Court Rules
magistrate Judge
Verified Current1 month ago

Judge James M. Wicks

Individual Rules, Standing Orders & Policies

Eastern District of New York

Limits & Logistics

Document Limits

Letter Motion
1,500 wds
Letter Motion Response
1,500 wds
Memoranda Of Law
6,500 wds
Pre Motion Letter
1,000 wds
Settlement Statement
5,000 wds

Courtesy Copies

Filings (>20 pages)

Required

Filings (Motion)

Required

Filings (Exhibits)

Required

Filings

Required

Filings (Motion, Stipulation Of Facts)

Required

Filings (Administrative Record)

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
  • 6
    Affects Other Dates
  • 7
    Proposed New Dates

Must Include

  • 1
    Proposed New Dates

Communication

Phone

Clerk

SchedulingEmergencies
Advance Notice Required
Phone

Intake Unit

(631) 712-6060
Letter Ecf

Clerk

Letter Fax

Chambers

Advance Notice Required
Email

Chambers

Phone

Clerk

(631) 712-6031; (718) 260-2312
Technical Issues
Email

Chambers

Wicks_Chambers@nyed.uscourts.gov
Filters:AllMandatoryImportantFormattingCommunicationLettersTRO/InjunctionElectronicsECF FilingExhibitsSettlement

Detailed Drafting Rules

Communication ProtocolNote

Docketing and scheduling questions should be directed to the Courtroom Deputy.

All questions regarding docketing, scheduling, or criminal matters should be directed to the Courtroom Deputy.

Phone

Direct to: Clerk

Approved Topics
Scheduling
Page 3
|SecCommunications with Chambers - Telephone Calls
Communication ProtocolImportant

Phone calls to Chambers are allowed only when counsel for all parties is on the line.

Telephone calls to Chambers are permitted so long as counsel for all parties are on the line, subject to the rules set forth below in Rule 1.D.

Phone

Direct to: Chambers

Page 3
|SecCommunications with Chambers - Telephone Calls
Communication ProtocolMandatory

Pro se parties must contact the pro se office rather than Chambers by phone.

Parties appearing pro se should not call Chambers but rather should call the pro se office ((631) 712-6060) with any inquiries.

Phone

Direct to: Intake Unit

Page 3
|SecCommunications with Chambers - Telephone Calls
Communication ProtocolMandatory

Letters to the Court must be filed via ECF unless otherwise directed, and ex parte submissions are barred except confidential settlement materials.

All letters sent to the Court are to be filed via ECF (see Rule 2 below) unless otherwise directed by the Court. There shall be no ex parte submissions to the Court, except for the confidential settlement materials outlined in Rule 5.B, infra.

Letter via ECF

Direct to: Clerk

Page 3
|SecCommunications with Chambers - Letters
Communication ProtocolMandatory

Fax communications to Chambers require prior authorization.

Faxes to Chambers are not permitted without prior authorization.

Letter Fax

Direct to: Chambers

Requirements
  • Advance Notice Required
    prior authorization
Page 3
|SecCommunications with Chambers - Faxes
Communication ProtocolImportant

Emergency adjournment or extension applications may be made by phone to Chambers.

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

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 3
|SecCommunications with Chambers - Requests for Adjournments or Extensions of Time
Communication ProtocolNote

Requests for disability or religious accommodations may be sent to Chambers by email.

Requests for reasonable accommodations on account of disability or religion with respect to the Court’s rules or in connection with any proceeding before Judge Wicks may be emailed to chambers.

Email

Direct to: Chambers

Page 3
|SecCommunications with Chambers
Communication ProtocolMandatory

In civil cases, documents directed to Magistrate Judge Wicks must be filed electronically except as specifically exempted.

Regardless of the District Judge assigned, all documents directed to Magistrate Judge Wicks in civil actions MUST be filed electronically, with a limited exception as stated in Rule C below.

Letter via ECF

Direct to: Clerk

Page 4
|SecElectronic Case Filing (ECF)
Communication ProtocolNote

ECF filing and training questions should be directed by phone to the listed clerk contacts.

Questions regarding ECF filing or training should be directed to Grisel Ortiz in Central Islip at (631) 712-6031, or Evelyn Levine in Brooklyn at (718) 260-2312.

Phone

Direct to: Clerk

Approved Topics
Technical Issues
Page 4
|SecElectronic Case Filing (ECF)
Courtesy CopyMandatory

A courtesy copy is required when a letter motion with exhibits or attachments exceeds 20 pages.

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;

Courtesy Copies Required

When: Page Threshold > 20
Logistics
Quantity1 Copy
TimingUpon Filing
MethodMail/Hand
Page 4
|SecElectronic Case Filing (ECF)
Page or Word LimitMandatory

Letter motions are capped at 1,500 words, double-spaced, including footnotes, excluding attachments.

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

Page 5
|SecMotions - A. Discovery and Other Non-Dispositive Motions
Page or Word LimitMandatory

Responses to letter motions are limited to 1,500 words and must be filed within four days of receipt.

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 5
|SecMotions - A. Discovery and Other Non-Dispositive Motions
Pre-Motion ProcedureMandatory

Letter-motion practice requires an opposition within four days and does not permit replies.

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. Replies are not permitted on letter motions.

Pre-Motion Conference

Check specific requirements before filing.

Briefing Schedule

Opp: 4d • Reply: 0d

Page 5
|SecMotions - A. Discovery and Other Non-Dispositive Motions
Page or Word LimitMandatory

Support/opposition memoranda are limited to 6,500 words and reply memoranda to 2,500 words, excluding tables of contents and authorities.

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. The word count limitations are exclusive of tables of contents and authorities.

Page 6
|SecMotions - C. General Motion Practices for Motions Made on Notice (Not Letter Motions) - Memoranda of Law
Format RequirementMandatory

Memoranda of law must use one-inch margins, double spacing, and 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"
Page 6
|SecMotions - C. General Motion Practices for Motions Made on Notice (Not Letter Motions) - Memoranda of Law
Page or Word LimitMandatory

Before filing a dispositive motion before Judge Wicks, parties must submit a double-spaced pre-motion letter capped at 1,000 words (including footnotes) with specified content.

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.

Page 7
|SecSubmission of Dispositive Motions in Cases Where the Parties Have Consented to Have Magistrate Judge Wicks for All Purposes - Pre-motion Conference
Communication ProtocolMandatory

For deposition disputes requiring court intervention, parties must immediately call the Court and may not stop the deposition before attempting contact.

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

Phone

Direct to: Chambers

Requirements
  • Advance Notice Required
    immediately
Page 9
|SecDepositions
Communication ProtocolMandatory

Chambers email must be used to transmit the stipulation of facts in represented-plaintiff cases.

In all cases in which the plaintiff is represented by counsel, the parties are to electronically transmit a Microsoft Word Document version of the stipulation of facts to Chambers via the Chambers email.

Email

Direct to: Chambers

Page 13
|SecCourtesy Copies
Page or Word LimitMandatory

Confidential ex parte settlement statements must be filed at least seven days before the conference and are limited to 5,000 double-spaced words including footnotes.

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 9
|SecSettlement Conferences - Confidential Submissions
Communication ProtocolMandatory

Settlement statements and supporting documents must be emailed to Chambers at the listed address and must not be served on adversaries 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

Page 10
|SecSettlement Conferences - Confidential Submissions
Communication ProtocolMandatory

Parties must email Word versions of specified jury-trial submissions to Chambers at the listed email address.

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

Page 11
|SecFilings Prior to Trial
Format RequirementMandatory

When plaintiff is represented by counsel, parties must send a Microsoft Word version of the stipulation of facts to Chambers by email.

In all cases in which the plaintiff is represented by counsel, the parties are to electronically transmit a Microsoft Word Document version of the stipulation of facts to Chambers via the Chambers email.

Applies When:Role Based Undefined
Required Format

DOCX

Page 13
|SecCourtesy Copies

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