Southern District of New York Service and Proof of Service Rules

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

Civil cases

Applies to

Disclosure of asserted claims and infringement contentions

A party claiming patent infringement must serve its Disclosure of Asserted Claims and Infringement Contentions on all parties by the specified deadline, unless the parties agree otherwise.

Unless otherwise agreed to by the parties, no later than ____________, a party claiming patent infringement shall serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions.”

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

Civil cases

Deadline

45 calendar days

Unless the parties agree otherwise, each party opposing infringement must serve its Invalidity Contentions on all parties no later than 45 days after service of the infringement contentions.

Unless otherwise agreed to by the parties, no later than 45 days after service upon it of the Disclosure of Asserted Claims and Infringement Contentions, each party opposing a claim of patent infringement shall serve on all parties its “Invalidity Contentions,” which shall contain the following information:

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

Applies to

Order to show cause

Counsel must file proof of service of the OSC on the client before the return date.

Before the return date, counsel must file proof of service of the OSC on the client.

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

After the signed Order to Show Cause is docketed, the moving party must serve it and its supporting documents on the defendant as directed in the order.

4. After the Judge signs the Order to Show Cause, it will be docketed. The moving party must then serve a copy of the Order to Show Cause, and the supporting documents, on the defendant as directed in the Order to Show Cause

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

Applies to

Rule 404(b) notice

A Rule 404(b) notice must be served 30 days before trial.

i. Any Rule 404(b) notice shall be served thirty (30) days prior to the commencement of trial.

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

Civil cases

Applies to

Motion in limine

When the joint pretrial order is filed, the parties must file and serve motions on evidentiary issues or other matters that should be resolved in limine.

At the time the joint pretrial order is filed, the parties shall file and serve motions addressing any evidentiary issues or other matters which should be resolved in limine.

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

Civil cases

Applies to

Proposed findings conclusions

In a non-jury case, each party must file and serve proposed findings of fact and conclusions of law when the joint pretrial order is filed.

At the time the joint pretrial order is filed in a non-jury case, each party shall file and serve proposed findings of fact and conclusions of law.

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

Civil cases

Copies of the letter-motion must be delivered to all counsel simultaneously with the email submission.

Such letter-motions may be emailed to VargasNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel.

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

Civil cases

Applies to

Default judgment

All documents supporting a default-judgment request must be personally served on or mailed to the party against whom default 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 and corrected to match the court's document on Oct 4, 2026CRITICAL

Counsel must simultaneously receive copies of faxed or emailed Chambers communications.

Faxes and email communications to Chambers are permitted only if copies are also simultaneously faxed or emailed to all counsel.

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

Deadline

2 calendar days

Applies to

Sentencing submission

Unless the Court orders otherwise, the defendant must serve the sentencing submission two weeks before sentencing.

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two (2) weeks in advance of the date set for sentencing;

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

Deadline

1 calendar days

Applies to

Sentencing submission

The Government must serve its sentencing submission one week before sentencing.

The Government’s sentencing submission shall be served one (1) week in advance of the date set for sentencing.

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

After the Judge signs the Order, make two conforming copies, leave one with Chambers, and serve one on the defendant.

After the Judge signs the Order, make two conforming copies of the Order and the attachments. Leave one copy with Chambers, and serve one copy on the defendant.

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

Criminal cases

Applies to

Sentencing submission

A defendant must serve the sentencing submission two weeks before the sentencing date.

A defendant's sentencing submission shall be served two weeks in advance of the date set for sentence.

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

Criminal cases

Applies to

Sentencing submission

The government must serve its sentencing submission one week before the sentencing date.

The government's sentencing submission shall be served one week in advance of the date set for sentence.

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

Counsel must serve a pro se party with a paper copy of every electronically filed document and file a separate Affidavit of Service.

Counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service.

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

A submission without proof that the pro se party was served will not be considered.

Submissions filed without proof of service that the pro se party was served will not be considered.

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

Applies to

Notice

A party filing one of the specified motions must provide the pro se party with the notices required by Local Civil Rule 12.1 or 56.2.

Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

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

Criminal cases

Applies to

Sentencing submission

The Government must serve its sentencing submission one week before sentencing.

The Government’s sentencing submission shall be served one week in advance of the date set for sentence.

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

Criminal cases

Deadline

2 calendar days

Unless the Court orders otherwise, the defendant must serve the sentencing submission on the Government and email it to Chambers no later than two weeks before sentencing.

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served on the Government and e- mailed to Chambers no later than two weeks before the date set for sentencing.

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

Criminal cases

The Government must serve its sentencing submission on the defendant and email it to Chambers no later than one week before sentencing.

The Government’s sentencing submission shall be served on the defendant and e-mailed to Chambers no later than one week before the date set for sentencing.

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

Civil cases

Default-judgment applications must provide reasonable notice by an authorized method, with specified methods for domestic and international parties.

Applications for default judgments must comply with Local Civil Rule 55.1 and 55.2 and must provide reasonable notice to the party against whom default shall be entered by: 1. First-class mail or courier, if the party is domestic; 2. Courier, if the party is international; or 3. Any method authorized by Rule 4 of the Federal Rules of Civil Procedure.

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

Civil cases

Service

Email to all parties

Copies of the completed form must be sent to all other parties simultaneously with its email to the Court.

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 4, 2026CRITICAL

A party receiving a Third Party production must provide a copy to all other parties.

Any party that receives a production from a Third Party must provide a copy of that production to all other parties in this action.

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

A pro se party must send each filing to any party who is not an ECF user and 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), a pro se party must send copies of any filing to the party and include proof of service affirming that he or she has done so.

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

Applies to

Notice

When a dismissal or pleadings-judgment motion against a pro se litigant refers to matters outside the pleadings, counsel must serve and file the Local Civil Rule 12.1 notice.

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.

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

Civil cases

Applies to

Initial requests for production

Initial Rule 34 document requests must be served by the deadline set in the order, ordinarily no more than 30 days after the Initial Pretrial Conference absent exceptional circumstances.

Initial requests for production of documents pursuant to Fed. R. Civ. P. 34 shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]

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

The initial pretrial conference notice will be available on ECF, and plaintiff’s counsel must distribute it to all parties.

The Notice of Initial Pretrial Conference will be made available on ECF and the plaintiff’s counsel will be responsible for distributing copies to all parties.

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

Civil cases

Deadline

30 calendar days ?

Applies to

Contention interrogatories

Service

Other

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

Summary: Contention interrogatories under Local Civil Rule 33.3(c) must be served no later than 30 days before the close of discovery, and no other interrogatories may be served without the Court's prior express permission.

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

Civil cases

Applies to

Rule 56 1 statement ?

Service

Electronic service to all parties ?

Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts Pursuant to Local Rule 56.1. Opposing parties shall reproduce to each entry directly beneath it.

Summary: The summary judgment movant must provide all other parties an electronic Microsoft Word copy of its Rule 56.1 statement, and opposing parties must reproduce each entry directly beneath it.

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

Civil cases

Applies to

Deposition excerpts and synopses ?

Service

Other to opposing party ?

Submit to the Court and serve on opposing counsel, but shall not electronically file, 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 and their synopses must be served on opposing counsel.

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

Civil cases

Applies to

Direct testimony affidavits ?

Service

Other to opposing party ?

Submit to the Court and serve on opposing counsel, but shall not electronically file, copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of (1) an adverse party, (2) a person whose attendance is compelled by subpoena, or (3) a person for whom the Court has agreed to hear direct testimony live at the trial.

Summary: Affidavits constituting the direct testimony of trial witnesses must be served on opposing counsel.

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

Applies to

Order to show cause

Service

Personal service to opposing party ?

After the Judge signs the Order to Show Cause, serve a conforming copy of the Order and the supporting papers on the defendant by the following methods of service: A. one of the methods described in Federal Rule of Civil Procedure 4(e)(2), B. any alternative method previously approved by the Court in this case, or C. other alternative method explained in the attorney affidavit.

Summary: After the Judge signs the Order to Show Cause, serve a conforming copy of the Order and supporting papers on the defendant by FRCP 4(e)(2) methods, a previously approved alternative method, or another method explained in the attorney affidavit.

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

Service

Mail to court ?

By Standing order, a pro se party must mail all communications with the Court to the Pro Se Intake Unit located at 500 Pearl St., Room 230, New York, NY 10007.

Summary: Pro se parties must mail all communications with the Court to the Pro Se Intake Unit at 500 Pearl St., Room 230, New York, NY 10007.

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

Service

Mail to all parties ?

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 the party and include proof of service affirming that he or she has done so.

Summary: If any other party is not an ECF user, a pro se party must send copies of any filing to that party and include proof of service.

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

Applies to

Submission

Service

Other to opposing party ?

As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are reported exclusively in computerized databases.

Summary: Counsel must provide pro se litigants with printed copies of any cited decisions reported exclusively in computerized databases, as required by Local Civil Rule 7.2.

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

Service

Mail to all parties ?

The party must file an original Pretrial Statement with the Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to the other party or that party's attorney.

Summary: Each party must file an original Pretrial Statement with the Pro Se Office, serve a copy on all other parties or their counsel, and the original must indicate the date the copy was mailed.

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

Civil cases

Applies to

Hipaa medical records release ?

Service

Other to opposing party ?

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ________________________________.

Summary: If applicable, plaintiffs must provide HIPAA-compliant medical records release authorizations to defendants by the deadline set in the Case Management Plan (date left blank in the form).

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

Service

Personal service to court ?

Submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit.

Summary: Pro se submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit.

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

Service

Personal service to court ?

Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.

Summary: Hand-delivered mail must be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.

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

Deadline

0 calendar days ?

Applies to

Proposed case management plan

Service

Mail to opposing party ?

The pro se party should submit the Proposed Case Management Plan for Pro Se Cases to the Pro Se Intake Unit and the represented party should submit it via ECF and simultaneously mail a copy to the pro se party.

Summary: The represented party must simultaneously mail a copy of the Proposed Case Management Plan for Pro Se Cases to the pro se party.

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

Service

Electronic service to all parties ?

Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system.

Summary: Pro se communications with the Court are docketed upon receipt, and that docketing constitutes service on any ECF system user, unless the Court orders otherwise.

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

Civil cases

Applies to

Claim construction brief ?

The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _____________. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on ________________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _______________. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _____________.

Summary: The plaintiff must serve its opening and reply briefs and the defendant its answering and sur-reply briefs; these briefs are served but not filed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

10 calendar days ?

Service

Other to all parties ?

When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so.

Summary: Non-moving parties electing to amend under Rule 15(a)(1) after motion to dismiss must notify court and adversary within 10 days of motion receipt with intended filing date.

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Civil cases

Applies to

Calculation files ?

Service

Email to chambers ?

iii. if the proposed damages are supported by calculations, native versions of the files with calculations (i.e., versions of the files in their original format, such as in “.xlsx”), which shall be emailed to Chambers;

Summary: Native calculation files supporting default judgment damages must be emailed to Chambers.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

TRO application ?

Service

Electronic service to all parties ?

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

Summary: Noticed TRO applications must be filed on ECF, served on all parties, and Chambers emailed.

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Civil cases

Applies to

Affidavit ?

Service

Other to opposing party ?

serve on opposing counsel

Summary: Affidavits of direct trial witness testimony must be served on opposing counsel.

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

Applies to

Rule 56 1 statement ?

Service

Electronic service to all parties ?

Except in pro se cases where the moving or non-moving party does not have access to word processing, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1.

Summary: In summary-judgment motions, the moving party must provide all other parties an electronic copy of its Rule 56.1 statement, except in pro se cases where a moving or non-moving party lacks access to word processing.

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

Deadline

3 business days

Applies to

Proof of service

5. Proof of service on the defendant of a copy of the Order to Show Cause and supporting documents must be electronically filed three (3) business days in advance of the return date.

Summary: Proof of service of the Order to Show Cause and supporting documents must be electronically filed three business days before the return date.

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

Deadline

2 calendar days ?

Applies to

Sentencing submission

A defendant’s sentencing submission must be served two weeks in advance of the date set for sentence.

Summary: A defendant must serve the sentencing submission two weeks before the sentencing date.

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

Deadline

1 calendar days ?

Applies to

Sentencing submission

The Government’s sentencing submission must be served one week in advance of the date set for sentence.

Summary: The Government must serve its sentencing submission one week before the sentencing date.

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Applies to

Motion for default judgment

Service

Personal service to opposing party ?

Once a certificate of default has been obtained, serve a copy of the Motion for Entry of a Default Judgment on the defaulting defendant in the same manner as prescribed for service of process. Notwithstanding any provision in Local Civil Rules 55.1 and 55.2, this court REQUIRES that a notice of motion for default judgment be served in the same manner as a summons and contain the following language:

Summary: Default judgment motions must be served on the defendant in the same manner as a summons (same as service of process).

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Applies to

Motion for reconsideration

Service

Other

Motions for reconsideration are to be served in the same manner as other motions.

Summary: Motions for reconsideration must be served using the same method as other motions.

Machine summary. Not checked yet.CRITICAL?

Service

Other to opposing party ?

The opposing party need not serve any responsive papers (including letters) unless specifically directed to do so by Judge McMahon.

Summary: Opposing parties are not required to serve responsive papers to motions for reconsideration unless directed by Judge McMahon.

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Deadline

14 calendar days ?

Applies to

Answering paper

Service

Other ?

Answering papers or motions are to be served fourteen days after receipt of the moving papers.

Summary: Answering papers must be served 14 days after receipt of moving papers.

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Deadline

5 calendar days ?

Applies to

Reply paper

Service

Other ?

Reply papers, if any, are to be served five days later.

Summary: Reply papers must be served 5 days after answering papers are served.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

Applies to

Initial discovery ?

Service

Other to all parties ?

Parties must exchange the discovery required under Federal Rule of Civil Procedure 26(a) within 30 days after service of the answer on the last plaintiff to be served or by the date specified in a Court-approved case management order.

Summary: Parties must exchange FRCP 26(a) required initial discovery within 30 days of answer on last plaintiff or by case management order date.

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Deadline

5 calendar days ?

Service

Hand delivery to opposing party ?

counsel shall provide one pre-marked set of exhibits for the adversary and two for the Court at least five days before the final pretrial conference.

Summary: Counsel must serve 1 pre-marked exhibit set on the adversary at least 5 days before the final pretrial conference.

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Deadline

30 calendar days ?

Applies to

Initial discovery production ?

Service

Other to opposing party ?

The Plaintiff’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

Summary: Plaintiff must produce Initial Discovery to Defendant within 30 calendar days of Defendant filing a responsive pleading or motion.

Machine summary. Not checked yet.CRITICAL?

Deadline

30 calendar days ?

Applies to

Initial discovery

Service

Other to opposing party ?

The Defendant’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

Summary: Defendant must provide initial discovery to Plaintiff within 30 days of submitting a responsive pleading or motion, unless the court orders otherwise.

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

Deadline

8 calendar days ?

Applies to

Sentencing submission

A defendant's sentencing submission shall be served **eight (8) days** in advance of the date set for sentence.

Summary: A defendant must serve the sentencing submission eight days before the sentencing date.

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

Deadline

5 calendar days ?

Applies to

Sentencing submission

The Government's sentencing submission shall be served **five (5) days** in advance of the date set for

Summary: The Government must serve its sentencing submission five days before the date set for sentence.

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

Criminal cases

Applies to

Sentencing submission

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing.

Summary: Unless the Court orders otherwise, the defendant’s sentencing submission must be served two weeks before sentencing.

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

Criminal cases

Applies to

Sentencing submission

The Government’s sentencing submission shall be served one week in advance of the date set for sentencing.

Summary: The Government’s sentencing submission must be served one week before sentencing.

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

Civil cases

Applies to

Rule 56 1 statement ?

Service

Electronic service to all parties ?

Any party represented by counsel that moves for summary judgment shall provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1 (“Rule 56.1 Statement”).

Summary: A counseled party moving for summary judgment must provide all other parties an electronic copy of its Rule 56.1 Statement in a standard word processing format.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

14 calendar days ?

Service

Other ?

The plaintiff must serve the motion for default judgment and supporting papers on the party against whom the default judgment is sought and file an affidavit of service on ECF within 14 days of filing the motion for default judgment.

Summary: Plaintiff must serve the default judgment motion and supporting papers and file an affidavit of service on ECF within 14 days of filing the motion.

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Civil cases

Service

Other ?

If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the motion for default judgment and supporting papers; and (2) the Court's order setting a date and time for the default judgment hearing. The plaintiff must file on ECF proof of such service on the docket in the manner and by the date specified in the Court's order setting the default judgment hearing.

Summary: After the Court sets a default judgment hearing, plaintiff must serve the motion papers and the Court's order, and file proof of service on ECF as directed.

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

Applies to

56.1 statement

Service

Electronic service to all parties ?

Except in pro se cases, the moving party shall provide all others parties with an electronic copy of the moving party’s 56.1 Statement.

Summary: Except in pro se cases, the moving party must provide every other party with an electronic copy of its 56.1 Statement.

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

Criminal cases

Applies to

Sentencing memorandum ?

A defendant's sentencing submission, including any departure application, shall be served two weeks in advance of the date set for sentence.

Summary: A defendant must serve the sentencing submission, including any departure application, two weeks before sentencing.

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

Criminal cases

Applies to

Sentencing memorandum ?

The Government's sentencing submission, including any departure application, shall be served one week in advance of the date set for sentence.

Summary: The Government must serve its sentencing submission, including any departure application, one week before sentencing.

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

Applies to

Pretrial statement ?

The pro se plaintiff shall file an original, plus one courtesy copy, of this Statement with the Pro Se Office and serve a copy on all defendants or their counsel if they are represented.

Summary: A pro se plaintiff must serve the Pretrial Statement on all defendants or, if represented, their counsel.

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

Criminal cases

Applies to

Sentencing submission

A defendant’s sentencing submission, including letters on the defendant’s behalf, shall be served two weeks in advance of the date set for sentence.

Summary: A defendant must serve the sentencing submission, including supporting letters, two weeks before sentencing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Rule 56 1 statement ?

Service

Electronic service to all parties ?

Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1.

Summary: Moving parties must serve Rule 56.1 Statements electronically in Microsoft Word format to all other parties.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Temporary restraining order ?

Service

Other to all 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 TRO motions made on notice, moving parties must serve documents on parties not receiving electronic service via ECF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion for default judgment

Service

Other to opposing party ?

If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the motion for default judgment and supporting papers; and (2) the Court’s order setting a date and time for the default judgment hearing. The plaintiff must file proof of such service on the docket in the manner and by the date specified in the Court’s order setting the default judgment hearing.

Summary: Plaintiff must serve default judgment motion and hearing order on defendant, then file proof of service per court order specifications.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Affidavit

Service

Other to opposing party ?

serve on opposing counsel, copies of affidavits constituting the direct testimony of each trial witness

Summary: Affidavits must be served on opposing counsel at the time of joint pretrial order filing.

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

Deadline

7 calendar days ?

Service

Electronic service ?

(a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6.

Summary: For motions under Fed. R. Civ. P. 26-37 and 45(d)(3), opposing papers must be served within 7 days of moving papers service, replies within 2 days of answering papers service; compute days per Fed. R. Civ. P. 6.

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

Deadline

14 calendar days ?

Service

Electronic service ?

(b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6.

Summary: For civil motions not under Rule 6.1(a) and not habeas petitions, opposing papers must be served within 14 days of moving papers service.

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

Deadline

14 calendar days ?

Applies to

Notice of motion

Service

Electronic service ?

Unless otherwise provided by the court or by statute or rule (such as Fed. R. Civ. P. 50, 52, and 59), a notice of motion for reconsideration must be served within 14 days after the entry of the court’s order being challenged.

Summary: Motions for reconsideration must be served within 14 days of the entry of the challenged court order, unless otherwise provided.

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

Applies to

Rule 56 1 statement ?

Service

Electronic service to all parties ?

In any case where all parties are represented by counsel, any party moving for summary judgment must provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts.

Summary: When all parties are represented by counsel, the moving party for summary judgment must provide an electronic copy (standard word processing format) of their Statement of Material Facts to all other parties.

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Applies to

Statement of material facts

Service

Electronic service to all parties ?

As required by Local Civil Rule 56.1(e), in any case where all parties are represented by counsel, any party moving for summary judgment must provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts.

Summary: Moving parties in summary judgment cases with all counsel must provide electronic word-processing copy of Statement of Material Facts to other parties.

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Service

Email to clerk ?

In addition to being filed in the normal manner, voir dire questions, joint requests to charge, and a joint verdict form should be emailed to Judge Briccetti’s law clerk.

Summary: Voir dire questions, joint requests to charge, and joint verdict form must be emailed to Judge Briccetti’s law clerk in addition to normal filing.

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Service

Other to opposing party ?

After Judge Briccetti signs and dockets the Order to Show Cause, serve a copy of the Order and attachments on defendant(s) as directed.

Summary: After the Order to Show Cause is signed and docketed, a copy must be served on defendant(s) as directed.

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

As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are unreported or reported exclusively on computerized databases.

Summary: Counsel must give pro se litigants printed copies of cited decisions that are unreported or available only in computerized databases.

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

The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented.

Summary: The party must file the original Pretrial Statement with the Pro Se Office and serve a copy on every other party or represented party’s counsel.

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

Civil cases

Applies to

Interrogatories

Interrogatories pursuant to Local Rule 33.3(a) shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]

Summary: Initial interrogatories under Local Rule 33.3(a) must be served by the deadline set in the order, ordinarily no more than 30 days after the Initial Pretrial Conference absent exceptional circumstances.

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

Civil cases

Applies to

Temporary restraining order motion ?

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 ECF.

Summary: For a TRO motion made on notice, the moving party should simultaneously serve the documents on any party who will not receive ECF electronic service.

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Civil cases

Service

Electronic service to all parties ?

Plaintiff’s counsel (or, in removed actions, Defendant’s counsel) is responsible for promptly distributing copies of the Notice to all parties.

Summary: Plaintiff's counsel (or Defendant's counsel in removed actions) must promptly distribute copies of the Notice of Initial Pretrial Conference to all parties.

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Civil cases

Service

Other

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 ECF.

Summary: When a TRO motion is made on notice, the moving party should simultaneously serve documents on any party that will not receive electronic service via ECF.

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Civil cases

Applies to

Motion

Service

Other

File and serve motions addressing any evidentiary issues or other matters

Summary: Motions addressing evidentiary issues must be filed and served at the time the joint pretrial order is filed in a jury case.

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

Service

Electronic service to all parties ?

Any nonincarcerated pro se party who wishes to receive documents in their case electronically (by email) instead of by regular mail may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/node/845.

Summary: A nonincarcerated pro se party may opt into electronic service instead of regular mail by filing the specified consent and registration form.

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

Service

Electronic service

Pro se (unrepresented) parties are encouraged to consent to electronic service (via the Consent to Electronic Service form available on the Court’s website).

Summary: Pro se parties are encouraged, but not required, to consent to electronic service using the Court's form.