Judge Eric N. Vitaliano
Limits & Logistics
Courtesy Copies
Filings
Not Required
Adjournments
Must Include
- 1Original Date
- 2Number Of Previous Requests
- 3Previous Requests Granted Or Denied
- 4Reason For Request
- 5Adversary Position
- 6Affects Other Dates
- 7Proposed Rescheduled Date
Communication
Chambers
Phone
Intake Unit
Detailed Drafting Rules
Electronic filing required except for pro se parties who file with Clerk
A. Filing. All documents must be filed electronically, except that pro se parties are automatically exempt from mandatory electronic filing and must file their documents with the Clerk of Court, not Chambers. All filings must be simultaneously served on pro se parties and/or counsel who do not receive ECF notifications. In such cases, an affidavit of service must be filed.
Direct to: Chambers
- Status Inquiries
Attorneys may request ECF exemption for good cause hardship only
1. Requests by attorneys for an exemption to the mandatory electronic filing policy will be considered for good cause hardship reasons only and will be reviewed on an individual basis by the assigned magistrate judge. However, no request will be granted until the attorney has registered for ECF and sought ECF training.
Direct to: Chambers
- Status Inquiries
Technical ECF questions should be directed to ECF Help Desk
2. Technical questions related to electronic filing should be directed to the ECF Help Desk at 718-613-2610.
Voluminous filings should be split into multiple ECF entries
4. Especially voluminous filings shall be split into multiple ECF entries as needed, in consultation with the ECF Help Desk.
Non-text exhibits may be filed as hard copy with Clerk with pre-approval
1. Parties filing non-text exhibits may request pre-approval to file a hard copy with the Clerk of Court and to securely transmit copies to Chambers via electronic means. Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy.
Direct to: Chambers
- Status Inquiries
Pre-motion letter limited to 3 pages with 7-day response period
To request a pre-motion conference, the moving party shall serve and file, as a “Motion for a Pre Motion Conference,” a letter, not to exceed three pages, setting forth the factual and legal basis for the anticipated motion. All parties so served shall serve and file a letter response, not to exceed three pages, within seven days from service.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
Briefing Schedule
Opp: 7d • Reply: d
Memoranda of law must use Times New Roman 12pt font, show service date on cover, include TOC/TOA if 10+ pages, and no letter briefs unless requested.
Counsel are expected to exercise their professional judgment as to the length of memoranda of law, and page limits may be imposed if that expectation is not met. All memoranda shall use Times New Roman twelve-point font, and shall have the date of service plainly visible on the front cover. Memoranda of ten pages or more shall contain tables of contents and authorities. No letter briefs shall be permitted, unless requested by the Court.
Oral argument on motions is at Court's discretion for represented parties.
When the parties are represented by counsel, oral argument on motions will be heard at the Court’s discretion. The notice of motion shall state that oral argument will be on a date and at a time to be designated by the Court. If necessary, the Court will contact the parties to set the specific date and time for oral argument.
Direct to: Chambers
- Status Inquiries
Oral argument on criminal motions scheduled by Court.
Oral argument on all criminal motions will be heard on a date set by the Court.
Direct to: Chambers
- Status Inquiries