Southern District of New York Filing Timing and Cure Windows

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

Motions in limine must be filed 30 days before trial.

iii. Motions in limine shall be filed thirty (30) days prior to the commencement of trial.

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

Rule 16 expert disclosures, including all required information, must be made 30 days before trial.

ii. Any Rule 16 expert disclosures, including all required information, shall be made thirty (30) days prior to the commencement of trial.

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

No later than 7 days before trial, the parties must file proposed jury instructions with authority citations, proposed verdict forms, proposed voir dire, and the Government's proposed witness list.

iv. Not later than seven (7) days prior to the commencement of trial, the parties shall file their: 1. proposed jury instructions with citations to authority; 2. proposed verdict forms; 3. proposed voir dire; and 4. the Government's proposed witness list.

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

Motions in limine addressing evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.

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

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

Deadline

2 business days

The filing party must check the docket and may call the Pro Se Intake Unit for help if the document has not been docketed after two business days.

The filing party must check the docket to see if the document has been filed and may contact the Pro Se Intake Unit at 212-805-0175 for assistance if the document has not been docketed after two business days.

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

Civil cases

Motion papers must be filed promptly after they are served.

Motion papers must be filed promptly after service.

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

The notice of motion and motion papers must be filed promptly after service.

Notice of motion and motion papers shall be filed with the Court promptly after service.

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

Criminal cases

Unless a party requests filing under seal, parties should assume the Court will docket any substantive letter they have not docketed.

Absent any request to file a letter under seal, the parties should assume that any substantive letter that the parties have not docketed will be docketed by the Court.

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

Civil cases

The Court prefers privilege logs to be produced simultaneously with each production tranche or within a week afterward.

(The Court’s preference is that privilege logs be produced simultaneously or within a week of each produc�on tranche):

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

Civil cases

The motion-to-dismiss procedure does not change the deadline for responding to the motion.

This provision does not alter the time to file a response to the motion to dismiss.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

After the Order to Show Cause, the proposed default judgment order, and supporting documentation are filed on ECF, the Clerk of Court will review the filings. Please monitor the docket in case any of the filings are not approved as to form, and make any revisions as indicated by the Clerk of Court.

Summary: After the default judgment filings are filed on ECF, the Clerk of Court reviews them and parties must monitor the docket and make any revisions the Clerk indicates if filings are not approved as to form.

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Civil cases

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

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Civil cases

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Summary: Expert exclusion motions (Daubert) must be filed by the dispositive motion deadline and should not be treated as motions in limine.

Not confirmed. Read the court's wording below.CRITICAL?

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.

Summary: An application for a redaction beyond the eleven identified categories must be filed when the sentencing submission is served.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

At the time it is served, a party shall file its sentencing submission following one of the two procedures described here. (If the criminal case is a non-ECF case, then only paper filing is allowed.)

Summary: A party must file its sentencing submission when it is served, using the specified paper or ECF procedure, but non-ECF cases must use paper filing.

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Civil cases

Motion papers shall be filed promptly after service.

Summary: Motion papers must be filed promptly after service.

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Civil cases

If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must file the application at a time mutually agreeable to it and the adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Summary: If TRO adversary is notified but does not consent, application must be filed at a time mutually agreeable to both parties.

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Civil cases

All deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.

Summary: Deposition excerpts offered as substantive evidence must be submitted at the time of joint pretrial order filing.

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Unless otherwise ordered by the Court, within 30 days after the deadline for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties shall submit to the Court for its approval a Joint Pretrial Order, with one courtesy hard copy for Chambers.

Summary: Joint Pretrial Orders in civil cases must be submitted within 30 days after discovery closes or 30 days after a dispositive motion decision.

Not confirmed. Read the court's wording below.CRITICAL?

Unless otherwise ordered, the following must be filed at the same time as the filing of the Joint Pretrial Order:

Summary: Unless the Court orders otherwise, the specified pretrial materials must be filed at the same time as the Joint Pretrial Order.

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Civil cases

If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.

Summary: Parties should promptly move for default judgment if the opposing party fails to respond to a claim.

Not confirmed. Read the court's wording below.WARNING?

Pro se parties using the ProSe email box will receive an auto-generated message confirming receipt of their email, but that does not mean that the document has been filed on the docket.

Summary: An auto-generated email confirms receipt of a pro se party's email but does not establish that the document was filed on the docket.

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Civil cases

Motion papers must be filed promptly after service.

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Civil cases

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

Summary: Oral argument may be requested by letter filed with motion/opposition/reply papers.

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

Deadline

30 calendar days

Unless the Court orders otherwise, the parties must submit a proposed joint pretrial order within 30 days after discovery closes, or within 30 days after decision on a filed dispositive motion.

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 shall submit to the Court for its approval a proposed joint pretrial order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and following:

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

Deadline

30 calendar days

Unless the Court orders otherwise, each party must file the specified materials 30 days before trial if a trial date is fixed, or within 30 days after filing the joint pretrial order if no trial date is fixed.

Unless otherwise ordered by this Court, each party shall file thirty (30) days prior to the commencement of trial if such a date has been fixed, or thirty (30) days after the filing of the joint pretrial order if no trial date has been fixed:

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

Criminal cases

Deadline

48 hours

A written bail-modification request must be filed at least 48 hours before the pertinent event or date.

Any written request for a bail modification shall be filed at least 48 hours before the pertinent event or date.

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

Criminal cases

Deadline

1 business days

A copy of a plea or cooperation agreement ordinarily must reach Chambers at least one business day before the scheduled plea.

When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement ordinarily must be received by Chambers at least one business day before the scheduled plea.

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

Criminal cases

Deadline

1 business days

When the Government provides a Pimentel letter, Chambers must receive a copy at least one business day before the scheduled plea.

Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least one business day before the scheduled plea.

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

Civil cases

Deadline

30 calendar days

A proposed order or stipulation regarding electronically stored information must be filed within 30 days of the order’s date.

Any proposed order or stipulation regarding electronically stored information shall be filed within 30 days of the date of this Order.

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

Civil cases

Deadline

30 calendar days

Unless the Court orders otherwise, the joint pretrial order and Rule 8(F)–(I) submissions are due 30 days after all discovery closes, or 30 days after a decision on a filed dispositive motion.

Unless otherwise ordered by the Court, the joint pretrial order and additional submissions required by Rule 8(F)-(I) of the Court’s Individual Rules and Practices in Civil Cases shall be ===== PAGE 4 ===== due 30 days from the close of all discovery, or, if a dispositive motion has been filed, within 30 days of a decision on such motion.

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

Civil cases

Deadline

3 business days

An opposition to a letter must be filed within three business days after the letter motion is filed.

Any opposition to letters must be filed within three (3) business days of the filing party’s letter motion.

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

Civil cases

Deadline

10 calendar days

Within 10 days after a motion to dismiss is filed, the non-moving party must tell the Court whether it will amend its pleading or rely on the challenged pleading.

Upon the filing of a motion to dismiss, the non-moving party is required, within 10 days, to notify the Court whether it intends to file an amended pleading or rely on the pleading being attacked.

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

Civil cases

Deadline

21 calendar days

Within 21 days after the non-moving party amends its pleading, the moving party may answer, file a new motion to dismiss, or notify the Court it will rely on its original motion.

If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

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

Civil cases

Unless the Court orders otherwise, expert-exclusion motions under F.R.E. 702–705 and Daubert must be made by the dispositive-motion deadline and should not be treated as motions in limine.

Unless the Court orders otherwise, motions to exclude the testimony of experts, pursuant to F.R.E. 702– 705 and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases must be made by the deadline for dispositive motions and should not be treated as motions in limine.

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

Civil cases

Deadline

3 calendar days

Counsel for the removing party must file the state-court docket sheet within three calendar days after filing the notice of removal.

Counsel for the party or parties that removed the case must follow 28 U.S.C. § 1446(a) and file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

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

Civil cases

A response or opposition to a pretrial memorandum of law is due two weeks after the opening memorandum is filed.

Any response or opposition to a pretrial memorandum of law shall be due two weeks after the filing of the opening memorandum.

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

Civil cases

If all parties consent to magistrate-judge proceedings, they must submit a fully executed consent and reference notice within three days after submitting the proposed case management plan.

If all parties consent, the remaining Paragraphs should not be completed. Instead, within three days of submitting this Proposed Case Management Plan and Scheduling Order, the parties shall submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.

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

Civil cases

Deadline

30 calendar days

Summary judgment and expert-exclusion motions must be filed within 30 days after discovery closes.

The parties shall file any summary judgment motions, and any motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), and its progeny, within 30 days of the close of all discovery.

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

Civil cases

Deadline

1 calendar days

Any reply must be filed within one week after service of the opposition.

and replies, if any, shall be filed within one week of service of any oppositions.

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

Civil cases

Deadline

30 calendar days

Unless the Court orders otherwise, the parties must submit the Joint Pretrial Order within 30 days after discovery closes or, if a dispositive motion is filed, within 30 days after the decision on that motion.

Unless otherwise ordered by the Court, within 30 days of the close of all discovery, or, if a dispositive motion has been filed, within 30 days of a decision on such motion, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court’s Individual Rules and Fed. R. Civ. P. 26(a)(3).

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

Civil cases

Deadline

3 calendar days

If all parties consent to proceeding before a magistrate judge, they must submit the fully executed consent form within three days after submitting the proposed plan and scheduling order.

If all parties consent, the remaining paragraphs need not be completed. Instead, the parties shall submit to the Court a fully executed SDNY Form Consenting to Proceed for All Purposes Before a Magistrate Judge, available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla, within three (3) days of submitting this Proposed Civil Case Management Plan and Scheduling Order.

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

Civil cases

Deadline

30 calendar days

Any agreement between the parties concerning ESI must be filed within 30 days of the order.

Any agreement reached between the parties concerning ESI is to be filed within 30 days from the date of this Order.

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

Civil cases

Deadline

30 calendar days

Any confidentiality agreement between the parties must be filed within 30 days of the order.

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

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

Civil cases

Deadline

30 calendar days

Contention interrogatories must be served at least 30 days before discovery closes unless the Court orders otherwise.

Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than 30 days before the close of discovery.

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

Deadline

14 calendar days

Within 14 days after receiving a motion to dismiss, the non-moving party must notify the Court and its adversary in writing whether it will amend the pleading and when, or rely on the challenged pleading.

When a motion to dismiss is filed, the non-moving party must, within fourteen (14) days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it shall do so, or (ii) it will rely on the pleading being attacked.

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

Deadline

14 calendar days

Within 14 days after service of an amended complaint, the defendant must answer, file a new motion to dismiss, or notify the Court and plaintiff by letter that it relies on its prior motion.

If the plaintiff amends its pleading, the defendant must, within fourteen (14) days of service of the amended complaint: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court and the plaintiff stating that it relies on the previously filed motion to dismiss.

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

Deadline

3 business days

Counsel must submit the intended cross-examination list three business days after submitting the witness affidavits.

Three (3) business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial.

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

A party may file the listed opposition documents no later than three days after the pretrial order is filed.

Any party may file the following documents in opposition. These documents shall be filed no later than three (3) days after the filing of the pretrial order.

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

Deadline

3 calendar days

When sealing or redaction is sought at another party’s or third party’s request, that party must be told to file a letter explaining the need within three days.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

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

Deadline

5 calendar days

The proposed order must be submitted five days before the 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

Before the return date, file the original Order to Show Cause with the Clerk together with an affidavit showing service of a conformed copy on the defendant.

Prior to the return date, file the original Order to Show Cause in the Clerk’s Office, Records Management Office, Room 370, together with an affidavit of service on the defendant of a conformed copy of the Order.

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

Deadline

30 calendar days

Unless the Court orders otherwise, a pro se plaintiff must file a concise written Pretrial Statement within 30 days after discovery is completed.

Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se plaintiff shall file a concise, written Pretrial Statement.

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

The defendant must file and serve a similar case statement containing the same information two weeks after service of the plaintiff’s Statement.

Two weeks after service of plaintiff's Statement, the defendant must file and serve a similar Statement of its case containing the same information.

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

Civil cases

Deadline

7 calendar days

The completed form must be emailed no later than seven calendar days before the scheduled settlement conference.

Counsel of record for each party must complete and sign this form and email it to the Court at Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later than one week (seven calendar days) before the parties’ scheduled settlement conference.

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

Deadline

1 calendar days

In pro se cases, each party must submit a Case Report and Proposed Case Management Plan one week before the scheduled conference, following Section I procedures.

Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one week before the scheduled conference in conformance with the procedures in Section I above.

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

Civil cases

Deadline

60 calendar days

If a motion remains undecided 60 days after it is fully briefed, the movant’s counsel must send the Court an alert letter.

If a motion is not decided within 60 days of the date that it was fully briefed, counsel for the movant shall send a letter to alert the Court.

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

Civil cases

Counsel should obtain the Clerk’s Certificate of Default well before any court-imposed deadline for the default-judgment motion.

(Counsel should therefore seek and obtain a Clerk’s Certificate of Default well in advance of any Court-imposed deadline to move for default judgment.)

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

Deadline

6 calendar days

Motions, except those brought by Order to Show Cause, should have a return date six weeks after service.

All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service.

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

Civil cases

The paragraph’s deadlines are stayed while a properly filed summary-judgment motion is pending.

However, if any party files a motion for summary judgment in accordance with the Court’s Individual Rules, the deadlines in this paragraph are stayed pending resolution of that motion.

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

Deadline

3 business days

A responsive letter should be submitted within three business days after the Letter-Motion is submitted.

Any responsive letter should be submitted within three (3) business days after submission of the Letter-Motion.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

10 calendar days

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: The recusal letter must be filed before any appearance before or application made to Judge Vargas, and in any event no later than 10 calendar days from assignment of the matter.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

3 calendar days ?

If all parties consent, the remaining paragraphs need not be completed. Instead, the parties shall submit to the Court a fully executed SDNY Form Consenting to Proceed for All Purposes Before a Magistrate Judge, available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla, within three (3) days of submitting this Proposed Civil Case Management Plan and Scheduling Order.

Summary: If all parties consent to proceed before a magistrate judge, they must submit a fully executed SDNY consent form to the Court within three (3) days of submitting the Proposed Civil Case Management Plan and Scheduling Order.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Any motion to amend or to join additional parties shall be filed no later than ________________ [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference. Any motion to amend or to join additional parties filed after this deadline will be subject to the “good cause” standard in Fed. R. Civ. P. 16(b)(4) rather than the more lenient standards of Fed. R. Civ. P. 15 and 21.]

Summary: Motions to amend pleadings or join additional parties (which require leave of court) must be filed no later than 30 days after the initial pretrial conference absent exceptional circumstances, and motions filed after that deadline are subject to the Rule 16(b)(4) good cause standard.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

14 calendar days ?

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than _______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 14 days following the

Summary: Rule 26(a)(1) initial disclosures must be completed within 14 days following the initial pretrial conference absent exceptional circumstances (the bracketed default is truncated in the source).

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Any agreement reached between the parties concerning ESI is to be filed within 30 days from the date of this Order.

Summary: Any agreement between the parties concerning ESI must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Summary: Any confidentiality agreement between the parties must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

The parties are also to discuss protocols for asserting claims of privilege or of protection as trial-preparation material after such information is produced, pursuant to Federal Rule of Evidence 502. Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

Summary: Any agreement between the parties concerning FRE 502 privilege/clawback protocols must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

120 calendar days ?

All fact discovery shall be completed no later than __________________. [A date not more than 120 days following the initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

Summary: All fact discovery must be completed no later than 120 days following the initial pretrial conference, unless the Court finds unique complexities or other exceptional circumstances.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

45 calendar days ?

All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than ____________________. [Absent exceptional circumstances, a date not more than 45 days from the date in paragraph 6(e) (i.e., the completion of all fact discovery).]

Summary: All expert discovery, including reports, production of underlying documents, and depositions, must be completed no later than 45 days after completion of fact discovery, absent exceptional circumstances.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Summary: A responsive letter to a discovery dispute conference request must be submitted within three business days after the request is received.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

The submission shall be filed within 30 days of the close of fact or expert discovery, whichever comes later.

Summary: The pre-motion submission for a summary judgment motion must be filed within 30 days of the close of fact or expert discovery, whichever comes later.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Similarly, any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, is to be filed at the same time as any dispositive motions in which such testimony is implicated, or on any other schedule established by the Court.

Summary: Daubert motions to exclude expert testimony must be filed at the same time as any dispositive motions in which such testimony is implicated, or on another schedule set by the Court.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

14 calendar days ?

Unless otherwise ordered by the Court, opposition to any such motion is to be filed two weeks after the motion is served on the opposing party

Summary: Opposition to a Daubert motion is due two weeks after the motion is served on the opposing party, unless otherwise ordered by the Court.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

7 calendar days ?

a reply, if any, is to be filed one week after service of any opposition.

Summary: A reply to a Daubert motion, if any, is due one week after service of the opposition.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

The parties shall also follow Rule 7 of the Court's Individual Rules, which rule identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine.

Summary: Submissions required by Rule 7 of the Court's Individual Rules, including any motions in limine, must be made at or before the time of the Joint Pretrial Order.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

If this action is to be tried before a jury, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed simultaneously with the Joint Pretrial Order on the date set by the Court

Summary: In jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions must be filed simultaneously with the Joint Pretrial Order on the date set by the Court.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

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

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

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

If this action is to be tried to the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court’s Individual Rules.

Summary: In bench trials, proposed findings of fact and conclusions of law must be filed on or before the Joint Pretrial Order due date.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

shall file a motion for no later than . Any opposition shall be filed by and any reply shall be filed by .

Summary: The case management plan sets a court-specified deadline for filing a motion, with opposition and reply deadlines also to be specified (dates left blank in this form).

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

Summary: The joint status letter regarding the status of the case must be filed by Thursday of the week prior to the pretrial conference.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Deadline

7 calendar days ?

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: The criminal-case letter must be submitted no later than one week before the scheduled appearance.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties should electronically file via ECF a joint pretrial order and provide one courtesy copy to the Court.

Summary: The joint pretrial order is due within 30 days after completion of discovery or, if a dispositive motion was filed, within 30 days after decision on the motion, unless otherwise ordered.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

Three business days after the submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial.

Summary: Within three business days after submitting direct-testimony affidavits, each party must submit a list of affiants it intends to cross-examine at trial.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Deadline

24 hours

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: Pre-plea submissions must be emailed to WillisCriminalDuty@nysd.uscourts.gov at least 24 hours before the plea.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Deadline

14 calendar days ?

Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled sentencing.

Summary: Pre-sentence submissions in misdemeanor cases must be submitted no later than 2 weeks before the scheduled sentencing.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Deadline

3 business days

Any responsive letter should be submitted within 3 business days after submission of the letter motion and should be no longer than 3 single-spaced pages.

Summary: Responsive letters to discovery letter motions are due within 3 business days after submission of the letter motion.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Deadline

3 business days

Failure to respond within 3 business days will result in a waiver of any objections.

Summary: Failure to respond to a discovery letter motion within 3 business days results in waiver of any objections.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Deadline

7 calendar days ?

One week before the scheduled conference, the parties shall file on ECF a Proposed Case Management Plan and Report of Rule 26(f) Meeting.

Summary: The Proposed Case Management Plan and Report of Rule 26(f) Meeting must be filed on ECF one week before the scheduled Initial Case Management Conference.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Deadline

30 calendar days ?

Unless otherwise ordered by the Court, within 30 days from the date of completion of discovery in a civil case, the parties shall submit to the Court for its approval a Joint Pretrial Order.

Summary: In consent cases, the parties must submit a Joint Pretrial Order for the Court's approval within 30 days after completion of discovery, unless otherwise ordered.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Deadline

30 calendar days ?

within 30 days after the completion of discovery each party shall file its own Pretrial Statement

Summary: In pro se cases, each party's Pretrial Statement is due within 30 days after the completion of discovery.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Unless otherwise ordered by the Court, the deadline for submission of the Joint Pretrial Order will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions.

Summary: The Joint Pretrial Order deadline will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions, unless otherwise ordered.

The quote is in the court's document. The summary is not checked yet.WARNING?

Deadline

3 business days

Any responsive letter should be submitted within 3 business days after submission of the letter motion.

Summary: Responsive letters to letter motions should be submitted within 3 business days after the letter motion is submitted.

The quote is in the court's document. The summary is not checked yet.INFO?

Civil cases

At the pretrial conference, the Court will set a schedule for submission of additional materials, including proposed voir dire questions, requests to charge, and verdict forms.

Summary: The Court sets the submission schedule for proposed voir dire questions, requests to charge, and verdict forms at the pretrial conference.

The quote is in the court's document. The summary is not checked yet.INFO?

Civil cases

Deadline

7 calendar days ?

Date(s) for production of privilege logs (The Court's preference is that privilege logs be produced simultaneously or within a week of each production tranche):

Summary: Privilege logs should be produced simultaneously with or within a week of each production tranche.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

2 business days ?

Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days.

Summary: Opposing parties must make themselves available to confer within 2 business days of a discovery dispute conference request.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

10 business days

If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion

Summary: Discovery dispute letter-motions may be filed after 10 business days of dispute or sooner if impasse is reached.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

2 business days ?

Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within two business days.

Summary: Oppositions to letter-motions seeking relief must be filed within two business days.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

14 calendar days ?

Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order...

Summary: Joint pretrial order must be submitted at least 14 days before final pretrial conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross-examine at the trial.

Summary: Parties must submit a list of affiants to cross-examine three business days after submitting affidavits.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

7 calendar days ?

Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

Summary: Oppositions to motions in limine and pretrial memorandum legal arguments must be filed within one week of the pretrial order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

Summary: Parties must meet and confer before filing sealed/redacted documents; third parties must file explanatory letter within 3 business days of notice.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Plaintiff shall file, within thirty (30) days of filing the complaint, a RICO case statement; a copy shall be delivered to Chambers.

Summary: Plaintiff must file a RICO case statement within 30 days after filing the complaint.

Machine summary. Not checked yet.CRITICAL?

Deadline

2 calendar days ?

If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.

Summary: Agreed case management plans must be submitted via ECF no later than two days before the scheduled initial pretrial conference.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

In all matters in which the complaint contains a RICO claim, the plaintiff(s) must file a RICO Case Statement, in accordance with the Court’s RICO Case Standing Order, which is available on the Court’s website (http://nysd.uscourts.gov/judge/Mcmahon), within 30 days of filing the complaint.

Summary: Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

Machine summary. Not checked yet.CRITICAL?

Deadline

5 calendar days ?

Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date.

Summary: Requests to exceed memoranda page limits must be made in writing 5 days before due date (1 day for reply briefs).

Machine summary. Not checked yet.CRITICAL?

Deadline

14 business days

Opposition to each such motion must be filed separately and must be received by the court no later than fourteen (14) business days following the date on which such motions are due. NO EXTENSIONS WILL BE GRANTED.

Summary: Oppositions to lead counsel motions in PSLRA cases must be filed within 14 business days of the motion due date, with no extensions permitted.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

Wait at least 30 days after service is effected to allow for the receipt of an appearance by mail; then

Summary: Wait at least 30 days after service before applying for certificate of default to allow for appearance by mail.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order).

Summary: Summary judgment motions must be filed within 30 days after the close of discovery.

Machine summary. Not checked yet.CRITICAL?

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Summary: Daubert motions to exclude expert testimony must be filed by the dispositive motion deadline and not treated as motions in limine.

Machine summary. Not checked yet.CRITICAL?

Deadline

5 calendar days ?

Reponses are due five days later.

Summary: Responses to in limine motions are due 5 days after the motion is filed.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre-discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit.

Summary: Defendants must depose plaintiff within 30 days of filing qualified immunity notice of motion, before briefing, as this is the only allowed plaintiff deposition pre-discovery.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

After the plaintiff’s deposition, the defendant(s) has/have thirty days to file a brief in support of the motion to dismiss (order your deposition transcript accordingly, please).

Summary: Defendants have 30 days after plaintiff’s deposition to file brief in support of qualified immunity motion.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

The plaintiff will have 30 days from the filing of the brief in support of the motion to file its response.

Summary: Plaintiff has 30 days after defendant’s brief filing to file response to qualified immunity motion.

Machine summary. Not checked yet.CRITICAL?

Counsel are not to set a “return date.”

Summary: Counsel are prohibited from setting a return date for motions.

Machine summary. Not checked yet.CRITICAL?

Deadline

5 calendar days ?

In limine motions are not to be filed with the pretrial order. They must be filed no later than five days after the parties are noticed for final pretrial conference.

Summary: In limine motions must be filed no later than 5 days after final pretrial conference notice, not with the pretrial order.

Machine summary. Not checked yet.CRITICAL?

Deadline

20 calendar days ?

Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: • Proposed findings of fact and conclusions of law; • Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; • Sworn statements constituting the direct testimony of each witness to be presented.

Summary: Counsel must submit and exchange proposed findings, trial memoranda, and sworn witness statements 20 days before final pretrial conference in bench trials unless otherwise instructed.

Machine summary. Not checked yet.CRITICAL?

Deadline

10 calendar days ?

In bench trials, counsel must prepare and exchange sworn statements containing the direct testimony of each witness they intend to call, other than hostile witnesses or witnesses outside of their control. These witness statements will be submitted and exchanged ten days before the final pretrial conference and shall be used at trial in accordance with the following procedure:

Summary: In bench trials, witness statements (excluding hostile/uncontrolled witnesses) must be submitted and exchanged 10 days before final pretrial conference.

Machine summary. Not checked yet.CRITICAL?

Deadline

10 calendar days ?

Evidentiary hearings in civil matters are conducted according to the Judge’s rules for bench trials, Part VII.F, supra. Thus, no fewer than ten days before an evidentiary hearing, parties should submit (a) sworn witness statements, (b) memoranda of law, and (c) proposed findings of fact and conclusions of law.

Summary: For civil evidentiary hearings, parties must submit sworn witness statements, memoranda of law, and proposed findings 10 days before the hearing.

Machine summary. Not checked yet.CRITICAL?

Deadline

5 calendar days ?

In addition, and also no fewer than five days before an evidentiary hearing, counsel shall provide one pre-marked set of exhibits for the adversary and one for the Court. All exhibits must be pre-marked, using the form PX-1 through PX-n and DX-1 through DX-n. If possible, exhibits should be bound or collated in a binder. Each exhibit should be tabbed. Exhibits containing multiple documents (e.g., multiple banks statements) are disfavored. The copies provided to the Court will be for the Court’s use only. Counsel should bring their own copies for use by witnesses.

Summary: For civil evidentiary hearings, counsel must provide pre-marked exhibits to adversary and Court 5 days before, with specific formatting requirements.

Not confirmed. Read the court's wording below.CRITICAL?

Deadline

30 calendar days ?

Unless otherwise ordered by this Court, within thirty (30) days after the date for completion of discovery in a civil case, the parties shall submit to this Court, for its approval, a joint pretrial order, which shall include the following:

Summary: Unless the Court orders otherwise, the joint pretrial order must be submitted within 30 days after the date for completion of discovery.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Any motion to amend or to join additional parties shall be filed within ______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 30 days following the initial pretrial conference.]

Summary: Motions to amend pleadings or join additional parties must be filed within 30 days following the initial pretrial conference, absent exceptional circumstances.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

14 calendar days ?

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than __________ days from the date of this Order. [Absent exceptional circumstances, within 14 days of the parties' conference pursuant to Rule 26(f).]

Summary: Initial disclosures under Rule 26(a)(1) must be completed within 14 days of the parties' Rule 26(f) conference, absent exceptional circumstances.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

120 calendar days ?

All fact discovery shall be completed no later than ______________________. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

Summary: All fact discovery must be completed within a period not exceeding 120 days, unless the case presents unique complexities or exceptional circumstances.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than thirty (30) days before the close of discovery. No other interrogatories are permitted without prior express permission of the Court.

Summary: Contention interrogatories must be served no later than 30 days before the close of discovery; no other interrogatories are permitted without prior express permission of the Court.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by ______________________. [Absent exceptional circumstances, a date not less than 30 days prior to the date set forth in paragraph 7(a).]

Summary: Requests to admit must be served no less than 30 days prior to the close of fact discovery, absent exceptional circumstances.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Any proposed order or stipulation regarding electronically stored information shall be filed within 30 days of the date of this Order.

Summary: Any proposed order or stipulation regarding electronically stored information must be filed within 30 days of the Order.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Deadline

2 calendar days ?

By _____________ [two weeks after the close of fact discovery], the parties shall submit a post-fact discovery joint status letter, as outlined in Section 8(d) of the Court’s Individual Rules and Practices in Civil Cases.

Summary: The parties must submit a post-fact-discovery joint status letter two weeks after fact discovery closes.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Deadline

1 calendar days ?

[If applicable] By _____________ [one week after the close of expert discovery], the parties shall submit a post-discovery joint status letter, as outlined in Section 8(e) of the Court’s Individual Rules and Practices in Civil Cases.

Summary: If applicable, the parties must submit a post-discovery joint status letter one week after expert discovery closes.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

No later than two weeks before trial, the parties shall jointly file on ECF and submit by email to VargasNYSDChambers@nysd.uscourts.gov a Microsoft Word version of the following documents:

Summary: The parties must jointly file the specified jury-case pretrial documents on ECF and email Microsoft Word versions to Chambers no later than two weeks before trial.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Deadline

2 calendar days ?

Oppositions shall be filed within two weeks of service of any such motions,

Summary: Oppositions to summary judgment or expert-exclusion motions must be filed within two weeks after service.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

1 business days ?

If the opposing party wishes to respond to the letter, it must inform the Court within one business day that a responsive letter is forthcoming and file the letter within three business days. The same page limits and filing instructions apply. Reply letters are not permitted.

Summary: Opposing party must inform the Court within one business day of intent to respond and file the response within three business days; reply letters are not permitted.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 calendar days ?

Counsel for the party or parties that removed the case must follow 28 U.S.C. § 1446(a) and file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

Summary: Removing party must file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Unless otherwise ordered by the Court, within 30 days from the Court's decision on a summary judgment motion, the parties must file on ECF a proposed Joint Pretrial Order.

Summary: Parties must file a proposed Joint Pretrial Order on ECF within 30 days of the Court's decision on a summary judgment motion.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

Counsel seeking to bring a device into the Courthouse for an appearance must, at least three business days before the appearance, file a letter (not letter motion) and completed Electronic Devices General Purposes Form, available at https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose.

Summary: The letter and completed Electronic Devices General Purposes Form must be filed at least three business days before the appearance.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

Summary: Any agreement between the parties concerning protocols for privilege or trial-preparation material must be filed within 30 days of the order.

Not confirmed. Read the court's wording below.CRITICAL?

Deadline

30 calendar days ?

Unless otherwise specified by the Court, within thirty (30) days after the close of discovery or, if any dispositive motion is filed, within three (3) weeks from the Court’s decision on such motion, the parties shall submit a proposed joint pretrial order by email to Chambers inbox.

Summary: Unless the Court specifies otherwise, the parties must email Chambers a proposed joint pretrial order within 30 days after discovery closes, or, if a dispositive motion is filed, within three weeks after the Court decides it.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

4 business days ?

At least four business days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at https://nysd.uscourts.gov/hon-paul-engelmayer; and (2) a joint letter, not to exceed three single-spaced pages in length, describing the case, any contemplated motions, and the prospect for settlement.

Summary: Parties must file proposed case management plan and joint letter on ECF 4 business days before initial conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.

Summary: Responses to discovery dispute letters must be filed within 3 business days; responding party should call chambers to advise of response.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

21 calendar days ?

If a motion to dismiss is filed, the plaintiff has a right to amend its pleading, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days.

Summary: Plaintiff has 21 days to amend pleading after motion to dismiss is filed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

14 calendar days ?

In cases to be tried by jury, within two weeks of the close of fact discovery, the parties must submit a joint letter to the Court stating whether all parties consent to a settlement conference to be held before this Court or the assigned Magistrate Judge.

Summary: Jury case parties must submit joint settlement conference consent letter within 2 weeks of close of fact discovery.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

0 calendar days ?

All documentary exhibits.

Summary: All documentary exhibits must be submitted at the time of joint pretrial order filing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

7 calendar days ?

within one week after the filing of the pretrial order

Summary: Opposition documents must be filed within one week after the pretrial order is filed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

2 calendar days ?

in no event less than two days before the scheduled trial date

Summary: Opposition documents must be filed no less than two days before the scheduled trial date.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

0 calendar days ?

At the time the joint pretrial order is filed, each party shall submit to the Court and serve on opposing counsel, copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.

Summary: Parties must submit affidavits of direct testimony to the court at the time of joint pretrial order filing, with exceptions for certain witnesses.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial.

Summary: Counsel must submit a list of affiants to cross-examine three business days after submitting affidavits.

Not confirmed. Read the court's wording below.CRITICAL?

Any objections to proceeding by telephone or video shall be filed with the Court no later than one week prior to the scheduled conference and shall include relevant legal authorities.

Summary: Objections to telephone or video proceedings must be filed no later than one week before the scheduled conference.

Machine summary. Not checked yet.CRITICAL?

Court noticeNotice of rule changes; check the effective date before relying on it

Deadline

7 calendar days ?

The granting of a motion under Rule 15(a)(2) or (d) does not constitute the filing of the amended or supplemental pleading. Unless the court orders otherwise, a represented moving party must file the new pleading within seven days of the order granting the motion.

Summary: Represented parties must file the amended or supplemental pleading within seven days of the order granting a Fed. R. Civ. P. 15(a)(2) or (d) motion.

Machine summary. Not checked yet.CRITICAL?

Deadline

10 calendar days ?

Upon the filing of a motion to dismiss, the Court will ordinarily issue an order requiring the non-moving party, within 10 days, to notify the Court whether it intends to file an amended pleading, or will rely on the pleading being attacked.

Summary: Upon filing a motion to dismiss, the non-moving party must notify the Court within 10 days whether they will amend their pleading or rely on the existing one.

Machine summary. Not checked yet.CRITICAL?

Deadline

21 calendar days ?

If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

Summary: If the non-moving party amends their pleading, the moving party has 21 days to answer, file a new motion to dismiss, or notify the Court they rely on the initial motion.

Machine summary. Not checked yet.CRITICAL?

Deadline

7 calendar days ?

within one week of the filing of any document described in section 3.B above

Summary: Opposition documents listed in 3.C must be filed within one week of the filing of corresponding 3.B pretrial documents.

Machine summary. Not checked yet.CRITICAL?

Deadline

21 calendar days ?

21 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the Joint Pretrial Order if no date has been fixed

Summary: Non-jury case affidavits, deposition excerpts, and exhibits must be submitted 21 days before trial (fixed date) or 30 days after Joint Pretrial Order (no fixed date).

Machine summary. Not checked yet.CRITICAL?

Deadline

3 business days ?

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at trial.

Summary: Counsel must submit list of affiants to cross-examine 3 business days after submitting direct testimony affidavits.

Machine summary. Not checked yet.CRITICAL?

Deadline

2 business days ?

Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.

Summary: Bankruptcy appeal brief deadlines may be extended by stipulation submitted 2 business days before brief due date.

Machine summary. Not checked yet.CRITICAL?

Deadline

3 business days ?

Applies to

Certificate of service

At least three business days before the return date, electronically file a certificate of service of the signed Order to Show Cause that complies with Local Civil Rule 55.2(a)(3).

Summary: Certificate of service for signed Order to Show Cause must be filed at least 3 business days before the return date.

Machine summary. Not checked yet.CRITICAL?

Deadline

14 calendar days ?

Applies to

Sentencing submission

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed at least 14 days in advance of the date set for sentence.

Summary: Defendant's sentencing submission must be filed at least 14 calendar days before the scheduled sentencing date, unless otherwise ordered.

Machine summary. Not checked yet.CRITICAL?

Deadline

7 calendar days ?

Applies to

Sentencing submission

The government’s sentencing submission shall be filed at least 7 days in advance of the date set for sentence.

Summary: Government's sentencing submission must be filed at least 7 calendar days before the scheduled sentencing date.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Initial sets of interrogatories shall be served on or before .

Summary: Initial interrogatories must be served on or before a specified date.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

All subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

Summary: Subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

30 calendar days ?

Requests for admission must be served on or before , and in any event no later than 30 days before the fact discovery deadline.

Summary: Requests for admission must be served no later than 30 days before the fact discovery deadline.

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Civil cases

Deadline

30 calendar days ?

All subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

Summary: Subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information, and in any event, no later than the fact discovery deadline.

Summary: Rule 26(e) supplementations must be made within a reasonable time after information discovery, and no later than the fact discovery deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

To the extent that any party claims any privilege or work product protection, privilege logs will be exchanged by _____________________.

Summary: Parties must exchange privilege logs by a specified date if claiming privilege or work product protection.

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Civil cases

Amendment of pleadings after this date will be permitted only on a showing of “good cause” under Fed. R. Civ. P. 16(b)(4).

Summary: Pleading amendments after the Rule 15(a) deadline are only permitted with a showing of good cause under Rule 16(b)(4).

Not confirmed. Read the court's wording below.CRITICAL?

Deadline

1 calendar days ?

One week before the Initial Case Management Conference, the parties must file on ECF a Report on Rule 26(f) Conference and Proposed Case Management Plan.

Summary: In non-pro se cases, the parties must file the Rule 26(f) Conference Report and Proposed Case Management Plan on ECF one week before the Initial Case Management Conference.

Machine summary. Not checked yet.WARNING?

The filing of a motion for summary judgment does not excuse or extend the time for filing the pretrial order unless the Court otherwise directs. Such applications are disfavored and will almost never be granted.

Summary: Filing a motion for summary judgment does not extend the pretrial order deadline unless the Court orders otherwise, and such extensions are disfavored.

Machine summary. Not checked yet.WARNING?

Civil cases

Deadline

10 calendar days ?

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ______________________________. [Absent exceptional circumstances, a date not more than 10 days following the initial pretrial conference.]

Summary: Plaintiffs must provide HIPAA-compliant medical records release authorizations to defendants within 10 days following the initial pretrial conference, absent exceptional circumstances.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Deadline

2 calendar days ?

Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed.

Summary: Unless the Court orders otherwise for good cause, the parties must be ready for trial two weeks after filing the Joint Pretrial Order.

Machine summary. Not checked yet.WARNING?

Civil cases

Motions to exclude expert testimony must be made by the deadline for dispositive motions and should not be treated as a motion in limine.

Summary: Motions to exclude expert testimony must be made by the deadline for dispositive motions, not as a motion in limine.

Not confirmed. Read the court's wording below.WARNING?

Deadline

30 calendar days ?

If (1) counsel agree on a schedule that calls for the close of all discovery not more than six (6) months from the date of the Notice of Initial Pretrial Conference; (2) counsel submit the Proposed Case Management Plan and Scheduling Order to the Court no later than thirty (30) days before the initial pretrial conference; and (3) the Court signs and dockets the Proposed Case Management Plan and Scheduling Order, the initial pretrial conference will be cancelled and the parties need not appear in person.

Summary: The initial pretrial conference is cancelled and in-person attendance is unnecessary if the stated discovery schedule, 30-day submission, and Court approval conditions are met.

Not confirmed. Read the court's wording below.WARNING?

Deadline

48 hours

At any time after the Ready Trial date, the Court may call the parties to trial upon forty-eight (48) hours’ notice.

Summary: After the Ready Trial date, the Court may call the parties to trial on 48 hours’ notice.

Machine summary. Not checked yet.INFO?

All date and hour calculations are governed by Federal Rule of Civil Procedure 6, in civil matters, or Federal Rule of Criminal Procedure 45, in criminal matters.

Summary: Date and hour calculations use FRCP 6 for civil matters and FRCP 45 for criminal matters.