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Court Rules
Judge

Judge Alvin K. Hellerstein

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of New York

Limits & Logistics

Courtesy Copies

Courtesy copies

  • 1 copy • Mail

Binding: Securely Bound

Adjournments

48Hoursnotice
  • Adjournment or extension requests must be written, submitted at least 48 hours in advance, include specific required information, and should be faxed to Chambers.
  • Adjournment/extension requests require 48-hour advance written notice with specific required elements.
Original DateNumber of Previous RequestsPrevious Requests Granted or DeniedAdversary PositionAffects Other DatesProposed New DatesProposed Rescheduled Date
  • Requests for relief from case management dates must follow Individual Rules and include proposed order with all affected dates.
  • Adjournment and discovery/procedural ruling motions must include all parties' positions and follow Individual Rules 1(D) and 2(E).
  • Requests to modify Case Management Plan dates must include a proposed order with counsel consents/disagreements, affected dates, and proposed new dates.
  • +1 more

Request must include

Affects Other DatesProposed New DatesAdversary PositionReason for Request

Communication

Email

Chambers

wtc_letters@nysd.uscourts.gov
Scheduling
No status inquiries
Fax

Chambers

(212-805-7942)
SchedulingEmergenciesTechnical Issues
Phone

Chambers

SchedulingEmergencies
Letter via fax

Chambers

Emergencies
Hours: permission required 8:30 A.M. - 5:30 P.M.; no permission needed after 5:30 P.M. - 8:30 A.M.
Filters:

Page & Word Limits2 rules

Page LimitsNote

The Court does not impose a page limit for briefs.

Page LimitsNote

The Court does not impose a page limit for briefs.

Document Format Requirements16 rules

FormattingMandatory

All affidavits and exhibits shall be clearly identified by tabs on both original and courtesy copies.

FormattingMandatory

All affidavits, exhibits, and motions shall be bound.

Binding
Securely bound
FormattingMandatory

Exhibits shall be marked sequentially such that no exhibit number or letter repeats, regardless of the affidavit to which it is attached.

FormattingMandatory

Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters.

FormattingMandatory

In any event, courtesy copies are to be submitted without plastic covers.

FormattingMandatory

The submissions described in ii and iii above shall be in both hard copy and electronically in MS Word format (by email or CD-Rom).

File type
Word
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
FormattingMandatory

Parties must bring loose-leaf exhibit binders to pretrial conference; defendants must not duplicate plaintiff exhibits.

Court's wording

plaintiffs and defendants shall bring to the conference loose-leaf exhibit binders of all exhibits they actually intend to offer at the trial. Defendants shall not duplicate exhibits identified by Plaintiffs.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionJoint Pretrial Orders in Civil Cases
FormattingMandatory

The submissions described in ii and iii above shall be in both hard copy and electronically in MS Word format (by email or CD-Rom).

File type
Word
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
FormattingMandatory

Faxes limited to 5 pages without special permission, only for urgent matters, adjournment requests, or technology requests.

Court's wording

Faxes may be sent only: for urgent matters requiring an immediate response from Chambers; to request an adjournment or extension of time as provided by Rule 1.D; or to make a technology request as provided by Rule 1.F. Faxes should be brief and may not exceed 5 pages without special permission from Chambers. Do not follow faxes with a hard copy.

FormattingMandatory

ECF required for civil/criminal cases filed after March 1, 2004; text-searchable format required.

Applies to
  • Motion
  • Brief
  • Exhibits
  • Letter
  • Chambers copy

Formatting

  • Text-searchable

Court's wording

ECF Cases. All civil and criminal cases (except pro se and special cases) filed on or after March 1, 2004 assigned to Judge Hellerstein are ECF cases. All counsel must register for ECF in each case pending before this Court. Counsel are responsible for checking their registered email and court docket sheet for memo- endorsements and orders. If counsel are not receiving such emails, please contact the ECF Help Desk at (212) 805-0800. All filings on ECF which can be made text-searchable shall be text-searchable.

FormattingImportant

All filings on ECF which can be made text-searchable shall be text-searchable.

Formatting

  • Text-searchable
FormattingImportant

All affidavits, exhibits, and motions shall be bound.

Binding
Securely bound
Applies to
  • Motion
  • Exhibits
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 3
|SectionFiling of Motion Papers - Affidavit and Exhibit Requirements
FormattingImportant

In the event of an especially voluminous submission, and only with written approval from Chambers, parties may submit their exhibits by CD.

FormattingImportantCivil cases

Written communications of six (6) to twenty (20) pages may be faxed, without permission, only after hours: after 5:30 P.M through 8:30 A.M. the following morning. During office hours, between 8:30 A.M. and 5:30 P.M., permission to fax 6- to 20-page documents is necessary. No hard copy should be sent if a copy is sent by facsimile.

Applies to
  • At least 6 pages

Formatting

  • No permission after hours
  • Permission during office hours
  • No hard copy needed
akhSept11thRules · Dec 2006 · p. 1
|SectionFacsimile Communication
FormattingImportantCivil cases

Fax communications of 21+ pages require permission, granted only in urgent circumstances.

Applies to
  • At least 21 pages

Formatting

  • Permission required
  • Urgent circumstances only
  • No hard copy needed

Court's wording

Written communications of twenty-one (21) pages or more may only be faxed with permission. Permission is likely to be granted only in urgent circumstances. No hard copy should be sent if permission is given to fax the document.

akhSept11thRules · Dec 2006 · p. 1
|SectionFacsimile Communication
FormattingNoteCivil cases

Written communications of six (6) pages or fewer may be faxed at any time without permission. No hard copy should be sent if a copy is sent by facsimile.

Applies to
  • Up to 6 pages

Formatting

  • No permission required
  • No hard copy needed
akhSept11thRules · Dec 2006 · p. 1
|SectionFacsimile Communication

Document Filing Requirements44 rules

Filing RequirementsMandatory

Disputes must be submitted in a single joint letter describing meet and confer efforts; separate letters rejected.

Court's wording

Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed. Separate and successive letters will be returned, unread. Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

Filing RequirementsMandatory

Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed.

Filing RequirementsMandatory

The Court will not resolve disputes not brought to its attention in conformity with this rule.

Filing RequirementsMandatory

All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Document
Motion

Must include

  • Table of contents
Filing RequirementsMandatory

No later than 48 hours prior to an initial conference, counsel shall file, via ECF, a proposed case management plan, using the template attached to these individual Rules.

Filing RequirementsMandatory

Letter motions or oppositions will not be accepted.

Filing RequirementsMandatory

Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

Filing RequirementsMandatory

Parties shall refer to exhibits already filed and not duplicate them.

Filing RequirementsMandatory

Letter motions or oppositions will not be accepted.

Filing RequirementsMandatory

All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Document
Motion

Must include

  • Table of contents
Filing RequirementsMandatory

Separate and successive letters will be returned, unread.

Filing RequirementsMandatory

The parties shall submit, three days prior to that conference, for the Court’s approval, a joint pretrial order, which shall include the following:

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsMandatory

Default judgment motions require proof of service and agency relationship or compliance description.

Document
Default judgment

Must include

  • Proof of service

Court's wording

Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made.

Filing RequirementsMandatory

Default judgment motions must include proofs of service and entity documentation.

Document
Default judgment

Must include

  • Certificate of service

Court's wording

Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made. If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Filing RequirementsMandatory

Entity default judgments require charter copy and entity type discussion.

Document
Default judgment

Must include

  • Entity charter copy

Court's wording

If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Filing RequirementsMandatory

On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate:

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
Filing RequirementsMandatory

Parties must submit pretrial memoranda, proposed jury charges/voir dire (jury trials), or proposed findings/conclusions (non-jury trials) no later than 3 days before final pretrial conference, in duplicate.

Court's wording

On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate: i. For jury and non-jury trials, a pretrial memorandum, describing the party's position on the factual and legal issues to be tried. ii. For jury trials, proposed requests to charge and proposed voir dire questions. iii. For non-jury trials, proposed findings of fact and conclusions of law for each claim and defense.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
Filing RequirementsMandatory

Parties moving the Court to approve a collective action notice shall use the template attached.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 7
|Section6. Notice for Collective Action Lawsuits
Filing RequirementsMandatory

DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers. (See 1(B)(ii).)

Filing RequirementsMandatoryCivil cases

Docket numbers must appear on all submissions to the Court.

Document
All submissions

Must include

  • Case number
Filing RequirementsMandatoryCivil cases

Docket numbers must appear on all submissions to the Court.

Document
All documents

Must include

  • Case number
akhSept11thRules · Dec 2006 · p. 1
|Section1. Counsel Communication with the Court - E. Docketing
Filing RequirementsMandatoryCivil cases

If a filing relates to all of the cases within a group, the master caption should be used. If a filing relates to specific case, the individual docket number and the master docket number should appear on the filing.

Document
All documents
Placement
Caption

Should include

  • Case number
akhSept11thRules · Dec 2006 · p. 1
|Section1. Counsel Communication with the Court - E. Docketing - v
Filing RequirementsImportant

Exhibits must be sequentially marked (plaintiffs use numbers, defendants use letters) without duplication.

Court's wording

Exhibits shall be marked sequentially such that no exhibit number or letter repeats, regardless of the affidavit to which it is attached. Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters. Parties shall refer to exhibits already filed and not duplicate them.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 3
|SectionFiling of Motion Papers - Affidavit and Exhibit Requirements
Filing RequirementsImportant

Affidavits and exhibits shall be clearly identified by tabs on both original and courtesy copies.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 3
|SectionFiling of Motion Papers - Affidavit and Exhibit Requirements
Filing RequirementsImportant

Settlement documents must be exhibited to Court for review if requesting retention of jurisdiction.

Court's wording

In the case of settlements, requests that the Court retain jurisdiction will be considered only if all documents relating to the settlement are exhibited to the Court for review and further instructions, which may include requiring the parties to file all such documents and make them publicly accessible.

Filing RequirementsNote

The full caption of the action, omitting all dismissed parties.

Include

  • Caption
  • Omitting all dismissed parties
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

Joint pretrial order requires jurisdiction statements with citations and facts.

Must include

  • Jurisdiction statements

Court's wording

A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes and cases relied on and relevant facts as to citizenship and jurisdictional amount.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

A brief summary of the claims and defenses to be tried, without recital of evidentiary matter but including citations to all statutes and cases relied on.

Include

  • Claims defenses summary
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

Following the close of discovery, unless otherwise ordered by the Court, a final pretrial conference will be scheduled as close as possible to the date that the trial is scheduled to begin.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

A statement as to whether the case is to be tried with or without a jury, and the estimated number of trial days (including direct and cross-examination for all witnesses).

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

A statement as to whether or not all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

Joint pretrial order requires marked pleadings showing admissions/denials.

Court's wording

A copy of the pleadings marked to show, for each claim and defense, in the margin next to each allegation thereof, the admissions and denials; and if any claims or defenses have been withdrawn or previously determined.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

A list of exhibits actually intended to be offered at trial, indicating exhibits to which no party objects on grounds of authenticity and exhibits to which no party objects on any ground.

Include

  • Exhibit list
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

For jury and non-jury trials, a pretrial memorandum, describing the party’s position on the factual and legal issues to be tried.

Document
Pretrial memorandum

Include

  • Factual legal positions
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
Filing RequirementsNote

The procedures for trials in criminal cases shall be the same (to the extent practicable) as the procedures for trials in civil cases.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Criminal Cases
Filing RequirementsNote

Joint pretrial order requires witness list and deposition designations.

Court's wording

A list of each party’s witnesses actually intended to be called, and, if the witness cannot be present and will testify through deposition, the precise portions of deposition transcripts actually intended to be introduced together with any cross-designations and objections by any other party.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

For non-jury trials, proposed findings of fact and conclusions of law for each claim and defense.

Document
Non-jury trial pretrial filing

Include

  • Proposed findings of fact
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
Filing RequirementsNote

Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters; and plaintiffs and defendants shall bring to the conference loose-leaf exhibit binders of all exhibits they actually intend to offer at the trial.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

Defendants shall not duplicate exhibits identified by Plaintiffs.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionJoint Pretrial Orders in Civil Cases
Filing RequirementsNote

Motions in limine heard at final pretrial conference, counsel schedules timing.

Court's wording

Motions in limine will be heard at the final pre-trial conference. Counsel shall schedule the motions to suit their convenience, providing sufficient time for the court to understand, and rule on, the disputed issues.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
Filing RequirementsNote

For jury trials, proposed requests to charge and proposed voir dire questions.

Document
Jury trial pretrial filing

Include

  • Proposed requests to charge
  • Proposed voir dire questions
AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 6
|SectionFilings Prior to Trial in Civil Cases
Filing RequirementsNote

Technology requests require hard copy submission with form and explanation letter, may be faxed.

Document
Technology request

Must include

  • Technology form

Court's wording

Technology Requests. Under appropriate circumstances, counsel may bring laptops and other technology, such as projectors, into the courtroom. Counsel who wish to bring such technology into the courtroom must fill out the technology request form provided on the Court’s website (under Local Rules/Standing Orders – Electronic Device Order). Counsel shall submit a hard copy of the request, along with a letter explaining the need for the technology requested. The letter and technology form may be faxed to Chambers.

Filing RequirementsMandatory

Joint pretrial orders must include caption, counsel info, jurisdiction statements, claims/defenses summary, marked pleadings, jury/trial estimate, magistrate consent, witness lists, and exhibit lists.

Document
Pretrial order

Must include

  • Caption
  • Exhibit list

Court's wording

The parties shall submit, three days prior to that conference, for the Court's approval, a joint pretrial order, which shall include the following: i. The full caption of the action, omitting all dismissed parties. ii. The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel. iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. iv. A brief summary of the claims and defenses to be tried, without recital of evidentiary matter but including citations to all statutes and cases relied on. v. A copy of the pleadings marked to show, for each claim and defense, in the margin next to each allegation thereof, the admissions and denials. vi. A statement as to whether the case is to be tried with or without a jury, and the estimated number of trial days. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. ix. A list of each party's witnesses actually intended to be called, and, if the witness cannot be present and will testify through deposition, the precise portions of deposition transcripts actually intended to be introduced together with any cross-designations and objections by any other party. x. A list of exhibits actually intended to be offered at trial, indicating exhibits to which no party objects on grounds of authenticity and exhibits to which no party objects on any ground.

AKH Hellerstein RULES - Oct23-2025 · Oct 2025 · p. 5
|SectionJoint Pretrial Orders in Civil Cases

Filing & Service rules

Courtesy Copy Requirements

Courtesy copies of all documents filed with the Court should be forwarded in hard copy by mail to Chambers.

Courtesy copies of all documents filed with the Court should be forwarded in hard copy by mail to Chambers.

Civil cases

Page 1 | 1. Counsel Communication with the Court - D. Courtesy Copies - i

Courtesy copies of all documents filed with the Court should be forwarded in hard copy by mail to Chambers.

Courtesy copies of all documents filed with the Court should be forwarded in hard copy by mail to Chambers.

Civil cases

Page 1 | Courtesy Copies

Voluminous exhibits may be submitted by CD with Chambers approval; courtesy copies must not have plastic covers.

In the event of an especially voluminous submission, and only with written approval from Chambers, parties may submit their exhibits by CD. In any event, courtesy copies are to be submitted without plastic covers.

Page 4 | Filing of Motion Papers

A courtesy list of all newly-filed actions is requested, and should be sent by facsimile.

A courtesy list of all newly-filed actions is requested, and should be sent by facsimile.

Civil cases

Page 1 | Courtesy Copies

A courtesy list of all newly-filed actions is requested, and should be sent by facsimile.

A courtesy list of all newly-filed actions is requested, and should be sent by facsimile.

Civil cases

Page 1 | 1. Counsel Communication with the Court - D. Courtesy Copies - ii

Sealing & Redaction Procedures

Parties must move for permission to file under seal contemporaneously, file redacted versions on ECF with unredacted copy to Chambers, and submit large exhibits (over 100 pages) on CD.

Notwithstanding any protective order, any party seeking to file materials under seal (whether as part of a motion, a pretrial filing, or other submission) is required to move for permission to file the materials under seal contemporaneously. The party shall do so according to the following procedures. i. The party shall file the notice of motion and redacted versions of the briefing and any supporting materials on ECF, together with an unredacted copy to Chambers, specifying those portions sought to be sealed and setting forth the reasons why sealing is appropriate under the circumstances. For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.

Page 7 | B. Filing Materials under Seal

Parties must move for permission to file materials under seal contemporaneously with the filing.

Any party seeking to file materials under seal (whether as part of a motion, a pretrial filing, or other submission) is required to move for permission to file the materials under seal contemporaneously.

Page 7 | Filing Materials under Seal

Unredacted exhibits over 100 pages must be submitted to Chambers on CD.

For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.

Page 7 | Filing Materials under Seal

Protective orders requiring sealing must be supported by competent evidence showing sealing is essential and narrowly tailored.

No protective order shall be submitted that provides for sealing of documents or other information in connection with a submission to the Court, except following a motion supported by competent evidence showing that sealing is essential to preserve higher values and is narrowly tailored to serve that interest.

Page 7 | Protective Orders

File redacted versions on ECF and unredacted copies to Chambers when seeking to seal materials.

The party shall file the notice of motion and redacted versions of the briefing and any supporting materials on ECF, together with an unredacted copy to Chambers, specifying those portions sought to be sealed and setting forth the reasons why sealing is appropriate under the circumstances.

Page 7 | Filing Materials under Seal

Sealing requires a motion supported by competent evidence showing it is essential to preserve higher values and is narrowly tailored.

No protective order shall be submitted that provides for sealing of documents or other information in connection with a submission to the Court, except following a motion supported by competent evidence showing that sealing is essential to preserve higher values and is narrowly tailored to serve that interest.

Page 7 | Filing Materials under Seal

Public access presumption rebuttable if closure essential and narrowly tailored.

The presumption is rebuttable upon demonstration that “closure is essential to preserve higher values and is narrowly tailored to serve that interest.”

Page 6 | Confidentiality Provisions

Court records and dockets presumptively open to public inspection.

Court records and docket sheets are to be accessible to the public, and enjoy a presumption of openness to public inspection.

Page 6 | Confidentiality Provisions

Filing Bundling Requirements

Motion papers must be filed promptly after service.

Motion papers shall be filed promptly after service.

Page 3 | C. Filing of Motion Papers

Pre-Motion Conference Requirements

Motion briefing limited to three rounds: supporting, opposing, and reply.

As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.

Civil cases

Page 3 | D. Motions, Settlement, Second Pre-Trial Conference, and Expert Discovery

Motion briefing is limited to three rounds: opening, opposition, and reply.

As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.

Civil cases

Cross-motions are prohibited.

There shall be no cross-motions.

Civil cases

Court schedules oral argument if desired.

The Court will schedule the date and time for argument if it desires argument.

Page 3 | D. Oral Argument on Motions

No pre-motion conference or permission required; motions may be filed at attorney discretion.

Counsel shall not request a pre-motion or permission to file a motion. Motions may be filed in the discretion of the attorneys, and shall conform to the Federal Rules of Civil Procedure.

Page 3 | Motions

Motions can be returnable on any day of the week.

Motions shall be returnable on any day of the week.

Page 3 | D. Oral Argument on Motions

Counsel shall not request a pre-motion or permission to file a motion.

Counsel shall not request a pre-motion or permission to file a motion.

Page 3 | B. Motions

Counsel should not appear in Court on the return date.

Counsel shall not appear in Court on the return date.

Page 3 | D. Oral Argument on Motions

Adjournment & Extension Requirements

Adjournment/extension requests require 48-hour advance written notice with specific required elements.

All requests for adjournments (including adjournments of court conferences) or extensions of time must be made in writing at least 48 hours before the scheduled deadline or date of appearance. All requests must state: (i) the original date; (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; (iv) whether the adversary consents, and, if not, the reasons by the applicant, and by the adversary, for and against the relief requested; and (v) all other dates previously scheduled after the original date, including dates for conferences with the Court, and a suggested modified schedule, agreed to by all other counsel.

Requests for relief from case management dates must follow Individual Rules and include proposed order with all affected dates.

Any request for relief from any date provided in this Case Management Plan shall conform to the Court’s Individual Rules, and include an order, showing consents and disagreements of all counsel, setting out all dates that are likely to be affected by the granting of the relief requested, and proposed modified dates. Unless and until the Court approves the proposed order, the dates provided in this Plan shall be binding.

Civil cases

Page 3 | E. Any request for relief from any date provided in this Case Management Plan

Adjournment and discovery/procedural ruling motions must include all parties' positions and follow Individual Rules 1(D) and 2(E).

Applications for adjournments and for discovery or procedural rulings will reflect or contain the positions of all parties, and otherwise conform to my Individual Rules 1(D) and 2(E).

Civil cases

Page 5 | Pre-Trial Motions

Adjournment applications must include the positions of all parties and conform to Individual Rules 1(D) and 2(E).

Applications for adjournments and for discovery or procedural rulings will reflect or contain the positions of all parties, and otherwise conform to my Individual Rules 1(D) and 2(E).

Civil cases

Page 5 | Pre-Trial Motions

Requests to modify Case Management Plan dates must include a proposed order with counsel consents/disagreements, affected dates, and proposed new dates.

Any request for relief from any date provided in this Case Management Plan shall conform to the Court's Individual Rules, and include an order, showing consents and disagreements of all counsel, setting out all dates that are likely to be affected by the granting of the relief requested, and proposed modified dates. Unless and until the Court approves the proposed order, the dates provided in this Plan shall be binding.

Civil cases

Adjournment or extension requests must be written, submitted at least 48 hours in advance, include specific required information, and should be faxed to Chambers.

All requests for adjournments (including adjournments of court conferences) or extensions of time must be made in writing at least 48 hours before the scheduled deadline or date of appearance. All requests must state: (i) the original date; (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; (iv) whether the adversary consents, and, if not, the reasons by the applicant, and by the adversary, for and against the relief requested; and (v) all other dates previously scheduled after the original date, including dates for conferences with the Court, and a suggested modified schedule, agreed to by all other counsel. Requests for adjournments should be faxed to (212-805-7942).

Page 2 | Requests for Adjournments or Extensions of Time

Chambers Communication Rules

Letters filed on ECF must additionally be sent to Chambers by mail or by fax (if 5 pages or under).

Letters filed on ECF must also be sent to Chambers, either by mail or, if five pages or under, by fax.

Page 1 | Communications with Chambers

Hard copies of all letters must be sent to Chambers via mail or Court Security Officer (not direct delivery), with simultaneous delivery to all counsel, and the Court must not be copied on inter-counsel correspondence.

Parties shall send to Chambers a hard copy of all letters. Copies of letters to Chambers shall simultaneously be delivered to all counsel in no less speedy a manner than the method of delivery to the Court. Counsel shall not copy the Court on correspondence between and among them. Copies of all documents shall either be mailed to Chambers or left with the Court Security Officer at the Worth Street entrance of the Courthouse. Papers shall not be delivered directly to Chambers unless special permission to do so is granted.

Page 1 | Communications with Chambers

Faxes may be sent only: for urgent matters requiring an immediate response from Chambers; to request an adjournment or extension of time as provided by Rule 1.D; or to make a technology request as provided by Rule 1.F. Faxes should be brief and may not exceed 5 pages without special permission from Chambers. Do not follow faxes with a hard copy.

Faxes may be sent only: for urgent matters requiring an immediate response from Chambers; to request an adjournment or extension of time as provided by Rule 1.D; or to make a technology request as provided by Rule 1.F. Faxes should be brief and may not exceed 5 pages without special permission from Chambers. Do not follow faxes with a hard copy.

Page 1 | Communications with Chambers

Adjournment or extension requests filed on ECF must also be sent to Chambers by hard copy or fax.

DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers.

Page 2 | Requests for Adjournments or Extensions of Time

Counsel must not appear on return date; Court schedules oral argument only if desired.

Counsel shall not appear in Court on the return date. The Court will schedule the date and time for argument if it desires argument.

Page 3 | Oral Argument on Motions

Fax communications of 21+ pages require permission, granted only in urgent circumstances.

Written communications of twenty-one (21) pages or more may only be faxed with permission. Permission is likely to be granted only in urgent circumstances. No hard copy should be sent if permission is given to fax the document.

Civil cases

Page 1 | 1. Counsel Communication with the Court - B. Facsimile Communication - iii

Permission is required for all hand deliveries to chambers.

Permission for all hand deliveries to chambers remains necessary.

Civil cases

Page 1 | 1. Counsel Communication with the Court - C. Hand Deliveries

Only Liaison Counsel may contact Chambers by telephone except for good cause.

Except for good cause, only Liaison Counsel may contact Chambers by telephone.

Civil cases

Page 1 | 1. Counsel Communication with the Court - A. Telephone Communication

Phone calls to Chambers are prohibited for announcing adjournment intentions, inquiring about request status, confirming receipt (unless >5 business days passed), or asking permission to fax requests.

DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.

Page 2 | Requests for Adjournments or Extensions of Time

Joint agenda must be emailed to Chambers at least 48 hours before non-initial conferences.

For all other conferences, counsel shall submit by email to Chambers a joint agenda, no later than 48 hours in advance of the conference.

Page 3 | Conferences in Civil Cases

DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.

DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.

Fax communications of 6-20 pages require permission during office hours (8:30 AM - 5:30 PM); after-hours faxing allowed without permission.

Written communications of six (6) to twenty (20) pages may be faxed, without permission, only after hours: after 5:30 P.M through 8:30 A.M. the following morning. During office hours, between 8:30 A.M. and 5:30 P.M., permission to fax 6- to 20-page documents is necessary. No hard copy should be sent if a copy is sent by facsimile.

Civil cases

Page 1 | 1. Counsel Communication with the Court - B. Facsimile Communication - ii

The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.

The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.

Civil cases

Page 2 | 2. Court Communication with Counsel - C

Fax communications of 6 pages or fewer require no permission; no hard copy needed if faxed.

Written communications of six (6) pages or fewer may be faxed at any time without permission. No hard copy should be sent if a copy is sent by facsimile.

Civil cases

Page 1 | 1. Counsel Communication with the Court - B. Facsimile Communication - i

Court communications only to Liaison Counsel unless otherwise necessary.

Phone calls and facsimiles from the Court will be made to Liaison Counsel only, unless otherwise necessary.

Civil cases

Page 2 | Court Communication with Counsel

The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.

The Court has set up an email address (wtc_letters@nysd.uscourts.gov) to communicate to counsel in the September 11 litigation. Counsel should not, however, respond by email to the Court.

Civil cases

Page 2 | Court Communication with Counsel

Court will communicate by phone and fax to Liaison Counsel only unless otherwise necessary.

Phone calls and facsimiles from the Court will be made to Liaison Counsel only, unless otherwise necessary.

Civil cases

Page 2 | 2. Court Communication with Counsel - A

Second Case Management Conference scheduled one week after settlement meeting to discuss case status, settlement, ADR, expert discovery, and motions.

Approximately one week thereafter, the parties shall meet with the Court for a Second Case Management Conference to discuss the status of the case, the prospects of settlement, whether alternative disputes-resolution procedures should be utilized, the need for and a schedule regulating experts and expert-discovery, appropriate motions and schedules therefor, and any other issue counsel or the Court wish to discuss. The Case Management Conference will be held on Friday, _________________, at 10:00 a.m.

Civil cases

Page 3 | D. Motions, Settlement, Second Pre-Trial Conference, and Expert Discovery

Adjournment requests must be faxed to specific number.

Requests for adjournments should be faxed to (212-805-7942).

About United States District Judge Alvin K. Hellerstein

Senior Judge Alvin K. Hellerstein was appointed to the Southern District of New York by President William J. Clinton in 1998 and assumed senior status on January 30, 2011.

Before joining the bench, Judge Hellerstein spent nearly four decades in private practice in New York City after serving as a law clerk to the Honorable Edmund Palmieri in the SDNY and completing a tour of duty with the U.S. Army JAG Corps. He is widely known for presiding over September 11-related civil litigation.

Education

  • Columbia Law School, J.D., 1956
  • Columbia College, B.A., 1954

Career

  • Senior Judge, U.S. District Court, Southern District of New York (2011–present)
  • U.S. District Judge, Southern District of New York (1998–2011)
  • Private practice, New York City (1960–1998)
  • U.S. Army, JAG Corps (1957–1960)
  • Law clerk to Hon. Edmund Palmieri, SDNY (1956–1957)

Courthouse: Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007-1312

Chambers Staff

  • Scheduling/Contact: Chambers contact via court website
Common questions about Judge Alvin K. Hellerstein's rules

Are courtesy copies required for Judge Alvin K. Hellerstein?

Details: 1 copy, by mail. Courtesy copies of all documents filed with the Court should be forwarded in hard copy by mail to Chambers.

View ruleSource: page 1, section Courtesy Copies

Does Judge Alvin K. Hellerstein require a pre-motion conference or letter before filing a motion?

Motion briefing is limited to three rounds: opening, opposition, and reply.

What formatting rules apply to filings before Judge Alvin K. Hellerstein?

Affidavits and exhibits must be tabbed on both original and courtesy copies.

View ruleSource: page 3, section C. Filing of Motion Papers

What must be included with motion filings before Judge Alvin K. Hellerstein?

The rule requires table of contents. All motions must include a table of contents listing all affidavits and exhibits.

View ruleSource: page 3, section C. Filing of Motion Papers

What must be included with dispute letter filings before Judge Alvin K. Hellerstein?

Meet and confer rule must be strictly followed and described in joint submission.

View ruleSource: page 3, section E. Disputes

How may parties contact Judge Alvin K. Hellerstein's chambers?

Adjournment requests must be faxed to specific number.

How does Judge Alvin K. Hellerstein handle sealed or redacted filings?

Process: file unredacted to chambers. Unredacted exhibits over 100 pages must be submitted to Chambers on CD.

View ruleSource: page 7, section Filing Materials under Seal

How do I request an adjournment or extension before Judge Alvin K. Hellerstein?

Requests should be made at least 48 hours in advance when this rule applies before Judge Alvin K. Hellerstein. The request must include original date, number of previous requests, previous requests granted or denied, adversary position, affects other dates, and proposed new dates. Adjournment or extension requests must be written, submitted at least 48 hours in advance, include specific required information, and should be faxed to Chambers.

View ruleSource: page 2, section Requests for Adjournments or Extensions of Time

Does Judge Alvin K. Hellerstein require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Motion papers must be filed promptly after service.

View ruleSource: page 3, section C. Filing of Motion Papers
Complete rules summary for Judge Alvin K. Hellerstein

Adjournment requests must be faxed to specific number.

DO NOT call Chambers or the Courtroom (i) to announce your intention to request an adjournment, (ii) to inquire about the status of your request, (iii) to confirm that your request has been received, unless more than 5 business days have lapsed since you sent your request, or (iv) to ask permission to fax a letter requesting an adjournment or extension. Requests for adjournments or extensions of time may be made by fax without advance permission.

Affidavits and exhibits must be tabbed on both original and courtesy copies.

All affidavits, exhibits, and motions must be bound.

All motions must include a table of contents listing all affidavits and exhibits.

Technology requests require hard copy submission with form and explanation letter, may be faxed.

Motion papers must be filed promptly after service.

Letter motions and oppositions are not accepted.

Counsel shall not request a pre-motion or permission to file a motion.

Exhibits must be marked sequentially without repeating numbers or letters.

Plaintiff exhibits marked with numbers, defendant exhibits with letters.

Voluminous exhibits may be submitted by CD with Chambers approval.

Meet and confer rule must be strictly followed and described in joint submission.

Default judgment motions require proof of service and agency relationship or compliance description.

Separate and successive letters will be returned unread.

Entity default judgments require charter copy and entity type discussion.

Joint pretrial order due 3 days before final pretrial conference.

Joint pretrial order requires jurisdiction statements with citations and facts.

Final pretrial conference scheduled after discovery close, near trial date.

Joint pretrial order requires marked pleadings showing admissions/denials.

Exhibits for plaintiffs should be marked by numbers; exhibits for defendants should be marked by letters; and plaintiffs and defendants shall bring to the conference loose-leaf exhibit binders of all exhibits they actually intend to offer at the trial.

Defendants must not duplicate plaintiff exhibits.

Pretrial filings due by court-set date, no later than 3 days before pretrial conference.

Joint pretrial order requires magistrate judge consent statement.

Pretrial memorandum required for all trials describing factual/legal positions.

Court records and dockets presumptively open to public inspection.

Non-jury trials require proposed findings of fact and conclusions of law.

Motions in limine heard at final pretrial conference, counsel schedules timing.

Jury trials require proposed requests to charge and voir dire questions.

Unredacted exhibits over 100 pages must be submitted to Chambers on CD.

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