Southern District of New York Electronic Filing Rules

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

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

Letters to the Court must be filed electronically on ECF unless otherwise provided.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Discovery dispute letter-motions must be filed on ECF.

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

Parties must file all proposed stipulations and orders on ECF using appropriate ECF filing event per SDNY rules.

Source text: In accordance with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, parties should file on ECF all proposed stipulations and orders that they wish the Court to sign, using the appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17–19 & App’x A.

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

Source text: 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.

Noticed TRO applications must be filed on ECF and Chambers emailed after filing.

Source text: 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.

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.

Source text: 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;

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

Source text: 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.).

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.

Source text: 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.

Parties unable to e-file sealed documents via ECF may submit letter-motions by email as text-searchable PDF with required subject line and no substantive email body.

Source text: 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.

Pro se litigants must submit all hard-copy filings to the Pro Se Intake Unit, not to Chambers.

Source text: 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

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.

Source text: 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.

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

Source text: 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.”

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

Source text: 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

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

Source text: 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.

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.

Source text: 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.

Letters to the Court must be filed electronically via the ECF system.

Source text: Letters must be filed electronically on ECF.

Counsel must update ECF contact info and monitor docket activity regardless of ECF notifications.

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

Letter-motions must be filed via ECF if compliant with local rules; all adjournment, extension, and pre-motion conference requests must be filed as letter-motions.

Source text: M. Letter-Motions. Letter-motions must be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter-motions.

TRO motions, supporting documents, and proposed orders must be filed on ECF per ECF Rule 18.2.

Source text: The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with the procedures found in ECF Rule 18.2.

Default judgments must be filed as motions on ECF per FRCP 55(b)(2) and Local Rule 55.2(b); order to show cause is prohibited.

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

Motions for sealed or redacted filings must be electronically filed via the court’s ECF system per applicable rules and orders.

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

Attorneys for DOJ or Federal Defenders of NY must request e-filing privileges via PACER.

Source text: Those attorneys must request electronic filing privileges through the PACER website.

Counsel must e-file via ECF per court instructions, except when exempted by court order or Fed. R. Civ. P. 5.

Source text: Counsel must serve and file papers by following the instructions regarding ECF published on the website of each respective court, unless exempted from electronic filing by court order or Fed. R. Civ. P. 5.

Highly Sensitive Documents must be filed in hard copy per district orders.

Source text: Highly Sensitive Documents (HSDs) must be filed in hard copyhardcopy, in accordance with the order issued by each district governing those documents.

Unless exempt, all filing and service must be completed via the ECF electronic system.

Source text: (c) Unless otherwise exempt, filing and service must be accomplished via ECF.

Informational letters not requesting relief must be filed using the ECF Filing Event LETTER under OTHER DOCUMENTS.

Source text: Letters that are informational in nature, such as, for example, status reports regarding mediation or settlement, and that do not request relief should be filed using the ECF Filing Event LETTER listed under OTHER DOCUMENTS.

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

Source text: Except as otherwise provided below, communications with the Court shall be by letter, which shall be filed electronically on ECF. (See SDNY Electronic Case Filing Rules & Instructions, Section 13.1.)

Letters between parties or counsel not addressed to the Court may not be filed on ECF or sent to the Court, except as exhibits to a properly filed document.

Source text: Letters between or among parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document).

Letter-motions must be filed electronically via ECF using the MOTION filing event and labeled as LETTER-MOTION.

Source text: A letter-motion must be filed via ECF, and identified as a “LETTER-MOTION” using the ECF Filing Event “MOTION,” in compliance with the Local Civil Rules and the SDNY Electronic Case Filing Rules & Instructions, Section 13.1.

Certain documents are prohibited from electronic filing per SDNY e-filing rules sections 6.15, 6.16, and 18.

Source text: Certain documents may not be electronically filed. See SDNY Electronic Case Filing Rules & Instructions, Sections 6.15, 6.16, and 18.

Motions to seal or redact must be filed electronically via the Court’s ECF system per applicable rules.

Source text: Motions or letter-motions for approval of sealed or redacted filings, and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Court’s standing order, 19-mc-00583, and SDNY Electronic Case Filing Rules & Instructions, Section 6.

Parties unable to e-file sealed documents via ECF or believing a document should not be e-filed must move for leave to file on paper.

Source text: 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 in the traditional manner, on paper.

Proposed Order to Show Cause Without Emergency Relief must be electronically filed via ECF using the Filing Event under PROPOSED ORDERS.

Source text: Electronically file the proposed Order to Show Cause Without Emergency Relief using the ECF Filing Event found under PROPOSED ORDERS.

Default judgment supporting documents (affidavit/declaration per LCVR 55.2(a)(1), attorney’s affidavit, proposed Statement of Damages, proposed default judgment) must each be electronically filed as separate ECF Filing Events.

Source text: Electronically file the following documents as separate ECF Filing Events: a. an affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1); b. an attorney’s affidavit setting forth: i. why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; ii. 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 liability and/or damages prior to the resolution of the entire action (see Fed. R. Civ. P. Rule 54(b)); and iii. when applicable, legal authority for why an inquest is unnecessary. c. a proposed Statement of Damages and the basis for each element of damages, including interest, attorney’s fees, and costs (unless requesting an inquest); and d. a proposed default judgment, using the ECF Filing Event found under PROPOSED ORDERS.

Proposed default judgment must be electronically filed via ECF using the Filing Event under PROPOSED ORDERS.

Source text: a proposed default judgment, using the ECF Filing Event found under PROPOSED ORDERS.

Certificate of service for signed Order to Show Cause must be filed electronically.

Source text: At least three business days before the return date, electronically file a certificate of service of the signed Order to Show Cause that complies with Local Civil Rule 55.2(a)(3).

All sentencing submission documents (including letters) must be filed on ECF, except sealed or redacted submissions.

Source text: 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 seeking relief should be filed on ECF as letter-motions (not ordinary letters) when permitted by local e-filing rules.

Source text: 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.

Letters between parties/counsel not addressed to the Court cannot be filed on ECF or sent to the Court, except as exhibits to proper filings.

Source text: Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

Presiding judges may grant e-filing privileges to pro se litigants; if not, electronic submissions are accepted per court website requirements.

Source text: InA judge presiding over a case wheremay grant electronic filing privileges to a pro se partylitigant. If a pro se litigant has not obtained electronic filing privileges in a case, the United States District Courts for the Eastern and Southern Districts of New York will accept electronic submissions from pro se parties without electronic filing privileges pursuant tothat litigant based on certain requirements that will be set forth on each Court’s public website.