Hon. Jed S. Rakoff — Individual Rules of Practice

Effective June 3, 2024

INDIVIDUAL RULES OF PRACTICE - HON. JED S. RAKOFF

Chambers Courtroom

Room 1340 Room 14-B

United States Courthouse United States Courthouse

500 Pearl Street 500 Pearl Street

New York, NY 10007 New York, NY 10007

(212) 805-0401 (212) 805-0129

RakoffNYSDChambers@nysd.uscourts.gov

1. Written or E-mail Communications

(a) All communications with Chambers must be by means of

joint telephone calls, as described in Rule 2, infra.

Correspondence with the Court (whether by letter, email, or

otherwise), filing correspondence on ECF or docketing

correspondence with the Clerk of Court, and copying the Court on

correspondence with others, is strictly forbidden, except as

specifically authorized by these rules or expressly requested by

the Court. Even if the Court emails an order, opinion, or other

communication to the parties, the parties may not respond by email

unless the Court directs them to do so.

(b) Where specifically authorized by these rules or expressly

requested by the Court, e-mail communication shall be sent to

RakoffNYSDChambers@nysd.uscourts.gov as .pdf attachments with

copies simultaneously delivered to all counsel. Emails shall state

clearly in the subject line (i) the full caption of the case,

including the party names and docket number, and (ii) the contents

of the email. The beginning of the email communication must clearly

1

state the contents and purpose of the email. Copies of

correspondence between counsel shall not be sent to the Court.

2. Oral Communication; Motions and Applications

(a) No ex parte communication with Chambers is permitted,

even on consent of opposing counsel, except for those limited

applications in criminal cases expressly permitted by statute to

be made ex parte or when counsel for a party has not yet entered a

notice of appearance. Counsel for all affected parties must be on

the line whenever a telephone call to Chambers is placed; however,

all similarly situated parties may, if they wish, designate a

“lead” counsel in advance to represent them on any such call. All

attorneys participating in a phone conference with Chambers must

have appeared on the docket or have filed a motion for pro hac vice

admission. The Judge and/or his clerks are normally available to

receive telephone calls between 9:00 a.m. - 12:30 p.m. and 1:30

p.m. - 5:30 p.m. If calling within these hours, counsel need not

schedule a telephone call to Chambers in advance. Please first

provide the docket number of the case when a Chambers staff member

answers the telephone. If all lines are busy, the call will be

transferred to voicemail. Any message left on the Chambers

voicemail or with Chambers staff must include the docket number of

the case and the names and telephone numbers of all participating

counsel.

On calls to Chambers, parties should be prepared to state

clearly and succinctly (1) the nature of their application (the

relief requested of the Court); (2) the reasons for their

application; and (3) whether a given application is opposed by

another party. If the dispute concerns a specific document (e.g.,

a discovery request), the party making the application should be

prepared to email a copy of the document to Chambers during the

2

call, should the Court request it.

(b) In order to bring on any contemplated motion or

application of any kind whatever, excepting only a motion for

admission pro hac vice (which may be filed without prior

authorization) or the ex parte criminal applications referred to

above, counsel for all affected parties must jointly call Chambers

in the manner prescribed above. No party will ever be denied the

right to make a motion permitted by law; but if the Court determines

that the matter can be resolved telephonically, it will hear the

application or motion immediately and issue a ruling then or

shortly thereafter (orally, or, if so requested by counsel, in

writing). If, conversely, the matter requires motion papers and/or

in-court argument, a schedule for same will be determined at the

time of the call. In criminal cases, however, any party can demand

that any non-scheduling matter brought up in a telephone conference

be the subject of an in-court hearing before decision.

(c) If counsel for any party seeks to convene a call to

Chambers, counsel for all other affected parties are expected to

make themselves available for such a call within 24 hours of the

request. If, after successive attempts, counsel for any affected

party is unavailable for the call, the initiating party may then

send Chambers and all affected counsel an email or a letter, not

to exceed two double-spaced pages, describing the efforts made to

convene a conference call and briefly describing the proposed

motion or application. In such a case, per Rule l, supra, no reply

or other correspondence is permitted, but a conference with the

Court will be promptly arranged. Notwithstanding these rules

applicable to parties represented by counsel, if one of the parties

is an incarcerated person proceeding pro se, the initiating party

may send all affected counsel, the pro se party, and Chambers a

letter describing the application.

(d) Where motion papers are necessary, counsel for the

3

moving party, following the scheduling of the motion, shall file

a short Notice of Motion setting forth a one-sentence description

of the motion, the schedule for service and filing of the various

parties’ papers, and the date and time of oral argument as set by

the Court. Motion papers shall consist of moving papers, answering

papers, and the moving party’s reply papers (when permitted). Any

legal memoranda must include a table of authorities, arranged

alphabetically, with case citations including accurate pin or jump

citations. Each party must file its respective papers with the

Clerk of the Court on the same date that such papers are served.

Counsel should be prepared to provide hard copies of motion papers

if requested; however, courtesy copies of motion papers should not

be provided absent explicit request (although counsel should note

that other provisions of these rules require hard-copy courtesy

copies for various pre-trial filings).

(e) Unless otherwise specified by the Court, any memorandum

of law submitted with the moving papers or the answering papers

on any motion is limited to 25 double-spaced pages, and any reply

memorandum is limited to 10 double-spaced pages. Both the text and

footnotes in such memoranda of law must be in 12 point type on 8½

by 11 inch paper (or the electronic equivalent), with Times New

Roman type preferred. If the Court permits letter briefing in lieu

of formal memoranda, the rule on font size for text and footnotes

still applies. With respect to motions for summary judgment, Local

Civil Rule 56.1 will be strictly enforced. Citations to the record

in any memorandum of law filed in connection with a motion for

summary judgment must include a citation to the party’s Local Civil

Rule 56.1 Statement of Material Fact or opposition thereto.

(f) All documents filed on ECF must be word-searchable to

the extent reasonably practicable.

4

3. Initial Conferences and Civil Discovery

(a) In civil cases, an initial conference will be held no

later than six weeks after filing of the Complaint (and often

earlier) regardless of whether issue has been joined.

(b) No later than three business days prior to the initial

conference, the parties to a civil case must email Chambers a

written report of their agreements or disagreements regarding case

management and discovery and a proposed Case Management Plan in a

form corresponding to the Court’s Case Management Order Form (Form

D). In formulating their Case Management Plan, the parties should

bear in mind that all discovery and post-discovery motion practice

must be completed prior to the trial-ready date set by the Court,

which will appear on the Form D furnished to the parties along

with the notice of the initial conference. This may not be the

actual trial date, but will be the date following which the parties

will not be heard to complain that they are not ready for trial.

Interrogatories are strictly limited to those authorized by Local

Civil Rule 33.3(a), and no deposition may extend beyond one

business day without prior leave of the Court. At the initial

conference, the Court will issue a binding Case Management Order

that, in most cases, will require the case to be ready for trial

within five months of the date thereof. If the parties submit a

proposed case management plan that makes any modification to the

Court’s Case Management Order Form (Form D) other than filling in

the blank lines, they must submit a redline indicating any change

from the Court’s Form D.

(c) In criminal cases, an initial conference with the Court

will be held promptly after presentment before a Magistrate Judge.

At this conference, in addition to arraignment, the Court will set

a schedule for the completion of discovery and the filing of any

motions. Where motions are permitted, the length and format of any

5

memoranda of law must be in accordance with Rule 2(e), supra. The

Court does not participate in the S.D.N.Y. Plan for Certain § 1983

Cases Against the City of New York.

4. Trial-Pending Exchanges and Pretrial Orders in Civil Cases

(a) The trial-pending exchanges among the parties mandated by

Fed. R. Civ. P. 26(a)(3) shall be strictly enforced, except that

the disclosures prescribed therein may be made 21 (instead of 30)

days before trial.

(b) In addition, in all civil cases, the parties shall jointly

file with the Court, no later than one week prior to trial, a

proposed Pretrial Consent Order (plus a courtesy hard copy of same

for submission to Chambers) consisting of the following items:

(i) A joint overview of the case.

(ii) A particularized description of each party’s remaining

claims, counterclaims, cross-claims, or third-party

claims (failure to specify which will be deemed a

waiver).

(iii) A particularized statement of the specific facts,

stipulations, admissions, and other matters on which

the parties agree.

(iv) Each party’s particularized contentions as to the

specific facts that are disputed. (In addition, in non-

jury cases, the parties, following trial, will be

required to submit proposed findings of fact, with

citations to the record, and proposed conclusions of

law.)

(v) A particularized statement of the injunctive relief,

declaratory relief, and/ or damages claimed (including

amounts) for each claim, counterclaim, cross-claim, or

third-party claim.

6

(vi) A list of the names of the witnesses (both fact

witnesses and expert witnesses) that each party

intends to call, in the likely order of appearance.

This should be a final and binding list, without

qualifications or reservations. A witness whose name

appears on the list of more than one party will testify

only once but may be examined at that time by all

parties on all relevant matters.

(vii) A list of all exhibits to be offered by each party,

and particularized objections thereto noted in

accordance with Fed. R. Civ. P. 26(a)(3).

(viii) A final estimate of the length of trial (assuming a

typical trial day of 9:00 a.m. to 5:00 p.m., Monday

through Friday).

5. Pretrial Exchanges in Criminal Cases

Each of the parties in a criminal case must submit to the

Court at least 30 days before trial any disclosures pertaining to

expert witnesses under Federal Rule of Criminal Procedure 16. Each

of the parties in a criminal case must deliver to the Courthouse

mailroom for delivery directly to Chambers at least three business

days before trial: (a) a final and binding list of the witnesses

that the party expects to call (other than the defendant), in the

likely order of appearance, and (b) a list of the exhibits that

the party expects to offer on its direct case.

6. Deposition Transcripts and Trial Exhibits

(a) In all civil cases, the parties shall deliver to the

Courthouse mailroom for delivery directly to Chambers at least

three business days before trial marked-up copies of the portions

7

of transcripts of depositions intended to be read into evidence,

with particularized objections noted thereon in accordance with

Fed. R. Civ. P. 26(a)(3).

(b) In all civil and criminal trials, the parties during trial

shall tender to the bench two copies of any exhibit a party seeks

to offer into evidence at the same time the party hands the original

exhibit to a witness during an examination. Plaintiff’s and

defendant’s exhibits shall both be marked by numbers (e.g.,

“Plaintiff’s Exhibit 1,” “Defendant’s Exhibit 1”).

(c) Parties are not required to provide the Court with copies

of exhibits in advance of trial, but are expected to have all

exhibits available on the morning of the start of trial.

7. Proposed Jury Charges

In all jury cases, whether civil or criminal, proposed jury

charges must be submitted to the Court at least one week before

trial. Any proposed jury charge submitted thereafter will not be

considered by the Court, except upon a showing that the proposed

charge relates to an issue that could not reasonably have been

expected to arise at trial. In addition, the Court’s standard

practice is to give the jury a one-page preliminary instruction

shortly before or after opening statements, highlighting some of

the issues and legal requirements in the case. The parties should

submit their proposals in that regard at least three business days

before trial.

8. Proposed Voir Dire Requests

In all jury cases, whether civil or criminal, proposed voir

dire requests must be submitted to the Court at least three

business days before the start of jury selection. In both civil

8

and criminal cases, the jury will be selected by the traditional

“jury box” method. The Court does not use jury questionnaires.

Except in rare circumstances, the Court will conduct all

questioning at voir dire.

9. Motions in Limine

Motions in limine are not a matter of right and should be

largely limited to critical matters on which pre-trial rulings are

critical. After a trial date is set, any party, without further

leave of Court, may serve such a motion directed at limiting the

proof at trial, provided the motion is served upon all parties by

no later than two weeks before trial. All such motions in limine,

and any opposition thereto, must be filed with the Clerk of the

Court and courtesy copies submitted to Chambers at least one week

before trial. Any party referencing a proposed trial exhibit in

such motion papers must submit a courtesy copy of that exhibit to

the Court along with the motion papers. Such motions will normally

be resolved by the Court on the morning of the first day of trial.

Each motion in limine is limited to 15 double-spaced pages,

but each party is strictly limited to 30 total double-spaced pages

for all motions in limine combined, unless it seeks leave of the

Court for a greater page limit no later than two weeks before

trial.

10. Stipulations of Settlement and Discontinuance

No adjournments will be granted on the grounds of settlement

unless the parties have submitted to Chambers a stipulation or

letter on behalf of all parties affirming that the case has been

finally settled and that the Court may dismiss the case with

prejudice. Except for good cause shown, no such stipulation shall

9

be accepted that provides for re-opening of the case more than 30

days after dismissal or that provides for the Court to retain

jurisdiction for more than 30 days following dismissal except to

enforce injunctive relief.

11. Summations in Civil Cases

In all civil trials, plaintiff’s counsel will sum up first,

followed by defendant’s counsel. Where there is only one defense

summation, plaintiff’s counsel will normally not be permitted a

rebuttal summation except in unusual circumstances. Where there

are two or more defense summations, plaintiff’s counsel will

normally be permitted a brief rebuttal.

12. Sentencing

Sentencing will normally take place within 90 days of the entry

of a guilty plea or finding of guilt at trial, except in the case

of defendants who have entered into “cooperation agreements” with

the Government. With respect to cooperating defendants, counsel

will be required at the time of plea to propose a sentencing date

that will give the defendant adequate opportunity to demonstrate

substantial assistance and provide the Court with adequate

opportunity to assess such assistance. If adopted by the Court,

such sentencing date will not be further extended except upon a

showing of unusual circumstances, and in no event will sentencing

be adjourned beyond three years from the date of plea. Any written

submission relating to any sentence must be submitted to the Court

at least one week before the date of sentencing, and any response

thereto must be submitted to the Court at least two business days

before the date of sentencing.

10

13. “Brady” Disclosures

Materials and information required to be disclosed pursuant

to Brady v. Maryland and its progeny (“Brady Material”) – whether

in written or recorded format, or otherwise – must be disclosed

to defense counsel according to the following schedule:

(1) Brady Material known to the Government at the time of

indictment – other than purely impeachment materials and

information required to be produced pursuant to Giglio v. United

States and its progeny (“Giglio Material”) – must be produced to

defense counsel no later than two weeks following the date of the

filing of the indictment, regardless of whether the parties are

engaged in plea discussions. Such Brady Material includes (simply

by way of example) not only information that tends to exculpate a

defendant or support a potential defense to the charged offense(s),

but also information that tends to mitigate the degree of the

defendant’s culpability or to mitigate punishment. Also, this

requirement applies regardless of whether the Government credits

the Brady Material.

(2) Brady Material (other than Giglio Material) that becomes

known to the Government following filing of the indictment must

be disclosed, absent exceptional circumstances, within two weeks

of when it becomes known and, in any event, no later than four

weeks prior to any trial or guilty plea.

(3) Absent exceptional circumstances, Giglio Material must be

disclosed four weeks prior to the date of the start of trial or

guilty plea. Such material includes (simply by way of example) a

witness’s prior inconsistent statements, written or oral; benefits

given and promises made to the witness; information that tends to

show that the witness has a personal motive to inculpate the

defendant; and information that tends to show that the witness has

a physical or mental impairment that could affect the witness’s

11

ability to perceive, recall, or recount relevant events. Giglio

Material developed less than four weeks before trial (e.g., as a

result of further interviews of witnesses) must be disclosed

immediately.

(4) To achieve adequate compliance with the foregoing rules,

the Government has a continuing obligation to seek Brady Material

and Giglio Material from law enforcement and regulatory agencies

that are or have been involved in the prosecution of the defendant

or in parallel proceedings or investigations involving the

defendant.

(5) The above time-tables, being necessary to fulfill the

constitutional obligations imposed by Brady v. Maryland, Giglio v.

United States, and their progeny, apply regardless of whether the

Brady Material and Giglio Material also happen to be producible

pursuant to the Federal Rules of Criminal Procedure or the Jencks

Act and the time-tables applicable thereto.

(6) For good cause shown, the Government may seek a protective

order delaying disclosure of such materials and information, but

applications for such orders should only be made in exceptional

circumstances.

14. Protective Orders and Filing of Documents Under Seal

(a) All parties that wish to propose a protective order must,

after receiving the Court’s permission in accordance with Rule

2(b), supra, submit a proposed protective order that conforms as

closely as possible with the Court’s Model Protective Order, which

is available on the Judge’s website. If the parties alter the

Court’s Model Protective Order in any way other than conforming

the caption and signatures, they must provide a redline indicating

all such modifications by email to Chambers.

(b) Unless the Protective Order approved in a case provides

12

otherwise, parties must request the Court’s permission, in

accordance with Rule 2(b), supra, to file documents under seal.

The Court’s Model Protective Order does not provide such

permission. Parties are expected to provide the Court with notice

at least three business days before the relevant filing deadline

if they wish to file documents under seal.

(c) No document may be filed under seal without prior

application to the Court as described above. After obtaining the

Court’s leave, the document must be filed under seal in the ECF

system. Where a party has received approval to redact information

from a document that is to be publicly filed, that party shall

publicly file the document with the redactions, and electronically

file under seal a copy of the unredacted document. Both documents

must be electronically filed through the ECF system. When filing

documents under seal, parties are expected to provide the Court

electronic copies of the underlying documents via email. If hard

copies are necessary, they will be requested.

15. Electronics Orders

The Court welcomes parties to use technology appropriately

in the courtroom. Should any counsel seek to bring an electronic

device into the courthouse or seek access to the courthouse WiFi,

they should email the Courthouse’s Fillable Form for Electronic

Devices to Judge Rakoff’s Courtroom Deputy, Linda Kotowski, at

linda_kotowski@nysd.uscourts.gov.

13