Judge Vernon S. Broderick
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Case must be trial ready 60 days after discovery close or dispositive motion decision.
- Initial disclosures due within 14 days of Rule 26(f) conference unless exceptional circumstances.
- No additional causes of action or defenses after 30 days without good cause.
- +6 more
Request must include
Communication
Phone
Page & Word Limits3 rules
Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before.
The defendant's sentencing submission shall be filed on ECF two weeks in advance of the date set for sentencing. The Government's sentencing submission shall be filed on ECF one week in advance of the date set for sentencing.
Thus, in a civil case with an 8-person jury and 3 peremptory challenges per side, the Court will voir dire 14 panelists. See Fed. R. Civ. P. 47, 48; 28 U.S.C. § 1870.
Civil Jury Selection
Criminal cases: 32 panelists for 12-person jury with 2 alternates and standard peremptory challenges.
In a single- defendant criminal case in which the defendant has 10 and the Government 6 peremptory challenges, plus 1 each with respect to alternates, see Fed. R. Crim. P. 24, we will voir dire 32 panelists (12 jurors + 2 alternates + 10 peremptories for defendant + 6 peremptories for the Government + 1 peremptory for defendant for the alternates + 1 peremptory for the Government for the alternates).
Criminal Jury Selection
Document Filing Requirements16 rules
Prior to the return date, file the proposed judgment on ECF for the Clerk's approval. The proposed judgment shall be approved by the Clerk prior to the conference and then brought to the conference for the Judge's signature.
DocumentProposed Judgment
Prior to the return date, file through on ECF: (1) an Affidavit of Service, reflecting that the defendant was served with a conforming copy of the Order to Show Cause and supporting papers; and (2) the supporting papers.
DocumentAffidavit Of Service
Counsel are required to register for ECF promptly after being retained or assigned.
DocumentEcf Registration
In making discovery motions, counsel shall comply with Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.
DocumentDiscovery Motion
Any written request for a bail modification by a defendant shall indicate whether or not the Government and the Pretrial Services Officer consent to the request.
DocumentBail Modification Request
Defendant files letters from friends/relatives; Government files victim letters.
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends, relatives, etc. The Government is responsible for filing all letters from victims.
DocumentSentencing Submission
A party shall group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
DocumentSentencing Submission
AI tool disclosure required for filings prepared with AI assistance
I, or someone under my supervision, used an artificial intelligence (“AI”) tool in preparing the filing submitted in the above-captioned case on _______ [insert date] and titled ____________ [insert title] at Doc. __ [insert document number]. I further certify that:
DocumentFiling
Attorney personally responsible for AI-generated content under Rule 11
I understand that I will be held individually responsible for the contents thereof according to Rule 11(b) of the Federal Rules of Civil Procedure and the certifications required thereunder, including verifying any portions of the filing drafted by generative AI, and that failure to comply with the Court’s Individual Rules may result in sanctions, the document being stricken, or other remedies that the Court deems appropriate.
DocumentFiling
Filing must be reviewed for accuracy by attorney or supervised person
I personally reviewed the filing for accuracy. ☐ I did not personally review the filing for accuracy but someone under my supervision personally reviewed the filing for accuracy. ☐ Neither I nor anyone under my supervision personally reviewed the filing for accuracy (failure to do so violates the Court’s Individual Rules).
DocumentFiling
No later than ____________________ [to be completed by the Court], the parties are to submit a joint letter updating the Court on the status of the case, including but not limited to whether either party intends to file a dispositive motion, what efforts the parties have made to settle the action, whether any discovery disputes remain outstanding, and whether the parties request referral to a Magistrate Judge for settlement purposes.
DocumentJoint Status Letter
Challenges can target any panelist; first 8 (civil) or 12 (criminal) unchallenged become jury.
Challenges may be made to any of the panelists, regardless of where that panelist appears in the array. Counsel would be well advised, however, to focus on the first 8 (or 12 in criminal cases) panelists, as the first 8 (or 12) unchallenged panelists will constitute the jury once all peremptories are exercised.
DocumentJury Selection Procedure
Final voir dire in courtroom with questions about residence, education, occupation, marital status, children, reading preferences.
Once all challenges for cause have been heard and decided, the Court will conduct the final voir dire (in the Courtroom), asking each panelist individual questions relating to county of residence, education, occupation, marital status, children, reading preferences, etc.
DocumentJury Selection Procedure
A party may waive but not reserve a challenge. In other words, counsel may not pass on one round to save the challenge for another round.
DocumentJury Selection Procedure
Jury selection uses struck panel method with specific panelist calculations for civil and criminal cases.
The Court will conduct a voir dire of a number of panelists computed by totaling: the number of jurors to be selected (8 in most civil cases and 12 in criminal cases); the number of alternates (none in civil cases and usually 2 in criminal cases); and the number of peremptory challenges.
DocumentJury Selection Procedure
In trials expected to last for substantially more than 1 week, the Court will consider increasing the number of jurors in a civil case or the number of alternates in a criminal case.
DocumentJury Selection Procedure
Filing & Service rules
Electronic Filing Rules
The proposed Order to Show Cause and supporting papers must be filed electronically via ECF.
Electronically file the proposed Order to Show Cause and supporting papers via ECF, in accordance with the ECF Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.
Page 13 | Motions
Service and Proof of Service Rules
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.
Page 13 | Motions
Courtesy Copy Requirements
The Assistant United States Attorney (“AUSA”) shall provide to Chambers, as soon as practicable, a courtesy copy of the Indictment and the Complaint, if one exists.
The Assistant United States Attorney (“AUSA”) shall provide to Chambers, as soon as practicable, a courtesy copy of the Indictment and the Complaint, if one exists.
Criminal cases
Page 1 | Initial Matters
AUSA must email courtesy copies of plea agreements to Chambers at least 2 business days before plea.
The AUSA shall provide a courtesy copy of the plea agreement, cooperation agreement or Pimentel letter to Chambers as soon as practicable, ordinarily at least two business days before the scheduled plea. These documents should be emailed to BroderickNYSDChambers@nysd.uscourts.gov.
Criminal cases
Page 3 | Guilty Pleas
Two courtesy copies should be delivered to Chambers that same day. In addition, each party shall email those documents as Word documents to BroderickNYSDChambers@nysd.uscourts.gov.
Two courtesy copies should be delivered to Chambers that same day. In addition, each party shall email those documents as Word documents to BroderickNYSDChambers@nysd.uscourts.gov.
Criminal cases
Page 3 | Trial Procedures
One courtesy copy required when filing sentencing submissions on ECF.
The Government's sentencing submission shall be filed on ECF one week in advance of the date set for sentencing. The parties shall provide the Court with one courtesy copy of each submission when it is filed.
Criminal cases
Page 4 | Sentencing
Parties should not submit courtesy copies of letters filed on ECF, unless the letter has an attachment greater than ten pages. In such cases, counsel should ensure that the courtesy copy is a copy of the ECF-filed version of the letter and includes the automatically-generated ECF header
Parties should not submit courtesy copies of letters filed on ECF, unless the letter has an attachment greater than ten pages. In such cases, counsel should ensure that the courtesy copy is a copy of the ECF-filed version of the letter and includes the automatically-generated ECF header
Criminal cases
Page 2 | Communications with Chambers
Sealing & Redaction Procedures
Sealed or confidential letters may be emailed as PDF with all counsel copied.
Letters to be filed under seal or containing sensitive or confidential information may be emailed to the Court at BroderickNYSDChambers@nysd.uscourts.gov as a .pdf attachment. All counsel must be copied on the email.
Criminal cases
Page 2 | Communications with Chambers
Adjournment & Extension Requirements
Any request for an adjournment of a sentencing proceeding shall be made as early as possible, and no later than three business days before the proceeding. Such requests should indicate whether opposing counsel consents.
Any request for an adjournment of a sentencing proceeding shall be made as early as possible, and no later than three business days before the proceeding. Such requests should indicate whether opposing counsel consents.
Criminal cases
Page 4 | Sentencing
No additional causes of action or defenses after 30 days without good cause.
No additional causes of action or defenses may be asserted after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16.
Civil cases
Page 1 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
No additional parties may be joined after 30 days without good cause.
No additional parties may be joined after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16.
Civil cases
Page 1 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production.
Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production.
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Joint pretrial order due 30 days after discovery close or dispositive motion decision.
Unless otherwise ordered by the Court, the joint pretrial order and additional submissions required by Rule 6 of the Court’s Individual Rules and Practices shall be due 30 days from the close of discovery, or if any dispositive motion is filed, 30 days from the Court’s decision on such motion.
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Fact discovery deadline not to exceed 120 days unless exceptional circumstances.
All fact discovery is to be completed no later than ____________________. [A period not to exceed 120 days unless the Court finds that the case presents unique complexities or other exceptional circumstances.]
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Case must be trial ready 60 days after discovery close or dispositive motion decision.
This case shall be trial ready 60 days from the close of discovery or from the Court’s decision on any dispositive motion.
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Non-party depositions must follow initial party depositions without agreement or court order.
Absent an agreement between the parties or an order from the Court, non- party depositions shall follow initial party depositions.
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Initial disclosures due within 14 days of Rule 26(f) conference unless exceptional circumstances.
Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure shall be completed no later than ____________________. [Absent exceptional circumstances, within 14 days of the date of the parties’ conference pursuant to Rule 26(f).]
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Interim deadlines may be extended by consent without court application.
The following interim deadlines may be extended by the parties on consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth in ¶ 7 above.
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Chambers Communication Rules
For docketing, scheduling and calendar matters, counsel shall contact the Courtroom Deputy. Otherwise—except for matters requiring immediate attention—all communications with Chambers must be in writing and contain the docket number for the case and the Court’s initials (VSB). Written communications should be filed on ECF.
For docketing, scheduling and calendar matters, counsel shall contact the Courtroom Deputy. Otherwise—except for matters requiring immediate attention—all communications with Chambers must be in writing and contain the docket number for the case and the Court’s initials (VSB). Written communications should be filed on ECF.
Criminal cases
Page 1 | Communications with Chambers
Criminal cases: 5 rounds of peremptory challenges with defendant going first (2 per round) and government (2 then 1 per round).
In a single-defendant criminal case with the usual number of peremptories, the parties exercise their challenges in 5 rounds, with the defendant going first and exercising 2 challenges each round and the Government exercising 2 challenges in the first round and 1 challenge in each of the remaining 4 rounds.
Page 1 | RULES FOR JURY SELECTION: STRUCK PANEL METHOD
Voir dire conducted in courtroom; sensitive issues handled at sidebar or in robing room.
The panelists will be voir dired in the Courtroom. If issues are raised that are better discussed outside the presence of the entire panel (e.g., sensitive issues, requests to be excused, etc.), Judge Broderick will follow-up with the individual jurors either at sidebar or in the robing room.
Page 1 | RULES FOR JURY SELECTION: STRUCK PANEL METHOD
Peremptory challenges exercised at sidebar/robing room; civil cases alternate starting with plaintiff.
The parties will then exercise their peremptory challenges (at sidebar or in the robing room). In a civil case, plaintiff exercises the first challenge and the defendant goes second, with the parties proceeding in that fashion until all peremptories are exhausted.
Page 1 | RULES FOR JURY SELECTION: STRUCK PANEL METHOD
Challenges for cause heard at sidebar or robing room; excused panelists replaced.
After the follow-up voir dire, the Court will entertain challenges for cause (at sidebar or in the robing room). If panelists are excused for cause, they will be replaced and the new panelists will be voir dired, following the procedures above.
Page 1 | RULES FOR JURY SELECTION: STRUCK PANEL METHOD
Criminal cases: each side gets one additional challenge for alternates selected from remaining panelists.
In criminal cases, each side will have one additional challenge exercisable only with respect to the alternates, who will be selected from the remaining panelists.
Page 1 | RULES FOR JURY SELECTION: STRUCK PANEL METHOD
Telephonic post-discovery conference with specific dial-in information.
The Court will conduct a telephonic post-discovery conference on ____________________ at _________. [To be completed by the Court.] The dial-in number is 1-855-244-8681 and the access code is 2309 3085 835. There is no attendee ID.
Civil cases
Page 2 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER