Judge Raymond J. Dearie
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 1 copy
Motion
- When Fully Briefed
Adjournments
- Adjournment or extension requests must include specific prior-request and adversary-position details, and include a revised scheduling order if other dates are affected.
Request must include
- Requests to adjourn a court appearance must be made at least 48 hours in advance unless there is an emergency.
- If a request for an extension of time is being made without the consent of all parties, it should be made at least one week before the due date.
Communication
Phone
Chambers
Phone
Phone
Clerk
Page & Word Limits2 rules
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, not including appendices and attachments; reply memoranda are limited to 10 pages.
Support Or Opposition Memorandum
25 pages
Reply Memorandum
10 pages
Objections to the Reports and Recommendations of Magistrate Judges, and responses to objections, are limited to 15 pages.
Objections To Report And Recommendation
15 pages
Document Format Requirements2 rules
Voluminous exhibits should be placed in binders with tabs.
Parties should also submit a joint proposed jury charge on a disk in Word Perfect format.
Word Perfect
Document Filing Requirements10 rules
The notice of motion shall state that the oral argument will be held “on a date and at a time to be designated by the court.”
DocumentNotice Of Motion
The names, firm names, addresses, and telephone and fax numbers of trial counsel.
DocumentJoint Pretrial Order
The full caption of the action.
DocumentJoint Pretrial Order
A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them.
DocumentJoint Pretrial Order
All exhibits must be pre-marked for the trial and exchanged with the other parties at least ten days before trial.
DocumentExhibits
For jury trials, the parties shall submit a Joint Request to Charge. This filing shall include the elements of the claims, the damages sought, the defenses, and any special requests to charge.
DocumentJoint Request To Charge
In non-jury cases, each party shall file a statement of the elements of each claim or defense, along with a summary of the facts relied upon to establish each element.
DocumentNon Jury Trial Statement
Each party shall file a detailed statement regarding damages and other relief sought.
DocumentDamages Statement
Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy.
DocumentRelated Papers
Memoranda of 10 pages or more shall contain a table of contents.
DocumentMemorandum Of Law 10 Pages Or More
Filing & Service rules
Courtesy Copy Requirements
When e-filing voluminous or non-text exhibits is impractical, parties may file hard-copy exhibits and must provide a courtesy copy plus an original-marked copy.
Parties filing voluminous or non-text exhibits may choose to file only hard copies of those exhibits when filing them electronically is impractical. If exhibits are not electronically filed, one copy of each exhibit must be clearly marked “Original” and another “Courtesy Copy.”
Page 1 | I. ELECTRONIC CASE FILING (ECF)
All ECF-filed papers must be provided to Chambers as courtesy copies with the specified marking.
Hard copies of all papers filed electronically, including motions, letters, and stipulations, must be provided to Chambers. All such papers must be clearly marked “Courtesy copy, original filed by ECF, docket number .”
Page 1 | I. ELECTRONIC CASE FILING (ECF)
The movant must deliver a full chambers courtesy-copy set of motion papers with a cover letter listing the included documents.
The movant shall also provide Chambers with a full set of courtesy copies of the motion papers together with a cover letter specifying each document in the package.
Page 3 | III. MOTIONS
Sealing & Redaction Procedures
Documents that are sealed or contain sealed/sensitive information must be submitted only in hard copy with a sealing label.
Sealed documents or documents containing sealed/sensitive information must be submitted in hard copy only and labeled “Sealed” or “Sensitive.”
Page 1 | I. ELECTRONIC CASE FILING (ECF)
Filing Bundling Requirements
Motion papers must be held and not filed until briefing is complete.
No motion papers shall be filed until the motion has been fully briefed.
Page 3 | III. MOTIONS
A party may file before full briefing when delay would risk a substantive right under time-limiting federal rules, if an explanation is provided.
If any party concludes in good faith that delaying the filing of a motion, in order to comply with any 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 conclusion.
Page 3 | III.F. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting Rules
Pre-Motion Conference Requirements
In civil cases, dispositive and venue-change motions require a pre-motion conference, with a 3-page pre-motion letter and 7-day responses (also capped at 3 pages), subject to listed exceptions.
A pre-motion conference with the Court is required before any dispositive motions or motions for change of venue are filed, except when one or more of the parties is pro se or the case is a habeas corpus petition, a prisoner petition, a Social Security appeal, or a bankruptcy appeal. To arrange a pre-motion conference, the moving party must submit a letter of no longer than three pages that sets forth the basis for the anticipated motion. All parties served with this letter must respond in writing within seven days; these responses shall not exceed three pages.
Page 2 | III. MOTIONS
Parties must set a briefing schedule before serving motion papers, and court approval is required for the schedule and any changes.
Before serving motion papers, parties must set a briefing schedule. The schedule must be approved by the Court at the pre-motion conference or in writing thereafter. No changes to the schedule may be made without Court approval.
Page 2 | III. MOTIONS
Adjournment & Extension Requirements
Adjournment or extension requests must include specific prior-request and adversary-position details, and include a revised scheduling order if other dates are affected.
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 the adversary gives for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.
Page 2 | II. CORRESPONDENCE WITH CHAMBERS
Requests to adjourn a court appearance must be made at least 48 hours in advance unless there is an emergency.
If the request is for an adjournment of a court appearance, it shall be made at least 48 hours prior to the scheduled appearance, except in an emergency.
Page 2 | II. CORRESPONDENCE WITH CHAMBERS
If a request for an extension of time is being made without the consent of all parties, it should be made at least one week before the due date.
If a request for an extension of time is being made without the consent of all parties, it should be made at least one week before the due date.
Page 2 | II. CORRESPONDENCE WITH CHAMBERS
Chambers Communication Rules
Communications with Chambers must be by electronically filed letter, with copies sent to all counsel and delivered to Chambers.
Communications with Chambers shall be via letter and filed electronically. Copies shall be delivered simultaneously to all counsel and either mailed or hand- delivered to Chambers.
Page 1 | II. CORRESPONDENCE WITH CHAMBERS
Fax communications are allowed only for emergencies and only with prior Chambers authorization.
Faxes. Permitted in emergencies only, and only with prior authorization from Chambers.
Page 2 | II. CORRESPONDENCE WITH CHAMBERS
Chambers phone contact is limited to attorneys/staff, and scheduling questions should be directed to the case manager number.
Only attorneys and their staff may call Chambers; the parties themselves may not. Attorneys with scheduling questions should call Ms. Mulqueen, Case Manager, at (718) 613-2435.
Page 2 | II. CORRESPONDENCE WITH CHAMBERS
Technical ECF questions should be directed by phone to the listed contact number.
Questions regarding the technical aspects of electronic filing, including questions about training, should be directed to Evelyn Levine at (718) 613-2312.
Page 1 | I. ELECTRONIC CASE FILING (ECF)
Pro se litigants may not call Chambers and may instead call the pro se office at (718) 613-2665.
Pro se litigants may not call Chambers and may instead call the pro se office at (718) 613-2665.
Page 2 | II. CORRESPONDENCE WITH CHAMBERS