Judge Diane Gujarati
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings
Not Required
Filings (Exhibits)
Required
Adjournments
Must Include
- 1Reason For Request
- 2Original Date
- 3Number Of Previous Requests
- 4Previous Requests Granted Or Denied
- 5Adversary Position
- 6Proposed New Dates
- 7Affects Other Dates
Must Include
- 1Reason For Request
- 2Adversary Position
Communication
Phone
Chambers
Letter Ecf
Chambers
Phone
Intake Unit
Detailed Drafting Rules
Telephone calls to chambers are allowed for urgent matters and for adjournment requests when an appearance is within 24 hours.
Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.
Phone
Direct to: Chambers
- Advance Notice Requiredif seeking adjournment, the appearance must be scheduled to take place within 24 hours
Written communications with chambers must be filed through ECF.
File via ECF.
Letter via ECF
Direct to: Chambers
Daubert and Rule 12 pre-motion letters and responses are limited to three pages, responses are due within one week, and Rule 12 responses must address leave to amend.
For Daubert motions and motions under Fed. R. Civ. P. 12: Three (3) pages for letter requesting pre-motion conference. Three (3) pages for response, due within one (1) week. For motions under Fed. R. Civ. P. 12, response must state whether party will seek leave to amend.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
Rule 56 pre-motion letters and responses are capped at three pages, Rule 56.1 statements are required on both sides, and the response package is due within two weeks.
For motions under Fed. R. Civ. P. 56: Three (3) pages for letters requesting pre-motion conference. Rule 56.1 Statement required. Three (3) pages for response. Responsive Rule 56.1 Statement required. Response letter and responsive Rule 56.1 Statement due within two (2) weeks.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
Opening and opposition memoranda are limited to 25 pages.
Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.
Memoranda of law must include both a table of contents and a table of authorities.
Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.
Document Type
Memoranda Of Law
Objections and responses to reports and recommendations are capped at 15 pages.
Objections and responses not to exceed fifteen (15) pages.
ECF technical help is available by phone through the ECF helpline at (718) 613-2285, not through chambers staff.
Chambers staff cannot help with filing via ECF. For ECF assistance, please call the ECF helpline at (718) 613-2285.
Written submissions and supporting materials must be text-searchable where practicable, and non-compliant filings may be stricken.
All written submissions and supporting materials must be text-searchable, to the extent practicable. The Court may strike non-compliant submissions.
Non-emergency communications with chambers must be in writing and filed via ECF, with simultaneous copies to parties not receiving ECF notice.
Except in emergency situations requiring immediate attention or as otherwise noted in these Individual Practice Rules, all communications with chambers shall be in writing and filed via ECF, with copies simultaneously delivered to all parties who do not receive automatic notification through ECF.
Letter via ECF
Direct to: Chambers
Telephone calls to chambers are generally discouraged but allowed for urgent matters.
Telephone calls to chambers are generally disfavored but are permitted for urgent matters.
Phone
Direct to: Chambers
A pre-motion conference request must be made by a letter from the moving party limited to three pages and stating the basis for the anticipated motion.
To request a pre-motion conference, the moving party must file and serve a letter, not to exceed three (3) pages, setting out the bases for the anticipated motion.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
For Daubert and Rule 12 motions, response letters are due within one week, limited to three pages, and must include amendment-position details for anticipated dismissal motions.
For Daubert motions and motions pursuant to Fed. R. Civ. P. 12: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within one (1) week of service of the moving party’s letter. The response shall not exceed three (3) pages. When a party responds to a pre-motion letter in anticipation of a motion to dismiss, the party must state whether it will seek leave to amend in light of one or more of the alleged pleading defects and must indicate the nature of any contemplated amendment.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
For Rule 56 motions, response letters are due within two weeks, capped at three pages, and must include a responsive Rule 56.1 statement with cited evidence attached as exhibits.
For motions pursuant to Fed. R. Civ. P. 56: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within two (2) weeks of service of the moving party’s letter. The response shall not exceed three (3) pages. The responding party must also file a responsive Rule 56.1 Statement in the form set forth in Local Civil Rule 56.1. Any evidence cited in a party’s responsive Rule 56.1 Statement must be attached as an exhibit to a declaration and filed along with the party’s responsive Rule 56.1 Statement.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
Support and opposition memoranda are capped at 25 double-spaced pages, excluding specified materials.
Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.
Reply memoranda are capped at 10 double-spaced pages, excluding specified materials.
Reply memoranda are limited to ten (10) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.
Memoranda must include both a table of contents and a table of authorities.
Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.
Document Type
Memorandum Of Law
All memoranda must meet specified formatting and filing-content requirements, including 12-point font, one-inch margins, text-searchability, and service-date cover notation.
All memoranda of law shall be produced in 12-point font, including footnotes, and shall have one-inch margins on all sides. All memoranda must be filed in a text-searchable format and must have the date of service printed on the front cover. Case law citations shall be to official case reporters or, for decisions not available in official reporters, to the Westlaw or Lexis electronic case database.
Any submission citing record material must include specific evidentiary citations, including transcript pages.
Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.
Document Type
Submission
Objections and responses to R&Rs are limited to 15 double-spaced pages.
Objections to R&Rs and responses to objections may not exceed fifteen (15) double-spaced pages and shall conform to the requirements of Individual Practice Rule III.C.2.
Objections and responses to R&Rs must follow the same formatting standards as Rule III.C.2.
Objections to R&Rs and responses to objections may not exceed fifteen (15) double-spaced pages and shall conform to the requirements of Individual Practice Rule III.C.2.
Multipage documents intended for evidence must be paginated before trial.
Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.
Government exhibits must be pre-marked numerically, defense exhibits alphabetically, and multi-page exhibits must be paginated before trial.
The Government’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters. Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.
Document Type
Trial Exhibits
In newly assigned criminal cases, the U.S. Attorney’s Office must promptly inform chambers of assignment and specified prior SDNY Criminal Division involvement, and phone calls to chambers may be used for this.
Assistant United States Attorneys are responsible for informing chambers as soon as a new case has been assigned to Judge Gujarati so that a conference can be scheduled. The United States Attorney’s Office must also inform chambers whether or not the Criminal Division of the United States Attorney’s Office for the Southern District of New York had any involvement in the case’s investigation or prosecution prior to September 22, 2020. 2 Telephone calls to chambers are permitted for these purposes.
Phone
Direct to: Chambers
- Advance Notice Requiredas soon as a new case has been assigned