Court Rules
Judge

Judge Eric R. Komitee

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of New York

Limits & Logistics

Document Limits

Pre Motion Letter Response
3 pgs
Brief
15 pgs
Reply Brief
10 pgs
Brief
25 pgs
Reply Memorandum
10 pgs
Memorandum Of Law
25 pgs

Courtesy Copies

Courtesy copies

  • 1 copy
  • 2 copies

Filings >= 100 pages

  • 1 copy

Motion, Letter

Adjournments

3Business Daysnotice
  • Adjournment/extension requests must be filed on ECF at least 3 business days before deadline, except for pro se litigants.
  • Adjournment and extension requests must be filed at least three business days in advance and through ECF, except pro se litigants.
  • Court will not adjourn deadlines upon settlement in principle; only upon effective stipulation of dismissal or accepted Rule 68 offer.
  • Adverse party consent is not sufficient ground for extension or adjournment.
  • Deadlines generally not adjourned if parties reached settlement in principle but haven't filed stipulation to dismiss.
  • +3 more

Request must include

Original DateReason For RequestAdversary PositionProposed New DatesAffects Other Dates
  • Requests to exceed memorandum page limits must be made in writing at least 5 days before the due date, or 2 days for reply briefs.

Communication

Letter via ECF

Chambers

No status inquiries
Letter via ECF

Clerk

No status inquiries
Phone

Chambers

Emergencies
Phone
Scheduling
Filters:

Page & Word Limits6 rules

Page LimitsMandatory

Response to pre-motion letter limited to 3 pages, due within 5 business days.

All parties served are required to serve and file a response, not to exceed three pages, within five business days of service of the moving party’s letter, either opposing the motion or advising the Court that it does not intend to oppose the motion.

Pre Motion Letter Response

3 pages

Applies to: Attorney

Page LimitsMandatory

Memoranda in support of and in opposition to all other motions are limited to fifteen pages and reply memoranda are limited to five pages.

Brief

15 pages

Page LimitsMandatory

Page limits: 25 pages for dispositive motions, 15 pages for other motions, 10 pages for reply to dispositive, 5 pages for reply to other motions.

Memoranda in support of and in opposition to dispositive motions (under Rules 12 and 56) are limited to twenty-five pages. Reply memoranda are limited to ten pages. Memoranda in support of and in opposition to all other motions are limited to fifteen pages and reply memoranda are limited to five pages.

Brief

25 pages

Applies to: Attorney

Page LimitsMandatory

Reply memoranda are limited to ten pages.

Reply Brief

10 pages

Page LimitsMandatoryCriminal cases

Memoranda in support of and opposition to motions are limited to 25 pages, excluding specified sections and attachments.

Unless prior permission is granted, memoranda in support of and in opposition to motions are limited to twenty-five pages (excluding tables of contents, tables of authorities, exhibits, appendices, or attachments).

Memorandum Of Law

25 pages

EK-MLR cr · Jul 2025 · p. 4
|SecIII. CRIMINAL MOTIONS — A. Memoranda of Law
Page LimitsMandatoryCriminal cases

Reply memoranda are limited to ten pages (excluding tables of contents, tables of authorities, exhibits, appendices, or attachments).

Reply Memorandum

10 pages

EK-MLR cr · Jul 2025 · p. 4
|SecIII. CRIMINAL MOTIONS — A. Memoranda of Law

Document Format Requirements7 rules

FormattingMandatory

Memoranda must be double-spaced with one-inch margins. Use Times New Roman, twelve-point font, with footnotes that are at least ten-point font.

Typography
Font FamilyTimes New Roman
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
FormattingMandatory

The Joint Pre-Trial Order must use the font type and size specified in Part III, Section D.

FormattingMandatoryCriminal cases

Memoranda must be double-spaced with one-inch margins. Use Times New Roman, twelve-point font, with footnotes that are at least ten-point font.

Typography
Font FamilyTimes New Roman
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
EK-MLR cr · Jul 2025 · p. 4
|SecIII. CRIMINAL MOTIONS — A. Memoranda of Law
FormattingMandatoryCriminal cases

No later than the first day of jury selection, all parties are to provide the Court with tabbed binders containing copies of all exhibits. If multiple binders will be submitted, the parties should include spine labels that indicate the range of exhibits in each binder.

EK-MLR cr · Jul 2025 · p. 6
|SecIV. PRE-TRIAL PROCEDURES > B. Trial Exhibits and Witnesses
FormattingImportant

All written submissions and supporting materials must, to the maximum extent possible, be text-searchable.

FormattingImportantCriminal cases

All written submissions and supporting materials must, to the maximum extent possible, be text-searchable.

EK-MLR cr · Jul 2025 · p. 3
|SecII. ELECTRONIC CASE FILING (ECF)
FormattingImportantCriminal cases

Proposed orders, jury instructions, and other submissions that a party would like the Court to adopt should be emailed to chambers in Microsoft Word format and filed on ECF in PDF. Parties need not submit Word files of stipulations unless specifically requested to do so.

EK-MLR cr · Jul 2025 · p. 3
|SecII.C. Word-Processing Files of Proposed Orders

Document Filing Requirements53 rules

Filing RequirementsMandatory

All requests must state: a. The date of the existing deadline; b. the reason for the request;

DocumentAdjournment Request

Filing RequirementsMandatory

Memoranda also must have the date of service plainly visible on the front cover.

DocumentBrief

Filing RequirementsMandatory

Memoranda must contain a table of contents and a table of authorities.

DocumentBrief

Content & Formatting
Table Of Authorities
Table Of Contents
Filing RequirementsMandatory

The parties should be prepared to display evidence electronically if they intend to offer more than ten exhibits at trial. Any party intending to present exhibits in digital form must meet with the Court’s Case Manager at least five days prior to the commencement of the trial to review the available equipment for the presentation of digital evidence. Counsel should be accompanied by any audio-visual personnel who will be operating any equipment that will be used at trial. Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.

DocumentExhibits

EK-MLR · Nov 2025 · p. 11
|SecUse of Electronic Equipment
Filing RequirementsMandatory

If counsel anticipates that a witness will refer to documentary evidence not previously exchanged, counsel should have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.

DocumentWitness Examination

EK-MLR · Nov 2025 · p. 12
|SecWitness Examinations
Filing RequirementsMandatory

Parties must provide witness list by 7:00 p.m. the evening before each trial day, including roles and relevance of unresolved motions in limine.

At or before 7:00 p.m. the evening prior to each trial day, the party presenting its case shall provide a list of all witnesses that may testify that following day. The list should state the witness’s title or role in the case (for example, “Case Agent,” “former Chief Operating Officer,” etc.). The document should also indicate whether any unresolved motions in limine will be relevant to any listed witness’s testimony.

DocumentWitness List

EK-MLR · Nov 2025 · p. 12
|SecWitness Examinations
Filing RequirementsMandatory

Both the counsel seeking to withdraw and proposed replacement counsel must attend any proceedings where the Court is considering a motion pursuant to Local Rule 1.4 for withdrawal or substitution.

DocumentWithdrawal Of Counsel

EK-MLR · Nov 2025 · p. 12
|SecWithdrawal of Counsel
Filing RequirementsMandatory

Respondent must file state court record within 60 days of petition, with individual ECF filings and clear labels.

The respondent shall electronically file the state court record within 60 days of the filing of the petition. Each item should be filed individually on ECF, and labeled so that the document is readily identifiable – for example, “Exhibit A – Suppression Hearing Transcript,” and not “Exhibit A State Court Record.”

DocumentHabeas Corpus

Filing RequirementsMandatory

The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

DocumentProposed Findings Of Fact

Filing RequirementsMandatory

In all non-jury cases, the parties shall file proposed findings of fact and conclusions of law with the Joint Pre-Trial Order.

DocumentJoint Pre Trial Order

Filing RequirementsMandatory

Proposed instructions must cite sources and footnote non-pattern language.

Each proposed instruction should indicate the source from which it is taken, including pattern instructions. All language taken from a source other than a pattern instruction should be footnoted, with the note stating the specific authority for that particular language.

DocumentProposed Instructions

Filing RequirementsMandatory

Except for good cause shown, only exhibits listed in the Joint Pre-Trial Order will be received in evidence.

DocumentJoint Pre Trial Order

Filing RequirementsMandatory

A motion to amend a complaint must attach as exhibits the proposed amended complaint in both a clean version and a blackline against the operative complaint.

DocumentMotion To Amend Complaint

Filing RequirementsMandatory

Proposed orders, jury instructions, and other submissions that a party would like the Court to adopt should be emailed to chambers in Microsoft Word format and filed on ECF in PDF.

DocumentProposed Order

Content & Formatting
Proposed Order
Filing RequirementsMandatory

The parties must meet and confer prior to filing the Joint Pre-Trial Order in an effort to resolve all objections without the Court's intervention.

DocumentJoint Pre Trial Order

Filing RequirementsMandatory

At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

DocumentProposed Findings Of Fact And Conclusions Of Law

Filing RequirementsMandatory

All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection (or, in the case of a bench trial, before opening statements).

DocumentTrial Exhibits

Filing RequirementsMandatory

The parties must list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party.

DocumentJoint Pre Trial Order

Filing RequirementsMandatory

Word-processing files of proposed charges should be submitted to chambers pursuant to Part II, Section C of these Rules.

DocumentProposed Charges

Filing RequirementsMandatory

Parties must submit joint document with agreed requests to charge and each party's proposed edits.

The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed upon requests to charge and, where no agreement is reached, each party's proposed edits with an explanation of the other party's objection.

DocumentRequests To Charge

Filing RequirementsMandatory

Each party shall file the following fourteen days before the commencement of jury selection: Requests to charge, proposed verdict sheets and proposed voir dire questions in jury cases.

DocumentJury Trial Preparation

Filing RequirementsMandatoryCriminal cases

All correspondence must include the case name, docket number, and initials of the judge(s) assigned to the case.

DocumentCorrespondence

Content & Formatting
Caption
Case Number
EK-MLR cr · Jul 2025 · p. 1
|SecI. COMMUNICATIONS > A. Written Correspondence > 2
Filing RequirementsMandatoryCriminal cases

Requests for relief must be filed as motions on ECF and the ECF entry must clearly state the request subject.

All requests for relief from the Court, including for an adjournment or extension of time, shall be designated as a “motion” on ECF. In addition, the ECF entry line must clearly state the subject matter of the request — e.g., “Letter Motion Requesting Extension of Time to Respond to Interrogatories.”

DocumentMotion

EK-MLR cr · Jul 2025 · p. 2
|SecII. ELECTRONIC CASE FILING (ECF) > A. Mandatory ECF Filing > 3
Filing RequirementsMandatoryCriminal cases

The government must file a Rule 12.4 disclosure statement before the first appearance, when applicable.

DocumentRule 12 4 Disclosure Statement

EK-MLR cr · Jul 2025 · p. 2
|SecI. COMMUNICATIONS > D. New Criminal Cases > 2
Filing RequirementsMandatoryCriminal cases

Parties must seek leave of the Court before submitting sur-replies.

DocumentSur Reply

EK-MLR cr · Jul 2025 · p. 4
|SecIII. CRIMINAL MOTIONS — A. Memoranda of Law
Filing RequirementsMandatoryCriminal cases

Memoranda must contain a table of contents and a table of authorities. Memoranda also must show the date of service on the front cover.

DocumentMemorandum Of Law

Content & Formatting
Table Of Authorities
Table Of Contents
EK-MLR cr · Jul 2025 · p. 4
|SecIII. CRIMINAL MOTIONS — A. Memoranda of Law
Filing RequirementsMandatoryCriminal cases

In a multi-defendant case, all filings must designate the specific defendant or defendants as to whom the filing pertains.

DocumentFiling

EK-MLR cr · Jul 2025 · p. 5
|SecIII. CRIMINAL MOTIONS
Filing RequirementsMandatoryCriminal cases

Any party appealing a magistrate judge’s order of release or order of detention shall include a copy of the transcript before the magistrate judge with their motion.

DocumentMotion Appealing Release Or Detention Order

EK-MLR cr · Jul 2025 · p. 5
|SecB. Appeals of Magistrate Judge Orders of Release or Detention
Filing RequirementsMandatoryCriminal cases

Proposed voir dire questions, lists of all potential witnesses and any other individuals and entities that may be mentioned at trial, requests to charge, and proposed verdict sheets should be submitted no later than fourteen days before jury selection.

DocumentPretrial Submissions

EK-MLR cr · Jul 2025 · p. 6
|SecIV. PRE-TRIAL PROCEDURES > A. Filings Prior to Trial in Criminal Cases
Filing RequirementsMandatoryCriminal cases

Trial exhibits must be pre-marked and exchanged at least 10 days before jury selection, and each document must be individually marked (no compound exhibits).

All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection. Counsel should take care to ensure that exhibits are not compound ‒ that is, that each document is identified and marked individually.

DocumentTrial Exhibits

EK-MLR cr · Jul 2025 · p. 6
|SecIV. PRE-TRIAL PROCEDURES > B. Trial Exhibits and Witnesses
Filing RequirementsMandatoryCriminal cases

The binder should also include an exhibit list and a witness list. The exhibit list should list every exhibit in the binder(s) and contain a brief description of each exhibit, no longer than one sentence.

DocumentTrial Exhibit Binder

Content & Formatting
Exhibit List
EK-MLR cr · Jul 2025 · p. 6
|SecIV. PRE-TRIAL PROCEDURES > B. Trial Exhibits and Witnesses
Filing RequirementsMandatoryCriminal cases

Sentencing submission deadlines differ by party, and sentencing memoranda must be provided to both Probation and the Court.

A defendant’s sentencing submissions are due twenty-one days prior to sentencing. Sentencing memoranda must be provided to the Probation Department as well as the Court. The government’s sentencing submissions are due fourteen days prior to sentencing.

DocumentSentencing Submission

EK-MLR cr · Jul 2025 · p. 7
|SecVI. SENTENCING - A. Sentencing Submissions
Filing RequirementsMandatoryCriminal cases

Counsel must have documentary evidence copies available during direct examination, including two copies for the Court.

Where counsel anticipates that a witness will refer to documentary evidence in the course of his or her direct testimony, counsel shall have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.

EK-MLR cr · Jul 2025 · p. 7
|SecA. Witness Examinations
Filing RequirementsMandatoryCriminal cases

At or before 7:00 p.m. the evening prior to each trial day, the party presenting its case shall provide a written list of all witnesses that may testify on the following day.

DocumentWitness List

EK-MLR cr · Jul 2025 · p. 7
|SecA. Witness Examinations
Filing RequirementsMandatoryCriminal cases

The Court requires at least two days’ notice of a guilty plea on a violation of supervised release. The notice must specify the violations as to which the defendant intends to plead guilty.

DocumentNotice Of Guilty Plea

EK-MLR cr · Jul 2025 · p. 8
|SecVII. VIOLATION OF SUPERVISED RELEASE
Filing RequirementsMandatoryCriminal cases

The government shall submit a penalty sheet encompassing the relevant statutes and guidelines at least two days prior to any guilty plea and sentencing.

DocumentPenalty Sheet

EK-MLR cr · Jul 2025 · p. 8
|SecVII. VIOLATION OF SUPERVISED RELEASE
Filing RequirementsMandatoryCriminal cases

An objecting party must identify the specific language and paragraph numbers of the presentence report to which it objects.

DocumentPresentence Report Objection

EK-MLR cr · Jul 2025 · p. 8
|SecVI. SENTENCING - A. Sentencing Submissions
Filing RequirementsImportant

All correspondence must include the case name, docket number, and initials of the judge(s) assigned to the case.

DocumentCorrespondence

Content & Formatting
Case Number
Filing RequirementsImportant

Related papers filed on ECF must clearly indicate how the exhibits were filed, and what virus-scanning device was employed.

DocumentExhibits

Filing RequirementsImportant

The ECF entry line must clearly state the subject matter of the request — e.g., “Letter Motion Requesting Extension of Time to Respond to Interrogatories.”

DocumentMotion

Content & Formatting
Caption
Filing RequirementsImportant

Sidebar conferences should be minimized; counsel should anticipate and raise evidentiary issues in advance.

Sidebar conferences should be kept to a minimum. Counsel are expected to anticipate and raise evidentiary issues in advance of trial, to the maximum extent foreseeable, to be respectful of the jurors’ time.

DocumentTrial Procedures

Filing RequirementsImportant

Counsel should instead ask that the witness be permitted to offer opinion testimony pursuant to Rule 702.

DocumentWitness Examination

EK-MLR · Nov 2025 · p. 12
|SecWitness Examinations
Filing RequirementsImportant

Parties should explain the need for any provision in a so-ordered settlement agreement or stipulation of dismissal that calls for the Court to retain jurisdiction after a judgment issues. Generally speaking, the Court is unlikely to retain jurisdiction, absent the need to supervise ongoing conduct remedies or other exceptional circumstances.

DocumentSettlement Agreement

EK-MLR · Nov 2025 · p. 12
|SecReports of Settlement and Stipulations to Dismiss
Filing RequirementsImportant

Pro se plaintiffs are exempt from this rule.

DocumentMotion To Amend Complaint

Filing RequirementsImportantCriminal cases

Do not annex as exhibits copies of pleadings or other filings that already appear on the docket.

DocumentExhibits

EK-MLR cr · Jul 2025 · p. 4
|SecII. ELECTRONIC CASE FILING (ECF)
Filing RequirementsImportantCriminal cases

Supplemental-authority notices may be filed without leave, but must comply with Fed. R. App. P. 28(j) length and content requirements.

Notices of supplemental authority regarding decisions issued after the completion of briefing may be filed without leave of the Court. The length and content of such letters shall comply with the requirements of Fed. R. App. P. 28(j).

DocumentNotice Of Supplemental Authority

EK-MLR cr · Jul 2025 · p. 5
|SecIII. CRIMINAL MOTIONS
Filing RequirementsImportantCriminal cases

Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.

DocumentEcf Confirmation Filing

EK-MLR cr · Jul 2025 · p. 6
|SecIV. PRE-TRIAL PROCEDURES > C. Use of Electronic Equipment
Filing RequirementsImportantCriminal cases

Sentencing submissions should identify comparable § 3553(a)(6) cases and resulting sentences.

Sentencing submissions should indicate cases that the parties believe are comparable under 18 U.S.C. § 3553(a)(6) — that is, cases involving defendants with similar records who have been found guilty of similar conduct — and the sentences imposed therein.

DocumentSentencing Submission

EK-MLR cr · Jul 2025 · p. 7
|SecVI. SENTENCING - A. Sentencing Submissions
Filing RequirementsImportantCriminal cases

The list should state the witness’s title or role in the case (for example, “Case Agent,” “former Chief Operating Officer”).

DocumentWitness List

EK-MLR cr · Jul 2025 · p. 7
|SecA. Witness Examinations
Filing RequirementsImportantCriminal cases

The document should also indicate whether any unresolved motions in limine will be relevant to any listed witness’s testimony.

DocumentWitness List

EK-MLR cr · Jul 2025 · p. 7
|SecA. Witness Examinations
Filing RequirementsImportantCriminal cases

Sentencing submissions should address restitution, fine, and forfeiture, and the government should explicitly state if restitution is not sought.

Sentencing submissions should affirmatively address the applicability of restitution, fine, and forfeiture in addition to incarceration, probation, and supervised release. If no restitution is being sought, the government should say so explicitly in its sentencing memorandum.

DocumentSentencing Memorandum

EK-MLR cr · Jul 2025 · p. 8
|SecVI. SENTENCING - A. Sentencing Submissions
Filing RequirementsImportantCriminal cases

Preliminary forfeiture order timing depends on whether forfeiture is routine versus contested or property-specific.

The preliminary order of forfeiture, if any is to be submitted, is due one week prior to sentencing in routine forfeiture cases that do not include specified property. If forfeiture is contested, or if forfeiture includes specified property, the government should submit a preliminary order at least two weeks prior to the sentencing date.

DocumentPreliminary Order Of Forfeiture

EK-MLR cr · Jul 2025 · p. 8
|SecVI. SENTENCING - A. Sentencing Submissions
Filing RequirementsNote

Unless otherwise notified, the Court (or a magistrate judge) will conduct all voir dire.

DocumentVoir Dire

Filing & Service rules

Courtesy Copy Requirements

One courtesy copy required for submissions of 100+ pages.

Parties must submit one courtesy copy for all submissions of one hundred pages or greater (inclusive of any exhibits or attachments).

Courtesy copies must be double-sided, match the ECF-filed document, include ECF numbering at the top, and be marked "Courtesy Copy."

Parties must print double-sided. The courtesy copy should be a reproduction of the document as filed on ECF, with the ECF numbering appearing at the top of the page, and clearly marked “Courtesy Copy.”

Criminal cases

Page 4 | II. ELECTRONIC CASE FILING (ECF)

One courtesy copy is required for submissions of 100 pages or more, including exhibits and attachments.

Parties must submit one courtesy copy for all submissions of one hundred pages or greater (inclusive of any exhibits or attachments).

Criminal cases

Page 4 | II. ELECTRONIC CASE FILING (ECF)

Parties filing non-text exhibits that are impractical to file electronically should submit an electronic version on a virus-scanned USB drive to the Clerk's Office (labeled “Original”) and to chambers (labeled “Courtesy Copy”).

Parties filing non-text exhibits that are impractical to file electronically should submit an electronic version on a virus-scanned USB drive to the Clerk's Office (labeled “Original”) and to chambers (labeled “Courtesy Copy”).

Page 2 | II.A.4

Parties should not submit courtesy copies of: a. Pleadings, as defined by Fed. R. Civ. P. 7(a); and b. motions, letters, or other filings directed to the magistrate judge assigned to a matter.

Parties should not submit courtesy copies of: a. Pleadings, as defined by Fed. R. Civ. P. 7(a); and b. motions, letters, or other filings directed to the magistrate judge assigned to a matter.

Parties should assemble courtesy copies in a three-ring binder with a table of contents and appropriately labeled tabs. Binder covers and spines must identify the case name, docket number, and the binder’s contents.

Parties should assemble courtesy copies in a three-ring binder with a table of contents and appropriately labeled tabs. Binder covers and spines must identify the case name, docket number, and the binder’s contents.

Criminal cases

Page 4 | II. ELECTRONIC CASE FILING (ECF)

Parties should not submit courtesy copies of motions, letters, or filings directed to the magistrate judge assigned to a matter.

Parties should not submit courtesy copies of motions, letters, or filings directed to the magistrate judge assigned to a matter.

Criminal cases

Page 4 | II. ELECTRONIC CASE FILING (ECF)

Sealing & Redaction Procedures

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

Sealed document filings must follow EDNY website technical instructions.

Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.

Sealing requests are typically denied if they do not propose redactions or specifically explain why redactions are not feasible.

A request to file under seal that does not either propose redactions, or explain with specificity why individual redactions are untenable, will typically be denied.

Criminal cases

Page 3 | II.B. Filing Under Seal or in Redacted Form

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

Criminal cases

Page 3 | II.B. Filing Under Seal or in Redacted Form

A party seeking to file under seal must follow the EDNY technical sealing instructions.

Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.

Criminal cases

Page 3 | II.B. Filing Under Seal or in Redacted Form

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

Criminal cases

Page 3 | II.B. Filing Under Seal or in Redacted Form

Proposed redactions should be highlighted or otherwise identified while keeping the underlying text readable.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

Criminal cases

Page 3 | II.B. Filing Under Seal or in Redacted Form

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Criminal cases

Page 8 | VI. SENTENCING - A. Sentencing Submissions

Filing Bundling Requirements

Parties must provide tabbed binders with exhibits, exhibit list, and witness list on first day of trial.

No later than the first day of trial, all parties are to provide the Court with tabbed binders containing copies of all exhibits. The binder should also include an exhibit list and a witness list. The exhibit list should list every exhibit in the binder(s) and contain a brief description of each exhibit, no longer than one sentence. If multiple binders will be submitted, the parties should include spine labels that indicate the range of exhibits in each binder.

Page 11 | EXHIBITS AND WITNESS LISTS

Pre-Motion Conference Requirements

Motions in limine must be filed 30 days before jury selection.

each party shall file the following thirty days before the date fixed for commencement of jury selection: a. Motions addressing any evidentiary or other trial-related issues that should be resolved in limine.

Responses to motions in limine are due 10 days after filing.

Responses, if any, are due ten days after the date the motion is filed, unless otherwise ordered.

Motions in limine are due 30 days before jury selection, responses are due 10 days after filing, and replies are not due unless the Court requests them.

Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than thirty days before the date fixed for commencement of jury selection. Responses, if any, are due ten days after the date the motion is filed, unless otherwise ordered. No reply briefs should be due on motions in limine unless the Court requests them.

Criminal cases

Page 6 | IV. PRE-TRIAL PROCEDURES > A. Filings Prior to Trial in Criminal Cases

Pre-motion conference required before Rule 12/56 motions and venue changes, except for certain case types.

Except in the case of habeas corpus / prisoner petitions, Social Security appeals, bankruptcy appeals, and post-trial motions, parties that are represented by counsel must request a pre-motion conference with the Court before making: (i) any motion pursuant to Fed. R. Civ. P. 12 or 56 or (ii) any motion for a change of venue.

Adjournment & Extension Requirements

Adjournment/extension requests must be filed on ECF at least 3 business days before deadline, except for pro se litigants.

Requests for adjournments or extensions of time must be made at least three business days prior to the scheduled deadline or appearance and must be filed through ECF, except for pro se litigants.

Page 2 | II.C.1

Court will not adjourn deadlines upon settlement in principle; only upon effective stipulation of dismissal or accepted Rule 68 offer.

Generally speaking, it is the Court’s practice not to adjourn previously scheduled deadlines, including trial dates, upon notification that a settlement in principle has been reached. Deadlines will generally be adjourned only when and if a stipulation of dismissal has been entered and become effective or the parties properly file notice that a Rule 68 offer of judgment has been accepted.

Page 12 | Reports of Settlement and Stipulations to Dismiss

Adjournment and extension requests must be filed at least three business days in advance and through ECF, except pro se litigants.

Requests for adjournments of court appearances or extensions of time must be made at least three business days prior to the scheduled deadline or appearance and must be filed through ECF, except for pro se litigants.

Criminal cases

Page 1 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 1

Adjournment or extension requests must include the current deadline/appearance date and the reason for the request.

All requests must state: a. The existing date of the deadline as to which the adjournment is sought; b. the reason for the request;

Criminal cases

Page 1 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 1(a)-(b)

Adjournment or extension requests must address adversary consent, proposed new date coordination, Speedy Trial Act time exclusion basis if applicable, and effects on other dates with a proposed revised scheduling order when needed.

d. whether the adversary consents and, if not, the reason for declining; and e. whether the parties have agreed on a new date—both among themselves and with the Case Manager/Courtroom Deputy; f. whether the parties have agreed to exclude time under the Speedy Trial Act, if applicable, and on what legal basis; and g. whether the adjournment or extension of time may affect any other scheduled dates. If so, the requesting party must provide a proposed Revised Scheduling Order.

Criminal cases

Page 2 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 1(d)-(g)

Requests to exceed memorandum page limits must be made in writing at least 5 days before the due date, or 2 days for reply briefs.

Requests to file memoranda exceeding the page limits set forth herein must be made in writing at least five days prior to the due date, except with respect to reply briefs, in which case the written request must be made in writing at least two days prior to the due date.

Criminal cases

Page 4 | III. CRIMINAL MOTIONS — A. Memoranda of Law

Adverse party consent is not sufficient ground for extension or adjournment.

Please note that the consent of the adverse party is not a sufficient ground for an extension or adjournment.

Page 2 | II.C.2

Deadlines generally not adjourned if parties reached settlement in principle but haven't filed stipulation to dismiss.

Deadlines will generally not be adjourned if the parties have reached a settlement in principle but not yet filed a stipulation to dismiss.

Page 2 | II.C.3

Adversary consent alone is insufficient to justify an adjournment, extension, or Speedy Trial time exclusion.

Please note that the consent of the adverse party is not a sufficient ground for an extension or adjournment, nor, in itself, for the exclusion of Speedy-Trial time.

Criminal cases

Page 2 | I. COMMUNICATIONS > C. Requests to Reschedule Court Dates or Extend Filing Deadlines > 2

Chambers Communication Rules

Do not send emails except for specific exceptions or in response to scheduling emails from Chambers.

Do not send emails, except pursuant to a specific exception specified in these rules (e.g., Part II, Section C), or in response to a purely scheduling-related email from Chambers.

Page 1 | I.B.2

All communications with chambers must be filed on ECF; do not send copies of letters.

All communications with chambers shall be in writing and filed on ECF. Copies of letters should not be sent to chambers.

Page 1 | I.A.1

All documents must be filed on ECF, except pro se parties are exempt.

All documents must be filed on ECF, with the sole exception that pro se parties are exempt from mandatory ECF filing.

Page 2 | II.A.1

All requests for relief must be designated as “motion” on ECF.

All requests for relief from the Court, including requests for an adjournment or extension of time, shall be designated as a “motion” on ECF.

Page 2 | II.A.3

All communications with chambers shall be in writing and filed on ECF. Copies of letters should not be sent to chambers.

All communications with chambers shall be in writing and filed on ECF. Copies of letters should not be sent to chambers.

Criminal cases

Page 1 | I. COMMUNICATIONS > A. Written Correspondence > 1

Email to chambers is prohibited except for explicit rule-based exceptions or replies to chambers scheduling emails.

Do not send emails, except pursuant to a specific exception specified in these rules (e.g., Part II, Section C), or in response to a purely scheduling-related email from Chambers.

Criminal cases

Page 1 | I. COMMUNICATIONS > B. Telephone and Email > 2

Emergency submissions requiring immediate attention should be communicated to chambers by phone.

If an emergency submission requires immediate attention, please call chambers.

Criminal cases

Page 3 | II. ELECTRONIC CASE FILING (ECF)

Call Mr. Jackson for docketing and scheduling matters.

For docketing and scheduling matters, call Mr. Jackson at the number above.

Page 1 | I.B.1

Court mails orders only to pro se litigants at their on-file address.

The Court will mail orders only to pro se litigants, at the address they maintain on file with the Court.

Page 2 | II.A.2

For emergency submissions requiring immediate attention, call chambers.

If an emergency submission requires immediate attention, please call chambers.

Page 2 | II.A.6

Docketing and scheduling matters should be handled by phone through the Case Manager.

For docketing and scheduling matters, call Andrew Jackson at the number above.

Criminal cases

Page 1 | I. COMMUNICATIONS > B. Telephone and Email > 1

Junior Lawyer Participation Incentives

Junior lawyers (5 years or less experience) may increase likelihood of pre-motion conference.

In many cases, it will be apparent from the letter motion that a conference will not be needed, and a motion schedule will be set without a pre-motion conference. In other cases, the usefulness of a pre-motion conference will be clear based on the request. However, if a party advises the Court in its pre-motion conference request that an attorney with five years’ or less experience as a licensed attorney will be representing the party at the conference, the Court may schedule a pre-motion conference anyway.

Page 5 | CIVIL MOTIONS

Junior lawyers (5 years or less experience) may increase likelihood of oral argument.

The likelihood of oral argument will increase if the Court is advised by letter that the attorney who will argue the motion or opposition has five years’ or less experience as a licensed attorney.

About United States District Judge Eric R. Komitee

District Judge Eric R. Komitee was appointed to the Eastern District of New York by President Donald J. Trump in 2019.

Born in 1970 in Freeport, New York, Judge Komitee served as General Counsel of Viking Global Investors LP, managing legal, compliance, and regulatory operations, prior to his judicial appointment. Before that he served as an Assistant U.S. Attorney in the Eastern District of New York from 2000 to 2008, including as Chief of the Business and Securities Fraud Section. His earlier career included associate positions at Skadden, Arps (1998–2000), focusing on regulatory and white-collar matters, and Cravath, Swaine and Moore (1996–1998), specializing in securities and M&A transactions. He clerked for the Hon. J.L. Edmondson of the U.S. Court of Appeals for the Eleventh Circuit.

Education

  • New York University School of Law, J.D. (senior editor, NYU Law Review)
  • Emory University, undergraduate degree

Career

  • U.S. District Judge, Eastern District of New York, 2019–present
  • General Counsel, Viking Global Investors LP
  • Chief, Business and Securities Fraud Section, AUSA, EDNY, 2000–2008
  • Associate, Skadden, Arps, 1998–2000
  • Associate, Cravath, Swaine and Moore, 1996–1998
  • Law clerk, Hon. J.L. Edmondson, U.S. Court of Appeals, Eleventh Circuit

Courthouse: 225 Cadman Plaza East, Brooklyn, NY 11201 / 100 Federal Plaza, Central Islip, NY 11722 Phone: (718) 613-2160

Chambers Staff

  • Contact details available in Judge's Individual Practices and Rules
Common questions about Judge Eric R. Komitee's rules

Are courtesy copies required for Judge Eric R. Komitee?

Details: 1 copy. One courtesy copy required for submissions of 100+ pages.

What page or word limits apply to pre motion letter response before Judge Eric R. Komitee?

Judge Eric R. Komitee's rule states these limits: attorney: 3 pages. Response to pre-motion letter limited to 3 pages, due within 5 business days.

View ruleSource: page 5, section CIVIL MOTIONS

What page or word limits apply to brief before Judge Eric R. Komitee?

Judge Eric R. Komitee's rule states these limits: 15 pages. Excludes table of contents, table of authorities, and attachments. Non-dispositive motions: 15 pages for briefs, 5 pages for replies.

View ruleSource: page 6, section CIVIL MOTIONS

What formatting rules apply to filings before Judge Eric R. Komitee?

Judge Eric R. Komitee's formatting rule includes times new roman font, 12 point type, double spacing and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. Memoranda must be double-spaced, 1-inch margins, Times New Roman 12pt, footnotes 10pt minimum.

View ruleSource: page 6, section CIVIL MOTIONS

What must be included with habeas corpus filings before Judge Eric R. Komitee?

The rule requires clear document labels, individual ecf filings, and state court record filing deadline. Respondent must file state court record within 60 days of petition, with individual ECF filings and clear labels.

View ruleSource: page 12, section Habeas Corpus

What must be included with proposed charges filings before Judge Eric R. Komitee?

The rule requires chambers submission and word processing files. Word-processing files of proposed charges should be submitted to chambers pursuant to Part II, Section C of these Rules.

How may parties contact Judge Eric R. Komitee's chambers?

All communications with chambers must be filed on ECF; do not send copies of letters.

View ruleSource: page 1, section I.A.1

How does Judge Eric R. Komitee handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Eric R. Komitee. A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

How do I request an adjournment or extension before Judge Eric R. Komitee?

Requests should be made at least 3 business days in advance when this rule applies before Judge Eric R. Komitee. Adjournment/extension requests must be filed on ECF at least 3 business days before deadline, except for pro se litigants.

View ruleSource: page 2, section II.C.1

Does Judge Eric R. Komitee require motion papers to be bundled?

Parties must provide tabbed binders with exhibits, exhibit list, and witness list on first day of trial.

View ruleSource: page 11, section EXHIBITS AND WITNESS LISTS

Does Judge Eric R. Komitee encourage junior lawyer participation?

Yes. Judge Eric R. Komitee's rules include a junior lawyer participation incentive. Junior lawyers (5 years or less experience) may increase likelihood of oral argument.

Complete rules summary for Judge Eric R. Komitee

Junior lawyers (5 years or less experience) may increase likelihood of oral argument.

Respondent must file state court record within 60 days of petition, with individual ECF filings and clear labels.

All communications with chambers must be filed on ECF; do not send copies of letters.

Word-processing files of proposed charges should be submitted to chambers pursuant to Part II, Section C of these Rules.

All requests for relief must be designated as “motion” on ECF.

Court mails orders only to pro se litigants at their on-file address.

Adjournment/extension requests must be filed on ECF at least 3 business days before deadline, except for pro se litigants.

All written submissions and supporting materials must be text-searchable to maximum extent possible.

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

For emergency submissions requiring immediate attention, call chambers.

Proposed orders must be emailed to chambers in Word format and filed on ECF in PDF.

Parties should not submit courtesy copies of: a. Pleadings, as defined by Fed. R. Civ. P. 7(a); and b. motions, letters, or other filings directed to the magistrate judge assigned to a matter.

Pro se plaintiffs exempt from motion to amend complaint requirements.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

Response to pre-motion letter limited to 3 pages, due within 5 business days.

Memoranda must be double-spaced, 1-inch margins, Times New Roman 12pt, footnotes 10pt minimum.

Non-jury cases must file proposed findings of fact and conclusions of law with Joint Pre-Trial Order.

Only exhibits listed in Joint Pre-Trial Order will be admitted, except for good cause.

Parties must meet and confer to resolve objections before filing Joint Pre-Trial Order.

Memoranda must include table of contents and table of authorities.

Parties must list and describe objections to other parties' exhibits in Joint Pre-Trial Order.

Parties must submit joint document with agreed requests to charge and each party's proposed edits.

Proposed instructions must cite sources and footnote non-pattern language.

Responses to motions in limine are due 10 days after filing.

Parties must provide witness list by 7:00 p.m. the evening before each trial day, including roles and relevance of unresolved motions in limine.

Counsel should request opinion testimony under Rule 702 rather than designating witnesses as "experts" in front of jury.

If counsel anticipates that a witness will refer to documentary evidence not previously exchanged, counsel should have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.

Court or magistrate judge will conduct all voir dire unless otherwise notified.

Parties must provide tabbed binders with exhibits, exhibit list, and witness list on first day of trial.

Court will not adjourn deadlines upon settlement in principle; only upon effective stipulation of dismissal or accepted Rule 68 offer.

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