Judge Steven L. Tiscione
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Letter Motion
Motion, Cross Motion
- 1 copy • Upon Filing
Adjournments
- Adjournment and extension requests must be filed as motions with advance notice and must include specific required details or they will be denied.
- Requests to amend discovery deadlines require a showing of good cause after the scheduling order is entered.
Request must include
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Page & Word Limits4 rules
At least three days before the settlement conference, each party shall file a 1-3 page settlement position statement ex parte via ECF.
Settlement Position Statement
3 pages
Such letter motions may not exceed three pages in length, exclusive of attachments.
Letter Motion
3 pages
A response not exceeding three pages in length, exclusive of attachments, must be served and filed within five business days of receipt of the letter motion.
Letter Motion Response
3 pages
Memoranda of law in support of and in opposition to motions on notice are limited to 25 pages, and reply memoranda are limited to 10 pages.
Brief
25 pages
Opposition
25 pages
Reply
10 pages
Document Format Requirements3 rules
All memoranda of law must use reasonable margins, double spacing, and a reasonable font.
All exhibits must be pre-marked for the trial, placed in binders with tabs identifying the exhibit, and exchanged with the other parties and delivered to the Court at least ten days before trial.
Proposed jury charges must also be submitted via electronic media in Microsoft Word format;
DOCX
Document Filing Requirements17 rules
Attorneys 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.
DocumentNotice Of Appearance
If relief is sought from the Court, an application must be filed electronically. The application may be in the form of a letter but must be filed using the “Motion” event.
DocumentApplication
Parties represented by counsel, however, must file documents electronically, even in pro se cases. Counsel must also provide copies of any electronically filed documents to pro se litigants
DocumentElectronically Filed Documents
For cases where all parties are represented by counsel, UNLESS OTHERWISE DIRECTED, the Worksheet must be completed and submitted to the Court.
DocumentDiscovery Plan Worksheet
The Worksheet must be completed and submitted to the Court via ECF at least two days prior to the Initial Conference.
DocumentDiscovery Plan Worksheet
Each party must itemize Phase I discovery items on the attached worksheet and submit it prior to the Initial Conference.
DocumentDiscovery Plan Worksheet
Settlement position statements must include specific settlement content, attach the party’s prior demand/offer, and include no additional exhibits.
These statements must specify the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. It must have attached to it the party’s communicated demand or offer, as prescribed in paragraph II.B.1 above, but no other additional exhibits.
DocumentSettlement Position Statement
Failure to comply with this requirement, or to include a certification of such efforts consistent with FRCP 37(a)(1), will result in the denial of the motion.
DocumentDiscovery Motion
Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations.
DocumentMemorandum Of Law
Case citations must contain pinpoint cites.
DocumentMemorandum Of Law
Parties should cite to the record – including to specific transcript pages – in summary j judgment motions, and any motions predicated on evidence adduced at a hearing or trial (e.g., preliminary injunction applications, motion for new trial, motion for judgment as a matter of law, etc.). Failure to provide citations to the record constitutes grounds for denial.
DocumentMotion
On the date specified in the scheduling order, the parties shall submit a proposed joint pretrial order that includes the following:
DocumentJoint Pretrial Order
The parties must submit a proposed joint pretrial order in the format prescribed by the district court judge on or before the date prescribed in the Scheduling Order.
DocumentJoint Pretrial Order
Litigants proceeding pro se are exempt from ECF requirements unless the pro se litigant completes and submits the proper for electronic case filing.
DocumentPro Se Electronic Filing
Citations to the docket should be made at the end of the sentence with “Docket Entry (“DE”) [docket number].” Thereafter, any further citations to docket may be made with a short-cite at the end of the sentence with “DE [docket number].”
DocumentMemorandum Of Law
Requests for oral argument must be made at the time the motion is submitted for decision.
DocumentMotion
electronically file the following items fifteen (15) days prior to the commencement date of trial: 1. Proposed, Non-Standard Voir Dire Questions; 2. Requests to Charge, 3. Motions in Limine: 4. For non-jury trials, a trial brief/memorandum of law
DocumentTrial Pre Filing
Filing & Service rules
Courtesy Copy Requirements
After e-filing, the initial movant must deliver one marked courtesy hard copy of motion papers, but not send district-judge dispositive-motion courtesy copies to Magistrate Judge Tiscione.
After electronic filing, the initial movant shall provide to the Court one hard copy of all motion and cross-motion papers, marked as ACourtesy Copy.@ Courtesy copies of dispositive motions made to the district judge should not be provided to Magistrate Judge Tiscione.
Page 7 | 4. Courtesy Copies
Courtesy copies of letter motions need not be supplied.
Courtesy copies of letter motions need not be supplied.
Page 6 | III. Motions - A. Discovery or Other Non-Dispositive Motions
Sealing & Redaction Procedures
A motion for leave is required before filing under seal, and publicly filed documents cannot be retroactively sealed.
Parties wishing to seal documents must first obtain court permission by filing a motion for leave to file a sealed document. Please note that the Court cannot retroactively seal a publicly filed document, even if the public filing was erroneous.
Page 10 | V. Sealing
Ex parte settlement statements are treated as confidential and no separate motion to file ex parte is required when the Court has directed ex parte electronic filing.
As these ex parte statements will be treated as confidential and will not be publicly docketed, they should include a realistic statement of the party=s settlement position. As the Court will have previously directed counsel to file the settlement positions statements via ex parte electronic filing, a separate motion to file ex parte is NOT required.
Page 5 | II. Discovery and Settlement - 2. Settlement Statements
Filing Bundling Requirements
Motion and cross-motion papers must be bundled and filed only after full briefing, on the later of the reply due date or scheduled return date.
No motion papers may be filed until the motion has been fully briefed. The initial movant is responsible for filing all of the motion and cross-motion papers on the date the reply brief is scheduled to be filed or the return date in the approved briefing schedule, whichever is later.
Page 7 | 3. The ABundling@ Rule
Pre-Motion Conference Requirements
Before filing a discovery/non-dispositive motion, parties must meet and confer in good faith by phone or in person.
Parties must make a good faith effort, pursuant to Local Civil Rule 26.4 and FRCP 37(a)(1), to resolve disputes, including discussion either by telephone or in person, before making a motion.
Page 6 | III. Motions - A. Discovery or Other Non-Dispositive Motions
For letter motions, opposition is due within five business days and no reply is allowed.
A response not exceeding three pages in length, exclusive of attachments, must be served and filed within five business days of receipt of the letter motion. Replies are not permitted on letter motions.
Page 6 | III. Motions - A. Discovery or Other Non-Dispositive Motions
Represented parties must request and complete a pre-motion conference before dispositive motions, with two-page pre-motion/response letters and a court-approved briefing schedule.
In all cases where the parties are represented by counsel, a pre-motion conference is required before making any dispositive motion. The parties may request such a conference by way of an electronically filed letter motion seeking a court conference. Letters requesting pre-motion conferences shall state, in brief, the grounds for the motion, shall not exceed two pages, and shall not include affidavits or exhibits. All parties served with a pre-motion letter shall serve and file a letter response, not to exceed two pages, within seven days from service of the pre-motion conference letter. At the conference, the parties shall present to the Court a proposed briefing schedule for approval. Once established, no revisions to the schedule will be made without the Court=s approval.
Page 7 | 1. Pre-Motion Conferences
Motions in limine follow a set sequence with opposition due seven days before jury selection and reply due three days before jury selection.
3. Motions in Limine: All motions addressing any evidentiary or other issues that should be resolved in limine. Any opposition should be filed seven (7) days prior to jury selection. Any reply should be made in the same manner three (3) days prior to jury selection.
Page 10 | B. Cases before Magistrate Judge Tiscione for All Purposes
Adjournment & Extension Requirements
Adjournment and extension requests must be filed as motions with advance notice and must include specific required details or they will be denied.
All requests for adjournments of conferences or extensions of time must be electronically filed, as motions, no later than 48 hours in advance of the conference date (or 3:00 p.m. the previous Thursday if the conference is scheduled for the following Monday or 3:00 p.m. the previous Friday if the conference is scheduled for the following Tuesday), on consent of all parties; merely copying the adversary on the request is insufficient. Requests not containing the following will be denied: 1) the original date of the conference and/or deadline; 2) the number of previous requests for adjournment or extension, and whether these previous requests were granted or denied; 3) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; 4) the reason for the adjournment or extension request; 5) a suggested adjournment date or a proposed revised schedule with specific dates
Page 2 | C. Requests for Adjournments or Extensions of Time
Requests to amend discovery deadlines require a showing of good cause after the scheduling order is entered.
Once a Scheduling Order has been entered with the parties= input, the discovery deadlines will be enforced and amended only upon a showing of good cause.
Page 3 | A. Initial Conference and Scheduling Orders
Chambers Communication Rules
In civil actions, communications and filings directed to Judge Tiscione must be made through ECF unless the Court directs otherwise.
The Electronic Communications Filing (“ECF”) system is the primary means of communication with the Court. All documents directed to Magistrate Judge Tiscione in civil actions MUST be filed electronically, except as stated below or otherwise directed by the Court.
Page 1 | A. Written Communications - ECF
In criminal matters, specified chambers emails may be used for scheduling criminal proceedings and should include all affected parties when possible.
For criminal matters only such as new arrests, bail issues, arraignments, pleas, etc., an email should be sent to the Courtroom Deputy and law clerks at James_Torrito@nyed.uscourts.gov, Daniel_Conte@nyed.uscourts.gov and Kalid_Yacoub@nyed.uscourts.gov. When possible, all affected parties should be copied on emails which are intended to schedule a criminal proceeding. These email addresses are not to otherwise be utilized.
Page 2 | B. Telephone Calls and Case Related Inquiries
Calls to chambers are allowed but should generally be limited to urgent matters requiring immediate attention.
Telephone calls to chambers are permitted but should be reserved primarily for situations requiring immediate attention, such as deposition disputes, in cases assigned or referred to Magistrate Judge Tiscione.
Page 1 | B. Telephone Calls and Case Related Inquiries
Counsel should not seek the status of a dispositive motion referred from the District Court.
Counsel should not seek the status of a dispositive motion referred from the District Court.
Page 2 | B. Telephone Calls and Case Related Inquiries