Court Rules
district Judge
Verified Current1 month ago

Judge Diane Gujarati

Individual Rules, Standing Orders & Policies

Eastern District of New York

Limits & Logistics

Document Limits

Opening And Opposition Briefs
25 pgs
Objections And Responses To Reports And Recommendations
15 pgs
Memorandum Of Law
25 pgs
Reply Memorandum
10 pgs
Rr Objection Or Response
15 pgs

Courtesy Copies

Filings

Not Required

Filings (Exhibits)

Required

Adjournments

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
2Business Days
Notice Required
7Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Adversary Position

Communication

Phone

Chambers

SchedulingEmergencies
Advance Notice Required
Letter Ecf

Chambers

Phone

Intake Unit

(718) 613-2285
Technical Issues
Filters:AllMandatoryImportantFormattingCommunicationLettersConferencesMemorandaExhibitsElectronicsECF Filing

Detailed Drafting Rules

Communication ProtocolImportant

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

Approved Topics
SchedulingEmergencies
Requirements
  • Advance Notice Required
    if seeking adjournment, the appearance must be scheduled to take place within 24 hours
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

Written communications with chambers must be filed through ECF.

File via ECF.

Letter via ECF

Direct to: Chambers

Page 1
|SecCommunications with Chambers
Pre-Motion ProcedureMandatory

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

Status
Required
Max Length3 pgs
Opposition Due7 days
Page 1
|SecCivil Motions
Pre-Motion ProcedureMandatory

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

Status
Required
Max Length3 pgs
Opposition Due14 days
Page 2
|SecCivil Motions
Page or Word LimitMandatory

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.

Page 2
|SecCivil Motions
Document RequirementMandatory

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

Content & Formatting
Table Of Contents
Table Of Authorities
Page 2
|SecCivil Motions
Page or Word LimitMandatory

Objections and responses to reports and recommendations are capped at 15 pages.

Objections and responses not to exceed fifteen (15) pages.

Page 2
|SecCivil Motions
Communication ProtocolNote

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.

Phone

Direct to: Intake Unit

Approved Topics
Technical Issues
Page 5
|SecI.A. Electronic Case Filing (ECF)
Format RequirementMandatory

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.

Page 6
|SecI.D. Text-Searchable Submissions
Communication ProtocolMandatory

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

Page 6
|SecII.A. Written Communications with Chambers
Communication ProtocolImportant

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

Approved Topics
Emergencies
Page 6
|SecII.B. Telephone Calls
Pre-Motion ProcedureMandatory

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

Status
Required
Max Length3 pgs
Page 7
|SecIII.A.2 Pre-Motion Conferences
Pre-Motion ProcedureMandatory

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

Status
Required
Max Length3 pgs
Opposition Due7 days
Page 7
|SecIII.A.3 Pre-Motion Conferences
Pre-Motion ProcedureMandatory

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

Status
Required
Max Length3 pgs
Opposition Due14 days
Page 8
|SecIII.A.3 Pre-Motion Conferences
Page or Word LimitMandatory

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.

Page 9
|SecC. Memoranda of Law
Page or Word LimitMandatory

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.

Page 9
|SecC. Memoranda of Law
Document RequirementMandatory

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

Content & Formatting
Table Of Contents
Table Of Authorities
Page 9
|SecC. Memoranda of Law
Format RequirementMandatory

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.

Applies When:Document Type Set Undefined
Typography
Size12 pt
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Page 9
|SecC. Memoranda of Law
Document RequirementMandatory

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

Specific requirements detailed in rule text.
Page 9
|SecD. Evidentiary Citations
Page or Word LimitMandatory

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.

Page 10
|SecF. Reports and Recommendations (R&Rs)
Format RequirementMandatory

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.

Applies When:Document Type Set Undefined
Typography
Size12 pt
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Page 10
|SecF. Reports and Recommendations (R&Rs)
Format RequirementImportant

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.

Applies When:Document Type Set Undefined
Page 12
|SecC. Trial Exhibits
Document RequirementImportant

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

Specific requirements detailed in rule text.
Page 14
|SecVII.B. Trial Exhibits
Communication ProtocolMandatory

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

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    as soon as a new case has been assigned
Page 13
|SecVI.A. Preliminary Matters

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