Judge Rachel P. Kovner
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Adjournments
- Sentencing adjournment applications must be filed at least five business days before sentencing.
- Sentencing adjournment requests must be written, filed at least five business days before sentencing, and include the reason and the opposing party’s consent position (or reasons for non-consent).
- Adjournment or extension requests must be written and include specified background and scheduling details.
- When an adjournment or extension impacts other dates, revised dates should also be proposed.
- Adjournment requests made within 24 hours of an appearance must be filed on ECF and followed by a call to chambers.
Request must include
- Adjournment and extension requests must be made at least two working days in advance unless there is an emergency.
- Adjournment requests require at least 48 hours of advance notice.
Communication
Chambers
Chambers
Phone
Phone
Chambers
Page & Word Limits3 rules
25 pages for opening and opposition briefs; 10 pages for reply briefs.
Opening Brief
25 pages
Opposition Brief
25 pages
Reply Brief
10 pages
Support and opposition memoranda are capped at 25 double-spaced pages, excluding specified components.
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 double-spaced pages, not including tables of contents, tables of authorities, exhibits, appendices, or attachments.
Memorandum Of Law Support Or Opposition
25 pages
Reply memoranda are limited to 10 double-spaced pages, not
Reply Memorandum
10 pages
Document Format Requirements11 rules
Parties must follow the Court’s formatting and filing rules for Local Rule 56.1 statements and evidentiary filings.
provide the Court with three tabbed binders containing copies of all exhibits
Proposed orders, jury instructions, and similar proposed writings must be filed on ECF and emailed to chambers in PDF and Word format, with specified exceptions unless requested.
Proposed orders, jury instructions, and other writings a party requests that the Court adopt shall be filed on ECF and also provided via e-mail, in PDF and Microsoft Word format, to Kovner_Chambers@nyed.uscourts.gov. However, parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless specifically requested to do so.
Counsel must file all documents electronically.
Memoranda of law must use 12-point font (10-point footnotes), one-inch margins, be text-searchable, and show the date of service on the front cover.
All memoranda of law shall be produced in 12-point font, with footnotes in 10-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.
2. Requests to charge, proposed verdict sheets, and proposed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Microsoft Word formats no later than two weeks before trial, unless otherwise ordered by the Court.
Parties must deliver three tabbed exhibit binders before trial with pre-marked exhibits, unless the Court orders otherwise.
3. The parties shall provide the Court with three tabbed binders containing copies of all exhibits on the Friday before trial, unless otherwise ordered by the Court. All exhibits must be pre-marked for the trial and placed in binders with tabs. The plaintiff’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters.
All written submissions and supporting materials must be text-searchable, to the extent practicable.
Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.
Mandatory for proposed orders, jury instructions, and similar filings.
Document Filing Requirements21 rules
Required for all submissions that cite record material.
DocumentSubmission
File proposed findings of fact and conclusions of law ten days after trial. No responses permitted.
DocumentProposed Findings Conclusions
Pro se parties are exempt from e-filing, but represented parties in pro se cases must e-file and mail hard copies to the pro se litigant.
Pro se parties are exempt from electronic filing. Nevertheless, a party represented by counsel in a case involving a pro se litigant must still file all documents electronically on ECF and must also mail a hard copy of all documents to the pro se litigant.
DocumentAll Documents
Any filing styled as a “Letter” shall identify in its ECF header (i) the addressee and (ii) the subject matter.
DocumentLetter
Sur-replies require prior authorization.
DocumentSur Reply
Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.
DocumentSubmission
Except in pro se cases, the opposing party’s Local Rule 56.1 statement shall quote verbatim the moving party’s Local Rule 56.1 statement and respond to each allegation immediately beneath each allegation.
DocumentLocal Rule 56 1 Statement
Transcript exhibits must include cited relevant pages and enough context to satisfy Rule 106 completeness.
Parties shall file only the pages of transcripts containing relevant testimony cited in the memoranda or affidavits. However, excerpts must comply with Federal Rule of Evidence 106. Parties shall include the portion of the transcript necessary for completeness.
DocumentTranscript Excerpts
Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.
DocumentEvidentiary Filings
The exhibits shall be designated on ECF with short titles. E.g., “Ex. 1 – Doe Declaration,” rather than “Ex. 1.”
DocumentExhibits
Unless otherwise ordered by the Court, within 60 days of the completion of discovery in a civil case, the parties shall jointly submit to the Court a proposed Pretrial Order, which shall include the following:
DocumentPretrial Order
1. Caption: The full caption of the action.
DocumentPretrial Order
The pretrial order must include detailed witness lists, and unlisted witnesses are generally barred absent prompt notice and good cause.
8. Witnesses: A list of fact and expert witnesses whose testimony is to be offered in each party’s case in chief, along with the address of each witness and a brief narrative statement of the expected testimony of each witness. Only listed witnesses will be permitted to testify, except when prompt notice has been given and upon good cause shown.
DocumentPretrial Order
The pretrial order must include an exhibit schedule with specified labeling rules, and only listed exhibits are admissible absent good cause.
11. Exhibits: A schedule listing exhibits to be offered into evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should not include exhibits that a party intends to use solely for impeachment and/or rebuttal purposes. Copies of statements proposed to be read to the jury as “learned treatises” under Federal Rule of Evidence 803(18) shall be listed as exhibits. The plaintiff’s exhibits shall be identified by numbers, and the defendant’s exhibits shall be identified by letters. Except for good cause shown, only exhibits listed will be received into evidence.
DocumentPretrial Order
When counsel anticipates that a witness will refer to documentary evidence during his or her direct testimony, counsel shall have (i) two copies of each document for the Court, and (ii) at least one copy each for the court reporter, each present opposing counsel, and each juror.
DocumentDocumentary Evidence
In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than ten days after the conclusion of trial. Responses to such submissions are not permitted.
DocumentProposed Findings Conclusions
Provide pro se litigants with a copy of this Court’s individual rules and file a certificate of service as early as practicable in the litigation.
DocumentCertificate
Identify the addressee and subject matter in the ECF header.
DocumentLetter
Legal arguments should be reserved for the memoranda of law.
DocumentLocal Rule 56 1 Statement
Moreover, when preparing the record, the respondent shall include either a table of contents or an index of the record’s contents.
DocumentHabeas Record
Parties may request oral argument by noting “Oral Argument Requested” below the docket number on the moving or opposing papers.
DocumentMotion Or Opposition Papers
Filing & Service rules
Courtesy Copy Requirements
Physical courtesy copies of bundled motions should not be submitted unless the Court specifically directs otherwise.
Courtesy Copies: Please do not submit physical copies of bundled motions to the Court unless otherwise directed. Such copies are unnecessary. Electronic submissions suffice.
Page 8 | B. Briefing Schedule
Sealing & Redaction Procedures
Sealed filings must be filed on ECF as sealed documents.
File on ECF as sealed document.
Page 1 | Court Filings
A party filing under seal must file both the proposed sealed document(s) and a sealing motion on ECF according to EDNY instructions.
Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion on ECF in accordance with the instructions on the Eastern District’s website at:
Page 4 | I.B Filing Under Seal
Filing Bundling Requirements
Under the Bundling Rule, movants serve full motion papers but file only a cover letter on ECF, and that cover-letter filing preserves timeliness.
The moving papers shall be served on all parties but only a copy of the movant’s cover letter shall be filed via ECF, and designated as a Letter. The filing of the cover letter within the time period prescribed by any federal statute or rule relating to the filing of motions shall constitute timely filing of the motion within the meaning of such statute or rule, and as required by Federal Rule of Civil Procedure 5(d)(1).
Page 7 | B. Briefing Schedule
Noncompliance with the Bundling Rule leads to termination of the motion without prejudice.
Failure to abide by the Bundling Rule shall result in the termination of the motion without prejudice to refiling in compliance therewith.
Page 8 | B. Briefing Schedule
Once briefing is complete, the movant must file all papers on ECF and label each filing by document type.
After the motion has been fully briefed (i.e., the moving papers, opposition papers, and reply papers, if any, have been served), the moving party shall file all of the papers on ECF. Each paper shall be clearly denominated on ECF as a motion, memorandum, affidavit, etc.
Page 8 | B. Briefing Schedule
Opposition papers are served but only the opposition cover letter is filed on ECF as a Letter.
Opposition papers shall be served on all parties, but only a copy of the opponent’s cover letter shall be filed via ECF. That filing shall be designated as a Letter on ECF.
Page 8 | B. Briefing Schedule
Bundled summary judgment motions must be filed in a four-entry ECF sequence with specified contents.
When filing a bundled motion for summary judgment, the papers shall be filed in four docket entries. The first shall contain the Notice of Motion. The second shall contain (i) the memorandum in support, (ii) the Local Rule 56.1 statement, (iii) the declaration listing the exhibits, (iv) the exhibits (each uploaded as a separate attachment). The third shall contain the nonmovant’s filings in the same order. The fourth shall contain the reply.
Page 8 | B. Briefing Schedule
Parties are required to comply with the Court's bundling rule.
Parties must follow the Court’s bundling rule.
Page 2 | Motions
Specified motion categories and pro se cases are exempt from the Bundling Rule.
The Bundling Rule does not apply to the following motions: (1) Motions for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2); (2) Post-trial and/or post-judgment motions under Rules 50(b) (for judgment as a matter of law), 52(b) (to amend or make additional findings), 59 (for a new trial) and 60 (for relief from a final judgment, order, or proceeding); (3) Motions for attorney’s fees pursuant to Rule 54(d)(2), if the motion is made before a notice of appeal has been filed and the Court has extended the time to appeal under Rule 58(e); and (4) Motions filed in cases where a party is proceeding pro se.
Page 8 | B. Briefing Schedule
Pre-Motion Conference Requirements
Pre-motion conferences are required for specified civil motions, with explicit exemptions for certain case categories and pro se matters.
Required for motions under Fed. R. Civ. P. 12 or 56, motions to change venue, and motions to amend pleadings pursuant to Fed. R. Civ. P. 15 if leave of the Court is required, in all cases except bankruptcy appeals, social security appeals, habeas cases, or cases in which one or more parties are proceeding pro se.
Page 2 | Motions
Except in listed exempt case categories, pre-motion conferences are required before specified Rule 12, Rule 56, venue-change, and Rule 15 leave motions.
Pre-motion conferences are not required in bankruptcy appeals, social security appeals, habeas cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference before filing: a) Any motion pursuant to Federal Rule of Civil Procedure 12 or 56; b) Any motion for a change of venue; or c) A motion to amend a pleading pursuant to Rule 15 when leave of court is required.
Page 6 | Pre-Motion Conferences
A pre-motion conference request must be made by a served letter of no more than three pages explaining the anticipated motion basis.
To request a pre-motion conference, the moving party is to file and serve a letter, not to exceed three pages, setting out the bases for the anticipated motion.
Page 6 | Pre-Motion Conferences
Rule 56 pre-motion letters must include the movant’s Local Rule 56.1 statement.
If the motion is for summary judgment under Rule 56, the movant’s pre-motion conference letter must also include a copy of the movant’s Local Rule 56.1 statement.
Page 6 | Pre-Motion Conferences
Parties receiving a pre-motion-conference letter must file a response within five business days, limited to three pages.
All parties served with the moving party’s pre-motion-conference letter are required to serve and file a letter response within five business days of service of the moving party’s letter. The response shall not exceed three pages.
Page 7 | Motions
For proposed Rule 56 motions, the response pre-motion letter must include a Local Rule 56.1 counterstatement.
If the movant is seeking to file a motion for summary judgment under Rule 56, the nonmovant’s response letter must include the nonmovant’s Local Rule 56.1 counterstatement.
Page 7 | Motions
Motions in limine must be filed 30 days before trial and responses are due two weeks later, unless the Court orders otherwise.
1. Any motions addressing evidentiary or other issues that should be resolved in limine shall be filed 30 days before the commencement of trial, unless otherwise ordered by the Court. Any responses are due two weeks after the motions are filed.
Page 12 | V. Pretrial Procedures - B. Filings Prior to Trial in Civil and Criminal Cases
Briefing schedules are set at the pre-motion conference when applicable.
The Court will set the briefing schedule at the pre-motion conference as applicable.
Page 2 | Motions
If the Court holds a pre-motion conference, the Court will set a briefing schedule at the conference. Parties should anticipate a briefing schedule that will require the movant to file the motion within a short time after the pre-motion conference.
If the Court holds a pre-motion conference, the Court will set a briefing schedule at the conference. Parties should anticipate a briefing schedule that will require the movant to file the motion within a short time after the pre-motion conference.
Page 7 | B. Briefing Schedule
A party may bypass pre-motion timing requirements to protect a substantive right if it files within federal deadlines and explains the basis.
If a party wishing to file a motion concludes in good faith that delaying the filing of the motion in order to comply with the pre-motion conference requirements or any other aspect of these individual practices will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the party’s conclusion.
Page 7 | Motions
The Court may dispense with a pre-motion conference and set a briefing schedule directly.
The Court may determine after a pre-motion conference request is filed that such a conference is unnecessary and may set a briefing schedule without holding a conference.
Page 7 | B. Briefing Schedule
Adjournment & Extension Requirements
Adjournment requests require at least 48 hours of advance notice.
Provide at least 48 hours’ notice.
Page 1 | Court Filings
Sentencing adjournment applications must be filed at least five business days before sentencing.
Due at least five business days before the date of sentencing.
Page 2 | Sentencing
Adjournment requests made within 24 hours of an appearance must be filed on ECF and followed by a call to chambers.
Any party seeking an adjournment of a court appearance within 24 hours of the appearance shall file its adjournment request on ECF and then call chambers to advise the Court of the request.
Page 5 | Requests for Adjournments or Extensions of Time
Adjournment or extension requests must be written and include specified background and scheduling details.
All requests for adjournments or extensions of time relating to matters not referred to a Magistrate Judge (see Rule III) must be in writing and state (i) the reason for the request; (ii) the original date; (iii) the number of previous requests for adjournments or extensions; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; and (vi) proposed date(s) for adjournment or extension of time.
Page 5 | Requests for Adjournments or Extensions of Time
Adjournment and extension requests must be made at least two working days in advance unless there is an emergency.
Absent an emergency, requests for adjournments of court appearances and extensions of filing deadlines shall be made at least two working days prior to the scheduled appearance or filing deadline.
Page 5 | Requests for Adjournments or Extensions of Time
Sentencing adjournment requests must be written, filed at least five business days before sentencing, and include the reason and the opposing party’s consent position (or reasons for non-consent).
Applications regarding sentencing adjournments shall be made in writing at least five business days prior to the date of sentencing and must state the reason for the request and whether the opposing party consents. If the opposing party does not consent, the application for adjournment must provide the reasons given by the opposing party for declining to consent.
Page 10 | Sentencing
When an adjournment or extension impacts other dates, revised dates should also be proposed.
If the requested adjournment or extension affects any other scheduled dates, the party seeking the adjournment should propose revisions of the additional affected dates.
Page 5 | Requests for Adjournments or Extensions of Time
Chambers Communication Rules
Written communications with chambers must be filed on ECF.
File on ECF.
Page 1 | Communications with Chambers
Urgent communications must be made to chambers by telephone.
Contact chambers by telephone.
Page 1 | Communications with Chambers
Parties must email chambers at the specified address when submitting proposed orders, jury instructions, and similar proposed writings.
Proposed orders, jury instructions, and other writings a party requests that the Court adopt shall be filed on ECF and also provided via e-mail, in PDF and Microsoft Word format, to Kovner_Chambers@nyed.uscourts.gov.
Page 4 | I.C Word-Processing Files of Proposed Orders, Jury Instructions, and Similar Filings
Ex parte phone calls to chambers about case substance are prohibited.
Ex parte telephone calls to chambers about the substance of cases are not permitted.
Page 5 | Telephone Calls
Communications to chambers must be written and filed on ECF, with copies to non-ECF-notified parties, and counsel-to-counsel correspondence should not be sent to the Court.
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.
Page 5 | Written Communications with Chambers
Parties must email any plea agreement to Courtroom Deputy Tsz Chan at least three days before a change-of-plea hearing.
The parties must provide the Court with a copy of any plea agreement at least three days before a change-of-plea hearing. The plea agreement should be sent by email to Courtroom Deputy Tsz Chan at the address Tsz_Chan@nyed.uscourts.gov.
Page 10 | Guilty Pleas
Phone calls to chambers for docketing, scheduling, or calendar issues should be directed to Tsz Chan at the listed number.
For docketing, scheduling, or calendar matters, please call Tsz Chan at (718) 613-2455.
Page 1 | Communications with Chambers
ECF filing assistance must be sought through the ECF helpline, not chambers staff.
Chambers staff cannot help with filing via ECF. For ECF assistance, please call the ECF helpline at (718) 613-2285.
Page 4 | I.A Electronic Case Filing (ECF)
If a submission requires immediate attention, please notify chambers by telephone after filing on ECF.
If a submission requires immediate attention, please notify chambers by telephone after filing on ECF.
Page 5 | Urgent Communications
If the defendant intends to waive the indictment and plead guilty to an information at the change-of-plea hearing, a copy of the information should also be provided to the Court at least three days before the hearing. The information should be sent by email to Tsz_Chan@nyed.uscourts.gov.
If the defendant intends to waive the indictment and plead guilty to an information at the change-of-plea hearing, a copy of the information should also be provided to the Court at least three days before the hearing. The information should be sent by email to Tsz_Chan@nyed.uscourts.gov.
Page 10 | Guilty Pleas
Pro se litigants may communicate with the Court only in writing.
Only communicate with the Court in writing.
Page 13 | Pro Se Litigants
Telephone contact with the courtroom deputy is authorized for docketing, scheduling, and calendar matters.
For docketing, scheduling, or calendar matters, please call Courtroom Deputy Tsz Chan at (718) 613-2455.
Page 5 | Telephone Calls
Junior Lawyer Participation Incentives
Oral argument is more likely when the arguing attorney has fewer than five years of experience.
Parties may request. Higher likelihood if arguing attorney has less than five years of experience.
Page 2 | Motions
Notifying the Court that arguing counsel has under five years of experience increases the likelihood of oral argument.
The likelihood of oral argument is increased if a party notifies the Court that the attorney who will argue the motion or opposition has less than five years of experience as a licensed attorney.
Page 10 | Oral Argument on Motions