Court Rules
district Judge
Verified Current10 days ago

Judge Nina R. Morrison

Eastern District of New York

Limits & Logistics

Document Limits

Memorandum Of Law
30 pgs
Lr 56 1 Statement
25 pgs
Local Rule 56 1 Statement
10 pgs
Motion In Limine
30 pgs

Courtesy Copies

Filings

Not Required

Adjournments

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Adversary Position
  • 5
    Proposed New Dates
  • 6
    Affects Other Dates
Notice Required
2Working Days
Notice Required
7Business Days

Must Include

  • 1
    Reason For Request
  • 2
    Opposing Party Consent

Communication

Letter Ecf

Chambers

No Status Inquiries
Letter Fax

Chambers

Advance Notice Required
Phone

Chambers

(718) 613-2194
Scheduling
No Case Substance, Status Inquiries
Email

Chambers

Emergencies

Magistrate Judge

No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationLettersSummary JudgmentMemorandaConferencesECF FilingTRO/Injunction

Detailed Drafting Rules

Document RequirementMandatory

Only relevant transcript pages cited in memoranda or affidavits may be filed.

Parties shall file only the pages of transcripts containing relevant testimony cited in the memoranda or affidavits.

Document Type

Transcript Excerpts

Specific requirements detailed in rule text.
Format RequirementMandatory

All written submissions must be text-searchable except for pro se litigants.

All written submissions and supporting materials, except those filed by pro se litigants, must be text-searchable to the extent practi- cable.

Applies When:Role Based Undefined
Required Format

PDF

Page 3
|Sec1.5
Document RequirementMandatory

In diversity cases, file 2-page letter within 14 days explaining citizenship basis.

In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party assert- ing the existence of such jurisdiction shall, within fourteen (14) days of the filing of the action or its removal from state court to federal court, file on ECF a letter no longer than two (2) pages explaining the basis for that party’s belief that diversity of citizenship exists, ad- dressing the citizenship of each party to the litigation. Where any party is a corporation, the letter shall state both the place of incorpo- ration and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or

Document Type

Diversity Citizenship Letter

Content & Formatting
Judge Name
Word Count
Case Number
Exhibit List
Legal Argument
Table Of Contents
Statement Of Facts
Table Of Authorities
Page 4
|Sec1.9
Communication ProtocolMandatory

All communications with chambers must be in writing on ECF with copies to non-ECF parties.

All communications with chambers shall be in writing and filed on ECF, with copies simultaneously delivered to all parties who do not receive automatic notification through ECF. Copies of correspondence between counsel shall not be sent to the Court.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 5
|Sec2.1. Written communications
Communication ProtocolImportant

Fax communications to court require prior authorization.

Parties may not communicate with the Court via fax without prior authorization.

Letter Fax

Direct to: Chambers

Requirements
  • Advance Notice Required
    prior_authorization
Page 5
|Sec2.1. Written communications
Communication ProtocolImportant

Telephone calls allowed for scheduling only; ex parte calls about case substance prohibited.

Parties are encouraged to communicate with the Court via written communication rather than by telephone. For docketing, scheduling, or calendar matters, please call Courtroom Deputy Freddie Valderrama at (718) 613-2194 or email Freddie_Valderrama@nyed.uscourts.gov. Calls to chambers with questions about these rules are permitted, but please review this document first. Ex parte telephone calls or emails to chambers about the substance of cases are not permitted.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Case Substance
  • Status Inquiries
Page 5
|Sec2.2. Telephone calls
Communication ProtocolNote

ECF submissions reviewed next business day; urgent matters require ECF filing plus call/email.

The Court will generally review ECF submissions the next business day after they are filed. If a submission requires immediate attention, please file on ECF and then call or email Judge Morrison's Courtroom Deputy.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 5
|Sec2.3. Urgent communications
Communication ProtocolNote

Various matters referred to Magistrate Judge including extensions, motions, discovery, and unsealing.

Unless the Court directs otherwise, the following matters are hereby referred to the assigned Magistrate Judge: 3.1.1. Extensions of time to serve, answer, or file amended pleadings; 3.1.2. Motions to amend pleadings; 3.1.3. Stipulated amendments to pleadings; 3.1.4. Stipulations transferring venue or remanding to state court; 3.1.5. Motions for admission pro hac vice; 3.1.6. Issuance of subpoenas and confidential or protective orders; 3.1.7. Discovery schedules and motions, including motions to quash subpoenas; 3.1.8. Unsealing orders; 3.1.9. Motions to be relieved as counsel or substituted as counsel; and 3.1.10. Requests for adjournments or extensions of time in arbitration or mediation proceedings.

Contact Method

Direct to: Magistrate Judge

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 6
|Sec3.1. Matters referred
Communication ProtocolNote

Attorneys must have authority consistent with proceeding and be prepared for all matters.

In any appearance, all attorneys must have authority consistent with the proceeding and should be prepared to address any matters likely to arise. For example, an attorney attending a pre-motion

Contact Method

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 6
|Sec4.1. Authority consistent with proceeding
Pre-Motion ProcedureMandatory

Pre-motion conference letter required (max 4 pages, 6 pages for Rule 56 motions).

To request a pre-motion conference, the moving party is to file and serve a pre-motion conference letter setting out the bases for the anticipated motion. The pre-motion conference letter shall not exceed four pages, except for pre-motion conference letters related to Rule 56 motions for summary judgment, which may not exceed six pages.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length4 pgs

Exemptions

Case: BankruptcyCase: Social SecurityCase: HabeasCase: Pro Se
Pre-Motion ProcedureMandatory

Pre-motion conference letter max 4 pages (6 pages for Rule 56 motions).

The pre-motion conference letter shall not exceed four pages, except for pre-motion conference letters related to Rule 56 motions for summary judgment, which may not exceed six pages.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length4 pgs

Exemptions

Case: BankruptcyCase: Social SecurityCase: HabeasCase: Pro Se
Pre-Motion ProcedureMandatory

Response to pre-motion conference letters (non-Rule 56) due within 5 business days, max 4 pages.

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, except for motions under Federal Rule of Civil Procedure 56. The response to all pre-motion conference letters other than those filed under Rule 56 shall not exceed four pages.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length4 pgs
Opposition Due5 days
Page 9
|Sec5.1.3
Pre-Motion ProcedureMandatory

Response to Rule 56 pre-motion conference letters due within 14 business days, max 6 pages.

Rule 56 motions. All parties served with the moving party's pre-motion conference letter are required to serve and file a letter response within fourteen (14) business days of service of the moving party's letter. Responses to pre-motion conference letters under Rule 56 shall not exceed six pages.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length6 pgs
Opposition Due14 days
Page 9
|Sec5.1.3.1
Page or Word LimitMandatory

Memoranda of law limited to 30 pages (support/opposition) and 15 pages (reply), excluding specified items.

Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 30 double-spaced pages, not including tables of contents, tables of authorities, exhibits, appendices, or attachments. Reply memoranda are limited to 15 double-spaced pages, not including tables of contents, tables of authorities, exhibits, appendices, or attachments.

Page 13
|Sec5.3.1
Format RequirementMandatory

Memoranda of law must use 12-point font (11-point footnotes), one-inch margins, text-searchable format, and date of service on cover.

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 and must have the date of service printed on the front cover.

Typography
Font FamilyOther
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Required Format

PDF

Page 13
|Sec5.3.2
Page or Word LimitMandatory

LR 56.1 statements limited to 25 pages (moving party) and twice that length (opposing party).

The moving party's Local Rule 56.1 statement may not exceed 25 double-spaced pages without prior permission of the Court. The opposing statement may not exceed twice the length of the moving party's statement.

Page 13
|Sec5.5.1.1
Document RequirementMandatory

Evidentiary citations with specific transcript pages required for submissions citing record material.

Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.

Document Type

Any Submission Citing Record Material

Content & Formatting
Evidentiary Citations
Specific Transcript Pages
Page 14
|Sec5.4
Format RequirementMandatory

Caselaw citations must use official reporters; Westlaw database preferred for non-official decisions.

Caselaw citations shall be to official case reporters. For decisions not available in official reporters, the Court requests citations to the Westlaw electronic case database when possible.

Page 13
|Sec5.3.2
Page or Word LimitMandatory

Local Rule 56.1 statements are limited to 10 double-spaced pages.

tion may not exceed 10 double-spaced pages.

Document RequirementMandatory

Multi-page documents must be paginated before trial.

Any document to be offered in evidence that contains multiple pages shall be paginated by counsel before trial, but any existing Bates stamping or other pagination may suffice.

Document Type

Exhibits

Specific requirements detailed in rule text.
Page 22
|Sec6.2.4.2
Bundling PolicyNote

Criminal motion rules follow Rules 5.2-5.5 but exclude page limits and bundling requirements.

Rules 5.2–5.5 apply to motions in criminal cases, except that the page limits for civil memoranda of law and Individual Rule 5.2.3 (the “bundling” rule) do not apply in criminal cases.

Filing Strategy

Bundling Policy

Bundling Encouraged
Applicable Motions
All
Communication ProtocolMandatory

Pro se litigants must communicate only in writing and keep contact info current.

A pro se litigant shall: 10.1.1. Only communicate with the Court in writing. 10.1.2. Ensure that contact information on file with the Court remains current. Failure to do so may result in dismissal of claims and/or entry of default judgment.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 26
|Sec10.1