Judge J. Paul Oetken
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well.
- Adjournment/extension requests must be filed as ECF letter-motions, not ordinary letters.
- Adjournment/extension letter-motions must include original deadline, proposed new deadline, adversary consent status, previous requests, and reasons.
- +4 more
Request must include
- Extension/adjournment requests must be made at least 48 hours before deadline unless emergency.
- Opposition papers due 4 weeks after motion service; reply papers due 2 weeks after opposition service.
- Other parties must file similar Pretrial Statement within 2 weeks of pro se party's filing.
- Requests to extend the time to complete fact discovery must be made at least than 2 business days before this date.
- Modifications/extensions require written application at least 2 business days before deadline.
Communication
Chambers
Phone
Chambers
Phone
Letter via ECF
Chambers
Intake Unit
Page & Word Limits2 rules
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.
- Memorandum of law
- Up to 8,750 words
- Reply brief
- Up to 3,500 words
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.
- Opposition
- Up to 4 pages
- Format
- Single-spaced
- Discovery motions
Document Format Requirements6 rules
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).
Counsel should also email an electronic copy of any proposed orders to Chambers, in both PDF and Word formats.
- File type
- Word
- Proposed order
Formatting
- •Email to chambers
A. Text-Searchable Submissions. Every submission should be in text-searchable format created by converting the document electronically to PDF by computer (that is, not by scanning a printed document). If a PDF is created by scanning a printed document (for instance, in the case of a pre-existing documentary exhibit), the party should use software to make the document text searchable whenever possible.
- File type
Formatting
- •Text-searchable
- •Not scanned
The proposed order accompanying a Speedy Trial Act time-exclusion request must be in Microsoft Word format.
- Proposed order
Formatting
- •The source specifies Microsoft Word format
Court's wording
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 a proposed order (in Microsoft Word format) along with its request for adjournment or extension.
H. Format of Paper Submissions to Chambers. All paper submissions shall be stapled, binder-clipped, spiral- or comb-bound, or three-hole punched and placed in binders (not velo-bound).
Formatting
- •Velo-binding is not permitted
In addition, each party should e-mail those documents, as Microsoft Word documents, to OetkenNYSDChambers@nysd.uscourts.gov.
- File type
- Word
Document Filing Requirements61 rules
After two or more actions have been consolidated for all purposes under a single docket number pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and correspondence should be filed only in the docket under which the cases have been consolidated and should reference only that docket number.
- Document
- All documents
Should include
- •Case number
In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case.
Related cases must include both docket numbers in all future filings.
- Document
- All documents
Must include
- •Case number
Court's wording
After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related (e.g., 12-CV-1234 [rel. 11-CV-4321]).
Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.
- Document
- Memorandum of law
Must include
- •Table of contents
- •Table of authorities
All appendices to memoranda of law must be indexed.
Memoranda of law should include sections discussing the relevant background and facts. Parties should not merely incorporate by reference their Local Civil Rule 56.1 Statements or Counterstatements.
A party seeking a default judgment should not proceed by order to show cause.
Default judgment motion must be filed on ECF after obtaining Clerk's Certificate.
Court's wording
Only after obtaining a Clerk’s Certificate of Default should the party proceed to filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2.
Default judgment motion requires affidavit, damages statement, and memorandum of law.
- Document
- Motion for default judgment
Must include
- •Memorandum of law
- •Attorneys affidavit
- •Statement of damages
Court's wording
Any motion for default judgment must be supported by the following papers: i. an attorney’s affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1); ii. a statement of damages, sworn or affirmed to by one or more people with personal knowledge, showing the proposed damages and the basis for each element of damages, including interest, attorney’s fees, and costs; iii. a memorandum of law setting forth: (a) the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; (b) the procedural history beyond service of the summons and complaint, if any; (c) legal authority for why such service was proper; (d) the basis for subject-matter and personal jurisdiction; (e) whether, if the default is applicable to fewer than all of the counterparties, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; (f) legal authority for why an inquest into damages would be unnecessary;
if the party seeking relief is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on
Absent leave of the Court, each party must file a single memorandum of law, consistent with paragraph 4(C) above, in support of all motions in limine filed by that party.
- Document
- Motion in limine
Must include
- •Single memorandum of law
Motions in limine require certification of good faith conference with opposing counsel.
Court's wording
No motion in limine will be considered or decided unless the moving party’s memorandum of law includes a certification that, prior to filing the motion, the parties conferred, in person or by telephone, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement;
At the time of filing, parties should also submit copies of these documents to the Court by email (OetkenNYSDchambers@nysd.uscourts.gov), both in .pdf format and as a Microsoft Word document;
Electronic copies of exhibits must be submitted with joint pretrial order but not filed on ECF.
Court's wording
Unless otherwise ordered by the Court, the parties shall also submit with the joint pretrial order (but not file on ECF) an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number — e.g., “PX-1,” “DX-1,” etc.).
Parties must update exhibit list daily with identification/admission dates
Court's wording
The parties shall complete the first two columns, but leave the third and fourth columns blank. Unless the Court orders otherwise, the parties shall confer at the end of each trial day and, no later than the beginning of the next trial day, email to the Court an updated list indicating (in the third and fourth columns) each exhibit that was identified and/or admitted.
joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order.
- Document
- Joint pretrial order
Must include
- •Joint requests to charge
- •Joint proposed verdict forms
- •Joint proposed voir dire questions
any party may file the following documents within one week after the filing of the pretrial order, but in no event less than three days before the scheduled trial date: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.
- Document
- Opposition
May include
- •Opposition to legal argument
- •Opposition to motion in limine
Cross-examination list due 3 business days after affidavit submission
Court's wording
Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial.
Non-jury trials require affidavit submissions by email, not ECF
- Document
- Affidavit
Must include
- •Direct testimony
Court's wording
at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email (OetkenNYSDchambers@nysd.uscourts.gov) and serve on opposing counsel, but not file on ECF, the following: i. copies of affidavits constituting the direct testimony of each trial witness,
all deposition excerpts that will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.
- Document
- Deposition synopsis
Include
- •One page synopsis
B. Amended or Corrected Filings. Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing.
- Document
- Amended filing
Must include
- •Redline
Any written communications by a pro se party should state the case name and case number — for example, Jones v. Smith, 20-CV-1234 (JPO) — and should be sent to the Pro Se Intake Office at the above address.
- Document
- Written communication
Should include
- •Case number
Any pro se party who wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for Electronic Case Filing (available at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro- se-cases and in the Pro Se Office).
If the case will be tried before a jury, any parties represented by counsel must submit a proposed jury charge.
Within 30 days after the completion of discovery, or 30 days after a decision denying summary judgment (whichever is later), a pro se party shall file a concise, written Pretrial Statement.
Counsel must provide pro se parties with required notices for certain motions.
Court's wording
Pro Se Notices. Counseled 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.
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 does not need to take any particular form, but it must contain the following: (1) a statement of the facts the pro se party intends to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses whom the party intends to have testify at trial.
The Statement must be sworn by the pro se party to be true and accurate based on the facts known by the party.
Counsel must serve pro se parties with paper copies of electronically filed documents and affirm service.
Court's wording
Absent consent to electronic service, counsel appearing opposite a pro se party shall serve the pro se party with a paper copy of each document that is filed electronically. The Court will not consider submissions filed without an affirmation that the pro se party was so served.
Within 30 days after the completion of discovery, or 30 days after a decision denying summary judgment (whichever is later), if the case is to be tried before only a Judge without a jury, any parties represented by counsel must submit proposed findings of fact and conclusions of law.
Unless otherwise ordered by the Court, contention interrogatories pursuant to Local Civil Rule 33.3(c) must be served no later than thirty (30) days before the close of discovery.
The parties may not make a unilateral decision to stay or halt discovery (on the basis of settlement negotiations or otherwise) in the anticipation of an extension.
Parties must file joint status letter one week after fact discovery deadline with specific content requirements.
Court's wording
The parties are directed to file a joint status letter, one week after the deadline to conclude fact discovery, that includes (1) whether the parties intend to proceed with expert discovery; (2) whether the parties wish to be referred to the District’s mediation program or to a settlement conference before a magistrate judge; (3) proposed dates for summary judgment briefing; or (4) proposed trial dates within six months of the filing of the status letter.
Joint Pretrial Order due within 30 days of close of discovery or decision on dispositive motion.
Court's wording
Unless otherwise ordered by the Court, within thirty (30) days of the close of all discovery, or, if a dispositive motion has been filed, within thirty (30) days of a decision on such motion, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court’s Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3).
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 a proposed order (in Microsoft Word format) along with its request for adjournment or extension.
- Document
- Adjournment or extension request
Must include
- •Proposed order
Any such request shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.
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.
At least two business days before the start of trial, the parties shall submit a flash drive containing electronic copies of all exhibits.
At the start of the trial, each of the parties must provide the Court with two hard copies of the exhibit list, and one set of pre-marked documentary exhibits (and Section 3500 material from the government), assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.
Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity.
Excessively voluminous or otherwise improper Rule 56.1 statements will be stricken and the parties will be directed to refile proper statements.
The parties should provide the Court with an electronic, text-searchable copy of any hearing or deposition transcript, or portion thereof, on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome.
- Document
- Transcript
Should include
- •Text-searchable copy
Witnesses listed by both parties may testify only once without leave of court.
Court's wording
Absent leave of the Court, a witness listed by both sides shall testify only once (with the defendant permitted to go beyond the scope of the direct on cross-examination), and counsel should confer with respect to scheduling;
Undue burden on electronic submission allows request for hard copy exhibits via letter-motion.
Court's wording
If submission of electronic copies would be an undue burden on a party, the party may seek leave of the Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy, which should be pre-marked with exhibit numbers.
For any request to charge or proposed voir dire question on which the parties cannot agree, each party should clearly set forth its proposed charge or question, and briefly state why the Court should use its proposed charge or question, with citations to supporting authority.
- Document
- Requests to charge
Should include
- •Supporting authority
E-mails 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.
All faxes must clearly identify the person in Chambers who authorized the sending of the fax and copies must simultaneously be faxed or delivered to all parties.
Prior to the date set for the plea, defense counsel are expected to have reviewed with the defendant—if necessary, with the assistance of an interpreter—any Pimentel letter or plea, cooperation, or other agreement.
Defense counsel and the defendant should execute any plea or cooperation agreement prior to the time set for the plea.
The defendant should also be prepared in advance of a guilty plea to give narrative allocutions that incorporate all of the elements of the offense(s) to which the defendant is pleading guilty.
If a party cites a case not available in an official reporter, it should not provide copies of the case to Chambers if the case is available on Westlaw or Lexis.
The Court strongly encourages parties to confer and file a joint statement of undisputed material facts.
- Document
- Joint statement of undisputed facts
Include
- •Joint statement
(If the files are too large for submission by email, follow the directives for multi-media filings, see paragraph 2(H) above.)
The pro se party may also file either proposed findings of fact and conclusions of law or a proposed jury charge within 30 days of the close of discovery, but is not required to do so.
Initial requests for production of documents shall be served by ______________________.
Requests to admit shall be served by ______________________.
The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ______________________.
If the parties contemplate the need for a protective order, they shall file such a proposed order by ______________________.
Interrogatories pursuant to Local Civil Rule 33.3(a) shall be served by ______________________.
All motions governed by FRCP, Local Civil Rules, and Judge's Individual Rules.
Court's wording
All motions and applications shall be governed by the Federal Rules of Civil Procedure, the Local Civil Rules of the Southern District of New York [available at https://www.nysd.uscourts.gov/rules] and the Court’s Individual Rules and Practices in Civil Cases [available at https://www.nysd.uscourts.gov/hon-j-paul-oetken].
Absent leave memorandum of law, consistent with paragraph 4(C) above, even when seeking to exclude the testimony of multiple experts.
- Document
- Motion to exclude expert testimony
Include
- •Memorandum of law
Filing & Service rules
Electronic Filing Rules
Counsel must register for ECF promptly after being retained or assigned.
Counsel are required to register for Electronic Case Filing (ECF) promptly after being retained or assigned.
Criminal cases
Page 1 | Electronic Case Filing (ECF)
The Government is responsible for filing all victim letters.
The Government is responsible for filing all letters from victims.
Criminal cases
Page 4 | 8. Sentencing — D. Letters
Every document in a sentencing submission, including letters, is expected to be filed publicly in paper or through ECF using one of the specified procedures.
The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record either in paper form or through the ECF system, using one of the following two procedures:
Criminal cases
Page 4 | 8. Sentencing — C. Public Filing
The defendant is responsible for filing all letters submitted on the defendant’s behalf, including letters from friends and relatives.
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives.
Criminal cases
Page 4 | 8. Sentencing — D. Letters
Filing Timing and Cure Windows
When the Government provides a Pimentel letter, Chambers must receive a copy at least one business day before the scheduled plea.
Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least one business day before the scheduled plea.
Criminal cases
Page 3 | 6. Guilty Pleas — A. Plea Agreements and Pimentel Letters
A copy of a plea or cooperation agreement ordinarily must reach Chambers at least one business day before the scheduled plea.
When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement ordinarily must be received by Chambers at least one business day before the scheduled plea.
Criminal cases
Page 3 | 6. Guilty Pleas — A. Plea Agreements and Pimentel Letters
A written bail-modification request must be filed at least 48 hours before the pertinent event or date.
Any written request for a bail modification shall be filed at least 48 hours before the pertinent event or date.
Criminal cases
Page 3 | 5. Bail Modification
Service and Proof of Service Rules
Unless the Court orders otherwise, the defendant’s sentencing submission must be served two weeks before sentencing.
Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing.
Criminal cases
Page 4 | 8. Sentencing — B. Sentencing Submissions
The Government’s sentencing submission must be served one week before sentencing.
The Government’s sentencing submission shall be served one week in advance of the date set for sentencing.
Criminal cases
Page 4 | 8. Sentencing — B. Sentencing Submissions
Courtesy Copy Requirements
The Assistant United States Attorney must email the Court a courtesy copy of the indictment and any criminal complaint as soon as practicable.
The Assistant United States Attorney shall also e-mail a courtesy copy of the indictment and the criminal complaint, if one exists, to the Court (OetkenNYSDChambers@nysd.uscourts.gov) as soon as practicable.
Criminal cases
Page 1 | Communications with Chambers — Initial Pretrial Conference
The exhibit list must be supplied in two hard copies at the start of trial.
At the start of the trial, each of the parties must provide the Court with two hard copies of the exhibit list, and one set of pre-marked documentary exhibits (and Section 3500 material from the government), assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.
Criminal cases
Page 4 | 7. Trials — B. Exhibits and 3500 Material
The parties should provide the Court two hard-copy courtesy copies of each sentencing submission when it is served.
The parties should provide the Court with two courtesy hard copies of each submission when it is served.
Criminal cases
Page 4 | 8. Sentencing — B. Sentencing Submissions
Each party should submit two hard-copy courtesy copies of its proposed voir dire, jury instructions, and verdict form when filing.
At the time of filing, each party should submit two courtesy hard copies of its proposed voir dire, proposed jury instructions, and a proposed verdict form to the Court.
Criminal cases
Page 4 | 7. Trials — A. Proposed Voir Dire, Jury Instructions, and Verdict Forms
C. No Courtesy Copies. Unless the Court orders otherwise, or as provided otherwise in these Rules (see, e.g., paragraph 6(C)(iv) regarding sealed cases), parties should not submit courtesy copies of any submissions.
C. No Courtesy Copies. Unless the Court orders otherwise, or as provided otherwise in these Rules (see, e.g., paragraph 6(C)(iv) regarding sealed cases), parties should not submit courtesy copies of any submissions.
Civil cases
Sealing & Redaction Procedures
if the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers at OetkenNYSDchambers@nysd.uscourts.gov) and then call Chambers at (212) 805-0266
if the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers at OetkenNYSDchambers@nysd.uscourts.gov) and then call Chambers at (212) 805-0266
Civil cases
Page 9 | L. Applications for Temporary Restraining Orders
All redactions/sealing require court approval except for sensitive/caution categories
Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval.
Civil cases
Page 14 | Redactions and Sealed Filings
The party should meet and confer with any opposing
The party should meet and confer with any opposing
Civil cases
Page 14 | Redactions and Sealed Filings
Two categories of information may be redacted without court approval
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 14 | Redactions and Sealed Filings
Redacted documents require letter-motion, public filing of redacted version, and sealed filing of unredacted version with redactions highlighted.
Where a party seeks leave to file a document in redacted form, the party shall file a 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.
Civil cases
Page 15 | Redacted Document(s)
The party shall 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 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). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.
The party shall 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 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). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.
Civil cases
Page 15 | Sealed Document(s)
Opposing parties must file letter explaining need to seal/redact within 3 business days when requested by another party.
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 15 | Sealed Document(s)
With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.
With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.
Civil cases
Page 2 | Paragraph 3
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.
Civil cases
Page 2 | Paragraph 4
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.
Civil cases
Page 5 | Any Personally Identifying
Leave required before filing redacted or sealed documents.
No person may file with the Court redacted documents or documents under seal without first seeking leave to file such papers.
Civil cases
Page 5 | Court shall comply
Sealed filings require public redacted copies via ECF.
Any Party filing a motion or any other papers with the Court under seal shall also publicly file a redacted copy of the same, via the Court’s Electronic Case Filing system, that redacts only the Confidential Discovery Material itself, and not text that in no material way reveals the Confidential Discovery Material.
Civil cases
Page 5 | Any Party filing
Confidential materials must be returned or destroyed within 30 days after case ends.
This Protective Order shall survive the termination of the litigation. Within 30 days after the final disposition of this action, all Discovery Material designated as "Confidential," and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed.
Civil cases
Page 6 | This Protective Order
Redactions beyond the eleven Privacy Policy categories require an application served and filed with the sentencing submission that identifies and explains the redaction, for consideration at sentencing.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
Criminal cases
Only pages containing redacted material are filed under seal, and a marked copy of those pages must be brought to sentencing for filing under seal.
If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. 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 the Court for filing under seal.
Criminal cases
Court unlikely to seal trial evidence or summary judgment materials.
All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial or supporting or refuting any motion for summary judgment, even if such material has previously been sealed or designated as Confidential.
Civil cases
Page 5 | All persons are hereby
Unless a party requests that a letter be filed under seal, parties should assume substantive letters will be docketed.
Absent a request to file a letter under seal, the parties should assume that any substantive letter will be docketed by the Court.
Criminal cases
Page 2 | Communications with Chambers — Docketing of Letters
Parties may redact the specified sensitive and cautionary information categories 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.
Criminal cases
Filing Bundling Requirements
Electronically filed sentencing letters must be grouped as attachments to one document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
Criminal cases
Page 4 | 8. Sentencing — C. Public Filing — ii. ECF Filing
Paper-filed sentencing letters must be grouped into one filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number, and submitted to the Clerk’s Office.
If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.
Criminal cases
Page 4 | 8. Sentencing — C. Public Filing — i. Paper Filing
Trial readiness date set within two weeks of Joint Pretrial Order due date.
The parties shall be ready for trial on ______________________. [Absent exceptional circumstances, a date within two weeks following the Joint Pretrial Order due date.]
Civil cases
Pre-Motion Conference Requirements
Sur-reply memoranda require prior Court permission
Sur-reply memoranda will not be accepted without prior permission of the Court.
Civil cases
Page 6 | Memoranda of Law
If the parties contemplate filing summary judgment motion(s), they shall first confer and jointly propose a briefing schedule for such motion(s) in a letter to the Court.
If the parties contemplate filing summary judgment motion(s), they shall first confer and jointly propose a briefing schedule for such motion(s) in a letter to the Court.
Civil cases
Page 7 | G. Summary Judgment Motions
Expert testimony exclusion motions must be filed by dispositive motion deadline.
Unless the Court orders otherwise, motions to exclude the testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny, must be made by the deadline for dispositive motions and should not be treated as motions in limine.
Civil cases
Page 7 | I. Motions to Exclude Testimony of Experts
If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.
If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.
Civil cases
Page 8 | J. Default Judgment Motions
Clerk's Certificate of Default required before default judgment motion.
If a failure to answer is the basis for the default, the party seeking a default judgment must begin by seeking a Clerk’s Certificate of Default pursuant to Local Civil Rule 55.1.
Civil cases
Page 8 | J. Default Judgment Motions
Extensions and adjournments must be requested via letter-motion, not proposed stipulations or orders.
As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.
Civil cases
Page 9 | K. Proposed Stipulations and Orders
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.
Civil cases
The defendant, replacement counsel, and the Assistant United States Attorney must attend the conference concerning substituted counsel and counsel’s application to be relieved.
When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the Assistant United States Attorney must also attend the conference.
Criminal cases
Page 3 | 3. Defense Counsel — B. Substitution of Counsel
Defense counsel subject to a conflict from a benefactor payment must inform the Court and request a Curcio hearing at the first conference.
Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, counsel must inform the Court and request a Curcio hearing at the first conference.
Criminal cases
Page 3 | 3. Defense Counsel — A. Benefactor Payments
Additional oral argument request requires letter, not letter-motion
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—not a letter-motion—explaining the reason on ECF.
Civil cases
Page 6 | Oral Argument on Motions
Oral argument not routine; request by marking cover page
The Court does not routinely hold oral argument on motions. But a party may request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law.
Civil cases
Page 6 | Oral Argument on Motions
Adjournment & Extension Requirements
Parties must seek consent from opposing parties before requesting adjournments or extensions.
Before requesting an adjournment or an extension of time, parties must first seek consent from the opposing party or parties—and parties are strongly encouraged to consent to reasonable requests.
Civil cases
Page 3 | D. Requests for Adjournments or Extensions of Time
Adjournment/extension requests must be filed as ECF letter-motions, not ordinary letters.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders.
Civil cases
Page 3 | D. Requests for Adjournments or Extensions of Time
Adjournment/extension letter-motions must include original deadline, proposed new deadline, adversary consent status, previous requests, and reasons.
The letter-motion must state: (1) the original deadline and the proposed new deadline; (2) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; (3) the number of previous requests for adjournment or extension, and whether those previous requests were granted or denied; and (4) the reasons for the requested adjournment or extension.
Civil cases
Page 3 | D. Requests for Adjournments or Extensions of Time
Extension/adjournment requests must be made at least 48 hours before deadline unless emergency.
Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance.
Civil cases
Page 4 | D. Requests for Adjournments or Extensions of Time
Extension requests made after original deadline are ordinarily denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Civil cases
Page 4 | D. Requests for Adjournments or Extensions of Time
Opposition papers due 4 weeks after motion service; reply papers due 2 weeks after opposition service.
Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within four weeks of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of service of opposition papers.
Page 2 | MOTIONS
Other parties must file similar Pretrial Statement within 2 weeks of pro se party's filing.
Two weeks after the pro se party files his or her Statement, the other parties shall file and serve a similar Statement of their case containing the same information.
Page 2 | TRIAL
Summary judgment motions must be filed within 14 days after close of discovery.
Unless otherwise ordered by the Court, any motion for summary judgment shall be filed within 14 days after the close of discovery.
Page 2 | MOTIONS
Requests to extend the time to complete fact discovery must be made at least than 2 business days before this date.
Requests to extend the time to complete fact discovery must be made at least than 2 business days before this date.
Civil cases
Page 2 | 7(a)
Modifications/extensions require written application at least 2 business days before deadline.
This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 7(i)) shall be made in a written application in accordance with Court’s Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended.
Civil cases
Page 5 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Adjournment and extension requests must be written, follow Paragraph 2.C, include “SCHEDULING” in the email subject, and state the original dates, prior-request history and outcomes, and adversary consent or reasons for refusal.
All requests for adjournments or extensions of time must be made in writing, consistent with Paragraph 2.C above and with the word “SCHEDULING” included in the e-mail subject line, and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (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.
Criminal cases
Page 2 | Communications with Chambers — Requests for Adjournments or Extensions of Time
Except in an emergency, extension and adjournment requests must be made at least 48 hours before the deadline or scheduled appearance; sentencing adjournment requests must be made at least 72 hours before the proceeding.
Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance, and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceeding.
Criminal cases
Page 2 | Communications with Chambers — Requests for Adjournments or Extensions of Time
A sentencing adjournment request should be made as early as possible and no later than 72 hours before the proceeding, subject to Paragraph 2.F.
Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 2.F above.
Criminal cases
Page 4 | 8. Sentencing — A. Sentencing Adjournments
If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well.
If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well.
Civil cases
Page 3 | D. Requests for Adjournments or Extensions of Time
Extension requests made after the original deadline ordinarily will be denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Criminal cases
Page 2 | Communications with Chambers — Requests for Adjournments or Extensions of Time
Deadlines in paragraphs 7(b) through 7(h) can be extended by written consent of all parties without court application, provided fact discovery is completed by paragraph 7(a) deadline.
Any of the deadlines in paragraphs 7(b) through 7(h) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 7(a).
Civil cases
Page 2 | 7(i)
Chambers Communication Rules
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.
Civil cases
Page 3 | C. Hand Deliveries
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.
Civil cases
Page 3 | B. Telephone Calls and Emails
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.
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.
Civil cases
Page 3 | C. Hand Deliveries
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).
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).
Civil cases
Page 3 | B. Telephone Calls and Emails
Substantive case-related communications by email require court permission.
Counsel may not submit substantive case-related communications by email without leave of the Court.
Civil cases
Page 3 | B. Telephone Calls and Emails
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).
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).
Civil cases
Page 4 | 3. Conferences
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.
Civil cases
Page 4 | F. ECF
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.
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.
Civil cases
Page 4 | G. Urgent Communications
the parties should also submit copies of these documents to the Court by email (OetkenNYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.
the parties should also submit copies of these documents to the Court by email (OetkenNYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.
Civil cases
Page 13 | Trial Submissions and Procedures
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.
Civil cases
Page 15 | Submission by Email and Sealed Cases
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.
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.
Page 1 | FILING PAPERS
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.
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.
Page 2 | DISCOVERY REQUESTS
Unless a matter requires immediate attention or another provision applies, communications with the Court must be letters filed electronically on ECF under the applicable SDNY rules.
Except for matters requiring immediate attention or as otherwise provided below, communications with the Court shall be by letter, filed electronically on ECF in accordance with the SDNY Local Rules and Electronic Case Filing Rules.
Criminal cases
Page 1 | Communications with Chambers — Letters
Upon assignment of a criminal case, the Assistant United States Attorney must immediately call the Courtroom Deputy to arrange a conference or arraignment.
Upon assignment of a criminal case to Judge Oetken, the Assistant United States Attorney shall immediately call Bruce Hampton, the Courtroom Deputy, to arrange for a conference or arraignment.
Criminal cases
Page 1 | Communications with Chambers — Initial Pretrial Conference
Other communications with Chambers, including extension and adjournment requests, must be made by letter filed on ECF, subject to Paragraph 2.C.
Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter filed on ECF in accordance with Paragraph 2.C.
Criminal cases
Page 1 | Communications with Chambers — Telephone Calls
After substitution of defense counsel, counsel of record must promptly contact the Courtroom Deputy to schedule a conference, which the defendant, replacement counsel, and the Assistant United States Attorney must attend.
When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the Assistant United States Attorney must also attend the conference.
Criminal cases
Page 3 | 3. Defense Counsel — B. Substitution of Counsel
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.
Page 1 | FILING PAPERS
A letter containing confidential or sensitive information that cannot be filed on ECF may be emailed to the Court as a PDF attachment, with copies simultaneously delivered to all counsel.
Letters containing confidential or sensitive information that cannot be filed on ECF may be sent by e-mail as a .pdf attachment to the Court (OetkenNYSDChambers@nysd.uscourts.gov), with a copy simultaneously delivered to all counsel.
Criminal cases
Page 1 | Communications with Chambers — Letters
Call the Courtroom Deputy for questions unanswered by the Rules or urgent matters requiring immediate attention.
For questions that cannot be answered by reference to these Rules or for urgent matters requiring immediate attention, call Bruce Hampton, Courtroom Deputy, at (212) 805-4701.
Criminal cases
Page 1 | Communications with Chambers — Telephone Calls
The Court will disregard communications included in the body of an email.
Any communications in the body of an e-mail will be disregarded.
Criminal cases
Page 2 | Communications with Chambers — Letters
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers, except by representatives of the United States Attorney’s Office or the Federal Defenders of New York.
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers, except by representatives of the United States Attorney’s Office or the Federal Defenders of New York.
Criminal cases
Page 2 | Communications with Chambers — Hand Deliveries
The Court will disregard faxes sent without prior permission.
Faxes sent without prior permission will be disregarded.
Criminal cases
Page 2 | Communications with Chambers — Faxes
Counsel must not send the Court copies of correspondence between them.
Copies of correspondence between counsel shall not be sent to the Court.
Criminal cases
Page 2 | Communications with Chambers — Letters
Substantive communications must appear in the letter, not in the body of the email.
Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the body of the letter.
Criminal cases
Page 2 | Communications with Chambers — Letters
Faxes require prior Chambers approval, granted only in rare circumstances, and may not exceed five pages.
Faxes are not permitted except with prior approval of Chambers, which will be granted only in rare circumstances, and must not exceed 5 pages in length.
Criminal cases
Page 2 | Communications with Chambers — Faxes
For an urgent hand-delivered letter requiring immediate attention, ask Court Security Officers to notify Chambers so staff can retrieve it 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 package has arrived that needs to be retrieved by Chambers staff immediately.
Criminal cases
Page 2 | Communications with Chambers — Hand Deliveries
Plea or cooperation agreements and Pimentel letters should be emailed to the Court at the stated address.
These documents should be e-mailed to the Court at OetkenNYSDChambers@nysd.uscourts.gov.
Criminal cases
Page 3 | 6. Guilty Pleas — A. Plea Agreements and Pimentel Letters
Each party should email the proposed voir dire, jury instructions, and verdict form as Microsoft Word documents to Chambers.
In addition, each party should e-mail those documents, as Microsoft Word documents, to OetkenNYSDChambers@nysd.uscourts.gov.
Criminal cases
Page 4 | 7. Trials — A. Proposed Voir Dire, Jury Instructions, and Verdict Forms
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.
Civil cases
Page 3 | B. Telephone Calls and Emails
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
Civil cases
Page 4 | 3. Conferences
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.
Civil cases
Page 4 | 3. Conferences
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.
Page 2 | FILING PAPERS
Questions about these practices may be directed to the Courtroom Deputy by phone.
If you have any questions about these practices, please contact Bruce Hampton, Courtroom Deputy, at (212) 805-4701.
Criminal cases
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.
Civil cases
Page 16 | Use of Electronic Devices
Junior Lawyer Participation Incentives
Junior attorneys encouraged to participate in proceedings
The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at
Civil cases
Page 5 | Participation by Junior Attorneys
Additionally, a party should advise the Court by letter if oral argument would be handled by a less experienced attorney because, as discussed in paragraph 3(E) above, that may make the Court more inclined to hold oral argument.
Additionally, a party should advise the Court by letter if oral argument would be handled by a less experienced attorney because, as discussed in paragraph 3(E) above, that may make the Court more inclined to hold oral argument.
Civil cases
Page 6 | Oral Argument on Motions