Southern District of New York Filing Bundling Requirements

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Civil cases

Parties submitting motions in limine should file one consolidated motion to address all evidence they seek to exclude.

Summary: Parties must file a single consolidated motion in limine addressing all evidence they seek to exclude, rather than multiple motions.

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Motion papers must be filed at the time of service or promptly thereafter.

Summary: Motion papers must be filed at time of service or promptly thereafter.

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Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Civil cases

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service

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Civil cases

Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 8(C) above, in support of all motions in limine filed by that party

Summary: Motions in limine must be bundled into a single memorandum per party unless court grants leave.

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Motion papers must be filed promptly after service. Do not hold motion papers until all submissions are complete.

Summary: Motion papers must be filed promptly after service and not held until all submissions are complete.

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Required

Always ?

Motion papers must be filed promptly after service. Do not hold motion papers until all submissions are complete.

Summary: Motion papers must be filed promptly after service; do not hold until all submissions are complete.

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Civil cases

No motion for summary judgment may be served after the date the pretrial order is due.

Summary: Summary judgment motions must be served before pretrial order due date.

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Civil cases

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Criminal cases

If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.

Summary: Paper-filed sentencing letters must be grouped into one filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number, and submitted to the Clerk’s Office.

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Criminal cases

If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Summary: Electronically filed sentencing letters must be grouped as attachments to one document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

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Civil cases

Required

Always ?

Motion papers must be filed promptly after service.

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Civil cases

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service

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No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless requested by the Court.

Summary: No paper submissions to Chambers without Court request.

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If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.

Summary: Hard-copy letters must be grouped in one paper filing, labeled SENTENCING MEMORANDUM, with the caption and docket number, and submitted to the Clerk’s Office.

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If the letters are filed electronically, they must be grouped and filed together as attachments to a single document and marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Summary: Electronically filed letters must be grouped as attachments to one document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

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Motion papers shall be filed promptly after service. They should not include a return date.

Summary: Motion papers must be filed promptly after service without a return date.

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Criminal cases

If letters are filed as hard copies, a party shall group all the letters together in a single papers filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk's Office.

Summary: Hard-copy letters must be grouped in one paper filing under a cover marked SENTENCING MEMORANDUM that clearly identifies the caption and docket number, and submitted to the Clerk's Office.

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Criminal cases

If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Summary: Electronically filed letters must be grouped as attachments to one document marked SENTENCING MEMORANDUM that clearly identifies the caption and docket number.

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Required

Always ?

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Required

Always ?

At this point the parties should meet to collate the various disputed and undisputed proposed findings, submitting to the court ONE CONSOLIDATED pre-trial order signed by all the parties to the action.

Summary: Parties must submit one consolidated pre-trial order signed by all parties.

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Civil cases

Motion papers shall be filed with the Clerk’s Office promptly after service.

Summary: Motion papers must be filed promptly after service.

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Civil cases

Motion papers shall be filed via ECF promptly after reply papers have been served.

Summary: Motion papers must be filed via ECF promptly after reply papers are served.

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Criminal cases

If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM bearing the caption and docket number and submit it to the Clerk's Office.

Summary: Hard-copy letters must be grouped in one paper filing under a cover marked “SENTENCING MEMORANDUM” with the caption and docket number, and submitted to the Clerk’s Office.

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Criminal cases

If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM bearing the caption and docket number.

Summary: Letters filed electronically must be grouped as attachments to one document marked “SENTENCING MEMORANDUM” with the caption and docket number.

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Criminal cases

B. ECF Filing. If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Summary: If letters are filed electronically, they must be grouped as attachments to one document marked SENTENCING MEMORANDUM that clearly shows the caption and docket number.

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Civil cases

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Civil cases

Upon the filing of a summary judgment motion, the deadline to file a joint pretrial order and associated materials is adjourned pending resolution of the motion.

Summary: Summary judgment motion filing adjourns the joint pretrial order deadline.

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Civil cases

Required

Always ?

In all cases (except pro se cases), the moving party shall electronically file motion and reply papers on ECF only when the entire motion has been briefed.

Summary: Motion papers must be filed on ECF only when fully briefed (except pro se).

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Civil cases

Required

Always ?

The responding party shall electronically file opposition papers only when noticed by the moving party that the motion and reply papers are being filed.

Summary: Responding party files opposition only when notified by moving party.

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Civil cases

Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule – including but not limited to Fed. R. Civ. P. 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 – where failure to comply with the specified time period could result in forfeiture of a substantive right.

Summary: Statutory and FRCP time periods for motions take precedence over bundling rule.

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Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Criminal cases

If multiple Defendants in a case have filed pretrial motions, the Government must respond to all motions in a single, omnibus brief, unless otherwise ordered.

Summary: Government must respond to all motions in single omnibus brief when multiple Defendants file.

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Criminal cases

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.

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All motion papers shall be filed in the Clerk’s Office or via ECF promptly after service.

Summary: All motion papers must be filed in Clerk's Office or via ECF promptly after service.

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Civil cases

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.

Summary: Related cases must include both docket numbers in all filings.

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Required

Always ?

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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In all cases, motions in limine addressing any evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.

Summary: Motions in limine must be filed with the Joint Pretrial Order.

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Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Required

Always ?

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Motion papers not filed and served via ECF shall be filed promptly after service.

Summary: Non-ECF motion papers must be filed promptly after service.

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In jury cases, three days prior to trial, each party shall submit to chambers two sets of tabbed binders containing all documentary exhibits organized by exhibit number. If the number of exhibits is so voluminous as to make compliance with this rule impractical, the parties shall contact the Court for guidance.

Summary: In jury cases, submit two tabbed binders of exhibits 3 days before trial.

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In non-jury cases, three days prior to trial, the parties shall submit to chambers any additional documentary evidence not previously included in the binders submitted pursuant to Rule 4.C.1.iii. Any such additional documentary evidence shall be organized by exhibit number (continuing from the numbers in the previously submitted binders), and objections to an exhibit shall be clearly noted.

Summary: In non-jury cases, submit additional exhibits 3 days before trial with objections noted.

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If a party intends to introduce exhibits at a hearing, that party shall before the hearing begins submit two tabbed binders containing all documentary exhibits organized by exhibit number. If the number of exhibits is so voluminous as to make compliance with this rule impractical, the parties shall contact the Court for guidance.

Summary: Submit two tabbed binders of exhibits before any hearing.

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Civil cases

Required

Always ?

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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One week before the start of the trial, each party should file, with an accompanying table of contents or index, all documents referenced in Section 4.D. of these Rules.

Summary: Each party should file all Section 4.D referenced documents together one week before trial.

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A party should group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Summary: In ECF cases, letters should be bundled together as attachments to a single sentencing memorandum document.

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A party should group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.

Summary: In non-ECF cases, letters should be bundled into one paper filing under a single cover.

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Letters from those other than counsel should be grouped and filed together as attachments to that single document marked “Sentencing Memorandum.”

Summary: Letters from people other than counsel should be grouped and filed together as attachments to the single document marked “Sentencing Memorandum.”

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Civil cases

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.

Summary: After consolidation for all purposes under one docket number, future papers and correspondence should be filed only in that docket.

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Required

Always ?

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.

Summary: Related cases must include both docket numbers; consolidated cases use only consolidated docket number

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Letters should be grouped and filed together as attachments to a single document marked “SENTENCING SUBMISSION,” with the caption and docket number clearly indicated.

Summary: Letters must be grouped as attachments to a single sentencing submission document.

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Civil cases

O. Preliminary Injunction Motions. The Court generally follows the procedure for the conduct of non-jury trials described in Section 5.C below, to wit, parties should submit any documentary exhibits, declarations, and / or affidavits in support of or in opposition to such motion at the time they submit their legal memoranda in support of or in opposition to such motion.

Summary: Parties should submit exhibits, declarations, and affidavits for preliminary injunction motions at the same time as their legal memoranda.

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Civil cases

Exception to the 'Bundling Rule' Upon notice to the court, a party may file a motion before briefing is completed if waiting to file until the motion is fully briefed could result in the loss of a right (such as by making it impossible to file a timely appeal).

Summary: Exception to bundling rule for time-sensitive motions to preserve rights.

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Civil cases

Required

Always ?

It is the uniform practice of the Magistrate Judges in this District to schedule trials in civil consent cases for firm dates, which are unlikely to be changed absent unusual circumstances.

Summary: Trials in civil consent cases are scheduled for firm dates that are rarely changed.

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Civil cases

Required

Always ?

It is the uniform practice of the Magistrate Judges in this District to schedule trials in civil consent cases for firm dates, which are unlikely to be changed absent unusual circumstances.

Summary: Trials in civil consent cases scheduled for firm dates, rarely changed.

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Civil cases

Absent good cause, the Court ordinarily will not permit summary judgment practice in a non-jury case.

Summary: Summary judgment generally not available in non-jury cases.

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The parties are encouraged, however, to enter into stipulations as to authenticity and admissibility where possible.

Summary: The parties are encouraged to stipulate to authenticity and admissibility where possible.

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Civil cases

Required

Always ?

The parties shall be ready for trial on ______________________. [Absent exceptional circumstances, a date within two weeks following the Joint Pretrial Order due date.]

Summary: Trial readiness date set within two weeks of Joint Pretrial Order due date.

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Civil cases

To avoid redundancy, the Court will, in most instances, set a briefing schedule with deadlines for (1) one party to file the initial motion; (2) the other party to file a cross-motion, with a single, consolidated memorandum of law supporting the cross-motion and opposing

Summary: Court typically sets consolidated briefing schedule with initial motion and cross-motion with single opposition brief

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Civil cases

Motions for reconsideration and motions in limine are not subject to the 'bundling rule.'

Summary: Motions for reconsideration and in limine exempt from bundling rule.

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Required

Always ?

Motion papers must be filed promptly after service unless the Court orders otherwise.

Summary: Motion papers must be filed promptly after service.

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Civil cases

Required

Always ?

Unless otherwise ordered by Judge Ricardo, matters before him shall be conducted in accordance with the following practices.

Summary: Judge Ricardo's practices apply unless otherwise ordered.

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Civil cases

Required

Always ?

Unless otherwise ordered by Judge Ricardo, matters before him shall be conducted in accordance with the following practices.

Summary: Judge Ricardo's practices apply unless otherwise ordered.

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Civil cases

The procedures set out below apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings, including trial, occur before Judge Tarnofsky.

Summary: Pretrial procedures apply only to consent cases before Judge Tarnofsky