Hon. James R. Cho — Individual Rules of Practice

Individual Practices of

Magistrate Judge James R. Cho

United States District Court

Eastern District of New York

225 Cadman Plaza East

Brooklyn, New York 11201

Courtroom

11-D South Courtroom Deputy: Saudia Gillespie-Cardo

Chambers

Room 1227 South 718-613-2114 (Courtroom Deputy)

718-613-2110 (Chambers)

Email

cho_chambers@nyed.uscourts.gov

Updated 8/17/2026

The United States District Court for the Eastern District of New York is a teaching court,

and the Court encourages opportunities for law students and junior attorneys to appear and argue

in Court accompanied and supervised by a more experienced attorney. The Court will freely

grant requests for leave for law students to argue, and the Court will permit multiple attorneys to

argue for one party if this creates an opportunity for junior attorneys to participate.

Unless otherwise ordered by Judge Cho in a specific case and subject to the Individual

Practices and Rules of the assigned District Judge, if any, matters will be conducted pursuant to

the following practices:

A. ECF and Communication with Chambers

1. Parties should primarily communicate with the Court through the Case

Management/Electronic Case Files (“ECF”) program. Each attorney of record

must file a Notice of Appearance as to each represented party and must register to

receive ECF notifications before filing any motions, letters, or other documents.

Attorneys will receive notification of all Court orders electronically.

2. Filing. All documents must be filed electronically on ECF, except as stated below

or otherwise directed by the Court.

3. Letters. All communications with Chambers shall be made by letter with copies

simultaneously delivered to all parties. The Court will not consider any ex parte

correspondence, except settlement letters (see specific rules below). If relief is

sought from the Court, the application may be in the form of a letter, but must be

filed using the “Motions” event.

4. Telephone Calls. Telephone calls to Chambers are permitted only in emergency

situations requiring immediate attention, such as when a ruling is needed during

the course of a deposition (see specific rules below). All adjournment requests

must be filed on ECF. Adjournment requests will not be considered telephonically

or by email.

5. Email. Emails are permitted only for sending ex parte settlement statements to

Chambers (see specific rules below), or as otherwise directed by the Court.

B. Pro Se Litigants

1. Pro se litigants are exempt from ECF requirements, but may request permission

to file documents and receive notices electronically.

2. Counsel in cases involving pro se litigants must send copies of documents filed

on ECF to the pro se party, and file proof of service on ECF.

3. Pro se litigants are directed to make any filings via hand delivery or U.S. mail to

the designated “Pro Se clerk” in the Clerk’s office, to the attention of Judge Cho

and the presiding District Judge, if any, and by delivering a copy to the attorney

for the opposing party.

4. Court orders will be provided to pro se litigants by U.S. mail, unless otherwise

directed by the Court. Pro se litigants must keep current contact information on

file with the Court.

5. Pro se litigants are encouraged to contact the Pro Se Office for any case-related

questions at 718-613-2665.

C. Requests for Adjournments or Extensions of Time

1. A request for adjournment or for extension of time must be filed on ECF as a

“Motion” and not as a “Letter.”

2. Please include the following information with any adjournment or extension

request: (1) the appearance date or deadline you wish to adjourn or extend; (2) the

number of previous requests for adjournment or extension (by you or anyone

else); (3) whether those previous requests were granted or denied; (4) whether the

other party or parties consent (including any reasons given for withholding

consent); and (5) whether the request affects any other scheduled Court

appearance or deadline.

3. To the extent a party seeks to adjourn a Court conference, if appropriate, the party

shall propose mutually convenient date(s) for the re-scheduled conference.

4. If the requested adjournment or extension affects any other Court appearance or

deadline, the parties should include a proposed revised schedule with the request.

5. If the request is for an adjournment of a Court appearance, absent an emergency,

it shall be made at least two business days prior to the scheduled appearance.

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D. Conferences

1. Counsel shall appear promptly for all conferences. Counsel appearing before the

Court must be prepared and authorized to discuss (1) the parties’ progress in the

case; (2) scheduling of further proceedings; and (3) the possibility of settlement

and status of any settlement discussions.

2. Initial Conference. Pursuant to Fed. R. Civ. P. 26(f), the parties must meet and

confer prior to the Initial Conference to discuss the nature and basis of their

claims and defenses, the possibilities for a prompt settlement, and a proposed

discovery plan. Two business days before the Initial Conference, the parties must

file on ECF a joint, proposed discovery plan, that includes proposed deadlines for

the following items: (1) exchange of initial disclosures, if not already completed;

(2) amendment to pleadings; (3) joinder of parties; (4) completion of fact

discovery; (5) completion of expert discovery, if applicable; and (6)

commencement of dispositive motion practice, if applicable (subject to the

Individual Practices and Rules of the presiding District Judge, if any). In the event

the parties are unable to reach agreement on any of the deadlines in the proposed

discovery plan, the parties should note any areas of disagreement in the joint

submission. To help guide the parties, a form proposed discovery plan can be

found on Judge Cho’s website.

The parties also should indicate whether they consent to trial before a magistrate

judge pursuant to 28 U.S.C. § 636. Navigate to

http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf to locate the

fillable consent form AO 85. The form must be signed by all parties and filed

electronically.

3. Settlement Conferences. A party or representative (other than outside counsel)

familiar with the matter possessing full settlement authority and the attorney

responsible for handing the matter must attend the settlement conference unless

the Court orders otherwise. At least seven days prior to the settlement conference,

unless otherwise directed, the parties shall submit to Chambers by email

(cho_chambers@nyed.uscourts.gov) ex parte settlement letters that address the

following: (1) the status of settlement discussions; (2) the last demand and offer

made, if any; (3) the strengths and weaknesses of the case; and (4) any

information that may assist the Court in helping the parties resolve the matter. The

parties are encouraged to discuss settlement prior to submission of the ex parte

letters. The ex parte letters shall be limited to 1,750 words (approximately 5

pages), not including exhibits.

E. Confidentiality Orders. To assist the parties, the Court has provided a form

confidentiality order that the parties may submit to the Court for approval to protect the

confidentiality of information exchanged in discovery. The form confidentiality order

may be downloaded from Judge Cho’s website. If necessary and the parties deem

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appropriate, the parties may submit to the Court both a redlined version identifying the

proposed changes, the reason for the changes, and a clean version of the proposed

confidentiality order for the Court to adopt.

F. Motions

As a general matter, and unless otherwise directed by the presiding District Judge, if any,

all non-dispositive pretrial motions, including discovery motions, are to be made to Judge

Cho.

1. Pre-Motion Conferences. Pre-motion conferences are generally not required for

motions submitted to Judge Cho, except in cases where all parties have consented

to Judge Cho. See section F.7 below.

2. Litigants shall make discovery or other non-dispositive motions by letter motion,

pursuant to Local Civil Rule 7.1(e), and shall be filed on ECF as a “Motion,” not

as a “Letter.”

3. Discovery Motions. Parties must make a good faith effort to resolve disputes

before making any discovery motion. In the event the parties are unable to resolve

a discovery dispute, the parties must write to the Court and describe their dispute

in a single letter, jointly composed. Each party’s portion of the joint submission

shall be limited to 1,050 words (approximately 3 pages). See Local Civil Rule

37.2. In the event parties are unable to agree upon a single, joint letter, the parties

may submit separate letters, but must demonstrate good cause why they were

unable to submit a joint letter. The parties shall adhere to the meet and confer

requirements set forth in Fed. R. Civ. P. 37(a)(1), and should describe those

efforts in their submission. After submission of the joint letter, the Court may

schedule a conference to discuss the dispute. If the dispute cannot be resolved

during the conference, the Court may order the parties to brief a motion to compel

or for a protective order. The parties should not file any discovery materials on

ECF unless necessary for the joint letter or Court-ordered discovery motion.

5. Other Non-Dispositive, Non-Discovery Pretrial Disputes. For other non-

dispositive, non-discovery pretrial disputes, the parties must first make good faith

efforts to resolve the disputes prior to seeking the Court’s intervention. Parties are

encouraged to make non-dispositive motions by letter. Parties seeking judicial

resolution of such issues should comply with Local Civil Rule 7.1(e), as

applicable. The Court expects parties to exercise judgment as to the length of the

letter motion. If necessary, after submission of the letter motion, the Court may

advise the moving party to file a formal motion pursuant to Local Civil Rules 6.1

and 7.1.

6. Dispositive Motions. Dispositive motions, such as motions to dismiss and

motions for summary judgment, must be made to the presiding District Judge in

accordance with his or her Individual Practices and Rules, unless the parties have

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consented to Judge Cho for all purposes in accordance with 28 U.S.C.

§ 636(c)(1).

Parties wishing to consent to the Judge Cho’s jurisdiction for a particular

dispositive motion, should complete and file the following form:

https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-

dispositive-motion-magistrate-judge.

7. Where the parties have consented to Judge Cho for all purposes, the following

rules apply to dispositive motions only:

a. Pre-motion conference

(i) Parties must request a pre-motion conference before filing any

motion pursuant to Rules 12 or 56 of the Federal Rules of Civil

Procedure.

(ii) To request a pre-motion conference, the moving party shall file

and serve a letter, not to exceed 1,050 words (approximately 3

pages) setting out the bases for the anticipated motion. Service of

that letter within the time requirements of Rules 12 or 56 of the

Federal Rules of Civil Procedure shall constitute timely service of

a motion made pursuant to those provisions. The parties shall meet

and confer in advance and include in the letter a proposed briefing

schedule.

(iii) All parties served with the moving party’s pre-motion-conference

letter are required to serve and file a letter response within 7 days

of service of the moving party’s letter. The response shall not

exceed 1,050 words (approximately 3 pages).

(iv) The Court may exercise its discretion to construe the pre-motion

letter, along with arguments at the pre-motion conference, as the

motion itself.

b. Memorandum of Law. The Court expects parties to exercise judgment as

to the length of memoranda (including opposition briefs and replies).

Memoranda of 10 pages or more shall contain a table of contents. All

memoranda must use one-inch margins, double spacing, and all text must

be 12-point type or larger, except for text in footnotes which may be 10-

point type. Legal arguments must be set forth in a memorandum of law

rather than in affidavits, affirmations, or declarations. See Local Civil

Rule 7.1.

c. Oral Argument. To the extent any party requests oral argument, the party

shall note “Oral Argument Requested” in the caption of the Notice of

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Motion or the opposing memorandum.

8. Motions Implicating Fed. R. App. P. 4(a) or Similar Time Limiting Rules: If any

party concludes in good faith that delaying the filing of a motion, in order to

comply with any aspect of these Individual Practices, will deprive the party of a

substantive right, the party may file the motion within the time required by the

Federal Rules of Civil or Appellate Procedure, together with an explanation of the

basis for the conclusion.

G. Disputes During Ongoing Depositions

1. Parties encountering deposition problems should first make every effort to resolve

the dispute among themselves consistent with the rules regarding discovery

disputes.

2. In the event the parties are unable to reach a satisfactory resolution, the parties are

directed to contact Chambers immediately by telephone with all parties on the

line. The Court will either resolve the matter or instruct the parties to move on to

other issues in the deposition until such time as the Court can address the dispute.

3. To the extent practical, the parties should continue the deposition while waiting

for the Court to address the areas in dispute. Under no circumstances should the

parties discontinue the deposition without first attempting to contact the Court.

H. Interpreter Services

Interpreter services are generally not provided by the Court in civil cases. If a party

speaks a language other than English, the party must make his or her own arrangement to

conduct his or her case in English. A party may bring an English-speaking friend or

family member to Court conferences. However, persons acting as interpreters must

translate exactly what is said; they may not speak for or advocate for the party.

I. Filings Prior to Trial

1. Pretrial Orders in Cases to be Tried by the District Judge. The parties must file a

proposed joint pretrial order in the format prescribed by the presiding District

Judge on or before the deadline set by the Court or as set forth in the presiding

District Judge’s Individual Practices and Rules.

2. Consent Cases before Judge Cho for All Purposes.

a. Joint Pretrial Orders. In consent cases assigned to Judge Cho for trial, on

or before the deadline set by the Court, the parties shall submit a proposed

joint pretrial order that includes the following:

(1) The full caption of the action.

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(2) The names, addresses (including firm names), telephone number,

and email addresses of trial counsel.

(3) 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

shall include citations to all statutes relied on and relevant facts as

to citizenship and jurisdictional amount.

(4) A brief summary by each party of the claims and defenses that

party has asserted that remain to be tried, without recital of

evidentiary matter but including citations to all statutes relied on.

Such summaries shall identify all claims and defenses previously

asserted that are not to be tried.

(5) A statement by each party as to whether the case is to be tried with

or without a jury, and the number of trial days needed.

(6) Any stipulations or agreed statements of fact or law that have been

agreed to by all parties.

(7) A list of the names and addresses of all witnesses, including

possible witnesses who may be called only for impeachment or

rebuttal purposes and so designated, together with a brief narrative

statement of the expected testimony of each witness. Only listed

witnesses will be permitted to testify except when prompt notice

has been given and good cause shown.

(8) A designation by each party of those portions of any deposition

testimony to be offered in its case in chief, with any cross-

designations and objections by any other party.

(9) Exhibits

(a) A schedule listing exhibits to be offered in evidence and, if

not admitted by stipulation, the party or parties that will be

offering them. The schedule should also separately include

exhibits that the party knows or anticipates prior to trial it

may offer for impeachment or rebuttal purposes. The

parties will list and briefly describe the basis for any

objections that they have to the admissibility of any

exhibits to be offered by any other party. Parties are

expected to resolve before trial all issues of authenticity,

chain of custody and related grounds. Only exhibits listed

will be received in evidence, except for good cause shown.

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(b) All exhibits must be pre-marked for the trial, exchanged

with the other parties, and delivered to the Court two weeks

before trial, or sooner if directed by the Court. Where

exhibits are voluminous, they should be placed in binders

with tabs or clipped and placed in labeled folders.

b. Filings Prior to Trial in Civil Consent Cases. Unless otherwise ordered by

the Court, each party shall file the following items four weeks prior to the

start of trial:

(1) All motions addressing any evidentiary or other issues that should

be resolved in limine. Any responses should be filed three weeks

prior to the start of trial. Any replies should be filed two weeks

before the start of trial.

(2) For non-jury trials, a pretrial memorandum in any case where such

party believes it would be useful.

(3) In jury cases, requests to charge limited to the elements of the

claims, the damages sought and defenses. General instructions will

be prepared by the Court.

(4) In jury cases, parties shall submit joint proposed voir dire

questions, and a joint proposed jury verdict form. The parties

should note any areas of disagreement in the joint submissions.

J. Required Notification to Chambers

A party or the parties shall immediately notify the Court by letter filed on ECF if the

parties have reached a settlement.

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