Judge Paul Crotty
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- 2 copies • Immediately Upon Filing
Complaint, Answer
- 1 copy • Mail • As Soon as Practical
Courtesy copies
- 2 copies • Mail
Adjournments
- Modifications/extensions require written application under paragraph 1(E) at least 2 days before deadline.
- Parties may send letter if motion not decided within 120 days of being fully submitted.
- Adjournment/extension requests must include original dates, previous requests, adversary consent, and 3 alternate dates if consented.
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits2 rules
Any letter to the Court must not exceed 3 pages in length. This does not include any exhibits that may be attached to a letter. All letters must comply with SDNY Local Rule 11.1(b):
- Letter
- Up to 3 pages
Excluded from page count
- •Exhibits
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five (25) pages, and reply memoranda are limited to ten (10) pages.
- Page limit
- Up to 25 pages
- Reply memorandum
- Up to 10 pages
- Memorandum of law
Document Format Requirements2 rules
ALL DATES MUST BE TYPED NOT HANDWRITTEN.
Trial schedule: Mon-Fri 9:30 AM-4:30 PM with morning counsel meeting, lunch recess, and breaks.
Formatting
- •Trial schedule: Monday through Friday from 9:30 a.m. to 4:30 p.m.
Court's wording
Trials will generally be conducted Monday through Friday from 9:30 a.m. to 4:30 p.m. The Court will be available to meet with counsel from 9:00 a.m. to 9:30 a.m. Testimony will begin at 9:30 a.m. A luncheon recess will run from 12:45 p.m. to 2 p.m. One (1) 10-15 minute break will be given in the morning and afternoon.
Document Filing Requirements13 rules
If this action is to be tried to the Court, proposed findings of fact and conclusions of law should be submitted by the Final Pretrial Submission Date.
Counsel must meet and confer on joint jury instructions/ verdict form by Final Pretrial Submission Date; late submissions only allowed under Rule 51(a)(2)(A).
- Document
- Jury instructions
Must include
- •Joint submission
- •Points of disagreement
Court's wording
Counsel are required to meet and confer on a joint submission of proposed jury instructions and verdict form, noting any points of disagreement in the submission. Jury instructions may not be submitted after the Final Pretrial Submission Date, unless they meet the standard of Rule 51(a)(2)(A), Fed. R. Civ. P.
Unless directed otherwise, all sentencing submission must be filed and submitted to the Court three business days in advance of the sentencing fate.
All sentencing submission documents must be filed in the public record via ECF or paper.
Court's wording
The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record either in paper form or through the ECF system, using the procedures described below.
Defendants must file their own letters; Government files victim letters.
Court's wording
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends, relatives, etc. The Government is responsible for filing all letters from victims.
Hard copy letters must be grouped under SENTENCING MEMORANDUM cover.
- Document
- Sentencing submission
Must include
- •SENTENCING MEMORANDUM
Court's wording
If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.
The parties shall file on ECF a joint letter two (2) business days prior to the conference addressing 1-7 below in separate paragraphs.
If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
- Document
- Sentencing submission
Must include
- •SENTENCING MEMORANDUM
Unless ordered otherwise, the Joint Pretrial Order (civil cases), Proposed Voir Dire and Proposed Request to Charge are due three business days before the Final Pretrial Conference date.
Exhibits must be listed with descriptions and premarked; unlisted exhibits only for cross-examination or good cause.
- Document
- Pretrial order
Must include
- •Exhibit list
Court's wording
Each side shall list all exhibits it intends to offer on its case in chief. The list shall include a description of each exhibit. All exhibits shall be premarked. If an exhibit is not listed below, it may be used at trial only (a) for cross-examination purposes or (b) if good cause is shown for its exclusion from the pretrial order.
Witness lists required with deposition designations; unlisted witnesses need good cause to testify.
Court's wording
Each party shall list the witnesses it intends to call on its case in chief and, if a witness’s testimony will be offered by deposition, shall designate by page and line numbers the portions of the deposition transcript it intends to offer. Each party shall set forth any objections it has to deposition testimony designated by the other and the basis therefore. The witnesses listed may be called at trial. If a witness is not identified, the witness shall not be permitted to testify on either party’s case in chief absent good cause shown.
If the parties are unable to agree on a joint letter, each party shall file its own letter.
For civil cases, see Appendix A for the form of the Joint Pretrial Order.
Filing & Service rules
Courtesy Copy Requirements
One courtesy copy of pleadings must be submitted to chambers as soon as practical after filing.
One (1) courtesy copy of pleadings (example: Complaint, Rule 7.1, Answer), marked as such, shall be submitted to Chambers as soon as practical after filing, in accordance with the SDNY policies regarding mail deliveries.
Page 2 | Rule # 2 - Courtesy Copies
Two courtesy copies of briefs and one record copy required for bankruptcy appeals.
Counsel shall provide Chambers with two (2) courtesy copies of their briefs, and counsel for appellant shall provide Chambers with one (1) courtesy copy of the record, immediately upon the filing of the originals with the Clerk of Court.
Page 3 | J. Bankruptcy Appeals
Two courtesy copies of all motion papers required at time of service.
Two (2) courtesy copies of all motion papers, marked as such, shall be submitted to Chambers at the time the papers are served, in accordance with the SDNY policies regarding mail deliveries.
Page 3 | I. Courtesy Copies of Motion Papers
Sealing & Redaction Procedures
In this regard, the parties are referred to E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not, unless necessary, to include the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).
In this regard, the parties are referred to E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not, unless necessary, to include the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).
Page 5 | Rule # 6 – Conferences & Other Court Proceedings
Redactions beyond 11 Privacy Policy categories require court application.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
Page 6 | Rule # 6 – Conferences & Other Court Proceedings
Pages with redacted material must be filed under seal and brought to sentencing.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.
Page 6 | Rule # 6 – Conferences & Other Court Proceedings
Proposed sealed documents must be contemporaneously filed under seal in ECF and related to motion
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.
Page 7 | Rule #7 Electronic Filing Under Seal
Sealed/redacted filings require paper submission to Court and email to chambers
The proposed sealed/redacted document, a copy of the motion to seal and any supporting papers must be contemporaneously submitted to the Court in paper form, by hand delivery or mail. Digital copies of these documents must also be emailed to chambers (outside the ECF system) at David_C_Gonzalez@nysd.uscourts.gov.
Page 7 | Rule #7 Electronic Filing Under Seal
Sealed/redacted filings require electronic filing through ECF system per standing order 19-mc-00583
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.
Page 7 | Rule #7 Electronic Filing Under Seal
Redaction of sensitive categories allowed without court application.
Parties may redact the five categories of “sensitive information” and the six categories of information requiring individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court.
Page 5 | Rule # 6 – Conferences & Other Court Proceedings
Pre-Motion Conference Requirements
All motions and applications must follow the Court's Individual Practices, including pre-motion conference requirements.
All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements.
Civil cases
Pre-motion conference required before any motion except specified exceptions.
As described below (Rule 3C and 3D), a pre-motion conference with the Court is required before making any motion, except: 1. Motions brought on by Order to Show Cause (See Rule 3F) 2. Motions in criminal cases. 3. Motions by Pro Se Litigants 4. Motions for Admission Pro Hac Vice 5. Motions for Reconsideration 6. Motions for Default Judgment (See Rule 3L) 7. Motions for Appointment of Lead Plaintiff
Page 2 | Rule # 3 - Motion Rules at a Glance
Discovery motions require pre-conference letter (max 3 pages) certifying good faith conference and adversary position.
Discovery disputes arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure shall be heard only if the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute. If this conference has not resolved the issue(s) raised, the moving party must inform the relevant parties during the conference that the moving party intends to seek relief from the Court on such issue(s). The moving party must thereafter promptly request a conference with the Court. To request a conference with the Court, the moving party shall file a letter, not to exceed three (3) pages in length and in compliance with Local Rule 11.1(b), setting forth the basis of the discovery dispute and the need for the anticipated motion. The letter must certify that the required in-person or telephonic conference took place between counsel and the relevant parties. The letter must also state the date of such conference and provide the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic conference).
Page 2 | Rule # 3 - Motion Rules at a Glance
Pre-motion letter limited to 3 pages before motions.
To arrange a pre-motion conference, the moving party shall file a letter, not to exceed three (3) pages in length
Page 3 | D. Motions other than Discovery Motions
Motions in limine must be fully briefed 3 business days before final pretrial conference.
Any motions in limine must be fully briefed three business days before the final pretrial conference.
Page 9 | Requirements Before A Trial
Court contacts parties for oral argument after motion is fully briefed.
The Court will contact the parties after the motion has been fully briefed regarding an oral argument date.
Page 3 | K. Oral Argument on Motions
Adjournment & Extension Requirements
Modifications/extensions require written application under paragraph 1(E) at least 2 days before deadline.
This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend shall be made in a written application in accordance with paragraph 1(E) of the Court’s Individual Practices and shall be made no less than two (2) days prior to the expiration of the date sought to be extended.
Civil cases
Page 3 | Modification/Extension of Dates
Parties may send letter if motion not decided within 120 days of being fully submitted.
If a motion is not decided within 120 days of the time it is fully submitted, counsel for either party may send a letter to the Court to call this fact to the Court’s attention.
Page 4 | O. Failure of the Court to Decide a Motion
Adjournment/extension requests must include original dates, previous requests, adversary consent, and 3 alternate dates if consented.
Letter requests for adjournments will not be granted unless counsel requesting the adjournment complies with this rule. All requests for adjournments or extensions of time must state (1) the original date(s), (2) the number of any previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent, and (5) if the adversary consents, counsel shall confer amongst each other and propose three (3) alternate conference dates. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order should be attached.
Page 1 | Rule #1 - Communications with Chambers
Chambers Communication Rules
Except as otherwise provided below, ALL communications with Chambers shall be by letter. Letters shall be filed on ECF in accordance with Section 13.1 of the ECF Rules & Procedures. A hard copy of any letter filed on ECF shall also be mailed to Chambers. Any letter to the Court must not exceed 3 pages in length. This does not include any exhibits that may be attached to a letter. All letters must comply with SDNY Local Rule 11.1(b):
Except as otherwise provided below, ALL communications with Chambers shall be by letter. Letters shall be filed on ECF in accordance with Section 13.1 of the ECF Rules & Procedures. A hard copy of any letter filed on ECF shall also be mailed to Chambers. Any letter to the Court must not exceed 3 pages in length. This does not include any exhibits that may be attached to a letter. All letters must comply with SDNY Local Rule 11.1(b):
Page 1 | Rule #1 - Communications with Chambers
Counsel must meet face-to-face for at least one hour to discuss settlement within 14 days after fact discovery closes.
All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery.
Civil cases
Calls to chambers only for emergencies; contact Courtroom Deputy Gonzalez at (212) 805-6312 with case info.
Telephone calls to Judge Crotty’s Chambers should be made only in emergency situations requiring immediate attention. In such situations only, call the Courtroom Deputy, Mr. David C. Gonzalez, at (212) 805-6312. Any voice messages should be brief, and provide the case caption/number and a brief description of the emergency.
Page 1 | Telephone Calls to Judge Crotty’s Chambers
Faxes permitted only if copies sent to all counsel; max 10 pages without prior authorization.
Faxes to Chambers are permitted (e-mail is preferred) only if copies are also simultaneously faxed or delivered to all counsel. No document longer than ten (10) pages may be faxed without prior authorization. Do not follow with a hard copy.
Page 1 | Rule #1 - Communications with Chambers
Telephone calls to Chambers should be made only in emergency situations requiring immediate attention. In such situations only, call the Courtroom Deputy, Mr. David C. Gonzalez, at (212) 805-6312. Any voice messages should be brief, and provide the case caption/number and a brief description of the emergency (see Rule 1D for further information on contacting Mr. Gonzalez).
Telephone calls to Chambers should be made only in emergency situations requiring immediate attention. In such situations only, call the Courtroom Deputy, Mr. David C. Gonzalez, at (212) 805-6312. Any voice messages should be brief, and provide the case caption/number and a brief description of the emergency (see Rule 1D for further information on contacting Mr. Gonzalez).
Page 1 | Rule #1 - Communications with Chambers