Southern District of New York Service and Proof of Service Rules

CRITICALCriminal cases

Applies to

Sentencing submission

A defendant must serve the sentencing submission, including supporting letters, two weeks before sentencing.

A defendant’s sentencing submission, including letters on the defendant’s behalf, shall be served two weeks in advance of the date set for sentence.

CRITICAL

Applies to

Notice

A party filing one of the specified motions must provide the pro se party with the notices required by Local Civil Rule 12.1 or 56.2.

Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

CRITICAL

Applies to

Pretrial statement

A pro se plaintiff must serve the Pretrial Statement on all defendants or, if represented, their counsel.

The pro se plaintiff shall file an original, plus one courtesy copy, of this Statement with the Pro Se Office and serve a copy on all defendants or their counsel if they are represented.

CRITICALCriminal cases

Applies to

Sentencing submission

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

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

CRITICAL

A submission without proof that the pro se party was served will not be considered.

Submissions filed without proof of service that the pro se party was served will not be considered.

CRITICAL

Counsel must serve a pro se party with a paper copy of every electronically filed document and file a separate Affidavit of Service.

Counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service.

CRITICALCivil cases

Applies to

Motion for default judgment

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

Applies to

Rule 56 1 statement

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

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.

CRITICAL

Applies to

Order to show cause

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.

CRITICALCivil cases

Default-judgment applications must provide reasonable notice by an authorized method, with specified methods for domestic and international parties.

Applications for default judgments must comply with Local Civil Rule 55.1 and 55.2 and must provide reasonable notice to the party against whom default shall be entered by: 1. First-class mail or courier, if the party is domestic; 2. Courier, if the party is international; or 3. Any method authorized by Rule 4 of the Federal Rules of Civil Procedure.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Email

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.

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.

CRITICALCivil cases

Service

Email to all parties

Copies of the completed form must be sent to all other parties simultaneously with its email to the Court.

Counsel of record for each party must complete and sign this form and email it to the Court at Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later than one week (seven calendar days) before the parties’ scheduled settlement conference.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Submission

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.

CRITICAL

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.

CRITICAL

A party receiving a Third Party production must provide a copy to all other parties.

Any party that receives a production from a Third Party must provide a copy of that production to all other parties in this action.

CRITICAL

Counsel must give pro se litigants printed copies of cited decisions that are unreported or available only in computerized databases.

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 unreported or reported exclusively on computerized databases.

CRITICAL

Applies to

Notice

When a dismissal or pleadings-judgment motion against a pro se litigant refers to matters outside the pleadings, counsel must serve and file the Local Civil Rule 12.1 notice.

Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, counsel must serve and file the notice set forth in Local Civil Rule 12.1.

CRITICAL

A pro se party must send each filing to any party who is not an ECF user 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.

CRITICAL

Service

Electronic service to all parties

Unless the Court orders otherwise, communications are docketed upon receipt, and docketing constitutes service on every ECF user.

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.

CRITICAL

The party must file the original Pretrial Statement with the Pro Se Office and serve a copy on every other party or represented party’s counsel.

The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented.

WARNINGCivil cases

Applies to

Initial requests for production

Initial Rule 34 document requests must be served by the deadline set in the order, ordinarily no more than 30 days after the Initial Pretrial Conference absent exceptional circumstances.

Initial requests for production of documents pursuant to Fed. R. Civ. P. 34 shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]

WARNINGCivil cases

Applies to

Temporary restraining order motion

For a TRO motion made on notice, the moving party should simultaneously serve the documents on any party who will not receive ECF electronic service.

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.

WARNINGCivil cases

Applies to

Interrogatories

Initial interrogatories under Local Rule 33.3(a) must be served by the deadline set in the order, ordinarily no more than 30 days after the Initial Pretrial Conference absent exceptional circumstances.

Interrogatories pursuant to Local Rule 33.3(a) shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Motion

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

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Hipaa medical records release

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 ________________________________.

WARNING

The initial pretrial conference notice will be available on ECF, and plaintiff’s counsel must distribute it to all parties.

The Notice of Initial Pretrial Conference will be made available on ECF and the plaintiff’s counsel will be responsible for distributing copies to all parties.

WARNING

Applies to

Proposed case management plan

Service

Mail to opposing 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.

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.

WARNING

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.

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.

WARNING

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.

WARNING

Service

Electronic service to all parties

A nonincarcerated pro se party may opt into electronic service instead of regular mail by filing the specified consent and registration form.

Any nonincarcerated pro se party who wishes to receive documents in their case electronically (by email) instead of by regular mail may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/node/845.

INFO

Service

Electronic service

Pro se parties are encouraged, but not required, to consent to electronic service using the Court's form.

Pro se (unrepresented) parties are encouraged to consent to electronic service (via the Consent to Electronic Service form available on the Court’s website).

INFO

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.

CRITICALCivil cases

Applies to

Scheduling order

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Affidavit

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