Judge Emmet G. Sullivan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Absent extenuating circumstances, motions for a continuance or other scheduling change should be filed three business days prior to the scheduled hearing or other deadline and must include alternative dates that have been agreed to by all parties. Requests that do not include an alternative date acceptable to all parties may be denied.
Communication
Phone
Clerk
Phone
Clerk
Phone
Chambers
Document Format Requirements7 rules
All submissions to the Court shall be double spaced, and use 12-point Times New Roman font and one inch page margins.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Every memorandum of points and authorities that is ten pages or longer must contain a table of contents and table of authorities, regardless of
- Memorandum of points and authorities
- At least 10 pages
Formatting
- •Contain a table of contents
- •Contain a table of authorities
The statement must contain only one undisputed factual assertion per numbered row.
This document shall be formatted as a two-column table.
Formatting
- •Two-column table format required
Following the filing of this document with the Court, the moving party shall promptly provide an electronic copy in editable format to the opposing party.
Formatting
- •Promptly provide electronic copy in editable format to opposing party after filing
Following the filing of this document with the Court, the opposing party shall promptly provide an electronic copy in editable format to the moving party.
Formatting
- •Promptly provide electronic copy in editable format to moving party after filing
Additional facts must be placed at the end of the responsive statement in consecutively numbered right-column rows.
Court's wording
If the opposing party has additional facts that are not directly relevant to its response to a specific paragraph, it must identify such facts in consecutively numbered rows in the right hand column at the end of its responsive statement of facts.
Document Filing Requirements31 rules
Any amended submissions shall be accompanied by a redline comparison of the original and amended pleading.
A defendant removing an action to this Court must refile as a supplement to the petition any answer
Any pending motion at the time of removal must be refiled in this Court by the party seeking relief for the motion to be considered.
Any amended submissions shall be accompanied by a redline comparison of the original and amended pleading.
Parties must submit a Rule 16.3 report and proposed scheduling order by the stated deadlines unless the Court orders otherwise.
Court's wording
Unless otherwise ordered by the Court, by no later than 30 days after any defendant has filed an answer, or by no later than 14 days after the Court resolves any motion brought pursuant to Federal Rule of Civil Procedure 12(b), the parties shall submit to the Court a report and a proposed scheduling order as required by Local Civil Rule 16.3.
In addition to reporting on the matters required by Local Civil Rule 16.3, counsel shall include in their report a brief statement of the case.
In the left column, the moving party shall list in separately numbered rows concise statements of each material fact it contends is not in dispute, supported by appropriate citations to the record.
Every submission that attaches more than one exhibit shall contain an index of exhibits.
- Document
- Submission
Must include
- •Exhibit list
Every submission that attaches more than one exhibit shall contain an index of exhibits.
- Document
- Submission with multiple exhibits
Must include
- •Exhibit list
Pursuant to Local Civil Rule 7(h)(1), the moving party shall include a separate document entitled Statement of Material Facts Not in Dispute.
Opposing party must file a Counter-Statement of Disputed Facts indicating in the right column whether each fact is admitted or denied, with citations, and identifying partial admissions/denials.
- Document
- Counter statement of disputed facts
Must include
- •Counter-Statement of Disputed Facts
Court's wording
In response, the opposing party shall file a separate document entitled Counter-Statement of Disputed Facts. The opposing party shall indicate in the right column whether each corresponding fact in the left column is admitted or denied, and for those denied, provide appropriate citations to the record. If the fact is admitted in part and denied in part, the opposing party shall specifically identify which parts are admitted and which are denied, with appropriate citations to the record.
In response, the opposing party shall file a separate document entitled Counter-Statement of Disputed Facts.
- Document
- Summary judgment opposition
Must include
- •Counter-Statement of Disputed Facts
Moving party must file a Statement of Material Facts Not in Dispute as a two-column table with one undisputed fact per numbered row, citing the record.
Court's wording
Pursuant to Local Civil Rule 7(h)(1), the moving party shall include a separate document entitled Statement of Material Facts Not in Dispute. This document shall be formatted as a two-column table. In the left column, the moving party shall list in separately numbered rows concise statements of each material fact it contends is not in dispute, supported by appropriate citations to the record. The statement must contain only one undisputed factual assertion per numbered row.
In response, the moving party shall file a separate document entitled Reply to Counter-Statement of Disputed Facts, responding with appropriate citations in the left column to the additional facts.
In response, the moving party shall file a separate document entitled Reply to Counter-Statement of Disputed Facts, responding with appropriate citations in the left column to the additional facts.
If the fact is admitted in part and denied in part, the opposing party shall specifically identify which parts are admitted and which are denied, with appropriate citations to the record.
At the end of the Counter-Statement of Disputed Facts, the opposing party shall list the material facts as to which the opposing party contends there is a genuine issue of material fact for trial.
This government responsibility includes producing, during plea negotiations, any exculpatory evidence in the government’s possession.
Government must make good-faith efforts to disclose Brady material from arraignment through criminal proceeding
Court's wording
Beginning at the defendant’s arraignment and continuing throughout the criminal proceeding, the government shall make good-faith efforts to disclose such information to the defense as soon as reasonably
Where doubt exists as to the usefulness of the evidence to the defendant, the government must resolve all such doubts in favor of full disclosure.
Even if ultimately disclosed, a failure to timely produce Brady information may constitute prejudice if the accused suffers from the delay.
If the information already exists or was memorialized in a tangible format, such as a document or recording, the information shall be produced in that format.
The government is further directed to produce all discoverable evidence in a readily usable form.
Government must produce discoverable evidence in readily usable form, maintaining original format when possible.
Court's wording
The government is further directed to produce all discoverable evidence in a readily usable form. For example, the government must produce documents as they are kept in the usual course of business or must organize and label them clearly. The government must also produce electronically-stored information in a form in which it is ordinarily maintained unless the form is not readily usable, in which case the government is directed to produce it in a readily-usable form. If the information already exists or was memorialized in a tangible format, such as a document or recording, the information shall be produced in that format.
For example, the government must produce documents as they are kept in the usual course of business or must organize and label them clearly.
The government must also produce electronically-stored information in a form in which it is ordinarily maintained unless the form is not readily usable, in which case the government is directed to produce it in a readily-usable form.
a summary format, the summary must include sufficient detail and specificity to enable the defense to assess its relevance and potential usefulness.
If a motion to dismiss presents matters outside of the pleadings, it may be converted to a motion for summary judgment. In this situation, all parties must comply with the instructions set forth below regarding motions for summary judgment.
If the opposing party has additional facts that are not directly relevant to its response to a specific paragraph, it must identify such facts in consecutively numbered rows in the right hand column at the end of its responsive statement of facts.
At the end of the Counter-Statement of Disputed Facts, the opposing party shall list the material facts as to which the opposing party contends there is a genuine issue of material fact for trial.
When the standing order is docketed before defendants appear, plaintiffs must provide it with or promptly after service of the complaint.
Court's wording
If this Standing Order is entered on the docket prior to the appearance of defendant(s), the plaintiff(s), except parties receive a copy of this Standing Order by serving it with the Complaint, or providing it promptly following service of the Complaint.
Filing & Service rules
Service and Proof of Service Rules
A removing defendant must promptly ensure all parties receive a copy of the Standing Order.
A defendant removing an action to this Court must refile as a supplement to the petition any answer and must promptly ensure that all parties receive a copy of this Standing Order.
Civil cases
Page 3 | Removed Actions
After filing the Statement of Material Facts, the moving party must promptly provide an editable electronic copy to the opposing party.
Following the filing of this document with the Court, the moving party shall promptly provide an electronic copy in editable format to the opposing party.
Civil cases
Page 7 | 12. Motions for Summary Judgment Not Solely Based on Review of the Administrative Record
Following the filing of this document with the Court, the opposing party shall promptly provide an electronic copy in editable format to the moving party.
Following the filing of this document with the Court, the opposing party shall promptly provide an electronic copy in editable format to the moving party.
Civil cases
Page 8 | 12. Motions for Summary Judgment Not Solely Based on Review of the Administrative Record
Sealing & Redaction Procedures
Government must submit favorable information sought to be withheld to Court for in camera review.
Finally, if the government has identified any information which is favorable to the defendant but which the government seeks to withhold from disclosure, the government shall submit such information to the Court for in camera review.
Criminal cases
Page 5 | ORDER
Favorable information the government seeks to withhold must be submitted to the Court for in camera review.
Finally, if the government has identified any information which is favorable to the defendant but which the government seeks to withhold from disclosure, the government shall submit such information to the Court for in camera review.
Criminal cases
Page 6 | ORDER
Pre-Motion Conference Requirements
Parties must confer in good faith before seeking Court involvement in a discovery dispute.
Before involving the Court in a discovery dispute, the parties must confer in good faith to attempt to resolve the dispute between themselves.
Civil cases
Page 6 | Discovery disputes
Discovery-dispute motions require leave of Court before filing.
The parties shall not file any motions relating to a discovery dispute without leave of the Court.
Civil cases
Page 6 | Discovery disputes
Adjournment & Extension Requirements
Extensions of time must be requested by motion and cannot be obtained by party stipulation alone.
Extensions or enlargements of time will only be granted upon motion, and not upon stipulation by the parties.
Civil cases
Page 6 | 10. Motions for Extension of Time
Absent extenuating circumstances, motions for a continuance or other scheduling change should be filed three business days prior to the scheduled hearing or other deadline and must include alternative dates that have been agreed to by all parties. Requests that do not include an alternative date acceptable to all parties may be denied.
Absent extenuating circumstances, motions for a continuance or other scheduling change should be filed three business days prior to the scheduled hearing or other deadline and must include alternative dates that have been agreed to by all parties. Requests that do not include an alternative date acceptable to all parties may be denied.
Civil cases
Page 6 | 10. Motions for Extension of Time
Chambers Communication Rules
Parties may not use telephone calls to communicate with the Court about pending-matter status, scheduling, or order clarification.
Parties are to communicate with the Court in writing by motion, opposition, and reply; not by letter or telephone call. This includes, but is not limited to, inquiries regarding the status or scheduling of any pending matter, or inquiries regarding the clarification of Court Orders.
Civil cases
Page 2 | 3. Communications with Chambers
Ex parte communications, including ex parte telephone calls to chambers, are prohibited.
Ex parte communication with Judge Sullivan – either directly or through his law clerks – is inappropriate. Chambers does not accept ex parte telephone calls.
Civil cases
Page 2 | 3. Communications with Chambers
Documents may not be faxed to chambers unless the Court expressly requests them.
Documents may not be sent via facsimile or email to chambers unless expressly requested by the Court.
Civil cases
Page 3 | Communications with Chambers
In an extraordinary circumstance or actual emergency, counsel may contact chambers via telephone only if all counsel/pro se parties are on the call.
In an extraordinary circumstance or actual emergency, counsel may contact chambers via telephone only if all counsel/pro se parties are on the call.
Civil cases
Page 2 | 3. Communications with Chambers
If all parties cannot join an emergency call, parties must call the Courtroom Deputy Clerk at the listed number (or his substitute).
If all parties are not on the call in such a circumstance, the parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, at (202) 354-3364, or if he is unavailable, the staff person in the Clerk’s Office designated as his substitute.
Civil cases
Page 2 | 3. Communications with Chambers
CM/ECF questions must go to the CM/ECF Help Line, not Chambers.
Chambers does not assist with questions regarding CM/ECF; inquiries shall be directed to the CM/ECF Help Line at (202) 354-3190.
Civil cases
Page 3 | Case Management/Electronic Case Files (CM/ECF) System
CM/ECF questions must be directed to the CM/ECF Help Line rather than Chambers.
Chambers does not assist with questions regarding CM/ECF; inquiries shall be directed to the CM/ECF Help Line at (202) 354-3190.
Civil cases
Page 3 | 4. Case Management/Electronic Case Files (CM/ECF) System
When that circumstance arises, parties must call the Courtroom Deputy Clerk (or designated substitute) for instructions.
In that circumstance, the parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, at (202) 354-3364, or if he is unavailable, the staff person in the Clerk’s Office designated as his substitute, for instructions.
Civil cases
Page 3 | 3. Communications with Chambers
If the Court requests documents, parties must contact the Courtroom Deputy Clerk for instructions.
In that circumstance, the parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, at (202) 354-3364, or if he is unavailable, the staff person in the Clerk’s Office designated as his substitute, for instructions.
Civil cases
Page 3 | Communications with Chambers