Judge Lewis J. Liman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Pretrial Submission
- 1 copy • Hand Delivery • Upon Filing
Adjournments
- Extension/adjournment requests require 48-hour advance notice (except emergencies).
- Counsel must be available to meet and confer within 48 hours of request; failure to do so allows moving party to file letter-motion.
- Extension requests after deadline expiration are ordinarily denied.
- Opposition to extension/adjournment requests may file reply within 2 business days.
- Adjournment/extension requests must include specific information in letter-motion format.
- +2 more
Request must include
- Sentencing adjournment requests must be made at least 72 hours before proceeding; late requests viewed with disfavor.
- Adjournment/extension requests must be made at least 2 business days in advance.
- Default deadline extensions require stipulation submitted 2 business days before due date.
- Rescheduling Initial Pretrial Conference requires 2 business days notice via letter-motion with 3 alternative times.
Communication
Chambers
Phone
Intake Unit
Phone
Chambers
Letter via fax
Chambers
Letter via ECF
Intake Unit
Hand Delivery
Intake Unit
Phone
Other Parties
Page & Word Limits4 rules
Machine summary. Not checked yet.Mandatory?
Letters may not exceed five (5) pages in length.
Summary: Letters to chambers are limited to 5 pages.
Letter
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The following special rules for the timing of motion filings in pro se cases apply: unless otherwise ordered by the Court, papers filed in opposition to a motion in a pro se case must be served and filed within four weeks of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.
Summary: In pro se cases, opposition papers must be filed within 4 weeks of motion service, and reply papers within 2 weeks of opposition receipt.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The Court does not impose page limitations on memoranda of law. The parties should agree upon reasonable page limits for principal briefs and reply briefs, exercising their sound judgment so as not to unnecessarily burden the Court. If parties are unable to agree, memoranda in support of and in opposition to motions are limited to 25 pages while reply memoranda are limited to 10 pages.
Summary: Memoranda of law have no page limits, but if parties can't agree, motions are limited to 25 pages and replies to 10 pages.
Motion
25 pages
Reply
10 pages
Machine summary. Not checked yet.Mandatory?
If the opposing party wishes to respond to the letter-motion, the opposition (which should take the form of a letter, not to exceed three single-spaced pages) must be filed
Summary: Opposition to discovery letter-motion must be filed as letter not exceeding 3 single-spaced pages.
Structured details unavailable. See the source text.
Document Format Requirements5 rules
Machine summary. Not checked yet.Mandatory?
Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. In particular, in accordance with Paragraph 2(C) above, all requests for adjournments and extensions should be filed as letter-motions. All letter-motions should be text-searchable and may not exceed five (5) pages in length. A courtesy copy should not be provided to Chambers.
Summary: Letter-motions must be text-searchable, max 5 pages, no courtesy copy to Chambers.
Machine summary. Not checked yet.Mandatory?
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless specifically ordered by the Court or otherwise permitted by these Individual Practices.
Summary: No paper submissions to chambers unless specifically ordered or permitted.
ECF
Machine summary. Not checked yet.Mandatory?
All letters shall be filed on ECF in text-searchable form and should not exceed three single-spaced pages in length.
Summary: Letters to chambers must be ECF-filed, text-searchable, max 3 single-spaced pages.
Machine summary. Not checked yet.Mandatory?
All documents (e.g., motions, briefs, and letters) filed by parties on ECF must be in text-searchable format.
Summary: All ECF filings must be in text-searchable format.
Machine summary. Not checked yet.Important?
Exhibits filed on ECF should be in text-searchable format, where possible.
Summary: Exhibits on ECF should be text-searchable when possible.
Document Filing Requirements49 rules
Machine summary. Not checked yet.Mandatory?
Letters may not exceed five (5) pages in length. Copies of correspondence between counsel may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).
Summary: Counsel correspondence cannot be filed on ECF except as exhibits.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
The letter-motion must state: (1) the original date(s), (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, (4) the reason for the extension or adjournment, (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent, and (6) the date of the parties’ next scheduled appearance before the Court.
Summary: Extension/adjournment letter-motions must include specific required elements.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
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 by email (LimanNYSDChambers@nysd.uscourts.gov) a proposed order (in Microsoft Word format).
Summary: Speedy Trial Act exclusion requests must include facts for independent finding and proposed order in Word format.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Speedy Trial Act exclusions require party conference and consent indication.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel should inform the Court and request a Curcio hearing in advance of the first conference.
Summary: Defense counsel must disclose benefactor payments creating conflicts and request Curcio hearing before first conference.
Document Type
Conflict Disclosure
Machine summary. Not checked yet.Mandatory?
In making discovery motions, counsel must comply with S.D.N.Y. Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.
Summary: Discovery motions must comply with Local Criminal Rule 16.1 and include Rule 16.1 affidavit.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
Any written request for a bail modification shall be filed on ECF as a letter-motion in accordance with Paragraph 3(A) and shall indicate whether the Government and the Pretrial Services Officer consent to the request.
Summary: Bail modification requests must be filed as letter-motions on ECF and indicate consent from Government and Pretrial Services Officer.
Document Type
Bail Modification Request
Machine summary. Not checked yet.Mandatory?
Where a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement ordinarily must be received by Chambers at least two business days before the scheduled plea. Where the Government is providing a Pimentel letter, a copy must be received by Chambers at least two business days before the scheduled plea. The Government shall email these documents to the Court (Liman NYSDChambers@nysd.uscourts.gov).
Summary: Plea/cooperation agreements and Pimentel letters must be emailed to Chambers at least 2 business days before scheduled plea.
Document Type
Plea Proceeding
Machine summary. Not checked yet.Mandatory?
At the start of the trial, each of the parties must provide the Court with two (2) hard copies of the exhibit list with a brief description of each exhibit, and binders containing two (2) sets of pre-marked documentary exhibits (and Section 3500 material from the Government), in sequential order separated by numbered tabs. If practicable, the parties shall also submit a CD-ROM containing electronic .pdf copies of all exhibits.
Summary: Trial exhibits require 2 hard copies of exhibit list and 2 sets of pre-marked exhibits in binders with tabs; PDF copies on CD-ROM if practicable.
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed and served fourteen (14) days prior to sentencing. The Government’s sentencing submission shall be filed and served seven (7) days prior to sentencing. If a party does not intend to file a substantive sentencing submission, the Court nevertheless requires a written statement to that effect submitted by the date that party’s sentencing submission is due.
Summary: Defendant's sentencing submission due 14 days before sentencing; Government's due 7 days before. Written statement required if no substantive submission.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
All letters shall be filed on ECF in text-searchable form and should not exceed three single-spaced pages in length.
Summary: Letters to chambers must be ECF-filed, text-searchable, max 3 single-spaced pages.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
If the requested adjournment or extension affects any other scheduled dates, any non-pro se party moving for relief must attach a proposed revision to the Case Management Plan and Scheduling Order. A pro se party may, but is not required to, submit a proposed revision to the Case Management Plan and Scheduling Order.
Summary: Non-pro se parties must attach proposed revision to Case Management Plan for adjournments affecting other dates.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
Any party wishing to file a letter-motion shall include in the letter-motion a statement that it first attempted to confer in good faith with the opposing parties, in person or by telephone, in an effort to resolve the dispute. The letter-motion should not indicate the content of the meet-and-confer unless independently relevant.
Summary: Letter-motions must include meet-and-confer statement without disclosing content.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
Motions to amend a case management plan and scheduling order, to file papers under seal or in redacted form, to compel discovery, or for a protective order or confidentiality order may be made by letter-motion. Motions to quash or modify a subpoena pursuant to Fed R Civ P. 45(d)(3) or for contempt pursuant to Fed R Civ P. 45(g) should be made by formal motion.
Summary: Letter-motions allowed for certain motions; formal motions required for subpoena/quash/contempt motions.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
In all cases, no pretrial memorandum of law shall be submitted absent express permission from the Court.
Summary: Pretrial memoranda require express Court permission.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 2(I) above, in support of all motions in limine filed by that party.
Summary: Motions in limine require a single memorandum of law unless leave granted.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
All documentary exhibits when they are few in number. When documentary exhibits are voluminous or are too large to email, the parties shall submit each documentary exhibit in a labeled file (ex: “PX-1,” “DX-1,” etc.) under the file transfer protocol as described in Paragraph 2(N). Irrespective of the method of transfer, all documentary exhibits from each party must also be submitted, when possible, as a consolidated and bookmarked PDF, in addition to individual files.
Summary: Documentary exhibits must be submitted as labeled files via FTP when voluminous, plus consolidated bookmarked PDF.
Document Type
Documentary Exhibits
Machine summary. Not checked yet.Mandatory?
Any affidavits or stipulations that are admissible under the Federal Rules of Evidence and that will be offered as substantive evidence;
Summary: Admissible affidavits and stipulations offered as substantive evidence must be submitted.
Document Type
Affidavits Stipulations
Machine summary. Not checked yet.Mandatory?
At the time the Joint Pretrial Order is filed, each party shall submit to the Court by email (LimanNYSDChambers@nysd.uscourts.gov) and serve on opposing counsel, but not file on ECF, the following:
Summary: Additional submissions in non-jury cases must be emailed to Court and served on opposing counsel, but not filed on ECF.
Document Type
Additional Submissions
Machine summary. Not checked yet.Mandatory?
In non-jury cases, proposed findings of fact and conclusions of law. 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. They should not be argumentative. At the time of filing, parties should submit copies of these documents to the Court by email (LimanNYSDChambers@nysd.uscourts.gov), both in .pdf format and in word processing format.
Summary: Non-jury cases require detailed proposed findings of fact and conclusions of law with citations, submitted by email in PDF and word processing formats.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
Any deposition excerpts that will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts;
Summary: Deposition excerpts offered as substantive evidence require a one-page synopsis with page citations.
Document Type
Deposition Excerpts
Machine summary. Not checked yet.Mandatory?
A document in word processing format listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.
Summary: Word processing exhibit list with four columns required, first two completed by parties, last two by Court.
Document Type
Exhibit List
Machine summary. Not checked yet.Mandatory?
ii. The names, law firms, addresses, telephone numbers, and email addresses of trial counsel;
Summary: Non-pro se Joint Pretrial Order must include trial counsel contact information.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Under Local Civil Rule 56.1, failure to submit a separate, short and concise statement, in numbered paragraphs, of material facts as to which the moving party contends there is no genuine issue to be tried may constitute grounds for denial of the motion. L.R. 56.1(a). Each numbered paragraph in a Rule 56.1 Statement must be followed by citation to evidence which would be admissible. L.R. 56.1(d). Each numbered paragraph in a Rule 56.1 Statement will be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement of the opposing party. L.R. 56.1(c).
Summary: Rule 56.1 statements must be numbered, concise, with citations to admissible evidence.
Document Type
Rule 56 1 Statement
Machine summary. Not checked yet.Mandatory?
After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related (e.g., 12-cv-1234 [rel. 11-cv-4321]).
Summary: Related cases must include both docket numbers in all filings.
Document Type
All
Machine summary. Not checked yet.Mandatory?
If the dates requested in the proposed Case Management Plan and Scheduling Order differ from the default rules (as listed in italics in the Case Management Plan and Scheduling Order, available on Judge Liman’s website), the parties shall identify by cover letter, submitted simultaneously with the Case Management Plan and Scheduling Order, each such difference and the reasons for it.
Summary: Differences from default dates in Case Management Plan must be explained in cover letter submitted simultaneously.
Document Type
Case Management Plan
Machine summary. Not checked yet.Mandatory?
v. A statement as to the number of trial days needed and whether the case is to be tried with or without a jury;
Summary: Non-pro se Joint Pretrial Order must include statement of trial days needed and jury trial indication.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
iii. A brief statement by the plaintiff (or, in a removed case, by the defendant) 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 any relevant facts as to citizenship and jurisdictional amount;
Summary: Non-pro se Joint Pretrial Order must include subject matter jurisdiction statements with statutory citations and citizenship facts.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
B. Motions for Preliminary Injunction. The Court generally follows the procedure for the conduct of non-jury trials described in Paragraph 5(C). That is, parties must submit any documentary exhibits, declarations, and/or affidavits in support of or in opposition to such motions at the time they submit their legal memoranda in support of or in opposition to such motions.
Summary: For preliminary injunction motions, parties must submit exhibits, declarations, and affidavits with their legal memoranda.
Document Type
Preliminary Injunction Motion
Machine summary. Not checked yet.Mandatory?
Exhibits must be filed as attachments to the main document. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear pursuant to Sections 5.1 and 13.3 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.
Summary: Exhibits must be filed as attachments with clear titles in ECF.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
As set forth in Paragraph 2(D) of these Individual Practices and Sections 5.1 and 13.3 of the S.D.N.Y. Electronic Case Filing Rules and Instructions, exhibits must be filed as attachments to the main document, and each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear.
Summary: Exhibits must be filed as attachments with clear titles in ECF entry.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
iv. A brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted which are not to be tried. The summaries should not recite any evidentiary matter;
Summary: Non-pro se Joint Pretrial Order must include brief summaries of remaining claims/defenses with statutory citations, excluding evidentiary matter.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
O. In a Pro Se Case. Any pro se party that wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for ECF (available at https://nysd.uscourts.gov/sites/default/files/2019-04/2012-prosemotionecffiling-final.pdf and in the Pro Se Intake Unit). If the Court grants a motion to participate in “e-filing,” that party will not receive hard copies of any document filed electronically via ECF.
Summary: Pro se parties must file a motion for ECF permission to participate in e-filing; granted parties won't receive hard copies.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
to amend the Case Management Plan and Scheduling Order shall be accompanied by a letter identifying with particularity why “good cause” exists for such amendment. See Fed. R. Civ. P. 16(b)(4) (“A schedule may be modified only for good cause and with the judge’s consent.”). The letter must “describ[e] what discovery [the moving party] conducted in the time period originally scheduled and [whether] there are circumstances that were not foreseen at the time of the order sought to be modified.” Furry Puppet Studio Inc. v. Fall Out Boy, 2020 WL 4978080, at *1 (S.D.N.Y. Feb. 24, 2020). “The movant should also set forth the remaining discovery to be conducted, why it is important and could not have been conducted earlier, why the requested time (and not some lesser time) is necessary, how allowing additional time would contribute to ‘the just, speedy, and inexpensive determination’ of the matter, and any prejudice it would suffer if a modification is not made.” Id. (quoting Fed. R. Civ. P. 1). Parties should consult Furry Puppet Studio for further description of the “good cause” standard. As explained therein, the following factors do not provide a basis for relief: “carelessness, an attorney’s otherwise busy schedule, or a change in litigation strategy.” Id.
Summary: Motions to amend scheduling orders require a letter showing good cause with detailed discovery information and justification.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The Notice of Initial Pretrial Conference will direct the parties, inter alia, to jointly submit on ECF at least one week before the conference a proposed Case Management Plan and Scheduling Order, available on Judge Liman’s website
Summary: Parties must jointly submit Case Management Plan and Scheduling Order on ECF at least 1 week before Initial Pretrial Conference.
Document Type
Case Management Plan
Machine summary. Not checked yet.Mandatory?
A plaintiff seeking a default judgment must proceed by way of a Motion for Default Judgment pursuant to the procedure set forth in Local Civil Rules 55.1 and 55.2. A plaintiff seeking a default judgment should not proceed by order to show cause.
Summary: Default judgments must be filed as motions, not orders to show cause.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
Such letter shall include a certification that it has, in good faith, conferred or attempted to confer with the party failing to make disclosure or discovery pursuant to Federal Rule of Civil Procedure 37(a)(1).
Summary: Discovery letter-motion must include certification of good faith meet-and-confer attempt.
Document Type
Discovery Letter Motion
Machine summary. Not checked yet.Mandatory?
After two or more actions have been consolidated for all purposes under a single docket number pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and correspondence should be filed only in the docket under which the cases have been consolidated and should reference only that docket number.
Summary: Consolidated cases must use only the consolidated docket number.
Document Type
All
Machine summary. Not checked yet.Mandatory?
Memoranda of more than 10 pages shall contain a table of contents and table of authorities.
Summary: Memoranda over 10 pages must include table of contents and table of authorities.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
In a non-pro se case, the Order shall include the following: i. The full caption of the action, as the parties wish it to appear on all trial documents;
Summary: Non-pro se Joint Pretrial Order must include full caption as parties wish it to appear on all trial documents.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
The letter-motion should explain the nature of the dispute and set forth the efforts made to meet and confer and the reasons they were unsuccessful.
Summary: Pro se discovery letter-motion must explain dispute and detail unsuccessful meet-and-confer efforts.
Document Type
Discovery Letter Motion
Machine summary. Not checked yet.Mandatory?
Westlaw citations should be provided, if available, to cases not available in an official reporter. A party must provide a copy of any decision it cites that is not found in an official reporter or accompanied by a Westlaw citation.
Summary: Unofficial cases must include Westlaw citations and copies of decisions.
Document Type
All
Machine summary. Not checked yet.Mandatory?
i. Rule 56.1 Statements. Counsel for a party moving for summary judgment shall provide all other parties with an electronic copy, in word processing format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1. Counsel for opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it. The opposing party need not but may file its own additional Statement of Material Facts.
Summary: Moving party must provide electronic Rule 56.1 statement; opposing party must reproduce and respond to each entry.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Important?
If submission of electronic copies would unduly burden a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. Hard copies, if expressly permitted by the Court, shall consist of tabbed and indexed three-ring binders;
Summary: Electronic exhibit submission may be excused by Court leave, allowing hard copy in tabbed three-ring binders.
Document Type
Documentary Exhibits
Machine summary. Not checked yet.Note?
D. Motions for Summary Judgment. The deadline for the latest date to submit motions for summary judgment will be set at the Initial Pretrial Conference or at the Post-Discovery Status Conference.
Summary: Summary judgment motion deadline is set at Initial Pretrial Conference or Post-Discovery Status Conference.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Note?
C. Motions to Dismiss. Amendment as of right is permitted pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). If the plaintiff amends its pleading, absent objection by a defendant, the Court will deny the motion to dismiss as moot, without prior notice to the parties. The moving party may then (a) file an answer or (b) file a new motion to dismiss. In the event the moving party wishes to rely on its initially filed memorandum of law, the party may so indicate in its motion to dismiss the amended pleading and need not file the memorandum of law again.
Summary: If plaintiff amends pleading, motion to dismiss is denied as moot unless defendant objects; moving party may file answer or new motion.
Document Type
Motion To Dismiss
Machine summary. Not checked yet.Note?
To streamline the summary judgment briefing process, the Court strongly encourages the parties to negotiate and submit a Joint Rule 56.1 Statement setting out all facts as to which the parties agree.
Summary: Court strongly encourages parties to negotiate and submit a Joint Rule 56.1 Statement of agreed facts.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Note?
M. Oral Argument. Parties may request oral argument in their moving or opposing papers. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. The Court may sua sponte order parties to appear for oral argument on any motion.
Summary: Parties may request oral argument in their papers; Court will decide whether to grant and schedule it.
Document Type
Motion
Machine summary. Not checked yet.Note?
A pro se party moving for summary judgment is required to file with the Court a Statement of Material Facts Pursuant to Local Rule 56.1, but it need not be provided in word processing format, nor need it be provided to any other party.
Summary: Pro se parties must file Rule 56.1 statement but not in word processing format.
Document Type
Rule 56 1 Statement
Filing & Service rules
Courtesy Copy Requirements
Pretrial submissions require one courtesy hard copy and email in Word format (except in limine motions) to Chambers.
The Court’s practice is to enter an order scheduling a final pretrial conference and setting deadlines for the submission of proposed voir dire, proposed verdict forms, proposed requests to charge, and any motions in limine. At the time of filing, each party shall submit one courtesy hard copy of these materials to the Court. In addition, each party should email these materials, with the exception of in limine motions, in Microsoft Word format to the Court (LimanNYSD Chambers@nysd.uscourts.gov).
Machine summary. Not checked yet. · Criminal cases
Page 4 | A. Pretrial Submissions
Courtesy hard copies prohibited unless specifically ordered.
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless specifically ordered by the Court or otherwise permitted by these Individual Practices.
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Page 2 | Communications with Chambers
Courtesy copies are not required unless specifically directed by the Court.
L. Courtesy Copies. Do not send courtesy copies unless directed by the Court.
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Sealing & Redaction Procedures
Sealed or confidential letters may be emailed as PDF attachments.
Letters to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable .pdf attachment to the Court (LimanNYSDChambers@nysd.uscourts.gov) with a copy simultaneously delivered to all counsel.
Machine summary. Not checked yet. · Criminal cases
Page 2 | Communications with Chambers
File sealed document with redacted text highlighted, relate to letter-motion, keep docket summary public.
File the document under seal with the text sought to be redacted highlighted and visible (or otherwise prominently marked so that it is clear what is sought to be redacted). Electronically relate the sealed document to the letter-motion. The summary docket text will be open to public inspection and should not include confidential information sought to be redacted or filed under seal. The sealed document itself will not be viewable by the public.
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Page 16 | ATTACHMENT A
Letter-motion must explain reasons for redactions/sealing without including confidential info.
File a letter-motion in public view, explaining the particular reasons for seeking to file the document with redactions or under seal. A separate explanation must be provided for each and every portion of the document sought to be redacted (or for why the document in full should be maintained under seal). The letter-motion should not include confidential information sought to be redacted or filed under seal.
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Page 16 | ATTACHMENT A
Letter-motions for sealed filings must be filed electronically through ECF.
Letter-motions for approval of redacted or sealed filings and the subject documents, including the proposed sealed document(s), must be filed electronically through ECF in conformity with the Court's standing order, 19-mc-00583, and S.D.N.Y. Electronic Case Filing Rules and Instructions, Section 6.
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Page 16 | ATTACHMENT A
File redacted version on public docket, use placeholder if filing completely under seal.
File the document on the public docket with the confidential information redacted. If seeking to file the document completely under seal because there is a valid basis to overcome the presumption in favor of public access for the entire document, file a placeholder. Electronically relate the document to the letter-motion.
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Page 16 | ATTACHMENT A
All redactions except those under FRCP 5.2 require court approval.
All redactions other than those under Federal Rule of Civil Procedure 5.2 require Court approval. The Court will review each proposed redaction individually.
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Page 16 | ATTACHMENT A
Letter-motion must indicate confidential information from another party and may request 1-week delay.
If a party seeks to file a document with redactions or under seal because the document contains information marked confidential by another party, the letter-motion filed in Step 1 must so indicate and may request that the Court not rule on the letter-motion for one week.
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Failure to file letter within 1 week constitutes grounds for unsealing.
Failure by the Producing Party to file a letter within one week will constitute grounds for unsealing.
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Filing party must re-file document with redactions consistent with producing party's proposal if approved.
If the Court approves the Producing Party’s redactions, the filing party will be ordered to re-file the document with redactions consistent with those proposed by the Producing Party.
Machine summary. Not checked yet.
Parties must move for leave to file by other means if unable to comply with ECF sealing requirements.
Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file by other means.
Machine summary. Not checked yet.
Filing party must meet and confer with producing party; if producing party doesn't object, filing party must inform court within 1 week.
The filing party must meet and confer with the party who produced the confidential information (the “Producing Party”). If the Producing Party does not seek to keep that information redacted or under seal, the filing party must so inform the Court by letter to be filed within one week of the letter-motion.
Machine summary. Not checked yet.
Producing party must file letter-motion in public and under seal within 1 week, with redacted and highlighted versions.
If the Producing Party seeks continued redaction or sealing of any materials, the Producing Party shall within one week: i. File a letter-motion in public view, explaining the particular reasons for seeking to keep the document with redactions or under seal, and attach as an exhibit the document with the confidential information redacted. ii. File the same letter under seal and attach as an exhibit the document with the requested redactions highlighted and visible (or otherwise prominently marked so that it is clear what is sought to be redacted).
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Redactions must be narrowly tailored and consistent with public access presumption.
To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.
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Page 16 | ATTACHMENT A
Filing Bundling Requirements
Motion papers must be filed promptly after service without a return date.
Motion papers shall be filed promptly after service. They should not include a return date.
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Pre-Motion Conference Requirements
Opposing parties must respond to non-consented letter-motions within 2 business days.
If a letter-motion has consent of all opposing parties, the letter-motion should prominently so indicate. If it does not, any opposing party should submit a letter setting forth its position not later than two business days after the initial letter-motion is filed.
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Page 3 | Letters
Court reporter not present at Initial Pretrial Conferences unless requested via letter-motion 1 week before.
As a general matter, a court reporter will not be present for Initial Pretrial Conferences unless a party requests one via letter-motion no later than one week before the date of the conference.
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Initial Pretrial Conferences are via teleconference unless Court directs otherwise; in-person requests must be made 1 week before.
All Initial Pretrial Conferences will be held via teleconference unless the Court directs otherwise. Parties may request an in-person Initial Pretrial Conference by submitting a letter-motion in accordance with Paragraph 1(C) no later than one week before the date of the conference.
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Discovery disputes require good faith meet-and-confer attempt before filing 3-page single-spaced letter-motion on ECF.
Any party wishing to raise a discovery dispute with the Court must first attempt to confer in good faith with the opposing party, in person or by telephone, to try and resolve the dispute. If, after attempting to meet and confer, the dispute has not been resolved, any party may file a letter-motion on ECF, no longer than three single-spaced pages, explaining the nature of the dispute and the relief requested.
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Pro se discovery disputes may be resolved via informal conference if meet-and-confer fails or non-moving party unavailable.
If the parties are unable to resolve the dispute, or if, after attempting to meet and confer, the non-moving party is unavailable to meet and confer, the moving party may file a letter-motion requesting an informal conference.
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Pre-motion letters and conferences are not required unless ordered by the Court.
Absent order of the Court, neither pre-motion letters nor pre-motion conferences are required.
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Court sets date for Joint Pretrial Order at Initial Pretrial Conference or Post-Discovery Status Conference.
The Court will set a date for the Joint Pretrial Order at the Initial Pretrial Conference or at the Post-Discovery Status Conference.
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Adjournment & Extension Requirements
Extension/adjournment requests require 48-hour advance notice (except emergencies).
Any request for extension or adjournment should be made as early as possible and, absent an emergency, should be made at least 48 hours prior to the deadline, scheduled appearance, or scheduled proceeding.
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Page 2 | Communications with Chambers
Adjournment/extension requests must be made at least 2 business days in advance.
Any request should be made at least two business days prior to the deadline or scheduled appearance.
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Page 3 | Requests for Adjournments or Extensions of Time
Extension requests for magistrate judge matters must be directed to that magistrate judge.
Requests for extensions of deadlines regarding a matter that has been referred to a magistrate judge shall be directed to that magistrate judge.
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Page 3 | Requests for Adjournments or Extensions of Time
Adjournment/extension requests must include specific information in letter-motion format.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, and should state: (1) the original date(s); (2) the number of previous requests for adjournment or extensions of time; (3) whether these previous requests were granted or denied; (4) whether the opposing parties consent, and, if not, the reasons given by the opposing parties for refusing to consent; and (5) the date of the parties’ next scheduled appearance before the Court.
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Page 3 | Requests for Adjournments or Extensions of Time
Default deadline extensions require stipulation submitted 2 business days before due date.
Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.
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Counsel must be available to meet and confer within 48 hours of request; failure to do so allows moving party to file letter-motion.
Counsel is expected to be available to meet and confer within 48 hours of receiving a request from the initiating party. If counsel for the non-moving party fails to meet and confer within 48 hours of a request, then counsel for the moving party will be deemed to have satisfied the obligation to attempt in good faith to meet and confer and may file the letter on ECF referred to in the paragraph above.
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Rescheduling Initial Pretrial Conference requires 2 business days notice via letter-motion with 3 alternative times.
must alert the Court via letter-motion two business days in advance of the scheduled time if the conference needs rescheduling. Such letter-motion should include three proposed alternative times.
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Extension requests after deadline expiration are ordinarily denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadlines.
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Page 2 | Communications with Chambers
Sentencing adjournment requests must be made at least 72 hours before proceeding; late requests viewed with disfavor.
Any request for an adjournment of a sentencing should be made as early as possible and should be made no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 2(C) above. Requests made fewer than 72 hours before the sentencing proceeding will be viewed with disfavor.
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Page 4 | A. Sentencing Adjournments
Opposition to extension/adjournment requests may file reply within 2 business days.
Any party opposing the request may file a short reply within two business days in accordance with Paragraph 3(A).
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Page 2 | Communications with Chambers
Parties can extend Local Civil Rule 6.1 deadlines by agreement disclosed to the Court.
The parties may extend the deadlines set forth in Local Civil Rule 6.1 by an agreed-upon schedule, which, unless the Court orders otherwise, shall govern as long as such schedule is disclosed to the Court in a letter or
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Chambers Communication Rules
24-hour advance email required for permission to bring non-personal electronic devices.
Any attorney seeking to bring such equipment into the courthouse must email a proposed order to Chambers (LimanNYSDChambers@nysd.uscourts.gov) at least 24 hours in advance of the relevant trial or hearing requesting permission to use such equipment.
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Page 1 | Policy on Use of Electronic Devices
Substitution of counsel requires scheduling conference with Courtroom Deputy; defendant, replacement counsel, and AUSA must attend.
When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the AUSA must also attend the conference.
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Page 3 | C. Substitution of Counsel
Faxes to chambers require prior permission.
Faxes to Chambers are not permitted without prior permission.
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Page 3 | Communications with Chambers
Pro se parties must contact Pro Se Intake Unit for questions, not the Court directly.
Any questions should be directed to the Pro Se Intake Unit at (212) 805-0175; pro se parties may not call the Court directly except as provided in Paragraph 1(E).
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Page 4 | Communications by a Pro Se Party
Hand deliveries must be left with Court Security Officers at Worth Street entrance.
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers.
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Page 4 | Hand Deliveries
Hand deliveries require advance permission.
Nothing may be hand delivered absent advanced permission.
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Page 4 | Hand Deliveries
Urgent submissions require phone and email notification to Chambers with specific information.
As a general matter, the Court reviews materials filed via ECF at the latest on the business day after they have been filed. If a submission requires immediate attention, please notify Chambers by telephone and by email after filing it on ECF. The email should include (1) the word “URGENT” in the subject line; (2) the case name and case number; (3) a brief description of the nature of the urgent issue; and (4) a telephone number at which the party (and any other relevant parties) can be reached.
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Page 4 | Urgent Communications
Pro se parties cannot send documents directly to Chambers or copies of correspondence to Court.
No documents or court filings should be sent directly to Chambers. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court.
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Page 4 | Communications by a Pro Se Party
Pro se parties must communicate with Pro Se Intake Unit unless approved for ECF filing.
Unless a pro se party is approved for ECF filing pursuant to Paragraph 2(O), all communications with the Court by a pro se party must be sent to the Pro Se Intake Unit at the following mailing address: Pro Se Intake Unit Daniel Patrick Moynihan United States District Courthouse 500 Pearl Street New York, NY 10007
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Page 4 | Communications by a Pro Se Party
Civil conferences are held by telephone using specific conference line and ID.
Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. The parties should call the Court’s dedicated conference line at 646-453-4442 and enter the conference ID 358639322, followed by the pound (#) key.
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Non-e-filing pro se parties must send all papers to the Pro Se Intake Unit at the Moynihan Courthouse.
In the event that a pro se party is not participating in e-filing, and notwithstanding anything in the foregoing Individual Practices to the contrary, all papers to be filed with the Court by a pro se party shall be sent to the Pro Se Intake Unit at the following mailing address: Pro Se Intake Unit Daniel Patrick Moynihan United States District Courthouse 500 Pearl Street New York, NY 10007
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Hand delivery of documents requires advance permission.
As noted above, parties should not hand-deliver any documents without advance permission.
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TRO applications must be emailed to Chambers with specific requirements.
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable .pdf format) to Chambers by email. The email should also include (1) the word “URGENT” in the subject line; (2) a telephone number at which the party (and any other relevant parties) can be reached; and (3) the relevant parties’ available for a teleconference in the next few days.
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All parties except pro se must notify others that conference is telephonic.
With the sole exception of pro se litigants, each party is responsible for ensuring that every other party is aware that the conference will proceed telephonically.
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Mobile phones must be turned off in courtroom; non-compliance may result in sanctions.
Mobile phones are permitted inside the courtroom, but they must be kept turned off at all times. Non-compliance with this rule may result in sanctions including forfeiture of the device for the remainder of the proceedings.
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Page 1 | Policy on Use of Electronic Devices
Telephone calls to Chambers limited to urgent matters not addressed by court orders or rules.
Except as set forth elsewhere in these Individual Practices, telephone calls to Chambers should be reserved only for urgent matters requiring immediate attention that cannot be answered by reference to the Court’s prior orders in the case, these Individual Practices, the S.D.N.Y. Local Rules, or the Federal Rules of Civil Procedure.
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Page 4 | Telephone Calls
Urgent hand deliveries require notification to Chambers staff through Court Security Officers.
If the hand-delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.
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Page 4 | Hand Deliveries
Pro se communications docketed upon receipt constitute service on ECF users.
Unless the Court orders otherwise, all communications with the Court by a pro se party will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system.
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Page 4 | Communications by a Pro Se Party
For large electronic files, email the Court to request a file transfer link, including case name, docket number, and file details.
N. Submission of Large Electronic Files. The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at LimanNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case and the nature and size of the materials to be submitted electronically.
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Represented parties must notify pro se parties of conference changes; no notification required if all parties are pro se.
If there is a combination of represented and pro se parties, the represented parties shall take responsibility to notify any pro se parties. If all parties are pro se, there is no responsibility for any party to notify another.
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Non-e-filing pro se parties may also deliver papers in person to the Pro Se Intake Unit at the Thurgood Marshall Courthouse.
or delivered in person to the Pro Se Intake unit at the following physical address: Pro Se Intake Unit Thurgood Marshall United States District Courthouse, Room 105 40 Foley Square New York, NY 10007.
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Junior Lawyer Participation Incentives
Court encourages junior attorney participation in all proceedings where they contributed substantially.
The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness.
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Page 15 | 6. Participation by Junior Attorneys, Generally