Court Rules
district Judge
Verified Current9 days ago

Judge Paul Engelmayer

Southern District of New York

Limits & Logistics

Document Limits

Letter
10 pgs
Memorandum Of Law
8,750 wds
Sentencing Memorandum
25 pgs
Letter
3 pgs
Memorandum Of Law
25 pgs

Courtesy Copies

Filings

Not Required

Filings (Pleading)

Required

Filings (Joint Pretrial Order, Pretrial Memorandum, Requests To Charge, Proposed Voir Dire Questions, Proposed Findings Of Fact Conclusions, Affidavits, Deposition Excerpts, Documentary Exhibits, Objections To Charges, Opposition To Motion In Limine, Opposition To Legal Argument)

Required

Adjournments

Notice Required
48Hours

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates

Must Include

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

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
Notice Required
60Calendar Days

Communication

Phone

Chambers

Advance Notice Required
No Status Inquiries, Hours
Email

Chambers

EmergenciesTechnical Issues
Advance Notice Required
No Status Inquiries, Hours
Letter Fax

Chambers

No Status Inquiries
Hand Delivery

Chambers

No Status Inquiries
Letter Ecf

Intake Unit

SchedulingTechnical Issues
Advance Notice Required
No Status Inquiries
Phone

Pro Se Clinic

(212) 659-6190
Scheduling
Advance Notice Required
Phone

Chambers

(855) 244-8681
Scheduling
Email

Chambers

EngelmayerNYSDChambers@nysd.uscourts.gov
SchedulingEmergencies
Advance Notice Required
No Status Inquiries
Phone

Clerk

(212) 805-0140
Emergencies
No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationElectronicsConferencesTRO/InjunctionECF FilingLettersMemoranda

Detailed Drafting Rules

Communication ProtocolMandatory

All civil conferences and proceedings will be held by telephone.

Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 1
|SecIn Civil Cases
Communication ProtocolMandatory

Parties must email Chambers 24 hours before teleconference with counsel list and phone numbers.

At least 24 hours before a scheduled teleconference, parties are directed jointly to email Chambers a list of counsel—no more than 2 teleconference. The email should also set forth the telephone numbers from which counsel expect to join the call.

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    24_hours_before_teleconference
Page 2
|SecTeleconferences Generally
Communication ProtocolMandatory

Counsel must identify themselves each time they speak during teleconferences.

To facilitate orderly teleconferences and the creation of an accurate transcript, counsel are required to identify themselves every time they speak during the call.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    24_hours_before_teleconference
Page 2
|SecTeleconferences Generally
Communication ProtocolImportant

Telephone calls go to voicemail only; use ECF or email instead.

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 through ECF or, if permitted or required under the Court’s Individual Rules and Practices, by email.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolNote

Voicemail must include issue description and call-back number.

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
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

Discovery dispute opposition must be emailed, not called, to Chambers.

Parties seeking to inform the Court of their intention to oppose a discovery dispute, pursuant to the Court’s Individual Rule 2(C), should email, rather than call, Chambers promptly to advise that a responsive letter will be forthcoming.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

Urgent matters require email with URGENT subject, case info, issue description, and phone 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
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
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

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecFaxes
Communication ProtocolMandatory

Hand deliveries to Chambers require advance Court permission.

Nothing may be delivered to Chambers absent advance permission from the Court.

Hand Delivery

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecHand Deliveries
Communication ProtocolMandatory

Pro se parties must use ECF/email or mail to Pro Se Intake Unit.

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.

Letter via ECF

Direct to: Intake Unit

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecBy Pro Se Parties
Communication ProtocolMandatory

AUSA must email Court immediately upon new criminal case assignment.

Upon assignment of a new criminal case to Judge Engelmayer, the Assistant United States Attorney must immediately email the Court to arrange for a prompt conference/arraignment.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecIn New Criminal Cases
Communication ProtocolNote

Pro Se Clinic suspended in-person meetings; limited telephone assistance by appointment only.

The New York Legal Assistance Group’s Pro Se Clinic has suspended all in-person client meetings until further notice. Limited-scope legal assistance will continue to be provided, but only by appointment and only over the telephone. To schedule an appointment, call (212) 659-6190 and leave a message specifying a call-back number.

Phone

Direct to: Pro Se Clinic

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    appointment_only
Page 4
|SecPro Se Clinic
Communication ProtocolNote

Counsel should use landline and headset for telephone proceedings.

Whenever possible, counsel should use a landline and a headset instead of speakerphone.

Phone

Direct to: Chambers

Requirements
  • Advance Notice Required
    use landline and headset instead of speakerphone
Page 2
|SecConferences and Discovery
Communication ProtocolNote

Counsel should mute themselves when not speaking during phone conferences.

Counsel should mute themselves when they are not speaking to eliminate background noise.

Phone

Direct to: Chambers

Requirements
  • Advance Notice Required
    mute when not speaking
Page 2
|SecConferences and Discovery
Communication ProtocolNote

Moving party must specify time frame requested for Court action on TRO.

The moving party must also give notice of the time frame requested for Court action.

Email

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Status Inquiries
Communication ProtocolNote

All parties must be copied on email when TRO motion is made on notice.

If the motion is made on notice, all parties should be copied on the email.

Email

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Status Inquiries
Communication ProtocolImportant

Mobile phones allowed in courtroom but must be turned off

Mobile phones are permitted inside the Courtroom, but must be kept turned off at all times.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page or Word LimitMandatory

Letters filed on ECF are limited to 3 pages without prior permission.

Letters must be filed electronically on ECF. Letters may not exceed three pages in length without prior permission from Chambers.

Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

Faxes to Chambers are prohibited.

Faxes to Chambers are not permitted.

Letter Fax

Direct to: Chambers

Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolNote

Counsel must keep ECF contact info current and monitor all docket activity.

Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for ensuring that they are aware of all docket activity in their cases, regardless of whether they receive ECF notifications.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Page 2
|SecCommunications with Chambers
Communication ProtocolNote

In-person conferences are held in Courtroom 1305 unless otherwise ordered.

Unless otherwise ordered by the Court, all in-person conferences will be held in Courtroom 1305 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY.

Letter via ECF

Direct to: Chambers

Approved Topics
Scheduling
Page 2
|SecConferences and Discovery
Communication ProtocolNote

Telephone proceedings use specific conference line with access code.

Unless otherwise ordered by the Court, any proceeding held by telephone will be on the Court’s dedicated conference line, which can be accessed by calling (855) 244-8681, and entering Access Code 2318-315-0661, followed by the pound (#) key.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Page 2
|SecConferences and Discovery
Document RequirementMandatory

Joint letter (max 3 single-spaced pages) required 4 business days before initial conference.

At least four business days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at https://nysd.uscourts.gov/hon-paul-engelmayer; and (2) a joint letter, not to exceed three single-spaced pages in length, describing the case, any contemplated motions, and the prospect for settlement.

Document Type

Joint Letter

Content & Formatting
Judge Name
Case Number
Description Of Case
Settlement Prospect
Contemplated Motions
Page 3
|SecInitial Case Management Conference
Communication ProtocolMandatory

Email counsel names to chambers 4 days before initial conference.

The parties must also email EngelmayerNYSDChambers@nysd.uscourts.gov the names of counsel who will be appearing at the conference, denoting lead counsel with an asterisk.

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    4_business_days_before_conference
Page 3
|SecInitial Case Management Conference
Pre-Motion ProcedureMandatory

Discovery dispute letter (max 3 single-spaced pages) required after meet-and-confer.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party must submit a letter to the Court via ECF, no longer than three single-spaced pages, explaining the nature of the dispute, the legal standards governing the issue, and case law, if any, supporting the party’s position.

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 3
|SecDiscovery Disputes
Page or Word LimitMandatory

Motion memoranda limited to 25 pages; reply memoranda 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.

Page 4
|SecMemoranda of Law
Format RequirementMandatory

Memoranda must be 12-point font, double-spaced, with TOC/TOA for 10+ pages.

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

Typography
Size12 pt
Line SpacingDouble
Page 4
|SecMemoranda of Law
Pre-Motion ProcedureMandatory

Summary judgment pre-motion letter (max 3 single-spaced pages) due 14 days after discovery closes.

If a party wishes to move for summary judgment, it must, within 14 days of the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference. To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue.

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 4
|SecMotions for Summary Judgment
Format RequirementMandatory

Letter-motions must be filed via ECF if they comply with S.D.N.Y. Local Rules.

Letter-motions must be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. 'Electronic Case Filing Rules and Instructions.'

Applies When:Document Type Set Undefined
Required Format

PDF

Communication ProtocolMandatory

Parties must confer with adversary before TRO application unless Rule 65(b) requirements are met.

A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met.

Email

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Status Inquiries
Communication ProtocolMandatory

Parties must email Chambers immediately when seeking TRO, stating notice/adversary consent status.

As soon as a party decides to seek a temporary restraining order, he or she must email Chambers at EngelmayerNYSDChambers@nysd.uscourts.gov and state clearly whether (1) he or she has notified their adversary, and whether the adversary consents to temporary injunctive relief; or (2) the requirements of Fed. R. Civ. P. 65(b) are satisfied and no notice is necessary.

Email

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Status Inquiries
Communication ProtocolImportant

If Chambers doesn't respond within 2 hours on time-sensitive matters, contact Clerk's Office.

If the matter is time-sensitive and Chambers does not respond within two hours, the moving party may contact the Clerk's Office before the end of the business day at (212) 805-0140.

Phone

Direct to: Clerk

Approved Topics
Emergencies
Prohibited
  • Status Inquiries
Document RequirementMandatory

Submit 2-page letter on diversity jurisdiction before Initial Pretrial Conference.

In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, submit to the Court a letter no longer than two pages explaining the basis for that party’s belief that diversity of citizenship exists.

Document Type

Diversity Jurisdiction Letter

Content & Formatting
Judge Name
Case Number
Legal Argument
Communication ProtocolMandatory

Authorization required for non-personal electronic equipment in courthouse; letter to chambers 10 business days in advance; printers prohibited.

In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse should send a letter to Chambers at least 10 business days before the relevant trial or hearing requesting permission to use such equipment. The letter shall identify the type(s) of equipment to be used and the name(s) of the attorney(s) who will be using the equipment, printers will not be permitted. Chambers will coordinate with the District Executive’s Office to issue the Order and forward a copy to counsel. The Order must be shown upon bringing the equipment into the Courthouse.

Letter via ECF

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Advance Notice Required
    10 business days
Page 11
|SecB. Computers, or Other Electronic Equipment