Court Rules
Common questions about Judge Katherine Polk Failla's rules

Are courtesy copies required for Judge Katherine Polk Failla?

Courtesy copies are required for letter motions. Details: 1 copy, delivery upon filing, by email. Letters seeking relief must be filed on ECF with courtesy copy emailed to Chambers including ECF header.

View ruleSource: page 2, section Communications with Chambers

Does Judge Katherine Polk Failla require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for adjournment, extension, and pre motion conference. Letter motions required for adjournments/extensions/pre-motion conferences; 3-day response time; courtesy copy to Chambers

View ruleSource: page 4, section C. Letter Motions

What page or word limits apply to memorandum of law before Judge Katherine Polk Failla?

Judge Katherine Polk Failla's rule states these limits: attorney: 8750 words; attorney: 3500 words; pro se: 25 pages; pro se: 10 pages. Memoranda of law limited to 8,750 words; reply briefs to 3,500 words; pro se parties limited to 25/10 pages.

What page or word limits apply to motion brief before Judge Katherine Polk Failla?

Judge Katherine Polk Failla's rule states these limits: attorney: 3500 words; attorney: 1750 words; pro se: 10 pages; pro se: 5 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. Word/page limits for motions: 3,500/1,750 words (attorney/computer) or 10/5 pages (pro se/handwritten)

View ruleSource: page 9, section C. Memoranda of Law for Motions for Reconsideration

What formatting rules apply to filings before Judge Katherine Polk Failla?

Judge Katherine Polk Failla's formatting rule includes 12 point type, double spacing, no kerning or font compression and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. Motion papers must conform to Local Civil Rule 7.1 with specific formatting and word limits.

What must be included with notice of appearance filings before Judge Katherine Polk Failla?

The rule requires notice of electronic filing. Counsel must register for ECF and file Notice of Appearance per Local Criminal Rule 1.2.

View ruleSource: page 1, section Electronic Case Filing (ECF) and Notices of Appearance

What must be included with pretrial conference filings before Judge Katherine Polk Failla?

The rule requires brady disclosure discussion. Government must be prepared to address Brady disclosure obligations at all conferences.

View ruleSource: page 1, section Communications with Chambers

How may parties contact Judge Katherine Polk Failla's chambers?

Parties may contact Judge Katherine Polk Failla's chambers by email only as allowed by the rule. The rule lists email Failla_NYSDChambers@nysd.uscourts.gov. AUSA must email Chambers immediately after case assignment with specific defendant and scheduling information.

View ruleSource: page 1, section Communications with Chambers

How does Judge Katherine Polk Failla handle sealed or redacted filings?

Judge Katherine Polk Failla's rules set procedures for sealed or redacted filings. Process: file redacted on ecf. Only pages containing redacted material are filed under seal.

How do I request an adjournment or extension before Judge Katherine Polk Failla?

Judge Katherine Polk Failla's rules specify what an adjournment or extension request must include. The request must include original date, number of previous requests, previous requests granted or denied, reason for request, and adversary position. Adjournment/extension requests must be letter motions with specific required elements.

View ruleSource: page 3, section D. Requests for Adjournments or Extensions of Time

Does Judge Katherine Polk Failla encourage junior lawyer participation?

Yes. Judge Katherine Polk Failla's rules include a junior lawyer participation incentive. Court encourages junior attorney participation in proceedings where they contributed substantially.

Complete rules summary for Judge Katherine Polk Failla

Counsel must register for ECF and file Notice of Appearance per Local Criminal Rule 1.2.

AUSA must email Chambers immediately after case assignment with specific defendant and scheduling information.

Government must email charging instruments to Chambers at least 48 hours before conference.

Government must be prepared to address Brady disclosure obligations at all conferences.

Call Courtroom Deputy for scheduling; phone calls to Chambers only for urgent matters.

Letters seeking relief must be filed on ECF with courtesy copy emailed to Chambers including ECF header.

Adjournment/extension requests must be letter motions with specific required elements.

Extension/adjournment requests must be made at least 48 hours in advance (72 hours for sentencing adjournments).

Speedy Trial Act exclusion requests require a proposed order in Word format.

Sealed letters must be emailed as PDF attachments to Chambers with courtesy copies to counsel.

Sealed letter emails must include case caption and brief description in subject line.

No substantive content in email body for sealed letters - only in attached letter.

Faxes to Chambers are prohibited.

Hand deliveries must be left with Court Security Officers at Worth Street entrance, not brought to Chambers.

Urgent hand deliveries require notification to Chambers Security Officers for immediate retrieval.

Defense counsel must disclose benefactor payments creating conflicts and request Curcio hearing at first conference.

Defense counsel substitution requests require scheduling conference with Courtroom Deputy.

Defense counsel must indicate if ex parte conference is needed when requesting substitution.

All parties must attend defense counsel substitution conference.

Bail modification requests must be filed on ECF as letter motions with consent indication.

Bail modification requests for specific events must be made at least 2 business days in advance.

Government must disclose Rule 16(a)(1)(G) material 60 days before trial; defense must disclose 30 days before trial.

Government must email courtesy copies of plea-related documents to Chambers within 3 business days before plea.

Parties must email proposed voir dire, jury instructions, verdict form, and in limine motions to Chambers in PDF and Word formats.

Government must provide 2 hard copies of exhibit list and 1 set of pre-marked exhibits and Section 3500 material by Wednesday before trial.

Trials run Monday-Friday 9:00 a.m.-3:00 p.m. with 12:30-1:00 p.m. break; counsel must arrive by 8:45 a.m.

Sentencing adjournment requests must be made no later than 72 hours before proceeding.

Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before sentencing.

Letters must be grouped in a single 'SENTENCING SUBMISSION' document; defendant files own letters, Government files victim letters.

Parties must not include sensitive information (SSNs, minor children names, DOBs, financial account numbers, home addresses) unless necessary.

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