Judge Eric N. Vitaliano
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon request
Adjournments
- Extension requests must be filed as a Motion for Extension of Time, include specified disclosures, be made on 48 hours’ notice absent good cause, and include a proposed revised schedule when other dates are affected.
- Adjournment requests for court appearances must be filed at least 48 hours in advance, while emergency requests within 48 hours must be initiated by phone call to the Case Manager.
Communication
Phone
Clerk
Document Format Requirements7 rules
All PDF electronic filings must be in OCR-readable format.
Electronic filings must comply with Individual Rule II, including that all PDF filings are to be in OCR-readable format.
All sentencing memoranda must be in OCR-readable PDF format.
Parties shall submit these materials to Chambers via email in Microsoft Word format.
DOCX
Requests to charge and proposed verdict sheets shall be submitted via email in Microsoft Word format at least seven days before trial.
DOCX
All memoranda shall use Times New Roman twelve-point font, and shall have the date of service plainly visible on the front cover.
Where exhibits are voluminous, they should be placed in binders with tabs.
Document Filing Requirements24 rules
A copy will be simultaneously delivered to any pro se litigant or counsel who does not receive notification by ECF. In such cases, an affidavit of service must be filed.
DocumentLetter
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.
DocumentFiling
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.
DocumentFiling
Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy.
DocumentRelated Papers
The motion should state the factual and legal basis for the request and must attach the document proposed to be filed under seal.
DocumentMotion To Seal
Where permission to file a motion is granted, or where permission is not needed, the parties are to jointly file a letter proposing a briefing schedule for Court approval.
DocumentBriefing Schedule Letter
Parties must serve each motion paper on the other parties, along with a cover letter setting forth whom the movant represents and the papers being served.
DocumentCover Letter
Such party is further obligated to file on ECF a cover letter specifying each document in the bundle filed by the original moving party. A copy of the cover letter shall be sent to the assigned magistrate judge and to all other opposing counsel of record.
DocumentBundle Cover Letter
Memoranda of ten pages or more shall contain tables of contents and authorities.
DocumentMemorandum Of Law
Regardless, if any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these individual practices, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.
DocumentMotion Filed Under Time Limit Exception
After entry of default, a default-judgment motion must include proof of service and must include service at the defaulting party's last known address.
After an entry of default by the Clerk of Court, a motion for default judgment shall be made in accordance with Local Civil Rules 7.1 and 55.2, and must include proof of service in accordance with Local Civil Rule 55.2©, which, notwithstanding service on any other person, must include service at the last known address of the defaulting party.
DocumentDefault Judgment
A default-judgment movant must attach an affidavit showing post-default investigation of the defaulting party's military status.
Additionally, the movant for default judgment must append to its motion an affidavit containing facts to support a finding that an investigation into whether the defaulting party is in the military was conducted after entry of default by the Clerk of Court.
DocumentDefault Judgment
A default-related affidavit must establish non-infant/non-military/non-incompetent status, failure to plead or defend, and proper service.
To wit, a movant must have submitted an affidavit showing (i) that the party against whom a notation of default is sought is not an infant, in the military, or an incompetent person; (ii) that the party has failed to plead or otherwise defend the action; and (iii) that the pleading to which no response has been made was properly served.
DocumentDefault Judgment
Motions for default judgment will not be considered absent a prior issuance of a certificate of default by the Clerk of Court in accordance with Local Civil Rule 55.1.
DocumentDefault Judgment
Additionally, where service was made solely on the Secretary of State or other agent designated for service of process, counsel must certify that it is unaware of any other address where the defaulting party may be found.
DocumentDefault Judgment
Bail modification requests must include specified positions and officer identification, and explain any missing position statements.
Any bail modification requests must state the positions of the government and the pretrial or probation officer supervising the defendant, and include the name of such officer in the request. If the position of any of these parties is not stated, the letter must indicate why.
DocumentBail Modification Request
Counsel in cases involving pro se litigants are required to comply with Local Civil Rules 7.2, 12.1, 33.2, and 56.2, and to file affidavits confirming that they have done so.
DocumentAffidavit
In civil cases, a joint pre-trial order must be filed and provided to chambers within 60 days after discovery is certified complete, subject to stated exceptions.
Unless otherwise ordered, or when permission to file a motion under FRCP 56 has been granted, within 60 days from the date discovery in a civil case is certified as complete, the parties shall electronically file and provide to chambers a joint pre-trial order for the Court’s approval, which shall include the following:
DocumentPretrial Order
In jury cases, proposed jury instructions and a verdict sheet. Requests to charge should be limited to elements of the claims, the damages sought, and defenses. General instructions will be prepared by the Court.
DocumentProposed Jury Instructions
All exhibits must be pre-marked for trial and exchanged with the other parties at least ten days before trial.
DocumentTrial Exhibits
In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than ten days after the conclusion of trial, unless otherwise ordered by the Court. No responses to such submissions shall be permitted.
DocumentProposed Findings Conclusions
All memoranda shall use Times New Roman twelve-point font, and shall have the date of service plainly visible on the front cover.
DocumentMemorandum Of Law
The notice of motion shall state that oral argument will be on a date and at a time to be designated by the Court.
DocumentNotice Of Motion
A pre-trial memorandum in any case where a party believes such would be useful shall be submitted at least seven days before trial.
DocumentPre Trial Memorandum
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies should not be sent unless the docket specifically directs parties to provide them.
Courtesy copies are not desired and should not be sent to Chambers. If required, parties will be specifically advised of the need to send courtesy copies via the docket.
Page 3 | II. ELECTRONIC CASE FILING - D. Courtesy Copies
Sealing & Redaction Procedures
Electronic filings must comply with FRCP 5.2 redaction requirements.
All electronic filings must be redacted in accordance with FRCP 5.2.
Page 3 | II. ELECTRONIC CASE FILING - A. Filing
A sealing request must be filed on ECF as a motion, and a public redacted version must be filed simultaneously.
Parties wishing to file a document under seal must submit the request on ECF as a “Motion for Leave to Electronically File Document Under Seal.” At the same time, the party must publicly file, as a “Redacted Document,” a redacted copy of the motion and attached document.
Page 3 | II. ELECTRONIC CASE FILING - E. Filing under seal
Filing Bundling Requirements
Motion papers generally must not be filed until briefing is complete.
Except as described below, no motion paper shall be filed until the motion has been fully briefed (the “Bundling Rule”).
Page 5 | D. Service and Filing of Motions
The Bundling Rule has specific motion-type exceptions, including default, post-trial, Rule 60, reconsideration, OSC, FRAP 4(a)(5), in forma pauperis, and criminal motions.
The Bundling Rule does not apply to the following motions: • Motions for default judgment; • Post-trial motions pursuant to FRCP 50, 52, and 59; • Motions for relief from judgment pursuant to FRCP 60; • Motions for reconsideration (Local Civil Rule 6.3); • Motions requesting an order to show cause; • Motions pursuant to Federal Rule of Appellate Procedure 4(a)(5); • Motions to proceed in forma pauperis; and • Motions in criminal matters.
Page 5 | D. Service and Filing of Motions
Especially voluminous filings shall be split into multiple ECF entries as needed, in consultation with the ECF Help Desk.
Especially voluminous filings shall be split into multiple ECF entries as needed, in consultation with the ECF Help Desk.
Page 3 | II. ELECTRONIC CASE FILING - A. Filing
Criminal motions generally follow civil motion rules unless otherwise directed, but the Bundling Rule does not apply.
Unless otherwise directed by the Court, follow the rule for civil motions, except that the Bundling Rule shall not apply to any criminal motion.
Page 7 | D. Memoranda of Law
Pre-Motion Conference Requirements
Pre-motion requests and responses must be letter submissions capped at three pages, with responses due within seven days.
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.
Page 4 | III. CIVIL MOTIONS - A. Pre-Motion Conferences
FRCP 56 pre-motion conference requests must be made within 30 days after close-of-discovery certification, absent court order or good cause.
Any request for a pre-motion conference concerning a FRCP 56 motion for summary judgment must be made within 30 days of the certification of the close of discovery, unless otherwise ordered or for good cause shown.
Page 4 | III. CIVIL MOTIONS - A. Pre-Motion Conferences
When all parties are represented, pre-motion conferences are required before FRCP 12, FRCP 56, and venue-change motions.
In cases where all parties are represented by counsel, a pre-motion conference with the Court must be requested before making any motion: (i) pursuant to FRCP 12 or 56; or (ii) for a change of venue.
Page 4 | III. CIVIL MOTIONS - A. Pre-Motion Conferences
Parties must obtain court approval of the motion schedule before serving motion papers and cannot change that schedule without a court order.
No party is to serve any motion paper prior to obtaining court approval of the schedule. No changes to the approved schedule may be made without court order.
Page 5 | III. CIVIL MOTIONS
Pre-motion conference and full-briefing-before-filing requirements are waived when strict deadlines must be met to preserve rights.
As indicated above, these individual practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.
Page 6 | E. Exceptions to the Pre-Motion Conference, Motion Scheduling, and Bundling Rules
In criminal cases, contemplated motions must be raised at a status conference or by a written pre-motion conference request stating grounds before filing.
Counsel shall advise the Court of any contemplated motion at a status conference scheduled by the Court. If no status conference is scheduled, counsel shall request a pre-motion conference in writing and briefly state the grounds for such motion, before filing any motion.
Page 7 | A. Pre-Motion Conferences in Criminal Cases
In criminal cases, motions in limine are due 14 days before jury selection, responses are due five days later, and oral argument is scheduled at the Court’s convenience.
Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than 14 days before the date fixed for commencement of jury selection. Responses, if any, shall be due five days later. Oral arguments shall be scheduled at the convenience of the Court.
Page 10 | C. Filings Prior to Trial in Criminal Cases
Pre-motion conferences are exempted in listed categories (including pro se and several case types), and discovery motions follow Local Civil Rules 6.4 and 37.3.
No pre-motion conference shall be required where any party is pro se, or for post-trial motions, habeas corpus/prisoner petitions, Social Security appeals, bankruptcy appeals, objections to a report and recommendation or a magistrate judge, or where the Court determines that a pre-motion conference is unnecessary. For discovery motions, parties should follow Local Civil Rules 6.4 and 37.3.
Page 4 | III. CIVIL MOTIONS - A. Pre-Motion Conferences
A pre-motion letter served within FRCP 12(a) timing counts as timely service for an FRCP 12(b) motion.
Service of the letter by the moving party within the time requirements of FRCP 12(a) shall constitute timely service of a motion made pursuant to FRCP 12(b).
Page 4 | III. CIVIL MOTIONS - A. Pre-Motion Conferences
All criminal motions are set for oral argument on a date determined by the Court.
Oral argument on all criminal motions will be heard on a date set by the Court.
Page 8 | IV. CRIMINAL MOTIONS
Adjournment & Extension Requirements
Adjournment requests for court appearances must be filed at least 48 hours in advance, while emergency requests within 48 hours must be initiated by phone call to the Case Manager.
A request for an adjournment of a court appearance shall be filed as a “Motion to Adjourn Conference” at least 48 hours prior to the appearance. Emergency requests for adjournment made within 48 hours prior to the scheduled court appearance shall be initiated by a phone call to the Case Manager.
Page 2 | I. COMMUNICATIONS WITH CHAMBERS
Extension requests must be filed as a Motion for Extension of Time, include specified disclosures, be made on 48 hours’ notice absent good cause, and include a proposed revised schedule when other dates are affected.
All requests for extensions of time to comply with any rule or order must be filed as a “Motion for Extension of Time” and state (1) the original compliance date, (2) the number of previous requests for extension, (3) whether those previous requests were granted or denied, (4) the reason for the extension, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. Requests for extensions will not be considered unless submitted on 48 hours’ notice, absent good cause shown. If the requested extension affects any other scheduled dates, a proposed revised scheduling order must be provided, and it must indicate whether the proposed revised dates are on consent.
Page 2 | I. COMMUNICATIONS WITH CHAMBERS
Chambers Communication Rules
Communications with Chambers must be made in writing through ECF, with pro se litigants filing through the Clerk’s Office.
Communications with Chambers shall be in writing and filed on ECF or, in the case of pro se litigants, with the Clerk of Court’s office.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Email to Chambers is allowed only for time-sensitive matters and only with prior authorization.
Emails to Chambers are permitted only for time-sensitive requests and where prior authorization from Chambers is obtained.
Page 2 | I. COMMUNICATIONS WITH CHAMBERS
Conference requests cannot be made by email to Chambers.
Conference requests may not be submitted via email.
Page 2 | I. COMMUNICATIONS WITH CHAMBERS
Requests to charge and proposed verdict sheets must be submitted by email at least seven days before trial.
Requests to charge and proposed verdict sheets shall be submitted via email in Microsoft Word format at least seven days before trial.
Page 11 | Unknown
Fax communications to Chambers are discouraged.
Faxes are discouraged.
Page 2 | I. COMMUNICATIONS WITH CHAMBERS
Technical questions related to electronic filing should be directed to the ECF Help Desk at 718-613-2610.
Technical questions related to electronic filing should be directed to the ECF Help Desk at 718-613-2610.
Page 3 | II. ELECTRONIC CASE FILING - A. Filing
Email to chambers is authorized for submitting the specified pretrial jury materials.
Parties shall submit these materials to Chambers via email in Microsoft Word format.
Page 10 | B. Filings Prior to Trial in Civil Cases