Judge Joanna Seybert
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 10 pages
- 1 copy
Motion, Exhibits
Pretrial Memorandum
- Unspecified In Text
Adjournments
- Adjournment and extension requests must be made as soon as possible and at least two business days in advance unless there is an emergency.
- Adjournment and extension requests must be made as soon as the need is known and at least two business days in advance unless there is an emergency.
- Adjournment and extension requests must include prior dates, prior request history, reasons, adversary position, and effects on other deadlines with proposed new dates.
- Any adjournment or extension of briefing deadlines requires court permission.
- Extension requests must be filed as a motion and include specified details such as prior requests, reasons, proposed dates, consent position, and impacts on other deadlines.
- +4 more
Request must include
Communication
Chambers
Chambers
Phone
Clerk
Phone
Chambers
Page & Word Limits5 rules
Letters shall include the case name and number, and shall not exceed four (4) pages.
Letter
4 pages
The opposing party shall submit a letter response, of not more than four (4) pages, setting forth its position in opposition.
Pre Motion Conference Response Letter
4 pages
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five (25) pages, and reply memoranda are limited to ten (10) pages.
Memorandum Of Law Support Or Opposition
25 pages
Such memoranda shall not exceed twenty-five (25) pages.
Pretrial Memorandum
25 pages
The memoranda shall include a detailed statement of all claims and defenses, together with a summary of the facts, and shall not exceed twenty-five (25) pages.
Pretrial Memorandum
25 pages
Document Format Requirements6 rules
All documents filed to ECF must be text searchable.
Any party filing exhibits to ECF must: (1) file each exhibit as a separate PDF file; and (2) clearly identify and describe each exhibit.
Motion papers must follow specified margin, font, spacing, line-count, and footnote formatting requirements.
Motion papers shall have: one-inch margins; 12-point Times New Roman or larger font; and, be double spaced (with no more than 23 lines per page). To the extent necessary, footnotes shall be printed in 10-point Times New Roman or larger font and be single spaced.
The parties must provide the Court with electronic copies of the documents in Word format (not PDF) via Chambers e-mail: Seybert_Chambers@nyed.uscourts.gov.
DOCX
Depositions submitted in support of or in opposition to a summary judgment motion must be submitted in full (condensed) format.
Exhibit copies for the Court must be tabbed sequentially in loose-leaf binders or, if voluminous, organized in labeled manila folders in a suitable container.
The parties shall also provide the Court with two (2) copies of pre-marked exhibits that are to be assembled and tabbed sequentially in loose-leaf binders, or, if voluminous, in separate manila folders labeled with the exhibit numbers or letters and placed in a suitable container for ready reference.
Document Filing Requirements32 rules
Any document seeking relief of any kind from the Court must be filed as a “Motion” (and not as a “Letter”).
DocumentMotion
Each numbered paragraph in the Rule 56.1 Statement must contain only one factual assertion. Each factual assertion must be followed by a supporting citation to the record.
DocumentRule 56 1 Statement
All evidence cited in Rule 56.1 Statements, Counterstatement, and Responses must be attached as exhibits to a declaration, which are to be filed with said Statements, Counterstatements, and Responses.
DocumentRule 56 1 Statement Counterstatement Response
Motions for default judgment and to compel arbitration awards must be supported by evidence establishing liability and substantiating the damages or award sought.
DocumentMotion For Default Judgment Or To Compel Arbitration Award
the movant must file a responsive Rule 56.1 Statement addressing those additional factual statements, which responses must also be made within fourteen (14) days of their service and be supported by citation to admissible evidence.
DocumentRule 56 1 Responsive Statement
All counsel appearing at conferences must: 1. Have filed a notice of appearance;
DocumentNotice Of Appearance
Each party must include a witness list with narrative testimony summaries and specify testimony mode and impeachment/rebuttal use.
A statement by each party as to the witnesses whose testimony is to be offered in its case in chief with a brief narrative statement of the expected testimony of each witness. This list must indicate whether such witnesses will testify in person or by deposition and whether such witnesses will be called for impeachment or rebuttal purposes.
DocumentJoint Pretrial Order
A joint pretrial order is required within 60 days after discovery closes or 60 days after a dispositive-motion decision, unless the Court orders otherwise.
Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within sixty (60) days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order setting forth the information required by Rule 26(a)(3) of the Federal Rules of Civil Procedure and the following:
DocumentJoint Pretrial Order
The full caption of the action.
DocumentJoint Pretrial Order
All motions addressing any evidentiary or other issues that should be resolved in limine are to be fully briefed and filed at least fourteen (14) days prior to jury selection.
DocumentMotions In Limine
Five days before jury selection, parties must jointly file proposed voir dire questions and requests to charge.
The parties must jointly file: i. Proposed voir dire questions to ask prospective jurors; ii. Requests to charge (that should be limited to the elements of the claims, the damages sought, and the defenses raised);
DocumentJoint Pre Jury Selection Filings
A party may not call as a witness an individual who is not listed in its portion of the witness list, except when prompt notice has been given and good cause has been shown.
DocumentJoint Pretrial Order
The opposing party must indicate to which exhibits it objects and the nature of the objection (e.g., “authenticity”, “hearsay”, and “Rule 403”). Any objection not listed shall be deemed waived.
DocumentJoint Pretrial Order
Proposed findings of fact and conclusions of law must include citations to the trial record and supporting legal authority.
Within twenty-one (21) days after the conclusion of trial, the parties shall file proposed findings of fact and conclusions of law, with citations to the trial record, together with supporting legal authority.
DocumentProposed Findings Conclusions
The parties shall file their memoranda: identifying the issues; summarizing the relevant facts and applicable law; and, addressing any evidentiary issues that counsel believes will arise at trial.
DocumentPretrial Memorandum
Parties must provide two pre-marked exhibit copies to the Court and include any deposition testimony to be used at trial.
The parties shall also provide the Court with two (2) copies of pre-marked exhibits that are to be assembled and tabbed sequentially in loose-leaf binders, or, if voluminous, in separate manila folders labeled with the exhibit numbers or letters and placed in a suitable container for ready reference. Counsel shall also include copies of any deposition testimony to be utilized at trial.
DocumentExhibits
International travel requests must be made as soon as the need is known and at least 45 business days before travel, unless there is an emergency.
All requests to travel outside of the United States shall be made as soon as the defendant is aware of the need and, in any event, at least forty-five (45) business days prior to the scheduled travel date, absent an emergency. See Rule I(D)(1) if an emergency has risen resulting in the late request.
DocumentMotion To Travel
International travel must be requested by a Motion to Travel and include specified passport, itinerary, purpose, prior-request, and consent information.
Requests to travel outside of the United States shall be filed as a “Motion to Travel”. The requested travel is not permitted unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All international travel requests must include: i. A request to have the defendant’s Passport returned for the sole purpose of the intended travel (the defendant must acknowledge the requirement to immediately surrender the Passport upon return to the District); ii. The dates the defendant intends to leave and return to the District; iii. The location to which the defendant intends to travel; iv. The reason or purpose for the requested travel; v. The number of previous requests to travel and if the previous travel requests were for the same or similar purpose (i.e., work or family related travel); vi. Whether previous requests were granted or denied; and vii. Whether the Government and the Pretrial Services Department or the U.S. Probation Department (whichever applicable) consents to the requested travel, and if not, the reasons given for refusing consent.
DocumentMotion To Travel
The parties are to fully complete the Court’s “Standard Plea Form” and submit it BEFORE the proceeding begins. Submission of this form can be made on the day of the proceeding.
DocumentStandard Plea Form
Parties must submit a final proposed plea or cooperation agreement at least 2 business days before the plea proceeding.
The parties are to submit to the Court a copy of the proposed Plea or Cooperation Agreement at least two (2) business days prior to the scheduled proceeding. The agreement does not have to be fully executed/signed at this time, but it must be a final version.
DocumentProposed Plea Or Cooperation Agreement
Sentencing memoranda shall be filed as a “Sentencing Memorandum” and not as a “Letter”.
DocumentSentencing Memorandum
If a party chooses to proceed without filing a sentencing memorandum, a letter to the Court advising as such must be filed on said due date, in lieu of the memorandum.
DocumentLetter
If the Government is requesting a downward departure pursuant to Section 5K1.1 of the U.S. Sentencing Guidelines, it shall be filed as a “Motion for Downward Departure”.
DocumentMotion For Downward Departure
Supplemental sentencing submissions require prior written court approval and must be requested through a Motion for Leave to File Document.
Once sentencing memoranda are filed, further sentencing submissions will not be accepted without prior, written, approval from the Court. Requests to file a supplemental sentencing memorandum shall be filed as a “Motion for Leave to File Document”. The supplemental memorandum is not permitted unless the Court informs the parties – typically by order or notice on ECF – that the motion has been granted.
DocumentSupplemental Sentencing Memorandum
Letters shall include the case name and number, and shall not exceed four (4) pages.
DocumentLetter
If applicable, the opposing party shall state whether it seeks to file a cross-motion.
DocumentPre Motion Conference Response Letter
Any party filing exhibits to ECF must: (1) file each exhibit as a separate PDF file; and (2) clearly identify and describe each exhibit. (For example, “Exhibit A – Jane Smith Dep.”)
DocumentExhibits
Motion paper captions must list all active plaintiffs and defendants.
DocumentMotion Paper
all memoranda of ten (10) or more pages shall also contain a table of contents.
DocumentMemorandum Of Law 10 Or More Pages
All memoranda must contain an index of cases;
DocumentMemorandum Of Law
All requests to file rebuttals, sur-replies, etc., and to exceed page limits must be made by letter motion; such requests are granted sparingly.
DocumentLetter Motion
PARTIES ARE ON NOTICE: The Court may depart from these default deadlines and will notify counsel at a pretrial conference or via ECF notification of any such changes or modifications.
DocumentCivil Jury Trial Pretrial Deadlines
Filing & Service rules
Courtesy Copy Requirements
ECF-filed documents longer than 10 pages require one courtesy copy to Chambers.
For all documents filed on ECF that are more than ten (10) pages, one courtesy copy of such document shall be sent to Chambers.
Page 7 | COURTESY COPIES
Courtesy copies must be physically delivered, must be securely bound with tabbed exhibits, and may not be emailed as attachments.
Courtesy copies are to be hand delivered or sent via mail or delivery service to Chambers. Said copies are to be submitted: (1) as left-side, spiral-bound, stapled, or bindered (and not velo-bound); and (2) with exhibits organized and sequentially separated by tabs. Emailing courtesy copies as attachments is not an accepted method of delivery.
Page 8 | COURTESY COPIES
Each party must provide courtesy copies of filed motion papers, including exhibits, using the filed ECF-header version.
each party shall provide the Court with courtesy copies of its filed motion papers. This encompasses all related materials, including exhibits. Courtesy copies are to be the filed version of the documents printed from ECF with the automatically generated ECF header.
Page 8 | COURTESY COPIES
A courtesy copy is required for pretrial memoranda and must be delivered to Chambers.
A courtesy copy shall be delivered to Chambers. See Rule IV.
Page 10 | VI.B.1.c. Pretrial Memoranda (a.k.a. Trial Briefs)
Filing Bundling Requirements
Motion papers must be bundled and filed only after full briefing, except where delay could forfeit a legal right.
No motion papers are to be filed until the motion has been fully briefed, unless doing so could result in a loss of a legal right.
Page 6 | Page Limitations, Formatting, and Bundling
Motions in limine must be fully briefed and filed at least 14 days before trial.
Motions in Limine: All motions addressing any evidentiary or other issues that should be resolved in limine are to be fully briefed and filed at least fourteen (14) days prior to trial.
Page 12 | Default Deadlines and Filings in Civil Non-Jury/Bench Trials - Fourteen Days Prior to Trials
Pre-Motion Conference Requirements
In civil cases, Rule 12 dismissal and Rule 56 summary-judgment motions require a pre-motion conference, and the Court may set briefing at that conference.
Pre-Motion Conference Requests in Civil Cases are required for dismissal motions pursuant Rule 12 of the Federal Rules of Civil Procedure and summary judgment motions pursuant to Rule 56 of the Federal Rules of Civil Procedure. If warranted, the Court will set a briefing schedule for proposed motion(s) at the pre-motion conference.
Page 3 | MOTIONS
A pre-motion conference request must be made by a letter motion capped at four pages and must briefly state the basis for the anticipated motion.
To request a pre-motion conference, the moving party shall file a letter motion of no more than four (4) pages, briefly stating the basis for the anticipated underlying motion.
Page 3 | MOTIONS
For proposed summary-judgment motions, the pre-motion response is due within twenty-one days and Local Civil Rule 56.1 compliance is required.
Responses to pre-motion conference requests regarding motions for summary judgment are to be filed no later than twenty-one (21) days after receipt of the movant’s pre-motion conference request. Adherence to Local Civil Rule 56.1 is required.
Page 4 | MOTIONS
Filing a pre-motion request does not stay deadlines, except that a request tied to a proposed motion to dismiss stays the defendant’s time to answer or otherwise move.
The filing of a pre-motion conference request does not stay any future deadlines, except that such a motion concerning a proposed motion to dismiss will stay the defendant’s time to answer or otherwise move with respect to the Complaint.
Page 4 | MOTIONS
A party seeking summary-judgment leave must file a Local Rule 56.1 statement together with the pre-motion conference request.
Along with the required pre-motion conference request, any party seeking leave to file a motion for summary judgment must also file a Local Rule 56.1 Statement.
Page 4 | MOTIONS
Pre-motion conference requests must be filed before the dispositive-motion deadline set by the assigned Magistrate Judge.
The parties shall adhere to the deadlines set by the assigned Magistrate Judge and shall file pre-motion conference requests prior to the set deadline for filing dispositive motions.
Page 4 | MOTIONS
The opposing party must serve a Rule 56.1(b) counterstatement within twenty-one days after receiving the movant’s Rule 56.1 statement.
Within twenty-one (21) days after receipt of the movant’s Rule 56.1 Statement, the party opposing the pre- motion conference request must serve the movant with a counterstatement pursuant to Local Rule 56.1(b).
Page 4 | MOTIONS
For proposed motions to dismiss, the pre-motion response is due within seven days after receipt of the movant’s request.
Responses to pre-motion conference requests regarding proposed motions to dismiss are to be filed no later than seven (7) days after receipt of the movant’s pre-motion conference request.
Page 4 | MOTIONS
The Court may treat pre-motion letters as the motion and opposition, hold a hearing, and deem unraised arguments waived.
PARTIES ARE ON NOTICE: In the Court’s discretion, in appropriate cases, the pre-motion conference request and response thereto may be construed as the proposed underlying motion and corresponding opposition. In such an instance, the parties will be notified, and the Court will set a hearing on the motion. Arguments not raised in the pre-motion conference request or during the subsequent hearing shall be deemed waived.
Page 4 | MOTIONS
Pre-motion conference requests are not required for motions other than those specifically covered elsewhere.
For all other motions, pre-motion conference requests are not required.
Page 5 | MOTIONS
Adjournment & Extension Requirements
Adjournment and extension requests must include prior dates, prior request history, reasons, adversary position, and effects on other deadlines with proposed new dates.
All adjournment and extension requests must state: a. The original scheduled Court date, due date or deadline; b. The number of previous requests for adjournments or extensions; c. Whether previous requests were granted or denied; d. The reason for the request; e. Whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent; and f. If the requested adjournment or extension affects any other scheduled date(s), the request must list the proposed change for such other date(s) and, if applicable, suggest dates on which all parties are available.
Page 2 | I.F.2. Requests for Adjournments or Extensions of Time
Adjournment and extension requests must be made as soon as possible and at least two business days in advance unless there is an emergency.
All requests for adjournments of Court appearances and scheduled hearings or extensions of deadlines shall be made as soon as a party is aware of the need and, in any event, at least two (2) business days prior to the appearance, scheduled hearing, or deadline, absent an emergency.
Page 2 | I.F.1. Requests for Adjournments or Extensions of Time
Extension requests for responsive pleadings must be directed to the assigned Magistrate Judge and filed on ECF.
Requests for extensions of time to file responsive pleadings shall be addressed to the assigned Magistrate Judge and shall be filed to ECF.
Page 3 | COMMUNICATIONS WITH CHAMBERS
Any adjournment or extension of briefing deadlines requires court permission.
The parties may not change a briefing schedule, whether set by the Court or the Federal and/or Local Rules, without permission from the Court.
Page 5 | MOTIONS
Adjournment and extension requests must be made as soon as the need is known and at least two business days in advance unless there is an emergency.
All requests for adjournments of court appearances or extensions of time to file documents shall be made as soon as a party is aware of the need and, in any event, at least two (2) business days prior to the scheduled appearance, due date, or deadline, absent an emergency.
Page 13 | MOTIONS
Extension requests must be filed as a motion and include specified details such as prior requests, reasons, proposed dates, consent position, and impacts on other deadlines.
Requests for extensions of time to file documents shall be filed as a “Motion for Extension of Time to File”. The deadline to file the document(s) is not extended unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for extensions of time must state: i. The original scheduled due date or deadline; ii. The number of previous requests for extensions; iii. Whether previous requests were granted or denied; iv. The reason for the requested extension of time; v. Proposed date(s) for the Court’s consideration; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent. If the requested extension affects any other scheduled due dates or deadlines, the request must list the proposed changes for all such other dates.
Page 13 | MOTIONS
Adjournment/continuance requests must be filed by motion and include required details including prior requests, reasons, available dates, adversary position, and (if applicable) speedy-trial waiver consent.
Requests for adjournments of court appearances shall be filed as a “Motion to Continue”. The scheduled appearance is not adjourned unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for adjournments of court appearances must state: i. The original scheduled Court date; ii. The number of previous requests for adjournments; iii. Whether previous requests were granted or denied; iv. The reason for the requested continuance of the court appearance; v. At least three (3) suggested dates on which all parties are available. NOTE: If the Court is unavailable during the dates/times proposed, it may reschedule the appearance to a date/time of its convenience; vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent; and vii. If applicable, whether the defendant consents to a Waiver of Speedy Trial for the time between the original scheduled Court date and the proposed date.
Page 14 | MOTIONS
Extension requests for sentencing-memorandum deadlines must be filed by motion and include specified date, history, reason, proposed date, and consent information.
Requests for extensions of time to file sentencing memoranda shall be filed as a “Motion for Extension of Time to File”. The deadline to file is not extended unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for extensions of time must state: i. The original scheduled due date; ii. The number of previous requests for extensions; iii. Whether previous requests were granted or denied; iv. The reason for the requested extension of time; v. Proposed date(s) for the Court’s consideration; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent.
Page 18 | Requests for Adjournments of Sentencings or Extensions of Time to File Sentencing Memoranda
Adjournment/continuance requests for sentencing must be filed by motion and include specified scheduling, history, reason, and consent details.
Requests for adjournments of sentencing shall be filed as a “Motion to Continue Sentencing”. Sentencing is not adjourned unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for adjournments of court appearances must state: i. The original scheduled Court date; ii. The number of previous requests for adjournments; iii. Whether previous requests were granted or denied; iv. The reason for the continuance of the court appearance; v. At least three (3) suggested dates on which all parties are available. If the requested adjournment affects the due dates for the filing of sentencing memoranda, the request must list the proposed changes for all such other dates. NOTE: If the Court is unavailable during the dates/times proposed, it may reschedule the sentencing proceeding to a date/time of its convenience; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent.
Page 18 | Requests for Adjournments of Sentencings or Extensions of Time to File Sentencing Memoranda
Chambers Communication Rules
Phone calls to Chambers are allowed only for emergencies requiring immediate attention.
Telephone calls and emails to Chambers are permitted only in emergency situations requiring immediate attention.
Page 1 | I.D. Telephone Calls and Emails
ECF questions must be directed to the Clerk’s Office by phone.
All questions regarding ECF are to be directed to the Clerk’s Office at (631) 712-6010.
Page 3 | ELECTRONIC CASE FILING (ECF)
Chambers may not be contacted for ECF or docketing questions.
Do not contact Chambers with ECF or docketing questions.
Page 3 | ELECTRONIC CASE FILING (ECF)
Communications with the Court must generally be made by ECF-filed letter with simultaneous service on all counsel.
Except as provided below, communications with the Court shall be by letter filed to ECF, with copies simultaneously served upon all counsel, via ECF notification or other means.
Page 1 | I.B. Letters
Questions regarding docketing, ECF filing, and ECF training are to be directed to the Clerk’s Office at (631) 712-6010.
Questions regarding docketing, ECF filing, and ECF training are to be directed to the Clerk’s Office at (631) 712-6010.
Page 2 | I.D.2. Docketing Matters
Fax communications require prior court permission.
Faxes are not permitted without prior permission from the Court.
Page 2 | I.E. Faxes
Electronic copies must be sent to Chambers by email at Seybert_Chambers@nyed.uscourts.gov.
The parties must provide the Court with electronic copies of the documents in Word format (not PDF) via Chambers e-mail: Seybert_Chambers@nyed.uscourts.gov.
Page 12 | Default Deadlines and Filings in Civil Non-Jury/Bench Trials - Twenty-One Days After the Conclusion of Trial
Urgent scheduling matters should be directed to the courtroom deputy, with email preferred.
For urgent scheduling and calendar matters, call or e-mail Doreen J. Flanagan, Courtroom Deputy, at (631) 712-5615 or at Doreen_Flanagan@nyed.uscourts.gov”. E-mail is preferred.
Page 2 | I.D.1. Urgent Scheduling and Calendar Matters