Court Rules
magistrate Judge
Verified Current12 days ago

Judge James M. Wicks

Eastern District of New York

Limits & Logistics

Document Limits

Letter Motion
1,500 wds
Letter Motion Response
1,500 wds
Memorandum Of Law
6,500 wds
Reply Memorandum
2,500 wds
Ex Parte Settlement Statement
5,000 wds

Courtesy Copies

Filings (>20 pages)

Required

Filings (All filings)

Required

Filings

Required

Filings (Exhibits)

Required • Binding: Tabbed Three Ring

Filings (Motion, Stipulation Of Facts, Administrative Record)

Required • Binding: Stapled

Filings (Attorney filings)

Required

Adjournments

Notice Required
2Business Days

Must Include

  • 1
    Original Date
  • 2
    Number Of Previous Requests
  • 3
    Previous Requests Granted Or Denied
  • 4
    Reason For Request
  • 5
    Adversary Position

Communication

Phone

Chambers

Emergencies
Advance Notice Required
Letter Fax

Chambers

Advance Notice Required
Email

Chambers

SchedulingTechnical Issues
Advance Notice Required
Email

Chambers

Wicks_Chambers@nyed.uscourts.gov
Technical Issues
No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationLettersMemorandaExhibitsEvidence/WitnessesElectronicsConferences

Detailed Drafting Rules

Communication ProtocolImportant

Emergency adjournment/extension requests may be made by telephone to chambers.

True emergency applications for an adjournment or extension may be made by telephoning chambers.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Communication ProtocolMandatory

Faxes to chambers are not permitted without prior authorization.

Faxes to Chambers are not permitted without prior authorization.

Letter Fax

Direct to: Chambers

Requirements
  • Advance Notice Required
    prior_authorization
Courtesy CopyMandatory

Courtesy copies generally not required except for motions over 20 pages, referred motions, or court-ordered.

Hard copies or courtesy copies generally do not need to be sent to Chambers, with the following exceptions: (1) where a letter motion with exhibits or attachments exceeds 20 pages; (2) motions referred from District Court Judges or motions on notice made to Magistrate Judge Wicks; or (3) otherwise ordered by the court.

Courtesy Copies Required

When: Page Threshold > 20
Logistics
Quantity1 Copy
TimingUpon Filing
MethodHand Delivery
Page or Word LimitMandatory

Letter motions limited to 1,500 words (excluding attachments).

Letter motions shall not exceed 1,500 words double spaced, including footnotes, in length, exclusive of attachments.

Page or Word LimitMandatory

Responses to letter motions limited to 1,500 words, due within 4 days.

A response not exceeding 1,500 words double spaced including footnotes, in length, exclusive of attachments, must be served and filed within four (4) days of receipt of the letter motion.

Page or Word LimitMandatory

Memoranda of law limited to 6,500 words; reply memoranda to 2,500 words.

Unless prior permission has been granted, memoranda of law in support of and in opposition to motions on notice are limited to 6,500 words double spaced including footnotes, and reply memoranda are limited to 2,500 words double spaced including footnotes.

Page or Word LimitMandatory

Reply memoranda limited to 2,500 words.

reply memoranda are limited to 2,500 words double spaced including footnotes.

Format RequirementMandatory

Memoranda must use 1-inch margins, double spacing, 12-point font.

All memoranda of law must use one-inch margins, double spacing, and 12-point font.

Applies When:Document Type Set Undefined
Typography
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Communication ProtocolNote

Parties must confer and schedule oral argument within one week of fully briefed motions.

Within one week of filing fully briefed motions, the parties are to confer with each other and contact the Court to set a mutually acceptable date for

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    one_week_after_filing_fully_briefed_motions
Pre-Motion ProcedureMandatory

Pre-motion letter (max 1,000 words) required before dispositive motions.

Prior to filing a motion dispositive motion returnable before Judge Wicks, the parties are required to submit a letter of no more than 1,000 words double spaced, including footnotes, in length (1) requesting a pre-motion conference, (2) briefly outlining the motion, and (2) stating the relief sought by the motion.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Communication ProtocolMandatory

Deposition disputes must first be resolved by parties, then contact court by phone if needed

If contested issues arise during the course of a deposition, the parties must first make a good faith attempt to resolve the dispute among themselves. If a resolution cannot be achieved, thus necessitating court intervention, then pursuant to Local Rule 37.3(b), the parties are directed to contact the Court immediately by telephone.

Phone

Direct to: Chambers

Approved Topics
EmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    immediately
Page 9
|SecDepositions
Communication ProtocolNote

For virtual depositions, court may request link to join

If the deposition is being conducted virtually, the Court may request the parties to forward a link to join.

Email

Direct to: Chambers

Approved Topics
Status InquiriesTechnical Issues
Page 9
|SecDepositions
Communication ProtocolMandatory

Parties cannot discontinue deposition without attempting court contact

Under no circumstances may the parties discontinue the deposition without first attempting to contact the Court.

Phone

Direct to: Chambers

Approved Topics
EmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    before_discontinuing
Page 9
|SecDepositions
Page or Word LimitMandatory

Ex parte settlement statements (max 5,000 words double-spaced) due 7 days before conference

At least seven (7) days prior to the scheduled settlement conference, the parties shall submit confidential ex parte settlement statements no longer than 5,000 words double spaced, including footnotes.

Page 10
|SecSettlement Conferences
Communication ProtocolMandatory

Settlement statements emailed to specific address, not shared with adversary or filed on ECF

All settlement statements and supporting documents shall be emailed to the Court at Wicks_Chambers@nyed.uscourts.gov and NOT shared with the adversary and NOT filed on ECF.

Email

Direct to: Chambers

Approved Topics
Status InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 10
|SecSettlement Conferences
Communication ProtocolMandatory

Email Word versions of voir dire, joint statement, jury charges, and verdict sheets to Chambers.

In addition to filing the documents via ECF, the parties shall email Microsoft Word versions of the voir dire questions, joint introductory statement of the case, proposed jury charge, and proposed verdict sheet (items (1)-(4) listed above) to Chambers at: Wicks_Chambers@nyed.uscourts.gov.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Format RequirementMandatory

In limine motions must follow letter motion format per Rule 3A.

The form of papers in support of and opposing in limine motions shall be made by letter motion in accordance with Rule 3A above.

Applies When:Motion Type Set Undefined
Required Format

Letter