Judge Kiyo A. Matsumoto
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies • Upon Filing
- Upon Filing
Exhibits
- 2 copies • At Least 10 Days Before Trial
Joint Deposition Transcript
- 1 copy • When Fully Briefed
State Court Record
- Upon Filing
Adjournments
- Once scheduled, oral argument may be adjourned with the consent of all parties, provided that the Court is notified in writing no later than one week prior to the scheduled argument.
- Adjournment and extension request letters must be electronically filed under the Motions event, not as letters under Other Documents.
- Adjournment/extension requests must include the original date, reason, requested extra time, and prior request history with outcomes.
Request must include
- Adjournment and extension requests must be written, filed on ECF, and submitted at least two business days before the deadline or appearance.
- Sentencing adjournment requests must be made in writing at least five business days before sentencing, with any government response due at least two business days before sentencing.
Communication
Phone
Clerk
Phone
Clerk
Phone
Clerk
Phone
Chambers
Page & Word Limits4 rules
All parties so served shall submit a response not to exceed three (3) pages within three business days.
Pre Motion Response Letter
3 pages
To arrange a pre-motion conference, the moving party shall submit a letter not exceeding three (3) pages setting forth the basis for the motion and a proposed briefing schedule.
Pre Motion Letter
3 pages
Reply memoranda are limited to 10 pages.
Reply Memorandum
10 pages
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions on notice are limited to 30 pages (excluding tables of contents and authorities and exhibits),
Memorandum Of Law Support Or Opposition
30 pages
Document Format Requirements4 rules
The respondent shall electronically file the State Court Record, with no individual attachment to the entry exceeding 5 megabytes.
All memoranda must use one-inch margins, double spacing, and 12-point font.
Each trial exhibit must be individually paginated, with each exhibit’s page numbering restarting at 1.
(3) All trial exhibits shall be individually paginated, meaning that each exhibit shall be numbered starting on the first page of the exhibit with the number one (“1”), and that each subsequent exhibit will also be numbered starting on the first page of the exhibit with the number one (“1”).
When feasible, in addition to a written version, these materials should be provided on a CD in Microsoft Word format.
DOCX
Document Filing Requirements46 rules
If, for good cause, prior approval to file under seal has not been granted, each such submission shall be accompanied by an explanation of why sealing is necessary.
DocumentSealed Submission
A request for a conference with the Court shall be made by a letter setting forth the specific issues requiring judicial intervention.
DocumentConference Request Letter
All correspondence must include the (i) case name, (ii) docket number and (iii) initials of the judge(s) assigned to the case.
DocumentLetter
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.
DocumentAdjournment Or Extension Request
Request a pre-motion conference under the “Motion for a Pre-Motion Conference” event and not as a “Letter.”
DocumentPre Motion Conference Request
A 56.1 Reply Statement must quote the counterstatement, respond only to additional material facts, and may not add new material facts.
A moving party’s 56.1 Reply Statement must quote, verbatim, the opposing party’s 56.1 Counter Statement, including all citations. A moving party’s 56.1 Reply statement may only respond to the opposing party’s Counter Statement of additional material facts and must do so by stating the moving party’s response immediately beneath each statement of additional material fact. Reply statements may not introduce any new material facts.
Document56.1 Reply Statement
A 56.1 Counter Statement must quote and respond paragraph-by-paragraph, and any additional disputed facts must appear in a separately titled consecutively numbered section.
A party’s 56.1 Counter Statement to a 56.1 Statement must quote, verbatim, the 56.1 Statement, including all citations, and respond to the moving party’s statements of fact immediately beneath each statement. If an opposing party chooses to include additional material facts alleged to be in dispute in their 56.1 Counter Statement, they must do so in a separately titled section, with each of the paragraph numbers consecutively following the response paragraphs.
Document56.1 Counter Statement
No statement of fact should be included in a 56.1 Statement unless it can be established by direct admissible evidence.
Document56.1 Statement
Each paragraph in a 56.1 Statement must contain an assertion of a material undisputed fact, not a description of evidence.
Document56.1 Statement
A motion to amend must include both a clean proposed amendment and a marked comparison version, and if granted the amended pleading must be filed and served.
Any motion to amend a pleading must attach as exhibits (1) a copy of the proposed amended pleading and (2) a version of the proposed amended pleading that shows—through redlining, underlining, strikeouts, or other similarly effective typographic methods—precisely how the proposed amended pleading differs from the operative pleading. If the Court grants the motion, the moving party must file and serve the amended pleading.
DocumentMotion To Amend Pleading
Accordingly, material facts in any pre-motion letter or memorandum of law in connection with a motion for summary judgment must cite to relevant paragraphs of 56.1 Statements.
DocumentPre Motion Letter
Supplements to a 56.1 statement are not permitted absent leave of the Court and a showing of good cause.
Document56.1 Statement
For summary judgment motions, parties must jointly prepare and file a Joint Deposition Transcript Appendix when fully briefed.
All parties moving for or opposing a motion for summary judgment shall confer and prepare a Joint Deposition Transcript Appendix that contains all excerpts of all deposition transcripts each party is relying upon in its respective submissions. The Joint Deposition Transcript Appendix shall be filed on ECF when the motion is fully briefed.
DocumentJoint Deposition Transcript Appendix
A party seeking oral argument on a motion shall file a separate letter, titled “Request for Oral Argument,” at the time the fully- briefed motion is filed on ECF.
DocumentRequest For Oral Argument Letter
Parties must submit a Joint Pretrial Order within 60 days after discovery completion in civil cases, unless the Court orders otherwise.
Unless otherwise ordered by the Court, within 60 days from the date for the completion of discovery in a civil case, the parties shall submit to the Court for its approval a Joint Pretrial Order, which shall include the following:
DocumentJoint Pretrial Order
1. Caption: The full caption of the action.
DocumentJoint Pretrial Order
The Joint Pretrial Order must include detailed witness schedules and expected testimony summaries, and generally limits trial testimony to listed witnesses absent prompt notice, no prejudice, and good cause.
9. Witnesses: A schedule by each party designating names and addresses of fact and expert witnesses whose testimony is to be offered in its case in chief, and possible witnesses whose testimony may be offered only for impeachment or rebuttal purposes, together with a brief narrative statement of the expected testimony of each listed witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and a lack of prejudice and good cause are shown.
DocumentJoint Pretrial Order
The Joint Pretrial Order must include each party’s subject matter jurisdiction statement with statutory citations and jurisdictional facts.
matter jurisdiction and a brief statement by each party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.
DocumentJoint Pretrial Order
The Joint Pretrial Order must summarize each party’s remaining claims and defenses, include statutory citations, and identify claims/defenses no longer being tried.
4. Claims and Defenses: A brief summary by each party of the claims and defenses that the party has asserted which remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. Such summaries shall identify all claims and defenses previously asserted which are not to be tried.
DocumentJoint Pretrial Order
(1) All exhibits must be pre-marked for the trial, exchanged with the other parties, and provided to chambers at least 10 days before trial.
DocumentExhibits
The pretrial order must include exhibit-admissibility objections, and failing to include an objection waives it at trial except relevance objections.
The parties will list and briefly describe in the pretrial order the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party. A party’s failure to object to an exhibit in the pretrial order waives all objections at trial, except objections as to relevance.
DocumentPretrial Order
Only exhibits listed in the pretrial order shall be offered in evidence except when prompt notice has been provided, and good cause and a lack of prejudice are shown.
DocumentPretrial Order
Unless otherwise ordered by the Court, each party shall file the following 15 days before trial: a) Proposed voir dire questions, proposed jury charges, and proposed verdict forms.
DocumentJury Instructions
Unless otherwise ordered by the Court, each party shall file the following 45 days before trial: a) Motions addressing any evidentiary or other issues which should be resolved in limine;
DocumentMotion
All pretrial filings in criminal cases shall be made in accordance with a Criminal Pretrial Scheduling Order issued by the Court.
DocumentPretrial Filings
A pretrial memorandum, unless otherwise ordered by the Court; and
DocumentPretrial Memorandum
In non-jury cases, a statement of the elements of each claim or defense alleged by each respective party, together with a summary of the facts relied upon by that party to establish each element.
DocumentNon Jury Statement
Objections to another party’s proposed jury charges and verdict forms must be filed 7 days before trial with legal basis and authority.
Unless otherwise ordered by the Court, each party shall file the following 7 days before trial: a) Any objections to the any other party’s proposed jury charges and verdict forms, including the legal basis and authority for the objections.
DocumentObjections To Jury Charges And Verdict Forms
In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than 10 days after the conclusion of trial or at such other time set by the Court. No responses to such submissions shall be permitted.
DocumentProposed Findings Conclusions
Following such meeting, such party shall file a confirmation in writing via ECF that this meeting has occurred.
DocumentEcf Confirmation
No procedural history should be included in a 56.1 statement unless relevant to the motion (for example, if the motion raises a statute of limitations issue).
Document56.1 Statement
A filing party shall also file a cover letter specifying each document filed in the motion package.
DocumentMotion Package Cover Letter
All deposition transcript citations, including Rule 56.1 citations, must use the joint appendix numbering/lettering.
All parties shall refer to the Joint Deposition Transcript Appendix numbers or letters when citing to any deposition transcript in their respective submissions. This includes any citations to deposition transcripts in a party’s Rule 56.1 Statement
DocumentSummary Judgment Submissions
Memoranda of 10 pages or more shall contain a table of contents.
DocumentMemorandum Of Law
The Notice of Motion shall not contain a return date, but rather shall state that the return date will be set by the Court.
DocumentNotice Of Motion
Each deposition transcript in the joint appendix must include cover and appearances pages and be individually numbered or lettered.
Each deposition transcript included in the Joint Deposition Transcript Appendix shall include the cover page and appearances page and shall be individually marked with a number or letter, as jointly agreed upon by the parties.
DocumentDeposition Transcript In Joint Appendix
All parties moving for or opposing motions for judgment on the pleadings in social security cases shall confer and prepare a stipulation of facts with a chronology of medical treatment, to be filed on ECF when the motion is fully briefed.
DocumentStipulation Of Facts Social Security Motion
Defendant’s sentencing memorandum, if any, is due two weeks prior to sentencing. The Government’s response, if any, is due one week prior to sentencing. If the defendant and the Government agree that the case presents no material factual or legal disputes, they may modify this schedule and shall advise the Court if they do so.
DocumentSentencing Memorandum And Response
2. Parties and Counsel: The names, addresses (including firm names), telephone, and fax numbers of trial counsel.
DocumentJoint Pretrial Order
A party may file within the federal deadline instead of delaying under individual practices, but must include an explanation of the basis for that conclusion.
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, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.
DocumentMotion
8. Stipulations: Any stipulations or statements of fact or law which have been agreed to by all parties.
DocumentJoint Pretrial Order
7. Consent to Magistrate Judge: A statement as to whether all parties have consented to trial of the case by a Magistrate Judge. The statement shall not identify which parties have or have not consented.
DocumentJoint Pretrial Order
5. Damages and Relief: A brief statement of the categories, method of calculation, and amounts of damages claimed or other relief sought, and the opposing party’s position.
DocumentJoint Pretrial Order
6. Jury or Bench Trial: A statement by each party as to whether the case is to be tried with or without a jury, proposed number of jurors, and the number of trial days needed.
DocumentJoint Pretrial Order
10. Deposition Testimony: A designation by each party and copies of deposition testimony to be offered in its case in chief, with any cross- designations and objections by any other party.
DocumentJoint Pretrial Order
(2) Plaintiff’s exhibits shall contain the docket number and be identified by number, and defendant’s exhibits shall be identified by letter.
DocumentExhibits
Filing & Service rules
Courtesy Copy Requirements
Summary-judgment pre-motion conference requests require courtesy hard copies to chambers, and courtesy copies cannot be sent by email or hard drive.
As discussed further below, pre-motion conference requests for summary judgment must be filed not only electronically, but also by courtesy hard copy to Chambers. Any courtesy copies to Chambers must be sent via FedEx or messenger, not by email or hard drive to the Court.
Page 1 | I.A.2
In habeas cases, the respondent must also provide chambers with a hard copy of the State Court Record.
The respondent shall also supply a hard copy of the State Court Record to chambers.
Page 2 | I.F
Summary judgment pre-motion conference requests require two bound hard-copy courtesy sets, as-filed with CM/ECF stamp information, and email or hard-drive delivery is prohibited.
ATTENTION: As well as filing on ECF, parties requesting a pre-motion conference for a summary judgment motion must send two bound courtesy copies (hard copies only) of all pre motion conference papers and exhibits to Chambers, via FedEx or messenger. Courtesy copies must be as-filed and include the information stamped on each page of each filing by the Court’s CM/ECF system. Emailing Chambers or providing a hard drive of such courtesy copies is not acceptable.
Page 6 | C. General Practices for Motions on Notice
One courtesy copy of the joint deposition transcript is required when summary judgment briefing is complete, and courtesy copies must be sent by FedEx or messenger (not email or hard drive).
One courtesy copy of the Joint Deposition Transcript shall be provided to chambers when the summary judgment motion has been fully briefed. ***Any courtesy copies to Chambers must be sent via FedEx or messenger, not by email or hard drive to the Court.***
Page 8 | 3(c). Deposition Transcripts Used in Summary Judgment Motions
In criminal motions, courtesy copies must be sent by FedEx or messenger (not email/hard drive) and must include CM/ECF file-stamp information on every page.
***Any courtesy copies to Chambers must be sent via FedEx or messenger, not by email or hard drive to the Court. Courtesy copies must be as-filed and include the information stamped on each page of each filing by the Court’s CM/ECF system***
Page 8 | D. Motions in Criminal Cases
(4) Two courtesy copies of pre-marked, individually paginated exhibits should be provided to chambers in binders with tabs reflecting each exhibit’s corresponding number or letter at least ten days before trial, as noted above. Email does not suffice. Courtesy copies should be sent via FedEx or messenger.
(4) Two courtesy copies of pre-marked, individually paginated exhibits should be provided to chambers in binders with tabs reflecting each exhibit’s corresponding number or letter at least ten days before trial, as noted above. Email does not suffice. Courtesy copies should be sent via FedEx or messenger.
Page 11 | a) Format for Trial Exhibits
Sealing & Redaction Procedures
When leave to seal is granted, the sealed written submission should still be filed on ECF.
Written submissions to be filed under seal, if the Court grants leave to do so, should also be filed on ECF.
Page 2 | I.D
Filing Bundling Requirements
Motion papers must be bundled and filed only after full briefing, unless early filing is necessary to avoid losing an appellate or other right and notice is given.
No motion papers shall be filed via ECF until the motion has been fully briefed, except that upon notice to the Court and all parties, a party may file a motion before briefing is completed if waiting to file a fully briefed motion would result in the loss of an appellate or other right.
Page 6 | C. General Practices for Motions on Notice
Each party shall be responsible for filing all of its own motion papers (via ECF) once the motion is fully briefed, unless a party is pro se, in which case the represented party shall file all motion papers.
Each party shall be responsible for filing all of its own motion papers (via ECF) once the motion is fully briefed, unless a party is pro se, in which case the represented party shall file all motion papers.
Page 7 | III. MOTIONS
Pre-Motion Conference Requirements
The moving party must submit a pre-motion letter (max three pages) stating the motion basis and proposed briefing schedule.
To arrange a pre-motion conference, the moving party shall submit a letter not exceeding three (3) pages setting forth the basis for the motion and a proposed briefing schedule.
Page 4 | III.B.1
Responses to pre-motion letters are limited to three pages due within three business days, and replies are barred absent specific authorization.
All parties so served shall submit a response not to exceed three (3) pages within three business days. Replies are not permitted unless specifically authorized.
Page 4 | III.B.1
A pre-motion conference is required before filing motions, except for listed habeas, default, social security, and bankruptcy matters.
A pre- motion conference with the Court is required before the filing of any motion with the exception of habeas corpus petitions, default motions, social security, and bankruptcy appeals.
Page 4 | III.B. Civil Motions on Notice Require Pre-motion Conferences
Summary judgment pre-motion conference requests require a 56.1 statement (except pro se), with 15 business days for response, 10 business days for reply 56.1, and no reply letter.
Except for pro se parties, pre-motion conference requests regarding an intended motion for summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1, also known as the 56.1 Statement, 56.1 Counterstatement, and 56.1 Reply. Non- moving parties shall have fifteen (15) business days from service of a pre-motion letter and accompanying 56.1 statement to respond to each. Parties shall have ten (10) business days from receipt of an opposing 56.1 statement to file a reply 56.1 statement. No reply letter shall be permitted.
Page 5 | III. MOTIONS
Parties must obtain Court approval of the briefing schedule before serving motion papers, either at a pre-motion conference or by subsequent ECF letter.
No changes in the approved schedule may be made without prior Court approval. Approval of the briefing schedule may be sought at the pre-motion conference or by subsequent letter filed by ECF. No party is to serve any motion papers prior to obtaining court approval for the schedule.
Page 7 | III. MOTIONS
In pro se cases, the court may waive pre-motion conference requirements case-by-case, but default practice still requires using the standard pre-motion request procedure unless another exception applies.
In cases involving one or more pro se litigants, the Court may dispense with the requirement for a pre- motion conference on a case-by-case basis. Accordingly, unless the case fits into an exception noted supra, even in cases involving pro se litigants the parties shall follow the pre-motion conference request procedure outlined supra.
Page 4 | III.B.3
In criminal cases, counsel must raise contemplated motions at a Court-scheduled status conference or as directed by pretrial order.
Counsel shall advise the Court of any contemplated motions at a status conference scheduled by the Court or in accordance with the Court’s pretrial order.
Page 8 | D. Motions in Criminal Cases
Adjournment & Extension Requirements
Adjournment and extension request letters must be electronically filed under the Motions event, not as letters under Other Documents.
Any letters to Judge Matsumoto requesting court intervention, including those requesting an adjournment or extension of deadlines, must be electronically filed under “Motions” and not as a “Letter” under “Other Documents.”
Page 2 | I.C
Adjournment/extension requests must include the original date, reason, requested extra time, and prior request history with outcomes.
and must state (1) the original date; (2) the reason for the request; (3) how much additional time is needed; (4) the number of previous requests for adjournment or extension by either party and whether these previous requests were granted or denied;
Page 3 | II.E. Requests for Adjournment or Extension of Time
Adjournment and extension requests must be written, filed on ECF, and submitted at least two business days before the deadline or appearance.
All requests for adjournments of conferences or extensions of time must be made in writing, at least two business days in advance of the deadline or scheduled appearance and must be filed by ECF,
Page 3 | II.E. Requests for Adjournment or Extension of Time
Sentencing adjournment requests must be made in writing at least five business days before sentencing, with any government response due at least two business days before sentencing.
Applications regarding sentencing adjournments shall be made in writing by defense counsel at least five business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two business days before the date of sentencing.
Page 8 | D. Motions in Criminal Cases
Once scheduled, oral argument may be adjourned with the consent of all parties, provided that the Court is notified in writing no later than one week prior to the scheduled argument.
Once scheduled, oral argument may be adjourned with the consent of all parties, provided that the Court is notified in writing no later than one week prior to the scheduled argument.
Page 9 | III. MOTIONS
Chambers Communication Rules
Except in sealed cases, parties may not file documents by emailing them to the Courtroom Deputy or other Chambers or Court staff.
Except in sealed cases, parties may not file documents by emailing them to the Courtroom Deputy or other Chambers or Court staff.
Page 1 | I.A.1
In criminal cases, Assistant U.S. Attorneys must call chambers at 718-613-2180 when a new case is assigned so an initial pretrial conference can be scheduled.
Assistant United States Attorneys are responsible for informing chambers by calling the Case Manager Sandra Williams-Jackson at 718-613-2180 when a new case has been assigned to Judge Matsumoto. Upon such notification, an initial pretrial conference will be scheduled.
Page 12 | V. CRIMINAL CASES - PRETRIAL PROCEDURES / A. Pretrial Conference in Criminal Cases
Communications with chambers must generally be submitted as ECF-filed letters with simultaneous service on all counsel.
Except as provided below, communications with chambers shall be by letter filed on ECF, with copies simultaneously delivered to all counsel.
Page 3 | II. COMMUNICATIONS WITH CHAMBERS
Fax submissions to chambers are prohibited unless prior authorization is obtained, subject to listed exceptions.
With the exception of submissions related to guilty pleas, sentencings, or sealed/ex parte matters and requests, parties are not permitted to fax submissions without prior authorization.
Page 3 | II.B. Faxes
Except as set forth below in Paragraph (D), telephone calls to chambers are permitted only in emergency situations requiring immediate attention.
Except as set forth below in Paragraph (D), telephone calls to chambers are permitted only in emergency situations requiring immediate attention.
Page 3 | II.C. Telephone Calls
Technical assistance should be requested by phone at 718-613-2290.
For technical assistance, call 718-613-2290.
Page 1 | I.A
ECF training scheduling is handled by phone at 718-613-2312.
ECF training may be scheduled by calling 718-613-2312.
Page 1 | I.A
ECF questions should be directed by phone to the Court’s Docket Section at 718-613-2610.
For questions regarding ECF, you may call the Court’s Docket Section at 718-613-2610.
Page 1 | I.A
Junior Lawyer Participation Incentives
When a lawyer with six or fewer years of experience argues a motion, the Court may allow more experienced counsel to assist during oral argument.
If a lawyer with six or fewer years of experience will be arguing a motion, the Court will consider permitting more experienced counsel of record the ability to provide assistance, where appropriate, during oral argument.
Page 9 | III. MOTIONS
The Court encourages lead counsel to allow lawyers with six or fewer years of experience to examine witnesses and present argument.
The Court strongly encourages lead counsel to permit lawyers with six or fewer years of experience to examine witnesses at trial and to present argument to the Court.
Page 9 | III. MOTIONS