Court Rules
district Judge
Verified Current9 days ago

Judge Jessica G. L. Clarke

Southern District of New York

Limits & Logistics

Document Limits

Memorandum Of Law
10 pgs
Pretrial Memorandum
10 pgs
Letter
1,050 wds
Diversity Jurisdiction Letter
700 wds
Memorandum Of Law
8,750 wds

Courtesy Copies

Filings (Pretrial Submission)

Required

Filings

Not Required

Filings

Not Required

Filings (Proposed Order)

Required

Adjournments

Must Include

  • 1
    Written Consent Of All Parties
  • 2
    Original Date
  • 3
    Reason For Request
  • 4
    Adversary Position
  • 5
    Proposed New Dates
  • 6
    Number Of Previous Requests
  • 7
    Previous Requests Granted Or Denied
  • 8
    Date Of Next Scheduled Appearance
Notice Required
30Calendar Days
Notice Required
7Calendar Days
Notice Required
2Business Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Proposed New Dates
Notice Required
72Hours
Notice Required
48Hours

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates

Communication

Email

Chambers

ClarkeNYSDChambers@nysd.uscourts.gov
Technical IssuesScheduling
Advance Notice Required
Phone

Chambers

No Status Inquiries, Hours
Letter Ecf

Chambers

No Status Inquiries
Website

Court

Important Information
Pro Se Only
Legal Assistance

Pro Se Legal Assistance

Legal Advice
No No Lawyer, Civil Cases, Non Incarcerated
Email

Chambers

Technical Issues
Advance Notice Required
Phone

Chambers

(212) 805-0136
Emergencies
No Hours
Letter Fax

Chambers

Emergencies
Advance Notice Required
No Status Inquiries
Hand Delivery

Chambers

Technical Issues
Advance Notice Required
In Person

Chambers

No Description
Remote

Chambers

No Description
In Person

Chambers

Scheduling
No Description
Filters:AllMandatoryImportantFormattingCommunicationLettersTRO/InjunctionElectronicsConferencesECF FilingMemoranda

Detailed Drafting Rules

Page or Word LimitMandatory

Motions in limine memoranda limited to 10 pages; no reply briefs allowed.

Memoranda of law in connection with a motion in limine are limited to 10 pages. No reply briefs shall be filed.

Page 3
|Secb. In Limine Motions
Page or Word LimitMandatory

Pretrial memorandum and response limited to 10 pages each.

The pretrial memorandum and response each shall not exceed 10 pages.

Page 3
|Secc. Final Pretrial Memorandum of Law
Document RequirementNote

Deposition synopsis must include page and line citations.

Each synopsis shall include page and line citations to the pertinent pages of the deposition transcripts.

Document Type

Deposition Synopsis

Content & Formatting
Page Line Citations
Page 4
|Sece. Additional Required Pretrial Submissions in Non-Jury Cases
Communication ProtocolNote

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.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Communication ProtocolMandatory

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.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    5 business days before trial or hearing
Page 9
|Secb. Wi-Fi in the Courtroom
Communication ProtocolImportant

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).

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    5 business days before trial or hearing
Page 9
|Secb. Wi-Fi in the Courtroom
Communication ProtocolMandatory

Parties must arrange technology walkthrough and test AV equipment in advance of trial.

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.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    sufficiently in advance of trial
Page 9
|Secc. Technology Walkthrough
Communication ProtocolMandatory

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.

Phone

Direct to: Chambers

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

Pro se parties must send all communications to Pro Se Office, not 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.

Letter via ECF

Direct to: Chambers

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Pre-Motion ProcedureMandatory

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.

Pre-Motion Conference

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

Letter Requirements

Status
Required

Briefing Schedule

Opp: 5d • Reply: d

Page 3
|Secb. Discovery Disputes
Document RequirementMandatory

Summary judgment deposition transcripts must be complete, searchable, and indexed

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.

Document Type

Summary Judgment Motion

Content & Formatting
Deposition Transcripts Index
Deposition Transcripts Complete
Deposition Transcripts Searchable
Page 3
|Sece. Special Rules for Summary Judgment Motions
Communication ProtocolNote

Pro se parties must consult court website for important information.

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.

Website

Direct to: Court

Approved Topics
Important Information
Requirements
  • Pro Se Only
Page 6
|SecResources for Pro Se Parties
Communication ProtocolNote

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.

Legal Assistance

Direct to: Pro Se Legal Assistance

Approved Topics
Legal Advice
Prohibited
  • No Lawyer
  • Civil Cases
  • Non Incarcerated
Page 6
|SecResources for Pro Se Parties
Communication ProtocolNote

Large files require special email protocol to chambers.

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.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    request link for large file transfer
Page 1
|SecGuidelines for All Submissions
Communication ProtocolMandatory

All communications with chambers must be filed on ECF as letters or letter-motions.

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.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Page 2
|SecCommunications with Chambers
Page or Word LimitMandatory

Letters to chambers limited to 1,050 words without permission.

Letters may not exceed 1,050 words in length (exclusive of exhibits or attachments) without prior permission from the Court.

Page 2
|SecCommunications with Chambers
Communication ProtocolImportant

Emails to chambers require specific subject line format and no substantive content in body.

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.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    subject line must include case caption, docket number, and brief description
Page 2
|SecCommunications with Chambers
Communication ProtocolImportant

Telephone calls to chambers only for urgent matters via clerk's office.

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.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Hours
    urgent matters only
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

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.

Letter Fax

Direct to: Chambers

Approved Topics
Emergencies
Requirements
  • Advance Notice Required
    express prior permission required
Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolNote

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.

Hand Delivery

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    urgent items require immediate notification to chambers
Page 2
|SecCommunications with Chambers
Communication ProtocolNote

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:").

In Person

Direct to: Chambers

Prohibited
  • Description
    Applies to Manhattan cases (case numbers starting with "1:")
Communication ProtocolImportant

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).

Remote

Direct to: Chambers

Prohibited
  • Description
    No more than one attorney may speak per party without Court permission
Page or Word LimitMandatory

Diversity jurisdiction cases require 700-word letter explaining citizenship basis before initial pretrial conference

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.

Communication ProtocolNote

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.

In Person

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Description
    Parties/counsel should advise Court of preferred pronouns/honorifics
Page or Word LimitMandatory

Documents over word limit must include TOC and TOA, excluded from word count.

words or more shall contain a table of contents and table of authorities, neither of which shall count against the word limit.

Page 5
|Secc. Unpublished Cases
Communication ProtocolNote

Explain non-obvious reasons for oral argument in ECF letter, not letter-motion.

If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a letter explaining the reason – not a letter-motion – on ECF.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 5
|Secd. Oral Arguments on Motions
Format RequirementMandatory

Deposition transcripts for summary judgment must be text-searchable with index.

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.

Applies When:Document Type Set Undefined
Required Format

PDF

Page 6
|Secf. Summary Judgment Procedures
Pre-Motion ProcedureMandatory

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.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Communication ProtocolMandatory

Email completed Model Court Order for electronic devices at least 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.

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    5 business days before trial or hearing
Page 11
|SecPolicy on Use of Electronic Devices
Communication ProtocolMandatory

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.

Phone

Prohibited
  • Hours
    turned off at all times
  • Status Inquiries
Page 11
|SecPolicy on Use of Electronic Devices