Southern District of New York Document Filing Requirements

Applies to

Exhibits

Must include

exhibit list

Exhibits must be pre-marked before trial session begins.

All exhibits must be marked prior to the session of the trial at which they are to be introduced. No trial time will be used for this purpose.

Applies to

Exhibit list

Must include

exhibit list

Three copies of final exhibit list required for Court.

Each counsel must provide to the Court three copies of his or her final exhibit list.

Applies to

Exhibits

Must include

chambers copy

Court copy of each exhibit required before trial use.

Counsel must give a copy of each exhibit to the Court before using it at trial.

Applies to

Exhibits

Must include

chambers copy, exchange with opposing counsel

Exchange exhibit copies with opposing counsel before trial.

Counsel must exchange copies of their trial exhibits and provide a set for use by the Court before trial begins (see applicable scheduling orders and/or Judge Swain's Individual Practices Rules).

Applies to

Exhibits

Must include

jury copies, witness copies, court reporter copies +2 more

Additional exhibit copies required for witnesses, deputy, reporter, opposing parties, and jury.

On the day of trial, counsel must bring additional pre-marked copies for use by witnesses, the Courtroom Deputy, the Court Reporter, opposing parties and (if applicable) the jury.

Applies to

Depositions

Must include

chambers copy

Court copies required for depositions offered into evidence.

Counsel must also provide copies to the Court of any depositions which are intended to be offered, in whole or part, into evidence.

Applies to

Letter motion

Must include

original date, number of previous requests, previous requests granted or denied

Letter-motions for adjournment/extension must state original date, number of previous requests, and whether previous requests were granted.

The letter-motion must state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these

Applies to

Motion

Must include

local rule certificate

Certification required for all civil case motions

Compliance with the certification requirement of subdivision b. below is, however, required for all civil case motions, whether discovery-related or not.

Applies to

Memorandum of law

Memoranda of 10+ pages must include a table of contents.

Memoranda of 10 pages or more must contain a table of contents.

Applies to

Motion

Must include

proposed order

TRO motions must be filed on ECF following ECF Rule 18.2 procedures.

If a party wishes to seek a temporary restraining order, it should 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.

Applies to

Motion

Must include

service on non ecf parties

For noticed TRO motions, serve documents on parties not receiving ECF service.

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.

Applies to

Service

Must include

certificate of service

Service outside ECF must be documented with certificate of service.

Service accomplished outside the ECF system must be documented in accordance with the applicable Federal Rules of Procedure concerning certificates of service.

Applies to

Plea agreement

Must include

notice of electronic filing

Plea agreements must be emailed to Chambers at least 5 business days before disposition conference.

The plea agreement or Pimentel letter must be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov at least five (5) full business days before the time set for the conference at which the disposition is to be addressed.

Applies to

Voir dire

Must include

proposed order

Proposed voir dire and verdict forms must be served and filed one week before Final Pretrial Conference.

No later than one week before the Final Pre-Trial Conference: Each party must serve on each other party and file with the Court its proposed voir dire and verdict form.

Applies to

Sentencing submission

Must include

caption, case number

Sentencing submissions have specific timing: defendant 2 weeks, government 1 week, reply 3 days before sentencing.

A defendant’s sentencing submission must be filed and served two weeks in advance of the date set for sentence. The Government’s sentencing submission must be filed and served one week in advance of the date set for sentence. Any reply submission must be made at least three days before the date set for sentence.

Applies to

Adjournment request

Must include

chambers copy

Adjournment requests on ECF require simultaneous hard copy or fax to Chambers.

DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers. (See 1(B)(ii).)

Applies to

Motion

Must include

table of contents

All motions must include a table of contents listing all affidavits and exhibits.

All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Applies to

Motion

Parties must refer to existing exhibits and not duplicate them.

Parties shall refer to exhibits already filed and not duplicate them.

Applies to

Motion

Letter motions and oppositions are not accepted.

Letter motions or oppositions will not be accepted.

Applies to

Dispute letter

Disputes must be described in a single jointly composed letter.

Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed.

Applies to

Dispute letter

Separate and successive letters will be returned unread.

Separate and successive letters will be returned, unread.

Applies to

Dispute letter

Meet and confer rule must be strictly followed and described in joint submission.

Strict adherence to 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.

Applies to

Dispute letter

Court will not resolve disputes not brought in conformity with this rule.

The Court will not resolve disputes not brought to its attention in conformity with this rule.

Applies to

Default judgment

Must include

proof of service, compliance description, agency relationship proof

Default judgment motions require proof of service and agency relationship or compliance description.

Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made.

Applies to

Default judgment

Must include

service discussion, entity charter copy, entity type discussion

Entity default judgments require charter copy and entity type discussion.

If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Applies to

Joint pretrial order

Joint pretrial order due 3 days before final pretrial conference.

The parties shall submit, three days prior to that conference, for the Court’s approval, a joint pretrial order, which shall include the following:

Applies to

Pretrial filing

Pretrial filings due by court-set date, no later than 3 days before pretrial conference.

On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate:

Applies to

Motion

Must include

caption

All motions and courtesy copies must include a table of contents listing affidavits and exhibits.

All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Applies to

Motion

Letter motions and letter oppositions are prohibited.

Letter motions or oppositions will not be accepted.

Applies to

Letter

Disputes must be submitted in a single joint letter describing meet and confer efforts; separate letters rejected.

Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed. Separate and successive letters will be returned, unread. Strict adherence to 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.

Applies to

Letter

Proposed case management plan must be filed via ECF 48 hours before initial conference.

No later than 48 hours prior to an initial conference, counsel shall file, via ECF, a proposed case management plan, using the template attached to these individual Rules.

Applies to

Default judgment

Must include

certificate of service

Default judgment motions must include proofs of service and entity documentation.

Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made. If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Applies to

Pretrial order

Must include

caption

Joint pretrial orders must include caption, counsel info, jurisdiction statements, claims/defenses summary, marked pleadings, jury/trial estimate, magistrate consent, witness lists, and exhibit lists.

The parties shall submit, three days prior to that conference, for the Court's approval, a joint pretrial order, which shall include the following: i. The full caption of the action, omitting all dismissed parties. ii. The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel. iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. iv. A brief summary of the claims and defenses to be tried, without recital of evidentiary matter but including citations to all statutes and cases relied on. v. A copy of the pleadings marked to show, for each claim and defense, in the margin next to each allegation thereof, the admissions and denials. vi. A statement as to whether the case is to be tried with or without a jury, and the estimated number of trial days. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. ix. A list of each party's witnesses actually intended to be called, and, if the witness cannot be present and will testify through deposition, the precise portions of deposition transcripts actually intended to be introduced together with any cross-designations and objections by any other party. x. A list of exhibits actually intended to be offered at trial, indicating exhibits to which no party objects on grounds of authenticity and exhibits to which no party objects on any ground.

Applies to

Pretrial memorandum

Parties must submit pretrial memoranda, proposed jury charges/voir dire (jury trials), or proposed findings/conclusions (non-jury trials) no later than 3 days before final pretrial conference, in duplicate.

On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate: i. For jury and non-jury trials, a pretrial memorandum, describing the party's position on the factual and legal issues to be tried. ii. For jury trials, proposed requests to charge and proposed voir dire questions. iii. For non-jury trials, proposed findings of fact and conclusions of law for each claim and defense.

Applies to

Notice of motion

Parties seeking collective action notice approval must use the attached template.

Parties moving the Court to approve a collective action notice shall use the template attached.

Applies to

All submissions

Must include

case number

Docket numbers required on all submissions to the Court.

Docket numbers must appear on all submissions to the Court.

Applies to

All

Must include

case number

Docket numbers must appear on all submissions to the Court.

Docket numbers must appear on all submissions to the Court.

Applies to

All

Must include

caption, case number

Master caption required for group filings; individual and master docket numbers required for case-specific filings.

If a filing relates to all of the cases within a group, the master caption should be used. If a filing relates to specific case, the individual docket number and the master docket number should appear on the filing.

Applies to

Pretrial submission

Must include

verdict form, jury instructions, voir dire questions

Jury trial requires filing voir dire, jury instructions, and verdict form by Final Pretrial Submission Date.

If this action is to be tried before a jury, proposed voir dire questions, jury instructions and verdict form shall also be filed by the Final Pretrial Submission Date.

Applies to

Jury instructions

Must include

final pretrial submission deadline

Jury instructions must be filed by Final Pretrial Submission Date unless meeting Rule 51(a)(2)(A) standard.

Jury instructions may not be submitted after the Final Pretrial Submission Date, unless they meet the standard of Rule 51(a)(2)(A), Fed. R. Civ. P.

Applies to

Pretrial submission

Must include

conclusions of law, proposed findings of fact

Bench trial requires filing proposed findings and conclusions by Final Pretrial Submission Date.

If this action is to be tried to the Court, proposed findings of fact and conclusions of law should be submitted by the Final Pretrial Submission Date.

Applies to

Status report

Must include

joint submission

Joint status report required one week before Case Management Conference.

The parties are directed to file a joint status report not later than one week in advance of the Case Management Conference.

Applies to

Motion

Must include

caption, judge name, case number

Nonincarcerated pro se parties must file motion to participate in ECF.

Any nonincarcerated pro se party who wishes to participate in electronic case filing ("ECF") must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake Unit or at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro-se-cases.

Applies to

Service

Must include

proof of service

Counsel must serve pro se parties with paper copies and proof of service unless ECF permission or electronic consent exists.

Except for cases in which the pro se party has received permission to participate in electronic case filing or has consented to electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically or otherwise submitted to the Court and must include a separate proof of service.

Applies to

Pretrial statement

Must include

witness list, document list, statement of facts +1 more

Pro se plaintiff must file Pretrial Statement within 30 days after discovery completion or dispositive motion decision.

Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery, or within 30 days after the Court’s decision on a dispositive motion, if any, the plaintiff in a pro se case must file a concise, written Pretrial Statement.

Applies to

Pretrial statement

Must include

proof of service

Pro se plaintiff must send Pretrial Statement to non-ECF parties with proof of service.

If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), the plaintiff must also send a copy of the Statement to that party and include proof of service affirming that he or she has done so.

Applies to

Pretrial statement

Must include

service requirement

Defendant must file and serve Pretrial Statement within two weeks of receiving plaintiff's Statement.

Two weeks after service of the plaintiff’s Statement, the defendant must file and serve its own Pretrial Statement.

Applies to

Pretrial statement

Parties represented by counsel must file proposed findings of fact and conclusions of law for bench trials.

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.

Applies to

Pretrial statement

Parties represented by counsel must file proposed voir dire, jury charge, and verdict form for jury trials.

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.

Applies to

Pro se filing with non ecf party

Must include

certificate of service

Pro se parties must include proof of service when filing if another party is not an ECF user.

If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include proof of service affirming that he or she has done so.

Applies to

Counsel filing in pro se case

Must include

certificate of service

Counsel must serve paper copies on pro se parties and include proof of service with all electronic filings.

counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically or otherwise submitted to the Court and must include a separate proof of service. Submissions filed without such proof of service will not be considered.

Applies to

Brief

Must include

word count

Computer-prepared briefs must include a certificate stating the word count.

If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document.

Applies to

Pretrial order

Pretrial Statement must include statement of facts, list of documents/objects, list of witnesses/addresses, and be sworn.

This Statement need not take any particular form, but it must contain the following: (1) a statement of the facts the plaintiff intends 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 the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.

Applies to

Status report

Joint status report must be filed at least one week before Case Management Conference.

The parties are directed to file a joint status report not later than one week in advance of the Case Management Conference.

Applies to

Letter motion

Must include

proposed new dates

Proposed schedule required if adjournment affects other dates

If the requested adjournment or extension affects any other scheduled dates, a proposed schedule shall be included in the letter.

Applies to

Memorandum of law

Must include

word count certificate

Word count certificate must state exact word count

The certificate must state the number of words in the document.

Applies to

Exhibit

Must include

tabbed, indexed

All exhibits must be tabbed and indexed

All exhibits shall be tabbed and indexed.

Applies to

Letter motion

Must include

original date, reason for request, number of previous requests

Letter motion must state original date, reason, and number of previous requests

The letter motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous

Applies to

Letter motion

Must include

original date, adversary position, reason for request +1 more

Letter motion must state original date, reason, previous requests, and adversary consent

The letter motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous granted or denied; and (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.

Applies to

Summary judgment motion

Must include

statement of material facts

Summary judgment motions require electronic copy of 56.1 statement in Word format and simultaneous production of new evidence

Any party wishing to move for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of its Statement of Material Facts pursuant to Local Civil Rule 56.1. The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 statement that has not previously been produced during discovery.

Applies to

Summary judgment motion

Must include

production of new evidence

Summary judgment movants must produce new evidence cited in 56.1 statement

The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 statement that has not previously been produced during discovery.

Applies to

Summary judgment transcript

Summary judgment transcripts must be submitted in full, one-page-per-sheet format with index

With respect to any deposition or hearing transcript that is supplied in connection with a summary judgment motion, the transcript of a witness’ testimony shall be submitted in its entirety and in a one-page-per-sheet format with an index.

Applies to

Memorandum of law

Memoranda over 10 pages require table of contents and table of authorities

Memoranda of more than ten pages shall contain a table of contents and a table of authorities.

Applies to

Memorandum of law

Must include

word count certificate

Computer-prepared briefs require word count compliance certificate

If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above.

Applies to

Amended filing

Amended filings must include redline showing differences from original

Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing.

Applies to

Motion to amend pleading

Motions to amend pleadings must include redline showing differences

Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.

Applies to

Expert disclosure

Must include

fr cp 26 a 2 compliance, fr cp 26 a 3 compliance

Parties must comply with FRCP 26(a)(2) expert testimony disclosures and 26(a)(3) trial evidence disclosures; non-compliance may result in preclusion or sanctions.

The parties are reminded of their obligation to make certain disclosures regarding expert testimony pursuant to Federal Rule of Civil Procedure 26(a)(2) and to make disclosure regarding evidence that may be presented at trial pursuant to Federal Rule of Civil Procedure 26(a)(3). Failure to comply with these requirements may result in preclusion or other sanctions.

Applies to

Joint pretrial order

Must include

pdf format, word format

Joint pretrial order must be filed within 30 days after discovery completion or dispositive motion decision, in both PDF and Word formats.

Unless otherwise ordered by the Court, within thirty days after the date for the completion of discovery, or within thirty days after the Court’s decision on a dispositive motion, if any, the parties shall file with the Court, in both PDF format and as a Microsoft Word document, a proposed joint pretrial order

Applies to

Requests to charge

Must include

notice of electronic filing

Parties must email copies of requests to charge and proposed voir dire to the Court in Word format.

At the time of filing, parties shall also submit copies of these documents to the Court by email, as Microsoft Word documents.

Applies to

Proposed findings conclusions

Must include

notice of electronic filing

Parties must email proposed findings of fact and conclusions of law to the Court in both PDF and Word formats.

At the time of filing, parties shall also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

Applies to

Any submission

Must include

ai disclosure

AI-generated submissions must be verified for accuracy and Rule 11 compliance.

If a submission is prepared using generative artificial intelligence (for example, ChatGPT, Harvey, CoCounsel, or Google Bard), the submitting party and counsel must confirm for themselves that the submission, and all source material within, is accurate and in compliance with the obligations of Rule 11.

Applies to

Default judgment affidavit

Default judgment affidavit must include specific elements: service basis, procedural history, legal basis, damages, and authority.

The affidavit or declaration shall set forth: 1. The basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; 2. The procedural history beyond service of the summons and complaint, if any; 3. The legal basis, including citations to appropriate authorities, for a finding of liability based on the allegations in the complaint; 4. 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; 5. The proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and 6. Legal authority for why an inquest into damages would be unnecessary, if applicable.

Applies to

Default judgment affidavit

Must include

proposed order

Default judgment affidavit must include attachments: proposed judgment, Certificate of Default, and all pleadings.

The affidavit or declaration shall include as attachments: 1. A proposed default judgment; 2. A Certificate of Default from the Clerk of Court; 3. Copies of all of the pleadings;

Applies to

Letter

Non-moving party must notify court within 10 days of motion to dismiss receipt about amending pleading or defending existing pleading.

If a motion to dismiss is filed, the non-moving party must, within ten days of receipt of the motion, notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so, or (2) it will rely on the pleading being attacked.

Applies to

Letter

Discovery disputes require meet-and-confer first, then joint letter (max 6 pages) with representation of conferral details.

All parties shall follow Local Civil Rule 37.2 with the following modifications: A party wishing to raise a discovery dispute with the Court shall 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 succeed, the parties shall describe the dispute in a single joint letter to the Court, normally not exceeding six pages. The joint letter shall include a representation that the meet-and-confer process occurred, identifying the time, place, and duration and naming the counsel involved in the discussion.

Applies to

Letter

Parties asserting diversity jurisdiction must file 2-page letter with citizenship details before Case Management Plan deadline.

asserting the existence of such jurisdiction shall, prior to the deadline for submitting the proposed Case Management Plan and Scheduling Order, file with the Court a letter no longer than two pages explaining the basis for that party's assertion that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.

Applies to

Statement of material facts

Summary judgment movants must provide other parties an electronic copy of their Rule 56.1 Statement in Microsoft Word format.

Any party wishing to move for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of its Statement of Material Facts pursuant to Local Civil Rule 56.1.

Applies to

Brief

Must include

word count

Computer-prepared briefs must include a certificate stating the word count, which may rely on the word-processing program's count.

If a brief is prepared with a computer, it must include a certificate by the attorney or the party who is not represented by an attorney that the document complies with the word-count limits set forth above. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document.

Applies to

Default judgment

Must include

proposed order

Plaintiffs seeking default judgment must proceed by order to show cause per Attachment A procedure.

A plaintiff seeking a default judgment shall proceed by way of order to show cause, pursuant to the procedure set forth in Attachment A, infra.

Applies to

Joint pretrial order

Must include

caption

Joint pretrial order must be filed within 30 days after discovery completion or 30 days after decision on dispositive motion, in both PDF and Microsoft Word formats.

Unless otherwise ordered by the Court, within thirty days after the date for the completion of discovery, or within thirty days after the Court's decision on a dispositive motion, if any, the parties shall file with the Court, in both PDF format and as a Microsoft Word document, a proposed joint pretrial order

Applies to

Proposed findings conclusions

Must include

caption

Proposed findings of fact and conclusions of law must be detailed with citations, filed on ECF, and emailed to Court in PDF and Word formats.

File on ECF their proposed findings of fact and conclusions of law. The proposed findings of fact shall be detailed and shall include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. At the time of filing, parties shall also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

Applies to

Motion

Must include

ai disclosure

Parties using generative AI must verify accuracy and Rule 11 compliance of submissions.

If a submission is prepared using generative artificial intelligence (for example, ChatGPT, Harvey, CoCounsel, or Google Bard), the submitting party and counsel must confirm for themselves that the submission, and all source material within, is accurate and in compliance with the obligations of Rule 11.

Applies to

Default judgment

Must include

certificate of default

Certificate of Default from Clerk required before moving for default judgment.

Before moving for default judgment, a party must first acquire a Certificate of Default from the Clerk of Court pursuant to Federal Rule of Civil Procedure 55(a), Local Civil Rule 55.1, and Rule 16.1 of the Electronic Case Filing Rules & Instructions.

Applies to

Default judgment

Must include

proposed order

Default judgment motion requires proposed order, party affidavit with damages calculation, and supporting affidavit.

In accordance with Rule 16.3 of the Electronic Case Filing Rules & Instructions, file the following documents: a. A proposed order to show cause for default judgment; b. An affidavit or declaration signed by a party with personal knowledge (i.e., not the attorney in the action except in limited circumstances), which sets forth a statement of proposed damages and the basis for each element of damages, including a step-by-step explanation of each calculation; and c. An affidavit or declaration in support of the order.

Applies to

Default judgment

Must include

certificate of default

Default judgment supporting affidavit must attach proposed judgment, Certificate of Default, and all pleadings.

The affidavit or declaration shall include as attachments: 1. A proposed default judgment; 2. A Certificate of Default from the Clerk of Court; 3. Copies of all of the pleadings

Applies to

Letter

Must include

case number

Letters to Chambers must identify the case, docket number, and represented party.

All letters must provide the name of the case and its docket number, and must state the name of the party that counsel represents.

Applies to

Court paper

Must include

case number

In related cases, future papers and correspondence must list both the new case docket number and related-case docket number.

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.

Applies to

Motion

In pro se cases, the represented party must file the entire motion on ECF.

In cases involving pro se litigants, the party represented by counsel is responsible for filing the entire motion on ECF.

Applies to

Lr 56 1 statement

Each numbered paragraph in a Rule 56.1 statement may contain only one factual assertion.

The 56.1 Statement must contain only one factual assertion in each numbered paragraph.

Applies to

Lr 56 1 statement

Every factual assertion in a Rule 56.1 statement must include a citation to supporting evidence in the record.

Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.

Applies to

Lr 56 1 response

A Rule 56.1 response must identify admissions and disputes, explain the basis for disputes, and cite supporting record evidence.

The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon.

Applies to

Responsive lr 56 1 statement

If the opponent adds additional factual allegations, the moving party must file a responsive Rule 56.1 statement.

If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.

Applies to

Lr 56 1 statement

Multiple parties filing Rule 56.1 statements must coordinate numbering so paragraphs are consecutive and non-overlapping.

If multiple parties are submitting 56.1 Statements, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.

Applies to

Joint pretrial order

In civil cases, parties must file a joint pretrial order on ECF within 30 days after discovery closes or within 30 days after decision on a dispositive motion.

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order,

Applies to

Joint pretrial order

Must include

caption

The joint pretrial order must include the full caption of the action.

The full caption of the action.

Applies to

Joint pretrial order

The joint pretrial order must list trial counsel names and full contact details.

The names, addresses (including firm names), email addresses, and telephone and fax numbers of trial counsel.

Applies to

Joint pretrial order

The joint pretrial order must include party jurisdiction statements with statutory citations and relevant jurisdictional facts.

A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements should include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.

Applies to

Joint pretrial order

The joint pretrial order must summarize remaining claims/defenses with statutory citations and identify claims/defenses no longer being tried.

A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. The parties should also identify all claims and defenses previously asserted that are not to be tried.

Applies to

Joint pretrial order

The joint pretrial order must state whether trial is jury or nonjury and estimate trial length in days.

A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

Applies to

Joint pretrial order

The joint pretrial order must state whether all parties consent to trial before a magistrate judge, without identifying individual positions.

A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

Applies to

Joint pretrial order

The joint pretrial order must include stipulations or agreed statements of fact or law.

Any stipulations or agreed statements of fact or law.

Applies to

Joint pretrial order

The joint pretrial order must include witness lists, brief role/testimony descriptions, and any party objections.

A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness.

Applies to

Joint pretrial order

The joint pretrial order must include deposition designations plus cross-designations and objections.

A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.

Applies to

Joint pretrial order

The joint pretrial order must include exhibit lists and identify objections with their nature.

A list by each party of exhibits to be offered in its case in chief, with an indication of whether any party objects to the exhibit and a brief statement of the nature of the objection (e.g., “relevance,” “authenticity,” “hearsay”).

Applies to

Joint pretrial order

The joint pretrial order must state damages sought for each claim and explain the calculation method.

damages sought with respect to each claim, including the manner and method used to calculate the claimed damages.

Applies to

Joint pretrial order

The joint pretrial order must state whether parties consent to a less-than-unanimous verdict.

A statement as to whether the parties consent to a less than unanimous verdict.

Applies to

Pretrial filings prior to trial

In civil cases, pretrial filings are due 21 days before trial; represented parties file on ECF and pro se litigants may file by regular mail.

Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial:

Applies to

Jury trial pretrial submissions

In jury civil cases, parties must submit proposed voir dire questions, requests to charge, and a verdict form.

In jury cases, proposed voir dire questions, requests to charge and verdict form.

Applies to

Proposed voir dire questions

Plaintiff’s proposed voir dire must include an agreed explanatory paragraph, or separate designated paragraphs if no agreement is reached after good-faith efforts.

The plaintiff’s proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case. If the parties cannot agree on such a paragraph after good-faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective voir dire submissions.

Applies to

Proposed jury instruction

Every proposed jury instruction must cite its source authority.

Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction.

Applies to

Proposed findings and conclusions

In nonjury civil cases, parties must submit proposed findings of fact and conclusions of law.

In nonjury cases, proposed findings of fact and conclusions of law.

Applies to

Proposed findings and conclusions

Proposed findings must be detailed, and proposed conclusions must state elements of each claim or defense.

Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense.

Applies to

Motion in limine

Parties must file motions in limine addressing evidentiary or other issues to be resolved before trial.

In all cases, motions addressing any evidentiary or other issues that should be resolved in limine; and

Applies to

Opposition filings

Represented parties must file opposition submissions within one week after a Section 4.B filing, while pro se litigants may file by regular mail.

Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above (pro se litigants may file via regular mail):

Applies to

Objections to voir dire or requests to charge

Opposition filings may include objections to the other party’s proposed voir dire questions or requests to charge.

Objections to the other party’s proposed voir dire questions or requests to charge.

Applies to

Opposition to motion in limine

Opposition filings may include opposition to any motion in limine.

Opposition to any motion in limine.

Applies to

Opposition to pretrial memorandum arguments

Opposition filings may include opposition to legal arguments raised in a pretrial memorandum.

Opposition to any legal argument made in a pretrial memorandum.

Applies to

Motion to seal

A sealing motion must be filed publicly, must explain specific reasons for sealing, and should not disclose the confidential information at issue.

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.

Applies to

Courtroom electronic equipment request

Attorneys need prior Court Order authorization to bring non-personal electronic equipment into the courthouse.

In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order.

Applies to

Courtroom electronic equipment request

The authorization order must be presented when bringing approved equipment into the courthouse.

The Order must be shown upon bringing the equipment into the Courthouse.

Applies to

Certificate of default request

A certificate of default filing requires both a request for entry of default and a proposed clerk’s certificate submitted to the Clerk.

To file for a certificate of default, parties must submit to the Clerk of the Court a “request for entry of default” and a proposed “clerk’s certificate.”

Applies to

Default judgment

The signed certificate must be attached to the default judgment at electronic filing.

This signed certificate is to be attached to the default judgment when the default judgment is electronically filed.

Applies to

Certificate of service

Service on defaulting parties must be by certified mail, and plaintiff should provide the tracking number to the Court.

Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.

Applies to

Default judgment

A default judgment request must not exceed the principal amount demanded in the complaint.

A request for an amount equal to or less than the principal amount demanded in the complaint;

Applies to

Default judgment

A default judgment submission must include definitive information and documentation sufficient to calculate the proposed judgment amount.

Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. (If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined by an inquest);

Applies to

Default judgment

A default judgment submission must include an affidavit stating what portion of the sought judgment has not been paid.

An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;

Applies to

Default judgment

A default judgment submission must include the calculations used to reach the proposed judgment amount.

The calculations made in arriving at the proposed judgment amount.

Applies to

Sentencing memorandum

Must include

caption, case number

A sentencing memorandum filing must be marked as such and clearly show caption and docket number.

A party should group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Applies to

Sentencing memorandum

Must include

caption, case number

Paper sentencing memorandum filings must be marked and include caption and docket number.

A party should group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.

Applies to

Application

An application for additional redactions must clearly identify the redaction.

The application should clearly identify the redaction

Applies to

Summary judgment motion

Must include

local rule certificate

Summary judgment requires 56.1 Statement with one factual assertion per paragraph and citations

Except in pro se cases, the moving party should provide all other parties with an electronic copy of the moving party's Statement of Material Facts Pursuant to Local Civil Rule 56.1. The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.

Applies to

Summary judgment opposition

56.1 Response must admit/dispute facts with citations and may add numbered paragraphs

Opposing parties the opposing party's response directly beneath it. The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon. The response may go on to make additional factual allegations in paragraphs numbered consecutively to those of the moving party (i.e., do not begin re-numbering at 1). If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.

Applies to

Conference

Must include

principal trial counsel

Principal trial counsel must appear at all conferences with the Court

The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Applies to

Pretrial conference

Must include

medical authorizations

Personal injury cases require medical authorizations to defendant before initial pretrial conference

In any case involving allegations of personal injury – whether physical, psychological, emotional or otherwise – the plaintiff is to provide to the defendant, prior to the initial pretrial conference, all necessary medical authorizations.

Applies to

Joint pretrial order

Must include

judge name, case number, certificate of service

Joint pretrial order must be filed within 30 days after discovery completion or dispositive motion decision

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order

Applies to

Pretrial documents

Must include

judge name, case number, certificate of service

Parties must file pretrial documents 21 days before trial commencement

Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial

Applies to

Jury pretrial documents

Must include

judge name, case number, certificate of service

In jury cases, parties must file proposed voir dire, requests to charge, and verdict form 21 days before trial

In jury cases, proposed voir dire questions, requests to charge and verdict form. The plaintiff's proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case

Applies to

Jury instructions

Must include

judge name, case number, certificate of service

Each proposed jury instruction must include citation to source/authority

Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction

Applies to

Nonjury pretrial documents

Must include

judge name, case number, certificate of service

In nonjury cases, parties must file detailed proposed findings of fact and conclusions of law with elements

In nonjury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense

Applies to

Motions in limine

Must include

judge name, case number, certificate of service

In all cases, parties must file motions in limine 21 days before trial

In all cases, motions addressing any evidentiary or other issues that should be resolved in limine

Applies to

Pretrial opposition documents

Must include

judge name, case number, certificate of service

Represented parties must file opposition documents within 1 week of opposing party's pretrial filings

Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above

Applies to

Voir dire objections

Must include

judge name, case number, certificate of service

Parties may file objections to opposing party's proposed voir dire questions or requests to charge

Objections to the other party's proposed voir dire questions or requests to charge

Applies to

Motions in limine opposition

Must include

judge name, case number, certificate of service

Parties may file opposition to opposing party's motions in limine

Opposition to any motion in limine

Applies to

Pretrial memorandum opposition

Must include

judge name, case number, certificate of service

Parties may file opposition to legal arguments in opposing party's pretrial memorandum

Opposition to any legal argument made in a pretrial memorandum

Applies to

Pretrial service documents

Must include

judge name, case number, certificate of service

Parties must serve but not file additional documents when joint pretrial order is filed

At the time the joint pretrial order is filed, each party should serve, but not file, the following

Applies to

Motion for default judgment

Must include

certificate of service

Certificate of service required for default judgment motion, certified mail service with tracking number

A certificate of service complying with Local Civil Rule 55.2(c). Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.

Applies to

Letter motion

Must include

notice of electronic filing

File letters seeking relief as letter-motions on ECF, not ordinary letters.

When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters.

Applies to

Sur reply

Must include

prior permission

Sur-replies require prior Court permission.

Sur-reply memoranda will not be accepted without prior permission of the Court.

Applies to

Memorandum of law

Appendices to memoranda of law must be indexed.

All appendices to memoranda of law must be indexed.

Applies to

Conference

Must include

notice of appearance

Lead Trial Counsel must appear at all conferences with authority to bind parties.

Lead Trial Counsel must appear at all conferences with the Court, must have authority to bind the party they represent consistent with the proceeding (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding.

Applies to

Final pretrial conference

Must include

principal decision makers

Principal decision-makers must attend final pretrial conference and trial.

Principal decision-makers must attend the final pretrial conference and the trial.

Applies to

Letter motion

Must include

certificate section

Letter-motion must state dates/times, duration, participants, and impasse notification of conferences.

Any letter-motion seeking relief must state: (1) the dates and times of each conference conducted pursuant to Paragraph 5(B)–(C); (2) the duration of these conferences; (3) the names of the attorneys who participated; and (4) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an impasse.

Applies to

Letter motion

Must include

certificate of conference

Letter-motions must state that Lead Trial Counsel conference occurred.

The letter-motion must specifically state that the required Lead Trial Counsel conference occurred.

Applies to

Deposition

Deposition objections must be concise, nonargumentative, and nonsuggestive.

All objections during a deposition must be 'stated concisely in a nonargumentative and nonsuggestive manner.' Fed. R. Civ. P. 30(c)(2).

Applies to

Memorandum of law

Must include

oral argument requested

Request oral argument by marking 'ORAL ARGUMENT REQUESTED' on cover page.

A party may request oral argument by indicating 'ORAL ARGUMENT REQUESTED' on the cover page of its memorandum of law.

Applies to

Motion to dismiss

Must include

non argumentative chart

Motions to dismiss must include non-argumentative charts identifying elements not plausibly alleged.

In any motion to dismiss arguing that a pleading fails to plausibly allege a claim, the supporting papers must clearly indicate the specific claim elements that the moving party believes have not been plausibly pleaded. In response, the non-moving party must identify the specific paragraphs in the pleading that the non-moving party believes plausibly allege those specific elements. The moving party must attach a non-argumentative chart as an exhibit to its moving papers identifying the elements not plausibly alleged, and the non-moving party must attach a responsive, non-argumentative exhibit to its responsive papers identifying the paragraphs of the complaint that plausibly allege those elements.

Applies to

Motion to amend

Must include

redline

Motion to amend must include redline showing differences from operative pleading.

When moving to amend any pleading, the moving party shall—in accordance with Paragraph 2(B) above—file with the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Applies to

Summary judgment

Must include

rule 56 1 response format

Opposing parties must reproduce and respond to each entry in Rule 56.1 Statement.

Opposing parties must reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it.

Applies to

Summary judgment

Memoranda of law must include background and facts sections; cannot merely incorporate Rule 56.1 statements.

Memoranda of law should include sections discussing the relevant background and facts. Parties should not merely incorporate by reference their Local Rule 56.1 Statements or Counterstatements.

Applies to

Temporarily restraining order

Must include

certificate of service, notice of electronic filing

Notice TRO applications require simultaneous ECF filing, service, and email to Chambers.

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

Deadline

14 calendar days

Applies to

Joint pretrial order

Must include

caption, judge name, case number

Joint pretrial order must be filed on ECF and emailed to Court 14 days before final pretrial conference.

Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order, which shall include the following:

Applies to

Joint pretrial order

Must include

motions in limine

Motions in limine must be filed with joint pretrial order, with single memorandum of law per party

Unless otherwise ordered by the Court, each party shall file and serve with the joint pretrial order: in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 8(C) above, in support of all motions in limine filed by that party;

Applies to

Joint pretrial order

Must include

joint requests to charge, joint proposed verdict forms, joint proposed voir dire questions

Joint requests to charge, verdict forms, and voir dire questions required in all jury cases

in all jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions as specified by Paragraph 10(D) below;

Applies to

Joint pretrial order

Must include

proposed findings of fact, proposed conclusions of law

Non-jury cases require detailed proposed findings of fact and conclusions of law with citations

in all non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

Applies to

Joint pretrial order

Must include

electronic exhibit copies

Electronic copies of exhibits required with joint pretrial order, or hard copies in binders/folders if undue burden

an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.). If submission of electronic copies would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. Each hard copy shall be pre-marked (that is, with an exhibit sticker) and assembled sequentially in a loose-leaf binder (not to exceed 2-1/2 inches in thickness) or in separate manila folders labeled with the exhibit numbers and placed in redweld folders labeled with the case name and docket number;

Applies to

Joint pretrial order

Must include

exhibit list

Exhibit list in Word format with four columns required, parties fill first two columns

a Microsoft Word document listing all exhibits sought to be admitted, emailed to the court. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.

Applies to

Joint pretrial order

Must include

joint requests to charge, joint proposed verdict forms, joint proposed voir dire questions

Joint trial documents must show differences in track-change format with supporting authority

joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order, with any differing proposals displayed in track-change format and supported by authority or other justification.

Applies to

Non jury trial

Must include

witness affidavits

Affidavits required for direct testimony of witnesses in non-jury trials, except for certain exceptions

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. The affidavit should be treated as a direct substitute for the witness’s live testimony; that is, counsel should be attentive to the Rules of Evidence (e.g., hearsay and the like) and authenticate any exhibits that will be offered through that witness’s testimony.

Deadline

3 business days

Applies to

Non jury trial

Must include

cross examination list

List of witnesses to be cross-examined required 3 business days after affidavit submission

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial.

Applies to

Filing

Must include

affidavit of service

Pro se parties must serve other pro se parties and file affidavit of service

A pro se party must send copies of any filing to that party and include an Affidavit of Service or other statement affirming that it has done so.

Applies to

Motion

Must include

notice of electronic filing

Pro se parties must receive notices for certain motions under LCR 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.

Applies to

Pretrial statement

Must include

exhibit list, witness list, statement of facts

Pretrial Statement due within 30 days after discovery completion or summary judgment ruling.

Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement.

Applies to

Pretrial statement

Represented parties must file voir dire questions, jury charge, and verdict form with Pretrial Statement; pro se parties optional and should not email.

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. At the time of filing, a represented party should email these documents to the Court in both PDF and Microsoft Word formats. The pro se party may file such documents but is not required to do so and should not submit them by email.

Applies to

Exhibit

Sufficient hard copy exhibits must be provided for witnesses, opposing counsel, jurors, court reporter, interpreters, and Court.

Where a hard copy exhibit is used, sufficient copies should be made, as appropriate, for witnesses, opposing counsel, jurors, the court reporter, any interpreters, and the Court.

Applies to

Exhibit

Separate hard copy exhibits must be provided for each juror if not using Court's audio-visual system.

If counsel intends to publish hard copies of documentary exhibits to the jury rather than using the Court’s audio-visual system, a separate copy should be provided for each juror to avoid unnecessary delay.

Applies to

Exhibit

Exhibits must be shown to opposing counsel when offered unless pre-marked copies were provided beforehand.

Any exhibit offered in evidence should, at the time it is offered, be shown to opposing counsel unless it was provided, pre-marked, to counsel before the proceeding.

Applies to

General

Permission required before approaching bench; documents for Court must be handed to Courtroom Deputy.

Counsel should request permission before approaching the bench, and any document that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.

Applies to

General

Objections before jury should be brief: state “objection” only, provide legal ground only if Court requests elaboration.

Counsel should not make speaking objections before the jury. In making objections before the jury, counsel should state “objection” only and provide the legal ground (e.g., “relevance” or “hearsay”) only if elaboration is requested by the Court.

Applies to

General

Motions should not be made in presence of jury; raise at next recess instead.

Counsel should not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at the next recess.

Applies to

General

Stand when jury enters or exits courtroom.

Stand when the jury enters or exits the courtroom.

Applies to

General

Stand at lectern while examining witnesses; may approach with Court's permission for exhibits.

Stand at the lectern while examining any witness; except that counsel may, with the Court’s permission, approach the Courtroom Deputy’s desk or the witness for purposes of handling or tendering exhibits.

Applies to

General

Address all remarks to Court, not opposing counsel.

Address all remarks to the Court, not to opposing counsel.

Applies to

General

Be respectful of opposing counsel, litigants, and witnesses.

Be respectful of opposing counsel, the litigants, and witnesses.

Applies to

General

Refer to all persons by surnames, not first or given names.

Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.

Applies to

General

Only one attorney per party may examine/cross-examine each witness; same attorney handles objections for both direct and cross.

Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. The attorney who conducts direct examination shall be the attorney who states any objections during cross-examination.

Applies to

General

Commence cross-examination without preliminaries.

Commence cross-examination without preliminaries.

Applies to

General

Do not repeat or echo witness's answers during examination.

In examining a witness, counsel shall not repeat or echo the answer given by the witness.

Applies to

General

Do not face or appear to address jurors when questioning witnesses.

Counsel should not face or otherwise appear to address him or herself to jurors when questioning a witness.

Applies to

General

Do not express personal knowledge or opinion in opening statements or arguments to jury.

In opening statements and in arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue.

Applies to

Transcript

Counsel must promptly raise issues about transcript accuracy for appeal; material errors require stipulation or motion, non-material defects should be ignored.

Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling, or punctuation should be ignored.

Applies to

Letter

Letters seeking relief must be filed as letter-motions, not ordinary letters.

Letters seeking relief should be filed on ECF as letter-motions in accordance with Paragraph 8(A) below, not as ordinary letters.

Applies to

Amended pleading

Amended or corrected filings must include a redline showing all changes.

Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing.

Applies to

Affidavit of service

Must include

certificate of service

In pro se cases, counsel must serve paper copies on the pro se party and file a separate Affidavit of Service; submissions without proof of service will not be considered.

Absent a pro se party consenting to receipt of electronic 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. Submissions filed without proof of service that the pro se party was served will not be considered.

Applies to

Motion

Must include

notice of electronic filing

When filing Rule 12 or 56 motions, parties must provide pro se parties with required notices under LR 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.

Applies to

Pretrial statement

Must include

certificate of service

Pro se plaintiff must file sworn Pretrial Statement within 30 days of discovery completion or SJ ruling, containing facts, exhibits, and witness list.

Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court's ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement. This Statement must contain the following: (1) a statement of the facts the 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 the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.

Applies to

Proposed findings conclusions

Must include

proposed order

For bench trials, represented parties must file proposed findings of fact and conclusions.

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

Applies to

Pretrial statement

Represented parties in jury trials must file proposed voir dire questions, jury charge, and verdict form with the Pretrial Statement and should email them in PDF and Word formats; pro se parties should not email.

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. At the time of filing, a represented party should email these documents to the Court in both PDF and Microsoft Word formats. The pro se party may file such documents but is not required to do so and should not submit them by email.

Applies to

Notice of appearance

Must include

notice of appearance

Parties must designate Lead Trial Counsel in their first submission.

At the outset of each case, or upon reassignment of a matter to this Court, each party must identify to the Court one individual who shall serve as Lead Trial Counsel for that party. This designation must be provided to the Court in the party's first submission (including in reassigned cases).

Applies to

Notice of appearance

Attorneys must file a notice of appearance on ECF before appearing before the Court.

Any attorney appearing before the Court must enter a notice of appearance on ECF.

Applies to

Letter

Discovery dispute letter-motions must include conference dates/times, duration, participating attorney names, and confirmation that impasse was communicated to adversary.

Any letter-motion seeking relief must state: (1) the dates and times of each conference conducted pursuant to Paragraph 5(B)–(C); (2) the duration of these conferences; (3) the names of the attorneys who participated; and (4) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an

Applies to

Privilege log

Privilege logs must include counsel certification of review and good-faith basis for privilege claims.

Each log and update must include a certification from counsel that counsel has reviewed the withheld or redacted documents, and that there is a good-faith basis to assert privilege over those documents.

Applies to

Sur reply

Sur-reply memoranda require prior Court permission.

Sur-reply memoranda will not be accepted without prior permission of the Court.

Applies to

Brief

Appendices to memoranda of law must be indexed.

All appendices to memoranda of law must be indexed.

Applies to

Motion

Must include

ai disclosure

Counsel must personally verify accuracy of any research conducted using ChatGPT or similar tools, and bears responsibility for all filings.

Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any research conducted by these means. At all times, counsel—and specifically designated Lead Trial Counsel—bears responsibility for any filings made by the party that counsel represents.

Applies to

Motion

Motions to dismiss must attach a non-argumentative chart exhibit identifying elements not plausibly alleged.

In any motion to dismiss arguing that a pleading fails to plausibly allege a claim, the supporting papers must clearly indicate the specific claim elements that the moving party believes have not been plausibly pleaded. In response, the non-moving party must identify the specific paragraphs in the pleading that the non-moving party believes plausibly allege those specific elements. The moving party must attach a non-argumentative chart as an exhibit to its moving papers identifying the elements not plausibly alleged, and the non-moving party must attach a responsive, non-argumentative exhibit to its responsive papers identifying the paragraphs of the complaint that plausibly allege those elements.

Applies to

Motion

Motions to amend must include a redline showing all differences between the operative and proposed amended pleading.

When moving to amend any pleading, the moving party shall—in accordance with Paragraph 2(B) above—file with the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Applies to

Motion

Summary judgment motions must include an electronic copy in Microsoft Word format of the Rule 56.1 Statement.

with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts Pursuant to Local Civil Rule 56.1.

Applies to

Opposition

Summary judgment oppositions must reproduce each entry in the moving party's Rule 56.1 Statement with the response directly beneath it.

Opposing parties must reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it.

Applies to

Motion

Default judgment motions must be supported by a Certificate from the Clerk (if based on failure to answer) and an attorney's affidavit or declaration.

The motion must be supported by the following papers: i. if failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; ii. an attorney's affidavit or declaration setting forth: 1. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; 2. the procedural history beyond service of the summons and complaint, if any;

Applies to

Pretrial order

Must include

caption

Joint pretrial order must be filed 14 days before final pretrial conference and submitted by email to the Court.

A. Joint Pretrial Order. Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a "Joint Pretrial Statement," and submit by email to the Court a proposed joint pretrial order, which shall include the following:

Applies to

Status update

Must include

certificate of service

Parties must submit joint status update 24 hours before status conference

No later than 24 hours prior to a scheduled status conference, the parties shall jointly write to the Court to provide any updates and preview what they wish to discuss at the conference.

Applies to

Letter motion

Must include

certificate of service

Substitution of counsel requires letter-motion and conference with all parties

When there is a substitution of defense counsel, counsel of record must file a letter-motion on ECF in accordance with Paragraph 6(A) to request that a conference be scheduled as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. Counsel of record (i.e., current counsel), the defendant, replacement counsel, and the Assistant United States Attorney must also attend the conference.

Applies to

Sur reply

Must include

certificate of service

Sur-replies require prior permission from the Court

Sur-reply memoranda will not be accepted without prior permission of the Court.

Applies to

Letter motion

Must include

certificate of service

Bail modification requests must be filed as letter-motions on ECF

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.

Applies to

Plea agreement

Must include

certificate of service

Plea agreements and Pimentel letters must be emailed to Chambers 2 business days before 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.

Applies to

Trial exhibits

Must include

exhibit list

Each party must provide one copy of all documentary exhibits and Section 3500 material before trial.

Before trial, each party must provide the Court with one copy of all documentary exhibits and Section 3500 material.

Applies to

Exhibit list

Must include

caption

Each party must email a Word document listing all exhibits with four columns, completing only first two columns.

Before trial, each party shall email to the Court a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The submitting party shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.

Applies to

Sentencing submission

Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before.

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.

Applies to

Sentencing submission

Must include

notice of electronic filing

All sentencing submission documents must be filed on ECF unless sealed or redacted.

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.

Applies to

Letter motion

Bail modification requests must be filed as letter-motions and indicate Government and Pre-Trial Services Officer 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.

Applies to

Exhibit list

Before trial, parties must email an exhibit list with four specific columns in Microsoft Word format.

Before trial, each party shall email to the Court a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) "Exhibit Number"; (2) "Description" (of the exhibit); (3) "Date Identified"; and (4) "Date Admitted." The submitting party shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.

Applies to

Letter seeking relief

Letters seeking relief must be filed as letter-motions on ECF, not ordinary letters.

Letters seeking relief should be filed on ECF as letter-motions in accordance with Paragraph 8(A) below, not as ordinary letters.

Applies to

First submission

Parties must designate Lead Trial Counsel in their first submission, changeable only with court approval.

At the outset of each case, or upon reassignment of a matter to this Court, each party must identify to the Court one individual who shall serve as Lead Trial Counsel for that party. This designation must be provided to the Court in the party’s first submission (including in reassigned cases). The designation of Lead Trial Counsel cannot be changed absent prior approval by the Court.

Applies to

Court paper

Related case filings must include both the 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., 12-CV-1234 [rel. 11-CV-4321]).

Applies to

Letter motion

Discovery dispute letter-motions must include specified conference details and adversary notice.

Any letter-motion seeking relief must state: (1) the dates and times of each conference conducted pursuant to Paragraph 5(B)–(C); (2) the duration of these conferences; (3) the names of the attorneys who participated; and (4) that the moving party informed the adversary

Applies to

Letter motion

Joint letter for initial pretrial conference must include proposed Civil Case Management Plan as an exhibit.

a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter

Applies to

Proposed civil case management plan

Parties must use the court's form for the Proposed Case Management Plan and Scheduling Order.

The parties shall use the form Proposed Case Management Plan and Scheduling Order available at the Court’s website.

Applies to

Opposition

Oppositions to letter-motions seeking relief must be filed as letters.

Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within two business days.

Applies to

Privilege log

Privilege logs and updates must include a counsel certification of review and good-faith privilege assertion.

Each log and update must include a certification from counsel that counsel has reviewed the withheld or redacted documents, and that there is a good-faith basis to assert privilege over those documents.

Applies to

Memorandum of law

Appendices to memoranda of law must be indexed.

All appendices to memoranda of law must be indexed.

Applies to

Memorandum of law

Oral argument requests must be indicated by “ORAL ARGUMENT REQUESTED” on the memorandum of law cover page.

A party may request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law.

Applies to

Motion to dismiss

Motion to dismiss supporting papers must list unpled claim elements; responsive papers must identify plausibly pleaded paragraphs; both sides must attach non-argumentative exhibits.

In any motion to dismiss arguing that a pleading fails to plausibly allege a claim, the supporting papers must clearly indicate the specific claim elements that the moving party believes have not been plausibly pleaded. In response, the non-moving party must identify the specific paragraphs in the pleading that the non-moving party believes plausibly allege those specific elements. The moving party must attach a non-argumentative chart as an exhibit to its moving papers identifying the elements not plausibly alleged, and the non-moving party must attach a responsive, non-argumentative exhibit to its responsive papers identifying the paragraphs of the complaint that plausibly allege those elements.

Applies to

Motion to amend pleading

Motions to amend pleadings must include a redline showing all differences between the operative and proposed pleadings.

When moving to amend any pleading, the moving party shall—in accordance with Paragraph 2(B) above—file with the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Applies to

Default judgment motion

Default judgment motions must include a clerk’s certificate (if basis is failure to answer) and an attorney’s affidavit detailing service and procedural history.

The motion must be supported by the following papers: i. if failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; ii. an attorney’s affidavit or declaration setting forth: 1. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; 2. the procedural history beyond service of the summons and complaint, if any;

Applies to

Default judgment

Must include

proposed order, certificate of service

Default judgment applications must include specified statements, damages basis, legal authority, native calculation files emailed to Chambers, proposed default judgment, operative pleadings, and affidavit of service.

4. whether, if the default is applicable to fewer than all counterparties, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; 5. the proposed damages and the basis for each element of damages, including interest, attorney’s fees, and costs; and 6. legal authority for why an inquest into damages would be unnecessary; iii. if the proposed damages are supported by calculations, native versions of the files with calculations (i.e., versions of the files in their original format, such as in “.xlsx”), which shall be emailed to Chambers; iv. a proposed default judgment; v. copies of all the operative pleadings; and vi. a copy of the affidavit of service of the summons and complaint.

Applies to

Letter motion

Requests for extensions and adjournments must be filed as letter-motions, not proposed stipulations or orders.

As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

Applies to

TRO application

Must include

certificate of conference

TRO applicants must confer with adversary before filing, unless meeting FRCP 65(b)(1) ex parte requirements.

A party should confer with its adversary before making an application for a temporary restraining order unless the party seeking relief is able to satisfy the requirements for obtaining temporary relief without notice to the adverse party set forth in Federal Rule of Civil Procedure 65(b)(1).

Applies to

Joint pretrial order

Joint pretrial order must include full caption, trial counsel info, jurisdiction statement, claims summary, trial days needed, jury info, case summary, witness list, Magistrate consent statement, and stipulations.

Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order, which shall include the following: i. the full caption of the action; ii. the names, law firms, addresses, telephone numbers, and email addresses of trial counsel if not already listed on the docket; iii. a brief statement by plaintiff (or, in a removed case, by defendant) as to the basis of subject matter jurisdiction... ix. any stipulations or agreed statements of fact or law to which all parties consent...

Applies to

Motion in limine

Motions in limine must be filed and served with the joint pretrial order unless the court orders otherwise.

Unless otherwise ordered by the Court, each party shall file and serve with the joint pretrial order: i. in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine.

Applies to

Motion in limine memorandum

Each party must file a single memorandum of law supporting all their motions in limine, absent leave of court.

Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 8(C) above, in support of all motions in limine filed by that party;

Applies to

Joint request to charge

Jury cases must file joint requests to charge, proposed verdict forms, and proposed voir dire questions with the joint pretrial order.

ii. in all jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions as specified by Paragraph 10(D) below; and

Applies to

Proposed finding of fact

Non-jury cases must file proposed findings of fact and conclusions of law with the joint pretrial order, with findings detailed and citing testimony and exhibits.

iii. in all non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

Applies to

Exhibit list

Exhibit lists must have four specified columns, with the first two completed and the last two left blank for the court.

The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.

Applies to

Deposition excerpt

Deposition excerpts offered as substantive evidence require a one-page synopsis with page citations to the transcript.

all deposition excerpts that will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts.

Applies to

Protective order

Proposed protective orders must conform as closely as possible to the Court’s Model Protective Order.

D. Protective Order. The parties should conform any proposed protective order as closely as possible to the Court’s Model Protective Order, which is available on

Applies to

Sur reply memorandum

Must include

prior permission

Sur-reply memoranda require prior Court permission.

Sur-reply memoranda will not be accepted unless the Court’s prior permission has been obtained.

Applies to

Statement of material facts

Must include

reproduce each entry, electronic copy provided, set out response beneath

Moving party must provide electronic copy of Rule 56.1 statement; opposing party must reproduce and respond to each entry.

Except in pro se cases where the moving or non-moving party does not have access to word processing, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1. The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it.

Applies to

Tros

Must include

caption, judge name, case number

TRO applications require hand-delivery to Clerk and email to Court with specific requirements.

Parties intending to file applications for TROs or other emergency relief must hand-deliver hard copies of the motion papers to the Clerk of Court and send the 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 which the filing party and any other relevant parties can be reached; and (3) except for ex parte applications, provide the relevant parties’ availability for a conference in the next few days.

Applies to

Joint pretrial order

Must include

caption, judge name, case number

Joint pretrial order required within 30 days after discovery completion or dispositive motion decision.

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties shall submit to the Court for its approval a proposed joint pretrial order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and following:

Applies to

Jury instructions

Must include

citation to source authority

Proposed jury instructions must be emailed to chambers with citations or they will be disregarded.

In jury cases, proposed voir dire questions, requests to charge and proposed verdict form. The plaintiff’s proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the potential jurors with a brief explanation of the case. If the parties cannot agree on such a paragraph after good-faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective voir dire submissions. In addition to being filed in the normal manner, proposed jury instructions should be emailed (in Word or WordPerfect) to chambersnysdseibel@nysd.uscourts.gov. Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.

Applies to

Proposed findings conclusions

Non-jury cases require detailed proposed findings of fact and conclusions of law with elements.

In non-jury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense.

Applies to

Motion in limine

All cases require motions in limine for evidentiary issues.

In all cases, motions addressing any evidentiary or other issues that should be resolved in limine.

Applies to

Affidavit

Must include

direct testimony

Non-jury cases require affidavits for direct testimony with cross-examination lists.

In non-jury cases: Affidavits constituting the direct testimony of each trial witness who is within the control of the party or willing to provide such an affidavit. One week 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 trial. Only those witnesses who will be cross-examined need appear at trial. The original affidavit shall be marked as an exhibit at trial.

Applies to

Objection

Objections to opposing party's voir dire, requests to charge, or verdict form are permitted.

Objections to the other party’s proposed voir dire questions, requests to charge, or proposed verdict form.

Applies to

Opposition

Opposition to motions in limine is permitted.

Opposition to any motion in limine.

Applies to

Opposition

Opposition to legal arguments in pretrial memoranda is permitted.

Opposition to any legal argument made in a pretrial memorandum.

Applies to

Transcript correction

Must include

stipulation for material errors, motion on notice for disputed material errors

Counsel must promptly address transcript accuracy issues for appeal, with specific procedures for material vs. non-material errors.

Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling or punctuation should be ignored.

Applies to

Order to show cause

Must include

default judgment procedure

Default judgments must be obtained through order to show cause following attached procedure.

A party that wishes to obtain a default judgment must proceed by way of order to show cause. Follow the Default Judgment Procedure, attached hereto as Attachment A.

Applies to

Stipulation

Must include

client consent, attorney substitution

Attorney substitution requires stipulation signed by counsel and client, with court-set deadlines for substitute counsel.

If an attorney wishes to be relieved as counsel, the client consents, and substitute counsel is prepared to appear (or an individual party wishes to appear pro se), the substitution may be accomplished by stipulation signed by attorney(s) and client. If the client consents and substitute counsel is desired but has not been obtained, the attorney may submit a stipulation signed by counsel and client, and the Court will set a date by which substitute counsel must appear for a corporate client and/or by which an individual client

Applies to

Motion

Must include

notice of electronic filing

Documents related to motions must be electronically filed through ECF.

must be electronically filed through the ECF system and related to the motion.

Applies to

Pro se case

Must include

local rule certificate

Pro se litigants must comply with Federal Rules, Local Rules, and Judge McMahon's Individual Rules.

Parties who appear before the Court pro se must comply with the applicable Federal Rules of Civil Procedure, the Southern District of New York’s Local Rules (available at http://nysd.uscourts.gov/courtrules.php), and Judge McMahon’s Individual Rules.

Applies to

Pro se filing

Pro se hard-copy filings must be submitted to Pro Se Intake Unit, not to Chambers.

All hard-copy filings by pro se litigants must be submitted to the Pro Se Intake Unit (not to Chambers), at: Pro Se Intake Unit Daniel Patrick Moynihan United States Courthouse 500 Pearl Street, Room 200 New York, New York 10007

Applies to

Case management plan

Agreed case management plans must be filed via ECF no later than 2 days before initial conference.

If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.

Applies to

Complaint

Must include

ric case statement

RICO Case Statement required within 30 days of filing complaint.

In all matters in which the complaint contains a RICO claim, the plaintiff(s) must file a RICO Case Statement, in accordance with the Court’s RICO Case Standing Order, which is available on the Court’s website (http://nysd.uscourts.gov/judge/Mcmahon), within 30 days of filing the complaint.

Applies to

General

Discovery stayed until defendants answer or move to dismiss RICO claims.

No discovery may proceed in any case in which a RICO claim is asserted until the defendant(s) on the RICO claim(s) have either filed an answer or a motion to dismiss.

Applies to

General

Discovery completely stayed during RICO motion to dismiss.

If the defendant(s) move to dismiss, all discovery is stayed until resolution of the motion.

Applies to

General

FLSA cases: Initial Discovery Protocols replace FRCP 26(a)(1) disclosures, due 30 days after defendant responds.

Initial Discovery Protocols supersede the parties’ obligation to make initial disclosures under FRCP 26(a)(1) for FLSA Claims. This discovery must be provided by both sides within 30 days after the defendant responds to the complaint or files a motion to dismiss, regardless of the pendency of any dispositive motion.

Applies to

Memorandum of law

Cannot circumvent page limits by attaching affidavits/declarations instead of fact section.

Parties shall not attempt to circumvent the above page limits by attaching an affidavit or declaration in lieu of a fully developed statement of the facts in the brief. The fact section of the brief must include all the facts that you will discuss or rely upon for purposes of the motion under consideration.

Applies to

Memorandum of law

Non-compliance with guidelines will result in brief being stricken.

Failure to comply with any of these guidelines will result in the brief’s being stricken.

Applies to

Summary judgment motion

Summary judgment motions: attach only relevant deposition pages, not complete transcripts; tab and index each entry.

On motions for summary judgment, do not attach complete deposition transcripts as exhibits. Attach only pages containing relevant testimony (to which citation is made in the briefs or affidavits). Each entry must be separately tabbed and indexed.

Applies to

Summary judgment motion

Rule 56.1: opposing parties must reproduce moving party's entries and respond beneath each; additional facts numbered sequentially.

When drafting the Statement of Material Facts Pursuant to Local Rule 56.1, opposing parties much reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it. If the opposing party wishes to file their own, additional statements of material fact, it shall begin numbering each entry where the moving party left off.

Applies to

Qualified immunity motion

Must include

certificate of service, local rule certificate

No defendant/third-party affidavits or contradictory evidence allowed in pre-answer qualified immunity motion.

Do not submit affidavits from any of the defendants or third parties; they will be stricken and not considered. Do not submit evidence supporting a view of the facts that is not identical to the plaintiff’s view of the facts; the defendant(s) cannot obtain pre-answer dismissal on the ground of qualified immunity if they are asserting that the plaintiff’s version of the facts is not true.

Applies to

Witness statement

Exhibits must be pre-marked and exchanged separately from witness statements.

Documents to be offered as exhibits shall not be attached to witness statements but shall be pre-marked and exchanged along with other proposed exhibits in the usual fashion.

Applies to

Electronic device order

Must include

letter

Electronic devices require court order; submit template via ECF Letter to Judge McMahon.

The court does not permit cellular telephones, tablets, laptops, or other electronic devices into the courthouse without a court order specifically identifying the permitted device. To obtain such an order, visit the S.D.N.Y. website for a template and then submit it for signature to Chambers by filing a Letter addressed to Judge McMahon on the ECF with the form included as an attachment to the Letter.

Applies to

Pretrial order

Must include

exhibit list

Exhibits not listed in pretrial order are excluded unless for cross-examination or good cause shown.

No exhibit not listed below may be used at trial except (a) for cross-examination purposes or (b) if good cause for its exclusion from the pretrial order is shown.

Applies to

Pretrial order

Must include

witness list

Witnesses not listed in pretrial order are excluded unless good cause shown.

No witness not identified herein shall be permitted to testify on either party's case in chief absent good cause shown.

Applies to

Pretrial order

Must include

objections to exhibits

Objections to exhibits not listed in pretrial order are waived unless good cause shown.

Any objections not set forth herein will be considered waived absent good cause shown.

Applies to

Pretrial order

Must include

objections to exhibits, stipulations with respect to exhibits

Pretrial order must include stipulations and objections regarding exhibit authenticity and admissibility.

The parties shall set forth any stipulations with respect to the authenticity and admissibility of exhibits and indicate all objections to exhibits and the grounds therefor.

Applies to

Pretrial order

Must include

witness list

Witness lists must include page and line numbers for deposition testimony.

Each party shall list the witnesses it intends to call on its case in chief and, if a witness's testimony will be offered by deposition, shall designate by page and line numbers the portions of the

Applies to

Final pretrial order

Must include

local rule certificate

Final Pre-trial Order must be filed 45 days after discovery deadline.

Order and other pre-trial papers required by Jude McMahon’s Individual Rules is forty-five days after the discovery deadline. This rule supercedes any prior order of Judge Casey on this subject.

Applies to

Discovery

Exchange of e-discovery information required before Rule 16 conference

Prior to the scheduled Rule 16 conference date, the parties shall exchange the following information:

Applies to

Discovery

Each party must designate an e-discovery liaison for all e-discovery communications

to promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison").

Applies to

Discovery

E-discovery liaison must be familiar with systems, technical aspects, dispute resolution, and organization

Regardless of whether the e-discovery liaison is an attorney (in-house or outside counsel), a third party consultant, or an employee of the party, he or she must be: a. familiar with the party's electronic systems and capabilities in order to explain these systems and answer relevant questions; b. knowledgeable about the technical aspects of e-discovery, including electronic document storage, organization, and format issues; c. prepared to participate in e-discovery dispute resolutions; and, d. responsible for organizing the party's e-discovery efforts to insure consistency and thoroughness and, generally, to facilitate the e-discovery process.

Applies to

Discovery

Disclosure of search restrictions required within 30 days of deciding to use electronic search

If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose, within 30 days of making such decision, any restrictions as to the scope and the method which might affect their ability to conduct a complete electronic search of the electronic documents.

Applies to

Joint pretrial order

Must include

local rule certificate

Joint Pre-Trial Order must be filed within 45 days of this order if discovery deadline has passed.

If the discovery deadline imposed by Judge Casey’s or the Magistrate Judge’s most recent case management order has passed but you have not filed a Joint Pre-Trial Order, you have forty-five days from the date of this order to file a Joint Pre-Trial Order, along with all other pre-trial papers required by Judge McMahon’s Individual Rules.

Applies to

Joint pretrial order

Joint Pre-Trial Order must include proposed jury instructions or findings of fact and conclusions of law.

Papers to be filed along with the Joint Pre-Trial Order include proposed jury instructions (jury trials) or findings of fact and conclusions of law (bench trials), as well as trial briefs, if necessary.

Applies to

Joint pretrial order

Must include

local rule certificate

Joint Pre-Trial Order must be filed even if summary judgment motion is pending.

YOU MUST FILE THE JOINT PRE-TRIAL ORDER AND RELATED DOCUMENTS, EVEN IF YOU HAVE A MOTION FOR SUMMARY JUDGMENT PENDING OR YOU PLAN TO FILE SUCH A MOTION.

Applies to

Discovery

Parties must agree on search method and terms with e-discovery liaison assistance

The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties' respective systems.

Applies to

All

Pro se litigants must comply with FRCP, SDNY Local Rules, and Judge McMahon’s Individual Rules.

Parties who appear before the Court pro se must comply with the applicable Federal Rules of Civil Procedure, the Southern District of New York’s Local Rules (available at http://nysd.uscourts.gov/courtrules.php), and Judge McMahon’s Individual Rules.

Applies to

Motion for default judgment

Must include

certificate of default

A certificate of default from the Clerk must be obtained per Local Rule 55.1 before moving for default judgment.

Apply for a certificate of default from the Office of the Clerk of the Court in accordance with Local Rule 55.1.

Applies to

Letter

Diversity jurisdiction letters must state incorporation and principal place of business for corporations, and member citizenship for unincorporated entities.

Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, union, trust, business trust, or other unincorporated organization, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.

Applies to

Brief

All memoranda must be page numbered and include a table of contents and table of cases (table of authorities).

All memoranda shall be page numbered, and shall contain both a table of contents and a table of cases.

Applies to

Court submission

Related case submissions must include both new and related docket numbers; consolidated cases should file only in the consolidated docket with that number.

After an action has been accepted as related to a prior filing, all future court submissions 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. 19 Civ. 1234 [rel. 18 Civ. 5678]); if two or more actions have been consolidated for all purposes under a single docket number pursuant to Federal Rule of Civil Procedure 42(a)(2), all future court submissions should be filed only in the docket under which the cases have been consolidated and should reference only that docket number.

Applies to

Court submission

Plaintiffs' counsel in § 1983 suits against NYC, NYPD, or employees must comply with Local Civil Rule 83.10.

Counsel for plaintiffs in suits against the City of New York, the NYPD, or its employees, alleging causes of action under 42 U.S.C. § 1983 must observe Local Civil Rule 83.10, which is available on the Southern District of New York’s website: http://nysd.uscourts.gov/courtrules.php.

Applies to

Paper

Patent case papers must be limited to intrinsic evidence before discovery is allowed.

Judge McMahon first assesses claim construction in patent cases, absent some compelling reason to do otherwise. She requires papers limited to intrinsic evidence before she allows any discovery. Keep that in mind when discussing a proposed schedule.

Applies to

Brief

The fact section of a brief must include all facts to be discussed or relied upon for the motion; a declaration may be used in lieu of a fully developed statement of facts.

declaration in lieu of a fully developed statement of the facts in the brief. The fact section of the brief must include all the facts that you will discuss or rely upon for purposes of the motion under consideration.

Applies to

Notice of motion default judgment

Default judgment notices must contain specific language including a deadline no earlier than 20 days after service.

THE ATTACHED LEGAL PAPERS ARE BEING SERVED ON YOU BECAUSE YOU HAVE FAILED TO APPEAR IN A LAWSUIT BROUGHT AGAINST YOU. IF YOU DO NOT ENTER AN APPEARANCE IN THE LAWSUIT ON OR BEFORE [INSERT DATE NO EARLIER THAN 20 DAYS FROM THE DATE OF SERVICE OF THE NOTICE AND MOTION], THE COURT WILL ENTER A DEFAULT JUDGMENT AGAINST YOU. IF YOU ARE A CORPORATION, YOU CAN ONLY APPEAR THROUGH AN ATTORNEY. IF YOU ARE AN INDIVIDUAL, YOU MAY APPEAR BY AN ATTORNEY OR PRO SE. IN EITHER EVENT, YOU MUST TAKE SOME ACTION OR A JUDGMENT WILL BE ENTERED AGAINST YOU. ENTRY OF A JUDGMENT MAY RESULT IN A LEVY AGAINST YOUR PROPERTY.

Applies to

Deposition testimony

Parties may only submit deposition testimony they rely on and cite in summary judgment motions, applicable to all formats.

On motions for summary judgment, parties may submit only those portions of deposition testimony on which they actually rely and to which they cite in their motion papers. This rule applies to deposition testimony in every format, including written transcripts and audio or video recordings.

Applies to

Discovery material

Deposition recordings or discovery material delivered only to Chambers, not properly filed with Clerk, will not be considered or included in the record.

A deposition recording or other discovery material that is merely delivered to Chambers, but is not properly filed with the Clerk of Court, will not be considered in deciding the motion and is not part of the record.

Applies to

Rule 56 1 statement

Opposing parties must reproduce moving party’s Rule 56.1 entries with responses beneath, and continue numbering for additional statements of material fact.

When drafting the Statement of Material Facts Pursuant to Local Rule 56.1, opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it. If the opposing party wishes to file their own, additional statements of material fact, it shall begin numbering each entry where the moving party left off.

Applies to

Qualified immunity motion

Pre-discovery qualified immunity motions may only admit plaintiff’s allegations as true and argue law was unsettled, not challenge conduct.

Prior to the taking of discovery, the only appropriate basis for a qualified immunity motion is (1) to admit, for purposes of the motion, that the plaintiff’s non-conclusory allegations of fact are true, and (2) to argue that no reasonable officer who did what the plaintiff alleges would have understood that s/he was committing a constitutional tort, because the law on the point has never been settled by the United States Supreme Court.

Applies to

Qualified immunity motion

Pre-answer/pre-discovery qualified immunity motions arguing officer conduct was lawful will be summarily denied.

Therefore, pre-answer/pre-discovery qualified immunity motions that rest on the argument that the officer’s conduct was lawful (because there was probable cause, because the force used was not excessive, etc.) will be summarily denied.

Applies to

Notice of motion

Pre-discovery qualified immunity motions require a bare notice of motion listing all grounds, with no supporting brief until after plaintiff’s deposition.

Defendants who believe they have a basis for moving to dismiss on the ground of qualified immunity prior to any discovery should file a bare notice of motion under qualified immunity at the earliest opportunity. Normally, qualified immunity may be one of several grounds asserted in a pre-answer notice of motion to dismiss. If qualified immunity is raised in a pre-answer motion to dismiss, defendants should simply file a notice of motion listing all grounds on which the motion is being made. Do not file a brief in support of that motion (on any ground) until after completion of the deposition described in the next paragraph.

Applies to

Qualified immunity response

Affidavits from defendants or third parties are prohibited in pre-answer qualified immunity motions, and evidence must align with plaintiff’s version of facts.

Do not submit affidavits from any of the defendants or third parties; they will be stricken and not considered. Do not submit evidence supporting a view of the facts that is not identical to the plaintiff’s view of the facts; the defendant(s) cannot obtain pre-answer dismissal on the ground of qualified immunity if they are asserting that the plaintiff’s version of the facts is not true.

Applies to

Motion for preliminary settlement approval

Motions for preliminary settlement approval with fairness hearing requests must include actual proposed hearing dates instead of a general time frame.

For any motion seeking preliminary approval of a settlement and seeking to schedule a fairness hearing, the parties should include a schedule with proposed dates. In other words, do not simply say, “Fairness hearing to be held ninety (90) days after approval of this order.” Include the actual proposed dates, i.e., “Fairness hearing to be held Monday, July 29, 2019.”

Applies to

Letter motion

Letter motions are prohibited except those allowed by Local Rule 7.1(d) or the Text Only Orders program.

Judge McMahon does not accept letter motions other than those allowed under Local Rule 7.1(d) and “Text Only” motions made pursuant to the Clerk’s “Text Only Orders” program.

Applies to

Stipulation and confidentiality order

Stipulation and Confidentiality Orders must include a specified addendum to be signed by Judge McMahon.

The below addendum must be incorporated before Judge McMahon will sign a Stipulation and Confidentiality Order:

Applies to

Statement of claim elements

Non-jury case parties must file a statement of elements for each claim or defense when the pretrial order is filed.

In non-jury cases: • A statement of the elements of each claim or defense involving such party and • A summary of the facts relied upon to establish each element of each claim.

Applies to

Witness statement

Witness statements for bench trials must be in narrative declaratory form, include all relevant facts including foundation, and need not be sworn/notarized.

For each witness whose direct testimony will be presented in statement form, prepare a statement setting forth in declaratory form all of the facts to which that witness will testify. The facts should be stated in narrative, rather than question and answer, form. The statement must contain all of the relevant facts to which the witness would testify, including facts necessary to establish the foundation for the testimony. The statement need not be sworn or notarized.

Applies to

Letter

Must include

judge name

Letters to Judge McMahon requesting electronic device orders must be addressed to Judge McMahon and include the template form as an attachment.

submit it for signature to Chambers by filing a Letter addressed to Judge McMahon on the ECF with the form included as an attachment to the Letter.

Applies to

Pretrial order

Must include

judge name, case number, certificate of conference

Pretrial orders must certify parties conferred pursuant to FRCP 16 and include sections for nature of case, jury status, stipulated facts, and parties’ contentions.

The parties having conferred among themselves and with the Court pursuant to Federal Rule of Civil Procedure 16, the following statements, directions and agreements are adopted as the Pretrial Order herein. I. NATURE OF THE CASE [Set forth a brief statement of the general nature of the action and the relief sought by each party.] II. JURY/NON-JURY [State whether a jury is claimed, whether there is any dispute as to whether the action should be tried to a jury, and the estimated length of the trial.] III. STIPULATED FACTS [Set forth any stipulated facts.] IV. PARTIES’ CONTENTIONS The pleadings are deemed amended to embrace the following, and only the following, contentions of the parties: Plaintiff’s Contentions (Jury Trial)/Proposed Findings of Fact (Non-Jury Trial)

Applies to

Pretrial order

Pretrial orders must include a complete exhibit list with descriptions for all exhibits intended for case in chief.

[Each side shall list all exhibits it intends to offer on its case in chief. The list shall include a description of each exhibit. All exhibits shall be premarked.]

Applies to

Memorandum of law

All appendices to memoranda of law must be indexed.

All appendices to memoranda of law must be indexed.

Applies to

Amended filing

Must include

redline

Amended filings must include redlines showing changes.

Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing.

Applies to

Motion

Must include

ai disclosure

AI-generated content must be disclosed with a separate declaration.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has and complies with the filer's Rule 11 obligations.

Applies to

Letter motion

Must include

adversary consent status

Requests for relief must include adversary consent status and reasons.

Any request for relief shall be accompanied by a statement as to whether the opposing party consents to the requested relief and, if not, the reasons given by the adversary for refusing to consent.

Applies to

Correspondence

Correspondence between counsel cannot be filed except as exhibits.

Copies of correspondence between counsel shall not be sent to the Court or filed on ECF except as exhibits to an otherwise properly filed document.

Applies to

All

Must include

case number

Related cases must include both docket numbers in all future filings.

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., 22-CV-1234 [rel. 21-CV-4321]).

Applies to

All

Must include

case number

Consolidated cases must file all future papers in the consolidated docket only.

After two or more actions have been consolidated for all purposes under a single docket number pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and correspondence should be filed only in the docket under which the cases have been consolidated.

Applies to

Memorandum of law

Memoranda of 10+ pages require table of contents and table of authorities (excluded from page count).

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.

Applies to

Motion to amend

Must include

redline

Motion to amend pleading must include redline showing differences from operative pleading.

When moving to amend any pleading, the moving party shall file as an attachment to the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Applies to

Motion for summary judgment

Must include

lr 56 1 statement

Moving party must provide Rule 56.1 Statement (max 20 pages) in Word format to all parties.

The moving party 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 (“Rule 56.1 Statement”), limited to 20 pages.

Applies to

Opposition to summary judgment

Must include

lr 56 1 response

Opposing parties must reproduce and respond to each Rule 56.1 entry; additional statements max 20 pages.

Opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it. If the opposing party wishes to file their own, additional statements of material fact, it shall begin numbering each entry where the moving party left off. Such additional statements are limited to 20 pages.

Applies to

Motion for summary judgment

Rule 56.1 Statements must contain only factual statements; legal arguments will not be considered.

A Rule 56.1 Statement may contain only factual statements – any non-factual statements (e.g., legal argument) will not be considered by the Court.

Applies to

Summary judgment motion

Deposition transcripts for summary judgment must be text-searchable and include an index.

Deposition transcripts that are supplied in connection with a summary judgment motion, whether in whole or in part, should be text-searchable and include an index.

Applies to

Motion for default judgment

Must include

clerk certificate, attorney affidavit, operative pleadings +2 more

Default judgment motion requires Clerk’s Certificate, attorney’s affidavit with specific content, proposed judgment, pleadings, and service affidavit.

The motion must be supported by the following papers: If failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; an attorney’s affidavit or declaration setting forth: the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; the procedural history beyond service of the summons and complaint, if any; legal authority for why such service was proper; 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; the proposed damages and the basis for each element of damages, including interest, attorney’s fees and costs; and legal authority for why an inquest into damages would be unnecessary; a proposed default judgment; copies of all the operative pleadings; and a copy of the affidavit of service of the summons and complaint.

Applies to

Joint pretrial order

Must include

motions in limine

Motions in limine must be filed with joint pretrial order, with single memorandum per party

Unless otherwise ordered by the Court, each party shall file and serve with the joint pretrial order: in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Section 4(c) above, in support of all motions in limine filed by that party;

Applies to

Joint pretrial order

Must include

electronic exhibit copies

Electronic copies of exhibits must be submitted with joint pretrial order, hard copies allowed with leave

Unless otherwise ordered by the Court, the parties shall also submit with the joint pretrial order (but not file on ECF): an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number, e.g., "PX-1," "DX-1," etc.). If submission of electronic copies would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. Each hard copy shall be pre-marked (i.e., with an exhibit sticker) and assembled sequentially;

Applies to

Joint pretrial order

Must include

joint requests to charge, joint proposed verdict forms, joint proposed voir dire questions

Joint requests to charge, verdict forms, and voir dire questions required for jury trials

Unless otherwise ordered by the Court, in all jury trials, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order, with any differing proposals displayed side-by-side or sequentially and supported by authority or other justification.

Applies to

Joint pretrial order

Must include

affidavits for direct testimony

Affidavits for direct testimony required for non-jury trials, with exceptions

Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email and serve on opposing counsel, but not file on ECF, the following: 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.

Applies to

All

Must include

notice of electronic filing

All documents must be filed electronically via ECF.

Electronic Case Filing (“ECF”). In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except for as otherwise expressly provided, all documents filed with the Court must be filed electronically.

Applies to

All

Must include

ai disclosure

AI-generated content requires disclosure and certification.

Use of Generative Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

Applies to

Change of address

Must include

judge name, case number

Pro se parties must maintain current address on docket and file change of address forms.

Pro se parties are required to maintain their current mailing address on the docket at all times and must notify the Court of any change of address by filing a change of address form with the Pro Se Office.

Applies to

Any filed document

Must include

affidavit of service

Counsel must serve paper copies to pro se parties and file Affidavit of Service

Absent a pro se party consenting to receipt of electronic 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. Submissions filed without proof of service that the pro se party was served will not be considered.

Applies to

Opposition

Opposition papers due within 30 days; reply papers due within 2 weeks

Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Applies to

Motion to dismiss

Must include

notice to pro se party

Motions to dismiss, judgment on pleadings, or summary judgment require notice to pro se parties

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.

Applies to

Pretrial statement

Pro se plaintiffs must file Pretrial Statement within 30 days of discovery completion or summary judgment ruling.

Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement.

Applies to

Pretrial statement

Pretrial Statement must include facts to prove, evidence list, and witness list.

This Statement must contain the following: i. a statement of the facts the plaintiff hopes to prove at trial; ii. a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and iii. a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial.

Applies to

Pretrial statement

Pro se plaintiffs must file original Pretrial Statement with Pro Se Office.

If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office.

Applies to

Pretrial statement

Must include

certificate of service

Defendant must file and serve Pretrial Statement within 2 weeks of plaintiff's service.

Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.

Applies to

Pretrial statement

For bench trials, counsel must file proposed findings of fact and conclusions of law with Pretrial 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.

Applies to

Pretrial statement

For jury trials, counsel must file proposed voir dire, jury charge, and verdict form with Pretrial 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.

Applies to

Motion

Must include

ai disclosure

AI-generated content in filings requires separate disclosure declaration with accuracy certification.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate.

Applies to

Letter motion

Must include

original date, adversary position, proposed new dates +4 more

Letter-motions for adjournments must include specific required elements

The letter-motion must state: (1) the original date and the new date requested; (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.

Applies to

Discovery motion

Must include

lr 16 1 affidavit

Discovery motions require Rule 16.1 affidavit

In making discovery motions, counsel must comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

Applies to

Bail modification

Must include

consent indication

Bail modification requests filed as letter-motions on ECF with consent indication

Any 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.

Applies to

Bail appeal

Must include

transcript of argument, pretrial services report, written submissions below +1 more

Appellant must provide bail-related documents and written submission to Court at least 2 business days before conference

The party that brings the appeal is directed to provide the Court no less than two business days 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, and a written submission in support of the appeal, which shall also be filed on ECF.

Applies to

Bail appeal response

Must include

written submission

Responding party must file written submission on ECF at least 1 business day before conference

The responding party shall file on ECF a written submission no less than one business day before the conference.

Applies to

Plea agreement

Must include

plea agreement, pimentel letter, cooperation agreement

Government must email plea-related documents to Chambers no later than 3 business days before plea

The Government shall provide a copy of the plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be emailed to Chambers as soon as practicable and no later than three business days before the scheduled plea.

Applies to

Guilty plea

Must include

narrative allocution, incorporates all offense elements

Defendant must be prepared to give narrative allocution incorporating all offense elements before guilty plea

The defendant should also be prepared in advance of a guilty plea to give a narrative allocution that incorporates all of the elements of that offense(s) to which the defendant is pleading guilty.

Applies to

Guilty plea

Must include

determine detention requirements, prepare defendant for possible detention

Defense counsel must determine detention requirements under 18 U.S.C. § 3143(a)(2) and prepare defendant for possible detention after plea

The Court further expects that defense counsel will have determined whether detention of the defendant is required under 18 U.S.C. § 3143(a)(2) upon the entry of a guilty plea, subject to the limited exception provided in 18 U.S.C. § 3145(c) for cases in which it is clearly shown that there are exceptional reasons why detention would not be appropriate, and to prepare the defendant for the possibility of detention commencing at the end of the plea proceeding.

Applies to

Sentencing submission

Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be served one week in advance of the date set for sentencing.

Applies to

Sentencing submission

Must include

letter if not filing substantive submission

Parties not filing substantive sentencing submission must file letter stating so

If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect.

Applies to

Sentencing submission

All sentencing submission documents must be filed on ECF unless sealed or redacted

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.

Applies to

Sentencing submission

Letters in sentencing submissions must be grouped and filed as attachments to single SENTENCING SUBMISSION document

Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated.

Applies to

Sentencing submission

Defendant must file all defendant's letters; Government must file all victim letters

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.

Applies to

Exhibit list

Must include

exhibit list

Parties must complete first four columns of exhibit list, leave last two blank for Court.

The parties shall complete the first four columns, but leave the fifth and sixth columns blank, to be filled in by the Court during trial.

Applies to

Exhibit list

Must include

certificate of service

Objections to exhibits (except authenticity/foundation) must be raised before session opens.

The parties should raise any objections to an exhibit, other than authenticity or foundation, before the opening of the session.

Applies to

Exhibit list

Must include

certificate of service

Objections must specify Federal Rule of Evidence and authority in exhibit list.

If a party objects to an exhibit, the objection should be noted in the third and/or fourth columns by indicating the Federal Rule of Evidence that is the basis for the objection and any other authority.

Applies to

Exhibit list

Must include

certificate of service

Unraised objections are waived; unobjected exhibits are deemed admissible.

Any objections not made shall be deemed waived and any exhibits not objected to shall be deemed admissible at trial.

Applies to

Exhibit

Must include

exhibit list

Electronic copies of exhibits must be provided to Court in advance with filenames matching exhibit numbers.

electronic copies of any document sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.) should be provided to the Court in advance of the proceeding.

Applies to

Exhibit

Must include

exhibit list

Hard copy exhibits require sufficient copies for witnesses, counsel, jurors, court reporter, interpreters, and Court.

Where a hard copy exhibit is used, sufficient copies should be made, as appropriate, for witnesses, opposing counsel, jurors, the court reporter, any interpreters, and the Court.

Applies to

Exhibit

Must include

exhibit list

Separate hard copy for each juror required if not using Court's AV system.

If counsel intends to publish hard copies of documentary exhibits to the jury rather than using the Court’s audio-visual system, a separate copy should be provided for each juror to avoid unnecessary delay.

Applies to

Exhibit

Must include

exhibit list

Exhibits must be shown to opposing counsel when offered unless pre-marked.

Any exhibit offered in evidence should, at the time it is offered, be shown to opposing counsel unless it was provided, pre-marked, to counsel before the proceeding.

Applies to

Exhibit

Must include

exhibit list

Speaking objections before jury are prohibited; state only “objection” and provide basis.

Counsel should not make speaking objections before the jury. In making objections before the jury, counsel should state “objection” only and provide the

Applies to

Exhibit

Must include

exhibit list

Motions (e.g., mistrial) should not be made in jury's presence; raise at next recess.

Counsel should not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at the next recess.

Applies to

Exhibit

Must include

exhibit list

Stipulation offers/requests should be made privately and reduced to writing.

Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. In most instances, stipulations should be reduced to writing in a form that can be marked and admitted at trial.

Applies to

Jury instructions

Must include

exhibit list

Jury instructions must be in plain language understandable to non-lawyers.

All instructions to the jury will be in plain language that is as understandable as possible to non-lawyers.

Applies to

Jury instructions

Must include

exhibit list

Court gives preliminary instructions before opening statements.

The Court will give preliminary instructions on the law at the beginning of the trial before the parties’ opening statements.

Applies to

Jury instructions

Must include

exhibit list

Court gives final instructions after evidence presentation but before closing statements.

The Court will give final instructions on the law at the end of the presentation of evidence before the parties’ closing statements.

Applies to

Jury instructions

Must include

exhibit list

Court will instruct jury that final instructions control deliberations.

The Court will communicate clearly to the jury that the instructions given at the end of the trial will control deliberations.

Applies to

Jury instructions

Must include

exhibit list

Each juror receives written copy of final instructions for use during instruction and deliberations.

Each juror will be provided with a written copy of the final instructions for use while the jury is being instructed and during deliberations.

Applies to

Trial procedures

Attorneys must stand when jury enters or exits courtroom.

Stand when the jury enters or exits the courtroom.

Applies to

Trial procedures

Attorneys must stand at lectern when examining witnesses, with limited exceptions.

Stand at the lectern while examining any witness; except that counsel may, with the Court’s permission, approach the Courtroom Deputy’s desk or the witness for purposes of handling or tendering exhibits.

Applies to

Trial procedures

Attorneys must address all remarks to the Court, not opposing counsel.

Address all remarks to the Court, not to opposing counsel.

Applies to

Trial procedures

Attorneys must be respectful of opposing counsel, litigants, and witnesses.

Be respectful of opposing counsel, the litigants, and witnesses.

Applies to

Trial procedures

Attorneys must refer to all persons by surname, not first name.

Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.

Applies to

Trial procedures

Only one attorney per party may examine/cross-examine each witness.

Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. The attorney who conducts direct examination shall be the attorney who states any objections during cross-examination.

Applies to

Trial procedures

Cross-examination must begin without preliminaries.

Commence cross-examination without preliminaries.

Applies to

Trial procedures

Counsel must not repeat or echo witness answers during examination.

In examining a witness, counsel shall not repeat or echo the answer given by the witness.

Applies to

Trial procedures

Counsel must not face jurors when questioning witnesses or express personal opinions to jury.

Counsel should not face or otherwise appear to address him or herself to jurors when questioning a witness. In opening statements and arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue.

Applies to

Post trial procedures

Counsel must promptly address transcript accuracy issues for appeal, with specific procedures for material vs. non-material errors.

Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling, or punctuation should be ignored.

Applies to

Diversity jurisdiction letter

Must include

judge name, case number

In diversity jurisdiction cases, file 2-page letter explaining diversity basis before Initial Pretrial Conference.

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

Applies to

Diversity jurisdiction letter

Must include

judge name, case number

Diversity letters must include citizenship details for corporations and entities.

Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.

Applies to

Joint pretrial order

Must include

requests to charge, proposed voir dire questions

In jury cases, file requests to charge and proposed voir dire questions with joint pretrial order.

In jury cases, requests to charge and proposed voir dire questions;

Applies to

Joint pretrial order

Must include

proposed findings of fact, proposed conclusions of law

In non-jury cases, file detailed proposed findings of fact and conclusions of law with joint pretrial order.

In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

Applies to

Joint pretrial order

Must include

motions in limine

File motions in limine addressing evidentiary issues with joint pretrial order.

Each party shall file and serve with the joint pretrial order: In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine;

Applies to

Motion

Must include

notice of electronic filing

Default judgment motions must be filed on ECF, not by order to show cause.

File a Motion for Default Judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(c). A plaintiff seeking a default judgment should not proceed by order to show cause.

Applies to

Proposed judgment

Must include

clerk approval

Proposed judgments must be clerk-approved before default judgment hearing.

Prior to the return date, take the proposed judgment, separately backed, to the Orders and Judgments Clerk (500 Pearl Street, Room 200) for the Clerk’s approval.

Applies to

Discovery motion

Must include

local rule certificate

Discovery motions must comply with Local Criminal Rule 16.1 and include Rule 16.1 affidavit.

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.

Applies to

Ecf registration

Must include

notice of electronic filing

Counsel must register for ECF within one week of initial pretrial conference.

Counsel are required to register in accordance with the Procedures for Electronic Case Filing within one week following the initial pretrial conference.

Applies to

Sentencing submission

Must include

notice of electronic filing

Sentencing submissions must be filed on ECF; letters grouped as attachments to sentencing memorandum; defendant files defense letters, government files victim letters.

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. Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. 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.

Applies to

Proposed order

Must include

notice of electronic filing

Proposed orders, judgments, and stipulations must be filed on ECF.

All proposed orders, judgments and stipulations requiring the Court’s signature, must be filed electronically on the court’s ECF system.

Applies to

Motion

Sur-reply memoranda are prohibited without prior permission.

Unless prior permission has been granted, sur-reply memoranda will not be accepted.

Applies to

Summary judgment motion

Must include

lr 56 1

Non-pro se parties must exchange Rule 56.1 statements for summary judgment motions.

Except for pro se litigants, the moving party shall provide all other parties with an electronic copy of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1. Opposing parties must reproduce each entry in the moving party's Rule 56.1 Statement, and set out the opposing party's response directly beneath it.

Applies to

Joint pretrial statement

Must include

caption, judge name, case number

Joint pretrial statement must include FRCP 26(a)(3) requirements plus additional specified information.

The joint pretrial statement shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following:

Applies to

Proposed order

Must include

proposed order

Proposed orders, judgments, and stipulations requiring signature must be filed on ECF.

All proposed orders, judgments and stipulations requiring the Court's signature, must be filed electronically on the court's ECF system.

Applies to

Letter motion

Must include

proposed order

If adjournment/extension affects other dates, a proposed Revised Scheduling Order must be attached.

If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

Applies to

Brief

Memoranda of 10+ pages must include table of contents.

Memoranda of 10 pages or more shall contain a table of contents.

Applies to

Sur reply

Sur-reply memoranda are not accepted without prior permission.

Unless prior permission has been granted, sur-reply memoranda will not be accepted.

Applies to

Motion

Moving party must provide electronic copy of Rule 56.1 Statement to other parties (except pro se).

Except for pro se litigants, the moving party shall provide all other parties with an electronic copy of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1.

Applies to

Pretrial order

Must include

caption

Joint pretrial statements must include full caption and complete trial counsel contact information.

The joint pretrial statement shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following: i. The full caption of the action. ii. The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel.

Applies to

Pretrial order

Joint pretrial statements must include statements on subject matter jurisdiction with statute citations and jurisdictional facts.

and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.

Applies to

Pretrial order

Joint pretrial statements must summarize remaining claims/defenses with statute citations and identify claims no longer being tried.

A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. The parties shall also identify all claims and defenses previously asserted that are not to be tried.

Applies to

Pretrial order

Joint pretrial statements must include jury demand status and estimated trial length.

A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

Applies to

Pretrial order

Joint pretrial statements must indicate whether all parties consented to magistrate judge trial.

A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

Applies to

Pretrial order

Joint pretrial statements must include any stipulations or agreed statements.

Any stipulations or agreed statements of fact or law.

Applies to

Pretrial order

Joint pretrial statements must list expected witnesses with descriptions and objection status.

A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness's role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness.

Applies to

Pretrial order

Joint pretrial statements must designate deposition testimony with cross-designations and objections.

A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.

Applies to

Pretrial order

Joint pretrial statements must list exhibits with star notation for objections.

A list by each party of exhibits to be offered in its case in chief, with one star indicating exhibits to which no party objects on grounds of authenticity, and two stars indicating exhibits to which no party objects on any ground.

Applies to

Pretrial order

Joint pretrial statements must itemize damages sought with calculation methodology.

A statement of the relief sought, including damages claimed, itemizing each component or element of the damages sought with respect to each claim, and including the manner and method used to calculate the claimed damages.

Applies to

Pretrial order

Joint pretrial statements must include whether parties consent to non-unanimous verdict.

A statement as to whether the parties consent to a less than unanimous verdict.

Applies to

Jury instructions

Each proposed jury instruction must include a citation to its source authority.

Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.

Applies to

Sentencing memorandum

Must include

caption, case number

Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before.

A defendant's sentencing submission shall be served two weeks in advance of the date set for sentence. The Government's sentencing submission shall be served one week in advance of the date set for sentence.

Applies to

Sentencing memorandum

Must include

caption, case number

Sentencing letters must be grouped under a cover marked SENTENCING MEMORANDUM with caption and docket number.

A party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated

Applies to

Sentencing memorandum

Must include

caption, case number

ECF filing requires grouping letters as attachments to a single SENTENCING MEMORANDUM with caption and docket number.

A party shall group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Applies to

All

Must include

affidavit of service

Filings without proof of service will be rejected.

Submissions filed without such proof of service will not be considered.

Applies to

Correspondence

Correspondence between counsel should not be filed on ECF or sent to the Court.

Copies of correspondence between counsel must not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

Applies to

Proposed order

Must include

notice of electronic filing

Proposed orders and stipulations must be filed on ECF; no courtesy copies to Chambers.

In accordance with Rules 13.18 and 13.19 of the SDNY ECF Rules and Instructions, parties should file substantially all proposed orders and stipulations on ECF. Courtesy copies should not be sent to Chambers.

Applies to

Mediation preparation

Parties must provide specific documents within 4 weeks to facilitate mediation.

IT IS FURTHER ORDERED that to facilitate mediation the parties shall, within four weeks of this Order, confer and provide the following:

Applies to

Settlement

Must include

caption, judge name, case number

Settlement requires joint statement explaining basis and fairness, presented to assigned judge.

IT IS FURTHER ORDERED that in the event the parties reach settlement, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), they shall prepare a joint statement explaining the basis for the proposed settlement, including any provision for attorney fees, and why it should be approved as fair and reasonable. The settlement agreement and joint statement shall be presented to the assigned District Judge, or to the assigned Magistrate Judge should the parties consent to proceed for all purposes before the assigned Magistrate Judge (the appropriate form for which is available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf).

Applies to

Letter

Must include

adversary position

Requests in correspondence must indicate whether the adversary consents.

In all correspondence involving a request, the requesting party must indicate whether the adversary consents to the request.

Applies to

All

Must include

case number

Related cases must include both docket numbers in all future court papers and correspondence.

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.

Applies to

Conference

Must include

principal trial counsel appearance

Principal trial counsel must attend all conferences with the Court.

The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Applies to

Appearance sheet

Must include

template use, joint submission, timely submission

Parties must email appearance sheet by 2:00 p.m. the day before any conference.

No later than 2:00 p.m. the day before any scheduled conference with the Court, the parties are directed to jointly email to the Court an appearance sheet, using the template available on the Court’s website.

Applies to

Case management conference

Must include

timely scheduling

Initial case management conference scheduled within 3 months of filing.

The Court will generally schedule a Federal Rule of Civil Procedure 16(c) conference within three months of the filing of the complaint or notice of removal.

Applies to

Memorandum of law

Memoranda of 10+ pages require TOC and TOA.

Memoranda of 10 pages or more must contain a table of contents and a table of authorities.

Applies to

Objection to magistrate

Objection briefs of 10+ pages require TOC and TOA.

Briefs of 10 pages or more must contain a table of contents and a table of authorities.

Applies to

Media file

Must include

transcript

Video/audio media files require simultaneous transcript filing.

Any party that submits a video or audio media file to the Court must simultaneously file a transcript of the content of the video or audio file.

Applies to

Documentary exhibits

Must include

electronic copy

Electronic copies of documentary exhibits required for trial.

Each party must also submit to the Court electronic copies of each of the exhibits. The electronic copies may be submitted on a thumb drive or may be downloaded directly to a website maintained by the Court.

Applies to

Deposition designation table

Deposition designation table must be submitted via email as Excel spreadsheet.

If any party offers deposition designations, the parties are directed to submit to the Court by email (WoodsNYSDChambers@nysd.uscourts.gov) a native Excel spreadsheet

Applies to

Pretrial memorandum of law