Southern District of New York Filing Timing and Cure Windows

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

Initial sets of interrogatories shall be served on or before .

CRITICAL

Deadline

1 calendar days

In pro se cases, each party must submit a Case Report and Proposed Case Management Plan one week before the scheduled conference, following Section I procedures.

Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one week before the scheduled conference in conformance with the procedures in Section I above.

CRITICAL

In non-pro se cases, the parties must file the Rule 26(f) Conference Report and Proposed Case Management Plan on ECF one week before the Initial Case Management Conference.

One week before the Initial Case Management Conference, the parties must file on ECF a Report on Rule 26(f) Conference and Proposed Case Management Plan.

WARNING

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.

WARNINGCivil cases

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.]

WARNINGCivil cases

Deadline

60 calendar days

If a motion remains undecided 60 days after it is fully briefed, the movant’s counsel must send the Court an alert letter.

If a motion is not decided within 60 days of the date that it was fully briefed, counsel for the movant shall send a letter to alert the Court.

WARNINGCivil cases

Counsel should obtain the Clerk’s Certificate of Default well before any court-imposed deadline for the default-judgment motion.

(Counsel should therefore seek and obtain a Clerk’s Certificate of Default well in advance of any Court-imposed deadline to move for default judgment.)

WARNINGCivil cases

Unless the Court orders otherwise for good cause, the parties must be ready for trial two weeks after filing the Joint Pretrial Order.

Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

Deadline

48 hours

After the Ready Trial date, the Court may call the parties to trial on 48 hours’ notice.

At any time after the Ready Trial date, the Court may call the parties to trial upon forty-eight (48) hours’ notice.

WARNING

The initial pretrial conference is cancelled and in-person attendance is unnecessary if the stated discovery schedule, 30-day submission, and Court approval conditions are met.

If (1) counsel agree on a schedule that calls for the close of all discovery not more than six (6) months from the date of the Notice of Initial Pretrial Conference; (2) counsel submit the Proposed Case Management Plan and Scheduling Order to the Court no later than thirty (30) days before the initial pretrial conference; and (3) the Court signs and dockets the Proposed Case Management Plan and Scheduling Order, the initial pretrial conference will be cancelled and the parties need not appear in person.

WARNING

Deadline

6 calendar days

Motions, except those brought by Order to Show Cause, should have a return date six weeks after service.

All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service.

WARNINGCivil cases

The paragraph’s deadlines are stayed while a properly filed summary-judgment motion is pending.

However, if any party files a motion for summary judgment in accordance with the Court’s Individual Rules, the deadlines in this paragraph are stayed pending resolution of that motion.

WARNING

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.

WARNING

Deadline

3 business days

A responsive letter should be submitted within three business days after the Letter-Motion is submitted.

Any responsive letter should be submitted within three (3) business days after submission of the Letter-Motion.

INFO

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.

INFOCivil cases

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.

INFOCivil cases

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):