Judge Joseph A. Marutollo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 3 copies
- Upon request
Adjournments
- Adjournment or extension requests must include original and proposed dates, reasons, prior requests and outcomes, adversary position, and impact on other dates.
- Requests for extensions of time must be filed on ECF using the motion event type.
Request must include
- Adjournment and extension requests must be filed as ECF motions at least two business days before the deadline or appearance.
Communication
Chambers
Page & Word Limits2 rules
The ex parte letters shall be limited to five (5) pages, exclusive of attachments.
Ex Parte Settlement Letter
5 pages
Each party’s portion of the joint submission shall be limited to three (3) pages.
Discovery Joint Submission
3 pages
Document Format Requirements6 rules
All written submissions and supporting materials must be text-searchable, to the extent practicable. The Court may strike non-compliant submissions.
All submissions must follow Local Rules, including Local Civil Rule 7.1(c) length and formatting requirements for briefs, motions, and other papers.
All submissions shall comply with the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. This includes the length and formatting requirements for briefs, motions, and other papers under Local Civil Rule 7.1(c).
All memoranda of law shall be produced in 12-point font, with footnotes in 11-point font, and shall have one-inch margins on all sides. All memoranda must be filed in a text-searchable format.
A joint proposed pre-trial order must be filed by the court-ordered deadline and must follow the presiding District Judge’s required format.
The parties must file a joint proposed pre-trial order in the format prescribed by the presiding District Judge on or before the deadline set by the Court or as set forth in the presiding District Judge’s Individual Practices and Rules.
Unless prior permission has been granted, memoranda of law in support of, and in opposition to, dispositive motions should comply with formatting and length requirements of Local Civil Rule 7.1(c).
These proposed pre-trial submissions should also be submitted to Chambers via email (Marutollo_Chambers@nyed.uscourts.gov) in Microsoft Word format.
DOCX
Document Filing Requirements10 rules
Any attorney appearing before the Court must first enter a notice of appearance on ECF.
DocumentNotice Of Appearance
The joint letter shall begin with a brief statement of the claims and defenses at issue in the case.
DocumentDiscovery Joint Letter
Pro hac vice motions must include a proposed order and be served and filed electronically at least seven business days before the return date.
A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) business days prior to the return date designated in the notice of motion.
DocumentMotion For Admission Pro Hac Vice
A pre-motion letter seeking leave to amend must include both the proposed amended pleading and a redline against the operative pleading.
When submitting a pre-motion letter regarding a request to amend a pleading, the moving party shall attach: (1) the proposed amended pleading and (2) a redlined comparison of the operative pleading and proposed amended pleading.
DocumentPre Motion Conference Letter
Customized proposed confidentiality orders must be submitted with both clean and redlined versions plus a justification letter.
Should the parties endeavor to customize such proposed Confidentiality Order, they shall submit to the Court both clean and redlined version of the same, as well as a letter providing the reasoning for any changes.
DocumentProposed Order
To initiate briefing in these cases, movants must serve notice and papers with a cover letter and file only that cover letter on ECF under the Letter event.
To start the briefing process, a notice and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. A copy of the cover letter only – and not the papers themselves – shall be filed electronically using the “Letter” event on ECF, not the “Motion” event or “Notice of Motion” event.
DocumentCover Letter
Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case, the parties shall submit to the Court a joint proposed pre-trial order that includes the following:
DocumentJoint Proposed Pretrial Order
For jury trials, proposed jury instructions, voir dire questions, and a jury verdict sheet shall be filed at least ten (10) days prior to the start of the trial.
DocumentJury Trial Pretrial Submissions
Trial exhibits must be pre-marked in specified numbering format, authenticity issues should be resolved before trial, and only listed exhibits are admitted absent good cause.
All exhibits must be pre-marked in the order in which they are expected to be used (using numerals for Plaintiff’s exhibits and letters for Defendant’s exhibits). Parties are expected to resolve before trial all issues of authenticity or chain of custody. Only exhibits listed will be received in evidence, except for good cause shown.
DocumentTrial Exhibit List
An application to seal must include supporting affidavit(s) and a memorandum of law addressing sealing standards and controlling authority including Lugosch.
Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and any other controlling authority.
DocumentApplication To Seal
Filing & Service rules
Courtesy Copy Requirements
Unless otherwise ordered, each party must provide three tabbed binders of pre-marked exhibits and bring them to the final pre-trial conference.
Unless otherwise ordered by the Court, each party shall provide the Court with three binders of their pre-marked exhibits with tabs reflecting each exhibit’s corresponding number or letter. The parties shall bring their binders to the final pre-trial conference.
Civil cases
Page 8 | C. Courtesy Copies of Trial Exhibits
Courtesy copies should only be provided to Chambers upon request of the Court.
Courtesy copies should only be provided to Chambers upon request of the Court.
Civil cases
Page 1 | II. CASE FILINGS - B. Courtesy Copies
Sealing & Redaction Procedures
A proposed redacted version must be submitted for public docketing with a sealing application.
The application shall also include a proposed redacted version of the document(s) in question for public docketing.
Civil cases
Page 9 | II. CASE FILINGS
A court order specifically identifying the documents is required before any sealed filing.
No document may be filed with the Clerk under seal without an order of this Court addressing the specific documents to be sealed.
Civil cases
Page 9 | II. CASE FILINGS
Rule 5.2-authorized redactions are exempt from the requirement to apply to the Court.
The redactions expressly authorized by Rule 5.2 may be made without application to the Court.
Civil cases
Page 9 | II. CASE FILINGS
Filing Bundling Requirements
When pre-motion conferences are required, parties must hold motion papers and file them only once briefing is complete.
In cases where a pre-motion conference is required, the parties shall not file their motion papers until the motion has been fully briefed. On the day that the motion is fully briefed, the moving party shall electronically file all motion papers.
Civil cases
Page 6 | VII. DISPOSITIVE MOTIONS
If no pre-motion conference is required, parties may file motion papers before full briefing is complete.
In cases where a pre-motion conference is not required, the parties need not wait until the motion is fully briefed to electronically file their motion papers.
Civil cases
Page 6 | VII. DISPOSITIVE MOTIONS
Pre-Motion Conference Requirements
For objected pro hac vice motions, opposition is due two business days before return date and replies are not allowed.
If any party objects to the motion, opposition papers must be served and filed at least two (2) business days prior to the return date. No reply papers are permitted.
Civil cases
Page 4 | VI. NON-DISPOSITIVE MOTIONS
Before discovery motions, parties must confer in good faith and, if unresolved, file a jointly composed single dispute letter on ECF as a motion.
Parties must make a good faith effort to resolve disputes before making any discovery motion. See Fed. R. Civ. P. 37(a)(1); Local Civil Rule 37.2. In the event that the parties are unable to resolve a discovery dispute, the parties must write to the Court and describe their dispute in a single letter, jointly composed. The joint letter shall be filed on ECF as a “Motion” (not a “Letter”).
Civil cases
Page 4 | VI.B. Discovery Motions
Dispositive motions go to the presiding District Judge unless the parties have consented to Judge Marutollo or the court directs otherwise.
Dispositive motions, such as motions to dismiss and motions for summary judgment, must be made to the presiding District Judge, in accordance with his or her Individual Practices and Rules, unless the parties have consented to Judge Marutollo for all purposes in accordance with 28 U.S.C. § 636(c)(1) or the Court has noted otherwise.
Civil cases
Page 4 | VII. DISPOSITIVE MOTIONS
A party may bypass timing aspects of these practices and file within federal-rule deadlines if delay would forfeit a substantive right, but must include an explanatory basis.
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 and Rules, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil or Appellate Procedure, together with an explanation of the basis for that conclusion.
Civil cases
Page 5 | VII. DISPOSITIVE MOTIONS
Pre-motion conferences are required for specified dispositive and related motions except in Social Security, habeas, and pro se matters.
Pre-motion conferences are not required in Social Security appeals, habeas cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference before filing any dispositive motion pursuant to Fed. R. Civ. P. 12 or 56; any motion for a change of venue; or a motion to amend a pleading pursuant to Fed. R. Civ. P. 15 when leave of court is required.
Civil cases
Page 5 | VII. DISPOSITIVE MOTIONS
A party requesting a pre-motion conference must file a pre-motion letter capped at three pages with legal citations and a brief motion overview.
To request a pre-motion conference, the moving party is to file and serve a pre-motion conference letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion. The letter shall include citations to relevant authority and should provide a brief overview of the anticipated motion.
Civil cases
Page 5 | VII. DISPOSITIVE MOTIONS
Opposing parties must respond to pre-motion letters within five business days in a three-page response, include specified Rule 12 response positions, and may not file replies.
All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within five (5) business days of service of the moving party’s letter, unless otherwise ordered by the Court. The response shall not exceed three (3) pages. When a party responds to a pre- motion conference letter in anticipation of a motion to dismiss, they should state whether they intend to: file an amended complaint as of right, pursuant to Fed. R. Civ. P. Rule 15(a)(1)(B); seek leave to amend in light of one or more alleged pleading defects; or proceed to briefing on the contemplated motion. Replies are not permitted.
Civil cases
Page 5 | VII. DISPOSITIVE MOTIONS
In limine motions must be filed 30 days before trial, responses are due 7 days later, and oral argument is scheduled when needed.
All motions addressing any evidentiary or other issues that should be resolved in limine shall be filed at least thirty (30) days before the trial. Responses, if any, shall be due seven (7) days later. Oral argument will be scheduled if necessary.
Civil cases
Page 8 | B. Filings Prior to Trial
The Court may treat the pre-motion materials as the motion and may bypass a pre-motion conference by setting a briefing schedule directly.
In appropriate cases, the Court may construe the pre-motion conference letter, along with counsel’s arguments at the pre-motion conference, as the motion itself. The Court may also set a briefing schedule without a pre-motion conference if the Court determines that a pre-motion conference will not be a useful expenditure of the parties’ time.
Civil cases
Page 5 | VII. DISPOSITIVE MOTIONS
A Local Civil Rule 56.1 statement is not required at the pre-motion-letter stage for anticipated Rule 56 motions.
If the pre-motion conference letter is filed in anticipation of a motion pursuant to Fed. R. Civ. P. 56, a statement of facts on a motion for summary judgment (a Local Civil Rule 56.1 Statement) does not need to be filed.
Civil cases
Page 5 | VII. DISPOSITIVE MOTIONS
Adjournment & Extension Requirements
Requests for extensions of time must be filed on ECF using the motion event type.
As set forth in Section V below, any requests for an extension of time must be uploaded to ECF using the “motion” event type.
Civil cases
Page 2 | III. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Adjournment and extension requests must be filed as ECF motions at least two business days before the deadline or appearance.
All requests for adjournments of a court conference or extensions of time shall be filed on ECF as a “Motion” (not a “Letter”) at least two (2) business days prior to the scheduled appearance or deadline.
Civil cases
Page 3 | V. REQUESTS FOR ADJOURNMENTS OR EXTENSIONS OF TIME
Adjournment or extension requests must include original and proposed dates, reasons, prior requests and outcomes, adversary position, and impact on other dates.
All requests for adjournments or extensions must state the original date of the conference or deadline and the proposed new dates; the reasons for the adjournment or extension; the number of previous requests for adjournment or extension, and whether those requests were granted; whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent; and if the requested adjournment or extension affects any other scheduled dates.
Civil cases
Page 3 | V. REQUESTS FOR ADJOURNMENTS OR EXTENSIONS OF TIME
Chambers Communication Rules
Communications with Chambers must generally be made by ECF-filed letter, with simultaneous copies to any pro se litigant.
Except as provided below, communications with Chambers shall be by letter electronically filed with the Court, with copies simultaneously delivered or mailed to any pro se litigant.
Civil cases
Page 1 | III. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Hard-copy letters may not be delivered to Chambers or the Court.
No hard copies of letters shall be delivered to Chambers or to the Court.
Civil cases
Page 2 | III. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Telephone communication with Chambers is prohibited.
Telephone calls to Chambers are not permitted.
Civil cases
Page 2 | III. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Late adjournment requests made within two business days must also be emailed to Chambers with all counsel copied.
Any adjournment of a court appearance being requested less than two (2) business days prior to the scheduled appearance or deadline shall be accompanied by an email to Chambers (copying all counsel) advising the Court of the request.
Civil cases
Page 3 | V. REQUESTS FOR ADJOURNMENTS OR EXTENSIONS OF TIME
Ex parte settlement letters must be emailed to Chambers at the listed address by the court-set deadline.
The parties shall submit ex parte settlement letters to Chambers by email (Marutollo_Chambers@nyed.uscourts.gov) by a deadline set by the Court in each case.
Civil cases
Page 3 | IV. CONFERENCES
For emergencies or inquiries, Chambers should be contacted by email at the listed address.
For emergencies or inquiries, please contact Chambers via email, at Marutollo_Chambers@nyed.uscourts.gov.
Civil cases
Page 2 | III. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Should the parties be unable to reach a satisfactory resolution regarding the dispute, the parties are directed to contact Chambers via email (Marutollo_Chambers@nyed.uscourts.gov) during the deposition.
Should the parties be unable to reach a satisfactory resolution regarding the dispute, the parties are directed to contact Chambers via email (Marutollo_Chambers@nyed.uscourts.gov) during the deposition.
Civil cases
Page 6 | IX. DISPUTES DURING ONGOING DEPOSITIONS
These proposed pre-trial submissions should also be submitted to Chambers via email (Marutollo_Chambers@nyed.uscourts.gov) in Microsoft Word format.
These proposed pre-trial submissions should also be submitted to Chambers via email (Marutollo_Chambers@nyed.uscourts.gov) in Microsoft Word format.
Civil cases
Page 8 | B. Filings Prior to Trial