Judge Dale E. Ho — 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- (DEH) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER DALE E. HO, United States District Judge: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Rule 26(f)(3).1

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 business 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://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.]
2. The case [is / is not ] to be tried to a jury.
3. The parties [have / have not ] conferred pursuant to Rule 26(f).
4. 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: ___________________________________________

1 All references to Rules are to the Federal Rules of Civil Procedure. Plaintiff(s), v. Defendant(s).

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 discovery ☐Referral to a Magistrate Judge after the close of fact 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. 5. Initial disclosures pursuant to Rule 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 Rule 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 Rule 16(b)(4) rather than the more lenient standards of Rule 15 and 21.] 7. 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 Rule 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 Rule 33 shall be served no later than ___________________. [Absent exceptional circumstances, a date not more than 30 days following the Initial Pretrial Conference.]

d. Depositions pursuant to Rules 30 and 31 shall be completed by the date set forth in paragraph 7(a). e. Requests to admit pursuant to Rule 36 shall be served no later than __________. [Absent exceptional circumstances, a date no later than 30 days before the close of all discovery.] f. Any of the deadlines in paragraphs 7(b)–(d) may be extended by the written consent of all parties without application to the Court, provided that all discovery pursuant to paragraphs 7(b)–(d) is completed by the date set forth in paragraph 7(a). 8. [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 7(a).] c. Plaintiff’s expert disclosures pursuant to Rule 26(a)(2) shall be made no later than __________________________. d. Defendant’s expert disclosures pursuant to Rule 26(a)(2) shall be made no later than __________________________. e. The interim deadlines in paragraphs 8(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 8(b). 9. 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:

10. [To be completed by the Court] The Court will conduct a case management conference following the close of discovery on ___________________ at ______________ . The parties shall join the conference by dialing (646) 453 - 4442 and entering the conference ID: ______________, followed by the pound sign (#). The parties shall submit a joint status letter by ______________. The lett3 er shall state whether any party intends to file a dispositive motion. The letter shall further describe the efforts the parties have made to settle the action and state whether the parties request a referral for settlement discussions 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).]
11. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order.
12. Counsel for the parties have conferred and their best estimate of the length of trial is _______________________. 13. Other issues to be addressed at the Initial Case Management Conference, including those set forth in Rule 26(f)(3), are set forth below:

Dated: New York, New York SO ORDERED. DALE E. HO United States District Judge 14. This Order may not be modified or the dates herein extended, except as provided in paragraphs 7(f) and 8(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 7(f) and 8(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.

Individual Rules and Practices for Hearings and Trials

Revised February 19, 2025 INDIVIDUAL RULES AND PRACTICES FOR HEARINGS AND TRIALS Dale E. Ho, United States District Judge Chambers United States District Court Southern District of New York 40 Foley Square New York, NY 10007 HoNYSDChambers@nysd.uscourts.gov Courtroom Thurgood Marshall Courthouse 40 Foley Square, Courtroom 905 Unless otherwise ordered, these Individual Practices apply to hearings and trials in both civil and criminal cases before Judge Ho.

1. Schedule for Trials. Once jury selection is complete, trials will generally be conducted Monday through Thursday from 9:30 A.M. to 5:00 P.M., with an hour-long break for lunch around 12:00 P.M. and a fifteen-minute break once in the morning and once in the afternoon at any appropriate time. Judge Ho will confirm the trial schedule at or before the final pretrial conference.
2. Wi-Fi Access. Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Ho’s Courtroom during a hearing or trial by submitting an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website. The completed form should be submitted as early as possible—and certainly no later than five (5) business days before the start of the trial or hearing. If approved and signed by Judge Ho, 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 his or her username or password with others) for the duration of the proceeding and for Courtroom 905 (unless Judge Ho or another judicial officer grants permission for it to be used in another courtroom). If an attorney wishes to test the Wi-Fi prior to the proceeding, that request must also be made to Chambers at least five (5) business days prior to the proceeding.
3. Audio-Visual Needs. 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. A list of the technology already set up in Judge Ho’s courtroom can be found in Attachment B. To the extent that authorization is required to use electronic devices, a party must submit an Electronic Device and Wi-Fi Access Request Form, which is available on the Court’s website. Courtroom Deputy Nicole Morales

The completed form should be submitted as early as possible — and certainly no later than five (5) business days before the start of the trial or hearing. 4. Jury Selection. Jurors will be selected by the struck-panel method, as described in Attachment A. 5. Time Limits. In most civil cases, the Court will impose time limits on both sides at the final prehearing or pretrial conference. The parties’ opening statements (in civil jury trials) and examinations of witnesses will count against their time; lengthy colloquies before the jury will be split down the middle. The time limits do not apply to jury selection or to summations; the Court may impose separate time limits for summations. The parties should be prepared to address the issue of time limits at the final prehearing or pretrial conference. 6. Hearing and Trial Practices. Counsel shall abide by the following rules and practices with respect to witnesses, the handling of exhibits, and making objections: A. Sidebars during jury trials are strongly disfavored. 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. B. If counsel intends to use demonstrative aids (e.g., PowerPoint presentations) during their opening statement or during the examination of any witness, the aids should be furnished to opposing counsel in advance of their use, and the parties should raise any disputes with the Court in advance. C. Counsel shall ensure that each witness is present and ready to take the stand when that witness’s turn to testify arrives. If a witness finishes his or her testimony, and the side calling that witness does not have another witness present and ready to testify, that side will be deemed to have rested, and the Court will proceed to the next phase of the hearing or trial. D. If both sides intend to call a particular witness, the parties shall ensure that the witness does not need to be called twice. Where a defense witness is called by the plaintiff (or a rebuttal witness is called by a defendant), the Court will allow counsel to go beyond the scope of the direct examination on cross-examination to avoid the need for the witness to be recalled. E. If counsel plans to use a deposition at a hearing or trial, for impeachment or any other purpose, a copy of the deposition should be provided to the Court in advance of the hearing or trial session during which the deposition is to be used. F. Unless otherwise ordered by the Court, at the time the Joint Pretrial Statement is filed, the parties shall also email to the Court and opposing counsel 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. The parties should raise any objections to an exhibit, other than authenticity or foundation, before the opening of the session. 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. In general, the Court will rule on the admissibility of exhibits in advance of trial to the extent possible. G. Exhibits must be pre-marked (that is, with exhibit stickers or the like) and should generally be labeled by party and exhibit number (e.g., “GX-1,” “PX-1,” “DX-1,” etc.) rather than letter (e.g., “DX-AA”). Parties are encouraged to use electronic copies of exhibits as much as possible. Regardless, electronic copies of any document sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.) should be provided to the Court in advance of the proceeding. 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. H. 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. I. Any exhibit offered in evidence should, at the time it is offered, be shown to opposing counsel unless it was provided, pre-marked, to counsel before the proceeding. At the end of the hearing or trial, counsel should make sure they have their exhibits. The Court is not responsible for them. J. Counsel should request permission before approaching the bench or the witness box, and any document that counsel wishes to have the Court examine should be handed to the Courtroom Deputy. K. If counsel intends to question a witness about a group of documents, he or she should avoid delay by having all the documents with him or her when commencing the examination. Where practicable, counsel should provide all the documents in the group to the witness (ideally in a binder) and conduct the examination from the podium to avoid the need to approach the witness separately for each document. L. Counsel should not make speaking objections before the jury. In making objections before the jury, counsel should state “objection” only and provide the

legal ground (e.g., “relevance” or “hearsay”) only if elaboration is requested by the Court. M. Counsel should not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at the next recess. N. 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. 7. Promoting Juror Understanding. A. Jury Instructions. All instructions to the jury will be in plain language that is as understandable as possible to non-lawyers. a. 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. b. 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. c. 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.

B. 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. C. Juror Questions. In civil cases, jurors ordinarily will be permitted to submit written questions for witnesses. The Court will instruct the jury during the preliminary instructions and prior to the opening statements that they may submit clarifying questions in writing at the end of a witness’s testimony, that the rules of evidence govern the questioning and that they should draw no conclusions or inferences if a question is not asked or is modified. Upon receipt of a written question, the Court will make the question part of the Court record. Outside the hearing of the jury, the Court will disclose the question to the parties, and hear objections and proposed modifications. If the Court determines that the question is permissible, the Court will pose the question to the witness. 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. D. The Court is open to techniques to enhance juror comprehension, including alternating the sequencing of experts, deposition summaries, and other aids. 8. Conduct During a Hearing or Trial. Unless excused by the Court or incapable on account of disability, anyone at counsel table, including, as appropriate, any counsel or party, shall abide by the following rules and practices: A. Stand when the jury enters or exits the courtroom. B. Stand at the lectern while examining any witness; except that counsel may, with the Court’s permission, approach the Courtroom Deputy’s desk or the witness for purposes of handling or tendering exhibits. C. Address all remarks to the Court, not to opposing counsel. D. Be respectful of opposing counsel, the litigants, and witnesses. E. Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names. 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.”

F. All witnesses shall wear civilian clothes – no uniforms or badges. G. 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. H. Commence cross-examination without preliminaries. I. In examining a witness, counsel shall not repeat or echo the answer given by the witness. J. Counsel should not face or otherwise appear to address him or herself to jurors when questioning a witness. In opening statements and arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue. 9. Post-Hearing and Post-Trial Procedures. Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling, or punctuation should be ignored.

i ATTACHMENT A Procedures for Jury Selection The Court will select jurors using the struck panel method as follows. The Court will conduct a voir dire of panelists computed by totaling: the number of jurors to be selected (8 in most civil cases and 12 in criminal cases); the number of alternates (none in civil cases and usually 2 in criminal cases); and the number of peremptory challenges. Thus, in a civil case with an 8-person jury and 3 peremptory challenges per side, the Court will voir dire 14 panelists. See Fed. R. Civ. P. 47, 48; 28 U.S.C. § 1870. In trials expected to last for substantially more than a week, the Court will consider increasing the number of jurors in a civil case and the number of alternates in a criminal case. In a single-defendant criminal case in which the defendant has 10 and the Government 6 peremptory challenges, plus 1 each with respect to alternates, see Fed. R. Crim. P. 24, the Court will voir dire 32 panelists (12 jurors + 2 alternates + 10 peremptories for the defendant + 6 peremptories for the Government + 1 peremptory for the defendant for the alternates + 1 peremptory for the Government for the alternates). The panelists will be voir dired (by the Court, not counsel) in the Courtroom. If issues are raised that are better discussed outside the presence of the entire panel (e.g., sensitive issues, requests to be excused, etc.), the Court will follow-up with the individual jurors either at sidebar or in the robing room. If a panelist is excused for cause, he or she will be replaced by another prospective juror from the pool and the new panelist will be voir dired. After the Court has voir dired all members of the panel, the Court will — at sidebar or in the robing room — give counsel an opportunity to propose follow-up questions and entertain challenges for cause. Once all challenges for cause have been heard and decided, the parties will then exercise their peremptory challenges (in the Courtroom) against the panelists who compose the potential members of the regular jury (in the ordinary criminal case, against the first 28 panelists) and, in criminal cases, the potential alternates (in a case where 2 alternates are to be selected, panelists 29 through 32). Peremptory challenges will be exercised simultaneously, with each party submitting a written list of the panelists it wishes to excuse. Any overlap among the lists of challenges will not result in parties receiving additional challenges. The jurors will be selected starting with the unchallenged juror with the lowest number from the relevant pool (e.g., 1 through 28 for the regular jury and 29 through 32 for the alternates). For example, in an ordinary criminal case, if there was an overlap of 1 peremptory challenge with respect to the potential regular jurors (i.e., the first 28 panelists), the 15 challenged panelists would be excused and the first 12 of the remaining 13 would be seated as the jury. The 13th panelist, that is, the unchallenged panelist with the highest number, would also be excused.

ii ATTACHMENT B Technology in 40 Foley Square, Courtroom 905 Judge Ho’s Courtroom is equipped with the following equipment that can be used, with a computer or tablet, to present electronic evidence: • Counsel Tables: Two video monitors, one evidence presentation selection panel, a source input for evidence presentation, and two microphones per table. • Presentation Lectern: One document camera, one-touch display monitor for annotation, and one microphone. • Witness Stand: One touch-screen video monitor for evidence display and annotation, source input for evidence presentation, acoustic speaker, and one microphone. • Jury Box: Video monitors and acoustic speakers for evidence presentation. • Gallery: One large video monitor. The system allows a user to share evidence through an HDMI or VGA connection provided by the Court. If a device does not have a HDMI or VGA connection, the user is responsible for bringing an appropriate adapter. 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 Chambers at HoNYSDChambers@nysd.uscourts.gov sufficiently in advance of trial to make the necessary arrangements for a technology walkthrough and to test the equipment.

Individual Rules and Practices in Civil Cases

REVISED: JANUARY 8, 2026

INDIVIDUAL RULES AND PRACTICES IN CIVIL CASES Dale E. Ho, United States District Judge

Chambers United States District Court Southern District of New York 40 Foley Square New York, NY 10007 HoNYSDChambers@nysd.uscourts.gov Courtroom
Thurgood Marshall Courthouse 40 Foley Square, Courtroom 905 Courtroom Deputy Nicole Morales

Unless otherwise ordered by the Court, these Individual Rules apply to all civil matters before Judge Ho except for civil pro se cases. The Individual Rules applicable to civil pro se cases are available at https://nysd.uscourts.gov/hon-dale-e-ho.

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 HoNYSDChambers@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 shall be filed with a redline showing all differences between the original and revised filing. f. Use of Generative Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has

reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

2. Communications with Chambers a. Letters and Letter-Motions. i. Unless otherwise provided below, communications with Chambers shall be by letter filed on ECF. Letters seeking relief (consistent with S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions) should be filed as letter-motions on ECF, not ordinary letters. ii. Letters may not exceed three pages in length (exclusive of exhibits or attachments) without prior permission from the Court. iii. 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. iv. Any request for relief shall be accompanied by a statement as to whether the opposing party consents to the requested relief and, if not, the reasons given by the adversary for refusing to consent. b. Telephone Calls. Chambers is not accepting telephone calls at this time. Technical questions pertaining to ECF filings should be directed to the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800. c. Faxes. Faxes to Chambers are not permitted without express prior permission. d. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance (200 Worth Street, New York, NY 10007) of the Daniel Patrick Moynihan United States District Courthouse. 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. i. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions per Section 2(a) of these Rules, not as ordinary letters. ii. Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least two business days before the deadline or scheduled appearance. Extension requests will ordinarily be denied if made after the expiration of the original deadline. 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. iii. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Civil Case Management Plan and Scheduling Order must be attached, specifying all of the proposed changes (e.g., with a redline showing the differences between the operative Scheduling Order—see Section 3(c) below—and the proposed Revised Scheduling Order). iv. A request for an adjournment of a conference must also include three alternative conference dates that are mutually agreeable to the parties. v. A request to extend the deadline to complete all discovery is unlikely to be granted. But any such request shall include a statement as to what discovery requests have been propounded, who propounded each request, and on what date; what responses were made, who made each response, and on what date; and the volume of documents produced, who produced the documents, and on what date. The letter shall further include a statement as to any depositions that have been taken and on what date. f. Related and Consolidated Cases. i. After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related (e.g., 22-CV-1234 [rel. 21-CV-4321]). ii. After two or more actions have been consolidated for all purposes under a single docket number pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and correspondence should be filed only in the docket under which the cases have been consolidated.

3. Conferences a. In-Person Conferences. In-person conferences will be held in Courtroom 905 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. b. Remote Conferences. i. Absent permission of the Court, no more than one attorney shall speak on behalf of any party. ii. To facilitate orderly teleconferences and the creation of an accurate transcript where a teleconference is held on the record, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter and take special care not to interrupt or speak over one another.

c. Initial Case Management Conference. In most cases, the Court will schedule a Federal Rule of Civil Procedure 16(c) conference, by Order, to occur no more than three months after the filing of the complaint or notice of removal. Plaintiff’s counsel (or, in a matter removed from state court, defense counsel) is directed to promptly notify all counsel of the Notice of Initial Pretrial Conference. In most cases, the Notice will direct the parties, among other things, to submit on ECF a joint letter and a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter no later than Thursday of the week prior to the conference date. The parties shall use the Proposed Case Management Plan and Scheduling Order form available at the Court’s website (https://nysd.uscourts.gov/hon-dale-e-ho). d. Authority Consistent with Proceeding. All attorneys appearing before the Court must have the authority to bind the party they represent consistent with the proceedings (e.g., by agreeing to a discovery resolution or briefing schedule). e. Participation of Attorneys. The Court invites the participation of less experienced attorneys (i.e., those with six or fewer years of experience), including attorneys from all backgrounds, where the attorney(s) played a substantial role in drafting the underlying filing or preparing the relevant witness. Notwithstanding Section 3(b)(i), the Court may permit more than one attorney to argue for one party. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court. f. Pronouns and Honorifics. The parties and counsel are invited to advise the Court of their honorifics and/or pronouns—such as Ms., Mx., or Mr.—so that the Court may address them respectfully. People appearing before this Court may do so in writing and/or when appearing for conferences, hearings, or trials, by speaking to the Courtroom Deputy.

4. Motions a. Pre-Motion Letters and Conferences in Civil Cases. Pre-motion letters and conferences are not required, except for: (i) discovery disputes under Section 4(k) of these Rules; and (ii) summary judgment motions in non-jury cases under Section 4(g) of these Rules. b. Timeline for Filing of Motion Papers. Unless otherwise agreed upon by the parties and ordered by the Court, the parties shall assume that the submission deadlines outlined by Local Civil Rule 6.1 shall apply. c. Memoranda of Law. i. Motion papers must conform to Local Civil Rule 11.1 of the S.D.N.Y. Local Rules.

ii. Memoranda of law in support of and in opposition to motions are limited to 25 pages and reply memoranda are limited to 10 pages. iii. All memoranda of law shall be in twelve-point font or larger and double- spaced. All footnotes shall be in twelve-point font or larger and may be single-spaced. iv. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit. v. Sur-reply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause). vi. All appendices to memoranda of law must be indexed. d. Unpublished Cases. The parties need not provide copies of unpublished cases if the case is available on Westlaw or LexisNexis. For cases only available on Westlaw or Lexis, the Westlaw citation should be used whenever possible. e. Oral Arguments on Motions. i. Rarely Held. 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. ii. Participation by Less Experienced Attorneys Encouraged. If oral argument would be handled in whole or in part by a less-experienced attorney, a party may so advise the Court consistent with Section 3(e) above. f. Motions for Leave to Amend a Pleading. When moving to amend any pleading, the moving party shall file as an attachment to the motion a redline showing all differences between the operative pleading and the proposed amended pleading. g. Summary Judgment Procedures. i. Discouraged in Non-Jury Cases. Summary judgment motions are strongly discouraged in non-jury cases. Notwithstanding Section 4(a) of these Rules, a party seeking to file a motion for summary judgment in a non-jury case shall file a letter on ECF seeking leave to move for summary judgment prior to filing any motion. ii. Successive Motions Prohibited. Parties may not file more than one motion for summary judgment absent prior Court approval.

iii. Rule 56.1 Statements. Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1 (“Rule 56.1 Statement”), limited to 20 pages. 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. Such additional statements are limited to 20 pages. A Rule 56.1 Statement may contain only factual statements – any non-factual statements (e.g., legal argument) will not be considered by the Court. iv. 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. 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(b). A party seeking a default judgment should not proceed by order to show cause. The motion must be supported by the following papers: i. If failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; ii. an attorney’s affidavit or declaration setting forth:

1. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint;
2. the procedural history beyond service of the summons and complaint, if any;
3. legal authority for why such service was proper;
4. 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;
5. the proposed damages and the basis for each element of damages, including interest, attorney’s fees and costs; and
6. legal authority for why an inquest into damages would be unnecessary; iii. a proposed default judgment; iv. copies of all the operative pleadings; and v. a copy of the affidavit of service of the summons and complaint.

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)(1) are satisfied and no notice is necessary.

The moving party must email HoNYSDChambers@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 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 S.D.N.Y. 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. i. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. ii. If the meet-and-confer process does not resolve the dispute, the party seeking discovery may file on ECF a letter-motion, no longer than three pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting a conference before the Court. iii. Any letter-motion seeking relief must state: (1) the date and time of each conference conducted pursuant to Section 4(k)(i) above; (2) the

adversary’s position as to each issue being raised; and (3) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. iv. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within three business days. v. 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. vi. Privilege Logs and Privilege Log Disputes. Privilege logs should be sufficiently detailed to enable the receiving party to evaluate a claim of privilege, including identification of attorneys involved in the relevant documents or communications. Privilege logs must be promptly produced and updated on a rolling basis as documents are produced. Each log and update must include a certification from counsel that counsel has reviewed the withheld or redacted documents, and that there is a good-faith basis to assert privilege over those documents. Disputes related to privilege logs are subject to the Rules governing discovery disputes specified in Section 4(k). On its own initiative, the Court may order in camera production to the Court of unredacted documents from the producing party’s log where a dispute is raised.

5. Pretrial Submissions and Procedures a. Joint Pretrial Order. Unless otherwise ordered by the Court, at least 30 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to HoNYSDChambers@nysd.uscourts.gov a proposed joint pretrial order, which shall include the following: i. the full caption of the action; ii. the names, law firms, addresses, telephone numbers, and email addresses of trial counsel if not already listed on the docket; iii. a brief statement by plaintiff (or, in a removed case, by defendant) as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount; iv. a brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted that are not to be tried. The summaries should not recite any evidentiary matter;

v. a statement as to the number of trial days needed and whether the case is to be tried with or without a jury; vi. a joint statement summarizing the nature of the case, to be read to potential jurors during jury selection; vii. a list of people, places, and institutions that are likely to be mentioned during the trial, to be read to potential jurors during jury selection; viii. a statement as to whether all parties have consented to trial by a Magistrate Judge, without identifying which parties do or do not consent; ix. any stipulations or agreed statements of fact or law to which all parties consent. In a jury case, the parties should memorialize any such stipulations or agreed upon 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), and a brief summary of the substance of each witness’s testimony. 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; xii. a list by each party of all exhibits to be offered in its case-in-chief, with a single asterisk indicating exhibits to which no party objects on any ground. If a party objects to an exhibit, the objection should be noted by indicating the Federal Rule of Evidence that is the basis for the objection. 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”) as well. xiii. a statement of the damages claimed, and any other relief sought, including the manner and method used to calculate any claimed damages and a breakdown of the elements of such claimed damages; and xiv. a statement of whether the parties consent to less than a unanimous verdict. b. Required Pretrial Filings. Unless otherwise ordered by the Court, each party shall file and serve with the joint pretrial order: i. in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Section 4(c) above, in support of all motions in limine filed by that party;

ii. in all jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions as specified by Section 5(d) below; and iii. in all non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document. c. Electronic Copies of Exhibits and Exhibit Lists. Unless otherwise ordered by the Court, the parties shall also submit with the joint pretrial order (but not file on ECF): i. an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number, e.g., “PX-1,” “DX- 1,” etc.). 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. Each hard copy shall be pre-marked (i.e., with an exhibit sticker) and assembled sequentially; and ii. a Microsoft Excel document listing all exhibits sought to be admitted, emailed to the court. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial. d. Requests to Charge and Proposed Voir Dire. Unless otherwise ordered by the Court, in all jury trials, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order, with any differing proposals displayed side-by-side or sequentially and supported by authority or other justification. At the time of filing, parties should also submit copies of these documents to the Court by email as Microsoft Word documents. For any request to charge or proposed voir dire question on which the parties cannot agree, each party should clearly set forth its proposed charge or question, and briefly state why the Court should use its proposed charge or question, with citations to supporting authority. e. Additional Submissions in Non-Jury Cases. Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email and serve on opposing counsel, but not file on ECF, the following: i. copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial. 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: (1) a list of any objections to particular paragraphs of an affidavit; and (2) a list of all affiants whom they intend 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; ii. 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 citations to the pertinent pages of the deposition transcripts; and iii. proposed findings of fact and conclusions of law. The proposed findings of fact must be detailed and include citations to the proffered trial testimony and exhibits. The version of these documents submitted to the Court must be in Word format. f. Filings in Opposition. Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

6. 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”). b. Redactions Not Requiring Court Approval. There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information,” i.e., • social security numbers (use the last four digits only), • names of minor children (use the initials only), • dates of birth (use the year only), • financial account numbers (use the last four digits only), and • home addresses (use only the City and State). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring “caution” described in the Privacy Policy, i.e.,

• any personal identifying number, • medical records (including any information regarding medical treatment, including for substance abuse, and diagnosis), • employment history, • individual financial information, • proprietary or trade secret information, and • information regarding an individual’s cooperation with the government. 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. In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. d. Procedures for Filing Sealed or Redacted Documents. Any party seeking leave to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party 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 or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document. ii. Sealed Document(s). The party shall file a letter-motion seeking leave to file a document wholly 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. The proposed sealed document shall be 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 should not include confidential information sought to be filed under seal. iii. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a

document in redacted form on ECF in accordance with Standing Order 19- MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. 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. iv. 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 HoNYSDChambers@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.

7. Settlement Agreements. As soon as the parties reach an agreement to settle in principle, the parties must email HoNYSDChambers@nysd.uscourts.gov to alert the Court and file a joint letter promptly. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties request that the Court retain jurisdiction to enforce an 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.

8. Policy on Use of Electronic Devices a. Personal 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 HoNYSDChambers@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. b. Wi-Fi Access for Hearings and Trials. Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Ho’s Courtroom during a hearing or trial. For further information, see Judge Ho’s Individual Practices for Hearings and Trials, available on the Court’s website (https://nysd.uscourts.gov/hon-dale-e-ho).

Individual Rules and Practices in Civil Pro Se Cases

JANUARY 8, 2026

INDIVIDUAL PRACTICES IN CIVIL PRO SE CASES Dale E. Ho, United States District Judge

Pro Se Office United States District Court Southern District of New York Thurgood Marshall Courthouse
40 Foley Square / 40 Centre Street
Room 105 New York, NY 10007 (212) 805-0175

Unless otherwise ordered by the Court, these Individual Practices apply to all civil cases involving pro se litigants (that is, litigants without counsel) before Judge Ho.

1. 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 Law Clinic. There is a Pro Se Law Clinic 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 Pro Se Law Clinic is run by a private organization called the City Bar Justice Center; 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 Office).

An unrepresented party in need of legal assistance should complete the City Bar Justice Center’s intake form (https://www.citybarjusticecenter.org/projects/federal- pro-se-legal-assistance-project) to make an appointment. If an unrepresented party has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the clinic can be contacted by phone (212-382-4794) or email (fedprosdny@nycbar.org). In-person appointments in the Thurgood Marshall Courthouse in Manhattan and the Charles L. Brieant Jr. Federal Building and Courthouse in White Plains are available Monday through Thursday, 10 a.m. to 4 p.m. Appointments are also available remotely Monday through Friday, 10 a.m. to 4 p.m.

2. Communications with Chambers

a. No Communications to Chambers. All communications with the Court by a pro se party should be in writing and filed on ECF or sent to the Pro Se Office by email as a PDF, delivered in person, or physically mailed as described in Section 3(b) below. No documents or court filings may be sent directly to Chambers.
Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system. If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include an Affidavit of Service or other statement affirming that it has done so. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court. Any questions should be directed to the Pro Se Office at (212) 805-0175.

b. 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 Office.

c. Communications by Parties Represented by Counsel. Except as otherwise provided below, communications with the Court by a represented party shall be governed by Judge Ho’s Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-dale-e-ho.

d. 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 must be made at least two business days prior to the deadline or scheduled appearance.

3. 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).

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, Thurgood Marshall Courthouse, 40 Centre Street (40 Foley Square), Room 105, New York, NY 10007;

ii. mailing them to Pro Se Office at: United States District Court, Southern District of New York, 500 Pearl Street, New York, NY 10007, ATTN: Pro Se Intake;

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 Appendix C of 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 https://nysd.uscourts.gov/sites/default/files /2019-04/2012-prosemotionecffiling-final.pdf 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.

4. Discovery

a. Discovery Requests Should Not be Sent to the Court. All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought.

b. Discovery Disputes. If there are any discovery disputes, the parties are required to confer with one another to try 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 three pages and in accordance with Section 2 above, explaining the nature of the dispute and requesting an informal conference.
If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.

5. 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. Special Rule for Summary Judgment Motions. With respect to any deposition that is supplied in connection with a summary judgment motion, the index to the deposition should be included if it is available.

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

6. 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. In-person conferences will be held in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Centre Street / 40 Foley Square, New York NY. Absent a motion to dismiss, the Court will generally schedule an initial case-management conference within four months of the filing of the complaint. The Notice of Initial Pretrial Conference will be docketed on ECF and mailed to the pro se party or parties.

b. Incarcerated Parties. An incarcerated party may not be able to attend scheduled in-person 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 or otherwise participate in 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 Chambers at (212) 805-0190 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.

7. 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 must contain the following:
   i. a statement of the facts the plaintiff hopes to prove at trial;
   ii. a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and
   iii. 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.

i. 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.

ii. 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.

8. Use of Generative Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate.

Individual Rules and Practices in Criminal Cases

REVISED JANUARY 8, 2026

INDIVIDUAL RULES AND PRACTICES IN CRIMINAL CASES Dale E. Ho, United States District Judge

Chambers United States District Court Southern District of New York 40 Foley Square New York, NY 10007 (212) 805-0190 HoNYSDChambers@nysd.uscourts.gov
Courtroom Thurgood Marshall Courthouse 40 Foley Square, Courtroom 905

Courtroom Deputy Nicole Morales
(212) 805-6110

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 HoNYSDChambers@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.

e. Use of Generative Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

2. Communications with Chambers

a. Initial Pretrial Conference.

i. Scheduling. Upon assignment of a criminal case to Judge Ho, the Assistant United States Attorney (“AUSA”) shall immediately contact Chambers (at HoNYSDChambers@nysd.uscourts.gov) 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); (5) the criminal wheel from which it was drawn and (6) any other pertinent information.

ii. Brady Materials. At the initial pretrial conference and all conferences thereafter, the Government shall be prepared to address its ongoing duty to comply with its obligations to timely disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including as set forth in the standing order pursuant to Federal Rule of Criminal Procedure 5(f). Defense counsel may facilitate the Government’s compliance with its Brady obligations by making specific requests that the Government seek out, review, and/or produce certain evidence or information that defense counsel reasonably believes may contain, or is reasonably likely to lead to the discovery of, Brady material.

b. Letters and Letter-Motions.

i. 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 in accordance with Section 4 below, not ordinary letters.

ii. 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.

iii. Whether filed electronically or not, letters (together with any related exhibits) may not exceed ten pages in length. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

c. Telephone Calls. Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with Section 4. For questions that cannot be answered by reference to these Rules or for urgent matters requiring immediate attention, call Nicole Morales, Courtroom Deputy, at (212) 805-6110.

d. Faxes. Faxes to Chambers are not permitted without express prior permission.

e. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance (200 Worth Street, New York, NY 10007) of the Daniel Patrick Moynihan United States District Courthouse. 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.

i. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Section 4 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 9.)

ii. 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 (HoNYSDChambers@nysd.uscourts.gov) a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

iii. Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least two business days prior to the deadline or scheduled appearance and any request for adjournment of sentencing shall be made at least three business days 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. 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. Memoranda of Law. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five pages, and reply memoranda are limited to ten pages. All memoranda of law shall be in twelve-point font or larger, double spaced, and text-searchable. Memoranda of ten pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed.

c. 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.

5. Bail Modification or Appeal

a. Modification. Any 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. Appeal. A party who wishes to appeal an adverse bail determination by the

Magistrate Judge should contact Chambers to arrange a conference for that purpose.

i. The party that brings the appeal is directed to provide the Court no less than two business days 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, and a written submission in support of the appeal, which shall also be filed on ECF.

ii. The responding party shall file on ECF a written submission no less than one business day before the conference.

6. 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.

7. Trials

The parties should carefully review Judge Ho’s Individual Trial Rules and Procedures (available at https://nysd.uscourts.gov/hon-dale-e-ho).

8. Sentencing

a. Sentencing Adjournments. Any request for an adjournment of a sentencing should be made as early as possible, and no later than three business days before the sentencing proceeding, in accordance with Section 2(f) above.

b. Sentencing Submissions. Unless prior permission has been granted, sentencing memoranda are limited to twenty-five pages. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be served one week in advance of the date set for sentencing. If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect.

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.

9. 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”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.”
i. Parties should not include in their public filings, unless necessary, the five categories of “sensitive information,” i.e.,
• social security numbers (use the last four digits only);
• names of minor children (use the initials only);
• dates of birth (use the year only);
• financial account numbers (use the last four digits only); and
• home addresses (use only the City and State). ii. Parties may also redact from their public filings, without prior Court approval, the six categories of information requiring “caution” described in the Privacy Policy, i.e.,
• any personal identifying number, such as a driver’s license number;

• medical records (including information regarding treatment and diagnosis);
• employment history;
• individual financial information;
• proprietary or trade secret information; and
• information regarding an individual’s cooperation with the government.

b. 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. In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. c. 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 9(b) above.

iii. Emailing of Documents to Chambers. At the same time, the party should email to HoNYSDChambers@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 9(c)(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 email an unredacted copy of the submission to HoNYSDChambers@nysd.uscourts.gov and should include as an attachment to the email 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 9(b) 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.

10. Policy on Use of Electronic Devices

a. Personal 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 HoNYSDChambers@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.

b. Wi-Fi Access for Hearings and Trials. Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Ho’s Courtroom during a hearing or trial.
For further information, see Judge Ho’s Individual Practices for Hearings and Trials, available on the Court’s website (https://nysd.uscourts.gov/hon-dale-e-ho).

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