Southern District of New York Service and Proof of Service Rules

CRITICALCivil cases

Deadline

45 calendar days

Unless the parties agree otherwise, each party opposing infringement must serve its Invalidity Contentions on all parties no later than 45 days after service of the infringement contentions.

Unless otherwise agreed to by the parties, no later than 45 days after service upon it of the Disclosure of Asserted Claims and Infringement Contentions, each party opposing a claim of patent infringement shall serve on all parties its “Invalidity Contentions,” which shall contain the following information:

CRITICALCivil cases

Applies to

Claim construction brief

The plaintiff must serve its opening and reply briefs and the defendant its answering and sur-reply briefs; these briefs are served but not filed.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _____________. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on ________________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _______________. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _____________.

CRITICALCivil cases

Applies to

Affidavit

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

serve on opposing counsel

CRITICALCivil cases

Applies to

TRO application

Service

Electronic service to all parties

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.

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.

CRITICALCivil cases

Applies to

Calculation files

Service

Email

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;

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Disclosure of asserted claims and infringement contentions

A party claiming patent infringement must serve its Disclosure of Asserted Claims and Infringement Contentions on all parties by the specified deadline, unless the parties agree otherwise.

Unless otherwise agreed to by the parties, no later than ____________, a party claiming patent infringement shall serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions.”

CRITICAL

Applies to

Sentencing submission

A defendant must serve the sentencing submission two weeks before the sentencing date.

A defendant’s sentencing submission must be served two weeks in advance of the date set for sentence.

CRITICAL

Applies to

Order to show cause

Counsel must file proof of service of the OSC on the client before the return date.

Before the return date, counsel must file proof of service of the OSC on the client.

CRITICAL

Applies to

Rule 56 1 statement

Service

Electronic service to all parties

In summary-judgment motions, the moving party must provide all other parties an electronic copy of its Rule 56.1 statement, except in pro se cases where a moving or non-moving party lacks access to word processing.

Except in pro se cases where the moving or non-moving party does not have access to word processing, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1.

CRITICAL

Applies to

Sentencing submission

The Government must serve its sentencing submission one week before the sentencing date.

The Government’s sentencing submission must be served one week in advance of the date set for sentence.

CRITICAL

Deadline

3 business days

Applies to

Proof of service

Proof of service of the Order to Show Cause and supporting documents must be electronically filed three business days before the return date.

5. Proof of service on the defendant of a copy of the Order to Show Cause and supporting documents must be electronically filed three (3) business days in advance of the return date.

CRITICAL

After the signed Order to Show Cause is docketed, the moving party must serve it and its supporting documents on the defendant as directed in the order.

4. After the Judge signs the Order to Show Cause, it will be docketed. The moving party must then serve a copy of the Order to Show Cause, and the supporting documents, on the defendant as directed in the Order to Show Cause

CRITICAL

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.

CRITICAL

Applies to

Initial discovery production

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.

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.

CRITICAL

Applies to

Initial discovery

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.

CRITICAL

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.

CRITICAL

Applies to

Motion for default judgment

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:

CRITICAL

Applies to

Motion for reconsideration

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.

CRITICAL

Applies to

Initial discovery

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.

CRITICAL

Applies to

Reply paper

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

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

CRITICAL

Applies to

Answering paper

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.

CRITICAL

Applies to

Sentencing submission

A defendant must serve the sentencing submission eight days before the sentencing date.

A defendant's sentencing submission shall be served **eight (8) days** in advance of the date set for sentence.

CRITICAL

Applies to

Sentencing submission

The Government must serve its sentencing submission five days before the date set for sentence.

The Government's sentencing submission shall be served **five (5) days** in advance of the date set for

CRITICAL

Applies to

Rule 404(b) notice

A Rule 404(b) notice must be served 30 days before trial.

i. Any Rule 404(b) notice shall be served thirty (30) days prior to the commencement of trial.

CRITICALCriminal cases

Applies to

Sentencing submission

Unless the Court orders otherwise, the defendant’s sentencing submission must be served two weeks before sentencing.

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing.

CRITICALCriminal cases

Applies to

Sentencing submission

The Government’s sentencing submission must be served one week before sentencing.

The Government’s sentencing submission shall be served one week in advance of the date set for sentencing.

CRITICALCivil cases

Applies to

Default judgment

All documents supporting a default-judgment request must be personally served on or mailed to the party against whom default judgment is sought.

H. a certificate of service stating that all documents in support of the request for default judgment have been personally served on or mailed to the party against whom default judgment is sought, pursuant to Local Civil Rule 55.2(a)(3).

CRITICALCivil cases

Applies to

Rule 56 1 statement

Service

Electronic service

A counseled party moving for summary judgment must provide all other parties an electronic copy of its Rule 56.1 Statement in a standard word processing format.

Any party represented by counsel that moves for summary judgment shall provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1 (“Rule 56.1 Statement”).

CRITICALCivil cases

Applies to

Proposed findings conclusions

In a non-jury case, each party must file and serve proposed findings of fact and conclusions of law when the joint pretrial order is filed.

At the time the joint pretrial order is filed in a non-jury case, each party shall file and serve proposed findings of fact and conclusions of law.

CRITICALCivil cases

Copies of the letter-motion must be delivered to all counsel simultaneously with the email submission.

Such letter-motions may be emailed to VargasNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel.

CRITICALCivil cases

Applies to

Motion in limine

When the joint pretrial order is filed, the parties must file and serve motions on evidentiary issues or other matters that should be resolved in limine.

At the time the joint pretrial order is filed, the parties shall file and serve motions addressing any evidentiary issues or other matters which should be resolved in limine.

CRITICALCivil cases

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.

CRITICALCivil cases

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 paperwork 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.

CRITICALCivil cases

Applies to

Contention interrogatories

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.

CRITICAL

Deadline

2 calendar days

Applies to

Sentencing submission

Unless the Court orders otherwise, the defendant must serve the sentencing submission two weeks before sentencing.

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two (2) weeks in advance of the date set for sentencing;

CRITICAL

Applies to

56.1 statement

Except in pro se cases, the moving party must provide every other party with an electronic copy of its 56.1 Statement.

Except in pro se cases, the moving party shall provide all others parties with an electronic copy of the moving party’s 56.1 Statement.

CRITICAL

Deadline

1 calendar days

Applies to

Sentencing submission

The Government must serve its sentencing submission one week before sentencing.

The Government’s sentencing submission shall be served one (1) week in advance of the date set for sentencing.

CRITICAL

After the Judge signs the Order, make two conforming copies, leave one with Chambers, and serve one on the defendant.

After the Judge signs the Order, make two conforming copies of the Order and the attachments. Leave one copy with Chambers, and serve one copy on the defendant.

CRITICAL

Counsel must simultaneously receive copies of faxed or emailed Chambers communications.

Faxes and email communications to Chambers are permitted only if copies are also simultaneously faxed or emailed to all counsel.

CRITICALCriminal cases

Applies to

Sentencing memorandum

A defendant must serve the sentencing submission, including any departure application, two weeks before sentencing.

A defendant's sentencing submission, including any departure application, shall be served two weeks in advance of the date set for sentence.

CRITICALCriminal cases

Applies to

Sentencing memorandum

The Government must serve its sentencing submission, including any departure application, one week before sentencing.

The Government's sentencing submission, including any departure application, shall be served one week in advance of the date set for sentence.

CRITICALCivil cases

Applies to

Deposition excerpts and synopses

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.

CRITICALCivil cases

Applies to

Direct testimony affidavits

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

Applies to

Sentencing submission

A defendant must serve the sentencing submission two weeks before the sentencing date.

A defendant's sentencing submission shall be served two weeks in advance of the date set for sentence.

CRITICALCriminal cases

Applies to

Sentencing submission

The government must serve its sentencing submission one week before the sentencing date.

The government's sentencing submission shall be served one week in advance of the date set for sentence.

CRITICALCriminal cases

The Government must serve its sentencing submission on the defendant and email it to Chambers no later than one week before sentencing.

The Government’s sentencing submission shall be served on the defendant and e-mailed to Chambers no later than one week before the date set for sentencing.

CRITICALCivil cases

Applies to

Temporary restraining order

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.

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.

CRITICALCriminal cases

Deadline

2 calendar days

Unless the Court orders otherwise, the defendant must serve the sentencing submission on the Government and email it to Chambers no later than two weeks before sentencing.

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served on the Government and e- mailed to Chambers no later than two weeks before the date set for sentencing.