hi c h p a rt y will p a y t h e c o st s f o r t h e i nt e r p r et e r).

Summary: The JPTO must include detailed witness disclosures, and only listed witnesses may testify absent prompt notice and good cause.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 9. D e p o siti o n te sti m o n y : A d e si g n ati o n b y e a c h p a rt y of d e p o siti o n t e sti m o n y t o b e off e r e d i n it s c a s e i n c hi ef, wit h a n y c r o s s -d e si g n ati o n s a n d o bj e cti o n s b y a n y ot h e r p a rt y.

Summary: The JPTO must include each party’s deposition designations plus any cross-designations and objections.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 1 1. E x hi bit s : A s c h e d ul e li sti n g e x hi bit s t o b e off e r e d i nt o e vi d e n c e a n d, if n ot a d- mitt e d b y sti p ul ati o n, t h e p a rt y o r p a rti e s t h at will b e off e ri n g t h e m.

Summary: The JPTO must include an exhibit schedule identifying exhibits and the offering party if not admitted by stipulation.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine ?

P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s -e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9 , o utli ni n g w h y t h e p r o p o n e nt’ s i nt e n d e d e x hi bit( s) a n d / o r a r e a( s) o r c r o s s -e x a mi n ati o n a r e a d mi s si bl e u n d e r t h e r el e v a nt r ul e.

Summary: A motion in limine is required for anticipated FRE 608(b) or 609 cross-examination and must explain admissibility.

Judge Nusrat J. Choudhury

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Applies to: Documentary exhibits ?

At t h e ti m e t h e J P T O i s fil e d, e a c h p a rt y s h all s u b mit t o t h e C o u rt a n d s e r v e o n o p p o si n g c o u n s el, b ut n ot fil e o n E C F, all d o c u m e nt a r y e x hi bit s.

Summary: When the JPTO is filed, each party must submit documentary exhibits to the Court and serve opposing counsel, but not file those exhibits on ECF.

Judge Nusrat J. Choudhury

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Applies to: Exhibit list ?

A li st of all e x hi bit s e m ail e d t o C h a m b e r s i n a W o r d D o c u m e nt, wit h f o u r c ol- u m n s l a b el e d a s f oll o w s: ( 1) “ E x hi bit N u m b e r”; ( 2) “ D e s c ri pti o n” ( of t h e e x- hi bit); ( 3) “ D at e I d e ntifi e d”; a n d ( 4) “ D at e A d mitt e d.”

Summary: The exhibit list emailed to Chambers must be in Word format and contain four specified columns.

Judge Nusrat J. Choudhury

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Applies to: Joint requests to charge verdict sheets voir dire questions ?

O n e w e e k b ef o r e t h e fi n al p r e-t ri al c o nf e r e n c e, t h e p a rti e s s h all f il e j oi nt r e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s.

Summary: In jury cases, joint requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed one week before the final pre-trial conference.

Judge Nusrat J. Choudhury

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Applies to: Jury instructions and voir dire questions ?

T h e v oi r di r e q u e sti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

Summary: Voir dire questions and jury instructions must include the requested text and available supporting authority citations.

Judge Nusrat J. Choudhury

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Applies to: Statement of claim and defense elements ?

A st at e m e nt of t h e el e m e nt s of e a c h cl ai m a n d d ef e n s e t o g et h e r wit h a s u m- m a r y of t h e f a ct s r eli e d u p o n t o e st a bli s h e a c h el e m e nt .

Summary: For non-jury trials, each party must submit a statement of claim and defense elements with supporting factual summaries for each element.

Judge Nusrat J. Choudhury

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Applies to: Direct testimony affidavits ?

C o pi e s of affi d a vit s c o n stit uti n g t h e di r e ct t e sti m o n y of e a c h t ri al wit n e s s, e x- c e pt f o r t h e di r e ct t e sti m o n y of a n a d v e r s e p a rt y, a p e r s o n w h o s e att e n d a n c e i s c o m p ell e d b y s u b p o e n a, o r a p e r s o n f o r w h o m t h e C o u rt h a s a g r e e d t o h e a r di r e ct t e sti m o n y li v e at t h e t ri al.

Summary: In non-jury trials, direct testimony affidavits must be submitted for trial witnesses, with specified exceptions for adverse or subpoenaed witnesses and others approved for live direct testimony.

Judge Nusrat J. Choudhury

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Applies to: Affidavit objections and cross exam list ?

T h r e e b u si n e s s d a y s aft e r s u b mi s si o n of s u c h affi d a vit s, c o u n s el f o r e a c h p a rt y s h all s u b mit: ( 1) a li st of a n y o bj e cti o n s t o p a rti c ul a r p a r a g r a p h s of a n affi d a vit; a n d ( 2) a li st of all affi a nt s w h o m t h e y i nt e n d t o c r o s s -e x a mi n e at t h e t ri al.

Summary: Within three business days after affidavit submission, each party must file objection lists and identify affiants they intend to cross-examine at trial.

Judge Nusrat J. Choudhury

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Applies to: Deposition excerpts and synopsis ?

A ll d e p o siti o n e x c e r pt s t h at will b e off e r e d a s s u b st a nti v e e vi d e n c e, a s w ell a s a o n e -p a g e s y n o p si s of t h o s e e x c e r pt s f o r e a c h d e p o siti o n. E a c h s y n o p si s s h all i n cl u d e p a g e cit ati o n s t o t h e p e rti n e nt p a g e s of t h e d e p o siti o n t r a n s c ri pt s.

Summary: Parties must submit substantive deposition excerpts plus a one-page synopsis for each deposition with page citations.

Judge Nusrat J. Choudhury

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Applies to: Proposed findings conclusions ?

P r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w. T h e p r o p o s e d fi n di n g s of f a ct s h o ul d b e d et ail e d a n d s h o ul d i n cl u d e cit ati o n s t o t h e p r off e r e d t ri al t e sti m o n y a n d e x hi bit s, a s t h e r e m a y b e n o o p p o rt u nit y f o r p o st -t ri al s u b mi s si o n s.

Summary: Parties must submit proposed findings of fact and conclusions of law, and proposed findings should be detailed with citations to proffered testimony and exhibits.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine expert testimony ?

8. 1. 1. At l e a st f o rt y -fi v e ( 4 5) d a y s b ef o r e t h e s c h e d ul e d t ri al d at e, t h e p a rti e s t o a c ri mi n al c a s e m u st fil e a n y m oti o n s t o e x cl u d e o r li mit t h e t e sti m o n y of e x p e rt s p u r s u a nt t o R ul e s 7 0 2 – 7 0 5 of t h e F e d e r al R ul e s of E vi d e n c e, i n cl u di n g b ut n ot li mit e d t o m oti o ns t o e x cl u d e s ci e ntifi c o r t e c h ni c al e vi d e n c e u n d e r t h e D a u b e rt v. M e r r ell D o w P h a r m a c e uti c al s, I n c. , 5 0 9 U. S. 5 7 9 ( 1 9 9 3) li n e of c a s e s.

Summary: In criminal cases, expert-testimony exclusion or limitation motions in limine must be filed at least 45 days before trial.

Judge Nusrat J. Choudhury

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Applies to: Motion in limine other evidentiary issues ?

8. 1. 2. At l e a st t hi rt y ( 3 0) d a y s p ri o r t o t h e s c h e d ul e d t ri al d at e, t h e p a rti e s s h all fil e a n d s e r v e all ot h e r m oti o n s a d d r e s si n g e vi d e nti a r y o r ot h e r i s s u e s t h at s h o ul d b e r e s ol v e d i n li mi n e. P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s- e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9

Summary: In criminal cases, all other motions in limine must be filed and served at least 30 days before trial, and anticipated FRE 608(b) or 609 cross-examination issues require a motion in limine.

Judge Nusrat J. Choudhury

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Applies to: Witness list ?

At l e a st f o u rt e e n ( 1 4) d a y s b ef o r e t ri al, t h e p r o s e c uti o n s h all p r o vi d e t h e C o u rt wit h t h e f oll o wi n g: • T h r e e ( 3) c o pi e s of t h e wit n e s s li st s.

Summary: At least 14 days before trial, the prosecution must provide three copies of witness lists to the Court.

Judge Nusrat J. Choudhury

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Applies to: Jury instructions verdict forms voir dire questions ?

R e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s s h all b e fil e d o n E C F a n d p r o vi d e d t o C h a m b e r s vi a e m ail i n Mi c r o s oft W o r d f o r m at s n o l at e r t h a n f o u rt e e n ( 1 4) d a y s b ef o r e j u r y s el e cti o n

Summary: In jury cases, requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed on ECF and emailed to chambers in Microsoft Word format at least 14 days before jury selection.

Judge Nusrat J. Choudhury

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Applies to: Jury instructions and voir dire questions ?

T h e v oi r di r e q u e s- ti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

Summary: Proposed voir dire questions and jury instructions must include the full requested text and, when available, supporting authority citations.

Judge Nusrat J. Choudhury

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Applies to: Ecf confirmation ?

F oll o wi n g s u c h m e eti n g, s u c h p a rt y s h all fil e a c o nfi r m ati o n i n w riti n g vi a E C F t h at t hi s m e eti n g h a s o c c u r r e d.

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

Judge Nusrat J. Choudhury

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Applies to: Proposed findings conclusions ?

I n n o n -j u r y t ri al s, p a rti e s s h all fil e p r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w n o l at e r t h a n t e n ( 1 0) d a y s aft e r t h e c o n cl u si o n of t ri al u nl e s s t h e C o u rt s et s a diff e r e nt fili n g d e a dli n e.

Summary: In civil bench trials, parties must file proposed findings of fact and conclusions of law within 10 days after trial unless the Court sets a different deadline.

Judge Nusrat J. Choudhury

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Applies to: Certificate ?
Must include: certificate of service ?

P r o vi d e p r o s e liti g a nt s wit h a c o p y of t hi s C o u rt’ s I n di vi d u al R ul es a n d fil e a c e rtifi c at e of s e r vi c e a s e a rl y a s p r a cti c a bl e i n t h e liti g ati o n.

Summary: In cases involving a pro se litigant, counsel must provide a copy of the Individual Rules and file a certificate of service as early as practicable.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

1. O bt ai n a C e rtifi c at e of D ef a ult f o r e a c h d ef a ulti n g d ef e n d a nt f r o m t h e Cl e r k’ s Offi c e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e R ul e 5 5( a) a n d L o c al Ci vil R ul e 5 5. 1.

Summary: A plaintiff must obtain a Certificate of Default for each defaulting defendant before seeking default judgment.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

2. F il e a M oti o n f o r D ef a ult J u d g m e nt o n E C F p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2) a n d L o c al Ci vil R ul e 5 5. 2( b). A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt s h o ul d n ot p r o c e e d b y o r d e r t o s h o w c a u s e.

Summary: Default judgment must be sought by motion on ECF, not by order to show cause.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

3. I n c o n n e cti o n wit h a n y M oti o n f o r D ef a ult J u d g m e nt m a d e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2), fil e t h e f oll o wi n g o n E C F ( a n d p r o vi d e a c o u r- t e s y c o p y w he r e r e q ui r e d u n d e r I n di vi d u al R ul e 1. 3 ):

Summary: Supporting default-judgment materials must be filed on ECF and a courtesy copy must be provided when required by Individual Rule 1.3.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion supporting declaration ?

a. A n att o r n e y’ s d e cl a r ati o n o r affi d a vit s etti n g f o rt h t h e b a si s f o r e nt e ri n g a d ef a ult j u d g m e nt, i n cl u di n g:

Summary: A default-judgment motion must include an attorney declaration or affidavit establishing the basis for entry of default judgment and required supporting details.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?
Must include: proposed order ?

b. A p r o p o s e d d ef a ult j u d g m e nt .

Summary: A proposed default judgment must be submitted with the default-judgment motion package.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

c. C o pi e s of all of t h e pl e a di n g s.

Summary: Copies of all pleadings must be filed in support of a default-judgment motion.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

d. A c o p y of t h e affi d a vit of s e r vi c e of t h e s u m m o n s a n d c o m pl ai nt.

Summary: A default judgment motion must include a copy of the affidavit of service of the summons and complaint.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

e. A C e rtifi c at e of D ef a ult f r o m t h e Cl e r k of C o u rt .

Summary: A default judgment motion must include a Certificate of Default from the Clerk of Court.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?

f. A n affi d a vit , a s r e q ui r e d b y t h e S e r vi c e m e m b e r s Ci vil R eli ef A ct, “st at- i n g w h et h e r o r n ot t h e d ef e n d a nt i s i n milit a r y s e r vi c e a n d s h o wi n g n e c- e s s a r y f a ct s t o s u p p o rt t h e affi d a vit . . . .” 5 0 U. S. C. § 3 9 3 1( b)( 1)( A).

Summary: A default judgment motion must include a Servicemembers Civil Relief Act affidavit stating military-service status and supporting facts.

Judge Nusrat J. Choudhury

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Applies to: Default judgment motion ?
Must include: certificate of service ?

If t h e C o u rt i s s u e s s u c h a n o r d e r, t h e pl ai ntiff m u st t h e n s e r v e o n t h e p a rt y a g ai n st w h o m d ef a ult j u d g m e nt i s s o u g ht: ( 1) t h e m oti o n f o r d ef a ult j u d g m e nt a n d s u p p o rti n g p a p e r s; a n d ( 2) t h e C o u rt’ s o r d e r s etti n g a d at e a n d ti m e f o r t h e d ef a ult j u d g m e nt h e a ri n g. T h e pl ai ntiff m u st fil e p r o of of s u c h s e r vi c e o n t h e d o c k et i n t h e m a n n e r a n d d at e s p e cifi e d i n t h e C o u r t’ s O r d e r s etti n g t h e d e- f a ult j u d g m e nt h e a ri n g.

Summary: If the Court sets a default-judgment hearing, the plaintiff must serve specified papers on the defaulting party and file proof of that service as directed.

Judge Nusrat J. Choudhury

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Applies to: Proposed judgment ?

P ri o r t o t h e r et u r n d at e, t a k e t h e p r o p o s e d j u d g m e nt, s e p a r at el y b a c k e d, t o t h e O r d e r s a n d J u d g m e nt s Cl e r k f o r t h e Cl e r k’ s a p p r o v al.

Summary: Before the return date, the proposed judgment must be separately backed and taken to the Orders and Judgments Clerk for approval.

Judge Nusrat J. Choudhury

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Applies to: Proposed judgment ?

T h e p r o p o s e d j u d g m e nt, i n cl u di n g all d a m a g e a n d i nt e r e st c al c ul ati o n s, m u st b e a p p r o v e d b y t h e Cl e r k p ri o r t o t h e c o nf e r e n c e a n d t h e n b r o u g ht t o t h e c o n- f e r e n c e f o r t h e J u d g e’ s si g n at u r e.

Summary: The proposed judgment, including damages and interest calculations, must be Clerk-approved before the conference and then brought for the Judge’s signature.

Judge Nusrat J. Choudhury

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Applies to: Correspondence
Must include: caption, judge name, case number ?

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.

Judge Orelia E. Merchant

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Applies to: Cover letter

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.

Judge Orelia E. Merchant

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Applies to: Motion to seal ?

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.

Judge Orelia E. Merchant

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Applies to: Redacted filing ?

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.

Judge Orelia E. Merchant

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Applies to: Pre motion letter

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.

Judge Orelia E. Merchant

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Applies to: State court record

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.

Judge Orelia E. Merchant

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Applies to: State court record submission ?

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.

Judge Orelia E. Merchant

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Applies to: Answer

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.

Judge Orelia E. Merchant

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Applies to: Tro letter ?

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.

Judge Orelia E. Merchant

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Applies to: Cover letter

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.

Judge Orelia E. Merchant

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Applies to: Motion

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.

Judge Orelia E. Merchant

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Applies to: Stipulation of fact

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.

Judge Orelia E. Merchant

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Applies to: Stipulation of fact ?

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.

Judge Orelia E. Merchant

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Applies to: Memorandum of law ?

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.

Judge Orelia E. Merchant

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Applies to: Motion

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.

Judge Orelia E. Merchant

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Applies to: Letter

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.

Judge Orelia E. Merchant

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Applies to: Pretrial order ?
Must include: caption

Caption: The full caption of the action

Summary: The joint pretrial order must include the full case caption.

Judge Orelia E. Merchant

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Applies to: Pretrial order ?

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.

Judge Orelia E. Merchant

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Applies to: Pretrial order ?

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.

Judge Orelia E. Merchant

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Applies to: Pretrial order ?

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.

Judge Orelia E. Merchant

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Applies to: Pretrial order ?

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.

Judge Orelia E. Merchant

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Applies to: Motion in limine

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.

Judge Orelia E. Merchant

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Applies to: Pretrial order ?

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.

Judge Orelia E. Merchant

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Applies to: Pretrial order ?

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.

Judge Orelia E. Merchant

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Applies to: Exhibits

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.

Judge Orelia E. Merchant

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Applies to: Exhibits

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.

Judge Orelia E. Merchant

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Applies to: Letter

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.

Judge Orelia E. Merchant

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Applies to: Verdict sheet

Verdict sheets must include formulae for the calculation of damages where applicable.

Summary: Verdict sheets must include damages-calculation formulae when applicable.

Judge Orelia E. Merchant

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Applies to: Exhibits

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.

Judge Orelia E. Merchant

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Applies to: Filing

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.

Judge Orelia E. Merchant

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Applies to: Motion in limine

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.

Judge Orelia E. Merchant

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Applies to: Proposed findings conclusions ?

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.

Judge Orelia E. Merchant

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Applies to: Presentence report objection ?

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.

Judge Orelia E. Merchant

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Applies to: Guilty plea notice ?

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.

Judge Orelia E. Merchant

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Applies to: Video audio exhibit

Video/audio exhibits that are too large to file on ECF may not be submitted via USB or CD. The filing party should contact chambers and will receive instructions for filing such exhibits. The party must also file a cover letter on ECF describing the video/audio evidence submitted to the Court.

Summary: Oversized video/audio exhibits cannot be submitted by USB/CD and require chambers instructions plus an ECF cover letter describing the evidence.

Judge Pamela K. Chen

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Applies to: Faxed document ?

Documents faxed must be electronically filed.

Summary: Any document sent by fax must also be filed electronically.

Judge Pamela K. Chen

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Applies to: Motion papers ?

On the day the motion is fully briefed, each party shall electronically file its own moving papers, except where the non-moving party is pro se, in which case the moving party shall file both parties' papers.

Summary: On full briefing, each party must e-file its own papers, except the moving party must file both sides' papers when the non-moving party is pro se.

Judge Pamela K. Chen

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Applies to: Summary judgment motion

In any case where a summary judgment motion is filed against a pro se litigant, the moving party is directed to comply with the notice required by Local Civil Rule 56.2.

Summary: A moving party filing summary judgment against a pro se litigant must provide the notice required by Local Civil Rule 56.2.

Judge Pamela K. Chen

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Applies to: Pretrial order
Must include: caption ?

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 a proposed pretrial order, which shall include the following:

Summary: Unless the Court orders otherwise, parties must submit a proposed pretrial order within 60 days after discovery completion, and it must contain specified required contents.

Judge Pamela K. Chen

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Applies to: Submission

Required for all submissions that cite record material.

Summary: Submissions citing record material must include evidentiary citations.

Judge Rachel P. Kovner

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Applies to: Proposed findings conclusions ?

File proposed findings of fact and conclusions of law ten days after trial. No responses permitted.

Summary: After a non-jury trial, proposed findings of fact and conclusions of law must be filed within ten days, and responses are not allowed.

Judge Rachel P. Kovner

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Applies to: All documents

Pro se parties are exempt from electronic filing. Nevertheless, a party represented by counsel in a case involving a pro se litigant must still file all documents electronically on ECF and must also mail a hard copy of all documents to the pro se litigant.

Summary: Pro se parties are exempt from e-filing, but represented parties in pro se cases must e-file and mail hard copies to the pro se litigant.

Judge Rachel P. Kovner

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Applies to: Letter

Any filing styled as a “Letter” shall identify in its ECF header (i) the addressee and (ii) the subject matter.

Summary: Letter-form filings must include both the addressee and subject matter in the ECF header.

Judge Rachel P. Kovner

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Applies to: Sur reply ?

Sur-replies require prior authorization.

Summary: A sur-reply may be filed only with prior authorization.

Judge Rachel P. Kovner

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Applies to: Submission

Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.

Summary: Any submission citing record material must include evidentiary citations with specific transcript pages.

Judge Rachel P. Kovner

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Applies to: Local rule 56 1 statement ?

Except in pro se cases, the opposing party’s Local Rule 56.1 statement shall quote verbatim the moving party’s Local Rule 56.1 statement and respond to each allegation immediately beneath each allegation.

Summary: In non-pro-se cases, an opposing Local Rule 56.1 statement must quote each moving-party allegation verbatim and respond directly beneath it.

Judge Rachel P. Kovner

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Applies to: Transcript excerpts ?

Parties shall file only the pages of transcripts containing relevant testimony cited in the memoranda or affidavits. However, excerpts must comply with Federal Rule of Evidence 106. Parties shall include the portion of the transcript necessary for completeness.

Summary: Transcript exhibits must include cited relevant pages and enough context to satisfy Rule 106 completeness.

Judge Rachel P. Kovner

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Applies to: Evidentiary filings ?

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

Summary: Evidentiary exhibit filings must include a declaration identifying each exhibit and its page range within the compiled PDF.

Judge Rachel P. Kovner

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Applies to: Exhibits

The exhibits shall be designated on ECF with short titles. E.g., “Ex. 1 – Doe Declaration,” rather than “Ex. 1.”

Summary: Exhibits must be filed on ECF with descriptive short titles rather than generic labels.

Judge Rachel P. Kovner

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Applies to: Pretrial order

Unless otherwise ordered by the Court, within 60 days of the completion of discovery in a civil case, the parties shall jointly submit to the Court a proposed Pretrial Order, which shall include the following:

Summary: In civil cases, parties must jointly submit a proposed pretrial order within 60 days after discovery closes unless the Court orders otherwise.

Judge Rachel P. Kovner

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Applies to: Pretrial order ?
Must include: caption

1. Caption: The full caption of the action.

Summary: The proposed pretrial order must include the full case caption.

Judge Rachel P. Kovner

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Applies to: Pretrial order ?

8. Witnesses: A list of fact and expert witnesses whose testimony is to be offered in each party’s case in chief, along with the address of each witness and 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 upon good cause shown.

Summary: The pretrial order must include detailed witness lists, and unlisted witnesses are generally barred absent prompt notice and good cause.

Judge Rachel P. Kovner

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Applies to: Pretrial order ?

11. Exhibits: A schedule listing exhibits to be offered into evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should not include exhibits that a party intends to use solely for impeachment and/or rebuttal purposes. Copies of statements proposed to be read to the jury as “learned treatises” under Federal Rule of Evidence 803(18) shall be listed as exhibits. The plaintiff’s exhibits shall be identified by numbers, and the defendant’s exhibits shall be identified by letters. Except for good cause shown, only exhibits listed will be received into evidence.

Summary: The pretrial order must include an exhibit schedule with specified labeling rules, and only listed exhibits are admissible absent good cause.

Judge Rachel P. Kovner

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Applies to: Documentary evidence

When counsel anticipates that a witness will refer to documentary evidence during his or her direct testimony, counsel shall have (i) two copies of each document for the Court, and (ii) at least one copy each for the court reporter, each present opposing counsel, and each juror.

Summary: Counsel must prepare specified copy sets of documentary evidence for the Court and courtroom participants when a witness will reference documents on direct examination.

Judge Rachel P. Kovner

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Applies to: Proposed findings conclusions ?

In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than ten days after the conclusion of trial. Responses to such submissions are not permitted.

Summary: After a non-jury trial, parties must file proposed findings and conclusions within ten days, and no responses are allowed.

Judge Rachel P. Kovner

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Applies to: Certificate
Must include: certificate of service

Provide pro se litigants with a copy of this Court’s individual rules and file a certificate of service as early as practicable in the litigation.

Summary: Counsel must provide pro se litigants the Court’s individual rules and file a certificate of service early in the case.

Judge Rachel P. Kovner

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Applies to: Proposed order jury instructions and similar filings ?

Proposed orders, jury instructions, and other writings a party requests that the Court adopt shall be filed on ECF and also provided via e-mail, in PDF and Microsoft Word format, to Reyes Chambers@nyed.uscourts.gov.

Summary: Proposed orders, jury instructions, and similar requested writings must be filed on ECF and emailed to chambers in PDF and Microsoft Word formats.

Judge Ramon E. Reyes Jr.

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Applies to: Local rule 56 1 statement ?

Each assertion in the Local Rule 56.1 statement must include a citation to specific evidentiary support from the record.

Summary: Every assertion in a Local Rule 56.1 statement must cite specific record evidence.

Judge Ramon E. Reyes Jr.

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Applies to: Moving papers

The moving papers shall be served on all parties but only a copy of the movant’s cover letter shall be filed via ECF, and designated as a Letter.

Summary: Moving papers must be served, but only the movant's cover letter is filed on ECF as a Letter at that stage.

Judge Ramon E. Reyes Jr.

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Applies to: Opposition and reply papers

Opposition and reply papers shall be served on all parties, but only a copy of the opponent’s cover letter shall be filed via ECF. That filing shall be designated as a Letter on ECF.

Summary: Opposition and reply papers are served on parties, while only the opponent's cover letter is filed on ECF as a Letter.

Judge Ramon E. Reyes Jr.

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Applies to: Rule 56 1 opposing statement ?

statement shall quote verbatim the moving party’s Local Rule 56.1 statement and respond to each allegation immediately beneath each allegation.

Summary: An opposing Local Rule 56.1 statement must quote each moving-party allegation verbatim and respond directly beneath it.

Judge Ramon E. Reyes Jr.

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Applies to: Evidentiary filing ?

Parties shall file only the pages of transcripts containing relevant testimony cited in the memoranda or affidavits. However, excerpts must comply with Federal Rule of Evidence 106. Parties shall include the portion of the transcript necessary for completeness. If the transcript contains a discussion of a matter, include the whole discussion.

Summary: Transcript excerpts must be limited to cited relevant testimony but still include all portions needed for completeness under Rule 106.

Judge Ramon E. Reyes Jr.

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Applies to: Evidentiary filing ?

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

Summary: Evidentiary exhibit filings must include a declaration identifying each exhibit and its page range in the compiled PDF.

Judge Ramon E. Reyes Jr.

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Applies to: Change of plea submission ?

The parties must provide the Court with a copy of any plea agreement and elements sheet at least three (3) business days before a change-of-plea hearing.

Summary: Before a change-of-plea hearing, parties must submit the plea agreement and elements sheet at least three business days in advance.

Judge Ramon E. Reyes Jr.

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Applies to: Pretrial order ?
Must include: caption

Caption: The full caption of the action.

Summary: A proposed joint pretrial order in a civil case must include the full case caption.

Judge Ramon E. Reyes Jr.

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order ?

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

Summary: The joint pretrial order must list trial counsel names, addresses including firm names, and phone numbers.

Judge Ramon E. Reyes Jr.

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order ?

Jurisdiction: A brief statement by the plaintiff explaining the basis of subject-matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction.

Summary: The joint pretrial order must contain jurisdiction statements from both plaintiff and defendant regarding subject-matter jurisdiction.

Judge Ramon E. Reyes Jr.

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Applies to: Pretrial order ?

Claims and Defenses: A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters.

Summary: The pretrial order must include each party’s claims/defenses summary with statutory citations and without evidentiary recitation.

Judge Ramon E. Reyes Jr.

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order ?

Jury or Bench Trial & Trial Length: 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 pretrial order must state whether trial is jury or bench and estimate the number of trial days.

Judge Ramon E. Reyes Jr.

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order ?

Consent to Trial by a 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 pretrial order must state whether all parties consent to magistrate-judge trial without identifying which parties did or did not consent.

Judge Ramon E. Reyes Jr.

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order ?

Witnesses: A list of fact and expert witnesses whose testimony is to be offered in each party’s case in chief, along with the address of each witness and 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 upon good cause shown.

Summary: The pretrial order must list fact and expert witnesses with addresses and expected testimony, and unlisted witnesses are barred absent prompt notice and good cause.

Judge Ramon E. Reyes Jr.

Machine summary. Not checked yet.CRITICAL?

Applies to: Pretrial order ?

Exhibits: A schedule listing exhibits to be offered into evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should not include exhibits that a party intends to use solely for impeachment and/or rebuttal purposes. Copies of statements proposed to be read to the jury as “learned treatises” under Federal Rule of Evidence 803(18) shall be listed as exhibits. The plaintiff’s exhibits shall be identified by numbers, and the defendant’s exhibits shall be identified by letters. Except for good cause shown, only exhibits listed will be received into evidence.

Summary: The pretrial order must include a detailed exhibit schedule with party identification and marking conventions, and generally only listed exhibits will be admitted.

Judge Ramon E. Reyes Jr.

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Applies to: Certificate
Must include: certificate of service

Provide pro se litigants with a copy of this Court’s individual rules and file a certificate of service as early as practicable in the litigation.

Summary: Counsel must provide pro se litigants with the Court’s individual rules and file a certificate of service promptly in the case.

Judge Ramon E. Reyes Jr.

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Applies to: Answer

In habeas cases with pro se petitioners, the respondent must serve the petitioner with the answer and the state or federal court record when respondent files the answer and the record on ECF.

Summary: In habeas matters with pro se petitioners, respondents must serve the petitioner with the answer and court record at the time of ECF filing.

Judge Ramon E. Reyes Jr.

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Applies to: Notice of motion

The notice of motion shall state that the oral argument will be held “on a date and at a time to be designated by the court.”

Summary: Each notice of motion must include the specified oral-argument language.

Judge Raymond J. Dearie

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?
Must include: caption

The full caption of the action.

Summary: The joint pretrial order must include the full case caption.

Judge Raymond J. Dearie

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

The names, firm names, addresses, and telephone and fax numbers of trial counsel.

Summary: The joint pretrial order must provide identifying and contact details for trial counsel.

Judge Raymond J. Dearie

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial order ?

A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them.

Summary: The joint pretrial order must include an exhibit schedule identifying offered exhibits and offering party.

Judge Raymond J. Dearie

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Applies to: Exhibits

All exhibits must be pre-marked for the trial and exchanged with the other parties at least ten days before trial.

Summary: Exhibits must be pre-marked and exchanged at least ten days before trial.

Judge Raymond J. Dearie

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Applies to: Joint request to charge

For jury trials, the parties shall submit a Joint Request to Charge. This filing shall include the elements of the claims, the damages sought, the defenses, and any special requests to charge.

Summary: In jury trials, parties must file a Joint Request to Charge containing claim elements, damages, defenses, and special charge requests.

Judge Raymond J. Dearie

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Applies to: Non jury trial statement ?

In non-jury cases, each party shall file a statement of the elements of each claim or defense, along with a summary of the facts relied upon to establish each element.

Summary: In non-jury cases, each party must file a statement of claim/defense elements plus supporting factual summaries.

Judge Raymond J. Dearie

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Applies to: Damages statement ?

Each party shall file a detailed statement regarding damages and other relief sought.

Summary: Each party must file a detailed statement of damages and other requested relief.

Judge Raymond J. Dearie

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Applies to: Filings subject to word limits
Must include: local rule certificate ?

All civil filings subject to word limits in either the Local Rules or these Individual Practices must contain a certification of compliance as set forth in Local Civil Rule 7.1.

Summary: Civil filings subject to word limits must include a certification of compliance per Local Civil Rule 7.1.

Judge Sanket J. Bulsara

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Applies to: Notice of appearance

Notices of Appearance Required in every case consistent with Local Civil Rule 1.4. "Of counsel" appearances prohibited.

Summary: Notices of appearance are required in every case; "of counsel" appearances are prohibited.

Judge Sanket J. Bulsara

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Applies to: Order to show cause

Orders to Show Cause; Return Date: Practice prohibited.

Summary: Orders to show cause with return dates are prohibited.

Judge Sanket J. Bulsara

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Applies to: Motion in limine

Motions in Limine: Due 30 days following filing of JPTO; subject to page and format limitations; single consolidated brief required.

Summary: Motions in limine are due 30 days after JPTO filing, have page/format limits, and must be a single consolidated brief.

Judge Sanket J. Bulsara

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Applies to: Brief ?

Memoranda of 3500 words or more must contain a table of contents and a table of authorities, neither of which shall count against the page limit.

Summary: Memoranda of 3500+ words must include table of contents and table of authorities, excluded from word count.

Judge Sanket J. Bulsara

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Applies to: Brief ?

Case citations must contain pinpoint cites.

Summary: Case citations must include pinpoint cites.

Judge Sanket J. Bulsara

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Applies to: Motion to seal

A party seeking to file a redacted or sealed document should file a single motion to seal that addresses every document (appended as separate exhibits) for which sealing or redaction is sought. A public version of the motion should attach the exhibits containing limited redactions or an indication that the entire document is sealed, as appropriate. A private version of the motion should also be filed under seal with these same documents unredacted in their entirety.

Summary: Motions to seal require both public (redacted) and private (unredacted under seal) versions with all documents appended as exhibits.

Judge Sanket J. Bulsara

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Applies to: Letter

Only the following motions may be made via letter-motion: 1. To adjourn a deadline or extend time; 2. To transfer venue; 3. For remand; 4. For an award of attorney's fees; 5. For Cheeks approval in a Fair Labor Standards Act case; and 6. For ministerial matters consistent with Local Civil Rule 7.1(e). Motions to amend may not be made via letter unless all parties consent to the amendment.

Summary: Only specific motion types may be made via letter-motion; motions to amend require unanimous consent to proceed by letter.

Judge Sanket J. Bulsara

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Applies to: Brief ?

Summary judgment briefing schedules must contain the date of the settlement conference required by Section VI.H.1.

Summary: Summary judgment briefing schedules must include the settlement conference date.

Judge Sanket J. Bulsara

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Applies to: Brief ?

Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations.

Summary: Legal arguments must appear in memoranda of law, not in affidavits or declarations.

Judge Sanket J. Bulsara

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Applies to: Motion ?

Parties must prepare and submit Rule 56.1 statements consistent with the Local Rules.

Summary: Rule 56.1 statements must be prepared and submitted consistent with Local Rules.

Judge Sanket J. Bulsara

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Applies to: Motion

Motions to amend must comply with Local Civil Rule 15.1, which requires the motion to include a clean copy of the proposed amended pleading, as well as a version indicating all differences from the original pleading through typographic methods such as redlining.

Summary: Motions to amend must include both a clean copy of the proposed amended pleading and a redlined version showing all changes.

Judge Sanket J. Bulsara

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Applies to: Amended pleading

The filing of any amended pleading—even if as of right—must include both a clean copy of the amended pleading, as well as a version indicating all differences from the original pleading through typographic methods such as redlining.

Summary: Amended pleadings must include a clean copy and a redlined version showing all differences from the original pleading.

Judge Sanket J. Bulsara

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Applies to: Motion
Must include: certificate of conference ?

Any motion implicating these Local Rules must be accompanied with a certification of compliance with these requirements.

Summary: Motions implicating Local Civil Rules 7.2, 12.1, and 56.2 must include a certification of compliance.

Judge Sanket J. Bulsara

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Applies to: Motion
Must include: certificate of service ?

The party seeking a temporary restraining order must file, with its motion papers, a letter indicating (a) whether and how it has notified its adversary about the motion; or (b) why the requirements of Federal Rule of Civil Procedure 65(b)(1) are satisfied, and notice to the adverse party is not required.

Summary: TRO movant must file a letter stating whether/how adversary was notified or why notice is not required under FRCP 65(b)(1).

Judge Sanket J. Bulsara

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Applies to: Motion
Must include: certificate of conference ?

No such motion will be considered unless the moving party's memorandum includes a certification that, prior to filing the motion, the parties conferred, in person or via video, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement.

Summary: Motions in limine must include a certification that parties conferred in person or via video to resolve issues before filing.

Judge Sanket J. Bulsara

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Applies to: Letter
Must include: certificate of service ?

A party making an application for relief via letter (such as a request for an adjournment), should file the letter as a letter-motion on ECF.

Summary: Applications for relief via letter, including adjournment requests, must be filed as letter-motions on ECF.

Judge Sanket J. Bulsara

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Applies to: Exhibit list

Any exhibit lists must be filed on ECF no later than 7 days prior to trial, and emailed to chambers.

Summary: Exhibit lists must be filed on ECF and emailed to chambers 7 days before trial.

Judge Sanket J. Bulsara

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Applies to: Jury instructions

In addition to filing the document on ECF, a party should provide Microsoft Word versions of proposed (a) voir dire; (b) jury instructions; and (c) verdict forms to the Court's email address.

Summary: Microsoft Word versions of proposed voir dire, jury instructions, and verdict forms must be emailed to the Court in addition to ECF filing.

Judge Sanket J. Bulsara

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Applies to: Plea hearing documents ?

The parties must provide the Court with an electronic copy of the following documents at least three calendar days prior to a change-of-plea hearing, and do so via email to chambers: 1. Plea or cooperation agreement or Pimentel letter; 2. Information, if the defendant intends to plead guilty to a new charging instrument; 3. An executed waiver of indictment form, if the defendant intends to plead guilty to either an information or complaint; and 4. An elements sheet, that sets forth the elements of the offense to which the defendant intends to plead guilty.

Summary: Electronic copies of plea documents must be emailed to chambers at least 3 calendar days before change-of-plea hearing.

Judge Sanket J. Bulsara

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Applies to: Plea agreement

Counsel for the Government must email Chambers with an executed copy of the plea agreement following conclusion of the hearing and provide the document in PDF form.

Summary: Government must email executed plea agreement in PDF format after plea hearing.

Judge Sanket J. Bulsara

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Applies to: Memorandum ?

Memoranda of ten pages or more (3500 words) must contain a table of contents and a table of authorities, neither of which shall count against any page limit.

Summary: Memoranda of 10+ pages or 3500+ words must include table of contents and table of authorities (excluded from page limits).

Judge Sanket J. Bulsara

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Applies to: Discovery motion
Must include: local rule certificate ?

All discovery motions must comply with Local Criminal Rule 16.1 and contain a certification of the same in the motion papers.

Summary: Discovery motions must comply with Local Criminal Rule 16.1 and include certification.

Judge Sanket J. Bulsara

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Applies to: Motion memorandum ?

Each party must file a single consolidated memorandum of law in support of all motions in limine filed by that party.

Summary: Each party must file one consolidated memorandum for all motions in limine.

Judge Sanket J. Bulsara

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Applies to: Pretrial order ?

Any proposed requests to charge, verdict forms, and voir dire questions must be filed on ECF no later than 14 days prior to trial.

Summary: Requests to charge, verdict forms, and voir dire questions due 14 days before trial.

Judge Sanket J. Bulsara

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Applies to: Exhibits

The parties must submit to the Court no later than 2 days prior to trial (but not file on ECF): an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number — e.g., "GX-1," "DX-1," etc.).

Summary: Electronic copies of exhibits must be submitted (not filed on ECF) 2 days before trial with specific filename format.

Judge Sanket J. Bulsara

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Applies to: Extension request ?
Must include: proposed order ?

If the requested extension affects any other scheduled dates, a proposed revised scheduling order must be provided, and it must clearly indicate whether the proposed revised dates are on consent or not on consent.

Summary: An extension request affecting other deadlines must include a proposed revised scheduling order that states whether dates are on consent.

Judge William F. Kuntz

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Applies to: Default judgment
Must include: certificate of service ?

The movant must append to the motion proof of service of the motion for default judgment on the defaulting party.

Summary: A default judgment motion must include proof of service on the defaulting party.

Judge William F. Kuntz

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Applies to: Default judgment

Motions for default judgment will not be considered absent prior issuance of a certificate of default by the Clerk of Court in accordance with Local Civil Rule 55.1.

Summary: A certificate of default issued by the Clerk is a prerequisite to consideration of a default judgment motion.

Judge William F. Kuntz

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Applies to: Default judgment ?

Where service on the defaulting party is made solely on the Secretary of State, counsel must certify that s/he is unaware of any other address where the defaulting party may be found.

Summary: If service was only through the Secretary of State, counsel must certify no other known address for the defaulting party.

Judge William F. Kuntz

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Applies to: Default judgment ?

If the Service Members Civil Relief Act applies to the defaulting party, a complaint non-military affidavit must have been filed.

Summary: When the Service Members Civil Relief Act applies, a non-military affidavit must be filed for default judgment practice.

Judge William F. Kuntz

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Applies to: Joint pretrial order ?
Must include: caption ?

Unless otherwise ordered by the Court, or when permission to file a motion under Rule 56 has been granted, within sixty (60) days from the date discovery in a civil case is certified as complete, the parties shall electronically file a joint pre-trial order for the Court’s approval, which shall include the following:

Summary: In civil cases, parties must electronically file a joint pre-trial order within 60 days after discovery is certified complete, subject to the stated exceptions.

Judge William F. Kuntz

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Applies to: Joint pretrial order ?

Only listed witnesses will be permitted to testify except where prompt notice has been given and good cause shown.

Summary: Only witnesses listed in the pre-trial submissions may testify unless prompt notice is given and good cause is shown.

Judge William F. Kuntz

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Applies to: Joint pretrial order ?

Only exhibits listed will be received in evidence except for good cause shown.

Summary: Only listed exhibits will be admitted into evidence unless good cause is shown.

Judge William F. Kuntz

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Applies to: Pretrial jury filings ?

In jury cases, proposed voir dire questions, jury instructions, and a verdict sheet.

Summary: In civil jury cases, parties must file proposed voir dire questions, proposed jury instructions, and a verdict sheet.

Judge William F. Kuntz

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Applies to: Exhibits

All exhibits must have pre-marked for the trial and exchanged with the other parties at least ten (10) days before trial.

Summary: Exhibits must be pre-marked and exchanged with other parties at least 10 days before trial.

Judge William F. Kuntz

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Applies to: Pro se litigant
Must include: ecf filing exempt ?

Unless otherwise ordered, pro se litigants are exempt from ECF filing requirements.

Summary: Pro se litigants exempt from ECF filing requirements.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?

Joint Proposed Pretrial Order to be submitted: (30 days after dispositive motion practice deadline)

Summary: Joint Proposed Pretrial Order due 30 days after dispositive motion practice deadline.

Magistrate Judge Anne Y. Shields

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Applies to: Notice of appearance
Must include: ecf registration, notice of appearance ?

All attorneys representing parties in cases assigned to this court must file a Notice of Appearance and register to receive ECF notifications prior to filing any documents, and prior to making a personal appearance before the court.

Summary: Attorneys must file Notice of Appearance and register for ECF notifications before filing documents or appearing.

Magistrate Judge Anne Y. Shields

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Applies to: Pro se litigant ?

Pro se parties without ECF access must make filings via hand delivery or U.S. mail: to the designated "pro se clerk" in the clerk's office, to the attention of Magistrate Judge Shields and the assigned District Judge, and by U.S. mail to the attorneys for all other parties.

Summary: Pro se filing methods and recipients.

Magistrate Judge Anne Y. Shields

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Applies to: Initial joint letter

In all cases this Court's "Initial Joint Letter" annexed as Exhibit G shall be submitted to the Court via ECF no later than two days prior to the Initial Conference.

Summary: Initial Joint Letter due 2 days before initial conference.

Magistrate Judge Anne Y. Shields

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Applies to: Initial conference ?
Must include: joint letter, discovery plan worksheet ?

In all cases, counsel must confer and prepare Exhibit B (Discovery Plan Worksheet) as well as the required Joint Letter.

Summary: Discovery Plan Worksheet and Joint Letter required.

Magistrate Judge Anne Y. Shields

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Applies to: Initial conference
Must include: appendix c

In all cases alleging an FLSA violation Counsel must confer and also complete form Appendix C hereto prior to the Initial Conference.

Summary: FLSA Appendix C required for FLSA cases.

Magistrate Judge Anne Y. Shields

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Applies to: Initial conference forms ?

All forms required must be submitted to the court via ECF no later than three business days prior to the initial conference.

Summary: All forms due 3 business days before initial conference.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery request
Must include: local rule 26 3 definitions ?

Counsel are directed to consult Local Rule 26.3 which sets forth "Uniform Definitions in Discovery Requests." The definitions set forth therein are deemed incorporated in all discovery requests and counsel are directed to refrain from the use of any other definitions of the terms set forth therein.

Summary: Local Rule 26.3 definitions incorporated in all discovery requests.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?

Final date to take first step in dispositive motion practice: (Parties are directed to consult the District Judge’s individual rules regarding such motion practice. (Presumptively 30 days after close of discovery)

Summary: First dispositive motion presumptively due 30 days after discovery closes; parties must consult judge's individual rules.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?

Expert discovery completed by: (Presumptively 3 months after close of fact discovery)

Summary: Expert discovery presumptively completed 3 months after fact discovery closes.

Magistrate Judge Anne Y. Shields

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Applies to: Confidential information ?
Must include: certificate of conference ?

I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation.

Summary: Confidential information must not be disclosed or used for any purpose other than the litigation.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?
Must include: hipaa compliant records authorizations ?

Deadline for completion of Rule 26(a) initial disclosures and HIPAA-complaint records authorizations:

Summary: Rule 26(a) initial disclosures and HIPAA authorizations must be completed by a specified deadline.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?
Must include: joint letter

Completion date for Phase I Discovery as agreed upon by the parties: (See paragraph 7 of joint letter requirement)

Summary: Phase I Discovery completion date must be agreed upon by parties and referenced in joint letter.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?

Motion to join new parties or amend the pleadings: (Presumptively 15 days post status conference)

Summary: Motion to join parties or amend pleadings presumptively due 15 days after status conference.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?

All fact discovery completed by: (Presumptively 9 months after deadline for joining parties/amend the pleadings)

Summary: Fact discovery presumptively completed 9 months after deadline for joining parties/amending pleadings.

Magistrate Judge Anne Y. Shields

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Applies to: Settlement report ?
Must include: judge name, case number, certificate of service ?

By [DATE], within 7 days after the conference referenced above, counsel must jointly file a Report Regarding Settlement that notifies the Court: (1) whether the parties have reached an agreement in principle to settle the case and will be submitting that agreement to the Court for review and approval;(2) whether the parties have not settled the case but want to continue settlement discussions with each other for a specific period, not to exceed two weeks; (3) whether the parties are unable to reach settlement, at which point the Court will refer the action to mediation.

Summary: Joint settlement report required within 7 days after settlement conference.

Magistrate Judge Anne Y. Shields

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Applies to: Joint motion to approve settlement ?
Must include: judge name, case number, proposed order +1 more ?

If the parties settle at a later time, they must immediately advise the Court and promptly submit a joint motion to approve the settlement.

Summary: Parties must immediately advise court and file joint motion to approve settlement if settled later.

Magistrate Judge Anne Y. Shields

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Applies to: Joint letter
Must include: judge name, case number, notice of electronic filing ?

2 DAYS PRIOR TO THE INITIAL CONFERENCE, COUNSEL MUST SUBMIT A JOINT LETTER ON THE DOCKET STATING:

Summary: Joint letter required 2 days before initial conference with specific content requirements

Magistrate Judge Anne Y. Shields

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Applies to: Joint proposed pretrial order

The parties must file a joint proposed pretrial order in the format prescribed by the presiding District Judge on or before the deadline set by the Court or as set forth in the presiding District Judge’s Individual Practices and Rules.

Summary: Parties must file a joint proposed pretrial order by the applicable deadline and in the presiding district judge’s required format.

Magistrate Judge Clay H. Kaminsky

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Applies to: Ecf filing ?
Must include: certificate of service ?

Counsel representing parties in cases involving pro se litigants must send copies of documents filed by ECF to the pro se party and must file proof of service on ECF.

Summary: In cases with pro se litigants, counsel must serve ECF-filed documents on the pro se party and file proof of service.

Magistrate Judge Clay H. Kaminsky

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Applies to: Notice of appearance

Attorneys appearing before the Court must first enter a notice of appearance on ECF prior to their first appearance.

Summary: Counsel must file a notice of appearance on ECF before appearing for the first time.

Magistrate Judge Clay H. Kaminsky

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Applies to: Joint proposed discovery plan

The parties must file their joint proposed discovery plan on ECF at least one week before the Initial Conference.

Summary: Parties must file a joint proposed discovery plan at least one week before the initial conference.

Magistrate Judge Clay H. Kaminsky

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Applies to: Confidential ex parte settlement statement ?

Each settlement statement must contain the last demand and offer made, a realistic assessment of the strengths and weaknesses of the case, information on what is important to the client, any barriers to settlement, and anything else that will assist the Court in helping the parties reach an agreement.

Summary: Each confidential settlement statement must include specified substantive content, including offers, case assessment, client priorities, and settlement barriers.

Magistrate Judge Clay H. Kaminsky

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Applies to: Adjournment request ?
Must include: notice of electronic filing ?

A request for adjournment or for extension of time must be filed on ECF as a "Motion" and not as a "Letter."

Summary: Adjournment/extension requests must be filed as "Motion" not "Letter"

Magistrate Judge James R. Cho

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Applies to: Notice of appearance
Must include: notice of appearance

Parties should primarily communicate with the Court through the Case Management/Electronic Case Files ("ECF") program. 1 Each attorney of record must file a Notice of Appearance as to each represented party and must register to receive ECF notifications before filing any motions, letters, or other documents. Attorneys will receive notification of all Court orders electronically.

Summary: Attorneys must file Notice of Appearance and register for ECF notifications before filing

Magistrate Judge James R. Cho

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Applies to: All
Must include: notice of electronic filing ?

All documents must be filed electronically on ECF, except as stated below or otherwise directed by the Court.

Summary: All documents must be filed electronically on ECF

Magistrate Judge James R. Cho

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Applies to: All ?
Must include: certificate of service ?

Counsel in cases involving pro se litigants must send copies of documents filed on ECF to the pro se party, and file proof of service on ECF.

Summary: Counsel must send ECF filings to pro se parties and file proof of service

Magistrate Judge James R. Cho

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Applies to: Joint discovery plan ?
Must include: judge name, case number ?

Two business days before the Initial Conference, the parties must file on ECF a joint, proposed discovery plan, that includes proposed deadlines for the following items: (1) exchange of initial disclosures, if not already completed; (2) amendment to pleadings; (3) joinder of parties; (4) completion of fact discovery; (5) completion of expert discovery, if applicable; and (6) commencement of dispositive motion practice, if any (subject to the Individual Practices and Rules of the presiding District Judge).

Summary: Joint discovery plan must be filed 2 business days before Initial Conference.

Magistrate Judge James R. Cho

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Applies to: Motion
Must include: judge name, case number ?

Litigants shall make discovery or other non-dispositive motions by letter motion, pursuant to Local Civil Rules 37.3(c) or 7.1(d), and shall be filed on ECF as a “Motion,” not as a “Letter.”

Summary: Discovery/non-dispositive motions filed as “Motion” on ECF, not “Letter”.

Magistrate Judge James R. Cho

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Applies to: Motion ?
Must include: memorandum of law

Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations. See Local Civil Rule 7.1.

Summary: Legal arguments must be in memorandum of law, not affidavits.

Magistrate Judge James R. Cho

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Applies to: Deposition
Must include: continue during dispute, contact court before discontinuing ?

To the extent practical, the parties should continue the deposition while waiting for the Court to address the areas in dispute. Under no circumstances should the parties discontinue the deposition without first attempting to contact the Court.

Summary: Continue deposition while waiting for Court; do not discontinue without contacting Court.

Magistrate Judge James R. Cho

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Applies to: Pretrial order
Must include: caption, judge name, case number ?

The parties must file a proposed joint pretrial order in the format prescribed by the presiding District Judge on or before the deadline set by the Court or as set forth in the presiding District Judge’s Individual Practices and Rules.

Summary: Joint pretrial order must be filed by deadline in format prescribed by District Judge.

Magistrate Judge James R. Cho

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Applies to: Pretrial order ?

(a) A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should also separately include exhibits that the party knows or anticipates prior to trial it may offer for impeachment or rebuttal purposes. The parties will list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party. Parties are expected to resolve before trial all issues of authenticity, chain of custody and related grounds. Only exhibits listed will be received in evidence, except for good cause shown.

Summary: Exhibits must be listed with objections and resolved before trial; only listed exhibits admitted except for good cause.

Magistrate Judge James R. Cho

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Applies to: Pretrial order ?

All exhibits must be pre-marked for the trial, exchanged with the other parties, and delivered to the Court at least 10 days before trial, or sooner if directed by the Court. Where exhibits are voluminous, they should be placed in binders with tabs or clipped and placed in labeled folders.

Summary: Exhibits must be pre-marked, exchanged, and delivered to Court at least 10 days before trial.

Magistrate Judge James R. Cho

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Applies to: Motion in limine ?
Must include: caption, judge name, case number ?

Filings Prior to Trial in Civil Consent Cases. Unless otherwise ordered by the Court, each party shall file the following items 15 days prior to the start of trial: (1) All motions addressing any evidentiary or other issues that should be resolved in limine. Any opposition should be filed 7 days prior to the start of trial. Any reply should be filed 3 days prior to the start of trial.

Summary: Motions in limine must be filed 15 days before trial, with opposition 7 days and reply 3 days before trial.

Magistrate Judge James R. Cho

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Applies to: Pretrial order
Must include: caption, judge name ?

In consent cases assigned to Judge Cho for trial, on or before the deadline set by the Court, the parties shall submit a proposed joint pretrial order that includes the following: (1) The full caption of the action. (2) The names, addresses (including firm names), telephone number, and email addresses of trial counsel. (3) 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 relied on and relevant facts as to citizenship and jurisdictional amount. (4) A brief summary by each party of the claims and defenses that party has asserted that 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 that are not to be tried. (5) 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. (6) Any stipulations or agreed statements of fact or law that have been agreed to by all parties. (7) A list of the names and addresses of all witnesses, including possible witnesses who may be called only for impeachment or rebuttal purposes and so designated, 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. (8) A designation by each party of those portions of any deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.

Summary: Consent cases before Judge Cho require detailed joint pretrial order with specific content requirements.

Magistrate Judge James R. Cho

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Applies to: Pretrial order
Must include: caption, judge name ?

In consent cases assigned to Judge Cho for trial, on or before the deadline set by the Court, the parties shall submit a proposed joint pretrial order that includes the following: (1) The full caption of the action. (2) The names, addresses (including firm names), telephone number, and email addresses of trial counsel. (3) 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 relied on and relevant facts as to citizenship and jurisdictional amount. (4) A brief summary by each party of the claims and defenses that party has asserted that 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 that are not to be tried. (5) 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. (6) Any stipulations or agreed statements of fact or law that have been agreed to by all parties. (7) A list of the names and addresses of all witnesses, including possible witnesses who may be called only for impeachment or rebuttal purposes and so designated, 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. (8) A designation by each party of those portions of any deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.

Summary: Consent cases before Judge Cho require detailed joint pretrial order with specific content requirements.

Magistrate Judge James R. Cho

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Civil cases

Applies to: Notice of appearance

Any attorney appearing before the Court must first enter a notice of appearance on ECF.

Summary: An attorney must file a notice of appearance on ECF before appearing before the Court.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Motion for admission pro hac vice
Must include: proposed order

A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) business days prior to the return date designated in the notice of motion.

Summary: Pro hac vice motions must include a proposed order and be served and filed electronically at least seven business days before the return date.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Discovery joint letter ?

The joint letter shall begin with a brief statement of the claims and defenses at issue in the case.

Summary: Discovery joint letters must start with a brief statement of claims and defenses.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Pre motion conference letter ?

When submitting a pre-motion letter regarding a request to amend a pleading, the moving party shall attach: (1) the proposed amended pleading and (2) a redlined comparison of the operative pleading and proposed amended pleading.

Summary: A pre-motion letter seeking leave to amend must include both the proposed amended pleading and a redline against the operative pleading.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Cover letter

To start the briefing process, a notice 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. A copy of the cover letter only – and not the papers themselves – shall be filed electronically using the “Letter” event on ECF, not the “Motion” event or “Notice of Motion” event.

Summary: To initiate briefing in these cases, movants must serve notice and papers with a cover letter and file only that cover letter on ECF under the Letter event.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Proposed order ?

Should the parties endeavor to customize such proposed Confidentiality Order, they shall submit to the Court both clean and redlined version of the same, as well as a letter providing the reasoning for any changes.

Summary: Customized proposed confidentiality orders must be submitted with both clean and redlined versions plus a justification letter.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Joint proposed pretrial order ?
Must include: caption ?

Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case, the parties shall submit to the Court a joint proposed pre-trial order that includes the following:

Summary: Within 60 days after discovery closes, parties must submit a joint proposed pre-trial order containing required case and trial information unless the Court orders otherwise.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Trial exhibit list ?

All exhibits must be pre-marked in the order in which they are expected to be used (using numerals for Plaintiff’s exhibits and letters for Defendant’s exhibits). Parties are expected to resolve before trial all issues of authenticity or chain of custody. Only exhibits listed will be received in evidence, except for good cause shown.

Summary: Trial exhibits must be pre-marked in specified numbering format, authenticity issues should be resolved before trial, and only listed exhibits are admitted absent good cause.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Jury trial pretrial submissions ?

For jury trials, proposed jury instructions, voir dire questions, and a jury verdict sheet shall be filed at least ten (10) days prior to the start of the trial.

Summary: In jury trials, proposed jury instructions, voir dire questions, and a verdict sheet must be filed at least 10 days before trial.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Application to seal

Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and any other controlling authority.

Summary: An application to seal must include supporting affidavit(s) and a memorandum of law addressing sealing standards and controlling authority including Lugosch.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Motion for admission pro hac vice
Must include: proposed order

A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) business days prior to the return date designated in the notice of motion.

Summary: Pro hac vice motions must include a proposed order and be served and filed electronically at least seven business days before the return date.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Discovery joint letter ?

The joint letter shall begin with a brief statement of the claims and defenses at issue in the case.

Summary: Discovery joint letters must start with a brief statement of claims and defenses.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Pre motion conference letter ?

When submitting a pre-motion letter regarding a request to amend a pleading, the moving party shall attach: (1) the proposed amended pleading and (2) a redlined comparison of the operative pleading and proposed amended pleading.

Summary: A pre-motion letter seeking leave to amend must include both the proposed amended pleading and a redline against the operative pleading.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Cover letter

To start the briefing process, a notice 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. A copy of the cover letter only – and not the papers themselves – shall be filed electronically using the “Letter” event on ECF, not the “Motion” event or “Notice of Motion” event.

Summary: To initiate briefing in these cases, movants must serve notice and papers with a cover letter and file only that cover letter on ECF under the Letter event.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Proposed order ?

Should the parties endeavor to customize such proposed Confidentiality Order, they shall submit to the Court both clean and redlined version of the same, as well as a letter providing the reasoning for any changes.

Summary: Customized proposed confidentiality orders must be submitted with both clean and redlined versions plus a justification letter.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Joint proposed pretrial order ?
Must include: caption ?

Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case, the parties shall submit to the Court a joint proposed pre-trial order that includes the following:

Summary: Within 60 days after discovery closes, parties must submit a joint proposed pre-trial order containing required case and trial information unless the Court orders otherwise.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Trial exhibit list ?

All exhibits must be pre-marked in the order in which they are expected to be used (using numerals for Plaintiff’s exhibits and letters for Defendant’s exhibits). Parties are expected to resolve before trial all issues of authenticity or chain of custody. Only exhibits listed will be received in evidence, except for good cause shown.

Summary: Trial exhibits must be pre-marked in specified numbering format, authenticity issues should be resolved before trial, and only listed exhibits are admitted absent good cause.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Jury trial pretrial submissions ?

For jury trials, proposed jury instructions, voir dire questions, and a jury verdict sheet shall be filed at least ten (10) days prior to the start of the trial.

Summary: In jury trials, proposed jury instructions, voir dire questions, and a verdict sheet must be filed at least 10 days before trial.

Magistrate Judge Joseph A. Marutollo

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Civil cases

Applies to: Application to seal

Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and any other controlling authority.

Summary: An application to seal must include supporting affidavit(s) and a memorandum of law addressing sealing standards and controlling authority including Lugosch.

Magistrate Judge Joseph A. Marutollo

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Applies to: Notice of appearance

All attorneys must file a Notice of Appearance prior to appearing in Court.

Summary: Attorneys must file a Notice of Appearance before appearing in court.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Ecf filing ?
Must include: certificate of service ?

Counsel in cases involving pro se litigants must send copies of documents filed via ECF to the pro se party, and file proof of service via ECF.

Summary: In cases with pro se litigants, counsel must serve ECF-filed documents on the pro se party and file proof of service on ECF.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Proposed discovery plan scheduling order

Five (5) business days before the Initial Conference, the parties must jointly file the completed Proposed Discovery Plan/Scheduling Order using the form that can be found here:

Summary: Parties must jointly file the completed Proposed Discovery Plan/Scheduling Order five business days before the Initial Conference.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Discovery motion

Litigants must make discovery motions by letter motion.

Summary: Discovery motions must be filed as letter motions.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Letter motion

The letter motion must attach as exhibits a clean copy of the proposed order and a redlined comparison between the proposed order and the Court’s form Protective Order.

Summary: Protective-order change letter motions must attach clean and redlined proposed orders as exhibits.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Ex parte settlement letter

The ex parte settlement letters must include the communicated demand and offer as prescribed in Rule IV.B.1 above, the strengths and weaknesses of their case, and any legal arguments in support of their settlement position with citations to relevant authorities.

Summary: Ex parte settlement letters must include prior demand/offer, case strengths and weaknesses, and supporting legal arguments with citations.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Motion implicating fed r app p 4 a 4 a or similar time limiting rules ?

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 federal time limits to avoid loss of substantive rights but must include an explanation of that conclusion.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Joint pretrial order
Must include: caption ?

On the date specified in the scheduling order, the parties must submit a joint pretrial order that includes the following:

Summary: By the scheduling-order date, parties must file a joint pretrial order containing required listed components.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Trial exhibits ?

All exhibits must be pre-marked for the trial, placed in binders with tabs, and exchanged with the other parties with two courtesy copies sent to Judge Eshkenazi at least ten (10) days before trial.

Summary: Trial exhibits must be pre-marked, tabbed in binders, exchanged with other parties, and accompanied by two courtesy copies to chambers at least 10 days before trial.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Motions in limine ?

All motions addressing any evidentiary or other issues that should be resolved in limine must be filed at least thirty (30) days prior to the commencement date of trial.

Summary: Motions in limine must be filed at least 30 days before trial starts.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Verdict sheet

verdict sheet must be filed at least fourteen (14) days prior to the start of the trial.

Summary: A verdict sheet must be filed at least 14 days before trial begins.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Proposed discovery plan

At least five (5) business days before the Initial Conference, the parties must file on ECF a joint Proposed Discovery Plan/Scheduling Order that includes proposed deadlines for the following items: (a) exchange of initial disclosures, if not already completed; (b) amendment to pleadings; (c) joinder of parties; (d) completion of fact discovery (divided into two phases as discussed below); (e) settlement conference or mediation; (f) completion of expert discovery, if applicable; and (g) commencement of dispositive motion practice, if any

Summary: Parties must file a joint Proposed Discovery Plan/Scheduling Order at least 5 business days before the Initial Conference with specific required deadline items.

Magistrate Judge Lee G. Dunst

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Applies to: Discovery motion ?
Must include: certificate of conference ?

Rule 37(a)(1) requires that a certification be provided that "the movant has in good faith conferred . . . in an effort to obtain [the discovery] without court action."

Summary: Discovery motions must include a certification that the movant has in good faith conferred to obtain discovery without court action.

Magistrate Judge Lee G. Dunst

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Applies to: Memorandum of law ?

All memoranda shall contain both a table of contents and a table of authorities.

Summary: All memoranda must include a table of contents and a table of authorities.

Magistrate Judge Lee G. Dunst

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Applies to: Affidavit

Legal arguments must be set forth in a memorandum of law; affidavits or declarations containing legal argument will be rejected.

Summary: Legal arguments must be in memoranda of law; affidavits or declarations with legal argument will be rejected.

Magistrate Judge Lee G. Dunst

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Applies to: Memorandum of law ?

Any memoranda, affidavits, or declarations not complying with the requirements set forth herein will be rejected.

Summary: Non-compliant memoranda, affidavits, or declarations will be rejected.

Magistrate Judge Lee G. Dunst

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Applies to: Declaration

A counseled party moving for summary judgment against a pro se party must attach the pro se party's complete deposition transcript to its declaration.

Summary: Summary judgment motions against pro se parties must attach the complete deposition transcript.

Magistrate Judge Lee G. Dunst

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Applies to: All filings ?
Must include: notice of electronic filing ?

Attorneys must enter a notice of appearance and register to receive ECF notifications prior to filing any letters, motions or other documents.

Summary: Attorneys must register for ECF and enter notice of appearance before filing documents.

Magistrate Judge Marcia M. Henry

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Applies to: Discovery motion ?

Every motion to compel or motion for a protective order shall attach as exhibits the language of the specific discovery request that is at issue in the motion.

Summary: Motions to compel or for protective orders must attach the specific discovery request language as exhibits.

Magistrate Judge Marcia M. Henry

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Applies to: All filings ?
Must include: certificate of service ?

Counsel in cases involving pro se litigants must send copies of documents filed via ECF to the pro se party, and file proof of service via ECF.

Summary: Counsel must serve pro se parties with ECF filings and file proof of service.

Magistrate Judge Marcia M. Henry

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Applies to: Letter motion
Must include: notice of electronic filing ?

Requests for adjournments and/or for extensions of filing deadlines must be filed electronically as a letter motion using the "Motions" option via ECF, not the "Letter" option.

Summary: Adjournment and extension requests must be filed as letter motions using the ECF "Motions" option, not the "Letter" option.

Magistrate Judge Marcia M. Henry

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Applies to: Discovery motion ?
Must include: certificate of conference ?

Failure to comply with this requirement, or to include a certification of such efforts consistent with Rule 37(a)(1), will result in the denial of the motion.

Summary: Discovery motions must include a certification of good faith efforts to resolve disputes.

Magistrate Judge Marcia M. Henry

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Applies to: Motion
Must include: proposed order

A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) days prior to the return date designated in the notice of motion. Although there is no need to file a memorandum of law, this motion must comply with Local Civil Rule 1.3(i).

Summary: Pro hac vice motions must include proposed order, be filed 7 days before return date, and comply with Local Rule 1.3(i).

Magistrate Judge Marcia M. Henry

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Applies to: Jury instructions ?

Unless the Court orders otherwise, the parties shall file via ECF their respective requests to charge and proposed voir dire questions at least two (2) weeks before trial.

Summary: Requests to charge and voir dire questions must be filed 2 weeks before trial.

Magistrate Judge Marcia M. Henry

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Applies to: Proposed findings conclusions ?

Unless the Court orders otherwise, the parties shall file via ECF a joint statement of the elements of each claim or defense involving that party, together with a summary of the facts relied upon to establish each element, at least two (2) weeks before trial.

Summary: Joint statement of claim elements and factual summary must be filed 2 weeks before bench trial.

Magistrate Judge Marcia M. Henry

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Applies to: Proposed findings conclusions ?

In bench trials, parties shall file proposed findings of fact and conclusions of law no later than two (2) weeks after the conclusion of trial. No responses to such submissions shall be permitted.

Summary: Proposed findings of fact and conclusions of law must be filed within 2 weeks after bench trial; no responses allowed.

Magistrate Judge Marcia M. Henry

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Applies to: All filings ?
Must include: notice of electronic filing ?

Attorneys must enter a notice of appearance and register to receive ECF notifications prior to filing any letters, motions or other documents.

Summary: Attorneys must register for ECF and enter notice of appearance before filing documents.

Magistrate Judge Marcia M. Henry

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Applies to: Discovery motion ?

Every motion to compel or motion for a protective order shall attach as exhibits the language of the specific discovery request that is at issue in the motion.

Summary: Motions to compel or for protective orders must attach the specific discovery request language as exhibits.

Magistrate Judge Marcia M. Henry

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Applies to: All filings ?
Must include: certificate of service ?

Counsel in cases involving pro se litigants must send copies of documents filed via ECF to the pro se party, and file proof of service via ECF.

Summary: Counsel must serve pro se parties with ECF filings and file proof of service.

Magistrate Judge Marcia M. Henry

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Applies to: Letter motion
Must include: notice of electronic filing ?

Requests for adjournments and/or for extensions of filing deadlines must be filed electronically as a letter motion using the "Motions" option via ECF, not the "Letter" option.

Summary: Adjournment and extension requests must be filed as letter motions using the ECF "Motions" option, not the "Letter" option.

Magistrate Judge Marcia M. Henry

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Applies to: Discovery motion ?
Must include: certificate of conference ?

Failure to comply with this requirement, or to include a certification of such efforts consistent with Rule 37(a)(1), will result in the denial of the motion.

Summary: Discovery motions must include a certification of good faith efforts to resolve disputes.

Magistrate Judge Marcia M. Henry

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Applies to: Motion
Must include: proposed order

A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) days prior to the return date designated in the notice of motion. Although there is no need to file a memorandum of law, this motion must comply with Local Civil Rule 1.3(i).

Summary: Pro hac vice motions must include proposed order, be filed 7 days before return date, and comply with Local Rule 1.3(i).

Magistrate Judge Marcia M. Henry

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Applies to: Jury instructions ?

Unless the Court orders otherwise, the parties shall file via ECF their respective requests to charge and proposed voir dire questions at least two (2) weeks before trial.

Summary: Requests to charge and voir dire questions must be filed 2 weeks before trial.

Magistrate Judge Marcia M. Henry

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Applies to: Proposed findings conclusions ?

Unless the Court orders otherwise, the parties shall file via ECF a joint statement of the elements of each claim or defense involving that party, together with a summary of the facts relied upon to establish each element, at least two (2) weeks before trial.

Summary: Joint statement of claim elements and factual summary must be filed 2 weeks before bench trial.

Magistrate Judge Marcia M. Henry

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Applies to: Proposed findings conclusions ?

In bench trials, parties shall file proposed findings of fact and conclusions of law no later than two (2) weeks after the conclusion of trial. No responses to such submissions shall be permitted.

Summary: Proposed findings of fact and conclusions of law must be filed within 2 weeks after bench trial; no responses allowed.

Magistrate Judge Marcia M. Henry

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Applies to: Ecf filing ?
Must include: certificate of service ?

Counsel representing parties in cases involving pro se litigants must send copies of documents filed by ECF to the pro se party and must file proof of service on ECF.

Summary: In cases with pro se litigants, counsel must serve ECF-filed documents on the pro se party and file proof of service.

Magistrate Judge Peggy Cross-Goldenberg

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Applies to: Notice of appearance

Attorneys appearing before the Court must first enter a notice of appearance on ECF prior to their first appearance.

Summary: Attorneys must file a notice of appearance on ECF before appearing for the first time.

Magistrate Judge Peggy Cross-Goldenberg

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Applies to: Settlement statement

Each settlement statement must contain the last demand and offer made, a realistic assessment of the strengths and weaknesses of the case, information on what is important to the client, any barriers to settlement, and anything else that will assist the Court in helping the parties reach an agreement.

Summary: Settlement statements must include specified negotiation history and case assessment content.

Magistrate Judge Peggy Cross-Goldenberg

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Applies to: Joint letter ?

The letter shall begin with a brief statement of the claims and defenses at issue in the case and must describe the parties’ efforts to confer and resolve the dispute without court intervention as required by Fed. R. Civ. P. 37(a)(1).

Summary: The joint discovery letter must include a brief statement of claims/defenses and describe conferral efforts.

Magistrate Judge Peggy Cross-Goldenberg

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Applies to: Pretrial order

The parties must file a joint proposed pretrial order in the format prescribed by the presiding District Judge on or before the deadline set by the Court or as set forth in the presiding District Judge’s Individual Practices and Rules.

Summary: Parties must file a joint proposed pretrial order in the presiding District Judge’s required format by the applicable court-set deadline.

Magistrate Judge Peggy Cross-Goldenberg

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Civil cases

Applies to: Motion for leave to file under seal

The proposed sealed document(s) must be attached to the motion for leave to file under seal.

Summary: The proposed sealed documents must be attached to the motion seeking leave to file under seal.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Settlement statement

Each settlement statement must contain the last demand and offer made, a realistic assessment of the strengths and weaknesses of the case, information on what is important to the client, any barriers to settlement, and anything else that will assist the Court in helping the parties reach an agreement.

Summary: Each settlement statement must include prior demand/offer positions, case strengths and weaknesses, client priorities, settlement barriers, and other helpful settlement information.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Confidentiality order

If a party deems it necessary to have a confidentiality order in place, that order shall be in the form of the Proposed Confidentiality Order on the Chamber’s website (https://www.nyed.uscourts.gov/magistrate-judge-peggy-kuo).

Summary: Any confidentiality order must use the Court’s proposed confidentiality order form from Chambers’ website.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Motion
Must include: certificate of conference ?

The motion, when filed, must be accompanied by a letter certifying compliance with this rule, and stating whether the non-moving parties consent to the motion or, if the other parties could not be reached for input, the moving party’s efforts to reach them.

Summary: A non-dispositive non-discovery motion must include a certification letter describing compliance and the other parties’ consent position or outreach efforts.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?
Must include: caption

Caption: The full caption of the action.

Summary: The Joint Pretrial Order must include the full caption of the action.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order

Unless otherwise ordered by the Court, within sixty (60) days from the date of the completion of discovery in a civil case, the parties must submit to the Court a proposed Joint Pretrial Order, which shall include the following:

Summary: In civil cases, parties must submit a proposed Joint Pretrial Order within 60 days after discovery closes unless the Court orders otherwise.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

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

Summary: The Joint Pretrial Order must list identifying and contact information for trial counsel.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

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 must include citations to a) all statutes and legal doctrines relied on and b) relevant facts as to citizenship and amount in controversy.

Summary: The Joint Pretrial Order must include party jurisdiction statements with supporting legal citations and jurisdictional facts.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

Claims and Defenses: By each party, a brief summary of the elements of the claims and defenses that the party has asserted and that remain to be tried. The summary must include citations to all relevant statutes.

Summary: Each party must summarize remaining claims and defenses and cite relevant statutes in the Joint Pretrial Order.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

Damages: A brief statement of the categories and amounts of damages claimed or other relief sought.

Summary: The Joint Pretrial Order must state the categories and amounts of damages or other relief sought.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

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.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

Stipulations: A statement of stipulated facts, if any.

Summary: The Joint Pretrial Order must include any stipulated facts.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Jury trial filings ?

Unless otherwise ordered by the Court, requests to charge and proposed voir dire questions for the jury shall be filed on ECF one (1) week before trial.

Summary: In jury cases, requests to charge and proposed voir dire questions must be filed on ECF one week before trial unless the Court orders otherwise.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

Witnesses: From each party, a list of names and addresses for the fact and expert witnesses whose testimony is to be offered in the party’s case-in-chief, as well as any anticipated rebuttal witnesses, together with a brief narrative statement of each witness’s expected testimony. Only listed witnesses will be permitted to testify unless prompt notice is given and good cause is shown.

Summary: The Joint Pretrial Order must include detailed witness disclosures, and unlisted witnesses may testify only with prompt notice and good cause.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

Deposition Testimony: By each party, a designation of deposition testimony to be offered by the party in its case-in-chief, along with any cross-designations and objections by any other party.

Summary: The Joint Pretrial Order must include each party’s deposition designations and related cross-designations and objections.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

Exhibits: A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties offering each exhibit.

Summary: The Joint Pretrial Order must include an exhibit schedule identifying exhibits and the offering party.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Joint pretrial order ?

Motions in Limine: A list of any proposed motions addressing evidentiary or other issues that should be resolved in limine.

Summary: The Joint Pretrial Order must list proposed motions in limine on evidentiary or other pretrial issues.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Exhibits

All exhibits must be pre-marked for trial and exchanged between or among the parties at least ten (10) business days before trial.

Summary: Parties must pre-mark and exchange all trial exhibits at least 10 business days before trial.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Exhibits

The Court needs four (4) copies of all exhibits for use at trial.

Summary: Four copies of all exhibits are required for the Court’s use at trial.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Requests to charge

Requests to charge are limited to the elements of the claims, the damages sought, and defenses.

Summary: Requests to charge may address only claim elements, damages sought, and defenses.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Non jury pretrial statement ?

In non-jury cases, a statement of the elements of each claim or defense involving that party, together with a summary of the facts relied upon to establish each element shall be filed on ECF one (1) week before trial.

Summary: In non-jury cases, parties must file an element-by-element claim/defense statement with supporting facts on ECF one week before trial.

Magistrate Judge Peggy Kuo

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Applies to: Correspondence
Must include: caption, judge name, case number ?

All correspondence must have case name, docket number, and initials of judges assigned to the case.

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

Magistrate Judge Robert M. Levy

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Applies to: Joint pretrial order

Unless otherwise ordered by the Court, within 60 days after 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.

Summary: Parties must submit a joint pretrial order within 60 days after discovery completion unless the court orders otherwise.

Magistrate Judge Robert M. Levy

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Applies to: Joint pretrial order ?
Must include: caption

i. The full caption of the action.

Summary: The joint pretrial order must include the full case caption.

Magistrate Judge Robert M. Levy

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Applies to: Joint pretrial order ?

ii. The names, addresses (including firm names) and telephone and fax numbers of trial counsel.

Summary: The joint pretrial order must list trial counsel contact details including addresses, phone, and fax numbers.

Magistrate Judge Robert M. Levy

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Applies to: Joint pretrial order ?

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. 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 party jurisdiction statements with statutory citations and jurisdictional facts.

Magistrate Judge Robert M. Levy

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Applies to: Joint pretrial order ?

iv. A brief summary by each party of the claims and defenses that 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: Each party must summarize remaining claims and defenses and identify claims and defenses no longer to be tried.

Magistrate Judge Robert M. Levy

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Applies to: Joint pretrial order ?

v. 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: Each party must state jury or non-jury trial status and the number of trial days required.

Magistrate Judge Robert M. Levy

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Applies to: Joint pretrial order ?

A schedule listing exhibits to be offered in evidence and if not admitted by stipulation, the party or parties that will be offering them.

Summary: The joint pretrial order must include a schedule of exhibits and identify which party will offer each exhibit if not stipulated.

Magistrate Judge Robert M. Levy

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Applies to: Exhibits

All exhibits must be premarked for the trial and exchanged with the other parties at least ten days before trial.

Summary: Trial exhibits must be premarked and exchanged with other parties at least ten days before trial.

Magistrate Judge Robert M. Levy

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Applies to: Pretrial filings ?

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:

Summary: Each party must make specified pretrial filings by either 15 days before trial or 30 days after the final pretrial order when no trial date is set.

Magistrate Judge Robert M. Levy

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Applies to: Pretrial filings ?

i. Requests to charge and proposed voir dire questions.

Summary: Each party must file requests to charge and proposed voir dire questions in the pretrial filing set.

Magistrate Judge Robert M. Levy

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Applies to: Pretrial filings ?

ii. By claim, a detailed statement regarding damages and other relief sought.

Summary: Each party must file a claim-by-claim detailed statement of damages and other relief sought.

Magistrate Judge Robert M. Levy

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Applies to: Pretrial filings ?

iii. 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: In non-jury cases, each party must file element-by-element claim or defense statements with supporting fact summaries.

Magistrate Judge Robert M. Levy

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Applies to: Pretrial filings ?

iv. In all cases, motions addressing any evidentiary or other issues which should not be resolved in limine; and

Summary: Each party must file motions on evidentiary or other issues that should not be handled in limine.

Magistrate Judge Robert M. Levy

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Applies to: Notice of appearance

Any attorney appearing before the Court must first enter a notice of appearance on ECF prior to their first appearance.

Summary: Attorneys must file a notice of appearance on ECF before appearing for the first time.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Proposed discovery plan

At least seven (7) days before the Initial Conference the parties must file on ECF a joint proposed discovery plan using the model provided by the Court.

Summary: Parties must file a joint proposed discovery plan on ECF at least seven days before the initial conference, using the Court’s model.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Proposed confidentiality order

If any party seeks to change the language of the form order, the party proposing the changes must submit (1) a letter explaining the basis for the proposed changes and setting forth the parties’ positions on those changes; (2) a redlined version of the confidentiality order identifying the proposed changes; and (3) a clean version of the proposed confidentiality order.

Summary: A party proposing edits to the form confidentiality order must submit an explanatory letter, a redline, and a clean version.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Memorandum ?
Must include: word count

Counsel should note that the rule now provides a word limit (as opposed to a page limit) in most cases and requires a certification of the word count.

Summary: Memoranda are governed by word limits and must include a certification of word count.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Pretrial order ?
Must include: caption

Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case, the parties shall submit to the Court a joint proposed pre-trial order that includes the following: 1. The full caption of the action; 2. The names, addresses (including firm names), telephone number, and email addresses of trial counsel;

Summary: In civil cases, the joint proposed pre-trial order must be submitted within 60 days after discovery closes and must include at least the full caption and trial counsel contact details.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Pretrial order ?

A statement by each party as to the witnesses whose testimony is to be offered in the party’s case-in-chief, indicating whether such witnesses will testify in person or by deposition. The statement should also include a brief narrative of the expected testimony for each witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown;

Summary: Each party must provide a detailed witness list in the pretrial order, and only listed witnesses may testify absent prompt notice and good cause.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Pretrial order ?

A table by each party of exhibits to be offered in the party’s case-in-chief, with an indication as to whether any party objects to any such exhibits and a brief statement of the nature of the objection (e.g., “relevance,” “authenticity,” “hearsay”), and a brief response to those objections. The table format below should be followed: All exhibits must be pre-marked in the order in which they are expected to be used (using numerals for Plaintiff’s exhibits and letters for Defendant’s exhibits). Parties are expected to resolve before trial all issues of authenticity or chain of custody. Only exhibits listed will be received in evidence, except for good cause shown.

Summary: The pretrial order must include an exhibit table with objections/responses, pre-marked exhibits, and only listed exhibits are admissible absent good cause.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Jury trial pretrial submissions ?

For jury trials, proposed jury instructions, voir dire questions, and a jury verdict sheet shall be filed at least ten (10) days prior to the start of the trial unless otherwise ordered by the Court.

Summary: Jury trial pretrial submissions must be filed at least 10 days before trial unless the court orders otherwise.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Affidavit or affirmation

Affidavits or affirmations containing legal argument will be rejected.

Summary: Affidavits or affirmations that include legal argument are not permitted.

Magistrate Judge Steven I. Locke

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Applies to: Summary judgment motion ?

The movant must serve a Rule 56.1 Statement pursuant to Local Civil Rule 56.1; a Notice of Motion; an initial memorandum of law; and appropriate supporting

Summary: A summary judgment movant must serve specified motion documents including a Rule 56.1 statement, notice of motion, and initial memorandum.

Magistrate Judge Steven I. Locke

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Applies to: Summary judgment motion papers ?

All documents must comply with the requirements set out in Rule 4(C), supra, and in Local Civil Rule 56.1. Any documents that do not comply will be rejected.

Summary: Summary judgment documents must comply with Rule 4(C) and Local Civil Rule 56.1 or they will be rejected.

Magistrate Judge Steven I. Locke

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Applies to: Moving papers

Where the party moving for summary judgment is represented by counsel and one or more of the non-movants is appearing pro se, the parties must follow the same steps set forth above in Rule 4(D)(i), plus, the movant must also serve on the pro se party or parties a Notice Pursuant to Local Civil Rule 56.2, and must include a copy of that Notice in the moving papers.

Summary: In represented-versus-pro-se summary judgment cases, the movant must serve a Local Civil Rule 56.2 notice and include that notice in the moving papers.

Magistrate Judge Steven I. Locke

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Applies to: Motion for judgment on the pleadings

In all cases in which the plaintiff is represented by counsel, along with its motion for judgment on the pleadings, as required by AO(ii)(A), the plaintiff shall provide a “Statement of Contentions.”

Summary: In consent Social Security appeals where plaintiff is represented, a Statement of Contentions must be filed with the motion for judgment on the pleadings.

Magistrate Judge Steven I. Locke

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Applies to: Responsive papers

The responsive papers filed by the defendant, as required by AO(ii)(B), shall include an “Opposing Statement of Contentions,” containing correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.

Summary: Defendant responsive papers must include an Opposing Statement of Contentions with correspondingly numbered responses to the movant’s statement paragraphs.

Magistrate Judge Steven I. Locke

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Applies to: Joint pretrial order ?
Must include: caption

i. the full caption of the action;

Summary: The joint pretrial order must include the full case caption.

Magistrate Judge Steven I. Locke

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Applies to: Joint pretrial order ?

ii. names, addresses (including firm names), and telephone and fax numbers of trial counsel;

Summary: The joint pretrial order must list trial counsel names, addresses, and phone/fax contact details.

Magistrate Judge Steven I. Locke

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Applies to: Joint pretrial order ?

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. 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 party jurisdiction statements with supporting statutory citations and jurisdictional facts.

Magistrate Judge Steven I. Locke

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Applies to: Joint pretrial order ?

iv. a brief summary by each party of the claims and defenses that party has

Summary: The joint pretrial order must include each party’s brief summary of its claims and defenses.

Magistrate Judge Steven I. Locke

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Applies to: Witness list ?

a list by each party as to the fact and expert witnesses whose testimony is to be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify except when good cause is shown;

Summary: Each party must provide a fact and expert witness list with testimony format, and unlisted witnesses are excluded absent good cause.

Magistrate Judge Steven I. Locke

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Applies to: Deposition designations ?

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; and,

Summary: Each party must designate deposition testimony for its case-in-chief, including cross-designations and objections.

Magistrate Judge Steven I. Locke

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Applies to: Pretrial memorandum

a pretrial memorandum, including citations to case law and/or the record as appropriate.

Summary: A pretrial memorandum with citations to case law and/or the record is required.

Magistrate Judge Steven I. Locke

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Applies to: Exhibit schedule ?

a schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them.

Summary: Parties must submit an exhibit schedule identifying exhibits and the offering party when not stipulated.

Magistrate Judge Steven I. Locke

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Applies to: Exhibit schedule ?

The schedule must also include possible impeachment documents and/or exhibits, as well as exhibits that will be offered only on rebuttal.

Summary: The exhibit schedule must include impeachment and rebuttal exhibits.

Magistrate Judge Steven I. Locke

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Applies to: Exhibit objections ?

The parties must list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party.

Summary: Parties must list and briefly explain admissibility objections to other parties' exhibits.

Magistrate Judge Steven I. Locke

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Applies to: Exhibits

All exhibits must be pre-marked for the trial and exchanged with the other parties at least ten days before trial.

Summary: All trial exhibits must be pre-marked and exchanged at least ten days before trial.

Magistrate Judge Steven I. Locke

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Applies to: Pretrial filings ?

Unless otherwise ordered by the Court, each party shall electronically file, at least two weeks before the date of commencement of trial:

Summary: Required pretrial filings must be electronically filed at least two weeks before trial unless the court orders otherwise.

Magistrate Judge Steven I. Locke

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Applies to: Jury instructions ?

in jury cases, requests to charge and proposed voir dire questions.

Summary: In jury cases, requests to charge and proposed voir dire questions must be filed as pretrial submissions.

Magistrate Judge Steven I. Locke

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Applies to: Damages statement ?

in jury cases, by claim, a detailed statement regarding damages and other relief sought;

Summary: In jury cases, parties must file a claim-by-claim detailed statement of damages and other relief sought.

Magistrate Judge Steven I. Locke

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Applies to: Notice of appearance

Attorneys must file a Notice of Appearance and register to receive ECF notifications prior to filing any documents, and prior to making a personal appearance before the Court.

Summary: Attorneys must file a Notice of Appearance and complete ECF registration before filing documents or appearing personally.

Magistrate Judge Steven L. Tiscione

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Applies to: Application

If relief is sought from the Court, an application must be filed electronically. The application may be in the form of a letter but must be filed using the “Motion” event.

Summary: Any request for relief must be e-filed and, even if submitted as a letter, must use the Motion event.

Magistrate Judge Steven L. Tiscione

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Applies to: Electronically filed documents

Parties represented by counsel, however, must file documents electronically, even in pro se cases. Counsel must also provide copies of any electronically filed documents to pro se litigants

Summary: Even in pro se cases, represented parties must e-file and counsel must provide copies of electronically filed documents to pro se litigants.

Magistrate Judge Steven L. Tiscione

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Applies to: Discovery plan worksheet ?

For cases where all parties are represented by counsel, UNLESS OTHERWISE DIRECTED, the Worksheet must be completed and submitted to the Court.

Summary: In represented civil cases, the discovery worksheet must be completed and submitted unless the Court directs otherwise.

Magistrate Judge Steven L. Tiscione

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Applies to: Discovery plan worksheet ?

The Worksheet must be completed and submitted to the Court via ECF at least two days prior to the Initial Conference.

Summary: The discovery worksheet must be filed on ECF at least two days before the initial conference.

Magistrate Judge Steven L. Tiscione

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Applies to: Discovery plan worksheet ?

Each party must itemize Phase I discovery items on the attached worksheet and submit it prior to the Initial Conference.

Summary: Each party must list Phase I discovery items on the worksheet and submit it before the initial conference.

Magistrate Judge Steven L. Tiscione

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Applies to: Settlement position statement ?

These statements must specify the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. It must have attached to it the party’s communicated demand or offer, as prescribed in paragraph II.B.1 above, but no other additional exhibits.

Summary: Settlement position statements must include specific settlement content, attach the party’s prior demand/offer, and include no additional exhibits.

Magistrate Judge Steven L. Tiscione

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Applies to: Discovery motion ?
Must include: certificate of conference ?

Failure to comply with this requirement, or to include a certification of such efforts consistent with FRCP 37(a)(1), will result in the denial of the motion.

Summary: A discovery/non-dispositive motion must include certification of meet-and-confer efforts or it will be denied.

Magistrate Judge Steven L. Tiscione

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Applies to: Memorandum of law

Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations.

Summary: Legal arguments must appear in a memorandum of law, not in affidavits, affirmations, or declarations.

Magistrate Judge Steven L. Tiscione

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Applies to: Memorandum of law ?

Case citations must contain pinpoint cites.

Summary: Case citations in motion memoranda must include pinpoint citations.

Magistrate Judge Steven L. Tiscione

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Applies to: Motion

Parties should cite to the record – including to specific transcript pages – in summary j judgment motions, and any motions predicated on evidence adduced at a hearing or trial (e.g., preliminary injunction applications, motion for new trial, motion for judgment as a matter of law, etc.). Failure to provide citations to the record constitutes grounds for denial.

Summary: Motions relying on evidentiary records must cite specific record/transcript support, and failure to do so can result in denial.

Magistrate Judge Steven L. Tiscione

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Applies to: Joint pretrial order

The parties must submit a proposed joint pretrial order in the format prescribed by the district court judge on or before the date prescribed in the Scheduling Order.

Summary: Parties must submit a proposed joint pretrial order in the district judge's required format by the scheduling-order deadline.

Magistrate Judge Steven L. Tiscione

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Applies to: Trial pre filing ?

electronically file the following items fifteen (15) days prior to the commencement date of trial: 1. Proposed, Non-Standard Voir Dire Questions; 2. Requests to Charge, 3. Motions in Limine: 4. For non-jury trials, a trial brief/memorandum of law

Summary: Specified trial-preparation filings must be electronically filed fifteen days before trial, including voir dire questions, requests to charge, motions in limine, and non-jury trial briefs.

Magistrate Judge Steven L. Tiscione

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Applies to: Joint pretrial order

On the date specified in the scheduling order, the parties shall submit a proposed joint pretrial order that includes the following:

Summary: In cases before Magistrate Judge Tiscione for all purposes, the joint pretrial order must be submitted on the scheduling-order date and must include specified required content.

Magistrate Judge Steven L. Tiscione

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Civil cases

Applies to: Notice of appearance

Each attorney of record must file a Notice of Appearance and will receive notification of all Court orders electronically.

Summary: Each attorney of record is required to file a Notice of Appearance.

Magistrate Judge Taryn A. Merkl

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Civil cases

Applies to: Joint discovery letter ?
Must include: certificate of conference ?

must describe their efforts to confer in the joint letter.

Summary: The joint discovery-dispute letter must describe the parties' efforts to confer.

Magistrate Judge Taryn A. Merkl

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Civil cases

Applies to: Settlement statement ?

The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party’s case.

Summary: Settlement statements must include the parties' last offer/demand and a frank merits assessment.

Magistrate Judge Taryn A. Merkl

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Applies to: Summary judgment motion ?

All motions for summary judgment must comply with Rule 56 of the Federal Rules of Civil Procedure as well as Local Civil Rule 56.1.

Summary: Summary judgment motions must comply with FRCP 56 and Local Civil Rule 56.1.

Magistrate Judge Vera M. Scanlon

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Applies to: Summary judgment motion against pro se ?

If the non-movant is proceeding pro se, the movant must also comply with Local Civil Rule 56.2.

Summary: When the non-movant is pro se, the summary judgment movant must comply with Local Civil Rule 56.2.

Magistrate Judge Vera M. Scanlon

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Applies to: Motion to dismiss or judgment on pleadings against pro se ?

Any represented party moving to dismiss or for judgment on the pleadings against a party proceeding pro se must comply with Local Civil Rule 12.1.

Summary: Represented parties moving to dismiss or for judgment on the pleadings against pro se parties must comply with Local Civil Rule 12.1.

Magistrate Judge Vera M. Scanlon

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Applies to: Joint pretrial order
Must include: caption

On the date specified in the scheduling order, the parties shall submit a joint pretrial order which includes the following: 1) The full caption of the action; 2) The names, addresses (including firm names), telephone and fax numbers of trial counsel;

Summary: The joint pretrial order must include the full caption and trial counsel contact details (including names, firm names, addresses, telephone, and fax numbers).

Magistrate Judge Vera M. Scanlon

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Applies to: Pretrial order ?

A list by each party of the fact and expert witnesses whose testimony will be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify except for good cause shown;

Summary: The pretrial order must list each party’s fact and expert witnesses and testimony mode, and unlisted witnesses are barred absent good cause.

Magistrate Judge Vera M. Scanlon

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Applies to: Pretrial order

A list of exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties who will be offering them. Where possible, the schedule must also include potential impeachment documents and/or exhibits, as well as exhibits that will be offered only in rebuttal. The parties must list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party. Failure to object in the pretrial order waives all objections at trial, except objections as to relevance.

Summary: The pretrial order must include exhibit lists and objection bases, and failing to object there waives non-relevance objections at trial.

Magistrate Judge Vera M. Scanlon

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Applies to: Ex parte settlement letter ?

Unless otherwise ordered by the Court, at least a week before a scheduled settlement conference, each party must submit an ex parte letter describing the party’s settlement position, assessment of the strengths and weaknesses of the case, and the history of settlement negotiations.

Summary: Each party must submit an ex parte settlement letter at least one week before the conference with specified substantive content, unless the court orders otherwise.

Magistrate Judge Vera M. Scanlon

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Applies to: Letter

Counsel must provide a brief description of the subject matter of the letter in the ECF entry field, e.g., “Joint Letter in connection with Initial Status Conference,” not simply, “Letter,” so that the docket remains intelligible.

Summary: ECF entry must include brief description of letter subject matter.

Judge Brian M. Cogan

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Applies to: Pre motion letter response ?

Pre-motion letters and responses must contain sufficient legal authority to serve this purpose.

Summary: Pre-motion letters and responses must include enough legal authority to support their synopsis function.

Judge Diane Gujarati

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Applies to: Cover letter

If the parties follow this practice, 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. Only a copy of the cover letter shall be electronically filed on ECF in advance of the fully briefed motion, and it must be filed as a letter, not as a motion.

Summary: When using deferred motion filing, parties must serve motion papers with a cover letter and file only that cover letter on ECF as a letter before full briefing.

Judge Diane Gujarati

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Applies to: Jury instructions ?

Requests to charge must contain citations to supporting authority.

Summary: Requests to charge are required to include citations to supporting authority.

Judge Diane Gujarati

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Applies to: Exhibit list

Exhibit lists shall also be provided, and the information therein shall be contained in four columns, titled Exhibit; Description; Identified; and Admitted, respectively.

Summary: Exhibit lists are required and must use four specified columns: Exhibit, Description, Identified, and Admitted.

Judge Diane Gujarati

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Applies to: Trial exhibits ?

The Government’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters. Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.

Summary: Government exhibits must be pre-marked numerically, defense exhibits alphabetically, and multi-page exhibits must be paginated before trial.

Judge Diane Gujarati

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Applies to: Speedy trial act exclusion request ?

Any party seeking an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, should be prepared to state at the time the exclusion is requested: the ground(s) supporting the exclusion and the relevant statutory section(s).

Summary: A Speedy Trial Act exclusion request must state the supporting grounds and relevant statutory sections when made.

Judge Diane Gujarati

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Civil cases

Applies to: Memorandum of law ?

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

Summary: Memoranda that are 10 pages or longer must include a table of contents.

Judge Dora L. Irizarry

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Civil cases

Applies to: Exhibits

Parties shall not attach as an exhibit previously filed documents. Instead, parties shall refer to the previously filed document by its ECF docket number.

Summary: Previously filed documents must be cited by ECF docket number instead of reattached as exhibits.

Judge Dora L. Irizarry

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Applies to: Paper
Must include: judge name, case number ?

all papers should bear the docket number for the case followed by the judge’s initials (ERK), as well as the initials of the assigned Magistrate Judge, e.g. 21-cv-1234-ERK-ABC.

Summary: All papers should include the docket number plus the district judge and assigned magistrate judge initials.

Judge Edward R. Korman

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Applies to: Related papers

Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy only.

Summary: E-filed related papers must state that exhibits were filed only in hard copy.

Judge Edward R. Korman

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Applies to: Correspondence
Must include: judge name, case number ?

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

Summary: All correspondence must include case name, docket number, and judge initials.

Judge Eric R. Komitee

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Applies to: Motion
Must include: caption ?

The ECF entry line must clearly state the subject matter of the request — e.g., “Letter Motion Requesting Extension of Time to Respond to Interrogatories.”

Summary: ECF entry line must clearly state subject matter of request.

Judge Eric R. Komitee

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Applies to: Exhibits
Must include: local rule certificate ?

Related papers filed on ECF must clearly indicate how the exhibits were filed, and what virus-scanning device was employed.

Summary: ECF filings must indicate how exhibits were filed and what virus-scanning device was used.

Judge Eric R. Komitee

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Applies to: Motion to amend complaint ?

Pro se plaintiffs are exempt from this rule.

Summary: Pro se plaintiffs exempt from motion to amend complaint requirements.

Judge Eric R. Komitee

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Applies to: Witness examination ?

Counsel should instead ask that the witness be permitted to offer opinion testimony pursuant to Rule 702.

Summary: Counsel should request opinion testimony under Rule 702 rather than designating witnesses as "experts" in front of jury.

Judge Eric R. Komitee

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Applies to: Trial procedures ?

Sidebar conferences should be kept to a minimum. Counsel are expected to anticipate and raise evidentiary issues in advance of trial, to the maximum extent foreseeable, to be respectful of the jurors’ time.

Summary: Sidebar conferences should be minimized; counsel should anticipate and raise evidentiary issues in advance.

Judge Eric R. Komitee

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Applies to: Settlement agreement
Must include: explanation for jurisdiction retention ?

Parties should explain the need for any provision in a so-ordered settlement agreement or stipulation of dismissal that calls for the Court to retain jurisdiction after a judgment issues. Generally speaking, the Court is unlikely to retain jurisdiction, absent the need to supervise ongoing conduct remedies or other exceptional circumstances.

Summary: Parties must explain need for Court to retain jurisdiction after judgment; Court unlikely to retain jurisdiction absent exceptional circumstances.

Judge Eric R. Komitee

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Applies to: Memorandum of law ?

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

Summary: Memoranda that are 10 pages or longer must include a table of contents.

Judge Frederic Block

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Applies to: Exhibits

The Court needs no copies of any exhibits.

Summary: No exhibit copies are required by the Court.

Judge Frederic Block

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Applies to: Ecf letter ?

Counsel must provide a brief description of the subject matter of the letter in the ECF entry field (e.g., “Joint Letter in connection with Initial Status Conference”) not simply, “Letter.”

Summary: ECF letters must include a brief subject-matter description in the entry field, not a generic label.

Judge Hector Gonzalez

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Applies to: Jury instructions ?

Requests to charge should be limited to the elements of the claims, the damages sought, and defenses.

Summary: Requests to charge should be limited to claim elements, damages sought, and defenses.

Judge Hector Gonzalez

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Applies to: Memorandum of law ?

All memoranda 10 pages or longer shall contain a table of contents and table of authorities.

Summary: Memoranda that are 10 pages or longer must include a table of contents and table of authorities.

Judge Hector Gonzalez

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Applies to: Pretrial order ?

Statement of Relief Sought. A detailed statement regarding damages and other relief sought for each claim or counterclaim. In non-jury cases, parties should also provide 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: Parties must detail damages and other relief for each claim/counterclaim, and in non-jury cases should also provide elements and supporting facts.

Judge Hector Gonzalez

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Applies to: Exhibits

Parties filing voluminous or non-text exhibits shall file only hard copies with the Clerk of Court where electronic filing is impracticable.

Summary: Voluminous or non-text exhibits may be filed as hard copies with Clerk when electronic filing is impracticable.

Judge I. Leo Glasser

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: Motion package cover letter ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Notice of motion

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.

Judge Kiyo A. Matsumoto

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Applies to: Memorandum of law ?

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.

Judge Kiyo A. Matsumoto

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Applies to: 56.1 statement

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.

Judge Kiyo A. Matsumoto

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Applies to: Motion package cover letter ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Notice of motion

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.

Judge Kiyo A. Matsumoto

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Applies to: Memorandum of law ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Deposition transcript in joint appendix ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Summary judgment submissions ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Stipulation of facts social security motion ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Sentencing memorandum and response ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Motion

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Joint pretrial order ?

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.

Judge Kiyo A. Matsumoto

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Applies to: Exhibits
Must include: case number ?

(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.

Judge Kiyo A. Matsumoto

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Applies to: 56 1 statement ?

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 should not be included in a 56.1 statement unless relevant to the motion.

Judge LaShann DeArcy Hall

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Applies to: Memorandum of law ?

All memoranda must contain a table of contents and a table of authorities.

Summary: Every memorandum must include both a table of contents and a table of authorities.

Judge LaShann DeArcy Hall

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Applies to: Notice of motion

Notice of motions must state the date and time of oral argument if the Court has already provided one. Otherwise, they must state that oral argument will be “on a date and at a time to be designated by the Court.”

Summary: Notices of motion must include provided oral-argument date/time or the specified fallback language if date/time is not yet set.

Judge LaShann DeArcy Hall

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Applies to: 56 1 statement ?

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 should not be included in a 56.1 statement unless relevant to the motion.

Judge LaShann DeArcy Hall

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Applies to: Memorandum of law ?

All memoranda must contain a table of contents and a table of authorities.

Summary: Every memorandum must include both a table of contents and a table of authorities.

Judge LaShann DeArcy Hall

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Applies to: Notice of motion

Notice of motions must state the date and time of oral argument if the Court has already provided one. Otherwise, they must state that oral argument will be “on a date and at a time to be designated by the Court.”

Summary: Notices of motion must include provided oral-argument date/time or the specified fallback language if date/time is not yet set.

Judge LaShann DeArcy Hall

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Applies to: Habeas record ?

when preparing the record, the respondent shall include either a table of contents or an index of the record's contents.

Summary: Habeas record must include either a table of contents or an index.

Judge Natasha C. Merle

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Applies to: Habeas record ?

when preparing the record, the respondent shall include either a table of contents or an index of the record's contents.

Summary: Habeas record must include either a table of contents or an index.

Judge Natasha C. Merle

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Applies to: Letter

Any filing styled as a "Letter" shall identify in its ECF header (i) the addressee and (ii) the subject matter. E.g.: "Letter to Judge Morrison re: Pre-Motion Conference Request" or "Letter to Magistrate Judge Doe re: Status Conference."

Summary: Letters must identify addressee and subject matter in ECF header.

Judge Nina R. Morrison

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Applies to: Motion ?
Must include: caption, judge name, case number ?

All court filings shall indicate the docket number followed by the initials of the District Judge (NRM) and the initials of the assigned Magistrate Judge, i.e., "Smith v. Jones, No. 25-cv-1234 (NRM)(LB)."

Summary: All filings must include docket number followed by District Judge initials (NRM) and Magistrate Judge initials.

Judge Nina R. Morrison

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Applies to: Pretrial order ?

6.1.10. Stipulations: A statement of stipulated facts, if any.

Summary: JPTO must include any stipulated facts.

Judge Nina R. Morrison

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Applies to: Pretrial order ?

The parties are expected to resolve before trial all issues of authenticity, chain of custody, and related matters. Meritless objections on these grounds may result in sanctions.

Summary: Parties must resolve authenticity and chain of custody issues before trial; meritless objections may be sanctioned.

Judge Nina R. Morrison

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Applies to: Jury instructions ?

Requests to charge should be limited to the elements of the claims, the damages sought, and defenses. General instructions will be prepared by the Court.

Summary: Requests to charge must be limited to elements of claims, damages sought, and defenses only.

Judge Nina R. Morrison

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Applies to: Certificate
Must include: certificate of service

Provide pro se litigants with a copy of this Court's individual rules and file a certificate of service as early as practicable in the litigation.

Summary: Counsel must provide pro se litigants with the Court's individual rules and file a certificate of service.

Judge Nina R. Morrison

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Applies to: All filings ?
Must include: case number ?

Include the docket number and initials of the District Judge (NJC) and assigned Magistrate Judge on all papers.

Summary: All papers must include docket number and initials of District Judge (NJC) and Magistrate Judge.

Judge Nusrat J. Choudhury

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Applies to: Letter
Must include: caption ?

Any filing styled as a 'Letter' shall identify in its ECF header: (i) the addressee and (ii) the subject matter. E.g., 'Letter to Judge Choudhury re: Pre-Motion Conference Request.'

Summary: Letter filings must identify addressee and subject matter in ECF header.

Judge Nusrat J. Choudhury

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Applies to: Exhibits ?

Parties shall file only the pages of transcripts containing relevant testimony cited in the memoranda of law or affidavits. All excerpts must comply with Federal Rule of Evidence 106. Parties shall include the portion of the transcript necessary for completeness and highlight the relevant sections. If the transcript contains a discussion of a matter, the whole discussion should be included.

Summary: Evidentiary filings must include only cited transcript pages with relevant sections highlighted, complying with FRE 106.

Judge Nusrat J. Choudhury

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Applies to: Memorandum of law ?

A n y m e m o r a n d u m l o n g e r t h a n t e n ( 1 0) p a g e s s h all c ont ai n a t a bl e of c o nt e nt s a n d t a bl e of a ut h o riti e s .

Summary: Any memorandum longer than 10 pages must include a table of contents and a table of authorities.

Judge Nusrat J. Choudhury

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Applies to: Motion ?

5. 2. 1 0. If a n y p a rt y c o n cl u d e s i n g o o d f ait h t h at d el a yi n g t h e fili n g of a m oti o n t o c o m pl y wit h a n y a s p e ct of t h e s e i n di vi d u al p r a cti c e s will d e p ri v e t h e p a rt y of a s u b- st a nti v e ri g ht o r c a u s e t h at p a rt y t o mi s s a st at ut o r y d e a dli n e , t h e p a rt y m a y fil e t h e m oti o n wit hi n t h e ti m e r e q ui r e d b y t h e F e d e r al R ul e s of Ci vil a n d/ o r A p p ell at e P r o- c e d u r e, t o g et h e r wit h a n e x pl a n ati o n of t h e b a si s of t h at c o n cl u si o n.

Summary: A party may file within federal deadlines without full compliance with individual practices if delay would risk substantive rights or a statutory deadline, but must include an explanation.

Judge Nusrat J. Choudhury

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Applies to: Memorandum of law ?

P a rti e s m u st att a c h a s a n e x hi bit d e ci si o n s cit e d t h at a r e n ot a v ail a bl e i n offi ci al r e p o rt e r s o r o n W e stl a w.

Summary: Parties must attach as exhibits any cited decisions that are unavailable in official reporters or Westlaw.

Judge Nusrat J. Choudhury

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Applies to: Opposing local rule 56 1 statement ?

5. 5. 3. E x c e pt i n p r o s e c a s e s, t h e L o c al R ul e 5 6. 1 st at e m e nt b y a p a rt y o p p o si n g s u m- m a r y j u d g m e nt s h all q u ot e v e r b ati m t h e m o vi n g p a rt y’ s L o c al R ul e 5 6. 1 st at e m e nt a n d s h all r e s p o n d t o e a c h all e g ati o n i n t h e m o vi n g p a rt y’ s st at e m e nt i m m e di at el y b e n e at h e a c h all e g ati o n.

Summary: Except in pro se cases, an opposing LR 56.1 statement must quote each movant allegation verbatim and respond immediately beneath each one.

Judge Nusrat J. Choudhury

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Applies to: Local rule 56 1 statement ?

5. 5. 5. E a c h p a r a g r a p h i n t h e L o c al R ul e 5 6. 1 st at e m e nt s h all c o nt ai n a n a s s e rti o n of a m at e ri al u n di s p ut e d f a ct, n ot a d e s c ri pti o n of e vi d e n c e.

Summary: Each paragraph in an LR 56.1 statement must assert a material undisputed fact rather than merely describe evidence.

Judge Nusrat J. Choudhury

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Applies to: Exhibits ?

T h e e x hi bit s s h all b e d e si g n at e d o n E C F wit h s h o rt titl e s.

Summary: Exhibits filed on ECF must use short descriptive titles.

Judge Nusrat J. Choudhury

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Applies to: Temporary restraining order motion ?
Must include: proposed order ?

T h e m o vi n g p a rt y s h o ul d t h e n fil e a M oti o n f o r a T e m p o r a r y R e st r ai ni n g O r d e r, s u p p o rti n g d o c u m e nt s, a n d a p r o p o s e d o r d e r o n E C F i n a c c o r d a n c e wit h E C F p r o c e d u r e s.

Summary: The TRO filing package should include the TRO motion, supporting documents, and a proposed order on ECF.

Judge Nusrat J. Choudhury

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Applies to: Information ?

If t h e d ef e n d a nt i nt e n d s t o w ai v e t h e i n di ct m e nt a n d pl e a d g uilt y t o a n i nf o r m ati o n at t h e c h a n g e - of-pl e a h e a ri n g, a c o p y of t h e i nf o r m ati o n s h o ul d al s o b e p r o vi d e d t o t h e C o u rt at l e a st s e v e nt y- t w o ( 7 2) h o u r s b ef o r e t h e h e a ri n g.

Summary: If a defendant will waive indictment and plead to an information, a copy of the information should also be provided to the Court at least 72 hours before the hearing.

Judge Nusrat J. Choudhury

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Applies to: Pretrial order ?

7. 1. 1 0. Sti p ul ati o n s : An y sti p ul ati o n s o r a g r e e d st at e m e nt s of f a ct o r l a w t o w hi c h all p a rti e s c o n s e nt. I n a j u r y c a s e, t h e p a rti e s s h o ul d al s o m e m o ri ali z e a n y s u c h sti p ul a- ti o n s o r a g r e e d u p o n st at e m e nt s of f a ct o r l a w i n a st a n d al o n e d o c u m e nt t h at c a n b e m a r k e d a n d a d mitt e d at t ri al .

Summary: The JPTO must include all stipulations, and in jury cases parties should also prepare a standalone stipulations document for trial use.

Judge Nusrat J. Choudhury

Machine summary. Not checked yet.WARNING?

Applies to: Exhibits ?

If c o u n s el i nt e n d t o di st ri b ut e c o pi e s of d o c u m e nt a r y e x hi bit s t o t h e j u r y, t h e y a r e t o m a k e a s e p a r at e c o p y f o r e a c h j u r o r. C o u n s el s h o ul d m a k e c e rt ai n t h at t h e y h a v e c u st o d y of all o ri gi n al e x hi bit s. T h e C o u rt d o e s n ot r et ai n t h e m, a n d t h e Cl e r k i s n ot re s p o n si bl e f o r t h e m.

Summary: If exhibits are distributed to jurors, counsel must prepare a separate copy for each juror and retain custody of original exhibits.

Judge Nusrat J. Choudhury

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Applies to: All filings ?
Must include: case number ?

Include the docket number and initials of the District Judge (NJC) and assigned Magistrate Judge on all papers.

Summary: All papers must include docket number and initials of District Judge (NJC) and Magistrate Judge.

Judge Nusrat J. Choudhury

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Applies to: Letter
Must include: caption ?

Any filing styled as a 'Letter' shall identify in its ECF header: (i) the addressee and (ii) the subject matter. E.g., 'Letter to Judge Choudhury re: Pre-Motion Conference Request.'

Summary: Letter filings must identify addressee and subject matter in ECF header.

Judge Nusrat J. Choudhury

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Applies to: Exhibits ?

Parties shall file only the pages of transcripts containing relevant testimony cited in the memoranda of law or affidavits. All excerpts must comply with Federal Rule of Evidence 106. Parties shall include the portion of the transcript necessary for completeness and highlight the relevant sections. If the transcript contains a discussion of a matter, the whole discussion should be included.

Summary: Evidentiary filings must include only cited transcript pages with relevant sections highlighted, complying with FRE 106.

Judge Nusrat J. Choudhury

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Applies to: Memorandum of law ?

A n y m e m o r a n d u m l o n g e r t h a n t e n ( 1 0) p a g e s s h all c ont ai n a t a bl e of c o nt e nt s a n d t a bl e of a ut h o riti e s .

Summary: Any memorandum longer than 10 pages must include a table of contents and a table of authorities.

Judge Nusrat J. Choudhury

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Applies to: Motion ?

5. 2. 1 0. If a n y p a rt y c o n cl u d e s i n g o o d f ait h t h at d el a yi n g t h e fili n g of a m oti o n t o c o m pl y wit h a n y a s p e ct of t h e s e i n di vi d u al p r a cti c e s will d e p ri v e t h e p a rt y of a s u b- st a nti v e ri g ht o r c a u s e t h at p a rt y t o mi s s a st at ut o r y d e a dli n e , t h e p a rt y m a y fil e t h e m oti o n wit hi n t h e ti m e r e q ui r e d b y t h e F e d e r al R ul e s of Ci vil a n d/ o r A p p ell at e P r o- c e d u r e, t o g et h e r wit h a n e x pl a n ati o n of t h e b a si s of t h at c o n cl u si o n.

Summary: A party may file within federal deadlines without full compliance with individual practices if delay would risk substantive rights or a statutory deadline, but must include an explanation.

Judge Nusrat J. Choudhury

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Applies to: Memorandum of law ?

P a rti e s m u st att a c h a s a n e x hi bit d e ci si o n s cit e d t h at a r e n ot a v ail a bl e i n offi ci al r e p o rt e r s o r o n W e stl a w.

Summary: Parties must attach as exhibits any cited decisions that are unavailable in official reporters or Westlaw.

Judge Nusrat J. Choudhury

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Applies to: Opposing local rule 56 1 statement ?

5. 5. 3. E x c e pt i n p r o s e c a s e s, t h e L o c al R ul e 5 6. 1 st at e m e nt b y a p a rt y o p p o si n g s u m- m a r y j u d g m e nt s h all q u ot e v e r b ati m t h e m o vi n g p a rt y’ s L o c al R ul e 5 6. 1 st at e m e nt a n d s h all r e s p o n d t o e a c h all e g ati o n i n t h e m o vi n g p a rt y’ s st at e m e nt i m m e di at el y b e n e at h e a c h all e g ati o n.

Summary: Except in pro se cases, an opposing LR 56.1 statement must quote each movant allegation verbatim and respond immediately beneath each one.

Judge Nusrat J. Choudhury

Machine summary. Not checked yet.WARNING?

Applies to: Local rule 56 1 statement ?

5. 5. 5. E a c h p a r a g r a p h i n t h e L o c al R ul e 5 6. 1 st at e m e nt s h all c o nt ai n a n a s s e rti o n of a m at e ri al u n di s p ut e d f a ct, n ot a d e s c ri pti o n of e vi d e n c e.

Summary: Each paragraph in an LR 56.1 statement must assert a material undisputed fact rather than merely describe evidence.

Judge Nusrat J. Choudhury

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Applies to: Exhibits ?

T h e e x hi bit s s h all b e d e si g n at e d o n E C F wit h s h o rt titl e s.

Summary: Exhibits filed on ECF must use short descriptive titles.

Judge Nusrat J. Choudhury

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Applies to: Temporary restraining order motion ?
Must include: proposed order ?

T h e m o vi n g p a rt y s h o ul d t h e n fil e a M oti o n f o r a T e m p o r a r y R e st r ai ni n g O r d e r, s u p p o rti n g d o c u m e nt s, a n d a p r o p o s e d o r d e r o n E C F i n a c c o r d a n c e wit h E C F p r o c e d u r e s.

Summary: The TRO filing package should include the TRO motion, supporting documents, and a proposed order on ECF.

Judge Nusrat J. Choudhury

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Applies to: Information ?

If t h e d ef e n d a nt i nt e n d s t o w ai v e t h e i n di ct m e nt a n d pl e a d g uilt y t o a n i nf o r m ati o n at t h e c h a n g e - of-pl e a h e a ri n g, a c o p y of t h e i nf o r m ati o n s h o ul d al s o b e p r o vi d e d t o t h e C o u rt at l e a st s e v e nt y- t w o ( 7 2) h o u r s b ef o r e t h e h e a ri n g.

Summary: If a defendant will waive indictment and plead to an information, a copy of the information should also be provided to the Court at least 72 hours before the hearing.

Judge Nusrat J. Choudhury

Machine summary. Not checked yet.WARNING?

Applies to: Pretrial order ?

7. 1. 1 0. Sti p ul ati o n s : An y sti p ul ati o n s o r a g r e e d st at e m e nt s of f a ct o r l a w t o w hi c h all p a rti e s c o n s e nt. I n a j u r y c a s e, t h e p a rti e s s h o ul d al s o m e m o ri ali z e a n y s u c h sti p ul a- ti o n s o r a g r e e d u p o n st at e m e nt s of f a ct o r l a w i n a st a n d al o n e d o c u m e nt t h at c a n b e m a r k e d a n d a d mitt e d at t ri al .

Summary: The JPTO must include all stipulations, and in jury cases parties should also prepare a standalone stipulations document for trial use.

Judge Nusrat J. Choudhury

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Applies to: Exhibits ?

If c o u n s el i nt e n d t o di st ri b ut e c o pi e s of d o c u m e nt a r y e x hi bit s t o t h e j u r y, t h e y a r e t o m a k e a s e p a r at e c o p y f o r e a c h j u r o r. C o u n s el s h o ul d m a k e c e rt ai n t h at t h e y h a v e c u st o d y of all o ri gi n al e x hi bit s. T h e C o u rt d o e s n ot r et ai n t h e m, a n d t h e Cl e r k i s n ot re s p o n si bl e f o r t h e m.

Summary: If exhibits are distributed to jurors, counsel must prepare a separate copy for each juror and retain custody of original exhibits.

Judge Nusrat J. Choudhury

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Applies to: Stipulation of dismissal or settlement

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.

Judge Orelia E. Merchant

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Applies to: Memorandum of law ?

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.

Judge Orelia E. Merchant

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Applies to: Memorandum of law ?

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.

Judge Orelia E. Merchant

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Applies to: Exhibits

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).

Judge Orelia E. Merchant

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Applies to: Pretrial order ?

Stipulations: A statement of stipulated facts, if any.

Summary: The joint pretrial order must include stipulated facts if any exist.

Judge Orelia E. Merchant

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Applies to: Rule 12 4 disclosure statement ?

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.

Judge Orelia E. Merchant

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Applies to: Exhibit binder ?

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.

Judge Orelia E. Merchant

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Applies to: Written documents

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.

Judge Orelia E. Merchant

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Applies to: Proposed order and jury instructions ?

Proposed orders, jury instructions, and other such writings a party wishes the Court to adopt should be submitted to chambers in word-processing 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. Microsoft Word is the preferred word-processing format, although Corel WordPerfect format is acceptable.

Summary: Proposed orders, jury instructions, and similar proposed text should be sent in word-processing format and filed on ECF as PDF, with an exception for dismissal/settlement stipulations unless requested.

Judge Pamela K. Chen

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Applies to: Cover letter

If the parties follow this practice, the notice of motion (or opposition/reply) and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the filer represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion.

Summary: When using the hold-until-fully-briefed practice, papers must be served with a cover letter containing specified information, and only that cover letter is e-filed as a letter event.

Judge Pamela K. Chen

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Applies to: Oral argument request ?

Parties may request oral argument, but must do so by separate letter or motion.

Summary: A request for oral argument must be made by a separate letter or motion.

Judge Pamela K. Chen

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Applies to: Motion

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: If compliance delay would in good faith risk a substantive right, the party may file within Federal Rules timing but must include an explanation of that conclusion.

Judge Pamela K. Chen

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Applies to: Pretrial order ?

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 list fact and expert witnesses with narrative summaries, and unlisted witnesses may testify only with prompt notice and good cause.

Judge Pamela K. Chen

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Applies to: Pretrial order ?

Exhibits: A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them.

Summary: The joint pretrial order must include an exhibit schedule identifying exhibits and the offering party when not stipulated.

Judge Pamela K. Chen

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Applies to: Letter ?

Identify the addressee and subject matter in the ECF header.

Summary: Letter-style filings must identify the addressee and subject matter in the ECF header.

Judge Rachel P. Kovner

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Applies to: Local rule 56 1 statement ?

Legal arguments should be reserved for the memoranda of law.

Summary: Parties should place legal argument in memoranda of law rather than in Rule 56.1 statements.

Judge Rachel P. Kovner

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Applies to: Habeas record ?

Moreover, when preparing the record, the respondent shall include either a table of contents or an index of the record’s contents.

Summary: In pro se habeas matters, the respondent’s record must include a table of contents or an index.

Judge Rachel P. Kovner

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Applies to: Notice of motion

The notice of motion shall not contain a return date.

Summary: A notice of motion may not include a return date.

Judge Ramon E. Reyes Jr.

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Applies to: Memorandum of law ?

All memoranda of law shall be produced in 12-point font, with footnotes in 10-point font, and shall have one-inch margins on all sides. All memoranda must be filed in a text-searchable format and must have the date of service printed on the front cover.

Summary: Each memorandum must include the date of service on its front cover.

Judge Ramon E. Reyes Jr.

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Applies to: Submission citing record material ?

Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.

Summary: Any submission citing the record must include evidentiary citations with specific transcript pages.

Judge Ramon E. Reyes Jr.

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Applies to: Exhibits

The exhibits shall be designated on ECF with short titles. E.g., “Ex. 1 – Doe Declaration,” rather than “Ex. 1.”

Summary: ECF exhibit entries must use short descriptive titles instead of generic labels.

Judge Ramon E. Reyes Jr.

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Applies to: Pretrial order ?

Motions in Limine: A list of motions in limine each party intends to file (pursuant to the deadline set forth in Rule V.B.1 below), with a brief description of each such motion.

Summary: The pretrial order must include each party’s intended motions in limine with brief descriptions.

Judge Ramon E. Reyes Jr.

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Applies to: Record

Moreover, when preparing the record, the respondent shall include either a table of contents or an index of the record’s contents.

Summary: When preparing the record, respondent must include a table of contents or an index.

Judge Ramon E. Reyes Jr.

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Applies to: Related papers

Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy.

Summary: Electronically filed related papers must state that exhibits were filed in hard copy.

Judge Raymond J. Dearie

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Applies to: Memorandum of law 10 pages or more ?

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

Summary: Memoranda that are 10 pages or longer must include a table of contents.

Judge Raymond J. Dearie

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Applies to: Motion

For all motions, except for those requiring premotion conferences, motions in limine, Daubert motions, or letter-motions, the parties should file a joint proposed briefing schedule to be so-ordered by the Court.

Summary: Joint proposed briefing schedule required for motions, except pre-motion conference motions, motions in limine, Daubert motions, and letter-motions.

Judge Sanket J. Bulsara

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Applies to: Memorandum 10 pages or more ?

Memoranda of ten (10) pages or more shall contain tables of contents and authorities.

Summary: Memoranda that are 10 pages or longer must include a table of contents and a table of authorities.

Judge William F. Kuntz

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Applies to: Memorandum ?

All memoranda must have the date of service plainly visible on the front cover.

Summary: Every memorandum must display the date of service prominently on its front cover.

Judge William F. Kuntz

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Applies to: 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. 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: When parties wait to file until fully briefed, they must serve papers with a cover letter containing specified information and file only that cover letter in advance as a letter filing.

Judge William F. Kuntz

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Applies to: Notice of motion

The notice of motion shall state “Oral Argument Requested.”

Summary: A notice of motion must include the phrase “Oral Argument Requested” to request oral argument.

Judge William F. Kuntz

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Applies to: Settlement procedure ?
Must include: settlement offer, settlement demand ?

No later than seven (7) days prior to the scheduled conference, Defense counsel must respond to Plaintiff’s counsel’s demand. That response must contain a clear reply to the offer of settlement, and an explanation as to its propriety.

Summary: Defense must respond to settlement demand within 7 days before settlement conference.

Magistrate Judge Anne Y. Shields

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Applies to: Non dispositive motion application ?

Parties should generally make such applications as letter motions in compliance with Local Civil Rule 7.1(e).

Summary: Non-dispositive motion applications should generally be filed as letter motions under Local Civil Rule 7.1(e).

Magistrate Judge Clay H. Kaminsky

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Applies to: Discovery motion

The parties should not file any discovery materials on ECF unless necessary for the joint letter or Court-ordered discovery motion.

Summary: Discovery materials should not be filed on ECF unless necessary.

Magistrate Judge James R. Cho

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Applies to: Civil case

Interpreter services are generally not provided by the Court in civil cases. If a party speaks a language other than English, the party must make his or her own arrangement to conduct his or her case in English.

Summary: Parties must arrange their own interpreters in civil cases.

Magistrate Judge James R. Cho

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Applies to: Deposition dispute email ?

The email should include a brief description of the dispute and a callback number.

Summary: Deposition-dispute emails to Chambers must include a brief dispute description and callback number.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Joint letter motion

To request a settlement conference, the parties must file a joint letter motion and include at least three (3) dates on which counsel and parties with full settlement authority are available to attend.

Summary: A settlement-conference request must be a joint letter motion listing at least three available dates with full-authority participants.

Magistrate Judge Lara K. Eshkenazi

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Applies to: Memorandum of law ?

Case citations must contain pinpoint cites.

Summary: Case citations in memoranda must include pinpoint cites.

Magistrate Judge Lee G. Dunst

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Applies to: Notice ?

Parties shall immediately notify the Court and the opposing parties via ECF if their address or telephone number changes.

Summary: Parties must immediately notify Court and opposing parties via ECF of address or phone changes.

Magistrate Judge Marcia M. Henry

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Applies to: Notice ?

Parties shall immediately notify the Court and the opposing parties via ECF if their address or telephone number changes.

Summary: Parties must immediately notify Court and opposing parties via ECF of address or phone changes.

Magistrate Judge Marcia M. Henry

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Civil cases

Applies to: Joint letter

If the parties’ dispute relates to a specific discovery request or requests, the parties should attach the request or requests to their joint letter.

Summary: When a discovery dispute concerns specific requests, those requests should be attached to the joint letter.

Magistrate Judge Peggy Kuo

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Civil cases

Applies to: Motion

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

Summary: If complying with these rules would cause loss of a substantive right due to timing, a party may file within FRCP/FRAP deadlines but must include an explanation.

Magistrate Judge Peggy Kuo

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Applies to: Motion

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 federal time limits to avoid loss of rights, but must include an explanation of that conclusion.

Magistrate Judge Robert M. Levy

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Applies to: Exhibits

To the extent the parties need to file discovery requests and responses as exhibits to their letter, they must file only those requests and responses relevant to the motion.

Summary: Any discovery requests or responses attached as exhibits must be limited to those relevant to the dispute motion.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Consent motion
Must include: proposed order

If the parties consent to the form order, they should file the proposed order signed by the parties via ECF as a “consent motion,” along with a cover letter detailing the kinds of information that will be subject to the order and asking the Court to endorse the stipulation.

Summary: When using the form confidentiality order, parties should file it as a consent motion with a cover letter explaining covered information and requesting endorsement.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Ex parte settlement letter

The ex parte settlement letters should include the following: (a) the demand(s) and offer(s) exchanged thus far; (b) the strengths and weakness of the party’s case; (c) any legal arguments in support of their settlement position and valuation of the case with citations to relevant authorities (including relevant verdicts, decisions, and settlements); (d) what, in the party’s view, are the obstacles to resolving the case; and (e) any additional information that the party believes will be helpful to the Court in trying to resolve the case, which must include any special terms the party is requesting as part of a final settlement agreement (confidentiality, indemnification, etc.).

Summary: Ex parte settlement letters should include exchanged offers, merits assessment, supporting legal authority, settlement obstacles, and requested special settlement terms.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Pretrial memorandum

For non-jury trials, if the Court requests a pretrial memorandum, it shall be filed at least ten (10) days prior to the start of the trial. The memorandum should describe the facts the party intends to establish and the application of those facts to the relevant law. Parties need not put citations to evidence in a pre-trial memorandum.

Summary: If requested by the court in a non-jury trial, a pretrial memorandum is due 10 days before trial and must address facts and law, without required evidentiary citations.

Magistrate Judge Seth D. Eichenholtz

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Applies to: Extension request ?
Must include: proposed order ?

Requests for extensions must establish good cause for the relief sought and must include a proposed amended scheduling order where appropriate.

Summary: Extension requests must show good cause and include a proposed amended scheduling order when appropriate.

Magistrate Judge Steven I. Locke

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Applies to: Memorandum of law

Legal argument must be set forth in a memorandum of law.

Summary: Legal argument must appear in a memorandum of law.

Magistrate Judge Steven I. Locke

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Applies to: Memorandum of law ?

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

Summary: Memoranda that are 10 pages or longer must include a table of contents.

Magistrate Judge Steven I. Locke

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Applies to: Memorandum of law ?

Case citations set forth in the body of the memoranda of law must contain pinpoint cites.

Summary: Case citations in memorandum bodies must include pinpoint citations.

Magistrate Judge Steven I. Locke

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Applies to: Statement of contentions

the Statement of Contentions should identify with particularity the aspects of the plaintiff’s purported disability which were disregarded by the ALJ along with specific page citations identifying evidence supporting this claim.

Summary: The Statement of Contentions should specifically identify disregarded disability aspects and cite supporting record pages.

Magistrate Judge Steven I. Locke

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Applies to: Opposing statement

The Government, in turn, in its Opposing Statements should provide citations identifying the evidence which it believes the ALJ properly relied upon in reaching a determination as to those specific findings.

Summary: Opposing Statements should cite evidence supporting the ALJ findings being defended.

Magistrate Judge Steven I. Locke

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Applies to: Jury instructions ?

Requests to charge should be limited to the elements of the claims, the damages sought, and defenses.

Summary: Requests to charge should be limited to claim elements, damages sought, and defenses.

Magistrate Judge Steven I. Locke

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Applies to: Pro se electronic filing ?

Litigants proceeding pro se are exempt from ECF requirements unless the pro se litigant completes and submits the proper for electronic case filing.

Summary: Pro se litigants are exempt from ECF filing unless they complete and submit the required electronic filing form.

Magistrate Judge Steven L. Tiscione

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Applies to: Memorandum of law ?

Citations to the docket should be made at the end of the sentence with “Docket Entry (“DE”) [docket number].” Thereafter, any further citations to docket may be made with a short-cite at the end of the sentence with “DE [docket number].”

Summary: Initial docket citations must use the full Docket Entry format, and later citations may use the DE short cite.

Magistrate Judge Steven L. Tiscione

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Applies to: Motion

Requests for oral argument must be made at the time the motion is submitted for decision.

Summary: A request for oral argument must be made when the motion is submitted for decision.

Magistrate Judge Steven L. Tiscione

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Applies to: All ?

Filing on ECF constitutes service of papers other than the summons and complaint, although attorneys or pro se litigants may wish to agree on additional service by mail or delivery as a mutual accommodation.

Summary: ECF filing constitutes service for all papers except summons and complaint.

Judge Brian M. Cogan

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Applies to: Motion
Must include: caption ?

Motion Returnable: Any day the Court is open (counsel should not appear)

Summary: Motions returnable any day court is open; counsel should not appear.

Judge Brian M. Cogan

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Applies to: Notice of motion
Must include: caption

Oral Argument: Note “Oral Argument Requested” in the caption of Notice of Motion or the opposing memorandum

Summary: To request oral argument, note “Oral Argument Requested” in motion caption or opposing memorandum.

Judge Brian M. Cogan

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Applies to: Pretrial order

The timing of the exchanges noted above may be altered by the United States Magistrate Judge to whom the case has been referred, as long as the dates given permit the exchange of information prior to the filing date for the Pretrial Order.

Summary: Magistrate Judge may alter exchange timing if information exchange occurs before Pretrial Order filing date.

Judge Carol Bagley Amon

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Applies to: Moving or opposing papers

Parties may request oral argument by noting “Oral Argument Requested” below the docket number on the moving or opposing papers.

Summary: A party requesting oral argument must place the specified phrase below the docket number on moving or opposing papers.

Judge Diane Gujarati

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Civil cases

Applies to: Moving or opposing papers

A request for oral argument must be made by typing “Oral Argument Requested” below the docket number on the moving or opposing papers.

Summary: Any oral-argument request must include the exact phrase below the docket number on motion papers.

Judge Dora L. Irizarry

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Applies to: Voir dire

Unless otherwise notified, the Court (or a magistrate judge) will conduct all voir dire.

Summary: Court or magistrate judge will conduct all voir dire unless otherwise notified.

Judge Eric R. Komitee

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Applies to: Notice of motion or opposing memorandum

Parties may request oral argument by noting “Oral Argument Requested” in their Notice of Motion or opposing memorandum and, if applicable, shall advise the Court that an attorney who intends to participate in the oral argument meets the criteria described in Section II.B, above.

Summary: A party seeking oral argument should label its filing “Oral Argument Requested” and, when applicable, advise the Court that participating counsel meets Section II.B criteria.

Judge Hector Gonzalez

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Applies to: Motion
Must include: caption, judge name, case number ?

All discovery and non-dispositive motions shall be made to the assigned Magistrate Judge.

Summary: Discovery and non-dispositive motions go to assigned Magistrate Judge.

Judge I. Leo Glasser

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Applies to: Motion
Must include: notice of electronic filing ?

The parties shall arrange their own briefing schedule and submit it to the Court to be endorsed. Each party shall file its motion papers on the ECF system at the time of service.

Summary: Parties arrange their own briefing schedule and file motion papers on ECF at time of service.

Judge I. Leo Glasser

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Applies to: Notice of motion or opposing memorandum

Parties may request oral argument by noting “Oral Argument Requested” in the top right corner of the cover page of either a notice of motion or opposing memorandum.

Summary: A party requesting oral argument must place “Oral Argument Requested” in the top-right corner of the cover page of a notice of motion or opposing memorandum.

Judge LaShann DeArcy Hall

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Applies to: Notice of motion or opposing memorandum

Parties may request oral argument by noting “Oral Argument Requested” in the top right corner of the cover page of either a notice of motion or opposing memorandum.

Summary: A party requesting oral argument must place “Oral Argument Requested” in the top-right corner of the cover page of a notice of motion or opposing memorandum.

Judge LaShann DeArcy Hall

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Applies to: Oral argument request ?
Must include: certificate of service ?

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.

Judge Nina Gershon

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Applies to: Brief

A party may request oral argument on a motion by writing "Oral Argument Requested" on the first page of its brief.

Summary: Oral argument requests must be indicated by writing "Oral Argument Requested" on the first page of the brief.

Judge Nina R. Morrison

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Applies to: Notice of motion or opposition memorandum ?

A p a rt y m a y r e q u e st o r al a r g u m e nt o n a m oti o n b y w riti n g “ O r al A r g u m e nt R e- q u e st e d” o n t h e N oti c e of M oti o n o r t h e fi r st p a g e of it s o p p o si n g m e m o r a n d u m .

Summary: A party requesting oral argument must place “Oral Argument Requested” on the notice of motion or first page of the opposition memorandum.

Judge Nusrat J. Choudhury

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Applies to: Notice of motion or opposition memorandum ?

A p a rt y m a y r e q u e st o r al a r g u m e nt o n a m oti o n b y w riti n g “ O r al A r g u m e nt R e- q u e st e d” o n t h e N oti c e of M oti o n o r t h e fi r st p a g e of it s o p p o si n g m e m o r a n d u m .

Summary: A party requesting oral argument must place “Oral Argument Requested” on the notice of motion or first page of the opposition memorandum.

Judge Nusrat J. Choudhury

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Applies to: Motion or opposition papers ?

Parties may request oral argument by noting “Oral Argument Requested” below the docket number on the moving or opposing papers.

Summary: A party requests oral argument by placing “Oral Argument Requested” below the docket number on motion or opposition papers.

Judge Rachel P. Kovner

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Applies to: Stipulation of dismissal settlement or motion for extension ?

However, parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless specifically requested to do so.

Summary: Word-processing files are not required for dismissal stipulations, settlement stipulations, or extension motions unless specifically requested.

Judge Ramon E. Reyes Jr.

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Applies to: Moving or opposing papers

Parties may request oral argument by noting “Oral Argument Requested” below the docket number on the moving or opposing papers.

Summary: A party requests oral argument by adding “Oral Argument Requested” below the docket number on motion papers.

Judge Ramon E. Reyes Jr.

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Applies to: Brief ?

Citations to the docket should be made at the end of the sentence with 'Docket Entry ('DE') [docket number].' Thereafter, any further citations to THE docket may be made with a short-cite at the end of the sentence with 'DE [docket number].'

Summary: Docket citations must use specified format: full cite first, then short cite.

Judge Sanket J. Bulsara

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Applies to: Discovery motion

Discovery motions should be filed as "letter-motions."

Summary: Discovery motions should be filed as letter-motions.

Judge Sanket J. Bulsara

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Applies to: Pro se litigant
Must include: pro se legal assistance info ?

Pro se litigants are advised of the limited legal representation available at the Pro Se Legal Assistance Program, located in Room 124B of the Central Islip Courthouse. The clinic is independently operated and is not affiliated with the Court. Consultations are available by appointment. The clinic can be reached at (6 31) 297-2575 or at PSLAP@Hofstra.edu.

Summary: Pro se litigants can access legal assistance program.

Magistrate Judge Anne Y. Shields

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Applies to: Privilege claim ?
Must include: local rule 26 2 compliance ?

Counsel are directed to consult Local Rule 26.2 for directions as to the proper way to assert claims of privilege.

Summary: Local Rule 26.2 governs privilege claims.

Magistrate Judge Anne Y. Shields

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Applies to: Discovery plan ?

Status conference TBD by the court: (Generally 15 days post Tier I Discovery)

Summary: Status conference scheduled approximately 15 days after Tier I Discovery completion.

Magistrate Judge Anne Y. Shields

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Applies to: All ?

Pro se litigants are exempt from ECF requirements, but may request permission to file documents and receive notices electronically.

Summary: Pro se litigants exempt from ECF requirements but may request electronic filing

Magistrate Judge James R. Cho

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Applies to: Court order

Court orders will be provided to pro se litigants by U.S. mail, unless otherwise directed by the Court. Pro se litigants must keep current contact information on file with the Court.

Summary: Court orders to pro se litigants by U.S. mail; must keep contact information current

Magistrate Judge James R. Cho

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Applies to: Notice of motion
Must include: oral argument requested caption ?

To the extent any party requests oral argument, the party shall note “Oral Argument Requested” in the caption of the Notice of Motion or the opposing memorandum.

Summary: Request oral argument by noting in caption of Notice of Motion or opposing memorandum.

Magistrate Judge James R. Cho

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Applies to: Pretrial memorandum
Must include: caption, judge name, case number ?

For non-jury trials, a pretrial memorandum in any case where such party believes it would be useful.

Summary: Pretrial memorandum may be filed for non-jury trials if party believes it would be useful.

Magistrate Judge James R. Cho

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Applies to: Jury charge request ?
Must include: caption, judge name, case number ?

In jury cases, requests to charge limited to the elements of the claims, the damages sought and defenses. General instructions will be prepared by the Court.

Summary: Jury charge requests limited to elements, damages, and defenses; Court prepares general instructions.

Magistrate Judge James R. Cho

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Applies to: Jury voir dire ?
Must include: caption, judge name, case number ?

In jury cases, proposed voir dire questions, and a proposed jury verdict form.

Summary: Jury cases require proposed voir dire questions and jury verdict form.

Magistrate Judge James R. Cho

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Applies to: Cover letter

When filing a dispositive motion, the parties should indicate by cover letter whether they wish to have oral argument.

Summary: Parties should state in a cover letter whether they request oral argument when filing a dispositive motion.

Magistrate Judge Vera M. Scanlon

Common questions about Eastern District of New York document filing requirements

What must be included with all filings filings in Eastern District of New York?

Magistrate Judge Marcia M. Henry: The rule requires notice of electronic filing. Attorneys must register for ECF and enter notice of appearance before filing documents. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 1, section I. COMMUNICATION WITH CHAMBERS - A. Written Communications - 3. ECF

Judge Nusrat J. Choudhury: The rule requires case number. All papers must include docket number and initials of District Judge (NJC) and Magistrate Judge. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 2, section Court filings

4 more rules answer this question in the list above.

What must be included with discovery motion filings in Eastern District of New York?

Magistrate Judge Marcia M. Henry: The rule identifies required filing content or certificates. Motions to compel or for protective orders must attach the specific discovery request language as exhibits. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 7, section V. MOTIONS

Magistrate Judge Lara K. Eshkenazi: The rule identifies required filing content or certificates. Discovery motions must be filed as letter motions. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 4, section III. DISCOVERY — B. Discovery Disputes and Motions

Magistrate Judge Lee G. Dunst: The rule requires certificate of conference. Discovery motions must include a certification that the movant has in good faith conferred to obtain discovery without court action. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 13, section Meet And Confer Obligations

7 more rules answer this question in the list above.

What must be included with letter motion filings in Eastern District of New York?

Magistrate Judge Marcia M. Henry: The rule requires notice of electronic filing. Adjournment and extension requests must be filed as letter motions using the ECF "Motions" option, not the "Letter" option. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 4, section II. COURT CONFERENCES

Magistrate Judge Lara K. Eshkenazi: The rule identifies required filing content or certificates. Protective-order change letter motions must attach clean and redlined proposed orders as exhibits. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 5, section III. DISCOVERY - E. Protective Orders

1 more rule answers this question in the list above.

What must be included with motion filings in Eastern District of New York?

Magistrate Judge Marcia M. Henry: The rule requires proposed order. Pro hac vice motions must include proposed order, be filed 7 days before return date, and comply with Local Rule 1.3(i). Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 9, section D. Motions for Admission Pro Hac Vice

Judge Nusrat J. Choudhury: The rule identifies required filing content or certificates. Citations including transcript pages are required when citing record material. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 4, section Evidentiary Citations

Judge Edward R. Korman: The rule identifies required filing content or certificates. A motion filed under the IV(c)(i) exception must include an explanation that delay would deprive the party of a substantive right. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 5, section IV(c)(ii) Explanation Required

42 more rules answer this question in the list above.

What must be included with jury instructions filings in Eastern District of New York?

Magistrate Judge Marcia M. Henry: The rule identifies required filing content or certificates. Requests to charge and voir dire questions must be filed 2 weeks before trial. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 11, section VI. TRIAL PREPARATION - C. Additional Filings Before Trial - 1. Jury Trials

Judge Diane Gujarati: The rule identifies required filing content or certificates. Parties must file a single joint requests-to-charge submission that includes agreed charges and identifies disputed proposals with objections. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 14, section VII.A. Filings Prior to Trial

Chief Judge Margo K. Brodie: The rule identifies required filing content or certificates. Jury charge requests and voir dire questions must be submitted 3 weeks before trial; word-processing files go to chambers. Machine summary, not yet verified; check the linked order.

View rule Official source

13 more rules answer this question in the list above.

What must be included with proposed findings conclusions filings in Eastern District of New York?

Magistrate Judge Marcia M. Henry: The rule identifies required filing content or certificates. Joint statement of claim elements and factual summary must be filed 2 weeks before bench trial. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 11, section VI. TRIAL PREPARATION - C. Additional Filings Before Trial - 2. Bench Trials

Judge Diane Gujarati: The rule identifies required filing content or certificates. In non-jury civil and criminal trials, proposed findings of fact and conclusions of law are required within ten days after trial, and responses are not allowed. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 3, section Non-Jury Civil and Criminal Trials

Judge Nusrat J. Choudhury: The rule identifies required filing content or certificates. Parties must submit proposed findings of fact and conclusions of law, and proposed findings should be detailed with citations to proffered testimony and exhibits. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 30, section 7.3 Additional submissions in non-jury cases

15 more rules answer this question in the list above.

Related categories

Back to all rules for this court

Page & Word Limits

Maximum page counts and word limits for motions, briefs, and other filings by judge.

Courtesy Copy Requirements

When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.

Electronic Filing Rules

Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.

Filing Timing and Cure Windows

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.