Judge Andrew L Carter Jr
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Certificate
Certificate of Default
- 1 copy • Upon Filing
Courtesy copies
- 1 copy
- 2 copies • Hand Delivery
Indictment, Criminal Complaint
- 1 copy • As Soon as Practicable
Adjournments
- Adjournment and extension requests must be submitted at least two business days before the scheduled appearance.
- Counsel may extend these dates by stipulation submitted to the Court no later than 2 business days before the brief is due.
- Adjournment/extension requests must be made by ECF letter at least 2 business days before appearance.
- Adjournment requests must include original date, previous request history, and adversary consent status.
- Adjournment/extension applications must include specified history and adversary-position details, with noncompliance denied absent good cause.
Request must include
Communication
Chambers
Clerk
Page & Word Limits2 rules
A memorandum of law, in support of or in opposition to any motion, is limited to 25 pages and reply briefs should be no longer than 10 pages.
- Brief
- Up to 25 pages
- Reply brief
- Up to 10 pages
- Reply
Motion memoranda limited to 25 pages, replies to 10 pages, 12pt font, 1" margins
- Format
- 12-point; 1-inch margins
- Motion
- Brief
- Opposition
- Reply
Court's wording
A memorandum of law, in support of or in opposition to any motion, is limited to 25 pages and reply briefs should be no longer than 10 pages. All memoranda of law should be in 12-point font or larger, with 1" margins on all sides.
Document Format Requirements5 rules
ECF-filed courtesy copies submitted to Chambers must bear specific required markings.
Court's wording
Any courtesy copy submitted to Chambers that was originally filed on ECF must be clearly marked “Courtesy Copy,” “Original Filed by ECF,” and “Assigned Document Number [print or type assigned document number].”
ECF-filed courtesy copies must be marked with specific labels and document number.
- Chambers copy
Formatting
- •Mark as 'Courtesy Copy'
- •Mark as 'Original Filed by ECF'
- •Include assigned document number
Court's wording
Any courtesy copy submitted to Chambers that was originally filed on ECF must be clearly marked “Courtesy Copy,” “Original Filed by ECF,” and “Assigned Document Number [print or type assigned document number].”
All memoranda of law should be in 12-point font or larger, with 1" margins on all sides.
- Font size
- At least 12 points
- Margins
- 1 inch
- Brief
Formatting
- •Font size may be larger than 12-point
Generally, letters should be filed electronically on ECF and courtesy copies should be emailed to Chambers at ALCarterNYSDChambers@nysd.uscourts.gov as a .pdf attachment, with all counsel copied on the email.
- File type
- Chambers copy
the proposed voir dire questions, requests to charge and verdict form should be emailed as single MS Word documents
- File type
- Word
- Proposed voir dire questions
- Requests to charge
- Verdict form
Formatting
- •Single MS Word documents
Document Filing Requirements92 rules
All letters must provide the name of the case and its docket number, and must state the name of the party that counsel represents.
- Document
- Letter
Must include
- •Case number
In related cases, future papers and correspondence must list both the new case docket number and related-case docket number.
- Document
- Court paper
Must include
- •Case number
Court's wording
After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related.
The 56.1 Statement must contain only one factual assertion in each numbered paragraph.
Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.
In cases involving pro se litigants, the party represented by counsel is responsible for filing the entire motion on ECF.
If multiple parties are submitting 56.1 Statements, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.
If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.
The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon.
A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements should include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.
A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.
A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.
In nonjury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense
A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness.
The full caption of the action.
- Placement
- Caption
Any stipulations or agreed statements of fact or law.
A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. The parties should also identify all claims and defenses previously asserted that are not to be tried.
In jury cases, proposed voir dire questions, requests to charge and verdict form. The plaintiff's proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case
Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial
In all cases, motions addressing any evidentiary or other issues that should be resolved in limine
A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).
Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction
The names, addresses (including firm names), email addresses, and telephone and fax numbers of trial counsel.
Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order,
Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order
A list by each party of exhibits to be offered in its case in chief, with an indication of whether any party objects to the exhibit and a brief statement of the nature of the objection (e.g., “relevance,” “authenticity,” “hearsay”).
Opposition to any legal argument made in a pretrial memorandum
The plaintiff’s proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case. If the parties cannot agree on such a paragraph after good-faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective voir dire submissions.
Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense.
Opposition to any motion in limine.
In nonjury cases, proposed findings of fact and conclusions of law.
A statement as to whether the parties consent to a less than unanimous verdict.
Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial:
Objections to the other party’s proposed voir dire questions or requests to charge.
damages sought with respect to each claim, including the manner and method used to calculate the claimed damages.
At the time the joint pretrial order is filed, each party should serve, but not file, the following
Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction.
Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above (pro se litigants may file via regular mail):
Objections to the other party's proposed voir dire questions or requests to charge
In jury cases, proposed voir dire questions, requests to charge and verdict form.
Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above
Opposition to any motion in limine
In all cases, motions addressing any evidentiary or other issues that should be resolved in limine; and
Opposition to any legal argument made in a pretrial memorandum.
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.
Attorneys need prior Court Order authorization to bring non-personal electronic equipment into the courthouse.
Court's wording
In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order.
The Order must be shown upon bringing the equipment into the Courthouse.
Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.
To file for a certificate of default, parties must submit to the Clerk of the Court a “request for entry of default” and a proposed “clerk’s certificate.”
This signed certificate is to be attached to the default judgment when the default judgment is electronically filed.
A certificate of service complying with Local Civil Rule 55.2(c). Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.
- Document
- Motion for default judgment
Must include
- •Certificate of service
The calculations made in arriving at the proposed judgment amount.
A default judgment submission must include definitive information and documentation sufficient to calculate the proposed judgment amount.
Court's wording
Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. (If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined by an inquest);
A request for an amount equal to or less than the principal amount demanded in the complaint;
An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;
A party should group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
- Document
- Sentencing memorandum
Should include
- •Caption
- •Case number
The application should clearly identify the redaction
A party should group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.
- Document
- Sentencing memorandum
Should include
- •Caption
- •Case number
Personal injury cases require medical authorizations to defendant before initial pretrial conference
- Document
- Pretrial conference
Include
- •Medical authorizations
Court's wording
In any case involving allegations of personal injury – whether physical, psychological, emotional or otherwise – the plaintiff is to provide to the defendant, prior to the initial pretrial conference, all necessary medical authorizations.
The attorney who will serve as principal trial counsel must appear at all conferences with the Court.
Must include
- •Principal trial counsel
Except in pro se cases, the moving party should provide all other parties with an electronic copy of the moving party's Statement of Material Facts Pursuant to Local Civil Rule 56.1. The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.
- Document
- Summary judgment motion
Must include
- •Statement of facts
56.1 Response must admit/dispute facts with citations and may add numbered paragraphs
- Document
- Summary judgment opposition
Must include
- •56.1 Statement
Court's wording
opposing party’s response directly beneath it. The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon. The response may go on to make additional factual allegations in paragraphs numbered consecutively to those of the moving party (i.e., do not begin re-numbering at 1). If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.
Counsel should include the case caption, docket number, and a brief description in the subject line of every email sent to Chambers.
Should include
- •Case number
The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically.
Should include
- •Case number
Filing & Service rules
Courtesy Copy Requirements
Generally, letters should be filed electronically on ECF and courtesy copies should be emailed to Chambers at ALCarterNYSDChambers@nysd.uscourts.gov as a .pdf attachment, with all counsel copied on the email.
Generally, letters should be filed electronically on ECF and courtesy copies should be emailed to Chambers at ALCarterNYSDChambers@nysd.uscourts.gov as a .pdf attachment, with all counsel copied on the email.
Page 1 | Communications with Chambers
Courtesy copies of letters filed under seal or containing sensitive or confidential information should also be emailed to Chambers in the format listed above.
Courtesy copies of letters filed under seal or containing sensitive or confidential information should also be emailed to Chambers in the format listed above.
Page 1 | Communications with Chambers
Counsel should deliver one courtesy copy of the respective motion papers to Chambers after service.
Counsel should deliver one courtesy copy of the respective motion papers to Chambers after service.
Page 3 | C. Filing of Motion Papers
Certificate of default requires ECF filing plus courtesy copy to Orders and Judgments Clerk
To file for a certificate of default, parties must submit to the Clerk of the Court a “request for entry of default” and a proposed “clerk’s certificate.” Parties must submit this electronically through the ECF system but must also send a courtesy copy of the certificate only, by hand or mail (along with a self addressed stamped envelope) to the Orders and Judgments Clerk for signature and seal. This signed certificate is to be attached to the default judgment when the default judgment is electronically filed.
Page 10 | Certificate of Default
In addition to ECF filing, parties must send a courtesy copy of the certificate (certificate only) to the Orders and Judgments Clerk by hand or mail with a self-addressed stamped envelope.
Parties must submit this electronically through the ECF system but must also send a courtesy copy of the certificate only, by hand or mail (along with a self addressed stamped envelope) to the Orders and Judgments Clerk for signature and seal.
Page 10 | PROCEDURES FOR DEFAULT JUDGMENTS
Plaintiffs must submit one courtesy copy to Chambers.
The plaintiff(s) must submit one courtesy copy to Chambers.
Page 11 | Motions
Plaintiff must submit one courtesy copy to Chambers.
The plaintiff(s) must submit one courtesy copy to Chambers.
Page 11 | Default Judgment Requirements
The parties should provide the Court with one courtesy copy of each submission when it is served.
The parties should provide the Court with one courtesy copy of each submission when it is served.
Page 12 | PROCEDURE FOR SENTENCINGS
One courtesy copy of the joint pretrial order and all documents filed with the pretrial order should be submitted to chambers on the date of filing.
One courtesy copy of the joint pretrial order and all documents filed with the pretrial order should be submitted to chambers on the date of filing.
Two courtesy copies should be hand delivered to chambers on that date as well.
Two courtesy copies should be hand delivered to chambers on that date as well.
Counsel should deliver one courtesy copy of the respective motion papers to Chambers after service.
Counsel should deliver one courtesy copy of the respective motion papers to Chambers after service.
The Assistant United States Attorney should deliver a courtesy copy of the indictment and the criminal complaint, if one exists, to Chambers as soon as practicable.
The Assistant United States Attorney should deliver a courtesy copy of the indictment and the criminal complaint, if one exists, to Chambers as soon as practicable.
Page 4 | 3. Conferences - C. Criminal Cases
Two courtesy copies should be hand delivered to chambers on that date as well.
Two courtesy copies should be hand delivered to chambers on that date as well.
Page 7 | Pretrial Procedures
One courtesy copy of the joint pretrial order and all documents filed with the pretrial order should be submitted to chambers on the date of filing.
One courtesy copy of the joint pretrial order and all documents filed with the pretrial order should be submitted to chambers on the date of filing.
Page 7 | Pretrial Procedures
Each party should provide one courtesy copy of each sentencing submission when served.
The parties should provide the Court with one courtesy copy of each submission when it is served.
Page 12 | PROCEDURE FOR SENTENCINGS
Sealing & Redaction Procedures
The proposed sealed document must be filed under seal at the same time as the motion and linked to that motion in ECF.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Page 8 | Other Pretrial Matters - Electronic Filing Under Seal in Civil and Miscellaneous Cases
A party that cannot file under seal electronically, or believes a document should not be e-filed, 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.
Page 8 | Other Pretrial Matters - Electronic Filing Under Seal in Civil and Miscellaneous Cases
Motions for sealing/redaction and related subject documents must be electronically filed in ECF under the referenced standing order and ECF instructions.
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 system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, Section 6.
Page 8 | Other Pretrial Matters - Electronic Filing Under Seal in Civil and Miscellaneous Cases
Court leave is required before any document may be filed under seal.
Parties must obtain leave of this Court before filing any document under seal.
Page 8 | Other Pretrial Matters - Requests for Sealing
If sealing leave is granted, parties must file redacted copies with the Clerk.
If leave is granted, parties must file redacted copies with the Clerk of the Court.
Page 8 | Other Pretrial Matters - Requests for Sealing
For redaction requests, the filer must publicly file a redacted version and file an unredacted highlighted version under seal in ECF.
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 proposed redactions highlighted.
Page 8 | Other Pretrial Matters - Electronic Filing Under Seal in Civil and Miscellaneous Cases
Supporting papers must be filed separately in ECF and may be sealed or redacted only as necessary to protect the sensitive information.
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.
Page 8 | Other Pretrial Matters - Electronic Filing Under Seal in Civil and Miscellaneous Cases
Sensitive information covered by Rule 5.2 must be redacted from public filings without prior court permission.
Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
Page 8 | Other Pretrial Matters - Electronic Filing Under Seal in Civil and Miscellaneous Cases
Redactions beyond the listed eleven categories require an application served and filed with the sentencing submission.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served.
Page 12 | PROCEDURE FOR SENTENCINGS
When redactions are made, only the pages containing redacted material are filed under seal.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal.
Page 12 | PROCEDURE FOR SENTENCINGS
Obtain court leave before filing any document under seal; file redacted copies if granted.
Parties must obtain leave of this Court before filing any document under seal. Any sealing request should include a party’s proposed redactions. If leave is granted, parties must file redacted copies with the Clerk of the Court.
Parties may redact specified sensitive and cautionary categories without applying to the Court.
Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying numbers; medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court.
Page 12 | PROCEDURE FOR SENTENCINGS
Proposed protective orders should include a provision reflecting this requirement.
Proposed protective orders should include a provision reflecting this requirement.
Filing Bundling Requirements
One week before the start of the trial, each party should file, with an accompanying table of contents or index, all documents referenced in Section 4.D. of these Rules.
One week before the start of the trial, each party should file, with an accompanying table of contents or index, all documents referenced in Section 4.D. of these Rules.
Page 7 | Pretrial Procedures
A party should group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.
A party should group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.
Page 12 | PROCEDURE FOR SENTENCINGS
A party should group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
A party should group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
Page 12 | PROCEDURE FOR SENTENCINGS
Pre-Motion Conference Requirements
Pre-motion conference required for all motions except specific enumerated exceptions.
A pre-motion conference with the Court is required before making any motion, except: • orders to show cause; • motions for admission pro hac vice; • motions to remand; • motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); • motions for reduction of sentence; • in forma pauperis motions; • applications for attorney’s fees; • motions to be relieved as counsel; • motions for a new trial or amendment of judgments; • motions for default judgment;
Page 2 | Motions
Discovery motions require an informal conference request before filing.
For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion.
Page 2 | Motions
Discovery-motion practice requires strict compliance with the Rule 37(a)(1) meet-and-confer requirement.
Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required.
Page 2 | Motions
For reargument or reconsideration motions, opposition is due in 14 days and reply is due in 7 days.
motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days));
Page 2 | Motions
Discovery motions require informal conference and strict meet-and-confer compliance.
For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required.
Page 2 | Motions
A pre-motion conference is required for motions generally, with specific listed motion-type exceptions.
A pre-motion conference with the Court is required before making any motion, except: • orders to show cause; • motions for admission pro hac vice; • motions to remand; • motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); • motions for reduction of sentence; • in forma pauperis motions; • applications for attorney’s fees; • motions to be relieved as counsel; • motions for a new trial or amendment of judgments; • motions for default judgment;
Page 2 | Motions
To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion.
To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion.
Page 3 | Motions
The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party’s letter.
The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party’s letter.
Page 3 | Motions
Counsel must meet for at least one hour to discuss settlement 14 days before filing joint pretrial order
At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith
Page 5 | Pretrial Procedures
Counsel must hold at least a one-hour good-faith settlement meeting at least 14 days before filing the joint pretrial order.
At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith.
Page 6 | A. Joint Pretrial Orders in Civil Cases
Pre-motion letter required (max 3 pages) with 3 business day response deadline
To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion. The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party's letter.
Requesting a pre-motion conference for a proposed motion to dismiss stays the requesting party’s deadline to move or answer.
If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer.
Page 3 | Motions
Leave to amend unlikely if non-moving party doesn't amend and motion to dismiss is granted
If the non-moving party elects not to amend its complaint and the motion to dismiss is granted, it is unlikely that the Court will grant the non-moving party leave to amend.
Special rules for pre-motion conferences on motions to dismiss regarding amended pleadings
During a pre-motion conference to discuss a motion to dismiss, the non-moving party must advise the Court and its adversary whether it intends to file an amended pleading based on the pre-motion conference letter, and if so, when it will do so. If the party amends, the opposing party may then: (a) file an answer or (b) submit a letter stating that it still intends to file a motion to dismiss. No further requests for a pre-motion conference are necessary.
Sur-replies require prior permission from the Court
Sur-reply memoranda will not be accepted without prior permission of the Court.
Counsel are encouraged to request a settlement conference before the assigned magistrate judge.
Counsel are encouraged to request a settlement conference before the assigned magistrate judge.
Page 6 | A. Joint Pretrial Orders in Civil Cases
Parties may request oral argument; Court will advise if granted and schedule date
The parties may request oral argument; the Court will advise counsel if argument will be heard and, if so, of the argument date.
Adjournment & Extension Requirements
Adjournment/extension applications must include specified history and adversary-position details, with noncompliance denied absent good cause.
All such applications must state (1) the original date, (2) the number of previous requests, (3) whether those 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. Failure to comply with these requirements will result in a denial of the request, absent good cause shown.
Page 1 | Communications with Chambers
Adjournment/extension requests must be made by ECF letter at least 2 business days before appearance.
Applications for adjournments and extensions of time must be made by letter posted to ECF (not by telephone) and received in Chambers by email (or regular mail for pro se litigants) at least two business days before the scheduled appearance. See Rule 1A.
Page 1 | Communications with Chambers
Adjournment and extension requests must be submitted at least two business days before the scheduled appearance.
Applications for adjournments and extensions of time must be made by letter posted to ECF (not by telephone) and received in Chambers by email (or regular mail for pro se litigants) at least two business days before the scheduled appearance.
Page 1 | Communications with Chambers
Adjournment requests must include original date, previous request history, and adversary consent status.
All such applications must state (1) the original date, (2) the number of previous requests, (3) whether those 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 1 | Communications with Chambers
Counsel may extend these dates by stipulation submitted to the Court no later than 2 business days before the brief is due.
Counsel may extend these dates by stipulation submitted to the Court no later than 2 business days before the brief is due.
Page 7 | Other Pretrial Matters - Bankruptcy Appeals
Chambers Communication Rules
Letters should be filed on ECF with courtesy copies emailed to Chambers as PDF with specific subject line format.
Generally, letters should be filed electronically on ECF and courtesy copies should be emailed to Chambers at ALCarterNYSDChambers@nysd.uscourts.gov as a .pdf attachment, with all counsel copied on the email. Counsel should include the case caption, docket number, and a brief description in the subject line of every email sent to Chambers. Example: Jane v. John; 12 Civ. 0000; Defendant’s request for a Pre-Motion Conference.
Page 1 | Communications with Chambers
Upon assignment of a criminal case to Judge Carter, the parties should immediately email Chambers at ALCarterNYSDChambers@nysd.uscourts.gov to arrange for a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule.
Upon assignment of a criminal case to Judge Carter, the parties should immediately email Chambers at ALCarterNYSDChambers@nysd.uscourts.gov to arrange for a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule.
Page 4 | 3. Conferences - C. Criminal Cases
In addition to being filed on ECF, the proposed voir dire questions, requests to charge and verdict form should be emailed as single MS Word documents to ALCarterNYSDChambers@nysd.uscourts.gov
In addition to being filed on ECF, the proposed voir dire questions, requests to charge and verdict form should be emailed as single MS Word documents to ALCarterNYSDChambers@nysd.uscourts.gov
Page 5 | Pretrial Procedures
In addition to being filed on ECF, the proposed voir dire questions, requests to charge and verdict form should be emailed as single MS Word documents to ALCarterNYSDChambers@nysd.uscourts.gov.
In addition to being filed on ECF, the proposed voir dire questions, requests to charge and verdict form should be emailed as single MS Word documents to ALCarterNYSDChambers@nysd.uscourts.gov.
Page 6 | B. Filings Prior to Trial in Civil Cases
In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse should send a letter to Chambers at least 10 business days in advance of the relevant trial or hearing requesting permission to use such equipment. The request letter should identify the type(s) of equipment to be used and the name(s) of the attorney(s) who will be using the equipment. Chambers will coordinate with the District Executive’s Office to issue the Order and forward a copy to counsel. The Order must be shown upon bringing the equipment into the Courthouse.
In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse should send a letter to Chambers at least 10 business days in advance of the relevant trial or hearing requesting permission to use such equipment. The request letter should identify the type(s) of equipment to be used and the name(s) of the attorney(s) who will be using the equipment. Chambers will coordinate with the District Executive’s Office to issue the Order and forward a copy to counsel. The Order must be shown upon bringing the equipment into the Courthouse.
Page 9 | Computers, Printers, or Other Electronic Equipment
Upon assignment of a criminal case to Judge Carter, the parties should immediately email Chambers at ALCarterNYSDChambers@nysd.uscourts.gov to arrange for a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule. The Assistant United States Attorney should deliver a courtesy copy of the indictment and the criminal complaint, if one exists, to Chambers as soon as practicable.
Upon assignment of a criminal case to Judge Carter, the parties should immediately email Chambers at ALCarterNYSDChambers@nysd.uscourts.gov to arrange for a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule. The Assistant United States Attorney should deliver a courtesy copy of the indictment and the criminal complaint, if one exists, to Chambers as soon as practicable.
Except as otherwise provided below, communications with Chambers should be by letter, with copies simultaneously delivered to all counsel.
Except as otherwise provided below, communications with Chambers should be by letter, with copies simultaneously delivered to all counsel.
Page 1 | Communications with Chambers
The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court at ALCarterNYSDChambers@nysd.uscourts.gov requesting a link to be used for such transfer. The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically.
The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court at ALCarterNYSDChambers@nysd.uscourts.gov requesting a link to be used for such transfer. The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically.
Page 2 | Communications with Chambers
Notwithstanding the foregoing, parties should not file on ECF a Consent to Proceed Before United States Magistrate Judge; the parties should e-mail it to the Orders and Judgments Clerk at judgments@nysd.uscourts.gov.
Notwithstanding the foregoing, parties should not file on ECF a Consent to Proceed Before United States Magistrate Judge; the parties should e-mail it to the Orders and Judgments Clerk at judgments@nysd.uscourts.gov.
Page 2 | Communications with Chambers
If a party needs to submit large files by email (as opposed to ECF), the party should email the Court at ALCarterNYSDChambers@nysd.uscourts.gov requesting a link to be used for such transfer.
If a party needs to submit large files by email (as opposed to ECF), the party should email the Court at ALCarterNYSDChambers@nysd.uscourts.gov requesting a link to be used for such transfer.
Page 2 | Communications with Chambers
Any party seeking to bring such equipment into the Courthouse should send a letter to Chambers at least 10 business days in advance of the relevant trial or hearing requesting permission to use such equipment.
Any party seeking to bring such equipment into the Courthouse should send a letter to Chambers at least 10 business days in advance of the relevant trial or hearing requesting permission to use such equipment.
Page 9 | Computers, Printers, or Other Electronic Equipment
Routine docketing, scheduling, and calendar matters should be handled by email to Chambers.
For routine docketing, scheduling, and calendar matters, please email Chambers at ALCarterNYSDChambers@nysd.uscourts.gov.
Page 1 | Communications with Chambers
Discovery disputes should be directed to the assigned Magistrate Judge.
To raise a discovery dispute with the Court, contact the assigned Magistrate Judge.
Page 2 | Motions