Southern District of New York Filing Timing and Cure Windows

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.

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.

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

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.

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.

Deadline

14 calendar days

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...

Deadline

3 business days

Parties must submit a list of affiants to cross-examine three business days after submitting affidavits.

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.

Deadline

7 calendar days

Oppositions to motions in limine and pretrial memorandum legal arguments must be filed within one week of the pretrial order.

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.

Deadline

3 business days

Parties must meet and confer before filing sealed/redacted documents; third parties must file explanatory letter within 3 business days of notice.

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.

Deadline

2 calendar days

Agreed case management plans must be submitted via ECF no later than two days before the scheduled initial pretrial 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.

Deadline

30 calendar days

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.

Deadline

5 calendar days

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.

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.

Deadline

30 calendar days

Wait at least 30 days after service before applying for certificate of default to allow for appearance by mail.

Wait at least 30 days after service is effected to allow for the receipt of an appearance by mail; then

Deadline

30 calendar days

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).

Daubert motions to exclude expert testimony must be filed by the dispositive motion deadline and not 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.

Deadline

5 calendar days

Responses to in limine motions are due 5 days after the motion is filed.

Reponses are due five days later.

Deadline

30 calendar days

Defendants must depose plaintiff within 30 days of filing qualified immunity notice of motion, before briefing, as this is the only allowed plaintiff deposition pre-discovery.

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.

Deadline

30 calendar days

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).

Deadline

30 calendar days

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.

Counsel are prohibited from setting a return date for motions.

Counsel are not to set a “return date.”

Deadline

5 calendar days

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.

Deadline

20 calendar days

Counsel must submit and exchange proposed findings, trial memoranda, and sworn witness statements 20 days before final pretrial conference in bench trials unless otherwise instructed.

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; • Sworn statements constituting the direct testimony of each witness to be presented.

Deadline

10 calendar days

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:

Deadline

10 calendar days

For civil evidentiary hearings, parties must submit sworn witness statements, memoranda of law, and proposed findings 10 days before the hearing.

Evidentiary hearings in civil matters are conducted according to the Judge’s rules for bench trials, Part VII.F, supra. Thus, no fewer than ten days before an evidentiary hearing, parties should submit (a) sworn witness statements, (b) memoranda of law, and (c) proposed findings of fact and conclusions of law.

Deadline

5 calendar days

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.

Deadline

30 calendar days

Motions to amend pleadings or join additional parties must be filed within 30 days following the initial pretrial conference, absent exceptional circumstances.

Any motion to amend or to join additional parties shall be filed within ______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 30 days following the initial pretrial conference.]

Deadline

14 calendar days

Initial disclosures under Rule 26(a)(1) must be completed within 14 days of the parties' Rule 26(f) conference, absent exceptional circumstances.

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than __________ days from the date of this Order. [Absent exceptional circumstances, within 14 days of the parties' conference pursuant to Rule 26(f).]

Deadline

120 calendar days

All fact discovery must be completed within a period not exceeding 120 days, unless the case presents unique complexities or exceptional circumstances.

All fact discovery shall be completed no later than ______________________. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

Deadline

30 calendar days

Contention interrogatories must be served no later than 30 days before the close of discovery; no other interrogatories are permitted without prior express permission of the Court.

Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than thirty (30) days before the close of discovery. No other interrogatories are permitted without prior express permission of the Court.

Deadline

30 calendar days

Requests to admit must be served no less than 30 days prior to the close of fact discovery, absent exceptional circumstances.

Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by ______________________. [Absent exceptional circumstances, a date not less than 30 days prior to the date set forth in paragraph 7(a).]

Deadline

10 calendar days

The recusal letter must be filed before any appearance before or application made to Judge Vargas, and in any event no later than 10 calendar days from assignment of the matter.

Prior to any appearance before, or application made to, Judge Vargas in any civil matter in which the United States Attorney or an attorney from the U.S. Department of Justice represents a party—or in any event, no later than ten (10) calendar days from the assignment of any such matter to Judge Vargas—the Government attorney handling the matter shall file a letter on the docket indicating whether, based on the records of the U.S. Attorney's Office, the matter falls within the recusal parameters set forth above.

Deadline

1 business days

Opposing party must inform the Court within one business day of intent to respond and file the response within three business days; reply letters are not permitted.

If the opposing party wishes to respond to the letter, it must inform the Court within one business day that a responsive letter is forthcoming and file the letter within three business days. The same page limits and filing instructions apply. Reply letters are not permitted.

Deadline

3 calendar days

Removing party must file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

Counsel for the party or parties that removed the case must follow 28 U.S.C. § 1446(a) and file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

Deadline

30 calendar days

Parties must file a proposed Joint Pretrial Order on ECF within 30 days of the Court's decision on a summary judgment motion.

Unless otherwise ordered by the Court, within 30 days from the Court's decision on a summary judgment motion, the parties must file on ECF a proposed Joint Pretrial Order.

Deadline

3 business days

The letter and completed Electronic Devices General Purposes Form must be filed at least three business days before the appearance.

Counsel seeking to bring a device into the Courthouse for an appearance must, at least three business days before the appearance, file a letter (not letter motion) and completed Electronic Devices General Purposes Form, available at https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose.

Deadline

3 calendar days

If all parties consent to proceed before a magistrate judge, they must submit a fully executed SDNY consent form to the Court within three (3) days of submitting the Proposed Civil Case Management Plan and Scheduling Order.

If all parties consent, the remaining paragraphs need not be completed. Instead, the parties shall submit to the Court a fully executed SDNY Form Consenting to Proceed for All Purposes Before a Magistrate Judge, available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla, within three (3) days of submitting this Proposed Civil Case Management Plan and Scheduling Order.

Deadline

30 calendar days

Motions to amend pleadings or join additional parties (which require leave of court) must be filed no later than 30 days after the initial pretrial conference absent exceptional circumstances, and motions filed after that deadline are subject to the Rule 16(b)(4) good cause standard.

Any motion to amend or to join additional parties shall be filed no later than ________________ [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference. Any motion to amend or to join additional parties filed after this deadline will be subject to the “good cause” standard in Fed. R. Civ. P. 16(b)(4) rather than the more lenient standards of Fed. R. Civ. P. 15 and 21.]

Deadline

14 calendar days

Rule 26(a)(1) initial disclosures must be completed within 14 days following the initial pretrial conference absent exceptional circumstances (the bracketed default is truncated in the source).

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than _______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 14 days following the

Deadline

30 calendar days

Any agreement between the parties concerning ESI must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

Any agreement reached between the parties concerning ESI is to be filed within 30 days from the date of this Order.

Deadline

30 calendar days

Any confidentiality agreement between the parties must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Deadline

30 calendar days

Any agreement between the parties concerning FRE 502 privilege/clawback protocols must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

The parties are also to discuss protocols for asserting claims of privilege or of protection as trial-preparation material after such information is produced, pursuant to Federal Rule of Evidence 502. Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

Deadline

120 calendar days

All fact discovery must be completed no later than 120 days following the initial pretrial conference, unless the Court finds unique complexities or other exceptional circumstances.

All fact discovery shall be completed no later than __________________. [A date not more than 120 days following the initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

Deadline

45 calendar days

All expert discovery, including reports, production of underlying documents, and depositions, must be completed no later than 45 days after completion of fact discovery, absent exceptional circumstances.

All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than ____________________. [Absent exceptional circumstances, a date not more than 45 days from the date in paragraph 6(e) (i.e., the completion of all fact discovery).]

Deadline

3 business days

A responsive letter to a discovery dispute conference request must be submitted within three business days after the request is received.

If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Deadline

30 calendar days

The pre-motion submission for a summary judgment motion must be filed within 30 days of the close of fact or expert discovery, whichever comes later.

The submission shall be filed within 30 days of the close of fact or expert discovery, whichever comes later.

Daubert motions to exclude expert testimony must be filed at the same time as any dispositive motions in which such testimony is implicated, or on another schedule set by the Court.

Similarly, any motion to exclude the 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, is to be filed at the same time as any dispositive motions in which such testimony is implicated, or on any other schedule established by the Court.

Deadline

14 calendar days

Opposition to a Daubert motion is due two weeks after the motion is served on the opposing party, unless otherwise ordered by the Court.

Unless otherwise ordered by the Court, opposition to any such motion is to be filed two weeks after the motion is served on the opposing party

Deadline

7 calendar days

A reply to a Daubert motion, if any, is due one week after service of the opposition.

a reply, if any, is to be filed one week after service of any opposition.

Submissions required by Rule 7 of the Court's Individual Rules, including any motions in limine, must be made at or before the time of the Joint Pretrial Order.

The parties shall also follow Rule 7 of the Court's Individual Rules, which rule identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine.

In jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions must be filed simultaneously with the Joint Pretrial Order on the date set by the Court.

If this action is to be tried before a jury, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed simultaneously with the Joint Pretrial Order on the date set by the Court

Jury instructions may not be submitted after the Joint Pretrial Order due date unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).

Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).

In bench trials, proposed findings of fact and conclusions of law must be filed on or before the Joint Pretrial Order due date.

If this action is to be tried to the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court’s Individual Rules.

The case management plan sets a court-specified deadline for filing a motion, with opposition and reply deadlines also to be specified (dates left blank in this form).

shall file a motion for no later than . Any opposition shall be filed by and any reply shall be filed by .

The joint status letter regarding the status of the case must be filed by Thursday of the week prior to the pretrial 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.

Deadline

7 calendar days

The criminal-case letter must be submitted no later than one week before the scheduled appearance.

No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether.

Deadline

30 calendar days

The joint pretrial order is due within 30 days after completion of discovery or, if a dispositive motion was filed, within 30 days after decision on the motion, unless otherwise ordered.

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.

Deadline

3 business days

Within three business days after submitting direct-testimony affidavits, each party must submit a list of affiants it intends to cross-examine at trial.

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

Deadline

4 business days

Parties must file proposed case management plan and joint letter on ECF 4 business days before initial conference.

At least four business days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at https://nysd.uscourts.gov/hon-paul-engelmayer; and (2) a joint letter, not to exceed three single-spaced pages in length, describing the case, any contemplated motions, and the prospect for settlement.

Deadline

3 business days

Responses to discovery dispute letters must be filed within 3 business days; responding party should call chambers to advise of response.

If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.

Deadline

21 calendar days

Plaintiff has 21 days to amend pleading after motion to dismiss is filed.

If a motion to dismiss is filed, the plaintiff has a right to amend its pleading, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days.

Motion papers must be filed promptly after service.

Motion papers shall be filed promptly after service.

Deadline

14 calendar days

Jury case parties must submit joint settlement conference consent letter within 2 weeks of close of fact discovery.

In cases to be tried by jury, within two weeks of the close of fact discovery, the parties must submit a joint letter to the Court stating whether all parties consent to a settlement conference to be held before this Court or the assigned Magistrate Judge.

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.

Deadline

0 calendar days

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.

Deadline

0 calendar days

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

All documentary exhibits.

Deadline

7 calendar days

Opposition documents must be filed within one week after the pretrial order is filed.

within one week after the filing of the pretrial order

Deadline

2 calendar days

Opposition documents must be filed no less than two days before the scheduled trial date.

in no event less than two days before the scheduled trial date

Deadline

0 calendar days

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, 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.

Deadline

3 business days

Counsel must submit a list of affiants to cross-examine three business days after submitting affidavits.

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

Deadline

7 calendar days

Represented parties must file the amended or supplemental pleading within seven days of the order granting a Fed. R. Civ. P. 15(a)(2) or (d) motion.

The granting of a motion under Rule 15(a)(2) or (d) does not constitute the filing of the amended or supplemental pleading. Unless the court orders otherwise, a represented moving party must file the new pleading within seven days of the order granting the motion.

Deadline

10 calendar days

Upon filing a motion to dismiss, the non-moving party must notify the Court within 10 days whether they will amend their pleading or rely on the existing one.

Upon the filing of a motion to dismiss, the Court will ordinarily issue an order requiring the non-moving party, within 10 days, to notify the Court whether it intends to file an amended pleading, or will rely on the pleading being attacked.

Deadline

21 calendar days

If the non-moving party amends their pleading, the moving party has 21 days to answer, file a new motion to dismiss, or notify the Court they rely on the initial motion.

If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

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.

Deadline

7 calendar days

Opposition documents listed in 3.C must be filed within one week of the filing of corresponding 3.B pretrial documents.

within one week of the filing of any document described in section 3.B above

Deadline

21 calendar days

Non-jury case affidavits, deposition excerpts, and exhibits must be submitted 21 days before trial (fixed date) or 30 days after Joint Pretrial Order (no fixed date).

21 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the Joint Pretrial Order if no date has been fixed

Deadline

3 business days

Counsel must submit list of affiants to cross-examine 3 business days after submitting direct testimony affidavits.

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at trial.

Deadline

2 business days

Bankruptcy appeal brief deadlines may be extended by stipulation submitted 2 business days before brief due date.

Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.

Deadline

3 business days

Applies to

Certificate of service

Certificate of service for signed Order to Show Cause must be filed at least 3 business days before the return date.

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).

Deadline

14 calendar days

Applies to

Sentencing submission

Defendant's sentencing submission must be filed at least 14 calendar days before the scheduled sentencing date, unless otherwise ordered.

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed at least 14 days in advance of the date set for sentence.

Deadline

7 calendar days

Applies to

Sentencing submission

Government's sentencing submission must be filed at least 7 calendar days before the scheduled sentencing date.

The government’s sentencing submission shall be filed at least 7 days in advance of the date set for sentence.

Deadline

3 business days

Responsive letters to discovery letter motions are due within 3 business days after submission of the letter motion.

Any responsive letter should be submitted within 3 business days after submission of the letter motion and should be no longer than 3 single-spaced pages.

Deadline

3 business days

Failure to respond to a discovery letter motion within 3 business days results in waiver of any objections.

Failure to respond within 3 business days will result in a waiver of any objections.

Deadline

7 calendar days

The Proposed Case Management Plan and Report of Rule 26(f) Meeting must be filed on ECF one week before the scheduled Initial Case Management Conference.

One week before the scheduled conference, the parties shall file on ECF a Proposed Case Management Plan and Report of Rule 26(f) Meeting.

Deadline

30 calendar days

In consent cases, the parties must submit a Joint Pretrial Order for the Court's approval within 30 days after completion of discovery, unless otherwise ordered.

Unless otherwise ordered by the Court, within 30 days from the date of completion of discovery in a civil case, the parties shall submit to the Court for its approval a Joint Pretrial Order.

Deadline

30 calendar days

In pro se cases, each party's Pretrial Statement is due within 30 days after the completion of discovery.

within 30 days after the completion of discovery each party shall file its own Pretrial Statement

Deadline

24 hours

Pre-plea submissions must be emailed to WillisCriminalDuty@nysd.uscourts.gov at least 24 hours before the plea.

At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to WillisCriminalDuty@nysd.uscourts.gov.

Deadline

14 calendar days

Pre-sentence submissions in misdemeanor cases must be submitted no later than 2 weeks before the scheduled sentencing.

Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled sentencing.

Initial interrogatories must be served on or before a specified date.

Initial sets of interrogatories shall be served on or before .

Deadline

30 calendar days

Subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

All subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

Deadline

30 calendar days

Requests for admission must be served no later than 30 days before the fact discovery deadline.

Requests for admission must be served on or before , and in any event no later than 30 days before the fact discovery deadline.

Deadline

30 calendar days

Subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

All subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

Rule 26(e) supplementations must be made within a reasonable time after information discovery, and no later than the fact discovery deadline.

Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information, and in any event, no later than the fact discovery deadline.

Parties must exchange privilege logs by a specified date if claiming privilege or work product protection.

To the extent that any party claims any privilege or work product protection, privilege logs will be exchanged by _____________________.

Pleading amendments after the Rule 15(a) deadline are only permitted with a showing of good cause under Rule 16(b)(4).

Amendment of pleadings after this date will be permitted only on a showing of “good cause” under Fed. R. Civ. P. 16(b)(4).

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.

Filing a motion for summary judgment does not extend the pretrial order deadline unless the Court orders otherwise, and such extensions are disfavored.

The filing of a motion for summary judgment does not excuse or extend the time for filing the pretrial order unless the Court otherwise directs. Such applications are disfavored and will almost never be granted.

Deadline

10 calendar days

Plaintiffs must provide HIPAA-compliant medical records release authorizations to defendants within 10 days following the initial pretrial conference, absent exceptional circumstances.

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ______________________________. [Absent exceptional circumstances, a date not more than 10 days following the initial pretrial conference.]

Motion papers must be filed promptly after service.

Motion papers must be filed promptly after service.

Motions to exclude expert testimony must be made by the deadline for dispositive motions, not as a motion in limine.

Motions to exclude expert testimony must be made by the deadline for dispositive motions and should not be treated as a motion in limine.

The Joint Pretrial Order deadline will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions, unless otherwise ordered.

Unless otherwise ordered by the Court, the deadline for submission of the Joint Pretrial Order will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions.

After the default judgment filings are filed on ECF, the Clerk of Court reviews them and parties must monitor the docket and make any revisions the Clerk indicates if filings are not approved as to form.

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.

Deadline

3 business days

Responsive letters to letter motions should be submitted within 3 business days after the letter motion is submitted.

Any responsive letter should be submitted within 3 business days after submission of the letter motion.

Date and hour calculations use FRCP 6 for civil matters and FRCP 45 for criminal matters.

All date and hour calculations are governed by Federal Rule of Civil Procedure 6, in civil matters, or Federal Rule of Criminal Procedure 45, in criminal matters.

The Court sets the submission schedule for proposed voir dire questions, requests to charge, and verdict forms at the pretrial conference.

At the pretrial conference, the Court will set a schedule for submission of additional materials, including proposed voir dire questions, requests to charge, and verdict forms.

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.

Deadline

7 calendar days

Privilege logs should be produced simultaneously with or within a week of each production tranche.

Date(s) for production of privilege logs (The Court's preference is that privilege logs be produced simultaneously or within a week of each production tranche):