Judge Kimba M. Wood
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Documents Identified in This Section
- 1 copy • Upon Filing
Filings > 10 pages
Hearing Transcription, Deposition Transcription
Letter
Adjournments
- Post-verdict motions must comply with FRCP or FRCrP timing rules.
- Extension requests must be joint letters with proposed amended scheduling order, not exceeding 60 days.
- Trial adjournments require affidavit showing counsel is engaged in trial elsewhere.
- +4 more
Request must include
- Counsel may request an extension of bankruptcy appeal briefing dates by joint request submitted no later than two business days before the brief is due.
- Absent an emergency, a request to adjourn a court appearance must be made at least 48 hours before the appearance.
- A sentencing adjournment request should be made as early as possible and no later than 72 hours before the proceeding.
Communication
Phone
Chambers
Phone
Clerk, Chambers
Phone
Chambers
Chambers
Letter via ECF
Chambers
Phone
Chambers
Page & Word Limits5 rules
If the opposing party wishes to respond, it must call Chambers within one (1) business day to advise that a responsive letter will be forthcoming and do so by letter to the Court not exceeding three (3) pages within three (3) business days of the filing of the original letter-motion; and
- Letter
- Up to 3 pages
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five (25) pages. Reply memoranda are limited to ten (10) pages.
- Memorandum of law
- Up to 25 pages
- Reply
- Up to 10 pages
Before the Initial Pretrial Conference, the party asserting diversity jurisdiction must file on ECF a letter of no more than two pages explaining its basis for asserting diversity.
- Diversity jurisdiction letter
- Up to 2 pages
Court's wording
In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two (2) pages explaining the basis for the party’s belief that diversity of citizenship exists.
Except as provided below, communications with Chambers should be by letter, which shall not exceed three (3) pages in length, with copies simultaneously provided to all counsel.
- Letter
- Up to 3 pages
No document longer than 20 pages may be faxed or emailed without prior authorization from Chambers.
- Document
- Up to 20 pages
Document Format Requirements6 rules
TRO applications must be emailed with URGENT subject line, contact info, and availability for conference.
- File type
Formatting
- •Text-searchable
Court's wording
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached; and (3) provide the relevant parties’ availability for a telephone conference in the next few days. As noted above, parties should not hand-deliver any documents without advance permission.
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to woodnysdchambers@nysd.uscourts.gov.
Formatting
- •No paper submissions
- •Email submissions to woodnysdchambers@nysd.uscourts.gov
In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.
Formatting
- •Mail delivery only if electronic submission impossible
- •Mail delivery discouraged due to delays
Parties submitting multiple 56.1 Statements must coordinate them so assertions about each fact use identical paragraph numbers.
Court's wording
Multiple 56.1 Statements. If multiple parties are submitting 56.1 Statements, they must coordinate their statements to ensure that all paragraphs making assertions regarding a particular fact are identically numbered.
all documentary exhibits submitted to the Court shall be in 3-hole punched binders no more than 1 1/2” thick each. Each exhibit shall be pre-marked (numbers for plaintiff; letters for defendant);
- Binding
- Binder
- Documentary exhibits
Formatting
- •Each exhibit must be pre-marked: numbers for plaintiff and letters for defendant
Materials over five (5) pages must be organized in loose leaf binders.
- More than 5 pages
Formatting
- •Organize materials in loose-leaf binders
Document Filing Requirements49 rules
Counsel must provide witness list and unusual spelling list to Court Reporter at trial start.
Court's wording
Counsel must provide the Court Reporter with a list of witnesses at the start of trial. In addition, if the spelling of people, places, or things is unusual, counsel must provide a list of such words to the Court Reporter.
If a document is to be read, the proponent of the document should hand the Court Reporter a copy of the document before having it read into the record. The reader should proceed slowly enough for the court reporter to record what is being said. Depositions are to be read by stating the word “Question” and then reading the question, then stating the word “Answer” and reading the answer.
Only one lawyer may make objections at any one time. Co-counsel may whisper or pass notes regarding how to conduct an examination and when to object.
All exhibits (except dangerous items) must be arranged in number order in a cart for jury room at end of trial.
Court's wording
At the end of the trial, all exhibits received in evidence, except for dangerous items such as narcotics, will be sent into the jury room at the commencement of jury deliberations. Counsel are responsible to see that the items sent to the jury are genuine and actually have been received in evidence. Counsel must also, at the close of the evidence, make sure that all exhibits received in evidence are arranged in number order, in a cart to be taken into the jury room.
Exhibits must be pre-marked with two copies of exhibit list and two tabbed notebooks (max 2 inches wide) to the Court.
- Document
- Exhibit list
Must include
- •Final exhibit list
Court's wording
Exhibits must be pre-marked. Each party must provide the Court two copies of its final exhibit list and two identical tabbed notebooks containing copies of the pre- marked exhibits, assembled sequentially. Notebooks may not be wider than two inches.
Decorum should be observed at all times. Rudeness and shouting are not tolerated.
Objections must be limited to 'objection' and Federal Rule number; no grounds stated in jury's presence.
Court's wording
Objections are to be limited to “objection” and the number of the Federal Rule of Evidence relied upon (e.g., “Objection; Rule 403.”). Counsel should not state or argue grounds of objections in the presence of the jury unless asked to by the Court.
Attorneys speaking on the record must stand.
Stipulations not made in jury's presence unless previously agreed; preferably in writing as exhibit.
Court's wording
Offers to stipulate shall not be made in the presence of the jury, unless they have previously been agreed to by the attorneys in the absence of the jury. Stipulations may be oral, but preferably should be in writing and received as an exhibit.
Witness lists must be exchanged by 3:00 p.m. the day before trial with two copies to the Court.
- Document
- Witness list
Must include
- •Sequence of witnesses
- •Estimated time for direct examination
Court's wording
The day before any trial day, by 3:00 p.m., counsel shall exchange witness lists for the next day, with two copies to the Court showing the sequence of the witnesses and the estimated time for direct examination.
No cross-discussion on record; private conferences with opposing counsel allowed without leave.
Court's wording
There is to be no cross-discussion on the record. Any attorney is free at any time, without asking leave, to walk to opposing counsel's table to confer privately with opposing counsel. Such discussion shall not be audible to the jury.
The RICO Statement shall include the facts the party is relying upon to assert the RICO claim as a result of the "reasonable inquiry" required by Rule 11, Fed.R.Civ.P.
The Statement shall be in a form that uses the numbers and letters set forth below, and shall state the following information in detail.
RICO Statement must be filed and served within 20 days of filing RICO claim.
Court's wording
All parties asserting claims pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961, must file and serve upon the opposing party a RICO Statement in the following form within twenty days of filing the pleading asserting the RICO claim.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached to the motion.
The attorney who will serve as principal trial counsel must appear at all conferences with the Court.
(By contrast, if the Court does not sign and docket the Proposed Case Management Plan and Scheduling Order, the parties must appear at the initial pretrial conference.)
In criminal cases – counsel are expected to comply with the Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.
Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful.
Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities.
- Document
- Memorandum of law
Must include
- •Table of contents
A Rule 56.1 Response must track the moving party’s numbered paragraphs and state what is admitted or disputed, the basis for any dispute, and specific record citations.
Court's wording
The 56.1 Response must contain numbered paragraphs tracking those in the 56.1 Statement; each numbered paragraph in the 56.1 Response must address the allegations made in the identically numbered paragraph of the 56.1 Statement. Each paragraph must state what aspects of the moving party’s allegation are admitted, what are disputed, and the basis for any dispute, citing specifically the portion(s) of the evidentiary record relied upon.
The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.
The opposing party must respond to all of the allegations in the moving party’s 56.1 Statement.
The proposed joint pretrial order shall include the information required by Fed. R. Civ. P.26(a)(3) and the following:
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.
Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business.
The parties shall file a copy of the settlement agreement for the Court to endorse.
It shall be the duty of the prosecutor to prepare and submit to the Court a proposed Speedy Trial Act Exclusion Order five (5) days before the expiration of any previously excluded time.
In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.
defendant’s sentencing submission shall include as an Exhibit any Plea Agreement.
If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.
- Document
- Sentencing submission
- Placement
- Caption
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.
The single electronic document must be marked SENTENCING MEMORANDUM and clearly indicate the caption and docket number.
- Document
- Sentencing submission
- Placement
- Caption
Court's wording
If the letters are filed electronically, they must be grouped and filed together as attachments to a single document and marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
The Order to Show Cause must include the specified attorney affidavit, proposed judgment, pleadings, service affidavit, and—when default is based on failure to answer—a Clerk’s no-answer certificate.
Court's wording
Attach the following papers to the Order to Show Cause: attorney’s affidavit setting forth: why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; the proposed damages and the basis for each element of damages including interest, attorney’s fees, and costs; and legal authority for why an inquest would be unnecessary. a proposed default judgment; copies of all of the pleadings; a copy of the affidavit of service of the original summons and complaint; and if failure to answer is the basis for the default, a Certificate from the Clerk of the Court stating that no answer has been filed.
Prepare the default-judgment Order to Show Cause with its conference date and time left blank for the Judge to set.
Court's wording
Prepare an Order to Show Cause for default judgment and make the Order returnable before Judge Wood in Courtroom 26A. Leave blank the date and time of the conference. Judge Wood will set the date and time when she signs the Order.
Prior to the return date, take the proposed judgment, separately backed, to the Clerk’s Office in Room 120, 500 Pearl Street, and get the Clerk’s approval. The proposed judgment, including all damage and interest calculations, must be approved by the Clerk prior to the conference and then brought to the conference for the Judge’s signature.
After a case is accepted as related, all future papers and correspondence must include both docket numbers.
- Document
- Court papers and correspondence
Must include
- •Case number
Court's wording
After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related (e.g., 11 Civ 1234 [rel. 10 Civ. 4321]).
In particular, all requests for adjournments, extensions and pre-motion conferences with respect to discovery disputes should be filed as letter-motions.
Lack of relevance is not a valid reason for refusing to agree that a fact is not “in dispute.” Each assertion must be a factual assertion, not a legal assertion.
The first paragraph containing a new allegation must be numbered consecutively to follow the last number used in the moving party’s 56.1 Statement and the opposing party’s 56.1 Response.
Each jury instruction shall be followed by citations, if available, to the authorities from which it derives.
These joint submissions shall consist of single documents, jointly composed, noting by red-lining any areas of disagreement between the parties.
The proposed findings of fact must be detailed and include citations to the proffered trial testimony and exhibits.
The original signed affidavits should be brought to trial to be marked as exhibits;
Each synopsis shall include page citations to the pertinent pages of the deposition transcripts;
Briefs must be submitted in accordance with Fed. R. Bankr. P. 8015-18.
The application should clearly identify the redaction and explain the reason for the redaction, and, if applicable, the date or event after which sealing is no longer needed.
Each party must keep track of its own exhibits. While an exhibit is being used, it may be left in the possession of the Courtroom Deputy.
An opposing party may add factual allegations beyond the moving party’s statement by placing them at the end of its Rule 56.1 Response as a Counterstatement.
Court's wording
An opposing party wishing to make additional factual allegations, beyond those made by the moving party in the 56.1 Statement and responded to by the opposing party in the 56.1 Response, may do so by including those additional factual allegations at the end of a 56.1 Response (a “56.1 Counterstatement”).
Filing & Service rules
Electronic Filing Rules
Letters should be filed electronically on ECF, except when a letter is requested to be filed under seal or contains sensitive or confidential information.
Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically on ECF in accordance with the S.D.N.Y. “Electronic Case Filing Rules and Instructions.”
Page 4 | COMMUNICATIONS WITH CHAMBERS
When attachments to a letter exceed ten pages, the letter must also be filed on ECF.
When a letter is accompanied by attachments exceeding ten (10) pages in length, the submitting party shall both file the letter on ECF and deliver a hard copy to Chambers by mail or hand delivery.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Counsel must promptly register as ECF filers and enter an appearance in the case.
In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Before the initial pretrial conference, counsel must comply with SDNY’s ECF rules, register as ECF filers, and enter an appearance.
Before the initial pretrial conference, Counsel must adhere to S.D.N.Y.’s “Electronic Case Filing Rules and Instructions,” be registered as ECF filers, and enter an appearance in the case.
Page 6 | Initial Case Management Conference
The notice directs parties to submit a proposed case management plan and scheduling order and a letter to the Court on ECF one week before the conference.
The Notice will direct the parties to submit on ECF a proposed Civil Case Management Plan and Scheduling Order and letter to the Court one (1) week prior to the conference date.
Page 6 | Initial Case Management Conference
Deposition excerpts offered as substantive evidence and a one-page synopsis for each deposition must be submitted to the Court and served on opposing counsel, but not filed on ECF.
submit to the Court and serve on opposing counsel, but not file on ECF, all deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.
Page 11 | Additional Required Pretrial Filings in Non-Jury Cases
Motions or letter motions seeking approval for sealed or redacted filings, together with the subject documents and proposed sealed documents, must be filed electronically through ECF under the cited procedures.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, Section 6.
Page 12 | Sealing/Redaction Requiring Court Approval
submit to the Court and serve on opposing counsel, but not file on ECF, all documentary exhibits, pre-marked (numbers for plaintiff, letters for defendant).
submit to the Court and serve on opposing counsel, but not file on ECF, all documentary exhibits, pre-marked (numbers for plaintiff, letters for defendant).
Page 12 | Additional Required Pretrial Filings in Non-Jury Cases
Both the redacted public document and the sealed unredacted document must be filed through ECF and related to the motion.
Both documents must be electronically filed through the ECF system and related to the motion.
Page 13 | ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES
A party unable to e-file under seal or believing a document should not be e-filed must seek leave to file it on paper.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Page 13 | ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES
The diversity-jurisdiction letter must be filed on ECF before the Initial Pretrial Conference.
In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two (2) pages explaining the basis for the party’s belief that diversity of citizenship exists.
Page 14 | DIVERSITY JURISDICTION CASES
Every document in a sentencing submission, including letters, must be filed publicly on paper or through ECF.
Every document in a sentencing submission, including letters, must be filed in the public record either in paper form or through the ECF system, using one of the following two (2) procedures:
Page 15 | Public Filing
Prior to the return date, file the original Order to Show Cause in the Clerk’s Office, Records Management Office, Room 370, together with an affidavit of service on the defendant of a conformed copy of the Order.
Prior to the return date, file the original Order to Show Cause in the Clerk’s Office, Records Management Office, Room 370, together with an affidavit of service on the defendant of a conformed copy of the Order.
Page 17 | Default Judgment Procedure
Counsel must update changed contact information on ECF and regularly check the docket whether or not they receive ECF notifications.
Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity.
Page 4 | COMMUNICATIONS WITH CHAMBERS
A request containing sensitive or confidential information may be emailed, faxed, or hand-delivered instead of filed electronically.
If a request contains sensitive or confidential information, it may be submitted by email to Chambers inbox at: woodnysdchambers@nysd.uscourts.gov, faxed to (212) 805-7900, or hand delivered in lieu of being filed electronically.
Page 5 | Requests for Adjournments or Extensions of Time
A party may request oral argument when filing moving, opposing, or reply papers by filing a specific request letter on ECF.
Parties may request oral argument at the time they file their moving, opposing or reply papers, by filing on ECF a letter specifically requesting oral argument.
Page 8 | Oral Argument on Motions
Filing Timing and Cure Windows
Within 14 days after service of an amended complaint, the defendant must answer, file a new motion to dismiss, or notify the Court and plaintiff by letter that it relies on its prior motion.
If the plaintiff amends its pleading, the defendant must, within fourteen (14) days of service of the amended complaint: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court and the plaintiff stating that it relies on the previously filed motion to dismiss.
Page 9 | MOTIONS — Motions to Dismiss
Unless the Court specifies otherwise, the parties must email Chambers a proposed joint pretrial order within 30 days after discovery closes, or, if a dispositive motion is filed, within three weeks after the Court decides it.
Unless otherwise specified by the Court, within thirty (30) days after the close of discovery or, if any dispositive motion is filed, within three (3) weeks from the Court’s decision on such motion, the parties shall submit a proposed joint pretrial order by email to Chambers inbox.
Page 9 | PRE-TRIAL SUBMISSIONS — Joint Pretrial Orders in Civil Cases
Within 14 days after receiving a motion to dismiss, the non-moving party must notify the Court and its adversary in writing whether it will amend the pleading and when, or rely on the challenged pleading.
When a motion to dismiss is filed, the non-moving party must, within fourteen (14) days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it shall do so, or (ii) it will rely on the pleading being attacked.
Page 9 | MOTIONS — Motions to Dismiss
Counsel must submit the intended cross-examination list three business days after submitting the witness affidavits.
Three (3) business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial.
Page 11 | Additional Required Pretrial Filings in Non-Jury Cases
A party may file the listed opposition documents no later than three days after the pretrial order is filed.
Any party may file the following documents in opposition. These documents shall be filed no later than three (3) days after the filing of the pretrial order.
Page 12 | Filings in Opposition
When sealing or redaction is sought at another party’s or third party’s request, that party must be told to file a letter explaining the need within three days.
When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.
Page 13 | ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES
The proposed order must be submitted five days before the previously excluded time expires.
It shall be the duty of the prosecutor to prepare and submit to the Court a proposed Speedy Trial Act Exclusion Order five (5) days before the expiration of any previously excluded time.
Page 14 | SPEEDY TRIAL ACT EXCLUSIONS
Before the return date, file the original Order to Show Cause with the Clerk together with an affidavit showing service of a conformed copy on the defendant.
Prior to the return date, file the original Order to Show Cause in the Clerk’s Office, Records Management Office, Room 370, together with an affidavit of service on the defendant of a conformed copy of the Order.
Page 17 | Default Judgment Procedure
The initial pretrial conference is cancelled and in-person attendance is unnecessary if the stated discovery schedule, 30-day submission, and Court approval conditions are met.
If (1) counsel agree on a schedule that calls for the close of all discovery not more than six (6) months from the date of the Notice of Initial Pretrial Conference; (2) counsel submit the Proposed Case Management Plan and Scheduling Order to the Court no later than thirty (30) days before the initial pretrial conference; and (3) the Court signs and dockets the Proposed Case Management Plan and Scheduling Order, the initial pretrial conference will be cancelled and the parties need not appear in person.
Page 6 | Other Information
The notice of motion and motion papers must be filed promptly after service.
Notice of motion and motion papers shall be filed with the Court promptly after service.
Page 7 | Filing of Motion Papers
After the Ready Trial date, the Court may call the parties to trial on 48 hours’ notice.
At any time after the Ready Trial date, the Court may call the parties to trial upon forty-eight (48) hours’ notice.
Page 13 | OTHER PRETRIAL GUIDANCE — Ready Trial Date
Service and Proof of Service Rules
Counsel must simultaneously receive copies of faxed or emailed Chambers communications.
Faxes and email communications to Chambers are permitted only if copies are also simultaneously faxed or emailed to all counsel.
Page 5 | Faxes and Email Communications
Except in pro se cases, the moving party must provide every other party with an electronic copy of its 56.1 Statement.
Except in pro se cases, the moving party shall provide all others parties with an electronic copy of the moving party’s 56.1 Statement.
Page 9 | MOTIONS
Unless the Court orders otherwise, the defendant must serve the sentencing submission two weeks before sentencing.
Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two (2) weeks in advance of the date set for sentencing;
Page 15 | Sentencing Submissions
The Government must serve its sentencing submission one week before sentencing.
The Government’s sentencing submission shall be served one (1) week in advance of the date set for sentencing.
Page 15 | Sentencing Submissions
After the Judge signs the Order, make two conforming copies, leave one with Chambers, and serve one on the defendant.
After the Judge signs the Order, make two conforming copies of the Order and the attachments. Leave one copy with Chambers, and serve one copy on the defendant.
Page 17 | Default Judgment Procedure
The initial pretrial conference notice will be available on ECF, and plaintiff’s counsel must distribute it to all parties.
The Notice of Initial Pretrial Conference will be made available on ECF and the plaintiff’s counsel will be responsible for distributing copies to all parties.
Page 6 | Initial Case Management Conference
Courtesy Copy Requirements
If a letter's attachments exceed ten pages, the submitting party must file it on ECF and deliver a hard copy to Chambers by mail or hand delivery.
When a letter is accompanied by attachments exceeding ten (10) pages in length, the submitting party shall both file the letter on ECF and deliver a hard copy to Chambers by mail or hand delivery.
Page 4 | COMMUNICATIONS WITH CHAMBERS
The moving party must provide Chambers a full set of motion-paper courtesy copies when the motion becomes fully briefed.
The moving party is further obligated to furnish to Chambers a full set of courtesy copies of the motion papers at the time the motion becomes fully briefed.
Page 7 | Filing of Motion Papers
A courtesy copy of an ECF-filed letter must match the filed version and include the automatically generated ECF header.
The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header.
Page 7 | Courtesy Copies
Except in pro se cases, parties must provide the Court an available, electronic, text-searchable courtesy copy of relied-on hearing or deposition transcripts unless doing so would be unduly burdensome; materials should be provided on CD only, not DVD, USB, or email.
Except in pro se cases, the parties shall provide the Court with an electronic, text- searchable courtesy copy of any hearing or deposition transcription upon which the parties rely, if such a copy is available, unless doing so would be unduly burdensome. Parties should provide these materials on a CD only, not on a DVD or USB drive and not by email.
Page 9 | MOTIONS
One set of all documents identified in the section must be submitted to Chambers on the date they are served or filed on ECF.
One set of all documents identified in this Section shall be submitted to Chambers on the date on which they are to be served or filed on ECF.
Page 13 | OTHER PRETRIAL GUIDANCE — Courtesy Copies
In such cases, counsel should ensure that the courtesy copy is a copy of the filed version of the letter and includes the automatically generated ECF header (that is, the text - e.g., “Case 1:18-CV-01234-ABC Document 100 Filed 01/1/18 Page 1 of 1” - appearing at the top of each page of a document on the ECF system).
In such cases, counsel should ensure that the courtesy copy is a copy of the filed version of the letter and includes the automatically generated ECF header (that is, the text - e.g., “Case 1:18-CV-01234-ABC Document 100 Filed 01/1/18 Page 1 of 1” - appearing at the top of each page of a document on the ECF system).
Page 4 | COMMUNICATIONS WITH CHAMBERS
An electronically filed letter may not also be mailed to the Court unless it has an attachment greater than ten pages.
No electronically filed letter shall be sent to the Court by mail unless it has an attachment greater than ten (10) pages.
Page 4 | COMMUNICATIONS WITH CHAMBERS
One set of all motion papers, marked as such, should be submitted to the Court in accordance with the S.D.N.Y. policies regarding hand deliveries or mail deliveries.
One set of all motion papers, marked as such, should be submitted to the Court in accordance with the S.D.N.Y. policies regarding hand deliveries or mail deliveries.
Page 7 | Courtesy Copies
The parties should provide the Court with one courtesy hard copy of each submission when it is served.
The parties should provide the Court with one courtesy hard copy of each submission when it is served.
Page 15 | Sentencing Submissions
The party should provide the Court with a courtesy hard copy.
The party should provide the Court with a courtesy hard copy.
Page 15 | Public Filing — Paper Filing
Sealing & Redaction Procedures
Supporting papers must be separately e-filed and may be sealed or redacted only as necessary to protect the information sought to be sealed.
Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Page 12 | Sealing/Redaction Requiring Court Approval
Sensitive information must be omitted from court filings unless its inclusion is necessary and relevant to the case.
Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case.
Page 12 | Sealing/Redactions Not Requiring Court Approval
If sensitive information must be included, personal identifiers must be partially redacted under the cited rules and policies.
If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest.
Page 12 | Sealing/Redactions Not Requiring Court Approval
Social Security numbers, minor children's names, dates of birth, and financial account numbers must be redacted from public filings without prior court permission.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.
Page 12 | Sealing/Redactions Not Requiring Court Approval
A request to redact a publicly filed document requires filing a redacted public copy and a sealed, unredacted copy with the proposed redactions highlighted.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted.
Page 13 | ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES
A proposed sealed document must be filed under seal in ECF at the same time as the motion and electronically related to it.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Page 13 | ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES
When material is redacted from a publicly filed document, only pages containing the redactions are filed under seal.
If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal.
Page 15 | Redactions
Bring a complete copy of the affected pages, marked to identify the redactions, to the sentencing proceeding for the Court to file under seal.
Bring a complete copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.
Page 15 | Redactions
A party seeking to redact information outside the eleven Privacy Policy categories must serve and file an application when serving the sentencing submission.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served.
Page 16 | Redactions Requiring Court Approval
The listed sensitive categories should be treated cautiously and may warrant a motion for approval to file under seal or in redacted form.
Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual’s cooperation with the government.
Page 12 | Sealing/Redactions Not Requiring Court Approval
Redactions and sealing must be narrowly tailored and consistent with the presumption of public access to judicial documents.
To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.
Page 13 | ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES
Parties are reminded to omit sensitive information from submissions unless necessary and to use the specified abbreviated forms for minor children’s names, birth dates, and home addresses.
The parties are referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., Social Security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).
Page 15 | Privacy Policy
An unredacted copy of the document should be sent to Chambers inbox.
An unredacted copy of the document should be sent to Chambers inbox.
Page 15 | Redactions
Parties may redact the specified sensitive-information and caution categories without Court approval.
Parties may redact the five categories of “sensitive information” and the six categories of information ===== PAGE 16 ===== requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.
Page 16 | Redactions Not Requiring Court Approval
The Court will address the redaction application at the sentencing proceeding.
The application will be addressed at the sentencing proceeding.
Page 16 | Redactions Requiring Court Approval
Filing Bundling Requirements
Electronically filed letters must be grouped as attachments to one document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
If the letters are filed electronically, they must be grouped and filed together as attachments to a single document and marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
Page 15 | Public Filing — ECF Filing
Hard-copy letters must be grouped in one paper filing, labeled SENTENCING MEMORANDUM, with the caption and docket number, and submitted to the Clerk’s Office.
If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.
Page 15 | Public Filing — Paper Filing
Pre-Motion Conference Requirements
To arrange a pre-motion conference, the moving party must submit a letter of no more than three pages stating the basis for the anticipated motion.
To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion.
Page 7
If a good-faith meet-and-confer does not resolve a civil discovery dispute, the party may file an ECF letter-motion of no more than three pages explaining the dispute and requesting an informal conference.
If this meet- and-confer process does not resolve the dispute, the party may file on ECF a letter- motion to the Court, no longer than three (3) pages, explaining the nature of the dispute and requesting an informal conference.
Page 7 | Discovery Motions
Before raising a discovery dispute with the Court, a party must confer in good faith with the opposing party in person or by telephone to try to resolve it.
Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.
Page 7 | Discovery Motions
At the first conference, defense counsel in a criminal case must ask the Court to hold a Curcio hearing if a benefactor payment subjects counsel to a potential conflict.
Defense counsel, in all criminal cases, are required to ask the Court, at the first conference, to hold a Curcio hearing whenever counsel has received, or is receiving, a benefactor payment that subjects counsel to a potential conflict of interest.
Page 14 | BENEFACTOR PAYMENTS IN CRIMINAL CASES
For non-discovery motions, litigants are asked as a courtesy to seek a pre-motion conference, except for the listed motions and circumstances.
For motions other than discovery motions, the Court requests, as a courtesy to the Court, that a litigant seek a pre-motion conference with the Court before making any motion, except: motions that are required by the Federal Rules of Appellate Procedure to be made by a certain time; and Temporary Restraining Orders, injunctions, motions in lieu of Answer, motions to remand, motions for re-argument or reconsideration, objections to Magistrate Judges’ rulings, applications for attorneys’ fees, motions for sanctions, motions for reduction of sentence, pro hac vice motions, motions involving persons in custody, and petitions to confirm or compel arbitration, and instances where a litigant believes that delay in filing might result in the loss of right.
Page 6 | 3. MOTIONS — Pre-Motion Conferences in Civil Cases
A party seeking to file sealed or redacted materials should confer in advance with opposing parties or relevant third parties to narrow the request.
The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.
Page 13 | ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES
The Court decides whether oral argument will be held and, if it is, advises counsel of the date and time.
The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument.
Page 8 | Oral Argument on Motions
The notice requirement does not change the response-filing deadline under the Federal and Local Rules.
This Rule does not alter the time to file a response provided by the Federal and Local Rules.
Page 9 | MOTIONS — Motions to Dismiss
Adjournment & Extension Requirements
Post-verdict motions must comply with FRCP or FRCrP timing rules.
Post-verdict motions must be made within the time permitted by the Federal Rules of Civil Procedure or the Federal Rules of Criminal Procedure, whichever apply.
Page 4 | Post-Trial Procedures
Extension requests must be joint letters with proposed amended scheduling order, not exceeding 60 days.
In the event that the parties believe that additional time is needed, the parties shall request an extension from the Court, by joint letter, and shall accompany that request with a proposed Amended Scheduling Order, with the extension not to exceed 60 days.
Civil cases
Page 2 | Discovery
Trial adjournments require affidavit showing counsel is engaged in trial elsewhere.
No adjournment of that trial date will be permitted, unless counsel has faxed or emailed to Chambers an affidavit stating that he or she is engaged in trial in another court.
Civil cases
Page 2 | Ready Trial Date
Adjournment and extension requests must be written and filed on ECF as letter-motions.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions.
Page 5 | Requests for Adjournments or Extensions of Time
Absent an emergency, a request to adjourn a court appearance must be made at least 48 hours before the appearance.
If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance.
Page 5 | Requests for Adjournments or Extensions of Time
Adjournment and extension letter-motions must state the original due date, prior request count and outcomes, and the adversary’s position and reasons for nonconsent.
The letter-motion must state: (1) the original due date, (2) the number of previous requests for adjournments or extensions of time, (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 5 | Requests for Adjournments or Extensions of Time
The trial date cannot be adjourned unless counsel faxes or emails Chambers an affidavit stating that counsel is engaged in trial in another court.
No adjournment of that trial date will be permitted, unless counsel has faxed or emailed to Chambers an affidavit stating that he or she is engaged in trial in another court.
Page 13 | OTHER PRETRIAL GUIDANCE — Ready Trial Date
A sentencing adjournment request should be made as early as possible and no later than 72 hours before the proceeding.
Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding.
Page 14 | SENTENCING — Sentencing Adjournments
The Court will not extend agreed deadlines except in extraordinary circumstances.
The parties are cautioned that the Court will not grant an extension to agreed-upon deadlines except in extraordinary circumstances.
Page 6 | Other Information
Counsel may request an extension of bankruptcy appeal briefing dates by joint request submitted no later than two business days before the brief is due.
Counsel may seek to extend these dates by joint request submitted to the Court no later than two (2) business days before the brief is due.
Page 14 | BANKRUPTCY APPEALS
Chambers Communication Rules
Counsel must notify court and adversaries in writing of scheduling conflicts before trial date is set.
Therefore, counsel must notify the Court and their adversaries in writing of any potential scheduling conflicts, including, but not limited to, trials and vacations, that would prevent at trial on a particular date. Such notice must come before counsel are notified by the Court of an actual trial date, not after.
Civil cases
Page 2 | Ready Trial Date
All communications must include case name, docket number, judge initials, writer info, and service statement.
All communications to the Court and all filed papers must identify the name and docket number of the case, followed by the Judge’s initials (KMW), contain the writer’s name, party’s name, law firm (if any), business address and telephone number, and be signed by the individual attorney responsible for the matter (unless the party is proceeding pro se). Any letter to the Court must state the manner in which the letter was served on all other counsel.
Civil cases
Page 3 | Communications to the Court
Written request required for deviations from scheduling order per § 1.G of Judge Wood’s rules.
in this Scheduling Order, it must submit a written request to the Court that complies with § 1.G of Judge Wood’s Individual Rules of Practice.
Civil cases
Page 4 | Scheduling Order
TRO applications must be emailed with URGENT subject line, contact info, and availability for conference.
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached; and (3) provide the relevant parties’ availability for a telephone conference in the next few days. As noted above, parties should not hand-deliver any documents without advance permission.
Page 3 | Applications for Temporary Restraining Orders (“TROs”)
In Criminal Cases. To the maximum extent possible, all conferences and proceedings will be held by either telephone or video. No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether.
In Criminal Cases. To the maximum extent possible, all conferences and proceedings will be held by either telephone or video. No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether.
Civil case conferences and proceedings will be held by telephone unless otherwise ordered.
In Civil Cases. Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. In some cases, the Court may direct one of the parties to set up a conference line. In all other cases, the parties should call into the Court’s dedicated conference line.
Hand deliveries to chambers are prohibited without advance permission from the court.
Nothing may be delivered to Chambers absent advance permission from the Court.
For urgent matters, email chambers with “URGENT” in subject line, case name and docket number, issue description, and contact phone number.
For urgent matters requiring immediate attention, parties should send an email to Chambers that (1) includes the word “URGENT” in the subject line; (2) specifies the case name and docket number; (3) briefly describes the nature of the issue; and (4) provides a telephone number at which the party (and any other relevant parties) can be reached.
Counsel must identify themselves each time they speak and may not use speakerphone without permission during teleconferences.
To facilitate orderly teleconferences and the creation of an accurate transcript where a teleconference is held on the record, counsel are required to identify themselves every time they speak, and, for sound quality purposes, may not use speakerphone absent permission of the Court.
Faxes are not permitted for any purposes.
Faxes are not permitted for any purposes.
An opposing party wishing to respond to a civil discovery letter-motion must call Chambers within one business day to advise that a response is forthcoming, then submit a response letter of no more than three pages within three business days after the original letter-motion is filed.
If the opposing party wishes to respond, it must call Chambers within one (1) business day to advise that a responsive letter will be forthcoming and do so by letter to the Court not exceeding three (3) pages within three (3) business days of the filing of the original letter-motion; and
Page 7 | Discovery Motions
Counsel must promptly inform the Court upon learning of any potential or actual other conflict and request a Curcio hearing if appropriate.
Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate.
Page 14 | OTHER CONFLICTS
Speak distinctly, avoid overlapping speech, and speak at a pace the Court Reporter can follow.
Speak distinctly; do not speak while someone else is speaking. Do not speak so fast that the Court Reporter has difficulty keeping up with the speaker.
Page 3 | Court Reporter
Answers given by a witness relating to distances in the Courtroom, or objects before the witness, should be clarified by counsel for the record, so that the transcript will convey a clear report of what took place at trial.
Answers given by a witness relating to distances in the Courtroom, or objects before the witness, should be clarified by counsel for the record, so that the transcript will convey a clear report of what took place at trial.
Page 4 | Court Reporter
Side bar conferences are strongly disfavored; save non-urgent matters for recess.
The Court strongly disfavors side bar conferences; counsel should save for a recess any matters that do not require immediate resolution.
Telephone calls go to voicemail with potential delays; parties should use ECF or email for requests and inquiries.
Telephone calls will not be answered but will go to voicemail; and there may be significant delays in responding to any voicemail messages. Thus, parties are encouraged to make any requests or inquiries to the Court through ECF or, if permitted or required under the Court’s Individual Rules and Practices, by email.
Telephone calls to Chambers are permitted only when immediate attention is required, except for the stated criminal scheduling and calendar matters.
Otherwise, telephone calls to Chambers are permitted only in situations requiring immediate attention.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Correspondence between counsel may not be sent to the Court except as exhibits to an otherwise properly filed document.
Copies of correspondence between counsel shall not be sent to the Court (except as exhibits to an otherwise properly filed document).
Page 4 | COMMUNICATIONS WITH CHAMBERS
Do not send a hard copy after faxing or emailing Chambers.
Do not follow with a hard copy.
Page 5 | Faxes and Email Communications
Hand-delivered mail should be left with Court Security Officers at the Worth Street entrance and may not be taken directly to Chambers.
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Courthouse; it may not be brought directly to Chambers.
Page 5 | Hand Deliveries
For criminal scheduling and calendar matters, call Ms. Sara Tomasello at the stated number between 8:00 a.m. and 3:00 p.m.
For criminal scheduling and calendar matters, call Ms. Sara Tomasello, Esq. at (212) 805-0125 between 8:00 a.m. and 3:00 p.m.
Page 5 | Scheduling and Calendar Matters
For an urgent hand-delivered letter requiring immediate attention, ask Court Security Officers to notify Chambers so staff can retrieve it immediately.
If the hand- delivered letter is urgent and requires the Court’s immediate attention, however, ask the Court Security Officers to notify Chambers that an urgent letter has arrived that needs to be retrieved by Chambers staff immediately.
Page 5 | Hand Deliveries
Chambers communications by fax or email are permitted only if copies are simultaneously sent to all counsel by fax or email.
Faxes and email communications to Chambers are permitted only if copies are also simultaneously faxed or emailed to all counsel.
Page 5 | Faxes and Email Communications
If a motion remains undecided 60 days after it is fully briefed and submitted, the movant’s counsel must send the Court an alert letter.
If a motion is not decided within sixty (60) days of the time that it has become fully briefed and submitted, counsel for the movant shall send a letter to alert the Court.
Page 9 | MOTIONS — Failure of the Court to Schedule Argument or Decide a Motion
These documents should also be submitted by email to Chambers inbox;
These documents should also be submitted by email to Chambers inbox;
Page 11 | Additional Required Pretrial Filings in Non-Jury Cases
These documents should also be submitted by email to Chambers inbox in Microsoft Word format.
These documents should also be submitted by email to Chambers inbox in Microsoft Word format.
Page 11 | Additional Required Pretrial Filings in Jury Cases
Final pretrial conference scheduled for jury cases; non-jury cases referred to magistrate for settlement.
The Court will schedule a final pretrial conference in jury cases after the parties have filed their joint pretrial order. Non-jury cases will be referred to the designated Magistrate Judge for settlement after the joint pretrial order has been signed.
Civil cases
Page 3 | Final Pretrial Conference
Court’s individual rules and trial procedures available online.
The Court’s Individual Rules and Trial Procedures are available at http://nysd.uscourts.gov/ judge/Wood.
Civil cases
Page 3 | Individual Rules and Trial Procedures
Court’s dedicated conference line is (888) 363-4749 with access code 1613818.
The Court’s dedicated conference line is: (888) 363-4749; Access Code 1613818. Conference-line access information will also be published on the public docket for every case in which a teleconference is scheduled.
For criminal scheduling and calendar matters, call the Law Clerk/Deputy at the stated number.
For criminal scheduling and calendar matters, call Law Clerk / Deputy, Sara Tomasello at (212) 805-0125.
Page 4 | COMMUNICATIONS WITH CHAMBERS
For matters requiring immediate attention, call Chambers at the stated number.
In such situations, call Chambers at (212) 805-0258.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Parties must email list of participating counsel and their phone numbers at least 24 hours before scheduled teleconference.
At least twenty-four hours before a scheduled teleconference, the parties must jointly email to the Court a list of counsel — absent permission of the Court — who will be participating in the teleconference. The email should also provide the telephone numbers from which counsel expect to join the call.
Junior Lawyer Participation Incentives
Junior lawyers familiar with the matter but inexperienced in court argument should be encouraged to participate actively.
Accordingly, where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate.
Page 5 | 2. CONFERENCES — Attendance by Principal Trial Counsel and Junior Lawyers
When it creates an opportunity for a junior lawyer to argue, the Court may permit more than one lawyer to argue for a party.
In such circumstances, where it creates an opportunity for a junior lawyer to argue, this Court is amenable to permitting more than one lawyer to argue for one party.
Page 6 | 2. CONFERENCES — Attendance by Principal Trial Counsel and Junior Lawyers