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Court Rules

Southern District of New York Filing Timing and Cure Windows

172 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICALCivil cases

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

Judge Arun Subramanian

CRITICALCivil cases

Expert exclusion motions (Daubert) must be filed by the dispositive motion deadline and should not be treated as motions in limine.

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Judge Arun Subramanian

CRITICAL

An application for a redaction beyond the eleven identified categories must be filed when the sentencing submission is served.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be filed at the time the sentencing submission is served.

Judge George B. Daniels

CRITICAL

No later than 7 days before trial, the parties must file proposed jury instructions with authority citations, proposed verdict forms, proposed voir dire, and the Government's proposed witness list.

iv. Not later than seven (7) days prior to the commencement of trial, the parties shall file their: 1. proposed jury instructions with citations to authority; 2. proposed verdict forms; 3. proposed voir dire; and 4. the Government's proposed witness list.

Judge George B. Daniels

CRITICAL

Motions in limine must be filed 30 days before trial.

iii. Motions in limine shall be filed thirty (30) days prior to the commencement of trial.

Judge George B. Daniels

CRITICAL

Rule 16 expert disclosures, including all required information, must be made 30 days before trial.

ii. Any Rule 16 expert disclosures, including all required information, shall be made thirty (30) days prior to the commencement of trial.

Judge George B. Daniels

CRITICALCriminal cases

A party must file its sentencing submission when it is served, using the specified paper or ECF procedure, but non-ECF cases must use paper filing.

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.)

Judge P. Kevin Castel

CRITICALCivil cases

Parties must submit affidavits of direct testimony to the court at the time of joint pretrial order filing, with exceptions for certain witnesses.

At the time the joint pretrial order is filed, each party shall submit to the Court and serve on opposing counsel, 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.

Judge Paul Engelmayer

CRITICALCivil cases

Motion papers must be filed promptly after service.

Motion papers shall be filed promptly after service.

Judge Paul Engelmayer

CRITICALCivil cases

Deposition excerpts offered as substantive evidence must be submitted at the time of joint pretrial order filing.

All deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.

Judge Paul Engelmayer

CRITICALCivil cases

If TRO adversary is notified but does not consent, application must be filed at a time mutually agreeable to both parties.

If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must file the application at a time mutually agreeable to it and the adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Judge Paul Engelmayer

CRITICALCivil cases

All documentary exhibits must be submitted at the time of joint pretrial order filing.

All documentary exhibits.

Judge Paul Engelmayer

CRITICAL

Joint Pretrial Orders in civil cases must be submitted within 30 days after discovery closes or 30 days after a dispositive motion decision.

Unless otherwise ordered by the Court, within 30 days after the deadline for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties shall submit to the Court for its approval a Joint Pretrial Order, with one courtesy hard copy for Chambers.

Judge Vincent L Briccetti

CRITICAL

Motions in limine addressing evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.

In all cases, motions in limine addressing any evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.

Magistrate Judge Valerie Figueredo

CRITICAL

Unless the Court orders otherwise, the specified pretrial materials must be filed at the same time as the Joint Pretrial Order.

Unless otherwise ordered, the following must be filed at the same time as the filing of the Joint Pretrial Order:

Magistrate Judge Valerie Figueredo

WARNINGCivil cases

Parties should promptly move for default judgment if the opposing party fails to respond to a claim.

If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.

Judge Arun Subramanian

WARNING

An auto-generated email confirms receipt of a pro se party's email but does not establish that the document was filed on the docket.

Pro se parties using the ProSe email box will receive an auto-generated message confirming receipt of their email, but that does not mean that the document has been filed on the docket.

Judge Cathy Seibel

WARNING

Deadline
2 business days

The filing party must check the docket and may call the Pro Se Intake Unit for help if the document has not been docketed after two business days.

The filing party must check the docket to see if the document has been filed and may contact the Pro Se Intake Unit at 212-805-0175 for assistance if the document has not been docketed after two business days.

Judge Cathy Seibel

WARNINGCivil cases

Motion papers must be filed promptly after they are served.

Motion papers must be filed promptly after service.

Judge Jeannette A. Vargas

WARNINGCivil cases

Motion papers must be filed promptly after service.

Motion papers must be filed promptly after service.

Judge Jennifer L. Rochon

WARNING

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.

Judge Kimba M. Wood

WARNINGCivil cases

After the Order to Show Cause, the proposed default judgment order, and supporting documentation are filed on ECF, the Clerk of Court will review the filings. Please monitor the docket in case any of the filings are not approved as to form, and make any revisions as indicated by the Clerk of Court.

After the Order to Show Cause, the proposed default judgment order, and supporting documentation are filed on ECF, the Clerk of Court will review the filings. Please monitor the docket in case any of the filings are not approved as to form, and make any revisions as indicated by the Clerk of Court.

Judge Nelson S. Roman

WARNINGCriminal cases

Unless a party requests filing under seal, parties should assume the Court will docket any substantive letter they have not docketed.

Absent any request to file a letter under seal, the parties should assume that any substantive letter that the parties have not docketed will be docketed by the Court.

Judge Paul Engelmayer

WARNINGCivil cases

The Court prefers privilege logs to be produced simultaneously with each production tranche or within a week afterward.

(The Court’s preference is that privilege logs be produced simultaneously or within a week of each produc�on tranche):

Magistrate Judge Robyn F. Tarnofsky

INFOCivil cases

The motion-to-dismiss procedure does not change the deadline for responding to the motion.

This provision does not alter the time to file a response to the motion to dismiss.

Judge Jeannette A. Vargas

INFOCivil cases

Oral argument may be requested by letter filed with motion/opposition/reply papers.

Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.

Judge Paul Engelmayer

Filing deadlines

CRITICALCivil cases

Joint pretrial order must be submitted at least 14 days before final pretrial conference.

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,

Judge Arun Subramanian

CRITICALCivil cases

Deadline
2 business days

Opposing parties must make themselves available to confer within 2 business days of a discovery dispute conference request.

Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days.

Judge Arun Subramanian

CRITICALCivil cases

Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

Judge Arun Subramanian

CRITICALCivil cases

Deadline
3 business days

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross- examine at the trial.

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross- examine at the trial.

Judge Arun Subramanian

CRITICALCivil cases

Deadline
10 business days

Discovery dispute letter-motions may be filed after 10 business days of dispute or sooner if impasse is reached.

If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion

Judge Arun Subramanian

CRITICALCivil cases

Deadline
2 business days

Oppositions to letter-motions seeking relief must be filed within two business days.

Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within two business days.

Judge Arun Subramanian

CRITICALCivil cases

Deadline
3 business days

i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

Judge Arun Subramanian

CRITICAL

Deadline
30 calendar days

Unless the Court orders otherwise, the parties must submit a proposed joint pretrial order within 30 days after discovery closes, or within 30 days after decision on a filed dispositive motion.

Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties shall submit to the Court for its approval a proposed joint pretrial order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and following:

Judge Cathy Seibel

CRITICAL

Counsel are prohibited from setting a return date for motions.

Counsel are not to set a “return date.”

Judge Colleen McMahon

CRITICAL

Requests to exceed memoranda page limits must be made in writing 5 days before due date (1 day for reply briefs).

Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date.

Judge Colleen McMahon

CRITICAL

In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre- discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit.

In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre- discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit.

Judge Colleen McMahon

CRITICAL

Reponses are due five days later.

Reponses are due five days later.

Judge Colleen McMahon

CRITICAL

For civil evidentiary hearings, counsel must provide pre-marked exhibits to adversary and Court 5 days before, with specific formatting requirements.

In addition, and also no fewer than five days before an evidentiary hearing, counsel shall provide one pre-marked set of exhibits for the adversary and one for the Court. All exhibits must be pre-marked, using the form PX-1 through PX-n and DX-1 through DX-n. If possible, exhibits should be bound or collated in a binder. Each exhibit should be tabbed. Exhibits containing multiple documents (e.g., multiple banks statements) are disfavored. The copies provided to the Court will be for the Court’s use only. Counsel should bring their own copies for use by witnesses.

Judge Colleen McMahon

CRITICAL

Defendants have 30 days after plaintiff’s deposition to file brief in support of qualified immunity motion.

After the plaintiff’s deposition, the defendant(s) has/have thirty days to file a brief in support of the motion to dismiss (order your deposition transcript accordingly, please).

Judge Colleen McMahon

CRITICAL

Deadline
14 business days

Oppositions to lead counsel motions in PSLRA cases must be filed within 14 business days of the motion due date, with no extensions permitted.

Opposition to each such motion must be filed separately and must be received by the court no later than fourteen (14) business days following the date on which such motions are due. NO EXTENSIONS WILL BE GRANTED.

Judge Colleen McMahon

CRITICAL

In limine motions must be filed no later than 5 days after final pretrial conference notice, not with the pretrial order.

In limine motions are not to be filed with the pretrial order. They must be filed no later than five days after the parties are noticed for final pretrial conference.

Judge Colleen McMahon

CRITICAL

Summary judgment motions must be filed within 30 days after the close of discovery.

Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order).

Judge Colleen McMahon

CRITICAL

Plaintiff has 30 days after defendant’s brief filing to file response to qualified immunity motion.

The plaintiff will have 30 days from the filing of the brief in support of the motion to file its response.

Judge Colleen McMahon

CRITICAL

Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

In all matters in which the complaint contains a RICO claim, the plaintiff(s) must file a RICO Case Statement, in accordance with the Court’s RICO Case Standing Order, which is available on the Court’s website (http://nysd.uscourts.gov/judge/Mcmahon), within 30 days of filing the complaint.

Judge Colleen McMahon

CRITICAL

Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: Proposed findings of fact and conclusions of law; Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; and Sworn statements constituting the direct testimony of each witness to be presented.

Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: Proposed findings of fact and conclusions of law; Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; and Sworn statements constituting the direct testimony of each witness to be presented.

Judge Colleen McMahon

CRITICAL

In bench trials, witness statements (excluding hostile/uncontrolled witnesses) must be submitted and exchanged 10 days before final pretrial conference.

In bench trials, counsel must prepare and exchange sworn statements containing the direct testimony of each witness they intend to call, other than hostile witnesses or witnesses outside of their control. These witness statements will be submitted and exchanged ten days before the final pretrial conference and shall be used at trial in accordance with the following procedure:

Judge Colleen McMahon

CRITICAL

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Judge Colleen McMahon

CRITICAL

If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.

If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.

Judge Colleen McMahon

CRITICALCivil cases

Plaintiff must file a RICO case statement within 30 days after filing the complaint.

Plaintiff shall file, within thirty (30) days of filing the complaint, a RICO case statement; a copy shall be delivered to Chambers.

Judge Colleen McMahon

CRITICAL

Evidentiary hearings in civil matters are conducted according to the Judge’s rules for bench trials, Part VII.F, supra. Thus, no fewer than ten days before an evidentiary hearing, parties should submit (a) sworn witness statements, (b) memoranda of law, and (c) proposed findings of fact and conclusions of law.

Evidentiary hearings in civil matters are conducted according to the Judge’s rules for bench trials, Part VII.F, supra. Thus, no fewer than ten days before an evidentiary hearing, parties should submit (a) sworn witness statements, (b) memoranda of law, and (c) proposed findings of fact and conclusions of law.

Judge Colleen McMahon

CRITICAL

Wait at least 30 days after service before applying for certificate of default to allow for appearance by mail.

Wait at least 30 days after service is effected to allow for the receipt of an appearance by mail; then

Judge Colleen McMahon

CRITICAL

Deadline
30 calendar days

Unless the Court orders otherwise, each party must file the specified materials 30 days before trial if a trial date is fixed, or within 30 days after filing the joint pretrial order if no trial date is fixed.

Unless otherwise ordered by this Court, each party shall file thirty (30) days prior to the commencement of trial if such a date has been fixed, or thirty (30) days after the filing of the joint pretrial order if no trial date has been fixed:

Judge George B. Daniels

CRITICAL

Unless the Court orders otherwise, the joint pretrial order must be submitted within 30 days after the date for completion of discovery.

Unless otherwise ordered by this Court, within thirty (30) days after the date for completion of discovery in a civil case, the parties shall submit to this Court, for its approval, a joint pretrial order, which shall include the following:

Judge George B. Daniels

CRITICALCivil cases

All fact discovery must be completed within a period not exceeding 120 days, unless the case presents unique complexities or exceptional circumstances.

All fact discovery shall be completed no later than ______________________. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

Judge Gregory H. Woods

CRITICALCivil cases

Contention interrogatories must be served no later than 30 days before the close of discovery; no other interrogatories are permitted without prior express permission of the Court.

Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than thirty (30) days before the close of discovery. No other interrogatories are permitted without prior express permission of the Court.

Judge Gregory H. Woods

CRITICALCivil cases

Requests to admit must be served no less than 30 days prior to the close of fact discovery, absent exceptional circumstances.

Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by ______________________. [Absent exceptional circumstances, a date not less than 30 days prior to the date set forth in paragraph 7(a).]

Judge Gregory H. Woods

CRITICALCivil cases

Motions to amend pleadings or join additional parties must be filed within 30 days following the initial pretrial conference, absent exceptional circumstances.

Any motion to amend or to join additional parties shall be filed within ______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 30 days following the initial pretrial conference.]

Judge Gregory H. Woods

CRITICALCivil cases

Initial disclosures under Rule 26(a)(1) must be completed within 14 days of the parties' Rule 26(f) conference, absent exceptional circumstances.

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than __________ days from the date of this Order. [Absent exceptional circumstances, within 14 days of the parties' conference pursuant to Rule 26(f).]

Judge Gregory H. Woods

CRITICALCriminal cases

Deadline
1 business days

When the Government provides a Pimentel letter, Chambers must receive a copy at least one business day before the scheduled plea.

Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least one business day before the scheduled plea.

Judge J. Paul Oetken

CRITICALCriminal cases

Deadline
1 business days

A copy of a plea or cooperation agreement ordinarily must reach Chambers at least one business day before the scheduled plea.

When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement ordinarily must be received by Chambers at least one business day before the scheduled plea.

Judge J. Paul Oetken

CRITICALCriminal cases

Deadline
48 hours

A written bail-modification request must be filed at least 48 hours before the pertinent event or date.

Any written request for a bail modification shall be filed at least 48 hours before the pertinent event or date.

Judge J. Paul Oetken

CRITICALCivil cases

A response or opposition to a pretrial memorandum of law is due two weeks after the opening memorandum is filed.

Any response or opposition to a pretrial memorandum of law shall be due two weeks after the filing of the opening memorandum.

Judge Jeannette A. Vargas

CRITICALCivil cases

If applicable, the parties must submit a post-discovery joint status letter one week after expert discovery closes.

[If applicable] By _____________ [one week after the close of expert discovery], the parties shall submit a post-discovery joint status letter, as outlined in Section 8(e) of the Court’s Individual Rules and Practices in Civil Cases.

Judge Jeannette A. Vargas

CRITICALCivil cases

The parties must jointly file the specified jury-case pretrial documents on ECF and email Microsoft Word versions to Chambers no later than two weeks before trial.

No later than two weeks before trial, the parties shall jointly file on ECF and submit by email to VargasNYSDChambers@nysd.uscourts.gov a Microsoft Word version of the following documents:

Judge Jeannette A. Vargas

CRITICALCivil cases

Deadline
10 calendar days

Within 10 days after a motion to dismiss is filed, the non-moving party must tell the Court whether it will amend its pleading or rely on the challenged pleading.

Upon the filing of a motion to dismiss, the non-moving party is required, within 10 days, to notify the Court whether it intends to file an amended pleading or rely on the pleading being attacked.

Judge Jeannette A. Vargas

CRITICALCivil cases

Unless the Court orders otherwise, expert-exclusion motions under F.R.E. 702–705 and Daubert must be made by the dispositive-motion deadline and should not be treated as motions in limine.

Unless the Court orders otherwise, motions to exclude the testimony of experts, pursuant to F.R.E. 702– 705 and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Judge Jeannette A. Vargas

CRITICALCivil cases

Deadline
30 calendar days

A proposed order or stipulation regarding electronically stored information must be filed within 30 days of the order’s date.

Any proposed order or stipulation regarding electronically stored information shall be filed within 30 days of the date of this Order.

Judge Jeannette A. Vargas

CRITICALCivil cases

Deadline
3 business days

An opposition to a letter must be filed within three business days after the letter motion is filed.

Any opposition to letters must be filed within three (3) business days of the filing party’s letter motion.

Judge Jeannette A. Vargas

CRITICALCivil cases

Any proposed order or stipulation regarding electronically stored information must be filed within 30 days of the Order.

Any proposed order or stipulation regarding electronically stored information shall be filed within 30 days of the date of this Order.

Judge Jeannette A. Vargas

CRITICALCivil cases

The parties must submit a post-fact-discovery joint status letter two weeks after fact discovery closes.

By _____________ [two weeks after the close of fact discovery], the parties shall submit a post-fact discovery joint status letter, as outlined in Section 8(d) of the Court’s Individual Rules and Practices in Civil Cases.

Judge Jeannette A. Vargas

CRITICALCivil cases

Deadline
10 calendar days

The recusal letter must be filed before any appearance before or application made to Judge Vargas, and in any event no later than 10 calendar days from assignment of the matter.

Prior to any appearance before, or application made to, Judge Vargas in any civil matter in which the United States Attorney or an attorney from the U.S. Department of Justice represents a party—or in any event, no later than ten (10) calendar days from the assignment of any such matter to Judge Vargas—the Government attorney handling the matter shall file a letter on the docket indicating whether, based on the records of the U.S. Attorney's Office, the matter falls within the recusal parameters set forth above.

Judge Jeannette A. Vargas

CRITICALCivil cases

Deadline
3 calendar days

Counsel for the removing party must file the state-court docket sheet within three calendar days after filing the notice of removal.

Counsel for the party or parties that removed the case must follow 28 U.S.C. § 1446(a) and file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

Judge Jeannette A. Vargas

CRITICALCivil cases

Deadline
21 calendar days

Within 21 days after the non-moving party amends its pleading, the moving party may answer, file a new motion to dismiss, or notify the Court it will rely on its original motion.

If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

Judge Jeannette A. Vargas

CRITICALCivil cases

Deadline
30 calendar days

Unless the Court orders otherwise, the joint pretrial order and Rule 8(F)–(I) submissions are due 30 days after all discovery closes, or 30 days after a decision on a filed dispositive motion.

Unless otherwise ordered by the Court, the joint pretrial order and additional submissions required by Rule 8(F)-(I) of the Court’s Individual Rules and Practices in Civil Cases shall be ===== PAGE 4 ===== due 30 days from the close of all discovery, or, if a dispositive motion has been filed, within 30 days of a decision on such motion.

Judge Jeannette A. Vargas

CRITICALCivil cases

Oppositions to summary judgment or expert-exclusion motions must be filed within two weeks after service.

Oppositions shall be filed within two weeks of service of any such motions,

Judge Jennifer H. Rearden

CRITICALCivil cases

If all parties consent to magistrate-judge proceedings, they must submit a fully executed consent and reference notice within three days after submitting the proposed case management plan.

If all parties consent, the remaining Paragraphs should not be completed. Instead, within three days of submitting this Proposed Case Management Plan and Scheduling Order, the parties shall submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.

Judge Jennifer H. Rearden

CRITICALCivil cases

Deadline
1 calendar days

Any reply must be filed within one week after service of the opposition.

and replies, if any, shall be filed within one week of service of any oppositions.

Judge Jennifer H. Rearden

CRITICALCivil cases

Deadline
30 calendar days

Summary judgment and expert-exclusion motions must be filed within 30 days after discovery closes.

The parties shall file any summary judgment motions, and any motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), and its progeny, within 30 days of the close of all discovery.

Judge Jennifer H. Rearden

CRITICALCivil cases

Deadline
30 calendar days

Unless the Court orders otherwise, the parties must submit the Joint Pretrial Order within 30 days after discovery closes or, if a dispositive motion is filed, within 30 days after the decision on that motion.

Unless otherwise ordered by the Court, within 30 days of the close of all discovery, or, if a dispositive motion has been filed, within 30 days of a decision on such motion, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court’s Individual Rules and Fed. R. Civ. P. 26(a)(3).

Judge Jennifer H. Rearden

CRITICALCivil cases

Parties must file a proposed Joint Pretrial Order on ECF within 30 days of the Court's decision on a summary judgment motion.

Unless otherwise ordered by the Court, within 30 days from the Court's decision on a summary judgment motion, the parties must file on ECF a proposed Joint Pretrial Order.

Judge Jennifer L. Rochon

CRITICALCivil cases

Deadline
3 calendar days

Removing party must file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

Counsel for the party or parties that removed the case must follow 28 U.S.C. § 1446(a) and file a copy of the state court docket sheet within three calendar days of filing the notice of removal.

Judge Jennifer L. Rochon

CRITICALCivil cases

Deadline
3 business days

The letter and completed Electronic Devices General Purposes Form must be filed at least three business days before the appearance.

Counsel seeking to bring a device into the Courthouse for an appearance must, at least three business days before the appearance, file a letter (not letter motion) and completed Electronic Devices General Purposes Form, available at https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose.

Judge Jennifer L. Rochon

CRITICALCivil cases

Deadline
1 business days

Opposing party must inform the Court within one business day of intent to respond and file the response within three business days; reply letters are not permitted.

If the opposing party wishes to respond to the letter, it must inform the Court within one business day that a responsive letter is forthcoming and file the letter within three business days. The same page limits and filing instructions apply. Reply letters are not permitted.

Judge Jennifer L. Rochon

CRITICALCivil cases

Deadline
30 calendar days

Contention interrogatories must be served at least 30 days before discovery closes unless the Court orders otherwise.

Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than 30 days before the close of discovery.

Judge Katherine Polk Failla

CRITICALCivil cases

In jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions must be filed simultaneously with the Joint Pretrial Order on the date set by the Court.

If this action is to be tried before a jury, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed simultaneously with the Joint Pretrial Order on the date set by the Court

Judge Katherine Polk Failla

CRITICALCivil cases

Daubert motions to exclude expert testimony must be filed at the same time as any dispositive motions in which such testimony is implicated, or on another schedule set by the Court.

Similarly, any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, is to be filed at the same time as any dispositive motions in which such testimony is implicated, or on any other schedule established by the Court.

Judge Katherine Polk Failla

CRITICALCivil cases

Opposition to a Daubert motion is due two weeks after the motion is served on the opposing party, unless otherwise ordered by the Court.

Unless otherwise ordered by the Court, opposition to any such motion is to be filed two weeks after the motion is served on the opposing party

Judge Katherine Polk Failla

CRITICALCivil cases

The case management plan sets a court-specified deadline for filing a motion, with opposition and reply deadlines also to be specified (dates left blank in this form).

shall file a motion for no later than . Any opposition shall be filed by and any reply shall be filed by .

Judge Katherine Polk Failla

CRITICALCivil cases

In bench trials, proposed findings of fact and conclusions of law must be filed on or before the Joint Pretrial Order due date.

If this action is to be tried to the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court’s Individual Rules.

Judge Katherine Polk Failla

CRITICALCivil cases

The joint status letter regarding the status of the case must be filed by Thursday of the week prior to the pretrial 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.

Judge Katherine Polk Failla

CRITICALCivil cases

All expert discovery, including reports, production of underlying documents, and depositions, must be completed no later than 45 days after completion of fact discovery, absent exceptional circumstances.

All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than ____________________. [Absent exceptional circumstances, a date not more than 45 days from the date in paragraph 6(e) (i.e., the completion of all fact discovery).]

Judge Katherine Polk Failla

CRITICALCivil cases

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Judge Katherine Polk Failla

CRITICALCivil cases

Deadline
30 calendar days

Any confidentiality agreement between the parties must be filed within 30 days of the order.

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Judge Katherine Polk Failla

CRITICALCivil cases

Any agreement between the parties concerning ESI must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

Any agreement reached between the parties concerning ESI is to be filed within 30 days from the date of this Order.

Judge Katherine Polk Failla

CRITICALCivil cases

If all parties consent to proceed before a magistrate judge, they must submit a fully executed SDNY consent form to the Court within three (3) days of submitting the Proposed Civil Case Management Plan and Scheduling Order.

If all parties consent, the remaining paragraphs need not be completed. Instead, the parties shall submit to the Court a fully executed SDNY Form Consenting to Proceed for All Purposes Before a Magistrate Judge, available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla, within three (3) days of submitting this Proposed Civil Case Management Plan and Scheduling Order.

Judge Katherine Polk Failla

CRITICALCivil cases

Deadline
3 calendar days

If all parties consent to proceeding before a magistrate judge, they must submit the fully executed consent form within three days after submitting the proposed plan and scheduling order.

If all parties consent, the remaining paragraphs need not be completed. Instead, the parties shall submit to the Court a fully executed SDNY Form Consenting to Proceed for All Purposes Before a Magistrate Judge, available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla, within three (3) days of submitting this Proposed Civil Case Management Plan and Scheduling Order.

Judge Katherine Polk Failla

CRITICALCivil cases

Deadline
3 business days

A responsive letter to a discovery dispute conference request must be submitted within three business days after the request is received.

If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Judge Katherine Polk Failla

CRITICALCivil cases

Motions to amend pleadings or join additional parties (which require leave of court) must be filed no later than 30 days after the initial pretrial conference absent exceptional circumstances, and motions filed after that deadline are subject to the Rule 16(b)(4) good cause standard.

Any motion to amend or to join additional parties shall be filed no later than ________________ [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference. Any motion to amend or to join additional parties filed after this deadline will be subject to the “good cause” standard in Fed. R. Civ. P. 16(b)(4) rather than the more lenient standards of Fed. R. Civ. P. 15 and 21.]

Judge Katherine Polk Failla

CRITICALCivil cases

All fact discovery must be completed no later than 120 days following the initial pretrial conference, unless the Court finds unique complexities or other exceptional circumstances.

All fact discovery shall be completed no later than __________________. [A date not more than 120 days following the initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

Judge Katherine Polk Failla

CRITICALCivil cases

A reply to a Daubert motion, if any, is due one week after service of the opposition.

a reply, if any, is to be filed one week after service of any opposition.

Judge Katherine Polk Failla

CRITICALCivil cases

Any agreement between the parties concerning protocols for privilege or trial-preparation material must be filed within 30 days of the order.

Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

Judge Katherine Polk Failla

CRITICALCivil cases

Submissions required by Rule 7 of the Court's Individual Rules, including any motions in limine, must be made at or before the time of the Joint Pretrial Order.

The parties shall also follow Rule 7 of the Court's Individual Rules, which rule identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine.

Judge Katherine Polk Failla

CRITICALCivil cases

Rule 26(a)(1) initial disclosures must be completed within 14 days following the initial pretrial conference absent exceptional circumstances (the bracketed default is truncated in the source).

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than _______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 14 days following the

Judge Katherine Polk Failla

CRITICALCivil cases

Deadline
30 calendar days

Any agreement between the parties concerning ESI must be filed within 30 days of the order.

Any agreement reached between the parties concerning ESI is to be filed within 30 days from the date of this Order.

Judge Katherine Polk Failla

CRITICALCivil cases

The parties are also to discuss protocols for asserting claims of privilege or of protection as trial-preparation material after such information is produced, pursuant to Federal Rule of Evidence 502. Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

The parties are also to discuss protocols for asserting claims of privilege or of protection as trial-preparation material after such information is produced, pursuant to Federal Rule of Evidence 502. Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

Judge Katherine Polk Failla

CRITICALCivil cases

Jury instructions may not be submitted after the Joint Pretrial Order due date unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).

Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).

Judge Katherine Polk Failla

CRITICALCivil cases

The pre-motion submission for a summary judgment motion must be filed within 30 days of the close of fact or expert discovery, whichever comes later.

The submission shall be filed within 30 days of the close of fact or expert discovery, whichever comes later.

Judge Katherine Polk Failla

CRITICAL

Deadline
5 calendar days

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.

Judge Kimba M. Wood

CRITICAL

Deadline
3 business days

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.

Judge Kimba M. Wood

CRITICAL

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.

Judge Kimba M. Wood

CRITICAL

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.

Judge Kimba M. Wood

CRITICAL

Deadline
14 calendar days

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.

Judge Kimba M. Wood

CRITICAL

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.

Judge Kimba M. Wood

CRITICAL

Deadline
3 calendar days

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.

Judge Kimba M. Wood

CRITICAL

Deadline
14 calendar days

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.

Judge Kimba M. Wood

CRITICAL

The criminal-case letter must be submitted no later than one week before the scheduled appearance.

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.

Judge Mary Kay Vyskocil

CRITICALCivil cases

Deadline
3 business days

Within three business days after submitting direct-testimony affidavits, each party must submit a list of affiants it intends to cross-examine at trial.

Three business days after the 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.

Judge Nelson S. Roman

CRITICALCivil cases

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.

Judge Nelson S. Roman

CRITICALCivil cases

Opposition documents must be filed no less than two days before the scheduled trial date.

in no event less than two days before the scheduled trial date

Judge Paul Engelmayer

CRITICALCivil cases

Deadline
4 business days

Parties must file proposed case management plan and joint letter on ECF 4 business days before initial conference.

At least four business days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at https://nysd.uscourts.gov/hon-paul- engelmayer; and (2) a joint letter, not to exceed three single-spaced pages in length, describing the case, any contemplated motions, and the prospect for settlement.

Judge Paul Engelmayer

CRITICAL

The defendant must file and serve a similar case statement containing the same information two weeks after service of the plaintiff’s Statement.

Two weeks after service of plaintiff's Statement, the defendant must file and serve a similar Statement of its case containing the same information.

Judge Paul Engelmayer

CRITICALCivil cases

within one week after the filing of the pretrial order

within one week after the filing of the pretrial order

Judge Paul Engelmayer

CRITICALCivil cases

Jury case parties must submit joint settlement conference consent letter within 2 weeks of close of fact discovery.

In cases to be tried by jury, within two weeks of the close of fact discovery, the parties must submit a joint letter to the Court stating whether all parties consent to a settlement conference to be held before this Court or the assigned Magistrate Judge.

Judge Paul Engelmayer

CRITICALCivil cases

Deadline
3 business days

If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.

If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.

Judge Paul Engelmayer

CRITICALCivil cases

Deadline
3 business days

Counsel must submit a list of affiants to cross-examine three business days after submitting affidavits.

Three 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.

Judge Paul Engelmayer

CRITICAL

Deadline
30 calendar days

Unless the Court orders otherwise, a pro se plaintiff must file a concise written Pretrial Statement within 30 days after discovery is completed.

Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se plaintiff shall file a concise, written Pretrial Statement.

Judge Paul Engelmayer

CRITICALCivil cases

Plaintiff has 21 days to amend pleading after motion to dismiss is filed.

If a motion to dismiss is filed, the plaintiff has a right to amend its pleading, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days.

Judge Paul Engelmayer

CRITICAL

Objections to telephone or video proceedings must be filed no later than one week before the scheduled conference.

Any objections to proceeding by telephone or video shall be filed with the Court no later than one week prior to the scheduled conference and shall include relevant legal authorities.

Judge Richard M. Berman

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

Represented parties must file the amended or supplemental pleading within seven days of the order granting a Fed. R. Civ. P. 15(a)(2) or (d) motion.

The granting of a motion under Rule 15(a)(2) or (d) does not constitute the filing of the amended or supplemental pleading. Unless the court orders otherwise, a represented moving party must file the new pleading within seven days of the order granting the motion.

Judge Ronnie Abrams

CRITICAL

If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

Judge Vincent L Briccetti

CRITICAL

within one week of the filing of any document described in section 3.B above

within one week of the filing of any document described in section 3.B above

Judge Vincent L Briccetti

CRITICAL

Applies to
Sentencing submission

The government’s sentencing submission shall be filed at least 7 days in advance of the date set for sentence.

The government’s sentencing submission shall be filed at least 7 days in advance of the date set for sentence.

Judge Vincent L Briccetti

CRITICAL

21 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the Joint Pretrial Order if no date has been fixed

21 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the Joint Pretrial Order if no date has been fixed

Judge Vincent L Briccetti

CRITICAL

Applies to
Sentencing submission

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed at least 14 days in advance of the date set for sentence.

Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed at least 14 days in advance of the date set for sentence.

Judge Vincent L Briccetti

CRITICAL

Deadline
3 business days

Counsel must submit list of affiants to cross-examine 3 business days after submitting direct testimony affidavits.

Three 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 trial.

Judge Vincent L Briccetti

CRITICAL

Upon the filing of a motion to dismiss, the Court will ordinarily issue an order requiring the non-moving party, within 10 days, to notify the Court whether it intends to file an amended pleading, or will rely on the pleading being attacked.

Upon the filing of a motion to dismiss, the Court will ordinarily issue an order requiring the non-moving party, within 10 days, to notify the Court whether it intends to file an amended pleading, or will rely on the pleading being attacked.

Judge Vincent L Briccetti

CRITICAL

Deadline
2 business days

Bankruptcy appeal brief deadlines may be extended by stipulation submitted 2 business days before brief due date.

Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.

Judge Vincent L Briccetti

CRITICAL

Deadline
3 business days
Applies to
Certificate of service

Certificate of service for signed Order to Show Cause must be filed at least 3 business days before the return date.

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).

Judge Vincent L Briccetti

CRITICALCivil cases

Deadline
7 calendar days

The completed form must be emailed no later than seven calendar days before the scheduled 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.

Magistrate Judge Barbara Moses

CRITICALCriminal cases

Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled sentencing.

Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled sentencing.

Magistrate Judge Jennifer E. Willis

CRITICAL

Deadline
3 business days

Failure to respond to a discovery letter motion within 3 business days results in waiver of any objections.

Failure to respond within 3 business days will result in a waiver of any objections.

Magistrate Judge Jennifer E. Willis

CRITICAL

Deadline
3 business days

Any responsive letter should be submitted within 3 business days after submission of the letter motion and should be no longer than 3 single-spaced pages.

Any responsive letter should be submitted within 3 business days after submission of the letter motion and should be no longer than 3 single-spaced pages.

Magistrate Judge Jennifer E. Willis

CRITICALCriminal cases

Deadline
24 hours

Pre-plea submissions must be emailed to WillisCriminalDuty@nysd.uscourts.gov at least 24 hours before the plea.

At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to WillisCriminalDuty@nysd.uscourts.gov.

Magistrate Judge Jennifer E. Willis

CRITICAL

In consent cases, the parties must submit a Joint Pretrial Order for the Court's approval within 30 days after completion of discovery, unless otherwise ordered.

Unless otherwise ordered by the Court, within 30 days from the date of completion of discovery in a civil case, the parties shall submit to the Court for its approval a Joint Pretrial Order.

Magistrate Judge Jennifer E. Willis

CRITICAL

In pro se cases, each party's Pretrial Statement is due within 30 days after the completion of discovery.

within 30 days after the completion of discovery each party shall file its own Pretrial Statement

Magistrate Judge Jennifer E. Willis

CRITICAL

The Proposed Case Management Plan and Report of Rule 26(f) Meeting must be filed on ECF one week before the scheduled Initial Case Management Conference.

One week before the scheduled conference, the parties shall file on ECF a Proposed Case Management Plan and Report of Rule 26(f) Meeting.

Magistrate Judge Jennifer E. Willis

CRITICALCivil cases

Parties must exchange privilege logs by a specified date if claiming privilege or work product protection.

To the extent that any party claims any privilege or work product protection, privilege logs will be exchanged by _____________________.

Magistrate Judge Sarah L. Cave

CRITICALCivil cases

Pleading amendments after the Rule 15(a) deadline are only permitted with a showing of good cause under Rule 16(b)(4).

Amendment of pleadings after this date will be permitted only on a showing of “good cause” under Fed. R. Civ. P. 16(b)(4).

Magistrate Judge Sarah L. Cave

CRITICALCivil cases

Requests for admission must be served no later than 30 days before the fact discovery deadline.

Requests for admission must be served on or before , and in any event no later than 30 days before the fact discovery deadline.

Magistrate Judge Sarah L. Cave

CRITICALCivil cases

Rule 26(e) supplementations must be made within a reasonable time after information discovery, and no later than the fact discovery deadline.

Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information, and in any event, no later than the fact discovery deadline.

Magistrate Judge Sarah L. Cave

CRITICALCivil cases

Subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

All subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

Magistrate Judge Sarah L. Cave

CRITICALCivil cases

Subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

All subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

Magistrate Judge Sarah L. Cave

CRITICALCivil cases

Initial interrogatories must be served on or before a specified date.

Initial sets of interrogatories shall be served on or before .

Magistrate Judge Sarah L. Cave

CRITICAL

Deadline
1 calendar days

In pro se cases, each party must submit a Case Report and Proposed Case Management Plan one week before the scheduled conference, following Section I procedures.

Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one week before the scheduled conference in conformance with the procedures in Section I above.

Magistrate Judge Valerie Figueredo

CRITICAL

In non-pro se cases, the parties must file the Rule 26(f) Conference Report and Proposed Case Management Plan on ECF one week before the Initial Case Management Conference.

One week before the Initial Case Management Conference, the parties must file on ECF a Report on Rule 26(f) Conference and Proposed Case Management Plan.

Magistrate Judge Valerie Figueredo

WARNING

Filing a motion for summary judgment does not extend the pretrial order deadline unless the Court orders otherwise, and such extensions are disfavored.

The filing of a motion for summary judgment does not excuse or extend the time for filing the pretrial order unless the Court otherwise directs. Such applications are disfavored and will almost never be granted.

Judge Colleen McMahon

WARNINGCivil cases

Plaintiffs must provide HIPAA-compliant medical records release authorizations to defendants within 10 days following the initial pretrial conference, absent exceptional circumstances.

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ______________________________. [Absent exceptional circumstances, a date not more than 10 days following the initial pretrial conference.]

Judge Gregory H. Woods

WARNINGCivil cases

Deadline
60 calendar days

If a motion remains undecided 60 days after it is fully briefed, the movant’s counsel must send the Court an alert letter.

If a motion is not decided within 60 days of the date that it was fully briefed, counsel for the movant shall send a letter to alert the Court.

Judge Jeannette A. Vargas

WARNINGCivil cases

Counsel should obtain the Clerk’s Certificate of Default well before any court-imposed deadline for the default-judgment motion.

(Counsel should therefore seek and obtain a Clerk’s Certificate of Default well in advance of any Court-imposed deadline to move for default judgment.)

Judge Jeannette A. Vargas

WARNINGCivil cases

Unless the Court orders otherwise for good cause, the parties must be ready for trial two weeks after filing the Joint Pretrial Order.

Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed.

Judge Jennifer H. Rearden

WARNINGCivil cases

Motions to exclude expert testimony must be made by the deadline for dispositive motions, not as a motion in limine.

Motions to exclude expert testimony must be made by the deadline for dispositive motions and should not be treated as a motion in limine.

Judge Jennifer L. Rochon

WARNINGCivil cases

The Joint Pretrial Order deadline will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions, unless otherwise ordered.

Unless otherwise ordered by the Court, the deadline for submission of the Joint Pretrial Order will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions.

Judge Katherine Polk Failla

WARNING

Deadline
48 hours

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.

Judge Kimba M. Wood

WARNING

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.

Judge Kimba M. Wood

WARNING

Deadline
6 calendar days

Motions, except those brought by Order to Show Cause, should have a return date six weeks after service.

All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service.

Judge Paul Engelmayer

WARNINGCivil cases

The paragraph’s deadlines are stayed while a properly filed summary-judgment motion is pending.

However, if any party files a motion for summary judgment in accordance with the Court’s Individual Rules, the deadlines in this paragraph are stayed pending resolution of that motion.

Judge Paul Engelmayer

WARNING

Deadline
3 business days

Responsive letters to letter motions should be submitted within 3 business days after the letter motion is submitted.

Any responsive letter should be submitted within 3 business days after submission of the letter motion.

Magistrate Judge Jennifer E. Willis

WARNING

Deadline
3 business days

A responsive letter should be submitted within three business days after the Letter-Motion is submitted.

Any responsive letter should be submitted within three (3) business days after submission of the Letter-Motion.

Magistrate Judge Valerie Figueredo

INFO

Date and hour calculations use FRCP 6 for civil matters and FRCP 45 for criminal matters.

All date and hour calculations are governed by Federal Rule of Civil Procedure 6, in civil matters, or Federal Rule of Criminal Procedure 45, in criminal matters.

Judge Colleen McMahon

INFOCivil cases

The Court sets the submission schedule for proposed voir dire questions, requests to charge, and verdict forms at the pretrial conference.

At the pretrial conference, the Court will set a schedule for submission of additional materials, including proposed voir dire questions, requests to charge, and verdict forms.

Judge Nelson S. Roman

INFOCivil cases

Privilege logs should be produced simultaneously with or within a week of each production tranche.

Date(s) for production of privilege logs (The Court's preference is that privilege logs be produced simultaneously or within a week of each production tranche):

Magistrate Judge Katharine H. Parker
Common questions about Southern District of New York filing timing and cure windows rules

What filing deadlines does Southern District of New York set?

Judge Arun Subramanian: Joint pretrial order must be submitted at least 14 days before final pretrial conference.

View ruleOfficial source Source: page 10, section 10. A. Joint Pretrial Order

Judge Colleen McMahon: Counsel are prohibited from setting a return date for motions.

View ruleOfficial source Source: page 16, section F. Time to Respond

Judge Gregory H. Woods: All fact discovery must be completed within a period not exceeding 120 days, unless the case presents unique complexities or exceptional circumstances.

View ruleOfficial source Source: page 2, section 7a

96 more rules answer this question.

What filing deadlines apply to opposition filings in Southern District of New York?

Judge Arun Subramanian: Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

View ruleOfficial source Source: page 13, section F. Filings in Opposition

1 more rule answers this question.

What filing deadlines apply to exhibit filings in Southern District of New York?

Judge Colleen McMahon: For civil evidentiary hearings, counsel must provide pre-marked exhibits to adversary and Court 5 days before, with specific formatting requirements.

View ruleOfficial source Source: page 22, section G. Evidentiary Hearings in Civil Matters

What filing deadlines apply to rico case statement filings in Southern District of New York?

Judge Colleen McMahon: Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

View ruleOfficial source Source: page 8, section IV. Special Rules for Specific Types of Cases E. RICO Cases (Civil)

What filing deadlines apply to proposed findings conclusions, trial memorandum, and witness statement filings in Southern District of New York?

Judge Colleen McMahon: Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: Proposed findings of fact and conclusions of law; Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; and Sworn statements constituting the direct testimony of each witness to be presented.

View ruleOfficial source Source: page 21, section F. Special Rules and Submissions for Bench Trials

What filing deadlines apply to witness statement filings in Southern District of New York?

Judge Colleen McMahon: In bench trials, witness statements (excluding hostile/uncontrolled witnesses) must be submitted and exchanged 10 days before final pretrial conference.

View ruleOfficial source Source: page 21, section F. Special Rules and Submissions for Bench Trials