Judge Mary Kay Vyskocil
Limits & Logistics
Document Limits
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
- 1Original Date
- 2Number Of Previous Requests
- 3Previous Requests Granted Or Denied
- 4Reason For Request
- 5Adversary Position
- 6Affects Other Dates
Must Include
- 1Reason For Request
- 2Number Of Previous Requests
- 3Previous Requests Granted Or Denied
- 4Adversary Position
Must Include
- 1File Answer
- 2File New Motion To Dismiss
- 3Submit Letter Relying On Prior Motion
Must Include
- 1Reason For Request
- 2Original Date
- 3Proposed New Dates
Communication
Phone
Intake Unit
Phone
Chambers
Letter Fax
Chambers
Chambers
Phone
Chambers
Chambers
Clerk
Phone
Chambers
Phone
Chambers
In Person
Opposing Party
Phone
Chambers
Letter Ecf
Intake Unit
Detailed Drafting Rules
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.
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
- Hours8:30am - 5:00pm, Monday – Friday
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
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
- Status Inquiries
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
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
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
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.
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.
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
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 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.
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.
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.
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.
Direct to: Chambers
- Status Inquiries
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
- Hoursbusiness_hours
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.
Direct to: Chambers
- Advance Notice Required
- Hours
- Status Inquiries
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.
Direct to: Clerk
- Advance Notice Required24_hours_prior_to_trial_or_hearing
- Hours
- Status Inquiries
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
- Advance Notice Required
- Hours
- Status Inquiries
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.
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
- Advance Notice Requiredgood_faith_meet_and_confer
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
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
- Advance Notice RequiredCall into dedicated conference line with Access Code 5195844
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
- DescriptionCalls go to voicemail only; email preferred
- Status Inquiries
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.
Direct to: Chambers
Faxes are prohibited for all purposes
Faxes are not permitted for any purposes.
Letter Fax
Direct to: Chambers
- DescriptionFaxes are not permitted for any purposes
- Status Inquiries
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
- DescriptionPro se parties must mail to Pro Se Intake Unit unless granted electronic filing permission
- Status Inquiries
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.
Direct to: Chambers