Judge Diane Gujarati
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 3 copies • One Week Before Trial
Adjournments
- Adjournment and extension requests require at least two business days of advance notice.
- Absent emergency, adjournments of appearances and filing deadline extensions must be requested at least two business days in advance.
- Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.
- Adjournment or extension requests must be written and include specific required details including reason, deadline history, adversary position, and proposed new dates.
- If an adjournment or extension affects other scheduled dates, revised dates for those affected dates should be proposed.
- +2 more
Request must include
- Sentencing adjournment requests must be made at least one week before the scheduled sentencing.
- Sentencing adjournment requests must be made in writing at least one week in advance and must include the reason and opposing party consent position, including reasons for any non-consent.
- Applications for adjournments must be made at least one week before sentencing.
Communication
Phone
Phone
Chambers
Page & Word Limits5 rules
Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.
- Opening and opposition briefs
- Up to 25 pages
- Opening brief
- Opposition
Objections and responses not to exceed fifteen (15) pages.
- Page limit
- Up to 15 pages
Reply memoranda are limited to ten (10) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.
- Reply memorandum
- Up to 10 pages
- Format
- Double-spaced
- Reply
Excluded from page count
- •Table of contents
- •Table of authorities
- •Exhibits
- •Appendices
- •Attachments
Support and opposition memoranda are capped at 25 double-spaced pages, excluding specified materials.
- Memorandum of law
- Up to 25 pages
- Format
- Double-spaced
- Opposition
Excluded from page count
- •Table of contents
- •Table of authorities
- •Exhibits
- •Appendices
- •Attachments
Court's wording
Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.
Objections to R&Rs and responses to objections may not exceed fifteen (15) double-spaced pages and shall conform to the requirements of Individual Practice Rule III.C.2.
- Rr objection or response
- Up to 15 pages
- Format
- Double-spaced
- Objection
- Response
Document Format Requirements9 rules
Mandatory for all submissions.
Formatting
- •Text-searchable submissions mandatory
Provide the Court with three (3) tabbed binders containing copies of all exhibits and provide exhibit list.
- Binding
- Tabbed binder
- Exhibits
All written submissions and supporting materials must be text-searchable, to the extent practicable. The Court may strike non-compliant submissions.
All memoranda must meet specified formatting and filing-content requirements, including 12-point font, one-inch margins, text-searchability, and service-date cover notation.
- Font size
- 12 points
- Margins
- 1 inch
Formatting
- •Includes footnotes in 12-point font
- •Filed in a text-searchable format
- •Case citations to official reporters, or Westlaw/Lexis where unavailable
Court's wording
All memoranda of law shall be produced in 12-point font, including footnotes, and shall have one-inch margins on all sides. All memoranda must be filed in a text-searchable format and must have the date of service printed on the front cover. Case law citations shall be to official case reporters or, for decisions not available in official reporters, to the Westlaw or Lexis electronic case database.
Objections to R&Rs and responses to objections may not exceed fifteen (15) double-spaced pages and shall conform to the requirements of Individual Practice Rule III.C.2.
- Objection
- Response
Formatting
- •Conform to Individual Practice Rule III.C.2
Requests to charge, proposed verdict sheets, and proposed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Microsoft Word formats no later than three (3) weeks before trial, unless otherwise ordered by the Court.
- Jury instructions
- Verdict sheet
- Voir dire questions
Formatting
- •Filed on ECF
- •Unless otherwise ordered by the Court
The parties shall provide the Court with three (3) tabbed binders containing copies of all exhibits one (1) week before trial, unless otherwise ordered by the Court.
- Exhibits
Formatting
- •Provide one (1) week before trial
- •Unless otherwise ordered by the Court
The plaintiff’s exhibits must be pre-marked with numbers. The defendant’s exhibits must be pre-marked with letters.
Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.
Formatting
- •Multipage documents offered in evidence must be paginated in advance of trial
Document Filing Requirements34 rules
Attach a redline comparison (or equivalent) as an exhibit.
Required for any submission that cites record material.
Provide the Court with three (3) tabbed binders containing copies of all exhibits and provide exhibit list.
- Document
- Exhibits
Include
- •Exhibit list
File a proposed joint Pretrial Order. (If dispositive motion pending, proposed joint Pretrial Order due thirty (30) days after resolution of motion.)
Twenty-five (25) pages for opening and opposition briefs, ten (10) pages for reply briefs; tables of contents and tables of authorities required.
File proposed findings of fact and conclusions of law no later than ten (10) days post-trial; no responses permitted.
Any request for relief from the Court, including a request for an adjournment or extension of time, must be filed as a “motion” on ECF.
Except for pro se parties, any party filing an amended or supplemented pleading shall attach as an exhibit to the filing a redline comparison (or equivalent) against the prior filing.
In pro se cases, parties must jointly file a proposed briefing schedule instead of requesting a pre-motion conference for Daubert, Rule 12, and Rule 56 motions.
Court's wording
In cases where one or more parties are proceeding pro se, the parties shall, in lieu of requesting a pre-motion conference, jointly file a proposed briefing schedule for any Daubert motion or motion pursuant to Fed. R. Civ. P. 12 or 56. Filing of a proposed briefing schedule within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.
Parties must provide evidentiary citations, including specific transcript pages, in any submission that cites record material.
Memoranda must include both a table of contents and a table of authorities.
Court's wording
Memoranda of law in support of and in opposition to motions are limited to twenty-five (25) double-spaced pages, not including tables of contents or tables of authorities (both of which are required), exhibits, appendices, or attachments.
Once fully briefed, the movant must file all motion papers with separate docket entries for each party and for any reply brief.
Court's wording
On the day the motion is fully briefed, the movant shall electronically file all of the parties’ motion papers. Separate docket entries should be used for each party’s papers and a separate docket entry should be used for any reply brief.
2. Parties and Counsel. The names (including firm names), addresses, and telephone numbers of trial counsel.
Any request for extension of the deadline for filing objections or responses to objections shall be addressed to Judge Gujarati rather than to the Magistrate Judge.
5. Jury or Bench Trial. A statement by each party as to whether the case will be tried with or without a jury, and the number of trial days needed.
Joint pretrial orders must include a magistrate-consent statement without identifying which parties did or did not consent.
Court's wording
6. Consent to Trial by a Magistrate Judge. A statement as to whether all parties have consented to trial of the case by a magistrate judge. The statement shall not identify which parties have or have not consented.
1. Caption. The full caption of the action.
Include
- •Caption
Parties must jointly submit a proposed pretrial order within 30 days of discovery completion or within 30 days after dispositive motions are resolved.
Court's wording
Unless otherwise ordered by the Court, the parties shall jointly submit to the Court a proposed Pretrial Order within thirty (30) days after the completion of discovery in a civil case or, if dispositive motions remain pending, within thirty (30) days after the Court resolves all such motions.
7. Statement of Relief Sought. A detailed statement of the damages and other relief sought by the plaintiff.
Joint pretrial orders must summarize remaining claims and defenses with statutory citations and identify previously asserted claims/defenses that will not be tried.
Court's wording
4. Claims and Defenses. A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters. The summaries shall also identify all claims and defenses previously asserted which will not be tried.
Joint pretrial orders must contain specified plaintiff and defendant jurisdiction statements with legal and factual citations.
Court's wording
3. Jurisdiction. A brief statement by the plaintiff explaining the basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on and (ii) relevant facts concerning citizenship and jurisdictional amount.
Any request to schedule a change of plea hearing shall be accompanied by an elements sheet and any relevant agreement and/or penalty sheet.
The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed-upon requests to charge and, where no agreement is reached, each party’s proposed charge and/or one party’s proposed charge with an explanation of any other party’s objection to that charge.
In non-jury trials, parties shall file proposed findings of fact and conclusions of law no later than ten (10) days after the conclusion of trial. Responses to such submissions are not permitted.
If applicable, the Government’s sentencing memorandum shall address restitution. The Government shall also advise the Court if a victim will be making a victim impact statement.
Provide pro se litigants with a copy of this Court’s Individual Practice Rules and file a certificate of service as early as practicable in the litigation.
Pre-motion letters and responses must contain sufficient legal authority to serve this purpose.
If the parties follow this practice, the notice of motion 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. Only a copy of the cover letter shall be electronically filed on ECF in advance of the fully briefed motion, and it must be filed as a letter, not as a motion.
Exhibit lists shall also be provided, and the information therein shall be contained in four columns, titled Exhibit; Description; Identified; and Admitted, respectively.
Requests to charge must contain citations to supporting authority.
Any party seeking an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, should be prepared to state at the time the exclusion is requested: the ground(s) supporting the exclusion and the relevant statutory section(s).
The Government’s exhibits must be pre- marked with numbers. The defendant’s exhibits must be pre-marked with letters. Documents to be offered in evidence that contain multiple pages shall be paginated by counsel in advance of trial.
Parties may request oral argument by noting “Oral Argument Requested” below the docket number on the moving or opposing papers.
- Document
- Moving or opposing papers
Include
- •Oral Argument Requested
File requests to charge, proposed verdict sheets, and proposed voir dire questions.
Filing & Service rules
Courtesy Copy Requirements
Parties must deliver three tabbed binders of all exhibits to the Court one week before trial unless the Court orders otherwise.
The parties shall provide the Court with three (3) tabbed binders containing copies of all exhibits one (1) week before trial, unless otherwise ordered by the Court.
Page 12 | C. Trial Exhibits
Courtesy copy submission is suspended until further notice.
Suspended until further notice.
Page 1 | Case Filings
Courtesy copy submissions are currently suspended.
Courtesy copy requirements are suspended until further notice.
Page 5 | I.C. Courtesy Copies
Sealing & Redaction Procedures
Sealed filings must be filed through ECF under seal.
File via ECF under seal.
Page 1 | Case Filings
Sealing requests must comply with EDNY Administrative Order No. 2004-05.
Parties must comply with Administrative Order No. 2004-05, In Re: Requests to Seal Documents (E.D.N.Y. Apr. 20, 2004), which can be found at:
Page 5 | I.B. Filing Under Seal
Sealed filings must be made via ECF and include a sealing motion, following EDNY website instructions.
Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion via ECF in accordance with the instructions on the Eastern District’s website at:
Page 5 | I.B. Filing Under Seal
Filing Bundling Requirements
Parties must submit one joint requests-to-charge document that includes agreed requests and any disputed proposals with objections.
The parties should endeavor to agree upon the requests to charge, to the extent possible, and must submit a single, joint document setting forth all agreed-upon requests to charge and, where no agreement is reached, each party’s proposed charge and/or one party’s proposed charge with an explanation of any other party’s objection to that charge.
Page 12 | B. Filings Prior to Trial
The Court encourages parties to wait to file motion papers until briefing is complete, except when delay risks missing a deadline.
As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed, unless doing so might cause a party to miss an applicable deadline.
Page 9 | Civil Motions
The Court encourages parties to hold motion-paper filing until full briefing is complete unless that would risk missing a deadline.
As a courtesy, the Court requests that parties refrain from filing motion papers until a motion is fully briefed, unless doing so might cause a party to miss an applicable deadline.
Page 2 | Civil Motions
Pre-Motion Conference Requirements
Daubert and Rule 12 pre-motion letters and responses are limited to three pages, responses are due within one week, and Rule 12 responses must address leave to amend.
For Daubert motions and motions under Fed. R. Civ. P. 12: Three (3) pages for letter requesting pre- motion conference. Three (3) pages for response, due within one (1) week. For motions under Fed. R. Civ. P. 12, response must state whether party will seek leave to amend.
Page 1 | Civil Motions
Pre-motion conference requests are required for Daubert and Rules 12/56 motions, with listed case-type and pro se exceptions, and pro se cases must submit a joint proposed briefing schedule instead.
Required for Daubert motions and motions under Fed. R. Civ. P. 12 or 56 in all cases except bankruptcy appeals, social security appeals, habeas corpus/prisoner petition cases, or cases in which one or more parties are proceeding pro se. For cases in which one or more parties are proceeding pro se, joint proposed briefing schedule required in lieu of Civil Motions Pre-Motion Conferences pre-motion conference request.
Page 1 | Civil Motions
Rule 56 pre-motion letters and responses are capped at three pages, Rule 56.1 statements are required on both sides, and the response package is due within two weeks.
For motions under Fed. R. Civ. P. 56: Three (3) pages for letters requesting pre-motion conference. Rule 56.1 Statement required. Three (3) pages for response. Responsive Rule 56.1 Statement required. Response letter and responsive Rule 56.1 Statement due within two (2) weeks.
Page 2 | Civil Motions
Motions in limine must be filed thirty days before trial, and responses are due ten days after filing.
File motions in limine. Responses due ten (10) days after motion filed.
Page 3 | Criminal – Trial
For Rule 56 motions, the moving party must file a Rule 56.1 statement with the pre-motion letter and file cited evidence as declaration exhibits.
For motions pursuant to Fed. R. Civ. P. 56: At the time the moving party files its pre-motion conference letter, the moving party must also file a statement of material facts on motion for summary judgment (“Rule 56.1 Statement”) in the form set forth in Local Civil Rule 56.1. Any evidence cited in a party’s Rule 56.1 Statement must be attached as an exhibit to a declaration and filed along with the party’s Rule 56.1 Statement.
Page 7 | III.A.2 Pre-Motion Conferences
Pre-motion conferences are required before Rule 12, Rule 56, and Daubert motions in civil cases, except in specified exempt categories.
Pre-motion conferences are not required in bankruptcy appeals, social security appeals, habeas corpus/prisoner petition cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference with the Court before filing any motion pursuant to Fed. R. Civ. P. 12 or 56, or before filing a Daubert motion.
Page 7 | III.A.1 Pre-Motion Conferences
Any party served with a pre-motion conference letter must file and serve a response letter.
All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response.
Page 7 | III.A.3 Pre-Motion Conferences
A pre-motion conference request must be made by a letter from the moving party limited to three pages and stating the basis for the anticipated motion.
To request a pre-motion conference, the moving party must file and serve a letter, not to exceed three (3) pages, setting out the bases for the anticipated motion.
Page 7 | III.A.2 Pre-Motion Conferences
For Daubert and Rule 12 motions, response letters are due within one week, limited to three pages, and must include amendment-position details for anticipated dismissal motions.
For Daubert motions and motions pursuant to Fed. R. Civ. P. 12: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within one (1) week of service of the moving party’s letter. The response shall not exceed three (3) pages. When a party responds to a pre-motion letter in anticipation of a motion to dismiss, the party must state whether it will seek leave to amend in light of one or more of the alleged pleading defects and must indicate the nature of any contemplated amendment.
Page 7 | III.A.3 Pre-Motion Conferences
For Rule 56 motions, response letters are due within two weeks, capped at three pages, and must include a responsive Rule 56.1 statement with cited evidence attached as exhibits.
For motions pursuant to Fed. R. Civ. P. 56: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within two (2) weeks of service of the moving party’s letter. The response shall not exceed three (3) pages. The responding party must also file a responsive Rule 56.1 Statement in the form set forth in Local Civil Rule 56.1. Any evidence cited in a party’s responsive Rule 56.1 Statement must be attached as an exhibit to a declaration and filed along with the party’s responsive Rule 56.1 Statement.
Page 8 | III.A.3 Pre-Motion Conferences
Except for emergency motions, parties must wait for a court-entered briefing schedule before serving motion papers, cannot change that schedule without court approval, and may not file sur-replies.
Except for motions seeking emergency relief, parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval. Sur-replies are not permitted.
Page 8 | III.B.3 Briefing Schedule
Section III.A pre-motion procedures apply only to Daubert, Rule 12, and Rule 56 motions, and do not require pre-motion letters for Rule 50, 59, or 60 motions.
The provisions of this section (III.A) of these Individual Practice Rules do not apply to motions other than Daubert motions and motions filed pursuant to Fed. R. Civ. P. 12 or 56. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59, or 60.
Page 8 | III.A.5 Pre-Motion Conferences
Unless otherwise ordered by the Court, any motions addressing evidentiary or other issues that should be resolved in limine shall be filed thirty (30) days before the commencement of trial; a motion response, if any, is due ten (10) days after the motion is filed. Replies are not permitted.
Unless otherwise ordered by the Court, any motions addressing evidentiary or other issues that should be resolved in limine shall be filed thirty (30) days before the commencement of trial; a motion response, if any, is due ten (10) days after the motion is filed. Replies are not permitted.
Page 11 | B. Filings Prior to Trial
Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.
Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.
Page 14 | VI.E. Motions
For motions, the Court sets the briefing schedule and parties may request oral argument.
Briefing schedule to be set by the Court. For Memoranda of Law, see Rule III.C. For Evidentiary Citations, see Rule III.D. Parties may request oral argument.
Page 3 | Criminal – General
The Court sets briefing schedules, and parties are encouraged to submit joint schedule proposals.
Motion briefing schedules will be set by the Court. Parties are encouraged to jointly propose briefing schedules.
Page 8 | III.B.1-2 Briefing Schedule
The Court may skip a pre-motion conference and may, in appropriate cases, treat the pre-motion submission and conference arguments as the motion itself.
The Court may determine in some cases after a pre-motion conference request is filed that such a conference is unnecessary and may set a briefing schedule without holding a conference. In appropriate cases, the Court may exercise its discretion to construe the pre-motion letter, along with counsel’s arguments at the pre-motion conference, as the motion itself.
Page 8 | III.A.4 Pre-Motion Conferences
Oral argument on criminal motions is discretionary with the Court, though parties may request it.
Oral Argument on Motions. The Court will determine whether to hear oral argument on motions. Parties may request oral argument.
Page 14 | VI.E. Motions
Adjournment & Extension Requirements
Adjournment and extension requests require at least two business days of advance notice.
Provide at least two (2) business days’ notice.
Page 1 | Case Filings
Applications for adjournments must be made at least one week before sentencing.
Due at least one (1) week before the date of sentencing.
Page 3 | Sentencing
A chambers phone call is mandatory for requests to adjourn court appearances scheduled within 24 hours.
A party must call chambers when seeking to adjourn a court appearance scheduled to take place within 24 hours.
Page 6 | II.B. Telephone Calls
Absent emergency, adjournments of appearances and filing deadline extensions must be requested at least two business days in advance.
Absent an emergency, requests for adjournments of court appearances and extensions of filing deadlines shall be made at least two (2) business days prior to the scheduled appearance or filing deadline.
Page 6 | I.F. Requests for Adjournments or Extensions of Time
Adjournment or extension requests must be written and include specific required details including reason, deadline history, adversary position, and proposed new dates.
All requests for adjournments or extensions of time must be in writing and state: (i) the reason for the request; (ii) the original deadline; (iii) the number of previous requests for adjournments or extensions; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons given by the adversary for declining to consent; and (vi) proposed date(s) for adjournment or extension of time.
Page 6 | I.F. Requests for Adjournments or Extensions of Time
Sentencing adjournment requests must be made at least one week before the scheduled sentencing.
Requests for adjournments of sentencings shall be made at least one (1) week before the scheduled sentencing.
Page 6 | I.F. Requests for Adjournments or Extensions of Time
Sentencing adjournment requests must be made in writing at least one week in advance and must include the reason and opposing party consent position, including reasons for any non-consent.
Applications regarding sentencing adjournments shall be made in writing at least one (1) week prior to the date of sentencing and must state the reason for the request and whether the opposing party consents. If the opposing party does not consent, the application for adjournment must provide the reasons given by the opposing party for declining to consent.
Page 15 | VIII.B. Sentencing
Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.
Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.
Page 1 | Communications with Chambers
Extension requests for objection/response deadlines must be directed to Judge Gujarati.
Requests for extensions of time to file objections and/or responses to be addressed to Judge Gujarati.
Page 2 | Civil Motions
If an adjournment or extension affects other scheduled dates, revised dates for those affected dates should be proposed.
If the requested adjournment or extension affects any other scheduled date, the party seeking the adjournment should propose revisions of the additional affected date(s).
Page 6 | I.F. Requests for Adjournments or Extensions of Time
Chambers Communication Rules
Written communications with chambers must be filed through ECF.
File via ECF.
Page 1 | Communications with Chambers
Non-emergency communications with chambers must be in writing and filed via ECF, with simultaneous copies to parties not receiving ECF notice.
Except in emergency situations requiring immediate attention or as otherwise noted in these Individual Practice Rules, 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.
Page 6 | II.A. Written Communications with Chambers
In newly assigned criminal cases, the U.S. Attorney’s Office must promptly inform chambers of assignment and specified prior SDNY Criminal Division involvement, and phone calls to chambers may be used for this.
Assistant United States Attorneys are responsible for informing chambers as soon as a new case has been assigned to Judge Gujarati so that a conference can be scheduled. The United States Attorney’s Office must also inform chambers whether or not the Criminal Division of the United States Attorney’s Office for the Southern District of New York had any involvement in the case’s investigation or prosecution prior to September 22, 2020. 2 Telephone calls to chambers are permitted for these purposes.
Page 13 | VI.A. Preliminary Matters
Telephone calls to chambers are allowed for urgent matters and for adjournment requests when an appearance is within 24 hours.
Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.
Page 1 | Communications with Chambers
Telephone calls to chambers are generally discouraged but allowed for urgent matters.
Telephone calls to chambers are generally disfavored but are permitted for urgent matters.
Page 6 | II.B. Telephone Calls
ECF technical help is available by phone through the ECF helpline at (718) 613-2285, not through chambers staff.
Chambers staff cannot help with filing via ECF. For ECF assistance, please call the ECF helpline at (718) 613-2285.
Page 5 | I.A. Electronic Case Filing (ECF)