Eastern District of New York Document Filing Requirements

Applies to

Jury instructions

Jury charge requests and voir dire questions must be submitted 3 weeks before trial; word-processing files go to chambers.

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.

Applies to

Summary judgment motion

Must include

local rule certificate

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.

Applies to

Pretrial order

Must include

supervision required

Pretrial Order must be prepared under magistrate judge supervision per assigned schedule.

The Pretrial Order shall be prepared under the supervision of the magistrate judge to whom the case has been assigned in accordance with the schedule set by the magistrate judge.

Applies to

All

Must include

notice of electronic filing

All case documents must be filed electronically on ECF for civil and criminal cases.

All case documents must be filed electronically on ECF for all civil cases other than pro se cases and for all criminal cases.

Applies to

Proposed order

Must include

proposed order

Proposed orders and jury instructions should be emailed to chambers in Word format.

Proposed orders, jury instructions, and other submissions that a party would like the Court to adopt should be emailed to chambers in word-processing format and filed on ECF. Parties need not submit word-processing files of stipulations of dismissal. Microsoft Word is preferred. Counsel may contact chambers for an email address to which the files may be sent.

Applies to

Summary judgment motion

Must include

lr 56 1 statement, lr 56 1 counterstatement

LR 56.1 statement and counterstatement exchange required before summary judgment motion.

Before any party moves for summary judgment, the moving party must send opposing counsel a Local Rule 56.1 statement of undisputed fact. Opposing counsel must respond with a Local Rule 56.1 counterstatement.

Applies to

Lr 56 1 counterstatement

LR 56.1 counterstatement must include movant's allegations verbatim with responses beneath.

The counterstatement must include each of the movant’s allegations, verbatim, and the opposing party must place its responses immediately beneath each of the movant’s statements of fact.

Applies to

Lr 56 1 statement

LR 56.1 statements must contain material undisputed facts with citations to admissible evidence.

Each paragraph in the Local Rule 56.1 statement must contain an assertion of a material undisputed fact, not a description of evidence. Each assertion must include a citation to admissible evidence, and each response to an assertion must include a citation to admissible evidence.

Applies to

Lr 56 1 counterstatement

LR 56.1 assertions without admissible evidence citations are deemed admitted.

If a response does not cite admissible evidence, the assertion will be deemed admitted.

Applies to

Summary judgment motion

Must include

exhibits

Full deposition transcripts must be filed on ECF when cited.

If parties cite deposition transcripts, the full deposition transcripts should be filed on ECF and sent to the Court.

Applies to

Affidavit declaration

Each exhibit must be filed as separate attachment, not grouped.

If parties attach multiple exhibits to affidavits or declarations, they should file each exhibit as a separate attachment to the affidavit or declaration on ECF (e.g., ECF No. 80 (affidavit), 80-1 (exhibit 1), 80-2 (exhibit 2)). In other words, do not group all exhibits into a single file.

Applies to

Exhibit

Must include

cover page

Each exhibit must have a cover page.

Each exhibit should be accompanied by a cover page.

Applies to

Summary judgment motion

Must include

lr 56 2 compliance notice

Summary judgment motions against pro se litigants require LR 56.2 compliance notice via ECF.

In any case where a summary judgment motion is filed against a pro se litigant, the moving party must comply with Local Civil Rule 56.2, and file notice that they have complied via ECF.

Applies to

Joint pretrial order

Must include

caption, damages, exhibits +9 more

Joint pretrial order due 60 days after discovery completion in civil cases.

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

Applies to

Pretrial filing

Must include

final joint pretrial order, detailed statement of damages, proposed findings of fact and conclusions of law

Final pretrial filings due 15 days before trial in civil cases.

Unless otherwise ordered by the Court, 15 days before the trial commences, each party is to file the following:

Applies to

Psr

Must include

judge name, case number

PSR due 45 days before sentencing.

The PSR is due at least 45 days before the date of sentencing.

Applies to

Psr objections

Must include

certificate of service

PSR objections due 14 days after filing, with courtesy copies to Probation Office.

Objections to the PSR are due within 14 days of the filing of the PSR. Objections to the PSR should be filed on ECF, with courtesy copies to the U.S. Probation Office.

Applies to

Defendant sentencing submissions

Must include

judge name, case number

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.

Applies to

Government sentencing submissions

Must include

judge name, case number

Government's sentencing submissions due 14 days before sentencing.

The Government's sentencing submission are due at least 14 days before the date of sentencing.

Applies to

Motion

Must include

caption

All requests for relief must be designated as motions on ECF.

All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “motion” on ECF.

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.

Applies to

Amended complaint

Must include

redline

Amended complaints must include a redline PDF showing changes from previous complaint.

When filing an amended complaint, counsel must attach a redline (in PDF form) indicating the differences between the previously-filed complaint and the amended complaint.

Applies to

Affidavit

Must include

factual averments only

Affidavits must be factual; attorney affidavits limited to personal knowledge or document authentication.

Affidavits or affirmations shall not be accepted on motions unless they are confined to factual averments. Attorney’s affidavits or affirmations shall not be accepted unless: (a) the facts addressed are within the personal knowledge of the attorney, such as in a discovery dispute; or (b) the attorney is authenticating documents and the attorney reasonably believes that authentication is not in issue.

Applies to

Exhibit

Do not include as exhibits documents already on the docket.

Do not annex as exhibits copies of pleadings or other filings that already appear on the docket.

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.

Applies to

Lr 56 1 statement

Summary judgment: opposing party must quote verbatim movant's LR 56.1 statement and respond to each allegation.

Motions for summary judgment may be denied if the Local Rule 56.1 Statements do not conform with the following requirements in addition to those set forth in the Local Rule: (a) Except in pro se cases, the Local Rule 56.1 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. The opposing statement also may, if necessary, include a separate section of additional material facts alleged to be in dispute.

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.

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.

Applies to

Motion

Must include

cover letter, notice of motion

Cover letter must be served with motion papers and filed electronically as a letter, not as a motion.

The notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. A copy of the cover letter only shall be filed electronically, as a letter, NOT as a motion.

Applies to

Pretrial order

Must include

full caption, separate schedules

Pretrial Order controls the action unless modified by consent or court order.

The Pretrial Order to be submitted shall include the below listed items and be governed by the directions and principles stated herein. The Pretrial Order controls the subsequent course of the action unless the order is modified by consent of the parties and the Court, or by order of the Court to prevent manifest injustice.

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.

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.

Applies to

Pretrial order

Must include

service on opposing counsel

Plaintiff's counsel must serve final Pretrial Order on opposing counsel on filing date.

A copy of this final order will also be served on opposing counsel on the same date.

Applies to

Pretrial conference

Must include

exchange of evidence, preparedness for objections

Counsel must exchange all proposed evidence documents before pretrial conference and be prepared to discuss objections.

Prior to attending the pretrial conference on a date to be scheduled by this Court, counsel shall exchange copies of all documents proposed to be used in evidence, and shall be prepared to discuss and have the Court rule on objections to exhibits.

Applies to

Exhibit premarking

Must include

premarking with deputy, use pretrial order numbering

Counsel must premark exhibits with courtroom deputy immediately after pretrial conference using Pretrial Order numbering.

Immediately following the pretrial conference, on the same day, counsel shall meet with the courtroom deputy to premark their exhibits, using the numbering assigned to them in the exhibit schedules of the Pretrial Order.

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.

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.

Applies to

Proposed exhibits

Must include

physical binder, electronic format

Each party must file proposed exhibits in suitable binder and electronic format one week before trial.

Each party shall file with the Court: Copies of the proposed exhibits in a suitable binder and in electronic format.

Applies to

Legal memoranda

Must include

contested legal issues

Each party must file legal memorandum on contested legal issues one week before trial.

A legal memorandum addressing all contested legal issues.

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.

Applies to

Submission citing record material

Any submission citing record material must include evidentiary citations.

Required for any submission that cites record material.

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.

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.)

Applies to

Trial submissions

Parties must file requests to charge, proposed verdict sheets, and proposed voir dire questions in advance of trial.

File requests to charge, proposed verdict sheets, and proposed voir dire questions.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Joint pretrial order

Must include

caption

Joint pretrial orders must include the full caption.

1. Caption. The full caption of the action.

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.

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.

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.

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.

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.

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.

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.

Applies to

Jury instructions

Parties must file a single joint requests-to-charge submission that includes agreed charges and identifies disputed proposals with objections.

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.

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.

Applies to

Sentencing memorandum

When applicable, the Government’s sentencing memorandum must address restitution and state whether a victim will give 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.

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.

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;

Applies to

Deposition transcript for summary judgment motion

For summary judgment motion filings, parties must submit full deposition transcripts rather than excerpts.

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

Applies to

Default judgment motion

Must include

certificate of service

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.

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.

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)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Letter

Must include

certificate of service

When a recipient does not get ECF notice, a simultaneous copy must be served and an affidavit of service must be filed.

A copy will be simultaneously delivered to any pro se litigant or counsel who does not receive notification by ECF. In such cases, an affidavit of service must be filed.

Applies to

Cover letter

Each served motion paper must be accompanied by a cover letter identifying representation and the served papers.

Parties must serve each motion paper on the other parties, along with a cover letter setting forth whom the movant represents and the papers being served.

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.

Applies to

Filing

Must include

certificate of service

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.

Applies to

Related papers

When exhibits are hard-copy filed, related e-filed papers must clearly state that fact.

Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy.

Applies to

Motion to seal

A motion to seal must include factual/legal grounds and attach the document proposed for sealing.

The motion should state the factual and legal basis for the request and must attach the document proposed to be filed under seal.

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.

Applies to

Memorandum of law

Memoranda that are 10 pages or longer must include both a table of contents and a table of authorities.

Memoranda of ten pages or more shall contain tables of contents and authorities.

Applies to

Bundle cover letter

When filing the bundled motion papers, the filer must submit an ECF cover letter listing all bundled documents and send that letter to the magistrate judge and opposing counsel.

Such party is further obligated to file on ECF a cover letter specifying each document in the bundle filed by the original moving party. A copy of the cover letter shall be sent to the assigned magistrate judge and to all other opposing counsel of record.

Applies to

Motion filed under time limit exception

A party invoking the rights-preservation exception must file an explanation supporting that conclusion with the 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 the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.

Applies to

Default judgment

Must include

local rule certificate

A default-judgment motion requires a previously issued Clerk's certificate of default under Local Civil Rule 55.1.

Motions for default judgment will not be considered absent a prior issuance of a certificate of default by the Clerk of Court in accordance with Local Civil Rule 55.1.

Applies to

Default judgment

A default-related affidavit must establish non-infant/non-military/non-incompetent status, failure to plead or defend, and proper service.

To wit, a movant must have submitted an affidavit showing (i) that the party against whom a notation of default is sought is not an infant, in the military, or an incompetent person; (ii) that the party has failed to plead or otherwise defend the action; and (iii) that the pleading to which no response has been made was properly served.

Applies to

Default judgment

If service was only on the Secretary of State or another designated agent, counsel must certify no other known address for the defaulting party.

Additionally, where service was made solely on the Secretary of State or other agent designated for service of process, counsel must certify that it is unaware of any other address where the defaulting party may be found.

Applies to

Default judgment

Must include

certificate of service

After entry of default, a default-judgment motion must include proof of service and must include service at the defaulting party's last known address.

After an entry of default by the Clerk of Court, a motion for default judgment shall be made in accordance with Local Civil Rules 7.1 and 55.2, and must include proof of service in accordance with Local Civil Rule 55.2©, which, notwithstanding service on any other person, must include service at the last known address of the defaulting party.

Applies to

Default judgment

A default-judgment movant must attach an affidavit showing post-default investigation of the defaulting party's military status.

Additionally, the movant for default judgment must append to its motion an affidavit containing facts to support a finding that an investigation into whether the defaulting party is in the military was conducted after entry of default by the Clerk of Court.

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.

Applies to

Bail modification request

Bail modification requests must include specified positions and officer identification, and explain any missing position statements.

Any bail modification requests must state the positions of the government and the pretrial or probation officer supervising the defendant, and include the name of such officer in the request. If the position of any of these parties is not stated, the letter must indicate why.

Applies to

Pretrial order

Must include

caption

In civil cases, a joint pre-trial order must be filed and provided to chambers within 60 days after discovery is certified complete, subject to stated exceptions.

Unless otherwise ordered, or when permission to file a motion under FRCP 56 has been granted, within 60 days from the date discovery in a civil case is certified as complete, the parties shall electronically file and provide to chambers a joint pre-trial order for the Court’s approval, which shall include the following:

Applies to

Proposed jury instructions

In civil jury cases, parties must file proposed jury instructions and a verdict sheet, and requests to charge should focus on claim elements, damages, and defenses.

In jury cases, proposed jury instructions and a verdict sheet. Requests to charge should be limited to elements of the claims, the damages sought, and defenses. General instructions will be prepared by the Court.

Applies to

Trial exhibits

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

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

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 permitted unless the Court orders otherwise.

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, unless otherwise ordered by the Court. No responses to such submissions shall be permitted.

Applies to

Proposed charges

Must include

chambers submission, word processing files

Word-processing files of proposed charges must be submitted to chambers.

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

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;

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.

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.

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.

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.

Applies to

Joint pre trial order

Must include

certificate of conference

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.

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.

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.

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.

Applies to

Proposed findings of fact

Proposed findings of fact must be detailed with citations to testimony and exhibits.

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.

Applies to

Proposed findings of fact and conclusions of law

Must include

pdf format, word format, email submission

Proposed findings and conclusions must be emailed to Court in both PDF and Word formats.

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.

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.

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.

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.

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).

Applies to

Exhibits

Must include

electronic presentation meeting

Parties offering more than 10 exhibits must meet with Case Manager 5 days before trial for electronic presentation setup.

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.

Applies to

Witness examination

Must include

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

Counsel must provide copies of unexchanged documentary evidence to opposing counsel, court reporter, and 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.

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.

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.

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.”

Applies to

Correspondence

Must include

caption, judge name, case number

Correspondence must include the case name, docket number, and assigned judge initials.

All correspondence must include the case name, docket number, and initials of the judge(s) assigned to the case.

Applies to

Rule 12 4 disclosure statement

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

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

Applies to

Motion

Requests for relief must be filed as motions on ECF and the ECF entry must clearly state the request subject.

All requests for relief from the Court, including for an adjournment or extension of time, shall be designated as a “motion” on ECF. In addition, the ECF entry line must clearly state the subject matter of the request — e.g., “Letter Motion Requesting Extension of Time to Respond to Interrogatories.”

Applies to

Filing

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

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

Applies to

Sur reply

Sur-replies require leave of court before submission.

Parties must seek leave of the Court before submitting sur-replies.

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.

Applies to

Motion appealing release or detention order

A motion appealing a magistrate judge’s release or detention order must include the magistrate-judge transcript.

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.

Applies to

Pretrial submissions

Specified pretrial submissions must be filed at least 14 days before jury selection.

Proposed voir dire questions, lists of all potential witnesses and any other individuals and entities that may be mentioned at trial, requests to charge, and proposed verdict sheets should be submitted no later than fourteen days before jury selection.

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.

Applies to

Trial exhibit binder

Each exhibit binder must include an exhibit list and witness list, and the exhibit list must include every exhibit with a one-sentence-or-shorter description.

The binder should also include an exhibit list and a witness list. The exhibit list should list every exhibit in the binder(s) and contain a brief description of each exhibit, no longer than one sentence.

Applies to

Trial exhibit

Counsel must have documentary evidence copies available during direct examination, including two copies for the Court.

Where counsel anticipates that a witness will refer to documentary evidence in the course of his or her direct testimony, counsel shall have copies of the document(s) available for opposing counsel, the court reporter, and two copies for the Court.

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.

Applies to

Sentencing submission

Sentencing submission deadlines differ by party, and sentencing memoranda must be provided to both Probation and the Court.

A defendant’s sentencing submissions are due twenty-one days prior to sentencing. Sentencing memoranda must be provided to the Probation Department as well as the Court. The government’s sentencing submissions are due fourteen days prior to sentencing.

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.

Applies to

Notice of guilty plea

A guilty plea on supervised release violations requires at least two days’ notice and must specify the violations.

The Court requires at least two 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.

Applies to

Penalty sheet

The government must submit a penalty sheet with relevant statutes and guidelines at least two days before guilty plea and sentencing.

The government shall submit a penalty sheet encompassing the relevant statutes and guidelines at least two days prior to any guilty plea and sentencing.

Applies to

Notice of motion

Motion service must include a cover letter identifying representation and served papers, and only the cover letter copy is to be electronically filed.

The notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represent and the papers being served. A copy of the cover letter only is to be electronically filed.

Applies to

Motion papers

The moving party is responsible for filing all motion papers through ECF.

The moving party shall be responsible for filing all motion papers via ECF.

Applies to

Joint pretrial order

A joint pretrial order is required when the Court determines one is needed.

If the Court determines a joint pre-trial order is needed, then the joint pretrial order shall include the following:

Applies to

Joint pretrial order

Must include

caption

The joint pretrial order must include the full caption.

i. The full caption of the action.

Applies to

Joint pretrial order

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

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

Applies to

Joint pretrial order

The joint pretrial order must include party jurisdiction statements with supporting statutes and jurisdictional facts.

iii. 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 relied on and relevant facts as to citizenship and jurisdictional amount.

Applies to

Joint pretrial order

Each party must list its fact and expert witnesses and only listed witnesses may testify absent prompt notice and good cause.

viii. A list by each party as to the fact and expert witnesses whose testimony is to be offered in its case in chief, indicting whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown.

Applies to

Exhibits

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

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

Applies to

Pretrial filings

Pretrial filings are due 15 days before trial, or 30 days after the final pretrial order if no trial date is set.

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;

Applies to

Jury instructions

In jury cases, requests to charge and proposed voir dire questions must be filed on the Thursday before trial.

i. On the Thursday before trial in jury cases, requests to charge and proposed voir dire questions.

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;

Applies to

Non jury pretrial statement

In non-jury cases, parties must file claim-and-defense element statements with supporting factual summaries.

iii. In non-jury cases, a statement of the elements of each claim or defense involving such party, together with a summary of the facts relied upon to establish each element;

Applies to

Motion in limine

Parties must file motions in limine addressing evidentiary or other issues that should be resolved before trial.

iv. In all cases, motions addressing any evidentiary or other issues which should be resolved in limine; and

Applies to

Submission before court

Submissions must include specific evidentiary citations, and evidence-based motions/applications must attach transcript excerpts with pinpoint citations.

Parties must provide evidentiary citations, including specific transcript pages, in any submission before the Court. Any motion or application predicated on evidence adduced at a hearing or trial, including testimony, factual summaries or rulings, must contain a copy of the transcript with specific citations to the pertinent sections at issue thereto.

Applies to

Non dispositive motion

Must include

certificate of conference

Before non-dispositive motions, counsel must meet and confer and certify FRCP 37(a)(1) compliance.

Prior to making any non-dispositive motion, counsel are required to meet and confer consistent with Local Civil Rule 37.3(a) in a good faith effort to resolve and/or reduce any matters to be raised on such motion. Upon failure to certify compliance with this requirement as described in Federal Rule of Civil Procedure (“FRCP”) 37(a)(1), the assigned Magistrate Judge is

Applies to

Default judgment arbitration confirmation

Must include

proposed order

Default judgment and arbitration confirmation submissions must include proposed orders in the forms attached as Appendices A and B.

Default Judgment/ Arbitration Confirmations Proposed Orders in forms annexed as Appendices A and B

Applies to

Summary judgment 56 1 response

A summary judgment opponent must file a pre-motion response and Rule 56.1 response with evidentiary citations, formatted by reproducing each 56.1 statement paragraph followed by the response.

The party opposing summary judgment shall file a premotion letter response and Local Civil Rule 56.1 Response containing evidentiary citations. The 56.1 Response shall reproduce the 56.1 Statement and provide the party’s response thereto underneath, for example:

Applies to

Summary judgment 56 1 additional paragraph response

If the non-movant includes additional Rule 56.1(b) paragraphs, the movant must respond with evidentiary citations within seven days.

To the extent the party opposing summary judgment presents additional paragraphs as set out in Local Rule 56.1(b), the moving party shall file a response to these additional paragraphs containing evidentiary citations within seven (7) days.

Applies to

Default judgment

Must include

proposed order

A default judgment motion must include a proposed default judgment in Appendix A form with evidentiary citations and supporting affidavits/documentary evidence.

Default Judgments: A party moving for default judgment must complete and submit a proposed default judgment in the form attached as Appendix A, containing evidentiary citations, with affidavits and other documentary evidence in the record.

Applies to

Petition to confirm arbitration award

Must include

proposed order

An unopposed petition to confirm an arbitration award must include a proposed Appendix B order with evidentiary citations and supporting affidavits/documentary evidence.

Petitions to Confirm Arbitration Awards: A party moving to confirm an unopposed petition to confirm an arbitration award must complete and submit a proposed order in the form attached as Appendix B, containing evidentiary citations, with affidavits and other documentary evidence.

Applies to

Joint pretrial order

The Joint Pretrial Order must include specifically labeled required topics.

The parties are directed to cooperate with each other in the preparation of the Joint Pretrial Order, which shall include the following topics addressed and labeled as follows:

Applies to

Joint pretrial order

The Joint Pretrial Order must list fact and expert witnesses and whether testimony is live or by deposition, and unlisted witnesses are excluded absent good cause.

All fact and expert witnesses whose testimony is to be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify, except for good cause shown;

Applies to

Joint pretrial order

The Joint Pretrial Order must list exhibits (including anticipated impeachment/rebuttal exhibits) and objections, and only listed exhibits are admitted absent good cause.

The exhibits to be offered in evidence including, where possible, anticipated impeachment and rebuttal exhibits, and objections thereto. Questions of authenticity, best evidence, chain of custody, and related grounds should be resolved between the parties before trial. Only the exhibits listed will be received in evidence except for good cause shown.

Applies to

Bench trial submission

Bench-trial submissions must include documentary exhibits, a one-sentence exhibit list, and a witness list.

A complete set of documentary exhibits; a list of all exhibits that explains what each exhibit is in one sentence; and a copy of the list of witnesses.

Applies to

Filing in case with pro se litigant

Must include

certificate of service

In pro se matters, counsel must file a certificate of service after providing the Court’s individual rules to the pro se litigant.

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.

Applies to

Motion for judgment on the pleadings

Represented plaintiffs in Social Security appeals must file a Statement of Contentions with the motion for judgment on the pleadings.

In all cases in which the plaintiff is represented by counsel, along with its motion for judgment on the pleadings, as required by AO(ii)(A), the plaintiff shall provide a “Statement of Contentions.”

Applies to

Statement of contentions

The Statement of Contentions must be a separate, concise, numbered statement identifying alleged legal errors or 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, plaintiff contends, is not supported by substantial evidence.

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.

Applies to

Statement of contentions

Every contention in the parties' statements must include pinpoint citations to the administrative record supporting or rebutting that contention.

Each contention by the movant and opponent made pursuant to this rule must be followed by pinpoint citations to the administrative record, identifying evidence supporting and/or rebutting each said contention.

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.

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.

Applies to

Notice of appearance

Any attorney who appears must file a notice of appearance on ECF.

Any attorney appearing before the Court must enter a notice of appearance on ECF.

Applies to

Motion

Any request for relief must be docketed as a Motion, and the ECF entry must state the specific subject matter.

All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “Motion” on ECF. In addition, the ECF entry line must designate the subject matter of the letter or motion (e.g., “Letter motion requesting extension of time to respond to interrogatories”) not simply “Letter.”

Applies to

Pre motion response letter

A Rule 56 pre-motion response letter must include a line-by-line Rule 56.1 opposing statement.

If the movant is seeking to file a motion for summary judgment under Rule 56, the non-movant’s response letter must include the non-movant’s Rule 56.1 opposing statement. The non-movant’s Rule 56.1 opposing statement must respond to the moving party’s Rule 56.1 statement line-by-line as required by the Local Rules.

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.

Applies to

Local rule 56 1 opposition statement

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

Except in pro se cases, the Local Rule 56.1 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.

Applies to

Release or detention order appeal motion

A motion appealing a magistrate judge’s release or detention order must include the transcript from the magistrate proceeding.

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.

Applies to

Speedy trial exclusion letter

A party seeking a Speedy Trial Act exclusion must submit a fact-supported letter at least two business days before the status conference.

At least two business days prior to any status conference, including the initial conference described above, if a party will seek an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, it must provide the Court a letter setting forth sufficient 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.

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.

Applies to

Joint pretrial order

Parties must submit a proposed joint pretrial order within 60 days after discovery completion or, if summary judgment was filed, within 30 days after that decision unless the Court orders otherwise.

Unless otherwise ordered by the Court, the parties shall submit to the Court a proposed joint pretrial order either: (a) within 60 days of the completion of fact or expert discovery, whichever occurs later; or (b) if a summary judgment motion has been filed, within 30 days after a decision on such motion.

Applies to

Joint pretrial order

Must include

caption

The joint proposed pretrial order must contain the full case caption.

Caption. The full caption of the action.

Applies to

Joint pretrial order

The joint proposed pretrial order must list trial counsel names, firm/address information, and phone numbers.

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

Applies to

Joint pretrial order

The joint proposed pretrial order must include plaintiff and defendant statements addressing 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.

Applies to

Pretrial order

Each party must provide a brief summary of remaining claims and defenses with statutory citations, without reciting evidentiary matter.

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.

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.

Applies to

Pretrial order

The pretrial submission must state whether all parties consent to magistrate 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.

Applies to

Pretrial order

Each party 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.

Applies to

Pretrial order

Each party must designate deposition testimony for its case in chief, including 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.

Applies to

Pretrial order

The pretrial submission must include a statement of stipulated facts if any exist.

Stipulations. A statement of stipulated facts, if any.

Applies to

Pretrial order

Parties must include an exhibit schedule identifying exhibits and the offering party if not stipulated into evidence.

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

Applies to

Exhibits

Plaintiff exhibits must use PX numbering and defendant exhibits must use DX numbering, and only listed exhibits are admissible absent good cause.

The plaintiff’s exhibits must be identified with numbers using the prefix “PX,” and the defendant’s exhibits must be identified with numbers using the prefix “DX.” Except for good cause shown, only exhibits listed will be received in evidence.

Applies to

Pretrial order

The pretrial order must include each party’s intended motions in limine with brief descriptions.

Motions in Limine. A list of motions in limine each party intends to file (pursuant to the deadline set forth in Section VI.C.1, below), with a brief description of each such motion.

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.

Applies to

Sentencing memorandum

Sentencing memoranda and objections to the Presentence Report must be provided to Probation.

Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.

Applies to

Violation of supervised release guilty plea notice

A guilty plea on a supervised release violation requires at least 24 hours notice specifying the violations.

The Court will not accept a guilty plea on a violation of supervised release without 24 hours’ notice of the intent to plead, specifying the violations as to which the defendant intends to plead guilty.

Applies to

Proposed findings conclusions

In non-jury trials, parties must file proposed findings and conclusions within 10 business days after trial, and responses are not allowed.

In all non-jury trials, parties must file proposed findings of fact and conclusions of law no later than 10 business days after the conclusion of trial, unless otherwise ordered by the Court. Responses to such submissions are not permitted.

Applies to

All

Must include

notice of electronic filing

All documents must be filed electronically via ECF system.

All documents MUST be filed electronically. Questions regarding ECF should be directed to (718) 613-2312. Instructions for the use of ECF are available from the district court's website: http://www.nyed.uscourts.gov/forms/all-forms/ecf_instructions.

Applies to

Motion

Motions must include notice, supporting submissions, and memorandum of law for each filing.

All other motions shall consist of: 1. A notice of motion together with a. supporting submissions; b. memorandum of law; 2. the responsive papers together with a. supporting submissions; b. memorandum of law; and 3. the reply papers, if any, together with a. supporting submissions; b. memorandum of law.

Applies to

Motion

Sur-reply papers are not permitted.

Sur-reply papers shall not be filed.

Applies to

Default judgment

Must include

clerk notation of default

Default judgment requires Clerk's notation of default.

No default judgment will be considered until the Clerk of Court has entered a notation of default.

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.

Applies to

All documents

All filings must be submitted electronically.

All documents must be filed electronically.

Applies to

Lr 56 1 opposition statement

In non-pro se cases, a summary-judgment opponent’s Rule 56.1 statement must quote each movant allegation verbatim and respond directly beneath each allegation.

Except in pro se cases, Local Rule 56.1 statements 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.

Applies to

Joint pretrial order

The joint pretrial order must include a statement of damages and other relief sought.

A statement regarding damages and other relief sought.

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.

Applies to

Motion

A party filing early to preserve rights under strict federal deadlines must include an explanation of the good-faith basis for doing so.

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 the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.

Applies to

Default judgment or unopposed arbitration confirmation motion

Must include

proposed order

Default judgment and unopposed arbitration-confirmation motions must include a proposed order supported by evidentiary citations and documentary proof.

A party moving for default judgment or moving to confirm an unopposed petition to confirm an arbitration award shall submit a proposed order for the Court’s signature. The proposed order shall contain evidentiary citations, with affidavits and other documentary evidence.

Applies to

Motion for judgment on the pleadings

Represented plaintiffs must file a Statement of Contentions with their motion for judgment on the pleadings in Social Security appeals.

In all cases in which the plaintiff is represented by counsel, along with its motion for judgment on the pleadings, as required by this district’s Administrative Order 2015-05 (“In re: Scheduling in Social Security Cases”)(ii)(A), the plaintiff shall provide a “Statement of Contentions.”

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.

Applies to

Opposition to motion for judgment on the pleadings

Defendant responsive papers must include an Opposing Statement of Contentions with correspondingly numbered responses.

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.

Applies to

Statement of contentions and opposing statement of contentions

Each contention in these Social Security statements must include pinpoint citations to the administrative record.

Each contention by the movant and opponent made pursuant to this rule must be followed by pinpoint citations to the administrative record, identifying evidence supporting and/or rebutting each said contention.

Applies to

Joint pretrial order

A joint pretrial order must be prepared under magistrate judge supervision on the magistrate’s schedule.

A joint pretrial order shall be prepared under the supervision of the assigned Magistrate Judge in accordance with the schedule set by the Magistrate Judge.

Applies to

Joint pretrial order

Must include

caption

The joint pretrial order must include the full caption of the action.

The full caption of the action.

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.

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.

Applies to

Joint pretrial order

The joint pretrial order must summarize remaining claims/defenses with statute citations and identify claims/defenses no longer to be tried.

A brief summary by each party of the claims and defenses that party has asserted which remain to be tried, without recital of evidentiary matters, but including citations to all statutes relied on. The parties shall identify all claims and defenses previously asserted which are not to be tried.

Applies to

Joint pretrial order

The joint pretrial order must include any stipulations of fact or law agreed by all parties.

Any stipulations of fact or law that have been agreed to by all parties.

Applies to

Joint pretrial order

The joint pretrial order must include party jurisdiction statements with statute citations and relevant citizenship/jurisdictional amount facts.

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 relied on and relevant facts as to citizenship and jurisdictional amount.

Applies to

Joint pretrial order

The joint pretrial order must include detailed witness listings, and unlisted witnesses are barred absent prompt notice and good cause.

Names of all witnesses (fact and expert), together with a brief narrative statement of the expected testimony of each witness and an indication whether the witness will testify in person or by deposition. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown.

Applies to

Joint pretrial order

The joint pretrial order must include exhibit schedules and listed-exhibit limits, with anticipated objections identified where practicable.

Schedule of exhibits to be offered in evidence by each party. To the extent practicable, counsel should identify any anticipated objections to an opposing party’s exhibits. Exhibits admitted by stipulation are to be designated as such. Only exhibits listed shall be offered in evidence except when prompt notice has been given and good cause shown.

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.

Applies to

Exhibits

Exhibits must be premarked and exchanged at least ten days before trial.

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

Applies to

Joint request to charge

The joint request to charge must include claim elements, damages, defenses, special charge requests, and supporting authority.

The joint request to charge shall include the elements of the claims, the damages sought, the defenses, any special requests to charge, and supporting authority.

Applies to

Sentencing memorandum

Sentencing memoranda and objections to the Presentence Report must be provided to Probation.

Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.

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”).

Applies to

Rule 56 1 statement

Rule 56.1 statements must present one factual assertion per numbered paragraph and include record citations for each assertion.

Each numbered paragraph in the Rule 56.1 Statement must contain only one factual assertion. Each factual assertion must be followed by a supporting citation to the record.

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.

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.

Applies to

Rule 56 1 responsive statement

Movants must file responsive Rule 56.1 statements within 14 days of service and support responses with admissible evidence citations.

the movant must file a responsive Rule 56.1 Statement addressing those additional factual statements, which responses must also be made within fourteen (14) days of their service and be supported by citation to admissible evidence.

Applies to

Notice of appearance

Counsel must file a notice of appearance before appearing at conferences.

All counsel appearing at conferences must: 1. Have filed a notice of appearance;

Applies to

Joint pretrial order

A joint pretrial order is required within 60 days after discovery closes or 60 days after a dispositive-motion decision, unless the Court orders otherwise.

Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within sixty (60) days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order setting forth the information required by Rule 26(a)(3) of the Federal Rules of Civil Procedure and the following:

Applies to

Joint pretrial order

Must include

caption

The joint pretrial order must include the full case caption.

The full caption of the action.

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.

Applies to

Joint pretrial order

Unlisted witnesses generally cannot be called unless prompt notice and good cause are shown.

A party may not call as a witness an individual who is not listed in its portion of the witness list, except when prompt notice has been given and good cause has been shown.

Applies to

Joint pretrial order

Exhibit objections and their grounds must be listed, and omitted objections are waived.

The opposing party must indicate to which exhibits it objects and the nature of the objection (e.g., “authenticity”, “hearsay”, and “Rule 403”). Any objection not listed shall be deemed waived.

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.

Applies to

Joint pre jury selection filings

Five days before jury selection, parties must jointly file proposed voir dire questions and requests to charge.

The parties must jointly file: i. Proposed voir dire questions to ask prospective jurors; ii. Requests to charge (that should be limited to the elements of the claims, the damages sought, and the defenses raised);

Applies to

Pretrial memorandum

Pretrial memoranda must identify issues, summarize relevant facts and law, and address expected evidentiary issues.

The parties shall file their memoranda: identifying the issues; summarizing the relevant facts and applicable law; and, addressing any evidentiary issues that counsel believes will arise at trial.

Applies to

Exhibits

Parties must provide two pre-marked exhibit copies to the Court and include any deposition testimony to be used at trial.

The parties shall also provide the Court with two (2) copies of pre-marked exhibits that are to be assembled and tabbed sequentially in loose-leaf binders, or, if voluminous, in separate manila folders labeled with the exhibit numbers or letters and placed in a suitable container for ready reference. Counsel shall also include copies of any deposition testimony to be utilized at trial.

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.

Applies to

Motion to travel

International travel requests must be made as soon as the need is known and at least 45 business days before travel, unless there is an emergency.

All requests to travel outside of the United States shall be made as soon as the defendant is aware of the need and, in any event, at least forty-five (45) business days prior to the scheduled travel date, absent an emergency. See Rule I(D)(1) if an emergency has risen resulting in the late request.

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.

Applies to

Proposed plea or cooperation agreement

Parties must submit a final proposed plea or cooperation agreement at least 2 business days before the plea proceeding.

The parties are to submit to the Court a copy of the proposed Plea or Cooperation Agreement at least two (2) business days prior to the scheduled proceeding. The agreement does not have to be fully executed/signed at this time, but it must be a final version.

Applies to

Standard plea form

Parties must fully complete and submit the Standard Plea Form before the plea proceeding begins, including day-of submission.

The parties are to fully complete the Court’s “Standard Plea Form” and submit it BEFORE the proceeding begins. Submission of this form can be made on the day of the proceeding.

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”.

Applies to

Motion for downward departure

Government requests for a Section 5K1.1 downward departure must be filed as a Motion for Downward Departure.

If the Government is requesting a downward departure pursuant to Section 5K1.1 of the U.S. Sentencing Guidelines, it shall be filed as a “Motion for Downward Departure”.

Applies to

Letter

A party that does not file a sentencing memorandum must file a letter on the same due date stating that it will proceed without one.

If a party chooses to proceed without filing a sentencing memorandum, a letter to the Court advising as such must be filed on said due date, in lieu of the memorandum.

Applies to

Supplemental sentencing memorandum

Supplemental sentencing submissions require prior written court approval and must be requested through a Motion for Leave to File Document.

Once sentencing memoranda are filed, further sentencing submissions will not be accepted without prior, written, approval from the Court. Requests to file a supplemental sentencing memorandum shall be filed as a “Motion for Leave to File Document”. The supplemental memorandum is not permitted unless the Court informs the parties – typically by order or notice on ECF – that the motion has been granted.

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.

Applies to

Letter

Must include

caption, judge name, case number

Correspondence to chambers must include case name, docket number, and assigned judge initials.

All correspondence must include the (i) case name, (ii) docket number and (iii) initials of the judge(s) assigned to the case.

Applies to

Conference request letter

Conference requests must be made by letter and must describe the specific issues needing court intervention.

A request for a conference with the Court shall be made by a letter setting forth the specific issues requiring judicial intervention.

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.

Applies to

Pre motion conference request

Pre-motion conference requests must be filed under the designated ECF event, not as a generic letter.

Request a pre-motion conference under the “Motion for a Pre-Motion Conference” event and not as a “Letter.”

Applies to

56.1 counter statement

A 56.1 Counter Statement must quote and respond paragraph-by-paragraph, and any additional disputed facts must appear in a separately titled consecutively numbered section.

A party’s 56.1 Counter Statement to a 56.1 Statement must quote, verbatim, the 56.1 Statement, including all citations, and respond to the moving party’s statements of fact immediately beneath each statement. If an opposing party chooses to include additional material facts alleged to be in dispute in their 56.1 Counter Statement, they must do so in a separately titled section, with each of the paragraph numbers consecutively following the response paragraphs.

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.

Applies to

56.1 statement

Each paragraph in a 56.1 Statement must state a material undisputed fact rather than describe evidence.

Each paragraph in a 56.1 Statement must contain an assertion of a material undisputed fact, not a description of evidence.

Applies to

56.1 statement

Facts in a 56.1 Statement must be supported by direct admissible evidence.

No statement of fact should be included in a 56.1 Statement unless it can be established by direct admissible evidence.

Applies to

Pre motion letter

Summary judgment pre-motion letters or memoranda must cite relevant 56.1 paragraph numbers for material facts.

Accordingly, material facts in any pre-motion letter or memorandum of law in connection with a motion for summary judgment must cite to relevant paragraphs of 56.1 Statements.

Applies to

56.1 statement

Supplemental 56.1 statements are barred unless the Court grants leave based on good cause.

Supplements to a 56.1 statement are not permitted absent leave of the Court and a showing of good cause.

Applies to

Motion to amend pleading

A motion to amend must include both a clean proposed amendment and a marked comparison version, and if granted the amended pleading must be filed and served.

Any motion to amend a pleading must attach as exhibits (1) a copy of the proposed amended pleading and (2) a version of the proposed amended pleading that shows—through redlining, underlining, strikeouts, or other similarly effective typographic methods—precisely how the proposed amended pleading differs from the operative pleading. If the Court grants the motion, the moving party must file and serve the amended pleading.

Applies to

Joint deposition transcript appendix

For summary judgment motions, parties must jointly prepare and file a Joint Deposition Transcript Appendix when fully briefed.

All parties moving for or opposing a motion for summary judgment shall confer and prepare a Joint Deposition Transcript Appendix that contains all excerpts of all deposition transcripts each party is relying upon in its respective submissions. The Joint Deposition Transcript Appendix shall be filed on ECF when the motion is fully briefed.

Applies to

Request for oral argument letter

A party requesting oral argument must file a separate letter titled “Request for Oral Argument” when the motion becomes fully briefed on ECF.

A party seeking oral argument on a motion shall file a separate letter, titled “Request for Oral Argument,” at the time the fully- briefed motion is filed on ECF.

Applies to

Joint pretrial order

Parties must submit a Joint Pretrial Order within 60 days after discovery completion in civil cases, unless the Court orders otherwise.

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 for its approval a Joint Pretrial Order, which shall include the following:

Applies to

Joint pretrial order

Must include

caption

The Joint Pretrial Order must include the full case caption.

1. Caption: The full caption of the action.

Applies to

Joint pretrial order

The Joint Pretrial Order must include each party’s subject matter jurisdiction statement with statutory citations and jurisdictional facts.

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

Applies to

Joint pretrial order

The Joint Pretrial Order must summarize each party’s remaining claims and defenses, include statutory citations, and identify claims/defenses no longer being tried.

4. Claims and Defenses: A brief summary by each party of the claims and defenses that the party has asserted which remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. Such summaries shall identify all claims and defenses previously asserted which are not to be tried.

Applies to

Motion

Each party must file motions in limine at least 45 days before trial unless the court orders otherwise.

Unless otherwise ordered by the Court, each party shall file the following 45 days before trial: a) Motions addressing any evidentiary or other issues which should be resolved in limine;

Applies to

Joint pretrial order

The Joint Pretrial Order must include detailed witness schedules and expected testimony summaries, and generally limits trial testimony to listed witnesses absent prompt notice, no prejudice, and good cause.

9. Witnesses: A schedule by each party designating names and addresses of fact and expert witnesses whose testimony is to be offered in its case in chief, and possible witnesses whose testimony may be offered only for impeachment or rebuttal purposes, together with a brief narrative statement of the expected testimony of each listed witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and a lack of prejudice and good cause are shown.

Applies to

Pretrial order

The pretrial order must include exhibit-admissibility objections, and failing to include an objection waives it at trial except relevance objections.

The parties will list and briefly describe in the pretrial order the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party. A party’s failure to object to an exhibit in the pretrial order waives all objections at trial, except objections as to relevance.

Applies to

Pretrial order

Only exhibits listed in the pretrial order may be offered unless prompt notice, good cause, and lack of prejudice are shown.

Only exhibits listed in the pretrial order shall be offered in evidence except when prompt notice has been provided, and good cause and a lack of prejudice are shown.

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.

Applies to

Ecf confirmation

After the required equipment review meeting, the party must file written ECF confirmation that the meeting occurred.

Following such meeting, such party shall file a confirmation in writing via ECF that this meeting has occurred.

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.

Applies to

Non jury statement

In non-jury cases, each party must submit a statement of claim/defense elements and supporting fact summaries.

In non-jury cases, a statement of the elements of each claim or defense alleged by each respective party, together with a summary of the facts relied upon by that party to establish each element.

Applies to

Pretrial memorandum

Each party must file a pretrial memorandum unless the court orders otherwise.

A pretrial memorandum, unless otherwise ordered by the Court; and

Applies to

Objections to jury charges and verdict forms

Objections to another party’s proposed jury charges and verdict forms must be filed 7 days before trial with legal basis and authority.

Unless otherwise ordered by the Court, each party shall file the following 7 days before trial: a) Any objections to the any other party’s proposed jury charges and verdict forms, including the legal basis and authority for the objections.

Applies to

Pretrial filings

All criminal pretrial filings must comply with the court-issued Criminal Pretrial Scheduling Order.

All pretrial filings in criminal cases shall be made in accordance with a Criminal Pretrial Scheduling Order issued by the Court.

Applies to

Proposed findings conclusions

In non-jury trials, parties must file proposed findings of fact and conclusions of law within 10 days after trial unless the Court sets another time, and responses are not allowed.

In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than 10 days after the conclusion of trial or at such other time set by the Court. No responses to such submissions shall be permitted.

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.

Applies to

Motion for leave to file under seal

A motion for leave to seal must include the proposed sealed document as an attachment.

The proposed sealed document(s) should be attached to the motion for leave to file under seal.

Applies to

Motion for summary judgment

A motion for summary judgment must include a Local Civil Rule 56.1 statement.

summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1.

Applies to

Pre motion letter or memorandum of law

Pre-motion letters and memoranda for summary judgment must cite relevant 56.1 statement paragraphs for material facts.

Accordingly, material facts in any pre-motion letter or memorandum of law in connection with a motion for summary judgment must cite to relevant paragraphs of 56.1 statements.

Applies to

Opposition 56 1 statement

Non-pro-se parties must quote and respond to each opening 56.1 fact statement verbatim and directly beneath each statement.

Except for pro se parties, a party’s opposition to an opening 56.1 statement must quote, verbatim, the opening 56.1 statement, including all citations, and respond to the moving party’s statements of fact immediately beneath each statement.

Applies to

Opposition 56 1 statement

Additional disputed material facts in an opposition 56.1 statement must appear in a separately titled, consecutively numbered section.

If an opposing party chooses to include additional materials facts alleged to be in dispute, they must do so in a separately titled but consecutively numbered section.

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.

Applies to

56 1 statement

Each paragraph in a 56.1 statement must assert a material undisputed fact rather than describe evidence.

Each paragraph in a 56.1 statement must contain an assertion of a material undisputed fact, not a description of evidence.

Applies to

56 1 statement

56.1 statements may include only facts that can be established by direct evidence.

No statement of fact should be included in a 56.1 statement unless it can be established by direct evidence.

Applies to

56 1 statement

Evidence cited in a 56.1 statement must be attached as declaration exhibits and filed with the 56.1 statement.

Any evidence cited in a party’s 56.1 statement must be attached as an exhibit to a declaration and filed along with a party’s 56.1 statement.

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.

Applies to

Request to exceed page limits

Requests to exceed memorandum page limits must state the basis, show good cause, and be filed in writing at least 5 business days before the due date.

Requests to file memoranda exceeding the page limits set forth herein must clearly state the basis for the request and will only be granted for good cause shown. Any such requests must be made in writing at least five (5) business days prior to the relevant memorandum’s due date,

Applies to

Memorandum

Memoranda must display the date of service on the front cover.

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

Applies to

Memorandum

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

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

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.

Applies to

Summary judgment memorandum

Summary-judgment memoranda must cite both the Rule 56.1 statement and the evidence cited in that statement.

Summary-judgment memoranda must cite to both a Rule 56.1 statement and the evidence cited in the applicable Rule 56.1 statement.

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.

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;

Applies to

Joint pretrial order

The joint pretrial order must list party and counsel information, including firm, address, phone, and trial counsel fax numbers.

Parties and Counsel: the names of the parties and their counsel, including firm names, addresses, telephone, and trial counsel’s fax numbers;

Applies to

Joint pretrial order

The joint pretrial order must include jurisdiction statements from all parties with citations to statutes and relevant citizenship and amount 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 must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;

Applies to

Joint pretrial order

The joint pretrial order must summarize remaining claims and defenses with statutory citations, and omitted claims or defenses are waived.

Claims and Defenses: a brief summary by each party of the elements of the claims and defenses that party asserted that remain to be tried, without recital of evidentiary matter, and including citations to all statutes relied on – the parties waive all claims and defenses not set forth in the joint pretrial order;

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;

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;

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.

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.

Applies to

Proposed findings conclusions

In non-jury civil trials, proposed findings and conclusions are due within 10 business days after trial and no responses are allowed.

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

Applies to

Jury materials

Jury materials must include voir dire questions, jury instructions, and verdict sheets, and must be filed ten business days before jury selection.

Jury materials shall include proposed voir dire questions, jury instructions, and verdict sheets. Jury materials must be filed ten (10) business days before the commencement of jury selection.

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.

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.

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.

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."

Applies to

Letter

Must include

certificate of service

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

Applies to

Brief

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.

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.

Applies to

Pretrial order

Must include

caption

Proposed joint pretrial order must include 7 specific sections: caption, parties/counsel, statement of case, jurisdiction, claims/defenses, relief sought, and trial details.

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

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.

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

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.

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.

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.

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.

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.

Applies to

Brief

All memoranda must display the date of service on the front cover.

All memoranda must have the date of service plainly visible on the front cover.

Applies to

Brief

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.

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.

Applies to

Letter

Must include

notice of electronic filing

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.

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.

Applies to

Joint pretrial order

Must include

caption

Joint pretrial order must include caption, counsel info, jurisdictional statements, claims summary, damages, jury demand, witness lists, deposition designations, stipulations, and exhibit schedules.

The joint pretrial order shall include the following: i. The full caption of the action. ii. The names, addresses (including firm names), and telephone and fax numbers of trial counsel. iii. 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. iv. A brief summary by each party of the claims and defenses that party has asserted which remain to be tried. v. A brief statement of the categories and amounts of damages claimed or other relief sought. vi. 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. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. viii. Any stipulations or agreed statements of fact or law. ix. A list of names and addresses of all witnesses, including possible witnesses who will be called only for impeachment or rebuttal purposes. x. A designation by each party of deposition testimony to be offered. xi. A statement of stipulated facts; A schedule listing exhibits to be offered in evidence. All exhibits must be premarked for the trial and exchanged with the other parties at least ten days before trial. Where exhibits are voluminous, they should be placed in binders with tabs.

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.

Applies to

Proposed findings conclusions

Non-jury cases require statement of elements and summary of facts for each claim or defense.

In non-jury cases, a statement of the elements of each claim or defense involving such party, together with a summary of the facts relied upon to establish each element

Applies to

Notice of appearance

Must include

notice of electronic filing

Attorneys must file a notice of appearance on ECF.

Any attorney appearing before the Court must enter a notice of appearance on ECF.

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.

Applies to

Letter

Must include

caption

In diversity jurisdiction cases, a letter (max 2 pages) explaining jurisdictional basis must be filed within 14 days.

In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, within fourteen (14) days of the filing of the action or its removal from state court to federal court, file on ECF a letter no longer than two (2) pages explaining the basis for that party's belief that diversity of citizenship exists, addressing the citizenship of each party to the litigation. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or

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.

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.

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.

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.

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 evidence—must be attached to the motion as a clearly labelled exhibit.

Applies to

Pretrial order

Must include

caption

Joint Pretrial Order must include caption, parties/counsel info, jurisdiction statements, claims/defenses summary, jury/bench trial statement, and magistrate judge consent.

The JPTO shall include the following: 6.1.1. Caption: The full caption of the action. 6.1.2. Parties and Counsel: The names, addresses (including firm names), and telephone numbers of trial counsel. 6.1.3. 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. 6.1.4. 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. 6.1.5. 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. 6.1.6. 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.

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.

Applies to

Pretrial order

JPTO must include designation of deposition testimony to be offered, with cross-designations and objections.

6.1.9. 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.

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 intends to use solely for impeachment and/or rebuttal 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.

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.

Applies to

Motion

Party seeking to use FRE 608(b) or 609 evidence must file 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.

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.

Applies to

Pretrial order

Only exhibits listed in Pretrial Order will be admitted unless good cause shown.

Except for good cause shown, only exhibits listed will be received into evidence.

Applies to

Pretrial statement

In non-jury trials, parties must submit statement of claim elements, defenses, and anticipated factual summary before trial.

In non-jury trials, each party shall submit a statement of the elements of each claim and defenses involving each claim together with a summary of the facts they anticipate will be relied upon to establish each element. The statement shall be due before trial on a schedule to be set by the Court.

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.

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 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 10 days before jury selection, unless otherwise ordered by the Court.

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.

Applies to

Motion

Citations including transcript pages are required when citing record material.

Citations, including transcript pages, required whenever citing record material.

Applies to

Motion

Parties must follow Court's formatting and filing rules for Local Rule 56.1 statements.

Parties must follow the Court's formatting and filing rules for Local Rule 56.1 statements and evidentiary hearings.

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.

Applies to

TRO

TRO moving party must confer with adversary before filing or state why notice is not required under Rule 65(b).

The moving party must confer with their adversary prior to filing a TRO unless the requirements of Fed. R. Civ. P. 65(b)(1) have been satisfied. In the TRO motion, the movant must state whether their adversary consents to the restraining order or set forth the reasons why no notice is required under Rule 65(b).

Applies to

All documents

Must include

certificate of service

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.

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.

Applies to

Letter

Must include

caption

In diversity cases, parties must file a 2-page letter within 30 days explaining citizenship basis for all parties.

In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, within thirty (30) days of the filing of the action or its removal from state court to federal court, file on ECF a letter no longer than two (2) pages explaining the basis for that party's belief that diversity of citizenship exists, addressing the citizenship of each party to the litigation. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.

Applies to

Motion

Appeals of Magistrate Judge release/detention orders must include 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.

Applies to

Notice of appearance

Must include

notice of electronic filing

Attorneys must file notice of appearance on ECF.

Any attorney appearing before the Court must enter a notice of appearance on ECF.

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 .

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.”

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.

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.

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 .

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.

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.

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.

Applies to

Proposed findings conclusions

Parties must submit proposed findings of fact and conclusions of law, and proposed findings should be detailed with citations to proffered testimony and exhibits.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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 ):

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:

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 .

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.

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.

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 .

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).

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.

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.

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.

Applies to

Correspondence

Must include

caption, judge name, 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.

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.

Applies to

Motion to seal

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

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.

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.

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:

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.

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.

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.

Applies to

Cover letter

Before a fully briefed motion is filed, only the cover letter may be filed on ECF, and it must be filed as a 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.

Applies to

Motion

A party may file within governing federal deadlines to avoid loss of substantive rights, but must include an explanation of that 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.

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.

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.

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.

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.

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.

Applies to

Pretrial order

Must include

caption

The joint pretrial order must include the full case caption.

Caption: The full caption of the action

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Faxed document

Any document sent by fax must also be filed electronically.

Documents faxed must be electronically filed.

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.

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.

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:

Applies to

Submission

Submissions citing record material must include evidentiary citations.

Required for all submissions that cite record material.

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.

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.

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.

Applies to

Sur reply

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

Sur-replies require prior authorization.

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.

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.

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.

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.

Applies to

Exhibits