Judge Allyne R. Ross
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- When Fully Briefed
Exhibits
- 2 copies
Motion, Brief
Pretrial Order
- 2 copies
Adjournments
- Adjournment requests affecting other dates need revised scheduling order; 48-hour notice required.
- Motions may be filed within federal rule deadlines if compliance would deprive substantive rights.
- Adjournment requests must be in writing with specific required information.
Request must include
Communication
Letter via ECF
Chambers
Page & Word Limits1 rule
In a bench trial, each party’s proposed findings and fact and conclusions of law, not to exceed fifteen (15) pages without the express approval of the court.
- Proposed findings conclusions
- Up to 15 pages per party
Exception
More pages with leave of court
Document Format Requirements3 rules
Counsel must file all documents electronically. When orders are posted electronically, parties not registered on ECF (with the exception of pro se parties) will not receive them.
Formatting
- •All documents must be filed electronically via ECF
- •Pro se parties are exempt from mandatory ECF filing
The court expects counsel to exercise their professional judgment as to the length of briefs and may impose limits if that expectation is not met. Parties should use Times New Roman 12-point font and one-inch margins. All memoranda ten (10) pages or longer shall contain a table of contents and table of authorities.
- At least 10 pages
- Font
- Times New Roman
- Font size
- 12 points
- Margins
- 1 inch
Pro se parties are exempt from ECF; counsel must mail hard copies to pro se litigants.
- Self-represented parties
- File type
- Paper
Formatting
- •Counsel must mail hard copies of all documents to pro se litigants
Court's wording
Pro se parties are automatically exempt from mandatory electronic filing. However, parties represented by counsel in cases involving a pro se litigant must still use ECF, and they must mail a hard copy of all documents to the pro se litigant.
Document Filing Requirements2 rules
Summary judgment motions against pro se litigants require compliance with Local Civil Rule 56.2 notice requirements.
Court's wording
In any case where a summary judgment motion is filed against a pro se litigant, the moving party is directed to comply with the notice required by Local Civil Rule 56.2, entitled Notice to Pro Se Litigant Who Opposes a Summary Judgment.
The Pretrial Order shall be prepared under the supervision of the magistrate judge to whom the case has been assigned in accordance with the schedule set by the magistrate judge.
Filing & Service rules
Courtesy Copy Requirements
Hard copies of motions and briefs must be provided to chambers as courtesy copies.
Hard copies of all written motions and briefs must be provided to chambers. All such papers must be clearly marked “COURTESY COPY - ORIGINAL FILED BY ECF AND ASSIGNED DOCKET NUMBER X.” Additionally, copies of joint pretrial orders and accompanying exhibits, as specified in Part IV of this order, should be provided to chambers as courtesy copies. The parties are not required to submit hard copies of other documents, including complaints and extension requests, as courtesy copies.
Page 2 | CASE FILINGS - Courtesy Copies
Courtesy copies required when motion is fully briefed, even without pre-motion conference.
In cases where a pre-motion conference is not required, the parties need not wait until the motion is fully briefed to electronically file their motion papers. However, once the motion is fully briefed, the moving party (or the non-moving party, if the moving party is pro se) shall furnish chambers with a full set of courtesy copies of the motion papers.
Page 4 | Filing of Motion Papers
Courtesy copies required when motion is fully briefed.
On the day that the motion is fully briefed, the moving party shall electronically file all motion papers. At that time, the moving party shall also furnish chambers with a full set of courtesy copies of the motion papers, together with a letter specifying each document in the bundle.
Page 4 | Filing of Motion Papers
Two courtesy copies of pre-marked exhibits with tabs required with Pretrial Order.
The parties shall furnish to chambers at the time of filing the Pretrial Order two courtesy copies of pre-marked exhibits with tabs reflecting each exhibit’s corresponding number or letter.
Page 7 | Pretrial Order Exhibits
Voluminous exhibits may be filed as hard copies marked ORIGINAL and COURTESY COPY.
Parties filing voluminous or non-text exhibits may choose to file only hard copies of those exhibits when filing them electronically is impractical. If exhibits are not electronically filed, one copy of each exhibit must be clearly marked “ORIGINAL” and another “COURTESY COPY.” Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard copy.
Page 2 | CASE FILINGS - Courtesy Copies
Sealing & Redaction Procedures
Sealed submissions must be filed on ECF with explanation of sealing necessity.
Written submissions to be filed under seal should also be filed on ECF. Instructions for electronically filing sealed documents are available on the Eastern District's website at https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf (civil) and https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf (criminal). Unless prior approval has been granted, each submission shall be accompanied by an explanation of why sealing is necessary.
Page 1 | CASE FILINGS - Filing Under Seal
Filing Bundling Requirements
Motion papers cannot be filed via ECF until fully briefed when pre-motion conference is required.
In cases where a pre-motion conference is required, the parties shall not file their motion papers via ECF until the motion has been fully briefed.
Page 4 | Filing of Motion Papers
Pre-Motion Conference Requirements
Pre-motion letter limited to 3 pages; responses due within 7 business days.
To request a pre-motion conference, the moving party shall submit a letter, not to exceed three (3) pages, setting forth the legal and factual basis for the anticipated motion. Parties must use the “letter” event on ECF, not the “motion” event. All parties so served must file and serve a letter response, not to exceed three (3) pages, within seven (7) business days from service of the pre-motion letter.
Page 3 | Requesting a Pre-Motion Conference
Pre-motion conference required for Rule 12, 56, venue change, or Rule 15 leave motions when all parties are represented.
In cases where all parties are represented, a pre-motion conference with the court is required before making any of the following motions: i. Any motion pursuant to Rules 12 or 56 of the Federal Rules of Civil Procedure; ii. Any motion for a change of venue; or iii. Any motion to amend a pleading pursuant to Rule 15 of the Federal Rules of Civil Procedure where leave of the court is required.
Page 3 | Pre-Motion Conferences in Civil Cases
Cover letter only filed via ECF "letter" event; papers served but not filed initially.
To start the briefing process, a notice and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. A copy of the cover letter only – and not the papers themselves – shall be filed electronically using the “letter” event on ECF, not the “motion” event or “notice of motion” event.
Page 4 | Filing of Motion Papers
Briefing schedule approved after pre-motion conference; changes require court approval.
After the pre-motion conference, the court will approve a briefing schedule. No subsequent changes to the briefing schedule may be made without court approval.
Page 4 | Briefing Schedule
Pre-motion conference not required if any party is pro se.
In cases where one or more party is pro se, a pre-motion conference is not required.
Page 3 | Pre-Motion Conferences in Civil Cases
Pre-motion letter counts as motion for timing purposes under Rules 12(a) and 56(b).
For purposes of the timing requirements under Rule 12(a) and Rule 56(b), a pre- motion letter requesting permission to file a motion under those rules shall be considered the equivalent of the motion itself.
Page 4 | Time to File
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. The court will determine whether argument will be heard and, if so, will advise parties of the argument date.
Page 5 | ORAL ARGUMENT ON MOTIONS
Adjournment & Extension Requirements
Adjournment requests affecting other dates need revised scheduling order; 48-hour notice required.
If the requested adjournment or enlargement affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. If the request is for an adjournment of a court appearance, it shall be made at least 48 hours prior to the scheduled appearance, absent an emergency.
Page 2 | CASE FILINGS - Requests for Adjournment or Enlargement of Time
Adjournment requests must be in writing with specific required information.
All requests for adjournment or enlargement of time must be in writing and state (1) the original date, (2) the number of previous requests for adjournment or enlargement, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Page 2 | CASE FILINGS - Requests for Adjournment or Enlargement of Time
Motions may be filed within federal rule deadlines if compliance would deprive substantive rights.
If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these individual practices, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.
Page 5 | MOTIONS IMPLICATING FED. R. APP. P. 4(a)(4)(A) OR SIMILAR TIME-LIMITING RULES
Chambers Communication Rules
Communications with chambers must be in writing via ECF with copies to non-ECF parties.
Except as provided below, all communications with chambers shall be in writing and filed via ECF, with copies simultaneously delivered to all parties who do not receive automatic notification through ECF. Copies of correspondence between counsel shall not be sent to the court.
Page 2 | COMMUNICATIONS WITH CHAMBERS - Written Communications with Chambers
Only attorneys and staff may call chambers; must provide case name and docket number.
Only attorneys and their staff may call chambers; the parties themselves may not. When calling chambers, please state the full case name and docket number.
Page 2 | COMMUNICATIONS WITH CHAMBERS - Telephone Calls