Judge Andrew E. Krause
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon Filing
Exhibits
Filings >= 50 pages
- 1 copy • Promptly After Filing
- Upon Filing
Motion
- 1 copy • Promptly After Filing
- Upon Filing
Adjournments
- Adjournment/extension requests require 48-hour notice (absent emergency) and specific required elements.
- Non-emergency adjournment requests require 48-hour notice and 2 proposed dates.
- Adjournment/extension requests must be filed as letter motions after consulting all parties.
Request must include
Communication
Chambers
Letter via ECF
Intake Unit
Phone
Chambers
Page & Word Limits8 rules
Letters filed on ECF are limited to 5 pages (exclusive of exhibits).
- Letter
- Up to 5 pages
Excluded from page count
- •Exhibits
Court's wording
Letters. Except as otherwise provided below, communications with the Court must be by letter and filed on ECF, without e-mail or other copy to the Court. Letters may not exceed five pages, exclusive of exhibits, which should be kept to a minimum.
reply briefs may not exceed 3,500 words
- Attorneys
- Reply
- Up to 3,500 words
Pro se handwritten/typewriter briefs limited to 25 pages; reply briefs also limited (page count continues on next page).
- Self-represented parties
- Brief (handwritten)
- Up to 25 pages
- Brief (typewritten)
- Up to 25 pages
Court's wording
If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed
Attorney or computer-prepared briefs limited to 8,750 words; reply briefs to 3,500 words.
- Attorneys
- Brief for attorneys
- Up to 8,750 words
Court's wording
Unless prior permission has been granted, briefs, filed by an attorney or prepared with a computer, in support of and in response to a motion (except for motions for reconsideration), may not exceed 8,750 words, and reply briefs may not exceed 3,500 words.
Letters may not exceed five pages, exclusive of exhibits, which should be kept to a minimum.
- Letter
- Up to 5 pages
Word limits: 8,750 for attorney/computer briefs, 25 pages for pro se/handwritten briefs.
- Brief (computer-generated) for attorneys
- Up to 8,750 words
- Reply (computer-generated) for attorneys
- Up to 3,500 words
- Brief (handwritten)
- Up to 25 pages
- Brief (typewritten)
- Up to 25 pages
- Opposition
Court's wording
Unless prior permission has been granted, briefs, filed by an attorney or prepared with a computer, in support of and in response to a motion (except for motions for reconsideration), may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed
pretrial memoranda are limited to 25 pages.
- Pretrial memorandum
- Up to 25 pages
pretrial memoranda are limited to 25 pages
- Page limit
- Up to 25 pages
- Pretrial order
Document Filing Requirements21 rules
All motions and applications must be governed by the Court’s Individual Practices.
Counsel must provide pro se litigants with printed copies of unpublished or computer-database-only authorities.
Court's wording
As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of cases and other authorities cited in any submission that are unpublished or reported exclusively on computerized databases.
Where a party moves for summary judgment against a pro se litigant, the party must also comply with the notice requirements of Local Civil Rule 56.2.
- Document
- Motion
Must include
- •Notice
Attorney or computer-prepared briefs must include a certificate stating the word count.
- Document
- Brief
Must include
- •Word count
Court's wording
If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word count limitations. 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.
Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, the party must comply with the notice requirements of Local Civil Rule 12.1.
- Document
- Motion
Must include
- •Notice
Non-jury cases require proposed findings of fact and conclusions of law, with Word copies emailed to chambers.
Court's wording
In non-jury cases, parties must file proposed findings of fact and conclusions of law. In addition to filing this submission on ECF, the parties must send copies in Microsoft Word format to the Court via e- mail to KrauseNYSDChambers@nysd.uscourts.gov.
Jury cases require three joint filings (requests to charge, voir dire questions, verdict form) with specific content requirements including citations and case summary.
Court's wording
In jury cases, parties must jointly prepare and file three separate documents: (a) proposed requests to charge; (b) proposed voir dire questions to be asked of prospective jurors; and (c) a proposed verdict form. To the extent a party objects to another party's requests to charge, voir dire questions, or verdict form, the joint submission must include the objecting party's ground(s) for objection and proposed alternative (all in the same document so that the Court can compare the parties' respective proposals). All requests to charge, objections, and alternatives must include citations to controlling authority. The proposed voir dire questions must include a short summary of the case—no more than two or three sentences—to be read to prospective jurors during the jury selection process.
As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of cases and other authorities cited in any submission that are unpublished or reported exclusively on computerized databases.
Dismissal or judgment on pleadings against pro se requires compliance with Local Civil Rule 12.1 notice requirements.
Court's wording
Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, the party must comply with the notice requirements of Local Civil Rule 12.1.
Where a party moves for summary judgment against a pro se litigant, the party must also comply with the notice requirements of Local Civil Rule 56.2.
Electronic .zip files must be sent by 12:00 p.m. ET the business day before deposition.
Court's wording
Counsel noticing the deposition may choose to send a compressed .zip file of the documents that may be used during the deposition via electronic mail to the deponent, the deponent's counsel, the other Party's counsel, and the court reporter. The .zip file shall be delivered by 12:00 p.m. ET the business day before the deposition.
Counsel for the deponent, the other Party's counsel, and the court reporter shall confirm receipt of the package by electronic mail to counsel noticing the deposition.
Deponents must return all documents within two business days after deposition and not retain them.
Court's wording
All deponents receiving documents before or during a deposition, pursuant to Paragraph 17 above, shall return the documents to the counsel who sent them originally, within two business days following the completion of the deposition, and shall not retain them in any manner.
Physical document packages must remain sealed until deposition begins and only opened on record.
Court's wording
If physical copies are sent, every recipient of a physical package shall keep the package sealed until the deposition begins and shall only unseal the package on the record, on video, and during the deposition when directed to do so by the counsel taking the deposition.
counsel noticing the deposition shall supply any necessary technology that the deponent does not have.
Counsel noticing the deposition may choose to send physical copies of documents that may be used during the deposition to the deponent, the deponent's counsel, the other Party's counsel, and the court reporter. In that event, noticing counsel shall so inform the deponent's counsel, the other Party's counsel, and the court reporter prior to sending the documents and shall provide tracking information for the package. Such documents shall be delivered by 12:00 p.m. ET the business day before the deposition.
Must include
- •Physical documents
The Party noticing any non-party deposition shall provide this Stipulation and Order to counsel for any non-party under Rule 45 a reasonable time before the date of the deposition.
The .zip file shall be password protected, and counsel taking the deposition shall supply the password via electronic mail immediately prior to the commencement of the deposition.
If sending documents by electronic mail, counsel will be mindful of file size limitations, which presumptively should be less than 50 MB.
Counsel noticing the deposition shall include a pre-paid return shipping label in any physical package of documents sent to a deponent.
Must include
- •Pre-paid return label
Every recipient of a .zip file shall not open the .zip file until the deposition begins and when directed to do so by the counsel taking the deposition.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for all formal non-discovery motion papers, submitted promptly after filing with ECF header and tabs for exhibits.
Paper courtesy copies of all formal (non-discovery) motion papers, marked as such, must be submitted to Chambers promptly after filing. For those parties permitted to file documents on ECF, courtesy copies must bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.
Page 4 | Courtesy Copies
Courtesy copies required for discovery motions that are 50 pages or longer.
For discovery-related motions, the filing party must promptly provide a paper courtesy copy to Chambers of any filing, including exhibits, that is 50 pages long or longer.
Page 4 | Courtesy Copies
Parties must provide tabbed binders with courtesy copies of trial exhibits and deposition designations to all parties and the Court.
Each party also must provide each other party and the Court with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations (exhibits need not be filed electronically on ECF).
Page 8 | Filings Prior to Trial
Each party must provide tabbed binders with courtesy copies of trial exhibits and deposition designations.
Each party also must provide each other party and the Court with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations (exhibits need not be filed electronically on ECF).
Courtesy copies required for non-discovery motions, must include ECF header and tabs.
Paper courtesy copies of all formal (non-discovery) motion papers, marked as such, must be submitted to Chambers promptly after filing. For those parties permitted to file documents on ECF, courtesy copies must bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.
Courtesy copies required for discovery motions 50+ pages.
For discovery-related motions, the filing party must promptly provide a paper courtesy copy to Chambers of any filing, including exhibits, that is 50 pages long or longer.
Unredacted courtesy copies must be sent to Chambers when filing sealed documents.
Unredacted courtesy copies of all documents to be filed under seal must be sent to Chambers at the time the motion is filed.
Unredacted courtesy copies of sealed documents must be sent to Chambers at the time of filing.
Unredacted courtesy copies of all documents to be filed under seal must be sent to Chambers at the time the motion is filed.
Sealing & Redaction Procedures
For redactions, file public version with redactions and sealed unredacted version.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party must: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.
Motions for sealed/redacted filings must be submitted through ECF per standing order 19-mc-583.
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 ECF system in conformity with the Court's standing order, 19-mc-583, and Section 6 of the ECF Rules & Instructions.
Sealed/redacted filings require electronic filing through ECF with motion.
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 ECF system in conformity with the Court’s standing order, 19-mc-583, and Section 6 of the ECF Rules & Instructions.
Motions to seal must be filed publicly with reasons, excluding confidential info.
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.
Sensitive information must be redacted from public filings per FRCP 5.2 without prior court permission.
Rule 5.2 of the Federal Rules of Civil Procedure describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
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.
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.
Proposed sealed documents must be filed under seal and related to the motion.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Sensitive/confidential letters must follow sealing procedures in Section 5.
Any letter containing sensitive or confidential information that a party does not wish to appear on the docket must follow the procedures outlined in Section 5, below.
Parties unable to file electronically must seek 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.
Filing Bundling Requirements
Motion papers must be filed promptly after service.
Motion papers must be filed promptly after service unless the Court orders otherwise.
Pre-Motion Conference Requirements
Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties' respective proposals for summary judgment briefing schedules.
Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties' respective proposals for summary judgment briefing schedules.
Civil cases
Page 2 | Motions
Joint letter required within 14 days of discovery close for summary judgment motions.
Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties’ respective proposals for summary judgment briefing schedules.
Civil cases
Discovery motions require a pre-motion conference per Local Rule 37.2.
For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion.
Page 3 | Raising Discovery Disputes
Discovery motions require pre-motion conference with Court.
For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion.
Pre-motion conferences are optional for non-discovery motions; may be requested by letter motion.
For motions other than discovery motions, a pre- motion conference is not required. A party may request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or limit the scope of issues in dispute.
Page 3 | Pre-Motion Conferences
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their motion papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.
Pre-motion conference not required for non-discovery motions but may be requested by letter.
For motions other than discovery motions, a pre- motion conference is not required. A party may request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or limit the scope of issues in dispute.
Opposition and reply papers for non-discovery motions due per Local Civil Rule 6.1.
Unless the Court has ordered otherwise, opposition and reply papers for formal (non-discovery) motions are due in accordance with Local Civil Rule 6.1.
Adjournment & Extension Requirements
Adjournment/extension requests require 48-hour notice (absent emergency) and specific required elements.
Any request for an adjournment of a court proceeding or for an extension of time for a deadline must be made in writing and filed on ECF as a letter motion, after consultation with all affected parties. The letter motion must state: (1) the original date of the proceeding or deadline; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the present request; (5) whether all affected parties consent, and if not, the reasons given by the party or parties for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. Absent an emergency, a request for adjournment of a court proceeding must be made at least 48 hours in advance of the proceeding to be adjourned, and must include at least two proposed dates on which all counsel are available for the adjourned proceeding.
Page 2 | 1. Communications with Chambers - E. Requests for Adjournments or Extensions of Time
Adjournment/extension requests must be filed as letter motions after consulting all parties.
Any request for an adjournment of a court proceeding or for an extension of time for a deadline must be made in writing and filed on ECF as a letter motion, after consultation with all affected parties.
Non-emergency adjournment requests require 48-hour notice and 2 proposed dates.
Absent an emergency, a request for adjournment of a court proceeding must be made at least 48 hours in advance of the proceeding to be adjourned, and must include at least two proposed dates on which all counsel are available for the adjourned proceeding.
Chambers Communication Rules
Prohibits private conferences with deponents during remote depositions except for privilege assertions.
Consistent with Local Civil Rule 30.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, no counsel shall initiate a private conference, including through text message, electronic mail, or the chat feature in the videoconferencing system, with any deponent while a question is pending, except for the purpose of determining whether a privilege should be asserted.
Civil cases
Page 2 | Local Civil Rule 30.4
Fax communications to Chambers are prohibited.
Faxes to Chambers are not permitted.
Page 2 | 1. Communications with Chambers - C. Faxes
Emails to Chambers require prior approval and must CC all parties if approved.
E-mails to Chambers are not permitted without prior approval. If approval is granted, any e-mailed submissions must be simultaneously sent to other counsel and/or pro se parties. The Court's e-mail address is KrauseNYSDChambers@nysd.uscourts.gov.
Page 2 | 1. Communications with Chambers - D. E-mails
Pro se parties must submit non-electronic communications to Pro Se Intake Unit, not Chambers.
All letters, motions, memoranda, and other communications to the Court from pro se parties that are not filed electronically must be submitted to the Pro Se Intake Unit, not directly to Chambers.
Page 2 | 1. Communications with Chambers - F. Pro Se Parties
Jury trial submissions must be emailed in Microsoft Word format to chambers.
In addition to filing these three joint submissions on ECF, the parties must send copies in Microsoft Word format to the Court via e- mail to KrauseNYSDChambers@nysd.uscourts.gov.
Page 7 | Filings Prior to Trial
Faxes to chambers are prohibited.
Faxes to Chambers are not permitted.
Pro se parties must submit non-ECF communications to Pro Se Intake Unit, not chambers.
All letters, motions, memoranda, and other communications to the Court from pro se parties that are not filed electronically must be submitted to the Pro Se Intake Unit, not directly to Chambers.
Emails to chambers require prior approval and must be copied to all parties.
E-mails to Chambers are not permitted without prior approval. If approval is granted, any e-mailed submissions must be simultaneously sent to other counsel and/or pro se parties.
The deponent, court reporter, and counsel for the Parties will each participate in the videoconference deposition remotely and separately. Each person attending a deposition shall be visible to all other participants, their statements shall be audible to all participants, and they should each strive to ensure their environment is free from noise and distractions.
The deponent, court reporter, and counsel for the Parties will each participate in the videoconference deposition remotely and separately. Each person attending a deposition shall be visible to all other participants, their statements shall be audible to all participants, and they should each strive to ensure their environment is free from noise and distractions.
Civil cases
Page 2 | Participant Requirements
Breakout rooms allowed during remote deposition breaks, but conversations not recorded.
During breaks in the deposition, the Parties may use the breakout room feature provided by [SERVICE PROVIDER], which simulates a live breakout room through videoconference. Conversations in the breakout rooms shall not be recorded.
Civil cases
Page 2 | Breakout Rooms
Disability accommodation requests may be emailed to Chambers.
Requests for reasonable accommodations on account of disability with respect to these rules may be sent by e-mail to KrauseNYSDChambers@nysd.uscourts.gov.
Page 1 | 1. Communications with Chambers - Footnote 1
Courtroom Deputy may be contacted 9am-5pm for docketing, scheduling, and calendaring.
For docketing, scheduling, and calendaring matters, parties may contact the Courtroom Deputy, Salihah Brown between 9:00 a.m. and 5:00 p.m.
Page 2 | 1. Communications with Chambers - B. Telephone
Junior Lawyer Participation Incentives
Junior attorneys are invited to argue discovery motions; multiple attorneys may argue to accommodate junior lawyer participation.
Junior attorneys are invited to argue discovery-related motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.
Page 3 | Raising Discovery Disputes
Junior attorneys encouraged to argue discovery motions; multiple attorneys may argue.
Junior attorneys are invited to argue discovery-related motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.