Judge Analisa Torres
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- Prohibited
Jury Instructions, Proposed Order
- Email • Upon Filing
Motion
- 1 copy
Pretrial Order
- 1 copy • Upon Filing
Adjournments
- Adjournment/extension requests must include original dates, previous requests, and adversary consent.
- Extension requests made after deadline expiration are ordinarily denied.
- Written adjournment/extension requests must include original date, previous request history, and adversary position.
- +2 more
Request must include
- Adjournment/extension requests must be made at least 48 hours in advance, absent an emergency.
- Adjournment/extension requests must be made at least 48 hours in advance (except emergencies).
- Adjournment and extension requests must be made at least 48 hours in advance and must include original dates, reason, previous request history, adversary position, and proposed schedule if affecting other dates.
- +1 more
- Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.
- Modifications/extensions require written application 5 days before deadline with good cause.
- Applications to extend scheduling order dates require written application with good cause, submitted at least 5 days before the deadline expires.
Communication
Intake Unit
Chambers
Phone
Chambers
Page & Word Limits20 rules
Letters to the Court shall not exceed 5 pages.
- Letter
- Up to 5 pages
Briefs prepared with a computer in support of and in response to a motion may not exceed 8,750 words, and reply briefs may not exceed 3,500 words.
- Brief (computer-generated)
- Up to 8,750 words
Handwritten or typewritten pro se briefs on motions for reconsideration are limited to 10 pages.
- Motion for reconsideration (handwritten) for self-represented parties
- Up to 10 pages
- Motion for reconsideration (typewritten) for self-represented parties
- Up to 10 pages
- Brief
Court's wording
Briefs that are handwritten or prepared on a typewriter by a party who is not represented by an attorney in support of and in opposition to a motion for reconsideration may not exceed 10 pages, and reply briefs may not exceed 5 pages.
Handwritten or typewritten pro se briefs on objections to magistrate judges' rulings are limited to 20 pages.
- Objections to magistrate judge rulings (handwritten) for self-represented parties
- Up to 20 pages
- Objections to magistrate judge rulings (typewritten) for self-represented parties
- Up to 20 pages
- Brief
Court's wording
Briefs that are handwritten or prepared on a typewriter by a party who is not represented by an attorney concerning objections to magistrate judges' rulings (including responses to such briefs) shall not exceed 20 pages.
Briefs prepared with a computer in support of and in opposition to motions for reconsideration are limited to 3,500 words, and reply briefs are limited to 1,750 words.
- Motion for reconsideration (computer-generated)
- Up to 3,500 words
- Brief
Handwritten or typewritten pro se opening briefs are limited to 25 pages.
- Brief (handwritten) for self-represented parties
- Up to 25 pages
- Brief (typewritten) for self-represented parties
- Up to 25 pages
Court's wording
Briefs that are handwritten or prepared on a typewriter by a party who is not represented by an attorney in support of and in opposition to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.
Motions for reconsideration: computer-generated limited to 3,500 words (support/opposition) and 1,750 words (reply); handwritten/typewriter limited to 10 pages (support/opposition) and 5 pages (reply).
- Motion for reconsideration (computer-generated) for self-represented parties
- Up to 3,500 words
- Motion for reconsideration (handwritten) for self-represented parties
- Up to 10 pages
- Reply brief (computer-generated) for self-represented parties
- Up to 1,750 words
- Reply brief (handwritten) for self-represented parties
- Up to 5 pages
Court's wording
Briefs prepared with a computer in support of and in opposition to motions for reconsideration are limited to 3,500 words, and reply briefs are limited to 1,750 words. Briefs that are handwritten or prepared on a typewriter by a party who is not represented by an attorney in support of and in opposition to a motion for reconsideration may not exceed 10 pages, and reply briefs may not exceed 5 pages.
Computer-generated briefs limited to 8,750 words (support/response) and 3,500 words (reply); handwritten/typewriter briefs limited to 25 pages (support/response) and 10 pages (reply).
- Brief (computer-generated) for self-represented parties
- Up to 8,750 words
- Brief (handwritten) for self-represented parties
- Up to 25 pages
- Reply brief (computer-generated) for self-represented parties
- Up to 3,500 words
- Reply brief (handwritten) for self-represented parties
- Up to 10 pages
Court's wording
Briefs prepared with a computer in support of and in response to a motion may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Briefs that are handwritten or prepared on a typewriter by a party who is not represented by an attorney in support of and in opposition to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.
Briefs prepared with a computer concerning objections to magistrate judges' rulings (including responses to such briefs) shall not exceed 7,000 words.
- Objections to magistrate judge rulings (computer-generated)
- Up to 7,000 words
- Brief
Letters to the Court shall not exceed 5 pages.
- Letter
- Up to 5 pages
Objections to magistrate rulings: computer-generated limited to 7,000 words; handwritten/typewriter limited to 20 pages.
- Objections to magistrate rulings (computer-generated) for self-represented parties
- Up to 7,000 words
- Objections to magistrate rulings (handwritten) for self-represented parties
- Up to 20 pages
Court's wording
Briefs prepared with a computer concerning objections to magistrate judges’ rulings (including responses to such briefs) shall not exceed 7,000 words. Briefs that are handwritten or prepared on a typewriter by a party who is not represented by an attorney concerning objections to magistrate judges’ rulings (including responses to such briefs) shall not exceed 20 pages.
Pre-motion letters limited to 4 pages; opposition letters due within 5 business days.
- Letter
- Up to 4 pages
Court's wording
The movant shall file a letter with the Court, normally not exceeding four pages, setting forth the basis for the anticipated motion. Opposition letters, normally not exceeding four pages, shall be submitted within five business days after receipt of the movant's letter.
Motion to dismiss first exchange letters limited to 3 single-spaced pages.
- Letter
- Up to 3 pages
- Format
- Single-spaced
Court's wording
Before the time to file a responsive pleading has expired, the defendant shall send plaintiff a letter not exceeding three single-spaced pages, seeking a more definite statement or setting forth the specific pleading deficiencies in the complaint and other reasons or controlling authorities that defendant contends would warrant dismissal.
Briefs concerning objections to magistrate judges’ rulings (including responses to such briefs) shall not exceed 7,000 words.
- Objection to magistrate ruling
- Up to 7,000 words
The following limits apply unless otherwise stated by the Court. Memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words.
- Memorandum of law
- Up to 8,750 words
- Reply memorandum
- Up to 3,500 words
Briefs in support of and in opposition to motions for reconsideration are limited to 3,500 words, and reply briefs are limited to 1,750 words.
- Motion for reconsideration
- Up to 3,500 words
- Reply brief
- Up to 1,750 words
First pre-motion letter for motions to dismiss limited to 3 single-spaced pages.
- Page limit
- Up to 3 pages
Court's wording
First: Before the time to file a responsive pleading has expired, the defendant shall send plaintiff a letter not exceeding three single-spaced pages, seeking a more definite statement or setting forth the specific pleading deficiencies in the complaint and other reasons or controlling authorities that defendant contends would warrant dismissal.
Pre-motion letters limited to 4 pages; opposition letters due within 5 business days.
- Pre-motion letter
- Up to 4 pages
Court's wording
The movant shall file a letter with the Court, normally not exceeding four pages, setting forth the basis for the anticipated motion. Opposition letters, normally not exceeding four pages, shall be submitted within five business days after receipt of the movant’s letter.
Word limits for motion memoranda: support/opposition 8,750 words, reply 3,500 words; magistrate objections 7,000 words; reconsideration support/opposition 3,500 words, reply 1,750 words; with specific exclusions.
- Brief
- Up to 8,750 words
- Opposition
- Reply
Excluded from word count
- •Caption
- •Index
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Court's wording
Memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words. Briefs concerning objections to magistrate judges' rulings (including responses to such briefs) shall not exceed 7,000 words. Briefs in support of and in opposition to motions for reconsideration are limited to 3,500 words, and reply briefs are limited to 1,750 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but they do include material contained in footnotes or endnotes.
Word limits exclude caption, index, TOC, TOA, signature blocks, certificates but include footnotes
Excluded from the limit
- •Caption
- •Index
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Court's wording
These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but they do include material contained in footnotes or endnotes.
Document Format Requirements9 rules
Motion papers shall be single-sided, double-spaced, shall use 12-point font or larger (including footnotes), and shall have one-inch margins on all sides.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- 1 inch
All pleadings, letters, motion papers, affidavits, or any other document containing text shall be text searchable.
Formatting
- •Text searchable
Joint pretrial order must be filed in both PDF and Microsoft Word format.
- File type
- Joint pretrial order
Court's wording
Unless otherwise ordered by the Court, within thirty days after the date for the completion of discovery, or within thirty days after the Court's decision on a dispositive motion, if any, the parties shall file with the Court, in both PDF format and as a Microsoft Word document
Exhibits must be pre-marked and assembled sequentially in a loose-leaf binder or labeled manila folders.
- Exhibits
Formatting
- •Pre-marked exhibits
- •Assembled sequentially
- •Labeled with exhibit numbers
Court's wording
In all cases, one copy of each documentary exhibit sought to be admitted, pre-marked and assembled sequentially in a loose leaf binder or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.
The parties shall submit the entire transcript of a witness' testimony in one-page-per-sheet format with an index.
Formatting
- •One-page-per-sheet format
- •Include index
Motion papers shall be single-sided, double-spaced, shall use 12-point font or larger (including footnotes), and shall have one-inch margins on all sides. Footnotes are discouraged.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- 1 inch
Formatting
- •Single-sided
- •Footnotes discouraged
Footnotes are discouraged.
All pleadings, letters, motion papers, affidavits, or any other document containing text shall be text searchable.
Formatting
- •Text-searchable
All exhibits shall be tabbed and indexed.
- Exhibits
Formatting
- •Tabbed
- •Indexed
Document Filing Requirements62 rules
Pro se parties must include proof of service when filing if another party is not an ECF user.
- Document
- Pro se filing with non-ECF party
Must include
- •Certificate of service
Court's wording
If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include proof of service affirming that he or she has done so.
Counsel must serve paper copies on pro se parties and include proof of service with all electronic filings.
- Document
- Counsel filing in pro se case
Must include
- •Certificate of service
Court's wording
counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically or otherwise submitted to the Court and must include a separate proof of service. Submissions filed without such proof of service will not be considered.
Any nonincarcerated pro se party who wishes to participate in electronic case filing ("ECF") must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake Unit or at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro-se-cases.
Counsel must serve pro se parties with paper copies and proof of service unless ECF permission or electronic consent exists.
- Document
- Service
Must include
- •Proof of service
Court's wording
Except for cases in which the pro se party has received permission to participate in electronic case filing or has consented to electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically or otherwise submitted to the Court and must include a separate proof of service.
Computer-prepared briefs must include a certificate stating the word count.
- Document
- Brief
- Placement
- Certificate section
Must include
- •Word count
Court's wording
If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document.
Pro se plaintiff must file Pretrial Statement within 30 days after discovery completion or dispositive motion decision.
Court's wording
Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery, or within 30 days after the Court’s decision on a dispositive motion, if any, the plaintiff in a pro se case must file a concise, written Pretrial Statement.
Two weeks after service of the plaintiff’s Statement, the defendant must file and serve its own Pretrial Statement.
Parties represented by counsel must file proposed voir dire, jury charge, and verdict form for jury trials.
- Document
- Pretrial statement
Must include
- •Proposed jury charge
- •Proposed verdict form
- •Proposed voir dire questions
Court's wording
If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement.
Parties represented by counsel must file proposed findings of fact and conclusions of law for bench trials.
- Document
- Pretrial statement
Must include
- •Proposed findings of fact and conclusions of law
Court's wording
If the case is to be tried before only a judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement.
Pro se plaintiff must send Pretrial Statement to non-ECF parties with proof of service.
- Document
- Pretrial statement
Must include
- •Proof of service
Court's wording
If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), the plaintiff must also send a copy of the Statement to that party and include proof of service affirming that he or she has done so.
Pretrial Statement must include statement of facts, list of documents/objects, list of witnesses/addresses, and be sworn.
Must include
- •Statement of facts
Court's wording
This Statement need not take any particular form, but it must contain the following: (1) a statement of the facts the plaintiff intends to prove at trial; (2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.
Parties asserting diversity jurisdiction must file 2-page letter with citizenship details before Case Management Plan deadline.
Court's wording
asserting the existence of such jurisdiction shall, prior to the deadline for submitting the proposed Case Management Plan and Scheduling Order, file with the Court a letter no longer than two pages explaining the basis for that party's assertion that diversity of citizenship exists. 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.
Discovery disputes require meet-and-confer first, then joint letter (max 6 pages) with representation of conferral details.
Court's wording
All parties shall follow Local Civil Rule 37.2 with the following modifications: A party wishing to raise a discovery dispute with the Court shall first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not succeed, the parties shall describe the dispute in a single joint letter to the Court, normally not exceeding six pages. The joint letter shall include a representation that the meet-and-confer process occurred, identifying the time, place, and duration and naming the counsel involved in the discussion.
Non-moving party must notify court within 10 days of motion to dismiss receipt about amending pleading or defending existing pleading.
Court's wording
If a motion to dismiss is filed, the non-moving party must, within ten days of receipt of the motion, notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so, or (2) it will rely on the pleading being attacked.
Memoranda of more than ten pages shall contain a table of contents and a table of authorities.
- Document
- Memorandum of law
Must include
- •Table of contents
- •Table of authorities
Summary judgment motions require electronic copy of 56.1 statement in Word format and simultaneous production of new evidence
- Document
- Summary judgment motion
Must include
- •Statement of material facts
- •Electronic copy in Microsoft Word format
Court's wording
Any party wishing to move for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of its Statement of Material Facts pursuant to Local Civil Rule 56.1. The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 statement that has not previously been produced during discovery.
The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 statement that has not previously been produced during discovery.
Summary judgment transcripts must be submitted in full, one-page-per-sheet format with index
Court's wording
With respect to any deposition or hearing transcript that is supplied in connection with a summary judgment motion, the transcript of a witness’ testimony shall be submitted in its entirety and in a one-page-per-sheet format with an index.
Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing.
All exhibits shall be tabbed and indexed.
- Document
- Exhibit
Must include
- •Tabbed
- •Indexed
Computer-prepared briefs require word count compliance certificate
Court's wording
If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above.
The certificate must state the number of words in the document.
Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.
A plaintiff seeking a default judgment shall proceed by way of order to show cause, pursuant to the procedure set forth in Attachment A, infra.
Joint pretrial order must be filed within 30 days after discovery completion or 30 days after decision on dispositive motion, in both PDF and Microsoft Word formats.
Court's wording
Unless otherwise ordered by the Court, within thirty days after the date for the completion of discovery, or within thirty days after the Court's decision on a dispositive motion, if any, the parties shall file with the Court, in both PDF format and as a Microsoft Word document, a proposed joint pretrial order
At the time of filing, parties shall also submit copies of these documents to the Court by email, as Microsoft Word documents.
Proposed findings of fact and conclusions of law must be detailed with citations, filed on ECF, and emailed to Court in PDF and Word formats.
Court's wording
File on ECF their proposed findings of fact and conclusions of law. The proposed findings of fact shall be detailed and shall include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. At the time of filing, parties shall also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.
At the time of filing, parties shall also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.
Parties using generative AI must verify accuracy and Rule 11 compliance of submissions.
Must include
- •AI disclosure
Court's wording
If a submission is prepared using generative artificial intelligence (for example, ChatGPT, Harvey, CoCounsel, or Google Bard), the submitting party and counsel must confirm for themselves that the submission, and all source material within, is accurate and in compliance with the obligations of Rule 11.
The affidavit or declaration shall include as attachments: 1. A proposed default judgment; 2. A Certificate of Default from the Clerk of Court; 3. Copies of all of the pleadings
- Document
- Default judgment
Must include
- •Certificate of default
Default judgment motion requires proposed order, party affidavit with damages calculation, and supporting affidavit.
- Document
- Default judgment
Include
- •Proposed order
Court's wording
In accordance with Rule 16.3 of the Electronic Case Filing Rules & Instructions, file the following documents: a. A proposed order to show cause for default judgment; b. An affidavit or declaration signed by a party with personal knowledge (i.e., not the attorney in the action except in limited circumstances), which sets forth a statement of proposed damages and the basis for each element of damages, including a step-by-step explanation of each calculation; and c. An affidavit or declaration in support of the order.
Certificate of Default from Clerk required before moving for default judgment.
- Document
- Default judgment
Must include
- •Certificate of default
Court's wording
Before moving for default judgment, a party must first acquire a Certificate of Default from the Clerk of Court pursuant to Federal Rule of Civil Procedure 55(a), Local Civil Rule 55.1, and Rule 16.1 of the Electronic Case Filing Rules & Instructions.
The affidavit or declaration shall set forth: 1. The basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; 2. The procedural history beyond service of the summons and complaint, if any; 3. The legal basis, including citations to appropriate authorities, for a finding of liability based on the allegations in the complaint; 4. Whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; 5. The proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and 6. Legal authority for why an inquest into damages would be unnecessary, if applicable.
- Document
- Default judgment affidavit
Must include
- •Legal argument
Parties must comply with FRCP 26(a)(2) expert testimony disclosures and 26(a)(3) trial evidence disclosures; non-compliance may result in preclusion or sanctions.
Court's wording
The parties are reminded of their obligation to make certain disclosures regarding expert testimony pursuant to Federal Rule of Civil Procedure 26(a)(2) and to make disclosure regarding evidence that may be presented at trial pursuant to Federal Rule of Civil Procedure 26(a)(3). Failure to comply with these requirements may result in preclusion or other sanctions.
The letter motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous
- Document
- Letter motion
Must include
- •Original date
- •Reason for request
- •Number of previous requests
Computer-prepared briefs must include a certificate stating the word count, which may rely on the word-processing program's count.
- Document
- Brief
- Placement
- Certificate section
Must include
- •Word count
Court's wording
If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document.
AI-generated submissions must be verified for accuracy and Rule 11 compliance.
- Document
- Any submission
Must include
- •AI disclosure
Court's wording
If a submission is prepared using generative artificial intelligence (for example, ChatGPT, Harvey, CoCounsel, or Google Bard), the submitting party and counsel must confirm for themselves that the submission, and all source material within, is accurate and in compliance with the obligations of Rule 11.
Any party wishing to move for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of its Statement of Material Facts pursuant to Local Civil Rule 56.1.
- Document
- Statement of material facts
Must include
- •Statement of facts
If the requested adjournment or extension affects any other scheduled dates, a proposed schedule shall be included in the letter.
Joint pretrial order must be filed within 30 days after discovery completion or dispositive motion decision, in both PDF and Word formats.
- Document
- Joint pretrial order
Must include
- •PDF format
Court's wording
Unless otherwise ordered by the Court, within thirty days after the date for the completion of discovery, or within thirty days after the Court’s decision on a dispositive motion, if any, the parties shall file with the Court, in both PDF format and as a Microsoft Word document, a proposed joint pretrial order
The affidavit or declaration shall include as attachments: 1. A proposed default judgment; 2. A Certificate of Default from the Clerk of Court; 3. Copies of all of the pleadings;
- Document
- Default judgment affidavit
Must include
- •Attachments
Filing & Service rules
Courtesy Copy Requirements
Pro se parties must file papers with Pro Se Intake Unit with one courtesy copy.
All papers to be filed with the Court by a pro se party, along with one courtesy copy of those papers, must be delivered in person or sent by mail to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007, or emailed to the Pro Se Intake Unit at ProSe@nysd.uscourts.gov.
Page 2 | II. Filing of Papers and Service
All motion papers require one courtesy copy.
All motion papers must include one courtesy copy.
Page 3 | IV. Motions
All motion papers must include one courtesy copy.
Courtesy Copy. All motion papers must include one courtesy copy.
Page 4 | IV. Motions
If pro se, the plaintiff must file an original of this Statement, plus one courtesy copy, with the Pro Se Intake Unit.
If pro se, the plaintiff must file an original of this Statement, plus one courtesy copy, with the Pro Se Intake Unit.
Page 4 | V. Trial Documents
Courtesy copies are prohibited from being submitted to chambers except as provided in Rule V(G).
Except as provided in Rule V(G), no papers, including courtesy hard copies of any filing or document, may be submitted to chambers.
Civil cases
Page 1 | I. Communications with Chambers
Joint requests to charge, verdict forms, and voir dire questions must be emailed to the Court as Word documents at filing.
In all jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order. At the time of filing, parties shall also submit copies of these documents to the Court by email, as Microsoft Word documents.
Civil cases
Page 11 | D. Requests to Charge and Proposed Voir Dires
Sealing & Redaction Procedures
Social Security numbers, minor children's names, dates of birth, and financial account numbers must be redacted from public filings without prior court approval.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.
Civil cases
Page 7 | Electronic Filing Under Seal in Civil and Miscellaneous Cases
Proposed sealed documents must be contemporaneously filed under seal in ECF and electronically related to the motion.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Civil cases
Page 8 | Electronic Filing Under Seal in Civil and Miscellaneous Cases
Motions to seal must be filed publicly, explain reasons for sealing, and not include the confidential information sought to be sealed.
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.
Civil cases
Page 8 | Electronic Filing Under Seal in Civil and Miscellaneous Cases
For approved redactions, publicly file redacted version and under seal file unredacted version with redactions highlighted.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted.
Civil cases
Page 8 | Electronic Filing Under Seal in Civil and Miscellaneous Cases
Supporting papers for sealing motions must be separately filed and may be under seal or redacted only as necessary.
Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Civil cases
Page 8 | Electronic Filing Under Seal in Civil and Miscellaneous Cases
Sealed document must be filed under seal and electronically related to motion.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Civil cases
Motion to seal must be filed publicly with reasons, without confidential information.
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.
Civil cases
For redactions, file public version with redactions and sealed version with highlighted redactions.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted.
Civil cases
Parties unable to file electronically must move for leave to file on paper.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Civil cases
Sealed/redacted filings must be filed electronically through ECF system.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF
Civil cases
PIN numbers, medical records, employment history, financial information, trade secrets, home addresses, and cooperation information may warrant motion for sealed/redacted filing.
Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.
Civil cases
Page 7 | Electronic Filing Under Seal in Civil and Miscellaneous Cases
Filing Bundling Requirements
Motion papers must be filed promptly after service
Motion papers shall be filed promptly after service.
Civil cases
Page 6 | Filing Motion Papers
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
Civil cases
Pre-Motion Conference Requirements
Pre-motion letter required before filing most motions, with specific exemptions listed.
A pre-motion letter is required prior to the filing of any motion, except motions with a jurisdictional time limit as provided by the Federal Rules of Appellate Procedure, post-judgment motions, motions brought on by a court order to show cause, motions for reargument or reconsideration, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for attorneys' fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in securities class actions, objections to magistrate judges' rulings, motions for sanctions, motions to withdraw as counsel, motions for reduction of sentence, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.
Civil cases
Page 3 | III. Motions - A. Pre-Motion Letters in Civil Cases
Pre-motion letter required for summary judgment motions
The prospective movant shall file with the Court a pre-motion letter informing the Court of the basis for its anticipated motion for summary judgment and attaching the opposing party’s response to the Rule 56.1 Statement.
Civil cases
Page 5 | Special Rules for Summary Judgment Motions
Opposition letters for summary judgment pre-motion must be filed within 5 business days
Opposition letters shall be filed with the Court within five business days after receipt of the prospective movant’s letter.
Civil cases
Page 5 | Special Rules for Summary Judgment Motions
However, all attorneys appearing should have the degree of authority consistent with the proceeding. For example, an attorney attending a pre-motion conference should have the authority to commit his or her party to a motion schedule, and should be prepared to address other matters likely to arise, including the party's willingness to participate in a settlement conference with the assigned Magistrate Judge.
However, all attorneys appearing should have the degree of authority consistent with the proceeding. For example, an attorney attending a pre-motion conference should have the authority to commit his or her party to a motion schedule, and should be prepared to address other matters likely to arise, including the party's willingness to participate in a settlement conference with the assigned Magistrate Judge.
Civil cases
Page 7 | Motions
Daubert motions to exclude expert testimony must be made by the dispositive motions deadline and are not treated as motions in limine.
motions to exclude testimony of experts shall be made by the deadline for dispositive motions and shall not be treated as motions in limine
Civil cases
Page 7 | Motions to Exclude Testimony of Experts
Opposition filings must be submitted within one week after the pretrial order but no fewer than three days before trial.
Any party may file the following documents within one week after the filing of the proposed joint pretrial order, but in no event fewer than three days before the scheduled trial date
Civil cases
Page 12 | F. Filings in Opposition
Two sets of pre-motion letters required for motions to dismiss.
In the case of a motion to dismiss, the parties shall exchange two sets of pre-motion letters.
Civil cases
Non-moving party must notify Court within 10 days of motion to dismiss filing whether amending pleading.
If a motion to dismiss is filed, the non-moving party must, within ten days of receipt of the motion, notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so, or (2) it will rely on the pleading being attacked.
Civil cases
Second pre-motion letter set for motions to dismiss must be filed with Court.
Second: If, after the first exchange of letters, the defendant still wishes to file a motion to dismiss, the parties shall follow the steps set forth in Rule III(A) above for pre-motion letters, and this second set of letters shall be filed with the Court before the time to file a responsive pleading has expired.
Civil cases
Plaintiff response to first pre-motion letter due within 5 business days.
The plaintiff shall respond by similar letter within five business days indicating the extent, if any, to which plaintiff concurs with defendant’s objections and the amendments, if any, to be made to the complaint to address them, or the reasons and controlling authority that support the pleadings as filed.
Civil cases
Pre-motion letter required for most motions except specified exceptions.
A pre-motion letter is required prior to the filing of any motion, except motions with a jurisdictional time limit as provided by the Federal Rules of Appellate Procedure, post-judgment motions, motions brought on by a court order to show cause, motions for reargument or reconsideration, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for attorneys’ fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in securities class actions, objections to magistrate judges’ rulings, motions for sanctions, motions to withdraw as counsel, motions for reduction of sentence, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.
Civil cases
Pre-motion letter for Rule 12(b) motions stays time to answer until further order.
Transmittal of a pre-motion letter for a proposed motion under Federal Rule of Civil Procedure 12(b) stays the time to answer or move to dismiss until further order of the Court.
Civil cases
Motions in limine are exempt from pre-motion conference requirements.
All motions and applications shall be governed by the Court’s Individual Practices, including pre- motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Summary judgment motions must request pre-motion conference within 14 days of fact discovery close.
Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.
Civil cases
Page 2 | Paragraph 8
Motions require pre-motion conference except motions in limine.
All motions and applications shall be governed by the Court’s Individual Practices, including pre- motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.
Civil cases
Page 2 | Paragraph 8
Summary judgment motions require a written request for pre-motion conference within 14 days of the close of fact discovery.
Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Pre-motion conference requests for summary judgment motions must be made within 14 days after fact discovery closes.
The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery.
Civil cases
Pre-motion conference for summary judgment must be requested within 14 days of fact discovery close.
The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery.
Civil cases
Plaintiff must respond to motion to dismiss letter within 5 business days.
The plaintiff shall respond by similar letter within five business days indicating the extent, if any, to which plaintiff concurs with defendant's objections and the amendments, if any, to be made to the complaint to address them, or the reasons and controlling authority that support the pleadings as filed.
Civil cases
Page 4 | III. Motions - B. Special Requirements for Motions to Dismiss
Pre-motion conferences and pre-motion letters are not required in pro se cases.
Pre-motion conferences and pre-motion letters are not required in pro se cases.
Page 3 | IV. Motions
Court decides whether summary judgment motion is warranted after pre-motion letter
The Court shall inform the parties whether a motion for summary judgment is warranted and, if so, set a briefing schedule.
Civil cases
Page 5 | Special Rules for Summary Judgment Motions
Pre-motion conference requirement is waived for motions in limine.
Any motions in limine shall be filed after the close of discovery and before the Final Pretrial Submission Date and the pre-motion conference requirement is waived for any such motion.
Civil cases
Adjournment & Extension Requirements
Adjournment/extension requests must be made at least 48 hours in advance, absent an emergency.
Absent an emergency, any request for adjournments or extensions must be made at least 48 hours prior to the deadline or scheduled appearance.
Page 2 | I. Communications with Chambers
Adjournment/extension requests must be made at least 48 hours in advance (except emergencies).
Absent an emergency, any request for adjournments or extensions must be made at least 48 hours prior to the deadline or scheduled appearance.
Page 2 | I. Communications with Chambers
Adjournment/extension requests must include original dates, previous requests, and adversary consent.
All requests for adjournments (i.e., rescheduling of hearings, conferences, etc.) or extensions of time must be made in writing and must state: (1) the original date(s) or deadline(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
Page 2 | I. Communications with Chambers
Written adjournment/extension requests must include original date, previous request history, and adversary position.
All requests for adjournments (i.e., rescheduling of hearings, conferences, etc.) or extensions of time must be made in writing and must state: (1) the original date(s) or deadline(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
Page 2 | I. Communications with Chambers
Adjournment and extension requests must be made at least 48 hours in advance and must include original dates, reason, previous request history, adversary position, and proposed schedule if affecting other dates.
Absent an emergency, any request for adjournments or extensions must be made at least 48 hours prior to the scheduled appearance or deadline. The letter motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous requests granted or denied; and (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed schedule shall be included in the letter.
Civil cases
Page 1 | I. Communications with Chambers
Adjournment/extension requests require 48-hour advance notice unless emergency
Absent an emergency, any request for adjournments or extensions must be made at least 48 hours prior to the scheduled appearance or deadline.
Civil cases
Adjournment/extension requests must be filed as ECF letter motions with specific required elements
All requests for adjournments or extensions of time shall be made in writing and filed on ECF as letter motions in accordance with Rule I(B) above. The letter motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous
Civil cases
Modifications/extensions require written application 5 days before deadline with good cause.
This ORDER may not be modified or the dates herein extended, except by further order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph I.B. of the Court’s Individual Practices and shall be made no less than five (5) days prior to the expiration of the date sought to be extended.
Civil cases
Applications to extend scheduling order dates require written application with good cause, submitted at least 5 days before the deadline expires.
Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph I.B. of the Court's Individual Practices and shall be made no less than five (5) days prior to the expiration of the date sought to be extended.
Civil cases
Extension requests made after deadline expiration are ordinarily denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Page 2 | I. Communications with Chambers
Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.
Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.
Civil cases
Page 9 | Bankruptcy Appeals
Extension requests made after deadline are ordinarily denied
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Civil cases
Chambers Communication Rules
All communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. No documents or court filings should be sent directly to chambers.
All communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. No documents or court filings should be sent directly to chambers.
Page 1 | I. Communications with Chambers
Pro se parties must send all communications to Pro Se Intake Unit, not directly to chambers.
All communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. No documents or court filings should be sent directly to chambers.
Page 2 | I. Communications with Chambers
Represented parties must email pretrial documents to court in PDF and Word formats.
At the time of filing, a represented party must e-mail these documents to the Court (Torres_NYSDChambers@nysd.uscourts.gov) in both PDF and Microsoft Word formats.
Page 4 | V. Trial Documents
Represented parties must email pretrial documents to chambers in PDF and Word formats.
At the time of filing, a represented party must e-mail these documents to the Court (Torres_NYSDChambers@nysd.uscourts.gov) in both PDF and Microsoft Word formats.
Page 4 | V. Trial Documents
Faxes to chambers require prior authorization.
Faxes to chambers are permitted only with prior authorization.
Civil cases
Page 1 | I. Communications with Chambers
Telephone calls to chambers are permitted only in emergencies requiring immediate attention.
Telephone calls to chambers are permitted only in emergencies requiring immediate attention.
Civil cases
Page 1 | I. Communications with Chambers
As soon as a party decides to seek a temporary restraining order, he or she shall call or email chambers and state whether: (1) he or she has notified the adversary and if the adversary consents to temporary injunctive relief or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary.
As soon as a party decides to seek a temporary restraining order, he or she shall call or email chambers and state whether: (1) he or she has notified the adversary and if the adversary consents to temporary injunctive relief or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary.
Civil cases
Page 9 | Motions
Parties seeking a TRO must immediately call or email chambers to report adversary notification status and consent, or Rule 65(b) applicability; if adversary notified but doesn't consent, must contact chambers to schedule a mutually agreeable hearing time.
As soon as a party decides to seek a temporary restraining order, he or she shall call or email chambers and state whether: (1) he or she has notified the adversary and if the adversary consents to temporary injunctive relief or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary. If a party's adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order shall call or email chambers in order to determine a time mutually agreeable to the Court, the party, and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.
Civil cases
Page 9 | Motions
Parties must notify chambers immediately when seeking TRO, stating whether adversary was notified and consented or Rule 65(b) applies.
As soon as a party decides to seek a temporary restraining order, he or she shall call or email chambers and state whether: (1) he or she has notified the adversary and if the adversary consents to temporary injunctive relief or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary.
Civil cases
If adversary notified but doesn't consent to TRO, parties must coordinate with chambers to schedule hearing for both sides to be heard.
If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order shall call or email chambers in order to determine a time mutually agreeable to the Court, the party, and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.
Civil cases
Parties must email a letter requesting permission to bring computers/printers into the courthouse at least 10 business days before trial/hearing.
Any party seeking to bring such equipment into the Courthouse shall email a letter to the Court at least ten business days in advance of the relevant trial or hearing requesting permission to use such equipment.
Civil cases
Mobile phones are allowed in the courtroom but must be turned off.
Mobile phones are permitted inside the Courtroom, but they shall be kept off at all times.
Civil cases
Page 12 | Mobile Phones and Personal Electronic Devices
Junior Lawyer Participation Incentives
Oral argument is not heard in pro se matters unless otherwise ordered.
Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.
Page 3 | IV. Motions
Multiple attorneys may argue for one party to create opportunities for relatively inexperienced lawyers.
Further, the Court is amenable to having multiple attorneys speak for one party if it creates an opportunity for a lawyer who is relatively inexperienced.
Civil cases
Page 7 | Motions
Court encourages multiple attorneys to argue if it provides opportunity for junior lawyers.
Further, the Court is amenable to having multiple attorneys speak for one party if it creates an opportunity for a lawyer who is relatively inexperienced.
Civil cases