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

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

Source text: 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:

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

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

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

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

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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.

Source text: (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.

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.

Source text: (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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

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