Judge George B. Daniels
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An adjournment or extension request must state whether prior requests were granted or denied.
- An adjournment or extension request must state the original appearance date or deadline.
- An adjournment or extension request must state whether opposing counsel consents and, if not, the reasons for withholding consent.
- +1 more
Request must include
- Adjournment and extension requests must be written, electronically filed as a letter rather than a letter motion, and submitted at least 48 hours before the conference.
Communication
Phone
Chambers
Phone
Chambers
Phone
Chambers
Page & Word Limits1 rule
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages.
25 pages
Reply
10 pages
Document Filing Requirements8 rules
If the requested adjournment or extension affects any other scheduled dates, a Proposed Amended Scheduling Order shall be attached to the request.
DocumentAdjournment Or Extension Request
Memoranda of 10 pages or more shall contain a table of contents.
DocumentMemorandum
Unless otherwise ordered by this Court, within thirty (30) days after the date for completion of discovery in a civil case, the parties shall submit to this Court, for its approval, a joint pretrial order, which shall include the following:
DocumentJoint Pretrial Order
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be filed at the time the sentencing submission is served. The application must clearly identify the requested redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
DocumentApplication To Redact
Letters submitted to Chambers shall state clearly in the subject line: (1) the caption of the case, including the docket number and names of the lead parties; and (2) a brief description of the contents of the letter.
DocumentLetter
Letters that pertain to multiple cases shall list all relevant docket numbers in the subject line.
DocumentLetter
In multi-defendant criminal matters, letters that pertain only to an individual defendant shall identify the docket number specific to that individual defendant (e.g., 1:14-cr-12345-01) and include the defendant's name.
DocumentLetter
Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed.
DocumentMoving Opposing Or Reply Papers
Filing & Service rules
Electronic Filing Rules
Counsel for all parties must register as filing users under the SDNY ECF Rules and Instructions.
A. Counsel for all parties are required to register as filing users in accordance with the SDNY ECF Rules and Instructions.¹
Page 2 | I. ELECTRONIC CASE FILING ("ECF")
A party unable to file under seal electronically, or believing a document should not be filed electronically, must seek court leave to file it on paper.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, must move for leave of the Court to file in the traditional manner, on paper.
Page 4 | I. ELECTRONIC CASE FILING ("ECF")
Motion papers must be filed on ECF promptly after service.
Motion papers shall be filed on ECF promptly after service.
Page 6 | IV. MOTIONS
Sentencing submissions must be filed on ECF, except when a request is made to file a document under seal or in redacted form.
All sentencing submissions shall be filed on ECF, unless there is a request to file a document under seal or in redacted form.
Page 7 | V. CRIMINAL SENTENCINGS
In civil and criminal cases designated ECF, parties must stay current on matters filed electronically because the Court will not provide other notification.
B. In ALL cases (civil and criminal) that are designated ECF, the parties are responsible for being current in any and all matters filed electronically by this Court. No other means of notification will be used by this Court.
Page 2 | I. ELECTRONIC CASE FILING ("ECF")
To file a letter electronically, counsel should make the following selections on ECF: civil → civil events → other filings → other documents → letter.
To file a letter electronically, counsel should make the following selections on ECF: civil → civil events → other filings → other documents → letter.
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Filing Timing and Cure Windows
An application for a redaction beyond the eleven identified categories must be filed when the sentencing submission is served.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be filed at the time the sentencing submission is served.
Page 7 | V. CRIMINAL SENTENCINGS — C. Redactions
Unless the Court orders otherwise, the joint pretrial order must be submitted within 30 days after the date for completion of discovery.
Unless otherwise ordered by this Court, within thirty (30) days after the date for completion of discovery in a civil case, the parties shall submit to this Court, for its approval, a joint pretrial order, which shall include the following:
Page 7 | VI. PRETRIAL PROCEDURES — A. Joint Pretrial Orders in Civil Cases
Unless the Court orders otherwise, each party must file the specified materials 30 days before trial if a trial date is fixed, or within 30 days after filing the joint pretrial order if no trial date is fixed.
Unless otherwise ordered by this Court, each party shall file thirty (30) days prior to the commencement of trial if such a date has been fixed, or thirty (30) days after the filing of the joint pretrial order if no trial date has been fixed:
Page 8 | VI. PRETRIAL PROCEDURES — B. Filings Prior to Trial in Civil Cases
No later than 7 days before trial, the parties must file proposed jury instructions with authority citations, proposed verdict forms, proposed voir dire, and the Government's proposed witness list.
iv. Not later than seven (7) days prior to the commencement of trial, the parties shall file their: 1. proposed jury instructions with citations to authority; 2. proposed verdict forms; 3. proposed voir dire; and 4. the Government's proposed witness list.
Page 9 | C. Filings Prior to Trial in Criminal Cases
Motions in limine must be filed 30 days before trial.
iii. Motions in limine shall be filed thirty (30) days prior to the commencement of trial.
Page 9 | C. Filings Prior to Trial in Criminal Cases
Rule 16 expert disclosures, including all required information, must be made 30 days before trial.
ii. Any Rule 16 expert disclosures, including all required information, shall be made thirty (30) days prior to the commencement of trial.
Page 9 | C. Filings Prior to Trial in Criminal Cases
Service and Proof of Service Rules
A defendant must serve the sentencing submission eight days before the sentencing date.
A defendant's sentencing submission shall be served **eight (8) days** in advance of the date set for sentence.
Page 6 | V. CRIMINAL SENTENCINGS
The Government must serve its sentencing submission five days before the date set for sentence.
The Government's sentencing submission shall be served **five (5) days** in advance of the date set for
Page 6 | V. CRIMINAL SENTENCINGS
A Rule 404(b) notice must be served 30 days before trial.
i. Any Rule 404(b) notice shall be served thirty (30) days prior to the commencement of trial.
Page 9 | C. Filings Prior to Trial in Criminal Cases
Courtesy Copy Requirements
Courtesy copies are not being accepted until further notice, and filers should check the rules regularly for policy changes.
A. Please note that due to ongoing concerns with COVID-19 we are not accepting courtesy copies until further notice. Please check Judge Daniels' Individual Rules and Practices regularly for any changes to this policy.
Page 6 | III. COURTESY COPIES
Sealing & Redaction Procedures
All redactions or sealing of public court filings not permitted by the preceding paragraph require Court approval.
Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.
Page 2 | I. ELECTRONIC CASE FILING ("ECF")
To seek leave to file a sealed document, file a public ECF letter motion and separately and contemporaneously file and relate the proposed sealed document on ECF; keep confidential information out of the motion and public docket text.
The party shall electronically file a letter motion seeking leave to file a document 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. 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 proposed sealed document shall be separately and 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 this Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, the summary docket text should not include confidential information sought to be filed under seal.
Page 3 | I. ELECTRONIC CASE FILING ("ECF")
A request for leave to file a redacted document requires a public ECF letter motion and simultaneous filing of a publicly redacted copy and a sealed, highlighted unredacted copy, each electronically related to the motion.
Where a party seeks leave to file a document in redacted form, the party shall electronically file a of 9 ===== PAGE 4 ===== Updated 04/21/2020 letter motion seeking leave to file a document in redacted form 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. The letter motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.
Page 4 | I. ELECTRONIC CASE FILING ("ECF")
Only pages containing redacted material are filed under seal, and counsel must bring marked copies of those pages to the sentencing proceeding for the Court to file under seal.
If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. Counsel shall bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly-filed materials, to give to this Court for filing under seal.
Page 7 | V. CRIMINAL SENTENCINGS — C. Redactions
Specified sensitive information and information requiring caution may be redacted from public filings without prior Court permission, with the stated limits on sensitive information.
There are two categories of information that may be redacted from public court filings without prior permission from this Court: "sensitive information" and information requiring "caution." 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 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., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government).
Page 2 | I. ELECTRONIC CASE FILING ("ECF")
Parties may redact the specified sensitive and cautionary information without court approval.
Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, 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 Court approval.
Page 7 | V. CRIMINAL SENTENCINGS — C. Redactions
Pre-Motion Conference Requirements
Sur-reply memoranda may be filed only with prior Court permission.
Sur-reply memoranda will not be accepted without prior permission of this Court.
Page 6 | IV. MOTIONS
Discovery motions must follow Local Civil Rule 37.2.
For discovery motions, follow Local Civil Rule 37.2.
Page 6 | IV. MOTIONS
The Court decides whether to hear oral argument and, if it will, advises counsel of the argument date.
This Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.
Page 6 | IV. MOTIONS
Pre-motion conferences are not required for motions other than discovery motions.
For motions other than discovery motions, pre-motion conferences are not required.
Page 6 | IV. MOTIONS
Adjournment & Extension Requirements
An adjournment or extension request must state the original appearance date or deadline.
i. the original date of the appearance or deadline;
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
An adjournment or extension request must state whether opposing counsel consents and, if not, the reasons for withholding consent.
iv. whether opposing counsel consents, and, if not, the reasons provided by opposing counsel for withholding consent.
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
An adjournment or extension request must state whether prior requests were granted or denied.
iii. whether these previous requests were granted or denied; and
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Adjournment and extension requests must be written, electronically filed as a letter rather than a letter motion, and submitted at least 48 hours before the conference.
All requests for adjournments or extensions of time shall be in writing and electronically filed as a “letter” rather than a “letter motion” no later than 48 hours in advance of the conference.
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
An adjournment or extension request must state the number of previous requests.
ii. the number of previous requests for adjournment or extension;
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Chambers Communication Rules
All communications with Chambers must be submitted as letters filed electronically on ECF.
All communications with Chambers shall be filed by letter electronically on ECF.
Page 4 | II. COMMUNICATIONS WITH CHAMBERS
Correspondence solely between counsel must not be filed on ECF or sent to Chambers, except as an exhibit to a properly filed document.
Copies of correspondence solely between counsel shall not be filed on ECF or sent to Chambers (except as exhibits to a properly filed document).
Page 4 | II. COMMUNICATIONS WITH CHAMBERS
Calls from pro se litigants (pro se litigants should call the Office of Pro Se Litigation at (212) 805-0175 for questions regarding their cases);
Calls from pro se litigants (pro se litigants should call the Office of Pro Se Litigation at (212) 805-0175 for questions regarding their cases);
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Calls to Chambers requesting substantive or procedural legal advice are never permitted.
Calls requesting substantive or procedural legal advice;
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Calls to Chambers requesting filing-status updates are never permitted.
Calls requesting updates regarding the status of filings; and
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Questions about electronic filing must be directed to the ECF Help Desk at (212) 805-0136, not Chambers.
Questions about how to file case documents electronically. Electronic Case Filing questions should be directed to the ECF Help Desk at (212) 805-0136.
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Calls to Chambers are permitted only for emergencies requiring immediate attention.
Telephone calls to Chambers are permitted only in emergency situations requiring immediate attention.
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Ex parte calls are not permitted absent extraordinary justification; ordinarily, counsel for all affected parties should participate, although similarly situated parties may designate lead counsel.
Ex parte calls (absent extraordinary justification, counsel for all affected parties should be on the line when a call to Chambers is placed, except that similarly situated parties may designate a lead counsel to represent them on such a call);
Page 5 | II. COMMUNICATIONS WITH CHAMBERS
Junior Lawyer Participation Incentives
When a junior lawyer is given an opportunity to argue, the Court is amenable to allowing more than one lawyer to argue for a party.
In such circumstances, where a junior lawyer is afforded the opportunity to present arguments to this Court, Judge Daniels is amenable to permitting more than one lawyer to argue for a party.
Page 6 | IV. MOTIONS
The lawyer responsible for the case, not the Court, makes the ultimate decision about who speaks for the client.
However, the ultimate decision of who speaks on behalf of a client rests with the lawyer responsible for the case, not with this Court.
Page 6 | IV. MOTIONS
Junior lawyers familiar with the matter but less experienced in motion argument are encouraged to participate actively in courtroom proceedings.
Accordingly, where junior lawyers are familiar with the matter under consideration by this Court but are less experienced in arguing a motion, they are encouraged to actively participate in courtroom proceedings.
Page 6 | IV. MOTIONS