Southern District of New York Document Filing Requirements

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion for claim construction

Each party must concurrently file a Motion for Claim Construction requesting adoption of its positions in the joint chart.

Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

The disclosure must separately identify for each opposing party the asserted patent claims, applicable infringement provisions, and accused instrumentalities with the specified identifying details.

Separately for each opposing party, the Disclosure of Asserted Claims and Infringement Contentions shall contain the following information: (a) Each claim of each asserted patent that is allegedly infringed by each opposing party, including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted; (b) Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of each opposing party of which the party is aware. This identification shall be as specific as possible. Each product, device, and apparatus shall be identified by name or model number, if known. Each method or process shall be identified by name, if known, or by any product, device, or apparatus that, when used, allegedly results in the practice of the claimed method or process;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

The disclosure must include a chart mapping each asserted claim limitation to each accused instrumentality and identify corresponding structures, acts, or materials for limitations alleged to invoke § 112(f).

(c) A chart identifying specifically where and how each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

For each indirectly infringed claim, the disclosure must identify any direct infringement, describe the alleged indirect infringer’s contributing or inducing acts, and describe each party’s role in any joint direct infringement.

(d) For each claim alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. Insofar as alleged direct infringement is based on joint acts of multiple parties, the role of each such party in the direct infringement must be described;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

The disclosure must state whether each asserted claim limitation is alleged to be present literally or under the doctrine of equivalents.

(e) Whether each limitation of each asserted claim is alleged to be present in the Accused Instrumentality literally or under the doctrine of equivalents;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

For a patent claiming priority to an earlier application, the disclosure must state the priority date alleged for each asserted claim.

(f) For any patent that claims priority to an earlier application, the priority date to which each asserted claim is alleged to be entitled;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

The disclosure must state the timing of the first infringement and the beginning and end of claimed damages.

(h) The timing of the point of first infringement, the start of claimed damages, and the end of claimed damages;

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

With its infringement contentions, the patent claimant must produce or make available the specified categories of documents to each opposing party.

With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming patent infringement shall produce to each opposing party or make available for inspection and copying: (a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or each sale of or offer to sell, or any public use of, the claimed invention prior to the date of application for the asserted patent(s); (b) All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, which were created on or before the date of application for the asserted patent(s) or the priority date identified pursuant to paragraph 1(f) of this Order, whichever is earlier; (c) A copy of the file history for each asserted patent; (d) All documents evidencing ownership of the patent rights by the party asserting patent infringement; (e) If a party identifies instrumentalities pursuant to paragraph 1(g) of this Order, documents sufficient to show the operation of any aspects or elements of such instrumentalities the patent claimant relies upon as embodying any asserted claims; (f) All agreements, including licenses, transferring an interest in any asserted patent; (g) All agreements that the party asserting infringement contends are comparable to a license that would result from a hypothetical reasonable royalty negotiation; ===== PAGE 4 ===== (h) All agreements that otherwise may be used to support the party asserting infringement’s damages case; (i) If a party identifies instrumentalities pursuant to paragraph 1(g) of this Order, documents sufficient to show marking of such Embodying Instrumentalities; and if the party wants to preserve the right to recover lost profits based on such products, the sales, revenues, costs, and profits of such Embodying Instrumentalities; and (j) All documents comprising or reflecting a F/RAND commitment or agreement with respect to the asserted patent(s).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Invalidity contentions

Invalidity Contentions must identify each asserted item of prior art and provide the specified identifying details for patents, publications, sales, and public uses.

(a) The identity of each item of prior art that the party alleges anticipates each asserted claim or renders the claim obvious. Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Claim construction issue identification

The parties must exchange, by the stated deadline, a list of claim terms needing construction and their proposed constructions.

On or before _____________, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint claim construction chart

The Joint Claim Construction Chart should identify disputed claim language, each party’s proposed construction, and supporting citations only to intrinsic evidence.

The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint claim construction chart

A separate text-searchable PDF of each patent at issue must accompany the Joint Claim Construction Chart.

A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint claim construction brief

The parties must file a Joint Claim Construction Brief by the stated deadline.

No later than _______________, the parties shall file a Joint Claim Construction Brief.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint claim construction brief

The parties must combine their untitled briefs into one brief and arrange positions for each claim term in the prescribed sequence.

The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Amended joint claim construction chart

Lead Trial Counsel must meet and confer by the stated date and thereafter file an amended joint claim construction chart listing the remaining disputed terms.

On or before ______________, Lead Trial Counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Meet and confer letter

The parties must file a letter with the amended chart identifying the meet-and-confer participants, when and how it occurred, and its duration.

The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Claim construction argument

Without prior court approval, the parties may not present testimony at claim-construction argument, which is limited to two hours total; approval must be sought by joint letter no later than the answering briefs’ service due date.

Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of two hours.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Memorandum

Memoranda of at least ten pages must include a table of contents and a table of authorities.

Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Rule 56 1 statement

The opposing party must reproduce every entry in the moving party's Rule 56.1 statement and place its response directly beneath each entry.

The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Jury instructions

Each proposed jury instruction must cite its source or authority or it will be disregarded.

Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Affidavit

Must include

exhibit list

The original affidavit must be marked as a trial exhibit.

The original affidavit shall be marked as an exhibit at trial.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Default judgment

A party seeking default judgment must proceed by order to show cause.

A party that wishes to obtain a default judgment must proceed by way of order to show cause.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Application to be relieved

Must include

proposed order

If the client’s signature cannot be obtained, counsel seeking withdrawal must submit a proposed OSC, supporting affidavit, and legal authority.

If the client’s signature on a stipulation cannot be obtained, counsel must seek to be relieved by submitting a proposed Order to Show Cause (“OSC”), along with a supporting affidavit and legal authority justifying his or her withdrawal.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Motion to seal

A motion to seal must be publicly filed, state specific reasons, and should omit the information sought to be sealed.

The motion must be filed in public view, must explain the specific reasons for seeking to file the information under seal and should not include the information sought to be filed under seal.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Proposed order

A proposed default-judgment Order to Show Cause must be made returnable before Judge Seibel at the stated location and leave three specified dates blank for the Court.

1. Prepare a proposed Order to Show Cause for default judgment and make the Order returnable before Judge Seibel in Courtroom 621 of the United States Courthouse, 300 Quarropas Street, White Plains, New York. Leave blanks for the Court to fill in: 1) the date and time at which the Order to Show Cause will be heard; 2) the date by which the moving party must serve the Order to Show Cause and supporting documents on the non-moving party; and 3) the date by which the non-moving party must file opposition papers.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Proposed order

A default-judgment Order to Show Cause must be accompanied by an attorney affidavit or declaration with specified attachments and information, including a conditional Clerk’s Certificate if default is based on failure to answer.

2. The following documents must accompany the Order to Show Cause: A. an attorney’s affidavit or declaration: 1. attaching: a) copies of the pleadings; b) a copy of the affidavit of service of the original summons and complaint; and c) if failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; and 2. setting forth: a) why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; b) 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 liability and/or damages prior to resolution of the entire action (see F.R.C.P. Rule 54(b)); c) the proposed Statement of Damages and the basis for each element of damages including interest, attorney's fees, and costs; and

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rico case statement

The RICO case statement must include the facts supporting the claim and the specified information about statutory subsections, defendants, victims, and alleged racketeering activity.

This statement shall include the facts plaintiff is relying upon to prove this RICO claim. In particular, this statement shall be in a form that uses the numbers and letters as set forth below, and shall provide the following information: 1. State whether the alleged unlawful conduct is in violation of 18 U.S.C. §§ 1962(a), (b), (c), and/or (d). 2. List each defendant and state the alleged misconduct and basis of liability of each defendant. 3. List the alleged victims and state how each victim was allegedly injured. 4. Describe in detail the pattern of racketeering activity or collection of unlawful debts alleged for each RICO claim. A description of the pattern of racketeering shall include the following information: a. List the alleged predicate acts and the specific statutes that were allegedly violated;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rico case statement

For claims based on wire fraud or securities-sale fraud, the statement must plead the circumstances of fraud or mistake with particularity and address the pattern and any common plan.

b. if the RICO claim is based on the predicate offenses of wire fraud, or fraud in the sale of securities, the circumstances of fraud or mistake shall be stated in particularity; c. Describe how the predicate acts form a "pattern of racketeering activity"; and d. State whether the alleged predicate acts relate to each other as part of a common plan. If so, describe.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rico case statement

The RICO case statement must describe each alleged enterprise, including its constituents, structure and purpose, defendants’ relationships to it, and the asserted relationship between defendants and the enterprise.

5. Describe in detail the alleged enterprise for each RICO claim. A description of the enterprise shall include the following information: a. State the names of the individuals, partnerships, corporations, associations, or other legal entities that allegedly constitute the enterprise; b. Describe the structure, purpose, function and course of conduct of the enterprise; c. State whether any defendants are employees, officers or directors of the alleged enterprise; d. State whether any defendants are associated with the alleged enterprise; and e. State whether you are alleging that the defendants are individuals or entities separate from the alleged enterprise, or that the defendants are the enterprise itself, or members of the enterprise.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rico case statement

The RICO case statement must address the relationship between enterprise activities and the racketeering pattern, and the enterprise’s effect on interstate or foreign commerce.

6. Describe the alleged relationship between the activities of the enterprise and how the pattern of racketeering activity differs from the usual and daily activities of the enterprise, if at all. 7. Describe the effect of the activities of the enterprise on interstate or foreign commerce.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rico case statement

If the complaint alleges a violation of 18 U.S.C. § 1962(a), the statement must identify who received the specified income and describe its use or investment.

8. If the complaint alleges a violation of 18 U.S.C. § 1962(a), provide the following information: a. State who received the income derived from the pattern of racketeering activity or through the collection of an unlawful debt; and b. Describe the use of investment of such income.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rico case statement

If the complaint alleges a violation of 18 U.S.C. § 1962(b), the statement must describe the acquisition or maintenance of any interest in or control of the alleged enterprise.

9. If the complaint alleges a violation of 18 U.S.C. 1962(b), describe the acquisition or maintenance of any interest in or control of the alleged enterprise;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Complaint

If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the specified information about the enterprise and the liable person.

10. If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the following information: a. State who is employed by or associated with the enterprise; and b. State whether the same entity is both the liable “person” and the “enterprise” under § 1962(c).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Complaint

If the complaint alleges a violation of 18 U.S.C. 1962(d), describe the alleged conspiracy.

11. If the complaint alleges a violation of 18 U.S.C. 1962(d), describe the alleged conspiracy.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Complaint

Describe the alleged injury to business or property.

12. Describe the alleged injury to business or property.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Complaint

Describe the direct causal relationship between the alleged injury and the RICO violation.

13. Describe the direct causal relationship between the alleged injury and the violation of the RICO statute.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Adjournment or extension request

Must include

proposed order

A request affecting other scheduled dates must include a Proposed Amended Scheduling Order.

If the requested adjournment or extension affects any other scheduled dates, a Proposed Amended Scheduling Order shall be attached to the request.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Memorandum

Memoranda that are 10 pages or longer must contain a table of contents.

Memoranda of 10 pages or more shall contain a table of contents.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Application to redact

Redactions beyond the eleven identified categories require an application filed when the sentencing submission is served, identifying the redaction and explaining its reasons; the application will be addressed at sentencing.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be filed at the time the sentencing submission is served. The application must clearly identify the requested redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Adjournment or extension request

Must include

proposed order

A party seeking a Speedy Trial Act time exclusion must submit a proposed order in Microsoft Word format with its adjournment or extension request.

If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Exhibits

The parties must submit a flash drive with electronic copies of all exhibits at least two business days before trial begins.

At least two business days before the start of trial, the parties shall submit a flash drive containing electronic copies of all exhibits.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Discovery motion

Discovery motions must comply with Southern District Local Criminal Rule 16.1 and include the Rule 16.1 affidavit.

In making discovery motions, counsel must comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Exhibits

At trial’s start, each party must provide two hard copies of the exhibit list and one sequentially assembled set of pre-marked documentary exhibits in one of the specified formats; the Government must also provide Section 3500 material.

At the start of the trial, each of the parties must provide the Court with two hard copies of the exhibit list, and one set of pre-marked documentary exhibits (and Section 3500 material from the government), assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Amended or corrected filing

Amended or corrected filings must include a redline showing all differences from the original.

Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Future court papers and correspondence

After a case is accepted as related, future papers and correspondence must identify both docket numbers.

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., 22-CV-1234 [rel. 21-CV-4321]).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Memorandum

Memoranda of at least 10 pages must include a table of contents and table of authorities, which do not count toward the word limit.

Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the word limit.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Brief

Must include

word count

A brief filed by an attorney or prepared with a computer must include a certificate stating compliance with the word limits and the document’s word count; the certifier may rely on the word-processing program’s count.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion to amend

A motion to amend a pleading must include a redline showing all differences between the operative and proposed amended pleadings.

When moving to amend any pleading, the moving party shall file with the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rule 56 1 opposition statement

An opposing party must reproduce each entry of the moving party’s Rule 56.1 Statement and place its response directly beneath the entry.

Opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Rule 56 1 statement

Each factual assertion in a Rule 56.1 Statement must cite the relied-upon portions of the evidentiary record.

Each factual assertion in Rule 56.1 Statements must be followed by a citation to the portion(s) of the evidentiary record relied upon.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Memorandum of law

Each memorandum of law must include a statement of facts and may not incorporate the entirety of a Rule 56.1 Statement by reference.

Each memorandum of law must include a statement of facts and may not simply incorporate by reference the entirety of a party’s Rule 56.1 Statement.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Proposed protective order

Must include

proposed order

A party seeking a protective order must submit a proposed order that conforms as closely as possible to the Court’s Model Protective Order.

Any party seeking a protective order must submit a proposed protective order that conforms as closely as possible to the Court’s Model Protective Order, which is available on the Court’s public webpage at https://www.nysd.uscourts.gov/hon-jeannette-vargas.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Protective order letter

A party seeking entry of a protective order must file an ECF letter certifying adoption of the Model Protective Order without alteration or explaining the reasons for alterations.

Additionally, the party or parties seeking entry of the protective order must file a letter on ECF either a) certifying that the parties have adopted, without alteration, the Court’s Model Protective Order, or b) if alterations were made, explaining the reasons for such alterations.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Letter motion

The initial discovery letter-motion must provide details of each conference, identify participating attorneys, and state that impasse and anticipated court relief were communicated during the last conference.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint status letter

The parties must file a joint status letter two weeks after fact discovery closes, unless the Court orders another time, addressing the case status, settlement discussion, and consent to mediation or a magistrate judge settlement conference.

Two weeks following the close of fact discovery, or at a time otherwise ordered by the Court, the parties shall file a joint letter updating the Court on the status of the case, including but not limited to confirming that the one-hour settlement discussion occurred and stating whether all parties consent to mediation or a settlement conference to be held before the designated Magistrate Judge.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint status letter

In a case without expert discovery, the letter must identify anticipated dispositive motions and, if applicable, propose a briefing schedule.

In a case without expert discovery, the letter shall notify the Court if any party anticipates filing a dispositive motion, and if so, set forth a proposed briefing schedule for any such motion(s).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint status letter

When the parties conduct expert discovery, counsel must file a joint status letter within one week after expert discovery closes, unless the Court orders another time.

In cases in which the parties conduct expert discovery, no later than one week after the close of expert discovery, or at a time otherwise ordered by the Court, counsel for all parties must file a joint status letter.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint pretrial order

The joint pretrial order must include the information required by Rule 26(a)(3) and the items enumerated by the Court.

The joint pretrial order shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following:

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion in limine

A motion in limine must state that the meet-and-confer process occurred and was unsuccessful.

Any motion in limine must include a representation that the meet and-confer process occurred and was unsuccessful.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion in limine

Each party must file one memorandum of law supporting all of that party’s motions in limine, consistent with Rule 5(A).

Each party must file a single memorandum of law, consistent with Rule 5(A) above, in support of all motions in limine filed by that party.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Voir dire questions

The parties must submit their joint, case-specific proposed voir dire questions in a single document.

The parties shall submit in a single document a set of joint case-specific proposed voir dire questions.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Jury instructions

The parties must submit their joint request to charge in a single document.

The parties shall submit in a single document a joint request to charge.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Jury instructions

Disputed jury-instruction language must be highlighted or readily identifiable in track changes.

For any proposed request to charge on which the parties cannot agree, the disputed language must be highlighted or readily identifiable in track changes.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Verdict form

The parties must submit one joint proposed verdict form that notes disagreements and, where applicable, cites authority supporting each party’s position.

The parties shall submit in a single document a joint proposed verdict form, noting any areas of disagreement between the parties and, if applicable, citing supporting authority in support of the parties’ respective positions.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Proposed findings conclusions

Proposed findings of fact must be detailed and cite anticipated trial testimony and exhibits.

The proposed findings of fact must be detailed and include citations to the anticipated trial testimony and exhibits.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Settlement agreement

To have the Court retain jurisdiction to enforce a settlement agreement, the parties must place its terms on the public record.

If the parties wish that the Court retain jurisdiction to enforce a settlement agreement, the parties must place the terms of their agreement on the public record.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Letter motion

The letter-motion must explain why sealing or redaction is justified under the standards in Section 10(C).

The letter-motion must explain why sealing or redaction is justified in light of the standards discussed in Section 10(C) above.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion

A default-judgment motion must include an attorney affidavit or declaration under Local Civil Rule 55.2(a)(1).

A. an attorney’s affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1);

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Default judgment

Must include

certificate of service

A default-judgment request must include a certificate stating that all supporting documents were personally served on or mailed to the party against whom judgment is sought.

H. a certificate of service stating that all documents in support of the request for default judgment have been personally served on or mailed to the party against whom default judgment is sought, pursuant to Local Civil Rule 55.2(a)(3).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Letter-motion

A discovery-dispute letter-motion must represent that the parties’ good-faith meet-and-confer process was unsuccessful.

Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint letter

The joint case-status letter must address the eight listed topics in separate paragraphs.

The letter should include the following information in separate paragraphs: (1) A statement indicating whether the parties believe that the pretrial conference is unnecessary. If so, the Court may still hold the pretrial conference, although perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available; (2) A statement of all existing deadlines, due dates, and/or cut-off dates; (3) A brief description of any outstanding motions; (4) A brief description of the status of discovery and of any additional discovery that needs to be completed; (5) A list of all prior settlement discussions, including the date, the parties involved, whether any third-party (e.g., Magistrate Judge, mediator, etc.) was involved, and the approximate duration of any such discussions; (6) A statement of whether or how the Court could facilitate settlement of the case (for example, through a(nother) settlement conference before the assigned Magistrate Judge, or as part of the Court’s Mediation Program); (7) A statement of the anticipated length of trial, and whether the case is to be tried to a jury; (8) A statement of whether the parties anticipate filing motions for summary judgment;

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint status letter

The joint status letter must address the listed case deadlines, motions, discovery, settlement, trial, anticipated summary-judgment motions, and other issues in separate paragraphs.

The letter should include the following information in separate paragraphs: (1) A statement of all existing deadlines, due dates, and/or cut-off dates; (2) A brief description of any outstanding motions; (3) A brief description of the status of discovery and of any additional discovery that needs to be completed; (4) A statement describing the status of any settlement discussions and whether the parties would like a settlement conference; (5) A statement of the anticipated length of trial and whether the case is to be tried to a jury; (6) A statement of whether the parties anticipate filing motions for summary judgment, including the basis of any such motion; and (7) Any other issue that the parties would like to address at the pretrial conference or any information that the parties believe may assist the Court in advancing the case to settlement or trial.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Adjournment or extension motion

Must include

proposed order

If an adjournment or extension affects other scheduled dates, attach a proposed Revised Scheduling Order.

If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached to the motion.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Conference appearance

Principal trial counsel must appear at every conference with the Court.

The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Conference appearance

If the Court does not sign and docket the proposed plan and order, the parties must attend the initial pretrial conference.

(By contrast, if the Court does not sign and docket the Proposed Case Management Plan and Scheduling Order, the parties must appear at the initial pretrial conference.)

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Discovery motion

In criminal cases, a discovery motion must contain the affidavit required by Local Criminal Rule 16.1.

In criminal cases – counsel are expected to comply with the Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Memorandum of law

Memoranda of ten pages or more must include a table of contents and a table of authorities.

Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Rule 56 1 response

The opposing party must respond to every allegation in the moving party’s Rule 56.1 Statement.

The opposing party must respond to all of the allegations in the moving party’s 56.1 Statement.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Proposed joint pretrial order

The proposed joint pretrial order must include the information required by Rule 26(a)(3) and the specified additional information.

The proposed joint pretrial order shall include the information required by Fed. R. Civ. P.26(a)(3) and the following:

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Motion to seal

The sealing motion must be publicly filed, state the particular reasons for sealing, and should omit the confidential information sought to be sealed.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Diversity jurisdiction letter

If a party is a corporation, the diversity letter must state its place of incorporation and principal place of business.

Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Diversity jurisdiction letter

If a party is a partnership, limited partnership, LLC, or trust, the diversity letter must state the citizenship of each relevant constituent.

In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Settlement agreement

The parties must file a copy of the settlement agreement for the Court to endorse.

The parties shall file a copy of the settlement agreement for the Court to endorse.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Proposed speedy trial act exclusion order

Must include

proposed order

The prosecutor must prepare and submit a proposed Speedy Trial Act Exclusion Order five days before previously excluded time expires.

It shall be the duty of the prosecutor to prepare and submit to the Court a proposed Speedy Trial Act Exclusion Order five (5) days before the expiration of any previously excluded time.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Sentencing submission

The paper filing of grouped letters must be covered by a document marked SENTENCING MEMORANDUM and clearly state the caption and docket number.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Sentencing submission

The single electronic document must be marked SENTENCING MEMORANDUM and clearly indicate the caption and docket number.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Letter

The defendant must file letters submitted on the defendant’s behalf, including letters from friends and relatives; the Government must file victim letters.

The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Order to show cause

Prepare the default-judgment Order to Show Cause with its conference date and time left blank for the Judge to set.

Prepare an Order to Show Cause for default judgment and make the Order returnable before Judge Wood in Courtroom 26A. Leave blank the date and time of the conference. Judge Wood will set the date and time when she signs the Order.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Order to show cause

The Order to Show Cause must include the specified attorney affidavit, proposed judgment, pleadings, service affidavit, and—when default is based on failure to answer—a Clerk’s no-answer certificate.

Attach the following papers to the Order to Show Cause: attorney’s affidavit setting forth: why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; 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 resolution of the entire action; the proposed damages and the basis for each element of damages including interest, attorney’s fees, and costs; and legal authority for why an inquest would be unnecessary. a proposed default judgment; copies of all of the pleadings; a copy of the affidavit of service of the original summons and complaint; and if failure to answer is the basis for the default, a Certificate from the Clerk of the Court stating that no answer has been filed.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Sentencing memorandum

The cover for a hard-copy letters filing must be marked SENTENCING MEMORANDUM and clearly indicate the caption and docket number.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Sentencing memorandum

The single electronic document containing letters as attachments must be marked SENTENCING MEMORANDUM and clearly identify the caption and docket number.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Sentencing submission

The paper filing cover must be marked “SENTENCING MEMORANDUM” and bear the caption and docket number.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Sentencing submission

The single electronic filing document must be marked “SENTENCING MEMORANDUM” and bear the caption and docket number.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Redaction application

An application for redaction beyond the Privacy Policy categories must be served and filed when the sentencing submission is served and must identify the redaction and explain its reasons.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Pretrial statement

The plaintiff must swear that the Pretrial Statement is true and accurate based on the facts known to the plaintiff.

The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to

Pretrial statement

In a jury trial, represented parties must file proposed voir dire questions, a proposed jury charge, and a proposed verdict form with the Pretrial Statement.

If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Sentencing memorandum

Must include

caption, case number

The single electronically filed sentencing memorandum containing letters must be marked SENTENCING MEMORANDUM and clearly indicate the caption and docket number.

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.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Speedy trial act adjournment or extension request

Must include

proposed order

A party seeking a Speedy Trial Act time exclusion must email the Court a proposed order in Microsoft Word format with its adjournment or extension request.

If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court by e-mail (EngelmayerNYSDChambers@nysd.uscourts.gov) a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Victim letter

The Government is responsible for filing all victim letters.

The Government is responsible for filing all letters from victims.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Adjournment or extension letter motion

An adjournment or extension letter-motion must provide the original dates, history and outcomes of prior requests, the reason, the adversary’s position and any refusal reasons, and the next scheduled court appearance date.

The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties’ next scheduled appearance before the Court.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Letter motion

A defendant’s written bail-modification letter-motion must indicate whether the Government and Pretrial Services Officer consent.

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Bail appeal submission

The appealing party must provide the Court, at least 24 hours before the conference, the bail-argument transcript, written bail submissions from below, and Pretrial Services’ report.

The party that brings the appeal is directed to provide the Court no fewer than 24 hours before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail, and Pretrial Services’ report as to the defendant.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Plea agreement

Defense counsel and the defendant must execute any plea or cooperation agreement before the time set for the plea.

Defense counsel and the defendant shall execute any plea or cooperation agreement prior to the time set for the plea.

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to

Sentencing letter

A party that does not intend to file a substantive sentencing submission must file and serve a letter stating that intention.

If a party does not intend to file a substantive sentencing submission, the part shall file and serve a letter to that effect.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint pretrial order

The parties must submit a Joint Pretrial Order by the Final Pretrial Order date, following the specified rules.

By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned’s Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion in limine

Motions in limine must be filed after discovery closes and by the Final Pretrial Order date.

Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Jury trial submissions

For jury trials, proposed voir dire, jury instructions, and a verdict form must be filed by the Final Pretrial Order date.

If this action is to be tried before a jury, proposed voir dire, jury instructions and verdict form shall also be filed on or before the Final Pretrial Order date.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint jury instructions and verdict form

Counsel must meet and confer on joint proposed jury instructions and a verdict form and note disagreements in the joint submission.

Counsel are required to meet and confer on a joint submission of proposed jury instructions and verdict form, noting any points of disagreement in the joint submission.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Jury instructions

Jury instructions may not be submitted after the Final Pretrial Order date unless they satisfy Fed. R. Civ. P. 51(a)(2)(A).

Jury instructions may not be submitted after the Final Pretrial Order date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Pretrial conference

The attorney who will serve as principal trial counsel must attend every pretrial conference.

All pretrial conferences must be attended by the attorney who will serve as principal trial counsel.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Default judgment

Default-judgment applications will not be accepted without the specified affidavits, certificate of default, complaint, and proposed judgment; an appearing defendant requires an affidavit confirming notice of the application.

Applications will not be accepted absent the following: 1. An affidavit setting forth: a. A description of the nature of the claim; b. The basis for subject matter jurisdiction over the action; c. The basis for personal jurisdiction over the defendant; d. A representation that defendant is not an infant or an incompetent; and e. A representation that notice has been provided in accordance with the requirements set forth above; 2. A certificate of default stating that the defendant was properly served with the complaint and failed to answer/appear, signed and stamped by the Clerk of Court. (If the defendant did appear in the action, the plaintiff must submit an affidavit representing that the defendant has notice of the application for default); 3. An affidavit setting forth reasonable attorneys* fees and showing that attorneys* fees are recoverable; 4. A copy of the complaint; and 5. A proposed form of default judgment.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Default judgment

A default-judgment motion seeking damages must request no more than the complaint’s principal amount, provide calculable supporting information, include an unpaid-judgment affidavit and calculations, and keep any requested interest within the applicable statutory or federal rate; otherwise, damages may be determined by inquest.

If the plaintiff seeks an award of damages in the motion for default judgment, the plaintiff must also include: 1. A request for an amount equal to or less than the principal amount demanded in the complaint; 2. Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. (If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined by an inquest); 3. An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion; 4. If interest is sought, a request for interest on the principal amount not to exceed the New York State statutory rate or the federal rate as applicable; and 5. The calculations made in arriving at the proposed judgment amount.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Proposed case management plan

Parties in pro se cases must use the specified Proposed Case Management Plan template.

The parties shall use the form Proposed Case Management Plan template for Pro Se Cases found at https://www.nysd.uscourts.gov/hon-valerie-figueredo

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Discovery letter motion

Must include

certificate of conference

The discovery Letter-Motion must certify that an in-person or telephonic conference occurred and state its date and time, duration, participants, the adversary’s position on each issue, and that the moving party communicated the impasse and intent to request a Court conference.

Additionally, in the Letter-Motion, the moving party must certify that the required in-person or telephonic conference took place between counsel for the relevant parties and, in particular must state: (1) the date and time of such conference; (2) the approximate duration of the conference; (3) the names of the attorneys who participated in the conference; (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephone conference); and (5) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Memorandum of law

Each motion and opposition must include a memorandum of law with a fact section stating relevant facts and specific citations to separately filed supporting documents; facts may not be supplied by incorporation by reference.

A memorandum of law must accompany all motions and oppositions thereto. See Local Civil Rule 7.1. The memorandum of law must set forth all pertinent facts, which may not be accomplished by incorporating by reference other documents, such as affidavits or statements under Local Civil Rule 56.1. Instead, the memorandum must contain a fact section that sets forth all facts relevant to the motion and, for each factual statement, provides one or more citations (with specific page or paragraph numbers) to pleadings, declarations, affidavits, or other documents that have been separately filed.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Memorandum of law

Memoranda of at least 10 pages must include a table of contents and a table of authorities.

Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Summary judgment motion

A party seeking summary judgment against a pro se litigant must comply with Local Civil Rule 56.2’s notice requirements.

Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements for Local Civil Rule 56.2.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Pretrial statement

In pro se cases, each party must file its own Pretrial Statement within 30 days after discovery is completed, and no Joint Pretrial Order is required.

d. Pro Se Cases. No Joint Pretrial Order is required in pro se cases. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Pretrial statement

A pro se party’s Pretrial Statement must concisely state the facts to be proved and list planned evidence and trial witnesses with their addresses.

The pro se party’s Pretrial Statement must be concise and contain the following: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Pretrial statement

The party must swear that the Pretrial Statement is true and accurate based on the facts known to the party.

The Pretrial Statement must be sworn by the party to be true and accurate based on the facts known by the party.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Pretrial statement

The original Pretrial Statement must state the date its copy was mailed to another party or that party’s attorney.

The original Pretrial Statement must indicate the date a copy was mailed to another party or that party’s attorney.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Jury case pretrial submission

In jury cases, the parties must jointly file proposed jury instructions and voir dire questions, and a proposed verdict form when applicable.

In jury cases, the parties must jointly file (a) proposed jury instructions, (b) proposed voir dire questions, and (c) where applicable, a proposed verdict form.

Checked against the court's document on Oct 1, 2026CRITICAL

Applies to

Proposed findings conclusions

In nonjury cases, the parties must file proposed findings of fact and conclusions of law.

In nonjury cases, parties must file proposed findings of fact and conclusions of law.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint settlement letter

Counsel and unrepresented parties must meet to discuss settlement within 14 days after fact discovery, and file a joint settlement letter within 21 days stating whether they propose any of the listed ADR mechanisms.

Within 14 days after the completion of fact discovery, counsel and any unrepresented parties must meet to discuss settlement. The parties must file a joint letter concerning settlement within 21 days after the completion of fact discovery. The letter must include a statement as to whether the parties propose using any of the following alternative dispute resolution mechanisms: (i) a settlement conference with the Court; (ii) participation in the Court’s Mediation Program; and/or (iii) retention of a private mediator.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Joint pretrial order

Unless the Court orders otherwise, the parties must submit a proposed Joint Pretrial Order within 30 days after discovery is complete, or, if a summary judgment motion was filed, within 30 days after the motion is decided.

Unless otherwise ordered by the Court, the parties must submit a proposed Joint Pretrial Order for approval within 30 days after the date for the completion of all discovery, or, if a summary judgment motion has been filed, within 30 days after a decision on the motion.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Document production

The producing party must separately identify by production number the documents corresponding to each production category.

The producing party shall separately identify by production number the documents that correspond to each category set forth in this paragraph.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Joint submission

The parties must not include argument in the joint submission.

In this joint submission, the parties shall not provide argument.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Declaration

Declarations must not contain legal argument or be used to evade the briefing word limits.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Joint appendix

Materials that otherwise would be submitted in an appendix must be submitted in a Joint Appendix.

If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Joint claim construction brief

The Joint Claim Construction Brief must include citations to intrinsic evidence.

Citations to intrinsic evidence shall be set forth in the Joint Claim Construction Brief.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Meet and confer letter

If the meet and confer produces no agreement or narrows no dispute, the letter must say so and the parties need not file an amended chart.

If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Sur reply

Sur-reply memoranda are not accepted without the Court's prior permission.

Sur-reply memoranda will not be accepted unless the Court’s prior permission has been obtained.

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Proposed pretrial order

The proposed joint pretrial order must state whether all parties consent to magistrate-judge trial without identifying which parties consented.

A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Deposition transcript

The designating party must provide a transcript with designations and counter-designations clearly marked, if possible in different highlighting colors, and succinct objections in the margin beside portions identified by a vertical line.

The party designating deposition testimony will be responsible for providing a transcript with its designations clearly marked (if possible by highlighting in one color); the other side’s counter-designations clearly marked (if possible by highlighting in another color); and any objections succinctly set forth (e.g., “hearsay,” “relevance,” “403”) in the margin next to the objected-to portion, which shall be identified by a vertical line.

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Proposed pretrial order

The proposed joint pretrial order must list each party’s case-in-chief exhibits, marking exhibits with no authenticity objection with one star and exhibits with no objection on any ground with two stars.

A list by each party of exhibits to be offered in its case in chief, with one star indicating exhibits to which no party objects on grounds of authenticity, and two stars indicating exhibits to which no party objects on any ground.

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Sentencing submission

Must include

caption, case number

If counsel’s arguments are in a letter, the submission should have a cover bearing the caption and docket number and identifying it as a “Sentencing Memorandum.”

If the arguments of counsel are contained in a letter, the submission should nevertheless bear a cover, with the caption and docket number, indicating that it is a “Sentencing Memorandum.”

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Letter

In a multi-defendant criminal matter, a letter concerning only one defendant must identify that defendant’s individual docket number and name.

In multi-defendant criminal matters, letters that pertain only to an individual defendant shall identify the docket number specific to that individual defendant (e.g., 1:14-cr-12345-01) and include the defendant's name.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Fax

A fax must identify the authorizing Chambers staff member, and copies must be faxed or delivered to all parties at the same time.

All faxes must clearly identify the person in Chambers who authorized the sending of the fax and copies must simultaneously be faxed or delivered to all parties.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Plea agreement

Before the plea date, defense counsel are expected to review any Pimentel letter or agreement with the defendant, using an interpreter if necessary.

Prior to the date set for the plea, defense counsel are expected to have reviewed with the defendant—if necessary, with the assistance of an interpreter—any Pimentel letter or plea, cooperation, or other agreement.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Plea agreement

Defense counsel and the defendant should execute any plea or cooperation agreement before the scheduled plea time.

Defense counsel and the defendant should execute any plea or cooperation agreement prior to the time set for the plea.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Allocution

Before a guilty plea, the defendant should be prepared to give a narrative allocution incorporating every element of the offense.

The defendant should also be prepared in advance of a guilty plea to give narrative allocutions that incorporate all of the elements of the offense(s) to which the defendant is pleading guilty.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Proposed stipulation or order

Parties should not submit proposed stipulations or orders that purport to extend deadlines.

Parties should not submit proposed stipulations or proposed orders purporting to extend deadlines.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Request

Requests for adjournments, extensions, and pre-motion conferences, including those concerning discovery disputes, should be filed as letter-motions.

In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Pleading

If the non-moving party elects not to amend, the motion proceeds normally and the Court is unlikely to provide another opportunity to amend in response to deficiencies apparent from the fully briefed motion.

If the non-moving party elects not to file an amended pleading, the motion will proceed in the regular course, and the Court is unlikely to grant the non-moving party a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in the moving party’s motion.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Memorandum of law

Factual assertions in memoranda of law should cite underlying record evidence, not the Rule 56.1 Statement.

Moreover, all factual assertions in memoranda of law should be supported by citations to the underlying record evidence, not to the Rule 56.1 Statement.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Protective order letter

If a proposed protective order deviates from the Model Protective Order, the parties should attach a blackline showing all changes to the letter.

If the proposed protective order does deviate from the Model Protective Order, the parties should include as an attachment to the letter a blackline showing all changes.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Joint status letter

The joint status letter should not identify any party that declined to consent.

The letter should not identify any party that has declined to consent.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Voir dire questions

For disputed voir dire questions, each party should clearly state its proposed question and briefly explain why the Court should use it.

For any disputes, each party should clearly set forth its proposed question and briefly state why the Court should use it.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Voir dire questions

Unless good cause exists, proposed voir dire questions should be limited to questions unique to the facts of the case.

Absent ===== PAGE 14 ===== good cause, proposed voir dire questions should include only those questions unique to the facts of the case being tried.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Jury instructions

Each proposed jury instruction should cite its supporting authority.

Each proposed request to charge should cite to the supporting authority from which it is derived.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Jury instructions

Unless good cause exists, parties should omit proposed language for standard instructions because the Court is likely to use its own.

Absent good cause, the parties should not include proposed language for standard instructions (about, for example, the role of the Court and the jury, the standard of proof, what is evidence, etc.), as the Court is likely to use its own standard instructions.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Jury instructions

The parties should include a list of standard instructions they believe are appropriate for the Court to give.

The parties should, however, include a list of standard instructions that they believe are appropriate for the Court to give in the case.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Settlement agreement

The Court will not retain jurisdiction to enforce confidential settlement agreements.

The Court will not retain jurisdiction to enforce confidential settlement agreements.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Letter motion

If the party seeks to seal or redact the letter-motion itself, it should say so and provide the justification.

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.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Letter motion

Unless the Court orders otherwise, letter-motions seeking leave to file differently must comply with Section 3(A).

Unless otherwise ordered by the Court, letter-motions seeking leave to file in a different manner shall comply with Section 3(A).

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Court order

The required order must be shown when the equipment is brought into the Courthouse.

The Order must be shown upon bringing the equipment into the Courthouse.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Interrogatories

Interrogatories other than those specified are prohibited without the Court’s prior express permission.

No other interrogatories are permitted except upon prior express permission of the Court.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Protective order

Must include

proposed order

If the parties believe a protective order is warranted, they should file an agreed-upon proposed order.

[If the parties believe that a protective order is warranted, they should file an agreed-upon proposed order.

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Applies to

Court papers and correspondence

Must include

case number

After a case is accepted as related, all future papers and correspondence must include both docket numbers.

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., 11 Civ 1234 [rel. 10 Civ. 4321]).

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Letter motion

Requests for adjournments, extensions, and pre-motion conferences concerning discovery disputes should be filed as letter-motions.

In particular, all requests for adjournments, extensions and pre-motion conferences with respect to discovery disputes should be filed as letter-motions.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Proposed jury instructions

Each proposed jury instruction must be followed by citations to its supporting authorities when available.

Each jury instruction shall be followed by citations, if available, to the authorities from which it derives.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Proposed findings of fact

Proposed findings of fact must be detailed and cite the proffered trial testimony and exhibits.

The proposed findings of fact must be detailed and include citations to the proffered trial testimony and exhibits.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Deposition synopsis

Each deposition synopsis must cite the pertinent transcript pages.

Each synopsis shall include page citations to the pertinent pages of the deposition transcripts;

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Bankruptcy appeal brief

Bankruptcy appeal briefs must comply with Federal Rules of Bankruptcy Procedure 8015–8018.

Briefs must be submitted in accordance with Fed. R. Bankr. P. 8015-18.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Application to redact

A redaction application should identify the proposed redaction, explain its reason, and, if applicable, state when sealing will no longer be needed.

The application should clearly identify the redaction and explain the reason for the redaction, and, if applicable, the date or event after which sealing is no longer needed.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Application

The redaction application should clearly identify the redaction and explain its reasons.

The application should clearly identify the redaction and explain the reasons for the redaction.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Adjournment or extension request

Must include

proposed order

When a request affects other scheduled dates, represented parties must submit a proposed Revised Scheduling Order, while pro se parties may submit one but are not required to.

If the requested adjournment or extension affects any other scheduled dates, a represented party must submit a proposed Revised Scheduling Order in accordance with Judge Furman’s Individual Rules and Practices in Civil Cases. A pro se party may, but is not required to, submit a proposed Revised Scheduling Order.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Summary judgment motion

Include the deposition index with any deposition supplied in connection with a summary judgment motion if the index is available.

With respect to any deposition that is supplied, whether in whole or in part, in connection with a summary judgment motion, the index to the deposition should be included if it is available.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Redaction application

The redaction application should identify the redaction and explain the reasons for it.

The application should clearly identify the redaction and explain the reasons for the redaction.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Plea preparation

Before the plea date, defense counsel is expected to review relevant letters and agreements with the defendant, using an interpreter if necessary.

Prior to the date set for the plea, defense counsel is expected to have reviewed with the defendant – if necessary, with the assistance of an interpreter – any Pimentel letter or plea, cooperation, or other agreement.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Allocution

The defendant should prepare in advance to give a narrative allocution incorporating every element of the offense or offenses to which the defendant will plead guilty.

The defendant should also be prepared in advance of a guilty plea to give a narrative allocution that incorporates all of the elements of that offense(s) to which the defendant is pleading guilty.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Requests to charge

Unless there is good reason, parties should omit proposed language for standard instructions, list the standard instructions they consider appropriate, and focus proposed charge requests on case-specific matters.

Absent good reason, the parties should not include proposed language for standard instructions (about, for example, the role of the Court and the jury, the standard of proof, etc.), as the Court is likely to use its own standard instructions; instead, the parties should include a list of standard instructions that they believe are appropriate and focus their attention on case-specific requests to charge.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Application to redact

The redaction application should identify the redaction and explain the reasons for it.

The application should clearly identify the redaction and explain the reasons for the redaction.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to

Electronic device use

Failure to comply may result in forfeiture of the device for the remainder of the proceedings.

Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Proposed findings conclusions

For a bench trial, proposed findings of fact and conclusions of law should be submitted by the Final Pretrial Order date.

If this action is to be tried to the Court, proposed findings of fact and conclusions of law should be submitted on or before the Final Pretrial Order date.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Court conference

Counsel must appear promptly at the specifically scheduled time for each Court conference.

All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time, and counsel are directed to appear promptly.

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Filing citing unreported case

Citations to unreported cases must be to Westlaw.

When citing unreported cases, citations shall be to Westlaw.

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Filing citing ecf document

Citations to documents filed on ECF must include both the ECF docket number and ECF page number.

Citations to all documents filed on ECF must include the ECF docket number and ECF page number.

Checked and corrected to match the court's document on Oct 1, 2026WARNING

Applies to

Protective order request

Must include

proposed order

Parties may request a different protective order by filing an ECF letter request with a proposed order that shows the differences in a blackline comparison.

provided, however, the parties may apply for a protective order that differs from ===== PAGE 4 ===== the Court’s model by submitting a letter request via ECF and attaching the proposed order showing in a blackline comparison how the proposed order differs from the Court’s model.

Checked against the court's document on Oct 1, 2026WARNING

Applies to

Jury case pretrial submission

If a party objects to a requested jury charge, voir dire question, or verdict form, the joint submission should include the objection grounds or a reference to the joint pretrial memorandum and the party’s proposed alternative.

To the extent a party objects to another party’s requested jury charge, voir dire questions, or verdict form, the joint submission should include the objecting party’s (1) grounds for objection (or refer to the joint pretrial memorandum for a full discussion of the objection), and (2) proposed alternative.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Joint pretrial order

The proposed Joint Pretrial Order and other required pretrial documents must comply with Judge Reznik’s Individual Practices.

The proposed Joint Pretrial Order must be prepared in accordance with Judge Reznik's Individual Practices, and the parties must also comply with Judge Reznik's Individual Practices with respect to the filing of other required pretrial documents.

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to

Joint claim construction brief

Parties may cite extrinsic evidence as they deem necessary, but the Court will review it only if intrinsic evidence does not permit construction of the disputed terms.

Citations to expert declarations and other extrinsic evidence may be made in the Joint Claim Construction Brief as the parties deem necessary, but the Court will review such extrinsic evidence only if the Court is unable to construe the disputed claim terms based on the intrinsic evidence.

Checked against the court's document on Oct 4, 2026INFO

Applies to

Moving opposing or reply papers

A party may request oral argument by letter when filing its moving, opposing, or reply papers.

Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed.

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to

Memorandum

A party may request oral argument by placing “ORAL ARGUMENT REQUESTED” on the memorandum’s cover page.

A party may request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law.

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to

Letter

A party may file a short letter, not a letter-motion, explaining why oral argument would benefit the Court when the reason is not apparent from the briefing.

If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a short letter—not a letter- motion—explaining the reason(s).

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to

Proposed protective order

The Court disfavors modifications to its Model Protective Order.

The Court disfavors modifications to the Court’s Model Protective Order.

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to

Deposition

A party’s status as plaintiff or defendant does not establish deposition priority.

There is no priority in deposition by reason of a party’s status as a plaintiff or a defendant.

Checked against the court's document on Oct 4, 2026INFO

Applies to

Rule 56 1 counterstatement

An opposing party may add factual allegations beyond the moving party’s statement by placing them at the end of its Rule 56.1 Response as a Counterstatement.

An opposing party wishing to make additional factual allegations, beyond those made by the moving party in the 56.1 Statement and responded to by the opposing party in the 56.1 Response, may do so by including those additional factual allegations at the end of a 56.1 Response (a “56.1 Counterstatement”).

Checked against the court's document on Oct 4, 2026INFO

Applies to

Conference transcript

The Court will send the conference transcript to the incarcerated party.

The Court will also send a transcript of the conference to the incarcerated party.

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Civil cases

Applies to

Letter

Prior to any appearance before, or application made to, Judge Vargas in any civil matter in which the United States Attorney or an attorney from the U.S. Department of Justice represents a party—or in any event, no later than ten (10) calendar days from the assignment of any such matter to Judge Vargas—the Government attorney 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.

Summary: Government attorneys must file a docket letter indicating whether the matter falls within the recusal parameters before any appearance or application before Judge Vargas, or no later than 10 calendar days from assignment.

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Civil cases

Applies to

Letter

Must include

certificate of conference ?

Such a letter must include a representation that the meet- and-confer process occurred and was unsuccessful.

Summary: A discovery dispute letter to the Court must include a representation that the meet-and-confer process occurred and was unsuccessful.

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Civil cases

Applies to

Joint status letter ?

The letter should include the following information in separate paragraphs: (1) A statement of all existing deadlines, due dates, and/or cut-off dates; (2) A brief description of any outstanding motions; (3) A brief description of the status of discovery and of any additional discovery that needs to be completed; (4) A statement describing the status of any settlement discussions and whether the parties would like a settlement conference; (5) A statement of the anticipated length of trial and whether the case is to be tried to a jury; (6) A statement of whether the parties anticipate filing motions for summary judgment, including the basis of any such motion; and (7) Any other issue that the parties would like to address at the pretrial conference or any information that the parties believe may assist the Court in advancing the case to settlement or trial.

Summary: The joint status letter must include seven topics in separate paragraphs: existing deadlines, outstanding motions, discovery status, settlement discussions, trial length and jury status, anticipated summary judgment motions, and any other issues to address at the conference.

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Applies to

Letter

No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether.

Summary: At least one week before a criminal appearance, counsel must confer and submit a letter on telephone/video proceedings and the defendant's consent or waiver.

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Civil cases

Applies to

Memorandum of law ?

Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.

Summary: Memoranda of 10 or more pages must contain a table of contents and a table of authorities, which do not count against the page limit.

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Civil cases

Applies to

Sur reply memorandum ?

The service and/or filing of any sur-reply memoranda, without prior permission of the Court, will be deemed a nullity.

Summary: Sur-reply memoranda may not be served or filed without prior permission of the Court, and unauthorized sur-replies are deemed a nullity.

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Civil cases

Applies to

Discovery motion ?

Discovery disputes are not to be raised by motion unless directed by the Court.

Summary: Discovery disputes may not be raised by motion unless the Court directs it.

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Civil cases

Applies to

Rule 56 1 statement ?

A party represented by counsel must submit a Rule 56.1 statement of material fact either in support of, or in opposition to a Rule 56 Summary Judgment Motion. See Fed. Rul. Civ. Pro. 56. The Rule 56.1 statement of material fact shall include proper citation(s) in support of the factual contention asserted.

Summary: A represented party must submit a Rule 56.1 statement of material fact in support of or opposition to a Rule 56 motion, with proper citations supporting each factual contention.

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Civil cases

Applies to

Notice of appearance

Counsel for all parties must file a notice of appearance in this Court promptly upon removal.

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Civil cases

Applies to

Summary judgment papers ?

Parties submitting papers in support of or in opposition to a motion for summary judgment shall submit only those exhibits necessary to decide the motion and should not submit, for example, entire deposition transcripts or every exhibit used at a deposition. The Court may strike documents that do not comply with these rules.

Summary: Summary judgment papers must include only the exhibits necessary to decide the motion, and the Court may strike non-complying documents.

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Civil cases

Applies to

Default judgment

A plaintiff seeking a default judgment shall proceed by way of an order to show cause pursuant to the procedure set forth in Attachment A.

Summary: A plaintiff seeking a default judgment must proceed by order to show cause under the procedure in Attachment A.

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Civil cases

Applies to

Joint pretrial order

Must include

caption ?

The joint pretrial order shall include the information required by Federal Rule of Civil Procedure 26(a)(3) and the following:

Summary: The joint pretrial order must include the FRCP 26(a)(3) information plus twelve specified items, including the full caption, trial counsel information, jurisdiction statements, claims/defenses summaries, jury and magistrate-consent statements, stipulations, witness and exhibit lists with objection notation, deposition designations, damages statement, and unanimity-consent statement.

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Civil cases

Applies to

Deposition synopsis ?

Each synopsis shall include page citations to the pertinent pages and lines of the deposition transcripts.

Summary: Each deposition synopsis must include page citations to the pertinent pages and lines of the deposition transcripts.

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Civil cases

Applies to

Any document submitted to court ?

Must include

ai disclosure ?

Any party utilizing an AI tool in drafting a document which is to be submitted to the Court must inform the Court of its use and identify which portion of the document was created or generated with the use of the AI tool.

Summary: Any party that uses an AI tool in drafting a document submitted to the Court must disclose the AI use and identify which portions of the document were AI-generated.

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Civil cases

Applies to

Order to show cause

Prepare an Order to Show Cause for default judgment and make the Order returnable before Judge Román in Courtroom 218. Leave blank the date, time and location of the conference. Judge Román will set the date and time when he signs the Order and will determine whether the conference will be held in-person or telephonically.

Summary: Default judgment must be sought via an Order to Show Cause made returnable before Judge Román in Courtroom 218, with the conference date, time, and location left blank for the Judge to set upon signing.

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Civil cases

Applies to

Attorney affidavit ?

A. An attorney's affidavit setting forth: i. The basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; ii. The procedural history beyond service of the summons and complaint, if any; iii. 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 resolution of the entire action; iv. The proposed damages and the basis for each element of damages, including interest, attorney's fees, and costs; and v. Legal authority for why an inquest into damages would be unnecessary; vi. Copies of the pleadings and proof of service.

Summary: The attorney's affidavit supporting a default judgment must set forth the basis for default (including service method and date), procedural history, whether partial default on damages is appropriate, proposed damages with basis for each element, legal authority for why an inquest is unnecessary, and copies of the pleadings and proof of service.

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Civil cases

Applies to

Default judgment motion ?

Must include

proposed order ?

B. A proposed default judgment.

Summary: A proposed default judgment must be included among the supporting papers filed with the Order to Show Cause.

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Civil cases

Applies to

Default judgment motion ?

C. A copy of the affidavit of service of the summons and complaint;

Summary: A copy of the affidavit of service of the summons and complaint must be included with the default judgment supporting papers.

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Civil cases

Applies to

Default judgment motion ?

D. If failure to answer is the basis for the default, the moving party must obtain a Certificate of Default from the Clerk of Court stating that no answer has been filed. Please review the Southern District of New York's Electronic Case Filing Rules & Instructions, Section 16.1, on obtaining a Clerk's Certificate of Default.

Summary: When failure to answer is the basis for the default, the moving party must obtain a Certificate of Default from the Clerk of Court stating that no answer has been filed, per SDNY ECF Rules & Instructions Section 16.1.

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Civil cases

Applies to

Certification of return destruction ?

If a disclosing party makes a claim of inadvertent disclosure, the receiving party shall, within five business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed.

Summary: Within five business days of an inadvertent disclosure claim, the receiving party must return or destroy the information and provide a certification of counsel.

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Civil cases

Applies to

Certification of return destruction ?

In either event, by the 60-day deadline, the recipient must certify its return or destruction by submitting a written certification to the Producing Party that affirms that it has not retained any copies, abstracts, compilations, summaries, or other forms of reproducing or capturing any of the Confidential Discovery Material.

Summary: Within 60 days of final disposition, recipients of confidential material must submit a written certification of return or destruction to the Producing Party.

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Applies to

Affidavit of service

Prior to the return date, file through on ECF: (1) an Affidavit of Service, reflecting that the defendant was served with a conforming copy of the Order to Show Cause and supporting papers; and (2) the supporting papers.

Summary: Prior to the return date, file an Affidavit of Service reflecting service of the Order to Show Cause and supporting papers, along with the supporting papers, via ECF.

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Applies to

Proposed judgment

Prior to the return date, file the proposed judgment on ECF for the Clerk's approval. The proposed judgment shall be approved by the Clerk prior to the conference and then brought to the conference for the Judge's signature.

Summary: Prior to the return date, file the proposed judgment on ECF for the Clerk's approval; it must be approved by the Clerk before the conference and brought to the conference for the Judge's signature.

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Criminal cases

Applies to

Pre plea submission ?

At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to WillisCriminalDuty@nysd.uscourts.gov.

Summary: A pre-plea submission must include the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count.

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Applies to

Discovery letter motion ?

Such letter motion must state when the meet-and-confer occurred.

Summary: A discovery dispute letter motion must state when the meet-and-confer occurred.

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Applies to

Memorandum ?

Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the word limit.

Summary: Memoranda of 10 or more pages must contain a table of contents and a table of authorities, neither of which counts against the word limit.

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Applies to

Summary judgment motion ?

Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements of Local Civil Rule 56.2.

Summary: A party moving for summary judgment against a pro se litigant must comply with the notice requirements of Local Civil Rule 56.2.

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Applies to

Pretrial statement

In pro se cases, no Joint Pretrial Order is needed. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement.

Summary: In pro se cases, no Joint Pretrial Order is required; instead, each party must file its own Pretrial Statement within 30 days after completion of discovery.

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Applies to

Motion to dismiss ?

Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, counsel must serve and file the notice set forth in Local Civil Rule 12.1.

Summary: Counsel moving to dismiss or for judgment on the pleadings against a pro se litigant that refers to matters outside the pleadings must serve and file the Local Civil Rule 12.1 notice.

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Applies to

Motion

to Judge Willis, the moving Party shall submit an Excel sheet including the relevant calculations. An Excel sheet is required even if the motion was already submitted to a District Judge. Excel sheets are required for the following motions: 1) Inquests on Damages 2) Motions for Attorney's Fees 3) FLSA Damages 4) IDEA Reimbursements.

Summary: For motions for inquests on damages, attorney's fees, FLSA damages, and IDEA reimbursements, the moving party must submit an Excel sheet with the relevant calculations to Judge Willis, even if the motion was already submitted to a District Judge.

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Applies to

Proposed case management plan

Before the Initial Case Management Conference, parties must meet and confer on a discovery plan. One week before the scheduled conference, the parties shall file on ECF a Proposed Case Management Plan and Report of Rule 26(f) Meeting. Parties shall use the template available at https://nysd.uscourts.gov/hon-jennifer-e-willis.

Summary: Parties must meet and confer on a discovery plan and file a Proposed Case Management Plan and Report of Rule 26(f) Meeting on ECF one week before the Initial Case Management Conference, using the Court's template.

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Applies to

Proposed case management plan

If any party is pro se, parties shall use the Proposed Case Management Plan for Pro Se Cases template available at https://nysd.uscourts.gov/hon-jennifer-e-willis.

Summary: If any party is pro se, the parties must use the Proposed Case Management Plan for Pro Se Cases template from the Court's website.

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Applies to

Joint pretrial order

Must include

caption

In general, except in pro se cases, a Joint Pretrial Order shall include the following: a. The full caption of the action; b. The name, address, telephone number and email of each principal member of the trial team; c. A list of each claim and defense that will be tried and identification of the governing law (including applicable regulations) governing each such claim and defense; d. If applicable, a list of any claims and defenses asserted in the pleadings that are not to be tried; e. A list by each party of its trial witnesses that it, in good faith, expects to present, with an indication of whether the witnesses will testify in person or by deposition and the general subject area of the witness's testimony and anticipated length of time needed for each witness; f. A statement as to how and when the parties will give notice to each other of the order of their trial witnesses and, if the parties cannot agree, the parties' statement that they will agree to the Court's default rule (i.e. that the parties shall advise each other by no later than 48 hours before the start of trial as to the order of their witnesses); g. A list by each party of exhibits that it, in good faith, expects to offer in its case in chief, together with any specific objections thereto; h. All stipulations or statements of fact or law on which the parties have agreed; i. A proposed schedule by which the parties will exchange demonstratives that the parties intend to use at trial, notify each other of any objections thereto, consult with each other regarding those objections, and notify the Court of any remaining disputes; j. Proposed voir dire questions;

Summary: Except in pro se cases, the Joint Pretrial Order must include the caption, trial team contact information, claims and defenses with governing law, witness and exhibit lists, stipulations, a demonstratives exchange schedule, and proposed voir dire questions.

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Applies to

Pretrial statement

The pro se party's Pretrial Statement need take no particular form, but must be concise and contain: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial.

Summary: The pro se Pretrial Statement may take any form but must be concise and contain a statement of facts to be proven, a list of documents/objects to be offered in evidence, and a list of the names and addresses of all trial witnesses.

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Applies to

Pretrial statement ?

The Statement must be sworn by the party to be true and accurate based on the facts known by the party.

Summary: The pro se Pretrial Statement must be sworn by the party as true and accurate based on the facts known to the party.

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Applies to

Request for conference ?

Counsel should include the same information in any request for a conference or other proceeding.

Summary: Requests for a criminal conference or other proceeding must include the same telephone/video and consent/waiver information.

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Civil cases

Applies to

Court papers and correspondence

Must include

case number ?

After an action has been accepted as related to a prior filed action, all future court papers and correspondence must contain the docket number of the new action as well as the docket number of the related case (e.g., 11 Civ. 1234 [rel. 10 Civ. 4321]).

Summary: After a related-case assignment, all future court papers and correspondence must include both the new action's docket number and the related case's docket number.

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Civil cases

Applies to

Formal application

Must include

proposed order

All proposed orders that parties wish the Court to sign should be submitted as attachments or exhibits to an appropriate formal application to the Court seeking the endorsement of such order.

Summary: Proposed orders should be submitted as attachments or exhibits to a formal application seeking the Court's endorsement.

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Civil cases

Applies to

Proposed voir dire

The parties proposed voir dire should include a paragraph (preferably one agreed upon by the parties and designated as such) for the Court to use during jury selection which provides a brief explanation of the case. If the parties cannot agree to a paragraph after good faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective submissions.

Summary: Proposed voir dire must include a paragraph briefly explaining the case for use during jury selection, preferably agreed upon and designated as such; absent agreement after good faith efforts, each party's designated proposed paragraph must appear in its respective submission.

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Civil cases

Applies to

Proposed findings of fact

The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

Summary: Proposed findings of fact must be detailed and include citations to the proffered trial testimony and exhibits because there may be no opportunity for post-trial submissions.

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Civil cases

Applies to

Non disclosure agreement

Before disclosing any Confidential Discovery Material to any person referred to in subparagraphs 7(d), 7(f), or 7(g) above, counsel must provide a copy of this Order to such person, who must sign a Non-Disclosure Agreement in the form annexed as an Exhibit hereto stating that he or she has read this Order and agrees to be bound by its terms. Said counsel must retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing counsel either before such person is permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first.

Summary: Before disclosing confidential material to certain persons, counsel must obtain a signed Non-Disclosure Agreement and retain it in escrow for production to opposing counsel.

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Criminal cases

Applies to

Warrant application cover email ?

The cover email should specify the time that the agent and AUSA are available to swear out the complaint or affidavit.

Summary: The cover email for a warrant application must state when the agent and AUSA are available to swear out the complaint or affidavit.

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Applies to

Summary judgment brief ?

Moreover, in their own briefs, the Parties should detail the facts that they are relying upon in the facts section of their brief, and should not simply refer to their Local Civil Rule 56.1 submissions or assume the Court has sufficient familiarity with the facts of the case.

Summary: Summary judgment briefs must detail the relied-upon facts in the facts section rather than merely referring to Local Civil Rule 56.1 submissions.

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Applies to

Motion

G. Motions Requiring Submission of an Excel Sheet. When a Party submits any of the following motions to Judge Willis, or within fourteen days of the referral of such a motion

Summary: Certain enumerated motions require submission of an Excel sheet when submitted to Judge Willis or within fourteen days of referral (the list of motions continues beyond this excerpt).

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Applies to

Letter

A letter should also be filed on the docket providing the date and time the Excel sheet was emailed.

Summary: A letter must be filed on the docket providing the date and time the Excel sheet was emailed to Chambers.

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Applies to

Protective order

In cases where confidential information will be exchanged, the parties may utilize the Court's model Protective Order, available at https://nysd.uscourts.gov/hon-jennifer-e-willis. Should the parties apply for a protective order that differs from the Court's model, the parties should attach the proposed order showing a comparison of how the proposed order differs from the Court's model.

Summary: Parties may use the Court's model Protective Order, and any proposed protective order that differs from the model must be submitted showing a comparison of how it differs from the Court's model.

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Applies to

Joint pretrial order ?

k. Proposed jury instructions; l. Proposed verdict sheet; m. The estimated length of trial; and n. All other matters that the Court may have ordered or that the parties believe are important to the efficient conduct of the trial, such as bifurcation or sequencing of issues to be tried, anticipated in limine motions, and any technology needed for trial.

Summary: The Joint Pretrial Order must address proposed jury instructions, a proposed verdict sheet, the estimated length of trial, and other matters such as bifurcation, anticipated in limine motions, and trial technology (list continued from prior page).

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Civil cases

Applies to

Privilege log

The parties also are advised that to the extent there is a dispute about privilege, the Court expects that privilege log to be submitted in excel format with hyperlinks to any in camera documents for review and columns addressing author, recipients, attorney designations, privilege asserted, subject matter of communication, explanation for privilege.

Summary: Privilege logs must be submitted in Excel format with hyperlinks to in camera documents and columns for author, recipients, attorney designations, privilege asserted, subject matter, and explanation.

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Pro se cases

Applies to

Proposed case management plan ?

I understand my obligation to preserve – and am preserving – relevant information.

Summary: The proposed case management plan must include an acknowledgment that the party understands and is fulfilling their obligation to preserve relevant information.

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Applies to

Exhibits

Must include

exhibit list ?

All exhibits must be marked prior to the session of the trial at which they are to be introduced. No trial time will be used for this purpose.

Summary: Exhibits must be pre-marked before trial session begins.

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Applies to

Exhibit list

Must include

exhibit list

Each counsel must provide to the Court three copies of his or her final exhibit list.

Summary: Three copies of final exhibit list required for Court.

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Applies to

Exhibits

Must include

chambers copy ?

Counsel must give a copy of each exhibit to the Court before using it at trial.

Summary: Court copy of each exhibit required before trial use.

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Applies to

Exhibits

Must include

chambers copy, exchange with opposing counsel ?

Counsel must exchange copies of their trial exhibits and provide a set for use by the Court before trial begins (see applicable scheduling orders and/or Judge Swain's Individual Practices Rules).

Summary: Exchange exhibit copies with opposing counsel before trial.

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Applies to

Exhibits ?

Must include

jury copies, witness copies, court reporter copies +2 more ?

On the day of trial, counsel must bring additional pre-marked copies for use by witnesses, the Courtroom Deputy, the Court Reporter, opposing parties and (if applicable) the jury.

Summary: Additional exhibit copies required for witnesses, deputy, reporter, opposing parties, and jury.

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Applies to

Depositions

Must include

chambers copy ?

Counsel must also provide copies to the Court of any depositions which are intended to be offered, in whole or part, into evidence.

Summary: Court copies required for depositions offered into evidence.

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Applies to

Letter motion

Must include

original date, number of previous requests, previous requests granted or denied ?

The letter-motion must state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these

Summary: Letter-motions for adjournment/extension must state original date, number of previous requests, and whether previous requests were granted.

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Applies to

Motion

Must include

local rule certificate ?

Compliance with the certification requirement of subdivision b. below is, however, required for all civil case motions, whether discovery-related or not.

Summary: Certification required for all civil case motions

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Applies to

Memorandum of law ?

Memoranda of 10 pages or more must contain a table of contents.

Summary: Memoranda of 10+ pages must include a table of contents.

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Applies to

Motion

Must include

proposed order

If a party wishes to seek a temporary restraining order, it should file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order, on ECF in accordance with the procedures found in ECF Rule 18.2.

Summary: TRO motions must be filed on ECF following ECF Rule 18.2 procedures.

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Applies to

Motion

Must include

service on non ecf parties ?

Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via the ECF system.

Summary: For noticed TRO motions, serve documents on parties not receiving ECF service.

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Applies to

Service

Must include

certificate of service

Service accomplished outside the ECF system must be documented in accordance with the applicable Federal Rules of Procedure concerning certificates of service.

Summary: Service outside ECF must be documented with certificate of service.

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Applies to

Plea agreement

Must include

notice of electronic filing ?

The plea agreement or Pimentel letter must be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov at least five (5) full business days before the time set for the conference at which the disposition is to be addressed.

Summary: Plea agreements must be emailed to Chambers at least 5 business days before disposition conference.

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Applies to

Voir dire

Must include

proposed order ?

No later than one week before the Final Pre-Trial Conference: Each party must serve on each other party and file with the Court its proposed voir dire and verdict form.

Summary: Proposed voir dire and verdict forms must be served and filed one week before Final Pretrial Conference.

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Applies to

Sentencing submission

Must include

caption, case number ?

A defendant’s sentencing submission must be filed and served two weeks in advance of the date set for sentence. The Government’s sentencing submission must be filed and served one week in advance of the date set for sentence. Any reply submission must be made at least three days before the date set for sentence.

Summary: Sentencing submissions have specific timing: defendant 2 weeks, government 1 week, reply 3 days before sentencing.

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Applies to

Adjournment request ?

Must include

chambers copy ?

DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers. (See 1(B)(ii).)

Summary: Adjournment requests on ECF require simultaneous hard copy or fax to Chambers.

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Applies to

Motion

Must include

table of contents

All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Summary: All motions must include a table of contents listing all affidavits and exhibits.

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Applies to

Motion ?

Parties shall refer to exhibits already filed and not duplicate them.

Summary: Parties must refer to existing exhibits and not duplicate them.

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Applies to

Motion

Letter motions or oppositions will not be accepted.

Summary: Letter motions and oppositions are not accepted.

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Applies to

Dispute letter ?

Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed.

Summary: Disputes must be described in a single jointly composed letter.

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Applies to

Dispute letter ?

Separate and successive letters will be returned, unread.

Summary: Separate and successive letters will be returned unread.

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Applies to

Dispute letter ?

Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

Summary: Meet and confer rule must be strictly followed and described in joint submission.

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Applies to

Dispute letter ?

The Court will not resolve disputes not brought to its attention in conformity with this rule.

Summary: Court will not resolve disputes not brought in conformity with this rule.

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Applies to

Default judgment

Must include

proof of service, compliance description, agency relationship proof ?

Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made.

Summary: Default judgment motions require proof of service and agency relationship or compliance description.

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Applies to

Default judgment

Must include

service discussion, entity charter copy, entity type discussion ?

If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Summary: Entity default judgments require charter copy and entity type discussion.

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Applies to

Joint pretrial order

The parties shall submit, three days prior to that conference, for the Court’s approval, a joint pretrial order, which shall include the following:

Summary: Joint pretrial order due 3 days before final pretrial conference.

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Applies to

Pretrial filing ?

On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate:

Summary: Pretrial filings due by court-set date, no later than 3 days before pretrial conference.

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Applies to

Motion

Must include

caption ?

All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Summary: All motions and courtesy copies must include a table of contents listing affidavits and exhibits.

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Applies to

Motion

Letter motions or oppositions will not be accepted.

Summary: Letter motions and letter oppositions are prohibited.

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Applies to

Letter

Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed. Separate and successive letters will be returned, unread. Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

Summary: Disputes must be submitted in a single joint letter describing meet and confer efforts; separate letters rejected.

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Applies to

Letter ?

No later than 48 hours prior to an initial conference, counsel shall file, via ECF, a proposed case management plan, using the template attached to these individual Rules.

Summary: Proposed case management plan must be filed via ECF 48 hours before initial conference.

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Applies to

Default judgment

Must include

certificate of service ?

Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made. If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Summary: Default judgment motions must include proofs of service and entity documentation.

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Applies to

Pretrial order

Must include

caption

The parties shall submit, three days prior to that conference, for the Court's approval, a joint pretrial order, which shall include the following: i. The full caption of the action, omitting all dismissed parties. ii. The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel. iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. iv. A brief summary of the claims and defenses to be tried, without recital of evidentiary matter but including citations to all statutes and cases relied on. v. A copy of the pleadings marked to show, for each claim and defense, in the margin next to each allegation thereof, the admissions and denials. vi. A statement as to whether the case is to be tried with or without a jury, and the estimated number of trial days. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. ix. A list of each party's witnesses actually intended to be called, and, if the witness cannot be present and will testify through deposition, the precise portions of deposition transcripts actually intended to be introduced together with any cross-designations and objections by any other party. x. A list of exhibits actually intended to be offered at trial, indicating exhibits to which no party objects on grounds of authenticity and exhibits to which no party objects on any ground.

Summary: Joint pretrial orders must include caption, counsel info, jurisdiction statements, claims/defenses summary, marked pleadings, jury/trial estimate, magistrate consent, witness lists, and exhibit lists.

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Applies to

Pretrial memorandum

On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate: i. For jury and non-jury trials, a pretrial memorandum, describing the party's position on the factual and legal issues to be tried. ii. For jury trials, proposed requests to charge and proposed voir dire questions. iii. For non-jury trials, proposed findings of fact and conclusions of law for each claim and defense.

Summary: Parties must submit pretrial memoranda, proposed jury charges/voir dire (jury trials), or proposed findings/conclusions (non-jury trials) no later than 3 days before final pretrial conference, in duplicate.

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Applies to

Notice of motion ?

Parties moving the Court to approve a collective action notice shall use the template attached.

Summary: Parties seeking collective action notice approval must use the attached template.

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Civil cases

Applies to

All submissions

Must include

case number ?

Docket numbers must appear on all submissions to the Court.

Summary: Docket numbers required on all submissions to the Court.

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Civil cases

Applies to

All

Must include

case number ?

Docket numbers must appear on all submissions to the Court.

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Civil cases

Applies to

All

Must include

caption, case number ?

If a filing relates to all of the cases within a group, the master caption should be used. If a filing relates to specific case, the individual docket number and the master docket number should appear on the filing.

Summary: Master caption required for group filings; individual and master docket numbers required for case-specific filings.

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Applies to

Motion

Must include

caption, judge name, case number ?

Any nonincarcerated pro se party who wishes to participate in electronic case filing ("ECF") must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake Unit or at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro-se-cases.

Summary: Nonincarcerated pro se parties must file motion to participate in ECF.

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Applies to

Service

Must include

proof of service

Except for cases in which the pro se party has received permission to participate in electronic case filing or 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 or otherwise submitted to the Court and must include a separate proof of service.

Summary: Counsel must serve pro se parties with paper copies and proof of service unless ECF permission or electronic consent exists.

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Applies to

Pretrial statement

Must include

witness list, document list, statement of facts +1 more ?

Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery, or within 30 days after the Court’s decision on a dispositive motion, if any, the plaintiff in a pro se case must file a concise, written Pretrial Statement.

Summary: Pro se plaintiff must file Pretrial Statement within 30 days after discovery completion or dispositive motion decision.

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Applies to

Pretrial statement ?

Must include

proof of service

If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), the plaintiff must also send a copy of the Statement to that party and include proof of service affirming that he or she has done so.

Summary: Pro se plaintiff must send Pretrial Statement to non-ECF parties with proof of service.

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Applies to

Pretrial statement

Must include

service requirement ?

Two weeks after service of the plaintiff’s Statement, the defendant must file and serve its own Pretrial Statement.

Summary: Defendant must file and serve Pretrial Statement within two weeks of receiving plaintiff's Statement.

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Applies to

Pretrial statement

If the case is to be tried before only a judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement.

Summary: Parties represented by counsel must file proposed findings of fact and conclusions of law for bench trials.

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Applies to

Pretrial statement

If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement.

Summary: Parties represented by counsel must file proposed voir dire, jury charge, and verdict form for jury trials.

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Applies to

Pro se filing with non ecf party ?

Must include

certificate of service ?

If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include proof of service affirming that he or she has done so.

Summary: Pro se parties must include proof of service when filing if another party is not an ECF user.

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Applies to

Counsel filing in pro se case ?

Must include

certificate of service ?

counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically or otherwise submitted to the Court and must include a separate proof of service. Submissions filed without such proof of service will not be considered.

Summary: Counsel must serve paper copies on pro se parties and include proof of service with all electronic filings.

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Applies to

Brief

Must include

word count

If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above. 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: Computer-prepared briefs must include a certificate stating the word count.

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Applies to

Pretrial order ?

This Statement need not take any particular form, but it must contain the following: (1) a statement of the facts the plaintiff intends to prove at trial; (2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.

Summary: Pretrial Statement must include statement of facts, list of documents/objects, list of witnesses/addresses, and be sworn.

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Civil cases

Applies to

Letter motion ?

Must include

proposed new dates ?

If the requested adjournment or extension affects any other scheduled dates, a proposed schedule shall be included in the letter.

Summary: Proposed schedule required if adjournment affects other dates

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Civil cases

Applies to

Memorandum of law ?

Must include

word count certificate ?

The certificate must state the number of words in the document.

Summary: Word count certificate must state exact word count

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Civil cases

Applies to

Exhibit

Must include

tabbed, indexed ?

All exhibits shall be tabbed and indexed.

Summary: All exhibits must be tabbed and indexed

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Civil cases

Applies to

Letter motion

Must include

original date, reason for request, number of previous requests ?

The letter motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous

Summary: Letter motion must state original date, reason, and number of previous requests

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Civil cases

Applies to

Letter motion

Must include

original date, adversary position, reason for request +1 more ?

The letter motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous granted or denied; and (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.

Summary: Letter motion must state original date, reason, previous requests, and adversary consent

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Civil cases

Applies to

Summary judgment motion ?

Must include

statement of material facts

Any party wishing to move for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of its Statement of Material Facts pursuant to Local Civil Rule 56.1. The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 statement that has not previously been produced during discovery.

Summary: Summary judgment motions require electronic copy of 56.1 statement in Word format and simultaneous production of new evidence

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Civil cases

Applies to

Summary judgment motion ?

Must include

production of new evidence ?

The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 statement that has not previously been produced during discovery.

Summary: Summary judgment movants must produce new evidence cited in 56.1 statement

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Civil cases

Applies to

Summary judgment transcript ?

With respect to any deposition or hearing transcript that is supplied in connection with a summary judgment motion, the transcript of a witness’ testimony shall be submitted in its entirety and in a one-page-per-sheet format with an index.

Summary: Summary judgment transcripts must be submitted in full, one-page-per-sheet format with index

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Civil cases

Applies to

Memorandum of law ?

Memoranda of more than ten pages shall contain a table of contents and a table of authorities.

Summary: Memoranda over 10 pages require table of contents and table of authorities

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Civil cases

Applies to

Memorandum of law ?

Must include

word count certificate ?

If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above.

Summary: Computer-prepared briefs require word count compliance certificate

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Civil cases

Applies to

Amended filing ?

Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing.

Summary: Amended filings must include redline showing differences from original

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Civil cases

Applies to

Motion to amend pleading ?

Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.

Summary: Motions to amend pleadings must include redline showing differences

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Civil cases

Applies to

Expert disclosure ?

Must include

fr cp 26 a 2 compliance, fr cp 26 a 3 compliance ?

The parties are reminded of their obligation to make certain disclosures regarding expert testimony pursuant to Federal Rule of Civil Procedure 26(a)(2) and to make disclosure regarding evidence that may be presented at trial pursuant to Federal Rule of Civil Procedure 26(a)(3). Failure to comply with these requirements may result in preclusion or other sanctions.

Summary: Parties must comply with FRCP 26(a)(2) expert testimony disclosures and 26(a)(3) trial evidence disclosures; non-compliance may result in preclusion or sanctions.

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Civil cases

Applies to

Joint pretrial order

Must include

pdf format, word format ?

Unless otherwise ordered by the Court, within thirty days after the date for the completion of discovery, or within thirty days after the Court’s decision on a dispositive motion, if any, the parties shall file with the Court, in both PDF format and as a Microsoft Word document, a proposed joint pretrial order

Summary: Joint pretrial order must be filed within 30 days after discovery completion or dispositive motion decision, in both PDF and Word formats.

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Civil cases

Applies to

Requests to charge ?

Must include

notice of electronic filing ?

At the time of filing, parties shall also submit copies of these documents to the Court by email, as Microsoft Word documents.

Summary: Parties must email copies of requests to charge and proposed voir dire to the Court in Word format.

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Civil cases

Applies to

Proposed findings conclusions ?

Must include

notice of electronic filing ?

At the time of filing, parties shall also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

Summary: Parties must email proposed findings of fact and conclusions of law to the Court in both PDF and Word formats.

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Civil cases

Applies to

Any submission ?

Must include

ai disclosure ?

If a submission is prepared using generative artificial intelligence (for example, ChatGPT, Harvey, CoCounsel, or Google Bard), the submitting party and counsel must confirm for themselves that the submission, and all source material within, is accurate and in compliance with the obligations of Rule 11.

Summary: AI-generated submissions must be verified for accuracy and Rule 11 compliance.

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Civil cases

Applies to

Default judgment affidavit ?

The affidavit or declaration shall set forth: 1. The basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; 2. The procedural history beyond service of the summons and complaint, if any; 3. The legal basis, including citations to appropriate authorities, for a finding of liability based on the allegations in the complaint; 4. 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 resolution of the entire action; 5. The proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and 6. Legal authority for why an inquest into damages would be unnecessary, if applicable.

Summary: Default judgment affidavit must include specific elements: service basis, procedural history, legal basis, damages, and authority.

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Civil cases

Applies to

Default judgment affidavit ?

Must include

proposed order ?

The affidavit or declaration shall include as attachments: 1. A proposed default judgment; 2. A Certificate of Default from the Clerk of Court; 3. Copies of all of the pleadings;

Summary: Default judgment affidavit must include attachments: proposed judgment, Certificate of Default, and all pleadings.

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Civil cases

Applies to

Letter ?

If a motion to dismiss is filed, the non-moving party must, within ten days of receipt of the motion, notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so, or (2) it will rely on the pleading being attacked.

Summary: Non-moving party must notify court within 10 days of motion to dismiss receipt about amending pleading or defending existing pleading.

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Civil cases

Applies to

Letter

All parties shall follow Local Civil Rule 37.2 with the following modifications: A party wishing to raise a discovery dispute with the Court shall first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not succeed, the parties shall describe the dispute in a single joint letter to the Court, normally not exceeding six pages. The joint letter shall include a representation that the meet-and-confer process occurred, identifying the time, place, and duration and naming the counsel involved in the discussion.

Summary: Discovery disputes require meet-and-confer first, then joint letter (max 6 pages) with representation of conferral details.

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Civil cases

Applies to

Letter

asserting the existence of such jurisdiction shall, prior to the deadline for submitting the proposed Case Management Plan and Scheduling Order, file with the Court a letter no longer than two pages explaining the basis for that party's assertion that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.

Summary: Parties asserting diversity jurisdiction must file 2-page letter with citizenship details before Case Management Plan deadline.

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Civil cases

Applies to

Statement of material facts

Any party wishing to move for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of its Statement of Material Facts pursuant to Local Civil Rule 56.1.

Summary: Summary judgment movants must provide other parties an electronic copy of their Rule 56.1 Statement in Microsoft Word format.

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Civil cases

Applies to

Brief

Must include

word count

If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above. 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: Computer-prepared briefs must include a certificate stating the word count, which may rely on the word-processing program's count.

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Civil cases

Applies to

Default judgment

Must include

proposed order ?

A plaintiff seeking a default judgment shall proceed by way of order to show cause, pursuant to the procedure set forth in Attachment A, infra.

Summary: Plaintiffs seeking default judgment must proceed by order to show cause per Attachment A procedure.

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Civil cases

Applies to

Joint pretrial order

Must include

caption ?

Unless otherwise ordered by the Court, within thirty days after the date for the completion of discovery, or within thirty days after the Court's decision on a dispositive motion, if any, the parties shall file with the Court, in both PDF format and as a Microsoft Word document, a proposed joint pretrial order

Summary: Joint pretrial order must be filed within 30 days after discovery completion or 30 days after decision on dispositive motion, in both PDF and Microsoft Word formats.

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Civil cases

Applies to

Proposed findings conclusions ?

Must include

caption ?

File on ECF their proposed findings of fact and conclusions of law. The proposed findings of fact shall be detailed and shall include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. At the time of filing, parties shall also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

Summary: Proposed findings of fact and conclusions of law must be detailed with citations, filed on ECF, and emailed to Court in PDF and Word formats.

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Civil cases

Applies to

Motion ?

Must include

ai disclosure ?

If a submission is prepared using generative artificial intelligence (for example, ChatGPT, Harvey, CoCounsel, or Google Bard), the submitting party and counsel must confirm for themselves that the submission, and all source material within, is accurate and in compliance with the obligations of Rule 11.

Summary: Parties using generative AI must verify accuracy and Rule 11 compliance of submissions.

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Civil cases

Applies to

Default judgment

Must include

certificate of default

Before moving for default judgment, a party must first acquire a Certificate of Default from the Clerk of Court pursuant to Federal Rule of Civil Procedure 55(a), Local Civil Rule 55.1, and Rule 16.1 of the Electronic Case Filing Rules & Instructions.

Summary: Certificate of Default from Clerk required before moving for default judgment.

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Civil cases

Applies to

Default judgment

Must include

proposed order

In accordance with Rule 16.3 of the Electronic Case Filing Rules & Instructions, file the following documents: a. A proposed order to show cause for default judgment; b. An affidavit or declaration signed by a party with personal knowledge (i.e., not the attorney in the action except in limited circumstances), which sets forth a statement of proposed damages and the basis for each element of damages, including a step-by-step explanation of each calculation; and c. An affidavit or declaration in support of the order.

Summary: Default judgment motion requires proposed order, party affidavit with damages calculation, and supporting affidavit.

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Civil cases

Applies to

Default judgment

Must include

certificate of default

The affidavit or declaration shall include as attachments: 1. A proposed default judgment; 2. A Certificate of Default from the Clerk of Court; 3. Copies of all of the pleadings

Summary: Default judgment supporting affidavit must attach proposed judgment, Certificate of Default, and all pleadings.

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Civil cases

Applies to

Pretrial submission

Must include

verdict form, jury instructions, voir dire questions ?

If this action is to be tried before a jury, proposed voir dire questions, jury instructions and verdict form shall also be filed by the Final Pretrial Submission Date.

Summary: Jury trial requires filing voir dire, jury instructions, and verdict form by Final Pretrial Submission Date.

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Civil cases

Applies to

Jury instructions

Must include

final pretrial submission deadline ?

Jury instructions may not be submitted after the Final Pretrial Submission Date, unless they meet the standard of Rule 51(a)(2)(A), Fed. R. Civ. P.

Summary: Jury instructions must be filed by Final Pretrial Submission Date unless meeting Rule 51(a)(2)(A) standard.

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Civil cases

Applies to

Pretrial submission

Must include

conclusions of law, proposed findings of fact ?

If this action is to be tried to the Court, proposed findings of fact and conclusions of law should be submitted by the Final Pretrial Submission Date.

Summary: Bench trial requires filing proposed findings and conclusions by Final Pretrial Submission Date.

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Civil cases

Applies to

Status report

Must include

joint submission ?

The parties are directed to file a joint status report not later than one week in advance of the Case Management Conference.

Summary: Joint status report required one week before Case Management Conference.

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Civil cases

Applies to

Status report

The parties are directed to file a joint status report not later than one week in advance of the Case Management Conference.

Summary: Joint status report must be filed at least one week before Case Management Conference.

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Applies to

Letter

Must include

case number ?

All letters must provide the name of the case and its docket number, and must state the name of the party that counsel represents.

Summary: Letters to Chambers must identify the case, docket number, and represented party.

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Applies to

Court paper

Must include

case 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.

Summary: In related cases, future papers and correspondence must list both the new case docket number and related-case docket number.

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Applies to

Motion

In cases involving pro se litigants, the party represented by counsel is responsible for filing the entire motion on ECF.

Summary: In pro se cases, the represented party must file the entire motion on ECF.

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Applies to

Lr 56 1 statement ?

The 56.1 Statement must contain only one factual assertion in each numbered paragraph.

Summary: Each numbered paragraph in a Rule 56.1 statement may contain only one factual assertion.

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Applies to

Lr 56 1 statement ?

Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.

Summary: Every factual assertion in a Rule 56.1 statement must include a citation to supporting evidence in the record.

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Applies to

Lr 56 1 response ?

The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon.

Summary: A Rule 56.1 response must identify admissions and disputes, explain the basis for disputes, and cite supporting record evidence.

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Applies to

Responsive lr 56 1 statement ?

If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.

Summary: If the opponent adds additional factual allegations, the moving party must file a responsive Rule 56.1 statement.

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Applies to

Lr 56 1 statement ?

If multiple parties are submitting 56.1 Statements, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.

Summary: Multiple parties filing Rule 56.1 statements must coordinate numbering so paragraphs are consecutive and non-overlapping.

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Applies to

Joint pretrial order

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order,

Summary: In civil cases, parties must file a joint pretrial order on ECF within 30 days after discovery closes or within 30 days after decision on a dispositive motion.

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Applies to

Joint pretrial order ?

Must include

caption

The full caption of the action.

Summary: The joint pretrial order must include the full caption of the action.

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Applies to

Joint pretrial order ?

The names, addresses (including firm names), email addresses, and telephone and fax numbers of trial counsel.

Summary: The joint pretrial order must list trial counsel names and full contact details.

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Applies to

Joint pretrial order ?

A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements should include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.

Summary: The joint pretrial order must include party jurisdiction statements with statutory citations and relevant jurisdictional facts.

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Applies to

Joint pretrial order ?

A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. The parties should also identify all claims and defenses previously asserted that are not to be tried.

Summary: The joint pretrial order must summarize remaining claims/defenses with statutory citations and identify claims/defenses no longer being tried.

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Applies to

Joint pretrial order ?

A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

Summary: The joint pretrial order must state whether trial is jury or nonjury and estimate trial length in days.

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Applies to

Joint pretrial order ?

A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

Summary: The joint pretrial order must state whether all parties consent to trial before a magistrate judge, without identifying individual positions.

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Applies to

Joint pretrial order ?

Any stipulations or agreed statements of fact or law.

Summary: The joint pretrial order must include stipulations or agreed statements of fact or law.

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Applies to

Joint pretrial order ?

A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness.

Summary: The joint pretrial order must include witness lists, brief role/testimony descriptions, and any party objections.

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Applies to

Joint pretrial order ?

A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.

Summary: The joint pretrial order must include deposition designations plus cross-designations and objections.

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Applies to

Joint pretrial order ?

A list by each party of exhibits to be offered in its case in chief, with an indication of whether any party objects to the exhibit and a brief statement of the nature of the objection (e.g., “relevance,” “authenticity,” “hearsay”).

Summary: The joint pretrial order must include exhibit lists and identify objections with their nature.

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Applies to

Joint pretrial order ?

damages sought with respect to each claim, including the manner and method used to calculate the claimed damages.

Summary: The joint pretrial order must state damages sought for each claim and explain the calculation method.

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Applies to

Joint pretrial order ?

A statement as to whether the parties consent to a less than unanimous verdict.

Summary: The joint pretrial order must state whether parties consent to a less-than-unanimous verdict.

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Applies to

Pretrial filings prior to trial ?

Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial:

Summary: In civil cases, pretrial filings are due 21 days before trial; represented parties file on ECF and pro se litigants may file by regular mail.

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Applies to

Jury trial pretrial submissions ?

In jury cases, proposed voir dire questions, requests to charge and verdict form.

Summary: In jury civil cases, parties must submit proposed voir dire questions, requests to charge, and a verdict form.

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Applies to

Proposed voir dire questions

The plaintiff’s proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case. If the parties cannot agree on such a paragraph after good-faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective voir dire submissions.

Summary: Plaintiff’s proposed voir dire must include an agreed explanatory paragraph, or separate designated paragraphs if no agreement is reached after good-faith efforts.

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Applies to

Proposed jury instruction

Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction.

Summary: Every proposed jury instruction must cite its source authority.

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Applies to

Proposed findings and conclusions ?

In nonjury cases, proposed findings of fact and conclusions of law.

Summary: In nonjury civil cases, parties must submit proposed findings of fact and conclusions of law.

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Applies to

Proposed findings and conclusions ?

Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense.

Summary: Proposed findings must be detailed, and proposed conclusions must state elements of each claim or defense.

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Applies to

Motion in limine ?

In all cases, motions addressing any evidentiary or other issues that should be resolved in limine; and

Summary: Parties must file motions in limine addressing evidentiary or other issues to be resolved before trial.

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Applies to

Opposition filings ?

Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above (pro se litigants may file via regular mail):

Summary: Represented parties must file opposition submissions within one week after a Section 4.B filing, while pro se litigants may file by regular mail.

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Applies to

Objections to voir dire or requests to charge ?

Objections to the other party’s proposed voir dire questions or requests to charge.

Summary: Opposition filings may include objections to the other party’s proposed voir dire questions or requests to charge.

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Applies to

Opposition to motion in limine ?

Opposition to any motion in limine.

Summary: Opposition filings may include opposition to any motion in limine.

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Applies to

Opposition to pretrial memorandum arguments ?

Opposition to any legal argument made in a pretrial memorandum.

Summary: Opposition filings may include opposition to legal arguments raised in a pretrial memorandum.

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Applies to

Motion to seal ?

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Summary: A sealing motion must be filed publicly, must explain specific reasons for sealing, and should not disclose the confidential information at issue.

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Applies to

Courtroom electronic equipment request ?

In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order.

Summary: Attorneys need prior Court Order authorization to bring non-personal electronic equipment into the courthouse.

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Applies to

Courtroom electronic equipment request ?

The Order must be shown upon bringing the equipment into the Courthouse.

Summary: The authorization order must be presented when bringing approved equipment into the courthouse.

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Applies to

Certificate of default request ?

To file for a certificate of default, parties must submit to the Clerk of the Court a “request for entry of default” and a proposed “clerk’s certificate.”

Summary: A certificate of default filing requires both a request for entry of default and a proposed clerk’s certificate submitted to the Clerk.

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Applies to

Default judgment

This signed certificate is to be attached to the default judgment when the default judgment is electronically filed.

Summary: The signed certificate must be attached to the default judgment at electronic filing.

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Applies to

Certificate of service ?

Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.

Summary: Service on defaulting parties must be by certified mail, and plaintiff should provide the tracking number to the Court.

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Applies to

Default judgment ?

A request for an amount equal to or less than the principal amount demanded in the complaint;

Summary: A default judgment request must not exceed the principal amount demanded in the complaint.

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Applies to

Default judgment

Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. (If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined by an inquest);

Summary: A default judgment submission must include definitive information and documentation sufficient to calculate the proposed judgment amount.

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Applies to

Default judgment ?

An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;

Summary: A default judgment submission must include an affidavit stating what portion of the sought judgment has not been paid.

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Applies to

Default judgment ?

The calculations made in arriving at the proposed judgment amount.

Summary: A default judgment submission must include the calculations used to reach the proposed judgment amount.

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Applies to

Sentencing memorandum

Must include

caption, case number ?

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: A sentencing memorandum filing must be marked as such and clearly show caption and docket number.

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Applies to

Sentencing memorandum

Must include

caption, case number ?

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: Paper sentencing memorandum filings must be marked and include caption and docket number.

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Applies to

Application

The application should clearly identify the redaction

Summary: An application for additional redactions must clearly identify the redaction.

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Applies to

Summary judgment motion ?

Must include

local rule certificate ?

Except in pro se cases, the moving party should provide all other parties with an electronic copy of the moving party's Statement of Material Facts Pursuant to Local Civil Rule 56.1. The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.

Summary: Summary judgment requires 56.1 Statement with one factual assertion per paragraph and citations

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Applies to

Summary judgment opposition ?

Opposing parties the opposing party's response directly beneath it. The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon. The response may go on to make additional factual allegations in paragraphs numbered consecutively to those of the moving party (i.e., do not begin re-numbering at 1). If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.

Summary: 56.1 Response must admit/dispute facts with citations and may add numbered paragraphs

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Applies to

Conference

Must include

principal trial counsel

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

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Applies to

Pretrial conference

Must include

medical authorizations

In any case involving allegations of personal injury – whether physical, psychological, emotional or otherwise – the plaintiff is to provide to the defendant, prior to the initial pretrial conference, all necessary medical authorizations.

Summary: Personal injury cases require medical authorizations to defendant before initial pretrial conference

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Applies to

Joint pretrial order

Must include

judge name, case number, certificate of service ?

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order

Summary: Joint pretrial order must be filed within 30 days after discovery completion or dispositive motion decision

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Applies to

Pretrial documents ?

Must include

judge name, case number, certificate of service ?

Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial

Summary: Parties must file pretrial documents 21 days before trial commencement

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Applies to

Jury instructions

Must include

judge name, case number, certificate of service ?

Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction

Summary: Each proposed jury instruction must include citation to source/authority

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Applies to

Nonjury pretrial documents ?

Must include

judge name, case number, certificate of service ?

In nonjury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense

Summary: In nonjury cases, parties must file detailed proposed findings of fact and conclusions of law with elements

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Applies to

Pretrial opposition documents ?

Must include

judge name, case number, certificate of service ?

Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above

Summary: Represented parties must file opposition documents within 1 week of opposing party's pretrial filings

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Applies to

Voir dire objections ?

Must include

judge name, case number, certificate of service ?

Objections to the other party's proposed voir dire questions or requests to charge

Summary: Parties may file objections to opposing party's proposed voir dire questions or requests to charge

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Applies to

Motions in limine ?

In all cases, motions addressing any evidentiary or other issues that should be resolved in limine

Summary: In all cases, parties must file motions in limine 21 days before trial

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Applies to

Motions in limine opposition ?

Must include

judge name, case number, certificate of service ?

Opposition to any motion in limine

Summary: Parties may file opposition to opposing party's motions in limine

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Applies to

Pretrial memorandum opposition ?

Must include

judge name, case number, certificate of service ?

Opposition to any legal argument made in a pretrial memorandum

Summary: Parties may file opposition to legal arguments in opposing party's pretrial memorandum

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Applies to

Pretrial service documents ?

Must include

judge name, case number, certificate of service ?

At the time the joint pretrial order is filed, each party should serve, but not file, the following

Summary: Parties must serve but not file additional documents when joint pretrial order is filed

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Applies to

Motion for default judgment ?

Must include

certificate of service

A certificate of service complying with Local Civil Rule 55.2(c). Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.

Summary: Certificate of service required for default judgment motion, certified mail service with tracking number

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Applies to

Jury pretrial documents ?

In jury cases, proposed voir dire questions, requests to charge and verdict form. The plaintiff's proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case

Summary: In jury cases, parties must file proposed voir dire, requests to charge, and verdict form 21 days before trial

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Civil cases

Applies to

Letter motion

Must include

notice of electronic filing ?

When permitted by the S.D.N.Y. Local Rules and the 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.

Summary: File letters seeking relief as letter-motions on ECF, not ordinary letters.

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Civil cases

Applies to

Sur reply

Must include

prior permission

Sur-reply memoranda will not be accepted without prior permission of the Court.

Summary: Sur-replies require prior Court permission.

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Civil cases

Applies to

Memorandum of law ?

All appendices to memoranda of law must be indexed.

Summary: Appendices to memoranda of law must be indexed.

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Civil cases

Applies to

Conference

Must include

notice of appearance ?

Lead Trial Counsel must appear at all conferences with the Court, must have authority to bind the party they represent consistent with the proceeding (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding.

Summary: Lead Trial Counsel must appear at all conferences with authority to bind parties.

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Civil cases

Applies to

Final pretrial conference

Must include

principal decision makers

Principal decision-makers must attend the final pretrial conference and the trial.

Summary: Principal decision-makers must attend final pretrial conference and trial.

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Civil cases

Applies to

Letter motion

Must include

certificate section ?

Any letter-motion seeking relief must state: (1) the dates and times of each conference conducted pursuant to Paragraph 5(B)–(C); (2) the duration of these conferences; (3) the names of the attorneys who participated; and (4) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an impasse.

Summary: Letter-motion must state dates/times, duration, participants, and impasse notification of conferences.

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Civil cases

Applies to

Letter motion

Must include

certificate of conference ?

The letter-motion must specifically state that the required Lead Trial Counsel conference occurred.

Summary: Letter-motions must state that Lead Trial Counsel conference occurred.

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Civil cases

Applies to

Deposition

All objections during a deposition must be 'stated concisely in a nonargumentative and nonsuggestive manner.' Fed. R. Civ. P. 30(c)(2).

Summary: Deposition objections must be concise, nonargumentative, and nonsuggestive.

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Civil cases

Applies to

Memorandum of law

Must include

oral argument requested

A party may request oral argument by indicating 'ORAL ARGUMENT REQUESTED' on the cover page of its memorandum of law.

Summary: Request oral argument by marking 'ORAL ARGUMENT REQUESTED' on cover page.