Eastern District of New York Document Filing Requirements

CRITICAL

Applies to

Jury instructions

Unless otherwise ordered by the court, requests to charge and proposed voir dire questions in jury cases should be submitted three weeks before trial. General instructions will be prepared by the court. Word-processing files of proposed charges should be submitted to chambers pursuant to Section 1.E of this document.

Unless otherwise ordered by the court, requests to charge and proposed voir dire questions in jury cases should be submitted three weeks before trial. General instructions will be prepared by the court. Word-processing files of proposed charges should be submitted to chambers pursuant to Section 1.E of this document.

CRITICAL

Applies to

Jury instructions

Unless otherwise ordered by the court, requests to charge and proposed voir dire questions in jury cases should be submitted three weeks before trial. General instructions will be prepared by the court. Word-processing files of proposed charges should be submitted to chambers pursuant to Section 1.E of this document.

Unless otherwise ordered by the court, requests to charge and proposed voir dire questions in jury cases should be submitted three weeks before trial. General instructions will be prepared by the court. Word-processing files of proposed charges should be submitted to chambers pursuant to Section 1.E of this document.

CRITICAL

Applies to

Summary judgment motion

Summary judgment motions against pro se litigants require compliance with Local Civil Rule 56.2 notice requirements.

In any case where a summary judgment motion is filed against a pro se litigant, the moving party is directed to comply with the notice required by Local Civil Rule 56.2, entitled Notice to Pro Se Litigant Who Opposes a Summary Judgment.

CRITICAL

Applies to

Defendant sentencing submissions

Defendant's sentencing submissions due 21 days before sentencing.

The defendant's sentencing submissions are due at least 21 days before the date of sentencing.

CRITICAL

Applies to

Exhibit

Must include

cover page

Each exhibit should be accompanied by a cover page.

Each exhibit should be accompanied by a cover page.

CRITICAL

Applies to

Sentencing memorandum

Must include

objections to presentence report

Sentencing memoranda deadlines: defendant 2 weeks before, government 1 week before sentencing.

Defendant’s sentencing memorandum, if any, is due two weeks prior to sentencing. The Government’s response, if any, is due one week prior to sentencing. If the defendant and the Government agree that the case presents no material factual or legal disputes, they may modify this schedule and shall advise the Court if they do so. Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.

CRITICAL

Applies to

Affidavit of service

Affidavits of Service prohibited except in pro se cases.

The filing of Affidavits of Service as to any papers other than the summons and complaint is prohibited, except in pro se cases.

CRITICAL

Applies to

Summary judgment motion

Summary judgment motions: only relevant deposition pages as exhibits, must comply with FRE 106.

On motions for summary judgment, do not attach complete deposition transcripts as exhibits to affidavits or affirmations. Attach only pages containing relevant testimony to which citation is made in the memoranda or affidavits. However, any excerpted submissions must anticipate and comply with Federal Rule of Evidence 106. In other words, do not distort the record by leaving out a portion of the excerpt necessary for completeness.

CRITICAL

Applies to

Confirmation letter

Must include

confirmation of sentencing proceeding

Confirmation letter required 5 days before sentencing; failure to confirm may result in 30-day adjournment.

After the Government’s time for filing a response has passed, but no less than five days prior to the scheduled sentencing, either party shall file a letter by ECF confirming that the sentencing is to proceed as scheduled. In the absence of such confirmation, the Court may adjourn the sentencing sua sponte for approximately 30 days.

CRITICAL

Applies to

Pretrial order

Must include

additional schedules

Opposing counsel must deliver additional schedules to plaintiff's counsel within one week of receiving proposed order.

All opposing counsel shall, within one week of receipt of plaintiff’s proposed order, prepare any additional schedules and deliver them in final form to plaintiff’s counsel for inclusion in the final Pretrial Order.

CRITICAL

Applies to

Pretrial order

Must include

proposed order

Plaintiff's counsel must prepare and serve Proposed Pretrial Order with schedules three weeks before filing deadline.

Plaintiff’s counsel shall, three weeks prior to the date fixed for filing the Pretrial Order, prepare and serve on all opposing counsel a Proposed Pretrial Order with attached schedules.

CRITICAL

Applies to

Legal memoranda

Must include

contested legal issues, anticipated evidentiary problems

Each party must provide legal memoranda on contested legal issues and anticipated evidentiary problems one week before trial.

Counsel for each party shall provide the Court with legal memoranda addressing all contested legal issues and anticipated evidentiary problems.

CRITICAL

Applies to

Jury charge requests

Must include

written requests

Each party must submit written jury charge requests one week before trial.

Each party shall submit written requests to charge the jury.

CRITICAL

Applies to

Submission citing record material

Any submission citing record material must include evidentiary citations.

Required for any submission that cites record material.

CRITICAL

Applies to

Pretrial order

Must include

proposed order

A proposed joint pretrial order is required, with a timing carveout when a dispositive motion is pending.

File a proposed joint Pretrial Order. (If dispositive motion pending, proposed joint Pretrial Order due thirty (30) days after resolution of motion.)

CRITICAL

Applies to

Memoranda of law

Memoranda of law must include both a table of contents and a table of authorities.

Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.

CRITICAL

Applies to

Proposed findings conclusions

In non-jury civil and criminal trials, proposed findings of fact and conclusions of law are required within ten days after trial, and responses are not allowed.

File proposed findings of fact and conclusions of law no later than ten (10) days post-trial; no responses permitted.

CRITICAL

Applies to

Adjournment or extension request

Requests for adjournments or extensions must be filed on ECF as motions.

Any request for relief from the Court, including a request for an adjournment or extension of time, must be filed as a “motion” on ECF.

CRITICAL

Applies to

Exhibits

An exhibit list must be provided with the trial exhibit binders.

Provide the Court with three (3) tabbed binders containing copies of all exhibits and provide exhibit list.

CRITICAL

Applies to

Amended or supplemented pleading

Represented parties filing amended or supplemented pleadings must attach a redline comparison exhibit against the prior filing.

Except for pro se parties, any party filing an amended or supplemented pleading shall attach as an exhibit to the filing a redline comparison (or equivalent) against the prior filing.

CRITICAL

Applies to

Motion papers

Once fully briefed, the movant must file all motion papers with separate docket entries for each party and for any reply brief.

On the day the motion is fully briefed, the movant shall electronically file all of the parties’ motion papers. Separate docket entries should be used for each party’s papers and a separate docket entry should be used for any reply brief.

CRITICAL

Applies to

Submission

Any submission citing record material must include specific evidentiary citations, including transcript pages.

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

CRITICAL

Applies to

Proposed pretrial order

Parties must jointly submit a proposed pretrial order within 30 days of discovery completion or within 30 days after dispositive motions are resolved.

Unless otherwise ordered by the Court, the parties shall jointly submit to the Court a proposed Pretrial Order within thirty (30) days after the completion of discovery in a civil case or, if dispositive motions remain pending, within thirty (30) days after the Court resolves all such motions.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must summarize remaining claims and defenses with statutory citations and identify previously asserted claims/defenses that will not be tried.

4. Claims and Defenses. A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters. The summaries shall also identify all claims and defenses previously asserted which will not be tried.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must contain specified plaintiff and defendant jurisdiction statements with legal and factual citations.

3. Jurisdiction. A brief statement by the plaintiff explaining the basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on and (ii) relevant facts concerning citizenship and jurisdictional amount.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must state jury vs. bench trial position and estimated trial days.

5. Jury or Bench Trial. A statement by each party as to whether the case will be tried with or without a jury, and the number of trial days needed.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must include a magistrate-consent statement without identifying which parties did or did not consent.

6. Consent to Trial by a Magistrate Judge. A statement as to whether all parties have consented to trial of the case by a magistrate judge. The statement shall not identify which parties have or have not consented.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must include a detailed plaintiff statement of damages and other relief sought.

7. Statement of Relief Sought. A detailed statement of the damages and other relief sought by the plaintiff.

CRITICAL

Applies to

Jury instructions

The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed-upon requests to charge and, where no agreement is reached, each party’s proposed charge and/or one party’s proposed charge with an explanation of any other party’s objection to that charge.

The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed-upon requests to charge and, where no agreement is reached, each party’s proposed charge and/or one party’s proposed charge with an explanation of any other party’s objection to that charge.

CRITICAL

Applies to

Change of plea hearing request

A request to schedule a change-of-plea hearing must include an elements sheet and any relevant agreement or penalty sheet.

Any request to schedule a change of plea hearing shall be accompanied by an elements sheet and any relevant agreement and/or penalty sheet.

CRITICAL

Applies to

Proposed findings conclusions

In non-jury trials, parties must file proposed findings of fact and conclusions of law within ten days after trial, and responses are not allowed.

In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than ten (10) days after the conclusion of trial. Responses to such submissions are not permitted.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

Counsel must provide pro se litigants a copy of the Court’s Individual Practice Rules and promptly file a certificate of service.

Provide pro se litigants with a copy of this Court’s Individual Practice Rules and file a certificate of service as early as practicable in the litigation.

CRITICAL

Applies to

Sentencing memorandum

If applicable, the Government’s sentencing memorandum shall address restitution. The Government shall also advise the Court if a victim will be making a victim impact statement.

If applicable, the Government’s sentencing memorandum shall address restitution. The Government shall also advise the Court if a victim will be making a victim impact statement.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must list trial counsel names, firm names, addresses, and phone numbers.

2. Parties and Counsel. The names (including firm names), addresses, and telephone numbers of trial counsel.

CRITICAL

Applies to

Amended or supplemented pleading

Amended or supplemented pleadings must include a redline comparison exhibit (or equivalent).

Attach a redline comparison (or equivalent) as an exhibit.

CRITICAL

Applies to

Extension request

Deadline extension requests for objections or responses must be directed to Judge Gujarati, not the Magistrate Judge.

Any request for extension of the deadline for filing objections or responses to objections shall be addressed to Judge Gujarati rather than to the Magistrate Judge.

CRITICAL

Applies to

Proposed briefing schedule

In pro se cases, parties must jointly file a proposed briefing schedule instead of requesting a pre-motion conference for Daubert, Rule 12, and Rule 56 motions.

In cases where one or more parties are proceeding pro se, the parties shall, in lieu of requesting a pre-motion conference, jointly file a proposed briefing schedule for any Daubert motion or motion pursuant to Fed. R. Civ. P. 12 or 56. Filing of a proposed briefing schedule within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.

CRITICAL

Applies to

Joint pretrial order

Must include

caption

Joint pretrial orders must include the full caption.

1. Caption. The full caption of the action.

CRITICAL

Applies to

Memorandum of law

Memoranda must include both a table of contents and a table of authorities.

Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must list trial counsel names, firm names, addresses, and phone numbers.

2. Parties and Counsel. The names (including firm names), addresses, and telephone numbers of trial counsel.

CRITICAL

Applies to

Amended or supplemented pleading

Amended or supplemented pleadings must include a redline comparison exhibit (or equivalent).

Attach a redline comparison (or equivalent) as an exhibit.

CRITICAL

Applies to

Extension request

Deadline extension requests for objections or responses must be directed to Judge Gujarati, not the Magistrate Judge.

Any request for extension of the deadline for filing objections or responses to objections shall be addressed to Judge Gujarati rather than to the Magistrate Judge.

CRITICAL

Applies to

Proposed briefing schedule

In pro se cases, parties must jointly file a proposed briefing schedule instead of requesting a pre-motion conference for Daubert, Rule 12, and Rule 56 motions.

In cases where one or more parties are proceeding pro se, the parties shall, in lieu of requesting a pre-motion conference, jointly file a proposed briefing schedule for any Daubert motion or motion pursuant to Fed. R. Civ. P. 12 or 56. Filing of a proposed briefing schedule within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.

CRITICAL

Applies to

Joint pretrial order

Must include

caption

Joint pretrial orders must include the full caption.

1. Caption. The full caption of the action.

CRITICAL

Applies to

Memorandum of law

Memoranda must include both a table of contents and a table of authorities.

Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.

CRITICALCivil cases

Applies to

Filing served on pro se litigant

Must include

certificate of service

Counsel in cases against a pro se opponent must mail hard copies to the pro se litigant and file proof of service within five days of the service order.

Parties represented by counsel in cases where the opposing party is proceeding pro se must comply with the following: (1) file documents electronically; (2) mail a hard copy of the documents to the pro se litigant; (3) file proof of such service within five days of the issuance of an order to serve a pro se litigant;

CRITICALCivil cases

Applies to

Default judgment motion

A default judgment motion must include specific motion papers and proof of service on the defaulting party.

Once the notation of default is entered, Plaintiff must move for default judgment by submitting a notice of motion, any necessary affirmations and exhibits, and a memorandum of law (not to exceed 25 pages), setting forth the grounds for awarding damages, attorneys’ fees and costs, and file proof of service thereof to the defaulting party or parties.

CRITICALCivil cases

Applies to

Summary judgment motion

Summary judgment movants must file a cover letter and document index and comply with Rule 56 and Local Civil Rule 56.1 or risk rejection.

With respect to motions for summary judgment, the moving party must submit a cover letter and an index listing the documents submitted to the Court, and, in all other respects, comply with Federal Rules of Civil Procedure 56 and Local Civil Rule 56.1. Motions that do not comply with this rule will be rejected.

CRITICALCivil cases

Applies to

Joint proposed pretrial order

The JPTO must summarize remaining claims/defenses with statutory citations and damages detail, identify abandoned claims/defenses, and omit full procedural history.

III. A brief summary by each party of the claims and defenses such party has asserted that REMAIN to be tried, including citations to all statutes relied upon, without reciting evidentiary matter. The brief summary also should include a detailed statement, by claim, regarding damages and other relief sought. Such summaries must identify all claims and defenses previously asserted that are not to be tried. DO NOT RECITE THE ENTIRE PROCEDURAL HISTORY OF THE CASE.

CRITICALCivil cases

Applies to

Joint proposed pretrial order

The JPTO must contain party jurisdiction statements with statutory citations and jurisdictional facts, and jurisdictional defects must be raised by dispositive motion before JPTO filing.

II. A brief statement by the plaintiff as to the basis of subject matter jurisdiction, and a brief statement by other parties as to the presence or absence of subject matter jurisdiction. Such statements must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount. As noted in Section III below, if a party believes subject matter jurisdiction is lacking, that must be raised in a dispositive motion BEFORE filing the JPTO.

CRITICALCivil cases

Applies to

Joint proposed pretrial order

The JPTO must include complete contact information for all trial counsel, including email, phone, and fax.

I. The full names, addresses (including e-mail addresses), and telephone and fax numbers of all trial counsel.

CRITICALCivil cases

Applies to

Pretrial submission

Unless the Court orders otherwise, parties must submit proposed voir dire questions, jury instructions, and a verdict sheet at least 15 days before trial.

Unless otherwise ordered by the Court, the parties must submit the following at least fifteen (15) days before the commencement of trial: A. Proposed voir dire questions, jury instructions, and verdict sheet with any special interrogatories, which will be discussed with the parties at the pretrial conference.

CRITICALCivil cases

Applies to

Non jury pretrial submission

In non-jury cases, each party must submit claim/defense elements and a supporting factual summary.

In non-jury cases, each party shall submit a statement of the elements of each claim and defenses involving each claim together with a summary of the facts relied upon to establish each element.

CRITICALCivil cases

Applies to

Deposition transcript for summary judgment motion

When filing a deposition, the full deposition transcript, and not excerpts, must be submitted.

When filing a deposition, the full deposition transcript, and not excerpts, must be submitted.

CRITICALCivil cases

Applies to

Joint proposed pretrial order

The joint proposed pretrial order must use the court template and include required numbered sections within the template itself.

The JPTO must conform to the format of the attached template [which may be accessed by clicking here] and include, precisely and concisely, the information set forth in items (I) – (VIII) below, labeled with the corresponding numbered headings: (DO NOT LIST THE INFORMATION IN A SEPARATE DOCUMENT ATTACHED TO THE TEMPLATE)

CRITICALCivil cases

Applies to

Deposition transcript for summary judgment motion

When filing a deposition, the full deposition transcript, and not excerpts, must be submitted.

When filing a deposition, the full deposition transcript, and not excerpts, must be submitted.

CRITICALCivil cases

Applies to

Joint proposed pretrial order

The joint proposed pretrial order must use the court template and include required numbered sections within the template itself.

The JPTO must conform to the format of the attached template [which may be accessed by clicking here] and include, precisely and concisely, the information set forth in items (I) – (VIII) below, labeled with the corresponding numbered headings: (DO NOT LIST THE INFORMATION IN A SEPARATE DOCUMENT ATTACHED TO THE TEMPLATE)

CRITICAL

Applies to

Sealed submission

A sealing request must include reasons justifying sealing.

Parties must set forth the reasons why sealing is appropriate under the circumstances.

CRITICAL

Applies to

Proposed order stipulation judgment

Proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to an explanatory letter to the Court.

All proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to a letter to the Court explaining the purpose of the document.

CRITICAL

Applies to

Motion

A motion filed under the IV(c)(i) exception must include an explanation that delay would deprive the party of a substantive right.

If a party avails itself of the exception set forth in IV(c)(i), the motion shall be filed together with an explanation of the basis for its conclusion that delay would deprive it of a substantive right.

CRITICAL

Applies to

Adjournment or extension request

Must include

proposed order

If an adjournment or extension impacts other deadlines, a proposed revised scheduling order must be attached.

If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

CRITICAL

Applies to

Notice of motion

Motion papers must be served with a cover letter identifying the movant and paper type, and that cover letter must also be e-filed.

A notice of motion and all supporting papers must be served on other parties along with a cover letter setting forth the identity of the movant and the nature of the papers being served. A copy of the cover letter must also be filed electronically.

CRITICAL

Applies to

Adjournment or extension request

Must include

proposed order

If an adjournment or extension impacts other deadlines, a proposed revised scheduling order must be attached.

If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

CRITICAL

Applies to

Notice of motion

Motion papers must be served with a cover letter identifying the movant and paper type, and that cover letter must also be e-filed.

A notice of motion and all supporting papers must be served on other parties along with a cover letter setting forth the identity of the movant and the nature of the papers being served. A copy of the cover letter must also be filed electronically.

CRITICAL

Applies to

Filing

Filings must be served on parties/counsel not receiving ECF notices, and an affidavit of service is required.

All filings must be simultaneously served on pro se parties and/or counsel who do not receive ECF notifications. In such cases, an affidavit of service must be filed.

CRITICAL

Applies to

Briefing schedule letter

Parties must jointly submit a letter proposing a briefing schedule when a motion may proceed.

Where permission to file a motion is granted, or where permission is not needed, the parties are to jointly file a letter proposing a briefing schedule for Court approval.

CRITICAL

Applies to

Affidavit

In cases involving pro se litigants, counsel must comply with specified Local Civil Rules and file affidavits confirming compliance.

Counsel in cases involving pro se litigants are required to comply with Local Civil Rules 7.2, 12.1, 33.2, and 56.2, and to file affidavits confirming that they have done so.

CRITICAL

Applies to

Filing

Electronic filing is mandatory, but pro se parties are automatically exempt and must file with the Clerk rather than Chambers.

All documents must be filed electronically, except that pro se parties are automatically exempt from mandatory electronic filing and must file their documents with the Clerk of Court, not Chambers.

CRITICAL

Applies to

Habeas corpus

Must include

clear document labels, individual ecf filings, state court record filing deadline

Respondent must file state court record within 60 days of petition, with individual ECF filings and clear labels.

The respondent shall electronically file the state court record within 60 days of the filing of the petition. Each item should be filed individually on ECF, and labeled so that the document is readily identifiable – for example, “Exhibit A – Suppression Hearing Transcript,” and not “Exhibit A State Court Record.”

CRITICAL

Applies to

Proposed charges

Must include

chambers submission, word processing files

Word-processing files of proposed charges should be submitted to chambers pursuant to Part II, Section C of these Rules.

Word-processing files of proposed charges should be submitted to chambers pursuant to Part II, Section C of these Rules.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders must be emailed to chambers in Word format and filed on ECF in PDF.

Proposed orders, jury instructions, and other submissions that a party would like the Court to adopt should be emailed to chambers in Microsoft Word format and filed on ECF in PDF.

CRITICAL

Applies to

Joint pre trial order

Must include

proposed findings of fact, proposed conclusions of law

Non-jury cases must file proposed findings of fact and conclusions of law with Joint Pre-Trial Order.

In all non-jury cases, the parties shall file proposed findings of fact and conclusions of law with the Joint Pre-Trial Order.

CRITICAL

Applies to

Joint pre trial order

Must include

exhibit list

Only exhibits listed in Joint Pre-Trial Order will be admitted, except for good cause.

Except for good cause shown, only exhibits listed in the Joint Pre-Trial Order will be received in evidence.

CRITICAL

Applies to

Joint pre trial order

Parties must meet and confer to resolve objections before filing Joint Pre-Trial Order.

The parties must meet and confer prior to filing the Joint Pre-Trial Order in an effort to resolve all objections without the Court's intervention.

CRITICAL

Applies to

Brief

Memoranda must include table of contents and table of authorities.

Memoranda must contain a table of contents and a table of authorities.

CRITICAL

Applies to

Joint pre trial order

Must include

exhibit objections

Parties must list and describe objections to other parties' exhibits in Joint Pre-Trial Order.

The parties must list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party.

CRITICAL

Applies to

Requests to charge

Must include

joint document, proposed edits, agreed requests +1 more

Parties must submit joint document with agreed requests to charge and each party's proposed edits.

The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed upon requests to charge and, where no agreement is reached, each party's proposed edits with an explanation of the other party's objection.

CRITICAL

Applies to

Proposed instructions

Must include

source citation, pattern instruction citation, footnote non pattern language +1 more

Proposed instructions must cite sources and footnote non-pattern language.

Each proposed instruction should indicate the source from which it is taken, including pattern instructions. All language taken from a source other than a pattern instruction should be footnoted, with the note stating the specific authority for that particular language.

CRITICAL

Applies to

Witness list

Must include

witness roles, motions in limine relevance

Parties must provide witness list by 7:00 p.m. the evening before each trial day, including roles and relevance of unresolved motions in limine.

At or before 7:00 p.m. the evening prior to each trial day, the party presenting its case shall provide a list of all witnesses that may testify that following day. The list should state the witness’s title or role in the case (for example, “Case Agent,” “former Chief Operating Officer,” etc.). The document should also indicate whether any unresolved motions in limine will be relevant to any listed witness’s testimony.

CRITICAL

Applies to

Witness examination

Must include

copies for court, copies for court reporter, copies for opposing counsel

If counsel anticipates that a witness will refer to documentary evidence not previously exchanged, counsel should have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.

If counsel anticipates that a witness will refer to documentary evidence not previously exchanged, counsel should have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.

CRITICAL

Applies to

Withdrawal of counsel

Must include

attendance of both counsel

Both withdrawing counsel and proposed replacement must attend proceedings for withdrawal/substitution motions.

Both the counsel seeking to withdraw and proposed replacement counsel must attend any proceedings where the Court is considering a motion pursuant to Local Rule 1.4 for withdrawal or substitution.

CRITICAL

Applies to

Exhibits

Must include

electronic presentation meeting

The parties should be prepared to display evidence electronically if they intend to offer more than ten exhibits at trial. Any party intending to present exhibits in digital form must meet with the Court’s Case Manager at least five days prior to the commencement of the trial to review the available equipment for the presentation of digital evidence. Counsel should be accompanied by any audio-visual personnel who will be operating any equipment that will be used at trial. Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.

The parties should be prepared to display evidence electronically if they intend to offer more than ten exhibits at trial. Any party intending to present exhibits in digital form must meet with the Court’s Case Manager at least five days prior to the commencement of the trial to review the available equipment for the presentation of digital evidence. Counsel should be accompanied by any audio-visual personnel who will be operating any equipment that will be used at trial. Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.

CRITICAL

Applies to

Proposed findings of fact

The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

CRITICAL

Applies to

Brief

Must include

date of service

Date of service must be plainly visible on front cover of memoranda.

Memoranda also must have the date of service plainly visible on the front cover.

CRITICAL

Applies to

Motion to amend complaint

Motion to amend must include clean and blackline versions of proposed amended complaint.

A motion to amend a complaint must attach as exhibits the proposed amended complaint in both a clean version and a blackline against the operative complaint.

CRITICAL

Applies to

Proposed findings of fact and conclusions of law

Must include

pdf format, word format, email submission

At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

CRITICAL

Applies to

Trial exhibits

Must include

pre marked, exchanged with other parties

Exhibits must be pre-marked and exchanged 10 days before jury selection or bench trial opening.

All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection (or, in the case of a bench trial, before opening statements).

CRITICAL

Applies to

Adjournment request

Must include

reason for request

Adjournment/extension requests must state existing deadline date and reason for request.

All requests must state: a. The date of the existing deadline; b. the reason for the request;

CRITICAL

Applies to

Jury trial preparation

Must include

requests to charge, proposed verdict sheets, proposed voir dire questions

Requests to charge, verdict sheets, and voir dire questions must be filed 14 days before jury selection.

Each party shall file the following fourteen days before the commencement of jury selection: Requests to charge, proposed verdict sheets and proposed voir dire questions in jury cases.

CRITICAL

Applies to

Exhibits

Must include

electronic presentation meeting

The parties should be prepared to display evidence electronically if they intend to offer more than ten exhibits at trial. Any party intending to present exhibits in digital form must meet with the Court’s Case Manager at least five days prior to the commencement of the trial to review the available equipment for the presentation of digital evidence. Counsel should be accompanied by any audio-visual personnel who will be operating any equipment that will be used at trial. Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.

The parties should be prepared to display evidence electronically if they intend to offer more than ten exhibits at trial. Any party intending to present exhibits in digital form must meet with the Court’s Case Manager at least five days prior to the commencement of the trial to review the available equipment for the presentation of digital evidence. Counsel should be accompanied by any audio-visual personnel who will be operating any equipment that will be used at trial. Following such meeting, such party shall file a confirmation in writing on ECF that this meeting has occurred.

CRITICAL

Applies to

Proposed findings of fact

The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

CRITICAL

Applies to

Brief

Must include

date of service

Date of service must be plainly visible on front cover of memoranda.

Memoranda also must have the date of service plainly visible on the front cover.

CRITICAL

Applies to

Motion to amend complaint

Motion to amend must include clean and blackline versions of proposed amended complaint.

A motion to amend a complaint must attach as exhibits the proposed amended complaint in both a clean version and a blackline against the operative complaint.

CRITICAL

Applies to

Proposed findings of fact and conclusions of law

Must include

pdf format, word format, email submission

At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

CRITICALCriminal cases

Applies to

Trial exhibits

Trial exhibits must be pre-marked and exchanged at least 10 days before jury selection, and each document must be individually marked (no compound exhibits).

All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection. Counsel should take care to ensure that exhibits are not compound ‒ that is, that each document is identified and marked individually.

CRITICAL

Applies to

Trial exhibits

Must include

pre marked, exchanged with other parties

Exhibits must be pre-marked and exchanged 10 days before jury selection or bench trial opening.

All exhibits to be used at trial shall be pre-marked and exchanged with the other parties at least ten days before jury selection (or, in the case of a bench trial, before opening statements).

CRITICAL

Applies to

Adjournment request

Must include

reason for request

Adjournment/extension requests must state existing deadline date and reason for request.

All requests must state: a. The date of the existing deadline; b. the reason for the request;

CRITICALCriminal cases

Applies to

Witness list

The presenting party must provide a written next-day witness list by 7:00 p.m. the evening before trial day.

At or before 7:00 p.m. the evening prior to each trial day, the party presenting its case shall provide a written list of all witnesses that may testify on the following day.

CRITICAL

Applies to

Jury trial preparation

Must include

requests to charge, proposed verdict sheets, proposed voir dire questions

Requests to charge, verdict sheets, and voir dire questions must be filed 14 days before jury selection.

Each party shall file the following fourteen days before the commencement of jury selection: Requests to charge, proposed verdict sheets and proposed voir dire questions in jury cases.

CRITICALCriminal cases

Applies to

Presentence report objection

Any presentence report objection must identify the exact language and paragraph numbers being challenged.

An objecting party must identify the specific language and paragraph numbers of the presentence report to which it objects.

CRITICALCriminal cases

Applies to

Memorandum of law

Memoranda must include a table of contents, table of authorities, and the date of service on the front cover.

Memoranda must contain a table of contents and a table of authorities. Memoranda also must show the date of service on the front cover.

CRITICAL

Applies to

Joint pretrial order

Must include

caption

The joint pretrial order must include the full caption.

i. The full caption of the action.

CRITICAL

Applies to

Pretrial statement

Each party must file a claim-by-claim detailed statement of damages and other requested relief.

ii. By claim, a detailed statement regarding damages and other relief sought;

CRITICAL

Applies to

Responsive papers

Defendant responsive papers must include an Opposing Statement of Contentions that responds paragraph-by-paragraph to the movant's statement.

The responsive papers filed by the defendant, as required by AO(ii)(B), shall include an “Opposing Statement of Contentions,” containing correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.

CRITICAL

Applies to

Filing

In multi-defendant criminal cases, each filing must identify exactly which defendant(s) it concerns.

In a multi-defendant case, all filings must designate the defendant or defendants, and only the defendant or defendants, as to whom the filing pertains.

CRITICAL

Applies to

Request to exceed page limits

Any request to exceed memorandum page limits must be submitted in writing at least three business days before the due date.

Requests to file memoranda exceeding the page limits set forth herein must be made in writing three business days prior to the due date.

CRITICAL

Applies to

Adjournment or extension request

Adjournment or extension requests must be docketed as motions and clearly labeled as adjournment/extension requests in the ECF entry.

Any such request shall be designated as a “Motion” on ECF even if made in the form of a letter or a joint stipulation with a proposed order, and the ECF entry line must identify the nature of the request as related to an adjournment or extension.

CRITICAL

Applies to

Pretrial order

Each party must state whether trial is jury or bench and estimate trial length in days.

Jury or Bench Trial. A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

CRITICAL

Applies to

Rule 56 1 statement

Rule 56.1 statements in pre-motion practice must attach relevant exhibits and cite them by exhibit identifier and page or Bates number.

All Rule 56.1 statements and opposing statements filed in connection with a pre-motion letter must reference and attach all relevant exhibits. Citations in a brief or Rule 56.1 statement to an exhibit should reference the exhibit by its exhibit number or letter (i.e. “Exhibit A”) and the page number or Bates number containing the referenced information.

CRITICAL

Applies to

Adjournment or extension request

Must include

proposed order

Speedy Trial Act exclusion requests in criminal cases must include conferral/consent information, supporting facts, and a proposed exclusion order.

In criminal matters, if a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, it must confer with the opposing party and indicate in its letter-motion whether the parties consent. The party seeking exclusion must include in its request for adjournment or extension facts that would permit the Court to make an independent finding whether or not to exclude time in conformance with 18 U.S.C. § 3161, and must also submit to the Court a proposed order excluding time under the Speedy Trial Act.

CRITICAL

Applies to

Motion

Sur-reply papers are not permitted.

Sur-reply papers shall not be filed.

CRITICAL

Applies to

Default judgment or petition to confirm arbitration award

Must include

proposed order

Motions for default judgments and petitions to confirm arbitration awards must include a proposed order.

Party moving shall submit a proposed order for the Court’s signature.

CRITICAL

Applies to

Joint pretrial order

The joint pretrial order must list trial counsel names, addresses, and telephone/fax numbers.

The names, addresses (including firm names), and telephone and fax numbers of trial counsel.

CRITICAL

Applies to

Magistrate judge appeal or objection

Magistrate judge appeals and objections must specifically identify what parts of the order or report are challenged.

All appeals and objections must set forth the specific aspects of the order or report that are being challenged.

CRITICAL

Applies to

Joint pretrial order

Each party must include deposition designations and cross-designations in the joint pretrial order.

A designation by each party of deposition testimony to be offered in its case-in-chief, with any cross-designations.

CRITICAL

Applies to

Statement of contentions

The Statement of Contentions must be a separate, short, concise, numbered statement identifying alleged legal errors and unsupported ALJ findings.

This statement, conceptually similar to that required for summary judgment motions by Local Rule 56.1, shall set forth a separate, short, and concise statement, in numbered paragraphs, the contentions of the plaintiff as to the alleged legal errors in the Secretary’s determination and/or the specific findings of the decision of the Administrative Law Judge (“ALJ”) that, the plaintiff contends, is not supported by substantial evidence.

CRITICAL

Applies to

Joint pretrial order

Each party must state jury or non-jury trial and estimated trial days in the joint pretrial order.

A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

CRITICAL

Applies to

Sentencing memorandum

Sentencing memoranda must be filed using the Sentencing Memorandum filing type, not as a letter.

Sentencing memoranda shall be filed as a “Sentencing Memorandum” and not as a “Letter”.

CRITICAL

Applies to

Motion

Requests for court relief must be filed as motions rather than letters.

Any document seeking relief of any kind from the Court must be filed as a “Motion” (and not as a “Letter”).

CRITICAL

Applies to

Motions in limine

Motions in limine must be fully briefed and filed at least 14 days before jury selection.

All motions addressing any evidentiary or other issues that should be resolved in limine are to be fully briefed and filed at least fourteen (14) days prior to jury selection.

CRITICAL

Applies to

Rule 56 1 statement counterstatement response

Rule 56.1 statements, counterstatements, and responses must include cited evidence as exhibits attached to a declaration.

All evidence cited in Rule 56.1 Statements, Counterstatement, and Responses must be attached as exhibits to a declaration, which are to be filed with said Statements, Counterstatements, and Responses.

CRITICAL

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law must include citations to the trial record and supporting legal authority.

Within twenty-one (21) days after the conclusion of trial, the parties shall file proposed findings of fact and conclusions of law, with citations to the trial record, together with supporting legal authority.

CRITICAL

Applies to

Joint pretrial order

Each party must include a witness list with narrative testimony summaries and specify testimony mode and impeachment/rebuttal use.

A statement by each party as to the witnesses whose testimony is to be offered in its case in chief with a brief narrative statement of the expected testimony of each witness. This list must indicate whether such witnesses will testify in person or by deposition and whether such witnesses will be called for impeachment or rebuttal purposes.

CRITICAL

Applies to

Motion to travel

International travel must be requested by a Motion to Travel and include specified passport, itinerary, purpose, prior-request, and consent information.

Requests to travel outside of the United States shall be filed as a “Motion to Travel”. The requested travel is not permitted unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All international travel requests must include: i. A request to have the defendant’s Passport returned for the sole purpose of the intended travel (the defendant must acknowledge the requirement to immediately surrender the Passport upon return to the District); ii. The dates the defendant intends to leave and return to the District; iii. The location to which the defendant intends to travel; iv. The reason or purpose for the requested travel; v. The number of previous requests to travel and if the previous travel requests were for the same or similar purpose (i.e., work or family related travel); vi. Whether previous requests were granted or denied; and vii. Whether the Government and the Pretrial Services Department or the U.S. Probation Department (whichever applicable) consents to the requested travel, and if not, the reasons given for refusing consent.

CRITICAL

Applies to

Motion for default judgment or to compel arbitration award

Motions for default judgment or to compel arbitration awards must include competent evidence on liability and damages/award.

Motions for default judgment and to compel arbitration awards must be supported by evidence establishing liability and substantiating the damages or award sought.

CRITICAL

Applies to

Exhibits

All trial exhibits must be pre-marked, exchanged, and delivered to chambers at least 10 days before trial.

(1) All exhibits must be pre-marked for the trial, exchanged with the other parties, and provided to chambers at least 10 days before trial.

CRITICAL

Applies to

Sealed submission

A sealed submission filed without prior approval must include an explanation of why sealing is necessary.

If, for good cause, prior approval to file under seal has not been granted, each such submission shall be accompanied by an explanation of why sealing is necessary.

CRITICAL

Applies to

Jury instructions

Each party must file proposed voir dire questions, jury charges, and verdict forms 15 days before trial unless otherwise ordered.

Unless otherwise ordered by the Court, each party shall file the following 15 days before trial: a) Proposed voir dire questions, proposed jury charges, and proposed verdict forms.

CRITICAL

Applies to

56.1 reply statement

A 56.1 Reply Statement must quote the counterstatement, respond only to additional material facts, and may not add new material facts.

A moving party’s 56.1 Reply Statement must quote, verbatim, the opposing party’s 56.1 Counter Statement, including all citations. A moving party’s 56.1 Reply statement may only respond to the opposing party’s Counter Statement of additional material facts and must do so by stating the moving party’s response immediately beneath each statement of additional material fact. Reply statements may not introduce any new material facts.

CRITICAL

Applies to

Adjournment or extension request

If an adjournment or extension impacts other dates, a proposed revised scheduling order must be attached.

If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

CRITICAL

Applies to

Reply 56 1 statement

Reply 56.1 statements must quote the opposing statement verbatim, respond only to additional material facts, and may not add new material facts.

A moving party’s reply 56.1 statement must quote, verbatim, the opposing party’s 56.1 statement, including all citations. A moving party’s reply statement may only respond to the opposing party’s statement of additional material facts and must do so by stating the moving party’s response immediately beneath each statement of additional material fact. Reply statements may not introduce any new material facts.

CRITICAL

Applies to

Related papers

Related ECF papers must state how associated non-text exhibits were filed.

Related papers filed via ECF must clearly indicate the manner in which the exhibits were filed.

CRITICAL

Applies to

Memorandum

Memoranda must be filed with all cited exhibits even if those exhibits were previously filed.

Memoranda must be filed with all exhibits cited therein, regardless of whether any such exhibits have already been submitted to the Court in a prior filing.

CRITICAL

Applies to

Joint pretrial order

Only exhibits listed in the joint pretrial order are admissible absent good cause.

Except for good cause shown, only exhibits listed in the joint pretrial order will be received in evidence.

CRITICAL

Applies to

Joint pretrial order

Must include

caption

The joint pretrial order must include the full case caption.

Caption: the full caption of the action;

CRITICAL

Applies to

Witness list

A witness/mentioned-person list must be filed at least ten business days before jury selection.

A list of all potential witnesses and any other individuals and entities that may be mentioned at trial must be filed at least ten (10) business days before jury selection.

CRITICAL

Applies to

Motion papers

Motion papers must include a cover letter identifying whom counsel represents and what papers are being served.

All motion papers must be served with a cover letter stating whom the serving party represents and the papers being served.

CRITICAL

Applies to

Joint pretrial order

The joint pretrial order must include detailed witness disclosures, and generally only listed witnesses may testify unless prompt notice and good cause are shown.

Witnesses: a list of the names and addresses of all witnesses, including impeachment or rebuttal witnesses, together with a brief statement of the expected testimony of each witness, and a brief description of the bases for and responses to any objections to a witness – only witnesses listed in the joint pretrial order will be permitted to testify except when prompt notice of any additional witness is given and good cause shown;

CRITICAL

Applies to

Jury materials

Jury materials must be filed on ECF and also submitted in required word-processing format per Section II.C.

Jury Materials: voir dire questions, jury instructions, and verdict sheets – these materials must be filed via ECF, as well as submitted in accordance with Section II.C’s specifications for the provision of word processing files for certain submissions.

CRITICAL

Applies to

Discovery appeal letter

The discovery-appeal letter must identify the specific parts of the magistrate judge’s determination being challenged.

Such letter must set forth the specific aspects of the Magistrate Judge’s determination that are being challenged.

CRITICAL

Applies to

Joint pretrial order

The joint pretrial order must include a detailed statement of damages and other relief sought for each claim.

Damages: a detailed statement regarding damages and other relief sought for each claim;

CRITICAL

Applies to

Pretrial order

Must include

caption

The proposed pretrial order shall include the following: 1. Caption: The full caption of the action. 2. Parties and Counsel: The names (including firm names), addresses, telephone, and email addresses of trial counsel. 3. Statement of the Case: A short statement of the case that can be used for introduction to potential jurors. 4. Jurisdiction: A statement concerning basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on, and (ii) relevant facts concerning citizenship and jurisdictional amount. 5. Claims and Defenses: A brief summary by each party of the elements of the claims and defenses which remain to be tried, including citations to all statutes relied on, with a summary of the facts relied upon to establish each element. 6. Statement of Relief Sought: A detailed statement of the damages and other relief sought by the plaintiff. 7. Jury or Bench Trial; Trial Length; Trial Dates: A statement as to whether the case is to be tried with or without a jury, the number of trial days needed, and proposed trial dates

The proposed pretrial order shall include the following: 1. Caption: The full caption of the action. 2. Parties and Counsel: The names (including firm names), addresses, telephone, and email addresses of trial counsel. 3. Statement of the Case: A short statement of the case that can be used for introduction to potential jurors. 4. Jurisdiction: A statement concerning basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on, and (ii) relevant facts concerning citizenship and jurisdictional amount. 5. Claims and Defenses: A brief summary by each party of the elements of the claims and defenses which remain to be tried, including citations to all statutes relied on, with a summary of the facts relied upon to establish each element. 6. Statement of Relief Sought: A detailed statement of the damages and other relief sought by the plaintiff. 7. Jury or Bench Trial; Trial Length; Trial Dates: A statement as to whether the case is to be tried with or without a jury, the number of trial days needed, and proposed trial dates

CRITICAL

Applies to

Certificate

Must include

certificate of service

Counsel must provide pro se litigants with the Court's individual rules and file a certificate of service.

Provide pro se litigants with a copy of this Court's individual rules and file a certificate of service as early as practicable.

CRITICAL

Applies to

Letter

Must include

caption

Letter filings must identify addressee and subject matter in ECF header.

Any filing styled as a "Letter" shall identify in its ECF header (i) the addressee and (ii) the subject matter. E.g., "Letter to Judge Merle re: Request for Remote Conference."

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders and similar documents must be filed on ECF and emailed in PDF and Word format.

Proposed orders, jury instructions, findings of fact, conclusions of law, and other writings a party requests that the Court adopt shall be filed on ECF and provided via e-mail, in PDF and Microsoft Word format, to Merle_Chambers@nyed.uscourts.gov.

CRITICAL

Applies to

Presentence report objections

Objections to presentence reports must be filed at least 7 days before sentencing and must specify language and paragraph numbers.

Objections to presentence reports at least 7 days before sentencing. Specify language and paragraph numbers.

CRITICAL

Adjournment and extension requests must be filed in writing on ECF.

All requests for adjournments or extension of time must be in writing and submitted on ECF

CRITICAL

Memoranda of 10 or more pages must include a table of contents and table of authorities.

Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities.

CRITICAL

Applies to

Pretrial order

In non-jury trials, parties must file and serve proposed findings of fact and conclusions of law with the joint pretrial order.

14. In non-jury trials, parties shall file and serve with the joint pretrial order proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed

CRITICAL

Applies to

Pretrial order

Must include

caption, judge name

Joint pretrial order must be filed within 60 days after discovery closes, or 30 days after summary judgment decision if such motion was pending.

Unless otherwise ordered by the Court, the parties shall file a proposed joint pretrial order within sixty (60) days of the completion of fact or expert discovery, whichever occurs later. However, if a pre-motion conference letter in anticipation of a summary judgment motion has been filed, the parties shall file a proposed joint pretrial order within thirty (30) days after a decision on the motion for summary judgment.

CRITICAL

Applies to

Pretrial order

Parties must list motions in limine they intend to file with a brief description, pursuant to the deadline in Rule IV.B.1.

13. Motions in limine: A list of motions in limine each party intends to file, pursuant to the deadline set forth in Rule IV.B.1 below, with a brief description of the nature of such motion.

CRITICAL

Applies to

Jury trial filings

Requests to charge, verdict sheets, and voir dire questions must be filed on ECF and provided to chambers in both PDF and Word formats 14 days before jury selection.

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 fourteen (14) days before jury selection, unless otherwise ordered by the Court.

CRITICAL

Applies to

Letter

Bail modification requests must be filed as letter-motions and indicate Government and Pretrial Services Officer consent status.

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

CRITICAL

Applies to

Voir dire questions

Proposed voir dire questions must include names of individuals, locations, or entities expected to be mentioned during trial.

The parties shall include in their proposed voir dire questions the names of any individuals, locations, or entities that the party expects to be mentioned during trial.

CRITICAL

Applies to

Letter

Must include

caption

Letter filings must identify addressee and subject matter in ECF header.

Any filing styled as a "Letter" shall identify in its ECF header (i) the addressee and (ii) the subject matter. E.g., "Letter to Judge Merle re: Request for Remote Conference."

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders and similar documents must be filed on ECF and emailed in PDF and Word format.

Proposed orders, jury instructions, findings of fact, conclusions of law, and other writings a party requests that the Court adopt shall be filed on ECF and provided via e-mail, in PDF and Microsoft Word format, to Merle_Chambers@nyed.uscourts.gov.

CRITICAL

Applies to

Presentence report objections

Objections to presentence reports must be filed at least 7 days before sentencing and must specify language and paragraph numbers.

Objections to presentence reports at least 7 days before sentencing. Specify language and paragraph numbers.

CRITICAL

Adjournment and extension requests must be filed in writing on ECF.

All requests for adjournments or extension of time must be in writing and submitted on ECF

CRITICAL

Memoranda of 10 or more pages must include a table of contents and table of authorities.

Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities.

CRITICAL

Applies to

Pretrial order

In non-jury trials, parties must file and serve proposed findings of fact and conclusions of law with the joint pretrial order.

14. In non-jury trials, parties shall file and serve with the joint pretrial order proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed

CRITICAL

Applies to

Pretrial order

Must include

caption, judge name

Joint pretrial order must be filed within 60 days after discovery closes, or 30 days after summary judgment decision if such motion was pending.

Unless otherwise ordered by the Court, the parties shall file a proposed joint pretrial order within sixty (60) days of the completion of fact or expert discovery, whichever occurs later. However, if a pre-motion conference letter in anticipation of a summary judgment motion has been filed, the parties shall file a proposed joint pretrial order within thirty (30) days after a decision on the motion for summary judgment.

CRITICAL

Applies to

Pretrial order

Parties must list motions in limine they intend to file with a brief description, pursuant to the deadline in Rule IV.B.1.

13. Motions in limine: A list of motions in limine each party intends to file, pursuant to the deadline set forth in Rule IV.B.1 below, with a brief description of the nature of such motion.

CRITICAL

Applies to

Jury trial filings

Requests to charge, verdict sheets, and voir dire questions must be filed on ECF and provided to chambers in both PDF and Word formats 14 days before jury selection.

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 fourteen (14) days before jury selection, unless otherwise ordered by the Court.

CRITICAL

Applies to

Letter

Bail modification requests must be filed as letter-motions and indicate Government and Pretrial Services Officer consent status.

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

CRITICAL

Applies to

Voir dire questions

Proposed voir dire questions must include names of individuals, locations, or entities expected to be mentioned during trial.

The parties shall include in their proposed voir dire questions the names of any individuals, locations, or entities that the party expects to be mentioned during trial.

CRITICAL

Memoranda of 10+ pages must include table of contents and table of authorities.

Memoranda of 10 pages or more shall contain both a table of contents and a table of authorities.

CRITICAL

Applies to

Motion

Motions for reconsideration must include a mutually agreed-upon date for non-movant's response.

The moving party shall comply with the filing requirements as set forth in Fed. R. Civ. P. 60 and must include with the motion a mutually agreed-upon date on which the non- movant’s response shall be filed.

CRITICAL

Applies to

Jury instructions

Proposed voir dire, jury instructions, and verdict sheet must be submitted as hard copy plus CD/USB in Word format 20 days before jury selection.

Parties shall submit a hard copy of such materials and a compact disc or USB flash drive in Microsoft Word format no later than 20 days before commencement of jury selection.

CRITICAL

Applies to

Letter

Movant must file cover letter specifying served papers as a letter (not motion) at time of service.

Parties are to serve their motion papers on all parties, along with a cover letter specifying the papers being served, in accordance with deadlines specified in the briefing schedule. At the time of service, the movant shall file a copy of the cover letter used to transmit the movant's opening motion papers. The letter must be filed as a letter, not as a motion.

CRITICAL

Applies to

Jury instructions

Requests to charge and voir dire questions due Thursday before trial in jury cases.

Unless otherwise ordered by the Court, each party shall file, 15 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the final pretrial order if no trial date has been fixed: i. On the Thursday before trial in jury cases, requests to charge and proposed voir dire questions.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders due 60 days after discovery completion, unless summary judgment motion pending.

In civil cases, joint pretrial orders are due 60 days from the date of completion of discovery, unless otherwise ordered by the Court or unless at least one party seeks summary judgment by filing a pre-motion conference letter in anticipation of such a motion. If at least one party files such a letter, the Court will set a deadline for the filing of a joint pretrial order, if needed, after its resolution of the motion for summary judgment.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders and jury instructions must be filed on ECF and emailed in both PDF and word-processing format.

Proposed orders, jury instructions, and other writings a party requests that the Court adopt shall be filed on ECF and e-mailed, in PDF and word-processing format, to Morrison Chambers@nyed.uscourts.gov. Parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless requested by the Court.

CRITICAL

Applies to

Motion

Summary judgment motions require LR 56.1 statements; counter-statements must quote movant's statement verbatim and respond to each allegation immediately beneath it.

Local Rule 56.1 statements: Motions for summary judgment may be denied if the movant does not file a Local Rule 56.1 statement that conforms with the requirements described in these Individual Practice Rules, in addition to those set forth in Local Rule 56.1. Except in pro se cases, the Local Rule 56.1 counter-statement by a party opposing summary judgment shall quote verbatim the moving party's Local Rule 56.1 statement and shall respond to each allegation in the moving party's statement immediately beneath each allegation.

CRITICAL

Applies to

Exhibits

Evidentiary filings must include a declaration identifying each exhibit and page ranges.

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

CRITICAL

Applies to

Local rule 56.1 statement

Local Rule 56.1 statements must contain assertions of material undisputed facts, not descriptions of evidence.

Each paragraph in the Local Rule 56.1 statement shall contain an assertion of a material undisputed fact, not a description of evidence.

CRITICAL

Applies to

Motion

Evidentiary citations with specific transcript pages required when citing record material.

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

CRITICAL

Applies to

Motion in limine

Evidence referenced in motions in limine must be attached as a clearly labelled exhibit.

Any evidence to which a motion in limine refers to—whether in a motion to preclude the evidence, a motion to admit the evidence, or as relevant context for a motion to admit or preclude other evi- dence—must be attached to the motion as a clearly labelled exhibit.

CRITICAL

Applies to

Pretrial order

JPTO must list all fact and expert witnesses with addresses and expected testimony; only listed witnesses may testify.

6.1.8. 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.

CRITICAL

Applies to

Pretrial order

JPTO must include exhibit schedule listing exhibits and offering party; impeachment/rebuttal exhibits excluded unless FRE 609 applies; learned treatises must be listed.

6.1.11. 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. 6.1.11.1. Except for evidence that a party seeks to admit or reference in cross-examination pursuant to Federal Rule of Evidence 609, the schedule should not include exhibits that a party in- tends to use solely for impeachment and/or re- buttal purposes. 6.1.11.2. 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.

CRITICAL

Applies to

Pretrial order

Pretrial Order must include list of intended motions in limine with brief description of each.

A list of motions in limine each party intends to file (pursuant to the deadline set forth in Rule 6.2.1 below), with a brief description of each such motion.

CRITICAL

Applies to

Proposed jury instructions

Trial preparation documents must be filed on ECF and provided to chambers in both PDF and Word formats at least 10 days before jury selection.

Requests to charge, proposed verdict sheets, and pro- posed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Mi- crosoft Word formats no later than 10 days before jury selection, unless otherwise ordered by the Court.

CRITICAL

Applies to

Exhibits

Parties must upload PDF files of each exhibit separately via secure link at least 10 days before trial.

Each party shall securely upload a PDF file of each exhibit, as separate documents, via a secure link provided by the Court's deputy at least ten (10) days before trial.

CRITICAL

Applies to

Motion

Motions in limine and responsive briefing are typically due at least 30 days before trial.

At the initial pretrial conference or otherwise, the Court will set a briefing schedule on any motions addressing evidentiary or other issues that should be resolved in limine. Motions in limine and any responsive briefing are typically due at least 30 days before the commencement of trial.

CRITICAL

Applies to

Pretrial order

The JPTO must include each party’s deposition designations plus any cross-designations and objections.

7. 1. 9. D e p o siti o n te sti m o n y : A d e si g n ati o n b y e a c h p a rt y of d e p o siti o n t e sti m o n y t o b e off e r e d i n it s c a s e i n c hi ef, wit h a n y c r o s s -d e si g n ati o n s a n d o bj e cti o n s b y a n y ot h e r p a rt y.

CRITICAL

Applies to

Witness list

At least 14 days before trial, the prosecution must provide three copies of witness lists to the Court.

At l e a st f o u rt e e n ( 1 4) d a y s b ef o r e t ri al, t h e p r o s e c uti o n s h all p r o vi d e t h e C o u rt wit h t h e f oll o wi n g: • T h r e e ( 3) c o pi e s of t h e wit n e s s li st s.

CRITICAL

Applies to

Pretrial order

Must include

caption

The JPTO must include the full case caption.

7. 1. 1. C a pti o n : T h e f ull c a pti o n of t h e a cti o n.

CRITICAL

Applies to

Motion in limine

Motions in limine must attach referenced evidence as clearly labeled exhibits.

Parties must attach any evidence referenced within the motion as a clearly labeled exhibit.

CRITICAL

Applies to

All documents

Counsel in cases involving pro se litigants must file electronically on ECF and mail hard copies to the pro se litigant.

1. 1. 1. P r o s e p a rti e s a r e e x e m pt f r o m el e ct r o ni c fili n g. N e v e rt h el e s s, a p a rt y r e p r e- s e nt e d b y c o u n s el i n a c a s e i n v ol vi n g a p r o s e liti g a nt m u st still fil e all d o c u m e nt s el e ct r o ni c all y o n E C F a n d m u st al s o m ail a h a r d c o p y of all d o c u m e nt s t o t h e p r o s e liti g a nt.

CRITICAL

Applies to

Sur reply

Sur-replies may be filed only with prior court authorization.

5. 3. 5. S u r -r e pli e s r e q ui r e p ri o r C o u rt a ut h o ri z ati o n .

CRITICAL

Applies to

Motion in limine

Any evidence referenced in a motion in limine must be attached as a clearly labeled exhibit.

A n y e vi d e n c e r ef e r r e d t o i n a m oti o n i n li mi n e— w h et h e r i n a m oti o n t o p r e cl u d e t h e e vi d e n c e, a m oti o n t o a d mit t h e e vi d e n c e, o r a s r el e v a nt c o nt e xt f o r a m oti o n t o a d mit o r p r e cl u d e ot h e r e vi d e n c e — m u st b e att a c h e d t o t h e m oti o n a s a cl e a rl y l a b ell e d e x- hi bit.

CRITICAL

Applies to

Local rule 56 1 statement

Parties must file a declaration identifying each exhibit and its page ranges in the compiled PDF.

P a rti e s s h all i n cl u d e a d e cl a r ati o n i d e ntif yi n g e a c h of t h e e x hi bit s a n d t h e p a g e r a n g e s of t h e e x hi bit s wit hi n t h e c o m pil e d P D F.

CRITICAL

Applies to

Local rule 56 1 statement

Any evidence cited in a Local Rule 56.1 statement must be filed as an exhibit attached to a declaration.

A n y e vi d e n c e cit e d i n a m o vi n g o r o p p o si n g p a rt y’ s L o c al R ul e 5 6. 1 st at e m e nt m u st b e att a c h e d a s a n e x hi bit t o a d e cl a r ati o n a n d fil e d wit h t h at p a rt y’ s st at e m e nt.

CRITICAL

Applies to

Default judgment

A Rule 55(b)(2) default judgment request must be made by motion under Attachment A procedures.

A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt p u r s u a nt t o R ul e 5 5( b)( 2) of t h e F e d e r al R ul e s of Ci vil P r o c e d u r e m u st p r o c e e d b y w a y of a M oti o n f o r D ef a ult J u d g m e nt p u r s u a nt t o t h e p r o c e d u r e s et f o rt h i n Att a c h m e nt A.

CRITICAL

Applies to

Filing

In multi-defendant cases, every filing must specify exactly which defendant or defendants it concerns.

I n a m ulti -d ef e n d a nt c a s e, all fili n g s m u st d e si g n at e t h e d ef e n d a nt o r d ef e n d a nt s, a n d o nl y t h e d ef e n d a nt o r d ef e n d a nt s, a s t o w h o m t h e fili n g p e rt ai n s.

CRITICAL

Applies to

Speedy trial act exclusion letter

A party seeking Speedy Trial Act time exclusion must provide a letter with sufficient facts for the Court to make an independent finding.

if a p a rt y will s e e k a n e x cl u si o n of ti m e u n d e r t h e S p e e d y T ri al A ct, 1 8 U. S. C. § 3 1 6 1, it m u st p r o vi d e t h e C o u rt a l ett e r s etti n g f o rt h f a ct s s uffi ci e nt t o p e r mit t h e C o u rt t o m a k e a n i n d e p e n d e nt fi n di n g r e g a r di n g t h e e x cl u si o n of ti m e u n d e r t h e A ct.

CRITICAL

Applies to

Pretrial order

In civil cases, parties must submit a Joint Proposed Pre-Trial Order within 60 days after discovery closes unless the Court orders otherwise.

U nl e s s ot h e r wi s e o r d e r e d b y t h e C o u rt, t h e p a rti e s t o a ci vil c a s e s h all s u b mit a J oi nt P r o p o s e d P r e -t ri al O r d e r (“ J P T O”) wit hi n si xt y ( 6 0) d a y s of t h e c o m pl eti o n of di s c o v- e r y.

CRITICAL

Applies to

Pretrial order

The JPTO must include detailed witness disclosures, and only listed witnesses may testify absent prompt notice and good cause.

7. 1. 8. Wit n e s s e s : A li st of f a ct a n d e x p e rt wit n e s s e s w h o s e t e sti m o n y i s t o b e off e r e d i n e a c h p a rt y’ s c a s e i n c hi ef, al o n g wit h t h e a d d r e s s of e a c h wit n e s s a n d a b ri ef n a r- r ati v e st at e m e nt of t h e e x p e ct e d t e sti m o n y of e a c h wit n e s s. O nl y li st e d wit n e s s e s will b e p e r mitt e d t o t e stif y, e x c e pt w h e n p r o m pt n oti c e h a s b e e n gi v e n a n d u p o n g o o d c a u s e s h o w n. P a rti e s s h all al s o i n di c at e w h et h e r a n y wit n e s s will r e q ui r e a n i nt e r- p r et e r ( a n d, if s o, w hi c h p a rt y will p a y t h e c o st s f o r t h e i nt e r p r et e r).

CRITICAL

Applies to

Pretrial order

The JPTO must list trial counsel names, addresses including firm names, and telephone numbers.

7. 1. 2. P a rti e s a n d c o u n s el : T h e n a m e s, a d d r e s s e s (i n cl u di n g fi r m n a m e s), a n d t el e- p h o n e n u m b e r s of t ri al c o u n s el.

CRITICAL

Applies to

Pretrial order

The JPTO must include each party’s detailed relief sought, including damages calculations and element-by-element breakdown.

7. 1. 7. St at e m e nt of r eli ef s o u g ht : A d et ail e d st at e m e nt of t h e d a m a g e s a n d ot h e r r eli ef s o u g ht b y e a c h p a rt y , in cl u di n g t h e m a n n e r a n d m et h o d u s e d t o c al c ul at e a n y cl ai m e d d a m a g e s a n d a b r e a k d o w n of t h e el e m e nt s of s u c h cl ai m e d d a m a g e s.

CRITICAL

Applies to

Pretrial order

Each party must provide a jurisdiction statement with supporting legal citations and relevant jurisdictional facts.

7. 1. 3. J u ri s di cti o n : A b ri ef st at e m e nt b y e a c h p a rt y e x pl ai ni n g t h e b a si s o r a b s e n c e of s u bj e ct -m att e r j u ri s di cti o n. T h e s e st at e m e nt s s h all i n cl u d e cit ati o n s t o all : (i) st at- ut e s a n d l e g al d o ct ri n e s r eli e d o n a n d (ii) r el e v a nt f a ct s c o n c e r ni n g citi z e n s hi p a n d j u ri s di cti o n al a m o u nt.

CRITICAL

Applies to

Pretrial order

The JPTO must state whether all parties consent to magistrate-judge trial but may not identify which parties did or did not consent.

7. 1. 6. C o n s e nt t o tri al b y a M a gi st r at e J u d g e : A st at e m e nt a s t o w h et h e r all p a rti e s h a v e c o n s e nt e d t o t ri al of t h e c a s e b y a M a gi st r at e J u d g e . T h e st at e m e nt s h all n ot i d e ntif y w hi c h p a rti e s h a v e o r h a v e n ot c o n s e nt e d.

CRITICAL

Applies to

Pretrial order

The JPTO must include an exhibit schedule identifying exhibits and the offering party if not admitted by stipulation.

7. 1. 1 1. E x hi bit s : A s c h e d ul e li sti n g e x hi bit s t o b e off e r e d i nt o e vi d e n c e a n d, if n ot a d- mitt e d b y sti p ul ati o n, t h e p a rt y o r p a rti e s t h at will b e off e ri n g t h e m.

CRITICAL

Applies to

Motion in limine

A motion in limine is required for anticipated FRE 608(b) or 609 cross-examination and must explain admissibility.

P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s -e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9 , o utli ni n g w h y t h e p r o p o n e nt’ s i nt e n d e d e x hi bit( s) a n d / o r a r e a( s) o r c r o s s -e x a mi n ati o n a r e a d mi s si bl e u n d e r t h e r el e v a nt r ul e.

CRITICAL

Applies to

Exhibit list

The exhibit list emailed to Chambers must be in Word format and contain four specified columns.

A li st of all e x hi bit s e m ail e d t o C h a m b e r s i n a W o r d D o c u m e nt, wit h f o u r c ol- u m n s l a b el e d a s f oll o w s: ( 1) “ E x hi bit N u m b e r”; ( 2) “ D e s c ri pti o n” ( of t h e e x- hi bit); ( 3) “ D at e I d e ntifi e d”; a n d ( 4) “ D at e A d mitt e d.”

CRITICAL

Applies to

Documentary exhibits

When the JPTO is filed, each party must submit documentary exhibits to the Court and serve opposing counsel, but not file those exhibits on ECF.

At t h e ti m e t h e J P T O i s fil e d, e a c h p a rt y s h all s u b mit t o t h e C o u rt a n d s e r v e o n o p p o si n g c o u n s el, b ut n ot fil e o n E C F, all d o c u m e nt a r y e x hi bit s.

CRITICAL

Applies to

Statement of claim and defense elements

For non-jury trials, each party must submit a statement of claim and defense elements with supporting factual summaries for each element.

A st at e m e nt of t h e el e m e nt s of e a c h cl ai m a n d d ef e n s e t o g et h e r wit h a s u m- m a r y of t h e f a ct s r eli e d u p o n t o e st a bli s h e a c h el e m e nt .

CRITICAL

Applies to

Joint requests to charge verdict sheets voir dire questions

In jury cases, joint requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed one week before the final pre-trial conference.

O n e w e e k b ef o r e t h e fi n al p r e-t ri al c o nf e r e n c e, t h e p a rti e s s h all f il e j oi nt r e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s.

CRITICAL

Applies to

Motion in limine expert testimony

In criminal cases, expert-testimony exclusion or limitation motions in limine must be filed at least 45 days before trial.

8. 1. 1. At l e a st f o rt y -fi v e ( 4 5) d a y s b ef o r e t h e s c h e d ul e d t ri al d at e, t h e p a rti e s t o a c ri mi n al c a s e m u st fil e a n y m oti o n s t o e x cl u d e o r li mit t h e t e sti m o n y of e x p e rt s p u r s u a nt t o R ul e s 7 0 2 – 7 0 5 of t h e F e d e r al R ul e s of E vi d e n c e, i n cl u di n g b ut n ot li mit e d t o m oti o ns t o e x cl u d e s ci e ntifi c o r t e c h ni c al e vi d e n c e u n d e r t h e D a u b e rt v. M e r r ell D o w P h a r m a c e uti c al s, I n c. , 5 0 9 U. S. 5 7 9 ( 1 9 9 3) li n e of c a s e s.

CRITICAL

Applies to

Affidavit objections and cross exam list

Within three business days after affidavit submission, each party must file objection lists and identify affiants they intend to cross-examine at trial.

T h r e e b u si n e s s d a y s aft e r s u b mi s si o n of s u c h affi d a vit s, c o u n s el f o r e a c h p a rt y s h all s u b mit: ( 1) a li st of a n y o bj e cti o n s t o p a rti c ul a r p a r a g r a p h s of a n affi d a vit; a n d ( 2) a li st of all affi a nt s w h o m t h e y i nt e n d t o c r o s s -e x a mi n e at t h e t ri al.

CRITICAL

Applies to

Deposition excerpts and synopsis

Parties must submit substantive deposition excerpts plus a one-page synopsis for each deposition with page citations.

A ll d e p o siti o n e x c e r pt s t h at will b e off e r e d a s s u b st a nti v e e vi d e n c e, a s w ell a s a o n e -p a g e s y n o p si s of t h o s e e x c e r pt s f o r e a c h d e p o siti o n. E a c h s y n o p si s s h all i n cl u d e p a g e cit ati o n s t o t h e p e rti n e nt p a g e s of t h e d e p o siti o n t r a n s c ri pt s.

CRITICAL

Applies to

Motion in limine other evidentiary issues

In criminal cases, all other motions in limine must be filed and served at least 30 days before trial, and anticipated FRE 608(b) or 609 cross-examination issues require a motion in limine.

8. 1. 2. At l e a st t hi rt y ( 3 0) d a y s p ri o r t o t h e s c h e d ul e d t ri al d at e, t h e p a rti e s s h all fil e a n d s e r v e all ot h e r m oti o n s a d d r e s si n g e vi d e nti a r y o r ot h e r i s s u e s t h at s h o ul d b e r e s ol v e d i n li mi n e. P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s- e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9

CRITICAL

Applies to

Jury instructions and voir dire questions

Proposed voir dire questions and jury instructions must include the full requested text and, when available, supporting authority citations.

T h e v oi r di r e q u e s- ti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

CRITICAL

Applies to

Jury instructions verdict forms voir dire questions

In jury cases, requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed on ECF and emailed to chambers in Microsoft Word format at least 14 days before jury selection.

R e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s s h all b e fil e d o n E C F a n d p r o vi d e d t o C h a m b e r s vi a e m ail i n Mi c r o s oft W o r d f o r m at s n o l at e r t h a n f o u rt e e n ( 1 4) d a y s b ef o r e j u r y s el e cti o n

CRITICAL

Applies to

Default judgment motion

Supporting default-judgment materials must be filed on ECF and a courtesy copy must be provided when required by Individual Rule 1.3.

3. I n c o n n e cti o n wit h a n y M oti o n f o r D ef a ult J u d g m e nt m a d e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2), fil e t h e f oll o wi n g o n E C F ( a n d p r o vi d e a c o u r- t e s y c o p y w he r e r e q ui r e d u n d e r I n di vi d u al R ul e 1. 3 ):

CRITICAL

Applies to

Default judgment motion

A plaintiff must obtain a Certificate of Default for each defaulting defendant before seeking default judgment.

1. O bt ai n a C e rtifi c at e of D ef a ult f o r e a c h d ef a ulti n g d ef e n d a nt f r o m t h e Cl e r k’ s Offi c e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e R ul e 5 5( a) a n d L o c al Ci vil R ul e 5 5. 1.

CRITICAL

Applies to

Default judgment motion supporting declaration

A default-judgment motion must include an attorney declaration or affidavit establishing the basis for entry of default judgment and required supporting details.

a. A n att o r n e y’ s d e cl a r ati o n o r affi d a vit s etti n g f o rt h t h e b a si s f o r e nt e ri n g a d ef a ult j u d g m e nt, i n cl u di n g:

CRITICAL

Applies to

Default judgment motion

Default judgment must be sought by motion on ECF, not by order to show cause.

2. F il e a M oti o n f o r D ef a ult J u d g m e nt o n E C F p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2) a n d L o c al Ci vil R ul e 5 5. 2( b). A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt s h o ul d n ot p r o c e e d b y o r d e r t o s h o w c a u s e.

CRITICAL

Applies to

Default judgment motion

Must include

certificate of service

If the Court sets a default-judgment hearing, the plaintiff must serve specified papers on the defaulting party and file proof of that service as directed.

If t h e C o u rt i s s u e s s u c h a n o r d e r, t h e pl ai ntiff m u st t h e n s e r v e o n t h e p a rt y a g ai n st w h o m d ef a ult j u d g m e nt i s s o u g ht: ( 1) t h e m oti o n f o r d ef a ult j u d g m e nt a n d s u p p o rti n g p a p e r s; a n d ( 2) t h e C o u rt’ s o r d e r s etti n g a d at e a n d ti m e f o r t h e d ef a ult j u d g m e nt h e a ri n g. T h e pl ai ntiff m u st fil e p r o of of s u c h s e r vi c e o n t h e d o c k et i n t h e m a n n e r a n d d at e s p e cifi e d i n t h e C o u r t’ s O r d e r s etti n g t h e d e- f a ult j u d g m e nt h e a ri n g.

CRITICAL

Applies to

Proposed judgment

Before the return date, the proposed judgment must be separately backed and taken to the Orders and Judgments Clerk for approval.

P ri o r t o t h e r et u r n d at e, t a k e t h e p r o p o s e d j u d g m e nt, s e p a r at el y b a c k e d, t o t h e O r d e r s a n d J u d g m e nt s Cl e r k f o r t h e Cl e r k’ s a p p r o v al.

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include a Servicemembers Civil Relief Act affidavit stating military-service status and supporting facts.

f. A n affi d a vit , a s r e q ui r e d b y t h e S e r vi c e m e m b e r s Ci vil R eli ef A ct, “st at- i n g w h et h e r o r n ot t h e d ef e n d a nt i s i n milit a r y s e r vi c e a n d s h o wi n g n e c- e s s a r y f a ct s t o s u p p o rt t h e affi d a vit . . . .” 5 0 U. S. C. § 3 9 3 1( b)( 1)( A).

CRITICAL

Applies to

Default judgment motion

Copies of all pleadings must be filed in support of a default-judgment motion.

c. C o pi e s of all of t h e pl e a di n g s.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A proposed default judgment must be submitted with the default-judgment motion package.

b. A p r o p o s e d d ef a ult j u d g m e nt .

CRITICAL

Applies to

Pretrial order

The JPTO must state whether the case will be jury or bench and estimate the number of trial days needed.

7. 1. 5. J u r y o r b e n c h tri al a n d tri al le n gt h : A st at e m e nt b y e a c h p a rt y a s t o w h et h e r t h e c a s e i s t o b e t ri e d wit h o r wit h o ut a j u r y, a n d t h e n u m b e r of t ri al d a y s n e e d e d.

CRITICAL

Applies to

Jury instructions and voir dire questions

Voir dire questions and jury instructions must include the requested text and available supporting authority citations.

T h e v oi r di r e q u e sti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

CRITICAL

Applies to

Certificate

Must include

certificate of service

In cases involving a pro se litigant, counsel must provide a copy of the Individual Rules and file a certificate of service as early as practicable.

P r o vi d e p r o s e liti g a nt s wit h a c o p y of t hi s C o u rt’ s I n di vi d u al R ul es a n d fil e a c e rtifi c at e of s e r vi c e a s e a rl y a s p r a cti c a bl e i n t h e liti g ati o n.

CRITICAL

Applies to

Proposed judgment

The proposed judgment, including damages and interest calculations, must be Clerk-approved before the conference and then brought for the Judge’s signature.

T h e p r o p o s e d j u d g m e nt, i n cl u di n g all d a m a g e a n d i nt e r e st c al c ul ati o n s, m u st b e a p p r o v e d b y t h e Cl e r k p ri o r t o t h e c o nf e r e n c e a n d t h e n b r o u g ht t o t h e c o n- f e r e n c e f o r t h e J u d g e’ s si g n at u r e.

CRITICAL

Applies to

Proposed findings conclusions

In civil bench trials, parties must file proposed findings of fact and conclusions of law within 10 days after trial unless the Court sets a different deadline.

I n n o n -j u r y t ri al s, p a rti e s s h all fil e p r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w n o l at e r t h a n t e n ( 1 0) d a y s aft e r t h e c o n cl u si o n of t ri al u nl e s s t h e C o u rt s et s a diff e r e nt fili n g d e a dli n e.

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include a Certificate of Default from the Clerk of Court.

e. A C e rtifi c at e of D ef a ult f r o m t h e Cl e r k of C o u rt .

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include a copy of the affidavit of service of the summons and complaint.

d. A c o p y of t h e affi d a vit of s e r vi c e of t h e s u m m o n s a n d c o m pl ai nt.

CRITICAL

Applies to

Federal criminal rule 12 4 disclosure statement

The Government must file a Rule 12.4 disclosure statement before the first appearance when applicable.

T h e G o v e r n m e nt s h all fil e a F e d e r al C ri mi n al R ul e 1 2. 4 di s cl o s u r e st at e m e nt b ef o r e t h e fi r st a p p e a r a n c e, w h e n a p pli c a bl e.

CRITICAL

Applies to

Proposed findings conclusions

P r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w. T h e p r o p o s e d fi n di n g s of f a ct s h o ul d b e d et ail e d a n d s h o ul d i n cl u d e cit ati o n s t o t h e p r off e r e d t ri al t e sti m o n y a n d e x hi bit s, a s t h e r e m a y b e n o o p p o rt u nit y f o r p o st -t ri al s u b mi s si o n s.

P r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w. T h e p r o p o s e d fi n di n g s of f a ct s h o ul d b e d et ail e d a n d s h o ul d i n cl u d e cit ati o n s t o t h e p r off e r e d t ri al t e sti m o n y a n d e x hi bit s, a s t h e r e m a y b e n o o p p o rt u nit y f o r p o st -t ri al s u b mi s si o n s.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders and jury instructions must be filed on ECF and emailed in PDF and Word format.

Proposed orders, jury instructions, and other writings that a party requests that the Court adopt shall be filed on ECF and emailed, in PDF and word-processing format, to Choudhury_Chambers@nyed.uscourts.gov. Parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless requested by the Court.

CRITICAL

Applies to

Plea agreement

Absent exceptional circumstances, parties must provide the Court a copy of any plea agreement at least 72 hours before a change-of-plea hearing.

A b s e nt e x c e pti o n al ci r c u m st a n c e s, t h e p a rti e s s h all p r o vi d e t h e C o u rt wit h a c o p y of a n y pl e a a g r e e m e nt at l e a st s e v e nt y- t w o ( 7 2) h o u r s b ef o r e a c h a n g e - of-pl e a h e a ri n g.

CRITICAL

Applies to

Ecf confirmation

After the required electronic-equipment meeting, the party must file a written ECF confirmation that the meeting occurred.

F oll o wi n g s u c h m e eti n g, s u c h p a rt y s h all fil e a c o nfi r m ati o n i n w riti n g vi a E C F t h at t hi s m e eti n g h a s o c c u r r e d.

CRITICAL

Applies to

Direct testimony affidavits

In non-jury trials, direct testimony affidavits must be submitted for trial witnesses, with specified exceptions for adverse or subpoenaed witnesses and others approved for live direct testimony.

C o pi e s of affi d a vit s c o n stit uti n g t h e di r e ct t e sti m o n y of e a c h t ri al wit n e s s, e x- c e pt f o r t h e di r e ct t e sti m o n y of a n a d v e r s e p a rt y, a p e r s o n w h o s e att e n d a n c e i s c o m p ell e d b y s u b p o e n a, o r a p e r s o n f o r w h o m t h e C o u rt h a s a g r e e d t o h e a r di r e ct t e sti m o n y li v e at t h e t ri al.

CRITICAL

Applies to

Motion in limine

Motions in limine must attach referenced evidence as clearly labeled exhibits.

Parties must attach any evidence referenced within the motion as a clearly labeled exhibit.

CRITICAL

Applies to

All documents

Counsel in cases involving pro se litigants must file electronically on ECF and mail hard copies to the pro se litigant.

1. 1. 1. P r o s e p a rti e s a r e e x e m pt f r o m el e ct r o ni c fili n g. N e v e rt h el e s s, a p a rt y r e p r e- s e nt e d b y c o u n s el i n a c a s e i n v ol vi n g a p r o s e liti g a nt m u st still fil e all d o c u m e nt s el e ct r o ni c all y o n E C F a n d m u st al s o m ail a h a r d c o p y of all d o c u m e nt s t o t h e p r o s e liti g a nt.

CRITICAL

Applies to

Sur reply

Sur-replies may be filed only with prior court authorization.

5. 3. 5. S u r -r e pli e s r e q ui r e p ri o r C o u rt a ut h o ri z ati o n .

CRITICAL

Applies to

Motion in limine

Any evidence referenced in a motion in limine must be attached as a clearly labeled exhibit.

A n y e vi d e n c e r ef e r r e d t o i n a m oti o n i n li mi n e— w h et h e r i n a m oti o n t o p r e cl u d e t h e e vi d e n c e, a m oti o n t o a d mit t h e e vi d e n c e, o r a s r el e v a nt c o nt e xt f o r a m oti o n t o a d mit o r p r e cl u d e ot h e r e vi d e n c e — m u st b e att a c h e d t o t h e m oti o n a s a cl e a rl y l a b ell e d e x- hi bit.

CRITICAL

Applies to

Local rule 56 1 statement

Parties must file a declaration identifying each exhibit and its page ranges in the compiled PDF.

P a rti e s s h all i n cl u d e a d e cl a r ati o n i d e ntif yi n g e a c h of t h e e x hi bit s a n d t h e p a g e r a n g e s of t h e e x hi bit s wit hi n t h e c o m pil e d P D F.

CRITICAL

Applies to

Local rule 56 1 statement

Any evidence cited in a Local Rule 56.1 statement must be filed as an exhibit attached to a declaration.

A n y e vi d e n c e cit e d i n a m o vi n g o r o p p o si n g p a rt y’ s L o c al R ul e 5 6. 1 st at e m e nt m u st b e att a c h e d a s a n e x hi bit t o a d e cl a r ati o n a n d fil e d wit h t h at p a rt y’ s st at e m e nt.

CRITICAL

Applies to

Default judgment

A Rule 55(b)(2) default judgment request must be made by motion under Attachment A procedures.

A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt p u r s u a nt t o R ul e 5 5( b)( 2) of t h e F e d e r al R ul e s of Ci vil P r o c e d u r e m u st p r o c e e d b y w a y of a M oti o n f o r D ef a ult J u d g m e nt p u r s u a nt t o t h e p r o c e d u r e s et f o rt h i n Att a c h m e nt A.

CRITICAL

Applies to

Filing

In multi-defendant cases, every filing must specify exactly which defendant or defendants it concerns.

I n a m ulti -d ef e n d a nt c a s e, all fili n g s m u st d e si g n at e t h e d ef e n d a nt o r d ef e n d a nt s, a n d o nl y t h e d ef e n d a nt o r d ef e n d a nt s, a s t o w h o m t h e fili n g p e rt ai n s.

CRITICAL

Applies to

Speedy trial act exclusion letter

A party seeking Speedy Trial Act time exclusion must provide a letter with sufficient facts for the Court to make an independent finding.

if a p a rt y will s e e k a n e x cl u si o n of ti m e u n d e r t h e S p e e d y T ri al A ct, 1 8 U. S. C. § 3 1 6 1, it m u st p r o vi d e t h e C o u rt a l ett e r s etti n g f o rt h f a ct s s uffi ci e nt t o p e r mit t h e C o u rt t o m a k e a n i n d e p e n d e nt fi n di n g r e g a r di n g t h e e x cl u si o n of ti m e u n d e r t h e A ct.

CRITICAL

Applies to

Pretrial order

In civil cases, parties must submit a Joint Proposed Pre-Trial Order within 60 days after discovery closes unless the Court orders otherwise.

U nl e s s ot h e r wi s e o r d e r e d b y t h e C o u rt, t h e p a rti e s t o a ci vil c a s e s h all s u b mit a J oi nt P r o p o s e d P r e -t ri al O r d e r (“ J P T O”) wit hi n si xt y ( 6 0) d a y s of t h e c o m pl eti o n of di s c o v- e r y.

CRITICAL

Applies to

Pretrial order

The JPTO must include detailed witness disclosures, and only listed witnesses may testify absent prompt notice and good cause.

7. 1. 8. Wit n e s s e s : A li st of f a ct a n d e x p e rt wit n e s s e s w h o s e t e sti m o n y i s t o b e off e r e d i n e a c h p a rt y’ s c a s e i n c hi ef, al o n g wit h t h e a d d r e s s of e a c h wit n e s s a n d a b ri ef n a r- r ati v e st at e m e nt of t h e e x p e ct e d t e sti m o n y of e a c h wit n e s s. O nl y li st e d wit n e s s e s will b e p e r mitt e d t o t e stif y, e x c e pt w h e n p r o m pt n oti c e h a s b e e n gi v e n a n d u p o n g o o d c a u s e s h o w n. P a rti e s s h all al s o i n di c at e w h et h e r a n y wit n e s s will r e q ui r e a n i nt e r- p r et e r ( a n d, if s o, w hi c h p a rt y will p a y t h e c o st s f o r t h e i nt e r p r et e r).

CRITICAL

Applies to

Pretrial order

The JPTO must list trial counsel names, addresses including firm names, and telephone numbers.

7. 1. 2. P a rti e s a n d c o u n s el : T h e n a m e s, a d d r e s s e s (i n cl u di n g fi r m n a m e s), a n d t el e- p h o n e n u m b e r s of t ri al c o u n s el.

CRITICAL

Applies to

Pretrial order

The JPTO must include each party’s detailed relief sought, including damages calculations and element-by-element breakdown.

7. 1. 7. St at e m e nt of r eli ef s o u g ht : A d et ail e d st at e m e nt of t h e d a m a g e s a n d ot h e r r eli ef s o u g ht b y e a c h p a rt y , in cl u di n g t h e m a n n e r a n d m et h o d u s e d t o c al c ul at e a n y cl ai m e d d a m a g e s a n d a b r e a k d o w n of t h e el e m e nt s of s u c h cl ai m e d d a m a g e s.

CRITICAL

Applies to

Pretrial order

Each party must provide a jurisdiction statement with supporting legal citations and relevant jurisdictional facts.

7. 1. 3. J u ri s di cti o n : A b ri ef st at e m e nt b y e a c h p a rt y e x pl ai ni n g t h e b a si s o r a b s e n c e of s u bj e ct -m att e r j u ri s di cti o n. T h e s e st at e m e nt s s h all i n cl u d e cit ati o n s t o all : (i) st at- ut e s a n d l e g al d o ct ri n e s r eli e d o n a n d (ii) r el e v a nt f a ct s c o n c e r ni n g citi z e n s hi p a n d j u ri s di cti o n al a m o u nt.

CRITICAL

Applies to

Pretrial order

The JPTO must state whether all parties consent to magistrate-judge trial but may not identify which parties did or did not consent.

7. 1. 6. C o n s e nt t o tri al b y a M a gi st r at e J u d g e : A st at e m e nt a s t o w h et h e r all p a rti e s h a v e c o n s e nt e d t o t ri al of t h e c a s e b y a M a gi st r at e J u d g e . T h e st at e m e nt s h all n ot i d e ntif y w hi c h p a rti e s h a v e o r h a v e n ot c o n s e nt e d.

CRITICAL

Applies to

Pretrial order

The JPTO must include an exhibit schedule identifying exhibits and the offering party if not admitted by stipulation.

7. 1. 1 1. E x hi bit s : A s c h e d ul e li sti n g e x hi bit s t o b e off e r e d i nt o e vi d e n c e a n d, if n ot a d- mitt e d b y sti p ul ati o n, t h e p a rt y o r p a rti e s t h at will b e off e ri n g t h e m.

CRITICAL

Applies to

Motion in limine

A motion in limine is required for anticipated FRE 608(b) or 609 cross-examination and must explain admissibility.

P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s -e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9 , o utli ni n g w h y t h e p r o p o n e nt’ s i nt e n d e d e x hi bit( s) a n d / o r a r e a( s) o r c r o s s -e x a mi n ati o n a r e a d mi s si bl e u n d e r t h e r el e v a nt r ul e.

CRITICAL

Applies to

Exhibit list

The exhibit list emailed to Chambers must be in Word format and contain four specified columns.

A li st of all e x hi bit s e m ail e d t o C h a m b e r s i n a W o r d D o c u m e nt, wit h f o u r c ol- u m n s l a b el e d a s f oll o w s: ( 1) “ E x hi bit N u m b e r”; ( 2) “ D e s c ri pti o n” ( of t h e e x- hi bit); ( 3) “ D at e I d e ntifi e d”; a n d ( 4) “ D at e A d mitt e d.”

CRITICAL

Applies to

Documentary exhibits

When the JPTO is filed, each party must submit documentary exhibits to the Court and serve opposing counsel, but not file those exhibits on ECF.

At t h e ti m e t h e J P T O i s fil e d, e a c h p a rt y s h all s u b mit t o t h e C o u rt a n d s e r v e o n o p p o si n g c o u n s el, b ut n ot fil e o n E C F, all d o c u m e nt a r y e x hi bit s.

CRITICAL

Applies to

Statement of claim and defense elements

For non-jury trials, each party must submit a statement of claim and defense elements with supporting factual summaries for each element.

A st at e m e nt of t h e el e m e nt s of e a c h cl ai m a n d d ef e n s e t o g et h e r wit h a s u m- m a r y of t h e f a ct s r eli e d u p o n t o e st a bli s h e a c h el e m e nt .

CRITICAL

Applies to

Joint requests to charge verdict sheets voir dire questions

In jury cases, joint requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed one week before the final pre-trial conference.

O n e w e e k b ef o r e t h e fi n al p r e-t ri al c o nf e r e n c e, t h e p a rti e s s h all f il e j oi nt r e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s.

CRITICAL

Applies to

Motion in limine expert testimony

In criminal cases, expert-testimony exclusion or limitation motions in limine must be filed at least 45 days before trial.

8. 1. 1. At l e a st f o rt y -fi v e ( 4 5) d a y s b ef o r e t h e s c h e d ul e d t ri al d at e, t h e p a rti e s t o a c ri mi n al c a s e m u st fil e a n y m oti o n s t o e x cl u d e o r li mit t h e t e sti m o n y of e x p e rt s p u r s u a nt t o R ul e s 7 0 2 – 7 0 5 of t h e F e d e r al R ul e s of E vi d e n c e, i n cl u di n g b ut n ot li mit e d t o m oti o ns t o e x cl u d e s ci e ntifi c o r t e c h ni c al e vi d e n c e u n d e r t h e D a u b e rt v. M e r r ell D o w P h a r m a c e uti c al s, I n c. , 5 0 9 U. S. 5 7 9 ( 1 9 9 3) li n e of c a s e s.

CRITICAL

Applies to

Affidavit objections and cross exam list

Within three business days after affidavit submission, each party must file objection lists and identify affiants they intend to cross-examine at trial.

T h r e e b u si n e s s d a y s aft e r s u b mi s si o n of s u c h affi d a vit s, c o u n s el f o r e a c h p a rt y s h all s u b mit: ( 1) a li st of a n y o bj e cti o n s t o p a rti c ul a r p a r a g r a p h s of a n affi d a vit; a n d ( 2) a li st of all affi a nt s w h o m t h e y i nt e n d t o c r o s s -e x a mi n e at t h e t ri al.

CRITICAL

Applies to

Deposition excerpts and synopsis

Parties must submit substantive deposition excerpts plus a one-page synopsis for each deposition with page citations.

A ll d e p o siti o n e x c e r pt s t h at will b e off e r e d a s s u b st a nti v e e vi d e n c e, a s w ell a s a o n e -p a g e s y n o p si s of t h o s e e x c e r pt s f o r e a c h d e p o siti o n. E a c h s y n o p si s s h all i n cl u d e p a g e cit ati o n s t o t h e p e rti n e nt p a g e s of t h e d e p o siti o n t r a n s c ri pt s.

CRITICAL

Applies to

Motion in limine other evidentiary issues

In criminal cases, all other motions in limine must be filed and served at least 30 days before trial, and anticipated FRE 608(b) or 609 cross-examination issues require a motion in limine.

8. 1. 2. At l e a st t hi rt y ( 3 0) d a y s p ri o r t o t h e s c h e d ul e d t ri al d at e, t h e p a rti e s s h all fil e a n d s e r v e all ot h e r m oti o n s a d d r e s si n g e vi d e nti a r y o r ot h e r i s s u e s t h at s h o ul d b e r e s ol v e d i n li mi n e. P a rti e s m u st fil e a m oti o n i n li mi n e f o r a nti ci p at e d c r o s s- e x a mi n ati o n u n d e r F e d e r al R ul e s of E vi d e n c e 6 0 8( b) o r 6 0 9

CRITICAL

Applies to

Jury instructions and voir dire questions

Proposed voir dire questions and jury instructions must include the full requested text and, when available, supporting authority citations.

T h e v oi r di r e q u e s- ti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

CRITICAL

Applies to

Jury instructions verdict forms voir dire questions

In jury cases, requests to charge, proposed verdict sheets, and proposed voir dire questions must be filed on ECF and emailed to chambers in Microsoft Word format at least 14 days before jury selection.

R e q u e st s t o c h a r g e, p r o p o s e d v e r di ct s h e et s, a n d p r o p o s e d v oi r di r e q u e sti o n s i n j u r y c a s e s s h all b e fil e d o n E C F a n d p r o vi d e d t o C h a m b e r s vi a e m ail i n Mi c r o s oft W o r d f o r m at s n o l at e r t h a n f o u rt e e n ( 1 4) d a y s b ef o r e j u r y s el e cti o n

CRITICAL

Applies to

Default judgment motion

Supporting default-judgment materials must be filed on ECF and a courtesy copy must be provided when required by Individual Rule 1.3.

3. I n c o n n e cti o n wit h a n y M oti o n f o r D ef a ult J u d g m e nt m a d e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2), fil e t h e f oll o wi n g o n E C F ( a n d p r o vi d e a c o u r- t e s y c o p y w he r e r e q ui r e d u n d e r I n di vi d u al R ul e 1. 3 ):

CRITICAL

Applies to

Default judgment motion

A plaintiff must obtain a Certificate of Default for each defaulting defendant before seeking default judgment.

1. O bt ai n a C e rtifi c at e of D ef a ult f o r e a c h d ef a ulti n g d ef e n d a nt f r o m t h e Cl e r k’ s Offi c e p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e R ul e 5 5( a) a n d L o c al Ci vil R ul e 5 5. 1.

CRITICAL

Applies to

Default judgment motion supporting declaration

A default-judgment motion must include an attorney declaration or affidavit establishing the basis for entry of default judgment and required supporting details.

a. A n att o r n e y’ s d e cl a r ati o n o r affi d a vit s etti n g f o rt h t h e b a si s f o r e nt e ri n g a d ef a ult j u d g m e nt, i n cl u di n g:

CRITICAL

Applies to

Default judgment motion

Default judgment must be sought by motion on ECF, not by order to show cause.

2. F il e a M oti o n f o r D ef a ult J u d g m e nt o n E C F p u r s u a nt t o F e d e r al R ul e of Ci vil P r o c e d u r e 5 5( b)( 2) a n d L o c al Ci vil R ul e 5 5. 2( b). A pl ai ntiff s e e ki n g a d ef a ult j u d g m e nt s h o ul d n ot p r o c e e d b y o r d e r t o s h o w c a u s e.

CRITICAL

Applies to

Default judgment motion

Must include

certificate of service

If the Court sets a default-judgment hearing, the plaintiff must serve specified papers on the defaulting party and file proof of that service as directed.

If t h e C o u rt i s s u e s s u c h a n o r d e r, t h e pl ai ntiff m u st t h e n s e r v e o n t h e p a rt y a g ai n st w h o m d ef a ult j u d g m e nt i s s o u g ht: ( 1) t h e m oti o n f o r d ef a ult j u d g m e nt a n d s u p p o rti n g p a p e r s; a n d ( 2) t h e C o u rt’ s o r d e r s etti n g a d at e a n d ti m e f o r t h e d ef a ult j u d g m e nt h e a ri n g. T h e pl ai ntiff m u st fil e p r o of of s u c h s e r vi c e o n t h e d o c k et i n t h e m a n n e r a n d d at e s p e cifi e d i n t h e C o u r t’ s O r d e r s etti n g t h e d e- f a ult j u d g m e nt h e a ri n g.

CRITICAL

Applies to

Proposed judgment

Before the return date, the proposed judgment must be separately backed and taken to the Orders and Judgments Clerk for approval.

P ri o r t o t h e r et u r n d at e, t a k e t h e p r o p o s e d j u d g m e nt, s e p a r at el y b a c k e d, t o t h e O r d e r s a n d J u d g m e nt s Cl e r k f o r t h e Cl e r k’ s a p p r o v al.

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include a Servicemembers Civil Relief Act affidavit stating military-service status and supporting facts.

f. A n affi d a vit , a s r e q ui r e d b y t h e S e r vi c e m e m b e r s Ci vil R eli ef A ct, “st at- i n g w h et h e r o r n ot t h e d ef e n d a nt i s i n milit a r y s e r vi c e a n d s h o wi n g n e c- e s s a r y f a ct s t o s u p p o rt t h e affi d a vit . . . .” 5 0 U. S. C. § 3 9 3 1( b)( 1)( A).

CRITICAL

Applies to

Default judgment motion

Copies of all pleadings must be filed in support of a default-judgment motion.

c. C o pi e s of all of t h e pl e a di n g s.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A proposed default judgment must be submitted with the default-judgment motion package.

b. A p r o p o s e d d ef a ult j u d g m e nt .

CRITICAL

Applies to

Pretrial order

The JPTO must state whether the case will be jury or bench and estimate the number of trial days needed.

7. 1. 5. J u r y o r b e n c h tri al a n d tri al le n gt h : A st at e m e nt b y e a c h p a rt y a s t o w h et h e r t h e c a s e i s t o b e t ri e d wit h o r wit h o ut a j u r y, a n d t h e n u m b e r of t ri al d a y s n e e d e d.

CRITICAL

Applies to

Jury instructions and voir dire questions

Voir dire questions and jury instructions must include the requested text and available supporting authority citations.

T h e v oi r di r e q u e sti o n s a n d j u r y i n st r u cti o n s s h all i n cl u d e b ot h t h e t e xt of a n y r e q u e st e d q u e sti o n o r i n st r u cti o n a s w ell a s a cit ati o n, if a v ail a bl e, t o t h e a ut h o rit y f r o m w hi c h it d e ri v e s.

CRITICAL

Applies to

Certificate

Must include

certificate of service

In cases involving a pro se litigant, counsel must provide a copy of the Individual Rules and file a certificate of service as early as practicable.

P r o vi d e p r o s e liti g a nt s wit h a c o p y of t hi s C o u rt’ s I n di vi d u al R ul es a n d fil e a c e rtifi c at e of s e r vi c e a s e a rl y a s p r a cti c a bl e i n t h e liti g ati o n.

CRITICAL

Applies to

Proposed judgment

The proposed judgment, including damages and interest calculations, must be Clerk-approved before the conference and then brought for the Judge’s signature.

T h e p r o p o s e d j u d g m e nt, i n cl u di n g all d a m a g e a n d i nt e r e st c al c ul ati o n s, m u st b e a p p r o v e d b y t h e Cl e r k p ri o r t o t h e c o nf e r e n c e a n d t h e n b r o u g ht t o t h e c o n- f e r e n c e f o r t h e J u d g e’ s si g n at u r e.

CRITICAL

Applies to

Proposed findings conclusions

In civil bench trials, parties must file proposed findings of fact and conclusions of law within 10 days after trial unless the Court sets a different deadline.

I n n o n -j u r y t ri al s, p a rti e s s h all fil e p r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w n o l at e r t h a n t e n ( 1 0) d a y s aft e r t h e c o n cl u si o n of t ri al u nl e s s t h e C o u rt s et s a diff e r e nt fili n g d e a dli n e.

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include a Certificate of Default from the Clerk of Court.

e. A C e rtifi c at e of D ef a ult f r o m t h e Cl e r k of C o u rt .

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include a copy of the affidavit of service of the summons and complaint.

d. A c o p y of t h e affi d a vit of s e r vi c e of t h e s u m m o n s a n d c o m pl ai nt.

CRITICAL

Applies to

Federal criminal rule 12 4 disclosure statement

The Government must file a Rule 12.4 disclosure statement before the first appearance when applicable.

T h e G o v e r n m e nt s h all fil e a F e d e r al C ri mi n al R ul e 1 2. 4 di s cl o s u r e st at e m e nt b ef o r e t h e fi r st a p p e a r a n c e, w h e n a p pli c a bl e.

CRITICAL

Applies to

Proposed findings conclusions

P r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w. T h e p r o p o s e d fi n di n g s of f a ct s h o ul d b e d et ail e d a n d s h o ul d i n cl u d e cit ati o n s t o t h e p r off e r e d t ri al t e sti m o n y a n d e x hi bit s, a s t h e r e m a y b e n o o p p o rt u nit y f o r p o st -t ri al s u b mi s si o n s.

P r o p o s e d fi n di n g s of f a ct a n d c o n cl u si o n s of l a w. T h e p r o p o s e d fi n di n g s of f a ct s h o ul d b e d et ail e d a n d s h o ul d i n cl u d e cit ati o n s t o t h e p r off e r e d t ri al t e sti m o n y a n d e x hi bit s, a s t h e r e m a y b e n o o p p o rt u nit y f o r p o st -t ri al s u b mi s si o n s.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders and jury instructions must be filed on ECF and emailed in PDF and Word format.

Proposed orders, jury instructions, and other writings that a party requests that the Court adopt shall be filed on ECF and emailed, in PDF and word-processing format, to Choudhury_Chambers@nyed.uscourts.gov. Parties need not submit word-processing files of stipulations of dismissal, of settlement, or of motions for extensions of time unless requested by the Court.

CRITICAL

Applies to

Plea agreement

Absent exceptional circumstances, parties must provide the Court a copy of any plea agreement at least 72 hours before a change-of-plea hearing.

A b s e nt e x c e pti o n al ci r c u m st a n c e s, t h e p a rti e s s h all p r o vi d e t h e C o u rt wit h a c o p y of a n y pl e a a g r e e m e nt at l e a st s e v e nt y- t w o ( 7 2) h o u r s b ef o r e a c h a n g e - of-pl e a h e a ri n g.

CRITICAL

Applies to

Ecf confirmation

After the required electronic-equipment meeting, the party must file a written ECF confirmation that the meeting occurred.

F oll o wi n g s u c h m e eti n g, s u c h p a rt y s h all fil e a c o nfi r m ati o n i n w riti n g vi a E C F t h at t hi s m e eti n g h a s o c c u r r e d.

CRITICAL

Applies to

Direct testimony affidavits

In non-jury trials, direct testimony affidavits must be submitted for trial witnesses, with specified exceptions for adverse or subpoenaed witnesses and others approved for live direct testimony.

C o pi e s of affi d a vit s c o n stit uti n g t h e di r e ct t e sti m o n y of e a c h t ri al wit n e s s, e x- c e pt f o r t h e di r e ct t e sti m o n y of a n a d v e r s e p a rt y, a p e r s o n w h o s e att e n d a n c e i s c o m p ell e d b y s u b p o e n a, o r a p e r s o n f o r w h o m t h e C o u rt h a s a g r e e d t o h e a r di r e ct t e sti m o n y li v e at t h e t ri al.

CRITICAL

Applies to

Correspondence

Must include

caption, case number

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

All correspondence shall identify on whose behalf counsel is writing and must include the case, name, docket number, and initials of the judge(s) assigned to the case.

CRITICAL

Applies to

Motion to seal

The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.

The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.

CRITICAL

Applies to

Redacted filing

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

When seeking to file a redacted document, the filing party must submit either: (a) the unredacted and redacted versions of the document together; or (b) the unredacted version with the proposed redactions highlighted such that the text to be redacted is still visible.

CRITICAL

Applies to

State court record submission

If required state-court-record documents are missing, the respondent must identify them and submit a sworn detailed explanation.

If the respondent is unable to submit any of these documents, the respondent shall identify the missing documents and provide a sworn, detailed statement as to why those documents were not submitted.

CRITICAL

Applies to

Pre motion letter

Pre-motion letters and responses must include sufficient legal authority.

Pre-motion letters and responses must contain sufficient legal authority to serve this purpose.

CRITICAL

Applies to

State court record

The respondent’s state court record submission must include the specified categories of transcripts, briefs, supporting papers, and related orders.

The state court record shall include copies of:

CRITICAL

Applies to

Tro letter

A TRO applicant must promptly file an ECF letter (under seal if ex parte) stating notice/consent details or Rule 65(b)(1) justification for no notice.

As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (under seal if proceeding ex parte) and state clearly: (1) whether and how it has notified its adversary and whether the adversary consents to temporary injunctive relief; or (2) why the requirements of Federal Rule of Civil Procedure 65(b)(1) are satisfied and no notice is necessary.

CRITICAL

Applies to

Stipulation of fact

In Social Security judgment-on-the-pleadings practice, parties must confer and prepare a factual stipulation including a treatment chronology.

Parties seeking or opposing judgment on the pleadings in social security cases shall confer and prepare a stipulation of fact with a chronology of medical treatment.

CRITICAL

Applies to

Stipulation of fact

The Social Security stipulation must be filed on ECF at full briefing and must present all relevant administrative-record facts chronologically with record citations.

The stipulation shall be filed on ECF when the motion is fully briefed and shall set forth all relevant facts in the administrative record, including information contained in the treatment and medical records, in chronological order and with citations to the record.

CRITICAL

Applies to

Motion

Appeals of release or detention orders must include the magistrate-judge transcript if available.

Any party appealing a magistrate judge’s Order of Release or Order of Detention shall include a copy of the transcript before the magistrate judge with their motion, if the transcript is available.

CRITICAL

Applies to

Pretrial order

Must include

caption

The joint pretrial order must include the full case caption.

Caption: The full caption of the action

CRITICAL

Applies to

Letter

The appeal letter must specify which parts of the magistrate judge’s determination are being challenged.

Such letter must set forth the specific aspects of the magistrate judge’s determination that are being challenged.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must summarize remaining claims/defenses and include citations to statutes relied on.

Claims and Defenses: A brief summary by each party of the elements of the claims and defenses that party has asserted which remain to be tried, including citations to all statutes relied on.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must list trial counsel names, firm-inclusive addresses, and telephone/fax numbers.

Parties and Counsel: The names, addresses (including firm names), and telephone and fax numbers of trial counsel.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must include jurisdiction statements from parties with supporting statutes, legal doctrines, and jurisdictional facts.

Jurisdiction: A brief statement by plaintiff as to the basis of subject matter jurisdiction and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes and legal doctrines relied on and relevant facts as to citizenship and jurisdictional amount.

CRITICAL

Applies to

Motion in limine

A party relying on FRE 608(b) or 609 must file a motion in limine explaining admissibility.

If a party seeks to introduce evidence through cross-examination or otherwise under either Federal Rule of Evidence 608(b) or 609, the party must file a motion in limine outlining why its intended exhibit(s) and/or area(s) of cross-examination are admissible under the relevant rule.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must state whether trial is jury or bench and estimate required trial days.

Jury or Bench Trial: A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

CRITICAL

Applies to

Exhibits

Exhibits must be pre-marked and exchanged at least 15 days before trial.

All exhibits must be pre-marked for the trial and exchanged with the other parties at least 15 days before trial.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must include each party’s deposition designations along with cross-designations and objections.

Deposition Testimony: A designation by each party of deposition testimony to be offered in its case in chief, with any cross- designations and objections by any other party.

CRITICAL

Applies to

Exhibits

Only listed exhibits may be admitted unless good cause is shown.

Only exhibits listed will be received in evidence except for good cause shown.

CRITICAL

Applies to

Verdict sheet

Verdict sheets must include damages-calculation formulae when applicable.

Verdict sheets must include formulae for the calculation of damages where applicable.

CRITICAL

Applies to

Letter

The parties must file a joint ECF letter certifying transmission of those jury-related submissions.

The parties shall submit a joint letter on ECF certifying that these items have been transmitted.

CRITICAL

Applies to

Filing

In multi-defendant criminal cases, each filing must specify which defendant or defendants it concerns.

In a multi-defendant case, all filings must designate the specific defendant or defendants as to who the filing pertains.

CRITICAL

Applies to

Motion in limine

Motions in limine on disputed evidentiary or trial-management issues must be filed at least 30 days before jury selection begins.

Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than 30 days before the date fixed for commencement of jury selection.

CRITICAL

Applies to

Guilty plea notice

A guilty plea on a supervised-release violation requires at least 2 days’ notice and must identify the specific violations.

The Court requires at least two (2) days’ notice of a guilty plea on a violation of supervised release. The notice must specify the violations as to which the defendant intends to plead guilty.

CRITICAL

Applies to

Proposed findings conclusions

In non-jury trials, proposed findings and conclusions are due within 10 days after trial unless otherwise ordered, and responses are not allowed.

For non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than 10 days after the conclusion of trial, unless the Court sets a different filing deadline. Responses to such submissions are not permitted.

CRITICAL

Applies to

Memorandum of law

Criminal-case memoranda of law must follow the civil-motion memorandum rules unless the court directs otherwise.

Parties in criminal cases shall follow the rules for memoranda of law in civil motions, as set forth in Section III, Part E of these Rules, unless otherwise directed by the Court.

CRITICAL

Applies to

Motion

Regardless, 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 a 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.

Regardless, 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 a 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.

CRITICAL

Applies to

Presentence report objection

Any party objecting to a presentence report must identify the exact language and paragraph numbers being challenged.

Any objecting party must identify the specific language and paragraph numbers of the presentence report to which it objects.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must include witness lists with addresses and expected testimony summaries, and generally limits testimony to listed witnesses absent prompt notice and good cause.

Witnesses: A list of names and addresses by each party as to the fact and expert witnesses whose testimony is to be offered in its case in chief, together with 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 good cause shown.

CRITICAL

Applies to

Answer

The respondent’s answer must attach relevant transcript excerpts with enough context for fair understanding.

The respondent’s answer shall attach excerpts of any transcripts that the respondent considers relevant, including any context needed for a full and fair understanding of those excerpts.

CRITICAL

Applies to

Cover letter

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

The party must also file a cover letter on ECF describing the video/audio evidence submitted to the Court.

CRITICAL

Applies to

Exhibits

Plaintiff exhibits must be numbered and defendant exhibits must be lettered.

The plaintiff’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters.

CRITICAL

Applies to

Cover letter

Only a copy of the cover letter shall be electronically filed in advance of the fully-briefed motion, and it must be filed as a letter, not as a motion.

Only a copy of the cover letter shall be electronically filed in advance of the fully-briefed motion, and it must be filed as a letter, not as a motion.

CRITICAL

Applies to

Correspondence

Must include

caption, case number

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

All correspondence shall identify on whose behalf counsel is writing and must include the case, name, docket number, and initials of the judge(s) assigned to the case.

CRITICAL

Applies to

Motion to seal

The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.

The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.

CRITICAL

Applies to

Redacted filing

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

When seeking to file a redacted document, the filing party must submit either: (a) the unredacted and redacted versions of the document together; or (b) the unredacted version with the proposed redactions highlighted such that the text to be redacted is still visible.

CRITICAL

Applies to

State court record submission

If required state-court-record documents are missing, the respondent must identify them and submit a sworn detailed explanation.

If the respondent is unable to submit any of these documents, the respondent shall identify the missing documents and provide a sworn, detailed statement as to why those documents were not submitted.

CRITICAL

Applies to

Pre motion letter

Pre-motion letters and responses must include sufficient legal authority.

Pre-motion letters and responses must contain sufficient legal authority to serve this purpose.

CRITICAL

Applies to

State court record

The respondent’s state court record submission must include the specified categories of transcripts, briefs, supporting papers, and related orders.

The state court record shall include copies of:

CRITICAL

Applies to

Tro letter

A TRO applicant must promptly file an ECF letter (under seal if ex parte) stating notice/consent details or Rule 65(b)(1) justification for no notice.

As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (under seal if proceeding ex parte) and state clearly: (1) whether and how it has notified its adversary and whether the adversary consents to temporary injunctive relief; or (2) why the requirements of Federal Rule of Civil Procedure 65(b)(1) are satisfied and no notice is necessary.

CRITICAL

Applies to

Stipulation of fact

In Social Security judgment-on-the-pleadings practice, parties must confer and prepare a factual stipulation including a treatment chronology.

Parties seeking or opposing judgment on the pleadings in social security cases shall confer and prepare a stipulation of fact with a chronology of medical treatment.

CRITICAL

Applies to

Stipulation of fact

The Social Security stipulation must be filed on ECF at full briefing and must present all relevant administrative-record facts chronologically with record citations.

The stipulation shall be filed on ECF when the motion is fully briefed and shall set forth all relevant facts in the administrative record, including information contained in the treatment and medical records, in chronological order and with citations to the record.

CRITICAL

Applies to

Motion

Appeals of release or detention orders must include the magistrate-judge transcript if available.

Any party appealing a magistrate judge’s Order of Release or Order of Detention shall include a copy of the transcript before the magistrate judge with their motion, if the transcript is available.

CRITICAL

Applies to

Pretrial order

Must include

caption

The joint pretrial order must include the full case caption.

Caption: The full caption of the action

CRITICAL

Applies to

Letter

The appeal letter must specify which parts of the magistrate judge’s determination are being challenged.

Such letter must set forth the specific aspects of the magistrate judge’s determination that are being challenged.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must summarize remaining claims/defenses and include citations to statutes relied on.

Claims and Defenses: A brief summary by each party of the elements of the claims and defenses that party has asserted which remain to be tried, including citations to all statutes relied on.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must list trial counsel names, firm-inclusive addresses, and telephone/fax numbers.

Parties and Counsel: The names, addresses (including firm names), and telephone and fax numbers of trial counsel.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must include jurisdiction statements from parties with supporting statutes, legal doctrines, and jurisdictional facts.

Jurisdiction: A brief statement by plaintiff as to the basis of subject matter jurisdiction and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes and legal doctrines relied on and relevant facts as to citizenship and jurisdictional amount.

CRITICAL

Applies to

Motion in limine

A party relying on FRE 608(b) or 609 must file a motion in limine explaining admissibility.

If a party seeks to introduce evidence through cross-examination or otherwise under either Federal Rule of Evidence 608(b) or 609, the party must file a motion in limine outlining why its intended exhibit(s) and/or area(s) of cross-examination are admissible under the relevant rule.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must state whether trial is jury or bench and estimate required trial days.

Jury or Bench Trial: A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

CRITICAL

Applies to

Exhibits

Exhibits must be pre-marked and exchanged at least 15 days before trial.

All exhibits must be pre-marked for the trial and exchanged with the other parties at least 15 days before trial.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must include each party’s deposition designations along with cross-designations and objections.

Deposition Testimony: A designation by each party of deposition testimony to be offered in its case in chief, with any cross- designations and objections by any other party.

CRITICAL

Applies to

Exhibits

Only listed exhibits may be admitted unless good cause is shown.

Only exhibits listed will be received in evidence except for good cause shown.

CRITICAL

Applies to

Verdict sheet

Verdict sheets must include damages-calculation formulae when applicable.

Verdict sheets must include formulae for the calculation of damages where applicable.

CRITICAL

Applies to

Letter

The parties must file a joint ECF letter certifying transmission of those jury-related submissions.

The parties shall submit a joint letter on ECF certifying that these items have been transmitted.

CRITICAL

Applies to

Filing

In multi-defendant criminal cases, each filing must specify which defendant or defendants it concerns.

In a multi-defendant case, all filings must designate the specific defendant or defendants as to who the filing pertains.

CRITICAL

Applies to

Motion in limine

Motions in limine on disputed evidentiary or trial-management issues must be filed at least 30 days before jury selection begins.

Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than 30 days before the date fixed for commencement of jury selection.

CRITICAL

Applies to

Guilty plea notice

A guilty plea on a supervised-release violation requires at least 2 days’ notice and must identify the specific violations.

The Court requires at least two (2) days’ notice of a guilty plea on a violation of supervised release. The notice must specify the violations as to which the defendant intends to plead guilty.

CRITICAL

Applies to

Proposed findings conclusions

In non-jury trials, proposed findings and conclusions are due within 10 days after trial unless otherwise ordered, and responses are not allowed.

For non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than 10 days after the conclusion of trial, unless the Court sets a different filing deadline. Responses to such submissions are not permitted.

CRITICAL

Applies to

Memorandum of law

Criminal-case memoranda of law must follow the civil-motion memorandum rules unless the court directs otherwise.

Parties in criminal cases shall follow the rules for memoranda of law in civil motions, as set forth in Section III, Part E of these Rules, unless otherwise directed by the Court.

CRITICAL

Applies to

Motion

Regardless, 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 a 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.

Regardless, 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 a 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.

CRITICAL

Applies to

Presentence report objection

Any party objecting to a presentence report must identify the exact language and paragraph numbers being challenged.

Any objecting party must identify the specific language and paragraph numbers of the presentence report to which it objects.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must include witness lists with addresses and expected testimony summaries, and generally limits testimony to listed witnesses absent prompt notice and good cause.

Witnesses: A list of names and addresses by each party as to the fact and expert witnesses whose testimony is to be offered in its case in chief, together with 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 good cause shown.

CRITICAL

Applies to

Answer

The respondent’s answer must attach relevant transcript excerpts with enough context for fair understanding.

The respondent’s answer shall attach excerpts of any transcripts that the respondent considers relevant, including any context needed for a full and fair understanding of those excerpts.

CRITICAL

Applies to

Cover letter

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

The party must also file a cover letter on ECF describing the video/audio evidence submitted to the Court.

CRITICAL

Applies to

Exhibits

Plaintiff exhibits must be numbered and defendant exhibits must be lettered.

The plaintiff’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters.

CRITICAL

Applies to

Cover letter

Only a copy of the cover letter shall be electronically filed in advance of the fully-briefed motion, and it must be filed as a letter, not as a motion.

Only a copy of the cover letter shall be electronically filed in advance of the fully-briefed motion, and it must be filed as a letter, not as a motion.

CRITICAL

Applies to

Video audio exhibit

Oversized video/audio exhibits cannot be submitted by USB/CD and require chambers instructions plus an ECF cover letter describing the evidence.

Video/audio exhibits that are too large to file on ECF may not be submitted via USB or CD. The filing party should contact chambers and will receive instructions for filing such exhibits. The party must also file a cover letter on ECF describing the video/audio evidence submitted to the Court.

CRITICAL

Applies to

Faxed document

Any document sent by fax must also be filed electronically.

Documents faxed must be electronically filed.

CRITICAL

Applies to

Summary judgment motion

A moving party filing summary judgment against a pro se litigant must provide the notice required by Local Civil Rule 56.2.

In any case where a summary judgment motion is filed against a pro se litigant, the moving party is directed to comply with the notice required by Local Civil Rule 56.2.

CRITICAL

Applies to

Pretrial order

Must include

caption

Unless the Court orders otherwise, parties must submit a proposed pretrial order within 60 days after discovery completion, and it must contain specified required contents.

Unless otherwise ordered by the court, within 60 days from the date for the completion of discovery in a civil case, the parties shall submit to the court a proposed pretrial order, which shall include the following:

CRITICAL

Applies to

Motion papers

On full briefing, each party must e-file its own papers, except the moving party must file both sides' papers when the non-moving party is pro se.

On the day the motion is fully briefed, each party shall electronically file its own moving papers, except where the non- moving party is pro se, in which case the moving party shall file both parties’ papers.

CRITICAL

Applies to

Video audio exhibit

Oversized video/audio exhibits cannot be submitted by USB/CD and require chambers instructions plus an ECF cover letter describing the evidence.

Video/audio exhibits that are too large to file on ECF may not be submitted via USB or CD. The filing party should contact chambers and will receive instructions for filing such exhibits. The party must also file a cover letter on ECF describing the video/audio evidence submitted to the Court.

CRITICAL

Applies to

Faxed document

Any document sent by fax must also be filed electronically.

Documents faxed must be electronically filed.

CRITICAL

Applies to

Summary judgment motion

A moving party filing summary judgment against a pro se litigant must provide the notice required by Local Civil Rule 56.2.

In any case where a summary judgment motion is filed against a pro se litigant, the moving party is directed to comply with the notice required by Local Civil Rule 56.2.

CRITICAL

Applies to

Pretrial order

Must include

caption

Unless the Court orders otherwise, parties must submit a proposed pretrial order within 60 days after discovery completion, and it must contain specified required contents.

Unless otherwise ordered by the court, within 60 days from the date for the completion of discovery in a civil case, the parties shall submit to the court a proposed pretrial order, which shall include the following:

CRITICAL

Applies to

Motion papers

On full briefing, each party must e-file its own papers, except the moving party must file both sides' papers when the non-moving party is pro se.

On the day the motion is fully briefed, each party shall electronically file its own moving papers, except where the non- moving party is pro se, in which case the moving party shall file both parties’ papers.

CRITICAL

Applies to

Submission

Submissions citing record material must include evidentiary citations.

Required for all submissions that cite record material.

CRITICAL

Applies to

Proposed findings conclusions

After a non-jury trial, proposed findings of fact and conclusions of law must be filed within ten days, and responses are not allowed.

File proposed findings of fact and conclusions of law ten days after trial. No responses permitted.

CRITICAL

Applies to

All documents

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.

CRITICAL

Applies to

Submission

Any submission citing record material must include evidentiary citations with specific transcript pages.

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

CRITICAL

Applies to

Local rule 56 1 statement

In non-pro-se cases, an opposing Local Rule 56.1 statement must quote each moving-party allegation verbatim and respond directly beneath it.

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.

CRITICAL

Applies to

Sur reply

A sur-reply may be filed only with prior authorization.

Sur-replies require prior authorization.

CRITICAL

Applies to

Evidentiary filings

Evidentiary exhibit filings must include a declaration identifying each exhibit and its page range within the compiled PDF.

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

CRITICAL

Applies to

Exhibits

Exhibits must be filed on ECF with descriptive short titles rather than generic labels.

The exhibits shall be designated on ECF with short titles. E.g., “Ex. 1 – Doe Declaration,” rather than “Ex. 1.”

CRITICAL

Applies to

Pretrial order

In civil cases, parties must jointly submit a proposed pretrial order within 60 days after discovery closes unless the Court orders otherwise.

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:

CRITICAL

Applies to

Pretrial 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.

CRITICAL

Applies to

Pretrial 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.

CRITICAL

Applies to

Proposed findings conclusions

After a non-jury trial, parties must file proposed findings and conclusions within ten days, and no responses are allowed.

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.

CRITICAL

Applies to

Certificate

Must include

certificate of service

Counsel must provide pro se litigants the Court’s individual rules and file a certificate of service early in the case.

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.

CRITICAL

Applies to

Letter

Letter-form filings must include both the addressee and subject matter in the ECF header.

Any filing styled as a “Letter” shall identify in its ECF header (i) the addressee and (ii) the subject matter.

CRITICAL

Applies to

Documentary evidence

Counsel must prepare specified copy sets of documentary evidence for the Court and courtroom participants when a witness will reference documents on direct examination.

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.

CRITICAL

Applies to

Pretrial order

Must include

caption

The proposed pretrial order must include the full case caption.

1. Caption: The full caption of the action.

CRITICAL

Applies to

Transcript excerpts

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.

CRITICAL

Applies to

Submission

Submissions citing record material must include evidentiary citations.

Required for all submissions that cite record material.

CRITICAL

Applies to

Proposed findings conclusions

After a non-jury trial, proposed findings of fact and conclusions of law must be filed within ten days, and responses are not allowed.

File proposed findings of fact and conclusions of law ten days after trial. No responses permitted.

CRITICAL

Applies to

All documents

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.

CRITICAL

Applies to

Submission

Any submission citing record material must include evidentiary citations with specific transcript pages.

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

CRITICAL

Applies to

Local rule 56 1 statement

In non-pro-se cases, an opposing Local Rule 56.1 statement must quote each moving-party allegation verbatim and respond directly beneath it.

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.

CRITICAL

Applies to

Sur reply

A sur-reply may be filed only with prior authorization.

Sur-replies require prior authorization.

CRITICAL

Applies to

Evidentiary filings

Evidentiary exhibit filings must include a declaration identifying each exhibit and its page range within the compiled PDF.

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

CRITICAL

Applies to

Exhibits

Exhibits must be filed on ECF with descriptive short titles rather than generic labels.

The exhibits shall be designated on ECF with short titles. E.g., “Ex. 1 – Doe Declaration,” rather than “Ex. 1.”

CRITICAL

Applies to

Pretrial order

In civil cases, parties must jointly submit a proposed pretrial order within 60 days after discovery closes unless the Court orders otherwise.

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:

CRITICAL

Applies to

Pretrial 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.

CRITICAL

Applies to

Pretrial 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.

CRITICAL

Applies to

Proposed findings conclusions

After a non-jury trial, parties must file proposed findings and conclusions within ten days, and no responses are allowed.

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.

CRITICAL

Applies to

Certificate

Must include

certificate of service

Counsel must provide pro se litigants the Court’s individual rules and file a certificate of service early in the case.

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.

CRITICAL

Applies to

Letter

Letter-form filings must include both the addressee and subject matter in the ECF header.

Any filing styled as a “Letter” shall identify in its ECF header (i) the addressee and (ii) the subject matter.

CRITICAL

Applies to

Documentary evidence

Counsel must prepare specified copy sets of documentary evidence for the Court and courtroom participants when a witness will reference documents on direct examination.

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.

CRITICAL

Applies to

Pretrial order

Must include

caption

The proposed pretrial order must include the full case caption.

1. Caption: The full caption of the action.

CRITICAL

Applies to

Transcript excerpts

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.

CRITICAL

Applies to

Rule 56 1 opposing statement

An opposing Local Rule 56.1 statement must quote each moving-party allegation verbatim and respond directly beneath it.

statement shall quote verbatim the moving party’s Local Rule 56.1 statement and respond to each allegation immediately beneath each allegation.

CRITICAL

Applies to

Evidentiary filing

Transcript excerpts must be limited to cited relevant testimony but still include all portions needed for completeness under Rule 106.

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. If the transcript contains a discussion of a matter, include the whole discussion.

CRITICAL

Applies to

Local rule 56 1 statement

Every assertion in a Local Rule 56.1 statement must cite specific record evidence.

Each assertion in the Local Rule 56.1 statement must include a citation to specific evidentiary support from the record.

CRITICAL

Applies to

Pretrial order

The pretrial order must list fact and expert witnesses with addresses and expected testimony, and unlisted witnesses are barred absent prompt notice and good cause.

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.

CRITICAL

Applies to

Pretrial order

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.

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.

CRITICAL

Applies to

Moving papers

Moving papers must be served, but only the movant's cover letter is filed on ECF as a Letter at that stage.

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.

CRITICAL

Applies to

Pretrial order

Must include

caption

A proposed joint pretrial order in a civil case must include the full case caption.

Caption: The full caption of the action.

CRITICAL

Applies to

Proposed order jury instructions and similar filings

Proposed orders, jury instructions, and similar requested writings must be filed on ECF and emailed to chambers in PDF and Microsoft Word formats.

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 Reyes Chambers@nyed.uscourts.gov.

CRITICAL

Applies to

Opposition and reply papers

Opposition and reply papers are served on parties, while only the opponent's cover letter is filed on ECF as a Letter.

Opposition and reply 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.

CRITICAL

Applies to

Evidentiary filing

Evidentiary exhibit filings must include a declaration identifying each exhibit and its page range in the compiled PDF.

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must list trial counsel names, addresses including firm names, and phone numbers.

Parties and Counsel: The names, addresses (including firm names), and telephone numbers of trial counsel.

CRITICAL

Applies to

Change of plea submission

Before a change-of-plea hearing, parties must submit the plea agreement and elements sheet at least three business days in advance.

The parties must provide the Court with a copy of any plea agreement and elements sheet at least three (3) business days before a change-of- plea hearing.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must contain jurisdiction statements from both plaintiff and defendant regarding subject-matter jurisdiction.

Jurisdiction: A brief statement by the plaintiff explaining the basis of subject-matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction.

CRITICAL

Applies to

Pretrial order

The pretrial order must state whether all parties consent to magistrate-judge trial without identifying which parties did or did not consent.

Consent to Trial by a Magistrate Judge: A statement as to whether all parties have consented to trial of the case by a magistrate judge. The statement shall not identify which parties have or have not consented.

CRITICAL

Applies to

Pretrial order

The pretrial order must state whether trial is jury or bench and estimate the number of trial days.

Jury or Bench Trial & Trial Length: A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

CRITICAL

Applies to

Pretrial order

The pretrial order must include each party’s claims/defenses summary with statutory citations and without evidentiary recitation.

Claims and Defenses: A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters.

CRITICAL

Applies to

Certificate

Must include

certificate of service

Counsel must provide pro se litigants with the Court’s individual rules and file a certificate of service promptly in the case.

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.

CRITICAL

Applies to

Answer

In habeas matters with pro se petitioners, respondents must serve the petitioner with the answer and court record at the time of ECF filing.

In habeas cases with pro se petitioners, the respondent must serve the petitioner with the answer and the state or federal court record when respondent files the answer and the record on ECF.

CRITICAL

Applies to

Pretrial order

Must include

caption

A proposed joint pretrial order in a civil case must include the full case caption.

Caption: The full caption of the action.

CRITICAL

Applies to

Proposed order jury instructions and similar filings

Proposed orders, jury instructions, and similar requested writings must be filed on ECF and emailed to chambers in PDF and Microsoft Word formats.

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 Reyes Chambers@nyed.uscourts.gov.

CRITICAL

Applies to

Opposition and reply papers

Opposition and reply papers are served on parties, while only the opponent's cover letter is filed on ECF as a Letter.

Opposition and reply 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.

CRITICAL

Applies to

Evidentiary filing

Evidentiary exhibit filings must include a declaration identifying each exhibit and its page range in the compiled PDF.

Parties shall include a declaration identifying each of the exhibits and the page ranges of the exhibits within the compiled PDF.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must list trial counsel names, addresses including firm names, and phone numbers.

Parties and Counsel: The names, addresses (including firm names), and telephone numbers of trial counsel.

CRITICAL

Applies to

Change of plea submission

Before a change-of-plea hearing, parties must submit the plea agreement and elements sheet at least three business days in advance.

The parties must provide the Court with a copy of any plea agreement and elements sheet at least three (3) business days before a change-of- plea hearing.

CRITICAL

Applies to

Pretrial order

The joint pretrial order must contain jurisdiction statements from both plaintiff and defendant regarding subject-matter jurisdiction.

Jurisdiction: A brief statement by the plaintiff explaining the basis of subject-matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction.

CRITICAL

Applies to

Pretrial order

The pretrial order must state whether all parties consent to magistrate-judge trial without identifying which parties did or did not consent.

Consent to Trial by a Magistrate Judge: A statement as to whether all parties have consented to trial of the case by a magistrate judge. The statement shall not identify which parties have or have not consented.

CRITICAL

Applies to

Pretrial order

The pretrial order must state whether trial is jury or bench and estimate the number of trial days.

Jury or Bench Trial & Trial Length: A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

CRITICAL

Applies to

Pretrial order

The pretrial order must include each party’s claims/defenses summary with statutory citations and without evidentiary recitation.

Claims and Defenses: A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters.

CRITICAL

Applies to

Certificate

Must include

certificate of service

Counsel must provide pro se litigants with the Court’s individual rules and file a certificate of service promptly in the case.

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.

CRITICAL

Applies to

Answer

In habeas matters with pro se petitioners, respondents must serve the petitioner with the answer and court record at the time of ECF filing.

In habeas cases with pro se petitioners, the respondent must serve the petitioner with the answer and the state or federal court record when respondent files the answer and the record on ECF.

CRITICAL

Applies to

Joint pretrial order

The joint pretrial order must include an exhibit schedule identifying offered exhibits and offering party.

A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them.

CRITICAL

Applies to

Notice of motion

Each notice of motion must include the specified oral-argument language.

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.”

CRITICAL

Applies to

Joint pretrial order

The joint pretrial order must provide identifying and contact details for trial counsel.

The names, firm names, addresses, and telephone and fax numbers of trial counsel.

CRITICAL

Applies to

Damages statement

Each party must file a detailed statement of damages and other requested relief.

Each party shall file a detailed statement regarding damages and other relief sought.

CRITICAL

Applies to

Exhibits

Exhibits must be pre-marked and exchanged at least ten days before trial.

All exhibits must be pre-marked for the trial and exchanged with the other parties at least ten days before trial.

CRITICAL

Applies to

Joint request to charge

In jury trials, parties must file a Joint Request to Charge containing claim elements, damages, defenses, and special charge requests.

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.