Court Rules
Common questions about Judge Orelia E. Merchant's rules

Are courtesy copies required for Judge Orelia E. Merchant?

Courtesy copies are required when a filing is >= 25 pages. Details: 2 copies, delivery upon filing, by chambers drop off. Two courtesy copies are required for ECF submissions of 25 pages or more, including exhibits and attachments.

View ruleSource: page 3, section Courtesy Copies

Does Judge Orelia E. Merchant require a pre-motion conference or letter before filing a motion?

Judge Orelia E. Merchant's rules set a pre-motion procedure for rule 12, rule 56, venue change, compel arbitration, and remand. In civil cases, represented movants must request a pre-motion conference before filing specified non-discovery motions, with listed case-type exceptions.

View ruleSource: page 6, section Pre-motion Conference Requests in Civil Cases

What page or word limits apply to memorandum of law before Judge Orelia E. Merchant?

Judge Orelia E. Merchant's rule states these limits: 25 pages; 10 pages. Excludes table of contents, table of authorities, appendices, and attachments. Support/opposition memoranda are capped at 25 pages and reply memoranda at 10 pages, with specified exclusions and formatting requirements.

View ruleSource: page 9, section F. Memoranda of Law

What page or word limits apply to memorandum of law before Judge Orelia E. Merchant?

Judge Orelia E. Merchant's rule states these limits: 10 pages. Memoranda for reconsideration motions are limited to 10 pages.

View ruleSource: page 9, section F. Memoranda of Law

What formatting rules apply to filings before Judge Orelia E. Merchant?

Judge Orelia E. Merchant's formatting rule includes file format PDF and efiled. All non-video/audio evidence, including images, must be converted to PDF and electronically filed.

View ruleSource: page 2, section CASE FILINGS

What must be included with correspondence filings before Judge Orelia E. Merchant?

The rule requires caption, judge name, and case number. Correspondence must identify counsel’s side and include case name, docket number, and assigned judge initials.

View ruleSource: page 1, section COMMUNICATIONS WITH CHAMBERS

What must be included with cover letter filings before Judge Orelia E. Merchant?

The rule identifies required filing content or certificates. A cover letter describing submitted video/audio evidence must be filed on ECF.

View ruleSource: page 2, section CASE FILINGS

How may parties contact Judge Orelia E. Merchant's chambers?

Parties may contact Judge Orelia E. Merchant's chambers by letter ecf only as allowed by the rule. Communications with chambers must be filed in writing on ECF and simultaneously provided to parties not receiving ECF notifications.

View ruleSource: page 1, section COMMUNICATIONS WITH CHAMBERS

How does Judge Orelia E. Merchant handle sealed or redacted filings?

Judge Orelia E. Merchant's rules set procedures for sealed or redacted filings. Criminal sealed-filing procedures are provided in the referenced EDNY instruction document.

View ruleSource: page 3, section CASE FILINGS

How do I request an adjournment or extension before Judge Orelia E. Merchant?

Judge Orelia E. Merchant's rules specify what an adjournment or extension request must include. The request must include original date, reason for request, number of previous requests, previous requests granted or denied, and adversary position. Adjournment or enlargement requests must be written ECF filings and include specified background and consent information.

View ruleSource: page 4, section Requests for Adjournments or Enlargement of Time

Does Judge Orelia E. Merchant require motion papers to be bundled?

Yes. Judge Orelia E. Merchant requires bundling for covered papers. For submissions of 50 pages or more, all components of the submission must be bundled together in one binder.

View ruleSource: page 3, section Courtesy Copies
Complete rules summary for Judge Orelia E. Merchant

Communications with chambers must be filed in writing on ECF and simultaneously provided to parties not receiving ECF notifications.

Correspondence must identify counsel’s side and include case name, docket number, and assigned judge initials.

Docketing, scheduling, and calendar issues should be handled by phone with the courtroom deputy.

Email and fax communications to chambers require prior authorization unless otherwise provided.

Any fax to chambers should be sent to all counsel at the same time and then docketed electronically.

ECF filing is mandatory for civil (except pro se) and criminal cases.

Parties should not contact chambers for ECF registration, filing, or technical questions.

Criminal sealed-filing procedures are provided in the referenced EDNY instruction document.

Large video or audio exhibits cannot be submitted by email, USB, or CD.

A cover letter describing submitted video/audio evidence must be filed on ECF.

All non-video/audio evidence, including images, must be converted to PDF and electronically filed.

In pro se cases, represented parties must e-file and serve copies on pro se litigants.

A motion for leave is required and must be filed via ECF to file documents under seal.

A sealing motion must include a cover letter stating reasons and include the document sought to be sealed, restricted, or redacted.

For redacted filings, parties must submit both versions together or provide an unredacted version with visible highlighted proposed redactions.

Civil sealed-filing procedures are provided in the referenced EDNY instruction document.

For sealed ECF filing help, parties should call the ECF help desk.

Urgent submissions require a post-filing telephone notification to chambers.

Two courtesy copies are required for ECF submissions of 25 pages or more, including exhibits and attachments.

Two courtesy copies are required regardless of length for motions to dismiss, summary judgment, compel arbitration, and remand.

Courtesy copies should include the ECF-stamped version, or otherwise be prominently labeled with the specified notice.

Courtesy copies must be double-sided and bound on the left side.

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 of 50 pages or more, all components of the submission must be bundled together in one binder.

Proposed orders, jury instructions, and similar proposed writings should be submitted to chambers in Word format.

Word-processing files are not required for dismissal or settlement stipulations unless chambers specifically requests them.

Word-processing files may be sent to chambers by email at the listed address.

Written submissions and supporting materials must be text-searchable where practicable.

Adjournment or enlargement requests must be written ECF filings and include specified background and consent information.

If other scheduled dates are impacted, adjournment/enlargement requests must include proposed revised dates.

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