Judge Jessica G. L. Clarke — United States District Court, Southern District of New York

Civil Case Management Plan and Scheduling Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -cv- (JGLC) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER JESSICA G. L. CLARKE, United States District Judge: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3).

1. All parties [consent ____/ do not consent ___] to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without any adverse substantive consequences. [If all parties consent, the remaining paragraphs need not be completed at this time. Instead, within three days of submitting this 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://www.uscourts.gov/sites/default/files/ao085.pdf.]
2. The parties [have ____/ have not ___] conferred pursuant to Fed. R. Civ. P. 26(f).
3. Settlement discussions [have ____/ have not ___] taken place. a. Counsel for the parties have discussed an informal exchange of information in aid of early settlement and have agreed to exchange the following information within ____________ days/weeks: ___________________________________________

b. Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case (check all that apply): ☐Immediate referral to the District’s Mediation Program ☐Immediate referral to a Magistrate Judge ☐Referral to the District’s Mediation Program after the close of [ fact / expert / all ] discovery Plaintiff(s), -against- Defendant(s).

☐ Referral to a Magistrate Judge for a settlement conference after the close of [ fact / expert / all ] discovery
☐ Retention of a private mediator
☐ Other: ___________________________________________________ c. The use of any alternative dispute resolution mechanism does not stay or modify any date in this order. d. All counsel must meet in person for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery.
4. [If an 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 [has ____/ has not ___] filed a letter explaining the basis for the party’s belief that diversity of citizenship exists. If the party has not yet filed this letter, the party will do so at least three days before the Initial Pretrial Conference. 5. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than ___________________. [Absent exceptional circumstances, a date not more than 14 days following the Initial Pretrial Conference.] 6. Unless a party amends a pleading as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1), amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion for leave to amend or join additional parties shall be filed no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the date of this Order. Any motion to amend or to join additional parties filed after the deadline in this paragraph 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.] 7. [If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than __________________. 8. Fact Discovery a. All fact discovery shall be completed no later than ___________________. [A period not to exceed 120 days from the date of this Order, unless approved by the Court due to exceptional circumstances.] b. Initial requests for production of documents pursuant to Fed. R. Civ. P. 34 shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]

c. Interrogatories pursuant to Fed. R. Civ. P. 33 shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.] d. Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.] e. Depositions pursuant to Fed. R. Civ. P. 30 and 31 shall be completed by the date set forth in paragraph 8(a). f. Any of the deadlines in paragraphs 8(b)–(e) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 8(a). 9. [If applicable] Expert Discovery a. Anticipated types of experts: __________________________________________

b. All expert discovery, including expert reports and depositions, shall be completed no later than _____________________. [Absent exceptional circumstances, a date no later than 45 days from the end of fact discovery deadline set forth in paragraph 8(a).] c. Plaintiff’s expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) shall be made no later than __________________________. d. Defendant’s expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) shall be made no later than __________________________. e. The interim deadlines in paragraphs 9(c)–(d) may be extended by the written consent of all parties without application to the Court, provided that expert discovery is completed by the date set forth in paragraph 9(b). 10. Any proposed order or stipulation regarding electronically stored information shall be filed within 30 days of the date of this Order. 11. Privileged Materials and Trial-Preparation Materials a. [If and as applicable] The parties shall comply with Fed. R. Civ. P. 26(b)(5)(A) and Local Civil Rule 26.2 no later than ______________________ using the following method or methods: :

[In general, parties are encouraged to exchange privilege logs or other means of identifying withheld materials concurrently with, or as promptly as practicable following, each production. In accordance with Local Civil Rule 26.2(c), parties are also encouraged to identify and use efficient methods for the exchange of such information, including, as appropriate, the use of document-by-document, categorical, or metadata privilege logs.] b. The parties [have ______ / have not ______] reached an agreement under Fed. R. Evid. 502. [If the parties have reached such an agreement, they may file an agreed-upon proposed order under Fed. R. Evid. 502(d).] c. The parties [do ______ / do not ______] believe that a protective order under Fed. R. Civ. P. 26(c) is warranted. [If the parties believe that a protective order is warranted, they should file an agreed-upon proposed order. Any such order may bind the parties to treat as confidential documents so classified but may not authorize the parties to file documents under seal absent an appropriate court finding. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court’s Individual Rules and Practices and subject to the presumption in favor of public access to “judicial documents.” See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006).] 12. Any discovery disputes shall be addressed according to Section 4(k) of the Court’s Individual Rules and Practices in Civil Cases. 13. By _____________ [one week after the close of fact discovery], the parties shall submit a post- discovery joint status letter, as outlined in Section 3(d) of the Court’s Individual Rules and Practices in Civil Cases. 14. [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 3(e) of the Court’s Individual Rules and Practices in Civil Cases. 15. 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 Trial Rules and Procedures and Fed. R. Civ. P. 26(a)(3). 16. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order, even if trial is tentatively scheduled for a later date. 17. The case [is ___/ is not ___] to be tried to a jury.

18. Counsel for the parties have conferred and their best estimate of the length of trial is _____________.
19. The parties believe the initial pretrial conference [is ___/ is not ___] necessary.
20. Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Fed. R. Civ. P. 26(f)(3), are set forth below:

21. Counsel for the Parties:

22. The next case management conference is scheduled for ___________________ at _______________ in Courtroom 320 of the Charles L. Brieant, Jr. Federal Building and United States Courthouse, 300 Quarropas Street, White Plains, New York 10601-4150. [To be completed by the Court.]

23. This Order may not be modified or the dates herein extended, except as provided in paragraphs 8(f) and 9(e) or by further Order of the Court for good cause shown. Any application to modify or extend the dates herein, except as provided in paragraphs 8(f) and 9(e), shall be made in a written application in accordance with the Court’s Individual Rules and Practices and shall be made no fewer than two business days prior to the expiration of the date sought to be extended. Dated: White Plains, New York SO ORDERED.

JESSICA G. L. CLARKE United States District Judge

Individual Rules and Practices in Civil Cases

JANUARY 2026

INDIVIDUAL RULES AND PRACTICES IN CIVIL CASES Jessica G. L. Clarke, United States District Judge

Chambers United States District Court Southern District of New York Charles L. Brieant Jr. Courthouse 300 Quarropas Street White Plains, NY 10601
ClarkeNYSDChambers@nysd.uscourts.gov Courtroom 300 Quarropas Street, Courtroom 320

Courtroom Deputy Sophia Tran (212) 805-0246

Unless otherwise ordered by the Court, these Individual Rules apply to all civil matters before Judge Clarke.

1. Guidelines for All Submissions

a. Electronic Case Filing (“ECF”). 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.

b. Text-Searchable Submissions. All written submissions and supporting materials must be text-searchable to the extent practicable.

c. Submission of Large Electronic Files. The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at ClarkeNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically. The Government may use USAfx.

d. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

e. Amended or Corrected Filings. Any amended or corrected filing, including
amendments as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1), shall be filed with a redline showing all differences between the original and revised filing. Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.

f. Artificial Intelligence. Any attorney using Generative Artificial Intelligence (“GAI”) in connection with the filing of a pleading, motion, or paper in this Court or the serving/delivering of a request, response, or objection to discovery must

comply with Rule 11(b) and Rule 26(g) of the Federal Rules of Civil Procedure, and any other relevant rule, including all applicable ethical rules.

2. Communications with Chambers

a. Letters and Letter-Motions. Except as otherwise provided below, communications with Chambers shall be by letter filed on ECF. Letters seeking relief (if consistent with Local Civil Rule 7.1) should be filed as letter-motions on ECF, not ordinary letters. Any opposition shall be filed on ECF within three business days of the filing party’s letter-motion. This provision does not alter the joint letter requirement for discovery disputes set forth in Individual Rule 4(k).

Letters may not exceed 1,050 words in length (exclusive of exhibits or attachments) without prior permission from the Court.

For any emails to Chambers permitted under these Rules, counsel should include in the subject line: (1) the case caption, (2) docket number and (3) a brief description of the party’s request. Parties shall not include substantive communications in the body of the email, only in the attached letter.

Copies of correspondence between counsel shall not be sent to the Court or filed on ECF except as exhibits to an otherwise properly filed document.

b. Telephone Calls. Telephone calls to Chambers should be reserved for urgent matters. In such situations, call the Clerk’s Office at (212) 805-0136. You may request to be transferred to Chambers from there.

c. Faxes. Faxes to Chambers are not permitted without express prior permission, and only in cases of unforeseeable emergencies.

d. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Charles L. Brieant Jr. Courthouse, 300 Quarropas Street, White Plains, New York, NY 10601. If the hand-delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.

e. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Section 2(a) of these Rules, not as ordinary letters. The letter-motion must state: (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties’ next scheduled appearance before the Court.

If the parties are requesting an adjournment of a conference, they must also provide three mutually agreeable alternative conference dates. If the requested adjournment or extension affects any other scheduled dates, a proposed Amended Civil Case Management Plan and Scheduling Order must be attached.

Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least 48 hours prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.

f. Related Cases. After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related.

3. Conferences

a. In Person Conferences. Conferences may be held remotely or in person. Unless ordered otherwise, in person conferences will be held in Courtroom 320 of the Charles L. Brieant Jr. Courthouse, 300 Quarropas Street, White Plains, NY. This general rule also applies to cases designated to the Manhattan courthouse (cases with case numbers that start with “1:”).

b. Remote Conferences. Absent permission of the Court, no more than one attorney shall speak on behalf of either party except as otherwise provided by Individual Rule 3(f).

c. Initial Pretrial Conference. The Notice of Initial Pretrial Conference, scheduling a Federal Rule of Civil Procedure 16 conference, will be filed on ECF. The Notice will direct the parties to file on ECF, approximately one week prior to the conference, a joint letter as well as a joint proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter. The parties shall use the form Proposed Case Management Plan and Scheduling Order available at the Court’s website.

i. Diversity Jurisdiction Cases. 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 a letter to the Court on ECF no longer than 700 words explaining the basis for that party’s belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company or trust, the letter shall identify and state the citizenship of each of the entity’s members, shareholders, partners and/or trustees.

d. Post-Fact Discovery Joint Status Letter. No later than one week after the close of fact discovery, counsel for all parties must meet for at least one hour to discuss settlement and file a joint letter updating the Court on the status of the case, including but not limited to, confirming that the one-hour settlement discussion occurred and stating whether all parties consent to mediation or a settlement conference to be held before the designated Magistrate Judge. The letter should not identify, explicitly or implicitly, any party that has declined to consent.

In a case without expert discovery, the letter shall also set forth a proposed briefing schedule for any dispositive motions.

e. Post-Expert Discovery Joint Status Letter. No later than one week after the close of expert discovery, counsel for all parties must file a joint letter setting forth a proposed briefing schedule for any dispositive motions and motions to exclude testimony of experts pursuant to Federal Rules of Evidence 702–705 and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases.

f. Participation by Junior or Less Experienced Attorneys. The Court encourages the participation of junior attorneys and attorneys seeking additional experience in federal court, particularly where the attorneys played a substantial role in drafting the underlying filing or in preparing the relevant witness. To facilitate this provision, the Court is amenable to permitting more than one attorney to argue or present for one party.

g. Authority Consistent with Proceeding. All attorneys appearing before the Court must have authority to bind the party they represent consistent with the proceedings (for example, by agreeing to a discovery resolution or briefing schedule).

h. Pronouns and Honorifics. The parties and counsel are encouraged to advise the Court if they would like to be addressed with a particular pronoun and/or honorific – such as Ms., Mx. or Mr. – so that the Court may address them respectfully. People appearing before this Court may do so when appearing for conferences, hearings or trials by speaking to the courtroom deputy. All parties and counsel shall address each other in all written documents and court proceedings by pronouns and/or honorifics previously identified.

4. Motions

a. Pre-Motion Letters and Conferences in Civil Cases. Pre-motion letters and conferences are not required, except for disputes concerning discovery, which are governed by Section 4(k) of these Rules.

b. Memoranda of Law. Motion papers must conform to Local Civil Rule 11.1. Memoranda of law in support of and in opposition to motions are limited to 8,750

words and reply memoranda are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and table of authorities, neither of which shall count against the word limit. Surreply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause). This provision does not alter the word count limits for motions for reconsideration set forth in Local Civil Rule 6.3.

c. Unpublished Cases. The parties need not provide copies of unpublished cases if the case is available on Westlaw or LexisNexis.

d. Oral Arguments on Motions. The Court rarely holds oral argument. But a party may request oral argument on a motion by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law. If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a letter explaining the reason – not a letter-motion – on ECF. The Court will determine whether argument will be heard and, if so, advise counsel of the argument date.

e. Motion to Dismiss and Amended Complaints. If a motion to dismiss is filed, the non-moving party shall, within 10 days of receipt of the motion, notify the Court and its adversary by a letter filed on ECF whether (1) it intends to file an amended pleading and when it will do so; or (2) it will rely on the pleading being attacked. Non-moving parties are on notice that declining to amend their pleadings to respond to a fully briefed argument in the motion to dismiss may well constitute a waiver of their right to use the amendment process to cure any defects that have been made apparent by the briefing. This provision does not alter the time to file a response in the Federal Rules or the Local Civil Rules.

If the non-moving party amends, the opposing party must, within 21 days of such amendment: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter stating that it relies on the initially filed motion to dismiss. If the moving party files an answer or a new motion to dismiss, the Court will deny the original motion to dismiss as moot.

This provision does not alter the requirement to seek leave of the Court to file amended pleadings not as of right pursuant to Federal Rule of Civil Procedure 15.

f. Summary Judgment Procedures

i. Discouraged in Non-Jury Cases. Summary judgment motions are discouraged in non-jury cases.

ii. Rule 56.1 Statements. Any party represented by counsel that moves for summary judgment shall provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1 (“Rule 56.1 Statement”).

Opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it. If the opposing party wishes to file their own, additional statements of material fact, it shall begin numbering each entry where the moving party left off.

To streamline the summary judgment briefing process, the Court requires the parties to also negotiate and submit, prior to or along with the movant’s Rule 56.1 Statement, a joint Rule 56.1 Statement setting out all facts on which the parties agree.

Each factual assertion in Rule 56.1 Statements must be followed by a citation to the portion(s) of the evidentiary record relied upon. Each memorandum of law must include a statement of facts and may not simply incorporate by reference the entirety of a party’s Rule 56.1 Statement.

iii. Deposition Transcripts. Deposition transcripts that are supplied in connection with a summary judgment motion, whether in whole or in part, should be text-searchable and include an index.

g. Motions to Exclude Testimony of Experts. Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Federal Rules of Evidence 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.

h. Default Judgment. 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(a)(2). A party seeking a default judgment should not proceed by order to show cause. The motion must be supported by the following papers:

1. A Certificate from the Clerk of Court stating that no answer has been filed (if failure to answer is the basis for the default);

2. a memorandum of law setting forth the basis and legal authority for:

a. why each element of the causes of action has been satisfied and why default judgment should be entered;

b. why service was proper;

c. why an inquest into damages would be unnecessary;

d. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; and

e. the proposed damages and the basis for each element of damages, including interest, attorney’s fees and costs.

3. an affidavit or declaration setting forth:

a. the items specified in Local Civil Rule 55.2(a)(1);

b. a description of the method and date of service of the summons and complaint; and

c. the procedural history beyond service of the summons and complaint, if any.

4. a proposed default judgment.

The plaintiff must serve the motion for default judgment and supporting paperwork on the party against whom the default judgment is sought and file an affidavit of service on ECF within 14 days of filing the motion for default judgment. If more than 14 days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed.

i. Applications for a Temporary Restraining Order. A party must confer with their adversary before making an application for a temporary restraining order unless the requirements of Federal Rule of Civil Procedure 65(b) are met. As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (under seal if proceeding ex parte) and state clearly whether: (1) it has notified its adversary and whether the adversary consents to temporary injunctive relief; or (2) the requirements of Federal Rule of Civil Procedure 65(b) are satisfied and no notice is necessary.

The moving party must email ClarkeNYSDChambers@nysd.uscourts.gov giving notice of the filing and the time frame requested for Court action. 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. Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via ECF. If the matter is time sensitive and Chambers does not respond within two hours, the movant may call the Clerk’s Office before the end of the business day at (212) 805-0136. You may request to be transferred to Chambers from there.

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.

j. Proposed Orders and Stipulations. 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. Counsel should also email an electronic courtesy copy of any proposed order to Chambers, in both Microsoft Word and PDF formats.

k. Discovery Disputes. Parties must follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person, virtually or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, counsel shall promptly file on ECF a single letter-motion, jointly composed, no longer than 1,750 words, explaining the nature of the dispute and, if applicable, requesting an informal conference. Separate and successive letters will not be read. The letter must state (1) the position the parties started with at the beginning of the meet and confer; (2) each party’s final proposed compromise; and (3) why the opposing side finds the compromise position insufficient. Any letter-motion that fails to include this information will be denied.

Strict adherence to Federal Rule of Civil Procedure 37(a)(1), the “meet and confer” rule, is required, and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion. The joint letter shall set forth, with specificity, the requested discovery that each dispute involves and the respective position of each party, citing the applicable authority that the respective parties claim for support. If an opposing party refuses to participate in writing a joint letter or does not provide its portion of a joint letter within 72 hours of a party’s request, a party may submit a letter without the opposing party’s contribution and shall attach a copy of the correspondence seeking the opposing party’s contribution.

The Court will seek to resolve discovery disputes quickly, by order (based on the letter alone) or in a conference. Counsel should seek relief in accordance with these procedures in a timely fashion; if a party waits until near the close of discovery to raise an issue that could have been raised earlier, the party is unlikely to be granted the relief that it seeks or more time for discovery.

5. Redactions and Filing Under Seal.

a. Privacy Policy. The parties are referred to Federal Rule of Civil Procedure 5.2 and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”). The parties should not include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers and home addresses [use only the City and State]).

b. Redactions Not Requiring Court Approval. Without Court approval, parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information and information regarding an individual’s cooperation with the government), as described in the Privacy Policy.

c. Redactions and Sealed Filings Requiring Court Approval. Except for redactions permitted by the eleven categories of information identified in the Privacy Policy, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must otherwise be consistent with the presumption in favor of public access to judicial documents.

d. Procedure for Filing Documents with Redactions. Any party seeking to file a document with partial redactions must follow the following three steps:

i. Meet and Confer. The party seeking leave to file redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request. When a party seeks leave to file a document 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 on ECF, within three business days of the filing party’s letter-motion seeking leave to file in redacted form, a letter explaining the need to redact the document.

ii. Filing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view and should not include confidential information. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Section 5(c) above.

iii. ECF Filing of Redacted Document(s). At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

e. Procedure for Filing Sealed Documents. Any party seeking to file a document under seal must follow the following three steps:

i. Meet and Confer. The party seeking leave to file sealed materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request. When a party seeks leave to file a document under seal 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 on ECF, within three business days of the filing party’s letter-motion seeking leave to file under seal, a letter explaining the need to seal the document.

ii. Filing a Letter-Motion Seeking Leave to File Under Seal. 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. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal and should not include confidential information.

iii. ECF Filing of Sealed Document(s). The proposed sealed document(s) 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). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

f. Submission by Email. 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. Such letter-motions may be emailed to ClarkeNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel. In the subject line, the cover email should state clearly: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the nature of the request. Parties shall not include substantive communications in the body of the email. The letter-motion must explain why sealing or redaction is justified in light of the standards discussed in Section 5(c) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor.

Unless otherwise ordered by the Court, letter-motions seeking leave to file in a different manner shall not exceed 1,050 words. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.

If the Court grants leave to submit by email, the party should email to ClarkeNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Rules 5(e)(iii)-(iv), should the party also be seeking leave to file that letter-motion with redactions or under seal.

g. Opposition to Requests to Seal or Redact. Any opposition shall be filed on ECF within three business days of the filing party’s letter-motion seeking leave to file under seal or with redactions.

6. Other Pretrial Guidance

a. Settlement Agreements. As soon as the parties reach an agreement to settle, the parties must alert the Court by promptly filing a joint letter. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties request that the Court retain jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the public record. The parties may request that the Court endorse the settlement agreement or include the terms of their settlement agreement in their stipulation of settlement and dismissal.

b. Policy on Use of Electronic Devices. Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ClarkeNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing. Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel. The order must be presented upon bringing the electronic device(s) into the Courthouse. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.

Individual Rules and Practices in Civil Pro Se Cases

JANUARY 2026 INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES Jessica G. L. Clarke, United States District Judge

Pro Se Office United States District Court Southern District of New York
Charles L. Brieant Jr. Courthouse 300 Quarropas Street White Plains, NY 10601-4150
(212) 805-0175

Unless otherwise ordered by the Court, these Individual Rules apply to all civil cases involving pro se litigants (that is, litigants without counsel) before Judge Clarke. These Individual Rules supplement, but do not replace, the Court’s Individual Rules and Practices in Civil Cases (“Individual Civil Rules”). For any case involving a pro se litigant where a rule in this document conflicts with the Court’s Individual Civil Rules, litigants should follow the applicable rule in this document.

1. Communications with Chambers

a. Telephone Calls by a Pro Se Party. Pro se parties may not call the Court directly. Instead, pro se parties should call the Pro Se Office at (212) 805-0175 with any questions.

b. Written Communications by a Pro Se Party. All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or (as discussed in Section 2(b) below) emailed to the Pro Se Office (address listed above). No documents or court filings may be sent directly to Chambers. Unless the Court orders otherwise, all communications with the Court will be filed on the public docket.

c. Contact Information. Pro se parties are required to maintain their current mailing address on the docket at all times and must notify the Court of any change of address by filing a change of address form with the Pro Se Intake Unit.

d. Communications by Parties Represented by Counsel. Except as otherwise provided below, communications with the Court by a represented party shall be governed by Judge Clarke’s Individual Civil Rules, available at https://www.nysd.uscourts.gov/hon-jessica-g-l-clarke.

e. Requests for Rescheduling a Conference or Extensions of Time. All requests to reschedule a conference or extend a deadline must be made in writing and must state: (1) the original date(s) of the conference or deadline; (2) the reasons for the requested extension; (3) whether the other party or parties consent and, if not, the reasons given for refusing to consent; and (4) the date of the next

scheduled appearance before the Court as well as any other existing deadlines. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that assigned Magistrate Judge.

Absent an emergency, any request for an extension or to reschedule a conference shall be made at least 72 hours prior to the deadline or scheduled appearance.

2. Filing of Papers and Service

a. Consent to Receive Electronic Service. To ensure timely service of documents, including Court Orders, non-incarcerated pro se parties are encouraged to consent to receive electronic service through the ECF System. To do so, a pro se party should review the instructions available at https://www.nysd.uscourts.gov/sites/ default/files/2021-03/Consent_Pro-Se_Eservice-Instructions.pdf, and then submit a Consent to Electronic Service (available at https://www.nysd.uscourts.gov/sites/ default/files/2021-03/Consent_Pro-Se_Eservice-form.pdf). Submission of the consent form is required to receive electronic service.

b. Papers Filed by a Pro Se Party. A pro se party may file papers with the Court by: i. delivering them in person to the Pro Se Office (address listed above); ii. mailing them to the Pro Se Office; iii. emailing them as an attachment in PDF format to Pro_Se_Filing@nysd.uscourts.gov, in which case the pro se party should follow the instructions contained in the April 1, 2020 Addendum to the Court’s ECF Rules & Instructions, available at https://www.nysd.uscourts.gov/electronic-case-filing; or iv. filing them on the ECF System if the pro se party has filed a motion to participate in ECF (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) and been granted such permission by the Court.

c. Service on a Pro Se Party. Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served will not be considered.

3. Discovery

a. Requests for Discovery. All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought. Discovery

requests should not be sent to the Court.

b. Discovery Disputes. If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than 1,050 words, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must file a responsive letter within five business days, not to exceed 1,050 words.

4. Motions

a. Filing and Service. Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

b. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

c. Copies of Briefs and Authority. Parties filing any dispositive motions must provide incarcerated pro se parties with a copy of their supporting brief and copies of any caselaw or authority cited therein. The movant must also provide copies of the same upon request by non-incarcerated pro se parties.

d. Generative AI: Non-attorney pro se litigants are not prohibited from using generative artificial intelligence (“GAI”) in filings or documents related to their cases. However, non-attorney pro se litigants are warned that GAI can generate legal citations that do not exist and other false information. Non-attorney pro se litigants are required, to the extent possible, to cross-check any information, including case citations, produced by GAI.

e. Special Rules for Summary Judgment Motions.

i. Rule 56.1 Statements. In cases with an incarcerated pro se party, a represented moving party shall mail their Rule 56.1 Statement, modified only to include extra spacing between each numbered paragraph, to the mailing address on the docket.

In general, opposing parties must individually admit, deny, or otherwise respond to each entry in the moving party’s Rule 56.1 Statement and set out their response directly beneath each numbered paragraph. They may set out any additional facts alleged as numbered paragraphs below, beginning numbering where the moving party left off. Each statement

must be accompanied by a citation to the evidentiary record. Any statements not denied and opposed will be deemed facts that both parties agree upon by the Court.

The Court does not require a Joint Rule 56.1 Statement for cases involving a pro se party.

ii. Deposition Transcripts. Deposition transcripts that are supplied in connection with a summary judgment motion should be text-searchable if possible and include an index if it is available. Deposition transcripts must be supplied in whole and may not be excerpted. Parties should still cite to particular pages when relying on a deposition transcript for support.

f. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.

5. Conferences

a. Notice and Scheduling. Notices scheduling a court conference will be docketed on ECF and mailed to the pro se party or parties. Conferences may be held remotely or in person. Unless ordered otherwise, in-person conferences will be held in Courtroom 320 of the Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas Street, White Plains, New York 10601-4150.

b. Incarcerated Parties. An incarcerated party may not be able to attend scheduled conferences but may be able to participate by telephone. If an incarcerated party is unable to participate by telephone, a family member or a representative may attend the conference. In such instances, the incarcerated party may write to the Court in advance of the conference regarding any issue the pro se party wishes to have addressed at the conference. If a representative is designated, he or she should contact the Clerk’s Office at (212) 805-0136 to determine the location of the conference. The Court will also have a transcript of the conference sent to the incarcerated party. If an incarcerated party does not have counsel and a representative cannot attend a conference, the pro se party should write to the Judge regarding any issue the pro se party wishes to have addressed at the conference.

6. Trial Documents

a. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following: (1) a statement of the facts the

plaintiff hopes to prove at trial; (2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff. If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office. Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.

b. Other Pretrial Filings. If the case is to be tried before only a Judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement. If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement. At the time of filing, a represented party should e-mail these documents to the Court (ClarkeNYSDChambers@nysd.uscourts.gov), in both .pdf and Microsoft Word formats. The pro se party may file such documents, but is not required to do so and need not submit them by e-mail.

7. Resources for Pro Se Parties

a. Court Website. Pro se parties are directed to the Court’s website (https://www.nysd.uscourts.gov/prose/role-of-the-prose-intake-unit/contact) for other important information concerning proceeding pro se in this Court.

b. Pro Se Legal Assistance. There is a Federal Pro Se Legal Assistance Project in this District to assist non-incarcerated people who are parties in civil cases and do not have lawyers. The Clinic may be able to provide a non-incarcerated pro se litigant with advice in connection with his or her case. The Federal Pro Se Legal Assistance Project is run by a private organization called the City Bar Justice Center (“CBJC”); it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). An unrepresented party can make an appointment with CBJC (https://www.citybarjusticecenter.org/projects/federal-pro-se-legal-assistance-project/) by completing an intake form online or via smartphone and selecting “federal court case”; by visiting the kiosk at the Courthouse; or by calling (212) 382-4794 and leaving a message.

Individual Rules and Practices in Criminal Cases

JANUARY 2026 INDIVIDUAL RULES AND PRACTICES IN CRIMINAL CASES Jessica G. L. Clarke, United States District Judge Chambers United States District Court Southern District of New York 300 Quarropas Street, Room 330 White Plains, NY 10601 ClarkeNYSDChambers@nysd.uscourts.gov Courtroom 300 Quarropas Street, Courtroom 320 Courtroom Deputy Sophia Tran

1. Guidelines for All Submissions a. Electronic Case Filing (“ECF”). In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except for as otherwise expressly provided, all documents filed with the Court must be filed electronically. b. Text Searchable Submissions. All written submissions and supporting materials must be text-searchable to the extent practicable. c. Submission of Large Electronic Files. The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at ClarkeNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case as well as the nature and size of the materials to be submitted electronically. The Government may use USAfx. d. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.
2. Communications with Chambers a. Initial Pretrial Conference. Upon assignment of a criminal case to Judge Clarke, the Assistant United States Attorney (“AUSA”) shall immediately contact Chambers to arrange for a conference/arraignment. The AUSA shall provide a courtesy copy of the Indictment and the criminal Complaint, if one exists, to the Court as soon as practicable via email. The email shall include: (1) the defendant’s name; (2) defense counsel’s name and contact information; (3) whether the defendant(s) is/are detained (and if so, the relevant defendant’s Reg. No.) or bailed; (4) whether any defendant requires an interpreter (and if so, the relevant language); and (5) any other pertinent information.

b. Letters and Letter-Motions. Except as otherwise provided below, communications with Chambers shall be by letter filed on ECF. Letters seeking relief, including requests for extensions, adjournments or bail modification, should be filed on ECF as letter-motions, not ordinary letters. For any emails to Chambers permitted under these Rules, parties shall not include substantive communications in the body of the email, only in an attached letter. Copies of correspondence between counsel shall not be sent to the Court or filed on ECF except as exhibits to an otherwise properly filed document. c. Telephone Calls. Telephone calls to Chambers should be reserved for urgent matters. In such situations, call the Clerk’s Office at (212) 805-0136. You may request to be transferred to Chambers from there. d. Faxes. Faxes to Chambers are not permitted without express prior permission, and only in cases of unforeseeable emergencies. e. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Hon. Charles L. Brieant Jr. Federal Courthouse, 300 Quarropas Street White Plains, NY 10601. If the hand-delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately. f. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Section 2(b) of these Rules, not as ordinary letters. (Requests filed under seal or containing sensitive or confidential information shall be filed in accordance with the requirements described in Section 8.) The letter-motion must state: (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties’ next scheduled appearance before the Court. If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court by email a proposed order (in Microsoft Word format) along with its request for adjournment or extension. Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least 48 hours prior to the deadline or scheduled appearance and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceedings. Requests for extensions will ordinarily be denied if made after the expiration of the original deadlines.

3. Defense Counsel a. Benefactor Payments. Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel must inform the Court and request a Curcio hearing at the first conference. b. Other Conflicts. Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate. c. Substitution of Counsel. When there is a substitution of defense counsel, counsel of record must file a letter-motion on ECF to request a conference be scheduled as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. Counsel of record (i.e., current counsel), the defendant, proposed replacement counsel and the AUSA must also attend the conference.
4. Bail Modification or Appeal a. 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. b. A party who wishes to appeal an adverse bail determination by the Magistrate Judge should contact Chambers to arrange a conference for that purpose. The party that brings the appeal is directed to provide the Court no fewer than 24 hours before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail and Pretrial Services’ report as to the defendant.
5. Guilty Pleas a. Plea Agreements and Pimentel Letters. The Government shall provide a copy of the plea agreement, cooperation agreement or Pimentel letter to the Court. These documents should be emailed to Chambers as soon as practicable and no later than three business days before the scheduled plea. b. Preparation for Allocution. Prior to the date set for the plea, defense counsel is expected to have reviewed with the defendant – if necessary, with the assistance of an interpreter – any Pimentel letter or plea, cooperation or other agreement. Defense counsel and the defendant shall execute any plea or cooperation agreement prior to the time set for the plea. The defendant should also be prepared in advance of a guilty plea to give a narrative allocution that incorporates all of the elements of that offense(s) to which the defendant is pleading guilty.

The Court further expects that defense counsel will have determined whether detention of the defendant is required under 18 U.S.C. § 3143(a)(2) upon the entry of a guilty plea, subject to the limited exception provided in 18 U.S.C.
§ 3145(c) for cases in which it is clearly shown that there are exceptional reasons why detention would not be appropriate, and to prepare the defendant for the possibility of detention commencing at the end of the plea proceeding. 6. Trials The parties should carefully review Judge Clarke’s Individual Trial Rules and Procedures. 7. Sentencing a. Sentencing Adjournments. Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Section 2(f) above. b. Sentencing Submissions. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served three weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be served two weeks in advance of the date set for sentencing. c. ECF Filing. 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. Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims. 8. Redactions and Filing Under Seal. a. Privacy Policy. The parties are referred to the E-Government Act of 2002 and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”). The parties should not include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers and home addresses [use only the City and State]). b. Redactions Not Requiring Court Approval. Without Court approval, parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information and information regarding an individual’s cooperation with the government), as described in the Privacy Policy.

c. Redactions and Sealed Filings Requiring Court Approval. Except for redactions permitted by the eleven categories of information identified in the Privacy Policy, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. d. Procedures for Filing Documents with Redactions. Any party seeking to file a document with partial redactions should follow the following three steps: i. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. ii. Filing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Section 8(c) above. iii. Emailing of Documents to Chambers. At the same time, the party should email to ClarkeNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Section 8(d)(ii), should the party also be seeking leave to file that letter-motion with redactions or under seal. e. Procedure for Filing Sealed Documents. i. Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner. ii. Sealing Entire Documents. Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should e-mail an unredacted copy of the submission to ClarkeNYSDChambers@nysd.uscourts.gov and should include as an attachment to the e-mail a letter-motion seeking leave to file the document under seal. The letter-motion must explain why

sealing is justified in light of the standards discussed in Section 8(c) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal. 9. Motions a. Letter-Motions. Letter-motions may 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, in accordance with Section 2(b) above, all requests for adjournments and extensions should be filed as letter-motions. All letter-motions should be text searchable. b. Discovery Motions. In making discovery motions, counsel must comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit. 10. Policy on Use of Electronic Devices Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ClarkeNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing. Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel. The order must be presented upon bringing the electronic device(s) into the Courthouse. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.

Individual Trial Rules and Procedures

JANUARY 2026 INDIVIDUAL TRIAL RULES AND PROCEDURES Jessica G. L. Clarke, United States District Judge Chambers United States District Court Southern District of New York 300 Quarropas Street, Room 330 White Plains, NY 10601 ClarkeNYSDChambers@nysd.uscourts.gov Courtroom 300 Quarropas Street, Courtroom 320 Courtroom Deputy Sophia Tran

1. Pretrial Procedures and Related Filings For civil jury trials, refer to Sections 1(a)-(d) and 1(f). For civil non-jury trials, refer to Sections 1(a)-(b) and 1(e)-(f). For criminal jury trials, refer to Sections 1(b)-(d) and 1(f). For criminal non-jury trials, refer to Sections 1(b) and 1(e)-(f). In criminal cases, the Court will enter an order scheduling a final pretrial conference and setting deadlines for pretrial submissions. The parties shall provide a courtesy copy of all pretrial submissions to the Court. a. Joint Pretrial Order – Civil Cases Only. Unless otherwise ordered by the Court, no later than 30 days after the date for the completion of all discovery or, in the event a dispositive motion is filed, no later than 30 days after the Court’s ruling on such motion, the parties shall file on ECF, as a “Joint Pretrial Statement,” 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; iii. A brief statement (by each party to the extent their positions differ) of the factual and legal basis for subject matter jurisdiction, including citations to statutes and relevant facts as to citizenship and jurisdictional amount; iv. A brief summary (by each party to the extent their positions differ) of the claims and defenses that remain to be tried, including citations to any relevant statute, and a brief summary of claims and defenses previously asserted that are not to be tried. The summaries shall not recite any evidentiary matter and shall not be argumentative; v. The number of trial days requested and whether the case is to be tried with or without a jury, without identifying which parties do or do not seek a jury trial;

vi. A joint statement summarizing the nature of the case, that may be read to potential jurors during jury selection; vii. A list of people, places and institutions that are likely to be mentioned during the course of the trial, to be read to potential jurors during jury selection; viii. A statement of 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; x. A list of all trial witnesses, indicating whether such witnesses will testify in person or by deposition, whether such witnesses will require an interpreter (and, if so, which party will pay the costs for the interpreter), a brief summary of the substance of each witness’s testimony and the expected duration of direct and cross-examination for each witness. Absent leave of Court, a witness listed by both sides shall testify only once (with the defendant permitted to go beyond the scope of the direct on cross-examination) and counsel should confer with respect to scheduling; xi. A designation by each party of deposition testimony to be offered in its case-in-chief and any counter-designations and objections by any other party. The parties need not designate deposition testimony to be used for impeachment purposes only. In addition to a designation list, the parties shall provide the complete deposition transcripts with color-coded highlighting indicating the portions designated by each party and the objections listed in the margins. Any objections not made are waived; xii. A list by each party of exhibits to be offered in its case-in-chief, in accordance with Section 1(f)(i); xiii. A statement of each element of damages and, except for intangible damages (e.g., pain and suffering, mental anguish or loss of consortium), the manner and method used to calculate any claimed damages and a breakdown of the elements of such claimed damages; xiv. Other requested relief; and xv. A statement of whether the parties consent to less than a unanimous verdict. b. In Limine Motions.

i. The parties shall file and serve motions addressing any evidentiary issues or other matters to be resolved in limine (for civil cases, at the time the Joint Pretrial Statement is due). Any party may respond within one week after the filing of an in limine motion. Memoranda of law in connection with a motion in limine are limited to 10 pages. No reply briefs shall be filed. ii. Any party wishing to file a motion in limine must first confer in good faith with the opposing party in an effort to resolve the dispute. Any motion in limine must include a representation that the meet and confer process occurred and was unsuccessful. c. Final Pretrial Memorandum of Law. If a party believes it would be useful to the Court, the party may file and serve a pretrial memorandum of law at the time the Joint Pretrial Statement is filed in a jury case. Any party may respond within one week after the filing of a pretrial memorandum of law. The pretrial memorandum and response each shall not exceed 10 pages. d. Additional Required Pretrial Submissions in Jury Cases. i. Joint Proposed Voir Dire, Requests to Charge and Verdict Sheet. In all jury cases, the parties shall file joint case-specific proposed voir dire questions, joint proposed case specific requests to charge (in plain English) and a joint verdict sheet at the same time as the parties file the Joint Pretrial Statement. For any proposed voir dire question or request to charge on which the parties cannot agree, each party should clearly set forth its proposed question or charge and briefly state why the Court should use its proposed question or charge, with citations to supporting authority. At the time of filing, parties should also submit copies of these documents to the Court by email (ClarkeNYSDChambers@nysd.uscourts.gov) as Microsoft Word documents. e. Additional Required Pretrial Submissions in Non-Jury Cases. Unless otherwise ordered by the Court, at the time the Joint Pretrial Statement is filed, the parties shall file as well as email to the Court (ClarkeNYSDChambers@nysd. uscourts.gov) both in .pdf format and as a Microsoft Word document: i. Proposed Findings of Fact and Conclusions of Law. The proposed findings of fact should be detailed and include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. The parties must meet and confer in an effort to reach agreement with respect to those findings and conclusions as to which there is no dispute; as to any agreed-upon findings and conclusions, the parties should make a joint submission.

Parties shall also email to the Court (ClarkeNYSDChambers@nysd.uscourts.gov) and opposing counsel (but not file on ECF): ii. Affidavits. 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. The affidavit should be treated as a direct substitute for the witness’s live testimony; that is, counsel should be attentive to the Rules of Evidence (e.g., hearsay and the like) and authenticate any exhibits that will be offered through that witness’s testimony. Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom counsel intends to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial. The original signed affidavits should be brought to trial to be marked as exhibits, at which time any objections to particular paragraphs of an affidavit can be made. iii. Deposition Excerpts. All deposition excerpts that will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page and line citations to the pertinent pages of the deposition transcripts. f. Trial Exhibits and Demonstrative Aids. Unless otherwise ordered by the Court, at the time the Joint Pretrial Statement is filed, the parties shall also email to the Court (ClarkeNYSDChambers@ nysd.uscourts.gov) and opposing counsel: i. A Microsoft Excel document listing all exhibits sought to be admitted. The list shall contain six columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Authenticity Objection”; (4) “Admissibility Objection”; (5) “Date Identified”; and (6) “Date Admitted.” The parties shall complete the first four columns, but leave the fifth and sixth columns blank, to be filled in by the Court during trial. If a party objects to an exhibit, the objection should be noted in the third and/or fourth columns by indicating the Federal Rule of Evidence that is the basis for the objection and any other authority. Any objections not made shall be deemed waived and any exhibits not objected to shall be deemed admissible at trial. If any party believes that the Court should rule on such an objection in advance of trial, that party should include a notation to that effect (e.g., “Advance Ruling Requested”). In general, the Court will rule on relevance and authenticity objections at the time of trial. Parties shall also email to the Court (ClarkeNYSDChambers@nysd.uscourts.gov) and opposing counsel (but not file on ECF): ii. An electronic copy of each exhibit sought to be admitted, and if a criminal case, Section 3500 material, with each filename corresponding to the relevant exhibit number (e.g., “GX-1,” “PX-1,” “DX-1,” etc.). Parties are

encouraged to use electronic copies of exhibits as much as possible. If submission of electronic copies would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. iii. Where a hard copy exhibit is used, sufficient copies should be made, as appropriate, for witnesses, opposing counsel, jurors, the court reporter, any interpreters and the Court. If counsel intends to publish hard copies of documentary exhibits to the jury rather than using the Court’s audio-visual system, a separate copy should be provided for each juror to avoid unnecessary delay. iv. Court time may not be used for marking exhibits. Exhibits shall be pre- marked, and if possible, pre-admitted in advance of the court session. If the files are too large for submission by email, the parties shall email ClarkeNYSDChambers@nysd.uscourts.gov requesting a link to upload these materials. Demonstratives that will not be introduced into evidence need not be listed, but they must be shared with the Court and opposing counsel. Prior to the final pretrial conference, the parties shall confer in an effort to resolve any objections to the demonstrative aids. Any objections that are not resolved shall be identified in a letter filed at least two business days in advance of the final pretrial conference.
2. Trial Procedures The following rules and procedures apply to jury trials in both civil and criminal cases. a. Efficiency and Time Management. i. Schedule. Unless otherwise decided by the Court, trials will generally be conducted Monday through Thursday from 10:00 a.m. to 4:30 p.m. with breaks throughout the day. When the jury is not seated, the parties may raise issues for rulings that may arise during the trial. In jury trials, in order to keep distractions during the trial to a minimum, counsel shall be present by 9:00 a.m. and available after 4:30 p.m. to discuss scheduling and any disputed matters that may arise. ii. Time Limits. In most civil cases, the Court will impose time limits on both sides at the final prehearing or pretrial conference. The parties should be prepared to address the issue of time limits at the final prehearing or pretrial conference.

iii. Sidebars. Sidebars are strongly disfavored and will not be permitted if abused. Counsel are expected to anticipate any issues that might require argument and to raise those issues with the Court in advance of the time that the jury will be hearing the evidence, ideally in advance of the final pretrial conference. iv. Conferring with opposing party. A party shall first raise any issue with the opposing party before raising the issue with the Court, including anticipated evidentiary and legal issues that require argument.
v. Witness availability. The parties are expected to present witnesses throughout the entire trial day. Unless good cause is shown, if a party does not have another witness available on a given day, that party will be deemed to have rested. Counsel shall notify the Court and other counsel in writing, at the earliest possible time, of any particular scheduling problems involving witnesses so that other arrangements can be made to fill the trial day. b. Jury Selection i. The Court will conduct a voir dire of the number of panelists computed by combining the number of jurors to be selected and the number of peremptory challenges. After the voir dire, there will be a determination as to whether there are any challenges for cause. Each panelist removed for cause will be replaced, so that a full panel is present before any peremptory challenges are exercised. ii. Next, peremptory challenges are exercised against the panelists who compose the potential members of the regular jury. Peremptory challenges will be exercised simultaneously, with the parties each submitting a written list of panelists that they wish to excuse. Any overlap among those lists will not result in parties receiving additional challenges. The jurors will be selected starting with the unchallenged juror with the lowest number.
iii. Finally, peremptory challenges are exercised against the panelists who comprise the potential alternate jurors. Again, peremptory challenges will be exercised simultaneously. In the event of an overlap in challenges, the jurors will be selected from among those with the lowest numbers. c. Promoting Juror Understanding. i. Jury Instructions. All instructions to the jury will be in plain language that is as understandable as possible to non-lawyers.

1. Preliminary Instructions. The Court will give preliminary instructions on the law at the beginning of the trial, before the parties’ opening statements. The preliminary instructions will

explain the jury’s role, trial procedures, the nature of evidence and its evaluation, basic relevant legal principles, including definitions of unfamiliar legal terms, the parties’ claims and defenses, what the parties need to prove in order to sustain their claims and defenses, burden of proof and any pertinent instructions.
Preliminary instructions will facilitate better decision-making by jurors as well as a greater understanding of their duty in the decision-making process. Jurors’ ability to recall relevant evidence and apply the law to the facts will improve if they understand in advance the context in which they will be required to evaluate or analyze the evidence presented during the trial.
2. Supplemental Instructions. The Court will give supplemental instructions during the course of the trial, as necessary, to assist the jury in understanding the facts and law. 3. Final Instructions. The Court will give final instructions on the law at the end of the presentation of evidence, before the parties’ closing statements. The Court will communicate clearly to the jury that the instructions given at the end of the trial will control deliberations. Each juror will be provided with a written copy of the final instructions for use while the jury is being instructed and during deliberations. ii. Other Tools to Promote Juror Understanding.

1. Juror Note Taking. Jurors will be permitted but not required to take notes during the trial. Jurors will be instructed that the notes are to aid their memory of the evidence and are not to substitute for their recollection of the evidence in the case.1 The Court will provide each juror with a notebook or paper and pens. The notes will be collected and destroyed at the conclusion of the trial.
2. Other. The Court is open to other techniques to enhance juror comprehension. iii. Juror Deliberations.
3. Exhibits. The Court ordinarily will provide all exhibits admitted into evidence to the jurors for use in the jury room during 1 Sample jury instruction: “If you took notes during the course of the trial, you shall not show your notes to or discuss your notes with any other juror during your deliberations. Any notes you have taken are to be used solely to assist you. The fact that a particular juror has taken notes entitles that juror’s views to no greater weight than those of any other juror. Finally, your notes are not to substitute for your recollection of the evidence in the case. If you have any doubt as to any testimony, you may request that the testimony be read back to you as I mentioned earlier.”

deliberations. Immediately before the jury deliberates, the parties shall provide the court with digital copies of the admitted exhibits as set forth in Section 1(f) above.
2. Juror questions. When jurors submit a question during deliberations, the Court, in consultation with the parties, will supply a prompt, complete and responsive answer or will explain to the jurors why it cannot do so.
3. Impasse. The Court will endeavor to assist a jury that advises the Court that it has reached an impasse in its deliberations, including directing that further proceedings occur if appropriate. 3. Conduct During a Trial.
a. Counsel shall address all remarks to the Court, not to opposing counsel. b. Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. The attorney who conducts direct examination shall be the attorney who states any objections during cross- examination. c. In making an objection, counsel shall be brief and direct. (For example, “Objection, hearsay.”) In jury trials, counsel shall not argue the objection in the presence of the jury or argue with the ruling of the Court in the presence of the jury.
d. Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. In most instances, stipulations should be reduced to writing in a form that can be marked and admitted at trial.
e. During jury trials, counsel shall not make any motion (e.g., for a mistrial) in the presence of the jury. Such matters may be raised during a recess.
f. Counsel should request permission before approaching the bench. Any document that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.
g. Counsel should avoid delay by having all exhibits counsel intends to use with a witness prepared and readily accessible when commencing the examination. h. Be respectful of opposing counsel, the litigants and the witness. 4. Policy on the Use of Electronic Devices a. Electronic Devices in the Courtroom. Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such

as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468. When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ClarkeNYSDChambers@nysd.uscourts.gov no later than five business days before the relevant trial or hearing. b. Wi-Fi in the Courtroom. If Wi-Fi is requested, counsel shall check the appropriate box on the form. If approved and signed by Judge Clarke, a copy of the Order will be sent to the requesting attorney, who will receive a network name, username, password and instructions from the District Executive’s Office on or before the first day of the scheduled proceeding. Wi-Fi access is limited to the approved attorney (who may not share their username or password with others) for the duration of the proceeding and for Courtroom 320 (unless Judge Clarke or another judicial officer grants permission for it to be used in another courtroom). c. Technology Walkthrough. If a party wishes to use audio-visual equipment at a hearing or trial, it is that party’s responsibility to ensure that any required approvals are obtained and that the necessary equipment is set up and working properly in advance of trial. The party should contact Sophia Tran, Courtroom Deputy, at ClarkeNYSDChambers@nysd.uscourts.gov, sufficiently in advance of trial to make the necessary arrangements for a technology walkthrough and to test the equipment.

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