Judge Alvin K. Hellerstein
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
- 1 copy • Mail • Upon Filing
- Upon Filing
Binding: Securely Bound
Courtesy copies
- Upon Filing
Adjournments
- Adjournment/extension requests require 48-hour advance written notice with specific required elements.
- Adjournment or extension requests must be written, submitted at least 48 hours in advance, include specific required information, and should be faxed to Chambers.
- Requests for relief from case management dates must follow Individual Rules and include proposed order with all affected dates.
- Adjournment and discovery/procedural ruling motions must include all parties' positions and follow Individual Rules 1(D) and 2(E).
- Requests to modify Case Management Plan dates must include a proposed order with counsel consents/disagreements, affected dates, and proposed new dates.
- +1 more
Request must include
Communication
Chambers
Fax
Chambers
Phone
Chambers
Letter via ECF
Chambers
Letter via fax
Chambers
Page & Word Limits2 rules
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The Court does not impose a page limit for briefs.
Summary: No page limit imposed for briefs.
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The Court does not impose a page limit for briefs.
Summary: No page limits for briefs.
Structured details unavailable. See the source text.
Document Format Requirements16 rules
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All affidavits and exhibits shall be clearly identified by tabs on both original and courtesy copies.
Summary: Affidavits and exhibits must be tabbed on both original and courtesy copies.
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All affidavits, exhibits, and motions shall be bound.
Summary: All affidavits, exhibits, and motions must be bound.
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Exhibits shall be marked sequentially such that no exhibit number or letter repeats, regardless of the affidavit to which it is attached.
Summary: Exhibits must be marked sequentially without repeating numbers or letters.
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Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters.
Summary: Plaintiff exhibits marked with numbers, defendant exhibits with letters.
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In any event, courtesy copies are to be submitted without plastic covers.
Summary: Courtesy copies must be submitted without plastic covers.
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The submissions described in ii and iii above shall be in both hard copy and electronically in MS Word format (by email or CD-Rom).
Summary: Proposed jury charges/voir dire and proposed findings/conclusions must be submitted in hard copy and MS Word format.
DOCX
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plaintiffs and defendants shall bring to the conference loose-leaf exhibit binders of all exhibits they actually intend to offer at the trial. Defendants shall not duplicate exhibits identified by Plaintiffs.
Summary: Parties must bring loose-leaf exhibit binders to pretrial conference; defendants must not duplicate plaintiff exhibits.
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The submissions described in ii and iii above shall be in both hard copy and electronically in MS Word format (by email or CD-Rom).
Summary: Pretrial submissions must be in hard copy and MS Word electronic format.
DOCX
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Faxes may be sent only: for urgent matters requiring an immediate response from Chambers; to request an adjournment or extension of time as provided by Rule 1.D; or to make a technology request as provided by Rule 1.F. Faxes should be brief and may not exceed 5 pages without special permission from Chambers. Do not follow faxes with a hard copy.
Summary: Faxes limited to 5 pages without special permission, only for urgent matters, adjournment requests, or technology requests.
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ECF Cases. All civil and criminal cases (except pro se and special cases) filed on or after March 1, 2004 assigned to Judge Hellerstein are ECF cases. All counsel must register for ECF in each case pending before this Court. Counsel are responsible for checking their registered email and court docket sheet for memo-endorsements and orders. If counsel are not receiving such emails, please contact the ECF Help Desk at (212) 805-0800. All filings on ECF which can be made text-searchable shall be text-searchable.
Summary: ECF required for civil/criminal cases filed after March 1, 2004; text-searchable format required.
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All filings on ECF which can be made text-searchable shall be text-searchable.
Summary: All ECF filings capable of being text-searchable must be made text-searchable.
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All affidavits, exhibits, and motions shall be bound.
Summary: All affidavits, exhibits, and motions must be bound.
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In the event of an especially voluminous submission, and only with written approval from Chambers, parties may submit their exhibits by CD.
Summary: Voluminous exhibits may be submitted by CD with Chambers approval.
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Written communications of six (6) to twenty (20) pages may be faxed, without permission, only after hours: after 5:30 P.M through 8:30 A.M. the following morning. During office hours, between 8:30 A.M. and 5:30 P.M., permission to fax 6- to 20-page documents is necessary. No hard copy should be sent if a copy is sent by facsimile.
Summary: Fax communications of 6-20 pages only after hours without permission; permission needed during office hours.
Fax
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Written communications of twenty-one (21) pages or more may only be faxed with permission. Permission is likely to be granted only in urgent circumstances. No hard copy should be sent if permission is given to fax the document.
Summary: Fax communications of 21+ pages require permission, granted only in urgent circumstances.
Fax
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Written communications of six (6) pages or fewer may be faxed at any time without permission. No hard copy should be sent if a copy is sent by facsimile.
Summary: Fax communications of 6 pages or fewer without permission; no hard copy needed.
Fax
Document Filing Requirements44 rules
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Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed. Separate and successive letters will be returned, unread. Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.
Summary: Disputes must be submitted in a single joint letter describing meet and confer efforts; separate letters rejected.
Document Type
Letter
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Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed.
Summary: Disputes must be described in a single jointly composed letter.
Document Type
Dispute Letter
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The Court will not resolve disputes not brought to its attention in conformity with this rule.
Summary: Court will not resolve disputes not brought in conformity with this rule.
Document Type
Dispute Letter
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All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.
Summary: All motions and courtesy copies must include a table of contents listing affidavits and exhibits.
Document Type
Motion
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No later than 48 hours prior to an initial conference, counsel shall file, via ECF, a proposed case management plan, using the template attached to these individual Rules.
Summary: Proposed case management plan must be filed via ECF 48 hours before initial conference.
Document Type
Letter
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Letter motions or oppositions will not be accepted.
Summary: Letter motions and oppositions are not accepted.
Document Type
Motion
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Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.
Summary: Meet and confer rule must be strictly followed and described in joint submission.
Document Type
Dispute Letter
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Parties shall refer to exhibits already filed and not duplicate them.
Summary: Parties must refer to existing exhibits and not duplicate them.
Document Type
Motion
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Letter motions or oppositions will not be accepted.
Summary: Letter motions and letter oppositions are prohibited.
Document Type
Motion
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All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.
Summary: All motions must include a table of contents listing all affidavits and exhibits.
Document Type
Motion
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Separate and successive letters will be returned, unread.
Summary: Separate and successive letters will be returned unread.
Document Type
Dispute Letter
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The parties shall submit, three days prior to that conference, for the Court’s approval, a joint pretrial order, which shall include the following:
Summary: Joint pretrial order due 3 days before final pretrial conference.
Document Type
Joint Pretrial Order
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Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made.
Summary: Default judgment motions require proof of service and agency relationship or compliance description.
Document Type
Default Judgment
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The parties shall submit, three days prior to that conference, for the Court's approval, a joint pretrial order, which shall include the following: i. The full caption of the action, omitting all dismissed parties. ii. The names, addresses (including firm names), e-mail addresses, 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 of the claims and defenses to be tried, without recital of evidentiary matter but including citations to all statutes and cases relied on. v. A copy of the pleadings marked to show, for each claim and defense, in the margin next to each allegation thereof, the admissions and denials. vi. A statement as to whether the case is to be tried with or without a jury, and the estimated number of trial days. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. ix. A list of each party's witnesses actually intended to be called, and, if the witness cannot be present and will testify through deposition, the precise portions of deposition transcripts actually intended to be introduced together with any cross-designations and objections by any other party. x. A list of exhibits actually intended to be offered at trial, indicating exhibits to which no party objects on grounds of authenticity and exhibits to which no party objects on any ground.
Summary: Joint pretrial orders must include caption, counsel info, jurisdiction statements, claims/defenses summary, marked pleadings, jury/trial estimate, magistrate consent, witness lists, and exhibit lists.
Document Type
Pretrial Order
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Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made. If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.
Summary: Default judgment motions must include proofs of service and entity documentation.
Document Type
Default Judgment
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If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.
Summary: Entity default judgments require charter copy and entity type discussion.
Document Type
Default Judgment
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On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate:
Summary: Pretrial filings due by court-set date, no later than 3 days before pretrial conference.
Document Type
Pretrial Filing
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On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate: i. For jury and non-jury trials, a pretrial memorandum, describing the party's position on the factual and legal issues to be tried. ii. For jury trials, proposed requests to charge and proposed voir dire questions. iii. For non-jury trials, proposed findings of fact and conclusions of law for each claim and defense.
Summary: Parties must submit pretrial memoranda, proposed jury charges/voir dire (jury trials), or proposed findings/conclusions (non-jury trials) no later than 3 days before final pretrial conference, in duplicate.
Document Type
Pretrial Memorandum
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Parties moving the Court to approve a collective action notice shall use the template attached.
Summary: Parties seeking collective action notice approval must use the attached template.
Document Type
Notice Of Motion
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DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers. (See 1(B)(ii).)
Summary: Adjournment requests on ECF require simultaneous hard copy or fax to Chambers.
Document Type
Adjournment Request
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Docket numbers must appear on all submissions to the Court.
Summary: Docket numbers required on all submissions to the Court.
Document Type
All Submissions
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Docket numbers must appear on all submissions to the Court.
Document Type
All
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If a filing relates to all of the cases within a group, the master caption should be used. If a filing relates to specific case, the individual docket number and the master docket number should appear on the filing.
Summary: Master caption required for group filings; individual and master docket numbers required for case-specific filings.
Document Type
All
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Exhibits shall be marked sequentially such that no exhibit number or letter repeats, regardless of the affidavit to which it is attached. Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters. Parties shall refer to exhibits already filed and not duplicate them.
Summary: Exhibits must be sequentially marked (plaintiffs use numbers, defendants use letters) without duplication.
Document Type
Exhibits
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Affidavits and exhibits shall be clearly identified by tabs on both original and courtesy copies.
Summary: Affidavits and exhibits must be tabbed on both original and courtesy copies.
Document Type
Exhibits
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In the case of settlements, requests that the Court retain jurisdiction will be considered only if all documents relating to the settlement are exhibited to the Court for review and further instructions, which may include requiring the parties to file all such documents and make them publicly accessible.
Summary: Settlement documents must be exhibited to Court for review if requesting retention of jurisdiction.
Document Type
Settlement
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The full caption of the action, omitting all dismissed parties.
Summary: Joint pretrial order must include full caption without dismissed parties.
Document Type
Joint Pretrial Order
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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 cases relied on and relevant facts as to citizenship and jurisdictional amount.
Summary: Joint pretrial order requires jurisdiction statements with citations and facts.
Document Type
Joint Pretrial Order
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The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel.
Summary: Joint pretrial order must include trial counsel contact information.
Document Type
Joint Pretrial Order
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A brief summary of the claims and defenses to be tried, without recital of evidentiary matter but including citations to all statutes and cases relied on.
Summary: Joint pretrial order requires claims/defense summary with citations.
Document Type
Joint Pretrial Order
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Following the close of discovery, unless otherwise ordered by the Court, a final pretrial conference will be scheduled as close as possible to the date that the trial is scheduled to begin.
Summary: Final pretrial conference scheduled after discovery close, near trial date.
Document Type
Pretrial Order
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A statement as to whether the case is to be tried with or without a jury, and the estimated number of trial days (including direct and cross-examination for all witnesses).
Summary: Joint pretrial order requires jury trial statement and trial day estimate.
Document Type
Joint Pretrial Order
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A statement as to whether or not all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).
Summary: Joint pretrial order requires magistrate judge consent statement.
Document Type
Joint Pretrial Order
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A copy of the pleadings marked to show, for each claim and defense, in the margin next to each allegation thereof, the admissions and denials; and if any claims or defenses have been withdrawn or previously determined.
Summary: Joint pretrial order requires marked pleadings showing admissions/denials.
Document Type
Joint Pretrial Order
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A list of exhibits actually intended to be offered at trial, indicating exhibits to which no party objects on grounds of authenticity and exhibits to which no party objects on any ground.
Summary: Joint pretrial order requires exhibit list with objection status.
Document Type
Joint Pretrial Order
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For jury and non-jury trials, a pretrial memorandum, describing the party’s position on the factual and legal issues to be tried.
Summary: Pretrial memorandum required for all trials describing factual/legal positions.
Document Type
Pretrial Memorandum
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The procedures for trials in criminal cases shall be the same (to the extent practicable) as the procedures for trials in civil cases.
Summary: Criminal trial procedures follow civil trial procedures where practicable.
Document Type
Criminal Trial Procedures
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A list of each party’s witnesses actually intended to be called, and, if the witness cannot be present and will testify through deposition, the precise portions of deposition transcripts actually intended to be introduced together with any cross-designations and objections by any other party.
Summary: Joint pretrial order requires witness list and deposition designations.
Document Type
Joint Pretrial Order
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For non-jury trials, proposed findings of fact and conclusions of law for each claim and defense.
Summary: Non-jury trials require proposed findings of fact and conclusions of law.
Document Type
Non Jury Trial Pretrial Filing
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Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters; and plaintiffs and defendants shall bring to the conference loose-leaf exhibit binders of all exhibits they actually intend to offer at the trial.
Summary: Plaintiff exhibits numbered, defendant exhibits lettered, bring binders.
Document Type
Joint Pretrial Order
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Defendants shall not duplicate exhibits identified by Plaintiffs.
Summary: Defendants must not duplicate plaintiff exhibits.
Document Type
Joint Pretrial Order
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Motions in limine will be heard at the final pre-trial conference. Counsel shall schedule the motions to suit their convenience, providing sufficient time for the court to understand, and rule on, the disputed issues.
Summary: Motions in limine heard at final pretrial conference, counsel schedules timing.
Document Type
Motions In Limine
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For jury trials, proposed requests to charge and proposed voir dire questions.
Summary: Jury trials require proposed requests to charge and voir dire questions.
Document Type
Jury Trial Pretrial Filing
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Technology Requests. Under appropriate circumstances, counsel may bring laptops and other technology, such as projectors, into the courtroom. Counsel who wish to bring such technology into the courtroom must fill out the technology request form provided on the Court’s website (under Local Rules/Standing Orders – Electronic Device Order). Counsel shall submit a hard copy of the request, along with a letter explaining the need for the technology requested. The letter and technology form may be faxed to Chambers.
Summary: Technology requests require hard copy submission with form and explanation letter, may be faxed.
Document Type
Technology Request
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies of all filed documents must be mailed in hard copy to Chambers.
Courtesy copies of all documents filed with the Court should be forwarded in hard copy by mail to Chambers.
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Page 1 | 1. Counsel Communication with the Court - D. Courtesy Copies - i
Courtesy copies of all filed documents must be mailed to Chambers.
Courtesy copies of all documents filed with the Court should be forwarded in hard copy by mail to Chambers.
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Page 1 | Courtesy Copies
Voluminous exhibits may be submitted by CD with Chambers approval; courtesy copies must not have plastic covers.
In the event of an especially voluminous submission, and only with written approval from Chambers, parties may submit their exhibits by CD. In any event, courtesy copies are to be submitted without plastic covers.
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Page 4 | Filing of Motion Papers
Courtesy list of newly-filed actions must be sent by facsimile.
A courtesy list of all newly-filed actions is requested, and should be sent by facsimile.
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Page 1 | Courtesy Copies
A courtesy list of newly-filed actions should be sent by facsimile to Chambers.
A courtesy list of all newly-filed actions is requested, and should be sent by facsimile.
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Page 1 | 1. Counsel Communication with the Court - D. Courtesy Copies - ii
Sealing & Redaction Procedures
Parties must move for permission to file under seal contemporaneously, file redacted versions on ECF with unredacted copy to Chambers, and submit large exhibits (over 100 pages) on CD.
Notwithstanding any protective order, any party seeking to file materials under seal (whether as part of a motion, a pretrial filing, or other submission) is required to move for permission to file the materials under seal contemporaneously. The party shall do so according to the following procedures. i. The party shall file the notice of motion and redacted versions of the briefing and any supporting materials on ECF, together with an unredacted copy to Chambers, specifying those portions sought to be sealed and setting forth the reasons why sealing is appropriate under the circumstances. For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.
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Page 7 | B. Filing Materials under Seal
Parties must move for permission to file materials under seal contemporaneously with the filing.
Any party seeking to file materials under seal (whether as part of a motion, a pretrial filing, or other submission) is required to move for permission to file the materials under seal contemporaneously.
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Page 7 | Filing Materials under Seal
Unredacted exhibits over 100 pages must be submitted to Chambers on CD.
For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.
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Page 7 | Filing Materials under Seal
Protective orders requiring sealing must be supported by competent evidence showing sealing is essential and narrowly tailored.
No protective order shall be submitted that provides for sealing of documents or other information in connection with a submission to the Court, except following a motion supported by competent evidence showing that sealing is essential to preserve higher values and is narrowly tailored to serve that interest.
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Page 7 | Protective Orders
File redacted versions on ECF and unredacted copies to Chambers when seeking to seal materials.
The party shall file the notice of motion and redacted versions of the briefing and any supporting materials on ECF, together with an unredacted copy to Chambers, specifying those portions sought to be sealed and setting forth the reasons why sealing is appropriate under the circumstances.
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Page 7 | Filing Materials under Seal
Sealing requires a motion supported by competent evidence showing it is essential to preserve higher values and is narrowly tailored.
No protective order shall be submitted that provides for sealing of documents or other information in connection with a submission to the Court, except following a motion supported by competent evidence showing that sealing is essential to preserve higher values and is narrowly tailored to serve that interest.
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Page 7 | Filing Materials under Seal
Public access presumption rebuttable if closure essential and narrowly tailored.
The presumption is rebuttable upon demonstration that 'closure is essential to preserve higher values and is narrowly tailored to serve that interest.'
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Page 6 | Confidentiality Provisions
Court records and dockets presumptively open to public inspection.
Court records and docket sheets are to be accessible to the public, and enjoy a presumption of openness to public inspection.
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Page 6 | Confidentiality Provisions
Filing Bundling Requirements
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
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Page 3 | C. Filing of Motion Papers
Pre-Motion Conference Requirements
Motion briefing limited to three rounds: supporting, opposing, and reply.
As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.
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Page 3 | D. Motions, Settlement, Second Pre-Trial Conference, and Expert Discovery
Motion briefing is limited to three rounds: opening, opposition, and reply.
As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.
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Cross-motions are prohibited.
There shall be no cross-motions.
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Court schedules oral argument if desired.
The Court will schedule the date and time for argument if it desires argument.
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Page 3 | D. Oral Argument on Motions
No pre-motion conference or permission required; motions may be filed at attorney discretion.
Counsel shall not request a pre-motion or permission to file a motion. Motions may be filed in the discretion of the attorneys, and shall conform to the Federal Rules of Civil Procedure.
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Page 3 | Motions
Motions can be returnable on any day of the week.
Motions shall be returnable on any day of the week.
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Page 3 | D. Oral Argument on Motions
Pre-motion conferences are not required.
Counsel shall not request a pre-motion or permission to file a motion.
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Page 3 | B. Motions
Counsel should not appear in Court on the return date.
Counsel shall not appear in Court on the return date.
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Page 3 | D. Oral Argument on Motions
Adjournment & Extension Requirements
Adjournment or extension requests must be written, submitted at least 48 hours in advance, include specific required information, and should be faxed to Chambers.
All requests for adjournments (including adjournments of court conferences) or extensions of time must be made in writing at least 48 hours before the scheduled deadline or date of appearance. All requests must state: (i) the original date; (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; (iv) whether the adversary consents, and, if not, the reasons by the applicant, and by the adversary, for and against the relief requested; and (v) all other dates previously scheduled after the original date, including dates for conferences with the Court, and a suggested modified schedule, agreed to by all other counsel. Requests for adjournments should be faxed to (212-805-7942).
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Page 2 | Requests for Adjournments or Extensions of Time
Adjournment/extension requests require 48-hour advance written notice with specific required elements.
All requests for adjournments (including adjournments of court conferences) or extensions of time must be made in writing at least 48 hours before the scheduled deadline or date of appearance. All requests must state: (i) the original date; (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; (iv) whether the adversary consents, and, if not, the reasons by the applicant, and by the adversary, for and against the relief requested; and (v) all other dates previously scheduled after the original date, including dates for conferences with the Court, and a suggested modified schedule, agreed to by all other counsel.
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Requests for relief from case management dates must follow Individual Rules and include proposed order with all affected dates.
Any request for relief from any date provided in this Case Management Plan shall conform to the Court’s Individual Rules, and include an order, showing consents and disagreements of all counsel, setting out all dates that are likely to be affected by the granting of the relief requested, and proposed modified dates. Unless and until the Court approves the proposed order, the dates provided in this Plan shall be binding.
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Page 3 | E. Any request for relief from any date provided in this Case Management Plan
Adjournment and discovery/procedural ruling motions must include all parties' positions and follow Individual Rules 1(D) and 2(E).
Applications for adjournments and for discovery or procedural rulings will reflect or contain the positions of all parties, and otherwise conform to my Individual Rules 1(D) and 2(E).
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Page 5 | Pre-Trial Motions
Adjournment applications must include the positions of all parties and conform to Individual Rules 1(D) and 2(E).
Applications for adjournments and for discovery or procedural rulings will reflect or contain the positions of all parties, and otherwise conform to my Individual Rules 1(D) and 2(E).
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Page 5 | Pre-Trial Motions
Requests to modify Case Management Plan dates must include a proposed order with counsel consents/disagreements, affected dates, and proposed new dates.
Any request for relief from any date provided in this Case Management Plan shall conform to the Court's Individual Rules, and include an order, showing consents and disagreements of all counsel, setting out all dates that are likely to be affected by the granting of the relief requested, and proposed modified dates. Unless and until the Court approves the proposed order, the dates provided in this Plan shall be binding.
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Chambers Communication Rules
Letters filed on ECF must additionally be sent to Chambers by mail or by fax (if 5 pages or under).
Letters filed on ECF must also be sent to Chambers, either by mail or, if five pages or under, by fax.
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Page 1 | Communications with Chambers
Hard copies of all letters must be sent to Chambers via mail or Court Security Officer (not direct delivery), with simultaneous delivery to all counsel, and the Court must not be copied on inter-counsel correspondence.
Parties shall send to Chambers a hard copy of all letters. Copies of letters to Chambers shall simultaneously be delivered to all counsel in no less speedy a manner than the method of delivery to the Court. Counsel shall not copy the Court on correspondence between and among them. Copies of all documents shall either be mailed to Chambers or left with the Court Security Officer at the Worth Street entrance of the Courthouse. Papers shall not be delivered directly to Chambers unless special permission to do so is granted.
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Page 1 | Communications with Chambers
Faxes to Chambers are limited to urgent matters, adjournment requests, and technology requests; must not exceed 5 pages without permission; no follow-up hard copy allowed.
Faxes may be sent only: for urgent matters requiring an immediate response from Chambers; to request an adjournment or extension of time as provided by Rule 1.D; or to make a technology request as provided by Rule 1.F. Faxes should be brief and may not exceed 5 pages without special permission from Chambers. Do not follow faxes with a hard copy.
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Page 1 | Communications with Chambers
Adjournment or extension requests filed on ECF must also be sent to Chambers by hard copy or fax.
DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers.
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Page 2 | Requests for Adjournments or Extensions of Time
Counsel must not appear on return date; Court schedules oral argument only if desired.
Counsel shall not appear in Court on the return date. The Court will schedule the date and time for argument if it desires argument.
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Page 3 | Oral Argument on Motions
Adjournment requests must be faxed to specific number.
Requests for adjournments should be faxed to (212-805-7942).
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Fax communications of 21+ pages require permission, granted only in urgent circumstances.
Written communications of twenty-one (21) pages or more may only be faxed with permission. Permission is likely to be granted only in urgent circumstances. No hard copy should be sent if permission is given to fax the document.
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Page 1 | 1. Counsel Communication with the Court - B. Facsimile Communication - iii
Permission is required for all hand deliveries to chambers.
Permission for all hand deliveries to chambers remains necessary.
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Page 1 | 1. Counsel Communication with the Court - C. Hand Deliveries
Only Liaison Counsel may contact Chambers by telephone except for good cause.
Except for good cause, only Liaison Counsel may contact Chambers by telephone.
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Page 1 | 1. Counsel Communication with the Court - A. Telephone Communication
Phone calls to Chambers are prohibited for announcing adjournment intentions, inquiring about request status, confirming receipt (unless >5 business days passed), or asking permission to fax requests.
DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.
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Page 2 | Requests for Adjournments or Extensions of Time
Joint agenda must be emailed to Chambers at least 48 hours before non-initial conferences.
For all other conferences, counsel shall submit by email to Chambers a joint agenda, no later than 48 hours in advance of the conference.
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Page 3 | Conferences in Civil Cases
No phone calls for adjournment requests except after 5 business days without response.
DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.
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Fax communications of 6-20 pages require permission during office hours (8:30 AM - 5:30 PM); after-hours faxing allowed without permission.
Written communications of six (6) to twenty (20) pages may be faxed, without permission, only after hours: after 5:30 P.M through 8:30 A.M. the following morning. During office hours, between 8:30 A.M. and 5:30 P.M., permission to fax 6- to 20-page documents is necessary. No hard copy should be sent if a copy is sent by facsimile.
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Page 1 | 1. Counsel Communication with the Court - B. Facsimile Communication - ii
Court uses email to communicate to counsel but counsel should not respond by email.
The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.
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Page 2 | 2. Court Communication with Counsel - C
Fax communications of 6 pages or fewer require no permission; no hard copy needed if faxed.
Written communications of six (6) pages or fewer may be faxed at any time without permission. No hard copy should be sent if a copy is sent by facsimile.
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Page 1 | 1. Counsel Communication with the Court - B. Facsimile Communication - i
Court communications only to Liaison Counsel unless otherwise necessary.
Phone calls and facsimiles from the Court will be made to Liaison Counsel only, unless otherwise necessary.
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Page 2 | Court Communication with Counsel
Court email for communication; counsel should not respond by email.
The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.
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Page 2 | Court Communication with Counsel
Court will communicate by phone and fax to Liaison Counsel only unless otherwise necessary.
Phone calls and facsimiles from the Court will be made to Liaison Counsel only, unless otherwise necessary.
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Page 2 | 2. Court Communication with Counsel - A
Second Case Management Conference scheduled one week after settlement meeting to discuss case status, settlement, ADR, expert discovery, and motions.
Approximately one week thereafter, the parties shall meet with the Court for a Second Case Management Conference to discuss the status of the case, the prospects of settlement, whether alternative disputes-resolution procedures should be utilized, the need for and a schedule regulating experts and expert-discovery, appropriate motions and schedules therefor, and any other issue counsel or the Court wish to discuss. The Case Management Conference will be held on Friday, _________________, at 10:00 a.m.
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Page 3 | D. Motions, Settlement, Second Pre-Trial Conference, and Expert Discovery