Judge Margaret M. Garnett
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Mail Or Hand Delivery • With Reply Or Asap
Courtesy copies
- Hand Delivery
Letter
- Not required
Pro Se filings
- Not required
Adjournments
- Motions to amend pleadings or join parties must be filed within 30 days of the Initial Pretrial Conference.
- Initial document requests must be served within 30 days of the Initial Pretrial Conference.
- Interrogatories must be served within 30 days of the Initial Pretrial Conference.
- +3 more
- Initial disclosures must be completed within 14 days of the Initial Pretrial Conference.
- Defendant has 14 days after amended complaint to answer, file new motion to dismiss, or rely on previous motion.
- Rule 33.3(a) interrogatories must be served by a specific date, but not for disclosures already required by Rule 26(a).
- Depositions must be completed by the close of fact discovery date.
- Depositions cannot begin until all parties have responded to initial document requests.
- +13 more
Request must include
- Settlement and discovery proceed simultaneously; deadline extensions require written application 2 business days before deadline.
- Adjournment/extension requests require 2 business days advance notice (except emergencies)
- Adjournment requests require 2 business days notice unless emergency, then email Chambers after ECF filing
- Other parties must respond to summary judgment pre-motion letter within one week.
- Sentencing adjournment requests must be ECF letter-motions filed 3 business days before proceeding, stating reason and opposing counsel's consent.
Communication
Chambers
Phone
Chambers
Letter via fax
Chambers
Letter via ECF
Chambers
Letter via ECF
Adversary
Court Order
Court
Page & Word Limits9 rules
Machine summary. Not checked yet.Mandatory?
Letters may not exceed three pages in length (single-spaced, with standard font and margins) without prior permission from Chambers.
Summary: Letters limited to 3 pages single-spaced without prior permission.
3 pages
Machine summary. Not checked yet.Mandatory?
If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages (single-spaced, with standard font and margins).
Summary: Responsive letters to discovery disputes limited to 3 pages, single-spaced
Responsive Letter
3 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 may not exceed 8,750 words, and reply memoranda may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes.
Summary: Memoranda of law limited to 8,750 words (support/opposition) and 3,500 words (reply), excluding certain sections but including footnotes.
Memorandum Of Law Support
8,750 words
Applies to: Attorney
Memorandum Of Law Opposition
8,750 words
Applies to: Attorney
Reply Memorandum
3,500 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law must conform to Local Civil Rule 7.1. Specifically, memoranda of law in support of and in opposition to motions may not exceed 8,750 words, and reply memoranda may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word-count limitations. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document.
Summary: Word limits: 8,750 (opening/opposition), 3,500 (reply); certificate required for computer-generated briefs.
Opening Or Opposition
8,750 words
Applies to: Attorney
Reply
3,500 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages (single-spaced, with standard font and margins) and in accordance with Rule III(B)(2) above, explaining the nature of the dispute and requesting an informal conference.
Summary: Discovery disputes unresolved by conference may be filed as 3-page letter-motion
Letter Motion
3 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue.
Summary: Pre-motion letter for summary judgment limited to 3 single-spaced pages.
Pre Motion Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If the defendant chooses to file a supplemental motion to dismiss, it must be filed using the Motion to Dismiss ECF filing event and may incorporate by reference any portions of the briefing, declarations, or exhibits filed with its original motion to dismiss. Any such supplemental briefing may not exceed five double-spaced pages.
Summary: Supplemental motion to dismiss must use ECF event and be limited to 5 double-spaced pages.
Supplemental Motion To Dismiss
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Briefs filed by a party who is not represented by an attorney, or are handwritten or prepared with a typewriter, may not exceed 25 pages if filed in support of or in opposition to a motion and may not exceed 10 pages if filed on reply.
Summary: Pro se/typewritten briefs: 25 pages (opening/opposition), 10 pages (reply).
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Important?
In most civil cases, the Court will impose time limits on both sides at the final prehearing or pretrial conference. The parties should be prepared to address the issue of time limits at the final prehearing or pretrial conference.
Summary: Time limits will be imposed at final prehearing/pretrial conference in most civil cases.
Document Format Requirements17 rules
Machine summary. Not checked yet.Mandatory?
General Guidelines for All Submissions. ........................................................................ 3
Summary: All submissions must be filed on ECF and text-searchable
Machine summary. Not checked yet.Mandatory?
Letters must be filed electronically on ECF. Letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters. Letters may not exceed three pages in length (single-spaced, with standard font and margins) without prior permission from Chambers.
Summary: Letters must be filed on ECF as letter-motions, max 3 pages single-spaced without permission.
Machine summary. Not checked yet.Mandatory?
If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they must be kept silent (i.e., no notification sounds or vibrations) at all times. Absent permission from the Court, counsel may not use their phones at counsel tables during proceedings. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.
Summary: Mobile phones must be silent in courtroom; no use at counsel tables without permission.
Machine summary. Not checked yet.Mandatory?
Devices may not be used to record or transmit any Court proceeding, and photographs or video recordings are not permitted.
Summary: Recording, transmitting, photographing, or video recording court proceedings is prohibited.
Machine summary. Not checked yet.Mandatory?
Counsel who will be speaking should have their video cameras on throughout the proceeding but should remain muted unless actively speaking. Counsel in attendance who will not be speaking must have their videos off and be muted for the duration of the conference.
Summary: Speaking counsel must have video on and be unmuted when speaking; non-speaking counsel must have video off and remain muted.
Machine summary. Not checked yet.Mandatory?
The broadcasting or recording of any court conference is prohibited by law.
Summary: Broadcasting or recording court conferences is prohibited by law.
Machine summary. Not checked yet.Mandatory?
If counsel joins the Remote Conference by audio-only, counsel should dial-in using a landline whenever possible, should use a headset or handset instead of speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise. To facilitate the creation of an accurate transcript if the conference is held on the record, counsel who are joining the conference audio-only are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another.
Summary: Audio-only participants must use landline, headset, mute when not speaking, identify themselves, spell names, and avoid interruptions.
Machine summary. Not checked yet.Mandatory?
Briefs should be printed single-sided and stapled in the upper-left corner. If there are any exhibits or supplemental materials filed with that brief, the brief shall be placed in the front left pocket of a three-ring binder containing those materials, as described below;
Summary: Briefs: single-sided, stapled upper-left; exhibits in three-ring binder.
Machine summary. Not checked yet.Mandatory?
Binder tabs should either (a) identify the tabbed document by title (e.g., “Affidavit of Jane Doe”), or (b) be numbered, as long as a corresponding table of contents is included as the front page of the binder;
Summary: Binder tabs must identify documents by title or be numbered with a table of contents.
Machine summary. Not checked yet.Mandatory?
A pro se party may file papers with the Court by: (a) mailing or delivering them in person to the Pro Se Office (address listed above); (b) emailing them as an attachment in PDF format to Temporary_Pro_Se_Filing@nysd.uscourts.gov, in which case the pro se party should follow the instructions contained in the April 1, 2020 Addendum to the Court’s ECF Rules & Instructions; or (c) filing them on the electronic case filing system (“ECF”), if the pro se party has filed a motion to participate in ECF that has been granted by the Court.
Summary: Pro se parties can file papers via mail, email (PDF), or ECF (if granted)
Machine summary. Not checked yet.Mandatory?
Do not VeloBind or binder clip any courtesy copies submitted to the Court.
Summary: VeloBind and binder clips are prohibited for courtesy copies.
Machine summary. Not checked yet.Mandatory?
Binders should include cover and spine sheets that clearly identify the full case name and the documents included within (e.g., “Plaintiff’s Opposition to Defendants’ Motion to Dismiss”);
Summary: Binder covers must clearly identify the case name and documents included.
Machine summary. Not checked yet.Mandatory?
All written submissions and supporting materials must be text-searchable to the extent practicable.
Summary: All written submissions and supporting materials must be text-searchable
Machine summary. Not checked yet.Mandatory?
All memoranda of law shall be formatted with one-inch margins and double-spaced. All memoranda of law shall be in twelve-point font or larger, double spaced, and text-searchable.
Summary: Memoranda of law must have one-inch margins, double-spacing, 12-point font or larger, and be text-searchable.
Machine summary. Not checked yet.Mandatory?
In the three-ring binder, any affidavits, declarations, exhibits, or other motion papers filed with that brief should be printed double-sided, three-hole-punched, placed in the binder, and separated by binder tabs;
Summary: Motion papers in three-ring binders must be double-sided, three-hole-punched, and separated by tabs.
Machine summary. Not checked yet.Mandatory?
All memoranda of law shall be formatted with one-inch margins and double-spaced. All text must be in 12-point font or larger. Memoranda of 10 pages or more shall contain a table of contents and table of authorities.
Summary: Memoranda: 1-inch margins, double-spaced, 12-pt font, TOC/TOA for 10+ pages.
Machine summary. Not checked yet.Mandatory?
Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1 as to
Summary: Moving party must provide electronic copy of 56.1 statement in Microsoft Word format.
DOCX
Document Filing Requirements75 rules
Machine summary. Not checked yet.Mandatory?
For notices of intent to file an information or a Title III application, the AUSA and the presiding Magistrate Judge shall follow the same procedure: noting the recusal in the appropriate box on the cover sheet and promptly assigning the matter to another judge if Judge Garnett’s name is drawn from the relevant wheel in a recused matter.
Summary: Note recusal on cover sheet for Title III applications; re-assign if Judge Garnett drawn.
Document Type
Title Iii Application
Machine summary. Not checked yet.Mandatory?
When an AUSA is requesting the unsealing of a previously-filed sealed indictment, the requesting AUSA must indicate in the letter or motion requesting unsealing and in the proposed unsealing order: (i) that he or she has reviewed these rules and the relevant records of the U.S. Attorney’s Office and (ii) whether, pursuant to those rules and records, Judge Garnett is recused.
Summary: AUSA must certify review of rules and records when requesting unsealing of sealed indictments.
Document Type
Motion To Unseal
Machine summary. Not checked yet.Mandatory?
AUSAs handling criminal matters shall consult the records and files of the U.S. Attorney’s Office to determine whether the matter, warrant application, or case falls within the recusal parameters set forth above.
Summary: AUSAs must consult USAO records to determine recusal applicability.
Document Type
Criminal Information Designation Form
Machine summary. Not checked yet.Mandatory?
If, upon unsealing, Judge Garnett’s name is drawn from the wheel in a recused matter, the presiding Magistrate Judge is directed to note the selection and recusal and promptly draw another card from the wheel.
Summary: Magistrate must re-draw if Judge Garnett’s name drawn in recused matter after unsealing.
Document Type
Motion To Unseal
Machine summary. Not checked yet.Mandatory?
Judge Garnett served as the Deputy United States Attorney in the Southern District of New York from November 29, 2021, until May 12, 2023, and Special Counsel to the United States Attorney from May 12, 2023, until December 15, 2023. In that capacity, she had supervisory authority and/or confidential information regarding all investigations and cases pending in the Criminal Division during those time periods. Accordingly, Judge Garnett has decided to recuse from any criminal matter, including both charged cases and matters assigned through the Court’s miscellaneous assignment and Title III warrant application processes that relates to criminal investigations or cases, that was initiated or pending in the U.S. Attorney’s Office prior to December 15, 2023.
Summary: Judge Garnett recuses from criminal matters initiated or pending in USAO before December 15, 2023.
Document Type
Criminal Information Designation Form
Machine summary. Not checked yet.Mandatory?
For indicted cases, the AUSA shall indicate in the appropriate place on the Criminal Information & Designation Form whether, pursuant to these rules, Judge Garnett is recused from the case. If Judge Garnett’s name is drawn from the wheel in a recused matter, the presiding Magistrate Judge is directed to note the selection and recusal and promptly draw another card from the wheel.
Summary: Indicate recusal on Criminal Information & Designation Form; Magistrate must re-draw if recused.
Document Type
Criminal Information Designation Form
Machine summary. Not checked yet.Mandatory?
Judge Garnett served as the Deputy United States Attorney in the Southern District of New York from November 29, 2021, until May 12, 2023, and Special Counsel to the United States Attorney from May 12, 2023, until December 15, 2023. In that capacity, she had supervisory authority and/or confidential information regarding all matters pending in the Civil Division during the first time period, and had personal involvement and/or confidential information on a small number of particular Civil Division matters during the second time period. Accordingly, Judge Garnett has decided to recuse from any civil matter that was initiated by or pending in the U.S. Attorney’s Office on or prior to May 12, 2023; Judge Garnett will also recuse from any civil matter as to which she had personal involvement or confidential information between May 12, 2023, and December 15, 2023; and, finally, Judge Garnett will recuse from any civil matter that derives from or relates to a criminal matter that was initiated or pending in the U.S. Attorney’s Office on or prior to December 15, 2023.
Summary: Judge Garnett recuses from civil matters initiated/pending before May 12, 2023, or with personal involvement 5/12/23-12/15/23, or relating to criminal matters before 12/15/23.
Document Type
Civil Case
Machine summary. Not checked yet.Mandatory?
AUSAs handling civil matters shall consult the records and files of the U.S. Attorney’s Office to determine whether the matter or case falls within the recusal parameters set forth above.
Summary: AUSAs must consult USAO records to determine recusal applicability in civil matters.
Document Type
Civil Case
Machine summary. Not checked yet.Mandatory?
Prior to any appearance before, or application made to, Judge Garnett in any civil matter in which the United States Attorney represents a party—or in any event, no later than ten (10) calendar days from the assignment of any such matter to Judge Garnett—the AUSA handling the matter shall file a letter on the docket indicating whether, based on the records of the U.S. Attorney’s Office, the matter falls within the recusal parameters set forth above. Judge Garnett will promptly determine whether recusal is required, notify all parties, and, if necessary, request the Clerk of Court to randomly re-assign the matter to another judge.
Summary: AUSA must file recusal letter within 10 days of assignment; Judge will re-assign if necessary.
Document Type
Civil Case
Machine summary. Not checked yet.Mandatory?
Rule 56.1 Statements. ........................................................................................... 11
Summary: Rule 56.1 statements required with summary judgment motions
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit a copy of the Electronic Devices General Purpose Form, available at https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose, to the Court by e-mail at least three business days prior to the relevant trial or hearing. Untimely requests may be denied on that basis alone.
Summary: Electronic device form must be submitted by email at least 3 business days before trial/hearing.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The attorney who will serve as principal trial counsel must appear at all conferences with the Court.
Summary: Principal trial counsel must appear at all conferences with the Court.
Document Type
Conference Attendance
Machine summary. Not checked yet.Mandatory?
At least one business day before a scheduled Remote Conference, the parties must jointly email to the Court a list of counsel—absent permission of the Court, no more than two per party—who may speak during the Remote Conference.
Summary: Parties must email list of up to 2 speaking counsel per party at least 1 business day before remote conference.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The motion must be supported by the following papers: i. An attorney's affidavit or declaration setting forth: a) The basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; b) The procedural history beyond service of the summons and complaint, if any; c) Whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to the resolution of the entire action; d) The proposed damages and the basis for each element of damages, including interest, attorneys' fees, and costs; and e) Legal authority for why an inquest into damages would be unnecessary;
Summary: Motion for default judgment requires attorney affidavit with specific content.
Document Type
Motion For Default Judgment
Machine summary. Not checked yet.Mandatory?
A plaintiff seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Fed. R. Civ. P. 55(b)(2) and Local Civil Rule 55.2(b). A plaintiff seeking a default judgment should not proceed by Order to Show Cause.
Summary: Default judgment must be filed as motion, not Order to Show Cause.
Document Type
Motion For Default Judgment
Machine summary. Not checked yet.Mandatory?
In accordance with the S.D.N.Y. Local Rules and the Electronic Case Filing Rules and Instructions, parties should file on ECF all proposed stipulations and orders that they wish the Court to sign, using the appropriate ECF filing event. See S.D.N.Y. ECF Rules & Instructions §§ 13.17-19 & App'x A. As noted in Rule I(B)(5), supra, requests for extensions and adjournments should be made by letter-motion, not by proposed stipulation or proposed order.
Summary: Proposed stipulations/orders filed on ECF; extensions by letter-motion.
Document Type
Proposed Stipulation Or Order
Machine summary. Not checked yet.Mandatory?
At the initial pretrial conference and all conferences thereafter, the Government shall be prepared to address its ongoing duty to comply with its obligations to timely disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including as set forth in the standing order pursuant to Fed. R. Crim. P. 5(f).
Summary: Government must be prepared to address Brady disclosure obligations at all pretrial conferences.
Document Type
Pretrial Conference
Machine summary. Not checked yet.Mandatory?
Except for submissions requested to be filed under seal, every document in a sentencing submission, including letters, must be filed on ECF.
Summary: Sentencing submissions must be filed on ECF unless sealed.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
The Government’s sentencing submission shall be filed one week in advance of the date set for sentence.
Summary: Government must file sentencing submission one week before sentencing date.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
On a schedule ordered by the Court, the parties shall file on ECF a proposed Joint Pretrial Order that includes the information required by Fed. R. Civ. P. 26(a)(3) and the following information:
Summary: Parties must file Joint Pretrial Order on ECF per court schedule.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A statement of each element of damages and, except for intangible damages (e.g., pain and suffering, mental anguish, or loss of consortium), the manner and method used to calculate any claimed damages, and a breakdown of the elements of such claimed damages;
Summary: Detailed damages statement required with calculation method for tangible damages.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
In addition to a designation list, the parties shall provide the complete deposition transcripts with color-coded highlighting indicating the portions designated by each party and the objections listed in the margins.
Summary: Complete deposition transcripts with color-coded highlighting required with designation list.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Absent leave of the Court, each party must file a single memorandum of law in support of all motions in limine filed by that party.
Summary: Single memorandum of law required for all motions in limine per party.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial 30 days after the deadline for the Joint Pretrial Order.
Summary: Parties must be ready for trial 30 days after Joint Pretrial Order deadline.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A list by each party of exhibits to be offered in its case-in-chief, in accordance with Rule V(D)(1), infra.
Summary: Exhibit list required for case-in-chief in accordance with Rule V(D)(1).
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, the parties shall file proposed findings of fact and conclusions of law by the time of filing the Joint Pretrial Order.
Summary: Proposed findings of fact and conclusions of law required with Joint Pretrial Order.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
The proposed findings of fact should be detailed and include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.
Summary: Proposed findings of fact must be detailed with citations to trial testimony and exhibits.
Document Type
Proposed Findings Of Fact
Machine summary. Not checked yet.Mandatory?
If multiple defendants will be tried, all defendants must, unless otherwise ordered, submit a single request to charge and a single set of proposed voir dire questions.
Summary: Multiple defendants must submit single joint request to charge and voir dire questions.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, in civil jury cases, the parties shall file via ECF joint case-specific proposed voir dire questions, joint case-specific proposed requests to charge (in plain English), and a joint verdict sheet at least two weeks prior to trial.
Summary: Joint proposed voir dire, RTCs, and verdict sheet required 2 weeks before civil jury trial.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, in criminal jury cases, the parties shall each file via ECF case-specific proposed voir dire questions, case-specific proposed requests to charge (in plain English), and a verdict sheet at least two weeks prior to trial.
Summary: Individual proposed voir dire, RTCs, and verdict sheet required 2 weeks before criminal jury trial.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Within the deadlines ordered by the Court, the parties shall email to the Court and opposing counsel a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain six columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Authenticity Objection”; (4) “Admissibility Objection”; (5) “Date Identified”; and (6) “Date Admitted.”
Summary: Exhibit list with 6 columns must be emailed to Court and opposing counsel by Court-ordered deadline.
Document Type
Exhibit List
Machine summary. Not checked yet.Mandatory?
Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom counsel intends to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial.
Summary: List of witnesses to be cross-examined must be submitted 3 business days after affidavits.
Document Type
Witness List
Machine summary. Not checked yet.Mandatory?
At the start of trial, parties shall also email the Court and opposing counsel (but not file on ECF) an electronic copy of each exhibit sought to be admitted, and in a criminal case, Section 3500 material, with each filename corresponding to the relevant exhibit number (e.g., “GX-1,” “PX-1,” “DX-1,” etc.).
Summary: Electronic copies of exhibits must be emailed to Court and opposing counsel at start of trial (not filed on ECF).
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Counsel shall email to the Court a copy of the direct testimony of each witness (excluding the direct testimony of an adverse party, a person whose appearance must be compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at trial) in the form of an affidavit setting forth the narrative of their testimony in numbered paragraphs. Counsel shall also deliver courtesy copies to the Court.
Summary: Affidavits of witness testimony must be emailed to Court and courtesy copies delivered.
Document Type
Affidavit
Machine summary. Not checked yet.Mandatory?
If one complete set of hard copies of pre-marked exhibits cannot be confined to two three-inch binders, the parties may instead create witness-specific binders (i.e., a binder or binders with the exhibits for the direct examination and/or cross examination of a specific witness.) The parties should prepare at least three copies of any witness examination binders (one for the witness and two for the Court) and should provide those to the Court and the witness at the beginning of the respective witness’ examination.
Summary: If exhibits don't fit in two 3-inch binders, create witness-specific binders with 3 copies (1 for witness, 2 for Court).
Document Type
Witness Exhibit Binder
Machine summary. Not checked yet.Mandatory?
Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Garnett’s Courtroom during a hearing or trial by submitting an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website. The completed form should be submitted as early as possible—and certainly no later than five business days before the start of the trial or hearing.
Summary: Wi-Fi access request form must be submitted at least 5 business days before trial or hearing.
Document Type
Wifi Request Form
Machine summary. Not checked yet.Mandatory?
Parties shall also provide the Court with two sets of tabbed, three-ring binders containing the exhibit list described in Rule V(D)(1), supra, and hard copies of the pre-marked documentary exhibits, as well as (in criminal cases) Section 3500 material from the Government, in sequential order.
Summary: Two sets of tabbed, three-ring binders with exhibit list and hard copies must be provided to Court.
Document Type
Exhibit Binder
Machine summary. Not checked yet.Mandatory?
Demonstratives that will not be introduced into evidence need not be listed, but they must be shared with the Court and opposing counsel in advance of their attempted use in Court. Prior to any attempted use of demonstratives, the parties shall confer in an effort to resolve any objections to their use. Any objections that are not resolved shall be raised with the Court no later than the business day prior to the anticipated use of the demonstrative.
Summary: Demonstratives must be shared with Court and opposing counsel in advance; objections must be raised by business day before use.
Document Type
Demonstrative
Machine summary. Not checked yet.Mandatory?
If a party wishes to use audio-visual equipment at a hearing or trial, it is that party’s responsibility to ensure that any required approvals are obtained and that the necessary equipment is set up and working properly in advance of trial.
Summary: Parties must obtain approvals and ensure AV equipment is set up and working properly before trial.
Document Type
Av Equipment
Machine summary. Not checked yet.Mandatory?
The completed form should be submitted as early as possible, and certainly no later than five business days before the start of the trial or hearing.
Summary: Electronic device request form must be submitted at least 5 business days before trial/hearing.
Document Type
Electronic Device Request Form
Machine summary. Not checked yet.Mandatory?
The parties are expected to present witnesses throughout the entire trial day. Unless good cause is shown, if a party does not have another witness available on a given day, that party will be deemed to have rested.
Summary: Parties must present witnesses throughout trial day or be deemed to have rested.
Document Type
Trial
Machine summary. Not checked yet.Mandatory?
Counsel shall notify the Court and other counsel in writing, at the earliest possible time, of any particular scheduling problems involving witnesses so that other arrangements can be made to fill the trial day.
Summary: Counsel must notify court and other counsel in writing of witness scheduling problems.
Document Type
Trial
Machine summary. Not checked yet.Mandatory?
The letter-motion described in Rules I(D)(4)(i)–(ii), supra, must explain the purpose of the redactions or sealing and why the redactions or sealing are appropriate in light of the presumption of public access. Simultaneously, the party must email Chambers in accordance with Rule I(D)(4)(v), infra. The party should endeavor to draft the letter-motion in a form that can be filed publicly on ECF. If, however, the party believes that the letter-motion itself should be sealed or redacted, the party should (1) provide justification for this in the letter-motion; (2) include an unredacted copy of the letter-motion as an attachment to the email described in Rule I(D)(4)(v), infra; and (3) if possible, file a redacted version of the letter-motion on ECF.
Summary: Criminal cases: Letter-motions must explain redaction/sealing purpose and be drafted for public filing when possible.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
Unless a pro se party has consented to electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service.
Summary: Counsel must serve paper copies to pro se parties without ECF consent and file Affidavit of Service
Document Type
Motion
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for motions over 15 pages
Courtesy Copies. ............................................................................................................. 9
Machine summary. Not checked yet.
Page 9 | Courtesy Copies
Sentencing submissions require courtesy copies to Chambers, with defense and government allowed to submit separately by Government's due date.
Courtesy copies of written sentencing submissions and letters must be submitted to Chambers, following Rule II(B)(3), supra, except that defense counsel and the Government may separately submit courtesy copies to the Court by no later than the time the Government’s submission is due.
Machine summary. Not checked yet.
Letter-motions should be filed on ECF; no courtesy copies required for letter-motions.
When permitted by the S.D.N.Y. Local Rules and S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters. Courtesy copies of letter-motions should not be provided to Chambers.
Machine summary. Not checked yet.
Hand deliveries must go to Court Security Officers, not Chambers; urgent items require notification
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, NY 10007, and may not be brought directly to Chambers. However, if the hand-delivered material 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.
Machine summary. Not checked yet.
Parties must file motions on ECF and submit courtesy copies, with defense and government allowed to submit separately by time motion is fully submitted.
All parties must submit motion papers on ECF and must submit courtesy copies to the Court, following Rule II(B)(3), supra, except that defense counsel and the Government may separately submit courtesy copies to the Court by no later than the time the motion is fully submitted.
Machine summary. Not checked yet.
One courtesy copy required with reply or as soon as practicable.
One courtesy copy of a complete set of motion papers should be submitted by the movant at the time the reply is served, or as soon thereafter as reasonably practicable. Courtesy copies shall be mailed or hand-delivered to Chambers (see supra Rule I(B)(6) for hand-delivery instructions).
Machine summary. Not checked yet.
Courtesy copies are not required for pro se matters.
Courtesy Copies. Courtesy copies are not required to be submitted to Chambers in pro se matters.
Machine summary. Not checked yet.
Sealing & Redaction Procedures
Redaction and sealing procedures for documents
Redactions and Filing Under Seal. .................................................................................. 3
Machine summary. Not checked yet.
Page 3 | Redactions and Filing Under Seal
Sealed document requests require letter-motion with specific content and contemporaneous sealed filing.
Where a party seeks leave to file a document in sealed form, the party shall file a letter-motion on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion shall (1) request the sealing; (2) indicate whether the party’s adversary consents to the sealing and, if the adversary does not consent, describe the basis for objection; (3) describe the efforts to meet and confer; and (4) explain why sealing is appropriate in light of the presumption of public access to the federal courts. The letter-motion shall be filed in public view and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order, if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.
Machine summary. Not checked yet.
Criminal cases: Redacted documents require simultaneous ECF filing, letter-motion, and email to Chambers.
The party shall file the redacted version of the document on ECF and shall simultaneously file a letter-motion seeking leave to file the document with those redactions and email Chambers, in accordance with Rule I(D)(4)(iv)–(v), infra.
Machine summary. Not checked yet.
Redaction requests require letter-motion with specific content and dual filing (public redacted + sealed unredacted with highlights).
Where a party seeks leave to file a document with redactions, the party shall file a letter-motion on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion shall (1) request the redactions; (2) indicate whether the party’s adversary consents to the redactions and, if the adversary does not consent, describe the basis for objection; (3) describe the efforts to meet and confer; and (4) explain why redactions are appropriate in light of the presumption of public access to the federal courts. The letter-motion shall be filed in public view and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.
Machine summary. Not checked yet.
Redactions not covered in Rule I(D)(1) require court permission
Other than redactions referenced in Rule I(D)(1), supra, any party wishing to file a submission in redacted form or under seal must request permission to do so. Unless delayed docketing is requested, the requesting party shall proceed as outlined in Rules I(D)(3) and I(D)(4), infra.
Machine summary. Not checked yet.
Unredacted courtesy copies must be provided for sealed/redacted filings, with redacted portions highlighted.
If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies are to be unredacted, but the portions redacted from public filings should be highlighted so that the Court will know to refrain from quoting those passages in opinions and orders.
Machine summary. Not checked yet.
Meet and confer with adversary before requesting court permission to redact or seal
Prior to requesting the Court’s permission to redact or seal, the requesting party shall meet and confer with their adversary in a good-faith effort to narrow the need for redactions or sealing and to secure consent, if possible.
Machine summary. Not checked yet.
Criminal cases: Entire sealed submissions require email to Chambers with letter-motion explaining sealing purpose.
Any party seeking to file under seal an entire submission (with or without exhibits) shall not file anything on ECF in the first instance and shall email the submission and a letter-motion to Chambers. The letter-motion must explain the purpose of the sealing and why sealing is appropriate in light of the presumption of public access. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor.
Machine summary. Not checked yet.
Criminal cases: Sealed exhibits require single-page placeholder on ECF, letter-motion, and email to Chambers.
Any party seeking leave to file a fully sealed exhibit attached to an unsealed or redacted document shall file the main document (in accordance with Rule I(D)(4)(i), supra, if the party is seeking redactions to the main document) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party shall simultaneously file a letter-motion on ECF requesting leave to file in that manner and email the submission and letter-motion to Chambers in accordance with Rule I(D)(4)(iv)–(v), infra.
Machine summary. Not checked yet.
Court won't enforce confidential settlements; public record required for jurisdiction.
The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties request that the Court retain jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the public record.
Machine summary. Not checked yet.
Page 18 | Settlement
Certain sensitive and caution information may be redacted without court approval
There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior approval from the Court, redact from their public filings the six categories of information requiring “caution” described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).
Machine summary. Not checked yet.
Redacted or sealed documents are filed with District’s Sealed Records Department unless delayed docketing is granted.
Unless delayed docketing is specifically requested and granted, the Court will file any redacted or sealed documents with the District’s Sealed Records Department.
Machine summary. Not checked yet.
Filing Bundling Requirements
Letters must be grouped as attachments to a single sentencing submission document.
Letters should be grouped and filed together as attachments to a single document marked “SENTENCING SUBMISSION,” with the caption and docket number clearly indicated.
Machine summary. Not checked yet.
Page 27 | Sentencing Procedures
Related cases must include both docket numbers; consolidated cases use only consolidated docket number
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]). After two or more actions have been consolidated for all purposes under a single docket number pursuant to Fed. R. Civ. P. 42(a)(2), 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.
Machine summary. Not checked yet.
Pre-Motion Conference Requirements
Pre-motion conference required before filing summary judgment motions.
All motions and applications shall be governed by the Court’s Individual Rules, including the requirement of a pre-motion conference before a motion for summary judgment is filed.
Machine summary. Not checked yet. · Civil cases
Page 5 | 9. Motions and Post-Fact Discovery Conference
Summary judgment pre-motion conference request must be made in writing within 14 days after close of fact discovery.
Pursuant to the authority of Fed. R. Civ. P. 16(c)(2), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing no later than 14 days after the date set by the Court for the close of fact discovery
Machine summary. Not checked yet. · Civil cases
Page 5 | 9. Motions and Post-Fact Discovery Conference
Motions in limine must be filed 4 weeks before trial; responses due 1 week after filing.
Unless otherwise ordered by the Court, any motions in limine shall be filed no later than four weeks before trial and in accordance with the Court’s Individual Rules; responses shall be filed within one week after the filing of a motion in limine and in accordance with the Court’s Individual Rules.
Machine summary. Not checked yet. · Civil cases
Page 7 | Final Pretrial Submission
Pre-motion letter required before filing most motions
Pre-Motion Letters and Conferences. ............................................................................. 9
Machine summary. Not checked yet.
Page 9 | Pre-Motion Letters and Conferences
Conference required before TRO unless Rule 65(b) requirements met.
A party must confer with his or her adversary before making an application for a TRO unless the requirements of Fed. R. Civ. P. 65(b) are met.
Machine summary. Not checked yet.
Page 18 | Motions for Temporary Restraining Orders
TRO procedures differ based on notice requirements.
if the party seeking relief: (1) believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal and then email Chambers; or (2) is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers, attaching as-filed PDFs of all papers.
Machine summary. Not checked yet.
Page 18 | Motions for Temporary Restraining Orders
Motions in limine must be filed 4 weeks before trial unless otherwise ordered.
Unless otherwise ordered by the Court, the parties shall file and serve motions addressing any evidentiary issues or other matters to be resolved in limine no later than four weeks before trial.
Machine summary. Not checked yet.
Page 29 | 2. Motions in Limine
Responses to motions in limine due within one week; no reply briefs allowed.
Responses are due within one week after the filing of a motion in limine. No reply briefs shall be filed.
Machine summary. Not checked yet.
Page 29 | 2. Motions in Limine
Good faith meet-and-confer required before filing motions in limine.
Any party wishing to file a motion in limine must first confer in good faith with the opposing party in an effort to resolve the dispute; all motions in limine must include a representation that the meet-and-confer process occurred and was unsuccessful.
Machine summary. Not checked yet.
Page 29 | 2. Motions in Limine
Meet and confer required to agree on undisputed findings and conclusions.
The parties must meet and confer in an effort to reach agreement with respect to those findings and conclusions as to which there is no dispute; as to any agreed-upon findings and conclusions, the parties must make a joint submission.
Machine summary. Not checked yet.
Page 30 | 1. Proposed Findings of Fact and Conclusions of Law
Summary judgment motions require 14-day advance request for pre-motion conference.
If a party wishes to move for summary judgment, it must, within 14 days after the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference.
Machine summary. Not checked yet.
Opposition letter (max 3 pages) due within 2 business days; no replies allowed.
If the opposing party wishes to respond, it must do so in a letter not to exceed three pages within two business days, and should promptly advise Chambers by email (following the instructions for email correspondence with the Court detailed in Rule I(B)(3), supra) that a responsive letter will be forthcoming. Reply letters are not permitted.
Machine summary. Not checked yet.
Discovery disputes require meet-and-confer and letter-motion (max 3 pages).
Any party wishing to raise a discovery dispute with the Court must first confer in good faith at least once with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. If the meet-and-confer process does not resolve the dispute, the party seeking discovery must submit a letter-motion to the Court via ECF, no longer than three pages (single spaced, with standard font and margins), explaining the nature of the dispute and why the party is entitled to relief. The initial letter-motion must state: (1) the date(s), time(s), and duration of each meet-and-confer conference; (2) the names of the attorneys who participated; and (3) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting relief from the Court.
Machine summary. Not checked yet.
Motions (except OSC) require 6-week return date after service
All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service.
Machine summary. Not checked yet.
Joint status letter required within 7 days if no summary judgment pre-motion conference requested.
If no party submits a letter requesting a pre-motion conference on summary judgment within the relevant deadline, the parties shall submit a joint status letter no later than seven days after the deadline for a summary judgment letter has passed.
Machine summary. Not checked yet. · Civil cases
Page 5 | 9. Motions and Post-Fact Discovery Conference
Remote conference requests require letter-motion filed promptly after conferring with all counsel.
If any counsel wishes for a conference to be conducted remotely (by telephone or video), he or she should confer with all other counsel and promptly file a letter-motion to that effect in accordance with Rule I(B)(1), supra.
Machine summary. Not checked yet.
Page 12 | A. Conferences and Discovery
Summary judgment motions generally not available in non-jury cases without good cause.
Generally Not Available in Non-Jury Cases. Absent good cause, the Court generally will not consider summary judgment motions in non-jury cases.
Machine summary. Not checked yet.
Rule section on motion procedures
Motions
Machine summary. Not checked yet.
Page 3 | E. Motions
Rule section on motions to dismiss
Motions to Dismiss.
Machine summary. Not checked yet.
Page 3 | 3. Motions to Dismiss
Pre-motion letters/conferences generally not required except for discovery and summary judgment.
Pre-motion letters or conferences are not required, except for letter-motions concerning discovery, which are governed by Rule II(A)(6), supra, and the procedure applicable to summary judgment motions, described in Rule II(B)(9), infra.
Machine summary. Not checked yet.
Adjournment & Extension Requirements
Motions to amend pleadings or join parties must be filed within 30 days of the Initial Pretrial Conference.
Any motion to amend or to join additional parties shall be filed within ____ days from the date of this Order. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]
Machine summary. Not checked yet. · Civil cases
Page 3 | 6. Amendment of Pleadings and Joining Additional Parties
Contention interrogatories must be served 30 days before discovery closes; no other interrogatories allowed without court permission.
Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than 30 days before the close of discovery. No other interrogatories are permitted except upon prior express permission of the Court.
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Non-party depositions must follow initial party depositions unless otherwise agreed or ordered.
Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions.
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Interrogatories must be served within 30 days of the Initial Pretrial Conference.
Interrogatories pursuant to Fed. R. Civ. P. 33 shall be served by _______________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Depositions must be completed by the close of fact discovery date.
Depositions pursuant to Fed. R. Civ. P. 30 and 31 shall be completed by the date set forth in Paragraph 2(a) (i.e., the close of fact discovery).
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Initial document requests must be served within 30 days of the Initial Pretrial Conference.
Initial requests for production of documents pursuant to Fed. R. Civ. P. 34 shall be served by _______________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Depositions cannot begin until all parties have responded to initial document requests.
Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production.
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Rule 33.3(a) interrogatories must be served by a specific date, but not for disclosures already required by Rule 26(a).
Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York shall be served by _____________. No Rule 33.3(a) interrogatories need to be served with respect to disclosures automatically required by Fed. R. Civ. P. 26(a).
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Initial disclosures must be completed within 14 days of the Initial Pretrial Conference.
Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than ____ days from the date of this Order. [Absent exceptional circumstances, a date not more than 14 days following the Initial Pretrial Conference.]
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Requests to admit must be served by a specific date.
Requests to admit shall be served no later than ______________________.
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Parties should not anticipate extensions of fact discovery deadline or unilaterally halt discovery. Limited extensions require letter-motion filed before deadline explaining unforeseen circumstances.
The parties should not anticipate extensions of the deadline for fact discovery. Relatedly, the parties should not make a unilateral decision to stay or halt discovery (on the basis of settlement negotiations or otherwise) in anticipation of an extension. If something unforeseen arises, a party may seek a limited extension of the foregoing deadlines by letter-motion filed on ECF. Any such motion must be filed before the relevant deadline and must explain why, despite the parties’ due diligence, discovery could not be completed by the relevant deadline.
Machine summary. Not checked yet. · Civil cases
Page 4 | 7. Fact Discovery
Daubert motions to exclude expert testimony must be filed within 30 days of close of expert discovery.
Any motion to exclude the testimony of experts pursuant to F.R.E. 702 to 705 and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases is to be filed within 30 days of the close of expert discovery.
Machine summary. Not checked yet. · Civil cases
Page 6 | 11. Motions to Exclude Expert Testimony
Parties must be ready for trial 30 days after Final Pretrial Submission deadline.
Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial 30 days after the Final Pretrial Submission deadline.
Machine summary. Not checked yet. · Civil cases
Page 7 | Final Pretrial Submission
Requests for adjournments/extensions must be made in advance
Requests for Adjournments or Extensions of Time. ....................................................... 1
Machine summary. Not checked yet.
Page 1 | Requests for Adjournments or Extensions of Time
Adjournment/extension requests must be made by letter-motion with specific required elements.
All requests for adjournments or extensions of time should be made by letter-motion and must state: (1) the reason for the proposed adjournment or extension; (2) the original
Machine summary. Not checked yet.
Page 6 | Communications with Chambers
Extensions/adjournments must be made by letter-motion, not stipulation.
requests for extensions and adjournments should be made by letter-motion, not by proposed stipulation or proposed order.
Machine summary. Not checked yet.
Page 18 | Proposed Stipulations and Orders
Adjournment requests require 2 business days notice unless emergency, then email Chambers after ECF filing
Absent an emergency, the request must be made at least two business days prior to the original due date. In the event of such an emergency, after filing the appropriate letter-motion on ECF, the parties should also alert Chambers to the filing by email, following the procedures pertaining to email communications with the Court detailed in Rule I(B)(3), supra, and clearly stating the nature of the emergency.
Machine summary. Not checked yet.
Adjournment/extension requests must include specific required elements
All requests for adjournments or extensions of time must be made in writing and 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 reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court, as well as any other existing deadlines.
Machine summary. Not checked yet.
Sentencing adjournment requests must be ECF letter-motions filed 3 business days before proceeding, stating reason and opposing counsel's consent.
Any request for an adjournment of sentencing must be made by letter-motion on ECF no later than three business days before the scheduled proceeding. The request must state the reason for the adjournment and whether opposing counsel consents.
Machine summary. Not checked yet.
Motions to exclude expert testimony must be filed within 30 days after expert discovery closes.
Unless the Court orders otherwise, motions to exclude the testimony of experts, pursuant to F.R.E. 702–705 and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases must be made within 30 days after the close of expert discovery and should not be treated as motions in limine.
Machine summary. Not checked yet.
Adjournment/extension requests require 2 business days advance notice (except emergencies)
Absent an emergency, any request for extension or adjournment must be made at least two business days prior to the deadline or scheduled appearance.
Machine summary. Not checked yet.
Interim discovery deadlines may be extended by written consent of all parties without court application, provided fact discovery is completed by the deadline.
The interim deadlines in Paragraphs 7(f)–7(i) may be extended by the written consent of all parties without application to the Court, provided that fact discovery is completed by the date provided in Paragraph 2(a).
Machine summary. Not checked yet. · Civil cases
Page 3 | 7. Fact Discovery
Settlement and discovery proceed simultaneously; deadline extensions require written application 2 business days before deadline.
Unless the Court orders otherwise, parties engaged in settlement negotiations must pursue settlement and conduct discovery simultaneously. Parties should not assume that they will receive an extension of an existing deadline if settlement negotiations fail. Any application to modify or extend the dates herein shall be made by written application no later than two business days before the date sought to be extended.
Machine summary. Not checked yet. · Civil cases
Page 7 | Final Pretrial Submission
Extension requests made after deadline are ordinarily denied
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Machine summary. Not checked yet.
Adjournment requests for initial conference follow Rule I(B)(5).
Requests for adjournments of the initial pretrial conference must be made in accordance with Rule I(B)(5), supra.
Machine summary. Not checked yet.
Defendant has 14 days after amended complaint to answer, file new motion to dismiss, or rely on previous motion.
If the plaintiff chooses to file an amended complaint, the Court will deny the previously-filed motion to dismiss as moot without prejudice, and the defendant must within 14 days after service of the amended complaint (1) answer; (2) file a new or supplemental motion to dismiss; or (3) submit a letter on ECF stating that it relies on the previously filed motion to dismiss.
Machine summary. Not checked yet.
Other parties must respond to summary judgment pre-motion letter within one week.
Other parties shall respond similarly within one week.
Machine summary. Not checked yet.
Rule section on adjournment/extension requests
Requests for Adjournments or Extension of Time.
Machine summary. Not checked yet.
Page 3 | 5. Requests for Adjournments or Extension of Time
Rule section on sentencing adjournments
Adjournments
Machine summary. Not checked yet.
Page 4 | 1. Adjournments
Chambers Communication Rules
Telephone calls to Chambers are prohibited.
Telephone calls to Chambers are prohibited. All urgent communications with the Court should occur pursuant to Rule I(B)(9).
Machine summary. Not checked yet.
Page 6 | Communications with Chambers
Faxes to Chambers are not permitted.
Faxes to Chambers are not permitted.
Machine summary. Not checked yet.
Page 6 | Communications with Chambers
Counsel must email Chambers to request substitution conference, copying Courtroom Deputy and Government, with defendant and replacement counsel required to attend.
When there is a request for substitution of defense counsel, counsel of record must email Chambers, copying the Courtroom Deputy (Keeva_Verneus@nysd.uscourts.gov) and the Government, to request a conference be scheduled as soon as possible. If defense counsel believes an ex parte conference is necessary, it should so indicate in its email. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, proposed replacement counsel, and the Government must also attend the conference.
Machine summary. Not checked yet.
Page 24 | IV. INDIVIDUAL RULES & PRACTICES IN CRIMINAL MATTERS
CJA counsel must use eVoucher system for most funding requests, but letters on ECF for associate counsel, and ex parte email for interim payments.
CJA counsel requesting funding to engage investigative, expert, mentorship, or other services should do so through the CJA eVoucher system, not by letter to the Court. Requests for funding to engage associate CJA counsel, however, must be made by letter on ECF. Requests for authorization to seek interim payments may be made ex parte and under seal, via email to Chambers, copying the Courtroom Deputy.
Machine summary. Not checked yet.
Page 24 | IV. INDIVIDUAL RULES & PRACTICES IN CRIMINAL MATTERS
Defense counsel must promptly inform Court of benefactor payment conflicts and request Curcio hearing.
Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel must promptly inform the Court and request a Curcio hearing.
Machine summary. Not checked yet.
Page 24 | IV. INDIVIDUAL RULES & PRACTICES IN CRIMINAL MATTERS
Government must email Chambers to arrange arraignment and initial conference with specific information and charging instruments at least two business days prior.
When a case is assigned to this Court, the Government shall email Chambers, copying the Courtroom Deputy (Keeva_Verneus@nysd.uscourts.gov), to arrange a time for an arraignment and initial conference. The Government shall provide (1) the name of the defendant(s); (2) defense counsel’s name and contact information; (3) whether the defendant(s) is/are detained (and, if so, the relevant Reg. No.) or bailed; (4) whether any defendant requires an interpreter (and, if so, the relevant language); (5) times that the Government and defense counsel are available for the arraignment and initial conference; and (6) any other pertinent information. The Government shall email all charging instruments to Chambers, if they are not available on ECF, at least two business days prior to the conference.
Machine summary. Not checked yet.
Page 24 | IV. INDIVIDUAL RULES & PRACTICES IN CRIMINAL MATTERS
Defense counsel must promptly inform Court of any conflict of interest and request Curcio hearing if appropriate.
Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate.
Machine summary. Not checked yet.
Page 24 | IV. INDIVIDUAL RULES & PRACTICES IN CRIMINAL MATTERS
Email Microsoft Word and PDF copies of proposed findings and conclusions to Court; provide courtesy copies.
At the time of filing, the parties should also submit copies of these documents to the Court by email in both Microsoft Word and PDF format, as well as provide courtesy copies as set out in Rule II(B)(3).
Machine summary. Not checked yet.
Page 30 | 1. Proposed Findings of Fact and Conclusions of Law
Email Microsoft Word copies of proposed voir dire, RTCs, and verdict sheet to Court.
At the time of filing, parties should also submit copies of these documents to the Court by email as Microsoft Word documents.
Machine summary. Not checked yet.
Page 30 | 1. Joint Proposed Voir Dire, RTCs, and Verdict Sheet in Civil Cases
Pro se parties cannot send papers directly to Chambers
No papers may be sent directly to Chambers.
Machine summary. Not checked yet.
Pro se parties must communicate with Court through Pro Se Office, not Chambers
All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed to the Pro Se Office (Thurgood Marshall Courthouse, 40 Foley Square, Room 105, New York, NY 10007). No documents or court filings may be sent directly to Chambers.
Machine summary. Not checked yet.
Pro se discovery requests must be sent to opposing counsel, not the Court
All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought. Discovery requests should not be sent to the Court.
Machine summary. Not checked yet.
Criminal cases: Email to Chambers must include clean document, highlighted redactions, and unredacted letter-motion.
Simultaneously with the procedures set out in Rules I(D)(4)(i)–(ii), supra, the party should email to Chambers (1) a clean (unredacted) copy of the document to be sealed or redacted; (2) if seeking redaction, a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) a copy of the letter-motion (unredacted, should the party also be seeking leave to file the letter-motion with redactions or under seal).
Machine summary. Not checked yet.
Pro se parties must contact Pro Se Office, not the Court directly
Pro se parties should call the Pro Se Office at (212) 805-0175 with any questions. Pro se parties may not call the Court.
Machine summary. Not checked yet.
Parties must confer to resolve discovery disputes before involving the Court
If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without raising any issue with the Court.
Machine summary. Not checked yet.
Alternative filing methods (email to Chambers) available when 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 believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF, or believes there is good cause not to file such a letter-motion on ECF, the party may submit the letter-motion and the document at issue by email to Chambers as text-searchable PDF attachments, copying all counsel.
Machine summary. Not checked yet.
ECF filings are not reviewed same day; urgent matters require email alert to Chambers in addition to ECF filing
Matters filed via ECF are not necessarily reviewed the same day they are filed. If a matter requires urgent attention, parties should so alert Chambers by email in accordance with the above rules, in addition to filing any related submission on ECF.
Machine summary. Not checked yet.
Communications with chambers guidelines
Communications with Chambers. ........................................................................................................... 1
Machine summary. Not checked yet.
Page 1 | Communications with Chambers
In-person conferences are held in Courtroom 906 at 40 Foley Square, NY unless otherwise ordered.
Unless otherwise ordered by the Court, all in-person conferences will be held in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007.
Machine summary. Not checked yet.
Page 12 | A. Conferences and Discovery
TRO communications must follow general chambers email rules.
As with any other communication with Chambers, parties must follow the instructions for email communications with Chambers detailed in Rule I(B)(3), supra.
Machine summary. Not checked yet.
Page 18 | Motions for Temporary Restraining Orders
Court will schedule final pretrial conference and set deadlines in criminal cases.
In criminal cases, the Court will enter an order scheduling a final pretrial conference and setting deadlines for pretrial submissions.
Machine summary. Not checked yet.
Page 28 | Pre-Trial Procedures
Junior Lawyer Participation Incentives
Rule section on oral argument procedures
Oral Argument.
Machine summary. Not checked yet.
Page 3 | 4. Oral Argument
Oral argument granted at judge's discretion
Oral Argument on Motions. .......................................................................................... 10
Machine summary. Not checked yet.
Page 10 | Oral Argument on Motions
Court encourages junior attorney participation in proceedings where they contributed substantially.
The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, and witness examinations at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in
Machine summary. Not checked yet.
Page 12 | A. Conferences and Discovery
Junior attorneys may increase likelihood of oral argument.
The Court may be inclined to grant a request for oral argument, which it generally disfavors, where doing so would afford the opportunity for a junior attorney to gain courtroom experience.
Machine summary. Not checked yet.
Oral argument is not heard in pro se matters unless otherwise ordered.
Oral Argument. Unless otherwise ordered by the Court, argument will not be heard in pro se matters.
Machine summary. Not checked yet.
Advise if oral argument will be handled by a less experienced attorney.
In this letter, the party should advise the Court if the oral argument would be handled by a less experienced attorney because, as discussed in Rule II(A)(4), supra, that may make the Court more inclined to hold oral argument.
Machine summary. Not checked yet.