Judge Vincent L Briccetti
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Affidavits Direct Testimony, Deposition Excerpts, Documentary Exhibits
- 2 copies • Hand Delivery • 21 Days Before Trial If Fixed Else 30 Days After Joint Pretrial Order
Complaint, Answer, Reply, Motion Papers
- 1 copy • Hand Delivery • As Soon As Practicable After Filing
Hearing Transcript, Deposition Transcript
- Hand Delivery • If Available
Indictment, Information, Complaint
- 1 copy • As Soon As Practicable
Adjournments
- Adjournment requests for court appearances require at least 2 business days' notice absent an emergency.
Communication
Phone
Chambers
Phone
Clerk
Page & Word Limits4 rules
Machine summary. Not checked yet.Mandatory?
Absent prior permission, letters—inclusive of attached exhibits—may not exceed 5 pages in length.
Summary: Letters (including attached exhibits) are limited to 5 pages unless prior permission is obtained.
Letter
5 pages
Machine summary. Not checked yet.Mandatory?
To request a pre-motion conference, the moving party shall file, on ECF, a letter-motion for a conference, not to exceed 3 pages, setting forth the basis for the anticipated motion. Unless otherwise ordered by the Court, within 7 business days, the opposing party shall file a letter response on ECF, also not to exceed 3 pages, setting forth its position.
Summary: Pre-motion letters for summary judgment conferences are limited to 3 pages for both moving and opposing parties.
Pre Motion Letter
3 pages
Applies to: Attorney
Pre Motion Letter Response
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The moving party’s Statement of Material Facts pursuant to Local Civil Rule 56.1 may not exceed 25 double-spaced pages without prior permission of the Court.
Summary: Summary judgment Statements of Material Facts are limited to 25 double-spaced pages without court permission.
Statement Of Material Facts
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
All fact discovery shall be completed by ____________________. (Absent exceptional circumstances, a period not to exceed 120 days from date of this Order.)
Summary: Fact discovery must be completed within 120 days of scheduling order.
Structured details unavailable. See the source text.
Document Format Requirements2 rules
Machine summary. Not checked yet.Mandatory?
All courtesy hard copies of papers submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. Courtesy copies should be spiral-bound or be stapled using a single staple in the upper left-hand corner of the document. Courtesy copies should NOT be velobound. Also, rather than submitting large documents that do not lie reasonably flat when open, parties should submit multiple volumes.
Summary: Courtesy copies of motion papers must be securely bound (spiral or single upper left staple, not velobound), and large non-flat documents should be submitted as multiple volumes.
Machine summary. Not checked yet.Mandatory?
Motions for reconsideration shall comply with the formatting and length requirements set forth in Local Civil Rule 6.3.
Summary: Motions for reconsideration must comply with the formatting and length requirements of Local Civil Rule 6.3.
Document Filing Requirements20 rules
Machine summary. Not checked yet.Mandatory?
Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.
Summary: Memoranda of law with 3,500 or more words must include a table of contents and table of authorities.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
Each citation to evidence required by Local Civil Rule 56.1(d) must identify, when applicable, specific portions of the record, including page, line, and paragraph numbers.
Summary: Citations to evidence in Local Civil Rule 56.1(d) documents must identify specific record portions including page, line, and paragraph numbers.
Document Type
Statement Of Material Facts
Machine summary. Not checked yet.Mandatory?
In addition to the requirements of Local Civil Rule 1.4, when a motion to withdraw as attorney of record would, if granted, leave the party unrepresented, counsel must indicate whether the party consents to the motion to withdraw.
Summary: Motions to withdraw that would leave party unrepresented must indicate whether the party consents.
Document Type
Motion To Withdraw
Machine summary. Not checked yet.Mandatory?
The parties’ memoranda of law shall include citations to the underlying exhibits supporting their propositions.
Summary: Parties’ memoranda of law must include citations to underlying exhibits supporting their propositions.
Document Type
Brief
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In any case where all parties are represented by counsel, the counterstatement required by Local Civil Rule 56.1 must include each entry in the moving party’s statement and set out the opposing party’s response directly beneath it.
Summary: Counterstatements under Local Civil Rule 56.1 must include each moving party entry with opposing response directly beneath.
Document Type
Counterstatement
Machine summary. Not checked yet.Mandatory?
The Joint Pretrial Order shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following: i. The full caption of the action. ii. The names, addresses (including firm names), email addresses, and telephone and fax numbers of trial counsel. iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount. iv. A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. The parties shall also identify all claims and defenses previously asserted that are not to be tried. v. A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. vi. A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not consented). vii. Any stipulations or agreed statements of fact or law. viii. A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness. ix. A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party. x. A list by each party of exhibits to be offered in its case in chief, with an asterisk indicating exhibits to which there is an objection. The failure to include an asterisk may be deemed a waiver of any objection. xi. A statement of the relief sought, including damages claimed, itemizing each component or element of the damages sought with respect to each claim, and including the manner and method used to calculate the claimed damages. xii. A statement as to whether the parties consent to a less than unanimous verdict.
Summary: Joint Pretrial Orders must include full caption, trial counsel info, jurisdiction statements, claim/defense summaries, jury/trial details, witness lists, exhibit lists with objection asterisks, relief sought, and other required items; failure to asterisk exhibits may waive objections.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
In non-jury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed and cite whenever possible to evidence expected to be presented at trial. Proposed conclusions of law should include a statement of the elements of each claim or defense.
Summary: Non-jury case proposed findings of fact must be detailed and cite evidence; conclusions of law must include elements of each claim or defense.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
The parties’ proposed jury instructions shall consist of a single document, noting any areas of disagreement between the parties. The proposed instructions shall include both the text of any requested instruction as well as a citation to the authority from which it derives. Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.
Summary: Proposed jury instructions must be a single document noting disagreements, include instruction text and authority citation, with each instruction citing its source or it will be disregarded.
Document Type
Jury Instructions
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Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling or punctuation should be ignored.
Summary: Counsel must promptly raise material transcript errors, stipulate correction or file motion on notice; non-material defects should be ignored.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Briefs must be submitted in accordance with Federal Rules of Bankruptcy Procedure 8014 to 8018.
Summary: Bankruptcy appeal briefs must comply with Federal Rules of Bankruptcy Procedure 8014-8018.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
The original signed affidavits shall be marked as exhibits at trial.
Summary: Original signed direct testimony affidavits must be marked as exhibits at trial.
Document Type
Affidavit
Machine summary. Not checked yet.Mandatory?
All deposition excerpts which will be offered as substantive evidence, as well as a 1-page synopsis (with page references) of those excerpts for each deposition.
Summary: Deposition excerpts offered as substantive evidence must include a 1-page synopsis with page references for each deposition.
Document Type
Deposition Excerpts
Machine summary. Not checked yet.Mandatory?
As attachments to the attorney’s affidavit, include copies of all pleadings and a copy of the affidavit of service of the original summons and complaint.
Summary: Attorney’s affidavit for default judgment must include copies of all pleadings and affidavit of service of original summons and complaint as attachments.
Document Type
Attorney Affidavit
Machine summary. Not checked yet.Mandatory?
prepare a proposed Order to Show Cause Without Emergency Relief and make the Order returnable before Judge Briccetti in Courtroom 620 of the United States Courthouse, 300 Quarropas Street, White Plains, NY. Leave blanks for the Court to fill in (i) the date and time of the hearing, (ii) the date by which opposing papers must be served and filed, and (iii) the date by which the moving party must serve the Order and supporting documents on the non-moving party.
Summary: Proposed Order to Show Cause Without Emergency Relief must be returnable before Judge Briccetti in the specified courtroom and include blanks for the Court to fill in hearing date/time, opposing paper deadline, and moving party service deadline.
Document Type
Proposed Order To Show Cause
Machine summary. Not checked yet.Mandatory?
a proposed Statement of Damages and the basis for each element of damages, including interest, attorney’s fees, and costs (unless requesting an inquest)
Summary: Proposed Statement of Damages for default judgment must include basis for each damage element, including interest, attorney’s fees, and costs (unless inquest is requested).
Document Type
Proposed Statement Of Damages
Machine summary. Not checked yet.Mandatory?
an affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1)
Summary: Affidavit or declaration submitted in support of default judgment must comply with Local Civil Rule 55.2(a)(1).
Document Type
Affidavit
Machine summary. Not checked yet.Mandatory?
an attorney’s affidavit setting forth: i. why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; ii. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of liability and/or damages prior to the resolution of the entire action (see Fed. R. Civ. P. Rule 54(b)); and iii. when applicable, legal authority for why an inquest is unnecessary.
Summary: Attorney’s affidavit for default judgment must include reasons for default judgment, Rule 54(b) analysis if applicable, and authority for waiving inquest if applicable.
Document Type
Attorney Affidavit
Machine summary. Not checked yet.Mandatory?
Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
Summary: Sentencing letters must be grouped as attachments to a single document marked 'SENTENCING MEMORANDUM' with clear caption and docket number.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed by ____________________. (Absent exceptional circumstances, 14 days from date of this Order.)
Summary: Initial disclosures must be completed within 14 days of scheduling order.
Document Type
Initial Disclosure
Machine summary. Not checked yet.Important?
With respect to any deposition transcript that is supplied, whether in whole or in part, in connection with a summary judgment motion, the index to the deposition should be included if it is available.
Summary: Deposition transcripts supplied for summary judgment motions should include index if available.
Document Type
Deposition Transcript
Filing & Service rules
Electronic Filing Rules
Except as otherwise provided, all communications with the Court must be by letter filed electronically on ECF.
Except as otherwise provided below, communications with the Court shall be by letter, which shall be filed electronically on ECF. (See SDNY Electronic Case Filing Rules & Instructions, Section 13.1.)
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Page 1 | 1. Communications with Chambers A
Letter-motions must be filed electronically via ECF using the MOTION filing event and labeled as LETTER-MOTION.
A letter-motion must be filed via ECF, and identified as a “LETTER-MOTION” using the ECF Filing Event “MOTION,” in compliance with the Local Civil Rules and the SDNY Electronic Case Filing Rules & Instructions, Section 13.1.
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Page 1 | 1. Communications with Chambers B
Letters between parties or counsel not addressed to the Court may not be filed on ECF or sent to the Court, except as exhibits to a properly filed document.
Letters between or among parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document).
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Page 1 | 1. Communications with Chambers A.ii
Informational letters not requesting relief must be filed using the ECF Filing Event LETTER under OTHER DOCUMENTS.
Letters that are informational in nature, such as, for example, status reports regarding mediation or settlement, and that do not request relief should be filed using the ECF Filing Event LETTER listed under OTHER DOCUMENTS.
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Page 2 | 1. Communications with Chambers C
Certain documents are prohibited from electronic filing per SDNY e-filing rules sections 6.15, 6.16, and 18.
Certain documents may not be electronically filed. See SDNY Electronic Case Filing Rules & Instructions, Sections 6.15, 6.16, and 18.
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Page 3 | H. Non-Electronic Documents
Motions to seal or redact must be filed electronically via the Court’s ECF system per applicable rules.
Motions or letter-motions for approval of sealed or redacted filings, and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Court’s standing order, 19-mc-00583, and SDNY Electronic Case Filing Rules & Instructions, Section 6.
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Page 6 | 3. Electronic Filing Under Seal in Civil and Miscellaneous Cases
Parties unable to e-file sealed documents via ECF or believing a document should not be e-filed must move for leave to file on paper.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
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Page 7
Default judgment supporting documents (affidavit/declaration per LCVR 55.2(a)(1), attorney’s affidavit, proposed Statement of Damages, proposed default judgment) must each be electronically filed as separate ECF Filing Events.
Electronically file the following documents as separate ECF Filing Events: a. an affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1); b. an attorney’s affidavit setting forth: i. why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; ii. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of liability and/or damages prior to the resolution of the entire action (see Fed. R. Civ. P. Rule 54(b)); and iii. when applicable, legal authority for why an inquest is unnecessary. c. a proposed Statement of Damages and the basis for each element of damages, including interest, attorney’s fees, and costs (unless requesting an inquest); and d. a proposed default judgment, using the ECF Filing Event found under PROPOSED ORDERS.
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Page 12 | ATTACHMENT A: DEFAULT JUDGMENT PROCEDURE (Step 3)
Proposed Order to Show Cause Without Emergency Relief must be electronically filed via ECF using the Filing Event under PROPOSED ORDERS.
Electronically file the proposed Order to Show Cause Without Emergency Relief using the ECF Filing Event found under PROPOSED ORDERS.
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Page 12 | ATTACHMENT A: DEFAULT JUDGMENT PROCEDURE (Step 2)
Proposed default judgment must be electronically filed via ECF using the Filing Event under PROPOSED ORDERS.
a proposed default judgment, using the ECF Filing Event found under PROPOSED ORDERS.
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Page 12 | ATTACHMENT A: DEFAULT JUDGMENT PROCEDURE (Step 3.d)
Certificate of service for signed Order to Show Cause must be filed electronically.
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).
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Page 13
All sentencing submission documents (including letters) must be filed on ECF, except sealed or redacted submissions.
Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.
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Page 14 | ATTACHMENT B: SENTENCING PROCEDURES
Filing Timing and Cure Windows
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.
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.
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Page 4 | 2.D.ii. If the non-moving party amends its pleading
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.
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.
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Page 4 | 2.D.i. Upon the filing of a motion to dismiss
Joint Pretrial Orders in civil cases must be submitted within 30 days after discovery closes or 30 days after a dispositive motion decision.
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.
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Page 7 | 4. Pretrial Procedures A. Joint Pretrial Orders in Civil Cases
Opposition documents listed in 3.C must be filed within one week of the filing of corresponding 3.B pretrial documents.
within one week of the filing of any document described in section 3.B above
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Page 9 | 3.C Filings in Opposition
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).
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
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Page 10 | 3.D Additional Submissions in Non-Jury Cases
Counsel must submit list of affiants to cross-examine 3 business days after submitting direct testimony affidavits.
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.
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Page 10 | 3.D.i Affidavits Direct Testimony
Bankruptcy appeal brief deadlines may be extended by stipulation submitted 2 business days before brief due date.
Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.
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Page 10 | 7. Bankruptcy Appeals
Certificate of service for signed Order to Show Cause must be filed at least 3 business days before the return date.
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).
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Page 13
Government's sentencing submission must be filed at least 7 calendar days before the scheduled sentencing date.
The government’s sentencing submission shall be filed at least 7 days in advance of the date set for sentence.
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Page 14 | ATTACHMENT B: SENTENCING PROCEDURES
Defendant's sentencing submission must be filed at least 14 calendar days before the scheduled sentencing date, unless otherwise ordered.
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.
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Page 14 | ATTACHMENT B: SENTENCING PROCEDURES
Service and Proof of Service Rules
Moving parties in summary judgment cases with all counsel must provide electronic word-processing copy of Statement of Material Facts to other 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.
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Page 5 | E. Special Rules for Summary Judgment Motions
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.
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.
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Page 9 | 3.B.i Voir Dire, Requests to Charge, Verdict Form
After the Order to Show Cause is signed and docketed, a copy must be served on defendant(s) as directed.
After Judge Briccetti signs and dockets the Order to Show Cause, serve a copy of the Order and attachments on defendant(s) as directed.
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Page 13
Courtesy Copy Requirements
Courtesy copies of letters and letter-motions filed on ECF are prohibited.
Please do NOT provide courtesy copies of letters and letter-motions filed on ECF.
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Page 2 | 1. Communications with Chambers D
One courtesy hard copy of specified pleadings and motion papers (excluding letter-motions and pro hac vice admission motions) must be submitted to Chambers as soon as practicable after filing, clearly marked, and hand-delivered to the Clerk’s first floor office rather than Chambers.
One courtesy hard copy of all pleadings (complaint, answer, reply) and motion papers (with the exception of letter-motions and motions for admission pro hac vice), shall be submitted to Chambers as soon as practicable after filing. Courtesy copies should be clearly marked as such. If hand-delivered, courtesy copies should be delivered to the Clerk’s office on the first floor of the Courthouse, not to Chambers.
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Page 3 | 2.A. Courtesy Copies
One courtesy hard copy of the Joint Pretrial Order must be submitted to Chambers with the filing.
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.
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Page 7 | 4. Pretrial Procedures A. Joint Pretrial Orders in Civil Cases
One courtesy hard copy of specified pretrial filings must be submitted to Chambers 21 days before trial if date is fixed, or 30 days after Joint Pretrial Order filing if not.
Unless otherwise ordered by the Court, each party shall file the following documents (and submit one courtesy hard copy to Chambers) 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: i. In jury cases, proposed voir dire questions, joint requests to charge,
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Page 8 | 4. Pretrial Procedures B. Filings Prior to Trial in Civil Cases
Non-jury case parties must submit two courtesy copies to Chambers of affidavits, deposition excerpts, and exhibits 21 days before trial (fixed date) or 30 days after Joint Pretrial Order (no fixed date).
each party shall submit to the Court (including two courtesy copies to Chambers) and serve, but not file, the following materials 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: i. Copies of affidavits constituting the direct testimony of each trial witness, except for the 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 during the trial. ii. All deposition excerpts which will be offered as substantive evidence, as well as a 1-page synopsis (with page references) of those excerpts for each deposition. iii. All documentary exhibits.
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Page 9 | 3.D Additional Submissions in Non-Jury Cases
Parties filing opposition documents listed in 3.C must submit one courtesy hard copy to Chambers upon filing.
Unless otherwise ordered by the Court, any party may file (and submit one courtesy hard copy to Chambers) the following documents within one week of the filing of any document described in section 3.B above: i. Objections to the other party’s proposed voir dire questions or requests to charge. ii. Opposition to any motion in limine. iii. Opposition to any legal argument made in a pretrial memorandum.
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Page 9 | 3.C Filings in Opposition
AUSA must provide courtesy copy of any plea agreement or related documents to Chambers as soon as practicable.
The AUSA shall provide a courtesy copy of any plea agreement or related documents to Chambers as soon as practicable.
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Page 11 | B. Guilty Pleas
AUSA must provide courtesy copies of Indictment/Information and any complaint to Chambers as soon as practicable.
The Assistant United States Attorney (“AUSA”) shall provide to Chambers, as soon as practicable, a courtesy copy of the Indictment or Information, and a courtesy copy of the complaint, if one exists.
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Page 11 | A. Initial Conference
Except pro se cases, parties should provide text-searchable electronic courtesy copies of relied-upon transcripts on CD/DVD, not email, if available and not unduly burdensome.
Except in pro se cases, the parties should provide the Court with an electronic, text-searchable courtesy copy of any hearing or deposition transcript, or portion thereof, on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome. Parties should provide these materials on a CD or DVD (not on a memory stick and not by email).
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Page 5 | E. Special Rules for Summary Judgment Motions
Parties should provide the Court with a courtesy copy of each sentencing submission upon filing.
The parties should provide the Court with a courtesy copy of each submission when it is filed.
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Page 14 | ATTACHMENT B: SENTENCING PROCEDURES
Sealing & Redaction Procedures
Sensitive personal information (SSN, minor names, DOB, financial account numbers) must be redacted without court approval per Fed. R. Civ. P. 5.2.
Fed. R. Civ. P. 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.
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Page 6 | 3. Electronic Filing Under Seal in Civil and Miscellaneous Cases
Proposed sealed documents must be filed contemporaneously under seal on ECF, related to the motion; docket text is public.
The proposed sealed document must be contemporaneously filed, under seal, in the ECF system, as electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.
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Page 6 | 3. Electronic Filing Under Seal in Civil and Miscellaneous Cases
Sealing motions must be public, explain reasons, omit confidential info; supporting papers may be sealed/redacted as needed.
The motion must be filed in public view, must explain the reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
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Page 6 | 3. Electronic Filing Under Seal in Civil and Miscellaneous Cases
Redaction requests require public filing of redacted document and sealed unredacted copy with highlighted redactions, both on ECF related to motion.
When the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (i) publicly file the document with the proposed redactions; and (ii) electronically file, under seal, a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and be related to the motion.
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Page 6 | 3. Electronic Filing Under Seal in Civil and Miscellaneous Cases
Parties seeking to file sealed or redacted materials must meet and confer with opposing parties in advance, and redaction/sealing must be tailored to the justifying purpose consistent with public access presumptions.
The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request. Redaction or sealing must be tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.
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Page 7
Parties must avoid including sensitive info unless necessary, may redact specified categories without application, must file redacted pages under seal at sentencing, and need approval for redactions beyond 11 categories.
In this regard, the parties are referred to E-Government Act of 2002 and the SDNY Electronic Case Filing Rules & Instructions, Section 21, Privacy and Public Access to ECF cases, (“Privacy Policy”) and reminded not, unless necessary, to include the 5 categories of “sensitive information” in their submissions (i.e., social security numbers; names of minor children [use the initials only]; dates of birth [use the year only]; financial account numbers; and home addresses [use only the city and state]). Parties may redact the 5 categories of “sensitive information” and the 6 categories of information requiring caution (i.e., personal identifying numbers; medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal. If a party redacts information beyond the 11 categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application will be addressed at the sentencing proceeding.
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Page 14 | ATTACHMENT B: SENTENCING PROCEDURES
Pre-Motion Conference Requirements
Discovery motions require an informal pre-filing conference per Local Civil Rule 37.2 and strict adherence to Fed. R. Civ. P. 37(a)(1) meet-and-confer requirements.
For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved.
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Page 3 | 2.B.i. Discovery motions
Pre-motion conference required for summary judgment motions; moving party files 3-page ECF letter-motion, opposing party files 3-page response within 7 business days.
A pre-motion conference is required before making a motion for summary judgment. To request a pre-motion conference, the moving party shall file, on ECF, a letter-motion for a conference, not to exceed 3 pages, setting forth the basis for the anticipated motion. Unless otherwise ordered by the Court, within 7 business days, the opposing party shall file a letter response on ECF, also not to exceed 3 pages, setting forth its position.
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Page 4 | 2.B.ii. Summary Judgment motions
Sur-reply memoranda are not accepted unless prior permission is granted by the Court.
Unless prior permission has been granted, sur-reply memoranda will not be accepted.
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Page 4 | 2.C. Memoranda of Law
Default judgments must be obtained via order to show cause, following the attached Default Judgment Procedure.
A party that wishes to obtain a default judgment must proceed by way of order to show cause. Follow the Default Judgment Procedure, attached hereto as Attachment A.
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Page 10 | 6. Default Judgments
Pre-motion conference required before filing summary judgment motions.
All motions and applications shall be governed by the Court’s Individual Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed.
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Page 4 | Paragraph 9
Rule 26(f) conferences must occur at least 21 days before initial conference.
In cases in which Fed. R. Civ. P. 26(f) applies, counsel shall confer at least 21 days prior to the conference date and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six (6) months of the conference date.
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Pre-motion conferences are not required for other substantive motions.
A pre-motion conference is not required for other substantive motions.
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Page 4 | 2.B.iii. Other substantive motions
Parties may request oral argument by letter when filing motion, opposing, or reply papers; court decides whether to hold argument.
The Court does not ordinarily hear oral argument on motions; however, the parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. The Court will determine whether oral argument will be heard and, if so, will advise counsel of the date and time.
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Page 6 | G. Oral Argument on Motions
Adjournment & Extension Requirements
Adjournment requests for court appearances require at least 2 business days' notice absent an emergency.
If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 2 business days prior to the scheduled appearance.
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Extension requests for matters referred to a Magistrate Judge must be directed to the assigned Magistrate Judge.
Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be directed to that assigned Magistrate Judge.
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Adjournment or extension requests are denied if not submitted before the original deadline expires.
denied if not made before the expiration of the original deadline.
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Chambers Communication Rules
Prior permission from Chambers is required to email documents to the Court; the email must state who granted permission and copy all counsel and unrepresented parties.
If a party wishes to fax or email a document to the Court, it must obtain prior permission to do so. The fax or email must indicate who in Chambers provided such permission, and must be copied to all counsel and unrepresented parties.
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Page 1 | 1. Communications with Chambers A.iii
Docketing, scheduling, and calendar matters must be directed to Courtroom Deputy Clerk Yadira Fuschillo at (914) 390-4167 during regular business hours.
Docketing, Scheduling, and Calendar Matters. Please call Yadira Fuschillo, Courtroom Deputy Clerk, at (914) 390-4167, during regular business hours.
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Page 2 | 1. Communications with Chambers F
Telephone calls to Chambers are only permitted for matters requiring immediate attention; Chambers phone number is (914) 390-4166.
Except as provided below, telephone calls to Chambers are permitted only in situations requiring immediate attention. In such situations, call Chambers at (914) 390-4166.
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Page 2 | 1. Communications with Chambers E
Counsel must call Chambers at (914) 390-4166 to arrange submission of emailed pretrial documents.
Counsel should call Chambers at (914) 390-4166 to make arrangements for same.
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Page 9 | 3.B.i Voir Dire, Requests to Charge, Verdict Form