Court Rules
district Judge
Verified Current9 days ago

Judge Mary Kay Vyskocil

Southern District of New York

Limits & Logistics

Document Limits

Memorandum Of Law
25 pgs

Courtesy Copies

Filings

Not Required

Filings (All filings)

Required

Filings (Hearing Transcript, Deposition Transcript)

Required

Filings (Pretrial Order, Affidavit, Deposition Excerpt, Documentary Exhibit, Objection To Request To Charge, Opposition To Motion In Limine, Opposition To Legal Argument)

Required

Filings (Plea Agreement, Cooperation Agreement, Pimentel Letter)

Required

Filings (Voir Dire, Jury Instructions, Verdict Forms)

Required

Adjournments

Must Include

  • 1
    Original Date
  • 2
    Number Of Previous Requests
  • 3
    Previous Requests Granted Or Denied
  • 4
    Reason For Request
  • 5
    Adversary Position
  • 6
    Affects Other Dates
Notice Required
72Hours

Must Include

  • 1
    Reason For Request
  • 2
    Number Of Previous Requests
  • 3
    Previous Requests Granted Or Denied
  • 4
    Adversary Position
Notice Required
3Business Days
Notice Required
14Days

Must Include

  • 1
    File Answer
  • 2
    File New Motion To Dismiss
  • 3
    Submit Letter Relying On Prior Motion
Notice Required
2Business Days
Notice Required
3Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Proposed New Dates

Communication

Phone

Intake Unit

(212) 805-0175
No Hours
Phone

Chambers

No Description, Status Inquiries
Letter Fax

Chambers

No Status Inquiries, Description
Email

Chambers

Technical IssuesEmergenciesScheduling
No Status Inquiries
Phone

Chambers

(212) 805-0200
SchedulingEmergencies
No Hours
Email

Chambers

VyskocilNYSDChambers@nysd.uscourts.gov
Advance Notice Required
No Hours, Status Inquiries
Email

Clerk

Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

(212) 805-0174
Scheduling
No Hours
In Person

Opposing Party

Discovery Disputes
Advance Notice Required
Phone

Chambers

(888) 278-0296
Scheduling
Advance Notice Required
Letter Ecf

Intake Unit

(212) 805-0175
No Description, Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationElectronicsMemorandaLettersECF FilingConferencesTRO/Injunction

Detailed Drafting Rules

Format RequirementMandatory

Letters to the court must not exceed 3 pages in length.

Letters. Except as otherwise provided below, communications with the Court should be by letter not to exceed three pages in length.

Communication ProtocolMandatory

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.

Phone

Direct to: Intake Unit

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    8:30am - 5:00pm, Monday – Friday
Communication ProtocolMandatory

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.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Communication ProtocolMandatory

Faxes to chambers are prohibited unless directed by the court.

Faxes to Chambers are not permitted (unless specifically directed by the Court).

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Pre-Motion ProcedureMandatory

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.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length4 pgs
Page 4
|SecDiscovery Disputes
Pre-Motion ProcedureMandatory

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.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Page 5
|Sec4.A.i
Pre-Motion ProcedureMandatory

Opposition pre-motion letter (max 3 pages) due within 3 business days if motion not on consent.

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.

Pre-Motion Conference

Check specific requirements before filing.

Letter Requirements

Status
Optional
Max Length3 pgs
Opposition Due3 days
Page 5
|Sec4.A.i
Page or Word LimitMandatory

Memoranda of law limited to 25 pages; reply memoranda limited to 10 pages.

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.

Format RequirementMandatory

Memoranda of law must be 12-point font or larger, double-spaced, and text-searchable.

All memoranda of law shall be in 12-point font or larger, double-spaced, and text-searchable.

Typography
Font FamilyOther
Size12 pt
Line SpacingDouble
Document RequirementMandatory

Memoranda of 10+ pages require TOC and TOA, excluded from page count.

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.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Contents
Table Of Authorities
Format RequirementMandatory

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.

Applies When:Document Type Set Undefined
Typography
Line SpacingSingle
Page 9
|SecC. Local Rule 56.1 Statements
Format RequirementMandatory

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.

Applies When:Document Type Set Undefined
Page 9
|SecC. Local Rule 56.1 Statements
Format RequirementMandatory

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.

Applies When:Document Type Set Undefined
Page 9
|SecC. Local Rule 56.1 Statements
Format RequirementMandatory

Multiple parties must coordinate 56.1 statements to avoid overlapping numbered paragraphs.

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.

Applies When:Document Type Set Undefined
Page 9
|SecC. Local Rule 56.1 Statements
Communication ProtocolNote

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.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 10
|SecA. Notice of Orders and Judgments
Communication ProtocolMandatory

Parties must call chambers immediately when seeking TRO to state adversary notification status.

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.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    business_hours
Page 10
|SecB. Applications for a Temporary Restraining Order
Communication ProtocolMandatory

Email unredacted and highlighted copies to chambers when filing sealed documents.

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.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 15
|SecSealing Procedure
Communication ProtocolMandatory

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.

Email

Direct to: Clerk

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    24_hours_prior_to_trial_or_hearing
Prohibited
  • Hours
  • Status Inquiries
Page 16
|SecElectronic Devices
Communication ProtocolImportant

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.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 16
|SecElectronic Devices
Page or Word LimitMandatory

Page limitations apply to claim construction submissions.

These submissions shall be submitted in accordance with the page limitations provided in the Court’s Individual Rule 4.A.iii.

Communication ProtocolMandatory

Discovery disputes must follow Local Rule 37.2 and meet and confer before court involvement.

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 Person

Direct to: Opposing Party

Approved Topics
Discovery Disputes
Requirements
  • Advance Notice Required
    good_faith_meet_and_confer
Page 2
|SecIn the case of discovery disputes, the parties should follow Local Rule 37.2
Pre-Motion ProcedureMandatory

Joint letter (max 4 pages) required for discovery disputes after unsuccessful meet-and-confer.

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.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length4 pgs
Page 3
|Secprocess, the Parties may file
Communication ProtocolMandatory

Civil conferences/proceedings held by telephone via dedicated conference line

In Civil Cases. 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.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    Call into dedicated conference line with Access Code 5195844
Page 1
|SecIn Civil Cases
Communication ProtocolImportant

Telephone calls go to voicemail only; email preferred for requests/inquiries

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, 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.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Description
    Calls go to voicemail only; email preferred
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

Urgent matters require email with URGENT subject line, case info, issue description, and callback number

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.

Email

Direct to: Chambers

Approved Topics
Emergencies
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

Faxes are prohibited for all purposes

Faxes are not permitted for any purposes.

Letter Fax

Direct to: Chambers

Prohibited
  • Description
    Faxes are not permitted for any purposes
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

Pro se parties must mail communications to Pro Se Intake Unit unless granted electronic filing permission

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. Any questions should be directed to the Pro Se Intake Unit at (212) 805-0175.

Letter via ECF

Direct to: Intake Unit

Approved Topics
SchedulingStatus InquiriesTechnical Issues
Prohibited
  • Description
    Pro se parties must mail to Pro Se Intake Unit unless granted electronic filing permission
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

AUSA must immediately email Court to arrange prompt conference/arraignment for new criminal cases

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.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 2
|SecIn New Criminal Cases