Judge Paul G. Gardephe
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All Motions
- 1 copy • Hand Delivery • Upon Filing
Courtesy copies
- 1 copy
- 1 copy • Upon Filing
- 2 copies • Immediately Upon Filing
Binding: Stapled
Initial Pleading
- No Later Than 7 Business Days Before Initial Conference
Joint Pretrial Order
- 1 copy • Hand Delivery • Upon Filing
Adjournments
- Motion to join additional parties must be filed within 30 days unless good cause shown.
- Expert discovery must be completed by a specified deadline.
- Depositions cannot exceed one business day without court permission.
- +6 more
Request must include
- Adjournment requests must be made at least 2 business days before appearance.
- Extension requests must be made at least 2 business days before deadline.
- Bankruptcy appeal brief deadlines may be extended by stipulation submitted 2 business days before due date.
Page & Word Limits2 rules
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 double-spaced pages, and reply memoranda are limited to 10 double-spaced pages.
- Motion memorandum
- Up to 25 pages
- Reply memorandum
- Up to 10 pages
- Format
- Double-spaced
Letters may not exceed 5 pages in length.
- Letter
- Up to 5 pages
Document Format Requirements3 rules
Memoranda of 10 pages or more shall contain a table of contents and a table of authorities. Both the text and footnotes must be in 12-point font.
- At least 10 pages
- Font size
- 12 points
All exhibits should be pre-marked, and no trial time will be taken for this purpose. Plaintiff/Government shall mark exhibits as numbers and defendants shall use letters.
Formatting
- •Pre-marked exhibits
- •Plaintiff government numbers
- •Defendants letters
When referring to an exhibit, cite it by number or letter so that the record is clear as to what is being discussed.
Formatting
- •Clear record identification
Document Filing Requirements58 rules
The parties must complete their initial disclosures under Federal Rule of Civil Procedure 26(a)(1) no later than 14 days from the date of this Order.
Joint pretrial order required within 30 days of discovery completion or dispositive motion resolution.
- Document
- Joint pretrial order
Must include
- •Court approval
Court's wording
Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery in a civil case or, if a party has filed a dispositive motion, then within 30 days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order prepared in accordance with the Court's Individual Practices and Federal Rule of Civil Procedure 26(a)(3).
Stipulation of discontinuance required for case resolution; fax 36 hours before appearance if settling within 48 hours of trial/dispositive motion.
- Document
- Stipulation of discontinuance
Must include
- •Signed by all parties
Court's wording
Where the parties resolve the case before the entry of judgment, they must submit a stipulation of discontinuance – signed by all parties – before the Court will remove the case from the trial calendar. If the parties settle within 48 hours of trial or the filing of a dispositive motion, they must immediately notify the Court of such settlement, and fax to the Court no less than 36 hours before their planned appearance, a stipulation of discontinuance, signed by all parties.
Any written request for a bail modification shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.
Defense counsel must request Curcio hearing at first conference if receiving benefactor payment creating conflict of interest.
Court's wording
Defense counsel are required to ask the Court, at the first conference, to hold a Curcio hearing whenever counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest.
In making discovery motions, counsel are expected to comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 Affidavit. Any motion to suppress must include a supporting affidavit from a party with personal knowledge.
Counsel must register for electronic case filing within one week of initial pretrial conference.
Court's wording
Counsel are required to register in accordance with the Procedures for Electronic Case filing within one week following the initial pretrial conference. Please consult the Southern District of New York Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov, for more information.
Exclusion of time requests must provide facts for independent Court determination considering public and defendant interests; parties' agreement alone insufficient; must address defendant consent.
Court's wording
Parties seeking an exclusion of time under the Speedy Trial Act must apprise the Court of facts that will permit the Court to make an independent determination as to whether or not to exclude time, considering both the interest of the public and the interest of the Defendant in a speedy trial, in conformance with 18 U.S.C. § 3161(h)(8), Parisi v. United States, 529 F.3d 134 (2d Cir. 2008), and United States v. Zedner, 547 U.S. 489 (2006). It is not sufficient that the parties agree to exclude time. Any request to exclude time must address whether the Defendant(s) consent to the exclusion of time for the reason(s) specified.
Plaintiff must provide medical authorizations to defendant within 10 days of answer.
Court's wording
In any case involving allegations of personal injury – whether physical, psychological, emotional or otherwise – the plaintiff is to provide to the defendant all necessary medical authorizations within 10 days after an answer or other responsive pleading is filed.
Unless otherwise directed, counsel should describe their discovery disputes in a single letter, jointly composed.
- Document
- Discovery dispute letter
Should include
- •Jointly composed
Where a formal discovery motion is necessary, follow Local Civil Rule 37.2.
Letters regarding discovery disputes should be filed in accordance with Rule I(A) above.
Meet and confer rule must be strictly followed and documented in joint letter.
Must include
- •Time place duration
Court's wording
Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required, and should be described in the joint submission as to time, place, and duration, naming the counsel involved in the discussion.
The joint letter shall describe concisely the issues in dispute and the respective position of each party, with citations for supporting authority.
- Document
- Discovery dispute letter
Must include
- •Citations
- •Issues in dispute
Record authority must be filed as appendix to 56.1 Statement.
Court's wording
All record authority cited in a 56.1 Statement, such as affidavits, relevant deposition testimony, responses to discovery requests, or other documents containing such evidence, shall be separately filed and served as an appendix to the 56.1 Statement.
The party opposing the motion must submit a response to the moving party’s 56.1 Statement.
Any party filing a motion for summary judgment (or partial summary judgment) shall submit with that motion a Local Civil Rule 56.1 Statement.
The attorney who will serve as principal trial counsel must appear at all conferences with the Court.
Courtesy copies of amended pleadings should be accompanied by a blackline showing all changes from the previously filed pleading.
- Document
- Amended pleading
Should include
- •Blackline showing changes
The parties shall submit a joint letter and proposed case management plan seven days before the initial conference.
A party who wishes to obtain a default judgment must proceed by way of an order to show cause and use the procedure set forth in Attachment A.
Joint pretrial order must be submitted within 30 days after discovery completion or dispositive motion decision.
Court's wording
within 30 days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order
Be sure to include the attorney’s name and contact information.
Include
- •Attorney name
Affidavit of service must be filed via ECF before return date and courtesy copy brought to hearing.
Court's wording
Prior to the return date, file via ECF an affidavit of service, demonstrating that the adverse party was served with the Order to Show Cause and supporting papers. Bring a courtesy copy of this affidavit to the hearing.
Each party must file and serve all motions in limine with the proposed joint pretrial order.
Each party must also file a trial memorandum of law addressing each issue of law that the party expects to arise at or before trial.
If the documents described in subsections (1) through (5) above are prepared on a computer, electronic copies must also be submitted on a thumb drive.
Must include
- •Electronic copies
Within two weeks of filing the proposed joint pretrial order, each party must file and serve its opposition to any motion in limine.
A party may not call as a witness an individual who is not listed in its portion of the witness list.
The original affidavits will be marked as exhibits at trial.
Unless accompanied by a request to file under seal, letters shall be filed electronically on ECF.
One set of the party’s documentary exhibits organized sequentially.
Proposed findings of fact and conclusions of law.
All parties must jointly prepare: a list of voir dire questions to be asked of prospective jurors; requests to charge; and a proposed verdict sheet.
- Document
- Joint pretrial order
Must include
- •Requests to charge
- •Voir dire questions
- •Proposed verdict sheet
If the documents described in (1) through (3) above are prepared on a computer, electronic copies must also be submitted on a thumb drive.
Must include
- •Electronic copies
To the extent a party objects to another party’s requested voir dire questions, requests to charge or proposed verdict sheet, that party should (a) set forth the grounds for that objection (or refer to the trial memorandum of law for a full discussion of the objection) and (b) propose an alternative.
Copies of any designated deposition testimony that will be offered as substantive evidence, along with a one-page synopsis (with page references) of those excerpts for each deposition.
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.
The Court will schedule a pretrial conference approximately one week before trial.
A party may not offer deposition testimony that is not listed in its portion of the designation.
Counsel must be prepared to engage in meaningful settlement discussions.
Affidavits constitute direct testimony except for adverse parties, subpoenaed witnesses, or those testifying at trial.
Court's wording
Affidavits constituting the direct testimony of each trial witness, except for testimony of an adverse party, a person whose attendance must be compelled by subpoena, or a person for whom a party has requested and the Court has agreed to hear direct testimony during trial.
A copy of each hard copy exhibit should be appended to the motion.
- Document
- Motion
Should include
- •Exhibits
A party may not offer an exhibit that is not listed in its portion of the exhibit list.
Each party must also file one set of the party’s documentary exhibits organized sequentially.
Only those witnesses who will be cross-examined need appear at trial.
Include the case number on all letters.
- Document
- Letter
Include
- •Case number
All requests to charge, all objections and all alternative proposals must include citation to supporting authority.
Must include
- •Citation to authority
A trial memorandum of law that identifies the issues, summarizes the relevant facts and applicable law, and addresses any evidentiary issues.
Copies of letters to the Court shall be simultaneously delivered to all counsel, whether via ECF notification or other means.
Counsel must exchange copies of their trial exhibits before the trial begins.
If a party wishes to publish an exhibit to the jury prior to deliberations, it must use video equipment or provide a copy of each such exhibit for every juror.
Two copies of deposition excerpts required for evidence, with relevant pages only, stapled and offered as exhibits.
- Document
- Deposition excerpts
Must include
- •Relevant pages only
- •Two copies to court
Court's wording
Counsel shall provide two copies to the Court of any deposition excerpts that are intended to be offered into evidence. Copy the relevant pages only, staple the extracts from each deposition, and offer each as an exhibit.
Judge Gardephe's practice is to issue his own attachment orders rather than sign proposed orders submitted by litigants. Counsel should carefully review any attachment order that is issued, including the amount the party is authorized to attach, and ensure that the writ issued by the Clerk's Office conforms to the Court's order.
Documents may be provided by hand or fax by next business day; supplemental affidavits must be filed via ECF.
Court's wording
The documents and information described above may be provided by hand at the time the complaint and attachment request are brought to Chambers, or by hand or fax by the close of the next business day. Any supplemental affidavit provided to the Court must also be filed via ECF.
There should be no speaking objections. If the Court does not understand the basis for an objection, the Court will inquire, and counsel should respond with an explanatory word or phrase, such as “hearsay,” “leading,” or “asked and answered.”
The Court will generally schedule a Fed. R. Civ. P. 16(c) conference approximately 60 days following the filing of a Complaint.
The Court will use the occasion to explore the prospects for settlement.
Filing & Service rules
Courtesy Copy Requirements
Upon case assignment, parties must immediately contact Chambers to schedule conference with defendant present; AUSA must provide courtesy copies of indictment/criminal complaint to Chambers.
Upon assignment of a criminal case to Judge Gardephe, the parties immediately shall contact Chambers to schedule a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule. The Assistant United States Attorney shall provide a courtesy copy each of the indictment and criminal complaint, if one exists, to Chambers as soon as possible.
Criminal cases
Page 2 | Criminal Case Procedures
Courtesy copies of documents filed on ECF should: (1) be single-sided; (2) be spiral bound or stapled (preferred over velo bound copies); and (3) bear the ECF header (e.g., “Case 1:13-cv-01234-PGG Document 100
Courtesy copies of documents filed on ECF should: (1) be single-sided; (2) be spiral bound or stapled (preferred over velo bound copies); and (3) bear the ECF header (e.g., “Case 1:13-cv-01234-PGG Document 100
Civil cases
Page 6 | COURTESY COPIES
One courtesy copy of any document filed on ECF longer than five pages should be sent to Chambers.
One courtesy copy of any document filed on ECF longer than five pages should be sent to Chambers.
Civil cases
Page 6 | COURTESY COPIES
Courtesy copies of pleadings must be submitted to chambers promptly after filing.
Courtesy copies of pleadings, marked as such, shall be submitted to chambers as soon as practical after filing.
Civil cases
Page 7 | C. Pleadings
Initial pleadings must be sent to chambers no later than 7 business days before initial conference.
Copies of initial pleadings should be sent to Chambers no later than seven business days before the parties’ initial conference.
Civil cases
Page 7 | C. Pleadings
One courtesy copy of motion papers must be submitted to chambers when electronically filed.
One set of courtesy copies of all motion papers, marked as such, shall be submitted to chambers at the time the papers are electronically filed.
Civil cases
Page 7 | D. Motion Papers
One courtesy copy of joint pretrial order and related documents must be submitted to chambers on filing date.
One set of courtesy copies of the joint pretrial order and all documents filed or served with the pretrial order should be submitted to Chambers on the date of filing or service.
Civil cases
Page 7 | E. Joint Pretrial Order
Courtesy copy of Proposed Order to Show Cause and supporting docs must be provided to Chambers in hard copy after electronic filing.
Once electronically filed, a courtesy copy of the Proposed Order to Show Cause and the supporting documentation must be provided to Chambers in hard copy.
Civil cases
Page 11 | 1
Two courtesy copies and, in the case of voir dire requests or requests to charge, an electronic copy in Microsoft Word format, should be delivered to chambers that same day.
Two courtesy copies and, in the case of voir dire requests or requests to charge, an electronic copy in Microsoft Word format, should be delivered to chambers that same day.
Page 1 | 1. Pretrial Practices
Courtesy copy of foreign legal authority required for Rule B attachment orders.
A party relying on foreign legal authority in support of any aspect of a request to issue or vacate a Rule B attachment order must provide a courtesy copy (in English) of the cited authority.
Civil cases
Page 1 | C
Courtesy copies of letters are not required.
Please do not provide courtesy copies of letters.
Civil cases
Sealing & Redaction Procedures
Sealed filing motions must be filed publicly with reasons.
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.
Civil cases
Certain sensitive information must be redacted without court approval.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.
Civil cases
Sealed filing motions must be filed electronically via ECF.
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
In cases where the Part I judge has issued a sealing order, the plaintiff should provide Chambers with a copy of the sealing order and copies of any documents it submitted in support of the sealing request. Requests for continued sealing must be supported by particularized allegations justifying such relief, such as allegations suggesting that the named defendant is likely to abscond from the District with attachable assets absent a sealing order.
In cases where the Part I judge has issued a sealing order, the plaintiff should provide Chambers with a copy of the sealing order and copies of any documents it submitted in support of the sealing request. Requests for continued sealing must be supported by particularized allegations justifying such relief, such as allegations suggesting that the named defendant is likely to abscond from the District with attachable assets absent a sealing order.
Civil cases
Page 1 | D
Additional sensitive information may require motion for sealing approval.
Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual’s cooperation with the government.
Civil cases
Sensitive information should only be included if necessary and relevant.
Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case.
Civil cases
Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Civil cases
Filing Bundling Requirements
Motion papers must be filed on ECF only when fully briefed (except pro se).
In all cases (except pro se cases), the moving party shall electronically file motion and reply papers on ECF only when the entire motion has been briefed.
Civil cases
Page 4 | MOTIONS
Responding party files opposition only when notified by moving party.
The responding party shall electronically file opposition papers only when noticed by the moving party that the motion and reply papers are being filed.
Civil cases
Page 4 | MOTIONS
Statutory and FRCP time periods for motions take precedence over bundling rule.
Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule – including but not limited to Fed. R. Civ. P. 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 – where failure to comply with the specified time period could result in forfeiture of a substantive right.
Civil cases
Page 4 | MOTIONS
Exception to bundling rule for time-sensitive motions to preserve rights.
Exception to the “Bundling Rule” Upon notice to the court, a party may file a motion before briefing is completed if waiting to file until the motion is fully briefed could result in the loss of a right (such as by making it impossible to file a timely appeal).
Civil cases
Page 4 | MOTIONS
Motions for reconsideration and in limine exempt from bundling rule.
Motions for reconsideration and motions in limine are not subject to the “bundling rule.”
Civil cases
Page 4 | MOTIONS
Pre-Motion Conference Requirements
Post-discovery dispositive motions require letter submission per Rule 4(A), with opposition due 3 business days later.
Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court's Individual Practices by _____________________. [Insert date; typically 1 week after the close of discovery.] Opposition letters are due _____________________. [Insert date; typically 3 business days later.]
Civil cases
Page 3 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Pre-motion conferences required for specific motion types.
Pre-motion conferences are required for the following motions: discovery motions, motions to amend pleadings, motions to file a third party complaint, motions for sanctions, transfer motions, summary judgment motions, Fed. R. Civ. P. 12 motions, Fed. R. Civ. P. 21 motions, and Fed. R. Civ. P. 42 motions.
Civil cases
Page 3 | MOTIONS
Pre-motion conference request letter limited to 5 pages.
To request a pre-motion conference, send the Court a letter of no more than 5 pages, describing the grounds for the proposed motion and whether the
Civil cases
Page 3 | MOTIONS
Pre-motion letters must follow Rule I(A) filing requirements.
All pre-motion letters should be filed in accordance with Rule I(A) above.
Civil cases
Page 4 | MOTIONS
Oral argument requests must follow Rule I(A) filing requirements.
Requests shall be filed in accordance with Rule I(A) above.
Civil cases
Page 4 | MOTIONS
Pre-motion letters don't stay deadlines except for motions to dismiss.
The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay the defendant’s time to answer or otherwise move with respect to the complaint.
Civil cases
Page 4 | MOTIONS
Pre-motion conferences not required in pro se cases.
A pre-motion conference is not required in pro se cases.
Civil cases
Page 4 | MOTIONS
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their moving, opposition, or reply papers are filed.
Civil cases
Page 4 | MOTIONS
Court decides whether to grant oral argument and sets date.
The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.
Civil cases
Page 4 | MOTIONS
Moving party must serve pre-motion letter to other parties.
The moving party shall serve the other parties with a copy of the pre-motion letter and shall request that the other parties
Civil cases
Page 3 | MOTIONS
Other parties must respond to pre-motion letter within 3 business days (max 5 pages).
The moving party shall serve the other parties with a copy of the pre-motion letter and shall request that the other parties submit a letter setting forth its position, of no more than 5 pages, within 3 business days after the request is made.
Civil cases
Page 4 | MOTIONS
Adjournment & Extension Requirements
Depositions cannot be held until initial document production responses are received.
Unless the parties agree or the Court so orders, the parties may not hold depositions until all parties have responded to initial requests for document production.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Expert discovery must be completed by a specified deadline.
The parties must complete expert discovery no later than _____________________.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Depositions cannot exceed one business day without court permission.
Consistent with Federal Rule of Civil Procedure 30(d), the parties may not extend depositions beyond one business day without prior leave of the Court.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Fact discovery must be completed by a specified deadline.
The parties must complete fact discovery no later than _____________________.
Civil cases
Page 2 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Extension/adjournment requests must be made at least 2 business days before deadline/appearance, except in emergencies; made in writing per Rule 1(A).
Requests for Extension of Deadline or Adjournment of Court Appearance. All requests for extensions or adjournments shall be made as soon as a party is aware of the need for the extension or adjournment and, in any event, no later than two business days prior to the scheduled deadline or appearance, absent an emergency. Requests should be made in writing in accordance with Rule 1(A) above. See Rule 3 below regarding requests for exclusions of time.
Criminal cases
Page 1 | Communications with Chambers
Adjournment requests must include specific required elements.
The request must state: (1) the date of the scheduled appearance, (2) the length of time requested for the adjournment and suggested dates on which all parties are available (civil conferences are typically held on Thursday mornings), (3) the reason for the requested adjournment, (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Civil cases
Extension requests must include specific required elements.
The request must state: (1) the deadline(s) sought to be extended, (2) the length of time requested for the extension, (3) the number of previous requests for extensions and the Court’s rulings, (4) the reason for the current request, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Civil cases
Motion to amend pleadings must be filed within 30 days unless good cause shown.
Except for good cause shown, any motion to amend pleadings must be filed within 30 days from the date of this Order.
Civil cases
Page 1 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Motion to join additional parties must be filed within 30 days unless good cause shown.
Except for good cause shown, any motion to join additional parties must be filed within 30 days from the date of this Order.
Civil cases
Page 1 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Adjournment is not effective until court grants it via ECF order.
The appearance is not adjourned unless counsel are thereafter informed – typically by the posting of a signed order on ECF – that the written application has been granted.
Civil cases
Adjournment requests must be made at least 2 business days before appearance.
A request for an adjournment of a court appearance shall be made as soon as a party is aware of the need for the adjournment and, in any event, no later than two business days prior to the scheduled appearance, absent an emergency.
Civil cases
Extension requests must be made at least 2 business days before deadline.
All requests for extensions of deadlines shall be made as soon as a party is aware of the need for the extension and, in any event, no later than two business days prior to the scheduled deadline, absent an emergency.
Civil cases
Bankruptcy appeal brief deadlines may be extended by stipulation submitted 2 business days before due date.
Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.
Civil cases
Page 8 | IX. Bankruptcy Appeals
Chambers Communication Rules
Counsel must meet face-to-face for at least one hour to discuss settlement within 14 days after fact discovery closes.
No later than 14 days following the close of fact discovery, all counsel must meet face-to-face for at least one hour to discuss settlement.
Civil cases
Page 3 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Ready Trial Date set after discovery/dispositive motion; 48-hour notice for trial; counsel must report scheduling conflicts in advance.
At the close of discovery or, if a party has filed a dispositive motion, then within 30 days of a decision resolving the motion, the Court will set a Ready Trial Date. At any time on or after the Ready Trial Date, the Court may call the parties to trial upon 48 hours' notice. Therefore, counsel must notify the Court and their adversaries in writing of any potential scheduling conflicts – including, but not limited to, trials and vacations – that would prevent a trial at a particular time. Such notice must come before the Court notifies counsel of an actual trial date, not after counsel receives notification of the actual trial date. Counsel should notify the Court and all other counsel in writing, at the earliest possible time, of any scheduling problems involving out-of-town witnesses or other exigencies.
Civil cases
Page 3 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Letters. Except as otherwise provided below, communications with the Court shall be by letter. Unless accompanied by a request to file under seal, letters shall be filed electronically on ECF, with a courtesy copy, clearly marked as such, delivered to the Court by mail or hand delivery. See Rule 9 below regarding courtesy copies. Letters to be filed under seal should be delivered to the Court by mail or hand delivery. Include the case number on all letters. Copies of letters to the Court ordinarily shall be simultaneously delivered to all counsel. Chambers will not accept any substantive communication – i.e., anything other than a scheduling matter – by email.
Letters. Except as otherwise provided below, communications with the Court shall be by letter. Unless accompanied by a request to file under seal, letters shall be filed electronically on ECF, with a courtesy copy, clearly marked as such, delivered to the Court by mail or hand delivery. See Rule 9 below regarding courtesy copies. Letters to be filed under seal should be delivered to the Court by mail or hand delivery. Include the case number on all letters. Copies of letters to the Court ordinarily shall be simultaneously delivered to all counsel. Chambers will not accept any substantive communication – i.e., anything other than a scheduling matter – by email.
Criminal cases
Page 1 | Communications with Chambers
Request for substitution of defense counsel requires scheduling conference with Chambers.
When there is a request for substitution of defense counsel, counsel of record must contact Chambers to schedule a conference.
Criminal cases
Page 2 | Substitution of Counsel
Sidebars during jury trials are discouraged and generally not permitted.
Sidebars during jury trials are discouraged and generally not permitted.
Page 2 | 7. Sidebars
Telephone calls to Chambers are permitted only in emergency situations requiring immediate attention. In such situations, parties should email the Chambers inbox requesting the Court’s contact information. Ex parte telephone calls will ordinarily not be accepted; wherever possible, counsel for all affected parties should be on the line when a call to Chambers is placed, except to the extent that similarly situated parties have designated a lead counsel to represent them on such a call. Please be ready to provide the case number when calling Chambers.
Telephone calls to Chambers are permitted only in emergency situations requiring immediate attention. In such situations, parties should email the Chambers inbox requesting the Court’s contact information. Ex parte telephone calls will ordinarily not be accepted; wherever possible, counsel for all affected parties should be on the line when a call to Chambers is placed, except to the extent that similarly situated parties have designated a lead counsel to represent them on such a call. Please be ready to provide the case number when calling Chambers.
Criminal cases
Page 1 | Communications with Chambers
Hand deliveries to Chambers must be delivered to all counsel simultaneously; leave with Court Security Officer at Worth Street entrance; not brought to Chambers.
Hand deliveries made to Chambers must be simultaneously delivered to all counsel. Hand-delivered mail should be left with the Court Security Officer at the Worth Street entrance of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007; it may not be brought to Chambers.
Criminal cases
Page 1 | Communications with Chambers
Correspondence between counsel should not be sent to court.
Copies of correspondence between counsel shall not be sent to the Court.
Civil cases