Judge Jessica G. L. Clarke
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Not required
Courtesy copies
- Not required
Proposed Order
Adjournments
- By _____________ [one week after the close of expert discovery], the parties shall submit a post-discovery joint status letter, as outlined in Section 3(e) of the Court’s Individual Rules and Practices in Civil Cases.
- Post-discovery joint status letter due one week after fact discovery closes.
- ESI-related orders or stipulations must be filed within 30 days of this order.
- Joint Pretrial Order due within 30 days of close of all discovery or decision on dispositive motion.
- Applications to modify or extend dates must be made in writing at least two business days before the deadline.
- Fact discovery deadlines can be extended by written consent of all parties without court application.
- Expert discovery interim deadlines can be extended by written consent of all parties without court application.
- Written requests to reschedule conferences or extend deadlines must include specific required elements
- +2 more
Request must include
- Extension or rescheduling requests must be made at least 72 hours in advance (except emergencies)
- Extension/adjournment requests must be made at least 48 hours before deadline/appearance unless emergency
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits7 rules
Memoranda of law in connection with a motion in limine are limited to 10 pages. No reply briefs shall be filed.
- Memorandum of law
- Up to 10 pages
- In limine motions
The pretrial memorandum and response each shall not exceed 10 pages.
- Pretrial memorandum
- Up to 10 pages
In most civil cases, the Court will impose time limits on both sides at the final prehearing or pretrial conference.
Letters may not exceed 1,050 words in length (exclusive of exhibits or attachments) without prior permission from the Court.
- Letter
- Up to 1,050 words
words or more shall contain a table of contents and table of authorities, neither of which shall count against the word limit.
Memoranda of law in support of and in opposition to motions are limited to 8,750
- Memorandum of law
- Up to 8,750 words
Diversity jurisdiction cases require 700-word letter explaining citizenship basis before initial pretrial conference
- Diversity jurisdiction letter
- Up to 700 words
Court's wording
In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file a letter to the Court on ECF no longer than 700 words explaining the basis for that party's belief that diversity of citizenship exists.
Document Format Requirements6 rules
All documents must be filed electronically via ECF unless otherwise provided.
Court's wording
a. Electronic Case Filing ("ECF"). In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except for as otherwise expressly provided, all documents filed with the Court must be filed electronically.
b. Text Searchable Submissions. All written submissions and supporting materials must be text-searchable to the extent practicable.
Deposition transcripts that are supplied in connection with a summary judgment motion, whether in whole or in part, should be text-searchable and include an index.
- Deposition transcript
Formatting
- •Text-searchable
- •Include index
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 ClarkeNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically. The Government may use USAfx.
Formatting
- •Large files require email request for transfer link with case details
All written submissions and supporting materials must be text-searchable to the extent practicable.
Formatting
- •Text-searchable
Pro se parties may file papers in person, by mail, email (PDF), or ECF (with permission)
- File type
Court's wording
a Pro Se Party. A pro se party may file papers with the Court by: i. delivering them in person to the Pro Se Office (address listed above); ii. mailing them to the Pro Se Office; iii. emailing them as an attachment in PDF format to Pro_Se_Filing@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; or iv. 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.
Document Filing Requirements91 rules
Non-jury cases require filing and emailing proposed findings to chambers in PDF and Word formats.
Court's wording
Unless otherwise ordered by the Court, at the time the Joint Pretrial Statement is filed, the parties shall file as well as email to the Court (ClarkeNYSDChambers@nysd. uscourts.gov) both in .pdf format and as a Microsoft Word document:
At the time of filing, parties should also submit copies of these documents to the Court by email (ClarkeNYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.
Jury cases require joint proposed voir dire, requests to charge, and verdict sheet with Joint Pretrial Statement.
- Document
- Joint pretrial submission
Must include
- •Joint verdict sheet
- •Joint proposed voir dire
Court's wording
In all jury cases, the parties shall file joint case-specific proposed voir dire questions, joint proposed case specific requests to charge (in plain English) and a joint verdict sheet at the same time as the parties file the Joint Pretrial Statement.
Affidavits required for direct testimony of most trial witnesses (excluding certain categories).
- Document
- Affidavit
Include
- •Direct testimony
Court's wording
Copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena or a person for whom the Court has agreed to hear direct testimony live at the trial.
Excel exhibit list required with six specific columns for all exhibits sought to be admitted.
- Document
- Exhibit list
Must include
- •Six columns
Court's wording
A Microsoft Excel document listing all exhibits sought to be admitted. The list shall contain six columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Authenticity Objection”; (4) “Admissibility Objection”; (5) “Date Identified”; and (6) “Date Admitted.”
Electronic copies of exhibits required with filenames matching exhibit numbers; criminal cases need Section 3500 material.
- Document
- Exhibit electronic copy
Include
- •Section 3500 material for criminal
Court's wording
An electronic copy of each exhibit sought to be admitted, and if a criminal case, Section 3500 material, with each filename corresponding to the relevant exhibit number (e.g., “GX-1,” “PX-1,” “DX-1,” etc.).
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 excerpts
Include
- •One page synopsis
- •Substantive evidence
Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom counsel intends to cross-examine at the trial.
All instructions to the jury will be in plain language that is as understandable as possible to non-lawyers.
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.
Parties must confer on demonstrative objections before final pretrial conference; unresolved objections must be filed 2 business days in advance.
Court's wording
Prior to the final pretrial conference, the parties shall confer in an effort to resolve any objections to the demonstrative aids. Any objections that are not resolved shall be identified in a letter filed at least two business days in advance of the final pretrial conference.
Counsel must notify Court and other counsel in writing of witness scheduling problems at earliest possible time.
Court's wording
Counsel shall notify the Court and other counsel in writing, at the earliest possible time, of any particular scheduling problems involving witnesses so that other arrangements can be made to fill the trial day.
Demonstratives that will not be introduced into evidence need not be listed, but they must be shared with the Court and opposing counsel.
If counsel intends to publish hard copies of documentary exhibits to the jury rather than using the Court’s audio-visual system, a separate copy should be provided for each juror to avoid unnecessary delay.
Court time may not be used for marking exhibits. Exhibits shall be pre- marked, and if possible, pre-admitted in advance of the court session.
A party shall first raise any issue with the opposing party before raising the issue with the Court, including anticipated evidentiary and legal issues that require argument.
The parties are expected to present witnesses throughout the entire trial day.
Where a hard copy exhibit is used, sufficient copies should be made, as appropriate, for witnesses, opposing counsel, jurors, the court reporter, any interpreters and the Court.
Unless good cause is shown, if a party does not have another witness available on a given day, that party will be deemed to have rested.
Submissions filed without proof of service that the pro se party was served will not be considered.
Submission of the consent form is required to receive electronic service.
Counsel must serve paper copies to pro se parties without electronic service consent and file affidavit of service
Court's wording
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.
Deposition transcripts that are supplied in connection with a summary judgment motion should be text-searchable if possible and include an index if it is available. Deposition transcripts must be supplied in whole and may not be excerpted. Parties should still cite to particular pages when relying on a deposition transcript for support.
Dispositive motions require providing briefs and authorities to pro se parties
- Document
- Dispositive motion
Must include
- •Brief
- •Caselaw authority
Court's wording
Parties filing any dispositive motions must provide incarcerated pro se parties with a copy of their supporting brief and copies of any caselaw or authority cited therein. The movant must also provide copies of the same upon request by non-incarcerated pro se parties.
Rule 56.1 statements for incarcerated pro se parties must be mailed with extra spacing
- Document
- Summary judgment motion
Must include
- •Rule 56.1 statement
Court's wording
In cases with an incarcerated pro se party, a represented moving party shall mail their Rule 56.1 Statement, modified only to include extra spacing between each numbered paragraph, to the mailing address on the docket.
At the time of filing, a represented party should e-mail these documents to the Court (ClarkeNYSDChambers@nysd.uscourts.gov), in both .pdf and Microsoft Word formats.
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.
If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office.
Jury trials require proposed voir dire, jury charge, and verdict form.
- Document
- Pretrial statement
Must include
- •Proposed jury charge
- •Proposed verdict form
- •Proposed voir dire questions
Court's wording
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.
Judge-only trials require proposed findings and conclusions of law.
- Document
- Pretrial statement
Must include
- •Proposed findings of fact
Court's wording
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.
Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.
- Document
- Bail modification request
Must include
- •Letter motion
Government must email plea agreements to Chambers within 3 business days before plea.
Court's wording
The Government shall provide a copy of the plea agreement, cooperation agreement or Pimentel letter to the Court. These documents should be emailed to Chambers as soon as practicable and no later than three business days before the scheduled plea.
The defendant should also be prepared in advance of a guilty plea to give a narrative allocution that incorporates all of the elements of that offense(s) to which the defendant is pleading guilty.
- Document
- Allocution
Should include
- •Narrative allocution
Bail appeal requires 24-hour advance submission of transcript, written submissions, and Pretrial Services report.
- Document
- Bail appeal
Should include
- •Transcript
- •Written submissions
- •Pretrial services report
Court's wording
A party who wishes to appeal an adverse bail determination by the Magistrate Judge should contact Chambers to arrange a conference for that purpose. The party that brings the appeal is directed to provide the Court no fewer than 24 hours before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail and Pretrial Services' report as to the defendant.
Prior to the date set for the plea, defense counsel is 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 shall execute any plea or cooperation agreement prior to the time set for the plea.
Sentencing submissions must be filed on ECF with letters grouped as attachments.
- Document
- Sentencing submission
Must include
- •Caption and docket number
Court's wording
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. Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated.
Defendant's sentencing submission due 3 weeks before; Government's due 2 weeks before sentencing.
Court's wording
Unless otherwise ordered by the Court, a defendant's sentencing submission shall be served three weeks in advance of the date set for sentencing. The Government's sentencing submission shall be served two weeks in advance of the date set for sentencing.
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.
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.
- Document
- Discovery motion
Must include
- •Rule 16.1 affidavit
Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. In particular, in accordance with Section 2(b) above, all requests for adjournments and extensions should be filed as letter-motions. All letter-motions should be text searchable.
- Document
- Letter motion
Should include
- •Text-searchable
Any attorney using Generative Artificial Intelligence ("GAI") in connection with the filing of a pleading, motion, or paper in this Court or the serving/delivering of a request, response, or objection to discovery must
- Document
- Pleading
Must include
- •AI disclosure
Amended filings must include redlines showing changes.
- Document
- Amended filing
Must include
- •Redline
Court's wording
Any amended or corrected filing, including amendments as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1), shall be filed with a redline showing all differences between the original and revised filing. Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.
Opposing party has 21 days to answer, file new motion to dismiss, or rely on original after amendment.
Court's wording
If the non-moving party amends, the opposing party must, within 21 days of such amendment: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter stating that it relies on the initially filed motion to dismiss.
Non-moving party must notify court within 10 days of motion to dismiss whether amending.
Court's wording
If a motion to dismiss is filed, the non-moving party shall, within 10 days of receipt of the motion, notify the Court and its adversary by a letter filed on ECF whether (1) it intends to file an amended pleading and when it will do so; or (2) it will rely on the pleading being attacked.
Surreply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause).
A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(a)(2).
Moving party must provide electronic copy of Rule 56.1 Statement to all parties.
Court's wording
Any party represented by counsel that moves for summary judgment shall provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1 (“Rule 56.1 Statement”).
Expert testimony exclusion motions must meet dispositive motion deadline, not treated as motions in limine.
- Document
- Motion to exclude expert testimony
Must include
- •Not treated as motion in limine
Court's wording
Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Federal Rules of Evidence 702–705 and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.
Each memorandum of law must include a statement of facts and may not simply incorporate by reference the entirety of a party’s Rule 56.1 Statement.
Parties must negotiate and submit joint Rule 56.1 Statement of agreed facts.
Court's wording
To streamline the summary judgment briefing process, the Court requires the parties to also negotiate and submit, prior to or along with the movant’s Rule 56.1 Statement, a joint Rule 56.1 Statement setting out all facts on which the parties agree.
The motion must be supported by the following papers: 1. A Certificate from the Clerk of Court stating that no answer has been filed (if failure to answer is the basis for the default);
Each factual assertion in Rule 56.1 Statements must be followed by a citation to the portion(s) of the evidentiary record relied upon.
- Document
- LR 56.1 statement
Must include
- •Citation to evidentiary record
Default judgment motion must include memorandum of law addressing elements, service, and damages.
- Document
- Default judgment
Should include
- •Elements of causes of action
Court's wording
a memorandum of law setting forth the basis and legal authority for: a. why each element of the causes of action has been satisfied and why default judgment should be entered; b. why service was proper; c. why an inquest into damages would be unnecessary;
The order must be presented upon bringing the electronic device(s) into the Courthouse.
- Document
- Electronic device order
Must include
- •Order must be presented
As soon as the parties reach an agreement to settle, the parties must alert the Court by promptly filing a joint letter.
Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or trust, the letter shall identify and state the citizenship of each of the entity's members, shareholders, partners and/or trustees.
Joint letter and proposed case management plan required one week before initial pretrial conference
Court's wording
The Notice will direct the parties to file on ECF, approximately one week prior to the conference, a joint letter as well as a joint proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for all pretrial submissions.
The parties shall provide a courtesy copy of all pretrial submissions to the Court.
Page 1 | 1. Pretrial Procedures and Related Filings
Counsel should also email an electronic courtesy copy of any proposed order to Chambers, in both Microsoft Word and PDF formats.
Counsel should also email an electronic courtesy copy of any proposed order to Chambers, in both Microsoft Word and PDF formats.
Civil cases
Courtesy copies not required for pro se cases
Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.
Page 3 | f. No Courtesy Copies
d. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.
d. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.
Criminal cases
Page 1 | Guidelines for All Submissions
Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Civil cases
Page 1 | Guidelines for All Submissions
Sealing & Redaction Procedures
Parties may redact sensitive information without court approval as per Privacy Policy.
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.
Criminal cases
Page 4 | 8. Redactions and Filing Under Seal
Three-step process for filing documents with redactions: ECF filing, letter-motion seeking leave, and emailing clean/unredacted copies to chambers.
Any party seeking to file a document with partial redactions should follow the following three steps: i. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. ii. Filing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Section 8(c) above. iii. Emailing of Documents to Chambers. At the same time, the party should email to ClarkeNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Section 8(d)(ii), should the party also be seeking leave to file that letter-motion with redactions or under seal.
Criminal cases
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner.
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner.
Criminal cases
For entire sealed submissions, email unredacted copy to chambers with letter-motion seeking leave to file under seal.
Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should e-mail an unredacted copy of the submission to ClarkeNYSDChambers@nysd.uscourts.gov and should include as an attachment to the e-mail a letter-motion seeking leave to file the document under seal. The letter-motion must explain why
Criminal cases
If the Court grants leave to submit by email, the party should email to ClarkeNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Rules 5(e)(iii)-(iv), should the party also be seeking leave to file that letter-motion with redactions or under seal.
If the Court grants leave to submit by email, the party should email to ClarkeNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Rules 5(e)(iii)-(iv), should the party also be seeking leave to file that letter-motion with redactions or under seal.
Civil cases
Page 11 | Sealing and Redaction
Opposition to sealing/redaction requests must be filed on ECF within 3 business days.
Any opposition shall be filed on ECF within three business days of the filing party’s letter-motion seeking leave to file under seal or with redactions.
Civil cases
Page 11 | Opposition to Requests to Seal or Redact
Procedure for filing sealed documents requires three steps
Any party seeking to file a document under seal must follow the following three steps:
Civil cases
Any party seeking to file a document with partial redactions must follow the following three steps:
Any party seeking to file a document with partial redactions must follow the following three steps:
Civil cases
Email submission allowed for sealed documents when ECF filing not possible
Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner.
Civil cases
Pre-Motion Conference Requirements
Discovery disputes require letter-motion (max 1,050 words) with 5-business-day response limit
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 1,050 words, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must file a responsive letter within five business days, not to exceed 1,050 words.
Page 3 | b. Discovery Disputes
Discovery disputes require meet-and-confer, then joint letter-motion (max 1,750 words).
Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person, virtually or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, counsel shall promptly file on ECF a single letter-motion, jointly composed, no longer than 1,750 words, explaining the nature of the dispute and, if applicable, requesting an informal conference.
Civil cases
Pre-motion letters/conferences not required except for discovery disputes
Pre-motion letters and conferences are not required, except for disputes concerning discovery, which are governed by Section 4(k) of these Rules.
Civil cases
Adjournment & Extension Requirements
Applications to modify or extend dates must be made in writing at least two business days before the deadline.
Any application to modify or extend the dates herein, except as provided in paragraphs 8(f) and 9(e), shall be made in a written application in accordance with the Court’s Individual Rules and Practices and shall be made no fewer than two business days prior to the expiration of the date sought to be extended.
Civil cases
Joint Pretrial Order due within 30 days of close of all discovery or decision on dispositive motion.
Unless otherwise ordered by the Court, within 30 days of the close of all discovery, or, if a dispositive motion has been filed, within 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 Trial Rules and Procedures and Fed. R. Civ. P. 26(a)(3).
Civil cases
By _____________ [one week after the close of expert discovery], the parties shall submit a post-discovery joint status letter, as outlined in Section 3(e) of the Court’s Individual Rules and Practices in Civil Cases.
By _____________ [one week after the close of expert discovery], the parties shall submit a post-discovery joint status letter, as outlined in Section 3(e) of the Court’s Individual Rules and Practices in Civil Cases.
Civil cases
ESI-related orders or stipulations must be filed within 30 days of this order.
Any proposed order or stipulation regarding electronically stored information shall be filed within 30 days of the date of this Order.
Civil cases
Post-discovery joint status letter due one week after fact discovery closes.
By _____________ [one week after the close of fact discovery], the parties shall submit a post-discovery joint status letter, as outlined in Section 3(d) of the Court’s Individual Rules and Practices in Civil Cases.
Civil cases
Written requests to reschedule conferences or extend deadlines must include specific required elements
All requests to reschedule a conference or extend a deadline must be made in writing and must state: (1) the original date(s) of the conference or deadline; (2) the reasons for the requested extension; (3) whether the other party or parties consent and, if not, the reasons given for refusing to consent; and (4) the date of the next
Page 1 | Communications with Chambers
Extension or rescheduling requests must be made at least 72 hours in advance (except emergencies)
Absent an emergency, any request for an extension or to reschedule a conference shall be made at least 72 hours prior to the deadline or scheduled appearance.
Page 2 | Communications with Chambers
Adjournment/extension requests must be filed as letter-motions on ECF with specific required elements and advance notice.
f. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Section 2(b) of these Rules, not as ordinary letters. (Requests filed under seal or containing sensitive or confidential information shall be filed in accordance with the requirements described in Section 8.) The letter-motion must state: (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties' next scheduled appearance before the Court. 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 by email a proposed order (in Microsoft Word format) along with its request for adjournment or extension. Absent an emergency, any request for extension or adjournment shall be made as early as possible, and 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 proceedings. Requests for extensions will ordinarily be denied if made after the expiration of the original deadlines.
Criminal cases
Page 2 | Communications with Chambers
Sentencing adjournment requests must be made no later than 72 hours before 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 Section 2(f) above.
Criminal cases
Page 4 | 7. Sentencing
Adjournment/extension requests must be filed as letter-motions with specific required elements.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Section 2(a) of these Rules, not as ordinary letters. The letter-motion must state: (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties' next scheduled appearance before the Court.
Civil cases
Page 2 | Communications with Chambers
Extension requests after deadline expiration are ordinarily denied
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Civil cases
Extension/adjournment requests must be made at least 48 hours before deadline/appearance unless emergency
Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least 48 hours prior to the deadline or scheduled appearance.
Civil cases
Fact discovery deadlines can be extended by written consent of all parties without court application.
Any of the deadlines in paragraphs 8(b)–(e) 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 8(a).
Civil cases
Expert discovery interim deadlines can be extended by written consent of all parties without court application.
The interim deadlines in paragraphs 9(c)–(d) may be extended by the written consent of all parties without application to the Court, provided that expert discovery is completed by the date set forth in paragraph 9(b).
Civil cases
Chambers Communication Rules
Attorneys must email completed Model Court Order for electronic devices 5 business days before trial/hearing.
When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ClarkeNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing.
Page 9 | b. Wi-Fi in the Courtroom
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. The party should contact Sophia Tran, Courtroom Deputy, at ClarkeNYSDChambers@nysd.uscourts.gov, sufficiently in advance of trial to make the necessary arrangements for a technology walkthrough and to test the equipment.
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. The party should contact Sophia Tran, Courtroom Deputy, at ClarkeNYSDChambers@nysd.uscourts.gov, sufficiently in advance of trial to make the necessary arrangements for a technology walkthrough and to test the equipment.
Page 9 | c. Technology Walkthrough
Pro se parties must contact Pro Se Office, not chambers directly
Pro se parties may not call the Court directly. Instead, pro se parties should call the Pro Se Office at (212) 805-0175 with any questions.
Page 1 | Communications with Chambers
All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or (as discussed in Section 2(b) below) emailed to the Pro Se Office (address listed above). No documents or court filings may be sent directly to Chambers.
All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or (as discussed in Section 2(b) below) emailed to the Pro Se Office (address listed above). No documents or court filings may be sent directly to Chambers.
Page 1 | Communications with Chambers
b. Letters and Letter-Motions. Except as otherwise provided below, communications with Chambers shall 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, not ordinary letters. For any emails to Chambers permitted under these Rules, parties shall not include substantive communications in the body of the email, only in an attached letter. Copies of correspondence between counsel shall not be sent to the Court or filed on ECF except as exhibits to an otherwise properly filed document.
b. Letters and Letter-Motions. Except as otherwise provided below, communications with Chambers shall 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, not ordinary letters. For any emails to Chambers permitted under these Rules, parties shall not include substantive communications in the body of the email, only in an attached letter. Copies of correspondence between counsel shall not be sent to the Court or filed on ECF except as exhibits to an otherwise properly filed document.
Criminal cases
Page 2 | Communications with Chambers
Faxes to chambers require prior permission and only for emergencies.
Faxes to Chambers are not permitted without express prior permission, and only in cases of unforeseeable emergencies.
Civil cases
Page 2 | Communications with Chambers
Except as otherwise provided below, communications with Chambers shall be by letter filed on ECF. Letters seeking relief (if consistent with Local Civil Rule 7.1) should be filed as letter-motions on ECF, not ordinary letters.
Except as otherwise provided below, communications with Chambers shall be by letter filed on ECF. Letters seeking relief (if consistent with Local Civil Rule 7.1) should be filed as letter-motions on ECF, not ordinary letters.
Civil cases
Page 2 | Communications with Chambers
Mobile phones allowed in courtroom only if permitted and must be turned off.
If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.
Civil cases
Page 11 | Policy on Use of Electronic Devices
When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ClarkeNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing.
When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ClarkeNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing.
Civil cases
Page 11 | Policy on Use of Electronic Devices
Wi-Fi access limited to approved attorney for Courtroom 320; no sharing credentials.
If Wi-Fi is requested, counsel shall check the appropriate box on the form. If approved and signed by Judge Clarke, 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 their username or password with others) for the duration of the proceeding and for Courtroom 320 (unless Judge Clarke or another judicial officer grants permission for it to be used in another courtroom).
Page 9 | b. Wi-Fi in the Courtroom
Electronic device use governed by Standing Order M10-468; permission requires emailing completed order 5 business days before trial/hearing; devices must be turned off in courtroom.
Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ClarkeNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing. Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel. The order must be presented upon bringing the electronic device(s) into the Courthouse. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.
Criminal cases
For any emails to Chambers permitted under these Rules, counsel should include in the subject line: (1) the case caption, (2) docket number and (3) a brief description of the party's request. Parties shall not include substantive communications in the body of the email, only in the attached letter.
For any emails to Chambers permitted under these Rules, counsel should include in the subject line: (1) the case caption, (2) docket number and (3) a brief description of the party's request. Parties shall not include substantive communications in the body of the email, only in the attached letter.
Civil cases
Page 2 | Communications with Chambers
Telephone calls to Chambers should be reserved for urgent matters. In such situations, call the Clerk's Office at (212) 805-0136. You may request to be transferred to Chambers from there.
Telephone calls to Chambers should be reserved for urgent matters. In such situations, call the Clerk's Office at (212) 805-0136. You may request to be transferred to Chambers from there.
Civil cases
Page 2 | Communications with Chambers
Normally only one attorney may speak per party at remote conferences without Court permission
Absent permission of the Court, no more than one attorney shall speak on behalf of either party except as otherwise provided by Individual Rule 3(f).
Civil cases
Email ClarkeNYSDChambers@nysd.uscourts.gov for upload link if files exceed email size limits.
If the files are too large for submission by email, the parties shall email ClarkeNYSDChambers@nysd.uscourts.gov requesting a link to upload these materials.
Federal Pro Se Legal Assistance Project available for non-incarcerated civil litigants.
There is a Federal Pro Se Legal Assistance Project in this District to assist non-incarcerated people who are parties in civil cases and do not have lawyers.
Page 6 | Resources for Pro Se Parties
Pro se parties are directed to the Court’s website (https://www.nysd.uscourts.gov/prose/role-of-the-prose-intake-unit/contact) for other important information concerning proceeding pro se in this Court.
Pro se parties are directed to the Court’s website (https://www.nysd.uscourts.gov/prose/role-of-the-prose-intake-unit/contact) for other important information concerning proceeding pro se in this Court.
Page 6 | Resources for Pro Se Parties
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 ClarkeNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically. The Government may use USAfx.
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 ClarkeNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically. The Government may use USAfx.
Civil cases
Page 1 | Guidelines for All Submissions
Hand deliveries go to court security officers; urgent items require immediate notification.
Hand-delivered mail should be left with the Court Security Officers at the Charles L. Brieant Jr. Courthouse, 300 Quarropas Street, White Plains, New York, NY 10601. 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.
Civil cases
Page 2 | Communications with Chambers
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 explaining the reason – not a letter-motion – on ECF.
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 explaining the reason – not a letter-motion – on ECF.
Civil cases
Page 5 | d. Oral Arguments on Motions
Parties/counsel encouraged to advise Court of preferred pronouns/honorifics for respectful address
The parties and counsel are encouraged to advise the Court if they would like to be addressed with a particular pronoun and/or honorific – such as Ms., Mx. or Mr. – so that the Court may address them respectfully.
Civil cases
In-person conferences held in White Plains unless ordered otherwise; Manhattan cases follow same rule
Conferences may be held remotely or in person. Unless ordered otherwise, in person conferences will be held in Courtroom 320 of the Charles L. Brieant Jr. Courthouse, 300 Quarropas Street, White Plains, NY. This general rule also applies to cases designated to the Manhattan courthouse (cases with case numbers that start with "1:").
Civil cases
Junior Lawyer Participation Incentives
Court encourages junior attorney participation in cases where they substantially contributed to filings or witness preparation
The Court encourages the participation of junior attorneys and attorneys seeking additional experience in federal court, particularly where the attorneys played a substantial role in drafting the underlying filing or in preparing the relevant witness.
Civil cases