Court Rules
district Judge
Verified Current9 days ago

Judge Naomi Reice Buchwald

Southern District of New York

Limits & Logistics

Document Limits

Memorandum Of Law
25 pgs

Courtesy Copies

Filings (Letter)

Required

Filings (Motion)

Required • Binding: Bound Or Collated

Filings (All filings)

Required

Adjournments

Notice Required
48Hours

Must Include

  • 1
    Original Date
  • 2
    Number Of Previous Requests
  • 3
    Previous Requests Granted Or Denied
  • 4
    Adversary Position
  • 5
    Proposed Rescheduled Date

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Adversary Position
  • 4
    Proposed New Dates
  • 5
    Number Of Previous Requests
  • 6
    Previous Requests Granted Or Denied
  • 7
    Affects Other Dates
Notice Required
72Hours

Communication

Email

Chambers

BuchwaldNYSDChambers@nysd.uscourts.gov
SchedulingEmergenciesStatus InquiriesTechnical Issues
Phone

Chambers

Scheduling
No Status Inquiries
Letter Ecf

Chambers

Emergencies
No Status Inquiries
Email

Chambers

SchedulingTechnical Issues
Advance Notice Required
No Status Inquiries
Email

Chambers

VargasNYSDChambers@nysd.uscourts.gov
Scheduling
Advance Notice Required
No Status Inquiries

Chambers

Scheduling
Email

Chambers

Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

(212) 659-6190
Advance Notice Required
No Hours, Status Inquiries
Letter Fax

Chambers

Advance Notice Required
No Status Inquiries
Letter Ecf

Chambers

Filters:AllMandatoryImportantCommunicationConferencesElectronicsTRO/InjunctionLettersECF FilingMemorandaCourtroom Conduct

Detailed Drafting Rules

Pre-Motion ProcedureMandatory

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.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Opposition Due3 days

Exemptions

Motion: Order To Show CauseMotion: Incarcerated Pro SeMotion: ReargumentMotion: RemandMotion: Relieved As CounselMotion: Relief From JudgmentMotion: Vacate Confirm Arbitral AwardMotion: Time Certain
Document RequirementMandatory

Motion papers must include a 3-page letter outlining substantive arguments.

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).

Document Type

Motion

Content & Formatting
Letter Outlining Substantive Argument
Table Of Contents
Communication ProtocolNote

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.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 3
|SecCommunications With Chambers
Communication ProtocolMandatory

Pro se parties cannot call chambers directly; must contact Pro Se Office

Pro se parties may not call the Court directly; any questions should be directed to the Pro Se Office at (212) 805-0175.

Phone

Direct to: Chambers

Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

Pro se parties must send all written communications to Pro Se Office, not chambers

All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed to the Pro Se Office following the instructions in Paragraph 2(B) below. No documents or court filings may be sent directly to Chambers.

Letter via ECF

Direct to: Chambers

Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolNote

Audio-only participants should spell proper names for court reporter.

The pro se litigant or counsel should spell any proper names for the court reporter.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 5
|SecConferences
Communication ProtocolMandatory

Attorneys must email completed Model Court Order for electronic devices at least 5 business days before trial/hearing.

Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to VargasNYSDChambers@nysd.uscourts.gov as early as possible, and no later than five business days before the relevant trial or hearing.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    5 business days before trial or hearing
Communication ProtocolImportant

Wi-Fi access requires approval, limited to approved attorney, non-transferable, for assigned courtroom only.

If Wi-Fi is requested, counsel shall check the appropriate box on the form. If approved and signed by Judge Vargas, a copy of the Order will be sent to the requesting attorney, who will receive a network name, username, password and instructions from the District Executive’s Office on or before the first day of the scheduled proceeding. Wi-Fi access is limited to the approved attorney (who may not share their username or password with others) for the duration of the proceeding and for the assigned courtroom (unless Judge Vargas or another judicial officer grants permission for it to be used in another courtroom).

Email

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Communication ProtocolMandatory

Technology walkthrough required at least one week before trial for AV equipment use.

If a party wishes to use audio-visual equipment at a hearing or trial, it is that party’s responsibility to ensure that any required approvals are obtained and that the necessary equipment is set up and working properly in advance of trial. The parties should contact Chambers by email and the Audio and Visual Department at 212-805-0134 to make the necessary arrangements for a technology walk-through and to test the equipment. The walkthrough should take place no later than one week in advance of the start of the trial or hearing.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    one week before trial or hearing
Communication ProtocolNote

Non-incarcerated pro se parties are encouraged to consent to electronic service

To ensure timely service of documents, including Court Orders, non-incarcerated pro se parties are encouraged to consent to receive electronic service through the ECF System.

Email

Direct to: Clerk

Approved Topics
Technical Issues
Page 2
|SecFiling of Papers and Service
Communication ProtocolNote

Conference notices docketed on ECF and mailed to pro se parties.

Notices scheduling a court conference will be docketed on ECF and mailed to the pro se party or parties.

Letter via ECF

Direct to: Chambers

Approved Topics
Scheduling
Page 5
|SecConferences
Communication ProtocolNote

Conferences may be held remotely or in person at specified courthouse.

Conferences may be held remotely or in person at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007.

Contact Method

Direct to: Chambers

Approved Topics
Scheduling
Page 5
|SecConferences
Communication ProtocolNote

Remote conferences held via Microsoft Teams unless otherwise ordered.

Unless otherwise ordered by the Court, any Remote Conference will be held via a Microsoft Teams meeting organized by the Court.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 5
|SecConferences
Communication ProtocolNote

Non-speaking attendees must have videos off and be muted during remote conferences.

Persons in attendance who will not be speaking must have their videos off and be muted for the duration of the conference.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 5
|SecConferences
Communication ProtocolNote

Audio-only participants should use landlines, headsets, and mute when not speaking.

If the pro se litigant or counsel joins the Remote Conference by audio-only, pro se litigant or counsel should dial-in using a landline whenever possible, should use a headset or handset instead of speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 5
|SecConferences
Communication ProtocolNote

Audio-only participants must identify themselves each time they speak for transcript accuracy.

To facilitate the creation of an accurate transcript if the conference is held on the record, the pro se litigant or counsel who are joining the conference audio-only are required to identify themselves every time they speak.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 5
|SecConferences
Communication ProtocolNote

Audio-only participants should avoid interrupting or speaking over each other.

The pro se litigant or counsel should also take special care not to interrupt or speak over one another.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 5
|SecConferences
Communication ProtocolMandatory

Broadcasting or recording court conferences is prohibited by law.

The broadcasting or recording of any court conference is prohibited by law.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Page 5
|SecConferences
Communication ProtocolNote

Incarcerated parties may participate by telephone if unable to attend in-person conferences.

An incarcerated party may not be able to attend scheduled in-person conferences but may be able to participate by telephone.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 5
|SecConferences
Communication ProtocolNote

Family member or representative may attend conference if incarcerated party cannot participate.

If an incarcerated party is unable to participate by telephone, a family member or a representative may attend or otherwise participate in the conference.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 5
|SecConferences
Communication ProtocolNote

Court will send conference transcript to incarcerated party.

The Court will also have a transcript of the conference sent to the incarcerated party.

Letter via ECF

Direct to: Chambers

Approved Topics
Scheduling
Page 5
|SecConferences
Communication ProtocolNote

Incarcerated pro se party without representative should write to Judge about conference issues.

If an incarcerated party does not have counsel and a representative cannot attend a conference, the pro se party should write to the Judge regarding any issue the pro se party wishes to have addressed at the conference.

Letter via ECF

Direct to: Chambers

Approved Topics
Scheduling
Page 5
|SecConferences
Communication ProtocolNote

Pro se parties should consult Court website for important information about pro se proceedings.

Pro se parties are directed to the Court’s website (https://www.nysd.uscourts.gov/prose/role-of-the-prose-intake-unit/contact) for other important information concerning proceeding pro se in this Court.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 7
|SecResources for Pro Se Parties
Communication ProtocolNote

Pro Se Law Clinic available to assist unrepresented parties in civil cases.

There is a Pro Se Law Clinic in this District to assist parties in civil cases who do not have lawyers. The Clinic may be able to provide a pro se litigant with advice in connection with his or her case.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
    10 a.m. to 4 p.m. weekdays
  • Status Inquiries
Page 7
|SecResources for Pro Se Parties