Court Rules
senior Judge
Verified Current9 days ago

Judge Victor Marrero

Southern District of New York

Limits & Logistics

Document Limits

Pre Motion Letter
3 pgs
Letter Brief
5 pgs
Memorandum Of Law
8,750 wds
Pretrial Memorandum
10 pgs
Pretrial Memorandum
15 pgs

Courtesy Copies

Filings (All filings)

Required

Filings (Motion)

Required

Filings (Charging Documents)

Required

Filings (Exhibits)

Required • Binding: Three Ring Binder

Adjournments

Notice Required
2Business Days

Must Include

  • 1
    Reason For Request
  • 2
    Proposed New Dates
  • 3
    Adversary Position

Must Include

  • 1
    Number Of Previous Requests
  • 2
    Adversary Position
  • 3
    Affects Other Dates
Notice Required
0Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Adversary Position

Communication

Email

Chambers

ChambersNYSDMarrero@nysd.uscourts.gov
SchedulingTechnical IssuesEmergencies
Letter Ecf

Chambers

Discovery DisputesCase Management
Advance Notice Required
No Status Inquiries
Letter Fax

Chambers

No Hours, Status Inquiries
Letter Fax

Chambers

No Status Inquiries
Service

Chambers

Scheduling
Advance Notice Required
Oral Argument

Chambers

Scheduling
Conference

Chambers

Case Management
Advance Notice Required
Phone

Chambers

Advance Notice Required
In Person

Chambers

No Hours, Status Inquiries
Prohibition

Chambers

No Description, Status Inquiries
Filters:AllMandatoryImportantFormattingSealingCommunicationLettersMemorandaTRO/InjunctionConferencesEvidence/Witnesses

Detailed Drafting Rules

Communication ProtocolNote

Letters should be filed via ECF or emailed to chambers.

Parties are strongly encouraged to file their letters or letter-briefs on the District’s electronic document filing system (“ECF”) or by electronic mail to ChambersNYSDMarrero@nysd.uscourts.gov.

Email

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Communication ProtocolImportant

Documents may be mailed if unable to file electronically, but may be delayed.

If a party or counsel is unable to submit a document electronically—either by ECF or email—the document may be mailed to the Court. However, mail to the Court may be delayed.

Letter via ECF

Direct to: Chambers

Prohibited
  • Status Inquiries
Communication ProtocolNote

Letters under 5 pages may be faxed.

If fewer than five pages, letters may be sent by fax, but only as indicated below in Paragraph I.C.

Letter Fax

Direct to: Chambers

Prohibited
  • Hours
    9:00 AM - 5:00 PM
Communication ProtocolMandatory

Fax number is (212) 805-6382; faxes over 5 pages require prior authorization.

The direct fax number to Chambers is (212) 805-6382. Any faxed letter or document exceeding five pages will not be accepted unless prior authorization has been granted.

Letter Fax

Direct to: Chambers

Prohibited
  • Status Inquiries
Communication ProtocolMandatory

Do not send hard copies after faxing.

Do not follow faxed letters with hard copy.

Letter Fax

Direct to: Chambers

Prohibited
  • Status Inquiries
Communication ProtocolMandatory

Advance permission required to hand-deliver documents to chambers.

Please email or call Chambers to obtain advance permission from the Court to hand-deliver documents, including courtesy copies.

Email

Direct to: Chambers

Approved Topics
Scheduling
Communication ProtocolMandatory

Urgent matters should be emailed with "URGENT" in subject line.

For urgent matters requiring immediate attention, parties are directed to send an email to Chambers with “URGENT” in the subject line.

Email

Direct to: Chambers

Approved Topics
Emergencies
Communication ProtocolMandatory

Urgent emails must include case name, docket number, issue description, and contact phone.

Please include in the body of the email the case name and docket number, the nature of the issue, and a telephone number where the party (and any other relevant parties) can be reached.

Email

Direct to: Chambers

Approved Topics
Emergencies
Page or Word LimitMandatory

Pre-motion letters and responses are limited to 3 single-spaced pages with 1-inch margins.

Pre-motion letters and responses shall not exceed three pages single-spaced, with one-inch margins all around.

Page or Word LimitNote

Expedited procedure allows 5-page letter-briefs for discrete dispositive issues.

In the event that a discrete issue of law arises in a case that may be dispositive of a particular claim or defense, or of the entire action, upon agreement on motion by the parties, or as ordered by the Court, the issue presented may be resolved by the Court on the basis of submissions of letter-briefs not to exceed five pages for each party without necessity for any further documentation, unless the Court so requests or grants leave therefor.

Page or Word LimitMandatory

Memoranda of law limited to 8,750 words; reply memoranda to 3,500 words.

Memoranda of law in support of and in opposition to a motion shall be limited to 8,750 words and reply memoranda shall not exceed 3,500 words.

Format RequirementMandatory

Memoranda must be double-spaced, 12-point font, with 1-inch margins.

Memoranda should be double-spaced and in 12-point font with 1-inch margins.

Applies When:Document Type Set Undefined
Typography
Font FamilyTimes New Roman
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Document RequirementMandatory

Memoranda of 3,500+ words require table of contents and table of authorities.

Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Contents
Table Of Authorities
Page or Word LimitImportant

Court may grant exceptions to page limits only in rare, complex cases.

The Court will entertain written requests for exceptions to these page limitations only in rare cases where the facts and issues are particularly complex.

Document RequirementImportant

Affidavits cannot be used for counsel arguments, new facts, or to evade page limits.

Affidavits shall not be used as a vehicle for counsel to describe factual background or legal issues involved in the case, to alter the pleadings or introduce facts not set forth in the complaint, to assert matters not within their personal knowledge, or for supplemental argumentation of legal issues that would serve to evade the page limitation set forth in the Court’s Individual Practices.

Document Type

Affidavit

Specific requirements detailed in rule text.
Document RequirementNote

Otherwise, only relevant portions of documents may be submitted as exhibits.

Otherwise, the parties may submit as an exhibit only those portions or pages of such document that have direct relevance to the matter at issue.

Document Type

Exhibit

Content & Formatting
Direct Relevance
Document RequirementNote

For motions for summary judgment, parties should submit only relevant pages of large documents rather than entire documents.

The following example may be helpful in illustrating how this practice would operate: In an action relating to accounting malpractice, only three pages of a 150-page spreadsheet and five pages of a 100-page deposition contain information relevant to an issue litigated on a motion for summary judgment. The parties should submit only those relevant pages of the spreadsheet and deposition in connection with the motion exhibits filed, instead of submitting the entire spreadsheet and deposition transcript.

Document Type

Motion Exhibits

Specific requirements detailed in rule text.
Communication ProtocolMandatory

Service of motion papers must follow dates set by the Court during pre-motion conference or Local Civil Rule 6.1 if no pre-motion conference is required.

Notices of motions, affidavits, and memoranda of law shall be served in accordance with the dates set by the Court during the pre-motion conference or by memo- endorsed orders. If a pre-motion conference is not required (Paragraph II.A., supra), counsel should follow Local Civil Rule 6.1, unless otherwise ordered by the Court.

Service

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    dates set by the Court during the pre-motion conference or by memo-endorsed orders
Communication ProtocolNote

For summary judgment motions, parties may be directed to serve LR 56.1 statements to Court before serving fully-prepared motion.

In connection with motions for summary judgment, where the Court may deem it appropriate, the parties may be directed to serve their Local Rule 56.1 statements for the Court’s review prior to proceeding with service of the fully-prepared motion.

Service

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    Court review prior to proceeding with service of the fully-prepared motion
Sealing ProtocolMandatory

Sealed/redacted filings must follow standing order 19-mc-00583 and ECF Rules. Letter motions ≤5 pages may be faxed to Chambers; >5 pages must be mailed or hand delivered.

Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases, and the subject documents, including the proposed sealed document(s), must be filed either by hard copy or electronically through the court’s ECF system in conformity with standing order 19-mc-00583 and ECF Rules & Instructions, section 6. Hard copy letter motions for approval of sealed or redacted filings may be faxed to Chambers if no more than five pages in total and must be mailed or hand delivered to the Court if greater than five pages.

Protocol

Sealing Procedure

Applicable Categories
Other
Filing Requirements
Public ECF Filing(Redacted Version)
REQUIRED
Delivery to Chambers(Unredacted Version)
REQUIRED
Format & Details
Communication ProtocolNote

Motions are decided on papers unless Court determines oral argument necessary. Counsel should not repeat arguments already in motion papers.

Motions will be decided on the papers after all moving papers have been submitted, unless the Court determines that oral argument will be necessary. If oral argument is scheduled, the Court will advise the parties of the date and time for argument and whether it will be limited to specific issues. Counsel should expect that the Court will have reviewed motion papers prior to oral argument and will be familiar with the issues presented therein, and therefore counsel should not use oral argument to repeat factual recitations or legal arguments adequately addressed in the motion papers.

Oral Argument

Approved Topics
Scheduling
Communication ProtocolMandatory

For unresolved discovery disputes, parties must submit joint letter describing issues, positions, and authority. Court will rule or refer to Magistrate Judge.

In the event that a discovery dispute arises that the parties are unable to resolve among themselves, they shall confer and submit to the Court a joint letter setting forth the matters that remain unresolved following such conference. The letter shall describe concisely the issue(s) in dispute and the respective position of each party and cite applicable authority which the respective parties claim for support. The Court will rule upon the written submission, or refer the dispute to the designated Magistrate Judge for resolution, particularly where the circumstances indicate that the parties’ discovery disputes are continuous or chronic.

Letter via ECF

Approved Topics
Discovery Disputes
Requirements
  • Advance Notice Required
    joint letter setting forth matters that remain unresolved following conference
Communication ProtocolMandatory

Initial case management conference scheduled within 45 days of answer filing. Parties must confer and exchange initial disclosures under FRCP 26(f) and 26(a).

The Court will endeavor to schedule an initial case management conference within 45 days of the filing of the answer(s). Upon receipt of the Notice of Initial Conference, the parties shall confer if they have not yet done so in accordance with Federal Rule of Civil Procedure 26(f) and exchange the initial disclosures prescribed by Rule 26(a).

Conference

Approved Topics
Case Management
Requirements
  • Advance Notice Required
    45 days of the filing of the answer(s)
Communication ProtocolMandatory

Status letter must be received by Court at least five business days before initial case management conference.

The status letter must be received by the Court at least five business days before the initial case management conference.

Letter via ECF

Approved Topics
Case Management
Requirements
  • Advance Notice Required
    five business days before the initial case management conference
Document RequirementMandatory

Case Management Plan must indicate discovery agreements and seek Court leave for >5 depositions, >3 hour depositions, or >7 page requests.

The Case Management Plan shall indicate whether the parties have reached agreement on discovery concerning: (1) the number, duration, and matters to be examined, and the individuals to be deposed; and (2) limitations on the length or scope of requests for admissions and interrogatories. If the discovery plan contemplates that any party conduct more than five depositions, or any particular deposition requiring more than three hours to complete, or any request for admissions or interrogatories exceeding seven single-spaced pages, that circumstance shall be stated in the Case Management Plan, and leave of Court therefor sought at the initial conference.

Document Type

Case Management Plan

Content & Formatting
Discovery Agreements
Court Leave Requirements
Communication ProtocolMandatory

Principal trial counsel or designated attorney familiar with litigation must appear at all conferences.

Principal trial counsel -- or, upon written notice to the Court, another attorney so designated who is closely familiar with the litigation -- must appear at all conferences.

Conference

Approved Topics
Case Management
Requirements
  • Advance Notice Required
    principal trial counsel or designated attorney must appear
Communication ProtocolImportant

Telephone appearances require prior express permission from the Court.

Appearances by telephone will not be permitted without express prior permission of the Court.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    express prior permission
Page or Word LimitMandatory

Jury trials require 10-page pretrial memorandum, joint voir dire, joint requests to charge, and witness list.

For jury trials, each party is required to submit at the time the joint pretrial order is filed: (a) a pretrial memorandum no longer than 10 pages limited to a brief discussion of the issues to be tried and authorities relied upon; (b) joint proposed voir dire questions drafted with the other parties; (c) joint proposed requests to charge, drafted with the other parties, citing the authority for each proposed charge; and (d) a joint list of individuals, companies and other entities that may appear as witnesses, or otherwise be referred to during the trial, including a brief recitation of what matters each witness is expected to address.

Page 2
|SecI. PRETRIAL SUBMISSIONS
Page or Word LimitMandatory

Bench trials require 15-page pretrial memorandum, proposed findings/conclusions, and witness list.

For bench trials, unless otherwise instructed by the Court, each party is required to submit at the time the final joint pretrial order is filed: (a) a pretrial memorandum no longer than 15 pages limited to a discussion of the issues to be tried and authorities relied upon; (b) proposed findings of fact and conclusions of law; and (c) a joint list of individuals, companies and other entities that may appear as witnesses, or otherwise be referred to during the trial, including a brief recitation of what matters each witness is expected to address.

Page 2
|SecI. PRETRIAL SUBMISSIONS
Communication ProtocolNote

Trials Monday-Friday 9am-5pm with lunch break; counsel must be present before 9am and after 5pm in jury trials upon Court's request.

Unless otherwise decided by the Court, trials will be conducted Monday through Friday from 9:00 a.m. to 5:00 p.m. with a lunch break from about 12:45 p.m. to about 2:00 p.m. In jury trials, in order to keep distractions during the trial to a minimum, upon request by the Court counsel must be present prior to 9:00 a.m. and after 5:00 p.m. to discuss scheduling for the day and any disputed matters that may arise during the day’s proceedings. One ten or fifteen-minute break will take place in the morning and one will take place in the afternoon. This break may also be used to address disputes that arise during the trial.

In Person

Direct to: Chambers

Approved Topics
SchedulingStatus InquiriesTechnical Issues
Prohibited
  • Hours
    prior_to_9am_and_after_5pm
  • Status Inquiries
Page 3
|SecIII. TRIAL DATES AND TIMES
Communication ProtocolMandatory

PCDs generally prohibited unless holder is AUSA, Federal Defender, or SDNY Bar member with Secure Pass.

The Standing Order also governs the bringing of cell phones, Blackberries, and other Personal Communications Devices (“PCDs”) into the Courthouse and the Courtroom. The Standing Order does not allow cell phones and other PCDs into the building unless the person bringing the PCD is an AUSA, a Federal Defender, or a member of the Southern District of New York Bar with a valid secure pass (“Secure Pass”) issued by the District Executive’s Office. If an individual does not have a Secure Pass, or is otherwise not entitled to bring a PCD into the Courthouse pursuant to the Standing Order, an order issued by the Court is ineffective to permit him or her to do so.

Prohibition

Direct to: Chambers

Prohibited
  • Description
    PCDs prohibited unless AUSA, Federal Defender, or SDNY Bar with Secure Pass
  • Status Inquiries
Page 4
|SecIII. TRIAL DATES AND TIMES
Communication ProtocolNote

Counsel and parties must stand when Court is opened, recessed, and adjourned.

Counsel and parties are to stand as the Court is opened, recessed and adjourned.

In Person

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    during_court_openings_recesses_and_adjournments
  • Status Inquiries
Page 4
|SecV. COURTROOM DECORUM
Communication ProtocolImportant

Counsel and parties must be on time; arrange colleague coverage if conflicts exist.

Counsel and parties are to be on time for each court session. If counsel have matters in other courtrooms when a trial is scheduled, arrange in advance to have a colleague handle appearances for you.

In Person

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    during_court_sessions
  • Status Inquiries
Page 4
|SecV. COURTROOM DECORUM
Communication ProtocolNote

Counsel must stand when addressing Court/jury, except when opposing counsel speaks or due to disability.

Counsel shall stand at the table or lectern when addressing the Court or jury, including when making objections and for opening and closing statements. Counsel unable to stand on account of physical disabilities will be excused from this requirement. Counsel should not stand when opposing counsel is addressing the Court.

In Person

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    when_addressing_court_or_jury
  • Status Inquiries
Page 4
|SecV. COURTROOM DECORUM