Southern District of New York Service and Proof of Service Rules

Deadline

10 calendar days

Service

Other to all parties

Non-moving parties electing to amend under Rule 15(a)(1) after motion to dismiss must notify court and adversary within 10 days of motion receipt with intended filing date.

When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so.

Applies to

Calculation files

Service

Email to chambers

Native calculation files supporting default judgment damages must be emailed to Chambers.

iii. if the proposed damages are supported by calculations, native versions of the files with calculations (i.e., versions of the files in their original format, such as in “.xlsx”), which shall be emailed to Chambers;

Applies to

TRO application

Service

Electronic service to all parties

Noticed TRO applications must be filed on ECF, served on all parties, and Chambers emailed.

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

Applies to

Affidavit

Service

Other to opposing party

Affidavits of direct trial witness testimony must be served on opposing counsel.

serve on opposing counsel

Applies to

Motion for default judgment

Service

Personal service to opposing party

Default judgment motions must be served on the defendant in the same manner as a summons (same as service of process).

Once a certificate of default has been obtained, serve a copy of the Motion for Entry of a Default Judgment on the defaulting defendant in the same manner as prescribed for service of process. Notwithstanding any provision in Local Civil Rules 55.1 and 55.2, this court REQUIRES that a notice of motion for default judgment be served in the same manner as a summons and contain the following language:

Applies to

Motion for reconsideration

Service

Other

Motions for reconsideration must be served using the same method as other motions.

Motions for reconsideration are to be served in the same manner as other motions.

Service

Other to opposing party

Opposing parties are not required to serve responsive papers to motions for reconsideration unless directed by Judge McMahon.

The opposing party need not serve any responsive papers (including letters) unless specifically directed to do so by Judge McMahon.

Deadline

14 calendar days

Applies to

Answering paper

Service

Other

Answering papers must be served 14 days after receipt of moving papers.

Answering papers or motions are to be served fourteen days after receipt of the moving papers.

Deadline

5 calendar days

Applies to

Reply paper

Service

Other

Reply papers must be served 5 days after answering papers are served.

Reply papers, if any, are to be served five days later.

Deadline

30 calendar days

Applies to

Initial discovery

Service

Other to all parties

Parties must exchange FRCP 26(a) required initial discovery within 30 days of answer on last plaintiff or by case management order date.

Parties must exchange the discovery required under Federal Rule of Civil Procedure 26(a) within 30 days after service of the answer on the last plaintiff to be served or by the date specified in a Court-approved case management order.

Deadline

5 calendar days

Service

Hand delivery to opposing party

Counsel must serve 1 pre-marked exhibit set on the adversary at least 5 days before the final pretrial conference.

counsel shall provide one pre-marked set of exhibits for the adversary and two for the Court at least five days before the final pretrial conference.

Deadline

30 calendar days

Applies to

Initial discovery production

Service

Other to opposing party

Plaintiff must produce Initial Discovery to Defendant within 30 calendar days of Defendant filing a responsive pleading or motion.

The Plaintiff’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

Deadline

30 calendar days

Applies to

Initial discovery

Service

Other to opposing party

Defendant must provide initial discovery to Plaintiff within 30 days of submitting a responsive pleading or motion, unless the court orders otherwise.

The Defendant’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

Deadline

14 calendar days

Service

Other

Plaintiff must serve the default judgment motion and supporting papers and file an affidavit of service on ECF within 14 days of filing the motion.

The plaintiff must serve the motion for default judgment and supporting papers on the party against whom the default judgment is sought and file an affidavit of service on ECF within 14 days of filing the motion for default judgment.

Service

Other

After the Court sets a default judgment hearing, plaintiff must serve the motion papers and the Court's order, and file proof of service on ECF as directed.

If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the motion for default judgment and supporting papers; and (2) the Court's order setting a date and time for the default judgment hearing. The plaintiff must file on ECF proof of such service on the docket in the manner and by the date specified in the Court's order setting the default judgment hearing.

Deadline

30 calendar days

Applies to

Contention interrogatories

Service

Other

Contention interrogatories under Local Civil Rule 33.3(c) must be served no later than 30 days before the close of discovery, and no other interrogatories may be served without the Court's prior express permission.

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 30 days before the close of discovery. No other interrogatories are permitted except upon prior express permission of the Court.

Applies to

Rule 56 1 statement

Service

Electronic service to all parties

The summary judgment movant must provide all other parties an electronic Microsoft Word copy of its Rule 56.1 statement, and opposing parties must reproduce each entry directly beneath it.

Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts Pursuant to Local Rule 56.1. Opposing parties shall reproduce to each entry directly beneath it.

Applies to

Deposition excerpts and synopses

Service

Other to opposing party

Deposition excerpts offered as substantive evidence and their synopses must be served on opposing counsel.

Submit to the Court and serve on opposing counsel, but shall not electronically file, all deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.

Applies to

Direct testimony affidavits

Service

Other to opposing party

Affidavits constituting the direct testimony of trial witnesses must be served on opposing counsel.

Submit to the Court and serve on opposing counsel, but shall not electronically file, copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of (1) an adverse party, (2) a person whose attendance is compelled by subpoena, or (3) a person for whom the Court has agreed to hear direct testimony live at the trial.

Applies to

Scheduling order

Service

Other to opposing party

Once the filings are approved as to form and the Court issues its order, a copy of the scheduling order must be served on the opposing party and proof of service filed.

Once the filings are approved by the Clerk of Court as to their form, the Court will issue a order, including serving a copy of the scheduling order onto the opposing party and filings proof of service.

Applies to

Rule 56 1 statement

Service

Electronic service to all parties

Moving parties must serve Rule 56.1 Statements electronically in Microsoft Word format to all other parties.

Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1.

Applies to

Temporary restraining order

Service

Other to all parties

For TRO motions made on notice, moving parties must serve documents on parties not receiving electronic service via ECF.

Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via the ECF system.

Applies to

Motion for default judgment

Service

Other to opposing party

Plaintiff must serve default judgment motion and hearing order on defendant, then file proof of service per court order specifications.

If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the motion for default judgment and supporting papers; and (2) the Court’s order setting a date and time for the default judgment hearing. The plaintiff must file proof of such service on the docket in the manner and by the date specified in the Court’s order setting the default judgment hearing.

Deadline

0 calendar days

Applies to

Affidavit

Service

Other to opposing party

Affidavits must be served on opposing counsel at the time of joint pretrial order filing.

serve on opposing counsel, copies of affidavits constituting the direct testimony of each trial witness

Deadline

7 calendar days

Service

Electronic service

For motions under Fed. R. Civ. P. 26-37 and 45(d)(3), opposing papers must be served within 7 days of moving papers service, replies within 2 days of answering papers service; compute days per Fed. R. Civ. P. 6.

(a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6.

Deadline

14 calendar days

Service

Electronic service

For civil motions not under Rule 6.1(a) and not habeas petitions, opposing papers must be served within 14 days of moving papers service.

(b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6.

Deadline

14 calendar days

Applies to

Notice of motion

Service

Electronic service

Motions for reconsideration must be served within 14 days of the entry of the challenged court order, unless otherwise provided.

Unless otherwise provided by the court or by statute or rule (such as Fed. R. Civ. P. 50, 52, and 59), a notice of motion for reconsideration must be served within 14 days after the entry of the court’s order being challenged.

Applies to

Rule 56 1 statement

Service

Electronic service to all parties

When all parties are represented by counsel, the moving party for summary judgment must provide an electronic copy (standard word processing format) of their Statement of Material Facts to all other parties.

In any case where all parties are represented by counsel, any party moving for summary judgment must provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts.

Applies to

Order to show cause

Service

Personal service to opposing party

After the Judge signs the Order to Show Cause, serve a conforming copy of the Order and supporting papers on the defendant by FRCP 4(e)(2) methods, a previously approved alternative method, or another method explained in the attorney affidavit.

After the Judge signs the Order to Show Cause, serve a conforming copy of the Order and the supporting papers on the defendant by the following methods of service: A. one of the methods described in Federal Rule of Civil Procedure 4(e)(2), B. any alternative method previously approved by the Court in this case, or C. other alternative method explained in the attorney affidavit.

Applies to

Statement of material facts

Service

Electronic service to all parties

Moving parties in summary judgment cases with all counsel must provide electronic word-processing copy of Statement of Material Facts to other parties.

As required by Local Civil Rule 56.1(e), in any case where all parties are represented by counsel, any party moving for summary judgment must provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts.

Service

Email to clerk

Voir dire questions, joint requests to charge, and joint verdict form must be emailed to Judge Briccetti’s law clerk in addition to normal filing.

In addition to being filed in the normal manner, voir dire questions, joint requests to charge, and a joint verdict form should be emailed to Judge Briccetti’s law clerk.

Service

Other to opposing party

After the Order to Show Cause is signed and docketed, a copy must be served on defendant(s) as directed.

After Judge Briccetti signs and dockets the Order to Show Cause, serve a copy of the Order and attachments on defendant(s) as directed.

Service

Mail to court

Pro se parties must mail all communications with the Court to the Pro Se Intake Unit at 500 Pearl St., Room 230, New York, NY 10007.

By Standing order, a pro se party must mail all communications with the Court to the Pro Se Intake Unit located at 500 Pearl St., Room 230, New York, NY 10007.

Service

Mail to all parties

If any other party is not an ECF user, a pro se party must send copies of any filing to that party and include proof of service.

If any other party is not a user of the ECF System (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to the party and include proof of service affirming that he or she has done so.

Applies to

Submission

Service

Other to opposing party

Counsel must provide pro se litigants with printed copies of any cited decisions reported exclusively in computerized databases, as required by Local Civil Rule 7.2.

As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are reported exclusively in computerized databases.

Service

Mail to all parties

Each party must file an original Pretrial Statement with the Pro Se Office, serve a copy on all other parties or their counsel, and the original must indicate the date the copy was mailed.

The party must file an original Pretrial Statement with the Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to the other party or that party's attorney.

Service

Electronic service to all parties

Plaintiff's counsel (or Defendant's counsel in removed actions) must promptly distribute copies of the Notice of Initial Pretrial Conference to all parties.

Plaintiff’s counsel (or, in removed actions, Defendant’s counsel) is responsible for promptly distributing copies of the Notice to all parties.

Service

Other

When a TRO motion is made on notice, the moving party should simultaneously serve documents on any party that will not receive electronic service via ECF.

Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via ECF.

Applies to

Motion

Service

Other

Motions addressing evidentiary issues must be filed and served at the time the joint pretrial order is filed in a jury case.

File and serve motions addressing any evidentiary issues or other matters

Applies to

Hipaa medical records release

Service

Other to opposing party

If applicable, plaintiffs must provide HIPAA-compliant medical records release authorizations to defendants by the deadline set in the Case Management Plan (date left blank in the form).

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ________________________________.

Service

Personal service to court

Pro se submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit.

Submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit.

Service

Personal service to court

Hand-delivered mail must be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.

Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.

Deadline

0 calendar days

Applies to

Proposed case management plan

Service

Mail to opposing party

The represented party must simultaneously mail a copy of the Proposed Case Management Plan for Pro Se Cases to the pro se party.

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.

Service

Electronic service to all parties

Pro se communications with the Court are docketed upon receipt, and that docketing constitutes service on any ECF system user, unless the Court orders otherwise.

Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system.