Judge Marcia M. Henry
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 4 copies
- Upon request
Adjournments
- Adjournment and extension requests must be made at least 3 business days before the deadline, unless an emergency.
- Adjournment and extension requests must include specific information: dates, reason, previous request history, other parties' consent, and impact on other deadlines.
- Parties must meet and confer in good faith before requesting adjournments or extensions, unless an emergency.
- When seeking to adjourn a court conference, the party should propose mutually convenient dates for rescheduling.
Request must include
Communication
Phone
Chambers
Phone
Clerk
Page & Word Limits5 rules
Such letter motions may not exceed three (3) pages in length, exclusive of attachments.
Letter
3 pages
Responses to discovery letter motions are limited to 3 pages, exclusive of attachments.
A response not exceeding three (3) pages in length, exclusive of attachments, must be served and filed within seven days (7) of receipt of the letter motion, unless a motion for additional time is granted.
Opposition
3 pages
Opposition papers are also limited to fifteen (15) pages.
Opposition
15 pages
The length of the letter motion shall not exceed fifteen (15) pages, exclusive of attachments.
Letter
15 pages
motions on notice are limited to fifteen (15) pages, and reply memoranda are limited to ten (10) pages.
Motion
15 pages
Reply
10 pages
Document Format Requirements2 rules
All memoranda of law must use reasonable margins, double spacing, and a reasonable font of twelve (12) point or larger, including for footnotes.
All exhibits must be pre-marked for trial and exchanged between or among the parties at least ten (10) business days before trial. If an exhibit is voluminous, it should be placed in a binder with tabs.
Document Filing Requirements10 rules
Attorneys must enter a notice of appearance and register to receive ECF notifications prior to filing any letters, motions or other documents.
DocumentAll Filings
Counsel in cases involving pro se litigants must send copies of documents filed via ECF to the pro se party, and file proof of service via ECF.
DocumentAll Filings
Requests for adjournments and/or for extensions of filing deadlines must be filed electronically as a letter motion using the "Motions" option via ECF, not the "Letter" option.
DocumentLetter Motion
Failure to comply with this requirement, or to include a certification of such efforts consistent with Rule 37(a)(1), will result in the denial of the motion.
DocumentDiscovery Motion
Every motion to compel or motion for a protective order shall attach as exhibits the language of the specific discovery request that is at issue in the motion.
DocumentDiscovery Motion
Pro hac vice motions must include proposed order, be filed 7 days before return date, and comply with Local Rule 1.3(i).
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) days prior to the return date designated in the notice of motion. Although there is no need to file a memorandum of law, this motion must comply with Local Civil Rule 1.3(i).
DocumentMotion
In bench trials, parties shall file proposed findings of fact and conclusions of law no later than two (2) weeks after the conclusion of trial. No responses to such submissions shall be permitted.
DocumentProposed Findings Conclusions
Unless the Court orders otherwise, the parties shall file via ECF their respective requests to charge and proposed voir dire questions at least two (2) weeks before trial.
DocumentJury Instructions
Joint statement of claim elements and factual summary must be filed 2 weeks before bench trial.
Unless the Court orders otherwise, the parties shall file via ECF a joint statement of the elements of each claim or defense involving that party, together with a summary of the facts relied upon to establish each element, at least two (2) weeks before trial.
Parties shall immediately notify the Court and the opposing parties via ECF if their address or telephone number changes.
Filing & Service rules
Courtesy Copy Requirements
Hard copies should not be sent to chambers unless requested by the Court.
Hard copies of electronic filings should not be mailed, faxed or hand-delivered to chambers unless the Court requests courtesy copies.
Page 1 | I. COMMUNICATION WITH CHAMBERS - A. Written Communications - 4. Hard Copies
Four copies of all exhibits must be provided to the Court for trial use.
The Court needs four (4) copies of all exhibits for use at trial.
Page 11 | VI. TRIAL PREPARATION - B. Exchange of Exhibits
Courtesy copies are not required unless the Court specifically requests them.
Courtesy copies are NOT required unless specifically requested by the Court.
Page 9 | C. Motion Practice
Sealing & Redaction Procedures
Sealed document motions must be filed via ECF with proposed sealed documents attached.
Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY's instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal.
Page 12 | VII. SEALING OF SUBMISSIONS - A. Procedures
Pre-Motion Conference Requirements
Parties must make good faith efforts to resolve discovery disputes before filing a motion.
Before making a discovery motion, parties must make a good faith effort, pursuant to Local Civil Rule 26.4 and Fed. R. Civ. P. 37(a)(1), to resolve disputes, including discussion by contemporaneous means (e.g., telephone, video conference, and/or in person).
Page 7 | V. MOTIONS
Opposition to pro hac vice motions due 2 days before return date; reply papers not permitted.
If any party objects to the motion, opposition papers must be served and filed at least two (2) days prior to the return date. No reply papers are permitted.
Page 9 | D. Motions for Admission Pro Hac Vice
Pro hac vice motions must be filed at least 7 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) days prior to the return date designated in the notice of motion.
Page 9 | D. Motions for Admission Pro Hac Vice
Proposed Joint Pretrial Order must be submitted within 60 days after discovery completion.
Unless otherwise ordered by the Court, within sixty (60) days after the date of the completion of discovery in a civil case, the parties must submit to the Court via ECF a proposed Joint Pretrial Order.
Page 10 | VI. TRIALS ON CONSENT - A. Proposed Joint Pretrial Order in Civil Cases
The parties must first make good faith efforts to resolve the disputes prior to seeking the Court's intervention.
The parties must first make good faith efforts to resolve the disputes prior to seeking the Court's intervention.
Page 8 | V. MOTIONS
Adjournment & Extension Requirements
Adjournment and extension requests must be made at least 3 business days before the deadline, unless an emergency.
All requests for adjournments and/or extensions, absent an emergency, shall be made in writing at least three (3) business days prior to the scheduled appearance or filing deadline.
Page 4 | II. COURT CONFERENCES
Adjournment and extension requests must include specific information: dates, reason, previous request history, other parties' consent, and impact on other deadlines.
All requests for adjournments or extensions of filing deadlines must state: a. the appearance date(s) or deadline(s) to be adjourned or extended; b. the reason for the request; c. the number of previous requests for adjournment or extension (by any party); d. whether those previous requests were granted or denied; e. whether the other party or parties' consent (including any reasons given for withholding consent); or, if the other parties could not be reached for input, efforts made to reach those parties; and f. whether the request affects any other scheduled Court appearance or deadline.
Page 4 | II. COURT CONFERENCES
Parties must meet and confer in good faith before requesting adjournments or extensions, unless an emergency.
Absent an emergency, parties must meet and confer in good faith prior to requesting adjournments or extensions.
Page 4 | II. COURT CONFERENCES
When seeking to adjourn a court conference, the party should propose mutually convenient dates for rescheduling.
To the extent a party seeks to adjourn a Court conference, if appropriate, the party shall propose mutually convenient date(s) for the re-scheduled conference.
Page 4 | II. COURT CONFERENCES
Chambers Communication Rules
Pro se litigants should file any documents: (1) via hand delivery or U.S. mail to the designated "Pro Se clerk" in the Clerk's office to the attention of Judge Henry and the presiding District Judge or (2) by delivering a copy (by email or U.S. mail) to the attorney for the opposing party.
Pro se litigants should file any documents: (1) via hand delivery or U.S. mail to the designated "Pro Se clerk" in the Clerk's office to the attention of Judge Henry and the presiding District Judge or (2) by delivering a copy (by email or U.S. mail) to the attorney for the opposing party.
Page 2 | I. COMMUNICATION WITH CHAMBERS - A. Written Communications - 5. Pro Se Litigants - c
Telephone calls to chambers are prohibited except as set forth in these rules. The Court does not discuss substantive legal matters about a case or accept adjournment requests via telephone. Faxes to chambers are not permitted.
Telephone calls to chambers are prohibited except as set forth in these rules. The Court does not discuss substantive legal matters about a case or accept adjournment requests via telephone. Faxes to chambers are not permitted.
Page 2 | I. COMMUNICATION WITH CHAMBERS - B. Telephone Calls and Case Related Inquiries - 1. General
Parties must immediately notify chambers by telephone if Judge Henry should be recused due to prior involvement in the case.
A party or the parties shall immediately notify chambers by telephone if any party believes Judge Henry should be recused from any pending civil or criminal matter due to her direct or indirect involvement in the matter during the time she served in the United States Attorney's Office, or for any other reason.
Page 3 | I. COMMUNICATION WITH CHAMBERS
Parties must contact Chambers immediately by telephone when deposition disputes cannot be resolved.
If the parties are unable to reach a satisfactory resolution, the parties are directed to contact Chambers immediately by telephone with all parties on the line. The Court Deputy will provide a conference line for the parties to reconvene on the record.
Page 7 | IV. DISPUTES DURING ONGOING DEPOSITIONS
Counsel should access docket sheet electronically for case questions; may call Clerk's Office for access assistance but cannot ask them to read the docket.
For case related questions, including deadlines and confirmation of conference dates, counsel should electronically access the docket sheet. Counsel may call the Clerk's Office at (718) 613-2610 for assistance accessing the docket sheet. Counsel shall not to ask the party answering the line to read the docket sheet for them.
Page 3 | I. COMMUNICATION WITH CHAMBERS
Voicemails to Chambers regarding deposition disputes must include case number and callback number.
If the parties leave a voicemail, the message must include the case number and a direct callback number for the Court staff to reach the parties conducting the deposition.
Page 7 | IV. DISPUTES DURING ONGOING DEPOSITIONS
Counsel or parties should contact chambers if, on the day of a scheduled court conference, the parties cannot appear due to an emergency
Counsel or parties should contact chambers if, on the day of a scheduled court conference, the parties cannot appear due to an emergency
Page 2 | I. COMMUNICATION WITH CHAMBERS - B. Telephone Calls and Case Related Inquiries - 2. Emergencies
Counsel may call chambers between 9 a.m. and 5 p.m. to inform that an adjournment request via ECF is forthcoming.
counsel may call (718) 804-2740 between 9 a.m. and 5 p.m. Eastern Time.
Page 3 | I. COMMUNICATION WITH CHAMBERS
Oral argument may be requested by letter accompanying motion papers.
Parties may request oral argument by letter accompanying moving, opposition, or reply papers.
Page 9 | E. Oral Argument
Junior Lawyer Participation Incentives
The Court strongly encourages participation of relatively inexperienced attorneys in court proceedings.
The Court strongly encourages participation of relatively inexperienced attorneys in all court proceedings, including but not limited to initial conferences, status conferences, settlement conferences, and hearings on discovery motions and dispositive motions.
Page 5 | D. Attorney Appearances
Multiple attorneys may argue for each party at oral argument.
The parties are not limited to one oralist per side. More than one person may speak on behalf of each party at oral argument, but the division of responsibility must be conducive to the orderly conduct of oral argument, and the person with the best knowledge of the issue is encouraged to speak to that side.
Page 9 | E. Oral Argument