Court Rules
district Judge
Verified Current10 days ago

Judge Brian M. Cogan

Eastern District of New York

Limits & Logistics

Document Limits

Fax
10 pgs
Memorandum Of Law
8,750 wds
Brief
25 pgs

Courtesy Copies

Filings

Not Required

Adjournments

Notice Required
48Hours

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
  • 7
    Affects Other Dates

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
  • 7
    Affects Other Dates
Notice Required
5Business Days

Must Include

  • 1
    Reason For Request

Communication

Email

Chambers

No Status Inquiries
Phone

Chambers

SchedulingEmergencies
No Hours, Status Inquiries
Letter Fax

Chambers

Emergencies
No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationMemorandaLettersECF FilingExhibitsSummary JudgmentEvidence/Witnesses

Detailed Drafting Rules

Communication ProtocolImportant

Do not copy court on correspondence between counsel.

Counsel shall not copy the Court on correspondence between and among them.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Communication ProtocolImportant

Phone calls to chambers permitted 9:30 AM - 4:30 PM for scheduling/emergencies only.

Telephone calls to Chambers as to scheduling matters or emergency matters only are permitted between 9:30 a.m. and 4:30 p.m.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    9:30 AM - 4:30 PM
  • Status Inquiries
Communication ProtocolImportant

Do not call chambers with procedural questions covered by local/federal rules.

Do not call Chambers with procedural questions that are covered by the Local Rules of this Court and the Federal Rules of Civil or Criminal Procedure.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Communication ProtocolImportant

Faxes to chambers permitted only for urgent matters with copies to all counsel.

For attorneys who doubt this, faxes to Chambers are permitted only for urgent matters, and only if copies are simultaneously faxed or delivered to all counsel. Do not follow with a hard copy.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page or Word LimitImportant

Faxes longer than 10 pages require prior authorization.

In no event are faxes longer than ten pages permitted without prior authorization.

Pre-Motion ProcedureMandatory

Pre-motion letter (max 3 pages) required, with 5-day response period.

Parties must request a pre-motion conference in writing by ECF. The moving party shall submit a detailed letter not to exceed three pages in length setting forth the basis for the anticipated motion and simultaneously serve the request on all counsel. Parties so served shall serve and file a detailed letter response, not to exceed three pages, within five days from service of the notification letter, unless the Court directs otherwise.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length3 pgs
Opposition Due5 days
Page 5
|SecB. Pre-Motion Conferences
Bundling PolicyMandatory

Motion papers must be filed promptly; bundling is prohibited.

Motion papers shall be filed promptly. Do not hold motion papers until all papers are complete. In other words, the Court does not follow a “bundling rule.”

Filing Strategy

Bundling Policy

Bundling Encouraged

Motion papers must be filed promptly; do not hold until all papers are complete

Page 5
|SecC. Motion Papers
Page or Word LimitMandatory

Attorney briefs limited to 8,750 words (support/oppose) or 3,500 words (reply), with specific formatting.

Unless prior permission has been granted, memoranda of law in support of or in opposition to motions, if filed by an attorney or prepared with a computer, may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. The briefs shall be double spaced, with Times New Roman 12-point font and one-inch margins. All memoranda 10 pages or longer shall contain a table of contents and table of authorities.

Page 5
|SecC. Motion Papers
Page or Word LimitMandatory

Pro se briefs limited to 25 pages (support/oppose) or 10 pages (reply).

If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.

Page 6
|SecC. Motion Papers
Format RequirementMandatory

Exhibits must be tabbed, indexed, and described in specific format.

All exhibits to declarations, affidavits or affirmations must be separately tabbed and indexed. Exhibits to declarations, affidavits or affirmations filed on ECF must be described following this sample format: (Attachments: # 1 Rule 56.1 Statement in Support of Plaintiff's Motion for Summary Judgment, # 2 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 3 Declaration, # 4 Exhibit 1-Excerpts of deposition transcript of John Doe dated 1-1-2024, # 5 Exhibit 2-Expert Report of Jane Doe, # 6 Exhibit 3-Rebuttal Expert Report, # 7 Exhibit 4-Amended Expert Report, # 8 Exhibit 5-Email from John Doe dated 1-1-2024.

Applies When:Document Type Set Undefined
Layout & Binding
Binding Style
Tabbed
Page 6
|SecC. Motion Papers
Document RequirementMandatory

Summary judgment motions: only relevant deposition pages as exhibits, must comply with FRE 106.

On motions for summary judgment, do not attach complete deposition transcripts as exhibits to affidavits or affirmations. Attach only pages containing relevant testimony to which citation is made in the memoranda or affidavits. However, any excerpted submissions must anticipate and comply with Federal Rule of Evidence 106. In other words, do not distort the record by leaving out a portion of the excerpt necessary for completeness.

Document Type

Summary Judgment Motion

Content & Formatting
Exhibit List
Page 6
|SecC. Motion Papers