Judge Jed S. Rakoff
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon Filing
- Upon request
Motions in Limine Motions
- 1 copy • At Least One Week Before Trial
Adjournments
- Adjournment requests must be made within one week of notice.
Communication
Chambers
Chambers
Phone
Chambers
Page & Word Limits3 rules
Case must be ready for trial within five months absent extraordinary circumstances.
Court's wording
In the absence of agreement, the Court, after hearing from counsel, will order a Case Management Plan and schedule at the conference. Absent extraordinary circumstances, the Plan shall provide that the case be ready for trial within five months of the date of the conference.
Each motion in limine is limited to 15 double-spaced pages, but each party is strictly limited to 30 total double-spaced pages for all motions in limine combined, unless it seeks leave of the Court for a greater page limit no later than two weeks before trial.
- Motion in limine
- Up to 15 pages in total per party
- Format
- Double-spaced
- Motions in limine
Exception
More pages with leave of court
Memoranda of law limited to 25 pages (moving/answering) and 10 pages (reply).
- Memorandum of law
- Up to 25 pages
- Reply memorandum
- Up to 10 pages
- Format
- Double-spaced
Court's wording
Unless otherwise specified by the Court, any memorandum of law submitted with the moving papers or the answering papers on any motion is limited to 25 double-spaced pages, and any reply memorandum is limited to 10 double-spaced pages.
Document Format Requirements2 rules
Both the text and footnotes in such memoranda of law must be in 12 point type on 8½ by 11 inch paper (or the electronic equivalent), with Times New Roman type preferred.
- Font
- Times New Roman
- Font size
- 12 points
- Paper size
- Letter
All documents filed on ECF must be word-searchable to the extent reasonably practicable.
Formatting
- •Word searchable
Document Filing Requirements35 rules
Parties must submit discovery planning report one week before conference.
Court's wording
No later than one week prior to the conference, the parties shall furnish the Court with a written report of their agreements or disagreements regarding planning of discovery pursuant to Fed. R. Civ. P. 26(t).
At the initial conference, the Court will issue a binding Case Management Order that, in most cases, will require the case to be ready for trial within five months of the date thereof.
Redline required for any modifications to Court’s Form D beyond filling blanks.
Court's wording
If the parties submit a proposed case management plan that makes any modification to the Court’s Case Management Order Form (Form D) other than filling in the blank lines, they must submit a redline indicating any change from the Court’s Form D.
Interrogatories are strictly limited to those authorized by Local Civil Rule 33.3(a), and no deposition may extend beyond one business day without prior leave of the Court.
Civil parties must email Chambers a case management report and proposed plan 3 business days before initial conference.
- Document
- Case management plan
Must include
- •Proposed case management plan
Court's wording
No later than three business days prior to the initial conference, the parties to a civil case must email Chambers a written report of their agreements or disagreements regarding case management and discovery and a proposed Case Management Plan in a form corresponding to the Court’s Case Management Order Form (Form D).
Discovery and post-discovery motions must be completed before trial-ready date set by Court.
Court's wording
In formulating their Case Management Plan, the parties should bear in mind that all discovery and post-discovery motion practice must be completed prior to the trial-ready date set by the Court, which will appear on the Form D furnished to the parties along with the notice of the initial conference.
Trial-pending exchanges required 21 days before trial (instead of 30).
Court's wording
The trial-pending exchanges among the parties mandated by Fed. R. Civ. P. 26(a)(3) shall be strictly enforced, except that the disclosures prescribed therein may be made 21 (instead of 30) days before trial.
(ii) A particularized description of each party’s remaining claims, counterclaims, cross-claims, or third-party claims (failure to specify which will be deemed a waiver).
Parties must jointly file proposed Pretrial Consent Order 1 week before trial with courtesy copy.
- Document
- Pretrial consent order
Must include
- •Courtesy copy
Court's wording
In addition, in all civil cases, the parties shall jointly file with the Court, no later than one week prior to trial, a proposed Pretrial Consent Order (plus a courtesy hard copy of same for submission to Chambers) consisting of the following items:
(iii) A particularized statement of the specific facts, stipulations, admissions, and other matters on which the parties agree.
(v) A particularized statement of the injunctive relief, declaratory relief, and/ or damages claimed (including amounts) for each claim, counterclaim, cross-claim, or third-party claim.
Pretrial Consent Order must include particularized contentions of disputed facts; non-jury cases require proposed findings post-trial.
Court's wording
(iv) Each party’s particularized contentions as to the specific facts that are disputed. (In addition, in non- jury cases, the parties, following trial, will be required to submit proposed findings of fact, with citations to the record, and proposed conclusions of law.)
(i) A joint overview of the case.
Include
- •Joint overview
Brady/Giglio disclosure schedules apply regardless of other procedural rules
Court's wording
(5) The above time-tables, being necessary to fulfill the constitutional obligations imposed by Brady v. Maryland, Giglio v. United States, and their progeny, apply regardless of whether the Brady Material and Giglio Material also happen to be producible pursuant to the Federal Rules of Criminal Procedure or the Jencks Act and the time-tables applicable thereto.
Criminal parties must deliver witness and exhibit lists to Chambers 3 business days before trial.
- Document
- Witness exhibit list
Must include
- •Exhibit list
Court's wording
Each of the parties in a criminal case must deliver to the Courthouse mailroom for delivery directly to Chambers at least three business days before trial: (a) a final and binding list of the witnesses that the party expects to call (other than the defendant), in the likely order of appearance, and (b) a list of the exhibits that the party expects to offer on its direct case.
Brady Material must be disclosed to defense counsel on specific schedule
Court's wording
Materials and information required to be disclosed pursuant to Brady v. Maryland and its progeny (“Brady Material”) – whether in written or recorded format, or otherwise – must be disclosed to defense counsel according to the following schedule:
Cooperating defendants must propose sentencing date at plea to allow time for substantial assistance demonstration.
Court's wording
With respect to cooperating defendants, counsel will be required at the time of plea to propose a sentencing date that will give the defendant adequate opportunity to demonstrate substantial assistance and provide the Court with adequate opportunity to assess such assistance.
During trial, parties must tender 2 copies of exhibits to bench when offering them.
- Document
- Exhibit
Must include
- •Two copies to bench
Court's wording
(b) In all civil and criminal trials, the parties during trial shall tender to the bench two copies of any exhibit a party seeks to offer into evidence at the same time the party hands the original exhibit to a witness during an examination. Plaintiff’s and defendant’s exhibits shall both be marked by numbers (e.g., “Plaintiff’s Exhibit 1,” “Defendant’s Exhibit 1”).
(3) Absent exceptional circumstances, Giglio Material must be disclosed four weeks prior to the date of the start of trial or guilty plea.
Sentencing submissions due one week before sentencing; responses due two business days before.
Court's wording
Any written submission relating to any sentence must be submitted to the Court at least one week before the date of sentencing, and any response thereto must be submitted to the Court at least two business days before the date of sentencing.
Each party must file its respective papers with the Clerk of the Court on the same date that such papers are served.
Government must continue seeking Brady/Giglio Material from law enforcement agencies
Court's wording
(4) To achieve adequate compliance with the foregoing rules, the Government has a continuing obligation to seek Brady Material and Giglio Material from law enforcement and regulatory agencies that are or have been involved in the prosecution of the defendant or in parallel proceedings or investigations involving the defendant.
Proposed jury charges must be submitted 1 week before trial, with exceptions for unexpected issues.
Court's wording
In all jury cases, whether civil or criminal, proposed jury charges must be submitted to the Court at least one week before trial. Any proposed jury charge submitted thereafter will not be considered by the Court, except upon a showing that the proposed charge relates to an issue that could not reasonably have been expected to arise at trial.
Adopted sentencing dates for cooperating defendants cannot be extended beyond 3 years from plea date.
Court's wording
If adopted by the Court, such sentencing date will not be further extended except upon a showing of unusual circumstances, and in no event will sentencing be adjourned beyond three years from the date of plea.
In all jury cases, whether civil or criminal, proposed voir dire requests must be submitted to the Court at least three business days before the start of jury selection.
Motion papers must include table of authorities with accurate pin/jump citations.
- Document
- Motion
Must include
- •Table of authorities
Court's wording
Motion papers shall consist of moving papers, answering papers, and the moving party's reply papers (when permitted). Any legal memoranda must include a table of authorities, arranged alphabetically, with case citations including accurate pin or jump citations.
Brady Material known at indictment must be disclosed within 2 weeks of filing
Court's wording
(1) Brady Material known to the Government at the time of indictment – other than purely impeachment materials and information required to be produced pursuant to Giglio v. United States and its progeny (“Giglio Material”) – must be produced to defense counsel no later than two weeks following the date of the filing of the indictment, regardless of whether the parties are engaged in plea discussions.
Civil parties must deliver marked-up deposition transcripts to Chambers 3 business days before trial.
- Document
- Deposition transcript
Must include
- •Marked up copies
- •Particularized objections
Court's wording
(a) In all civil cases, the parties shall deliver to the Courthouse mailroom for delivery directly to Chambers at least three business days before trial marked-up copies of the portions of deposition transcripts that each party intends to use at trial, with particularized objections noted thereon in accordance with Fed. R. Civ. P. 26(a)(3).
Brady Material discovered after indictment must be disclosed within 2 weeks or 4 weeks before trial/plea
Court's wording
(2) Brady Material (other than Giglio Material) that becomes known to the Government following filing of the indictment must be disclosed, absent exceptional circumstances, within two weeks of when it becomes known and, in any event, no later than four weeks prior to any trial or guilty plea.
Sentencing normally within 90 days of guilty plea/conviction, except for cooperation agreements.
Court's wording
Sentencing will normally take place within 90 days of the entry of a guilty plea or finding of guilt at trial, except in the case of defendants who have entered into “cooperation agreements” with the Government.
In all civil trials, plaintiff’s counsel will sum up first, followed by defendant’s counsel.
Where there are two or more defense summations, plaintiff’s counsel will normally be permitted a brief rebuttal.
Where there is only one defense summation, plaintiff’s counsel will normally not be permitted a rebuttal summation except in unusual circumstances.
If the dispute concerns a specific document (e.g., a discovery request), the party making the application should be prepared to email a copy of the document to Chambers during the call.
Settlement stipulations cannot provide for reopening within 30 days or jurisdiction beyond 30 days (except injunctive relief).
Court's wording
Except for good cause shown, no such stipulation shall provide for the reopening of the case within 30 days after dismissal or that provides for the Court to retain jurisdiction for more than 30 days following dismissal except to enforce injunctive relief.
Filing & Service rules
Courtesy Copy Requirements
Courtesy hard copies required for post-discovery summary judgment motions.
Additionally, on the same date that any papers are served and filed, counsel filing and serving the papers must arrange to deliver courtesy non-electronic hard copies to the Courthouse for delivery to Chambers.
Civil cases
Motions in limine require courtesy copies to Chambers one week before trial.
All such motions in limine, and any opposition thereto, must be filed with the Clerk of the Court and courtesy copies submitted to Chambers at least one week before trial.
Courtesy copies of motion papers not required unless explicitly requested.
Counsel should be prepared to provide hard copies of motion papers if requested; however, courtesy copies of motion papers should not be provided absent explicit request (although counsel should note that other provisions of these rules require hard-copy courtesy copies for various pre-trial filings).
Sealing & Redaction Procedures
Parties are expected to provide the Court with notice at least three business days before the relevant filing deadline if they wish to file documents under seal.
Parties are expected to provide the Court with notice at least three business days before the relevant filing deadline if they wish to file documents under seal.
Page 13 | Sealing Procedure
When filing documents under seal, parties are expected to provide the Court electronic copies of the underlying documents via email. If hard copies are necessary, they will be requested.
When filing documents under seal, parties are expected to provide the Court electronic copies of the underlying documents via email. If hard copies are necessary, they will be requested.
Page 13 | Sealing Procedure
Sealed documents must be filed in ECF system; redacted public version and unredacted sealed version both required.
After obtaining the Court’s leave, the document must be filed under seal in the ECF system. Where a party has received approval to redact information from a document that is to be publicly filed, that party shall publicly file the document with the redactions, and electronically file under seal a copy of the unredacted document. Both documents must be electronically filed through the ECF system.
Page 13 | Sealing Procedure
Protective order proposals must conform to Court's Model Protective Order
(a) All parties that wish to propose a protective order must, after receiving the Court’s permission in accordance with Rule 2(b), supra, submit a proposed protective order that conforms as closely as possible with the Court’s Model Protective Order, which is available on the Judge’s website.
Modifications to Model Protective Order require redline emailed to Chambers
If the parties alter the Court’s Model Protective Order in any way other than conforming the caption and signatures, they must provide a redline indicating all such modifications by email to Chambers.
Government may seek protective order to delay Brady/Giglio disclosure only in exceptional circumstances
(6) For good cause shown, the Government may seek a protective order delaying disclosure of such materials and information, but applications for such orders should only be made in exceptional circumstances.
Pre-Motion Conference Requirements
If, after successive attempts, counsel for any affected party is unavailable for the call, the initiating party may then send Chambers and all affected counsel an email or a letter, not to exceed two double-spaced pages, describing the efforts made to convene a conference call and briefly describing the proposed motion or application.
If, after successive attempts, counsel for any affected party is unavailable for the call, the initiating party may then send Chambers and all affected counsel an email or a letter, not to exceed two double-spaced pages, describing the efforts made to convene a conference call and briefly describing the proposed motion or application.
Adjournment & Extension Requirements
Adjournment requests must be made within one week of notice.
No application for adjournment will be considered unless made within one week of the date of this notice.
Civil cases
Page 1 | NOTICE OF COURT CONFERENCE
Expert disclosures required by specified dates; no expert testimony beyond scope without permission.
Experts. Every party-proponent of a claim (including any counterclaim, cross-claim, or third- party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by _ _ _ _ _ _ _ _. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by _ _ _ _ _ _ _ _. No expert testimony (whether designated as "rebuttal" or otherwise) will be permitted by other experts or beyond the scope of the opinions covered by the aforesaid disclosures except upon prior express permission of
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN
First document requests must be served by specified date; no requests after 30 days before discovery close.
Documents. First request for production of documents, if any, must be served by _ _ _ _ _ _ _ _ _. Further document requests may be served as required, but no document request may be served later than 30 days prior to the date of the close of discovery as set forth in item 6 below.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN
Rule 33.3(a) interrogatories must be served by specified date; other interrogatories require permission.
Interrogatories. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York must be served by --------=· No other interrogatories are permitted except upon prior express permission of Judge Rakoff.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN
Settlement adjournments require stipulation/letter confirming final settlement.
No adjournments will be granted on the grounds of settlement unless the parties have submitted to Chambers a stipulation or letter on behalf of all parties affirming that the case has been finally settled and that the Court may dismiss the case with prejudice.
Chambers Communication Rules
No ex parte communications with chambers permitted except for limited criminal cases or before notice of appearance.
No ex parte communication with Chambers is permitted, even on consent of opposing counsel, except for those limited applications in criminal cases expressly permitted by statute to be made ex parte or when counsel for a party has not yet entered a notice of appearance.
If counsel for any party seeks to convene a call to Chambers, counsel for all other affected parties are expected to make themselves available for such a call within 24 hours of the request.
If counsel for any party seeks to convene a call to Chambers, counsel for all other affected parties are expected to make themselves available for such a call within 24 hours of the request.
All communications with chambers must be via joint telephone calls; written/email correspondence is prohibited except as authorized.
All communications with Chambers must be by means of joint telephone calls, as described in Rule 2, infra. Correspondence with the Court (whether by letter, email, or otherwise), filing correspondence on ECF or docketing correspondence with the Clerk of Court, and copying the Court on correspondence with others, is strictly forbidden, except as specifically authorized by these rules or expressly requested by the Court.
Email allowed only when authorized; must be PDF attachments to specific chambers email with case caption in subject line.
Where specifically authorized by these rules or expressly requested by the Court, e-mail communication shall be sent to RakoffNYSDChambers@nysd.uscourts.gov as .pdf attachments with copies simultaneously delivered to all counsel. Emails shall state clearly in the subject line (i) the full caption of the case, including the party names and docket number, and (ii) the contents of the email.
All attorneys on phone calls to chambers must be on the docket or have filed pro hac vice motion.
All attorneys participating in a phone conference with Chambers must have appeared on the docket or have filed a motion for pro hac vice admission.
Should any counsel seek to bring an electronic device into the courthouse or seek access to the courthouse WiFi, they should email the Courthouse’s Fillable Form for Electronic Devices to Judge Rakoff’s Courtroom Deputy, Linda Kotowski, at linda_kotowski@nysd.uscourts.gov.
Should any counsel seek to bring an electronic device into the courthouse or seek access to the courthouse WiFi, they should email the Courthouse’s Fillable Form for Electronic Devices to Judge Rakoff’s Courtroom Deputy, Linda Kotowski, at linda_kotowski@nysd.uscourts.gov.
Page 13 | Electronics Orders
Chambers available for phone calls 9:00 AM - 12:30 PM and 1:30 PM - 5:30 PM; no advance scheduling needed within these hours.
The Judge and/or his clerks are normally available to receive telephone calls between 9:00 a.m. - 12:30 p.m. and 1:30 p.m. - 5:30 p.m. If calling within these hours, counsel need not schedule a telephone call to Chambers in advance.
On calls to Chambers, parties should be prepared to state clearly and succinctly (1) the nature of their application (the relief requested of the Court); (2) the reasons for their application; and (3) whether a given application is opposed by another party.
On calls to Chambers, parties should be prepared to state clearly and succinctly (1) the nature of their application (the relief requested of the Court); (2) the reasons for their application; and (3) whether a given application is opposed by another party.
Voicemail messages must include docket number and names/phone numbers of all participating counsel.
If all lines are busy, the call will be transferred to voicemail. Any message left on the Chambers voicemail or with Chambers staff must include the docket number of the case and the names and telephone numbers of all participating counsel.
All affected parties' counsel must participate in phone calls to chambers; lead counsel may be designated.
Counsel for all affected parties must be on the line whenever a telephone call to Chambers is placed; however, all similarly situated parties may, if they wish, designate a “lead” counsel in advance to represent them on any such call.