Hon. Margaret M. Garnett — Individual Rules of Practice

S.D.N.Y.

Calendar call: 9:00 a.m. · Courtroom: 906

What Margaret M. Garnett's rules say, in the court's own words

Every answer below is copied exactly from the court's published page for this part. Nothing is paraphrased or inferred.

What time is the calendar called?

9:00 a.m.

“during the trial to a minimum, counsel shall be present by 9:00 a.m. and available”

Which courtroom hears this part?

906

“40 Foley Square, Room 2102 40 Foley Square, Courtroom 906”

Full published rules for individual rules of practice

Last updated
March 28, 2025

INDIVIDUAL RULES & PRACTICES

Honorable Margaret M. Garnett, United States District Judge

Chambers Courtroom

United States District Court United States District Court

Southern District of New York Southern District of New York

40 Foley Square, Room 2102 40 Foley Square, Courtroom 906

New York, NY 10007 New York, NY 10007

GarnettNYSDChambers@nysd.uscourts.gov Keeva Verneus, Courtroom Deputy

Keeva_Verneus@nysd.uscourts.gov

TABLE OF CONTENTS

I. INDIVIDUAL RULES & PRACTICES APPLICABLE TO ALL MATTERS.............. 1

A. Civility in All Proceedings. ............................................................................................... 1

B. Communications with Chambers. ................................................................................... 1

1. Letters. ............................................................................................................................ 1

2. Telephone Calls. ............................................................................................................. 1

3. Email. .............................................................................................................................. 1

4. Faxes. .............................................................................................................................. 1

5. Requests for Adjournments or Extensions of Time. ....................................................... 1

6. Hand Deliveries. ............................................................................................................. 2

7. Related and Consolidated Cases. .................................................................................... 2

8. Electronic Case Filing (“ECF”). ..................................................................................... 2

9. Urgent Communications. ................................................................................................ 2

C. General Guidelines for All Submissions. ........................................................................ 3

1. Submissions to be Filed on ECF. .................................................................................... 3

2. Text-Searchable Submissions. ........................................................................................ 3

3. Amended or Corrected Filings. ....................................................................................... 3

D. Redactions and Filing Under Seal. .................................................................................. 3

1. Redactions Not Requiring Court Approval..................................................................... 3

2. Redactions Requiring Court Approval, Generally. ......................................................... 3

3. Redactions Requiring Court Approval in Civil Cases. ................................................... 3

i. Meet and Confer. .................................................................................................... 3

ii. Redacted Document(s). ........................................................................................... 4

iii. Sealed Document(s). ............................................................................................... 4

iv. Submissions by Alternative Method. ...................................................................... 4

4. Redactions Requiring Court Approval in Criminal Cases. ............................................. 4

i. Redacted Document(s). ........................................................................................... 4

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ii. Sealed Exhibit(s). .................................................................................................... 5

iii. Sealed Entire Document(s). .................................................................................... 5

iv. Letter-Motion. ......................................................................................................... 5

v. Emailing Chambers. ................................................................................................ 5

5. Delayed Docketing.......................................................................................................... 5

E. Policy on the Use of Electronic Devices........................................................................... 6

II. INDIVIDUAL RULES & PRACTICES IN CIVIL MATTERS ...................................... 7

A. Conferences and Discovery. ............................................................................................. 7

1. In-Person Conferences. ................................................................................................... 7

2. Telephone and Video Conferences (“Remote Conferences”). ....................................... 7

3. Attendance by Principal Trial Counsel. .......................................................................... 7

4. Participation by Junior Attorneys. .................................................................................. 7

5. Initial Case Management Conference. ............................................................................ 8

6. Discovery Disputes. ........................................................................................................ 8

7. Post-Fact-Discovery Conference. ................................................................................... 9

B. Motions............................................................................................................................... 9

1. Pre-Motion Letters and Conferences. ............................................................................. 9

2. Memoranda of Law. ........................................................................................................ 9

3. Courtesy Copies. ............................................................................................................. 9

4. Letter-Motions. ............................................................................................................. 10

5. Oral Argument on Motions. .......................................................................................... 10

6. Motions to Dismiss. ...................................................................................................... 10

7. Motions for Leave to Amend a Pleading. ..................................................................... 11

8. Motions to Exclude the Testimony of Experts. ............................................................ 11

9. Motions for Summary Judgment. ................................................................................. 11

i. Generally Not Available in Non-Jury Cases. ........................................................ 11

ii. Rule 56.1 Statements. ........................................................................................... 11

iii. Exhibits. ................................................................................................................ 12

10. Motions for Default Judgment. ..................................................................................... 12

11. Motions for Temporary Restraining Orders (“TROs”). ................................................ 13

12. Proposed Stipulations and Orders. ................................................................................ 13

C. Settlement. ....................................................................................................................... 13

1. Settlement Agreements. ................................................................................................ 13

III. INDIVIDUAL RULES & PRACTICES IN PRO SE CIVIL MATTERS ..................... 14

A. Pro Se Office. ................................................................................................................... 14

B. Communications with Chambers. ................................................................................. 14

1. Telephone Calls by a Pro Se Party. .............................................................................. 14

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2. Written Communications by a Pro Se Party. ................................................................ 14

3. Contact Information. ..................................................................................................... 14

4. Communications by Parties Represented by Counsel. ................................................. 14

5. Requests for Adjournments or Extension of Time. ...................................................... 14

C. Filing of Papers and Service........................................................................................... 14

1. Papers Filed by a Pro Se Party. ..................................................................................... 14

2. Service on a Pro Se Party.............................................................................................. 15

D. Discovery. ......................................................................................................................... 15

1. Discovery Requests. ...................................................................................................... 15

2. Discovery Disputes. ...................................................................................................... 15

E. Motions............................................................................................................................. 15

1. Filing and Service. ........................................................................................................ 15

2. Pro Se Notices............................................................................................................... 16

3. Motions to Dismiss. ...................................................................................................... 16

4. Oral Argument. ............................................................................................................. 16

F. Initial Case Management Conference. .......................................................................... 16

G. Trial. ................................................................................................................................. 17

1. Pretrial Statement. ......................................................................................................... 17

2. Other Pretrial Filings..................................................................................................... 17

H. Resources. ........................................................................................................................ 17

1. Court Website. .............................................................................................................. 17

2. Pro Se Law Clinic. ........................................................................................................ 17

IV. INDIVIDUAL RULES & PRACTICES IN CRIMINAL MATTERS ........................... 19

A. Arraignment and Initial Pretrial Conference. ............................................................. 19

B. Defense Counsel. ............................................................................................................. 19

1. Benefactor Payments. ................................................................................................... 19

2. Other Conflicts. ............................................................................................................. 19

3. Substitution of Counsel. ................................................................................................ 19

4. Requests for Funding by CJA Counsel. ........................................................................ 19

C. Bail Modifications and Appeals. .................................................................................... 20

1. Bail Modifications. ....................................................................................................... 20

2. Bail Appeals. ................................................................................................................. 20

D. Guilty Pleas. ..................................................................................................................... 20

E. Motions............................................................................................................................. 21

1. General Procedures. ...................................................................................................... 21

2. Discovery Motions. ....................................................................................................... 21

3. Memoranda of Law. ...................................................................................................... 21

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F. Sentencing. ....................................................................................................................... 21

1. Adjournments. ............................................................................................................... 21

2. Written Submissions on Sentence. ................................................................................ 21

3. Filing Sentencing Submissions and Letters. ................................................................. 22

V. PRE-TRIAL PROCEDURES AND RELATED FILINGS............................................. 23

A. Pre-Trial Procedures in Civil and Criminal Cases. ..................................................... 23

1. Joint Pretrial Order – Civil Cases Only. ....................................................................... 23

2. Motions in Limine. ........................................................................................................ 24

B. Additional Required Pretrial Submissions in Jury Cases. .......................................... 24

1. Joint Proposed Voir Dire, RTCs, and Verdict Sheet in Civil Cases. ............................ 24

2. Proposed Voir Dire, RTCs, and Verdict Sheet in Criminal Cases................................ 25

C. Additional Required Pretrial Submissions in Civil Non-Jury Cases. ........................ 25

1. Proposed Findings of Fact and Conclusions of Law. ................................................... 25

2. Affidavits. ..................................................................................................................... 26

D. Trial Exhibits and Demonstrative Aids. ....................................................................... 26

1. Exhibit List.................................................................................................................... 26

2. Exhibits. ........................................................................................................................ 26

3. Demonstratives. ............................................................................................................ 27

E. Wi-Fi Access and Technology Instructions. ................................................................. 27

1. Wi-Fi Access. ................................................................................................................ 27

2. Audio-Visual Needs. ..................................................................................................... 27

VI. TRIAL PROCEDURES ..................................................................................................... 29

A. Efficiency and Time Management. ................................................................................ 29

1. Schedule. ....................................................................................................................... 29

2. Time Limits. .................................................................................................................. 29

3. Sidebars. ........................................................................................................................ 29

4. Conferring with Opposing Party. .................................................................................. 29

5. Witness Availability...................................................................................................... 29

6. Jury Selection. ............................................................................................................... 29

B. Promoting Juror Understanding. .................................................................................. 30

1. Jury Instructions. ........................................................................................................... 30

2. Preliminary Instructions. ............................................................................................... 30

3. Supplemental Instructions. ............................................................................................ 30

4. Final Instructions. ......................................................................................................... 30

C. Other Tools to Promote Juror Understanding. ............................................................ 30

1. Juror Note Taking. ........................................................................................................ 30

2. Other. ............................................................................................................................ 31

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D. Juror Deliberations. ........................................................................................................ 31

1. Exhibits. ........................................................................................................................ 31

2. Juror Questions. ............................................................................................................ 31

3. Impasse. ........................................................................................................................ 31

E. Conduct During a Trial. ................................................................................................. 31

F. Post-Hearing and Post-Trial Procedures. ..................................................................... 32

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I. INDIVIDUAL RULES & PRACTICES APPLICABLE TO ALL MATTERS

A. Civility in All Proceedings.

Parties must act with the highest degree of professionalism and courtesy in their

dealings with the other parties, the Court and Court staff, and anyone else involved in

the litigation. Abusive conduct of any kind will not be tolerated and should be

promptly brought to the Court’s attention. This provision applies equally to

discovery communications between the parties and to conduct in depositions.

B. Communications with Chambers.

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

shall be by letter. Letters must be filed electronically on ECF. Letters seeking

relief should be filed on ECF as letter-motions, not as ordinary letters. Letters

may not exceed three pages in length (single-spaced, with standard font and

margins) without prior permission from Chambers. 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).

2. Telephone Calls. Telephone calls to Chambers are prohibited. All urgent

communications with the Court should occur pursuant to Rule I(B)(9).

3. Email. Although the Court prefers communications from parties be made by

letter or letter-motion filed on ECF as directed by Rule I(B)(1), supra, there may

be certain instances where email communication is necessary or more efficient.

Such instances may include, for example, notifying the Court of last-minute travel

delays that will affect a party’s ability to be present at a scheduled conference or

alerting the Court to an urgent letter filed on ECF.

Any email to the Court shall state the caption of the case clearly in the subject

line, beginning with the docket number and including the lead party names. All

email correspondence with the Court must copy all counsel of record in the

action; communications that do not will not be read or acted upon. If the email

references a letter or other document filed on ECF, an as-filed PDF copy of that

letter must be attached.

Parties should not email Chambers with questions that can be answered by

closely reading the Chambers website, these Individual Rules & Practices, or the

S.D.N.Y. Local Rules.

4. Faxes. Faxes to Chambers are not permitted.

5. Requests for Adjournments or Extensions of Time. All requests for

adjournments or extensions of time should be made by letter-motion and must

state: (1) the reason for the proposed adjournment or extension; (2) the original

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date(s); (3) the number of previous requests for adjournment or extension of time;

(4) whether the other party or parties consent and, if not, the reason given for

refusing to consent; and (5) proposed alternative dates, including any other

scheduled dates that may be affected by the requested adjournment or extension.

Absent an emergency, the request must be made at least two business days prior

to the original due date. In the event of such an emergency, after filing the

appropriate letter-motion on ECF, the parties should also alert Chambers to the

filing by email, following the procedures pertaining to email communications

with the Court detailed in Rule I(B)(3), supra, and clearly stating the nature of the

emergency.

6. Hand Deliveries. Hand-delivered mail should be left with the Court Security

Officers at the Worth Street entrance of the Daniel Patrick Moynihan Courthouse

at 500 Pearl Street, New York, NY 10007, and may not be brought directly to

Chambers. However, 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.

7. 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 Fed.

R. Civ. P. 42(a)(2), 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.

8. Electronic Case Filing (“ECF”). In accordance with the S.D.N.Y. 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.

9. Urgent Communications. Matters filed via ECF are not necessarily reviewed

the same day they are filed. If a matter requires urgent attention, parties should so

alert Chambers by email in accordance with the above rules, in addition to filing

any related submission on ECF.

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C. General Guidelines for All Submissions.

1. Submissions to be Filed on ECF. In accordance with the S.D.N.Y. Electronic

Case Filing Rules and Instructions, except as otherwise expressly provided, all

documents filed with the Court must be filed electronically.

2. Text-Searchable Submissions. All written submissions and supporting materials

must be text-searchable to the extent practicable.

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

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

Any motion to amend a pleading shall similarly be filed with a redline showing all

differences between the operative pleading and the proposed amended pleading.

D. Redactions and Filing Under Seal.

1. Redactions Not Requiring Court Approval. The parties are referred to the E-

Government Act of 2002, Fed. R. Civ. P. 5.2, 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 approval

from the Court, 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).

2. Redactions Requiring Court Approval, Generally. There is a presumption in

favor of public access to judicial documents, and any requests for redaction or

sealing must be narrowly tailored to serve whatever purpose justifies the redaction

or sealing. Other than redactions referenced in Rule I(D)(1), supra, any party

wishing to file a submission in redacted form or under seal must request

permission to do so. Unless delayed docketing is requested, the requesting party

shall proceed as outlined in Rules I(D)(3) and I(D)(4), infra.

3. Redactions Requiring Court Approval in Civil Cases.

i. Meet and Confer. Prior to requesting the Court’s permission to redact or

seal, the requesting party shall meet and confer with their adversary in a good-

faith effort to narrow the need for redactions or sealing and to secure consent,

if possible.

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ii. Redacted Document(s). Where a party seeks leave to file a document with

redactions, the party shall file a letter-motion 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 shall (1) request the

redactions; (2) indicate whether the party’s adversary consents to the

redactions and, if the adversary does not consent, describe the basis for

objection; (3) describe the efforts to meet and confer; and (4) explain why

redactions are appropriate in light of the presumption of public access to the

federal courts. The letter-motion shall be filed in public view and should not

include confidential information. At the same time, the party shall (1)

publicly file on ECF and electronically relate to the letter-motion a copy of the

document with the proposed redactions; and (2) file under seal on ECF (with

the appropriate level of restriction) and electronically relate to the motion an

unredacted copy of the document with the proposed redactions highlighted.

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

form, the party shall file a letter-motion 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 shall (1) request the sealing; (2) indicate

whether the party’s adversary consents to the sealing and, if the adversary

does not consent, describe the basis for objection; (3) describe the efforts to

meet and confer; and (4) explain why sealing is appropriate in light of the

presumption of public access to the federal courts. The letter-motion shall be

filed in public view 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.

iv. Submissions by Alternative Method. 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 the letter-motion and the document at issue by email to Chambers as

text-searchable PDF attachments, copying all counsel.

4. Redactions Requiring Court Approval in Criminal Cases.

i. Redacted Document(s). The party shall file the redacted version of the

document on ECF and shall simultaneously file a letter-motion seeking leave

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to file the document with those redactions and email Chambers, in accordance

with Rule I(D)(4)(iv)–(v), infra.

ii. Sealed Exhibit(s). Any party seeking leave to file a fully sealed exhibit

attached to an unsealed or redacted document shall file the main document (in

accordance with Rule I(D)(4)(i), supra, if the party is seeking redactions to the

main document) on ECF, accompanied by a single page marked “SEALED”

in place of any exhibit that the party seeks leave to file under seal, regardless

of the actual length of such exhibit. The party shall simultaneously file a

letter-motion on ECF requesting leave to file in that manner and email the

submission and letter-motion to Chambers in accordance with Rule

I(D)(4)(iv)–(v), infra.

iii. Sealed Entire Document(s). Any party seeking to file under seal an entire

submission (with or without exhibits) shall not file anything on ECF in the

first instance and shall email the submission and a letter-motion to Chambers.

The letter-motion must explain the purpose of the sealing and why sealing is

appropriate in light of the presumption of public access. If the party believes

that the letter-motion itself should be sealed or redacted, the letter-motion

should so state and should provide the justification therefor.

iv. Letter-Motion. The letter-motion described in Rules I(D)(4)(i)–(ii), supra,

must explain the purpose of the redactions or sealing and why the redactions

or sealing are appropriate in light of the presumption of public access.

Simultaneously, the party must email Chambers in accordance with Rule

I(D)(4)(v), infra. The party should endeavor to draft the letter-motion in a

form that can be filed publicly on ECF. If, however, the party believes that

the letter-motion itself should be sealed or redacted, the party should (1)

provide justification for this in the letter-motion; (2) include an unredacted

copy of the letter-motion as an attachment to the email described in Rule

I(D)(4)(v), infra; and (3) if possible, file a redacted version of the letter-

motion on ECF.

v. Emailing Chambers. Simultaneously with the procedures set out in Rules

I(D)(4)(i)–(ii), supra, the party should email to Chambers (1) a clean

(unredacted) copy of the document to be sealed or redacted; (2) if seeking

redaction, a copy of the document highlighting the information that has been

redacted in the ECF filing; and (3) a copy of the letter-motion (unredacted,

should the party also be seeking leave to file the letter-motion with redactions

or under seal).

5. Delayed Docketing. Unless delayed docketing is specifically requested and

granted, the Court will file any redacted or sealed documents with the District’s

Sealed Records Department.

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E. Policy on the Use of Electronic Devices.

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/sites/

default/files/pdf/standing-order-electronic-devices.pdf. If required by the Standing

Order, counsel seeking to bring a device into the Courthouse shall submit a copy of

the Electronic Devices General Purpose Form, available at https://nysd.uscourts.gov/

forms/fillable-form-electronic-devices-general-purpose, to the Court by e-mail at least

three business days prior to the relevant trial or hearing. Untimely requests 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 silent (i.e., no notification

sounds or vibrations) at all times. Absent permission from the Court, counsel may

not use their phones at counsel tables during proceedings. Non-compliance with this

rule may result in forfeiture of the device for the remainder of the proceedings.

Devices may not be used to record or transmit any Court proceeding, and photographs

or video recordings are not permitted.

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II. INDIVIDUAL RULES & PRACTICES IN CIVIL MATTERS

A. Conferences and Discovery.

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

conferences will be held in Courtroom 906 of the Thurgood Marshall United

States Courthouse, 40 Foley Square, New York, NY 10007. 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 Rule I(B)(1), supra.

2. Telephone and Video Conferences (“Remote Conferences”). Unless otherwise

ordered by the Court, any Remote Conference will be held via a Microsoft Teams

meeting organized by the Court. The following procedures shall apply to all

Remote Conferences:

i. At least one business day before a scheduled Remote Conference, the parties

must jointly email to the Court a list of counsel—absent permission of the

Court, no more than two per party—who may speak during the Remote

Conference.

ii. Prior to the Remote Conference, the Court will issue an Order with

instructions regarding how to join the Microsoft Teams meeting. The Court

will also email the Teams meeting link and dial-in information to counsel.

iii. Counsel who will be speaking should have their video cameras on throughout

the proceeding but should remain muted unless actively speaking. Counsel in

attendance who will not be speaking must have their videos off and be muted

for the duration of the conference.

iv. If counsel joins the Remote Conference by audio-only, counsel should dial-in

using a landline whenever possible, should use a headset or handset instead of

speakerphone, and must mute themselves whenever they are not speaking to

eliminate background noise. To facilitate the creation of an accurate transcript

if the conference is held on the record, counsel who are joining the conference

audio-only 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.

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

3. Attendance by Principal Trial Counsel. The attorney who will serve as

principal trial counsel must appear at all conferences with the Court.

4. Participation by Junior Attorneys. The Court encourages the participation of

less experienced attorneys in all proceedings—including pretrial conferences,

hearings on discovery disputes, and witness examinations at trial—particularly

where that attorney played a substantial role in drafting the underlying filing or in

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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. 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.

5. Initial Case Management Conference. The Court will generally schedule a

Fed. R. Civ. P. 16 conference approximately six weeks from the filing of the

Complaint. Plaintiff’s counsel (or, in a matter removed from state court,

defendant’s counsel) is responsible for distributing copies of the Notice of Initial

Pretrial Conference to all parties. The Notice will direct the parties to submit to

the Court, approximately one week prior to the conference date, a joint proposed

Case Management Plan and Scheduling Order (a model of which can be found on

the Court’s public webpage at https://nysd.uscourts.gov/hon-margaret-m-garnett)

and a joint letter, not to exceed three pages in length (single-spaced, with standard

font and margins), describing the case, any contemplated motions, and the

prospect for settlement. Requests for adjournments of the initial pretrial

conference must be made in accordance with Rule I(B)(5), supra.

6. 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 at least once with the opposing party—in person, by videoconference,

or by telephone—to resolve the dispute. If the meet-and-confer process does not

resolve the dispute, the party seeking discovery must submit a letter-motion to the

Court via ECF, no longer than three pages (single spaced, with standard font and

margins), explaining the nature of the dispute and why the party is entitled to

relief. The initial letter-motion must state: (1) the date(s), time(s), and duration of

each meet-and-confer conference; (2) the names of the attorneys who participated;

and (3) that the moving party informed the adversary during the last conference

that the moving party believed the parties to be at an impasse and that the moving

party would be requesting relief from the Court.

If the opposing party wishes to respond, it must do so in a letter not to exceed

three pages within two business days, and should promptly advise Chambers by

email (following the instructions for email correspondence with the Court detailed

in Rule I(B)(3), supra) that a responsive letter will be forthcoming. Reply letters

are not permitted.

If the Court schedules a conference, counsel should be prepared to discuss the

matters raised by such letters, as the Court will seek to resolve discovery disputes

quickly.

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7. Post-Fact-Discovery Conference. The Court will generally schedule a post-

fact-discovery conference approximately 25 to 30 days after the close of fact

discovery. No later than seven days after the deadline for a summary judgment

letter has passed, see Rule II(B)(9) infra, the parties shall submit to the Court a

joint letter, not to exceed three pages in length (single-spaced, with standard font

and margins), as directed and outlined in greater detail in the Civil Case

Management Plan and Scheduling Order, with brief descriptions of various

aspects of the status of the case.

B. Motions.

1. Pre-Motion Letters and Conferences. Pre-motion letters or conferences are not

required, except for letter-motions concerning discovery, which are governed by

Rule II(A)(6), supra, and the procedure applicable to summary judgment motions,

described in Rule II(B)(9), infra.

2. Memoranda of Law. Unless prior permission has been granted, memoranda of

law must conform to Local Civil Rule 7.1. Specifically, memoranda of law in

support of and in opposition to motions may not exceed 8,750 words, and reply

memoranda may not exceed 3,500 words. These limits do not include the caption,

any index, table of contents, table of authorities, signature blocks, or any required

certificates, but do include material contained in footnotes or endnotes. If a brief

is filed by an attorney or prepared with a computer, it must include a certificate by

the attorney, or party who is not represented by an attorney, that the document

complies with the word-count limitations. The person preparing the certificate

may rely on the word count of the word-processing program used to prepare the

document. The certificate must state the number of words in the document.

Briefs filed by a party who is not represented by an attorney, or are handwritten or

prepared with a typewriter, may not exceed 25 pages if filed in support of or in

opposition to a motion and may not exceed 10 pages if filed on reply. All

memoranda of law shall be formatted with one-inch margins and double-spaced.

All text must be in 12-point font or larger. Memoranda of 10 pages or more shall

contain a table of contents and table of authorities.

3. Courtesy Copies. One courtesy copy of a complete set of motion papers should

be submitted by the movant at the time the reply is served, or as soon thereafter as

reasonably practicable. Courtesy copies shall be mailed or hand-delivered to

Chambers (see supra Rule I(B)(6) for hand-delivery instructions). Courtesy

copies shall be submitted according to the following instructions:

i. Briefs should be printed single-sided and stapled in the upper-left corner. If

there are any exhibits or supplemental materials filed with that brief, the brief

shall be placed in the front left pocket of a three-ring binder containing those

materials, as described below;

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ii. In the three-ring binder, any affidavits, declarations, exhibits, or other motion

papers filed with that brief should be printed double-sided, three-hole-

punched, placed in the binder, and separated by binder tabs;

iii. Binder tabs should either (a) identify the tabbed document by title (e.g.,

“Affidavit of Jane Doe”), or (b) be numbered, as long as a corresponding table

of contents is included as the front page of the binder;

iv. Binders should include cover and spine sheets that clearly identify the full

case name and the documents included within (e.g., “Plaintiff’s Opposition to

Defendants’ Motion to Dismiss”); and

v. 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 so that the Court

will know to refrain from quoting those passages in opinions and orders.

Do not VeloBind or binder clip any courtesy copies submitted to the Court.

4. Letter-Motions. When permitted by the S.D.N.Y. Local Rules and 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. Courtesy copies of letter-

motions should not be provided to Chambers.

5. Oral Argument on Motions. As a matter of course, the Court will not typically

hold oral argument on motions. A party may nevertheless request oral argument

by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its

memorandum of law. If a party believes that the Court would benefit from oral

argument for a particular reason not obvious from the parties’ briefing, the party

may file a short letter—not a letter-motion—explaining the reason(s) on ECF no

later than three business days after the reply motion has been filed. In this letter,

the party should advise the Court if the oral argument would be handled by a less

experienced attorney because, as discussed in Rule II(A)(4), supra, that may make

the Court more inclined to hold oral argument. If oral argument is requested, the

Court will determine whether the argument will be heard and, if so, advise

counsel of the argument date.

6. Motions to Dismiss. If a defendant files a motion to dismiss, a plaintiff may

amend the complaint within 14 days of the motion to dismiss to address the issues

raised in the motion rather than answering the motion. Prior permission of the

Court is not required. If the plaintiff chooses to file an amended complaint, the

Court will deny the previously-filed motion to dismiss as moot without prejudice,

and the defendant must within 14 days after service of the amended complaint

(1) answer; (2) file a new or supplemental motion to dismiss; or (3) submit a letter

on ECF stating that it relies on the previously filed motion to dismiss. If the

defendant chooses to file a supplemental motion to dismiss, it must be filed using

the Motion to Dismiss ECF filing event and may incorporate by reference any

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portions of the briefing, declarations, or exhibits filed with its original motion to

dismiss. Any such supplemental briefing may not exceed five double-spaced

pages. If the defendant chooses to file a new or supplemental motion to dismiss

in response to the amended complaint, Plaintiff may not file a second amended

complaint without prior leave of Court.

7. Motions for Leave to Amend a Pleading. When moving to amend any

pleading, the moving party shall file with the motion a redline showing all

differences between the operative pleading and the proposed amended pleading.

8. Motions to Exclude the Testimony of Experts. Unless the Court orders

otherwise, motions to exclude the testimony of experts, pursuant to F.R.E. 702–

705 and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993),

line of cases must be made within 30 days after the close of expert discovery and

should not be treated as motions in limine.

9. Motions for Summary Judgment. If a party wishes to move for summary

judgment, it must, within 14 days after the close of fact discovery, request that the

pre-motion / pretrial conference previously scheduled for after the close of fact

discovery serve as a pre-motion conference. To so request, the moving party shall

submit a letter via ECF, not to exceed three single-spaced pages in length, setting

forth the basis for the anticipated motion, including the legal standards governing

the claims at issue. Moreover, if a party wishes to make a summary judgment

motion but believes such a motion is more appropriately made after expert

discovery, the letter should so state. Other parties shall respond similarly within

one week. The Court will review and discuss with counsel any anticipated

summary judgment motions at the pre-motion / pretrial conference. Should no

party wish to move for summary judgment, the parties shall file a joint letter in

advance of the post-fact-discovery conference as outlined, supra, under Rule

II(A)(7) and in the Civil Case Management Plan and Scheduling Order.

i. Generally Not Available in Non-Jury Cases. Absent good cause, the Court

generally will not consider summary judgment motions in non-jury cases.

Notwithstanding this general prohibition, if a party wishes to move for

summary judgment in a non-jury case, that party should so indicate in a letter

to the Court following the instructions applicable to jury cases, supra Rule

II(B)(9).

ii. Rule 56.1 Statements. If summary judgment briefing is scheduled, the

parties must meet and confer to prepare a Joint 56.1 Statement setting forth all

undisputed facts (“Joint Statement of Undisputed Facts”), with the moving

party first providing a draft to all other parties of facts it reasonably believes

to be undisputed. Any party moving for summary judgment shall provide all

other parties with an electronic copy, in Microsoft Word format, of the

moving party’s Statement of Material Facts Pursuant to Local Rule 56.1 as to

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any additional facts not contained in the Joint Statement of Undisputed Facts.

Opposing parties should insert any responsive entry directly beneath the

moving party’s corresponding numbered paragraph. If the opposing party

wishes to file their own, additional statements of material facts, it shall begin

numbering each entry where the moving party left off.

iii. Exhibits. For courtesy copies, any exhibits that cannot be provided as a hard

copy (e.g., Excel spreadsheets with numerous columns, videos) should be

indicated as such using a slipsheet.

10. Motions for Default Judgment. A plaintiff seeking a default judgment must

proceed by filing a motion for default judgment on ECF pursuant to Fed. R. Civ.

P. 55(b)(2) and Local Civil Rule 55.2(b). 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 the resolution of the entire action;

d) The proposed damages and the basis for each element of damages,

including interest, attorneys’ fees, and costs; and

e) Legal authority for why an inquest into damages would be

unnecessary;

ii. A proposed order awarding default judgment, which shall also detail all

relevant procedural history in support of the default judgment sought;

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 of the default, a Certificate from the Clerk of

Court stating that no answer has been filed.

The Court will review the motion for default judgment and, if appropriate, issue

an order setting a briefing schedule for the motion. 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 scheduling order. The plaintiff must file proof of such service on the

docket in the manner and by the date specified in the Court’s order.

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11. Motions for Temporary Restraining Orders (“TROs”). A party must confer

with his or her adversary before making an application for a TRO unless the

requirements of Fed. R. Civ. P. 65(b) are met.

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 and then email Chambers; 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, attaching as-filed PDFs of all papers.

As with any other communication with Chambers, parties must follow the

instructions for email communications with Chambers detailed in Rule I(B)(3),

supra.

12. Proposed Stipulations and Orders. In accordance with the S.D.N.Y. 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 S.D.N.Y. ECF Rules & Instructions §§

13.17-19 & App’x A. As noted in Rule I(B)(5), supra, requests for extensions

and adjournments should be made by letter-motion, not by proposed stipulation or

proposed order.

C. Settlement.

1. Settlement Agreements. The Court will not retain jurisdiction to enforce

confidential settlement agreements. If the parties request 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 request that the Court

endorse the settlement agreement or include the terms of their settlement

agreement in their stipulation of settlement and dismissal.

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III. INDIVIDUAL RULES & PRACTICES IN PRO SE CIVIL MATTERS

A. Pro Se Office.

The Pro Se Office is located at the Thurgood Marshall Courthouse, 40 Foley Square,

Room 105, New York, NY 10007. A pro se party can also contact the Pro Se Office

at (212) 805-0175.

B. Communications with Chambers.

1. Telephone Calls by a Pro Se Party. Pro se parties should call the Pro Se Office

at (212) 805-0175 with any questions. Pro se parties may not call the Court.

2. Written Communications by a Pro Se Party. All communications with the

Court by a pro se party should be in writing and delivered in person, mailed, or

emailed to the Pro Se Office (Thurgood Marshall Courthouse, 40 Foley Square,

Room 105, New York, NY 10007). No documents or court filings may be sent

directly to Chambers. Unless the Court orders otherwise, all communications

with the Court will be filed on the public docket.

3. Contact Information. Pro se parties are required to maintain their current

mailing address on the docket and must notify the Court of any change of address

by filing a change of address form with the Pro Se Office.

4. Communications by Parties Represented by Counsel. Except as otherwise

provided below, communications with the Court by a represented party are

governed by Rules I(B)(1)–(9), supra.

5. Requests for Adjournments or Extension of Time. All requests for

adjournments or extensions of time must be made in writing 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, as well as any other

existing deadlines.

Requests for extensions of deadlines regarding a matter that has been referred to a

Magistrate Judge must be addressed to that assigned Magistrate Judge. Absent an

emergency, any request for extension or adjournment must be made at least two

business days prior to the deadline or scheduled appearance. Requests for

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

deadline.

C. Filing of Papers and Service.

1. Papers Filed by a Pro Se Party. A pro se party may file papers with the Court

by: (a) mailing or delivering them in person to the Pro Se Office (address listed

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above); (b) emailing them as an attachment in PDF format to

Temporary_Pro_Se_Filing@nysd.uscourts.gov, in which case the pro se party

should follow the instructions contained in the April 1, 2020 Addendum to the

Court’s ECF Rules & Instructions; or (c) filing them on the electronic case filing

system (“ECF”), if the pro se party has filed a motion to participate in ECF that

has been granted by the Court.

A motion to participate in ECF is available in the Pro Se Office and at

http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-

filing-for-pro-se-cases. If the Court grants a motion to participate in ECF, the pro

se party will not receive hard copies of any document filed on ECF.

No papers may be sent directly to Chambers.

2. Service on a Pro Se Party. Unless a pro se party has consented to electronic

service, counsel in pro se cases must serve a pro se party with a paper copy of any

document that is filed electronically and must file with the Court a separate

Affidavit of Service. Submissions filed without proof of service that a pro se

party was served will not be considered.

To ensure timely service of documents, non-incarcerated pro se parties are

encouraged to consent to receive electronic service through ECF, as it will

generally expedite the progress of the litigation. To do so, pro se parties should

review the instructions available at

https://www.nysd.uscourts.gov/sites/default/files/2021-03/Consent_Pro-

Se_Eservice-Instructions.pdf, and then submit a Consent to Electronic Service

Form.

D. Discovery.

1. Discovery Requests. 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.

2. Discovery Disputes. If there are any discovery disputes, the parties are required

to confer with one another to try to resolve the dispute without raising any issue

with the Court. If the parties are unable to resolve their dispute, either party may

file a letter-motion, no longer than three pages (single-spaced, with standard font

and margins) and in accordance with Rule III(B)(2) above, explaining the nature

of the dispute and requesting an informal conference. If the opposing party

wishes to respond to the letter, it must promptly file a responsive letter, not to

exceed three pages (single-spaced, with standard font and margins).

E. Motions.

1. Filing and Service. All motions, unless brought on by an Order to Show Cause,

should be made with a return date six weeks after the date of service. Unless

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otherwise ordered by the Court, opposing papers must be served and filed within

four weeks of service of the motion papers, and reply papers, if any, must be

served and filed within two weeks of receipt of opposition papers.

2. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on

the pleadings, or a motion for summary judgment must provide the pro se party

with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

Courtesy Copies. Courtesy copies are not required to be submitted to Chambers in

pro se matters.

3. Motions to Dismiss. If a defendant files a motion to dismiss, a pro se plaintiff

may amend the complaint within 30 days to address the issues raised in the

motion rather than responding to the motion. If the pro se plaintiff chooses to file

an amended complaint, the defendant must within 14 days after service of the

amended complaint (1) answer; (2) file a new or supplemental motion to dismiss;

or (3) submit a letter on ECF stating that it relies on the previously filed motion to

dismiss.

4. Oral Argument. Unless otherwise ordered by the Court, argument will not be

heard in pro se matters.

F. Initial Case Management Conference.

Absent a motion to dismiss, the Court will generally schedule an initial case-

management conference within two months of the filing of the answer. Conferences

may be held remotely or in person. In-person conferences will be held in Courtroom

906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New

York, NY 10007.

An incarcerated party may not be able to attend scheduled in-person conferences but

may be able to participate by telephone. If an incarcerated party is unable to

participate by telephone, a family member or a representative may attend or otherwise

participate in the conference. If a representative is designated, he or she should

contact Chambers at (212) 805-0236 to determine the location of the conference. The

Court will also have a transcript of the conference sent to the incarcerated party. If an

incarcerated party does not have counsel and cannot participate by telephone, and a

representative cannot attend a conference, the pro se party should write to the Court

in advance of the conference regarding any issue the pro se party wishes to have

addressed at the conference.

The Court will set a schedule for the case at the initial case management conference.

In most cases, the Court will give the parties four months (from the date of the

conference) to complete all discovery and set a deadline for the filing of any motions

for summary judgment 30 days after the close of discovery. In advance of the initial

case management conference, the parties should, if practicable, confer with one

another to determine if such a schedule would be appropriate or if there is anything

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unusual about the case that would require more time and be prepared to discuss those

issues at the conference. The Court will issue a written order memorializing all dates

and deadlines following the conference.

G. Trial.

1. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of

the completion of discovery or, if a summary judgment motion is filed, within 30

days of the Court’s ruling on summary judgment, a pro se plaintiff shall file a

concise, written Pretrial Statement. This Statement does not need to take a

particular form, but it must contain the following: (1) a statement of the facts the

pro se plaintiff hopes to prove at trial; (2) a list of all documents or other physical

objects that the pro se plaintiff plans to put into evidence at trial; and (3) a list of

the names and addresses of all witnesses the pro se plaintiff intends to have testify

at trial. The Statement must be sworn by the pro se plaintiff to be true and

accurate based on the facts known by the pro se plaintiff. The pro se plaintiff

shall file an original, plus one courtesy copy, of this Statement with the Pro Se

Office and serve a copy on the defendant(s) or their counsel if they are

represented. The original Statement must include a certificate stating the date a

copy of the Statement was served to all other parties. Two weeks after service of

the pro se plaintiff’s Statement, the defendant(s) or their counsel must file and

serve a similar Statement of its case containing the same information.

2. 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 their 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 e-mail these documents to the Court

(GarnettNYSDChambers@nysd.uscourts.gov), 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 e-mail. If the pro se party wants to file such

documents, that party should do so as outlined in Rule III(C)(1) above.

H. Resources.

1. Court Website. Important information concerning proceeding pro se in this

Court is available at the Court’s website (https://www.nysd.uscourts.gov/prose).

2. Pro Se Law Clinic. 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

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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, 10am to

4pm. Appointments are also available remotely Monday through Friday, 10am to

4pm.

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IV. INDIVIDUAL RULES & PRACTICES IN CRIMINAL MATTERS

A. Arraignment and Initial Pretrial Conference.

When a case is assigned to this Court, the Government shall email Chambers,

copying the Courtroom Deputy (Keeva_Verneus@nysd.uscourts.gov), to arrange a

time for an arraignment and initial conference. The Government shall provide (1) the

name of the defendant(s); (2) defense counsel’s name and contact information; (3)

whether the defendant(s) is/are detained (and, if so, the relevant Reg. No.) or bailed;

(4) whether any defendant requires an interpreter (and, if so, the relevant language);

(5) times that the Government and defense counsel are available for the arraignment

and initial conference; and (6) any other pertinent information. The Government

shall email all charging instruments to Chambers, if they are not available on ECF, at

least two business days prior to the conference.

At the initial pretrial conference and all conferences thereafter, the Government shall

be prepared to address its ongoing duty to comply with its obligations to timely

disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963), and its

progeny, including as set forth in the standing order pursuant to Fed. R. Crim. P. 5(f).

B. Defense Counsel.

1. Benefactor Payments. Whenever defense counsel has received, or is receiving, a

benefactor payment that subjects counsel to a conflict of interest, said counsel

must promptly inform the Court and request a Curcio hearing.

2. 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.

3. Substitution of Counsel. When there is a request for substitution of defense

counsel, counsel of record must email Chambers, copying the Courtroom Deputy

(Keeva_Verneus@nysd.uscourts.gov) and the Government, to request a

conference be scheduled as soon as possible. If defense counsel believes an ex

parte conference is necessary, it should so indicate in its email. At the

conference, the Court will address the application by defense counsel to be

relieved. The defendant, proposed replacement counsel, and the Government

must also attend the conference.

4. Requests for Funding by CJA Counsel. CJA counsel requesting funding to

engage investigative, expert, mentorship, or other services should do so through

the CJA eVoucher system, not by letter to the Court. Requests for funding to

engage associate CJA counsel, however, must be made by letter on ECF.

Requests for authorization to seek interim payments may be made ex parte and

under seal, via email to Chambers, copying the Courtroom Deputy.

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C. Bail Modifications and Appeals.

1. Bail Modifications. 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 consent to the request. If the requested

modification pertains to a specific event or date, the request shall be made at least

two business days prior to the relevant event or date.

2. Bail Appeals. A party who wishes to appeal an adverse bail determination by the

Magistrate Judge shall contact Chambers, copying the Courtroom Deputy

(Keeva_Verneus@nysd.uscourts.gov), to arrange a conference for that purpose.

The party that brings the appeal shall provide the Court with the transcript of the

argument on bail before the Magistrate Judge and any written submissions before

the Magistrate Judge as to bail at least one business day prior to the conference.

D. Guilty Pleas.

If a defendant intends to enter a disposition to a charge, the Government must email

Chambers, copying the Courtroom Deputy (Keeva_Verneus@nysd.uscourts.gov), to

schedule a time for a change-of-plea proceeding. The Government must be prepared

to inform Chambers: (1) the times that it and defense counsel are available for the

plea; (2) whether the plea will be conducted under seal; and (3) whether an interpreter

is required (and, if so, the relevant language).

At least two business days prior to the plea, the Government must email Chambers

any plea agreement, cooperation agreement, Pimentel letter, and any related

documents (e.g., superseding charging instrument, order of forfeiture, etc.).

The Court expects change-of-plea proceedings to begin on time. Defendants and

defense counsel must review any plea, cooperation, or other agreement (with the

assistance of an interpreter, if necessary) in advance of the proceeding, so that the

plea may begin at the scheduled time. The parties should execute any plea or

cooperation agreement prior to the scheduled time for the plea. The defendant should

also be prepared in advance to give a narrative allocution that incorporates all of the

elements of the offense(s) to which the defendant is pleading guilty. In the interest of

clarity and efficiency, counsel is encouraged to assist the defendant(s) in writing an

allocution that can be read in open court during the plea proceeding.

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 prepared the defendant for the possibility of detention

commencing at the end of the plea proceeding.

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E. Motions.

1. General Procedures. All parties must submit motion papers on ECF and must

submit courtesy copies to the Court, following Rule II(B)(3), supra, except that

defense counsel and the Government may separately submit courtesy copies to the

Court by no later than the time the motion is fully submitted. If multiple

defendants in a case have filed pretrial motions, the Government must respond to

all motions in a single, omnibus brief, unless otherwise ordered.

2. Discovery Motions. In submitting discovery motions, counsel are expected to

comply with this District’s Local Criminal Rule 16.1. Any discovery motion

must contain the required Rule 16.1 affidavit.

3. Memoranda of Law. Unless prior permission has been granted, memoranda of

law in support of and in opposition to motions may not exceed 8,750 words, and

reply memoranda may not exceed 3,500 words. These limits do not include the

caption, any index, table of contents, table of authorities, signature blocks, or any

required certificates, but do include material contained in footnotes or endnotes.

If a brief is filed by an attorney or prepared with a computer, it must include a

certificate by the attorney, or party who is not represented by an attorney, that the

document complies with the word-count limitations. The person preparing the

certificate may rely on the word count of the word-processing program used to

prepare the document. The certificate must state the number of words in the

document. Briefs filed by a party who is not represented by an attorney, or are

handwritten or prepared with a typewriter, may not exceed 25 pages if filed in

support of or in opposition to a motion and may not exceed 10 pages if filed on

reply. All memoranda of law shall be formatted with one-inch margins and

double-spaced. All memoranda of law shall be in twelve-point font or larger,

double spaced, and text-searchable. Memoranda of 10 pages or more shall

contain a table of contents and 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.

F. Sentencing.

1. Adjournments. Any request for an adjournment of sentencing must be made by

letter-motion on ECF no later than three business days before the scheduled

proceeding. The request must state the reason for the adjournment and whether

opposing counsel consents.

2. Written Submissions on Sentence. Courtesy copies of written sentencing

submissions and letters must be submitted to Chambers, following Rule II(B)(3),

supra, except that defense counsel and the Government may separately submit

courtesy copies to the Court by no later than the time the Government’s

submission is due. Except as otherwise provided by the Court, a defendant’s

sentencing submission shall be filed two weeks in advance of the date set for

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sentence. The Government’s sentencing submission shall be filed one week in

advance of the date set for sentence.

3. Filing Sentencing Submissions and Letters. Except for submissions requested

to be filed under seal, every document in a sentencing submission, including

letters, must be filed on ECF. Letters should be grouped and filed together as

attachments to a single document marked “SENTENCING SUBMISSION,” with

the caption and docket number clearly indicated. The defendant is responsible for

filing all letters submitted on behalf of the defendant, including those from friends

and relatives. The Government is responsible for filing all letters from victims.

In this regard, the parties are referred to Section I(D) regarding sealing and

redactions above.

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V. PRE-TRIAL PROCEDURES AND RELATED FILINGS

For civil jury trials, refer to Rules V(A)–V(B)(1) and V(D).

For civil non-jury trials, refer to Rule V(A) and V(C)–V(D).

For criminal jury trials, refer to Rules V(A)(2), V(B)(2), and V(D).

For criminal non-jury trials, refer to Rules V(A)(2) and V(D).

In criminal cases, the Court will enter an order scheduling a final pretrial conference and

setting deadlines for pretrial submissions.

A. Pre-Trial Procedures in Civil and Criminal Cases.

1. Joint Pretrial Order – Civil Cases Only. On a schedule ordered by the Court,

the parties shall file on ECF a proposed Joint Pretrial Order that includes the

information required by Fed. R. Civ. P. 26(a)(3) and the following information:

i. The full caption of the action;

ii. The names, law firms, addresses, telephone numbers, and email addresses of

trial counsel;

iii. A brief statement (by each party to the extent their positions differ) of the

factual and legal basis for or against subject matter jurisdiction, including

citations to statutes and relevant facts as to citizenship and jurisdictional

amount;

iv. A brief summary (by each party to the extent their positions differ) of the

claims and defenses that remain to be tried, including citations to any relevant

statute, and a brief summary of claims and defenses previously asserted that

are not to be tried. The summaries shall not recite any evidentiary matter and

shall not be argumentative;

v. The number of trial days requested 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 joint statement summarizing the nature of the case, that may be read to

potential jurors during jury selection;

vii. A 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 of whether all parties have consented to trial by a Magistrate

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

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

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

or agreed statements of fact or law in a standalone document that can be

marked and admitted at trial;

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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 the Court, a

witness listed by both sides shall testify only once (with the defendant

permitted to go beyond the scope of the direct on cross-examination) and

counsel should confer with respect to scheduling;

xi. A designation by each party of deposition testimony to be offered in its case-

in-chief and any counter-designations and objections by any other party. The

parties need not designate deposition testimony to be used for impeachment

purposes only. In addition to a designation list, the parties shall provide the

complete deposition transcripts with color-coded highlighting indicating the

portions designated by each party and the objections listed in the margins.

Each party shall also provide a one-page synopsis of the deposition excerpt(s)

it plans to offer. Any objections not made are waived;

xii. A list by each party of exhibits to be offered in its case-in-chief, in accordance

with Rule V(D)(1), infra.

xiii. A statement of each element of damages and, except for intangible damages

(e.g., pain and suffering, mental anguish, or loss of consortium), the manner

and method used to calculate any claimed damages, and a breakdown of the

elements of such claimed damages;

xiv. Other requested relief; and

xv. A statement of whether the parties consent to less than a unanimous verdict.

Unless the Court orders otherwise for good cause shown, the parties shall be

ready for trial 30 days after the deadline for the Joint Pretrial Order.

2. Motions in Limine. Unless otherwise ordered by the Court, the parties shall file

and serve motions addressing any evidentiary issues or other matters to be

resolved in limine no later than four weeks before trial. 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; all motions in limine must include a representation

that the meet-and-confer process occurred and was unsuccessful. Absent leave of

the Court, each party must file a single memorandum of law in support of all

motions in limine filed by that party. Responses are due within one week after the

filing of a motion in limine. No reply briefs shall be filed.

B. Additional Required Pretrial Submissions in Jury Cases.

1. Joint Proposed Voir Dire, RTCs, and Verdict Sheet in Civil Cases. Unless

otherwise ordered by the Court, in civil jury cases, the parties shall file via ECF

joint case-specific proposed voir dire questions, joint case-specific proposed

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requests to charge (in plain English), and a joint verdict sheet at least two weeks

prior to trial. For any proposed voir dire question or request to charge on which

the parties cannot agree, each party should clearly set forth its proposed question

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

charge, with citations to supporting authority. 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. Proposed voir dire questions

should include only those questions unique to the facts of the case being tried. At

the time of filing, parties should also submit copies of these documents to the

Court by email as Microsoft Word documents.

2. Proposed Voir Dire, RTCs, and Verdict Sheet in Criminal Cases. Unless

otherwise ordered by the Court, in criminal jury cases, the parties shall each file

via ECF case-specific proposed voir dire questions, case-specific proposed

requests to charge (in plain English), and a verdict sheet at least two weeks prior

to trial. If multiple defendants will be tried, all defendants must, unless otherwise

ordered, submit a single request to charge and a single set of proposed voir dire

questions. 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. Proposed voir dire questions should include only those questions unique

to the facts of the case being tried. At the time of filing, parties should also

submit copies of these documents to the Court by email as Microsoft Word

documents.

C. Additional Required Pretrial Submissions in Civil Non-Jury Cases.

1. Proposed Findings of Fact and Conclusions of Law. Unless otherwise ordered

by the Court, the parties shall file proposed findings of fact and conclusions of

law by the time of filing the Joint Pretrial Order. The parties must meet and

confer in an effort to reach agreement with respect to those findings and

conclusions as to which there is no dispute; as to any agreed-upon findings and

conclusions, the parties must make a joint submission. The proposed findings of

fact should be detailed and include citations to the proffered trial testimony and

exhibits, as there may be no opportunity for post-trial submissions. At the time of

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

email in both Microsoft Word and PDF format, as well as provide courtesy copies

as set out in Rule II(B)(3).

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2. Affidavits. Counsel shall email to the Court a copy of the direct testimony of

each witness (excluding the direct testimony of an adverse party, a person whose

appearance must be compelled by subpoena, or a person for whom the Court has

agreed to hear direct testimony live at trial) in the form of an affidavit setting

forth the narrative of their testimony in numbered paragraphs. Counsel shall also

deliver courtesy copies to the Court. The affidavit should be treated as a direct

substitute for the witness’s live testimony; that is, counsel should be attentive to

the Federal 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 counsel 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.

D. Trial Exhibits and Demonstrative Aids.

1. Exhibit List. Within the deadlines ordered by the Court, the parties shall email to

the Court and opposing counsel a Microsoft Word document listing all exhibits

sought to be admitted. The list shall contain six columns labeled as follows: (1)

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

Objection”; (4) “Admissibility Objection”; (5) “Date Identified”; and (6) “Date

Admitted.” The parties shall complete the first four columns, but leave the fifth

and sixth columns blank, to be filled in by the Court during trial. If a party

objects to an exhibit, the objection should be noted in the third and/or fourth

columns by indicating the Federal Rule of Evidence that is the basis for the

objection and any other authority. In civil cases, any objections not made shall be

deemed waived, and any exhibits not objected to shall be deemed admissible at

trial. In general, the Court will rule on relevance and authenticity objections at

the time of trial.

2. Exhibits. At the start of trial, parties shall also email the Court and opposing

counsel (but not file on ECF) an electronic copy of each exhibit sought to be

admitted, and in a criminal case, Section 3500 material, with each filename

corresponding to the relevant exhibit number (e.g., “GX-1,” “PX-1,” “DX-1,”

etc.). If files are too large for submission by email, the parties may provide the

Court materials via a secure file-sharing link. Court time may not be used for

marking exhibits. Exhibits shall be pre-marked, and if possible, pre-admitted in

advance of the Court session. Any exhibit offered in evidence should, at the time

it is offered, be shown to opposing counsel unless it was provided pre-marked to

counsel before the proceeding.

Parties shall also provide the Court with two sets of tabbed, three-ring binders

containing the exhibit list described in Rule V(D)(1), supra, and hard copies of

the pre-marked documentary exhibits, as well as (in criminal cases) Section 3500

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material from the Government, in sequential order. Any exhibits that cannot be

provided as a hard copy (e.g., Excel spreadsheets with numerous columns, videos)

should be indicated as such using a slipsheet.

If one complete set of hard copies of pre-marked exhibits cannot be confined to

two three-inch binders, the parties may instead create witness-specific binders

(i.e., a binder or binders with the exhibits for the direct examination and/or cross

examination of a specific witness.) The parties should prepare at least three

copies of any witness examination binders (one for the witness and two for the

Court) and should provide those to the Court and the witness at the beginning of

the respective witness’ examination.

At the end of the hearing or trial, counsel should make sure they have all of their

original exhibits.

3. Demonstratives. Demonstratives that will not be introduced into evidence need

not be listed, but they must be shared with the Court and opposing counsel in

advance of their attempted use in Court. Prior to any attempted use of

demonstratives, the parties shall confer in an effort to resolve any objections to

their use. Any objections that are not resolved shall be raised with the Court no

later than the business day prior to the anticipated use of the demonstrative.

E. Wi-Fi Access and Technology Instructions.

1. Wi-Fi Access. Attorneys may obtain authorization to use the Court’s Wi-Fi

system in Judge Garnett’s Courtroom during a hearing or trial by submitting an

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

website. The completed form should be submitted as early as possible—and

certainly no later than five business days before the start of the trial or hearing. If

approved and signed by Judge Garnett, a copy of the Order will be sent to the

requesting attorney, who will receive a network name, username, password, and

instructions from the District Executive’s Office on or before the first day of the

scheduled proceeding. Wi-Fi access is limited to the approved attorney (who may

not share his or her username or password with others) for the duration of the

proceeding and for Courtroom 906 (unless Judge Garnett or another judicial

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

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

Chambers at least five business days prior to the proceeding.

2. Audio-Visual Needs. If a party wishes to use audio-visual equipment at a

hearing or trial, it is that party’s responsibility to ensure that any required

approvals are obtained and that the necessary equipment is set up and working

properly in advance of trial. For jury trials, the parties must contact the

Courtroom Deputy, Keeva Verneus, at Keeva_Verneus@nysd.uscourts.gov

sufficiently in advance of trial to make the necessary arrangements for a

technology walk-through and to test the equipment; it is also recommended that

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parties in a bench trial contact Ms. Verneus for these purposes. To the extent that

authorization is required to use electronic devices, a party must submit an

Electronic Device and Wi-Fi Access Request Form, which is available on the

Court’s website. The completed form should be submitted as early as possible,

and certainly no later than five business days before the start of the trial or

hearing.

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VI. TRIAL PROCEDURES

A. Efficiency and Time Management.

1. Schedule. Unless otherwise decided by the Court, trials will generally be

conducted Monday through Thursday from 9:30 a.m. to 5:00 p.m., with breaks

throughout the day. When the jury is not seated, the parties may raise issues for

rulings that may arise during the trial. In jury trials, in order to keep distractions

during the trial to a minimum, counsel shall be present by 9:00 a.m. and available

after 5:00 p.m. to discuss scheduling and any disputed matters that may arise.

2. Time Limits. In most civil cases, the Court will impose time limits on both sides

at the final prehearing or pretrial conference. The parties should be prepared to

address the issue of time limits at the final prehearing or pretrial conference.

3. Sidebars. Sidebars during jury trials are strongly disfavored and will not be

permitted if abused. Counsel are expected to anticipate any issues that might

require argument and to raise those issues with the Court in advance of the time

that the jury will be hearing the evidence, ideally in advance of the final pretrial

conference.

4. Conferring with Opposing Party. Whenever possible, a party shall first raise

any issue with the opposing party before raising the issue with the Court,

including anticipated evidentiary and legal issues that require argument.

5. Witness Availability. The parties are expected to present witnesses throughout

the entire trial day. Unless good cause is shown, if a party does not have another

witness available on a given day, that party will be deemed to have rested.

Counsel shall notify the Court and other counsel in writing, at the earliest possible

time, of any particular scheduling problems involving witnesses so that other

arrangements can be made to fill the trial day.

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

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. After the voir dire of each juror, there will be a determination as to

whether there are any challenges for cause. Each panelist removed for cause will

be replaced, so that a full panel is present before any peremptory challenges are

exercised.

Next, peremptory challenges will be exercised against the panelists who compose

the potential members of the regular jury. Peremptory challenges will be

exercised simultaneously, with the parties each submitting a written list of

panelists that they wish to excuse. Any overlap among those lists will not result

in parties receiving additional challenges. The jurors will be selected starting

with the unchallenged juror with the lowest number.

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Finally, peremptory challenges are exercised against the panelists who comprise

the potential alternate jurors. Again, peremptory challenges will be exercised

simultaneously. In the event of an overlap in challenges, the jurors will be

selected from among those with the lowest numbers.

B. Promoting Juror Understanding.

1. Jury Instructions. All instructions to the jury will be in plain language that is as

understandable as possible to non-lawyers.

2. Preliminary Instructions. The Court will give preliminary instructions on the

law at the beginning of the trial, before the parties’ opening statements. The

preliminary instructions will explain the jury’s role, trial procedures, the nature of

evidence and its evaluation, basic relevant legal principles, including definitions

of unfamiliar legal terms, the parties’ claims and defenses, what the parties need

to prove in order to sustain their claims and defenses, burden of proof, and any

pertinent instructions. Preliminary instructions will facilitate better decision-

making by jurors as well as a greater understanding of their duty in the decision-

making process. Jurors’ ability to recall relevant evidence and apply the law to

the facts will improve if they understand in advance the context in which they will

be required to evaluate or analyze the evidence presented during the trial.

3. Supplemental Instructions. The Court will give supplemental instructions

during the course of the trial, as necessary, to assist the jury in understanding the

facts and law.

4. Final Instructions. The Court will give final instructions on the law at the end of

the presentation of evidence, before the parties’ closing statements. The Court

will communicate clearly to the jury that the instructions given at the end of the

trial will control deliberations. Each juror will be provided with a written copy of

the final instructions for use while the jury is being instructed and during

deliberations.

C. Other Tools to Promote Juror Understanding.

1. Juror Note Taking. Jurors will be permitted but not required to take notes

during the trial. Jurors will be instructed that the notes are to aid their memory of

the evidence and are not a substitute for their recollection of the evidence in the

case.1 The Court will provide each juror with a notebook or paper and pens. The

0F

notes will be collected and destroyed at the conclusion of the trial.

1 Sample jury instruction: “If you took notes during the course of the trial, you shall not show your notes to or

discuss your notes with any other juror during your deliberations. Any notes you have taken are to be used solely to

assist you. The fact that a particular juror has taken notes entitles that juror’s views to no greater weight than those

of any other juror. Finally, your notes are not to substitute for your recollection of the evidence in the case. If you

have any doubt as to any testimony, you may request that the testimony be read back to you, as I mentioned earlier.”

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2. Other. The Court is open to other techniques to enhance juror comprehension.

D. Juror Deliberations.

1. Exhibits. The Court ordinarily will provide all exhibits admitted into evidence to

the jurors for use in the jury room during deliberations. Immediately before the

jury deliberates, the parties shall provide the Court with digital copies of the

admitted exhibits as set forth in Rule V(D)(2) above.

2. Juror Questions. When jurors submit a question during deliberations, the Court,

in consultation with the parties, will supply a prompt, complete, and responsive

answer or will explain to the jurors why it cannot do so.

3. Impasse. The Court will endeavor to assist a jury that advises the Court that it

has reached an impasse in its deliberations, including directing that further

proceedings occur if appropriate.

E. Conduct During a Trial.

1. Counsel shall address all remarks to the Court, not to opposing counsel.

2. Only one attorney for each party shall examine, or cross-examine, each

witness. The attorney stating objections, if any, during direct examination

shall be the attorney recognized for cross-examination. The attorney who

conducts direct examination shall be the attorney who states any objections

during cross-examination.

3. Counsel shall refer to all persons, including witnesses, other counsel, and

parties by their surnames and not by their first or given names.

4. In making an objection, counsel shall be brief and direct. (For example, by

stating, “Objection, hearsay,” or by citation to the relevant Federal Rule of

Evidence number.) In jury trials, counsel shall not argue the objection in the

presence of the jury or argue with the ruling of the Court in the presence of the

jury.

5. Offers of, or requests for, a stipulation shall be made privately, not within the

hearing of the jury. In most instances, stipulations shall be reduced to writing

in a form that can be marked and admitted at trial.

6. During jury trials, counsel shall not make any motion (e.g., for a mistrial) in

the presence of the jury. Such matters may be raised during a recess, or in

exigent circumstances, by requesting a sidebar.

7. Counsel shall request permission before approaching the bench. Any

document that counsel wishes to have the Court examine shall be handed to

the Courtroom Deputy. Absent permission from the Court, counsel are to

remain at the lectern during witness examinations.

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8. Counsel shall avoid delay by having all exhibits counsel intends to use with a

witness prepared and readily accessible when commencing the examination.

9. Counsel shall be respectful of opposing counsel, the litigants, and the

witnesses.

F. Post-Hearing and Post-Trial Procedures.

Counsel are responsible for promptly raising any issue concerning the accuracy of

transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel

perceiving an error that is material shall stipulate to the appropriate correction or, if

agreement cannot be reached, shall proceed by motion on notice. Non-material

defects in syntax, grammar, spelling, or punctuation should be ignored.

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Updated by the court: not stated on the court's page
Checked by us: Oct. 9, 2026, 11:50 a.m.

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