Southern District of New York Electronic Filing Rules

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.

Applies to

Letter

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

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

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.

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.

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.

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.

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.

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.

Applies to

Proposed stipulation or order

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

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.

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.

Applies to

TRO application

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

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.

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;

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.).

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.

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.

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.

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.

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.

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.”

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

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.

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.

Applies to

Letter

Letters to the Court must be filed electronically on ECF; letters seeking relief should be filed as letter motions, not ordinary letters.

Letters must be filed electronically on the Electronic Case Filing system ("ECF"). Letters seeking relief (if consistent with the SDNY Local Rules and the SDNY ECF Rules and Instructions) should be filed on ECF as letter motions, not as ordinary letters.

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

In accordance with the ECF Rules & Instructions, all attorneys representing parties are required to register promptly as ECF filers and to enter an appearance in the case.

Applies to

Letter motion

Letter motions must be filed on ECF; all requests for adjournments, extensions, and pre-motion conferences must be filed as letter motions.

Letter motions must be filed on ECF in accordance with the SDNY Local Rules and the ECF 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.

Applies to

Motion

The moving party should file the TRO motion, supporting documents, and proposed order on ECF.

The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with ECF procedures.

Applies to

Default judgment motion

Default judgment must be sought by motion on ECF under FRCP 55(b)(2) and Local Rule 55.2, not by order to show cause.

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 SDNY Local Civil Rule 55.2. A plaintiff seeking a default judgment should not proceed by order to show cause.

Applies to

Notice of appearance

All parties' counsel must file a notice of appearance on ECF promptly upon removal.

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

Applies to

Pretrial order

The proposed Joint Pretrial Order must be filed electronically on ECF.

the parties must file on ECF a proposed Joint Pretrial Order

Applies to

Exhibits

Documentary exhibits and demonstratives must not be filed on ECF; they are submitted to the Court and served on opposing counsel.

Submit to the Court and serve on opposing counsel, but do not file on ECF, all documentary exhibits and demonstratives.

Applies to

Joint status letter

The parties must file their joint pretrial conference status letter on ECF by Thursday of the week prior to the conference.

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

Required

Always

Applies to

All documents

All documents must be filed on ECF or emailed to Chambers; paper submissions to Chambers are prohibited.

No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to VyskocilNYSDChambers@nysd.uscourts.gov.

Applies to

Tro application

TRO and emergency-relief applications must be emailed to the Court in text-searchable PDF format.

Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email.

All letters must be filed on ECF unless they are under seal or contain sensitive or confidential information.

Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, all letters shall be filed on ECF.

Requests for adjournment or extension of time must be filed on ECF and sent to Chambers by email.

All requests for adjournment or extension of time shall be filed on ECF and sent to Chambers by email

All proposed orders and stipulations requiring the Court's signature must be filed on ECF.

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

All attorneys representing parties before Judge Román must promptly register as ECF Filers and file a notice of appearance.

All attorneys representing parties before Judge Román are required to register promptly as ECF Filers and must file a notice of appearance.

Any attorney appearing before the Court must enter a Notice of Appearance on ECF.

Any attorney appearing before the Court shall enter a Notice of Appearance on ECF.

Applies to

Motion papers

Motion papers must be filed via ECF promptly after reply papers have been served.

Motion papers shall be filed via ECF promptly after reply papers have been served.

Applies to

Tro papers

Parties must file all TRO/preliminary injunction papers on ECF as they are emailed to Chambers.

Additionally, parties must file all papers on ECF as they are emailed to Chambers.

Applies to

Joint pretrial order

Parties must electronically file the joint pretrial order via ECF.

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties should electronically file via ECF a joint pretrial order and provide one courtesy copy to the Court.

Applies to

Jury submissions

Proposed voir dire questions, requests to charge, verdict forms, and any oppositions must be filed via ECF.

These submissions, including any oppositions, shall be filed via ECF and sent to Chambers by email, with one courtesy copy of each submitted to Chambers.

Applies to

Proposed findings of fact and conclusions of law

Each party must electronically file proposed findings of fact and conclusions of law via ECF at the time the joint pretrial order is filed.

Electronically file via ECF proposed findings of fact and conclusions of law and provide one courtesy copy to the Court.

Applies to

Deposition excerpts and synopses

Deposition excerpts offered as substantive evidence and a one-page synopsis for each deposition must be submitted to the Court and served on opposing counsel but must not be electronically filed.

Submit to the Court and serve on opposing counsel, but shall not electronically file, all deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.

Applies to

Direct testimony affidavits

Affidavits constituting the direct testimony of trial witnesses must be submitted to the Court and served but not electronically filed, with exceptions for adverse parties, subpoenaed persons, and witnesses testifying live.

Submit to the Court and serve on opposing counsel, but shall not electronically file, copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of (1) an adverse party, (2) a person whose attendance is compelled by subpoena, or (3) a person for whom the Court has agreed to hear direct testimony live at the trial.

Applies to

Default judgment papers

The Order to Show Cause, proposed default judgment order, and all supporting papers must be filed on ECF in accordance with SDNY ECF Rules & Instructions Section 16.3.

File the Order to Show Cause, the proposed default judgment order, and all other supporting papers onto ECF in accordance with the Southern District of New York's Electronic Case Filing Rules & Instructions, Section 16.3.

Applies to

Letter

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

Letters must be filed electronically on ECF.

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

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

Applies to

Letter motion

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

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

Applies to

Temporary restraining order

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

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

Applies to

Default judgment

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

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

Applies to

Motion for sealed filing

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

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

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

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.

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.

Applies to

Highly sensitive document

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

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.

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

Applies to

Order to show cause

The proposed Order to Show Cause and supporting papers must be filed electronically via ECF.

Electronically file the proposed Order to Show Cause and supporting papers via ECF, in accordance with the ECF Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.

Applies to

Informational letter

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

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.

Applies to

Letter to court

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

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.)

Applies to

Letter not addressed to court

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.

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).

Applies to

Letter motion

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

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.

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

Applies to

Motion to seal

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

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.

Applies to

Sealed document

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.

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.

Applies to

Proposed order to show cause

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

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.

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.

Applies to

Proposed default judgment

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

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

Applies to

Certificate of service

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

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).

Applies to

Sentencing submission

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

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

Letter motions must be filed on ECF in accordance with the S.D.N.Y. Local Rules.

Letter motions shall be filed on ECF in accordance with the S.D.N.Y. Local Rules.

Applies to

Sealed document

Sealed documents must be e-filed through ECF; a party unable to comply, or believing a document should not be e-filed, must move for leave to file 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.

Applies to

Proposed case management plan

In pro se cases, the pro se party submits the Proposed Case Management Plan for Pro Se Cases to the Pro Se Intake Unit while the represented party submits it via ECF.

The pro se party should submit the Proposed Case Management Plan for Pro Se Cases to the Pro Se Intake Unit and the represented party should submit it via ECF and simultaneously mail a copy to the pro se party.

Applies to

Letter motion

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

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

Letter

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

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).

Counsel must keep ECF contact information current, check the docket regularly, and review actual court orders on ECF rather than relying solely on NEF descriptions.

for updating their contact information on ECF should it change; they should not file a letter motion advising the Court of the change. Counsel are also responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. Under ECF Rule 4.3, counsel “have an obligation to review the Court’s actual order, decree, or judgment, as available on ECF, and should not rely on the description of such order, decree or judgment in the Notice of Electronic Filing (NEF) alone.”

Required

Always

Documents may be mailed to the Court only when electronic submission is impossible; mailing is discouraged because of likely delays.

In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.

Pro se parties may file electronically via ECF or email only with Court permission; otherwise communications must be mailed to the Pro Se Intake Unit.

Pro se parties are encouraged to (1) consent to electronic service (via ECF or email); or (2) seek the Court’s permission to file documents through the ECF system or by email to the Court. Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007.

Counsel must keep their ECF contact information current and regularly check the docket sheet even if they receive 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.

Applies to

Letter

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

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

Applies to

Letter

Letters to the Court should be filed on ECF, except for settlement conference submissions and in camera submissions.

Letters should be filed on ECF except for settlement conference submissions and in camera submissions.

Applies to

Exhibits

Trial exhibits are not required to be electronically filed.

Exhibits need not be electronically filed.

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

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.

Applies to

Exhibits

Trial exhibits are not required to be filed electronically on ECF.

Exhibits need not be filed electronically on ECF.