Judge Orelia E. Merchant
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings (>25 pages)
Required
Filings
Required
Filings (All filings)
Required
Filings (>50 pages)
Required • Binding: Tabbed Three Ring
Filings (Attorney filings)
Required
Filings (Exhibits)
Required • Binding: Tabbed Three Ring
Adjournments
Must Include
- 1Original Date
- 2Reason For Request
- 3Number Of Previous Requests
- 4Previous Requests Granted Or Denied
- 5Adversary Position
- 6Affects Other Dates
- 7Proposed New Dates
- 8Proposed Rescheduled Date
Communication
Letter Ecf
Chambers
Phone
Clerk
Chambers
Letter Fax
Chambers
Phone
Chambers
Phone
Clerk
Chambers
Detailed Drafting Rules
Communications with chambers must be filed in writing on ECF and simultaneously provided to parties not receiving ECF notifications.
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.
Letter via ECF
Direct to: Chambers
Docketing, scheduling, and calendar issues should be handled by phone with the courtroom deputy.
For docketing, scheduling, or calendar matters, call Tasheana Lubin at (718) 613-2465.
Email and fax communications to chambers require prior authorization unless otherwise provided.
Except as provided in these Rules, emails and faxes to chambers are permitted only if prior authorization is obtained.
Direct to: Chambers
- Advance Notice Requiredprior authorization is obtained
Any fax to chambers should be sent to all counsel at the same time and then docketed electronically.
All faxes should be simultaneously provided to all counsel and followed with an electronic filing.
Letter Fax
Direct to: Chambers
Parties should not contact chambers for ECF registration, filing, or technical questions.
Parties are advised not to contact chambers with questions regarding ECF registration, filing, or other technical issues.
Phone
Direct to: Chambers
For sealed ECF filing help, parties should call the ECF help desk.
For help e-filing under seal, contact the ECF help desk at (718) 613-2610.
Urgent submissions require a post-filing telephone notification to chambers.
If your submission requires immediate attention, please notify chambers by telephone after you file via ECF.
Phone
Direct to: Chambers
- Advance Notice Requiredafter you file via ECF
Two courtesy copies are required for ECF submissions of 25 pages or more, including exhibits and attachments.
All written submissions filed on ECF that are 25 pages in length or more (inclusive of any exhibits or attachments).
Courtesy Copies Required
Logistics
Courtesy-copy submissions of 50+ pages must be in one tabbed three-ring binder, with maximum 2-inch size and labeled cover/spine.
For submissions 50 pages in length or more, all documents comprising a submission (i.e.: memorandum, declarations, exhibits, etc.) must be submitted together, in a single three-ring binder with appropriately labeled tabs. Binders must be appropriately sized for their contents—0.5, 1, 1.5, or 2 inches—but must not exceed 2 inches. Binder covers and spines must identify the case name, docket number, and the binder’s contents.
Courtesy Copies Required
Logistics
Appearance
For submissions of 50 pages or more, all components of the submission must be bundled together in one binder.
For submissions 50 pages in length or more, all documents comprising a submission (i.e.: memorandum, declarations, exhibits, etc.) must be submitted together, in a single three-ring binder with appropriately labeled tabs.
Filing Strategy
Bundling Policy
All documents comprising the submission must be submitted together in a single binder when the submission is 50 pages or more.
Proposed orders, jury instructions, and similar proposed writings should be submitted to chambers in Word format.
Proposed orders, jury instructions, and other such writings a party wishes the Court to adopt should be submitted to chambers in Microsoft Word format as well as filed on ECF in PDF format.
DOCX
Word-processing files may be sent to chambers by email at the listed address.
Counsel may send the files to: Merchant_Chambers@nyed.uscourts.gov.
Direct to: Chambers
Written submissions and supporting materials must be text-searchable where practicable.
All written submissions and supporting materials, to the extent practicable, must be text-searchable.
Adjournment requests made within 48 hours of an appearance must include a telephone call to chambers.
Any adjournment of a court appearance being requested within 48 hours of the appearance shall be accompanied by a telephone call to chambers advising the Court of the request.
Phone
Direct to: Chambers
- Advance Notice RequiredTelephone call required when requesting adjournment of a court appearance within 48 hours of the appearance.
Pre-motion request letters are limited to 3 pages, and response letters are also limited to 3 pages and due within 7 days.
To request a pre-motion conference, the moving party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties served shall serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
For TRO requests, the moving party must email chambers with filing notice and requested timing for court action.
The moving party must email Chambers giving notice of the filing and the time frame requested for Court action.
Direct to: Chambers
For time-sensitive matters, counsel may call Chambers if no response is received within three hours, and the call must occur before business day end.
If the matter is time sensitive and Chambers does not respond within three (3) hours, the movant may call Chambers before the end of the business day.
Phone
Direct to: Chambers
- Advance Notice RequiredCall only if Chambers does not respond within three (3) hours.
- Hoursbefore the end of the business day
Support/opposition memoranda are capped at 25 pages and reply memoranda at 10 pages, with specified exclusions and formatting requirements.
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. These page limits are exclusive of tables of contents, tables of authorities, appendices, and attachments. Parties should use Times New Roman 12-point font and one-inch margins.
Memoranda for reconsideration motions are limited to 10 pages.
Memoranda in support of or in opposition to motions for reconsideration, however, are limited to ten (10) pages.
Memoranda of at least 10 pages must include both a table of contents and table of authorities.
Memoranda of 10 pages or more shall contain a table of contents and table of authorities.
Document Type
Memorandum Of Law
A civil appeal of a magistrate discovery determination must be a letter limited to three pages.
Any appeal of a magistrate judge’s discovery determination must be in the form of a letter not exceeding three (3) pages in length.
A clean proposed joint pretrial order must be emailed to chambers at the same time it is filed on ECF.
A clean version of the proposed joint pretrial order shall be sent to Chambers email concurrently with the version filed on ECF.
Direct to: Chambers
- Advance Notice Requiredconcurrently with the version filed on ECF
Joint pretrial orders must use double spacing, one-inch margins, and 12-point Times New Roman font.
Joint pretrial orders must be double spaced with one-inch margins, using Times New Roman 12-point font, and must include the following information:
Jury instructions, proposed verdict sheets, and proposed voir dire questions should be emailed to Chambers at least 15 days before trial unless the Court orders otherwise.
Unless otherwise ordered by the Court, jury instructions, proposed verdict sheets, and proposed voir dire questions in jury cases should be submitted directly to the Chambers’ inbox in not later than 15 days before trial in word-processor format.
Direct to: Chambers
- Advance Notice Requirednot later than 15 days before trial
Multipage evidence documents must be paginated before trial, though existing Bates or other pagination is acceptable.
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.
In criminal cases, AUSAs must call chambers at the listed number when a new case is assigned so an initial pretrial conference can be scheduled.
Pretrial Conference in Criminal Cases: Assistant United States Attorneys are responsible for informing chambers by calling Case Manager Tasheana Lubin at (718) 613-2465 when a new case has been assigned to Judge Merchant. Upon such notification, an initial pretrial conference will be scheduled.
If exhibit volume makes the binder requirement impracticable, parties should call chambers at least 10 business days before trial for courtesy-copy instructions.
If in the judgment of the parties the volume of exhibits makes this requirement impracticable, please call chambers at least 10 business days before trial for instructions on how to submit courtesy copies of the exhibits.
Phone
Direct to: Chambers
- Advance Notice Requiredat least 10 business days before trial