Judge Jennifer L. Rochon — United States District Court, Southern District of New York

Individual Rules of Practice in Civil Cases

Revised as of March 17, 2026

INDIVIDUAL RULES OF PRACTICE IN CIVIL CASES

JENNIFER L. ROCHON UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK

Chambers

Courtroom United States District Court

Courtroom 20B Southern District of New York

500 Pearl Street 500 Pearl Street, Room 1920

New York, NY 10007

Unless otherwise ordered, these Individual Practices apply to all civil matters before Judge Rochon, except to the extent they are inconsistent with Judge Rochon’s Individual Rules and Practices in Civil Pro Se Cases. If a case is designated by Order of the Court to be part of one of the Court’s pilot projects or plans (e.g., the Plan for Certain Section 1983 Cases Against the City of New York, the Pilot Project Regarding Case Management Techniques for Complex Civil Cases, or the Initial Discovery Protocols for Employment Cases Alleging Adverse Action), the procedures in such project or plan will govern to the extent that they are inconsistent with these Individual Practices.

1. Communications with Chambers

A. Letters and Letter Motions. Except as otherwise provided below, communications with the Court must be by letter. Letters must be filed electronically on the Electronic Case Filing system (“ECF”). Letters seeking relief (if consistent with the SDNY Local Rules and the SDNY ECF Rules and Instructions) should be filed on ECF as letter motions, not as ordinary letters.

Letters may not exceed three pages in length (exclusive of exhibits or attachments) without prior permission from the Court. Parties should not submit courtesy copies of letters filed on ECF. 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).

Letters to be filed under seal or containing sensitive or confidential information must be filed on ECF in conformity with the Court’s Standing Order, 19-MC-00583, and ECF Rules & Instructions, Section 6.

B. Telephone Calls. Telephone calls to Chambers are permitted only in emergency situations requiring immediate attention.

C. Faxes. Faxes to Chambers are not permitted.

D. Scheduling and Calendar Matters. For scheduling and calendar matters, email Chambers at RochonNYSDChambers@nysd.uscourts.gov. Technical questions pertaining to ECF filings should be directed to the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800.

E. Hand Deliveries. Hand-delivered mail should be taken to the Worth Street entrance of the Daniel Patrick Moynihan United States Courthouse, 200 Worth Street, New York, NY 10007, and may not be brought directly to Chambers (unless prior permission is given). Hand deliveries are continuously retrieved by Courthouse mail staff and then forwarded to Chambers. If the hand-delivered material 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. (If a request contains sensitive or confidential information, it may be filed on ECF in conformity with the Court’s Standing Order, 19-MC-00583, and ECF Rules & Instructions, Section 6.) The letter motion must state: (1) the original due date, the date or dates sought to be extended, and the new date the party now seeks through an adjournment or extension; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the parties are requesting an adjournment of a conference, they must also provide three mutually agreeable alternative dates. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Civil Case Management Plan and Scheduling Order must be attached. Absent extraordinary circumstances, requests for extensions will be denied if not made before the expiration of the original deadline. To be considered, extension requests must be made at least one business day prior to the deadline, absent unforeseen circumstances. If the request is for an adjournment of a court appearance, absent an emergency, the request must be made at least two business days prior to the scheduled appearance.

G. 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 (e.g., 11-cv- 01234 [rel. 10-cv-04321]).

H. ECF. In accordance with the ECF Rules & Instructions, all attorneys representing parties are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website

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

2. Conferences and Discovery

A. In Person Conferences. Unless the Court orders otherwise, all conferences will be held in person in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY. If counsel jointly requests that the conference be held remotely, they must, at least three business days before the conference, file a letter on ECF so requesting, with good cause shown.

B. Remote Conferences. At least 48 hours before a scheduled remote conference, the parties must file a joint letter to the Court on ECF containing a list of the names, telephone numbers, and email addresses of counsel who may speak during the conference. Absent permission of the Court, no more than two attorneys may speak on behalf of either party.

C. Participation by Junior Attorneys. The Court encourages the participation of less experienced attorneys in all proceedings – including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial – particularly where the attorneys played a substantial role in drafting the underlying filing or in preparing the relevant witness. The Court is amenable to permitting more than one attorney to argue for one party if this creates an opportunity for a junior attorney to participate. All attorneys appearing before the Court must have authority to bind the party that they represent consistent with the proceedings (for example, by agreeing to a discovery resolution or briefing schedule).

D. Initial Pretrial Conference. The Court will generally schedule a Federal Rule of Civil Procedure 16(c) conference within three months of the filing of the Complaint. The Notice of Initial Pretrial Conference will be docketed on ECF.
Plaintiff’s counsel (or, in removed actions, Defendant’s counsel) is responsible for promptly distributing copies of the Notice to all parties. At least ten days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at (https://nysd.uscourts.gov/hon-jennifer-l-rochon); and (2) a joint letter, not to exceed three pages, describing the case, any contemplated motions, and the prospect for settlement. When filling out the Civil Case Management Plan and Scheduling Order, download the form into Adobe Acrobat to complete it. Do not

fill out the form in your web browser. The Court encourages the participation of junior attorneys in the initial conference. At the initial conference, the Court will schedule a post-discovery pretrial conference to be held approximately one month after the close of discovery. The post-discovery pretrial conference will serve either as a pre-motion conference (in the event any party intends to move for summary judgment, see Section 3.I below) or as an opportunity to set a trial date and dates for pretrial submissions.

E. Discovery Disputes. The parties must follow SDNY 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 or by telephone, in an effort to resolve the dispute. The Court enforces this requirement in both counseled and pro se cases (except where not feasible, such as when the pro se litigant is incarcerated) and will not consider any discovery dispute where the moving party has not satisfied the good-faith conference requirement. The moving party should note that “good-faith conference” does not mean that it has merely sent its adversary a letter or email, to which the adversary has not yet responded. The Court expects that, at a minimum, the moving party will have called its adversary and made efforts to engage in a meaningful dialogue, in an attempt to resolve any discovery issues. If this meet-and-confer process does not resolve the dispute, the party must submit a letter motion to the Court on ECF, no longer than three pages (excluding exhibits), explaining the nature of the dispute, the legal standards governing the issue, and case law, if any, supporting the party’s position. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond to the letter, it must inform the Court within one business day that a responsive letter is forthcoming and file the letter within three business days. The same page limits and filing instructions apply. Reply letters are not permitted.

3. Motions

A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary-judgment motions, which are governed by Section 3.I below.

B. Motions to Dismiss. If a motion to dismiss is filed, the plaintiff has a right to amend its pleading under Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days. If the plaintiff amends its pleading as of right, the Court will dismiss the original motion to dismiss as moot.

C. Memoranda of Law. The Court encourages and appreciates brevity. Unless prior permission has been granted, 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. All memoranda of law must be in 12-point font or larger, including

footnotes, and must be double-spaced. Memoranda of 3,000 words or more must contain a table of contents, a table of authorities, and a certification of the word count, none of which will count against the word limit. All appendices to memoranda of law must be tabbed and indexed.

D. Unpublished cases. The parties need not provide copies of unpublished cases if the case is available on Westlaw or Lexis.

E. Filing of Motion Papers. Motion papers must be filed promptly after service.

F. Courtesy Copies. Two courtesy copies memorandum of law must be submitted via mail or hand delivery by the movant at the time that the reply is served, not by each party at the time of filing. The Court does not require courtesy copies of supporting declarations or exhibits. All courtesy copies must be labeled as such and should be double-sided, three-hole punched, and tabbed such that they can be placed in binders but the copies should not be submitted in binders. If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies are to be unredacted, but the portions redacted from public filings should be highlighted.

G. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed by placing “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law.
The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

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

I. Motions for Summary Judgment.

i. Pre-motion Conference. If a party wishes to move for summary judgment or to exclude expert testimony, it must, no later than three weeks before the post discovery pre-trial conference, request that the conference serve as a pre-motion conference. To so request, the moving party must file a letter on ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue. Other parties must respond two weeks before the conference. The Court will review and discuss with counsel any anticipated summary-judgment motions at the post-discovery pretrial conference.

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

iii. Rule 56.1 Statements. Any party moving for summary judgment must 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”). 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 its own, additional statements of material fact, it must 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 all Rule 56.1 Statements (other than the Joint statement) 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 a party’s Rule 56.1 Statement.

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

K. Preliminary Injunction Motions. If a hearing is held, the Court generally follows the procedure for the conduct of non-jury trials described in Section 5.C below.

L. Applications for a Temporary Restraining Order. A party must confer with his or her 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 (or in person 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 give notice of 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 that is 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.

O. Default Judgments. A plaintiff seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and SDNY Local Civil Rule 55.2. A plaintiff seeking a default judgment should not proceed by order to show cause. The motion must be supported by the following papers:

i. An attorney’s affidavit or declaration setting forth:

(a) The basis for entering a default judgment, including a description of the method and date of service of the summons and complaint;

(b) The procedural history beyond service of the summons and complaint, if any;

(c) 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;

(d) The proposed damages and the basis for each element of damages, including interest, attorney’s fees, and costs;

(e) Evidence in support of the proposed damages, including contemporaneous records and other such documentation; and

(f) Legal authority for why an inquest into damages is or is not unnecessary;

ii. A proposed default judgment;

iii. Copies of all the operative pleadings;

iv. A copy of the affidavit of service of the summons and complaint; and

v. If failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed.

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.

The Court will review the motion for default judgment and, if appropriate, issue an order setting a date and time for a default judgment hearing. If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the motion for default judgment and supporting papers; and (2) the Court’s order setting a date and time for the default judgment hearing. The plaintiff must file on ECF proof of such service on the docket in the manner and by the date specified in the Court’s order setting the default judgment hearing.

P. Proposed Orders. All proposed orders that parties wish the Court to sign should be filed in ECF as attachments or exhibits to an appropriate formal application to the Court seeking the endorsement of such order.

4. Other Pretrial Guidance

A. Cases Removed from State Court. Counsel for the party or parties that removed the case must follow 28 U.S.C. § 1446(a) and file a copy of the state court docket sheet within three calendar days of filing the notice of removal.
Counsel for all parties must file on ECF a notice of appearance in this Court promptly upon removal.

B. Redactions and Filing Under Seal.

i. Sealing / Redactions Not Requiring Court Approval. The parties are referred to Federal Rule of Civil Procedure 5.2 and the SDNY ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (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 the City and State only]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying 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), as described in the Privacy Policy, without Court approval.

ii. Sealing / Redaction Requiring Court Approval. Except for redactions permitted by Section 4.B.i, all redactions require Court approval. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). 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. See, e.g., Delta Air Lines, Inc. v. Bombardier, Inc., 462 F. Supp. 3d 354, 359 (S.D.N.Y. 2020); In re Gen. Motors LLC Ignition Switch Litig., Nos. 14-md-02543 (JMF), 14-mc- 02543 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

iii. Procedures for Filing Sealed / Redacted Documents. Any party seeking to file a document under seal or in redacted form must proceed as follows:

(a) Meet and Confer. The party seeking leave to file sealed or 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 under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party must notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the document.

(b) Sealed Document(s). Motions or letter motions for approval of sealed filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed on ECF in conformity with the Court’s Standing Order, 19-MC-00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf- related-instructions).

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed on ECF and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

The proposed sealed document must be contemporaneously filed under seal on ECF and electronically related to the motion. The summary docket text, but not the sealed

document, will be open to public inspection and should not include confidential information sought to be filed under seal.

(c) Redacted Document(s). Motions or letter motions for approval to file a document in redacted form must be filed on ECF in conformity with the Court’s Standing Order, 19-MC- 00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-related-instructions). The motion itself must 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 filing party must: (a) publicly file the document with the proposed redactions; and (b) file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be filed on ECF and related to the motion.

(d) Submission by Paper. Any party unable to comply with the requirement for electronic filing under seal on ECF, or who has reason to believe that a particular document should not be filed on ECF, must move for leave of the Court to file on paper.

C. Settlement Agreements. As soon as the parties reach an agreement to settle, the parties must email Chambers to alert the Court and file a joint letter on ECF promptly. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish 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 either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal. Settling parties in cases brought under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., should also refer to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).

D. 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 must include in their joint letter to the Court prior to the Initial Pretrial Conference the basis for that party’s belief that diversity of citizenship exists. Where any party is a corporation, the letter must 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 must identify and state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.

E. Bankruptcy Appeals. Briefs must be submitted in accordance with the Federal Rules of Bankruptcy Procedure unless otherwise ordered by the Court. Counsel may extend the default deadlines by joint stipulation submitted to the Court no later than two business days before the brief is due.

5. Trial Procedures

A. Joint Pretrial Order. Unless otherwise ordered by the Court, within 30 days from the Court’s decision on a summary judgment motion, the parties must file on ECF a proposed Joint Pretrial Order. The Joint Pretrial Order must include the information required by Federal Rule of Civil Procedure 26(a)(3) and the following:

i. The full caption of the action;

ii. The names, law firms, addresses, telephone numbers, and emails of trial counsel;

iii. A brief statement by plaintiff 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 must 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 must also identify all claims and defenses previously asserted which 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, without identifying which parties do or do not seek a jury trial;

vi. A brief joint statement summarizing the nature of the case (one or two paragraphs), that may be read to potential jurors during jury selection;

vii. A joint 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 as to whether or not 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

stipulations or agreed statements of fact 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 may testify only once (with 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. In addition to a designation list, the parties must provide the complete deposition transcript with color-coded highlighting indicating the portions designated by either party and the objections listed in the margins;

xii. A list by each party of exhibits to be offered in its case in chief, with one asterisk indicating an exhibit to which a party objects on the grounds of authenticity and two asterisks indicating an exhibit to which a party objects to the admissibility of the exhibit. If a party objects to an exhibit, the objection should be noted by indicating the grounds for the objection, with citations to the Federal Rule of Evidence and any other authority.
Objections not made will be waived. If any party believes that the Court should rule on the objection in advance of trial, that party should include a notation to that effect (e.g., “Advance Ruling Requested”) as well. In most cases, the Court will rule on relevance and authenticity objections at the time of trial;

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;

xiv. A statement of whether the parties consent to less than a unanimous verdict; and

xv. A statement confirming that the parties have submitted all pretrial submissions and courtesy copies required herein.

B. Additional Required Pretrial Submissions in Jury Cases. Unless otherwise ordered by the Court, at the time the joint pretrial order is filed in a jury case, the parties must:

i. File and serve motions addressing any evidentiary issues or other matters

which should be resolved in limine. Motions in limine are limited to 8,750 words. Opposition papers, no longer than 8,750 words, shall be filed within seven days. No replies are permitted. 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;

ii. File and serve a pretrial memorandum of law no longer than 3,500 words in cases where a party believes it would be useful to the Court.
Opposition to any pretrial memorandum, if any, may be no longer than 3,500 words and filed and served within seven days of any opening memoranda;

iii. File and serve joint proposed jury instructions, verdict form, and voir dire questions. These joint submissions must consist of single documents, jointly composed, noting any areas of disagreement between the parties. The voir dire questions and jury instructions must include both the text of any requested question or instruction as well as a citation, if available, to the authority from which it derives. These documents should also be submitted by email to Chambers in Microsoft Word format;

iv. Submit to the Court and serve on opposing counsel, but do not file on ECF, all documentary exhibits and demonstratives. All exhibits should be premarked using consecutive numbers and not letters. The Court must be provided with an electronic copy of all exhibits. The parties must provide the Court with a hard copy and Microsoft Word document listing all exhibits sought to be admitted. The list must contain four columns labeled as follows: (1) “Exhibit No.”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties must complete the first two columns, but leave the third and fourth columns blank, for use by the Court. Counsel must make certain that they retain custody of all original exhibits. Demonstratives that will not be introduced into evidence need not be listed, but must be shared with the Court and opposing counsel. The Court does not retain exhibits or demonstratives and is not responsible for them.

C. Additional Required Pretrial Submissions in Non-Jury Cases. Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, the parties must:

i. File and serve motions addressing any evidentiary issues or other matters which should be resolved in limine. Motions in limine are limited to 8,750 words. Opposition papers, no longer than 8,750 words, may be filed within seven days. No replies are permitted. 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;

ii. File and serve a pretrial memorandum of law no longer than 3,500 words in cases where a party believes it would be useful to the Court. Opposition to any pretrial memorandum, if any, may be no longer than 3,500 words and filed and served within seven days of any opening memoranda;

iii. File and serve 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. 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;

iv. Submit to the Court and serve on opposing counsel, but do not file on ECF, 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 must include page citations to the pertinent pages of the deposition transcripts; and

v. Submit to the Court and serve on opposing counsel, but do not file on ECF, all documentary exhibits and demonstratives. All exhibits should be premarked using consecutive numbers and not letters. The Court must be provided with an electronic copy of exhibits. The parties must provide the Court with a hard copy and Microsoft Word document listing all exhibits sought to be admitted. The list must contain four columns labeled as follows: (1) “Exhibit No.”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties must complete the first two columns but leave the third and fourth columns blank for use by the Court. Counsel must make certain that they retain custody of all original exhibits. Demonstratives that will not be introduced into evidence need not be listed, but must be shared with the Court and opposing counsel. The Court does not retain exhibits or demonstratives and is not responsible for them.

D. Courtesy Copies. Two courtesy copies of all documents identified in Sections 5.A-C above should be submitted to Chambers via mail or hand delivery on the date on which they are to be served or filed, except that counsel should submit exhibits only in electronic form.

E. Final Witness List. Two business days before trial is scheduled to begin, the parties must jointly file a final list of all trial witnesses in the form provided by the Court’s Individual Rule 5.A.x.

F. Jury Selection. The jury will be selected by the struck panel method.

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. In the ordinary case, there will be a voir dire of 13-14 panelists, depending on the length of the trial. After and during the voir dire, the Court will determine whether there are any challenges for cause. Each panelist removed for cause will be replaced, so that there is a full panel before any peremptory challenges are exercised.

ii. Next, peremptory challenges are exercised against the panelists who compose the potential members of the regular jury, that is, against the 13-14 panelists. Peremptory challenges will be exercised alternatively, with Plaintiff(s) and Defendant(s) each providing the Court with their peremptory challenges. After each side exercises their 3 peremptory challenges, the remaining jurors will constitute the jury. There shall be no alternate jurors in civil cases. If a party does not wish to exercise one or more of their challenges, the unchallenged 7-8 jurors with the lowest numbers shall constitute the jury, again depending on the length of the trial.

6. Policy on the Use of Electronic Devices

A. Electronic Devices in the Courthouse. Attorneys’ use of electronic devices (including mobile telephones, personal electronic devices, computers, and printers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468, available at https://nysd.uscourts.gov/forms/standing- order-electronic-devices-general-purpose. Counsel seeking to bring a device into the Courthouse for an appearance must, at least three business days before the appearance, file a letter (not letter motion) and completed Electronic Devices General Purposes Form, available at https://nysd.uscourts.gov/forms/fillable- form-electronic-devices-general-purpose. If WiFi is requested, counsel must check the appropriate box on the form. If electronic devices are permitted inside the Courtroom, they MUST be kept silent at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

B. Technology Walk-Through. Prior to an evidentiary hearing or trial, counsel should contact Chambers by phone to coordinate a time for a technology walk- through of the Courtroom and then contact the Audio and Visual Department at 212-805-0134 to schedule the walk-through. If counsel seek to bring an electronic device to the walk-through or appearance, they must first complete the steps required by the Court’s Individual Rule 6.A.

Civil Case Management Plan and Scheduling Order (Fillable)

Revised as of March 17, 2026 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -against- -cv-___ (JLR) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER JENNIFER L. ROCHON, United States District Judge: This Civil Case Management Plan (the “Plan”) is submitted by the parties in accordance with Federal Rule of Civil Procedure 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 Proposed Case Management Plan and Scheduling Order, the parties shall submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.]
2. The parties [have ____/ have not ___] conferred pursuant to Federal Rule of Civil Procedure 26(f).
3. The parties [have ____/ have not ___] conferred about the basis of subject-matter jurisdiction and agree that subject-matter jurisdiction exists.
4. Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) shall be completed no later than ___________________. [Absent exceptional circumstances, a date not more than 14 days after the parties’ conference pursuant to Federal Rule of Civil Procedure 26(f).]
5. Unless a party amends a pleading as a matter of course pursuant to Federal Rule of Civil Procedure 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, date not more than 30 days following the date of this Order.] Plaintiff(s), Defendant(s).

Revised as of March 17, 2026 6. Fact Discovery:

a. Initial requests for production of documents shall be served no later than ___________________.

b. Interrogatories shall be served no later than ___________________.

c. Requests to admit shall be served no later than ___________________.

d. Depositions shall be completed no later than ___________________.

e. 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 unique complexities or other exceptional circumstances.]

f. Any of the deadlines in paragraphs 6(a)-(d) 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 6(e).

7. Expert Discovery, if any:

a. Plaintiff’s expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2) shall be made no later than __________________________.

b. Defendant’s expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2) shall be made no later than __________________________.

c. All expert discovery, including expert reports and depositions, shall be completed no later than _____________________. [Absent exceptional circumstances, date no later than 45 days from the end of fact discovery deadline set forth in paragraph 6(e).]

d. The interim deadlines in paragraphs 7(a)-(b) 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 7(c).

8. [If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than __________________.

9. All motions and applications shall be governed by the Court’s Individual Rules and Practices in Civil Cases, the Federal Rules of Civil Procedure, and the Local Rules of the United States District Courts for the Southern District of New York. Any extensions of

Revised as of March 17, 2026 the dates therein must be approved by the Court. 10. Any discovery disputes shall be addressed according to Section 2.E of the Court’s Individual Rules and Practices in Civil Cases. 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. The Court recognizes, however, that different cases may require different protocols.] 12. 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).] 13. 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).] 14. All discovery must be completed no later than ___________________. [This date should be the later of the dates in paragraphs 6(e) and 7(c) above.] 15. 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

Revised as of March 17, 2026 conference to be held before the designated Magistrate Judge. The letter should not identify, explicitly or implicitly, any party that has declined to so consent. The use of any alternative dispute resolution mechanism does not stay or modify any date of this Order. 16. The Court will conduct a post-discovery pre-trial conference on __________________ at __________. [To be completed by the Court.] No later than one week in advance of the conference, the parties are to submit a joint two-page letter updating the Court on the status of the case, including proposed deadlines for pretrial submissions and trial dates. This conference will either serve as a pre-motion conference or will be used to set a trial date and dates for pretrial submissions. If a party wishes to move for summary judgment or to exclude expert testimony, it must, no later than three weeks before the conference, file a letter as set forth in Section 3.I of the Court’s Individual Rules and Practices in Civil Cases, and any response letter shall be filed no later than two weeks before the conference. 17. Unless otherwise ordered by the Court, the parties shall submit a Joint Pretrial Order prepared in accordance with Federal Rule of Civil Procedure 26(a)(3) and other pretrial submissions pursuant to the Court’s Individual Rules and Practices in Civil Cases within 30 days of any decision on a summary judgment motion. 18. 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. 19. The case [is ___/ is not ___] to be tried to a jury. 20. Counsel for the parties have conferred and their best estimate of the length of trial is _____________. 21. Settlement discussions [have ______ / have not ______] taken place. a. [If applicable] Counsel have discussed an informal exchange of information in aid of early settlement and have agreed upon disclosure of the following information within ______________ days/weeks:

b. If the case has not already been referred for settlement, at the time of this order, counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case (check any and all that apply):

Immediate referral to the District’s Mediation Program

Immediate referral to the designated Magistrate Judge

Referral to the District’s Mediation Program for a settlement conference [during/after] the close of [fact/expert/all] discovery

Revised as of March 17, 2026

Referral to the designated Magistrate Judge for a settlement conference [during/after] the close of [fact/expert/all] discovery

Other: __________________________________________________ 22. Other issues to be addressed at the Initial Case Management Conference, including those set forth in Federal Rule of Civil Procedure 26(f)(3), are set forth below:

23. Counsel for the Parties:

24. The next case management conference is scheduled for ___________________ at _______________. [To be completed by the Court.] This Order may not be modified or the dates herein extended, except by further Order of the Court for good cause shown (except as provided in paragraphs 6(f) and 7(d)). Any application to modify or extend the dates herein shall be made in a written application in accordance with the Court’s Individual Rules and Practices and shall be made no less than two business days prior to the expiration of the date sought to be extended. Dated: New York, New York SO ORDERED. JENNIFER L. ROCHON United States District Judge

Individual Rules of Practice in Civil Pro Se Cases

Revised as of March 17, 2026 INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES JENNIFER L. ROCHON UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK

Pro Se Office United States District Court Southern District of New York 500 Pearl Street New York, NY 10007

Unless otherwise ordered, these Individual Practices apply to all civil pro se cases. Pro se parties must also comply with the applicable Federal Rules of Civil Procedure, and the SDNY Local Rules (available at http://nysd.uscourts.gov/courtrules.php). The Court’s website also contains useful information regarding the litigation process for parties who are proceeding pro se. The Court recommends that pro se litigants take advantage of that resource, which is available at (https://nysd.uscourts.gov/forms?field_form_category_target_id=22&title=&sort_b%E2% 80%A6).

Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by email) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, visit the following link for instructions on how to do so https://nysd.uscourts.gov/forms/consent-electronic-service-pro-se-cases.

1. Communications with Chambers

A. By a Pro Se Party. All communications with the Court by a pro se party should be delivered in person or by mail. If delivered in person, the litigant should go to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, Room 205, New York, NY 10007. For delivery by mail, the envelope should be addressed to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, New York, NY 10007. No documents or court filings may be sent directly to Chambers.
Pro se parties should not call or email Chambers and should communicate directly with the Pro Se Intake Unit. 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 Electronic Case Filing system (“ECF”). If any other party is not a user of ECF (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.

B. By Parties Represented by Counsel. Except as otherwise provided below, communications with the Court by a represented party shall be governed by Judge Rochon’s Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jennifer-l-rochon.

C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing to the Pro Se Intake Unit, 500 Pearl Street New York, NY 10007 and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court. If the requested adjournment or extension affects any other scheduled dates, a represented party must submit a proposed Revised Scheduling Order in accordance with Judge Rochon’s Individual Rules and Practices in Civil Cases. A pro se party may, but is not required to, submit a proposed Revised Scheduling Order. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be directed to that assigned Magistrate Judge. Absent an emergency, any request for an extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance.

2. Filing of Papers and Service

A. Papers Filed by a Pro Se Party. All papers to be filed with the Court by a pro se party, along with one courtesy copy of those papers, shall be delivered in person or by mail to the Pro Se Intake Unit, 500 Pearl Street, New York, NY 10007.

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

B. Service on a Pro Se Party. 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.

3. 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.

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 three pages and in accordance with Section 1 above, 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 three pages.

4. Motions

A. Filing and Service. Unless otherwise ordered by the Court, opposing papers must be served and filed within two weeks of service of the motion papers, and reply papers, if any, must be served and filed within one week of receipt of opposition papers.

B. Courtesy Copy. One courtesy hard copy of all formal motion papers, marked as such, should be submitted to Chambers by the non-pro se party at the time the reply is due. Courtesy copies should not be submitted to Chambers at the time of filing. If all the parties are pro se, then no courtesy copies of formal motion papers are required.

C. Pre-Motion Submissions. Pre-motion submissions are not required from pro se parties for any motions.

D. Oral Argument. Unless otherwise ordered by the Court, argument will not be heard in pro se matters.

E. 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 SDNY Local Civil Rules 12.1 or 56.2, as applicable.

5. Trial Documents

A. Pretrial Statement. Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se plaintiff shall file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following: (1) a statement of the facts 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

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. The pro se plaintiff shall file an original, plus one courtesy copy, of this Statement with the Pro Se Intake Unit and serve a copy on all defendants or their counsel if they are represented. The original Statement must include a certificate stating the date a copy was mailed to the attorney for the defendant. 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 email these documents to the Court 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 email.

6. Other

Pro se parties are advised that there is a Pro Se Law Clinic available to assist self- represented parties in civil cases. The Clinic may be able to provide a pro se party with advice in connection with their 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 self-represented party through the Pro Se Intake Unit). Litigants in need of legal assistance should complete the City Bar Justice Center’s intake form to make an appointment. If a litigant 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.

Individual Rules of Practice in Criminal Cases

Revised as of March 17, 2026

INDIVIDUAL RULES OF PRACTICE IN CRIMINAL CASES

JENNIFER L. ROCHON UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK

Chambers

Courtroom United States District Court

Courtroom 20B Southern District of New York

500 Pearl Street 500 Pearl Street, Room 1920

New York, NY 10007

1. Electronic Case Filing (ECF)

Counsel are required to register promptly for the Electronic Case Filing system (“ECF”) after being retained or assigned. Counsel can obtain instructions on how to register at http://www.nysd.uscourts.gov/ecf_filing.php.

2. Communications with Chambers

A. Initial Pretrial Conference. Upon assignment of a criminal case to Judge Rochon, 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 to the Chambers email address (RochonNYSDChambers@nysd.uscourts.gov). 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. Communications with Chambers shall be by letter, filed on ECF, unless there is a request to file a letter under seal or a letter containing sensitive or confidential information. Copies of correspondence between counsel shall not be sent to the Court. C. Telephone Calls. Telephone calls to Chambers should be reserved only for urgent matters.

D. Faxes. Faxes to Chambers are not permitted.

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 Sections 2.B and 4.A, not as ordinary letters.

(If a request contains sensitive or confidential information, it may be submitted by email to the Chambers email address in lieu of being filed electronically.) The letter-motion must state: (1) the original date(s); (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. The parties should address any exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, along with its request for adjournment or extension, if requested.

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.

F. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse, 200 Worth Street, New York, NY 10007 and may not be brought directly to Chambers, except by representatives of the United States Attorney’s Office or the Federal Defenders of New York. 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.

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

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. The Court will schedule a conference and 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

A. Bail Modification. 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. Bail 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. 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 / Cooperation Agreements and Pimentel Letters. The Government shall provide a courtesy 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 at, or prior to, the time set for the plea. The defendant should 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

A. Pretrial Submissions. The Court’s practice is to enter an order scheduling a final pretrial conference and setting deadlines for the submission of requests to charge, proposed voir dire, proposed verdict forms, and any motions in limine. At the time of filing, each party shall email to Chambers and supply Chambers with two courtesy hard copies of these materials in .pdf and, with the exception of in limine motions, Microsoft Word format. Absent good reason, the parties should not include proposed language for standard instructions (about, for example, the role of the Court and the jury, the standard of proof, etc.), as the Court is likely to use

its own standard instructions; instead, the parties should include a list of standard instructions that they believe are appropriate and focus their attention on case- specific requests to charge.

B. Exhibits and Section 3500 Material. Before trial, each party shall email to the Court a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit No.”; (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, for use by the Court. The parties shall provide the Court with a flash drive containing electronic .pdf copies of all exhibits and 3500 material.
Counsel shall make certain that they retain custody of all original exhibits.

C. Expert Disclosures. Unless otherwise ordered by the Court, the Government shall make its expert disclosures 60 days before trial and the defendant shall make its expert disclosures 30 days before trial.

D. Sidebars. Sidebars during jury trials are discouraged. Counsel are expected to anticipate any problems that may require argument and to raise those issues with the Court in advance of the time that the jury will be hearing the evidence.

E. Jury Selection. The jury will be selected by the struck panel method.

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. In the ordinary case with two alternative jurors, there will be a voir dire of 32 panelists. After and during the voir dire, the Court will determine whether there are any challenges for cause. Each panelist removed for cause will be replaced, so that there is a full panel before any peremptory challenges are exercised.

ii. Next, peremptory challenges are exercised against the panelists who compose the potential members of the regular jury, that is, against the first 28 panelists. Peremptory challenges will be exercised simultaneously, with the Government and the defendant(s) each submitting a written list of the 6 and 10 panelists respectively, that they wish to excuse. Any overlap among the lists of challenges will not result in parties receiving additional challenges. The 12 jurors will be selected starting with the unchallenged juror with the lowest number. For example, if there was an overlap, the 15 challenged panelists would be excused and the first 12 of the remaining 13 would be seated. The thirteenth juror, that is the unchallenged juror with the highest number, would also be excused.

iii. Finally, peremptory challenges are exercised against the panelists who compose the potential alternate jurors, that is against panelists 29-32.
Again, peremptory challenges will be exercised simultaneously. In the event of an overlap in challenges, the alternate jurors will be those with the lowest numbers. 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.E above.

B. Sentencing Submissions. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served on the Government and emailed to Chambers no later than two weeks before the date set for sentencing. Unless prior permission has been granted, sentencing memoranda are limited to 25 pages (exclusive of exhibits or attachments). The Government’s sentencing submission shall be served on the defendant and emailed to Chambers no later than one week before 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. Letters. 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.

D. Privacy Policy. The Court assumes that every document in a sentencing submission, including letters, will be filed through the ECF system. For this reason, the parties are referred to the E-Government Act of 2002 and the SDNY’s ECF Privacy Policy (“Privacy Policy”) and reminded not to 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]).

E. Redactions. If any material is redacted from a publicly filed document, the party shall highlight the redacted portions and email a copy of the unredacted material to Chambers for filing under seal.

i. Redactions Not Requiring Court Approval. Parties may redact the five categories of “sensitive information” and the seven 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, without Court approval.

ii. Redactions Requiring Court Approval. If a party redacts information beyond the 12 categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

8. Policy on the Use of Electronic Devices.

A. Electronic Devices in the Courthouse. Attorneys’ use of electronic devices (including mobile telephones, personal electronic devices, computers, and printers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468, available at https://nysd.uscourts.gov/forms/standing- order-electronic-devices-general-purpose. Counsel seeking to bring a device into the Courthouse for an appearance shall, at least three business days before the appearance, file a letter (not letter motion) and completed Electronic Devices General Purposes Form, available at https://nysd.uscourts.gov/forms/fillable- form-electronic-devices-general-purpose. If WiFi is requested, counsel shall check the appropriate box on the form. If electronic devices are permitted inside the Courtroom, they MUST be kept on silent at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

B. Technology Walk-Through. At least two weeks prior to an evidentiary hearing or trial, counsel should contact Chambers by phone to coordinate a time for a technology walk-through of the Courtroom and then contact the Audio and Visual Department at 212-805-0134 to schedule the walk-through. If counsel seek to bring an electronic device to the walk-through or appearance, they must first complete the steps required by the Court’s Individual Rule 8.A.

View source on SDNY.uscourts.gov →