Judge Mary Kay Vyskocil
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Binding: Three Ring Binder
Courtesy copies
- 2 copies
- Not required
Documentary Exhibit
- 2 copies • Hand Delivery • Upon Filing
Hearing Transcript, Deposition Transcript
- 1 copy
Adjournments
- Defendant has 14 days after amended complaint to answer, file new motion to dismiss, or rely on prior motion.
- Letter motions for adjournments or extensions of time should state: (i) the original due date; (ii) the number of previous requests for
- Pro se parties submit extension requests to Pro Se Office with Rule 2(D) information, proposed order optional.
- Scheduling order cannot be modified except for good cause shown.
- +1 more
Request must include
- If the letter motion is not on consent, any opposing party should submit a letter setting forth its position, within three business days after the initial letter motion is received.
- Counsel may extend bankruptcy appeal deadlines by stipulation filed 2 business days before due date.
- Adjournment/extension requests must be made at least 72 hours before the scheduled appearance.
- Applications to modify/extend deadlines must be made in writing at least 3 days before expiration.
Communication
Chambers
Phone
Intake Unit
Phone
Chambers
Phone
Chambers
Page & Word Limits3 rules
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages.
25 pages
Reply Memorandum
10 pages
These submissions shall be submitted in accordance with the page limitations provided in the Court’s Individual Rule 4.A.iii.
Fact discovery must be completed within 120 days unless exceptional circumstances.
All fact discovery shall be completed no later than ___________________. [A period not to exceed 120 days (use an exact date), unless the Court finds that the case presents unique complexities or other exceptional circumstances.]
Discovery
Document Format Requirements9 rules
Opposing parties must reproduce and respond to each entry in moving party's 56.1 statement (except pro se cases).
Except in pro se cases, opposing parties must reproduce each entry in the moving party's 56.1 Statement, and set out the opposing party's response directly beneath it. The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon.
If multiple parties are submitting 56.1 Statements, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.
56.1 statements must be organized into numbered paragraphs with single factual assertions and citations.
The 56.1 Statement must be organized into numbered paragraphs and each numbered paragraph must contain only one factual assertion. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.
Opposing party may add additional numbered paragraphs; moving party must respond to additional assertions.
The response may go on to make additional factual allegations in paragraphs numbered consecutively to those of the moving party (i.e., they do not begin re-numbering at 1). If additional factual allegations are made by the opposing party, the moving party must file its own responsive 56.1 Statement addressing the additional assertions.
Letters. Except as otherwise provided below, communications with the Court should be by letter not to exceed three pages in length.
All memoranda of law shall be in 12-point font or larger, double-spaced, and text-searchable.
Communications with the Court should generally be by letter not to exceed three pages in length.
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email.
The briefing schedule and format and length specifications set forth in the applicable provisions of Federal Rules of Bankruptcy Procedure shall govern unless otherwise ordered by the Court.
Document Filing Requirements55 rules
Emergency applications should be filed with the Orders and Judgments Clerk, in person at 40 Foley Square, Room 105.
DocumentEmergency Application
Related cases must include both docket numbers in all future court papers and correspondence.
After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related (e.g., 19 Civ. 1234 [rel. 18 Civ. 4321]).
DocumentAll Court Papers
Counsel for all parties must file notices of appearance in this Court promptly upon removal.
DocumentNotice Of Appearance
All stipulations and proposed orders — with the exception of emergency applications, including temporary restraining orders and preliminary injunctions — should be filed electronically using the Court’s ECF system. Emergency applications should be filed with the Orders and Judgments Clerk, in person at 40 Foley Square, Room 105.
DocumentStipulation
initial disclosures pursuant to Rule 26(a)(1) shall be promptly exchanged prior to the Initial Pretrial Conference.
DocumentInitial Disclosure
Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful.
DocumentDiscovery Dispute Letter
The attorney who will serve as principal trial counsel must appear at all conferences with the Court.
DocumentConference Attendance
Except in pro se cases, the moving party should provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts Pursuant to Local Civil Rule 56.1.
DocumentStatement Of Material Facts
Each memoranda of law must include a statement of facts and may not simply incorporate by reference the entirety of a party's 56.1 Statement.
DocumentMemorandum Of Law
Parties must file proposed joint pretrial order on ECF and email to court within 30 days of post-discovery conference.
The parties shall file on ECF, and e-mail to the Court, within thirty (30) days of the Post-Discovery Conference, unless otherwise ordered by the Court, a proposed joint pretrial order, which shall include the following:
DocumentJoint Pretrial Order
Submit to the Court and serve on opposing counsel, but NOT file on ECF, all documentary exhibits;
DocumentDocumentary Exhibits
Joint voir dire, verdict form, and jury instructions required in jury cases, submitted by email in Word format
In jury cases, joint proposed voir dire questions, verdict form and requests to charge. These joint submissions shall consist of single documents, jointly composed, noting any areas of disagreement between the parties. The voir dire questions and jury instructions shall include both the text of any requested questions or instructions as well as a citation, if available, to the authority from which it derives. These documents should also be submitted by e mail to Chambers in Microsoft Word format;
DocumentJury Pretrial Submission
Opposition papers to in limine motions due within 7 days, reply papers within 4 days
In both jury and non-jury cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. **Opposition papers shall be filed within seven days thereafter, and reply papers, if any, shall be filed within four days of any opposition;
DocumentIn Limine Motion
In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. These documents should also be submitted to Chambers by e mail in Microsoft Word format.
DocumentNon Jury Pretrial Submission
At the time the joint pretrial order is filed, each party shall e-mail to the Court and serve on opposing counsel, but not file on ECF, the following:
DocumentAdditional Non Ecf Submissions
After receiving the certificate of default, the plaintiff must file on ECF a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.1 and 55.2. A plaintiff seeking a default judgment should NOT proceed by order to show cause.
DocumentDefault Judgment
Certificate of Default required from Clerk for each defaulting defendant before filing default judgment motion.
Before proceeding with a motion, a plaintiff seeking a default judgment must obtain a Certificate of Default for each defaulting defendant from the Clerk’s Office pursuant to Federal Rule of Civil Procedure 55(a) and Local Rule 55.1.
DocumentDefault Judgment
The motion for default judgment must be accompanied by a proposed form of judgment and be supported by the following papers (which must be filed on ECF):
DocumentDefault Judgment
If the Court issues an Order, plaintiff should promptly serve on the defendant (a) a conforming copy of the motion and supporting papers and (b) the Court’s Order setting the date and time for the default judgment hearing.
DocumentDefault Judgment
Relief. If a party seeks an award of damages or attorney’s fees and expenses, the moving party must also include:
DocumentDefault Judgment
Prior to the hearing date, Plaintiff must file on ECF proof of service in the manner and by the date specified by the Court’s Order setting the default judgment hearing.
DocumentProof Of Service
Proposed judgment must be clerk-approved before default judgment conference.
Prior to the return date, Plaintiff must take the proposed judgment, separately backed, to the Orders and Judgments Clerk for the Clerk’s approval. The proposed judgment, including all damage and interest calculations, must be approved by the Clerk prior to the conference and then brought to the conference for the Judge’s signature.
DocumentProposed Judgment
Sur-reply memoranda will not be accepted without prior permission of the Court.
DocumentSur Reply Memorandum
Pro se notices required for motions to dismiss, judgment on pleadings, or summary judgment.
Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.
DocumentMotion
motions to exclude testimony of experts must be made by the deadline for dispositive motions and should not be treated as motions in limine.
DocumentMotion To Exclude Expert Testimony
A plaintiff seeking a default judgment must proceed by way of a motion, and NOT by Order to Show Cause, pursuant to the procedure set forth in Attachment A.
DocumentDefault Judgment
Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.
DocumentMemorandum Of Law
Where parties rely on deposition testimony, they may quote excerpts of deposition transcripts, but must include (only once) the entire deposition transcript as an exhibit.
DocumentMotion
Administrative letter motions must comply with Local Rules and ECF Rules.
Letter motions with respect to administrative matters may be filed via ECF if they comply with the Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. All requests for adjournments, extensions, and pre-motion conferences should be filed as letter motions.
DocumentLetter Motion
Non-moving party must notify Court within 14 days of motion to dismiss filing.
When a motion to dismiss is filed, the non-moving party must, within fourteen (14) days of filing of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it shall do so, or (ii) it will rely on the pleading being attacked.
DocumentMotion To Dismiss
Whenever defense counsel has received, or will receive, a benefactor payment that subjects counsel to a conflict of interest, he or she must immediately inform the Court and request a Curcio hearing.
DocumentConflict Disclosure
joint proposed voir dire, jury instructions, and verdict forms shall be filed on ECF three weeks prior to the trial date.
DocumentPretrial Submission
the Government must provide the Court with two hard copies of the exhibit list, and one set of pre-marked documentary exhibits and Section 3500 material.
DocumentExhibit List
The government shall provide the Court with a copy of the proposed forfeiture order at the same time as the plea agreement.
DocumentPlea Agreement
a defendant's sentencing submission shall be served on the government and e-mailed to Chambers no later than two weeks before the date set for sentencing.
DocumentSentencing Submission
The parties shall complete all discovery related to claim construction, including any depositions with respect to claim construction of any witnesses, by_________ [30 days after No. 5]
DocumentClaim Construction Discovery
Opinion of counsel must be produced under SDNY Rule 10.
The parties are reminded that pursuant to SDNY Rule 10, each party that will rely on an opinion of counsel as part of a defense to a claim of willful infringement or inducement of infringement, or that a case is exceptional, must produce or make available for inspection and copying the opinion(s) and any other documents relating to the opinion(s) as to which attorney-client or work product protection has been waived as a result of such production no later than . [30 days after the Court’s claim construction ruling]
DocumentOpinion Of Counsel
The parties shall jointly file a Joint Disputed Claim Terms Chart as provided in Local Patent Rule 11 of the Southern District of New York on or before ____________. [60 days after No. 3]
DocumentJoint Disputed Claim Terms Chart
The parties shall exchange preliminary claim construction and extrinsic evidence by . [20 days after No. 4]
DocumentPreliminary Claim Construction
The parties shall exchange proposed terms of claim elements for construction by . [10 days after No. 3]
DocumentProposed Claim Construction Terms
The parties shall jointly file a claim construction chart by____________. [7 days after the reply in No. 9]
DocumentJoint Claim Construction Chart
Initial disclosures pursuant to Rule 26(a)(1) shall be promptly exchanged prior to the Initial Pretrial Conference. Fed. R. Civ. P. 26(a)(1).
DocumentInitial Disclosure
At least one week before a criminal appearance, counsel must confer and submit a letter on telephone/video proceedings and the defendant's consent or waiver.
No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether.
DocumentLetter
The Court does not endorse the terms of private settlement agreements.
DocumentSettlement Agreement
The Court does not endorse stipulations of voluntary dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure.
DocumentVoluntary Dismissal
Copies of correspondence between counsel shall not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).
DocumentCorrespondence
Absent good cause, the Court will not have summary judgment practice in a non-jury case.
DocumentSummary Judgment Motion
Counsel should include the same information in any request for a conference or other proceeding.
DocumentRequest For Conference
The Court will review the motion for default judgment and, if appropriate, issue an order setting a date and time for a default judgment hearing.
DocumentDefault Judgment
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. After reviewing the motion papers, the Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.
DocumentMotion
The Court generally follows the procedure for the conduct of non-jury trials described in Section 7(C) below.
DocumentPreliminary Injunction Motion
The Court will issue an order scheduling a claim construction hearing at the post-discovery conference.
DocumentClaim Construction Hearing Order
The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York.
DocumentDiscovery
All motions and applications shall be governed by the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York,
DocumentMotion
All motions and applications shall be governed by the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York, and the Court’s Individual Practice Rules.
DocumentMotion
Filing & Service rules
Electronic Filing Rules
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to VyskocilNYSDChambers@nysd.uscourts.gov.
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to VyskocilNYSDChambers@nysd.uscourts.gov.
Page 1 | No Paper Submissions Absent Undue Hardship
TRO and emergency-relief applications must be emailed to the Court in text-searchable PDF format.
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email.
Page 2 | Applications for Temporary Restraining Orders (“TROs”)
In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.
In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.
Page 1 | No Paper Submissions Absent Undue Hardship
Pro se parties may file electronically via ECF or email only with Court permission; otherwise communications must be mailed to the Pro Se Intake Unit.
Pro se parties are encouraged to (1) consent to electronic service (via ECF or email); or (2) seek the Court’s permission to file documents through the ECF system or by email to the Court. Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007.
Page 2 | By Pro Se Parties
Filing Timing and Cure Windows
The criminal-case letter must be submitted no later than one week before the scheduled appearance.
No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether.
Page 1 | In Criminal Cases
Courtesy Copy Requirements
Removing counsel must provide courtesy copies of state court pleadings to the Court.
Counsel for the removing party or parties must, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), provide the Court with a courtesy copy of any pleading filed or served while the case remained in state court.
Civil cases
Page 3 | Cases Removed from State Court
Courtesy copies are not necessary unless otherwise directed by the Court. Upon request, courtesy copies of motion papers, marked as such and including the ECF header (See Section 2(B) above), shall be mailed or hand- delivered to the Court by the party making the filing. All courtesy copies should be double-sided, three-hole-punched, tabbed, and placed in binders.
Courtesy copies are not necessary unless otherwise directed by the Court. Upon request, courtesy copies of motion papers, marked as such and including the ECF header (See Section 2(B) above), shall be mailed or hand- delivered to the Court by the party making the filing. All courtesy copies should be double-sided, three-hole-punched, tabbed, and placed in binders.
Civil cases
Electronic, text-searchable courtesy copies of transcripts required except in pro se cases.
Except in pro se cases, the parties shall provide the Court with an electronic, text- searchable courtesy copy of any hearing or deposition transcript on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome.
Civil cases
Two courtesy copies of all documents identified in Sections 7(A), (B), (C)(i-ii), and (D) above should be mailed or hand-delivered to Chambers on the date on which they are to be served or filed. Only one set of documentary exhibits is required.
Two courtesy copies of all documents identified in Sections 7(A), (B), (C)(i-ii), and (D) above should be mailed or hand-delivered to Chambers on the date on which they are to be served or filed. Only one set of documentary exhibits is required.
Civil cases
Parties should provide these materials on a CD or memory stick and not by e-mail.
Parties should provide these materials on a CD or memory stick and not by e-mail.
Civil cases
At the time of filing, the parties should also email copies of these documents as Microsoft Word documents to Chambers.
At the time of filing, the parties should also email copies of these documents as Microsoft Word documents to Chambers.
Criminal cases
The government shall provide a courtesy copy of the signed plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be e-mailed to Chambers as soon as practicable, and no later than three business days before the scheduled plea. Late submission may result in adjournment.
The government shall provide a courtesy copy of the signed plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be e-mailed to Chambers as soon as practicable, and no later than three business days before the scheduled plea. Late submission may result in adjournment.
Criminal cases
Courtesy hard copies may not be submitted to Chambers.
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers.
Page 1 | No Paper Submissions Absent Undue Hardship
No deliveries to Chambers are allowed without the Court's advance permission.
Nothing may be delivered to Chambers absent advance permission from the Court.
Page 2 | Hand Deliveries
Parties should not hand-deliver documents to Chambers without advance permission.
As noted above, parties should not hand-deliver any documents without advance permission.
Page 2 | Applications for Temporary Restraining Orders (“TROs”)
No courtesy copies required for stipulations and proposed orders.
Courtesy copies need not be sent to Chambers.
Civil cases
Page 3 | Proposed Orders and Stipulations
Voluminous courtesy copies must be organized in binders or folders and arranged into two separate sets.
Voluminous material may be organized either in binders or manila file folders but in any event, the courtesy copies shall be separately arranged into two independent sets.
Civil cases
Sealing & Redaction Procedures
Motions to seal must be filed publicly with explanation, supporting papers filed separately under seal or redacted.
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal (including why the redactions are consistent with the standards discussed in Paragraph 9(B) above), and should not include the confidential information sought to be filed under seal or redacted. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be redacted.
Civil cases
Page 15 | Sealing Procedure
Parties unable to file under seal electronically must seek leave to file on paper.
Any party unable to comply with the requirements 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.
Civil cases
Page 15 | Sealing Procedure
For redactions in public filings, file redacted version publicly and unredacted version under seal with highlights.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed on ECF and related to the motion.
Civil cases
Page 15 | Sealing Procedure
Sealed documents must be filed under seal in ECF and related to the motion; docket text remains public.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. 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.
Civil cases
Page 15 | Sealing Procedure
Sealed/redacted filings in civil cases must be filed electronically through ECF with motion for approval.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system
Civil cases
Certain sensitive information must be redacted from public filings without court approval per FRCP 5.2.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
Civil cases
Filing Bundling Requirements
Motion papers must be filed promptly after service.
Motion papers shall be filed with the Clerk’s Office promptly after service.
Civil cases
Pre-Motion Conference Requirements
Parties must file joint letter and proposed case management plan one week before initial pretrial conference.
Pursuant to the Notice, the parties are required to file on ECF and submit via e-mail (VyskocilNYSDChambers@nysd.uscourts.gov) a joint letter and Proposed Civil Case Management Plan and Scheduling Order in PDF and Microsoft Word format one week prior to the Initial Pretrial Conference.
Civil cases
Page 4 | Initial Case Management Conference
Initial case management conference scheduled within one month of Answer filing.
The Court will generally schedule a conference pursuant to Federal Rule of Civil Procedure 16(c) to take place within one month of the filing of an Answer to the Complaint.
Civil cases
Page 4 | Initial Case Management Conference
Discovery disputes require good faith meet-and-confer with opposing party before filing.
Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.
Civil cases
Page 4 | Discovery Disputes
Unresolved discovery disputes may be filed as joint letter (max 4 pages) requesting informal conference.
If this meet-and-confer process does not resolve the dispute, the party may file on ECF a joint letter, no longer than four pages, explaining the nature of the dispute and setting forth the position of each party with respect to the disputed issue, and requesting an informal conference.
Civil cases
Page 4 | Discovery Disputes
Summary judgment pre-motion letters due one week before Post-Discovery Conference.
Pre-motion letters concerning a motion for summary judgment must be filed one week in advance of the Post-Discovery Conference (see ¶3E).
Civil cases
Page 5 | 4.A.i
Pre-motion letter required (max 3 pages) for certain motions, describing motion and consent status.
To request a pre-motion conference, the party wishing to make a motion shall file a letter, not to exceed three pages, briefly describing the motion that is contemplated and summarizing the grounds for the proposed motion, and whether the motion is on consent of all parties.
Civil cases
Page 5 | 4.A.i
Summary judgment pre-motion letters must include Rule 56.1 statements.
If the contemplated motion is for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, the pre-motion conference letter must be accompanied by a copy of the movant’s Rule 56.1 statement and any letter in opposition must attach the non-movant’s Rule 56.1 Counter-Statement.
Civil cases
Page 5 | 4.A.i
If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is filed.
If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is filed.
Civil cases
Page 5 | 4.A.i
Parties must confer with adversary before seeking TRO unless Rule 65(b) requirements are met.
A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met.
Civil cases
Page 10 | B. Applications for a Temporary Restraining Order
TRO applications must be scheduled at mutually agreeable time when adversary doesn't consent.
If a party's adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must bring the application to the Court at a time mutually agreeable to the party and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.
Civil cases
Page 10 | B. Applications for a Temporary Restraining Order
If any party wishes to make a motion at this time, it should submit a pre-motion letter in accordance with the Court’s Individual Rules at least four days prior to this conference.
If any party wishes to make a motion at this time, it should submit a pre-motion letter in accordance with the Court’s Individual Rules at least four days prior to this conference.
Counsel must meet face-to-face for 1 hour within 14 days of responsive pleading to discuss settlement.
All counsel must meet face-to-face for at least one hour to discuss settlement and the use of alternate dispute resolution within fourteen (14) days after the filing of a responsive pleading.
Civil cases
Page 3 | All counsel must meet face-to-face
process, the Parties may file a joint letter on ECF, no longer than four pages, explaining the nature of the dispute and setting forth the position of each party with respect to the disputed issue, and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful.
process, the Parties may file a joint letter on ECF, no longer than four pages, explaining the nature of the dispute and setting forth the position of each party with respect to the disputed issue, and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful.
Civil cases
Page 3 | process, the Parties may file
Court generally won't retain jurisdiction to enforce settlements; requires motion with reasons and settlement agreement.
The Court also generally will not retain jurisdiction to enforce settlement agreements. If the parties believe that exceptional and compelling circumstances justify requesting that the Court retain jurisdiction to enforce a particular settlement agreement, the parties must file a motion containing that request and the reasons for retaining jurisdiction and attaching a copy of the settlement agreement on the public docket (or explaining why the settlement agreement cannot be made public at the time of the motion).
Civil cases
Page 10 | C. Voluntary Dismissals, Settlement Agreements, and Requests To Retain Jurisdiction
Pre-motion letters don't stay deadlines except motion to dismiss stays defendant's answer deadline.
The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint.
Civil cases
Page 5 | 4.A.i
Pre-motion conferences not required for specific motion types including pro se, TROs, injunctions, remand, etc.
Pre-motion conferences are not required with respect to: • Motions by incarcerated pro se litigants; • Applications for temporary restraining orders; • Applications for injunctions; • Motions to remand; • Motions for reargument; • Motions described in Federal Rules of Appellate Procedure 4(a)(4)(A); • Applications for attorney’s fees; • Motions for reduction of sentences; • Objections to a Magistrate Judge’s ruling; • Motions brought on by order to show cause; • Motions for admission pro hac vice;
Civil cases
Page 5 | 4.A.i
Pre-motion submissions not required from pro se parties; response optional if adversary files.
Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre- motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission.
Civil cases
Page 6 | 4.A.ii
Adjournment & Extension Requirements
Adjournment/extension requests must be made at least 72 hours before the scheduled appearance.
All requests for adjournments or extensions of time, including requests on consent, must be made at least 72 hours prior to the scheduled appearance. Absent good cause, failure to comply with this deadline will result in denial of the request.
Civil cases
Page 3 | Adjournment/Extension Requests
Letter motions for adjournments or extensions of time should state: (i) the original due date; (ii) the number of previous requests for
Letter motions for adjournments or extensions of time should state: (i) the original due date; (ii) the number of previous requests for
Civil cases
Defendant has 14 days after amended complaint to answer, file new motion to dismiss, or rely on prior motion.
If plaintiff amends its pleading, the defendant must, within fourteen days of service of the amended complaint: (i) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court and the plaintiff stating that it relies on the previously filed motion to dismiss.
Civil cases
If the letter motion is not on consent, any opposing party should submit a letter setting forth its position, within three business days after the initial letter motion is received.
If the letter motion is not on consent, any opposing party should submit a letter setting forth its position, within three business days after the initial letter motion is received.
Civil cases
Adjournment/extension requests must be made at least 72 hours in advance.
All requests for adjournments or extensions of time, including requests on consent, must be made at least 72 hours prior to the scheduled appearance or deadline.
Criminal cases
Page 2 | Communications with the Court
Extension requests must address impact on Speedy Trial Act clock.
The party requesting an extension must address any impact on the status of the clock under the Speedy Trial Act, 18 U.S.C. § 3161.
Criminal cases
Page 2 | Communications with the Court
Letter motions for adjournments or extensions of time should state: (i) the original due date; (ii) the number of previous requests for adjournment or extension of time; (iii) whether these previous requests were granted or denied; (iv) the reason for the current request; and (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Letter motions for adjournments or extensions of time should state: (i) the original due date; (ii) the number of previous requests for adjournment or extension of time; (iii) whether these previous requests were granted or denied; (iv) the reason for the current request; and (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Criminal cases
Page 2 | Communications with the Court
Scheduling order cannot be modified except for good cause shown.
This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown.
Civil cases
Page 5 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Failure to meet deadlines may result in sanctions including preclusion or dismissal.
Failure to comply with the deadlines set forth herein may result in sanctions, including preclusion at trial of information not provided or dismissal of claims or defenses.
Civil cases
Page 5 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Applications to modify/extend deadlines must be made in writing at least 3 days before expiration.
Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph 2(G) of the Court’s Individual Practice Rules and shall be made no less than three (3) days prior to the expiration of the date sought to be extended.
Civil cases
Page 5 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Pro se parties submit extension requests to Pro Se Office with Rule 2(D) information, proposed order optional.
Requests for extensions by pro se parties should be submitted to the Pro Se Office, and shall include the information specified in Rule 2(D), except that a pro se party may, but is not required to, submit a proposed Revised Scheduling Order.
Civil cases
Page 3 | Adjournment/Extension Requests
Counsel may extend bankruptcy appeal deadlines by stipulation filed 2 business days before due date.
Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.
Civil cases
Page 10 | D. Bankruptcy Appeals
Chambers Communication Rules
As soon as a party decides to seek a temporary restraining order, he or she must call Chambers at (212) 805-0200 and state clearly whether (i) he or she has notified the adversary, and whether the adversary consents to temporary injunctive relief; or (ii) the requirements of Fed. R. Civ. P. 65(b) are satisfied and no notice is necessary.
As soon as a party decides to seek a temporary restraining order, he or she must call Chambers at (212) 805-0200 and state clearly whether (i) he or she has notified the adversary, and whether the adversary consents to temporary injunctive relief; or (ii) the requirements of Fed. R. Civ. P. 65(b) are satisfied and no notice is necessary.
Civil cases
Page 10 | B. Applications for a Temporary Restraining Order
ii. E-mailing of Documents to Chambers. At the same time, the party should e-mail to Chambers (VyskocilNYSDChambers@nysd.uscourts.gov) (i) a clean (i.e., unredacted) copy of the document and (ii) a copy of the document highlighting the information that has been redacted in the ECF filing.
ii. E-mailing of Documents to Chambers. At the same time, the party should e-mail to Chambers (VyskocilNYSDChambers@nysd.uscourts.gov) (i) a clean (i.e., unredacted) copy of the document and (ii) a copy of the document highlighting the information that has been redacted in the ECF filing.
Civil cases
Page 15 | Sealing Procedure
Electronic device forms must be emailed to court at least 24 hours before trial/hearing.
If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit a copy of the Electronic Devices General Purpose Form, available at https://nysd.uscourts.gov/node/766, to the Court by e-mail at least 24 hours prior to the relevant trial or hearing. Untimely requests may be denied on that basis alone.
Civil cases
Page 16 | Electronic Devices
Pro se parties must communicate with the Pro Se Intake Office, not chambers.
All communications with the Court by a pro se party must be sent to the Pro Se Intake Office. You may contact the Pro Se Intake Office at (212) 805-0175 during normal business hours, 8:30am - 5:00pm, Monday – Friday. No documents or filings should be sent directly to Chambers.
Civil cases
Pro se parties cannot call chambers directly.
Pro se parties are not permitted to telephone Chambers. Pro se parties are directed to contact the Pro Se Intake Office at (212) 805-0175.
Civil cases
Faxes to chambers are prohibited unless directed by the court.
Faxes to Chambers are not permitted (unless specifically directed by the Court).
Civil cases
Faxes to Chambers are prohibited unless directed by the Court.
Faxes to Chambers are not permitted (unless specifically directed by the Court).
Criminal cases
Page 2 | Communications with the Court
In the case of discovery disputes, the parties should follow Local Rule 37.2 and the Court’s Individual Rules of Practice in Civil Cases (“Individual Practice Rules”), which are available at https://nysd.uscourts.gov/hon-mary-kay-vyskocil. Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.
In the case of discovery disputes, the parties should follow Local Rule 37.2 and the Court’s Individual Rules of Practice in Civil Cases (“Individual Practice Rules”), which are available at https://nysd.uscourts.gov/hon-mary-kay-vyskocil. Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.
Civil cases
Page 2 | In the case of discovery disputes, the parties should follow Local Rule 37.2
In new criminal cases, the AUSA must immediately email the Court to arrange a prompt conference or arraignment.
Upon assignment of a new criminal case to Judge Vyskocil, the Assistant United States Attorney must immediately email the Court to arrange for a prompt conference/arraignment.
Page 2 | In New Criminal Cases
Mobile phones permitted in courtroom but must be turned off; non-compliance may result in forfeiture.
If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they must be kept turned off at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.
Civil cases
Page 16 | Electronic Devices
Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. In some cases, the Court may direct one of the parties to set up a conference line. In all other cases, the parties should call into the Court’s dedicated conference line at (888) 278-0296, and enter Access Code 5195844, followed by the pound (#) key.
Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. In some cases, the Court may direct one of the parties to set up a conference line. In all other cases, the parties should call into the Court’s dedicated conference line at (888) 278-0296, and enter Access Code 5195844, followed by the pound (#) key.
Page 1 | In Civil Cases
Chambers telephone calls go to voicemail with delayed responses; voicemail should state the issue and callback number, and requests/inquiries should go through ECF or email.
Telephone calls will not be answered but will go to voicemail; and there may be significant delays in responding to any voicemail messages. Thus, parties are encouraged to make any requests or inquiries to the Court through ECF or, if permitted or required under the Court’s Individual Rules and Practices, by email. If leaving a voicemail, a party should (1) briefly state the nature of the issue (including, if applicable, the case name and docket number); and (2) provide a call-back telephone number.
Page 1 | Telephone Calls
For urgent matters requiring immediate attention, parties should send an email to Chambers that (1) includes the word “URGENT” in the subject line; (2) specifies the case name and docket number; (3) briefly describes the nature of the issue; and (4) provides a telephone number at which the party (and any other relevant parties) can be reached.
For urgent matters requiring immediate attention, parties should send an email to Chambers that (1) includes the word “URGENT” in the subject line; (2) specifies the case name and docket number; (3) briefly describes the nature of the issue; and (4) provides a telephone number at which the party (and any other relevant parties) can be reached.
Page 2 | Urgent Matters
Faxes are prohibited for all purposes.
Faxes are not permitted for any purposes.
Page 2 | Faxes
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 the relevant parties’ availability for a telephone conference in the next few days.
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 the relevant parties’ availability for a telephone conference in the next few days.
Page 2 | Applications for Temporary Restraining Orders (“TROs”)
Court provides notice of orders/judgments through ECF system; no facsimile copies except for non-ECF cases or extraordinary circumstances.
The Court will provide notice of entry of any order or judgment through the Electronic Filing System for all ECF cases. The Court will not send facsimile copies of orders of judgments, except in cases which are not ECF cases and in extraordinary circumstances.
Civil cases
Page 10 | A. Notice of Orders and Judgments
Urgent letters should be emailed as PDF to Chambers.
Letters requiring immediate attention should be emailed as a PDF to Chambers.
Criminal cases
Page 1 | Communications with the Court
Call Courtroom Deputy for scheduling between 9AM-4:30PM.
For docketing, scheduling, and calendar matters, call the Courtroom Deputy Roseanne Dempsey at (212) 805-0174 between 9:00AM and 4:30PM.
Criminal cases
Page 1 | Communications with the Court
Criminal conferences and proceedings will be held by telephone or video to the maximum extent possible.
To the maximum extent possible, all conferences and proceedings will be held by either telephone or video.
Page 1 | In Criminal Cases
Pro se parties should direct questions to the Pro Se Intake Unit at (212) 805-0175.
Any questions should be directed to the Pro Se Intake Unit at (212) 805-0175.
Page 2 | By Pro Se Parties
Junior Lawyer Participation Incentives
Court permits multiple attorneys to argue if it allows junior lawyer participation.
The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.
Civil cases
Page 4 | Participation by Junior Attorneys
Court encourages junior attorney participation in all proceedings where they contributed substantially.
The Court encourages the participation of less experienced attorneys in all proceedings — including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial — particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness.
Civil cases
Page 4 | Participation by Junior Attorneys