Southern District of New York Electronic Filing Rules

CRITICALCivil cases

Applies to

Letter motion

Discovery dispute letter-motions must be filed on ECF.

the party seeking discovery may file on ECF a letter-motion, no longer than three pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting an informal conference.

CRITICALCivil cases

iv. Submission by Email. Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

iv. Submission by Email. Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

CRITICALCivil cases

Applies to

TRO application

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

CRITICALCivil cases

Counsel must register promptly 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.

CRITICALCivil cases

Applies to

Exhibit

Electronic copies of exhibits must be submitted with the joint pretrial order but not filed on ECF, with filenames matching exhibit numbers.

an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.).

CRITICALCivil cases

Counsel must update ECF contact information when changed and check docket regularly even without 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.

CRITICALCivil cases

Applies to

TRO application

Ex parte TRO applications may be emailed to Chambers if ECF is not viable.

If the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

CRITICALCivil cases

Applies to

Affidavit

Non-jury parties must submit affidavits of direct trial witness testimony to the court by email, serve on opposing counsel, not file on ECF, with exceptions for certain witnesses.

Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email and serve on opposing counsel, but not file on ECF, the following: i. copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.

CRITICALCivil cases

Applies to

Letter motion

Parties must file joint letter with proposed Case Management Plan as exhibit on ECF as letter motion, using court form, by Thursday prior week to conference.

In most cases, the Notice will direct the parties to submit on ECF a joint letter as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the conference date. This must be filed on ECF as a letter motion- not a standard letter. The parties shall use the form Proposed Case Management Plan and Scheduling Order available at the Court’s website.

CRITICALCivil cases

Applies to

Joint pretrial order

Joint pretrial order must be filed on ECF as 'Joint Pretrial Statement' at least 14 days before final pretrial conference, emailed to Court, and include specified sections.

Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order, which shall include the following: i. the full caption of the action; ii. the names, law firms, addresses, telephone numbers, and email addresses of trial counsel if not already listed on the docket; iii. a brief statement by plaintiff (or, in a removed case, by defendant) 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 relied on and relevant facts as to citizenship and jurisdictional amount; iv. a brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted that are not to be tried. The summaries should not recite any evidentiary matter; v. a statement as to the number of trial days needed and whether the case is to be tried with or without a jury; vi. a joint statement summarizing the nature of the case, to be read to potential jurors during jury selection; vii. a list of people, places, and institutions that are likely to be mentioned during the trial, to be read to potential jurors during jury selection; viii. a statement as to whether all parties have consented to trial by a Magistrate Judge, without identifying which parties do or do not consent; ix. any stipulations or agreed statements of fact or law to which all parties consent. In a jury case, the parties should memorialize any such stipulations or agreed statements of fact or law in a standalone document that can be marked and admitted at trial;

CRITICALCivil cases

Applies to

Default judgment motion

Default judgment motions must be filed on ECF and not via order to show cause.

A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

CRITICALCivil cases

Applies to

Letter

Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF.

Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF.

CRITICALCivil cases

Applies to

Letter motion

Adjournment/extension requests must be 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, not as ordinary letters, proposed stipulations, or proposed orders.

CRITICALCivil cases

Applies to

Notice of appearance

All attorneys appearing before the Court must file a notice of appearance on ECF.

Any attorney appearing before the Court must enter a notice of appearance on ECF.

CRITICAL

Applies to

Motion or letter motion and subject documents

Motions or letter motions seeking approval for sealed or redacted filings, along with the subject documents and proposed sealed documents, must be filed electronically through ECF in accordance with the cited rules.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject document(s), 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.

CRITICAL

Applies to

Letter

Letters solely between parties or counsel, or otherwise not addressed to the Court, may not be filed on ECF or sent to the Court.

Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court.

CRITICAL

Applies to

Letter

Letters generally must be filed on ECF and accompanied by an emailed courtesy copy, except for letters requested to be sealed, containing sensitive or confidential information, or filed by a party without ECF access.

Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information or the party does not have access to the Electronic Case Filing (ECF) system, letters must be filed electronically on the ECF system (with a courtesy copy emailed to the chambers email address, chambersnysdseibel@nysd.uscourts.gov, as described below).

CRITICAL

Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be emailed to ProSe@nysd.uscourts.gov or delivered or mailed to:

Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be emailed to ProSe@nysd.uscourts.gov or delivered or mailed to:

CRITICAL

A party unable to file under seal electronically, or believing a document should not be filed electronically, 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 on paper.

CRITICAL

TRO and other emergency-relief applicants must hand-deliver hard-copy motion papers to the Clerk and email the Court text-searchable PDFs.

Parties intending to file applications for TROs or other emergency relief must hand-deliver hard copies of the motion papers to the Clerk of Court and send the papers (in text- searchable PDF format) to the Court by email.

CRITICAL

Applies to

Proposed order

The proposed Order to Show Cause, supporting affidavit or declaration, and proposed default judgment must be electronically filed using the specified ECF events, with the affidavit or declaration and default judgment filed as separate events.

3. Electronically file the proposed Order to Show Cause using the filing event PROPOSED ORDERS and the document PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Electronically file the following documents as separate ECF Filing Events: 1) the attorney’s AFFIDAVIT or DECLARATION in Support; and 2) the PROPOSED DEFAULT JUDGMENT using the Filing Event found under PROPOSED ORDERS.

CRITICAL

Applies to

Motion

Unlisted motions must be filed via ECF with memorandum of law; listed Text Only motions may not be submitted via mail or fax.

Requests for relief not listed here still must be made in writing through ECF and may not be made by letter motion. Instead, requests for relief not listed here should be filed through a motion accompanied by a memorandum of law, together with any other submissions required by the Federal Rules of Civil Procedure or Local Rules (e.g., a Local Rule 56.1 Statement in summary judgment motion practice). The “Text Only Orders” program and amendment simply clarifies that some motions that previously could be made via U.S. Mail or Fax may no longer be submitted using those methods.

CRITICAL

Parties must obtain leave to submit audio, video, or unfilable materials to Chambers, and may not use CD-ROM, thumb drive, or electronic transmission unless authorized.

Audio and video files may not be submitted directly to Chambers merely because they cannot be filed electronically. A party that wishes the Court to consider an audio or video file, or any other material that cannot be filed through ECF, must first seek and obtain leave to file the material in the traditional manner in accordance with the Southern District of New York’s Electronic Case Filing Rules and Instructions. Any application for leave must identify the material, explain why it is relevant to the relief requested, and specify the portions on which the party relies. If leave is granted, the party shall deliver the material in the form directed by the Court. Do not send documents, recordings, or other materials on a CD-ROM, thumb drive, or by electronic transmission unless the Court has specifically authorized that method of submission.

CRITICAL

Applies to

Motion papers

Only the Notice of Motion may be docketed as 'Motion' in ECF; supporting documents must be docketed under their actual type.

Do not docket anything except the actual Notice of Motion as a “Motion.” In all ECF cases, supporting documents should be docketed as what they are (i.e., “Brief,” “Memorandum,” “Affidavit”) – not as a “Motion.”

CRITICAL

Applies to

Letter

Letters to Judge McMahon requesting court orders for electronic devices must be filed electronically via ECF with the template form attached, applicable to all parties.

To obtain such an order, visit the S.D.N.Y. website for a template and then submit it for signature to Chambers by filing a Letter addressed to Judge McMahon on the ECF with the form included as an attachment to the Letter. This rule applies to attorneys as well as non-attorneys.

CRITICAL

Pro se litigants must submit all hard-copy filings to the Pro Se Intake Unit, not to Chambers.

All hard-copy filings by pro se litigants must be submitted to the Pro Se Intake Unit (not to Chambers), at: Pro Se Intake Unit Daniel Patrick Moynihan United States Courthouse 500 Pearl Street, Room 200 New York, New York 10007

CRITICAL

Certain motion types must be filed electronically on ECF; fax and U.S. Mail submissions are prohibited.

Pursuant to the “Text Only Orders” program, the following types of requests must be made by motion filed on ECF. Requests made via fax or U.S. Mail will not be accepted. The types of request subject to this requirement are: • Motion to Appoint Process Server • Motion to Request an Adjournment of a Scheduled Conference/Hearing • Motion to Enforce Judgment • Motion for a Hearing • Motion for Judgment Debtor Examination • Motion to Appeal In Forma Pauperis • Motion to Serve Process • Motion to Set Aside Default

CRITICAL

Counsel for all parties must register as filing users under the SDNY ECF Rules and Instructions.

A. Counsel for all parties are required to register as filing users in accordance with the SDNY ECF Rules and Instructions.¹

CRITICAL

Applies to

Motion papers

Motion papers must be filed on ECF promptly after service.

Motion papers shall be filed on ECF promptly after service.

CRITICAL

Applies to

Sentencing submission

Sentencing submissions must be filed on ECF, except when a request is made to file a document under seal or in redacted form.

All sentencing submissions shall be filed on ECF, unless there is a request to file a document under seal or in redacted form.

CRITICAL

A party unable to file under seal electronically, or believing a document should not be filed electronically, must seek court 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 believes that a particular document should not be electronically filed at all, must move for leave of the Court to file in the traditional manner, on paper.

CRITICALCriminal cases

Applies to

Victim letters

The Government is responsible for filing all victim letters.

The Government is responsible for filing all letters from victims.

CRITICALCriminal cases

Applies to

Sentencing submission

Every document in a sentencing submission, including letters, is expected to be filed publicly in paper or through ECF using one of the specified procedures.

The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record either in paper form or through the ECF system, using one of the following two procedures:

CRITICALCriminal cases

Applies to

Defendant letters

The defendant is responsible for filing all letters submitted on the defendant’s behalf, including letters from friends and relatives.

The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives.

CRITICALCriminal cases

Counsel must register for ECF promptly after being retained or assigned.

Counsel are required to register for Electronic Case Filing (ECF) promptly after being retained or assigned.

CRITICALCivil cases

Applies to

Operative complaint

Plaintiffs must ensure that a copy of the operative complaint is posted electronically to the ECF docket.

Plaintiffs shall ensure that a copy of the operative complaint is posted electronically to the docket on the ECF system.

CRITICALCivil cases

Applies to

Letter motion

A party seeking leave to file a document under seal must electronically file a letter motion on ECF.

The party shall electronically file a letter motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.

CRITICALCivil cases

Applies to

Notice of appearance

All counsel must promptly file a notice of appearance on ECF after removal.

Counsel for all parties must file on ECF a notice of appearance in this Court promptly upon removal.

CRITICALCivil cases

Applies to

Joint pretrial order

Unless the Court specifies otherwise, the parties must file a joint pretrial order on ECF within 30 days after discovery closes, or, if a dispositive motion is filed, within 30 days after the Court decides that motion.

Unless otherwise specified by the Court, within thirty (30) days after the close of discovery or if any dispositive motion is filed, within thirty (30) days from the Court’s decision on such motion, the parties shall file on ECF a joint pretrial order.

CRITICALCivil cases

Applies to

Highlighted deposition transcripts

Highlighted deposition transcripts must not be filed on ECF.

The highlighted deposition transcripts should not be filed on ECF.

CRITICALCivil cases

Applies to

Letter motion

A request for a limited extension based on unforeseen circumstances must be made by letter-motion filed on ECF.

If something unforeseen arises, a party may seek a limited extension of the foregoing deadlines by letter-motion filed on ECF.

CRITICALCivil cases

Applies to

Letter motion

Adjournment and extension requests must be written and filed on ECF as letter-motions, not ordinary letters.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters.

CRITICALCivil cases

Applies to

Letter motion

A request to stay discovery must be made in writing and filed on ECF as a letter-motion, not an ordinary letter.

If a party nonetheless seeks a stay of discovery, such request must be made in writing and filed on ECF as a letter-motion, not an ordinary letter.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders to show cause, temporary restraining orders, stipulations, consent orders, and proposed judgments are to be filed electronically on ECF under the applicable instructions.

Proposed orders to show cause, temporary restraining orders, stipulations, consent orders and proposed judgments are to be filed electronically on ECF as explained in the SDNY Electronic Case Filing Rules and Instructions.

CRITICALCivil cases

Applies to

Letter motion

A party seeking leave to file a redacted document must file a letter motion on ECF.

Where a party seeks leave to file a document in redacted form, the party shall file a letter motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.

CRITICALCivil cases

Applies to

Court document

Unless otherwise expressly provided, all documents filed with the Court must be filed electronically.

In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except as otherwise expressly provided, all documents filed with the Court must be filed electronically.

CRITICALCivil cases

Applies to

Joint settlement letter

As soon as the parties reach a settlement in principle, they must file a joint letter through ECF notifying the Court.

As soon as the parties reach an agreement to settle in principle, the parties must file a joint letter via ECF notifying the Court.

CRITICALCivil cases

Applies to

Letter motion

A party unable to e-file under seal or seeking not to e-file a document must request leave to file differently by email letter-motion.

Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner.

CRITICALCivil cases

Applies to

Proposed protective order

The proposed protective order must be filed on ECF in accordance with Rule 13.18 of the SDNY ECF Rules and Instructions.

The proposed protective order must be filed on ECF in accordance with Rule 13.18 of the SDNY ECF Rules and Instructions.

CRITICALCivil cases

Applies to

Sealed document

The proposed sealed document must be filed separately and contemporaneously under seal on ECF, with the appropriate restriction level, and electronically related to the motion or prior court order granting leave.

The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal).

CRITICALCivil cases

Applies to

Motion

A default-judgment motion must be filed on ECF only after the Clerk’s Certificate of Default has been obtained.

Only after obtaining a Clerk’s Certificate of Default should the party proceed to file a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2.

CRITICALCivil cases

Applies to

Joint letter

Absent leave of Court, the parties must file a joint case-status letter on ECF no longer than three pages at least one week before each future conference.

Absent leave of Court, by one week prior to any future conference, the parties shall file on ECF a joint letter, not to exceed three pages, regarding the status of the case.

CRITICALCivil cases

All attorneys must register promptly as ECF filers and enter an appearance in the case.

In accordance with the ECF Rules & Instructions, all attorneys representing parties are required to register promptly as ECF filers and to enter an appearance in the case.

CRITICALCivil cases

Applies to

Exhibits

Documentary exhibits and demonstratives must not be filed on ECF; they are submitted to the Court and served on opposing counsel.

Submit to the Court and serve on opposing counsel, but do not file on ECF, all documentary exhibits and demonstratives.

CRITICALCivil cases

Applies to

Letter motion

Letter motions must be filed on ECF; all requests for adjournments, extensions, and pre-motion conferences must be filed as letter motions.

Letter motions must be filed on ECF in accordance with the SDNY Local Rules and the ECF Rules and Instructions. In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter motions.

CRITICALCivil cases

Applies to

Letter

Letters to the Court must be filed electronically on ECF; letters seeking relief should be filed as letter motions, not ordinary letters.

Letters must be filed electronically on the Electronic Case Filing system ("ECF"). Letters seeking relief (if consistent with the SDNY Local Rules and the SDNY ECF Rules and Instructions) should be filed on ECF as letter motions, not as ordinary letters.

CRITICALCivil cases

Applies to

Pretrial order

The proposed Joint Pretrial Order must be filed electronically on ECF.

the parties must file on ECF a proposed Joint Pretrial Order

CRITICALCivil cases

Applies to

Motion

The moving party should file the TRO motion, supporting documents, and proposed order on ECF.

The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with ECF procedures.

CRITICALCivil cases

Applies to

Notice of appearance

All parties' counsel must file a notice of appearance on ECF promptly upon removal.

Counsel for all parties must file on ECF a notice of appearance in this Court promptly upon removal.

CRITICALCivil cases

Applies to

Default judgment motion

Default judgment must be sought by motion on ECF under FRCP 55(b)(2) and Local Rule 55.2, not by order to show cause.

A plaintiff seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and SDNY Local Civil Rule 55.2. A plaintiff seeking a default judgment should not proceed by order to show cause.

CRITICALCivil cases

Applies to

Joint status letter

The parties must file their joint pretrial conference status letter on ECF by Thursday of the week prior to the conference.

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

CRITICALCivil cases

Applies to

Joint status letter

The parties must file the joint status letter on ECF by Thursday of the week before the conference.

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

CRITICAL

Applies to

Letter

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.”

CRITICAL

Applies to

Motion or letter motion for sealed or redacted filing

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.

CRITICAL

Applies to

Letter

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.

CRITICAL

Applies to

Redacted and unredacted documents

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.

CRITICAL

Applies to

Diversity jurisdiction letter

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.

CRITICAL

Applies to

Sentencing submission document

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:

CRITICAL

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.

CRITICAL

Applies to

Documentary exhibits

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).

CRITICAL

Applies to

Order to show cause

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.

CRITICAL

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.

CRITICAL

Applies to

Proposed case management plan scheduling order and letter

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.

CRITICAL

Applies to

Deposition excerpts and synopses

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.

CRITICAL

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.

CRITICALCriminal cases

Applies to

Sentencing memorandum

A party must file its sentencing submission when served using one of the stated procedures; paper filing is the only option in a non-ECF criminal case.

At the time it is served a party shall file its sentencing submission following one of the two procedures described here. (If the criminal case is a non-ECF case, then only paper filing is allowed.)

CRITICAL

Applies to

Tro application

TRO and emergency-relief applications must be emailed to the Court in text-searchable PDF format.

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.

CRITICAL

Applies to

All documents

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 VyskocilNYSDChambers@nysd.uscourts.gov.

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 VyskocilNYSDChambers@nysd.uscourts.gov.

CRITICALCivil cases

Applies to

Proposed findings of fact and conclusions of law

Each party must electronically file proposed findings of fact and conclusions of law via ECF at the time the joint pretrial order is filed.

Electronically file via ECF proposed findings of fact and conclusions of law and provide one courtesy copy to the Court.

CRITICALCivil cases

Applies to

Joint pretrial order

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties should electronically file via ECF a joint pretrial order and provide one courtesy copy to the Court.

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties should electronically file via ECF a joint pretrial order and provide one courtesy copy to the Court.

CRITICALCivil cases

Any attorney appearing before the Court must enter a Notice of Appearance on ECF.

Any attorney appearing before the Court shall enter a Notice of Appearance on ECF.

CRITICALCivil cases

All attorneys representing parties before Judge Román must promptly register as ECF Filers and file a notice of appearance.

All attorneys representing parties before Judge Román are required to register promptly as ECF Filers and must file a notice of appearance.

CRITICALCivil cases

All letters must be filed on ECF unless they are under seal or contain sensitive or confidential information.

Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, all letters shall be filed on ECF.

CRITICALCivil cases

Applies to

Tro papers

Parties must file all TRO/preliminary injunction papers on ECF as they are emailed to Chambers.

Additionally, parties must file all papers on ECF as they are emailed to Chambers.

CRITICALCivil cases

Applies to

Motion papers

Motion papers must be filed via ECF promptly after reply papers have been served.

Motion papers shall be filed via ECF promptly after reply papers have been served.

CRITICALCivil cases

Applies to

Default judgment papers

The Order to Show Cause, proposed default judgment order, and all supporting papers must be filed on ECF in accordance with SDNY ECF Rules & Instructions Section 16.3.

File the Order to Show Cause, the proposed default judgment order, and all other supporting papers onto ECF in accordance with the Southern District of New York's Electronic Case Filing Rules & Instructions, Section 16.3.

CRITICALCivil cases

All proposed orders and stipulations requiring the Court's signature must be filed on ECF.

All proposed orders, and stipulations requiring the Court's signature, must be filed on ECF.

CRITICALCivil cases

Applies to

Direct testimony affidavits

Affidavits constituting the direct testimony of trial witnesses must be submitted to the Court and served but not electronically filed, with exceptions for adverse parties, subpoenaed persons, and witnesses testifying live.

Submit to the Court and serve on opposing counsel, but shall not electronically file, copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of (1) an adverse party, (2) a person whose attendance is compelled by subpoena, or (3) a person for whom the Court has agreed to hear direct testimony live at the trial.

CRITICALCivil cases

Applies to

Deposition excerpts and synopses

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 must not be electronically filed.

Submit to the Court and serve on opposing counsel, but shall not electronically file, all deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.

CRITICALCivil cases

Requests for adjournment or extension of time must be filed on ECF and sent to Chambers by email.

All requests for adjournment or extension of time shall be filed on ECF and sent to Chambers by email

CRITICALCivil cases

Applies to

Jury submissions

Proposed voir dire questions, requests to charge, verdict forms, and any oppositions must be filed via ECF.

These submissions, including any oppositions, shall be filed via ECF and sent to Chambers by email, with one courtesy copy of each submitted to Chambers.

CRITICALCriminal cases

Only paper filing is allowed in a non-ECF criminal case.

(If the criminal case is a non-ECF case, then only paper filing is allowed.)

CRITICALCivil cases

Applies to

Motion for sealed filing

Motions for sealed or redacted filings must be electronically filed via the court’s ECF system per applicable rules and orders.

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.

CRITICALCivil cases

Applies to

Letter motion

Letter-motions must be filed via ECF if compliant with local rules; all adjournment, extension, and pre-motion conference requests must be filed as letter-motions.

M. Letter-Motions. Letter-motions must be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter-motions.

CRITICALCriminal cases

Counsel must register promptly for ECF after being retained or assigned.

Counsel are required to register promptly for Electronic Case Filing (ECF) after being retained or assigned.

CRITICALCivil cases

Counsel must update ECF contact info and monitor docket activity regardless of ECF notifications.

Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for ensuring that they are aware of all docket activity in their cases, regardless of whether they receive ECF notifications.

CRITICALCivil cases

Applies to

Temporary restraining order

The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with the procedures found in ECF Rule 18.2.

The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with the procedures found in ECF Rule 18.2.

CRITICALCivil cases

Applies to

Default judgment

Default judgments must be filed as motions on ECF per FRCP 55(b)(2) and Local Rule 55.2(b); order to show cause is prohibited.

Q. Default Judgments. A plaintiff seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A plaintiff seeking a default judgment should not proceed by order to show cause.

CRITICALCivil cases

Applies to

Letter

Letters to the Court must be filed electronically via the ECF system.

Letters must be filed electronically on ECF.

CRITICAL

A pro se party must move for permission to e-file; if permission is granted, the party will not receive hard copies of documents filed electronically via ECF.

Any pro se party that wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for Electronic Case Filing (available at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro- se-cases and in the Pro Se Office). If the Court grants a motion to participate in “e-filing,” that party will not receive hardcopies of any document filed electronically via ECF.

CRITICALCriminal cases

Applies to

Letter motion

A defendant’s written bail-modification request must be filed on ECF as a letter-motion and state whether the Government and Pretrial Services Officer consent.

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

CRITICAL

Do not submit papers or courtesy hard copies to Chambers; file documents on ECF or email them when the Court’s Individual Rules permit or require it.

A. 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 BermanNYSDChambers@nysd.uscourts.gov.

CRITICAL

Applies to

Application papers

Parties seeking a TRO or other emergency relief must email all papers to the Court in text-searchable PDF format.

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

Attorneys for DOJ or Federal Defenders of NY must request e-filing privileges via PACER.

Those attorneys must request electronic filing privileges through the PACER website.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

Counsel must e-file via ECF per court instructions, except when exempted by court order or Fed. R. Civ. P. 5.

Counsel must serve and file papers by following the instructions regarding ECF published on the website of each respective court, unless exempted from electronic filing by court order or Fed. R. Civ. P. 5.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

Unless exempt, all filing and service must be completed via the ECF electronic system.

(c) Unless otherwise exempt, filing and service must be accomplished via ECF.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

Applies to

Highly sensitive document

Highly Sensitive Documents must be filed in hard copy per district orders.

Highly Sensitive Documents (HSDs) must be filed in hard copyhardcopy, in accordance with the order issued by each district governing those documents.

CRITICAL

Applies to

Order to show cause

The proposed Order to Show Cause and supporting papers must be filed electronically via ECF.

Electronically file the proposed Order to Show Cause and supporting papers via ECF, in accordance with the ECF Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.

CRITICAL

Default judgment supporting documents (affidavit/declaration per LCVR 55.2(a)(1), attorney’s affidavit, proposed Statement of Damages, proposed default judgment) must each be electronically filed as separate ECF Filing Events.

Electronically file the following documents as separate ECF Filing Events: a. an affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1); b. an attorney’s affidavit setting forth: i. why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; ii. 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 liability and/or damages prior to the resolution of the entire action (see Fed. R. Civ. P. Rule 54(b)); and iii. when applicable, legal authority for why an inquest is unnecessary. c. a proposed Statement of Damages and the basis for each element of damages, including interest, attorney’s fees, and costs (unless requesting an inquest); and d. a proposed default judgment, using the ECF Filing Event found under PROPOSED ORDERS.

CRITICAL

Applies to

Letter to court

Except as otherwise provided, all communications with the Court must be by letter filed electronically on ECF.

Except as otherwise provided below, communications with the Court shall be by letter, which shall be filed electronically on ECF. (See SDNY Electronic Case Filing Rules & Instructions, Section 13.1.)

CRITICAL

Applies to

Letter motion

Letter-motions must be filed electronically via ECF using the MOTION filing event and labeled as LETTER-MOTION.

A letter-motion must be filed via ECF, and identified as a “LETTER-MOTION” using the ECF Filing Event “MOTION,” in compliance with the Local Civil Rules and the SDNY Electronic Case Filing Rules & Instructions, Section 13.1.

CRITICAL

Applies to

Proposed order to show cause

Proposed Order to Show Cause Without Emergency Relief must be electronically filed via ECF using the Filing Event under PROPOSED ORDERS.

Electronically file the proposed Order to Show Cause Without Emergency Relief using the ECF Filing Event found under PROPOSED ORDERS.

CRITICAL

Applies to

Letter not addressed to court

Letters between parties or counsel not addressed to the Court may not be filed on ECF or sent to the Court, except as exhibits to a properly filed document.

Letters between or among parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document).

CRITICAL

Certain documents are prohibited from electronic filing per SDNY e-filing rules sections 6.15, 6.16, and 18.

Certain documents may not be electronically filed. See SDNY Electronic Case Filing Rules & Instructions, Sections 6.15, 6.16, and 18.

CRITICAL

Applies to

Proposed default judgment

Proposed default judgment must be electronically filed via ECF using the Filing Event under PROPOSED ORDERS.

a proposed default judgment, using the ECF Filing Event found under PROPOSED ORDERS.

CRITICAL

Applies to

Certificate of service

Certificate of service for signed Order to Show Cause must be filed electronically.

At least three business days before the return date, electronically file a certificate of service of the signed Order to Show Cause that complies with Local Civil Rule 55.2(a)(3).

CRITICAL

Applies to

Informational letter

Informational letters not requesting relief must be filed using the ECF Filing Event LETTER under OTHER DOCUMENTS.

Letters that are informational in nature, such as, for example, status reports regarding mediation or settlement, and that do not request relief should be filed using the ECF Filing Event LETTER listed under OTHER DOCUMENTS.

CRITICAL

Applies to

Sealed document

Parties unable to e-file sealed documents via ECF or believing a document should not be e-filed must move for leave to file 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.

CRITICAL

Applies to

Sentencing submission

Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.

Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.

CRITICAL

Applies to

Motion to seal

Motions to seal or redact must be filed electronically via the Court’s ECF system per applicable rules.

Motions or letter- motions for approval of sealed or redacted filings, 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 SDNY Electronic Case Filing Rules & Instructions, Section 6.

CRITICALCivil cases

Applies to

Settlement conference acknowledgment form

Counsel for each party must complete and sign the form, email it to the Court, and send copies to all other parties at the same time, no later than seven calendar days before the settlement conference.

Counsel of record for each party must complete and sign this form and email it to the Court at Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later than one week (seven calendar days) before the parties’ scheduled settlement conference.

CRITICAL

Applies to

Letter motion

Letter motions must be filed on ECF in accordance with the S.D.N.Y. Local Rules.

Letter motions shall be filed on ECF in accordance with the S.D.N.Y. Local Rules.

CRITICAL

Applies to

Sealed document

Sealed documents must be e-filed through ECF; a party unable to comply, or believing a document should not be e-filed, must move for leave to file 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 on paper.

CRITICAL

Applies to

Proposed case management plan

In pro se cases, the pro se party submits the Proposed Case Management Plan for Pro Se Cases to the Pro Se Intake Unit while the represented party submits it via ECF.

The pro se party should submit the Proposed Case Management Plan for Pro Se Cases to the Pro Se Intake Unit and the represented party should submit it via ECF and simultaneously mail a copy to the pro se party.

CRITICAL

A nonincarcerated pro se party seeking to participate in ECF must file a Motion for Permission for Electronic Case Filing.

Any nonincarcerated pro se party who wishes to participate in ECF must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake unit or at https://nysd.uscourts.gov/node/844.

CRITICAL

Applies to

Proposed sealed document

The specified documents, including proposed sealed documents, must be filed electronically through ECF in accordance with the cited procedures.

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-583, and ECF Rules & Instructions, Section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.

WARNINGCivil cases

Applies to

Letter motion

Letters seeking relief should be filed on ECF as letter-motions (not ordinary letters) when permitted by local e-filing rules.

When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters.

WARNING

Applies to

Letter

When a stated exception to ECF filing applies, a PDF letter may be emailed to chambers or delivered in hard copy.

If one of the exceptions described in the previous sentence applies, a PDF version of a letter may be emailed to the chambers email address or delivered in hard copy.

WARNING

Applies to

Sentencing submission

Every document in a sentencing submission, including letters, should be filed publicly through ECF unless it is to be filed under seal or permission to do otherwise has been obtained.

Except for submissions to be filed under seal, every document in a sentencing submission, including letters, should be filed in the public record through the ECF system, using the procedures described below, unless permission to the contrary has been obtained.

WARNING

Applies to

Letter motion

Letter-motions may be made through ECF if they comply with the applicable S.D.N.Y. rules and instructions.

Letter-motions may be made via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions.

WARNING

In civil and criminal cases designated ECF, parties must stay current on matters filed electronically because the Court will not provide other notification.

B. In ALL cases (civil and criminal) that are designated ECF, the parties are responsible for being current in any and all matters filed electronically by this Court. No other means of notification will be used by this Court.

WARNING

Applies to

Letter

To file a letter electronically, counsel should make the following selections on ECF: civil → civil events → other filings → other documents → letter.

To file a letter electronically, counsel should make the following selections on ECF: civil → civil events → other filings → other documents → letter.

WARNINGCivil cases

Applies to

Temporary restraining order motion

The TRO moving party should file the motion, supporting documents, and a proposed order on ECF in accordance with ECF procedures.

The moving party should then file a Motion for a Temporary Restraining Order, supporting documents and a proposed order on ECF in accordance with ECF procedures.

WARNINGCivil cases

Applies to

Letter motion

When permitted by the applicable S.D.N.Y. rules, letters seeking relief should be filed on ECF as letter-motions rather than ordinary letters.

When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters.

WARNINGCivil cases

for updating their contact information on ECF should it change; they should not file a letter motion advising the Court of the change. Counsel are also responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. Under ECF Rule 4.3, counsel “have an obligation to review the Court’s actual order, decree, or judgment, as available on ECF, and should not rely on the description of such order, decree or judgment in the Notice of Electronic Filing (NEF) alone.”

for updating their contact information on ECF should it change; they should not file a letter motion advising the Court of the change. Counsel are also responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. Under ECF Rule 4.3, counsel “have an obligation to review the Court’s actual order, decree, or judgment, as available on ECF, and should not rely on the description of such order, decree or judgment in the Notice of Electronic Filing (NEF) alone.”

WARNINGCivil cases

Applies to

Letter

Letters solely between parties or not addressed to the Court may not be filed on ECF or sent to the Court, except as exhibits.

Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

WARNING

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.

WARNING

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.

WARNING

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.

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.

WARNING

Pro se parties may file electronically via ECF or email only with Court permission; otherwise communications must be mailed to the Pro Se Intake Unit.

Pro se parties are encouraged to (1) consent to electronic service (via ECF or email); or (2) seek the Court’s permission to file documents through the ECF system or by email to the Court. Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007.

WARNINGCivil cases

Counsel must keep their ECF contact information current and regularly check the docket sheet even if 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.

WARNINGCriminal cases

Applies to

Sentencing submission document

The Court assumes all documents in a sentencing submission, including letters, will be filed through ECF.

The Court assumes that every document in a sentencing submission, including letters, will be filed through the ECF system.

WARNINGCriminal cases

Applies to

Adjournment or extension request

A request containing sensitive or confidential information may be submitted by email instead of being filed electronically.

(If a request contains sensitive or confidential information, it may be submitted by e-mail in lieu of being filed electronically).

WARNINGCivil cases

Applies to

Letter

Letters between parties/counsel not addressed to the Court cannot be filed on ECF or sent to the Court, except as exhibits to proper filings.

Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

WARNING

A represented party should email these pretrial documents to the Court when filing them, in both PDF and Microsoft Word formats.

At the time of filing, a represented party should e-mail these documents to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov), in both .pdf and Microsoft Word formats.

WARNING

If a party or counsel cannot submit a document electronically by ECF or email, it may be mailed, but mail should be avoided to the maximum extent possible.

B. 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.

WARNING

Applies to

Letter

Letters should be filed on ECF except for settlement conference submissions and in camera submissions.

Letters should be filed on ECF except for settlement conference submissions and in camera submissions.

INFOCivil cases

A party may file a pretrial memorandum of law when the joint pretrial order is filed if the party believes it would be useful to the Court.

At the time the joint pretrial order is filed, a party may file a pretrial memorandum of law if it believes it would be useful to the Court.

INFO

Applies to

Oral argument request letter

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.

INFOCivil cases

Applies to

Exhibits

Trial exhibits are not required to be electronically filed.

Exhibits need not be electronically filed.

INFO

A pro se party may file the specified pretrial documents but is not required to do so and need not email them.

The pro se party may file such documents, but is not required to do so and need not submit them by e-mail.

INFOCourt noticeNotice of rule changes; check the effective date before relying on it

Presiding judges may grant e-filing privileges to pro se litigants; if not, electronic submissions are accepted per court website requirements.

InA judge presiding over a case wheremay grant electronic filing privileges to a pro se partylitigant. If a pro se litigant has not obtained electronic filing privileges in a case, the United States District Courts for the Eastern and Southern Districts of New York will accept electronic submissions from pro se parties without electronic filing privileges pursuant tothat litigant based on certain requirements that will be set forth on each Court’s public website.

INFO

Applies to

Exhibits

Trial exhibits are not required to be filed electronically on ECF.

Exhibits need not be filed electronically on ECF.

INFO

Applies to

Discovery letter motion

Counsel should select the “Letter-Motion” option when filing on ECF.

Counsel should select the “Letter-Motion” option when filing on ECF.

CRITICALCivil cases

Parties must file all proposed stipulations and orders on ECF using appropriate ECF filing event per SDNY rules.

In accordance with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, parties should file on ECF all proposed stipulations and orders that they wish the Court to sign, using the appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17–19 & App’x A.