Hon. Jesse M. Furman — Individual Rules of Practice

Revised

April 7, 2026

INDIVIDUAL RULES AND PRACTICES IN CIVIL CASES

Jesse M. Furman, United States District Judge

Chambers Courtroom Deputy

United States District Court Alexandra Smallman

Southern District of New York

500 Pearl Street, Room 2510

New York, NY 10007

Furman_NYSDChambers@nysd.uscourts.gov

Unless otherwise ordered by the Court, these Individual Rules apply to all civil matters

before Judge Furman except for civil pro se cases (see Individual Rules and Practices in

Civil Pro Se Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman).

1. Guidelines for All Submissions ............................................................................................ 2

A. Text Searchable Submissions ........................................................................................... 2

B. Amended or Corrected Filings .......................................................................................... 2

C. Submission of Large Electronic Files ............................................................................... 2

D. No Courtesy Copies .......................................................................................................... 2

2. Communications with Chambers ........................................................................................ 3

A. Letters ............................................................................................................................... 3

B. Telephone Calls and Emails .............................................................................................. 3

C. Hand Deliveries ................................................................................................................ 3

D. Requests for Adjournments or Extensions of Time .......................................................... 3

E. Related and Consolidated Cases ....................................................................................... 4

F. ECF ................................................................................................................................. 4

G. Urgent Communications ................................................................................................... 4

3. Conferences ........................................................................................................................... 4

A. In-Person Conferences ...................................................................................................... 4

B. Teleconferences ................................................................................................................ 4

C. Attendance by Principal Trial Counsel ............................................................................. 5

D. Discovery Disputes ........................................................................................................... 5

E. Participation by Junior Attorneys ..................................................................................... 5

4. Motions................................................................................................................................... 6

A. Letter-Motions .................................................................................................................. 6

B. Pre-Motion Conferences in Civil Cases ............................................................................ 6

C. Memoranda of Law ........................................................................................................... 6

D. Hyperlinking ..................................................................................................................... 6

E. Unpublished Cases ............................................................................................................ 6

F. Oral Argument on Motions ............................................................................................... 6

G. Summary Judgment Motions ............................................................................................ 7

H. Preliminary Injunction Hearings ....................................................................................... 7

I. Motions to Exclude Testimony of Experts ....................................................................... 7

J. Default Judgment Motions ................................................................................................ 8

K. Proposed Stipulations and Orders ..................................................................................... 9

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5. Other Pretrial Guidance....................................................................................................... 9

A. Applications for Temporary Restraining Orders .............................................................. 9

B. Settlement Agreements ..................................................................................................... 9

C. Bankruptcy Appeals ........................................................................................................ 10

6. Trial Submissions and Procedures .................................................................................... 10

A. Joint Pretrial Order .......................................................................................................... 10

B. Required Pretrial Filings ................................................................................................. 11

C. Electronic Copies of Exhibits and Exhibit Lists ............................................................. 12

D. Requests to Charge and Proposed Voir Dire .................................................................. 13

E. Additional Submissions in Non-Jury Cases .................................................................... 13

F. Filings in Opposition ...................................................................................................... 14

7. Redactions and Sealed Filings............................................................................................ 14

A. Redactions Not Requiring Court Approval..................................................................... 14

B. Redactions and Sealed Filings Requiring Court Approval ............................................. 14

C. Procedures for Filing Sealed or Redacted Documents ................................................... 14

8. Use of Electronic Devices and WiFi Access for Hearings and Trials ............................. 16

A. Use of Electronic Devices ............................................................................................... 16

B. WiFi Access for Hearings and Trials .............................................................................. 16

1. Guidelines for All Submissions

A. Text Searchable Submissions. Judge Furman reads most submissions in

electronic form using an iPad or computer. Accordingly, if feasible, every

submission should be in text-searchable format created by converting the

document electronically to PDF by computer (that is, not by scanning a printed

document). If a PDF is created by scanning a printed document (for instance, in

the case of a pre-existing documentary exhibit), the party should use software to

make the document text searchable whenever possible.

B. Amended or Corrected Filings. Any amended or corrected filing shall be filed

with a redline showing all differences between the original and revised filing.

C. Submission of Large Electronic Files. The Court has a file transfer protocol for

the safe electronic transmission of large files. If a party needs to submit large

files by email (as opposed to ECF), the party should email the Court (at

Furman_NYSDChambers@nysd.uscourts.gov) requesting a link to be used for

such transfer. The email should include the name and docket number of the case

and the nature and size of the materials to be submitted electronically.

D. No Courtesy Copies. Unless the Court orders otherwise, parties should not

submit courtesy copies of any submissions.

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2. Communications with Chambers

A. Letters. Except as otherwise provided below, communications with the Court

should be by letter, filed electronically on ECF. Letters seeking relief should (if

consistent with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing

Rules and Instructions) be filed on ECF as letter-motions in accordance with

Paragraph 4(A) below, not as ordinary letters.

Unless otherwise ordered by the Court, letters may not exceed five pages in

length. Letters solely between parties or their counsel or otherwise not addressed

to the Court may not be filed on ECF or otherwise sent to the Court (except as

exhibits to an otherwise properly filed document).

B. Telephone Calls and Emails. Communications with Chambers, including

requests for extensions or adjournments, shall be by letter or letter-motion filed on

ECF in accordance with Paragraphs 2(A) and 4(A). For questions that cannot be

answered by reference to these Rules or for urgent matters requiring immediate

attention, email Chambers with the word “URGENT” in the subject. Technical

questions pertaining to ECF filings should be directed to the ECF Help Desk at

helpdesk@nysd.uscourts.gov or (212) 805-0800. Counsel may not submit

substantive case-related communications by email without leave of the Court.

C. 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 at 500 Pearl Street, New York, NY 10007 and may not

be brought directly to Chambers. 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.

D. 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, not as ordinary letters, proposed stipulations, or proposed orders.

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 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 as well as any other existing deadlines. If the extension will affect any

other deadlines in the case, the party seeking the extension should propose

amendments to those deadlines as well. Requests for extensions of deadlines

regarding a matter that has been referred to a Magistrate Judge shall be addressed

to that assigned Magistrate Judge.

Absent an emergency, any request for extension or adjournment shall be made at

least 48 hours prior to the deadline or scheduled appearance. Requests for

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extensions will ordinarily be denied if made after the expiration of the original

deadline.

E. Related and Consolidated 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., 12-CV-1234 [rel. 11-CV-4321]). After two or more actions

have been consolidated for all purposes under a single docket number pursuant to

Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and

correspondence should be filed only in the docket under which the cases have

been consolidated and should reference only that docket number.

F. ECF. In accordance with the Electronic Case Filing Rules and Instructions,

counsel are required to register promptly as ECF filers and to enter an appearance

in the case. Counsel are responsible for updating their contact information on

ECF, should it change, and they are responsible for checking the docket sheet

regularly, regardless of whether they receive an ECF notification of case activity.

For assistance with updating contact information, please contact the ECF Help

Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800; do not file a letter-

motion advising the Court of the change.

G. Urgent Communications. As a general matter, materials filed via ECF are

reviewed by the Court the business day after they have been filed. If a submission

requires more immediate attention, the filing party should notify Chambers by

telephone after filing the submission on ECF.

3. Conferences

A. In-Person Conferences. Unless otherwise ordered by the Court, all in-person

conferences will be held in Courtroom 24B of the Daniel Patrick Moynihan

United States Courthouse, 500 Pearl Street, New York NY. If any counsel wishes

for a conference to be conducted remotely (by telephone or video), he or she

should confer with all other counsel and promptly file a letter-motion to that

effect in accordance with Paragraph 4(A).

B. Teleconferences. Unless otherwise ordered by the Court, any proceeding held by

telephone will be on the Court’s dedicated conference line, which can be accessed

by calling (855) 244-8681 and then entering Access Code 2303 019 3884,

followed by the pound (#) key. When prompted for an attendee ID number, press

the pound key again. The following procedures shall apply to all teleconferences

with the Court:

i. At least twenty-four hours before a scheduled teleconference, the parties

must jointly email to the Court the names and honorifics (e.g., Mr., Ms.,

Dr., etc.) of counsel — absent permission of the Court, no more than two

per party — who may speak during the teleconference. The email should

also provide the telephone numbers from which counsel expect to join the

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call.

ii. Counsel should use a landline whenever possible, should use a headset

instead of speakerphone, and must mute themselves whenever they are not

speaking to eliminate background noise.

iii. To facilitate orderly teleconferences and the creation of an accurate

transcript where a teleconference is held on the record, counsel are

required to identify themselves every time they speak. Counsel should

spell any proper names for the court reporter. Counsel should also take

special care not to interrupt or speak over one another.

iv. If there is a beep or chime indicating that a new caller has joined while

counsel is speaking, counsel should pause to allow the Court to ascertain

the identity of the new participant and confirm that the court reporter has

not been dropped from the call.

v. Broadcasting or recording of any court conference is prohibited by law.

C. Attendance by Principal Trial Counsel. Absent leave of the Court, the attorney

who will serve as principal trial counsel must appear at all conferences with the

Court. Any attorney appearing before the Court must enter a notice of appearance

on ECF.

D. Discovery Disputes. Parties must follow Local Civil Rule 37.2 with the

following modifications. Any party wishing to raise a discovery dispute with the

Court must first confer in good faith with the opposing party, in person or by

telephone, in an effort to resolve the dispute. If this meet-and-confer process does

not resolve the dispute, either party may file on ECF a letter-motion, no longer

than three pages, explaining the nature of the dispute and, if applicable, why the

party is entitled to relief and requesting an informal conference. Any letter-

motion seeking relief must include a representation that the meet-and-confer

process occurred and was unsuccessful. Any opposition to a letter-motion shall

be filed as a letter, not to exceed three pages, within three business days. Counsel

should be prepared to discuss with the Court the matters raised by such letters, as

the Court will seek to resolve discovery disputes quickly, by order (based on the

letters alone) or in a conference. Counsel should seek relief in accordance with

these procedures in a timely fashion; if a party waits until near the close of

discovery to raise an issue that could have been raised earlier, the party is unlikely

to be granted the relief that it seeks or more time for discovery.

E. 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 that attorney played a substantial role in drafting the

underlying filing or in preparing the relevant witness. The Court may be inclined

to grant a request for oral argument, which it generally disfavors, where doing so

would afford the opportunity for a junior attorney to gain courtroom experience.

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Nevertheless, all attorneys appearing before the Court must have authority to bind

the party they represent consistent with the proceeding (for example, by agreeing

to a discovery or briefing schedule), and should be prepared to address any

matters likely to arise at the proceeding.

4. Motions

A. Letter-Motions. When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y.

Electronic Case Filing Rules and Instructions, letters seeking relief should be filed

on ECF as letter-motions, not as ordinary letters. In particular, all requests for

adjournments, extensions, and pre-motion conferences (including pre-motion

conferences with respect to discovery disputes) should be filed as letter-motions.

B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not

required, except for disputes concerning discovery, which are governed by

Paragraph 3(D) above.

C. Memoranda of Law. The typeface, margins, spacing, and length of motion

papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for

reconsideration, Local Civil Rule 6.3). Per Local Civil Rule 7.1, memoranda of

law in support of and in opposition to motions (other than motions for

reconsideration) are limited to 8,750 words, and reply briefs are limited to 3,500

words. Memoranda exceeding 3,500 words shall contain a table of contents and a

table of authorities. Sur-reply memoranda will not be accepted without prior

permission of the Court. All appendices to memoranda of law must be indexed.

D. Hyperlinking.

i. Memoranda of law must include hyperlinks to (1) cited court decisions

(both reported and unpublished), statutes, rules, regulations, treatises, and

other legal authorities in either online legal research databases or in local,

state, or federal government websites; and (2) the docket entry of any cited

court documents, whether filed in federal or state court, except for

documents filed under seal or otherwise not in the public record.

ii. A party need not include hyperlinks in a memorandum if, in a footnote in

the memorandum, it certifies in good faith that it cannot include

hyperlinks as a result of technological limitations or other good cause.

E. Unpublished Cases. If a party cites to a case not available in an official reporter,

it need not provide copies of the case to Chambers if the case is available on

Westlaw.

F. Oral Argument on Motions. The Court rarely holds oral argument. But a party

may request oral argument by indicating “ORAL ARGUMENT REQUESTED”

on the cover page of its memorandum of law. If a party believes that the Court

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would benefit from oral argument for a particular reason not obvious from the

parties’ briefing, the party may file a letter — not a letter-motion — explaining

the reason on ECF. Additionally, a party should advise the Court by letter if oral

argument would be handled by a less experienced attorney because, as discussed

in Paragraph 3(E) above, that may make the Court more inclined to hold oral

argument. If oral argument is requested, the Court will determine whether

argument will be heard and, if so, advise counsel of the argument date.

G. Summary Judgment Motions.

i. Absent good cause, the Court will not ordinarily have summary judgment

practice in a non-jury case.

ii. With respect to any deposition that is supplied, whether in whole or in

part, in connection with a summary judgment motion, the index to the

deposition should be included if it is available.

iii. The parties should provide the Court with an electronic, text-searchable

copy of any hearing or deposition transcript, or portion thereof, on which

the parties rely, if such a copy is available, unless doing so would be

unduly burdensome.

iv. Memoranda of law should include sections discussing the relevant

background and facts. Parties should not merely incorporate by reference

their Local Rule 56.1 Statements or Counterstatements.

v. If both sides intend to file summary judgment motions, the parties should

confer and propose (by letter-motion or orally at a conference) a briefing

structure, schedule, and page limits. To avoid redundancy, the Court will

generally, absent good reason, set a briefing schedule with deadlines for:

(1) one party to file the initial motion; (2) the other party to file a cross-

motion, with a single, consolidated memorandum of law supporting the

cross-motion and opposing the initial motion; (3) the first party to file a

single, consolidated memorandum of law replying in support of the initial

motion and opposing the cross-motion; and (4) the cross-moving party to

file a reply in support of the cross-motion.

H. Preliminary Injunction Hearings. If the Court holds an evidentiary hearing

with respect to a motion for a preliminary injunction, the Court will generally

follow the procedures for the conduct of non-jury trials described in Paragraph

6(E) below.

I. Motions to Exclude Testimony of Experts. Unless the Court orders otherwise,

motions to exclude the testimony of experts, pursuant to Rules 702-705 of the

Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc.,

509 U.S. 579 (1993), and its progeny, must be made by the deadline for

dispositive motions and should not be treated as motions in limine. Absent leave

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of the Court, the moving party must file a single motion and single, consolidated

memorandum of law, consistent with Paragraph 4(C) above, even when seeking

to exclude the testimony of multiple experts.

J. Default Judgment Motions. If a party fails to respond to a claim, the party

asserting the claim should promptly move for entry of default judgment if

appropriate. If a failure to answer is the basis for the default, the party seeking a

default judgment must begin by seeking a Clerk’s Certificate of Default pursuant

to Local Civil Rule 55.1. Only after obtaining a Clerk’s Certificate of Default

should the party proceed to filing a motion for default judgment on ECF pursuant

to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2. (Counsel

should therefore seek and obtain a Clerk’s Certificate of Default well in advance

of any Court-imposed deadline to move for default judgment.)

A party seeking a default judgment should not proceed by order to show cause.

Any motion for default judgment must be supported by the following papers:

i. an attorney’s affidavit or declaration pursuant to Local Civil Rule

55.2(a)(1);

ii. a statement of damages, sworn or affirmed to by one or more people with

personal knowledge, showing the proposed damages and the basis for each

element of damages, including interest, attorney’s fees, and costs;

iii. a memorandum of law 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) legal authority for why such service was proper;

(d) the basis for subject-matter and personal jurisdiction;

(e) whether, if the default is applicable to fewer than all of the

counterparties, the Court may appropriately order a default

judgment on the issue of damages prior to resolution of the entire

action;

(f) legal authority for why an inquest into damages would be

unnecessary;

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iv. if the proposed damages are supported by calculations, native versions of

the files with calculations (i.e., versions of the files in their original

format, such as in “.xlsx”), which shall be emailed to Chambers at

Furman_NYSDChambers@nysd.uscourts.gov;

v. a proposed default judgment;

vi. copies of all the operative pleadings;

vii. a copy of the affidavit of service of the summons and complaint; and

viii. a certificate of service stating that all documents in support of the request

for default judgment have been personally served on or mailed to the party

against whom default judgment is sought, pursuant to Local Civil Rule

55.2(a)(3).

K. Proposed Stipulations and Orders. In accordance with the Local Rules and the

Electronic Case Filing Rules and Instructions, parties should file on ECF all

proposed stipulations and orders that they wish the Court to sign, using the

appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17-19 &

App’x A. As noted above, requests for extensions and adjournments must be made

by letter-motion, not by proposed stipulation or proposed order.

5. Other Pretrial Guidance

A. Applications for Temporary Restraining Orders. A party should confer with

his or her adversary before making an application for a temporary restraining

order unless the party seeking relief is able to satisfy the requirements for

obtaining temporary relief without notice to the adverse party set forth in Rule

65(b)(1) of the Federal Rules of Civil Procedure. In the absence of an emergency

that would justify seeking immediate relief in person, if the party seeking relief

(1) believes that Rule 65(b)(1)’s requirements can be met and a temporary

restraining order should issue without notice to the adverse party, the party should

file its papers on ECF under seal (or, if ECF is not a viable option, by email to

Chambers at Furman_NYSDChambers@nysd.uscourts.gov) and then email

Chambers with the words “URGENT: TRO” in the subject; or (2) is prepared to

seek relief on notice to the adverse party, the party seeking relief should

simultaneously file its papers on ECF, serve them on all other parties, and then

email Chambers, copying all other parties, with the words “URGENT: TRO” in

the subject.

B. Settlement Agreements. Unless the Court orders otherwise, the Court will not

retain jurisdiction to enforce confidential settlement agreements. If the parties

wish that the Court retain jurisdiction to enforce a settlement agreement, the

parties must place the terms of their agreement on the public record. The parties

may either provide a copy of the settlement agreement for the Court to endorse or

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include the terms of their settlement agreement in their stipulation of settlement

and dismissal.

C. Bankruptcy Appeals. The parties must comply with the briefing schedule and

the format and length specifications set forth in the Federal Rules of Bankruptcy

Procedure 8014-8018 unless otherwise ordered by the Court.

6. Trial Submissions and Procedures

A. Joint Pretrial Order. Unless otherwise ordered by the Court, no later than thirty

days after the date for the completion of all discovery or, in the event a dispositive

motion is filed, no later than thirty days after the Court’s ruling on such motion,

the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by

email to the Court (Furman_NYSDChambers@nysd.uscourts.gov) a proposed

joint pretrial order, which shall include the following:

i. the full caption of the action;

ii. the names, law firms, addresses, telephone number, and email addresses of

trial counsel if not already listed on the docket;

iii. a brief statement by plaintiff (or, in a removed case, by defendant) as to

the basis of subject matter jurisdiction, and a brief statement by each other

party as to the presence or absence of subject matter jurisdiction. Such

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

as to citizenship and jurisdictional amount;

iv. a brief summary by each party of the claims and defenses that the party

asserts remain to be tried, including citations to any statutes on which the

party relies. Such summaries shall also identify all claims and defenses

previously asserted that are not to be tried. The summaries should not

recite any evidentiary matter;

v. a statement as to the number of trial days needed and whether the case is

to be tried with or without a jury;

vi. a joint statement summarizing the nature of the case, to be read to

potential jurors during jury selection;

vii. a list of people, places, and institutions (in alphabetical order) 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 all parties have consented to trial by a magistrate

judge, without identifying which parties do or do not consent;

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ix. any stipulations or agreed statements of fact or law to which all parties

consent. In a jury case, the parties should memorialize any such

stipulations or agreed statements of fact or law in a standalone document

that can be marked and admitted at trial;

x. a list of all trial witnesses (in alphabetical order), indicating whether such

witnesses will testify in person or by deposition, whether such witnesses

will require an interpreter (and, if so, which party will pay the costs for the

interpreter), and a brief summary of the substance of each witness’s

testimony. Absent leave of the Court, a witness listed by both sides shall

testify only once (with the defendant(s) permitted to go beyond the scope

of the direct on cross-examination), and counsel should confer with

respect to scheduling;

xi. designations by each party of deposition testimony to be offered in its

case-in-chief and any counter-designations as follows:

(a) a chart listing (1) the designations and counter-designations;

(2) any objections, including the bases for such objections; (3) a

brief response to each objection; and

(b) transcripts of each relevant deposition with designations, counter-

designations, and objections highlighted in different colors.

The parties need not designate deposition testimony to be used for

impeachment purposes only. The parties should limit their designations to

those that they actually intend to use at trial;

xii. a list by each party of all exhibits to be offered in its case-in-chief, with a

single asterisk indicating exhibits to which no party objects on any ground.

If a party objects to an exhibit, the objection should be noted by indicating

the Federal Rule of Evidence that is the basis for the objection. If any

party believes that the Court should rule on such an objection in advance

of trial, that party should include a notation to that effect (e.g., “Advance

Ruling Requested”) as well. In general, 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; and

xiv. a statement of whether the parties consent to less than a unanimous

verdict.

B. Required Pretrial Filings. Unless otherwise ordered by the Court, each party

shall file with the joint pretrial order:

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i. in all cases, motions addressing any evidentiary issues or other matters

that should be resolved in limine. Absent leave of the Court, each party

must file a single memorandum of law, consistent with Paragraph 4(C)

above, in support of all motions in limine filed by that party. No motion

in limine will be considered or decided unless the moving party’s

memorandum of law includes a certification that, prior to filing the

motion, the parties conferred, in person or by telephone, in a good faith

effort to resolve the issue(s) asserted in the motion without the

intervention of the Court and were unable to reach an agreement;

ii. in all jury cases, joint requests to charge, joint proposed verdict forms, and

joint proposed voir dire questions as specified by Paragraph 6(D) below;

iii. in all non-jury cases, proposed findings of fact and conclusions of law.

The proposed findings of fact should be detailed and should include

citations to the proffered trial testimony and exhibits, as there may be no

opportunity for post-trial submissions. At the time of filing, parties should

also submit copies of these documents to the Court by email (Furman_

NYSDChambers@nysd.uscourts.gov), both in .pdf format and as a

Microsoft Word document;

C. Electronic Copies of Exhibits and Exhibit Lists. Unless otherwise ordered by

the Court, the parties shall also submit with the joint pretrial order (but not file on

ECF):

i. an electronic copy of each exhibit sought to be admitted (with each

filename corresponding to the relevant exhibit number — e.g., “PX-1,”

“DX-1,” etc.). (If the files are too large for submission by email, see

Paragraph 1(C) above.) If submission of electronic copies would be an

undue burden on a party, the party may seek leave of the Court (by letter-

motion filed on ECF) to submit prospective documentary exhibits in hard

copy. Each hard copy shall be pre-marked (that is, with an exhibit sticker)

and assembled sequentially in a loose leaf binder (not to exceed 2 1/2

inches in thickness) or in separate manila folders labeled with the exhibit

numbers and placed in redweld folders labeled with the case name and

docket number;

ii. the parties shall email to the Court (Furman_NYSDChambers@nysd.

uscourts.gov) a Microsoft Word document listing all exhibits sought to be

admitted. The list shall contain four columns labeled as follows: (1)

“Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date

Identified”; and (4) “Date Admitted.” The parties shall complete the first

two columns, but leave the third and fourth columns blank. Unless the

Court orders otherwise, the parties shall confer at the end of each trial day

and, no later than the beginning of the next trial day, email to the Court an

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updated list indicating (in the third and fourth columns) each exhibit that

was identified and/or admitted.

D. Requests to Charge and Proposed Voir Dire. Unless otherwise ordered by the

Court, in all jury trials, joint requests to charge, joint proposed verdict forms, and

joint proposed voir dire questions shall be submitted as attachments to the

proposed joint pretrial order, with any differing proposals displayed in track-

change format and supported by authority or other justification. 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. At the time of filing, the

parties should also submit copies of these documents to the Court by email

(Furman_NYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.

For any request to charge or proposed voir dire question on which the parties

cannot agree, each party should clearly set forth its proposed charge or question,

and briefly state why the Court should use its proposed charge or question, with

citations to supporting authority.

E. Additional Submissions in Non-Jury Cases. Unless otherwise ordered by the

Court, at the time the joint pretrial order is filed, each party in a non-jury trial

shall submit to the Court by email (Furman_NYSDChambers@nysd.uscourts.

gov) and serve on opposing counsel, but not file on ECF, the following:

i. Copies of affidavits constituting the direct testimony of each trial witness,

except for the direct testimony of an adverse party, a person whose

attendance is compelled by subpoena, or a person for whom the Court has

agreed to hear direct testimony live at the trial. The affidavit should be

treated as a direct substitute for the witness’s live testimony; that is,

counsel should be attentive to the Rules of Evidence (e.g., hearsay and the

like) and authenticate any exhibits that will be offered through that

witness’s testimony. Three business days after submission of such

affidavits, counsel for each party shall submit a list of all affiants whom he

or she intends to cross-examine at the trial. Only those witnesses who will

be cross-examined need to appear at trial. The original signed affidavits

should be brought to trial to be marked as exhibits, at which time any

objections to particular paragraphs of an affidavit can be made; and

ii. All deposition excerpts that will be offered as substantive evidence, as

well as a one-page synopsis of those excerpts for each deposition. Each

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synopsis shall include page citations to the pertinent pages of the

deposition transcripts.

F. Filings in Opposition. Unless otherwise ordered by the Court, any party may file

the following documents within one week after the filing of the pretrial order, but

in no event later than three days before the scheduled trial date:

i. Opposition to any motion in limine; and

ii. Opposition to any legal argument in a pretrial memorandum.

7. Redactions and Sealed Filings

A. Redactions Not Requiring Court Approval. The parties are referred to Rule 5.2

of the Federal Rules of Civil Procedure and the Southern District’s ECF Privacy

Policy (“Privacy Policy”). There are two categories of information that may be

redacted from public court filings without prior permission from the Court:

“sensitive information” and information requiring “caution.” Parties should not

include in their public filings, unless necessary, the five categories of “sensitive

information” (i.e., social security numbers [use the last four digits only], names of

minor children [use the initials only], dates of birth [use the year only], financial

account numbers [use the last four digits only], and home addresses [use only the

City and State]). Parties may also, without prior Court approval, redact from their

public filings the six categories of information requiring caution described in the

Privacy Policy (i.e., any personal identifying number, medical records [including

information regarding treatment and diagnosis], employment history, individual

financial information, proprietary or trade secret information, and information

regarding an individual’s cooperation with the government).

B. Redactions and Sealed Filings Requiring Court Approval. Except for

redactions permitted by the previous Paragraph, all redactions or sealing of

public court filings require Court approval. To be approved, any redaction or

sealing of a court filing must be narrowly tailored to serve whatever purpose

justifies the redaction or sealing and must be otherwise consistent with the

presumption in favor of public access to judicial documents. See, e.g., Lugosch v.

Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general,

neither the parties’ consent nor the fact that information is subject to a

confidentiality agreement between litigants is, by itself, a valid basis to overcome

the presumption in favor of public access to judicial documents. See, e.g., In re

Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL

4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

C. Procedures for Filing Sealed or Redacted Documents. Any party seeking to

file a document under seal or in redacted form shall proceed as follows:

i. Meet and Confer. The party should meet and confer with any opposing

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party (or any third party seeking confidential treatment of the information)

in advance to narrow the scope of the request. When a party seeks leave

to file a document under seal or in redacted form on the ground that an

opposing party or third party has requested it, the filing party shall notify

the opposing party or third party that it must file, within three business

days, a letter explaining the need to seal or redact the document.

ii. Sealed Document(s). The party shall file a letter-motion seeking leave to

file a document under seal on ECF in accordance with Standing Order 19-

MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and

Instructions. The letter motion itself shall be filed in public view, should

explain the reasons for seeking to file the document under seal, and should

not include confidential information. The proposed sealed document shall

be contemporaneously filed under seal on ECF (with the appropriate level

of restriction) and electronically related to the motion (or to the relevant

Court order if the Court previously granted leave to file the document

under seal). Note that the summary docket text, but not the document

itself, will be open to public inspection and, thus, should not include

confidential information sought to be filed under seal.

iii. Redacted Document(s). Where a party seeks leave to file a document in

redacted form, the party shall file a letter-motion seeking leave to file a

document in redacted form on ECF in accordance with Standing Order 19-

MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and

Instructions. The letter-motion itself shall be filed in public view, should

explain the reasons for seeking to file the document in redacted form, and

should not include confidential information. At the same time, the party

shall (1) publicly file on ECF and electronically relate to the letter-motion

a copy of the document that implements the proposed redactions; and (2)

file under seal on ECF (with the appropriate level of restriction) and

electronically relate to the motion an unredacted copy of the document

with the proposed redactions highlighted.

iv. Submission by Email. Any party unable to comply with the requirements

for electronic filing under seal through the ECF system, or who believes

that a particular document should not be electronically filed at all, shall

file a letter-motion seeking leave of the Court to file in a different manner.

If the party is unable to file such a letter-motion on ECF, or believes there

is good cause not to file such a letter-motion on ECF, the party may

submit it by email (at Furman_NYSDChambers@nysd.uscourts.gov) as a

text-searchable .pdf attachment with a copy simultaneously delivered to all

counsel. Any such email shall state clearly in the subject line: (1) the

caption of the case, including the lead party names and docket number;

and (2) a brief description of the contents of the letter. Parties may not

include substantive communications in the body of the email; such

communications may be included only in the body of the letter.

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8. Use of Electronic Devices and WiFi Access for Hearings and Trials

A. Use of Electronic Devices. Electronic devices (including mobile telephones,

personal electronic devices, and computers) may not be used in Judge Furman’s

Courtroom without his permission. More broadly, the use of any such devices

within the Courthouse and its environs is governed by the Court’s Standing Order

M10-468, available at https://nysd.uscourts.gov/sites/default/files/2018-

06/standing-order-electronic-devices.pdf. If required by the Standing Order,

counsel seeking to bring a device into the Courthouse shall submit an Electronic

Device and Wi-Fi Access Request Form, available on the Court’s website, to the

Court by e-mail (Furman_NYSDChambers@nysd.uscourts.gov) as early as

possible — and certainly no later than three business days before the final

pretrial or pre-hearing conference. If approved and signed by Judge Furman, a

copy of the Order will be sent to the requesting attorney, who will receive a

network name, username, password, and instructions from the District

Executive’s Office on or before the first day of the scheduled proceeding. (Note

that WiFi access is actually managed by the District Executive’s Office, not

Chambers, so any questions regarding WiFi access should be directed to the

District Executive’s Office.) Wi-Fi access is limited to the approved attorney

(who may not share his or her username or password with others) for the duration

of the proceeding and for Courtroom 24B (unless Judge Furman or another

judicial officer grants permission for it to be used in another courtroom). If an

attorney wishes to test the Wi-Fi prior to the proceeding, that request must also be

made to Chambers at least three business days prior to the proceeding. Requests

submitted later than three business days prior to the relevant final pretrial or pre-

hearing conference may be denied on that basis alone. If permitted by the

Standing Order, mobile telephones are permitted inside the Courtroom, but they

MUST be kept turned off at all times. Non-compliance with this rule may result in

forfeiture of the device for the remainder of the proceedings.

B. WiFi Access for Hearings and Trials. Attorneys participating in a hearing or

trial may obtain authorization to use the Court’s WiFi system in Judge Furman’s

Courtroom during the proceeding. For further information, see Judge Furman’s

Individual Rules and Practices for Hearings and Trials, available on Judge

Furman’s webpage.

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