Southern District of New York Filing Timing and Cure Windows

CRITICALCivil cases

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.

CRITICALCivil cases

Any agreement between the parties concerning protocols for privilege or trial-preparation material must be filed within 30 days of the order.

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

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

Deadline

30 calendar days

Any agreement between the parties concerning ESI must be filed within 30 days of the order.

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

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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).

CRITICALCivil cases

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.

CRITICAL

Deadline

5 calendar days

The proposed order must be submitted five days before the previously excluded time expires.

It shall be the duty of the prosecutor to prepare and submit to the Court a proposed Speedy Trial Act Exclusion Order five (5) days before the expiration of any previously excluded time.

CRITICAL

Deadline

3 business days

Counsel must submit the intended cross-examination list three business days after submitting the witness affidavits.

Three (3) 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.

CRITICAL

A party may file the listed opposition documents no later than three days after the pretrial order is filed.

Any party may file the following documents in opposition. These documents shall be filed no later than three (3) days after the filing of the pretrial order.

CRITICAL

Before the return date, file the original Order to Show Cause with the Clerk together with an affidavit showing service of a conformed copy on the defendant.

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

Deadline

14 calendar days

Within 14 days after service of an amended complaint, the defendant must answer, file a new motion to dismiss, or notify the Court and plaintiff by letter that it relies on its prior motion.

If the plaintiff amends its pleading, the defendant must, within fourteen (14) days of service of the amended complaint: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court and the plaintiff stating that it relies on the previously filed motion to dismiss.

CRITICAL

Unless the Court specifies otherwise, the parties must email Chambers a proposed joint pretrial order within 30 days after discovery closes, or, if a dispositive motion is filed, within three weeks after the Court decides it.

Unless otherwise specified by the Court, within thirty (30) days after the close of discovery or, if any dispositive motion is filed, within three (3) weeks from the Court’s decision on such motion, the parties shall submit a proposed joint pretrial order by email to Chambers inbox.

CRITICAL

Deadline

3 calendar days

When sealing or redaction is sought at another party’s or third party’s request, that party must be told to file a letter explaining the need within three days.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

CRITICAL

Deadline

14 calendar days

Within 14 days after receiving a motion to dismiss, the non-moving party must notify the Court and its adversary in writing whether it will amend the pleading and when, or rely on the challenged pleading.

When a motion to dismiss is filed, the non-moving party must, within fourteen (14) days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it shall do so, or (ii) it will rely on the pleading being attacked.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

The defendant must file and serve a similar case statement containing the same information two weeks after service of the plaintiff’s Statement.

Two weeks after service of plaintiff's Statement, the defendant must file and serve a similar Statement of its case containing the same information.

CRITICAL

Deadline

30 calendar days

Unless the Court orders otherwise, a pro se plaintiff must file a concise written Pretrial Statement within 30 days after discovery is completed.

Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se plaintiff shall file a concise, written Pretrial Statement.

CRITICALCivil cases

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

CRITICALCivil cases

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.

CRITICALCivil cases

within one week after the filing of the pretrial order

within one week after the filing of the pretrial order

CRITICALCivil cases

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.

CRITICALCivil cases

Deadline

3 business days

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.

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Objections to telephone or video proceedings must be filed no later than one week before the scheduled conference.

Any objections to proceeding by telephone or video shall be filed with the Court no later than one week prior to the scheduled conference and shall include relevant legal authorities.

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

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.

CRITICAL

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.

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.

CRITICAL

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

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

CRITICAL

Applies to

Sentencing submission

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

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

CRITICAL

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

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

CRITICAL

Applies to

Sentencing submission

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.

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.

CRITICAL

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.

CRITICAL

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.

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.

CRITICAL

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.

CRITICAL

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).

CRITICALCivil cases

Deadline

7 calendar days

The completed form must be emailed no later than seven calendar days before the scheduled 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.

CRITICALCriminal cases

Pre-sentence submissions for misdemeanors should 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.

CRITICAL

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.

CRITICAL

Deadline

3 business days

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.

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICALCivil cases

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 _____________________.

CRITICALCivil cases

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).

CRITICALCivil cases

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.