Southern District of New York Electronic Filing Rules

CRITICALCivil cases

Applies to

Letter motion

A request for a limited extension based on unforeseen circumstances must be made by letter-motion filed on ECF.

If something unforeseen arises, a party may seek a limited extension of the foregoing deadlines by letter-motion filed on ECF.

CRITICALCivil cases

Applies to

Joint letter

Absent leave of Court, the parties must file a joint case-status letter on ECF no longer than three pages at least one week before each future conference.

Absent leave of Court, by one week prior to any future conference, the parties shall file on ECF a joint letter, not to exceed three pages, regarding the status of the case.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Joint status letter

The parties must file the joint status letter on ECF by Thursday of the week before 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.

CRITICAL

Applies to

Letter

Letters should be filed electronically on ECF, except when a letter is requested to be filed under seal or contains sensitive or confidential information.

Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically on ECF in accordance with the S.D.N.Y. “Electronic Case Filing Rules and Instructions.”

CRITICAL

Applies to

Motion or letter motion for sealed or redacted filing

Motions or letter motions seeking approval for sealed or redacted filings, together with the subject documents and proposed sealed documents, must be filed electronically through ECF under the cited procedures.

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.

CRITICAL

Applies to

Letter

When attachments to a letter exceed ten pages, the letter must also be filed on ECF.

When a letter is accompanied by attachments exceeding ten (10) pages in length, the submitting party shall both file the letter on ECF and deliver a hard copy to Chambers by mail or hand delivery.

CRITICAL

Applies to

Redacted and unredacted documents

Both the redacted public document and the sealed unredacted document must be filed through ECF and related to the motion.

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

CRITICAL

Applies to

Diversity jurisdiction letter

The diversity-jurisdiction letter must be filed on ECF before the 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 (2) pages explaining the basis for the party’s belief that diversity of citizenship exists.

CRITICAL

Applies to

Sentencing submission document

Every document in a sentencing submission, including letters, must be filed publicly on paper or through ECF.

Every document in a sentencing submission, including letters, must be filed in the public record either in paper form or through the ECF system, using one of the following two (2) procedures:

CRITICAL

A party unable to e-file under seal or believing a document should not be e-filed 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 in the traditional manner, on paper.

CRITICAL

Applies to

Documentary exhibits

submit to the Court and serve on opposing counsel, but not file on ECF, all documentary exhibits, pre-marked (numbers for plaintiff, letters for defendant).

submit to the Court and serve on opposing counsel, but not file on ECF, all documentary exhibits, pre-marked (numbers for plaintiff, letters for defendant).

CRITICAL

Applies to

Order to show cause

Prior to the return date, file the original Order to Show Cause in the Clerk’s Office, Records Management Office, Room 370, together with an affidavit of service on the defendant of a conformed copy of the Order.

Prior to the return date, file the original Order to Show Cause in the Clerk’s Office, Records Management Office, Room 370, together with an affidavit of service on the defendant of a conformed copy of the Order.

CRITICAL

Before the initial pretrial conference, counsel must comply with SDNY’s ECF rules, register as ECF filers, and enter an appearance.

Before the initial pretrial conference, Counsel must adhere to S.D.N.Y.’s “Electronic Case Filing Rules and Instructions,” be registered as ECF filers, and enter an appearance in the case.

CRITICAL

Applies to

Proposed case management plan scheduling order and letter

The notice directs parties to submit a proposed case management plan and scheduling order and a letter to the Court on ECF one week before the conference.

The Notice will direct the parties to submit on ECF a proposed Civil Case Management Plan and Scheduling Order and letter to the Court one (1) week prior to the conference date.

CRITICAL

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 not filed on ECF.

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

CRITICAL

Counsel must promptly register 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.

CRITICALCriminal cases

Applies to

Sentencing memorandum

A party must file its sentencing submission when served using one of the stated procedures; paper filing is the only option in a non-ECF criminal case.

At the time it is served a party shall file its sentencing submission following one of the two procedures described here. (If the criminal case is a non-ECF case, then only paper filing is allowed.)

CRITICAL

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.

CRITICAL

Applies to

All documents

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.

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Joint pretrial order

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.

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

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.

CRITICALCriminal cases

Only paper filing is allowed in a non-ECF criminal case.

(If the criminal case is a non-ECF case, then only paper filing is allowed.)

CRITICALCriminal cases

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

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

CRITICAL

A pro se party must move for permission to e-file; if permission is granted, the party will not receive hard copies of documents filed electronically via ECF.

Any pro se party that wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for Electronic Case Filing (available at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro- se-cases and in the Pro Se Office). If the Court grants a motion to participate in “e-filing,” that party will not receive hardcopies of any document filed electronically via ECF.

CRITICALCriminal cases

Applies to

Letter motion

A defendant’s written bail-modification request must be filed on ECF as a letter-motion and state whether the Government and Pretrial Services Officer consent.

Any written 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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Temporary restraining order

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.

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.

CRITICALCivil cases

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.