Eastern District of New York Document Filing Requirements

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

LR 56.1 assertions without admissible evidence citations are deemed admitted.

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

Full deposition transcripts must be filed on ECF when cited.

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

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

Source text: 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.

Each exhibit must have a cover page.

Source text: Each exhibit should be accompanied by a cover page.

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

Source text: 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.

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

Source text: 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:

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

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

PSR due 45 days before sentencing.

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

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

Source text: 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.

Defendant's sentencing submissions due 21 days before sentencing.

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

Government's sentencing submissions due 14 days before sentencing.

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

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

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

Affidavits of Service prohibited except in pro se cases.

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

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

Source text: 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.

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

Source text: 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.

Do not include as exhibits documents already on the docket.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: Each party shall submit written requests to charge the jury.

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

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

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

Source text: A legal memorandum addressing all contested legal issues.

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

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

Any submission citing record material must include evidentiary citations.

Source text: Required for any submission that cites record material.

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

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

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

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

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

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

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

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

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.

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

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

Joint pretrial orders must include the full caption.

Source text: 1. Caption. The full caption of the action.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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;

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

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

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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)

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

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

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

A sealing request must include reasons justifying sealing.

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

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

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

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.

Source text: 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.

A party invoking the rights-preservation exception must file an explanation supporting that conclusion with the motion.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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:

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.

Source text: 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.

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

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

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.

Source text: 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.

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

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

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

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

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

Source text: 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.

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

Source text: 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.

Memoranda must include table of contents and table of authorities.

Source text: Memoranda must contain a table of contents and a table of authorities.

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.”

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

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

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

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

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

Source text: 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.”

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

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

Sur-replies require leave of court before submission.

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

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

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

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

Source text: 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.

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

Source text: 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.

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).

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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

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

The joint pretrial order must include the full caption.

Source text: i. The full caption of the action.

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

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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;

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

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

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

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

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

Source text: 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;

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

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

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

Source text: 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.

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

Source text: 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

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

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

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.

Source text: 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:

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

The Joint Pretrial Order must include specifically labeled required topics.

Source text: 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:

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.

Source text: 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;

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.”

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.”

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: Caption. The full caption of the action.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

The pretrial submission must state whether all parties consent to magistrate trial, without identifying which parties did or did not consent.

Source text: 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.

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

Source text: 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.

Each party must designate deposition testimony for its case in chief, including cross-designations and objections.

Source text: 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.

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

Source text: Stipulations. A statement of stipulated facts, if any.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

Source text: 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.

All documents must be filed electronically via ECF system.

Source text: 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.

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

Source text: 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.

Sur-reply papers are not permitted.

Source text: Sur-reply papers shall not be filed.

Default judgment requires Clerk's notation of default.

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

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

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

All filings must be submitted electronically.

Source text: All documents must be filed electronically.

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.

Source text: 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.

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

Source text: A statement regarding damages and other relief sought.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.”

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: The full caption of the action.

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

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

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

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.

Source text: 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:

The joint pretrial order must include the full case caption.

Source text: The full caption of the action.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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);

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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”.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

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

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

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

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

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.

Source text: 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.

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

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

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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:

The Joint Pretrial Order must include the full case caption.

Source text: 1. Caption: The full caption of the action.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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;

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: (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.

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

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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.

Source text: 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.

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

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

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

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

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.

Source text: 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,

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

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

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

Source text: Memoranda must contain a table of contents and a table of authorities.

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

Source text: 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.

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

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

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

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

The joint pretrial order must include the full case caption.

Source text: Caption: the full caption of the action;

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

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

The joint pretrial order must include jurisdiction statements from all parties with citations to statutes and relevant citizenship and amount facts.

Source text: 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;

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

Source text: 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;

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

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

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

Source text: 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;

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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."

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

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

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

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

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

Source text: 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.

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

Source text: 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

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

Source text: 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.

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

Source text: 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

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

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

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.

Source text: 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.

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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

Attorneys must file a notice of appearance on ECF.

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

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

Source text: 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.

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

Source text: 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

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

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

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Party seeking to use FRE 608(b) or 609 evidence must file motion in limine explaining admissibility.

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

The JPTO must include the full case caption.

Source text: 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.

Citations including transcript pages are required when citing record material.

Source text: Citations, including transcript pages, required whenever citing record material.

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

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

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

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

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Appeals of Magistrate Judge release/detention orders must include transcript if available.

Source text: 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.

Attorneys must file notice of appearance on ECF.

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

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

Source text: 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 .

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.”

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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 .

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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

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

Source text: 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.

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.

Source text: 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

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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 ):

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

Source text: 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:

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

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

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

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

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

Source text: 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.

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

Source text: 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 .

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

Source text: 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).

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: The state court record shall include copies of:

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

The joint pretrial order must include the full case caption.

Source text: Caption: The full caption of the action

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

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

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

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

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

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

Verdict sheets must include damages-calculation formulae when applicable.

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

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

Any document sent by fax must also be filed electronically.

Source text: Documents faxed must be electronically filed.

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.

Source text: 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.

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

Source text: 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.

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.

Source text: 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:

Submissions citing record material must include evidentiary citations.

Source text: Required for all submissions that cite record material.

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

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

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.

Source text: 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.

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

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

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

Source text: Sur-replies require prior authorization.

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

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

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

Source text: 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.

Transcript exhibits must include cited relevant pages and enough context to satisfy Rule 106 completeness.

Source text: 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.

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

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

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

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

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

Source text: Unless otherwise ordered by the Court, within 60 days of the completion of discovery in a civil case, the parties shall jointly submit to the Court a proposed Pretrial Order, which shall include the following:

The proposed pretrial order must include the full case caption.

Source text: 1. Caption: The full caption of the action.

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

Source text: 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.

The pretrial order must include an exhibit schedule with specified labeling rules, and only listed exhibits are admissible absent good cause.

Source text: 11. Exhibits: A schedule listing exhibits to be offered into evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should not include exhibits that a party intends to use solely for impeachment and/or rebuttal purposes. Copies of statements proposed to be read to the jury as “learned treatises” under Federal Rule of Evidence 803(18) shall be listed as exhibits. The plaintiff’s exhibits shall be identified by numbers, and the defendant’s exhibits shall be identified by letters. Except for good cause shown, only exhibits listed will be received into evidence.

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

Source text: When counsel anticipates that a witness will refer to documentary evidence during his or her direct testimony, counsel shall have (i) two copies of each document for the Court, and (ii) at least one copy each for the court reporter, each present opposing counsel, and each juror.

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

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

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

Source text: 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.

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

Source text: Proposed orders, jury instructions, and other writings a party requests that the Court adopt shall be filed on ECF and also provided via e-mail, in PDF and Microsoft Word format, to Reyes Chambers@nyed.uscourts.gov.

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

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

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

Source text: The moving papers shall be served on all parties but only a copy of the movant’s cover letter shall be filed via ECF, and designated as a Letter.

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

Source text: Opposition and reply papers shall be served on all parties, but only a copy of the opponent’s cover letter shall be filed via ECF. That filing shall be designated as a Letter on ECF.

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

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

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

Source text: Parties shall file only the pages of transcripts containing relevant testimony cited in the memoranda or affidavits. However, excerpts must comply with Federal Rule of Evidence 106. Parties shall include the portion of the transcript necessary for completeness. If the transcript contains a discussion of a matter, include the whole discussion.

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

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

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

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

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

Source text: Caption: The full caption of the action.

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

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

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

Source text: 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.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

The pretrial order must include a detailed exhibit schedule with party identification and marking conventions, and generally only listed exhibits will be admitted.

Source text: Exhibits: A schedule listing exhibits to be offered into evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should not include exhibits that a party intends to use solely for impeachment and/or rebuttal purposes. Copies of statements proposed to be read to the jury as “learned treatises” under Federal Rule of Evidence 803(18) shall be listed as exhibits. The plaintiff’s exhibits shall be identified by numbers, and the defendant’s exhibits shall be identified by letters. Except for good cause shown, only exhibits listed will be received into evidence.

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

Source text: 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.

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

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

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

Source text: The notice of motion shall state that the oral argument will be held “on a date and at a time to be designated by the court.”

The joint pretrial order must include the full case caption.

Source text: The full caption of the action.

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

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

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

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

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

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

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

Source text: For jury trials, the parties shall submit a Joint Request to Charge. This filing shall include the elements of the claims, the damages sought, the defenses, and any special requests to charge.

In non-jury cases, each party must file a statement of claim/defense elements plus supporting factual summaries.

Source text: In non-jury cases, each party shall file a statement of the elements of each claim or defense, along with a summary of the facts relied upon to establish each element.

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

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

Civil filings subject to word limits must include a certification of compliance per Local Civil Rule 7.1.

Source text: All civil filings subject to word limits in either the Local Rules or these Individual Practices must contain a certification of compliance as set forth in Local Civil Rule 7.1.

Notices of appearance are required in every case; "of counsel" appearances are prohibited.

Source text: Notices of Appearance Required in every case consistent with Local Civil Rule 1.4. "Of counsel" appearances prohibited.

Orders to show cause with return dates are prohibited.

Source text: Orders to Show Cause; Return Date: Practice prohibited.

Motions in limine are due 30 days after JPTO filing, have page/format limits, and must be a single consolidated brief.

Source text: Motions in Limine: Due 30 days following filing of JPTO; subject to page and format limitations; single consolidated brief required.

Memoranda of 3500+ words must include table of contents and table of authorities, excluded from word count.

Source text: Memoranda of 3500 words or more must contain a table of contents and a table of authorities, neither of which shall count against the page limit.

Case citations must include pinpoint cites.

Source text: Case citations must contain pinpoint cites.

Motions to seal require both public (redacted) and private (unredacted under seal) versions with all documents appended as exhibits.

Source text: A party seeking to file a redacted or sealed document should file a single motion to seal that addresses every document (appended as separate exhibits) for which sealing or redaction is sought. A public version of the motion should attach the exhibits containing limited redactions or an indication that the entire document is sealed, as appropriate. A private version of the motion should also be filed under seal with these same documents unredacted in their entirety.

Only specific motion types may be made via letter-motion; motions to amend require unanimous consent to proceed by letter.

Source text: Only the following motions may be made via letter-motion: 1. To adjourn a deadline or extend time; 2. To transfer venue; 3. For remand; 4. For an award of attorney's fees; 5. For Cheeks approval in a Fair Labor Standards Act case; and 6. For ministerial matters consistent with Local Civil Rule 7.1(e). Motions to amend may not be made via letter unless all parties consent to the amendment.

Summary judgment briefing schedules must include the settlement conference date.

Source text: Summary judgment briefing schedules must contain the date of the settlement conference required by Section VI.H.1.

Legal arguments must appear in memoranda of law, not in affidavits or declarations.

Source text: Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations.

Rule 56.1 statements must be prepared and submitted consistent with Local Rules.

Source text: Parties must prepare and submit Rule 56.1 statements consistent with the Local Rules.

Motions to amend must include both a clean copy of the proposed amended pleading and a redlined version showing all changes.

Source text: Motions to amend must comply with Local Civil Rule 15.1, which requires the motion to include a clean copy of the proposed amended pleading, as well as a version indicating all differences from the original pleading through typographic methods such as redlining.

Amended pleadings must include a clean copy and a redlined version showing all differences from the original pleading.

Source text: The filing of any amended pleading—even if as of right—must include both a clean copy of the amended pleading, as well as a version indicating all differences from the original pleading through typographic methods such as redlining.

Motions implicating Local Civil Rules 7.2, 12.1, and 56.2 must include a certification of compliance.

Source text: Any motion implicating these Local Rules must be accompanied with a certification of compliance with these requirements.

TRO movant must file a letter stating whether/how adversary was notified or why notice is not required under FRCP 65(b)(1).

Source text: The party seeking a temporary restraining order must file, with its motion papers, a letter indicating (a) whether and how it has notified its adversary about the motion; or (b) why the requirements of Federal Rule of Civil Procedure 65(b)(1) are satisfied, and notice to the adverse party is not required.

Motions in limine must include a certification that parties conferred in person or via video to resolve issues before filing.

Source text: No such motion will be considered unless the moving party's memorandum includes a certification that, prior to filing the motion, the parties conferred, in person or via video, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement.

Applications for relief via letter, including adjournment requests, must be filed as letter-motions on ECF.

Source text: A party making an application for relief via letter (such as a request for an adjournment), should file the letter as a letter-motion on ECF.

Exhibit lists must be filed on ECF and emailed to chambers 7 days before trial.

Source text: Any exhibit lists must be filed on ECF no later than 7 days prior to trial, and emailed to chambers.

Microsoft Word versions of proposed voir dire, jury instructions, and verdict forms must be emailed to the Court in addition to ECF filing.

Source text: In addition to filing the document on ECF, a party should provide Microsoft Word versions of proposed (a) voir dire; (b) jury instructions; and (c) verdict forms to the Court's email address.

Electronic copies of plea documents must be emailed to chambers at least 3 calendar days before change-of-plea hearing.

Source text: The parties must provide the Court with an electronic copy of the following documents at least three calendar days prior to a change-of-plea hearing, and do so via email to chambers: 1. Plea or cooperation agreement or Pimentel letter; 2. Information, if the defendant intends to plead guilty to a new charging instrument; 3. An executed waiver of indictment form, if the defendant intends to plead guilty to either an information or complaint; and 4. An elements sheet, that sets forth the elements of the offense to which the defendant intends to plead guilty.

Government must email executed plea agreement in PDF format after plea hearing.

Source text: Counsel for the Government must email Chambers with an executed copy of the plea agreement following conclusion of the hearing and provide the document in PDF form.

Memoranda of 10+ pages or 3500+ words must include table of contents and table of authorities (excluded from page limits).

Source text: Memoranda of ten pages or more (3500 words) must contain a table of contents and a table of authorities, neither of which shall count against any page limit.

Discovery motions must comply with Local Criminal Rule 16.1 and include certification.

Source text: All discovery motions must comply with Local Criminal Rule 16.1 and contain a certification of the same in the motion papers.

Each party must file one consolidated memorandum for all motions in limine.

Source text: Each party must file a single consolidated memorandum of law in support of all motions in limine filed by that party.

Requests to charge, verdict forms, and voir dire questions due 14 days before trial.

Source text: Any proposed requests to charge, verdict forms, and voir dire questions must be filed on ECF no later than 14 days prior to trial.

Electronic copies of exhibits must be submitted (not filed on ECF) 2 days before trial with specific filename format.

Source text: The parties must submit to the Court no later than 2 days prior to trial (but not file on ECF): an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number — e.g., "GX-1," "DX-1," etc.).

An extension request affecting other deadlines must include a proposed revised scheduling order that states whether dates are on consent.

Source text: If the requested extension affects any other scheduled dates, a proposed revised scheduling order must be provided, and it must clearly indicate whether the proposed revised dates are on consent or not on consent.

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

Source text: The movant must append to the motion proof of service of the motion for default judgment on the defaulting party.

A certificate of default issued by the Clerk is a prerequisite to consideration of a default judgment motion.

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

If service was only through the Secretary of State, counsel must certify no other known address for the defaulting party.

Source text: Where service on the defaulting party is made solely on the Secretary of State, counsel must certify that s/he is unaware of any other address where the defaulting party may be found.

When the Service Members Civil Relief Act applies, a non-military affidavit must be filed for default judgment practice.

Source text: If the Service Members Civil Relief Act applies to the defaulting party, a complaint non-military affidavit must have been filed.

In civil cases, parties must electronically file a joint pre-trial order within 60 days after discovery is certified complete, subject to the stated exceptions.

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

Only witnesses listed in the pre-trial submissions may testify unless prompt notice is given and good cause is shown.

Source text: Only listed witnesses will be permitted to testify except where prompt notice has been given and good cause shown.

Only listed exhibits will be admitted into evidence unless good cause is shown.

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

In civil jury cases, parties must file proposed voir dire questions, proposed jury instructions, and a verdict sheet.

Source text: In jury cases, proposed voir dire questions, jury instructions, and a verdict sheet.

Exhibits must be pre-marked and exchanged with other parties at least 10 days before trial.

Source text: All exhibits must have pre-marked for the trial and exchanged with the other parties at least ten (10) days before trial.

Pro se litigants exempt from ECF filing requirements.

Source text: Unless otherwise ordered, pro se litigants are exempt from ECF filing requirements.

Joint Proposed Pretrial Order due 30 days after dispositive motion practice deadline.

Source text: Joint Proposed Pretrial Order to be submitted: (30 days after dispositive motion practice deadline)

Attorneys must file Notice of Appearance and register for ECF notifications before filing documents or appearing.

Source text: All attorneys representing parties in cases assigned to this court must file a Notice of Appearance and register to receive ECF notifications prior to filing any documents, and prior to making a personal appearance before the court.

Pro se filing methods and recipients.

Source text: Pro se parties without ECF access must make filings via hand delivery or U.S. mail: to the designated "pro se clerk" in the clerk's office, to the attention of Magistrate Judge Shields and the assigned District Judge, and by U.S. mail to the attorneys for all other parties.

Initial Joint Letter due 2 days before initial conference.

Source text: In all cases this Court's "Initial Joint Letter" annexed as Exhibit G shall be submitted to the Court via ECF no later than two days prior to the Initial Conference.

Discovery Plan Worksheet and Joint Letter required.

Source text: In all cases, counsel must confer and prepare Exhibit B (Discovery Plan Worksheet) as well as the required Joint Letter.

FLSA Appendix C required for FLSA cases.

Source text: In all cases alleging an FLSA violation Counsel must confer and also complete form Appendix C hereto prior to the Initial Conference.

All forms due 3 business days before initial conference.

Source text: All forms required must be submitted to the court via ECF no later than three business days prior to the initial conference.

Local Rule 26.3 definitions incorporated in all discovery requests.

Source text: Counsel are directed to consult Local Rule 26.3 which sets forth "Uniform Definitions in Discovery Requests." The definitions set forth therein are deemed incorporated in all discovery requests and counsel are directed to refrain from the use of any other definitions of the terms set forth therein.

First dispositive motion presumptively due 30 days after discovery closes; parties must consult judge's individual rules.

Source text: Final date to take first step in dispositive motion practice: (Parties are directed to consult the District Judge’s individual rules regarding such motion practice. (Presumptively 30 days after close of discovery)

Expert discovery presumptively completed 3 months after fact discovery closes.

Source text: Expert discovery completed by: (Presumptively 3 months after close of fact discovery)