Southern District of New York Service and Proof of Service Rules

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.

Source text: 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.

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

Source text: 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;

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

Source text: 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.

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

Source text: serve on opposing counsel

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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