Judge Loretta A. Preska
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
General Purpose Computing Device Order
- Chambers • At Least 5 Days Before Trial
Adjournments
- Adjournment/extension requests require 48-hour advance notice (except emergencies).
- Adjournment/extension requests must include original date, previous request history, and adversary consent status.
Request must include
Communication
Chambers
Letter via ECF
Chambers
Letter via fax
Chambers
Page & Word Limits3 rules
Machine summary. Not checked yet.Mandatory?
If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, the moving and non-moving parties’ letters may not exceed 3 pages, and a reply letter may not exceed 2 pages.
Summary: Pro se pre-motion letters limited to 3 pages (moving/non-moving) and 2 pages (reply) if handwritten/typewritten.
3 pages
Applies to: Pro Se
3 pages
Applies to: Pro Se
Reply
2 pages
Applies to: Pro Se
Reply
2 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 7,000 words, and reply memoranda are limited to 3,500 words.
Summary: Motion memoranda limited to 7,000 words (support/opposition) and 3,500 words (reply).
7,000 words
Applies to: Attorney
Reply
3,500 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 20 pages, and reply briefs may not exceed 10 pages.
Summary: Pro se motion briefs limited to 20 pages (support/opposition) and 10 pages (reply) if handwritten/typewritten.
20 pages
Applies to: Pro Se
20 pages
Applies to: Pro Se
Reply
10 pages
Applies to: Pro Se
Reply
10 pages
Applies to: Pro Se
Document Format Requirements2 rules
Machine summary. Not checked yet.Mandatory?
Letters shall be in at least 14-point type, both text and footnotes.
Summary: Letters must be in at least 14-point type.
Machine summary. Not checked yet.Mandatory?
Memoranda shall be in at least 12-point type, both text and footnotes.
Summary: Memoranda must be in at least 12-point type.
Document Filing Requirements5 rules
Machine summary. Not checked yet.Mandatory?
proposed Revised Scheduling Order (reflecting only business days) must be attached.
Summary: Revised Scheduling Order reflecting business days must be attached to adjournment requests.
Document Type
Adjournment Request
Machine summary. Not checked yet.Mandatory?
Memoranda of 3,500 words or more shall contain a table of contents and table of authorities.
Summary: Memoranda of 3,500+ words require table of contents and table of authorities.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
For motions for default judgment, follow Local Civil Rules 55.1 and 55.2. The moving party shall also provide to the Court a proposed Order to Show Cause.
Summary: Motions for default judgment require proposed Order to Show Cause
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.
Summary: Oral argument requests must be made by letter when filing papers
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
A defendant's sentencing submission shall be served two weeks in advance of the date set for sentence. The government's sentencing submission shall be served one week in advance of the date set for sentence.
Summary: Defendant must serve sentencing submission 2 weeks before sentencing; government must serve 1 week before.
Document Type
Sentencing Submission
Filing & Service rules
Courtesy Copy Requirements
Device orders must be submitted to chambers at least 5 days before trial.
All General Purpose Computing Device Orders (for cellphones, laptops, and BlackBerrys) should be submitted to chambers at least five days prior to trial.
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Page 5 | Sentencing Proceedings
Sealing & Redaction Procedures
Sealed/redacted documents must be submitted by hand delivery or email to chambers
The proposed sealed/redacted document, a copy of the motion to seal, and any supporting papers must be contemporaneously submitted to the Court by hand delivery or emailed to chambers (outside the ECF system) at PreskaNYSDChambers@nysd.uscourts.gov
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Page 3 | Traditional Filing Under Seal in Civil and Miscellaneous Cases
Supporting papers must be filed electronically, may be sealed/redacted as needed
Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
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Page 3 | Traditional Filing Under Seal in Civil and Miscellaneous Cases
Redacted documents must be filed in public view on ECF system
Where the motion to seal seeks permission to redact information from a document, the filing party shall contemporaneously file the redacted document in public view in the ECF system.
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Page 3 | Traditional Filing Under Seal in Civil and Miscellaneous Cases
Motion to seal must be filed publicly with reasons, without confidential info
The motion to seal must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal.
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Page 3 | Traditional Filing Under Seal in Civil and Miscellaneous Cases
Redacted pages must be filed under seal; send redacted copy to chambers and hand up at sentencing.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. A copy of the redacted material should be sent to chambers and also an additional copy should be handed up at the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials.
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Page 5 | Sentencing Proceedings
Application required for redactions beyond 11 Privacy Policy categories.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so shall be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction.
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Page 6 | Sentencing Proceedings
Pre-Motion Conference Requirements
Pre-motion conference required for most motions except specified exceptions.
For motions other than discovery motions, a pre-motion conference with the Court is required before making any motion, except: motions by incarcerated pro se litigants; applications for temporary restraining orders; applications for injunctions; motions to dismiss in lieu of answer; motions to remand; motions for reargument; motions described in Federal Rule of Appellate Procedure 4(a)(4)(A); applications for attorneys’ fees; motions for reduction of sentences; objections to a Magistrate Judge’s ruling; petitions to compel arbitration or to confirm or modify awards; motions brought on by order to show cause; motions for admission pro hac vice; and motions pursuant to Section 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 to consolidate and for appointment of lead counsel.
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Page 2 | Motions & Pleadings
Pre-motion letters limited to 1,050 words (moving/non-moving) and 700 words (reply), with 3 business day response time.
To arrange a pre-motion conference, the moving party shall submit a letter not to exceed 1,050 words setting forth the basis for the anticipated motion. Whereupon, the non-moving party shall, within 3 business days, submit a letter not to exceed 1,050 words setting forth its position with respect to the anticipated motion. The moving party is permitted to submit a reply letter not to exceed 700 words within 1 business day.
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Page 2 | Motions & Pleadings
Adjournment & Extension Requirements
Adjournment/extension requests require 48-hour advance notice (except emergencies).
Absent an emergency, requests for adjournments or extensions of time shall be made at least 48 hours prior to the scheduled deadline.
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Page 1 | Communications with Chambers
Adjournment/extension requests must include original date, previous request history, and adversary consent status.
All requests for adjournments or extensions of time must state: (1) the original date; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
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Page 1 | Communications with Chambers
Chambers Communication Rules
Faxes to chambers are prohibited.
Faxes to chambers are not permitted.
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Page 1 | Communications with Chambers
Letters must be filed on ECF except for sealed, confidential, or pro se letters which go by mail/fax with counsel copies.
All letters shall be filed electronically on ECF subject to the exceptions in the next sentence. Exceptions: (1) letters filed under seal or requesting sealing; (2) letters containing sensitive or confidential information; (3) letters submitted by pro se parties. All letters falling into the aforementioned exceptions shall be sent to chambers by mail or fax (in accordance with Practice 1.C, infra) with copies simultaneously delivered to all counsel.
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Page 1 | Communications with Chambers
Email Courtroom Deputy for scheduling and calendar matters.
For docketing, scheduling, and calendar matters, email the Courtroom Deputy at: PreskaNYSDChambers@nysd.uscourts.gov
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Page 1 | Communications with Chambers
Junior Lawyer Participation Incentives
Counsel can notify court in advance if junior lawyer will argue
Counsel may inform the Court in advance in the letter requesting oral argument that a junior lawyer is scheduled to argue all or part of a matter.
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Page 3 | Court Appearances
Court encourages junior lawyers to argue and may allow multiple lawyers to argue
The Court encourages senior lawyers to allow junior lawyers the opportunity to argue in court, whether at a conference, hearing, trial, or otherwise. Indeed, the Court prefers that the lawyer most familiar with an issue argue it in court, regardless of seniority. The Court may permit more than one lawyer to argue for a party where doing so would create the opportunity for a junior lawyer to argue.
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Page 3 | Court Appearances