Judge Paul Engelmayer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Mail
- 2 copies • Upon Filing
- Not required
Motion
Motion, Reply
- 1 copy
Pleading
- 1 copy • Upon Removal
Adjournments
- Written adjournment or extension requests must include the original date, prior request history, reasons, adversary’s position and any refusal reasons, and the next scheduled court appearance.
- Requests to extend deadlines in matters referred to a Magistrate Judge must be directed to the assigned Magistrate Judge.
- The Order and its dates may be modified or extended only by further Court order for good cause shown.
- +9 more
Request must include
- Unless there is an emergency, extension or adjournment requests must be made at least 48 hours before the deadline or scheduled appearance.
- Except as provided in paragraph 6, an application to modify or extend a date must be written, follow paragraph 1.E, and be made at least two business days before the date expires.
- Counsel may extend bankruptcy appeal brief deadlines via stipulation submitted 2 business days before the brief due date.
- Adjournment requests for court appearances require 2 business days' notice.
- +1 more
- Adjournment requests for court appearances require at least 2 business days' notice absent an emergency.
- If motion not decided within 60 days of being fully briefed, movant's counsel must alert the Court.
Communication
Chambers
Phone
Phone
Chambers
Phone
Clerk
Phone
Chambers
Phone
Chambers
Letter via ECF
Intake Unit
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits13 rules
Whether filed electronically or not, letters (together with any related exhibits) may not exceed 10 pages in length.
Letter
10 pages
Applies to: Attorney
Memoranda of law limited to 8,750 words (support/opposition) or 3,500 words (reply); must be 12pt font, double-spaced, text-searchable; tables required for 10+ page memoranda.
Memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words. All memoranda of law shall be in twelve-point font or larger, double spaced, and text-searchable. 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.
8,750 words
Reply Memorandum
3,500 words
Sentencing memoranda limited to 25 pages; defendant must file 2 weeks before sentencing, government 1 week before.
Unless prior permission has been granted, sentencing memoranda are limited to 25 pages. Unless otherwise ordered by the Court, a defendant's sentencing submission shall be filed and served two weeks in advance of the date set for sentencing. The Government's sentencing submission shall be filed and served one week in advance of the date set for sentencing.
Sentencing Memorandum
25 pages
Applies to: Attorney
Letters may not exceed three pages in length without prior permission from Chambers.
Letter
3 pages
Applies to: Attorney
Discovery dispute letters must be ≤3 single-spaced pages and explain dispute details.
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.
Discovery Dispute Letter
3 pages
Applies to: Attorney
a joint letter, not to exceed three single-spaced pages in length, describing the case, any contemplated motions, and the prospect for settlement.
Joint Letter
3 pages
Applies to: Attorney
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.
25 pages
Reply Brief
10 pages
Diversity jurisdiction cases require a letter explaining diversity basis, max 2 pages, due prior to the 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.
Letter
2 pages
a one-page synopsis of those excerpts for each deposition.
Synopsis
1 page
Letters must be filed electronically on ECF. Letters may not exceed three pages in length without prior permission from Chambers.
Letter
3 pages
Applies to: Attorney
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.
25 pages
Applies to: Attorney
Reply Memorandum
10 pages
Applies to: Attorney
If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.
Responsive Letter
3 pages
If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and requesting an informal conference.
Letter Motion
3 pages
Document Format Requirements14 rules
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to EngelmayerNYSDChambers@nysd.uscourts.gov.
TRO applications must be emailed in text-searchable PDF with URGENT subject and phone number.
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at
The specified pretrial submissions must be provided in PDF and, except for motions in limine, Microsoft Word format.
At the time of filing, each party shall e-mail to Chambers and supply Chambers with two courtesy hard copies of these materials in .pdf and, with the exception of in limine motions, Microsoft Word formats (EngelmayerNYSDChambers@nysd.uscourts.gov).
The Government’s exhibit and Section 3500 binders must be in sequential order, with materials separated by numbered tabs.
At the same time as when the Government produces 3500 material to the defense, the Government must also provide the Court with two hard copies of the exhibit list, and binders containing two sets of pre-marked documentary exhibits and Section 3500 material, in sequential order separated by numbered tabs.
All memoranda of law shall be in 12-point font or larger and be double-spaced.
All appendices to memoranda of law must be tabbed and indexed.
Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing.
Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1.
DOCX
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.
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.”
In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.
Voluminous material may be organized either in binders or manila file folders, but in any event, the courtesy copies shall be separately arranged into two independent sets.
Submissions should be text-searchable PDF, preferably created electronically rather than by scanning.
If feasible, a party should file its submission(s) in text- searchable format created by converting the document electronically to PDF by computer (that is, not by scanning a printed document). If a PDF is created by scanning a printed document (for instance, in the case of a pre-existing documentary exhibit), the party should use software to make the document text searchable whenever possible.
Trials will generally be conducted Monday through Thursday from 9:30 a.m. to 5:00 p.m., with a one-hour break for lunch.
Document Filing Requirements85 rules
Criminal conferences/proceedings by phone/video; counsel must submit letter 1 week before.
To the maximum extent possible, all conferences and proceedings will be held by either telephone or video. No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether.
DocumentLetter
Motions for default judgment must be filed on ECF after March 19, 2019.
Any party seeking a default judgment after March 19, 2019, must proceed by filing a motion for default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b).
DocumentMotion For Default Judgment
Clerk's Certificate of Default requires ECF filing of request, supporting affidavit, and proposed certificate, plus compliance with SDNY ECF Rules Section 16.1.
In order to obtain a Clerk’s Certificate of Default, and before moving for a default judgment, the party must: (1) file via ECF a Request to Enter Default, a supporting affidavit, and a proposed Clerk’s Certificate of Default, available at www.nysd.uscourts.gov/file/forms/clerks-certificate-of-default; and (2) otherwise comply with Section 16.1 of the SDNY’s ECF Rules & Instructions, available at www.nysd.uscourts.gov/ecf_filing.php.
DocumentRequest To Enter Default
Motion for default judgment requires specific supporting documents including attorney affidavit, proposed judgment, operative pleadings, service affidavit, and Clerk's Certificate of Default if applicable.
The motion must be supported by the following papers: A. An attorney’s affidavit or declaration setting forth: i. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; ii. the procedural history beyond service of the summons and complaint, if any; iii. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; iv. the proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and v. legal authority for why an inquest into damages would be unnecessary; B. a proposed default judgment; C. copies of all the operative pleadings; D. a copy of the affidavit of service of the summons and complaint; and E. if failure to answer is the basis for the default, a Certificate of Default from the Clerk of Court stating that no answer has been filed.
DocumentMotion For Default Judgment
Plaintiff must serve motion for default judgment and file affidavit of service on ECF within 14 days of filing.
The plaintiff must serve the motion for default judgment and supporting paperwork on the party against whom default judgment is sought and file an affidavit of service on ECF within fourteen days of filing the motion for default judgment.
DocumentMotion For Default Judgment
The Pretrial Statement may take any form but must state the facts to be proved, list planned trial exhibits, and identify intended witnesses by name and address.
This Statement need take no particular form, but it must contain the following: 1) a statement of the facts plaintiff hopes to prove at trial; 2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and 3) a list of the names and addresses of all witnesses plaintiff intends to have testify at trial.
DocumentPretrial Statement
The original Statement must include a certificate stating the date a copy was mailed to the attorney for the defendant.
DocumentPretrial Statement
If the case is to be tried before only a Judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement.
DocumentPretrial Statement
If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement.
DocumentPretrial Statement
The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.
DocumentPretrial Statement
B. ECF Filing. 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.
DocumentSentencing Memorandum
Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least two business days before the scheduled plea.
DocumentPimentel Letter
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.
DocumentMemorandum Of Law
Sur-reply memoranda will not be accepted without prior permission of the Court.
DocumentSur Reply Memorandum
Bail modification requests must be filed as letter-motions via ECF and must indicate Government/Pre-Trial Services consent.
Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion (not an ordinary letter) and shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.
DocumentLetter Motion
All appendices to memoranda of law must be indexed.
DocumentMemorandum Of Law
Plea agreements and Pimentel letters must be emailed to Chambers at least two business days before scheduled plea.
When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement, signed or unsigned, ordinarily must be received by Chambers at least two business days before the scheduled plea. Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least two business days before the scheduled plea. These documents should be emailed to the Court.
DocumentPlea Agreement
The parties should include in their proposed voir dire a brief description of the case and a list of names and places likely to be mentioned at trial, both to be read to prospective jurors during jury selection. At the time of filing, each party should also email those documents, as Microsoft Word documents, to the address listed in these rules.
DocumentProposed Voir Dire
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.
DocumentSentencing Submission
Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.
DocumentSentencing Submission
Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated.
DocumentSentencing Submission
If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect.
DocumentSentencing Submission
Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate.
DocumentCourt Communication
Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel must inform the Court and request a Curcio hearing at the first conference.
DocumentCourt Communication
An adjournment or extension letter-motion must provide the original dates, history and outcomes of prior requests, the reason, the adversary’s position and any refusal reasons, and the next scheduled court appearance date.
The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties’ next scheduled appearance before the Court.
DocumentAdjournment Or Extension Letter Motion
A party seeking a Speedy Trial Act time exclusion must email the Court a proposed order in Microsoft Word format with its adjournment or extension request.
If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court by e-mail (EngelmayerNYSDChambers@nysd.uscourts.gov) a proposed order (in Microsoft Word format) along with its request for adjournment or extension.
DocumentSpeedy Trial Act Adjournment Or Extension Request
The party that brings the appeal is directed to provide the Court no fewer than 24 hours before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail, and Pretrial Services’ report as to the defendant.
DocumentBail Appeal Submission
The defendant, replacement counsel, and the AUSA must also attend the conference.
DocumentConference
Defense counsel and the defendant shall execute any plea or cooperation agreement prior to the time set for the plea.
DocumentPlea Agreement
Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.
DocumentLetter Motion
If a party does not intend to file a substantive sentencing submission, the part shall file and serve a letter to that effect.
DocumentSentencing Letter
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives.
DocumentSentencing Letter
The Government is responsible for filing all letters from victims.
DocumentVictim Letter
Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date.
DocumentMotion In Limine
If this action is to be tried before a jury, proposed voir dire, jury instructions and verdict form shall also be filed on or before the Final Pretrial Order date.
DocumentJury Trial Submissions
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 joint submission.
DocumentJoint Jury Instructions And Verdict Form
By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned’s Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3).
DocumentJoint Pretrial Order
Jury instructions may not be submitted after the Final Pretrial Order date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).
DocumentJury Instructions
All pretrial conferences must be attended by the attorney who will serve as principal trial counsel.
DocumentPretrial Conference
Related cases require all future court papers/correspondence to include new and related case docket numbers.
After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related (e.g., 11-CV-1234 [rel. 10-CV-4321]).
DocumentCourt Paper And Correspondence
Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful.
DocumentDiscovery Dispute Letter
The letter should not identify, explicitly or implicitly, any party that has declined to so consent.
DocumentJoint Settlement Letter
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.
Filing & Service rules
Electronic Filing Rules
A pro se party must move for permission to e-file; if permission is granted, the party will not receive hard copies of documents filed electronically via ECF.
Any pro se party that wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for Electronic Case Filing (available at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro- se-cases and in the Pro Se Office). If the Court grants a motion to participate in “e-filing,” that party will not receive hardcopies of any document filed electronically via ECF.
Page 2 | Filing of Papers and Service
Counsel must register promptly for ECF after being retained or assigned.
Counsel are required to register promptly for Electronic Case Filing (ECF) after being retained or assigned.
Criminal cases
Page 1 | 1. Electronic Case Filing (ECF)
A defendant’s written bail-modification request must be filed on ECF as a letter-motion and state whether the Government and Pretrial Services Officer consent.
Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.
Criminal cases
Page 3 | 4. Bail Modification / Bail Appeal
Letters to the Court must be filed electronically via the ECF system.
Letters must be filed electronically on ECF.
Civil cases
Page 1 | 1. Communications with Chambers
Counsel must update ECF contact info and monitor docket activity regardless of ECF notifications.
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.
Civil cases
Page 2 | 1. Communications with Chambers
Letter-motions must be filed via ECF if compliant with local rules; all adjournment, extension, and pre-motion conference requests must be filed as letter-motions.
M. Letter-Motions. 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.” In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter-motions.
Civil cases
Page 5 | M. Letter-Motions
The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with the procedures found in ECF Rule 18.2.
The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with the procedures found in ECF Rule 18.2.
Civil cases
Page 6 | P. Applications for a Temporary Restraining Order
Default judgments must be filed as motions on ECF per FRCP 55(b)(2) and Local Rule 55.2(b); order to show cause is prohibited.
Q. Default Judgments. A plaintiff seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A plaintiff seeking a default judgment should not proceed by order to show cause.
Civil cases
Page 6 | Q. Default Judgments
Motions for sealed or redacted filings must be electronically filed via the court’s ECF system per applicable rules and orders.
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.
Civil cases
Page 8 | B.3. Procedures for Filing Sealed or Redacted Documents
A represented party should email these pretrial documents to the Court when filing them, in both PDF and Microsoft Word formats.
At the time of filing, a represented party should e-mail these documents to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov), in both .pdf and Microsoft Word formats.
Page 4 | 6. Trial Documents — B. Other Pretrial Filings
A request containing sensitive or confidential information may be submitted by email instead of being filed electronically.
(If a request contains sensitive or confidential information, it may be submitted by e-mail in lieu of being filed electronically).
Criminal cases
Page 2 | 2. Communications with Chambers
The Court assumes all documents in a sentencing submission, including letters, will be filed through ECF.
The Court assumes that every document in a sentencing submission, including letters, will be filed through the ECF system.
Criminal cases
Page 4 | 7. Sentencing, D. Privacy Policy
Letters between parties/counsel not addressed to the Court cannot be filed on ECF or sent to the Court, except as exhibits to proper filings.
Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).
Civil cases
Page 1 | 1. Communications with Chambers
A pro se party may file the specified pretrial documents but is not required to do so and need not email them.
The pro se party may file such documents, but is not required to do so and need not submit them by e-mail.
Page 4 | 6. Trial Documents — B. Other Pretrial Filings
Filing Timing and Cure Windows
The defendant must file and serve a similar case statement containing the same information two weeks after service of the plaintiff’s Statement.
Two weeks after service of plaintiff's Statement, the defendant must file and serve a similar Statement of its case containing the same information.
Page 3 | 6. Trial Documents — A. Pretrial Statement
Unless the Court orders otherwise, a pro se plaintiff must file a concise written Pretrial Statement within 30 days after discovery is completed.
Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se plaintiff shall file a concise, written Pretrial Statement.
Page 3 | 6. Trial Documents — A. Pretrial Statement
Parties must file proposed case management plan and joint letter on ECF 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.
Civil cases
Page 3 | 2. Conferences and Discovery > D. Initial Case Management Conference
If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.
If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.
Civil cases
Page 3 | 2. Conferences and Discovery > E. Discovery Disputes
Plaintiff has 21 days to amend pleading after motion to dismiss is filed.
If a motion to dismiss is filed, the plaintiff has a right to amend its pleading, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days.
Civil cases
Page 3 | 3. Motions > B. Motions to Dismiss
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
Civil cases
Page 4 | 3. Motions > D. Filing of Motion Papers
Jury case parties must submit joint settlement conference consent letter within 2 weeks of close of fact discovery.
In cases to be tried by jury, within two weeks of the close of fact discovery, the parties must submit a joint letter to the Court stating whether all parties consent to a settlement conference to be held before this Court or the assigned Magistrate Judge.
Civil cases
Page 4 | 3. Motions > K. Post-Discovery Settlement Conference
If TRO adversary is notified but does not consent, application must be filed at a time mutually agreeable to both parties.
If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must file the application at a time mutually agreeable to it and the adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.
Civil cases
Page 6 | P. Applications for a Temporary Restraining Order
Opposition documents must be filed no less than two days before the scheduled trial date.
in no event less than two days before the scheduled trial date
Civil cases
Page 11 | 5. D. Filings in Opposition
Parties must submit affidavits of direct testimony to the court at the time of joint pretrial order filing, with exceptions for certain witnesses.
At the time the joint pretrial order is filed, each party shall submit to the Court and serve on opposing counsel, the following: i. Copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.
Civil cases
Page 11 | 5. C. Additional Submissions in Non-Jury Cases
Deposition excerpts offered as substantive evidence must be submitted at the time of joint pretrial order filing.
All deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.
Civil cases
Page 11 | 5. C. Additional Submissions in Non-Jury Cases
within one week after the filing of the pretrial order
within one week after the filing of the pretrial order
Civil cases
Page 11 | 5. D. Filings in Opposition
Counsel must submit a list of affiants to cross-examine three business days after submitting affidavits.
Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial.
Civil cases
Page 11 | 5. C. Additional Submissions in Non-Jury Cases
All documentary exhibits must be submitted at the time of joint pretrial order filing.
All documentary exhibits.
Civil cases
Page 11 | 5. C. Additional Submissions in Non-Jury Cases
Motions, except those brought by Order to Show Cause, should have a return date six weeks after service.
All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service.
Page 2 | Motions
Unless a party requests filing under seal, parties should assume the Court will docket any substantive letter they have not docketed.
Absent any request to file a letter under seal, the parties should assume that any substantive letter that the parties have not docketed will be docketed by the Court.
Criminal cases
Page 2 | 2. Communications with Chambers
The paragraph’s deadlines are stayed while a properly filed summary-judgment motion is pending.
However, if any party files a motion for summary judgment in accordance with the Court’s Individual Rules, the deadlines in this paragraph are stayed pending resolution of that motion.
Civil cases
Page 3 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Oral argument may be requested by letter filed with motion/opposition/reply papers.
Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.
Civil cases
Page 4 | 3. Motions > J. Oral Argument on Motions
Service and Proof of Service Rules
A submission without proof that the pro se party was served will not be considered.
Submissions filed without proof of service that the pro se party was served will not be considered.
Page 2 | Filing of Papers and Service
Counsel must serve a pro se party with a paper copy of every electronically filed document and file a separate Affidavit of Service.
Counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service.
Page 2 | Filing of Papers and Service
A party filing one of the specified motions must provide the pro se party with the notices required by Local Civil Rule 12.1 or 56.2.
Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.
Page 3 | Motions — D. Pro Se Notices
A pro se plaintiff must serve the Pretrial Statement on all defendants or, if represented, their counsel.
The pro se plaintiff shall file an original, plus one courtesy copy, of this Statement with the Pro Se Office and serve a copy on all defendants or their counsel if they are represented.
Page 3 | 6. Trial Documents — A. Pretrial Statement
A defendant must serve the sentencing submission, including supporting letters, two weeks before sentencing.
A defendant’s sentencing submission, including letters on the defendant’s behalf, shall be served two weeks in advance of the date set for sentence.
Criminal cases
Page 1 | Sentencing Submissions
The Government must serve its sentencing submission one week before sentencing.
The Government’s sentencing submission shall be served one week in advance of the date set for sentence.
Criminal cases
Page 1 | Sentencing Submissions
The Government must serve its sentencing submission on the defendant and email it to Chambers no later than one week before sentencing.
The Government’s sentencing submission shall be served on the defendant and e-mailed to Chambers no later than one week before the date set for sentencing.
Criminal cases
Page 4 | 7. Sentencing, B. Sentencing Submissions
Unless the Court orders otherwise, the defendant must serve the sentencing submission on the Government and email it to Chambers no later than two weeks before sentencing.
Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served on the Government and e- mailed to Chambers no later than two weeks before the date set for sentencing.
Criminal cases
Page 4 | 7. Sentencing, B. Sentencing Submissions
Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via the ECF system.
Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via the ECF system.
Civil cases
Page 6 | P. Applications for a Temporary Restraining Order
Plaintiff must serve default judgment motion and hearing order on defendant, then file proof of service per court order specifications.
If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the motion for default judgment and supporting papers; and (2) the Court’s order setting a date and time for the default judgment hearing. The plaintiff must file proof of such service on the docket in the manner and by the date specified in the Court’s order setting the default judgment hearing.
Civil cases
Page 7 | Default Judgment
Moving parties must serve Rule 56.1 Statements electronically in Microsoft Word format to all other parties.
Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1.
Civil cases
Page 5 | 1. Rule 56.1 Statements
Affidavits must be served on opposing counsel at the time of joint pretrial order filing.
serve on opposing counsel, copies of affidavits constituting the direct testimony of each trial witness
Civil cases
Page 11 | 5. C. Additional Submissions in Non-Jury Cases
Courtesy Copy Requirements
Pro se parties must deliver or mail their court papers and one courtesy copy to the Pro Se Office.
All papers to be filed with the Court by a pro se party, along with one courtesy copy of those papers, shall be delivered in person or sent by mail to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007.
Page 2 | Filing of Papers and Service
A pro se plaintiff must file the original and one courtesy copy of the Pretrial Statement with the Pro Se Office and serve a copy on each defendant or represented defendant’s counsel.
The pro se plaintiff shall file an original, plus one courtesy copy, of this Statement with the Pro Se Office and serve a copy on all defendants or their counsel if they are represented.
Page 3 | 6. Trial Documents — A. Pretrial Statement
For paper-filed submissions, courtesy copies must be mailed to Chambers only when the submission exceeds 10 pages.
A. Paper Filing. Courtesy copies shall be mailed to Chambers only if the submission exceeds 10 pages.
Criminal cases
Page 1 | Sentencing Submissions — Paper Filing
The AUSA must email Chambers a courtesy copy of the Indictment and, if one exists, the criminal Complaint as soon as practicable.
The AUSA shall include in this e-mail a courtesy copy of the Indictment and the criminal Complaint, if one exists, to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov) as soon as practicable.
Criminal cases
Page 1 | 2. Communications with Chambers
The Government must provide the Court a courtesy copy of any plea agreement, cooperation agreement, or Pimentel letter, which should be emailed to Chambers as soon as practicable and no later than two business days before the plea.
The Government shall provide a courtesy copy of the plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be e-mailed to Chambers as soon as practicable, and no later than two business days before the scheduled plea.
Criminal cases
Page 3 | 5. Guilty Pleas, A. Plea/Cooperation Agreements and Pimentel Letters
When producing Section 3500 material to the defense, the Government must provide the Court two hard copies of the exhibit list and binders containing two sets of pre-marked documentary exhibits and Section 3500 material in sequential order with numbered tabs.
At the same time as when the Government produces 3500 material to the defense, the Government must also provide the Court with two hard copies of the exhibit list, and binders containing two sets of pre-marked documentary exhibits and Section 3500 material, in sequential order separated by numbered tabs.
Criminal cases
Page 4 | 6. Trials, B. Exhibits and Section 3500 Material
When filing the specified pretrial materials, each party must email them to Chambers and provide two hard copies; the electronic materials must be in PDF and, except for in limine motions, Microsoft Word format.
At the time of filing, each party shall e-mail to Chambers and supply Chambers with two courtesy hard copies of these materials in .pdf and, with the exception of in limine motions, Microsoft Word formats (EngelmayerNYSDChambers@nysd.uscourts.gov).
Criminal cases
Page 4 | 6. Trials, A. Pretrial Submissions
The filing party must mail one hard-copy courtesy copy to chambers when a filing or submission exceeds ten pages, at the time of submission, unless otherwise stated above.
The filing party shall mail one (1) courtesy hard copy to chambers of any filing or submission greater than ten (10) pages in length at the time of its submission, unless otherwise mentioned above.
Criminal cases
Page 5 | 9. Courtesy Copies
Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Civil cases
Page 4 | 3. Motions > E. Courtesy Copies
Counsel removing case to federal court must provide courtesy copy of all state-court pleadings to the court.
Counsel for the party or parties that removed the case must, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), provide the Court with a courtesy copy of any pleading filed or served while the case remained in State court.
Civil cases
Page 8 | A. Cases Removed from State Court
Two courtesy copies of all documents identified in Sections 5.A–D above should be submitted to Chambers on the date on which they are to be served or filed. Voluminous material may be organized either in binders or manila file folders, but in any event, the courtesy copies shall be separately arranged into two independent sets.
Two courtesy copies of all documents identified in Sections 5.A–D above should be submitted to Chambers on the date on which they are to be served or filed. Voluminous material may be organized either in binders or manila file folders, but in any event, the courtesy copies shall be separately arranged into two independent sets.
Civil cases
Page 11 | 5. E. Courtesy Copies
Two courtesy copies of all documents identified in Sections 5.A–D above should be submitted to Chambers on the date on which they are to be served or filed.
Two courtesy copies of all documents identified in Sections 5.A–D above should be submitted to Chambers on the date on which they are to be served or filed.
Civil cases
Provide courtesy copy of any pleading filed while case was in State court.
case must, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), provide the Court with a courtesy copy of any pleading filed or served while the case remained in State court.
Civil cases
The non-pro-se party should submit one hard-copy courtesy copy of all formal motion papers, marked as a courtesy copy, to Chambers when the reply is due.
One courtesy hard copy of all formal motion papers, marked as such, should be submitted to Chambers by the non-pro se party at the time the reply is due.
Page 2 | Motions
Courtesy copies should not be submitted to Chambers at the time of filing.
Courtesy copies should not be submitted to Chambers at the time of filing.
Page 2 | Motions
The parties should email the Court one courtesy copy of each sentencing submission when it is served.
The parties should provide the Court with one courtesy copy of each submission (via e-mail) when it is served.
Criminal cases
Page 1 | Sentencing Submissions
Courtesy copies of formal motion papers are not required when all parties are pro se.
If all the parties are pro se, then no courtesy copies of formal motion papers are required.
Page 2 | Motions
Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.
Civil cases
Page 4 | Courtesy Copies
Sealing & Redaction Procedures
If an electronically filed submission contains redactions, an unredacted version must be emailed to Chambers.
If an electronically filed submission contains any redacted information, an unredacted version shall be e-mailed to Chambers.
Criminal cases
Page 1 | Sentencing Submissions — ECF Filing
A party seeking to redact information beyond the eleven Privacy Policy categories must serve and file an application when serving its sentencing submission.
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.
Criminal cases
Page 1 | Redactions
Bring a copy of the redacted pages, marked to identify the redacted information, to the sentencing proceeding for the Court to file 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.
Criminal cases
Page 2 | Redactions
When a publicly filed document contains redactions, only the pages containing redacted material are filed under seal.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal.
Criminal cases
Page 2 | Redactions
Sealed or confidential letters may be emailed as PDF attachments with copies to all counsel, with specific subject line requirements.
Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte). Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email; such communications shall be included only in the letter itself.
Criminal cases
Page 2 | Communications with Chambers
If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.
If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.
Criminal cases
Page 6 | Sentencings C
Sensitive information (SSN, minor names, DOB, account numbers, addresses) can be partially redacted without court approval.
Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]).
Criminal cases
Page 6 | Sentencings A
All redactions/sealing except specified categories require court approval.
Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.
Criminal cases
Page 6 | Sentencings B
Two categories of information can be redacted without court approval: sensitive information and information requiring caution.
There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.”
Criminal cases
Page 6 | Sentencings A
The party should file the redacted version of the document on ECF.
The party should file the redacted version of the document on ECF.
Criminal cases
Page 6 | Sentencings C
Six categories of information requiring caution can be redacted without court approval.
Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government).
Criminal cases
Page 6 | Sentencings A
Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal.
Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal.
Criminal cases
At the same time, the party should email to Chambers: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion seeking leave to file should the party also be seeking leave to file that letter-motion with redactions or under seal.
At the same time, the party should email to Chambers: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion seeking leave to file should the party also be seeking leave to file that letter-motion with redactions or under seal.
Criminal cases
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.
Criminal cases
Only pages containing redacted material from a publicly filed document are filed under seal.
If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal.
Criminal cases
Page 5 | E. Redactions
Redactions beyond the twelve Privacy Policy categories require an application served and filed when the sentencing submission is served.
If a party redacts information beyond the twelve 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.
Criminal cases
Page 5 | E. Redactions
At sentencing, the party must bring the redacted pages marked to identify the redactions for the Court to file under seal.
The party shall bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed material, to give to the Court for filing under seal.
Criminal cases
Page 5 | E. Redactions
Sealed letters or those with sensitive/confidential info must be e-filed via ECF per standing order 19-MC-00583 and ECF Rules section 6.
Letters to be filed under seal or containing sensitive or confidential information 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.
Civil cases
Page 1 | 1. Communications with Chambers
(If a request contains sensitive or confidential information, it may 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.)
(If a request contains sensitive or confidential information, it may 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.)
Civil cases
Page 1 | 1. Communications with Chambers
The parties are referred to Federal Rule of Civil Procedure 5.2, the E-Government Act of 2002, and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records (including information regarding treatment and diagnosis), employment history, 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 Court approval.
The parties are referred to Federal Rule of Civil Procedure 5.2, the E-Government Act of 2002, and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records (including information regarding treatment and diagnosis), employment history, 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 Court approval.
Civil cases
Page 8 | B.1. Sealing/Redactions Not Requiring Court Approval
All sealing or redactions not covered by B.1 require court approval and must be narrowly tailored to justify secrecy.
Except for those permitted by Paragraph 4.B.1, all sealing and redactions require Court approval. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.
Civil cases
Page 8 | B.2. Sealing/Redaction Requiring Court Approval
For motions to redact public documents: file redacted version publicly, file unredacted version under seal on ECF, both related to the motion.
ii. Redacted Document(s). Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
Civil cases
Page 9 | Sealing Procedure ii
redacted only to the extent necessary to safeguard information sought to be filed under seal. 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.
redacted only to the extent necessary to safeguard information sought to be filed under seal. 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.
Civil cases
Page 9 | Sealing Procedure
Sealed or confidential letters must follow specific ECF procedures.
Letters to be filed under seal or containing sensitive or confidential information 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.
Civil cases
Page 1 | Communications with Chambers
Filing Bundling Requirements
If letters are filed electronically, they must be grouped as attachments to one document marked SENTENCING MEMORANDUM that clearly shows the caption and docket number.
B. ECF Filing. 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.
Criminal cases
Page 1 | Sentencing Submissions — ECF Filing
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
Civil cases
Page 4 | Filing of Motion Papers
Summary judgment motion filing adjourns the joint pretrial order deadline.
Upon the filing of a summary judgment motion, the deadline to file a joint pretrial order and associated materials is adjourned pending resolution of the motion.
Civil cases
Parties should submit exhibits, declarations, and affidavits for preliminary injunction motions at the same time as their legal memoranda.
O. Preliminary Injunction Motions. The Court generally follows the procedure for the conduct of non-jury trials described in Section 5.C below, to wit, parties should submit any documentary exhibits, declarations, and / or affidavits in support of or in opposition to such motion at the time they submit their legal memoranda in support of or in opposition to such motion.
Civil cases
Page 5 | O. Preliminary Injunction Motions
Pre-Motion Conference Requirements
Parties must confer to try to resolve discovery disputes before seeking court intervention.
If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention.
Page 2 | Discovery
Unless the Court orders otherwise, opposing papers are due within four weeks after service of the motion papers, and any reply is due within two weeks after receipt of opposition papers.
Unless otherwise ordered by the Court, opposing papers must be served and filed within four weeks of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.
Page 2 | Motions
A written request for a pre-motion conference on summary judgment must be made within 14 days after the close of fact discovery, before the motion is filed.
All motions and applications shall be governed by the Court’s Individual Rules and Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. Pursuant to the authority of Fed. R. Civ. P. 16(c)(2), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Reply letters are not invited.
Reply letters are not invited.
Civil cases
Page 3 | 2. Conferences and Discovery > E. Discovery Disputes
Parties must meet and confer in good faith before raising discovery disputes with the court.
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.
Civil cases
Page 3 | 2. Conferences and Discovery > E. Discovery Disputes
Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary judgment motions, which are governed by Section 3.K below.
Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary judgment motions, which are governed by Section 3.K below.
Civil cases
Page 3 | 3. Motions > A. Pre-Motion Conferences in Civil Cases
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. Other parties shall respond similarly within one week. The Court will review and discuss with counsel any anticipated summary judgment motions at the pre-motion / pretrial conference.
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. Other parties shall respond similarly within one week. The Court will review and discuss with counsel any anticipated summary judgment motions at the pre-motion / pretrial conference.
Civil cases
Page 5 | Pre-Motion Conference for Summary Judgment
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.
Civil cases
Page 3 | Discovery Disputes
Response to discovery dispute letter due within 3 business days.
If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.
Civil cases
Page 3 | Discovery Disputes
Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.C above, and for summary judgment motions, which are governed by Section 3.H below.
Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.C above, and for summary judgment motions, which are governed by Section 3.H below.
Civil cases
Page 4 | Pre-Motion Conferences in Civil Cases
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.
Civil cases
Page 4 | Motions for Summary Judgment
Adjournments, extensions, and pre-motion conferences must be filed as letter-motions.
All requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter-motions.
Civil cases
Adjournment & Extension Requirements
Written adjournment or extension requests must include the original date, prior request history, reasons, adversary’s position and any refusal reasons, and the next scheduled court appearance.
All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court.
Page 1 | Communications with Chambers
Requests to extend deadlines in matters referred to a Magistrate Judge must be directed to the assigned Magistrate Judge.
Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be directed to that assigned Magistrate Judge.
Page 1 | Communications with Chambers
Unless there is an emergency, extension or adjournment requests must be made at least 48 hours before the deadline or scheduled appearance.
Absent an emergency, any request for an extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance.
Page 2 | Communications with Chambers
Adjournment requests require 48 hours notice (72 hours for sentencing), except in emergencies.
Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance, and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceeding.
Criminal cases
Page 2 | Communications with Chambers
Adjournment/extension requests must be filed as letter-motions on ECF, or emailed if confidential.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Paragraph 6(A), not as ordinary letters. (If a request contains sensitive or confidential information, it may be submitted by email in lieu of being filed electronically.)
Criminal cases
Page 2 | Communications with Chambers
Letter-motions may 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. In particular, in accordance with Paragraph 4(D) above, all requests for adjournments and extensions should be filed as letter-motions. All letter-motions should be text-searchable.
Letter-motions may 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. In particular, in accordance with Paragraph 4(D) above, all requests for adjournments and extensions should be filed as letter-motions. All letter-motions should be text-searchable.
Criminal cases
Page 4 | Motions
Sentencing adjournment requests must be made at least 72 hours before the proceeding.
Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 4(D) above.
Criminal cases
Page 5 | Sentencings A
Requests for adjournments or extensions must be written and filed on ECF as letter-motions, not ordinary letters.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Paragraphs 2.C and 4.C, not as ordinary letters.
Criminal cases
Page 2 | 2. Communications with Chambers
Absent an emergency, extension or adjournment requests must be made as early as possible and at least 48 hours before the deadline or scheduled appearance; sentencing adjournments require at least 72 hours’ notice.
Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least 48 hours prior to the deadline or scheduled appearance and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceedings.
Criminal cases
Page 2 | 2. Communications with Chambers
A sentencing adjournment request should be made as early as possible and no later than 72 hours before the proceeding, subject to Paragraph 2(E).
Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 2(E) above.
Criminal cases
Page 4 | 7. Sentencing, A. Sentencing Adjournments
Except as provided in paragraph 6, an application to modify or extend a date must be written, follow paragraph 1.E, and be made at least two business days before the date expires.
Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph 1.E of the Court’s Individual Rules and Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended.
Civil cases
Page 4 | TO BE COMPLETED BY THE COURT
The Order and its dates may be modified or extended only by further Court order for good cause shown.
This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown.
Civil cases
Page 4 | TO BE COMPLETED BY THE COURT
Adjournment/extension requests must be written letter-motions filed on ECF, not stipulations/orders.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as proposed stipulations or orders.
Civil cases
Page 1 | 1. Communications with Chambers
Extension requests must be made before the original deadline expires, absent extraordinary circumstances.
Absent extraordinary circumstances, requests for extensions will be denied if not made before the expiration of the original deadline.
Civil cases
Page 2 | 1. Communications with Chambers
Adjournment/extension letter-motions must include original/new dates, prior requests, adversary consent, and revised case management plan if affecting other dates.
The letter must state: (1) the original due date, the date or dates sought to be extended, and the new date the party now seeks through an adjournment or extension; (2) the number of previous requests for adjournment or extensions of time; (3) whether those 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 Civil Case Management Plan and Scheduling Order must be attached.
Civil cases
Page 2 | 1. Communications with Chambers
Adjournment requests for court appearances require at least 2 business days' notice absent an emergency.
If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least two business days prior to the scheduled appearance.
Civil cases
Page 2 | 1. Communications with Chambers
Counsel may extend bankruptcy appeal brief deadlines via stipulation submitted 2 business days before the brief due date.
Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.
Civil cases
Page 10 | E. Bankruptcy Appeals
Revised scheduling order required if adjournment affects other dates.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Civil Case Management Plan and Scheduling Order must be attached.
Civil cases
Page 2 | Communications with Chambers
Extension requests must be made before the original deadline expires.
Absent extraordinary circumstances, requests for extensions will be denied if not made before the expiration of the original deadline.
Civil cases
Page 2 | Communications with Chambers
Adjournment requests for court appearances require 2 business days' notice.
If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least two business days prior to the scheduled appearance.
Civil cases
Page 2 | Communications with Chambers
Adjournment/extension requests must be filed as letter-motions on ECF.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as proposed stipulations or orders.
Civil cases
Page 2 | Communications with Chambers
Adjournment/extension requests must include specific required elements.
The letter must state: (1) the original due date, the date or dates sought to be extended, and the new date the party now seeks through an adjournment or extension; (2) the number of previous requests for adjournment or extensions of time; (3) whether those 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.
Civil cases
Page 2 | Communications with Chambers
Late extension/adjournment requests will ordinarily be denied.
Requests for extensions will ordinarily be denied if made after the deadlines for extension or adjournment requests specified in this Paragraph.
Criminal cases
Page 2 | Communications with Chambers
Requests for extensions made after the original deadline will ordinarily be denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadlines.
Criminal cases
Page 2 | 2. Communications with Chambers
Chambers Communication Rules
Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone.
Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone.
Page 1 | In Civil Cases
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.
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.
Page 2 | Communications with Chambers
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.
Page 2 | In New Criminal Cases
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.
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.
Page 2 | Communications with Chambers
Faxes are prohibited for all purposes.
Faxes are not permitted for any purposes.
Page 2 | Faxes
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.
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.
Page 2 | By Pro Se Parties
Hand deliveries to Chambers require advance Court permission.
Nothing may be delivered to Chambers absent advance permission from the Court.
Page 2 | Hand Deliveries
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.
Page 2 | Teleconferences Generally
Sealed/confidential letters may be emailed as PDF attachments with copies to all counsel.
Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).
Criminal cases
Page 2 | Communications with Chambers
Emails for sealed/confidential letters must include case caption and brief description in subject line.
Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter.
Criminal cases
Page 2 | Communications with Chambers
No substantive communications in email body; include only in attached letter.
Parties shall not include substantive communications in the body of the email; such communications shall be included only in the letter itself.
Criminal cases
Page 2 | Communications with Chambers
Except for matters requiring immediate attention, communications with Chambers must be sent by letter filed on ECF, emailed as a PDF attachment, and simultaneously copied to all counsel.
Except matters requiring immediate attention, communications with Chambers shall be by letter, filed on ECF, which shall also be e-mailed as a .pdf attachment to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov) with a copy simultaneously delivered to all counsel.
Criminal cases
Page 1 | 2. Communications with Chambers
Upon assignment of a criminal case, the AUSA must immediately email Chambers to arrange a conference or arraignment.
Upon assignment of a criminal case to Judge Engelmayer, the Assistant United States Attorney (“AUSA”) shall immediately e-mail Chambers to arrange for a conference/arraignment.
Criminal cases
Page 1 | 2. Communications with Chambers
Faxes to Chambers are prohibited.
Faxes to Chambers are not permitted.
Criminal cases
Page 1 | 2. Communications with Chambers
Upon substitution of defense counsel, counsel of record must contact the Courtroom Deputy as soon as possible to schedule a conference.
When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible.
Criminal cases
Page 3 | 3. Defense Counsel, C. Substitution of Counsel
Unless the Court orders otherwise, the defendant must email the sentencing submission to Chambers no later than two weeks before sentencing.
Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served on the Government and e- mailed to Chambers no later than two weeks before the date set for sentencing.
Criminal cases
Page 4 | 7. Sentencing, B. Sentencing Submissions
The Government must email its sentencing submission to Chambers no later than one week before sentencing.
The Government’s sentencing submission shall be served on the defendant and e-mailed to Chambers no later than one week before the date set for sentencing.
Criminal cases
Page 4 | 7. Sentencing, B. Sentencing Submissions
Each party must email the specified pretrial submissions to Chambers when filing them.
At the time of filing, each party shall e-mail to Chambers and supply Chambers with two courtesy hard copies of these materials in .pdf and, with the exception of in limine motions, Microsoft Word formats (EngelmayerNYSDChambers@nysd.uscourts.gov).
Criminal cases
Page 4 | 6. Trials, A. Pretrial Submissions
When the Standing Order requires it, counsel must email the completed device form to the Court at least 24 hours before the relevant trial or 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 http://www.nysd.uscourts.gov/file/forms/standing-order-electronic-devices-form, to the Court by e-mail (EngelmayerNYSDChambers@nysd.uscourts.gov) at least 24 hours prior to the relevant trial or hearing.
Criminal cases
Page 5 | 8. Policy on the Use of Electronic Devices
At least 24 hours before a conference, email chambers the names of counsel wishing to appear and each counsel’s calling number.
Please email to EngelmayerNYSDChambers@nysd.uscourts.gov, no later than twenty-four hours before the conference, the names of any counsel who wish to enter an appearance at the conference, and the number from which each counsel will be calling.
Civil cases
Page 4 | TO BE COMPLETED BY THE COURT
Non-urgent communications with Chambers must be by letter or letter-motion filed on ECF.
Otherwise, all communications with Chambers shall be by letter or letter-motion filed on ECF.
Civil cases
Page 1 | 1. Communications with Chambers
Fax communications to Chambers are prohibited.
Faxes to Chambers are not permitted.
Civil cases
Page 1 | 1. Communications with Chambers
Communications with the Court must be by letter, except as otherwise provided.
Except as otherwise provided below, communications with the Court shall be by letter.
Civil cases
Page 1 | 1. Communications with Chambers
Teleconferences must use the Court’s dedicated line: (855) 244-8681, Access Code 2318-315-0661#.
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.
Civil cases
Page 2 | 2. Conferences and Discovery