Southern District of New York Electronic Filing Rules

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.

CRITICAL

Do not submit papers or courtesy hard copies to Chambers; file documents on ECF or email them when the Court’s Individual Rules permit or require it.

A. 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 BermanNYSDChambers@nysd.uscourts.gov.

CRITICAL

Applies to

Application papers

Parties seeking a TRO or other emergency relief must email all papers 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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Sentencing submission

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.

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.

CRITICAL

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.

CRITICALCivil cases

Applies to

Settlement conference acknowledgment form

Counsel for each party must complete and sign the form, email it to the Court, and send copies to all other parties at the same time, no later than seven calendar days before the settlement conference.

Counsel of record for each party must complete and sign this form and email it to the Court at Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later than one week (seven calendar days) before the parties’ scheduled settlement conference.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A nonincarcerated pro se party seeking to participate in ECF must file a Motion for Permission for Electronic Case Filing.

Any nonincarcerated pro se party who wishes to participate in ECF must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake unit or at https://nysd.uscourts.gov/node/844.

CRITICAL

Applies to

Proposed sealed document

The specified documents, including proposed sealed documents, must be filed electronically through ECF in accordance with the cited procedures.

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-583, and ECF Rules & Instructions, Section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.

WARNINGCivil cases

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.

WARNING

Applies to

Letter

When a stated exception to ECF filing applies, a PDF letter may be emailed to chambers or delivered in hard copy.

If one of the exceptions described in the previous sentence applies, a PDF version of a letter may be emailed to the chambers email address or delivered in hard copy.

WARNING

Applies to

Sentencing submission

Every document in a sentencing submission, including letters, should be filed publicly through ECF unless it is to be filed under seal or permission to do otherwise has been obtained.

Except for submissions to be filed under seal, every document in a sentencing submission, including letters, should be filed in the public record through the ECF system, using the procedures described below, unless permission to the contrary has been obtained.

WARNING

Applies to

Letter motion

Letter-motions may be made through ECF if they comply with the applicable S.D.N.Y. rules and instructions.

Letter-motions may be made 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.

WARNING

In civil and criminal cases designated ECF, parties must stay current on matters filed electronically because the Court will not provide other notification.

B. In ALL cases (civil and criminal) that are designated ECF, the parties are responsible for being current in any and all matters filed electronically by this Court. No other means of notification will be used by this Court.

WARNING

Applies to

Letter

To file a letter electronically, counsel should make the following selections on ECF: civil → civil events → other filings → other documents → letter.

To file a letter electronically, counsel should make the following selections on ECF: civil → civil events → other filings → other documents → letter.

WARNINGCivil cases

Applies to

Temporary restraining order motion

The TRO moving party should file the motion, supporting documents, and a proposed order on ECF in accordance with ECF procedures.

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.

WARNINGCivil cases

Applies to

Letter motion

When permitted by the applicable S.D.N.Y. rules, letters seeking relief should be filed on ECF as letter-motions rather than ordinary letters.

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

WARNINGCivil cases

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.”

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.”

WARNINGCivil cases

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).

WARNING

A request containing sensitive or confidential information may be emailed, faxed, or hand-delivered instead of filed electronically.

If a request contains sensitive or confidential information, it may be submitted by email to Chambers inbox at: woodnysdchambers@nysd.uscourts.gov, faxed to (212) 805-7900, or hand delivered in lieu of being filed electronically.

WARNING

Counsel must update changed contact information on ECF and regularly check the docket whether or not 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.

WARNING

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.

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.

WARNING

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.

WARNINGCivil cases

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.

WARNINGCriminal cases

Applies to

Sentencing submission document

The Court assumes all documents in a sentencing submission, including letters, will be filed through ECF.

The Court assumes that every document in a sentencing submission, including letters, will be filed through the ECF system.

WARNINGCriminal cases

Applies to

Adjournment or extension request

A request containing sensitive or confidential information may be submitted by email instead of being filed electronically.

(If a request contains sensitive or confidential information, it may be submitted by e-mail in lieu of being filed electronically).

WARNINGCivil cases

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).

WARNING

A represented party should email these pretrial documents to the Court when filing them, in both PDF and Microsoft Word formats.

At the time of filing, a represented party should e-mail these documents to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov), in both .pdf and Microsoft Word formats.

WARNING

If a party or counsel cannot submit a document electronically by ECF or email, it may be mailed, but mail should be avoided to the maximum extent possible.

B. 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.

WARNING

Applies to

Letter

Letters 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.

INFOCivil cases

A party may file a pretrial memorandum of law when the joint pretrial order is filed if the party believes it would be useful to the Court.

At the time the joint pretrial order is filed, a party may file a pretrial memorandum of law if it believes it would be useful to the Court.

INFO

Applies to

Oral argument request letter

A party may request oral argument when filing moving, opposing, or reply papers by filing a specific request letter on ECF.

Parties may request oral argument at the time they file their moving, opposing or reply papers, by filing on ECF a letter specifically requesting oral argument.

INFOCivil cases

Applies to

Exhibits

Trial exhibits are not required to be electronically filed.

Exhibits need not be electronically filed.