Judge Lorna G. Schofield
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Exhibit
- Upon request
Proposed Voir Dire, Requests to Charge
- 1 copy • Email
Adjournments
- Any party may respond within one week after the filing of an in limine motion.
- Any party may respond within one week after the filing of a pretrial memorandum of law.
- Remote witness testimony requests must be made at least 3 business days in advance.
- Conference adjournment requests must be made by noon, 2 business days before the scheduled appearance.
- Adjournment/extension requests must be made at least 2 business days before the deadline.
- Applications to modify or extend dates must be made in writing at least 2 business days before the deadline.
- Extensions/adjournments of court-imposed dates require compelling reasons.
- Adjournment/extension letters must include original due date, requested new date, previous request history, and adversary consent status.
- If adjournment/extension affects other dates, parties must propose new dates.
- +6 more
Request must include
Communication
Chambers
Intake Unit
Phone
Chambers
Phone
Page & Word Limits11 rules
In civil trials, the Court will impose and enforce time limits on the trial to promote attorney efficiency, preserve scarce judicial resources and reduce repetition and redundancy.
The Court will establish time limits before or at the final pretrial conference based on, e.g., input from the parties, the number and complexity of issues and the nature of proof to be offered. The Court will hold the parties to the time limits.
Redirect testimony generally will be limited to no more than five minutes. There shall be no re-cross.
Memoranda of law in connection with a motion in limine are limited to five pages. No reply briefs shall be filed.
- Motion in limine
- Up to 5 pages
- In limine motions
The pretrial memoranda and response each shall not exceed 25 pages.
- Pretrial memorandum
- Up to 25 pages
- Pretrial response
Each party limited to 5 affidavits (2,500 words each) and 15 exhibits (15 pages each) per motion.
- Affidavit
- Up to 2,500 words in total per party
- Exhibit
- Up to 15 pages in total per party
Court's wording
Each party is limited to a total of five affidavits/declarations (each not to exceed 2,500 words) in support of or in opposition to a motion. Each party is limited to a total of 15 exhibits (each not to exceed 15 pages), including exhibits attached to an affidavit/declaration.
Rule 56.1 statement limited to 8,750 words unless leave granted one week prior.
- Rule 56.1 statement
- Up to 8,750 words
- Format
- Double-spaced
- Summary judgment motion
Exception
More words with leave of court
Court's wording
The Rule 56.1 statement shall not exceed 8,750 words, double-spaced unless leave of the Court to file a longer document has been obtained at least one week before the motion and statement are due to be filed.
Word limits for memoranda of law with specific limits per motion type
- Format
- Double-spaced; 12-point; 1-inch margins
Excluded from word count
- •Caption
- •Index
- •Table of contents
- •Table of authorities
- •Signature block
Court's wording
All written motions and cross-motions shall be accompanied by a memorandum of law. Local Rule 7.1 specifies the requirements for motion papers, including typeface (12-point font or larger), margins (1 inch or more) and spacing (double spaced). Unless prior permission has been granted, memoranda of law in support of, and in opposition to, motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words. Memoranda of 2,500 words or more shall include a table of contents and a table of authorities, neither of which shall count toward the word limit. These limits do not apply to memoranda in support of or in opposition to a motion for reargument or reconsideration, which are limited to 3,500 words, and reply memoranda, which are limited to 1,750 words; memoranda in support of or in opposition to in limine motions, which shall not exceed 1,500 words; or objections or responses to objections to a Magistrate Judge’s Report and Recommendation, which shall not exceed 2,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certifications, but do include material contained in footnotes or endnotes.
Memoranda in support of/opposition to motions limited to 8,750 words (25 pages handwritten); reply memoranda limited to 3,500 words (10 pages handwritten).
- Memorandum
- Up to 8,750 words
- Memorandum (handwritten)
- Up to 25 pages
- Memorandum (typewritten)
- Up to 25 pages
Court's wording
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words. If handwritten or prepared with a typewriter, memoranda in support of or in opposition to motions may not exceed 25 pages, and reply memoranda may not exceed 10 pages.
In limine motion memoranda limited to 2,500 words (5 pages handwritten/typewriter).
- Memorandum
- Up to 2,500 words
- Memorandum (handwritten)
- Up to 5 pages
- Memorandum (typewritten)
- Up to 5 pages
- In limine motions
Court's wording
Those limits also do not apply to memoranda in support of or opposition to in limine motions, which shall not exceed 2,500 words if prepared on a computer, or five pages if prepared with a typewriter or handwritten.
Memoranda for reargument/reconsideration limited to 3,500 words (10 pages handwritten); reply memoranda limited to 1,750 words (5 pages handwritten).
- Memorandum
- Up to 3,500 words
- Memorandum (handwritten)
- Up to 10 pages
- Memorandum (typewritten)
- Up to 10 pages
- Reconsideration motions
- Reargument motions
Court's wording
These limits do not apply to memoranda in support of or in opposition to a motion for reargument or reconsideration, which are limited to 3,500 words, and reply memoranda are limited to 1,750 words. If a memorandum is handwritten or prepared with a typewriter, it may not exceed 10 pages for memoranda in support of or opposition to reconsideration or reargument, and 5 pages for reply memoranda.
Document Format Requirements12 rules
Court time may not be used for marking exhibits. Exhibits shall be pre-marked, and if possible, will be pre-admitted in advance of the court session.
Trial schedule: 5 hours daily from 10:00 AM with breaks, adjourning at 4:45 PM or later if needed.
- Margins
- Top 1 inch; Bottom 1 inch; Right 1 inch
Court's wording
Trial dates and times. Unless otherwise decided by the Court, the Court will hear five hours of testimony each day beginning at 10:00 A.M. with a one-hour lunch break and two fifteen-minute breaks. The trial generally will adjourn at approximately 4:45 P.M., but will go later if necessary. In all events, the jury will be seated promptly at 10:00 A.M.
(a) General Matters. All instructions to the jury will be in plain language that is as understandable as possible to non-lawyers.
Formatting
- •Plain language required
Interpreters must interpret simultaneously in civil cases; parties pay.
Formatting
- •Simultaneous interpretation required
- •Consecutive interpretation only with prior permission
- •Parties responsible for interpreter costs in civil cases
Court's wording
(g) Interpreters. All interpreters shall interpret simultaneously rather than consecutively, unless prior permission is granted. In civil cases, the parties are responsible for retaining and paying for interpreters.
Such deposition testimony shall be submitted as a flattened PDF and may be submitted on the condensed (four pages to a page) version of the transcript.
- File type
- Deposition testimony
Formatting
- •Flattened
For cases with more than 15 exhibits, the index shall be on an Excel spreadsheet in native format, with hyperlinks to the exhibits if possible.
- More than 15 pages
Formatting
- •Native format
- •Hyperlinks to exhibits
The designations or counter-designations shall be made by highlighting in different colors for each party the relevant parts of the transcript.
2. No Paper Submissions .........................................................................................4
As noted above, parties should not hand-deliver any documents.
Formatting
- •Hand delivery prohibited
All motion papers shall be doubled-sided, three-hole punched, tabbed and placed in binders in the order that they were filed.
- Binding
- Binder
- Motion
Formatting
- •Tabbed
- •In filing order
The non-moving party shall provide the movant with an unbound set of its opposition and any cross-motion papers, double sided and three-hole punched.
Courtroom Deputy tracks time, reported periodically; time accrues when counsel addresses jury or presents deposition testimony.
Court's wording
Time will be kept by the Courtroom Deputy and reported on the record periodically and at the close of evidence on each trial day. Time will accrue when counsel is standing in the presence of the jury and during the presentation of a party's designated deposition testimony.
Document Filing Requirements92 rules
Parties must email witness and exhibit lists (Excel format) to Court 3 business days before trial (or first day in criminal cases).
Court's wording
No later than three business days before trial, and in criminal cases on the first day of trial, the parties shall email the Court the current witness list and exhibit list. The exhibit list shall be in Excel format and shall include a column to indicate when an exhibit is admitted.
On the first trial day, before opening statements, the Court will admit exhibits as to which there are no objections or as to which any objections have been resolved.
Each trial day, by 8:30 A.M., the parties shall email the Court an updated exhibit list and updated witness list, indicating which, if any, exhibits are new.
In criminal cases, at the beginning of trial, the Government shall provide the Court with two hard copies or one digital
(b) Preliminary Instructions. The Court will give preliminary instructions on the law at the beginning of the trial, before the parties’ opening statements.
- Document
- Jury instructions
Include
- •Preliminary instructions
Final jury instructions given before closing statements; written copies provided.
- Document
- Jury instructions
Include
- •Final instructions
Court's wording
(d) Final Instructions. The Court will give final instructions on the law at the end of the presentation of evidence, before the parties’ closing statements. The Court will communicate clearly to the jury that the instructions given at the end of the trial will control deliberations. Each juror will be provided with a written copy of the final instructions for use while the jury is being instructed and during deliberations.
Digital copies of admitted exhibits required before jury deliberations.
- Document
- Exhibits
Must include
- •Digital copies
Court's wording
(a) Exhibits. The Court ordinarily will provide all exhibits admitted into evidence to the jurors for use in the jury room for use during deliberations. Immediately before the jury deliberates, the parties shall provide the court with digital copies of the admitted exhibits as set forth in Section I.B.2 above.
Jurors may take notes; notes collected and destroyed after trial.
Court's wording
(b) Juror Note Taking. Jurors will be permitted but not required to take notes during the trial. Jurors will be instructed that the notes are to aid their memory of the evidence and are not to substitute for their recollection of the evidence in the case. Counsel shall confer and arrange to provide each juror with a notebook or paper and pens at the beginning of trial. The notes will be collected and destroyed at the conclusion of the trial.
Objections must be brief and direct; no arguing objections in front of jury.
Court's wording
In making an objection, counsel shall be brief and direct. (For example, “Objection, hearsay.”) In jury trials, counsel shall not argue the objection in the presence of the jury or argue with the ruling of the Court in the presence of the jury.
Fact witnesses excluded until after testifying, except one corporate rep per side.
Court's wording
Fact witnesses shall not be in the courtroom until after they have testified, except that one corporate representative per side may be present in the courtroom or remotely for the duration of the trial.
Counsel intending to question a witness about a group of documents shall have all documents prepared at the beginning of the examination.
The opposing party shall object in the margin by noting the basis for objection (e.g., FRE 801, 802 or hearsay).
Bench trials require one-page synopsis per deposition with page citations.
- Document
- Deposition synopsis
Must include
- •Page citations
Court's wording
In a bench trial, for all deposition excerpts that will be offered as substantive evidence, the offering party shall submit a brief synopsis of the excerpts, not to exceed one page for each deposition, including page citations to the deposition transcript.
Only one attorney per party may examine/cross-examine each witness.
Court's wording
Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination.
Deposition designations must be submitted two trial days before offering testimony.
- Document
- Deposition designations
Must include
- •Designations
- •Counter designations
Court's wording
The parties shall submit to the Court designations and counter-designations of deposition testimony they seek to offer at trial two trial days before the designating party intends to offer the testimony at trial.
Parties must submit digital exhibits and index one week before final pretrial conference.
- Document
- Exhibits
Must include
- •Index
- •Digital copy
- •Exhibit list
Court's wording
At least one week before the final pretrial conference, the parties shall provide the Court with a digital copy of exhibits and demonstrative aids that they intend to use in their case in chief at trial, and an index (exhibit list).
Counsel may not confer with a witness who is being cross-examined, including during breaks and overnight.
Counsel shall refrain from approaching the bench or any witness. Any document counsel wishes to have the Court examine ordinarily shall be provided to the Court electronically.
Counsel shall not move to “qualify” a witness as an expert.
All documents, including confidential and sealed materials, must be filed on ECF, except Highly Sensitive Documents, which must be filed in hard copy pursuant to Local Civil Rule 5.2.
The motion shall be filed in public view, must explain the particular reasons for seeking to file that information under seal and shall not include confidential information sought to be filed under seal.
The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.
Protective order must include Court's discretion over confidential treatment
Court's wording
The proposed order also must contain the following language, preferably in the last paragraph, “The parties acknowledge that the Court retains discretion as to whether, in Orders and Opinions, to afford confidential treatment to information that the parties have redacted, sealed or designated as confidential.”
Motion required to file sealed documents on paper instead of ECF
Court's wording
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
For documents to be filed under seal, the proposed order must state in substance that: “Documents may be filed under seal only as provided in Judge Schofield’s Rule I.D.3” (above).
After an action has been accepted as related to a prior case, all future court papers and correspondence shall contain the docket number of both the new
- Document
- All documents
Must include
- •Case number
Non-filing party must file support letter within 2 business days
Court's wording
If this party is not the filing party, the party with an interest in confidential treatment shall promptly file a letter on ECF within two business days in support of the motion, explaining why it seeks to have certain documents filed in redacted form or under seal.
The parties shall propose a briefing schedule by filing on ECF a letter to the Court with a proposed scheduling order. The schedule should not exceed 60 days from the time of filing.
The parties may request oral argument by filing on ECF a letter to Chambers no later than the date the last brief is filed in connection with the motion.
Diversity jurisdiction cases must file letter explaining jurisdiction within 60 days of invoking diversity.
Court's wording
In any action for 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 state in the initial joint letter submitted to the Court before the Initial Pretrial Conference, or shall file on ECF within 60 days of invoking diversity jurisdiction, a letter to the Court explaining the factual and legal basis for such jurisdiction, including: (i) in the case of a corporation, the principal place of business and place of incorporation, (ii) in the case of a partnership, limited liability company or trust, the citizenship of each of the entity's members, shareholders, partners and/or trustees.
Any status letter ordered by the Court shall include the following details:
Class action settlement requires detailed financial disclosure.
- Document
- Class action settlement
Must include
- •Attorneys fees
- •Other deductions
- •Total settlement fund
- •Claims administrator fees
- •Proposed plan of allocation
- •Anticipated recovery dollars
- •Named plaintiffs service fee
Court's wording
Any party moving for preliminary approval of a class action settlement must disclose the proposed plan of allocation and provide a spreadsheet or other document detailing the amount of (a) the total settlement fund, (b) the Claims Administrator’s fee, costs and expenses, (c) proposed attorneys’ fees, costs and expenses, (e) the named Plaintiffs’ proposed service fee, (f) any other deduction from the settlement fund before payment to class members and (g) the anticipated recovery in dollars and as a percentage of the plaintiff’s estimated damages for the class and any subclass in the aggregate and per
The attorney who will serve as principal trial counsel shall appear at all conferences with the Court.
No exhibits may be annexed to a Rule 56.1 statement or response.
Class action settlement requires proposed schedule with key dates.
- Document
- Class action settlement
Must include
- •Class notice dates
- •Proposed settlement schedule
Court's wording
The party moving for preliminary approval shall also file a proposed schedule for settlement, including dates for proposed class notice, submission of objections and exclusion requests and a fairness hearing.
The movant shall provide all other parties with an electronic copy, in Microsoft Word format, of its Rule 56.1 statement.
Must include
- •Electronic word copy to parties
Parties intending to file an application for TRO or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email.
- Document
- Emergency motion
Must include
- •Text-searchable PDF
A movant for summary judgment shall file a statement of material undisputed facts and the opponent shall respond all as set forth in Local Rule 56.1.
The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached and (3) provide a both a PDF and Word version of the proposed TRO.
Should include
- •PDF version
- •Word version
- •Urgent subject line
Opposing parties shall reproduce each entry in the moving party’s Rule 56.1 Statement, with a response directly beneath it.
Class action settlement requires disclosure of fee sharing agreements.
- Document
- Class action settlement
Must include
- •Fee amounts requested
- •Fee applicants names addresses
Court's wording
In accordance with Local Rule 23.1, a party seeking preliminary approval of a class action settlement must disclose any fee sharing agreement with any attorney or other person. The disclosure shall include the names and addresses of the applicants for such fees and the amounts requested, respectively.
Parties shall provide to the Court three copies of the witness list and a marked exhibit list.
Must include
- •Witness list
- •Marked exhibit list
This obligation supersedes the parties’ obligations to provide initial disclosures pursuant to F.R.C.P. 26(a)(1).
Discovery responses must comply with F.R.C.P. certification, supplementation, and form of production standards.
Court's wording
The parties’ responses to the Initial Discovery Protocols shall comply with the F.R.C.P. obligations to certify and supplement discovery responses, as well as the form of production standards for documents and electronically stored information.
Parties must exchange discovery documents within 30 days of defendant's responsive pleading or motion.
Court's wording
Within 30 days following the defendant’s submission of a responsive pleading or motion, the parties shall provide to one another the documents and information described in the Initial Discovery Protocols for the relevant time period.
As set forth in the Protocols, this Initial Discovery is not subject to objections, except upon the grounds set forth in F.R.C.P. 26(b)(2)(B).
Offers of, or requests for, a stipulation shall be made in private (not within the hearing of the jury). Such matters may be raised during a recess.
Filing & Service rules
Courtesy Copy Requirements
Courtesy digital copies of proposed voir dire and requests to charge must be emailed to Chambers in Word format.
The parties shall provide the Court with a courtesy digital copy of both the proposed voir dire and requests to charge in Word format by email to Chambers.
No courtesy copies to Chambers unless required by Local Civil Rules
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless requested or required to be filed in hard copy by the Local Civil rules.
Page 7 | D. Redactions and Filing Under Seal
The parties shall email Schofield_NYSDChambers@nysd.uscourts.gov requesting a link to upload these courtesy copies. If any exhibits are of a kind that is filed with the Clerk of Court but not filed on ECF, such as audio or video files, the parties shall use the email address above to request a link to transmit an electronic copy to the Court.
The parties shall email Schofield_NYSDChambers@nysd.uscourts.gov requesting a link to upload these courtesy copies. If any exhibits are of a kind that is filed with the Clerk of Court but not filed on ECF, such as audio or video files, the parties shall use the email address above to request a link to transmit an electronic copy to the Court.
Page 13 | 3. Affidavits and Exhibits
Paper courtesy copies to Chambers only when specifically requested.
Parties shall not send paper courtesy copies to Chambers unless requested by the Court.
Page 14 | 5. Paper Courtesy Copies
Courtesy copy of motion papers (marked “Courtesy Copy”) must be submitted to Chambers with reply, not at filing.
One printed courtesy copy of all parties’ motion papers, including exhibits, marked “Courtesy Copy,” shall be submitted to Chambers by the movant at the time the reply is served. Courtesy copies shall not be submitted to Chambers at the time of filing.
Criminal cases
Page 6 | Motions
Sealing & Redaction Procedures
3. Sealing/Redaction Requiring Court Approval .....................................................4
3. Sealing/Redaction Requiring Court Approval .....................................................4
Page 2 | D. Redactions and Filing Under Seal
Proposed sealed document must be filed under seal and related to motion
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Page 7 | D. Redactions and Filing Under Seal
Motions or Letter Motions for approval of sealed or redacted filings and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Southern District’s standing order, 21-mc-13, available here, and § 6 of the SDNY ECF Rules & Instructions, available here.
Motions or Letter Motions for approval of sealed or redacted filings and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Southern District’s standing order, 21-mc-13, available here, and § 6 of the SDNY ECF Rules & Instructions, available here.
Page 7 | D. Redactions and Filing Under Seal
At the conclusion of litigation, the Confidential Information and any copies thereof shall be promptly (and in no event later than thirty (30) days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain confidential.
At the conclusion of litigation, the Confidential Information and any copies thereof shall be promptly (and in no event later than thirty (30) days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain confidential.
Information or documents designated as “confidential” shall not be disclosed to any person, except: a. □ The requesting party and counsel, including in-house counsel;
Information or documents designated as “confidential” shall not be disclosed to any person, except: a. □ The requesting party and counsel, including in-house counsel;
this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.
this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.
The Confidential Information may be displayed to and discussed with the persons identified in Paragraphs 4(c) and (d) only on the condition that prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in the form attached as Exhibit A, the party desiring to disclose the Confidential Information may seek appropriate relief from the Court.
The Confidential Information may be displayed to and discussed with the persons identified in Paragraphs 4(c) and (d) only on the condition that prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in the form attached as Exhibit A, the party desiring to disclose the Confidential Information may seek appropriate relief from the Court.
It is hereby ordered by the Court that the following restrictions and procedures shall apply to certain information, documents and excerpts from documents supplied by the parties to each other in response to discovery requests:
It is hereby ordered by the Court that the following restrictions and procedures shall apply to certain information, documents and excerpts from documents supplied by the parties to each other in response to discovery requests:
Counsel may designate documents and information as confidential in good faith.
Counsel for any party may designate any document, information contained in a document, information revealed in an interrogatory response or information revealed during a deposition as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client.
Redacted filings under seal require letter to Chambers with highlighted proposed redactions; hard copy if over 25 pages.
Except as provided in Section I.6 below regarding sentencing letters, any party wishing to file in redacted form any document under seal, or any portion thereof, shall email a letter to Chambers explaining the reasons for seeking to file under seal. The party shall attach to its letter one full set of the relevant page(s) or document(s) in highlighted form (i.e., with the proposed redactions highlighted). If the submission exceeds 25 pages, it shall be delivered in hard copy by hand as provided in Section C.6 above.
Criminal cases
Page 5 | Redactions and Filing Under Seal
Redacted pages from sentencing documents must be filed under seal
6. Redactions Related to Sentencing. If any material is redacted from a publicly filed document relating to sentencing, only those pages containing the redacted material will be filed under seal. Counsel shall bring to the sentencing proceeding a copy of the pages containing redactions, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.
Criminal cases
Page 8 | Sentencing
Redactions beyond specified categories require court approval and email to chambers
(b) Redactions Requiring Court Approval. If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application filed at the time the sentencing submission is served. The application shall clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding. The party shall email an unredacted copy of the filing to Schofield_NYSDChambers@nysd.uscourts.gov.
Criminal cases
Page 8 | Sentencing
Certain redactions do not require court approval
(a) Redactions Not Requiring 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, without Court approval.
Criminal cases
Page 8 | Sentencing
Pre-Motion Conference Requirements
Pre-motion conference generally required
1. Pre-Motion Conference Generally Required .......................................................8
Page 3 | A. Pre-Motion Conference
Pre-motion letter required for motions to dismiss (no pre-motion conference required).
Although a pre-motion conference is not required for a motion to dismiss, the movant must file a pre-motion letter with the Court in the manner provided in Rule III.A.1.
Page 14 | 2. Motions to Dismiss
Letter communication required for certain motions with 1,200 word limit and 7 day response
While a pre-motion conference also is not required for the following motions, the movant shall communicate with the opposing party by letter not exceeding 1,200 words, citing the controlling authorities that the movant contends would warrant granting the motion. The opposing party shall respond by similar letter within seven calendar days indicating the extent, if any, to which the opposing party concurs with movant’s objections and the amendments, if any, to be made to address them, or the reasons and controlling authority that support the pleadings as filed.
Pre-motion conference required for most motions with 10 business day notice and 1,200 word limit
Before bringing any motion (except certain motions listed below), a party shall file a letter motion on ECF requesting a pre-motion conference. This letter shall be filed at least 10 business days before the proposed conference date and shall identify all of the issues in dispute and explain the legal and other grounds for the motion. No later than five business days after receipt of the letter, subject to any superseding deadline ordered by the Court, an adversary wishing to oppose the motion shall file on ECF a written response. Each party shall file a single letter not to exceed 1,200 words, not including any attached exhibits, for each pre-motion conference.
Pre-motion letter (max 750 words, single-spaced) required before motions to dismiss.
Before filing a motion to dismiss, a party must file a letter stating the basis for the motion and a proposed briefing schedule. The letter shall be no longer than 750 words, single-spaced. No response is required.
Page 2 | 5. Motions
The parties shall confer amongst themselves with respect to discovery demands prior to raising any issue with the Court. Parties should not contact the Court regarding discovery disputes unless they have first attempted to resolve the issue with the opposing party without the assistance of the Court.
The parties shall confer amongst themselves with respect to discovery demands prior to raising any issue with the Court. Parties should not contact the Court regarding discovery disputes unless they have first attempted to resolve the issue with the opposing party without the assistance of the Court.
Page 2 | 4. Discovery
Pre-motion conference required for dispositive motions, with pre-motion letter due at least two weeks before conference.
On _______________ at ______A.M. [usually 14 days after the close of all discovery], a pre-motion conference will be held for any anticipated dispositive motions, provided: i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court’s Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule.
Civil cases
3. Motions Not Requiring a Pre-Motion Conference...............................................8
3. Motions Not Requiring a Pre-Motion Conference...............................................8
Page 3 | A. Pre-Motion Conference
Pretrial status conferences may be suggested by parties or called by Court at any time.
Pretrial status conferences may be suggested in writing by the parties or called by the Court at any time.
Page 18 | Pretrial status conferences
Adjournment & Extension Requirements
Any party may respond within one week after the filing of an in limine motion.
Any party may respond within one week after the filing of an in limine motion.
Remote witness testimony requests must be made at least 3 business days in advance.
Any request for a witness to testify remotely, i.e. live, but by videoconference, shall be made as early as possible and at least three business days in advance of the witness being called.
Any party may respond within one week after the filing of a pretrial memorandum of law.
Any party may respond within one week after the filing of a pretrial memorandum of law.
Extension requests made after the original deadline will be denied unless extraordinary circumstances exist.
Absent extraordinary circumstances, requests for extension of time will be denied if not made before the expiration of the original deadline.
Page 5 | Requests for Adjournments and Extensions of Time
Adjournment/extension letters must include original due date, requested new date, previous request history, and adversary consent status.
The body of the letter shall state: (1) the original due date, the date sought to be extended and the new date the party now seeks; (2) the number of previous requests for adjournment or extension of time; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent.
Page 5 | Requests for Adjournments and Extensions of Time
Adjournment/extension requests must be made at least 2 business days before the deadline.
All requests for adjournments or extensions of time shall be made at least two business days before the date to be extended.
Page 5 | Requests for Adjournments and Extensions of Time
If adjournment/extension affects other dates, parties must propose new dates.
If the requested adjournment or extension affects any other scheduled dates, the parties shall indicate the new proposed dates.
Page 5 | Requests for Adjournments and Extensions of Time
Adjournment/extension requests must be filed as letter motions via ECF.
All requests for adjournments or extensions of time shall be made as a letter motion filed via ECF except as provided above.
Page 5 | Requests for Adjournments and Extensions of Time
Conference adjournment requests must be made by noon, 2 business days before the scheduled appearance.
Requests for adjournment of court conferences shall be made by noon at least two business days before the scheduled appearance.
Page 5 | Requests for Adjournments and Extensions of Time
Extensions/adjournments of court-imposed dates require compelling reasons.
Extensions and adjournments of Court-imposed dates and deadlines will be granted only for compelling reasons.
Page 6 | Requests for Adjournments and Extensions of Time
Parties must confer with adversary before seeking TRO unless Rule 65(b) requirements are met.
A party shall confer with the party’s adversary before making an application for a temporary restraining order unless the requirements of Federal Rule of Civil Procedure 65(b) are met.
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
Page 1 | 2. Communications
Opposition papers due within 4 weeks; reply papers due within 2 weeks of opposition.
Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within four weeks 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 2 | 2. Communications
Sentencing adjournment requests must be made at least 72 hours before proceeding
1. Sentencing Adjournments. Any request for an adjournment of a sentencing shall be made as early as possible, and no later than 72 hours before the sentencing proceeding in accordance with Section B.3 above.
Criminal cases
Page 8 | Sentencing
Applications to modify or extend dates must be made in writing at least 2 business days before the deadline.
Any application to modify or extend the dates herein, except as provided in paragraph 8(g), shall be made in a written application in accordance with the Court’s Individual Rules and shall be made no less than 2 business days prior to the expiration of the date sought to be extended.
Civil cases
Requests for Adjournments and Extensions of Time.
Requests for Adjournments and Extensions of Time.
Criminal cases
Page 2 | 3. Requests for Adjournments and Extensions of Time
Deadlines for interrogatories, depositions, and requests to admit may be extended by written consent of all parties without court application, provided fact discovery is completed by the date in paragraph 8(a).
Any of the deadlines in paragraphs 8(b) through 8(f) 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
Chambers Communication Rules
Sidebars not permitted during jury trials; generally not permitted during bench trials.
Sidebars during jury trials are not permitted under any circumstance, and during bench trials, generally will not be permitted.
Page 7 | A. Transparency, Efficiency and Time Management
Counsel must be present by 9:30 AM and available after 4:45 PM in jury trials.
In jury trials, in order to keep distractions during the trial to a minimum, counsel shall be present by 9:30 A.M. and available after 4:45 P.M. to discuss scheduling and any disputed matters that may arise.
Page 7 | A. Transparency, Efficiency and Time Management
Parties must present witnesses throughout trial day; failure to do so may result in being deemed to have rested.
The parties are expected to present witnesses throughout the entire trial day. 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.
Page 7 | A. Transparency, Efficiency and Time Management
Counsel must anticipate and raise evidentiary/legal issues before testimony, outside jury presence.
Counsel shall anticipate evidentiary and legal issues and raise them well in advance of the relevant testimony, outside the presence of the jury.
Page 7 | A. Transparency, Efficiency and Time Management
Parties must first discuss issues with opposing counsel before raising with Court.
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.
Page 7 | A. Transparency, Efficiency and Time Management
Counsel must advise Court of next day's exhibits and unresolved objections at end of each trial day.
At the end of each trial day, counsel shall advise the Court of any exhibits to be offered into evidence the following day and inform the Court of any objections that the parties have not been able to resolve. The Court will then admit exhibits as to which there are no objections, and to the extent possible will rule on the admissibility of any exhibits as to which there are objections.
Page 7 | A. Transparency, Efficiency and Time Management
Counsel must notify Court and opposing counsel in writing of witness scheduling problems.
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.
Page 7 | A. Transparency, Efficiency and Time Management
Authorization required for computers/printers; email form to Chambers 10 days before needed date.
In order for an attorney to bring into the Courthouse any computer, printer or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order. A form order is available at https://nysd.uscourts.gov/forms. Parties shall complete the fillable .PDF form and email it to Chambers at least 10 days prior to the requested date of authorization.
Page 9 | E. Electronic Devices
Attorneys must be members of the Court's Bar and obtain a service pass to bring electronic devices into the Courthouse.
Attorneys’ use of mobile phones, tablets and other personal electronic devices in the Courthouse is governed by Standing Order M10-468, available here. Any attorney wishing to bring a telephone or other personal electronic device into the Courthouse shall be a member of this Court’s Bar, shall obtain the necessary service pass from the District Executive’s Office, and shall show the service pass upon entering the Courthouse.
Page 9 | E. Electronic Devices
Provide adversary availability for in-person conference if no consent to TRO.
If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order shall provide the relevant parties’ availability for an in-person conference in the next few days in the email.
Call Chambers to state adversary notification and consent status.
The party shall then call Chambers and state clearly whether: (1) the party has notified its adversary, and whether the adversary consents to temporary injunctive relief; or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary.
Communications with Chambers must be by letter (max 750 words, 12-point font), except as otherwise ordered.
Unless otherwise ordered by the Court, all communications with Chambers shall be by letter, not to exceed 750 words, not including exhibits, and in 12-point font, except as provided below.
Email Chambers immediately when deciding to seek TRO.
As soon as a party decides to seek a temporary restraining order, the party shall email the Chambers inbox at Schofield_NYSDChambers@nysd.uscourts.gov. requesting the Court’s contact information.
Pro se communications must be in writing to Pro Se Intake Unit; no calls to Chambers.
All communications with the Court by a pro se party that are not filed on ECF must be in writing and sent to the Pro Se Intake Unit at 500 Pearl Street, Room 200, New York, NY, 10007 or through the drop box located in the lobby of the U.S. Courthouse at 500 Pearl Street, New York, NY. Documents or Court filings should not be sent directly to Chambers or Judge Schofield. No telephone calls will be accepted by Chambers.
Page 1 | 2. Communications
Pro se filings without ECF must be sent to Pro Se Intake Unit or emailed to Pro_Se_Filing@nysd.uscourts.gov.
If the pro se party is not participating in ECF, all papers to be filed with the Court by a pro se party must be sent to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. The Court will accept filings via email from pro se parties without ECF privileges. Filings submitted by email must be sent to Pro_Se_Filing@nysd.uscourts.gov, and done so in accordance with the procedures found in Section 1.1 of the ECF Rules and Instructions located at https://www.nysd.uscourts.gov/rules/ecf-related-instructions.
Page 2 | 3. Filing of Papers
Email specific address to request upload link for trial materials.
The parties shall email Schofield_NYSDChambers@nysd.uscourts.gov requesting a link to upload these materials.
Court reviews redactions and notifies parties via ECF
The Court will review the proposed redactions and notify the parties of its decision via ECF.
Page 8 | D. Redactions and Filing Under Seal
Counsel and parties may inform Court of their personal pronouns.
Counsel and parties are invited to inform the Court of their personal pronouns.
Page 18 | Personal Pronouns
Reasonable accommodation requests for disability or religion may be emailed to specified chambers address.
Requests for reasonable accommodations on account of disability or religion with respect to the Court’s rules or in connection with any proceeding before Judge Schofield may be emailed to Schofield_NYSDChambers@nysd.uscourts.gov.
Page 18 | Requests for Reasonable Accommodation
Incarcerated parties may participate in conferences by phone or video.
An incarcerated party may not be able to attend this or other conferences, but may be able to participate by telephone or video conference.
Page 3 | Initial Case Management Conference
Initial case management conference scheduled within three months of complaint filing.
The Court will generally schedule an initial case management conference within three months of the filing of the Complaint.
Page 3 | Initial Case Management Conference
Junior Lawyer Participation Incentives
Junior lawyers (5 years or less experience) arguing increases likelihood of oral argument.
A request for oral argument is more likely to be granted if counsel identifies one or two lawyers out of law school for five years or less who will argue the entirety of the motion and references this rule in the request.
Page 14 | 6. Oral Argument