Judge Valerie E. Caproni
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 1 copy • Hand Delivery • Within 2 Business Days
- With Bundled Motion
Filings > 20 pages
- 1 copy
Formal Motion Papers
- 1 copy • When Fully Briefed
Joint Pretrial Order
- 2 copies • Hand Delivery
Adjournments
- Non-compliance with adjournment/extension rules may result in denial.
- Adjournment/extension requests must be by letter and include 5 required elements.
- Initial pretrial conference adjournment requests must follow Rule 2(C) and propose Friday morning dates.
Request must include
- Adjournment/extension requests must be made at least 48 business hours in advance (unless emergency).
- Adjournment requests must include specific elements and be submitted 48 hours in advance (except emergencies).
Communication
Chambers
Page & Word Limits2 rules
Word limits: 8,750 for attorney/computer briefs, 25 pages for pro se/handwritten; reply limits 3,500 words/10 pages
- Memorandum of law for attorneys
- Up to 8,750 words
- Memorandum of law for self-represented parties
- Up to 25 pages
- Reply brief for attorneys
- Up to 3,500 words
- Reply brief for self-represented parties
- Up to 10 pages
Court's wording
If filed by an attorney or prepared with a computer, unless otherwise provided by statute or rule, memoranda of law in support of and in opposition to motions are limited to 8,750 words and reply memoranda are limited to 3,500 words. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, in support of and in response to a motion must not exceed 25 pages, and reply briefs must not exceed 10 pages.
Unless otherwise ordered by the Court or in exceptional circumstances, letters should generally not exceed five pages in length.
- Letter
- Up to 5 pages
Document Format Requirements6 rules
Letters must be filed electronically on ECF unless there is a request to file a letter under seal or a letter contains sensitive or confidential information
Memoranda must use 1-inch margins, double-spacing, Times New Roman 12pt, footnotes min 10pt
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Court's wording
All memoranda must be formatted with one-inch margins and double-spaced and all text must be in Times New Roman, 12-point font. Footnotes may be in smaller font, but in no case smaller than 10-point font.
Parties may not submit materials on flash or thumb drives.
Formatting
- •No flash or thumb drives
The exhibit list must be in large font and consist of a chart with four columns labeled: “Exhibit Number,” “Document Description,” “Identified,” and “Admitted” (with the last two columns left blank).
The exhibit list must be emailed to the Court in both PDF and Microsoft Word or Microsoft Excel formats.
Mobile phones are permitted inside the Courtroom, but they must be kept turned off at all times.
Document Filing Requirements45 rules
All counsel must file Notices of Appearance on ECF before appearing for a conference or filing any materials on ECF.
In all correspondence with the Court containing a request, the requesting party must indicate whether its adversary consents to the request.
Proposed orders/stipulations/judgments must be submitted as attachments to ECF letters.
Court's wording
All proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to a letter to the Court filed on ECF explaining the purpose of the proposed order, stipulation, or judgment.
Memoranda of 10 pages or more must contain a table of contents and a table of authorities, which do not count toward the word limit.
Attorney/computer briefs require word count certificate (excluded from limit)
- Document
- Memorandum of law
Must include
- •Word count
Court's wording
If a memorandum is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word‐count limitations. The person preparing the certificate may rely on the word count of the word‐processing program used to prepare the document. The certificate must state the number of words in the document. The text in the certificate does not count toward the word- count limitation.
Exhibit lists must take the following form: Plaintiff's Exhibits Ex. Description Objection Response P-1 -- -- -- Defendant's Exhibits Ex. Description Objection Response D-1 -- -- --
Proposed requests to charge must include citations to supporting legal authority.
- Document
- Proposed requests to charge
Must include
- •Citations to legal authority
Full deposition transcripts must be submitted electronically in text-searchable format on JPTO due date, with designated testimony highlighted (yellow for no objection, pink for objection).
- Document
- Deposition transcripts
Must include
- •Text-searchable format
Court's wording
Full transcripts of any depositions from which designations have been made must be submitted electronically in a text-searchable format, either on ECF or by email to CaproniNYSDChambers@nysd.uscourts.gov on the same day as the JPTO is due. Designated testimony must be highlighted in yellow if there is no objection and in pink if there is an objection.
Deposition designations must be organized chronologically by witness and must take the following form: John Doe Designating Party Page Range Objection Response [Page #]:[line #] – Plaintiff/Defendant -- -- [Page #]:[line #] [Page #]:[line #] – Plaintiff/Defendant
Each party must also submit an Exhibit List, formatted as follows: Ex. Description Identified Admitted [D/P]-1 -- -- --
- Document
- Trial exhibit list
Must include
- •Exhibit list
Trial exhibits must be submitted electronically as text-searchable copies with pre-marked exhibit numbers via password-protected file-sharing site.
- Document
- Trial exhibits
Must include
- •Pre-marked exhibit numbers
Court's wording
Each party shall submit to the Court electronic, text-searchable copies of all exhibits sought to be admitted with pre-marked exhibit numbers by emailing Chambers (CaproniNYSDChambers@nysd.uscourts.gov) a link to a password- protected file-sharing site (e.g., Sharefile).
Full deposition transcripts for impeachment must be submitted electronically with JPTO in text-searchable format.
- Document
- Impeachment deposition transcripts
Must include
- •Text-searchable format
Court's wording
To the extent a party intends to use, for impeachment purposes, a deposition transcript of any witness who will be testifying in person at trial, the full transcript of the appropriate deposition must also be electronically submitted to the Court with the JPTO in a text-searchable format either on ECF or by email.
Email, in Microsoft Word format, the Proposed Order to Show Cause and Proposed Default Judgment to Chambers at CaproniNYSDChambers@nysd.uscourts.gov.
- Document
- Default judgment
Include
- •Proposed order
56.1 Statements must be numbered paragraphs with one factual assertion each, supported by citations.
- Document
- 56.1 statement
Must include
- •Numbered paragraphs
Court's wording
The 56.1 Statement must be organized into numbered paragraphs, and each numbered paragraph must contain only one factual assertion. Each factual assertion must be supported by a citation to the portion(s) of the evidentiary record relied upon to support the factual assertion. As required by Local Rule 56.1(e), the moving party shall provide all opposing or cross-moving parties with a Microsoft Word version of the 56.1 Statement so that the opposing or cross-moving party may incorporate their responses into a single document, as discussed below.
If the opposing or cross-moving party makes additional factual allegations, that party must provide the moving party with a Microsoft Word version of its 56.1 Counterstatement. The moving party must file a responsive 56.1 Statement using the same method described above (i.e., by reproducing the entire set of 56.1 Statements and Responses, the opposing or cross-moving party's additional allegations, and the moving party's responses thereto).
Any attorney seeking to bring such equipment into the Courthouse should e-mail a proposed order to Chambers at least 10 business days in advance of the relevant trial or hearing requesting permission to use such equipment.
- Document
- Electronic device permission
Should include
- •Proposed order
56.1 Counterstatements must reproduce moving party's statements and respond beneath each allegation.
Court's wording
Opposing or cross-moving parties must reproduce each entry in the moving party's 56.1 Statement and set out the opposing party's response directly beneath each allegation in a 56.1 Counterstatement. The response must state specifically what is admitted and what is disputed, as well as the basis for any dispute and citations to specific portions of the evidentiary record that supports the existence of a genuinely disputed fact.
Multiple parties must coordinate 56.1 Statements to avoid overlapping numbered paragraphs.
- Document
- 56.1 statement
Must include
- •Consecutive non-overlapping paragraphs
Court's wording
If multiple parties are submitting 56.1 Statements in support of or opposition to the same motion, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.
Non-moving party must address leave to amend in response if not amending pleading.
Court's wording
If the Plaintiff (or cross- or counter-claimant) elects not to amend its pleading in response to a motion to dismiss, the motion will proceed in the normal course, pursuant to the briefing schedule set by the Court (or, in the absence of a specific order, pursuant to the briefing schedule set forth in Local Civil Rule 6.1(b)). In that situation, the non- moving party must address in its response whether it seeks leave to amend in the event the motion is granted.
Plaintiff has 21 days to amend pleading after motion to dismiss; must file redlined version.
- Document
- Amended pleading
Must include
- •Redlined version
Court's wording
If a motion to dismiss is filed, the Plaintiff (or cross- or counter-claimant) has a right to amend its pleading within 21 days of the motion, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). If the Plaintiff (or cross- or counter- claimant) elects to amend its pleading, the previously filed motion to dismiss will be denied as moot, and the moving party shall, within 21 days of such amendment: (1) answer or (2) again move to dismiss. If the Plaintiff (or cross- or counter-claimant) elects to amend its pleading, it must file a redlined version of the amended pleading comparing the revisions made to the prior version of the pleading.
Motions in limine must be filed no later than four weeks before trial.
Court's wording
In both jury and non-jury cases, unless a different schedule has been set by the Court, the parties shall file any motions that address evidentiary issues or other matters that should be resolved in limine no later than four weeks before trial.
Electronic exhibits must be provided on CD or file transfer link.
Court's wording
If submissions include exhibits, the submitting party must also provide Chambers with a CD or a file transfer link containing electronic, text-searchable copies of any exhibits that cannot be submitted as a single file on ECF (e.g., video files or very long documents).
ECF letter required for sealing/redaction requests with specific content.
Court's wording
File a letter on ECF that: (a) requests the redactions or sealing; (b) indicates whether the party’s adversary consents to the redactions or sealing; and (c) explains why redactions or sealing are appropriate, in light of the presumption of access to the federal courts;
Any discovery motion must contain the required Rule 16.1 affidavit.
At least 48 hours prior to the hearing, the Government must email to Chambers any plea agreement, cooperation agreement, Pimentel letter, and/or superseding charging instrument.
- Document
- Change of plea hearing
Must include
- •Plea agreement
- •Pimentel letter
- •Cooperation agreement
- •Superseding charging instrument
Requests to charge and proposed voir dire questions must be submitted to the Court at least two weeks prior to trial, unless otherwise ordered.
All exhibits must be pre-marked.
- Document
- Exhibit
Must include
- •Pre-marked
At least one week prior to trial, the Government must submit to the Court an exhibit list and copies of all exhibits that it intends to use in its case-in-chief by file transfer portal (e.g., USAfx).
The parties' sentencing submissions must be filed at least two weeks prior to sentencing, unless otherwise ordered.
During trial, if either the Government or the Defense identify or admit any exhibit that has not previously been submitted to the Court, that party must
Mobile phones allowed in courtroom but must be turned off; non-compliance may result in forfeiture.
Court's wording
Mobile phones are permitted inside the courtroom, but they must be kept turned off at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.
The Government is encouraged to adhere to its customary practice of producing § 3500 material prior to trial. If the Government adheres to this practice, it must submit all § 3500 material to the Court in electronic format by file transfer portal (e.g., USAfx) at least one week prior to trial.
The Court strongly prefers to resolve objections to exhibits prior to the time that trial sessions begin each day. If the parties anticipate prolonged arguments regarding the admissibility of any evidence, they are urged to raise the issue with the Court in advance, so that the Court can hold a conference prior to the time that the trial session is scheduled to begin. All parties must be prepared to appear for such a conference as early as 9:00 a.m. on any day during trial.
Court order required for laptops/tablets or personal devices without service pass; request must be emailed to Chambers 10 business days in advance.
Court's wording
Prior court order is required for an attorney to bring into the courthouse any general purpose computing device, such as a laptop or tablet, or any other electronic equipment that does not qualify as a “personal electronic device” pursuant to Revised Standing Order M10-468. In addition, prior court order is required for any attorney who has not obtained a service pass from the District Executive’s Office and wishes to bring a personal electronic device into the courthouse. Any attorney seeking to bring such equipment into the courthouse should e-mail a proposed order to Chambers at least 10 business days in advance of the relevant trial or hearing requesting permission to use such equipment.
Counsel must serve paper copies to pro se parties not on ECF and include proof of service.
- Document
- All documents
Must include
- •Certificate of service
Court's wording
Except for cases in which the pro se party has received permission to participate in ECF or has consented to electronic service, counsel in cases involving pro se parties must serve the pro se parties with paper copies of any document that is filed electronically or otherwise submitted to the Court and must attach a separate proof of service. Submissions without such proof of service will not be considered.
Two weeks after service of the pro se party's Statement, the other party or his or her counsel must file and serve a similar Statement containing the same categories of information.
Absent a request to file a letter under seal, any substantive letter or email received by the Court that is not filed electronically on ECF will be docketed by the Court.
Proposed voir dire questions should be limited to questions tailored to issues of significance to the particular case. The parties should not include questions designed to adduce standard biographical information, to learn about potential conflicts related to the parties or the attorneys, or to ascertain biases regarding civil cases generally.
Responses to motions in limine shall be filed no later than
Unless otherwise ordered by the Court, the Court will not hear oral argument in pro se matters.
When preparing objections, the opposing party should assume that the proponent of the exhibit will be able to authenticate the document and lay an evidentiary foundation for its admission into evidence. If, however, based on discussions with counsel or knowledge of the case, the opposing party has a good faith basis to believe the exhibit cannot be authenticated or that a foundation cannot be established, then the opposing party should object on that basis.
Proposed voir dire questions should also include a list of persons and places that may be mentioned during the trial.
Proposed voir dire questions should include only those questions unique to the facts of the case being tried.
Trials held Mon-Thu 9:30 AM-5:00 PM; Fridays for slow trials or deliberation.
Court's wording
The Court generally holds trials on Mondays through Thursdays between 9:30 a.m. and 5:00 p.m. The Court may also sit for trial on Fridays if trial proceeds slowly (or as otherwise needed). The Court will generally allow jurors to deliberate on Fridays.
The Court selects jurors using a struck-panel method.
Filing & Service rules
Courtesy Copy Requirements
Microsoft Word version of proposed orders must be emailed to Chambers.
The parties must also email a Microsoft Word version to the Court at CaproniNYSDChambers@nysd.uscourts.gov.
Civil cases
Page 2 | Communications with Chambers
Courtesy copies (tabbed 3-ring binder) due 2 business days after reply service
Not later than two (2) business days after the reply has been served, the movant must mail or hand-deliver to the Court one courtesy copy of all papers relevant to the motion, including those opposing the motion, in a tabbed three-ring binder. Exhibits (if any) must also be organized in a tabbed three-ring binder.
Civil cases
Page 4 | C. Courtesy Copies
Courtesy copies of Supporting Papers must be provided to Chambers.
Provide a courtesy copy of the Supporting Papers to Chambers.
Civil cases
Courtesy copies required for non-electronic sealed documents over 20 pages
b. If the document(s) exceeds 20 pages, provide a courtesy copy of the relevant document(s) to Chambers via mail or hand-delivery.
Civil cases
Two courtesy copies of Proposed Findings of Fact and Conclusions of Law must be mailed or hand-delivered to Chambers, plus emailed Word versions.
The parties must also mail or hand-deliver to Chambers two (2) courtesy copies of the Proposed Findings of Fact and Conclusions of Law, as well as email Microsoft Word versions of these items to CaproniNYSDChambers@nysd.uscourts.gov.
Civil cases
Two courtesy copies of JPTO required, plus Word version by email.
The parties must also mail or hand-deliver to the Court two (2) courtesy copies of the JPTO, in addition to emailing a Microsoft Word version to CaproniNYSDChambers@nysd.uscourts.gov.
Civil cases
Courtesy copies required for submissions over 20 pages.
When a submission (including letters, briefs, motions, and other documents) exceeds 20 pages in length, the submitting party must both file the submission on ECF and deliver a courtesy hard copy to Chambers by mail or hand delivery.
Criminal cases
Page 1 | Communications with Chambers
All motions require ECF filing and courtesy copies to Court.
All parties must submit motion papers on ECF and must submit courtesy copies to the Court, following Rule 2.B above.
Criminal cases
Page 3 | Motions
Requests to charge and voir dire questions require ECF filing and Word courtesy copies.
The parties must submit these materials on ECF and must submit courtesy copies to the Court in Word by the Court-ordered deadline.
Criminal cases
Page 4 | Trials
Courtesy copies of sentencing submissions and letters must be submitted to Chambers.
Courtesy copies of written sentencing submissions and letters must be submitted to Chambers, following Rule 2.B above.
Criminal cases
Page 4 | Sentencings
One courtesy copy of all formal motion papers, marked as such, should be submitted to Chambers by the non-pro se party at the time the reply is fully briefed. Courtesy copies should not be submitted to chambers at the time of filing. If all parties are pro se, then courtesy copies of formal motion papers are not required.
One courtesy copy of all formal motion papers, marked as such, should be submitted to Chambers by the non-pro se party at the time the reply is fully briefed. Courtesy copies should not be submitted to chambers at the time of filing. If all parties are pro se, then courtesy copies of formal motion papers are not required.
Email password-protected link to transcripts/videos if not single ECF file
Unless doing so would be unduly burdensome, the movant must also email Chambers (CaproniNYSDChambers@nysd.uscourts.gov) a link to a password-protected file-sharing site (e.g., Sharefile) that contains text-searchable copies of any hearing or deposition transcripts, as well as any other item on which the parties rely that cannot be submitted as a single file on ECF (e.g., videos or very long documents).
Civil cases
Page 4 | C. Courtesy Copies
Courtesy copy rules also apply to bankruptcy appeals
The same rules apply to appellants seeking review of a bankruptcy court decision.
Civil cases
Page 4 | C. Courtesy Copies
Sealing & Redaction Procedures
Approved non-electronic sealed filings must be submitted to Sealed Records Department with order, unredacted copies, and PDF CD
If the request to file under seal or in redacted form using non-electronic filing is approved, the party that made the request must: a. File with the Sealed Records Department: 1 (1) a copy of the Court’s order granting the redaction/sealing request; (2) an unredacted copy of the document(s) that were the subject of the redaction/sealing request; and (3) a CD containing electronic copies, in PDF format, of the unredacted document(s) that were the subject of the redaction/sealing request.
Civil cases
File, under seal on ECF, the documents that are the subject of the sealing or redaction request. If a party is filing a motion for redactions, the proposed redactions must be highlighted in the unredacted document(s) filed under seal. The sealed documents must also be marked in the ECF system as related to the letter motion. Note: the summary docket text associated with the sealed document will be visible to the public and should not include any information sought to be filed under seal.
File, under seal on ECF, the documents that are the subject of the sealing or redaction request. If a party is filing a motion for redactions, the proposed redactions must be highlighted in the unredacted document(s) filed under seal. The sealed documents must also be marked in the ECF system as related to the letter motion. Note: the summary docket text associated with the sealed document will be visible to the public and should not include any information sought to be filed under seal.
Civil cases
Documents in sealed cases or previously ordered sealed documents must be filed under seal on ECF with courtesy copy to chambers if over 20 pages.
If a case is entirely under seal or if the Court previously ordered that certain documents be filed under seal or with specific redactions, a party need not again request permission to file under seal. The party must file any such document electronically on ECF, under seal, and provide, via mail or hand-delivery, a courtesy copy to Chambers if the document exceeds 20 pages.
Civil cases
Non-electronic sealing requires explanation of why ECF sealing cannot be used
Any party seeking to seal or redact a document without filing the relevant documents on ECF must explain in the party’s letter motion requesting sealing or redactions why the party is unable or unwilling to use electronic sealing on ECF.
Civil cases
Rule 5.2(a) redactions don't need court approval but require filing unredacted version under seal or emailing to chambers.
Redactions made pursuant to Federal Rule of Civil Procedure 5.2(a) do not require Court approval, but the parties must either file the unredacted document(s) under seal on ECF or email the unredacted document(s) to Chambers, at CaproniNYSDChambers@nysd.uscourts.gov.
Civil cases
File letter motion requesting sealing/redaction in public view on ECF.
File, in public view on ECF, the letter motion requesting sealing or redaction.
Civil cases
Non-electronic sealed documents must be emailed to Chambers; non-sensitive documents must also be filed on ECF
The moving party must also: a. Follow the instructions for Electronic Filing (Rule 5(B)), except that any documents that would otherwise be filed under seal on ECF must be emailed to Chambers (CaproniNYSDChambers@ nysd.uscourts.gov). The party may transmit documents as attachments or via a link to a drop box from which the Court may download the documents. Any documents that do not contain sensitive information must be electronically filed on ECF, in addition to being emailed to Chambers. Unless a party seeks to file a redacted or sealed document ex parte, opposing counsel must be copied on to all communications with the Court.
Civil cases
File supporting papers as separate ECF entry, may be under seal/redacted only as necessary.
File, as a separate entry on ECF, any papers in support of the letter motion. Supporting papers may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Civil cases
Non-Rule 5.2(a) redactions/sealing require letter motion explaining why sealing is appropriate under Lugosch presumption of access.
Any party wishing to file any document, or any portion thereof, in redacted form or under seal for reasons other than Rule 5.2(a) of the Federal Rules of Civil Procedure must file a letter motion requesting permission from the Court to do so. The letter must explain why sealing is appropriate in light of the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006).
Civil cases
File redacted versions of documents in public view on ECF.
File, in public view on ECF, the redacted versions of any documents that are the subject of a motion to redact.
Civil cases
Redacted information must be highlighted in unredacted copy.
Information to be redacted must be highlighted.
Criminal cases
Page 2 | Sealing and Redactions
Permission required to file redacted or sealed submissions.
Any party wishing to file a submission in redacted form or under seal must request permission to do so.
Criminal cases
Page 2 | Sealing and Redactions
Redacted version must be filed on ECF unless entire document is sealed.
File the redacted version of the document on ECF, unless the party seeks to file the entire document under seal;
Criminal cases
Page 2 | Sealing and Redactions
Letter motion must indicate opposing party's consent; confidential designations require joint submission.
The letter must also indicate whether the opposing party consents to the proposed sealing or redaction. If a request to file a redacted document is based on another party’s designation of information as confidential, the parties shall confer and jointly submit the request to file the material in redacted form.
Civil cases
Opposing counsel must have access to all communications unless filing ex parte.
Unless a party seeks to file a redacted or sealed document ex parte, opposing counsel must have access to all communications with the Court.
Civil cases
Pro se parties must redact sensitive information or request permission to include it.
Pro se parties wishing to file a document already containing this information must submit a version to the Pro Se Intake Unit with this information blacked out or otherwise unidentifiable. If this information is relevant to the case, the filing party must request permission from the Court prior to filing and explain why the information needs to be included.
Page 2 | Filing of Papers
Sealed documents are not officially filed until submitted to Sealed Records Department or ECF
A document is not actually filed under seal or included as part of the official case record until the party files the document physically with the Sealed Records Department or electronically on ECF.
Civil cases
Denied sealing/redaction motions result in order to re-file documents in public view while keeping prior submission sealed.
If a motion for sealing or redactions is denied, the Court will generally order the party to re-file the subject documents on ECF in public view, allowing the party’s prior submission to remain sealed on ECF.
Civil cases
Email to Chambers a copy of the document that the party seeks to redact or to file under seal and, if the document exceeds 20 pages, deliver to Chambers a courtesy copy (following Rule 2.B above).
Email to Chambers a copy of the document that the party seeks to redact or to file under seal and, if the document exceeds 20 pages, deliver to Chambers a courtesy copy (following Rule 2.B above).
Criminal cases
Page 2 | Sealing and Redactions
Filing Bundling Requirements
Government must respond to all motions in single omnibus brief when multiple Defendants file.
If multiple Defendants in a case have filed pretrial motions, the Government must respond to all motions in a single, omnibus brief, unless otherwise ordered.
Criminal cases
Page 3 | Motions
Multiple Defendants must submit single joint request to charge and voir dire questions.
If multiple Defendants will be tried, all Defendants must, unless otherwise ordered, submit a single request to charge and a single set of proposed voir dire questions.
Criminal cases
Page 4 | Trials
Pre-Motion Conference Requirements
Failed discovery disputes require joint call to Chambers for teleconference with Court.
If this process fails and the Court’s intervention is required, the parties must jointly call Chambers to hold a joint teleconference with the Court for prompt resolution of the dispute.
Civil cases
Page 2 | Conferences
Discovery disputes must first be resolved through good faith meet and confer.
Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.
Civil cases
Page 2 | Conferences
Pre-motion teleconference required before filing Motion to Strike
Before filing a Motion to Strike, the moving party must coordinate a teleconference with Chambers to discuss the proposed motion.
Civil cases
Page 4 | A. Pre-Motion Submissions
Summary judgment motions generally not available in non-jury cases without good cause.
Absent good cause, the Court generally will not consider summary judgment motions in non-jury cases. If a party wishes to move for summary judgment in a non-jury case, that party should raise the issue in the parties' joint letter submitted before the status conference following the close of fact discovery.
Civil cases
Expert testimony disputes must be raised at status conference after fact discovery.
Motions to exclude the testimony of experts should not be treated as motions in limine. If the parties anticipate that there will be a dispute over the admissibility of expert testimony, the issue must be raised at the status conference following the close of fact discovery so that the Court may set an appropriate briefing schedule. If such a dispute arises after that status conference, the party disputing the admissibility of the expert's testimony must promptly notify the Court so that an appropriate briefing schedule may be set.
Civil cases
Initial Rule 16 conference scheduled for Friday morning ~6 weeks after Complaint filing.
The Court will generally schedule a Federal Rule of Civil Procedure 16 conference on a Friday morning approximately six weeks from the filing of the Complaint.
Civil cases
Page 2 | Conferences
All parties should be prepared to discuss at the initial pretrial conference any pending or anticipated motions as well as the basis for subject matter jurisdiction.
All parties should be prepared to discuss at the initial pretrial conference any pending or anticipated motions as well as the basis for subject matter jurisdiction.
Civil cases
Page 2 | Conferences
Adjournment & Extension Requirements
Initial pretrial conference adjournment requests must follow Rule 2(C) and propose Friday morning dates.
Requests for adjournments of the initial pretrial conference must be made in accordance with Rule 2(C) of these Individual Practices and must include proposed alternative dates that fall on Friday mornings.
Civil cases
Page 2 | Conferences
Adjournment/extension requests must be made at least 48 business hours in advance (unless emergency).
Absent an emergency, the request must be made at least 48 business hours prior to the original due date.
Civil cases
Page 2 | Communications with Chambers
Non-compliance with adjournment/extension rules may result in denial.
Failure to comply with this rule may be grounds for denying an adjournment or extension request.
Civil cases
Page 2 | Communications with Chambers
Adjournment/extension requests must be by letter and include 5 required elements.
Requests for adjournments or extensions of time must be made by letter and must state: (1) the reason for the proposed adjournment or extension; (2) the original due date; (3) the number of previous requests for adjournment or extension of time; (4) whether the other party or parties consent and, if not, the reason given for refusing to consent; and (5) proposed alternative dates.
Civil cases
Page 2 | Communications with Chambers
Sentencing adjournment requests must be made by ECF letter at least 3 business days before proceeding.
Any request for an adjournment of sentencing must be made by letter on ECF no later than three business days before the scheduled proceeding.
Criminal cases
Page 4 | Sentencings
Adjournment requests must include specific elements and be submitted 48 hours in advance (except emergencies).
All requests for adjournments or extensions of time must be made by letter and must state: (1) the original due date; (2) the number of previous requests for adjournment or extension of time; (3) whether the adversary consents and, if not, the reason given by the adversary for refusing to consent; and (4) proposed alternative dates. Absent an emergency, the request must be received by the Court at least 48 hours prior to the original due date.
Page 2 | Communications with Chambers
Chambers Communication Rules
For situations requiring immediate attention from the Court, counsel should email the Chambers inbox requesting the Court’s contact information. The Re line of the email should be marked “URGENT” and the text should provide a short explanation of the emergency and should be copied to all parties.
For situations requiring immediate attention from the Court, counsel should email the Chambers inbox requesting the Court’s contact information. The Re line of the email should be marked “URGENT” and the text should provide a short explanation of the emergency and should be copied to all parties.
Civil cases
Page 2 | Communications with Chambers
All counsel must be copied on sealing emails unless ex parte.
Unless the requesting party seeks leave to file the submission ex parte, all counsel of record must be copied on the email to Chambers.
Criminal cases
Page 2 | Sealing and Redactions
Pro se parties must file via ECF if registered, or mail to Pro Se Intake Unit if not registered; no direct filings to Chambers.
Pro se parties who are registered on ECF should file all letters and motions, absent a request to file a document under seal, via ECF. By Standing Order, a pro se party who is not registered on ECF must mail all communications with the Court to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, NY 10007. A pro se party must not send any document or filing directly to Chambers.
Page 1 | Communications with Chambers
Non-ECF pro se parties must send all filings to Pro Se Intake Unit.
If the pro se party is not participating in ECF, then the pro se party must send all papers to be filed with the Court to the Pro Se Intake Unit.
Page 2 | Filing of Papers
ECF filings may not be reviewed same day; use "URGENT" email for immediate attention.
Materials filed via ECF are not necessarily reviewed the same day they are filed. If a submission requires immediate attention, please notify Chambers by an email to the Chambers inbox; the Re line should be marked “URGENT.”
Civil cases
Page 2 | Communications with Chambers
Contact Courtroom Deputy for questions not answered by rules or for scheduling matters.
For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules, or for docketing, scheduling, and calendar matters, counsel may contact the Courtroom Deputy, Angela Caliendo, at the Chambers inbox listed above.
Civil cases
Page 2 | Communications with Chambers
Junior Lawyer Participation Incentives
Junior attorneys encouraged; multiple attorneys may argue upon request
The Court encourages the participation of junior attorneys in all proceedings, particularly where a junior attorney played a substantial role in drafting a submission or preparing a witness. To encourage such participation, the Court will, upon request, allow more than one attorney to argue a motion on behalf of a party.
Civil cases
Page 3 | C. Court Appearances
Court encourages junior attorney participation in oral arguments and allows multiple attorneys to argue upon request.
As stated above in Rule 3(D)(iii), the Court encourages the participation of junior attorneys in oral arguments, particularly when a junior attorney played a substantial role in drafting a submission. To encourage such participation, the Court will, upon request, allow more than one attorney to argue a motion on behalf of a party.
Civil cases