Southern District of New York Filing Timing and Cure Windows

CRITICALCivil cases

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

CRITICALCivil cases

Expert exclusion motions (Daubert) must be filed by the dispositive motion deadline and should not be treated as motions in limine.

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

CRITICAL

An application for a redaction beyond the eleven identified categories must be filed when the sentencing submission is served.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be filed at the time the sentencing submission is served.

CRITICAL

No later than 7 days before trial, the parties must file proposed jury instructions with authority citations, proposed verdict forms, proposed voir dire, and the Government's proposed witness list.

iv. Not later than seven (7) days prior to the commencement of trial, the parties shall file their: 1. proposed jury instructions with citations to authority; 2. proposed verdict forms; 3. proposed voir dire; and 4. the Government's proposed witness list.

CRITICAL

Motions in limine must be filed 30 days before trial.

iii. Motions in limine shall be filed thirty (30) days prior to the commencement of trial.

CRITICAL

Rule 16 expert disclosures, including all required information, must be made 30 days before trial.

ii. Any Rule 16 expert disclosures, including all required information, shall be made thirty (30) days prior to the commencement of trial.

CRITICALCriminal cases

A party must file its sentencing submission when it is served, using the specified paper or ECF procedure, but non-ECF cases must use paper filing.

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.)

CRITICALCivil cases

Parties must submit affidavits of direct testimony to the court at the time of joint pretrial order filing, with exceptions for certain witnesses.

At the time the joint pretrial order is filed, each party shall submit to the Court and serve on opposing counsel, the following: i. Copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.

CRITICALCivil cases

Motion papers must be filed promptly after service.

Motion papers shall be filed promptly after service.

CRITICALCivil cases

Deposition excerpts offered as substantive evidence must be submitted at the time of joint pretrial order filing.

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

If TRO adversary is notified but does not consent, application must be filed at a time mutually agreeable to both parties.

If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must file the application at a time mutually agreeable to it and the adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

CRITICALCivil cases

All documentary exhibits must be submitted at the time of joint pretrial order filing.

All documentary exhibits.

CRITICAL

Joint Pretrial Orders in civil cases must be submitted within 30 days after discovery closes or 30 days after a dispositive motion decision.

Unless otherwise ordered by the Court, within 30 days after the deadline for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties shall submit to the Court for its approval a Joint Pretrial Order, with one courtesy hard copy for Chambers.

CRITICAL

Motions in limine addressing evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.

In all cases, motions in limine addressing any evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.

CRITICAL

Unless the Court orders otherwise, the specified pretrial materials must be filed at the same time as the Joint Pretrial Order.

Unless otherwise ordered, the following must be filed at the same time as the filing of the Joint Pretrial Order:

WARNINGCivil cases

Parties should promptly move for default judgment if the opposing party fails to respond to a claim.

If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.

WARNING

An auto-generated email confirms receipt of a pro se party's email but does not establish that the document was filed on the docket.

Pro se parties using the ProSe email box will receive an auto-generated message confirming receipt of their email, but that does not mean that the document has been filed on the docket.

WARNING

Deadline

2 business days

The filing party must check the docket and may call the Pro Se Intake Unit for help if the document has not been docketed after two business days.

The filing party must check the docket to see if the document has been filed and may contact the Pro Se Intake Unit at 212-805-0175 for assistance if the document has not been docketed after two business days.

WARNINGCivil cases

Motion papers must be filed promptly after they are served.

Motion papers must be filed promptly after service.

WARNINGCivil cases

Motion papers must be filed promptly after service.

Motion papers must be filed promptly after service.

WARNING

The notice of motion and motion papers must be filed promptly after service.

Notice of motion and motion papers shall be filed with the Court promptly after service.

WARNINGCivil cases

After the Order to Show Cause, the proposed default judgment order, and supporting documentation are filed on ECF, the Clerk of Court will review the filings. Please monitor the docket in case any of the filings are not approved as to form, and make any revisions as indicated by the Clerk of Court.

After the Order to Show Cause, the proposed default judgment order, and supporting documentation are filed on ECF, the Clerk of Court will review the filings. Please monitor the docket in case any of the filings are not approved as to form, and make any revisions as indicated by the Clerk of Court.

WARNINGCriminal cases

Unless a party requests filing under seal, parties should assume the Court will docket any substantive letter they have not docketed.

Absent any request to file a letter under seal, the parties should assume that any substantive letter that the parties have not docketed will be docketed by the Court.

WARNINGCivil cases

The Court prefers privilege logs to be produced simultaneously with each production tranche or within a week afterward.

(The Court’s preference is that privilege logs be produced simultaneously or within a week of each produc�on tranche):

INFOCivil cases

The motion-to-dismiss procedure does not change the deadline for responding to the motion.

This provision does not alter the time to file a response to the motion to dismiss.

INFOCivil cases

Oral argument may be requested by letter filed with motion/opposition/reply papers.

Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.

CRITICALCivil cases

Joint pretrial order must be submitted at least 14 days before final pretrial conference.

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,

CRITICALCivil cases

Deadline

2 business days

Opposing parties must make themselves available to confer within 2 business days of a discovery dispute conference request.

Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days.

CRITICALCivil cases

Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

CRITICALCivil cases

Deadline

3 business days

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross- examine at the trial.

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross- examine at the trial.

CRITICALCivil cases

Deadline

10 business days

Discovery dispute letter-motions may be filed after 10 business days of dispute or sooner if impasse is reached.

If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion

CRITICALCivil cases

Deadline

2 business days

Oppositions to letter-motions seeking relief must be filed within two business days.

Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within two business days.

CRITICALCivil cases

Deadline

3 business days

i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

CRITICAL

Deadline

30 calendar days

Unless the Court orders otherwise, the parties must submit a proposed joint pretrial order within 30 days after discovery closes, or within 30 days after decision on a filed dispositive motion.

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties shall submit to the Court for its approval a proposed joint pretrial order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and following:

CRITICALCivil cases

Plaintiff must file a RICO case statement within 30 days after filing the complaint.

Plaintiff shall file, within thirty (30) days of filing the complaint, a RICO case statement; a copy shall be delivered to Chambers.

CRITICAL

Counsel are prohibited from setting a return date for motions.

Counsel are not to set a “return date.”

CRITICAL

Requests to exceed memoranda page limits must be made in writing 5 days before due date (1 day for reply briefs).

Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date.

CRITICAL

In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre- discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit.

In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre- discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit.

CRITICAL

Reponses are due five days later.

Reponses are due five days later.

CRITICAL

For civil evidentiary hearings, counsel must provide pre-marked exhibits to adversary and Court 5 days before, with specific formatting requirements.

In addition, and also no fewer than five days before an evidentiary hearing, counsel shall provide one pre-marked set of exhibits for the adversary and one for the Court. All exhibits must be pre-marked, using the form PX-1 through PX-n and DX-1 through DX-n. If possible, exhibits should be bound or collated in a binder. Each exhibit should be tabbed. Exhibits containing multiple documents (e.g., multiple banks statements) are disfavored. The copies provided to the Court will be for the Court’s use only. Counsel should bring their own copies for use by witnesses.

CRITICAL

Defendants have 30 days after plaintiff’s deposition to file brief in support of qualified immunity motion.

After the plaintiff’s deposition, the defendant(s) has/have thirty days to file a brief in support of the motion to dismiss (order your deposition transcript accordingly, please).

CRITICAL

Deadline

14 business days

Oppositions to lead counsel motions in PSLRA cases must be filed within 14 business days of the motion due date, with no extensions permitted.

Opposition to each such motion must be filed separately and must be received by the court no later than fourteen (14) business days following the date on which such motions are due. NO EXTENSIONS WILL BE GRANTED.

CRITICAL

In limine motions must be filed no later than 5 days after final pretrial conference notice, not with the pretrial order.

In limine motions are not to be filed with the pretrial order. They must be filed no later than five days after the parties are noticed for final pretrial conference.

CRITICAL

Summary judgment motions must be filed within 30 days after the close of discovery.

Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order).

CRITICAL

Plaintiff has 30 days after defendant’s brief filing to file response to qualified immunity motion.

The plaintiff will have 30 days from the filing of the brief in support of the motion to file its response.

CRITICAL

Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

In all matters in which the complaint contains a RICO claim, the plaintiff(s) must file a RICO Case Statement, in accordance with the Court’s RICO Case Standing Order, which is available on the Court’s website (http://nysd.uscourts.gov/judge/Mcmahon), within 30 days of filing the complaint.

CRITICAL

Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: Proposed findings of fact and conclusions of law; Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; and Sworn statements constituting the direct testimony of each witness to be presented.

Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: Proposed findings of fact and conclusions of law; Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; and Sworn statements constituting the direct testimony of each witness to be presented.

CRITICAL

In bench trials, witness statements (excluding hostile/uncontrolled witnesses) must be submitted and exchanged 10 days before final pretrial conference.

In bench trials, counsel must prepare and exchange sworn statements containing the direct testimony of each witness they intend to call, other than hostile witnesses or witnesses outside of their control. These witness statements will be submitted and exchanged ten days before the final pretrial conference and shall be used at trial in accordance with the following procedure:

CRITICAL

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

CRITICAL

If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.

If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.