Court Rules
district Judge
Verified Current2 days ago

Judge Alvin K. Hellerstein

Individual Rules, Standing Orders & Policies

Southern District of New York

Limits & Logistics

Document Limits

Document
99999 pgs

Courtesy Copies

Filings (All filings)

Required • Binding: Securely Bound

Filings (Courtesy List)

Required

Filings (Notice Of Appearance)

Required

Adjournments

Notice Required
48Hours

Must Include

  • 1
    Original Date
  • 2
    Number Of Previous Requests
  • 3
    Previous Requests Granted Or Denied
  • 4
    Adversary Position
  • 5
    Proposed Rescheduled Date
  • 6
    Affects Other Dates
  • 7
    Proposed New Dates

Must Include

  • 1
    Reason For Request
  • 2
    Affects Other Dates
  • 3
    Proposed New Dates
  • 4
    Adversary Position

Communication

Fax

Chambers

Scheduling
No Hours
Phone

Chambers

SchedulingEmergenciesTechnical Issues
Advance Notice Required
No Status Inquiries, Hours
Letter Ecf

Chambers

SchedulingEmergenciesTechnical Issues
Advance Notice Required
No Status Inquiries
Letter Fax

Chambers

SchedulingEmergenciesTechnical Issues
Advance Notice Required
No Status Inquiries
Email

Chambers

Scheduling
Advance Notice Required
No Status Inquiries
Email

Chambers

wtc_letters@nysd.uscourts.gov
No Status Inquiries
Letter Fax

Chambers

SchedulingEmergenciesTechnical Issues
Advance Notice Required
No Hours
Chambers

Chambers

Scheduling
No Hours
Filters:AllMandatoryImportantFormattingSealingCommunicationLettersExhibitsMemorandaElectronicsECF Filing

Detailed Drafting Rules

Format RequirementMandatory

Faxes limited to 5 pages without special permission, only for urgent matters, adjournment requests, or technology requests.

Faxes may be sent only: for urgent matters requiring an immediate response from Chambers; to request an adjournment or extension of time as provided by Rule 1.D; or to make a technology request as provided by Rule 1.F. Faxes should be brief and may not exceed 5 pages without special permission from Chambers. Do not follow faxes with a hard copy.

Typography
Size12 pt
Line SpacingSingle
Layout & Binding
Margins
Top:1"
Left:1.5"
Right:1"
Bottom:1"
Binding Style
Stapled
Required Format

Paper

Communication ProtocolMandatory

Adjournment requests must be faxed to specific number.

Requests for adjournments should be faxed to (212-805-7942).

Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    business_hours
Communication ProtocolImportant

No phone calls for adjournment requests except after 5 business days without response.

DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.

Phone

Direct to: Chambers

Requirements
  • Advance Notice Required
    5_business_days
Prohibited
  • Status Inquiries
Page or Word LimitNote

No page limits for briefs.

The Court does not impose a page limit for briefs.

Page 3
|SecC. Filing of Motion Papers
Format RequirementMandatory

Affidavits and exhibits must be tabbed on both original and courtesy copies.

All affidavits and exhibits shall be clearly identified by tabs on both original and courtesy copies.

Layout & Binding
Binding Style
Tabbed
Page 3
|SecC. Filing of Motion Papers
Format RequirementMandatory

All affidavits, exhibits, and motions must be bound.

All affidavits, exhibits, and motions shall be bound.

Layout & Binding
Binding Style
Securely Bound
Page 3
|SecC. Filing of Motion Papers
Format RequirementMandatory

Exhibits must be marked sequentially without repeating numbers or letters.

Exhibits shall be marked sequentially such that no exhibit number or letter repeats, regardless of the affidavit to which it is attached.

Page 3
|SecC. Filing of Motion Papers
Format RequirementMandatory

Plaintiff exhibits marked with numbers, defendant exhibits with letters.

Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters.

Page 3
|SecC. Filing of Motion Papers
Format RequirementImportant

Voluminous exhibits may be submitted by CD with Chambers approval.

In the event of an especially voluminous submission, and only with written approval from Chambers, parties may submit their exhibits by CD.

Page 4
|SecF. Courtesy Copies
Format RequirementMandatory

Courtesy copies must be submitted without plastic covers.

In any event, courtesy copies are to be submitted without plastic covers.

Page 4
|SecF. Courtesy Copies
Sealing ProtocolMandatory

Unredacted exhibits over 100 pages must be submitted to Chambers on CD.

For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.

Protocol

Sealing Procedure

Applicable Categories
Other
Filing Requirements
Delivery to Chambers(Unredacted Version)
REQUIRED
Format & Details
Page 7
|SecFiling Materials under Seal
Format RequirementImportant

All ECF filings capable of being text-searchable must be made text-searchable.

All filings on ECF which can be made text-searchable shall be text-searchable.

Required Format

PDF

Page 2
|SecECF Cases
Communication ProtocolMandatory

Hard copies of all letters must be sent to Chambers via mail or Court Security Officer (not direct delivery), with simultaneous delivery to all counsel, and the Court must not be copied on inter-counsel correspondence.

Parties shall send to Chambers a hard copy of all letters. Copies of letters to Chambers shall simultaneously be delivered to all counsel in no less speedy a manner than the method of delivery to the Court. Counsel shall not copy the Court on correspondence between and among them. Copies of all documents shall either be mailed to Chambers or left with the Court Security Officer at the Worth Street entrance of the Courthouse. Papers shall not be delivered directly to Chambers unless special permission to do so is granted.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    Documents must be mailed or left with Court Security Officer at Worth Street entrance; direct delivery to Chambers prohibited without special permission. Simultaneous delivery to all counsel required in no less speedy a manner than delivery to Court.
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

Faxes to Chambers are limited to urgent matters, adjournment requests, and technology requests; must not exceed 5 pages without permission; no follow-up hard copy allowed.

Faxes may be sent only: for urgent matters requiring an immediate response from Chambers; to request an adjournment or extension of time as provided by Rule 1.D; or to make a technology request as provided by Rule 1.F. Faxes should be brief and may not exceed 5 pages without special permission from Chambers. Do not follow faxes with a hard copy.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    Faxes may not exceed 5 pages without special permission. Do not follow faxes with hard copy.
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

Letters filed on ECF must additionally be sent to Chambers by mail or by fax (if 5 pages or under).

Letters filed on ECF must also be sent to Chambers, either by mail or, if five pages or under, by fax.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    Letters filed on ECF must also be sent to Chambers by mail, or by fax if five pages or under.
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolImportant

Phone calls to Chambers are prohibited for announcing adjournment intentions, inquiring about request status, confirming receipt (unless >5 business days passed), or asking permission to fax requests.

DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    DO NOT call to: (i) announce intention to request adjournment, (ii) inquire about status of request, (iii) confirm receipt unless >5 business days lapsed, or (iv) ask permission to fax adjournment/extension requests. Fax may be used without advance permission.
  • Status Inquiries
Page 2
|SecRequests for Adjournments or Extensions of Time
Communication ProtocolMandatory

Adjournment or extension requests filed on ECF must also be sent to Chambers by hard copy or fax.

DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    ECF filing of adjournment/extension requests must be accompanied by hard copy or fax to Chambers.
Prohibited
  • Status Inquiries
Page 2
|SecRequests for Adjournments or Extensions of Time
Format RequirementImportant

All affidavits, exhibits, and motions must be bound.

All affidavits, exhibits, and motions shall be bound.

Applies When:Document Type Set Undefined
Layout & Binding
Binding Style
Securely Bound
Page 3
|SecFiling of Motion Papers - Affidavit and Exhibit Requirements
Page or Word LimitNote

No page limit imposed for briefs.

The Court does not impose a page limit for briefs.

Page 3
|SecFiling of Motion Papers
Communication ProtocolMandatory

Counsel must not appear on return date; Court schedules oral argument only if desired.

Counsel shall not appear in Court on the return date. The Court will schedule the date and time for argument if it desires argument.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 3
|SecOral Argument on Motions
Communication ProtocolImportant

Joint agenda must be emailed to Chambers at least 48 hours before non-initial conferences.

For all other conferences, counsel shall submit by email to Chambers a joint agenda, no later than 48 hours in advance of the conference.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 3
|SecConferences in Civil Cases
Sealing ProtocolMandatory

Parties must move for permission to file under seal contemporaneously, file redacted versions on ECF with unredacted copy to Chambers, and submit large exhibits (over 100 pages) on CD.

Notwithstanding any protective order, any party seeking to file materials under seal (whether as part of a motion, a pretrial filing, or other submission) is required to move for permission to file the materials under seal contemporaneously. The party shall do so according to the following procedures. i. The party shall file the notice of motion and redacted versions of the briefing and any supporting materials on ECF, together with an unredacted copy to Chambers, specifying those portions sought to be sealed and setting forth the reasons why sealing is appropriate under the circumstances. For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.

Protocol

Sealing Procedure

Applicable Categories
Personal InformationTrade SecretsProprietary InformationAttorney Client PrivilegedWork ProductOther
Filing Requirements
Public ECF Filing(Redacted Version)
REQUIRED
Delivery to Clerk(Unredacted Version)
NO
Delivery to Chambers(Unredacted Version)
REQUIRED
Format & Details
Page 7
|SecB. Filing Materials under Seal
Format RequirementNote

Fax communications of 6 pages or fewer without permission; no hard copy needed.

Written communications of six (6) pages or fewer may be faxed at any time without permission. No hard copy should be sent if a copy is sent by facsimile.

Applies When:Page Threshold <= 6
Required Format

Fax

Page 1
|SecFacsimile Communication
Format RequirementImportant

Fax communications of 6-20 pages only after hours without permission; permission needed during office hours.

Written communications of six (6) to twenty (20) pages may be faxed, without permission, only after hours: after 5:30 P.M through 8:30 A.M. the following morning. During office hours, between 8:30 A.M. and 5:30 P.M., permission to fax 6- to 20-page documents is necessary. No hard copy should be sent if a copy is sent by facsimile.

Applies When:Page Threshold >= 6
Required Format

Fax

Page 1
|SecFacsimile Communication
Format RequirementImportant

Fax communications of 21+ pages require permission, granted only in urgent circumstances.

Written communications of twenty-one (21) pages or more may only be faxed with permission. Permission is likely to be granted only in urgent circumstances. No hard copy should be sent if permission is given to fax the document.

Applies When:Page Threshold >= 21
Required Format

Fax

Page 1
|SecFacsimile Communication
Communication ProtocolNote

Court communications only to Liaison Counsel unless otherwise necessary.

Phone calls and facsimiles from the Court will be made to Liaison Counsel only, unless otherwise necessary.

Phone

Direct to: Chambers

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 2
|SecCourt Communication with Counsel
Communication ProtocolNote

Court email for communication; counsel should not respond by email.

The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.

Email

Direct to: Chambers

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 2
|SecCourt Communication with Counsel
Communication ProtocolMandatory

Only Liaison Counsel may contact Chambers by telephone except for good cause.

Except for good cause, only Liaison Counsel may contact Chambers by telephone.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|Sec1. Counsel Communication with the Court - A. Telephone Communication
Communication ProtocolNote

Fax communications of 6 pages or fewer require no permission; no hard copy needed if faxed.

Written communications of six (6) pages or fewer may be faxed at any time without permission. No hard copy should be sent if a copy is sent by facsimile.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Page 1
|Sec1. Counsel Communication with the Court - B. Facsimile Communication - i
Communication ProtocolImportant

Fax communications of 6-20 pages require permission during office hours (8:30 AM - 5:30 PM); after-hours faxing allowed without permission.

Written communications of six (6) to twenty (20) pages may be faxed, without permission, only after hours: after 5:30 P.M through 8:30 A.M. the following morning. During office hours, between 8:30 A.M. and 5:30 P.M., permission to fax 6- to 20-page documents is necessary. No hard copy should be sent if a copy is sent by facsimile.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Prohibited
  • Hours
    permission required 8:30 A.M. - 5:30 P.M.; no permission needed after 5:30 P.M. - 8:30 A.M.
Page 1
|Sec1. Counsel Communication with the Court - B. Facsimile Communication - ii
Communication ProtocolMandatory

Fax communications of 21+ pages require permission, granted only in urgent circumstances.

Written communications of twenty-one (21) pages or more may only be faxed with permission. Permission is likely to be granted only in urgent circumstances. No hard copy should be sent if permission is given to fax the document.

Letter Fax

Direct to: Chambers

Approved Topics
Emergencies
Requirements
  • Advance Notice Required
    permission required; granted only in urgent circumstances
Page 1
|Sec1. Counsel Communication with the Court - B. Facsimile Communication - iii
Communication ProtocolMandatory

Permission is required for all hand deliveries to chambers.

Permission for all hand deliveries to chambers remains necessary.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Requirements
  • Advance Notice Required
    permission required for all hand deliveries
Page 1
|Sec1. Counsel Communication with the Court - C. Hand Deliveries
Communication ProtocolNote

Court will communicate by phone and fax to Liaison Counsel only unless otherwise necessary.

Phone calls and facsimiles from the Court will be made to Liaison Counsel only, unless otherwise necessary.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 2
|Sec2. Court Communication with Counsel - A
Communication ProtocolImportant

Court uses email to communicate to counsel but counsel should not respond by email.

The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|Sec2. Court Communication with Counsel - C
Communication ProtocolNote

Second Case Management Conference scheduled one week after settlement meeting to discuss case status, settlement, ADR, expert discovery, and motions.

Approximately one week thereafter, the parties shall meet with the Court for a Second Case Management Conference to discuss the status of the case, the prospects of settlement, whether alternative disputes-resolution procedures should be utilized, the need for and a schedule regulating experts and expert-discovery, appropriate motions and schedules therefor, and any other issue counsel or the Court wish to discuss. The Case Management Conference will be held on Friday, _________________, at 10:00 a.m.

Chambers

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Hours
    9:00 AM - 5:00 PM
Page 3
|SecD. Motions, Settlement, Second Pre-Trial Conference, and Expert Discovery

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