Court Rules
district Judge
Verified Current9 days ago

Judge J. Paul Oetken

Southern District of New York

Limits & Logistics

Document Limits

Memorandum Of Law
8,750 wds
Opposition
4 pgs

Courtesy Copies

Filings

Not Required

Adjournments

Must Include

  • 1
    Adversary Position
  • 2
    Reason For Request
  • 3
    Original Date
  • 4
    Proposed Rescheduled Date
  • 5
    Number Of Previous Requests
  • 6
    Previous Requests Granted Or Denied
  • 7
    Affects Other Dates
Notice Required
48Hours
Notice Required
2Business Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Proposed New Dates
Notice Required
4Weeks
Notice Required
14Days
Notice Required
2Weeks

Communication

Email

Chambers

OetkenNYSDChambers@nysd.uscourts.gov
No Hours
Letter Ecf

Chambers

SchedulingDiscovery
No Status Inquiries
Phone

Chambers

(212) 805-0266
Emergencies
Email

Chambers

Technical Issues
No Status Inquiries
Email

Clerk

helpdesk@nysd.uscourts.gov
Technical Issues
Letter Fax

Chambers

Emergencies
No Status Inquiries
Phone

Chambers

Scheduling
In Person

Chambers

Email

Chambers

OetkenNYSDchambers@nysd.uscourts.gov
SchedulingTechnical Issues
Advance Notice Required
No Hours, Status Inquiries
Letter Ecf

Intake Unit

Technical Issues
No Status Inquiries
Filters:AllMandatoryImportantFormattingSealingCommunicationECF FilingLettersTRO/InjunctionElectronicsConferences

Detailed Drafting Rules

Communication ProtocolMandatory

Requests to charge and voir dire must be emailed to chambers as Word docs

the parties should also submit copies of these documents to the Court by email (OetkenNYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.

Email

Direct to: Chambers

Approved Topics
SchedulingStatus InquiriesTechnical Issues
Prohibited
  • Hours
    9:00 AM - 5:00 PM
Page 13
|SecTrial Submissions and Procedures
Communication ProtocolMandatory

All communications with chambers must be via ECF letter-motions, not ordinary letters.

Communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with paragraphs 2(A) and 4(A).

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 3
|SecB. Telephone Calls and Emails
Communication ProtocolMandatory

Urgent matters requiring attention in less than one business day should be called to chambers.

For urgent matters requiring immediate attention (i.e., in less than one business day), call Chambers at (212) 805-0266.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 3
|SecB. Telephone Calls and Emails
Communication ProtocolMandatory

Substantive case-related communications by email require court permission.

Counsel may not submit substantive case-related communications by email without leave of the Court.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 3
|SecB. Telephone Calls and Emails
Communication ProtocolNote

Technical ECF questions should be directed to the ECF Help Desk.

Technical questions pertaining to ECF filings should be directed to the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800.

Email

Direct to: Clerk

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 3
|SecB. Telephone Calls and Emails
Communication ProtocolMandatory

Hand-delivered mail must be left with Court Security Officers, not brought directly to Chambers.

Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance... and may not be brought directly to Chambers.

Letter Fax

Direct to: Chambers

Prohibited
  • Status Inquiries
Page 3
|SecC. Hand Deliveries
Communication ProtocolMandatory

For urgent hand-delivered letters, ask Court Security to notify Chambers immediately.

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 filing has arrived that needs to be retrieved by Chambers staff immediately.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 3
|SecC. Hand Deliveries
Communication ProtocolMandatory

Contact ECF Help Desk for contact info changes, not the Court.

For assistance with updating contact information, please contact the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800; do not file a letter-motion advising the Court of the change.

Email

Direct to: Clerk

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 4
|SecF. ECF
Communication ProtocolMandatory

ECF filings are reviewed the next business day; urgent submissions require phone notification to Chambers.

As a general matter, materials filed via ECF are reviewed by the Court the business day after they have been filed. If a submission requires more immediate attention, the filing party should notify Chambers by telephone, consistent with the procedures required by paragraph 2(B), after filing the submission on ECF.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 4
|SecG. Urgent Communications
Format RequirementMandatory

Multi-media filings must be on USB drive and hand-delivered to 200 Worth Street.

Any audio, video, or other multi-media filings shall be submitted on a USB drive and hand-delivered to the 200 Worth Street entrance in accordance paragraph 2(C).

Layout & Binding
Binding Style
Hand Delivery
Required Format

USB Drive

Page 4
|SecH. Multi-Media Filings
Communication ProtocolNote

In-person conferences are held in Courtroom 706 at 40 Foley Square, NY.

Unless otherwise ordered by the Court, all in-person conferences will be held in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York NY, 10007.

In Person

Direct to: Chambers

Page 4
|Sec3. Conferences
Communication ProtocolMandatory

Remote conferences require letter-motion after conferring with all counsel.

If any counsel wishes for a conference to be conducted remotely (by telephone or video), he or she should confer with all other counsel and promptly file a letter-motion to that effect in accordance with paragraph 4(A).

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 4
|Sec3. Conferences
Communication ProtocolNote

Telephone proceedings use the Court's dedicated conference line.

Unless otherwise ordered by the Court, any proceeding held by telephone will be on the Court's dedicated conference line, which can be accessed

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 4
|Sec3. Conferences
Page or Word LimitMandatory

Memoranda of law limited to 8,750 words; reply briefs to 3,500 words

Per Local Civil Rule 7.1, memoranda of law in support of and in opposition to motions (other than motions for reconsideration) are limited to 8,750 words, and reply briefs are limited to 3,500 words.

Page 6
|SecMemoranda of Law
Document RequirementMandatory

Memoranda of 3,500+ words require table of contents and authorities

Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Contents
Table Of Authorities
Page 6
|SecMemoranda of Law
Format RequirementMandatory

Proposed orders must be emailed to Chambers in both PDF and Word formats.

Counsel should also email an electronic copy of any proposed orders to Chambers, in both PDF and Word formats.

Applies When:Document Type Set Undefined
Required Format

DOCX

Page 9
|SecK. Proposed Stipulations and Orders
Communication ProtocolMandatory

Sealed cases may file by email to chambers with specific subject line requirements and no substantive communications in email body.

For cases that are entirely under seal, or where a party is unable to comply with the requirements for electronic filing under seal through the ECF system (or believes that a particular document should not be electronically filed at all), the party shall submit any filing by email—at OetkenNYSDchambers@nysd.uscourts.gov—as a text-searchable .pdf attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    unspecified
Prohibited
  • Hours
    unspecified
  • Status Inquiries
Page 15
|SecSubmission by Email and Sealed Cases
Communication ProtocolMandatory

Electronic device requests must be submitted at least 3 business days before trial/hearing (1 week for Wi-Fi) via email to chambers.

The use of electronic devices (including mobile telephones, personal electronic devices, and computers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468, available at https://nysd.uscourts.gov/sites/default/files/2018-06/standing-order-electronic-devices.pdf. If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website, to the Court by e-mail (OetkenNYSDchambers@nysd.uscourts.gov) as early as possible—and certainly no later than three business days before the start of the trial or hearing, or one week if Wi-Fi is requested. Requests submitted later than three business days prior to the relevant trial or hearing may be denied on that basis alone. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they must be kept turned off at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    3 business days (1 week for Wi-Fi)
Prohibited
  • Hours
    unspecified
  • Status Inquiries
Page 16
|SecUse of Electronic Devices
Communication ProtocolMandatory

Pro se parties must file papers with Pro Se Intake Office, not chambers.

Pro se parties should file papers by mailing or hand-delivering them to the Pro Se Intake Office, Thurgood Marshall U.S. Courthouse, 40 Centre Street, Room 105, New York, NY 10007. Pro se parties should not mail copies of their filings to Judge Oetken’s chambers.

Letter via ECF

Direct to: Intake Unit

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 1
|SecFILING PAPERS
Communication ProtocolImportant

Pro se parties need court permission to file electronically; otherwise must use Pro Se Intake Office.

Pro se parties who have internet access are encouraged to (1) consent to electronic service (via ECF or email); or (2) seek the Court’s permission to file documents through the ECF system or by email to the Court. Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be sent to the Pro Se Intake Office, as noted above.

Email

Direct to: Intake Unit

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 1
|SecFILING PAPERS
Communication ProtocolNote

Pro se parties who consent to electronic service will not receive hard copies of electronically filed documents.

If a pro se party consents to electronic service (via ECF or email) or if the Court grants a motion to participate in “e-filing,” that party will not receive hard copies of any document filed electronically via ECF or served by email.

Email

Direct to: Intake Unit

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 2
|SecFILING PAPERS
Pre-Motion ProcedureMandatory

Discovery disputes require meet-and-confer before filing letter motion (max 4 single-spaced pages).

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party shall promptly file a letter motion, no longer than four single-spaced pages, explaining the nature of the dispute and requesting an informal conference.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length4 pgs
Page or Word LimitMandatory

Opposition to discovery dispute letter motion limited to 4 single-spaced pages, due within 3 business days.

Any opposition to a letter motion seeking relief shall be filed as a letter, not to exceed four pages single-spaced, within three business days.

Communication ProtocolMandatory

Pro se parties must send discovery requests/responses directly to opposing counsel, not to court.

All pro se requests for discovery, and responses to discovery requests, should be sent to counsel for the opposing party. Discovery requests and responses should not be sent to the Court or filed on ECF.

Letter via ECF

Direct to: Adversary

Approved Topics
Discovery
Prohibited
  • Status Inquiries
Page 2
|SecDISCOVERY REQUESTS
Sealing ProtocolMandatory

Deposition transcripts can be designated confidential during deposition or within 30 days after, with entire transcript treated as confidential during the 30-day period.

With respect to deposition transcripts, a producing person or that person’s counsel may designate such portion as Confidential either by (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the transcript of the designated testimony (consisting of question and answer) in a separate volume and mark it as “Confidential Information Governed by Protective Order”; or (b) notifying the reporter and all counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript and/or the specific exhibits that are to be designated Confidential, in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript or exhibit (as the case may be), in their possession or under their control as directed by the producing person or that person’s counsel by the reporter. During the 30-day period following the conclusion of a deposition, the entire deposition transcript will be treated as if it had been designated Confidential.

Protocol

Sealing Procedure

Motion to Seal: NOT REQUIRED
Applicable Categories
Personal InformationTrade SecretsProprietary InformationAttorney Client PrivilegedWork ProductOther
Filing Requirements
Public ECF Filing(Redacted Version)
NO
Delivery to Clerk(Unredacted Version)
NO
Delivery to Chambers(Unredacted Version)
NO
Format & Details
Page 2
|SecParagraph 4
Sealing ProtocolMandatory

PII must be maintained securely and confidentially.

Any Personally Identifying Information ("PII") (e.g., social security numbers, financial account numbers, passwords, and information that may be used for identity theft) exchanged in discovery shall be maintained by the persons who receive such information and are bound by this Protective Order in a manner that is secure and confidential.

Protocol

Sealing Procedure

Applicable Categories
Personal Information
Filing Requirements
Public ECF Filing(Redacted Version)
REQUIRED
Delivery to Clerk(Unredacted Version)
NO
Delivery to Chambers(Unredacted Version)
NO
Format & Details
Page 5
|SecAny Personally Identifying