Judge Jesse M. Furman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- Late extension requests are ordinarily denied.
- Adjournment/extension requests must be ECF letter-motions, not ordinary letters.
- Adjournment/extension requests must be in writing with specific required elements
- +2 more
Request must include
- Adjournment/extension requests require 48-hour advance notice (except emergencies).
- Adjournment/extension requests require 48-hour advance notice (except emergencies)
- Pretrial Statement due within 30 days of discovery completion or summary judgment ruling.
- Opposition papers due within 30 days; reply papers due within 2 weeks.
- Extension requests must be filed at least 2 business days before deadline.
Communication
Chambers
Intake Unit
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits15 rules
Unless otherwise ordered by the Court, letters may not exceed five pages in length.
Letter
5 pages
Applies to: Attorney
the parties must comply with the briefing schedule and the format and length specifications set forth in the Federal Rules of Bankruptcy Procedure 8014-8018 unless otherwise ordered by the Court.
Brief
Memoranda of law limited to 8,750 words (support/opposition) and 3,500 words (reply), with specific formatting requirements.
The typeface, margins, spacing, and length of motion papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for reconsideration, Local Civil Rule 6.3). 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
8,750 words
Applies to: Attorney
Time limits imposed at final pretrial conference for civil cases; opening statements and witness exams count against time.
In most civil cases, the Court will impose time limits on both sides at the final prehearing or pretrial conference. The parties’ opening statements (in civil jury trials) and examinations of witnesses will count against their time; lengthy colloquies before the jury will be split down the middle. The time limits do not apply to jury selection or to summations; the Court may impose separate time limits for summations. The parties should be prepared to address the issue of time limits at the final prehearing or pretrial conference.
Trial Proceeding
Motion briefs: 8,750 words (attorney/computer) or 25 pages (pro se/handwritten); reply briefs: 3,500 words or 10 pages.
The formatting and length of motion papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for reconsideration, Local Civil Rule 6.3). As set forth in Local Civil Rule 7.1(c): If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words; if filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word-count limitations. The person preparing the certificate may rely on the word count of the word- processing program used to prepare the document. The certificate must state the number of words in the document.
8,750 words
Applies to: Attorney
25 pages
Applies to: Pro Se
Reply
3,500 words
Applies to: Attorney
Reply
10 pages
Applies to: Pro Se
Fact discovery must be completed within 120 days of initial pretrial conference.
All fact discovery shall be completed no later than ______________________. [A date not more than 120 days following the initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]
Fact Discovery
Initial document requests must be served within 30 days of initial pretrial conference.
Initial requests for production of documents shall be served by ____________________. [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference.]
Document Request
contention interrogatories pursuant to Local Civil Rule 33.3(c) must be served no later than thirty (30) days before the close of
Contention Interrogatories
Interrogatories pursuant to Local Civil Rule 33.3(a) shall be served by _____________________. [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference.]
Interrogatories
Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within three business days.
Opposition
3 pages
Applies to: Attorney
Absent leave of Court, by Thursday of the week prior to any future conference, the parties shall file on ECF a joint letter, not to exceed three (3) pages, regarding the status of the case.
Joint Status Letter
3 pages
Applies to: Attorney
Sentencing memoranda limited to 25 pages; defendant must file 2 weeks before sentencing, government 1 week before; parties must file letter if not submitting substantive memorandum.
Unless prior permission has been granted, sentencing memoranda are limited to twenty-five pages. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed and served two weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be filed and served one week in advance of the date set for sentencing. If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect.
Sentencing Memorandum
25 pages
Applies to: Attorney
Memoranda of law in support of and in opposition to motions are limited to twenty-five pages, and reply memoranda are limited to ten pages.
25 pages
Applies to: Attorney
Reply Memorandum
10 pages
Applies to: Attorney
In a single defendant criminal case in which the defendant has 10 and the Government 6 peremptory challenges, plus 1 each with respect to alternates, see Fed. R. Crim. P. 24, the Court will voir dire 32 panelists (12 jurors + 2 alternates + 10 peremptories for the defendant + 6 peremptories for the Government + 1 peremptory for the defendant for the alternates + 1 peremptory for the Government for the alternates).
Jury Selection
Whether filed electronically or not, letters (together with any related exhibits) may not exceed ten pages in length.
Letter
10 pages
Applies to: Attorney
Document Format Requirements8 rules
A. Text Searchable Submissions. Judge Furman reads most submissions in electronic form using an iPad or computer. Accordingly, if feasible, 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.
A. Use of Electronic Devices. Electronic devices (including mobile telephones, personal electronic devices, and computers) may not be used in Judge Furman's Courtroom without his permission.
If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.
Large exhibit files may be submitted in hard copy with specific formatting requirements.
(If the files are too large for submission by email, see Paragraph 1(C) above.) 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. Each hard copy shall be pre-marked (that is, with an exhibit sticker) and assembled sequentially in a loose leaf binder (not to exceed 2 1/2 inches in thickness) or in separate manila folders labeled with the exhibit numbers and placed in redweld folders labeled with the case name and docket number;
Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.
Submissions should be in text-searchable PDF format when feasible.
Judge Furman reads most submissions in electronic form using an iPad or computer. Accordingly, if feasible, 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).
All letter-motions should be text searchable.
All memoranda of law shall be in twelve-point font or larger, double spaced, and text-searchable.
Document Filing Requirements53 rules
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.
DocumentAmended Filing
Related cases must include both docket numbers in all future filings.
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.
DocumentAll
parties should file on ECF all proposed stipulations and orders that they wish the Court to sign, using the appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17-19 & App’x A. As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.
DocumentProposed Stipulation Order
the files with calculations (i.e., versions of the files in their original format, such as in ".xlsx"), which shall be emailed to Chambers at Furman_NYSDChambers@nysd.uscourts.gov;
DocumentCalculation Files
a copy of the affidavit of service of the summons and complaint; and
DocumentAffidavit Of Service
Certificate of service required for default judgment documents
a certificate of service stating that all documents in support of the request for default judgment have been personally served on or mailed to the party against whom default judgment is sought, pursuant to Local Civil Rule 55.2(a)(3).
DocumentDefault Judgment
copies of all the operative pleadings;
DocumentOperative Pleadings
a proposed default judgment;
DocumentDefault Judgment
Joint pretrial order due 30 days after discovery completion or dispositive motion ruling
no later than thirty days after the date for the completion of all discovery or, in the event a dispositive motion is filed, no later than thirty days after the Court’s ruling on such motion, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court (Furman_NYSDChambers@nysd.uscourts.gov) a proposed joint pretrial order
DocumentJoint Pretrial Order
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:
DocumentOpposition To Motion In Limine
At the time of filing, the parties should also submit copies of these documents to the Court by email (Furman_NYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.
DocumentJoint Requests To Charge
Non-jury trial parties must email affidavits and deposition excerpts to chambers but not file on ECF.
at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email (Furman_NYSDChambers@nysd.uscourts. gov) and serve on opposing counsel, but not file on ECF, the following:
DocumentNon Jury Trial Submissions
Default judgment motions must include attorney’s affidavit, sworn statement of damages, and memorandum of law with specific elements.
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;
DocumentMotion For Default Judgment
Memoranda of law should include sections discussing the relevant background and facts. Parties should not merely incorporate by reference their Local Rule 56.1 Statements or Counterstatements.
DocumentMemorandum Of Law
All appendices to memoranda of law must be indexed.
DocumentMemorandum Of Law
Single motion and consolidated memorandum required for expert testimony exclusion, even for multiple experts.
Absent leave of the Court, the moving party must file a single motion and single, consolidated memorandum of law, consistent with Paragraph 4(C) above, even when seeking to exclude the testimony of multiple experts.
DocumentMotion To Exclude Expert Testimony
Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.
DocumentMemorandum Of Law
Sur-reply memoranda will not be accepted without prior permission of the Court.
DocumentSur Reply
When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters. In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions.
DocumentLetter Motion
The parties shall email to the Court (Furman_NYSDChambers@nysd. uscourts.gov) a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” 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
DocumentExhibit List
Witnesses must be present and ready when called; failure to have next witness results in deemed rest.
Counsel shall ensure that each witness is present and ready to take the stand when that witness’s turn to testify arrives. If a witness finishes his or her testimony, and the side calling that witness does not have another witness present and ready to testify, that side will be deemed to have rested, and the Court will proceed to the next phase of the proceeding.
Submissions filed without proof of service that the pro se party was served will not be considered.
Counsel must serve paper copies to pro se parties without ECF consent and file Affidavit of Service
Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service.
DocumentAll
Pro se notices required for motions to dismiss, judgment on pleadings, or summary judgment.
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 whichever notices are required under Local Civil Rules 12.1 and 56.2.
DocumentMotion
Additional pretrial filings required with Pretrial Statement (findings of fact for bench trials, voir dire/jury charge/verdict form for jury trials).
If the case is to be tried before only a Judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement. If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement.
DocumentPretrial Statement
Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than ______________________.
DocumentInitial Disclosure
Joint Pretrial Order due within 30 days of discovery close or dispositive motion decision.
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). The parties shall also follow Paragraph 6 of the Court’s Individual Rules and Practices for Civil Cases, which identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine.
DocumentJoint Pretrial Order
Jury trial: joint requests to charge, verdict forms, voir dire due with Joint Pretrial Order. Bench trial: proposed findings and conclusions due with Joint Pretrial Order.
If this action is to be tried before a jury, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed on or before the Joint Pretrial Order due date in accordance with the Court’s Individual Rules and Practices. Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A). If this action is to be tried by the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court’s Individual Rules and Practices.
DocumentJoint Pretrial Order
Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed.
DocumentJoint Pretrial Order
Exhibits and 3500 material must be provided electronically before trial; if undue burden, may seek leave to submit on CD/DVD or in hard copy with specific formatting requirements.
Before trial, each party must provide the Court with all documentary exhibits and Section 3500 material in electronic form (with each filename corresponding to the relevant exhibit number — e.g., “GX-1,” “DX-1,” etc.) by using USAfx or the Court’s filing transfer program in accordance with Paragraph 2(B). If submission of electronic copies in this manner would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit materials on a CD or DVD (not a flash drive) or in hard copy. Where submitted in hard copy, exhibits and Section 3500 material should be pre-marked and assembled sequentially in a loose leaf binder or binders (not to exceed 2 1/2 inches in thickness), or in separate manila folders labeled with the exhibit numbers and placed in redweld folders labeled with the case name and docket number.
DocumentExhibits
Parties must email exhibit list to chambers before trial with specific columns; update daily during trial with identification/admission dates.
Before trial, each party shall e-mail to the Court (Furman_ NYSDChambers@nysd.uscourts.gov) a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The submitting party 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.
DocumentExhibit List
All sentencing submission documents must be filed on ECF unless sealed or redacted.
Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF. For guidance on making submissions under seal or in redacted form, see Paragraph 10.
DocumentSentencing Submission
Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers no fewer than two business days before the scheduled plea.
DocumentPimentel Letter
Bail modification requests must be filed as letter-motions on ECF with consent indication.
Any written request for a bail modification by a defendant shall be filed on ECF as a letter- motion (not an ordinary letter) and shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.
DocumentBail Modification Request
Any discovery motion must contain the Rule 16.1 affidavit.
DocumentDiscovery Motion
All appendices to memoranda of law must be indexed.
DocumentMemorandum Of Law
Plea agreements must be received by Chambers 2 business days before plea.
When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement, signed or unsigned, ordinarily must be received by Chambers at least two business days before the scheduled plea.
DocumentPlea Agreement
Memoranda of ten pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.
DocumentMemorandum Of Law
Daily exhibit list updates required by email to chambers during trial.
the parties shall email to the Court (Furman_NYSDChambers@nysd. uscourts.gov) a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” 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
DocumentExhibit List
All parties should be prepared to confirm on the record that the laptop and exhibit list meet the foregoing requirements before they submitted to the jury.
DocumentExhibit List
Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling, or punctuation should be ignored.
DocumentTranscript
Peremptory challenges exercised in courtroom against specific panelist ranges.
Once all challenges for cause have been heard and decided, the parties will then exercise their peremptory challenges (in the Courtroom) against the panelists who compose the potential members of the regular jury (in the ordinary criminal case, against the first 28 panelists) and, in criminal cases, the potential alternates (in a case where 2 alternates are to be selected, panelists 29 through 32).
DocumentJury Selection
Simultaneous peremptory challenges; no additional challenges for overlaps.
Peremptory challenges will be exercised simultaneously, with each party submitting a written list of the panelists it wishes to excuse. Any overlap among the lists of challenges will not result in parties receiving additional challenges.
DocumentJury Selection
The jurors will be selected starting with the unchallenged juror with lowest number from the relevant pool (e.g., 1 through 28 for the regular jury and 29 through 32 for the alternates).
DocumentJury Selection
Jury selection uses struck panel method with specific panelist calculations.
The Court will select jurors using the struck panel method as follows. The Court will conduct a voir dire of a number of panelists computed by totaling: the number of jurors to be selected (8 in most civil cases and 12 in criminal cases); the number of alternates (none in civil cases and usually 2 in criminal cases); and the number of peremptory challenges.
DocumentJury Selection
With respect to any deposition that is supplied, whether in whole or in part, in connection with a summary judgment motion, the index to the deposition should be included if it is available.
DocumentSummary Judgment Motion
Parties should not propose standard jury instructions unless good reason exists; instead, provide list of appropriate standard instructions and focus on case-specific requests.
Absent good reason, the parties should not include proposed language for standard instructions (about, for example, the role of the Court and the jury, the standard of proof, etc.), as the Court is likely to use its own standard instructions; instead, the parties should include a list of standard instructions that they believe are appropriate and focus their attention on case-specific requests to charge.
DocumentJury Instructions
Filing & Service rules
Courtesy Copy Requirements
D. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
D. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Page 2 | Guidelines for All Submissions
No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.
No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.
Criminal cases
Page 2 | Guidelines for All Submissions
D. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
D. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Civil cases
Sealing & Redaction Procedures
TRO filing procedures: under seal with URGENT: TRO subject for ex parte; ECF + service + email for notice
if the party seeking relief (1) 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 Furman_NYSDChambers@nysd.uscourts.gov) and then email Chambers with the words "URGENT: TRO" in the subject; or (2) is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers, copying all other parties, with the words "URGENT: TRO" in the subject.
Page 9 | Other Pretrial Guidance
All redactions or sealing of public court filings require court approval except for specified categories.
Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.
Page 14 | 7. Redactions and Sealed Filings
The party should meet and confer with any opposing
The party should meet and confer with any opposing
Page 14 | 7. Redactions and Sealed Filings
in advance to narrow the scope of the request. 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.
in advance to narrow the scope of the request. 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.
Page 15 | Sealed Document(s)
File letter-motion seeking leave to redact on ECF, with redacted copy publicly filed and unredacted copy filed under seal
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.
Page 15 | Redacted Document(s)
File letter-motion seeking leave to seal on ECF, with sealed document filed under seal and related to motion
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.
Page 15 | Sealed Document(s)
Two categories of information may be redacted without court approval: sensitive information (SSNs, minor children names, DOBs, account numbers, home addresses) and information requiring caution (personal identifying numbers, medical records, employment history, financial information, proprietary information, cooperation information).
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.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).
Criminal cases
Page 6 | A. Redactions Not Requiring Court Approval
D. Procedure for Filing Sealed Documents.
D. Procedure for Filing Sealed Documents.
Criminal cases
Page 7 | D. Procedure for Filing Sealed Documents
C. Procedures for Filing Documents with Redactions. Any party seeking to file a document with partial redactions should follow the following three steps:
C. Procedures for Filing Documents with Redactions. Any party seeking to file a document with partial redactions should follow the following three steps:
Criminal cases
Page 7 | C. Procedures for Filing Documents with Redactions
Two categories of information may be redacted without court approval: sensitive information and information requiring caution.
The parties are referred to Rule 5.2 of the Federal Rules of Civil Procedure and the Southern District’s ECF Privacy Policy (“Privacy Policy”). 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.”
Page 14 | 7. Redactions and Sealed Filings
Sealed/sensitive letters may be emailed as PDF to chambers with copies to counsel.
Any letter to be filed under seal or containing sensitive or confidential information may be e-mailed as a text-searchable PDF attachment to the Court (Furman_NYSD Chambers@nysd.uscourts.gov) with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).
Criminal cases
Page 3 | Communications with Chambers
Filing Bundling Requirements
To avoid redundancy, the Court will, in most instances, set a briefing schedule with deadlines for (1) one party to file the initial motion; (2) the other party to file a cross-motion, with a single, consolidated memorandum of law supporting the cross-motion and opposing
To avoid redundancy, the Court will, in most instances, set a briefing schedule with deadlines for (1) one party to file the initial motion; (2) the other party to file a cross-motion, with a single, consolidated memorandum of law supporting the cross-motion and opposing
Civil cases
Page 4 | Paragraph 11
Pre-Motion Conference Requirements
Extensions/adjournments require letter-motion, not proposed stipulations
requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.
Page 9 | Other Pretrial Guidance
A party should confer with his or her adversary before making an application for a temporary restraining order unless the party seeking relief is able to satisfy the requirements for obtaining temporary relief without notice to the adverse party set forth in Rule 65(b)(1) of the Federal Rules of Civil Procedure.
A party should confer with his or her adversary before making an application for a temporary restraining order unless the party seeking relief is able to satisfy the requirements for obtaining temporary relief without notice to the adverse party set forth in Rule 65(b)(1) of the Federal Rules of Civil Procedure.
Page 9 | Other Pretrial Guidance
If both sides intend to file summary judgment motions, the parties should confer and propose (by letter-motion or orally at a conference) a briefing structure, schedule, and page limits.
If both sides intend to file summary judgment motions, the parties should confer and propose (by letter-motion or orally at a conference) a briefing structure, schedule, and page limits.
A party seeking a default judgment should not proceed by order to show cause.
A party seeking a default judgment should not proceed by order to show cause.
Expert testimony exclusion motions must be filed by dispositive motion deadline, not as motions in limine.
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.
Discovery disputes must be resolved by conference before filing letter-motion (max 3 pages).
If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.
Page 3 | Discovery
Summary judgment motions due 30 days after discovery closes; opposition due 2 weeks after service; reply due 1 week after opposition
Summary judgment motions, if applicable, must be filed within thirty (30) days of the close of fact or expert discovery (whichever is later). Unless otherwise ordered by the Court, any opposition to such a motion must be filed two (2) weeks after the motion is served on the opposing party, and any reply must be filed one (1) week after service of any opposition.
Civil cases
Page 4 | Paragraph 11
Discovery disputes require meet-and-confer before filing 3-page letter-motion
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, in accordance with the Court’s Individual Rules and Practices in Civil Cases, promptly file a letter-motion, no longer than three pages, explaining the nature of the dispute and requesting an informal conference.
Civil cases
Page 4 | Paragraph 10
Expert testimony exclusion motions must be filed within 30 days of discovery close, with specific briefing schedule and single motion requirement.
Any motion 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 filed within thirty (30) days of the close of fact or expert discovery (whichever is later). Unless otherwise ordered by the Court, any opposition to such a motion must be filed two (2) weeks after the motion is served on the opposing party, and any reply must be filed one (1) week after service of any opposition. Absent leave of the Court, any party moving to exclude expert testimony must file a single motion and single, consolidated memorandum of law, consistent with Paragraph 4(C) of the Court’s Individual Rules and Practices for Civil Cases, even when seeking to exclude the testimony of multiple experts.
Civil cases
Motions in limine require certification of good faith conference between parties before filing.
No motion in limine will be considered or decided unless the moving party’s submission 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.
Criminal cases
Page 5 | D. Motions in Limine
Motions in limine require certification of good faith conference with opposing counsel before filing.
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. 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;
Civil cases
If both sides intend to file summary judgment motions, the parties should confer and propose (no later than one week after the close of discovery) a briefing structure, schedule, and page limits.
If both sides intend to file summary judgment motions, the parties should confer and propose (no later than one week after the close of discovery) a briefing structure, schedule, and page limits.
Civil cases
Page 4 | Paragraph 11
Court typically sets consolidated briefing schedule for summary judgment motions with initial motion, cross-motion, and replies.
The Court will, in most instances, set a briefing schedule with deadlines for: (1) one party to file the initial motion; (2) the other party to file a cross-motion, with a single, consolidated memorandum of law supporting the cross-motion and opposing the initial motion; (3) the first party to file a single, consolidated memorandum of law replying in support of the initial motion and opposing the cross-motion; and (4) the cross-moving party to file a reply in support of the cross-motion.
Pre-motion conferences not required except for discovery disputes.
Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 3(D) above.
Adjournment & Extension Requirements
Adjournment/extension requests require 48-hour advance notice (except emergencies).
Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance.
Page 3 | Paragraph 4(D)
Adjournment/extension requests must be 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.
Page 3 | Paragraph 4(D)
Adjournment/extension requests must be in writing with specific required elements
All requests for adjournments or extensions of time must be made in writing 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; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court as well as any other existing deadlines.
Page 1 | Communications with Chambers
Adjournment/extension requests require 48-hour advance notice (except emergencies)
Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance.
Page 2 | Communications with Chambers
Opposition papers due within 30 days; reply papers due within 2 weeks.
Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.
Page 3 | Motions
Pretrial Statement due within 30 days of discovery completion or summary judgment ruling.
Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following: (1) a statement of the facts the plaintiff hopes to prove at trial; (2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff. If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office. Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.
Page 4 | Trial Documents
Extension requests must be filed at least 2 business days before deadline.
Any application to modify or extend the dates herein (except as provided in Paragraph 7(f)) shall be made in a written application in accordance with Court’s Individual Rules and Practices for Civil Cases and shall be made no fewer than two (2) business days prior to the expiration of the date sought to be extended.
Civil cases
Page 7 | Extension Requirements
Sentencing adjournment requests must be made no later than 72 hours before the proceeding.
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 3(D) above.
Criminal cases
Page 6 | A. Sentencing Adjournments
Late extension requests are ordinarily denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Page 3 | Paragraph 4(D)
Extension requests after deadline expiration are ordinarily denied
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Page 2 | Communications with Chambers
Extensions generally not granted after deadlines have passed.
Absent exceptional circumstances, extensions will not be granted after deadlines have already passed.
Civil cases
Page 8 | Extension Restrictions
Extension requests after deadline are ordinarily denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Criminal cases
Bail modification requests for travel must be made 48 hours in advance.
Absent an emergency, any such request with respect to travel or the like shall be made at least 48 hours in advance.
Criminal cases
Late bail modification requests may be denied.
Late requests may be denied on that basis alone.
Criminal cases
Adjournment/extension requests must be made at least 48 hours in advance (except emergencies).
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
Criminal cases
Page 4 | Communications with Chambers
Adjournment/extension requests must be 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 in accordance with Paragraphs 3(C) and 5(A), not as ordinary letters.
Criminal cases
Page 4 | Communications with Chambers
Chambers Communication Rules
Substantive case communications by email require Court permission.
Counsel may not submit substantive case-related communications by email without leave of the Court.
Page 3 | Paragraph 4(B)
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).
Page 3 | Paragraph 4(B)
Hand-delivered mail must be left with Court Security Officers, not brought to Chambers.
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.
Page 3 | Paragraph 4(C)
Parties must email counsel names/honorifics 24 hours before teleconference (max 2 per party).
At least twenty-four hours before a scheduled teleconference, the parties must jointly email to the Court the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel — absent permission of the Court, no more than two per party — who may speak during the teleconference.
Page 4 | Paragraph 3(B)
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).
Page 4 | Paragraph 3(A)
Email letter-motion to chambers for non-ECF filing with specific subject line requirements
Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF, or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email (at Furman_NYSDChambers@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.
Page 15 | Submission by Email
Daily exhibit list updates required by email with specific timing.
The parties shall email to the Court (Furman_NYSDChambers@nysd. uscourts.gov) a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” 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
If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at Furman_NYSDChambers@nysd. uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case and the nature and size of the materials to be submitted electronically. In criminal cases, the Government may use USAfx.
If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at Furman_NYSDChambers@nysd. uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case and the nature and size of the materials to be submitted electronically. In criminal cases, the Government may use USAfx.
Page 2 | D. Electronic Filing and Large File Transfer
Attorneys participating in a hearing or trial may obtain authorization to use the Court’s WiFi system in Judge Furman’s Courtroom during the proceeding. Counsel may request Wi-Fi access by email when submitting the Electronic Device and Wi-Fi Access Request Form referenced above — no later than three business days before the start of the trial or hearing. If approved and signed by Judge Furman, a copy of the Order will be sent to the requesting attorney, who will receive a network name, username, password, and instructions from the District Executive’s Office on or before the first day of the scheduled proceeding. Wi-Fi access is limited to the approved attorney (who may not share his or her username or password with others) for the duration of the proceeding and for Courtroom 24B (unless Judge Furman or another judicial officer grants permission for it to be used in another courtroom). If an attorney wishes to test the Wi-Fi prior to the proceeding, that request must also be made to Chambers at least three business days prior to the proceeding.
Attorneys participating in a hearing or trial may obtain authorization to use the Court’s WiFi system in Judge Furman’s Courtroom during the proceeding. Counsel may request Wi-Fi access by email when submitting the Electronic Device and Wi-Fi Access Request Form referenced above — no later than three business days before the start of the trial or hearing. If approved and signed by Judge Furman, a copy of the Order will be sent to the requesting attorney, who will receive a network name, username, password, and instructions from the District Executive’s Office on or before the first day of the scheduled proceeding. Wi-Fi access is limited to the approved attorney (who may not share his or her username or password with others) for the duration of the proceeding and for Courtroom 24B (unless Judge Furman or another judicial officer grants permission for it to be used in another courtroom). If an attorney wishes to test the Wi-Fi prior to the proceeding, that request must also be made to Chambers at least three business days prior to the proceeding.
Page 2 | C. Wi-Fi Access
Updated exhibit lists required daily by email before next trial day.
Per the Court’s Individual Rules and Practices for Civil and Criminal Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), 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 exhibit list indicating each exhibit that was identified and/or admitted during trial.
Page 2 | E. Exhibit Lists
If a party wishes to use audio-visual equipment at a hearing or trial, it is that party’s responsibility to ensure that any required approvals are obtained and that the necessary equipment is set up and working properly in advance of trial. A list of the technology already set-up in Judge Furman’s Courtroom can be found in Attachment B. The party should contact Alexandra Smallman, Courtroom Deputy, at (212) 805-0282, sufficiently in advance of trial to make the necessary arrangements for a technology walk-through and to test the equipment. To the extent that authorization is required to use electronic devices, a party must submit an Electronic Device and Wi-Fi Access Request Form, which is available on the Court’s website. The completed Form should be submitted as early as possible — and certainly no later than three business days before the start of the trial or hearing.
If a party wishes to use audio-visual equipment at a hearing or trial, it is that party’s responsibility to ensure that any required approvals are obtained and that the necessary equipment is set up and working properly in advance of trial. A list of the technology already set-up in Judge Furman’s Courtroom can be found in Attachment B. The party should contact Alexandra Smallman, Courtroom Deputy, at (212) 805-0282, sufficiently in advance of trial to make the necessary arrangements for a technology walk-through and to test the equipment. To the extent that authorization is required to use electronic devices, a party must submit an Electronic Device and Wi-Fi Access Request Form, which is available on the Court’s website. The completed Form should be submitted as early as possible — and certainly no later than three business days before the start of the trial or hearing.
Page 2 | B. Audio-Visual Needs
If counsel plan to use a deposition at a hearing or trial, for impeachment or any other purpose, a copy of the deposition should be provided to the Court in advance of the hearing or trial session during which the deposition is to be used.
If counsel plan to use a deposition at a hearing or trial, for impeachment or any other purpose, a copy of the deposition should be provided to the Court in advance of the hearing or trial session during which the deposition is to be used.
Page 3 | H. Hearing and Trial Practices
Demonstrative exhibits in opening statements require advance notice to opposing counsel and court.
If counsel intends to use a demonstrative exhibit during his or her opening statement, he or she shall confer with opposing counsel and advise the Court in advance.
Page 3 | H. Hearing and Trial Practices
All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed to the Pro Se Office following the instructions in Paragraph 2(B) below.
All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed to the Pro Se Office following the instructions in Paragraph 2(B) below.
Page 1 | Communications with Chambers
Pro se parties cannot call chambers directly; must contact Pro Se Office
Pro se parties may not call the Court directly; any questions should be directed to the Pro Se Office at (212) 805-0175.
Page 1 | Communications with Chambers
Pro se parties cannot send documents directly to chambers
No documents or court filings may be sent directly to Chambers.
Page 1 | Communications with Chambers
Counsel must meet in person for at least one hour to discuss settlement within 14 days of fact discovery close.
All counsel must meet in person for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery.
Civil cases
Parties must contact Magistrate Judge's chambers to schedule settlement discussions.
The parties shall contact the Chambers of the Magistrate Judge assigned to this case on or before _________________ in order to schedule settlement discussions under his/her supervision _______________________________.
Civil cases
Electronic device request form must be submitted at least 3 business days before trial/hearing
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 (Furman_NYSDChambers@nysd.uscourts.gov) as early as possible — and certainly no later than three business days before the start of the trial or hearing.
Criminal cases
Page 8 | A. Use of Electronic Devices
Urgent matters may be emailed to Chambers with 'URGENT' in subject line.
For questions that cannot be answered by reference to these Rules or for urgent matters requiring immediate attention, email Chambers with the word “URGENT” in the subject.
Page 3 | Paragraph 4(B)
If a submission requires more immediate attention, the filing party should notify Chambers by telephone after filing the submission on ECF.
If a submission requires more immediate attention, the filing party should notify Chambers by telephone after filing the submission on ECF.
Page 4 | Paragraph 4(G)
Sidebars strongly disfavored; issues should be raised in advance of trial.
Sidebars during jury trials are strongly disfavored. Counsel are expected to anticipate any issues that might require argument and to raise those issues with the Court in advance of the time that the jury will be hearing the evidence, ideally in advance of the final pretrial conference.
Page 3 | H. Hearing and Trial Practices
Device requests submitted less than 3 business days before trial may be denied
Requests submitted later than later than three business days prior to the relevant trial or hearing may be denied on that basis alone.
Criminal cases
Page 8 | A. Use of Electronic Devices
C. Submission of Large Electronic Files. The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at Furman_NYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case and the nature and size of the materials to be submitted electronically.
C. Submission of Large Electronic Files. The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at Furman_NYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case and the nature and size of the materials to be submitted electronically.
Page 2 | Guidelines for All Submissions
The email should also provide the telephone numbers from which counsel expect to join the call.
The email should also provide the telephone numbers from which counsel expect to join the call.
Page 4 | Paragraph 3(B)
In-person conferences are held in Courtroom 24B unless otherwise ordered.
Unless otherwise ordered by the Court, all in-person conferences will be held in Courtroom 24B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York NY.
Page 4 | Paragraph 3(A)
Telephone proceedings use Court's dedicated conference line with specific access code.
Unless otherwise ordered by the Court, any proceeding held by telephone will be on the Court’s dedicated conference line, which can be accessed by calling (855) 244-8681 and then entering Access Code 2303 019 3884, followed by the pound (#) key.
Page 4 | Paragraph 3(B)
If both sides intend to call a particular witness, the parties shall confer in an effort to ensure that the witness does not need to be called twice. Where a defense witness is called by the plaintiff (or a rebuttal witness is called by a defendant), the Court will allow counsel to go beyond the scope of the direct examination on cross-examination to avoid the need for the witness to be recalled.
If both sides intend to call a particular witness, the parties shall confer in an effort to ensure that the witness does not need to be called twice. Where a defense witness is called by the plaintiff (or a rebuttal witness is called by a defendant), the Court will allow counsel to go beyond the scope of the direct examination on cross-examination to avoid the need for the witness to be recalled.
Page 3 | H. Hearing and Trial Practices
Pro se parties can email papers as PDF attachments to prose@nysd.uscourts.gov
emailing them as an attachment in PDF format to prose@nysd.uscourts.gov, in which case the pro se party should follow the instructions contained in the April 1, 2020 Addendum to the Court’s ECF Rules & Instructions, available at https://www.nysd.uscourts.gov/electronic-case-filing;
Page 2 | Filing of Papers and Service
Pro se parties can file on ECF after motion for permission is granted
filing them on the ECF System if the pro se party has filed a motion to participate in ECF (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) and been granted such permission by the Court.
Page 2 | Filing of Papers and Service
Pro se parties can file papers in person or by mail to Pro Se Office
A pro se party may file papers with the Court by: i. delivering them in person or mailing them to the Pro Se Office, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Room 250, New York, New York 10007;
Page 2 | Filing of Papers and Service
Initial case management conference scheduled within 4 months, held remotely by default.
Absent a motion to dismiss, the Court will generally schedule an initial case management conference within four months of the filing of the complaint. The Notice of Initial Pretrial Conference will be docketed on ECF and mailed to the pro se party or parties. Unless and until the Court orders otherwise, the conference will be held remotely by telephone using the Court’s dedicated conference line, which can be access by calling (855) 244-8681 and then entering Access Code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound key again. If any party wishes for the conference to be conducted in person or by videoconference, he or she should confer with all other parties and promptly file a letter-motion to that effect with the Court.
Page 4 | Initial Case Management Conference
The Government should use USAfx to transfer large files to the Court. If USAfx is unavailable or another party needs to submit large files by email (as opposed to ECF), the party should email the Court (at Furman_NYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer.
The Government should use USAfx to transfer large files to the Court. If USAfx is unavailable or another party needs to submit large files by email (as opposed to ECF), the party should email the Court (at Furman_NYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer.
Criminal cases
Page 2 | Guidelines for All Submissions
Communications with Chambers must be by ECF letter/motion; urgent matters call Courtroom Deputy.
Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with Paragraphs 3(C) and 5(A). For questions that cannot be answered by reference to these Rules or for urgent matters requiring immediate attention, call Alexandra Smallman, Courtroom Deputy, at (212) 805-0282.
Criminal cases
Page 3 | Communications with Chambers
Except for matters requiring immediate attention or as otherwise provided below, communications with the Court should be by letter filed on ECF. Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter-motions in accordance with Paragraph 5(A) below, not as ordinary letters.
Except for matters requiring immediate attention or as otherwise provided below, communications with the Court should be by letter filed on ECF. Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter-motions in accordance with Paragraph 5(A) below, not as ordinary letters.
Criminal cases
Page 3 | Communications with Chambers
Plea agreements and Pimentel letters should be emailed to specific address.
These documents should be e-mailed to the Court at Furman_NYSDChambers@nysd.uscourts.gov.
Criminal cases
Court conducts voir dire; sidebar/robing room for sensitive issues.
The panelists will be voir dired (by the Court, not counsel) in the Courtroom. If issues are raised that are better discussed outside the presence of the entire panel (e.g., sensitive issues, requests to be excused, etc.), the Court will follow-up with the individual jurors either at sidebar or in the robing room.
Page 6 | Procedures for Jury Selection
Electronic devices require permission; request form must be submitted at least 3 business days before trial/hearing
Electronic devices (including mobile telephones, personal electronic devices, and computers) may not be used in Judge Furman's Courtroom without his permission. More broadly, the use of any such devices 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 (Furman_NYSDChambers@nysd.uscourts.gov) as early as possible — and certainly no later than three business days before the start of the trial or hearing. Requests submitted later than 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.
Page 16 | A. Use of Electronic Devices
Junior Lawyer Participation Incentives
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.
Oral argument not heard in pro se matters unless otherwise ordered.
Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.
Page 4 | Motions