Southern District of New York Electronic Filing Rules

CRITICALCivil cases

Applies to

Letter motion

Discovery dispute letter-motions must be filed on ECF.

the party seeking discovery may file on ECF a letter-motion, no longer than three pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting an informal conference.

CRITICALCivil cases

iv. Submission by Email. Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

iv. Submission by Email. Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

CRITICALCivil cases

Applies to

TRO application

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.

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.

CRITICALCivil cases

Counsel must register promptly as ECF filers and enter an appearance in the case.

In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case.

CRITICALCivil cases

Applies to

Exhibit

Electronic copies of exhibits must be submitted with the joint pretrial order but not filed on ECF, with filenames matching exhibit numbers.

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.).

CRITICALCivil cases

Counsel must update ECF contact information when changed and check docket regularly even without ECF notifications.

Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity.

CRITICALCivil cases

Applies to

TRO application

Ex parte TRO applications may be emailed to Chambers if ECF is not viable.

If the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

CRITICALCivil cases

Applies to

Affidavit

Non-jury parties must submit affidavits of direct trial witness testimony to the court by email, serve on opposing counsel, not file on ECF, with exceptions for certain witnesses.

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: i. copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.

CRITICALCivil cases

Applies to

Letter motion

Parties must file joint letter with proposed Case Management Plan as exhibit on ECF as letter motion, using court form, by Thursday prior week to conference.

In most cases, the Notice will direct the parties to submit on ECF a joint letter as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the conference date. This must be filed on ECF as a letter motion- not a standard letter. The parties shall use the form Proposed Case Management Plan and Scheduling Order available at the Court’s website.

CRITICALCivil cases

Applies to

Joint pretrial order

Joint pretrial order must be filed on ECF as 'Joint Pretrial Statement' at least 14 days before final pretrial conference, emailed to Court, and include specified sections.

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, 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; iv. a brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted that are not to be tried. The summaries should not recite any evidentiary matter; v. a statement as to the number of trial days needed and whether the case is to be tried with or without a jury; vi. a joint statement summarizing the nature of the case, to be read to potential jurors during jury selection; vii. a list of people, places, and institutions that are likely to be mentioned during the trial, to be read to potential jurors during jury selection; viii. a statement as to whether all parties have consented to trial by a Magistrate Judge, without identifying which parties do or do not consent; ix. any stipulations or agreed statements of fact or law to which all parties consent. In a jury case, the parties should memorialize any such stipulations or agreed statements of fact or law in a standalone document that can be marked and admitted at trial;

CRITICALCivil cases

Applies to

Default judgment motion

Default judgment motions must be filed on ECF and not via order to show cause.

A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

CRITICALCivil cases

Applies to

Letter

Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF.

Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF.

CRITICALCivil cases

Applies to

Letter motion

Adjournment/extension requests must be filed on ECF as letter-motions.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders.

CRITICALCivil cases

Applies to

Notice of appearance

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

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

CRITICAL

Applies to

Motion or letter motion and subject documents

Motions or letter motions seeking approval for sealed or redacted filings, along with the subject documents and proposed sealed documents, must be filed electronically through ECF in accordance with the cited rules.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject document(s), including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.

CRITICAL

Applies to

Letter

Letters solely between parties or counsel, or otherwise not addressed to the Court, may not be filed on ECF or sent to the Court.

Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court.

CRITICAL

Applies to

Letter

Letters generally must be filed on ECF and accompanied by an emailed courtesy copy, except for letters requested to be sealed, containing sensitive or confidential information, or filed by a party without ECF access.

Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information or the party does not have access to the Electronic Case Filing (ECF) system, letters must be filed electronically on the ECF system (with a courtesy copy emailed to the chambers email address, chambersnysdseibel@nysd.uscourts.gov, as described below).

CRITICAL

Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be emailed to ProSe@nysd.uscourts.gov or delivered or mailed to:

Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be emailed to ProSe@nysd.uscourts.gov or delivered or mailed to:

CRITICAL

A party unable to file under seal electronically, or believing a document should not be filed electronically, must seek leave to file it on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file on paper.

CRITICAL

TRO and other emergency-relief applicants must hand-deliver hard-copy motion papers to the Clerk and email the Court text-searchable PDFs.

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.

CRITICAL

Applies to

Proposed order

The proposed Order to Show Cause, supporting affidavit or declaration, and proposed default judgment must be electronically filed using the specified ECF events, with the affidavit or declaration and default judgment filed as separate events.

3. Electronically file the proposed Order to Show Cause using the filing event PROPOSED ORDERS and the document PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Electronically file the following documents as separate ECF Filing Events: 1) the attorney’s AFFIDAVIT or DECLARATION in Support; and 2) the PROPOSED DEFAULT JUDGMENT using the Filing Event found under PROPOSED ORDERS.

CRITICAL

Applies to

Motion

Unlisted motions must be filed via ECF with memorandum of law; listed Text Only motions may not be submitted via mail or fax.

Requests for relief not listed here still must be made in writing through ECF and may not be made by letter motion. Instead, requests for relief not listed here should be filed through a motion accompanied by a memorandum of law, together with any other submissions required by the Federal Rules of Civil Procedure or Local Rules (e.g., a Local Rule 56.1 Statement in summary judgment motion practice). The “Text Only Orders” program and amendment simply clarifies that some motions that previously could be made via U.S. Mail or Fax may no longer be submitted using those methods.

CRITICAL

Parties must obtain leave to submit audio, video, or unfilable materials to Chambers, and may not use CD-ROM, thumb drive, or electronic transmission unless authorized.

Audio and video files may not be submitted directly to Chambers merely because they cannot be filed electronically. A party that wishes the Court to consider an audio or video file, or any other material that cannot be filed through ECF, must first seek and obtain leave to file the material in the traditional manner in accordance with the Southern District of New York’s Electronic Case Filing Rules and Instructions. Any application for leave must identify the material, explain why it is relevant to the relief requested, and specify the portions on which the party relies. If leave is granted, the party shall deliver the material in the form directed by the Court. Do not send documents, recordings, or other materials on a CD-ROM, thumb drive, or by electronic transmission unless the Court has specifically authorized that method of submission.

CRITICAL

Applies to

Motion papers

Only the Notice of Motion may be docketed as 'Motion' in ECF; supporting documents must be docketed under their actual type.

Do not docket anything except the actual Notice of Motion as a “Motion.” In all ECF cases, supporting documents should be docketed as what they are (i.e., “Brief,” “Memorandum,” “Affidavit”) – not as a “Motion.”

CRITICAL

Applies to

Letter

Letters to Judge McMahon requesting court orders for electronic devices must be filed electronically via ECF with the template form attached, applicable to all parties.

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. This rule applies to attorneys as well as non-attorneys.

CRITICAL

Pro se litigants must submit all hard-copy filings to the 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

CRITICAL

Certain motion types must be filed electronically on ECF; fax and U.S. Mail submissions are prohibited.

Pursuant to the “Text Only Orders” program, the following types of requests must be made by motion filed on ECF. Requests made via fax or U.S. Mail will not be accepted. The types of request subject to this requirement are: • Motion to Appoint Process Server • Motion to Request an Adjournment of a Scheduled Conference/Hearing • Motion to Enforce Judgment • Motion for a Hearing • Motion for Judgment Debtor Examination • Motion to Appeal In Forma Pauperis • Motion to Serve Process • Motion to Set Aside Default

CRITICAL

Counsel for all parties must register as filing users under the SDNY ECF Rules and Instructions.

A. Counsel for all parties are required to register as filing users in accordance with the SDNY ECF Rules and Instructions.¹

CRITICAL

Applies to

Motion papers

Motion papers must be filed on ECF promptly after service.

Motion papers shall be filed on ECF promptly after service.

CRITICAL

Applies to

Sentencing submission

Sentencing submissions must be filed on ECF, except when a request is made to file a document under seal or in redacted form.

All sentencing submissions shall be filed on ECF, unless there is a request to file a document under seal or in redacted form.

CRITICAL

A party unable to file under seal electronically, or believing a document should not be filed electronically, must seek court leave to file it on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, must move for leave of the Court to file in the traditional manner, on paper.

CRITICALCriminal cases

Applies to

Victim letters

The Government is responsible for filing all victim letters.

The Government is responsible for filing all letters from victims.

CRITICALCriminal cases

Applies to

Sentencing submission

Every document in a sentencing submission, including letters, is expected to be filed publicly in paper or through ECF using one of the specified procedures.

The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record either in paper form or through the ECF system, using one of the following two procedures:

CRITICALCriminal cases

Applies to

Defendant letters

The defendant is responsible for filing all letters submitted on the defendant’s behalf, including letters from friends and relatives.

The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives.

CRITICALCriminal cases

Counsel must register for ECF promptly after being retained or assigned.

Counsel are required to register for Electronic Case Filing (ECF) promptly after being retained or assigned.

CRITICALCivil cases

Applies to

Operative complaint

Plaintiffs must ensure that a copy of the operative complaint is posted electronically to the ECF docket.

Plaintiffs shall ensure that a copy of the operative complaint is posted electronically to the docket on the ECF system.

CRITICALCivil cases

Applies to

Letter motion

A party seeking leave to file a document under seal must electronically file a letter motion on ECF.

The party shall electronically file a letter motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.

CRITICALCivil cases

Applies to

Notice of appearance

All counsel must promptly file a notice of appearance on ECF after removal.

Counsel for all parties must file on ECF a notice of appearance in this Court promptly upon removal.

CRITICALCivil cases

Applies to

Joint pretrial order

Unless the Court specifies otherwise, the parties must file a joint pretrial order on ECF within 30 days after discovery closes, or, if a dispositive motion is filed, within 30 days after the Court decides that motion.

Unless otherwise specified by the Court, within thirty (30) days after the close of discovery or if any dispositive motion is filed, within thirty (30) days from the Court’s decision on such motion, the parties shall file on ECF a joint pretrial order.

CRITICALCivil cases

Applies to

Highlighted deposition transcripts

Highlighted deposition transcripts must not be filed on ECF.

The highlighted deposition transcripts should not be filed on ECF.

CRITICALCivil cases

Applies to

Letter motion

Adjournment and extension requests must be written and filed on ECF as letter-motions, not ordinary letters.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters.

CRITICALCivil cases

Applies to

Letter motion

A request to stay discovery must be made in writing and filed on ECF as a letter-motion, not an ordinary letter.

If a party nonetheless seeks a stay of discovery, such request must be made in writing and filed on ECF as a letter-motion, not an ordinary letter.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders to show cause, temporary restraining orders, stipulations, consent orders, and proposed judgments are to be filed electronically on ECF under the applicable instructions.

Proposed orders to show cause, temporary restraining orders, stipulations, consent orders and proposed judgments are to be filed electronically on ECF as explained in the SDNY Electronic Case Filing Rules and Instructions.

CRITICALCivil cases

Applies to

Letter motion

A party seeking leave to file a redacted document must file a letter motion on ECF.

Where a party seeks leave to file a document in redacted form, the party shall file a letter motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.

CRITICALCivil cases

Applies to

Court document

Unless otherwise expressly provided, all documents filed with the Court must be filed electronically.

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

CRITICALCivil cases

Applies to

Joint settlement letter

As soon as the parties reach a settlement in principle, they must file a joint letter through ECF notifying the Court.

As soon as the parties reach an agreement to settle in principle, the parties must file a joint letter via ECF notifying the Court.

CRITICALCivil cases

Applies to

Letter motion

A party unable to e-file under seal or seeking not to e-file a document must request leave to file differently by email letter-motion.

Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner.

CRITICALCivil cases

Applies to

Proposed protective order

The proposed protective order must be filed on ECF in accordance with Rule 13.18 of the SDNY ECF Rules and Instructions.

The proposed protective order must be filed on ECF in accordance with Rule 13.18 of the SDNY ECF Rules and Instructions.

CRITICALCivil cases

Applies to

Sealed document

The proposed sealed document must be filed separately and contemporaneously under seal on ECF, with the appropriate restriction level, and electronically related to the motion or prior court order granting leave.

The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal).

CRITICALCivil cases

Applies to

Motion

A default-judgment motion must be filed on ECF only after the Clerk’s Certificate of Default has been obtained.

Only after obtaining a Clerk’s Certificate of Default should the party proceed to file a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2.