Judge Denise L. Cote
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies • Hand Delivery • Upon Filing
Filings <= 10 pages
Filings > 10 pages
- 1 copy
Motion
- 1 copy • Upon Filing
Adjournments
- Adjournment requests for court appearances require 48-hour advance notice.
- Revised Scheduling Order required if adjournment affects other dates.
- Adjournment/extension requests must be filed as letter-motions with specific required elements.
Request must include
- If motion not decided within 60 days of being fully briefed, counsel must alert Court.
Communication
Chambers
Page & Word Limits1 rule
Memoranda of law subject to S.D.N.Y. Local Civil Rules limits; 10+ page memos need TOC.
Unless prior permission has been granted, the word and page limits set forth in the S.D.N.Y. Local Civil Rules apply to all memoranda of law. Memoranda of ten pages or more shall contain a table of contents.
Memorandum Of Law
10 pages
Applies to: Attorney
Document Format Requirements1 rule
Letters. Except as provided below, communications with Chambers should be by letter, which shall not exceed two pages in length.
Document Filing Requirements12 rules
Counsel are required to register in accordance with the Procedures for Electronic Case Filing within one week following the initial pretrial conference.
DocumentEcf Registration
In making discovery motions, counsel are expected to comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.
DocumentDiscovery Motion
Sentencing submissions must be filed on ECF; letters grouped as attachments to sentencing memorandum; defendant files defense letters, government files victim letters.
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. Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. 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.
DocumentSentencing Submission
In diversity jurisdiction cases, file 2-page letter explaining diversity basis before Initial Pretrial Conference.
In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two pages explaining the basis for that party’s belief that diversity of citizenship exists.
DocumentDiversity Jurisdiction Letter
Diversity letters must include citizenship details for corporations and entities.
Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.
DocumentDiversity Jurisdiction Letter
In non-jury cases, file detailed proposed findings of fact and conclusions of law with joint pretrial order.
In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.
DocumentJoint Pretrial Order
In jury cases, requests to charge and proposed voir dire questions;
DocumentJoint Pretrial Order
Each party shall file and serve with the joint pretrial order: i. In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine;
DocumentJoint Pretrial Order
Prior to the return date, take the proposed judgment, separately backed, to the Orders and Judgments Clerk (500 Pearl Street, Room 200) for the Clerk’s approval.
DocumentProposed Judgment
Default judgment motions must be filed on ECF, not by order to show cause.
File a Motion for Default Judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(c). A plaintiff seeking a default judgment should not proceed by order to show cause.
DocumentMotion
In all cases where a party believes it would be useful to the Court, a pretrial memorandum of law;
DocumentJoint Pretrial Order
The plaintiff must file proof of such service on the docket in the manner and date specified in the Court’s Order setting the default judgment hearing.
DocumentProof Of Service
Filing & Service rules
Courtesy Copy Requirements
Attachments over 10 pages require both ECF filing and hard copy delivery to chambers.
When a letter is accompanied by attachments exceeding 10 pages in length, the submitting party shall both file the letter electronically and deliver a hardcopy with the attachments to Chambers by mail or hand delivery.
Criminal cases
Page 1 | COMMUNICATIONS
Courtesy copies must include ECF header.
The courtesy copy must be a copy of the filed version of the letter and include the automatically generated ECF header (that is, the text — e.g., “Case 1:16-cv-01234-ABC Document 100 Filed
Civil cases
Page 1 | Communications with Chambers
Courtesy copies required for letters with attachments over 10 pages.
When a letter is accompanied by attachments exceeding ten pages in length, the submitting party shall both file the letter on ECF and deliver a courtesy copy to Chambers by mail or hand delivery.
Civil cases
Page 1 | Communications with Chambers
Two courtesy copies required when reply is served on a motion.
At the time any reply is served on a motion, the moving party shall supply two courtesy copies of all motion papers, including those of their adversaries, to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York.
Civil cases
E. Courtesy Copies. Two courtesy copies of all documents identified in Sections 6.A, B, C.i, C.iii, and D above should be mailed or hand delivered to Chambers on the date on which they are to be served or filed. Only one hard-copy set of documentary exhibits is required.
E. Courtesy Copies. Two courtesy copies of all documents identified in Sections 6.A, B, C.i, C.iii, and D above should be mailed or hand delivered to Chambers on the date on which they are to be served or filed. Only one hard-copy set of documentary exhibits is required.
Civil cases
Default judgment motions require courtesy copies to chambers.
In connection with the Motion for Default Judgment, file the following on ECF (and mail or hand deliver a courtesy copy to chambers):
Civil cases
Letters without attachments over 10 pages must not be mailed.
No electronically filed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages.
Civil cases
Page 1 | Communications with Chambers
Sealing & Redaction Procedures
Redaction requests require public filing with redactions and sealed filing of unredacted version with highlights.
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. Both documents must be electronically filed through the ECF system and related to the motion.
Civil cases
B. Sealing/Redaction Requiring Court Approval. 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 (21-mc-13), and ECF Rules & Instructions, section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. 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. 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.
B. Sealing/Redaction Requiring Court Approval. 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 (21-mc-13), and ECF Rules & Instructions, section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. 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. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Civil cases
Parties unable to file electronically under seal must seek court permission to file on paper.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Civil cases
Filing Bundling Requirements
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
Civil cases
Pre-Motion Conference Requirements
Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre- motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions. A courtesy copy shall
Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre- motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions. A courtesy copy shall
Civil cases
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.
Civil cases
Pre-motion conferences not required except for discovery motions.
Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.C above.
Civil cases
Adjournment & Extension Requirements
Any request for an adjournment of sentence must be made by letter, filed on ECF as previously described, as early as possible, but no later than three business days before the date at issue. Such requests should state whether opposing counsel consents.
Any request for an adjournment of sentence must be made by letter, filed on ECF as previously described, as early as possible, but no later than three business days before the date at issue. Such requests should state whether opposing counsel consents.
Criminal cases
Page 2 | SENTENCES
Adjournment requests for court appearances require 48-hour advance notice.
If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance.
Civil cases
Page 2 | Communications with Chambers
Revised Scheduling Order required if adjournment affects other dates.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.
Civil cases
Page 2 | Communications with Chambers
Adjournment/extension requests must be filed as letter-motions with specific required elements.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, and should state: (1) the original due date, (2) the number of previous requests for adjournment or extensions of time, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Civil cases
Page 2 | Communications with Chambers
If motion not decided within 60 days of being fully briefed, counsel must alert Court.
If a motion is not decided within 60 days of the time that it has become fully briefed, counsel for the movant shall send a letter to alert the Court.
Civil cases
Chambers Communication Rules
Substitution of counsel requires scheduling conference with Courtroom Deputy; all parties must attend.
When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, defense counsel of record, replacement counsel and the A.U.S.A. must also attend the conference.
Criminal cases
Page 1 | SUBSTITUTION OF COUNSEL
Letters to chambers must be filed on ECF unless sealed or confidential; attachments over 10 pages require both ECF filing and hard copy delivery.
Communications with Chambers shall be by letter filed electronically on ECF, unless there is a request to file a letter under seal or a letter contains sensitive or confidential information. When a letter is accompanied by attachments exceeding 10 pages in length, the submitting party shall both file the letter electronically and deliver a hardcopy with the attachments to Chambers by mail or hand delivery. No electronically filed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages. Copies of correspondence between counsel shall not be sent to the Court (except as exhibits to an otherwise properly filed document).
Criminal cases
Page 1 | COMMUNICATIONS
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Courthouse; it may not be brought directly to Chambers.
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Courthouse; it may not be brought directly to Chambers.
Civil cases
Page 1 | Communications with Chambers
Faxes to Chambers are prohibited.
Faxes to Chambers are not permitted.
Civil cases
Page 1 | Communications with Chambers
Mobile phones must be turned off in courtroom; non-compliance results in device forfeiture.
B. Mobile Phones. Attorneys in compliance with the Standing Order may bring mobile phones into the Courtroom, but the phones MUST be kept turned off at all times. Non-compliance with this rule will result in forfeiture of the device for the remainder of the proceedings.
Civil cases
General purpose computing devices require prior court order and 5 business days advance notice.
C. General Purpose Computing Devices and Other Electronic Equipment. In order for an attorney to bring into the Courthouse any general purpose computing device or other electronic equipment such as a printer not qualifying as a “personal electronic device” as defined in Standing Order M10-468, specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse should email to Chambers a completed model Court Order, available at https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general- purpose, at least 5 business days in advance of the relevant proceeding. 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.
Civil cases
If the hand-delivered mail 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.
If the hand-delivered mail 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.
Civil cases
Page 1 | Communications with Chambers