Judge Naomi Reice Buchwald
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Letter
- 1 copy • Email • Immediately Upon Filing
Motion
- 2 copies • Hand Delivery • Promptly After Filing
Adjournments
- Adjournment/extension requests must include specific information and be made 48 hours in advance for court appearances.
Communication
Chambers
Document Filing Requirements3 rules
Motion papers must include a 3-page letter outlining substantive arguments.
Court's wording
Motion papers shall be accompanied by a letter no longer than three pages outlining the substantive argument advanced in the motion papers. Such letters shall accompany opening memoranda of law and opposition memoranda of law. This letter requirement is separate from the pre-motion letter referenced in 2(B).
Surreply briefs are not allowed, absent specific permission from the Court for good cause.
Court sets individual pretrial schedule covering various pretrial filings.
Court's wording
The Court will set an individual schedule for filings prior to trial covering the subjects of pretrial orders, jury charges, in limine motions, proposed findings of fact and conclusions of law, and pretrial memoranda as appropriate.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies of letter-motions must be emailed to chambers simultaneously with ECF filing.
Simultaneously with the ECF filing of a letter a courtesy copy must be emailed to BuchwaldNYSDChambers@nysd.uscourts.gov. Failure to promptly furnish a courtesy copy to Chambers will result in a delayed response since as a general matter, materials filed via ECF are reviewed by the Court the business day after they have been filed.
Two courtesy copies of all motion papers must be submitted to chambers promptly after ECF filing.
Two courtesy copies of all motion papers, marked as such, shall be submitted to Chambers promptly after filing via ECF. Courtesy copies shall be bound or otherwise collated.
Sealing & Redaction Procedures
Motions for sealed/redacted filings must follow specific court procedures and standing order.
Sealing/Redactions Requiring Court 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 in conformity with the Court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.
Certain sensitive information must be redacted from public filings without court approval.
Sealing/Redactions Not Requiring Court Approval. 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.
Pre-Motion Conference Requirements
Pre-motion conference required before most motions, with 3-page letter and 3-day response deadline.
A pre-motion conference is required before making any motion, except for motions to be brought on by an order to show cause, motions by incarcerated pro se litigants, motions for reargument, motions to remand, applications to be relieved as counsel, motions for relief from judgment, motions to vacate or confirm an arbitral award, or any other motion required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain (see list below). The filing of a request for a pre-motion conference to dismiss prior to answer stays the time for the filing of an answer until after the conference is held or until further order of the Court. To request a pre-motion conference, the moving party shall submit a letter not to exceed three pages in length setting forth the basis for the anticipated motion. The other party should submit a response within three business days, not to exceed three pages in length.
Adjournment & Extension Requirements
Adjournment/extension requests must include specific information and be made 48 hours in advance for court appearances.
All requests for adjournments or extensions of time must state (1) the original date, (2) the number of previous requests for adjournment or extension, (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. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached. If the request is for an adjournment of a court appearance, absent an emergency it shall be made at least 48 hours prior to the scheduled appearance.
Chambers Communication Rules
Chambers can be contacted via email, fax, hand delivery, or mail.
to BuchwaldNYSDChambers@nysd.uscourts.gov or delivered to Chambers by fax, hand or mail.
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