Court Rules
district Judge
Verified Current10 days ago

Judge Diane Gujarati

Eastern District of New York

Limits & Logistics

Document Limits

Brief
25 pgs
Objection
15 pgs
Motion Memorandum
25 pgs
Reply Memorandum
10 pgs
Objection To R R
15 pgs

Courtesy Copies

Filings

Not Required

Adjournments

Notice Required
0Calendar Days
Notice Required
21Calendar Days
Notice Required
3Calendar Weeks
Notice Required
1Calendar Weeks

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
30Calendar Days
Notice Required
1Week

Must Include

  • 1
    Reason For Request
  • 2
    Adversary Position

Communication

Email

Chambers

Technical Issues
No Status Inquiries
Letter Ecf

Chambers

SettlementNew CaseCriminal Division Involvement
Advance Notice Required
No Status Inquiries
Mail

Pro Se Parties

Document Delivery
Phone

Intake Unit

(718) 613-2285
Technical Issues
Phone

Chambers

EmergenciesUrgent MattersScheduling
No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationLettersConferencesECF FilingMemorandaTRO/InjunctionSummary Judgment

Detailed Drafting Rules

Communication ProtocolMandatory

All counsel must file documents electronically via ECF.

Counsel must file all documents electronically via ECF.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Pre-Motion ProcedureMandatory

Pre-motion letter (3 pages) and response (3 pages, 1 week) required for Daubert and Rule 12 motions.

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

Briefing Schedule

Opp: 7d • Reply: 0d

Page 3
|SecCivil Motions - Pre-Motion Conferences
Pre-Motion ProcedureMandatory

Pre-motion letter (3 pages) and response (3 pages, 2 weeks) required for Rule 56 motions with Rule 56.1 statements.

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

Briefing Schedule

Opp: 14d • Reply: 0d

Page 3
|SecCivil Motions - Pre-Motion Conferences
Page or Word LimitMandatory

Opening and opposition briefs limited to 25 pages; reply briefs limited to 10 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 4
|SecCivil Motions - Briefing Schedule
Page or Word LimitMandatory

Objections and responses limited to 15 pages.

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

Page 6
|SecCivil Motions - Reports and Recommendations
Communication ProtocolImportant

Prompt notification required when case settles.

Prompt notification of settlement and filing of appropriate paperwork.

Letter via ECF

Direct to: Chambers

Approved Topics
Settlement
Page 8
|SecNotification of Settlement
Communication ProtocolImportant

Prompt notification required for new cases and SDNY USAO Criminal Division involvement.

Prompt notification of a new case and confirmation regarding SDNY USAO Criminal Division involvement.

Letter via ECF

Direct to: Chambers

Approved Topics
New CaseCriminal Division Involvement
Page 9
|SecCriminal - General - Preliminary Matters
Communication ProtocolMandatory

Notify court of anticipated bail applications as soon as practicable.

Notify the Court of the anticipated application as soon as practicable and in advance of any proceeding at which the Court will be asked to rule on the application.

Letter via ECF

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    as soon as practicable and in advance of any proceeding
Page 3
|SecVI.C
Communication ProtocolMandatory

Pro se litigants must communicate with court in writing and keep contact information current.

Communicate with the Court in writing and ensure that contact information is current.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Page 4
|SecX.A
Communication ProtocolImportant

Pro se parties exempt from ECF; counsel must mail hard copies to pro se litigants.

Pro se parties are exempt from electronic filing. Nevertheless, a party represented by counsel in a case involving a pro se litigant must still file all documents electronically via ECF and must also mail a hard copy of all documents to the pro se litigant.

Mail

Direct to: Pro Se Parties

Approved Topics
Document Delivery
Communication ProtocolMandatory

All requests for relief must be filed as motions on ECF.

Any request for relief from the Court, including a request for an adjournment or extension of time, must be filed as a “motion” on ECF.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Communication ProtocolNote

Chambers staff cannot assist with ECF filing; call helpline for assistance.

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
Communication ProtocolMandatory

All non-emergency communications with chambers must be in writing via ECF.

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.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Communication ProtocolImportant

Correspondence between counsel should not be sent to the Court.

Copies of correspondence between counsel shall not be sent to the Court.

Email

Direct to: Chambers

Prohibited
  • Status Inquiries
Communication ProtocolImportant

Telephone calls to chambers are disfavored but allowed for urgent matters.

Telephone calls to chambers are generally disfavored but are permitted for urgent matters.

Phone

Direct to: Chambers

Approved Topics
EmergenciesUrgent Matters
Pre-Motion ProcedureMandatory

Pre-motion letter must not exceed 3 pages and must be served within FRCP 12 or 56 time requirements.

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. Service of that letter within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Pre-Motion ProcedureMandatory

Response to pre-motion letter required within 1 week for Daubert and Rule 12 motions, max 3 pages.

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.

Pre-Motion Conference

Check specific requirements before filing.

Letter Requirements

Status
Optional
Max Length3 pgs
Opposition Due7 days

Briefing Schedule

Opp: 7d • Reply: d

Pre-Motion ProcedureMandatory

Response to pre-motion letter required within 2 weeks for summary judgment motions, max 3 pages.

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.

Pre-Motion Conference

Check specific requirements before filing.

Letter Requirements

Status
Optional
Max Length3 pgs
Opposition Due14 days

Briefing Schedule

Opp: 14d • Reply: d

Page or Word LimitMandatory

Motion memoranda limited to 25 pages (excluding TOC/TOA/exhibits/attachments).

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 or Word LimitMandatory

Reply memoranda limited to 10 pages (excluding TOC/TOA/exhibits/attachments).

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.

Format RequirementMandatory

Memoranda must use 12-point font with one-inch margins on all sides.

All memoranda of law shall be produced in 12-point font, including footnotes, and shall have one-inch margins on all sides.

Typography
Font FamilyOther
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Format RequirementMandatory

Memoranda must be text-searchable and include date of service on front cover.

All memoranda must be filed in a text-searchable format and must have the date of service printed on the front cover.

Required Format

PDF

Format RequirementImportant

Case law citations must be to official reporters or Westlaw/Lexis.

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.

Document RequirementMandatory

Evidentiary citations must include specific transcript pages.

Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.

Document Type

Motion Submission

Content & Formatting
Evidentiary Citations
Page or Word LimitMandatory

Objections to R&Rs limited to 15 pages (double-spaced).

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.

Format RequirementMandatory

Multi-page documents must be paginated by counsel before trial.

Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.

Layout & Binding
Binding Style
[Object Object]
Required Format

[Object Object]

Page 12
|SecTrial Exhibits
Communication ProtocolMandatory

AUSA must notify chambers immediately when new case is assigned to schedule conference.

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.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Communication ProtocolMandatory

AUSA must inform chambers about prior SDNY Criminal Division involvement in case.

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.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Communication ProtocolMandatory

Parties must notify court as soon as practicable before any bail status change proceeding.

Any party anticipating an application to change bail status at any stage shall notify the Court of the application as soon as practicable and before any proceeding at which the application will be made.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Document RequirementMandatory

Multi-page documents must be paginated by counsel before trial.

Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.

Document Type

Trial Exhibits

Content & Formatting
Pagination
Communication ProtocolMandatory

Pro se litigants must communicate with the Court only in writing.

A pro se litigant shall: 1. Communicate with the Court in writing only.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 15
|SecX. Matters Involving Pro Se Litigants