Western District of New York Document Filing Requirements

CRITICALCivil cases

Applies to

Chapter 13 plan

Section 3.1 must direct post-petition mortgage payments to be made directly by the Debtor unless the Trustee agrees otherwise.

Section 3.1 − WDNY is not a "conduit mortgage" district. Consequently, the inclusion of post−petition mortgage payments to be paid by or through the Trustee generally is prohibited. This section must provide that all post−petition mortgage payments are to be made by the Debtor directly to the mortgagee or its servicer, unless the Trustee agrees otherwise.

CRITICALCivil cases

Applies to

Chapter 13 plan

Section 7.1 must provide that estate property vests in the Debtor upon plan confirmation.

This section must be completed so that it provides that Property of the Estate will vest in the Debtor upon plan confirmation.

CRITICALCivil cases

Applies to

Chapter 13 plan

A Chapter 13 Plan must use Official Form 113; if it did not, an amended Plan using Form 113 must be filed.

The Plan must be on "Official Form 113" − a non−conforming Plan will not be considered for confirmation. If you have not already used that Form, you must file an "Amended Plan" using Form 113.

CRITICALCivil cases

Applies to

Chapter 13 plan

The Plan must be a fixed percentage plan rather than a fixed payment plan unless the Trustee recommends otherwise.

Section 5.1 − The plan must be a fixed percentage plan, not a fixed payment plan, unless the Trustee recommends otherwise.

CRITICALCivil cases

Applies to

Chapter 13 plan

A Plan will not be confirmed if the second box in Section 2.31 is checked.

Section 2.31 − The Plan will not be confirmed if the second box in this section is checked.

CRITICALCivil cases

Applies to

Citizenship disclosure statement

Diversity jurisdiction cases require citizenship disclosure statements within FRCP 7.1(b) timeframe.

It is further ORDERED that in an action in which the Court’s subject matter jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332(a), a party or intervenor must file a disclosure statement that names and identifies the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statement shall be filed within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

CRITICALCivil cases

Applies to

Corporate disclosure statement

Business organizations must disclose members/shareholders/partners/leaders for recusal purposes within FRCP 7.1(b) timeframe.

It is therefore hereby ORDERED that in all cases, business organization parties (including corporations, LLCs, and partnerships) must identify any members, shareholders, partners, or individuals in leadership positions whose identities may reasonably bear on the Court’s decision whether to recuse, on motion or sua sponte. Such identification must be made within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

CRITICALCivil cases

Applies to

Corporate disclosure statement

Business organization parties must disclose members, shareholders, partners, or leaders relevant to recusal within the FRCP 7.1(b) disclosure deadline.

It is therefore hereby ORDERED that in all cases, business organization parties (including corporations, LLCs, and partnerships) must identify any members, shareholders, partners, or individuals in leadership positions whose identities may reasonably bear on the Court’s decision whether to recuse, on motion or sua sponte. Such identification must be made within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

CRITICALCivil cases

Applies to

Disclosure statement

In diversity-jurisdiction actions, parties or intervenors must file a disclosure statement identifying all attributed citizenships within the FRCP 7.1(b) deadline.

It is further ORDERED that in an action in which the Court’s subject matter jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332(a), a party or intervenor must file a disclosure statement that names and identifies the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statement shall be filed within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

CRITICALCivil cases

Examining counsel must not interrupt witness answering questions.

(12) Examining counsel shall at no time interrupt a witness while he or she is attempting to answer a question. Counsel shall await the witness' complete response to a question before advancing any follow-up questions or moving on to a new subject.

CRITICALCivil cases

Applies to

Deposition

No unnecessary recitation or lengthy quotations from discovery materials.

(13) Examining counsel shall refrain from unnecessary on-the-record recitation or lengthy quotations from discovery materials or documents except as is necessary to put specific questions to the witness related to such material or documents.

CRITICALCivil cases

Applies to

Deposition

Deposing counsel must provide document copies to witness counsel before or during deposition.

(8) Deposing counsel shall provide to the witness' counsel a copy of all documents shown to the witness during the deposition. The copies shall be provided either before the deposition begins or contemporaneously with the showing of each document to the witness. The witness and the witness' counsel do not have the right to discuss documents privately before the witness answers questions about them.

CRITICALCivil cases

Applies to

Deposition

Counsel cannot instruct witness not to answer except for privilege or court limitations.

(3) Counsel shall not direct or request that a witness not answer a question, unless that counsel has objected to the question on the ground that the answer is protected by a privilege or a limitation on evidence directed by the court.

CRITICALCivil cases

Applies to

Deposition

No argument with opposing counsel; objections noted and witness answers.

(10) Examining counsel shall not engage in any argument with opposing counsel as to these issues, rather his objection shall be taken on the record and appropriate relief from this court may be sought upon completion of the examination. Similarly, counsel for a witness shall not engage in any argument with examining counsel as to the objectionability of any question. Rather, he may note his objection and permit the witness to answer the question, subject to the objection.

CRITICALCivil cases

Applies to

Deposition

Objections must be brief and cannot suggest answers to witness.

(4) Counsel shall not make objections or statements which might suggest an answer to a witness. Counsels' statements when making objections should be succinct and verbally economical, stating the basis of the objection and nothing more.

CRITICALCivil cases

Applies to

Deposition

Private conferences are subject to inquiry for witness-coaching.

(6) Any conferences which occur pursuant to, or in violation of, guideline (5) are a proper subject for inquiry by deposing counsel to ascertain whether there has been any witness-coaching and, if so, what.

CRITICALCivil cases

Applies to

Deposition

Private off-the-record conferences prohibited except for privilege decisions.

(5) Counsel and their witness/clients shall not initiate or engage in private off-the-record conferences during depositions or during breaks or recesses, except for the purpose of deciding whether to assert a privilege.

CRITICALCivil cases

Applies to

Deposition

Deposing counsel must instruct witness to ask them for clarifications during deposition.

(1) At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness's own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the course of the deposition. The witness shall abide by these instructions.

CRITICALCivil cases

Applies to

Deposition

Witness/counsel must advise if unclear and permit rephrasing; no argument about questions.

(11) If a witness or his or her counsel is unclear as to any question, he or she shall so advise counsel and permit the examining counsel an opportunity to rephrase or withdraw the witness' question. Neither witness nor counsel shall make any comment or engage deposing counsel in an argument (other than grounds therefore) about the nature of the question or the witness' request for clarification.

CRITICALCivil cases

Applies to

Deposition

One question at a time; witness must fully answer before next question.

(9) There shall be only one question at a time put to a witness. Counsel shall permit the witness to fully answer before propounding subsequent or follow-up questions. If the witness indicates he or she does not understand the question, counsel shall simply rephrase the question. There is to be no characterization or comment by examining counsel as to any answer given by a witness. Should the answer reasonably appear to counsel to be unresponsive, counsel may so advise the witness and his or her counsel and have the question repeated by the stenographer

CRITICALCivil cases

Private conferences must be noted on record with purpose and outcome.

(7) Any conferences which occur pursuant to, or in violation of, guideline (5) shall be noted on the record by the counsel who participated in the conference. The purpose and outcome of the conference shall also be noted on the record.

CRITICALCivil cases

Applies to

Deposition

(2) All objections, except those which would be waived if not made at the deposition under Fed.R.Civ.P. 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Fed.R.Civ.P. 30(d), shall be preserved. Therefore, those objections need not and shall not be made during the course of deposition.

(2) All objections, except those which would be waived if not made at the deposition under Fed.R.Civ.P. 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Fed.R.Civ.P. 30(d), shall be preserved. Therefore, those objections need not and shall not be made during the course of deposition.

WARNINGCivil cases

Applies to

Chapter 13 plan

If a Chapter 13 Plan conflicts with the Confirmation Order, the Confirmation Order controls.

To the extent that the contents of a Chapter 13 Plan contradict the "Chapter 13 Plan Confirmation Order," the provisions of the "Chapter 13 Plan Confirmation Order" supersede the terms of the Chapter 13 Plan.

WARNINGCivil cases

Applies to

Deposition

Non-compliance may result in sanctions including civil contempt and attorney fees.

FAILURE TO COMPLY WITH ANY THE FOREGOING MAY RESULT IN SANCTIONS PURSUANT TO FED.R.CIV.P. 37(b)(2), INCLUDING CIVIL CONTEMPT, AND ATTORNEYS FEES INCURRED BECAUSE OF A PARTY’S OR AN ATTORNEY’S NON- COMPLIANCE. SEE FED.R.CIV.P. 16(f).

INFOCivil cases

Applies to

Chapter 13 plan

The Plan may state “TBD” or “Unknown” for amounts that are unknown in Sections 3.3 and 4.2.

Sections 3.3 and 4.2 − It is appropriate to use "TBD," or "Unknown" if the amounts are unknown.