Judge Dale E. Ho
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Joint Pretrial Order
- Email • At Least 30 Days Before Final Pretrial Conference
Proposed Order
Adjournments
- Extension/rescheduling requests require 2 business days notice (except emergencies).
- Extension/adjournment requests require 2 business days advance notice.
- Extension/rescheduling requests must include original dates, reasons, consent status, and other deadlines.
- Extensions for magistrate-referred matters go to the assigned magistrate judge.
- Extensions requested after deadline are ordinarily denied.
- +4 more
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits8 rules
Unless prior permission has been granted, sentencing memoranda are limited to twenty-five pages.
- Sentencing memorandum
- Up to 25 pages
Memoranda of Law. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five pages, and reply memoranda are limited to ten pages.
Whether filed electronically or not, letters (together with any related exhibits) may not exceed ten pages in length.
- Letter
- Up to 10 pages
If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.
- Responsive letter
- Up to 3 pages
Opening memoranda are limited to 25 pages and reply memoranda are limited to 10 pages.
Discovery letter-motions limited to 3 pages.
- Letter motion
- Up to 3 pages
Court's wording
If the meet-and-confer process does not resolve the dispute, the party seeking discovery may file on ECF a letter-motion, no longer than three pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting a conference before the Court.
Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within three business days.
- Opposition letter
- Up to 3 pages
Letters may not exceed three pages in length (exclusive of exhibits or attachments) without prior permission from the Court.
- Letter
- Up to 3 pages
Document Format Requirements8 rules
Exhibits must be pre-marked with stickers and labeled by party/exhibit number.
Court's wording
Exhibits must be pre-marked (that is, with exhibit stickers or the like) and should generally be labeled by party and exhibit number (e.g., “GX-1,” “PX-1,” “DX-1,” etc.) rather than letter (e.g., “DX-AA”).
Text Searchable Submissions. All written submissions and supporting materials must be text-searchable to the extent practicable.
Memoranda must be 12pt font, double-spaced, text-searchable, with TOC/TOA for 10+ pages
- Font size
- 12 points
- Line spacing
- Double
Court's wording
All memoranda of law shall be in twelve-point font or larger, double spaced, and text-searchable. Memoranda of ten pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.
iii. emailing them as an attachment in PDF format to Pro_Se_Filing@nysd.uscourts.gov, in which case the pro se party should follow the instructions contained in Appendix C of the Court’s ECF Rules & Instructions, available at https://www.nysd.uscourts.gov/electronic-case-filing; or
- File type
All memoranda of law shall be in twelve-point font or larger and double-spaced. All footnotes shall be in twelve-point font or larger and may be single-spaced.
- Font size
- 12 points
- Line spacing
- Double
Motion papers must conform to Local Civil Rule 11.1 of the S.D.N.Y. Local Rules.
Parties are encouraged to use electronic copies of exhibits as much as possible.
Conferences may be held remotely or in person. In-person conferences will be held in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Centre Street / 40 Foley Square, New York NY.
Document Filing Requirements90 rules
Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.
Stand when the jury enters or exits the courtroom.
Address all remarks to the Court, not to opposing counsel.
Be respectful of opposing counsel, the litigants, and witnesses.
Attorneys must stand at lectern when examining witnesses, with limited exceptions.
Court's wording
Stand at the lectern while examining any witness; except that counsel may, with the Court’s permission, approach the Courtroom Deputy’s desk or the witness for purposes of handling or tendering exhibits.
In examining a witness, counsel shall not repeat or echo the answer given by the witness.
Only one attorney per party may examine/cross-examine each witness.
Court's wording
Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. The attorney who conducts direct examination shall be the attorney who states any objections during cross- examination. H. Commence cross-examination
Counsel should not face or otherwise appear to address him or herself to jurors when questioning a witness. In opening statements and arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue.
Commence cross-examination without preliminaries.
Include
- •Commence cross-examination without preliminaries
Counsel must promptly address transcript accuracy issues for appeal, with specific procedures for material vs. non-material errors.
Court's wording
Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling, or punctuation should be ignored.
All instructions to the jury will be in plain language that is as understandable as possible to non-lawyers.
The Court will give preliminary instructions on the law at the beginning of the trial before the parties’ opening statements.
If counsel intends to publish hard copies of documentary exhibits to the jury rather than using the Court’s audio-visual system, a separate copy should be provided for each juror to avoid unnecessary delay.
Each juror will be provided with a written copy of the final instructions for use while the jury is being instructed and during deliberations.
The Court will give final instructions on the law at the end of the presentation of evidence before the parties’ closing statements.
The parties shall complete the first four columns, but leave the fifth and sixth columns blank, to be filled in by the Court during trial.
Where a hard copy exhibit is used, sufficient copies should be made, as appropriate, for witnesses, opposing counsel, jurors, the court reporter, any interpreters, and the Court.
Counsel should not make speaking objections before the jury. In making objections before the jury, counsel should state “objection” only and provide the
The parties should raise any objections to an exhibit, other than authenticity or foundation, before the opening of the session.
Any objections not made shall be deemed waived and any exhibits not objected to shall be deemed admissible at trial.
If a party objects to an exhibit, the objection should be noted in the third and/or fourth columns by indicating the Federal Rule of Evidence that is the basis for the objection and any other authority.
The Court will communicate clearly to the jury that the instructions given at the end of the trial will control deliberations.
Any exhibit offered in evidence should, at the time it is offered, be shown to opposing counsel unless it was provided, pre-marked, to counsel before the proceeding.
Counsel should not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at the next recess.
electronic copies of any document sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.) should be provided to the Court in advance of the proceeding.
Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. In most instances, stipulations should be reduced to writing in a form that can be marked and admitted at trial.
The Court further expects that defense counsel will have determined whether detention of the defendant is required under 18 U.S.C. § 3143(a)(2) upon the entry of a guilty plea, subject to the limited exception provided in 18 U.S.C. § 3145(c) for cases in which it is clearly shown that there are exceptional reasons why detention would not be appropriate, and to prepare the defendant for the possibility of detention commencing at the end of the plea proceeding.
The defendant should also be prepared in advance of a guilty plea to give a narrative allocution that incorporates all of the elements of that offense(s) to which the defendant is pleading guilty.
- Document
- Guilty plea
Should include
- •Narrative allocution
- •Incorporates all offense elements
The responding party shall file on ECF a written submission no less than one business day before the conference.
- Document
- Bail appeal response
Must include
- •Written submission
The Government shall provide a copy of the plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be emailed to Chambers as soon as practicable and no later than three business days before the scheduled plea.
- Document
- Plea agreement
Must include
- •Pimentel letter
- •Cooperation agreement
Appellant must provide bail-related documents and written submission to Court at least 2 business days before conference
- Document
- Bail appeal
Must include
- •Transcript of argument
- •Pretrial services report
- •Written submissions below
- •Written submission in support
Court's wording
The party that brings the appeal is directed to provide the Court no less than two business days before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail and Pretrial Services’ report as to the defendant, and a written submission in support of the appeal, which shall also be filed on ECF.
Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before
Court's wording
Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be served one week in advance of the date set for sentencing.
Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated.
- Document
- Sentencing submission
Should include
- •Document marked sentencing submission
Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.
If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect.
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.
Electronic Case Filing (“ECF”). In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except for as otherwise expressly provided, all documents filed with the Court must be filed electronically.
AI-generated content requires disclosure and certification.
- Document
- All documents
Must include
- •AI disclosure
Court's wording
Use of Generative Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.
Letter-motions for adjournments must include specific required elements
- Document
- Letter motion
Must include
- •Original date
- •Number of previous requests
- •Previous requests granted or denied
Court's wording
The letter-motion must state: (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties’ next scheduled appearance before the Court.
In making discovery motions, counsel must comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.
Any request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.
Counsel must serve paper copies to pro se parties and file Affidavit of Service
- Document
- Any filed document
Must include
- •Affidavit of service
Court's wording
Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served will not be considered.
Motions to dismiss, judgment on pleadings, or summary judgment require notice to pro se parties
- Document
- Motion to dismiss
Must include
- •Notice to pro se party
Court's wording
Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.
Opposition papers due within 30 days; reply papers due within 2 weeks
Court's wording
Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.
If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office.
For bench trials, counsel must file proposed findings of fact and conclusions of law with Pretrial Statement.
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 plaintiffs must file Pretrial Statement within 30 days of discovery completion or summary judgment ruling.
Court's wording
Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement.
Pretrial Statement must include facts to prove, evidence list, and witness list.
- Document
- Pretrial statement
Must include
- •Statement of facts
Court's wording
This Statement must contain the following: i. a statement of the facts the plaintiff hopes to prove at trial; ii. a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and iii. a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial.
Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.
For jury trials, counsel must file proposed voir dire, jury charge, and verdict form with Pretrial Statement.
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.
AI-generated content in filings requires separate disclosure declaration with accuracy certification.
- Document
- Motion
Must include
- •AI disclosure
Court's wording
Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate.
Pro se parties must maintain current address on docket and file change of address forms.
Court's wording
Pro se parties are required to maintain their current mailing address on the docket at all times and must notify the Court of any change of address by filing a change of address form with the Pro Se Office.
When moving to amend any pleading, the moving party shall file as an attachment to the motion a redline showing all differences between the operative pleading and the proposed amended pleading.
- Document
- Motion to amend
Must include
- •Redline
All appendices to memoranda of law must be indexed.
Filing & Service rules
Courtesy Copy Requirements
Counsel should also email an electronic courtesy copy of any proposed order to Chambers, in both Microsoft Word and PDF formats.
Counsel should also email an electronic courtesy copy of any proposed order to Chambers, in both Microsoft Word and PDF formats.
Civil cases
Page 7 | j. Proposed Orders and Stipulations
At least 30 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to HoNYSDChambers@nysd.uscourts.gov a proposed joint pretrial order
At least 30 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to HoNYSDChambers@nysd.uscourts.gov a proposed joint pretrial order
Civil cases
Page 8 | 5. Pretrial Submissions and Procedures
No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Civil cases
No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.
No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.
Criminal cases
Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.
Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.
Page 4 | Motions
Sealing & Redaction Procedures
Parties should not include in their public filings, unless necessary, the five categories of “sensitive information,” i.e., social security numbers (use the last four digits only); names of minor children (use the initials only); dates of birth (use the year only); financial account numbers (use the last four digits only); and home addresses (use only the City and State).
Parties should not include in their public filings, unless necessary, the five categories of “sensitive information,” i.e., social security numbers (use the last four digits only); names of minor children (use the initials only); dates of birth (use the year only); financial account numbers (use the last four digits only); and home addresses (use only the City and State).
Criminal cases
Page 6 | Redactions and Filing Under Seal
Three-step process for filing documents with redactions: ECF filing, letter-motion seeking leave, and emailing unredacted copies to chambers.
Any party seeking to file a document with partial redactions should follow the following three steps: i. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. ii. Filing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Section 9(b) above. iii. Emailing of Documents to Chambers. At the same time, the party should email to HoNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Section 9(c)(ii), should the party also be seeking leave to file that letter-motion with redactions or under seal.
Criminal cases
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner.
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner.
Criminal cases
Entire documents to be filed under seal should be emailed directly to chambers with letter-motion, not filed on ECF.
Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to HoNYSDChambers@nysd.uscourts.gov and should include as an attachment to the email a letter-motion seeking leave to file the document under seal. The letter-motion must explain why sealing is justified in light of the standards discussed in Section 9(b) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.
Criminal cases
Sensitive information categories that can be redacted without court approval include SSNs (last 4 digits), minor children's names (initials), DOBs (year only), account numbers (last 4 digits), and home addresses (city/state only).
Parties should not include in their public filings, unless necessary, the five categories of "sensitive information," i.e., social security numbers (use the last four digits only), names of minor children (use the initials only), dates of birth (use the year only), financial account numbers (use the last four digits only), and home addresses (use only the City and State).
Civil cases
Page 11 | Redactions and Filing Under Seal
Two categories of information can be redacted without court approval: sensitive information and information requiring caution.
There are two categories of information that may be redacted from public court filings without prior permission from the Court: "sensitive information" and information requiring "caution."
Civil cases
Page 11 | Redactions and Filing Under Seal
Parties must follow Federal Rule of Civil Procedure 5.2 and S.D.N.Y. ECF Privacy Policy for redactions and sealing.
The parties are referred to Federal Rule of Civil Procedure 5.2 and the S.D.N.Y. ECF Privacy Policy ("Privacy Policy").
Civil cases
Page 11 | Redactions and Filing Under Seal
To file a document in redacted form, parties must file a letter-motion seeking leave.
Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a
Civil cases
Page 12 | Redactions and Filing Under Seal
The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request.
The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request.
Civil cases
Page 12 | Redactions and Filing Under Seal
Parties' consent or confidentiality agreements alone are not valid bases to overcome the presumption of public access to judicial documents.
In general, the parties' consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.
Civil cases
Page 12 | Redactions and Filing Under Seal
If filing under seal/redacted form due to opposing party/third party request, the filing party must notify them to file a letter explaining the need within three business days.
When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.
Civil cases
Page 12 | Redactions and Filing Under Seal
The proposed sealed document must be contemporaneously filed under seal on ECF with appropriate restrictions and electronically related to the motion or relevant court order.
The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal).
Civil cases
Page 12 | Redactions and Filing Under Seal
To file a document wholly under seal, parties must file a letter-motion following Standing Order 19-MC-583 and S.D.N.Y. ECF Rules Section 6.
The party shall file a letter-motion seeking leave to file a document wholly under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.
Civil cases
Page 12 | Redactions and Filing Under Seal
The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information.
The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information.
Civil cases
Page 12 | Redactions and Filing Under Seal
Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal.
Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal.
Civil cases
Page 12 | Redactions and Filing Under Seal
Redactions or sealing must be narrowly tailored to serve the justifying purpose and consistent with the presumption of public access to judicial documents.
To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must otherwise be consistent with the presumption in favor of public access to judicial documents.
Civil cases
Page 12 | Redactions and Filing Under Seal
All redactions or sealing of public court filings require court approval except for the eleven categories identified in the Privacy Policy.
Except for redactions permitted by the eleven categories of information identified in the Privacy Policy, all redactions or sealing of public court filings require Court approval.
Civil cases
Page 12 | Redactions and Filing Under Seal
Parties may also redact from their public filings, without prior Court approval, the six categories of information requiring “caution” described in the Privacy Policy, i.e., any personal identifying number, such as a driver’s license number;
Parties may also redact from their public filings, without prior Court approval, the six categories of information requiring “caution” described in the Privacy Policy, i.e., any personal identifying number, such as a driver’s license number;
Criminal cases
Page 6 | Redactions and Filing Under Seal
Six categories of information requiring caution can be redacted without court approval: medical records, employment history, individual financial information, proprietary/trade secret information, and information about cooperation with government.
Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring "caution" described in the Privacy Policy, i.e., medical records (including any information regarding medical treatment, including for substance abuse, and diagnosis), employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government.
Civil cases
Page 12 | Redactions and Filing Under Seal
Pre-Motion Conference Requirements
Discovery disputes require conference before filing letter-motion (max 3 pages)
If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Section 2 above, explaining the nature of the dispute and requesting an informal conference.
Page 3 | Discovery
Sur-reply memoranda are prohibited unless permitted for good cause in extraordinary situations.
Sur-reply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause).
Civil cases
Page 5 | v
Summary judgment motions in non-jury cases require prior leave via ECF letter.
Summary judgment motions are strongly discouraged in non-jury cases. Notwithstanding Section 4(a) of these Rules, a party seeking to file a motion for summary judgment in a non-jury case shall file a letter on ECF seeking leave to move for summary judgment prior to filing any motion.
Civil cases
Page 6 | g.i
Default judgment must be sought by motion on ECF, not by order to show cause.
A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.
Civil cases
Page 6 | h
Only one summary judgment motion permitted without prior Court approval.
Parties may not file more than one motion for summary judgment absent prior Court approval.
Civil cases
Page 6 | g.ii
Oral argument rarely held; request by marking cover page or filing letter on ECF explaining benefit.
The Court rarely holds oral argument. But a party may request oral argument on a motion by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law. If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a letter explaining the reason—not a letter-motion—on ECF. The Court will determine whether argument will be heard and, if so, advise counsel of the argument date.
Civil cases
Page 5 | e.i
Pre-motion letters/conferences required only for discovery disputes and SJ in non-jury cases.
Pre-motion letters and conferences are not required, except for: (i) discovery disputes under Section 4(k) of these Rules; and (ii) summary judgment motions in non-jury cases under Section 4(g) of these Rules.
Civil cases
Adjournment & Extension Requirements
Sentencing adjournment requests must be made no later than 3 business days before proceeding
Any request for an adjournment of a sentencing should be made as early as possible, and no later than three business days before the sentencing proceeding, in accordance with Section 2(f) above.
Criminal cases
Page 6 | Trials
Speedy Trial Act exclusions require email with proposed order
If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court by email (HoNYSDChambers@nysd.uscourts.gov) a proposed order (in Microsoft Word format) along with its request for adjournment or extension.
Criminal cases
Adjournment requests require 2 business days notice (3 for sentencing)
Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least two business days prior to the deadline or scheduled appearance and any request for adjournment of sentencing shall be made at least three business days prior to the scheduled proceedings.
Criminal cases
Extensions/adjournments must be filed as letter-motions on ECF
for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with Section 4.
Criminal cases
Extension/rescheduling requests must include original dates, reasons, consent status, and other deadlines.
All requests to reschedule a conference or extend a deadline must be made in writing and must state: (1) the original date(s) of the conference or deadline; (2) the reasons for the requested extension; (3) whether the other party or parties consent and, if not, the reasons given for refusing to consent; and (4) the date of the next scheduled appearance before the Court as well as any other existing deadlines.
Extension/rescheduling requests require 2 business days notice (except emergencies).
Absent an emergency, any request for an extension or to reschedule a conference must be made at least two business days prior to the deadline or scheduled appearance.
Adjournment requests for conferences must include 3 mutually agreeable alternative dates.
A request for an adjournment of a conference must also include three alternative conference dates that are mutually agreeable to the parties.
Civil cases
Extension/adjournment requests require 2 business days advance notice.
Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least two business days before the deadline or scheduled appearance.
Civil cases
Adjournment/extension requests must be filed as letter-motions on ECF.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions per Section 2(a) of these Rules, not as ordinary letters.
Civil cases
Adjournment/extension requests must include specific required information.
The letter-motion must state: (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents to the requested relief and, if not, the reasons given by the adversary for refusing to consent.
Civil cases
Extensions requested after deadline are ordinarily denied
Requests for extensions will ordinarily be denied if made after the expiration of the original deadlines.
Criminal cases
Extensions for magistrate-referred matters go to the assigned magistrate judge.
Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that assigned Magistrate Judge.
Discovery extension requests must include detailed discovery history and are unlikely to be granted.
A request to extend the deadline to complete all discovery is unlikely to be granted. But any such request shall include a statement as to what discovery requests have been propounded, who propounded each request, and on what date; what responses were made, who made each response, and on what date; and the volume of documents produced, who produced the documents, and on what date. The letter shall further include a statement as to any depositions that have been taken and on what date.
Civil cases
Extensions requested after deadline are ordinarily denied.
Extension requests will ordinarily be denied if made after the expiration of the original deadline.
Civil cases
Chambers Communication Rules
Counsel should request permission before approaching the bench or the witness box, and any document that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.
Counsel should request permission before approaching the bench or the witness box, and any document that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.
Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to HoNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing. Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel. The order must be presented upon bringing the electronic device(s) into the Courthouse. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.
Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to HoNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing. Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel. The order must be presented upon bringing the electronic device(s) into the Courthouse. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.
Criminal cases
Faxes to chambers require prior permission
Faxes to Chambers are not permitted without express prior permission.
Criminal cases
Pro se parties cannot send documents directly to chambers.
No documents or court filings may be sent directly to Chambers.
All communications with the Court by a pro se party should be in writing and filed on ECF or sent to the Pro Se Office by email as a PDF, delivered in person, or physically mailed as described in Section 3(b) below.
All communications with the Court by a pro se party should be in writing and filed on ECF or sent to the Pro Se Office by email as a PDF, delivered in person, or physically mailed as described in Section 3(b) below.
Notice of temporary restraining order filing must be emailed to Chambers.
The moving party must email HoNYSDChambers@nysd.uscourts.gov giving notice of the filing and the time frame requested for Court action.
Civil cases
Page 7 | Temporary Restraining Orders
Email completed Model Court Order to HoNYSDChambers@nysd.uscourts.gov at least 5 business days before trial/hearing to request permission for electronic devices.
Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to HoNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing. Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel. The order must be presented upon bringing the electronic device(s) into the Courthouse.
Civil cases
Page 13 | Policy on Use of Electronic Devices
Email letter-motions for alternative filing methods to HoNYSDChambers@nysd.uscourts.gov as PDF attachments with specific subject line requirements.
Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner. Such letter-motions may be emailed to HoNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel. In the subject line, the cover email should state clearly: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the nature of the request. Parties shall not include substantive communications in the body of the email.
Civil cases
Page 13 | Submission by Email
Only one attorney may speak per party in remote conferences without Court permission.
Absent permission of the Court, no more than one attorney shall speak on behalf of any party.
Civil cases
Emails to Chambers must have substantive content in attachments only.
For any emails to Chambers permitted under these Rules, parties shall not include substantive communications in the body of the email, only in an attached letter. Copies of correspondence between counsel shall not be sent to the Court or filed on ECF except as exhibits to an otherwise properly filed document.
Criminal cases
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance (200 Worth Street, New York, NY 10007) of the Daniel Patrick Moynihan United States District Courthouse. If the hand- delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance (200 Worth Street, New York, NY 10007) of the Daniel Patrick Moynihan United States District Courthouse. If the hand- delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.
Criminal cases
Conference notices will be docketed on ECF and mailed to pro se parties
Notices scheduling a court conference will be docketed on ECF and mailed to the pro se party or parties.
Page 4 | Conferences
Incarcerated parties may participate by telephone if unable to attend in-person conferences
An incarcerated party may not be able to attend scheduled in-person conferences but may be able to participate by telephone.
Page 4 | Conferences
Family member or representative may attend conference if incarcerated party cannot participate
If an incarcerated party is unable to participate by telephone, a family member or a representative may attend or otherwise participate in the conference.
Page 4 | Conferences
Representatives should contact Chambers at (212) 805-0190 to determine conference location
If a representative is designated, he or she should contact Chambers at (212) 805-0190 to determine the location of the conference.
Page 4 | Conferences
Court will send conference transcript to incarcerated party
The Court will also have a transcript of the conference sent to the incarcerated party.
Page 4 | Conferences
If an incarcerated party does not have counsel and a representative cannot attend a conference, the pro se party should write to the Judge regarding any issue the pro se party wishes to have addressed at the conference.
If an incarcerated party does not have counsel and a representative cannot attend a conference, the pro se party should write to the Judge regarding any issue the pro se party wishes to have addressed at the conference.
Page 4 | Conferences
Wi-Fi authorization available for hearings/trials in Judge Ho's Courtroom; see separate Individual Practices document.
Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Ho’s Courtroom during a hearing or trial. For further information, see Judge Ho’s Individual Practices for Hearings and Trials, available on the Court’s website (https://nysd.uscourts.gov/hon-dale-e-ho).
Civil cases
Page 14 | Policy on Use of Electronic Devices
Remote conference participants must identify themselves, spell names, and avoid interruptions.
To facilitate orderly teleconferences and the creation of an accurate transcript where a teleconference is held on the record, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter and take special care not to interrupt or speak over one another.
Civil cases
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 HoNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer.
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 HoNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer.
Civil cases
Government may use USAfx for large file transfers.
The Government may use USAfx.
Civil cases
Junior Lawyer Participation Incentives
Parties may advise Court if oral argument will be handled by less-experienced attorney.
If oral argument would be handled in whole or in part by a less-experienced attorney, a party may so advise the Court consistent with Section 3(e) above.
Civil cases
Page 5 | e.ii
Junior lawyers (6 or fewer years) are invited to participate in conferences and may argue with permission.
The Court invites the participation of less experienced attorneys (i.e., those with six or fewer years of experience), including attorneys from all backgrounds, where the attorney(s) played a substantial role in drafting the underlying filing or preparing the relevant witness. Notwithstanding Section 3(b)(i), the Court may permit more than one attorney to argue for one party. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.
Civil cases