Judge Nina Gershon
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
Motion, Exhibits
Adjournments
- Adjournment/extension requests must include original date, number of prior requests, their disposition, and adversary consent status.
- Adjournments/extensions affecting other dates require attached proposed Revised Scheduling Order.
Request must include
- Adjournment of court appearance requires 48 hours notice unless emergency.
Communication
Phone
Chambers
Phone
Page & Word Limits2 rules
Opening/opposition memoranda limited to 25 pages, reply to 10 pages, double-spaced; Times New Roman 12pt with 1-inch margins; TOC/TOA required for 10+ page memos.
Unless prior permission has been granted, memoranda of law in support of or in opposition to motions are limited to 25 pages, double-spaced, and reply memoranda are limited to 10 pages, double-spaced. Use Times New Roman 12-point font and one-inch margins. All memoranda 10 pages or longer shall contain a table of contents and table of authorities.
25 pages
Opposition
25 pages
Reply
10 pages
Requests to exceed page limits must be made 5 days before due date (1 day for reply briefs).
Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the written request must be made at least one day prior to the due date.
Brief
Document Format Requirements2 rules
Use Times New Roman 12-point font and one-inch margins.
When feasible, proposed jury charges should also be submitted in Microsoft Word or PDF format.
Document Filing Requirements6 rules
Movant must file cover letter specifying served papers as a letter (not motion) at time of service.
Parties are to serve their motion papers on all parties, along with a cover letter specifying the papers being served, in accordance with deadlines specified in the briefing schedule. At the time of service, the movant shall file a copy of the cover letter used to transmit the movant's opening motion papers. The letter must be filed as a letter, not as a motion.
DocumentLetter
Joint pretrial orders due 60 days after discovery completion, unless summary judgment motion pending.
In civil cases, joint pretrial orders are due 60 days from the date of completion of discovery, unless otherwise ordered by the Court or unless at least one party seeks summary judgment by filing a pre-motion conference letter in anticipation of such a motion. If at least one party files such a letter, the Court will set a deadline for the filing of a joint pretrial order, if needed, after its resolution of the motion for summary judgment.
DocumentJoint Pretrial Order
In non-jury cases, a statement of the elements of each claim or defense involving such party, together with a summary of the facts relied upon to establish each element
Requests to charge and voir dire questions due Thursday before trial in jury cases.
Unless otherwise ordered by the Court, each party shall file, 15 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the final pretrial order if no trial date has been fixed: i. On the Thursday before trial in jury cases, requests to charge and proposed voir dire questions.
DocumentJury Instructions
Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.
DocumentOral Argument Request
Joint pretrial order must include caption, counsel info, jurisdictional statements, claims summary, damages, jury demand, witness lists, deposition designations, stipulations, and exhibit schedules.
The joint pretrial order shall include the following: i. The full caption of the action. ii. The names, addresses (including firm names), and telephone and fax numbers of trial counsel. iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. iv. A brief summary by each party of the claims and defenses that party has asserted which remain to be tried. v. A brief statement of the categories and amounts of damages claimed or other relief sought. vi. A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. viii. Any stipulations or agreed statements of fact or law. ix. A list of names and addresses of all witnesses, including possible witnesses who will be called only for impeachment or rebuttal purposes. x. A designation by each party of deposition testimony to be offered. xi. A statement of stipulated facts; A schedule listing exhibits to be offered in evidence. All exhibits must be premarked for the trial and exchanged with the other parties at least ten days before trial. Where exhibits are voluminous, they should be placed in binders with tabs.
DocumentJoint Pretrial Order
Filing & Service rules
Courtesy Copy Requirements
Hard copies of motion papers and exhibits must be provided to chambers marked as courtesy copies with ECF document number; letters and stipulations exempt.
Hard copies of all motion papers, including exhibits, filed electronically must be provided to chambers. All such papers must be clearly marked ACourtesy Copy,@ and AOriginal Filed by ECF.@ The document number that ECF assigns to the document should be indicated on the lower right corner of the courtesy copy. It is unnecessary to provide chambers with hard copies of other electronically filed documents, such as letters and stipulations.
Page 1 | Electronic Case Filing (ECF) For Civil and Criminal Cases
Parties filing voluminous and non-text exhibits that are impracticable to file electronically, should, if possible, submit a Portable Document Format (PDF) or Microsoft Word version by email to the Court. Counsel should contact chambers to obtain an email address to which the files may be sent. For exhibits that cannot be electronically filed, or submitted in PDF or Microsoft Word, submit the original to Clerk=s Office for filing, and a courtesy copy to chambers.
Parties filing voluminous and non-text exhibits that are impracticable to file electronically, should, if possible, submit a Portable Document Format (PDF) or Microsoft Word version by email to the Court. Counsel should contact chambers to obtain an email address to which the files may be sent. For exhibits that cannot be electronically filed, or submitted in PDF or Microsoft Word, submit the original to Clerk=s Office for filing, and a courtesy copy to chambers.
Page 1 | Electronic Case Filing (ECF) For Civil and Criminal Cases
Moving party must provide courtesy copies to chambers with cover letter listing documents; copy to magistrate and opposing counsel.
The original moving party shall be responsible for furnishing to chambers a full set of courtesy copies of the motion papers together with a cover letter specifying each document in the package. A copy of the cover letter shall be sent to the assigned magistrate judge and to opposing counsel.
Filing Bundling Requirements
Motion papers must be bundled and filed only when fully briefed (hold until fully briefed), except for reconsideration and Rule 4(a)(4)(A) motions.
Except for motions for reconsideration and motions described at Fed. R. App. P. 4(a)(4)(A), no motion papers shall be filed with the court until the motion has been fully briefed, at which time the moving party shall file a complete set of all motion papers.
Page 2 | Motions
Pre-Motion Conference Requirements
Pre-motion conference letter limited to 3 pages; response letter limited to 3 pages within 7 days.
To arrange a pre-motion conference, the moving party shall serve and file a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties so served must serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.
Page 2 | Motions
Pre-motion conference required for dispositive motions and venue change motions (except discovery motions, habeas/prisoner cases, Social Security/Bankruptcy appeals).
For motions other than discovery motions, in all cases where the parties are represented by counsel and in other than habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference with the court is required before making any dispositive motion, or motion for a change of venue.
Page 2 | Motions
Parties cannot serve motion papers until court approves the briefing schedule.
No party is to serve any motion papers prior to obtaining court approval for the schedule.
Motions for reconsideration and Fed. R. App. P. 4(a)(4)(A) motions do not require pre-motion conference.
Motions for reconsideration and motions described at Fed. R. App. P. 4(a)(4)(A) should be made without a pre-motion conference.
Page 2 | Motions
Briefing schedule approval can be granted at pre-motion conference or by letter.
Approval may be given at the pre-motion conference or by subsequent letter.
Adjournment & Extension Requirements
Adjournment of court appearance requires 48 hours notice unless emergency.
If the request is for an adjournment of a court appearance, absent an emergency it shall be made at least 48 hours prior to the scheduled appearance.
Page 1 | Communications With Chambers
Adjournments/extensions affecting other dates require attached proposed Revised Scheduling Order.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling order must be attached.
Page 1 | Communications With Chambers
Adjournment/extension requests must include original date, number of prior requests, their disposition, and adversary consent status.
All requests for adjournments or extensions of time must state: (1) the original date; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Page 1 | Communications With Chambers
Chambers Communication Rules
Except as provided below, communications with chambers shall be by letter filed on ECF.
Except as provided below, communications with chambers shall be by letter filed on ECF.
Page 1 | Communications With Chambers
Telephone calls to chambers permitted only in emergency situations requiring immediate attention.
Except as provided in Paragraph 2(D)below, telephone calls to chambers are permitted only in emergency situations requiring immediate attention.
Page 1 | Communications With Chambers
For docketing/scheduling/calendar matters, call chambers during specified hours (8:30 AM - 4:30 PM).
For docketing, scheduling, and calendar matters, call the contact listed above during the hours specified.
Page 1 | Communications With Chambers