Hon. Nelson S. Roman — Individual Rules of Practice

August 24, 2026

INDIVIDUAL PRACTICES IN CIVIL CASES

Nelson S. Román, United States District Judge

Chambers Courtroom Deputy Clerk

United States Courthouse Ms. Gina Sicora

300 Quarropas Street (914) 390-4178

White Plains, NY 10601 Gina_Sicora@nysd.uscourts.gov

Tel (914) 390-4177

Courtroom 218

Chambers Email

RomanNYSDChambers@nysd.uscourts.gov

Unless otherwise ordered by Judge Román, these Individual Practices apply to all civil matters

except for civil pro se cases (see Rules for Pro Se Cases). In cases designated to be part of the

Court’s pilot programs or plans (e.g., the Section 1983 Plan, the Case Management Plan for

Complex Civil Cases, or Initial Discovery Protocols for Employment Cases Alleging Adverse

Action), those procedures shall govern to the extent that they are inconsistent with these

Individual Practices.

1. Communications with Chambers

A. Letters. Except as otherwise provided below, communications with Chambers shall be

by letter, with copies simultaneously delivered to all counsel. Unless there is a request to

file a letter under seal or a letter contains sensitive or confidential information, all letters

shall be filed on ECF. Letters under seal or containing sensitive or confidential

information shall be delivered to the Court via email or mail. Do not email and mail the

same letter. Correspondence between counsel shall not be sent to the Court or filed on

ECF (except as exhibits to an otherwise properly filed document.

B. Docketing, Scheduling, and Calendar Matters. Please call Gina Sicora, Courtroom

Deputy Clerk, at (914) 390-4178.

C. Telephone Calls. Telephone calls to Chambers are permitted only for urgent matters

requiring immediate attention. In such rare situations, call Chambers (914) 390-4177.

D. Requests for Adjournments or Extensions of Time. All requests for adjournment or

extension of time shall be filed on ECF and sent to Chambers by email, stating as follows:

(1) the original date(s), (2) the number of previous requests for adjournment or extension,

(3) whether these previous requests were granted or denied, (4) the reason for the instant

request, (5) whether the adversary consents, and, if not, the reasons given by the

adversary for refusing to consent, and (6) if the adversary consents, three mutually

agreeable alternate conference dates, which should be on a Thursday or Friday.

Any request for adjournment or extension of time must be made at least 48 hours prior

to the original deadline. If the requested adjournment or extension affects any other

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scheduled dates, a proposed Revised Scheduling Order must be attached.

Absent extraordinary circumstances, requests for extensions of time will be denied if not

made before the expiration of the original deadline.

E. Proposed Orders and Stipulations. All proposed orders, and stipulations requiring the

Court’s signature, must be filed on ECF.

F. Related Cases. After an action has been accepted as related to a prior filed action, all

future court papers and correspondence must contain the docket number of the new

action as well as the docket number of the related case (e.g., 11 Civ. 1234 [rel. 10 Civ.

4321]).

G. ECF. All attorneys representing parties before Judge Román are required to register

promptly as ECF Filers and must file a notice of appearance. Pertinent instructions are

available on the Court website, at http://www.nysd.uscourts.gov/ecf.php. 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.

2. Conferences

A. In General. Conferences conducted by Judge Román will generally take place

telephonically. Conferences conducted by a Magistrate Judge will take place according

to the Magistrate’s instructions. As a matter of policy, the Court supports the professional

development of the next generation of litigators and strongly encourages the participation

of relatively inexperienced attorneys in all types of courtroom proceedings, including

conferences and trials.

B. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial

counsel shall appear at all conferences with the Court. However, the Court encourages

junior attorneys who have worked on the case to take an active role during conferences.

Any attorney appearing before the Court shall enter a Notice of Appearance on ECF.

C. Initial Case Management Conference, Personal Injury Case. In any case involving

allegations of personal injury - whether physical, psychological, emotional, or otherwise

- the plaintiff is to provide the defendant with all necessary medical authorizations at

least twenty-one days prior to the initial pretrial conference. If the initial pretrial

conference is waived, then the medical authorizations must be provided at least fourteen

days prior to the first scheduled conference before the magistrate judge.

3. Pleadings and Motions

A. Pre-Motion Conferences. A pre-motion conference with the Court is required before

making any other motion, except motions for admission pro hac vice, motions in limine,

and motions for temporary restraining orders. To arrange a pre-motion conference, the

moving party shall submit a letter, not to exceed three pages, setting forth the basis for

the anticipated motion. The opposing party shall submit a letter, also not to exceed three

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pages, setting forth its position within three business days from the service of the moving

party’s letter. If a pre- motion conference is requested in connection with a proposed

motion to dismiss, the request will stay the deadline for the requesting party to move or

answer, and a new deadline will be set by the Court.

B. Memoranda of Law. The Court encourages and appreciates brevity. Unless prior

permission has been granted, memoranda of law in support of and in opposition to

motions are limited to 25 pages, and reply memoranda are limited to 10 pages. All

memoranda of law shall be in 12-point font or larger and be double-spaced. Memoranda

of 10 pages or more shall contain a table of contents and a table of authorities, neither of

which shall count against the page limit. The service and/or filing of any sur-reply

memoranda, without prior permission of the Court, will be deemed a nullity. All

appendices to memoranda of law must be tabbed and indexed.

C. Filing of Motion Papers. Motion papers shall be filed via ECF promptly after reply

papers have been served. Discovery disputes are not to be raised by motion unless

directed by the Court.

D. Courtesy Copies. One courtesy electronic copy of all pleadings shall be submitted via

email to Chambers as soon as practicable after filing. One courtesy hard copy of all

motion papers shall be submitted via mail to Chambers when served on the other parties.

All courtesy copies must be clearly marked as such, bound, and tabbed.

E. Oral Argument on Motions. Parties may request oral argument by letter at the time

their moving or opposing reply papers are filed. The Court will determine whether

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

with the Court’s commitment to providing courtroom opportunities to less experienced

attorneys, the Court will make a greater effort to grant argument where a junior attorney

will argue the motion.

F. Motions to Dismiss. See Rule 3.A., supra, concerning pre-motion conferences.

G. Summary Judgment Motions.

i. See Rule 3.A., supra, concerning pre-motion conferences, and Local Civil Rule

56.1 concerning statements of material facts.

ii. A party represented by counsel must submit a Rule 56.1 statement of material

fact either in support of, or in opposition to a Rule 56 Summary Judgment Motion.

See Fed. Rul. Civ. Pro. 56. The Rule 56.1 statement of material fact shall include

proper citation(s) in support of the factual contention asserted.

iii. Any Rule 56.1 statement in support of a motion for summary judgment is limited

to no more than 25 pages, unless leave of the Court to file a longer document is

obtained at least one week prior to the due date of such motion for summary

judgment.

iv. 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. Opposing parties shall reproduce

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each entry of the moving party’s Rule 56.1 Statement and shall set out responses

to each entry directly beneath it.

v. Parties submitting papers in support of or in opposition to a motion for summary

judgment shall submit only those exhibits necessary to decide the motion and

should not submit, for example, entire deposition transcripts or every exhibit used

at a deposition. The Court may strike documents that do not comply with these

rules.

H. Motions to Exclude Testimony of Experts. Pursuant to Rules 702–705 of the Federal

Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579

(1993), line of cases, motions to exclude testimony of experts should be treated as

motions in limine. See infra Rule 5.B.

I. Applications for Injunction and/or Temporary Restraining Order. A party seeking

a preliminary injunction and/or Temporary Restraining Order must comply with Rule 65.

See Fed. Rul. Civ. Pro. 65. All moving parties must confer with their adversary before

making an application for a temporary restraining order, unless the requirements of Rule

65(b)(1)(B) are met. When seeking a preliminary injunction and/or temporary restraining

order, the moving party must send all their papers (in text-searchable PDF format) to the

Court by email, copying counsel for all relevant parties. The email should (1) include the

word “URGENT” in the subject line; (2) provide a telephone number at which the party

(and any other relevant parties) can be reached; and (3) provide the relevant parties’

availability for a telephone conference. Parties should not hand-deliver any documents

without advance permission from the Court. Additionally, parties must file all papers on

ECF as they are emailed to Chambers.

J. Default Judgments. A plaintiff seeking a default judgment shall proceed by way of an

order to show cause pursuant to the procedure set forth in Attachment A.

K. Proposed Orders. All proposed orders that parties wish the Court to sign should be

submitted as attachments or exhibits to an appropriate formal application to the Court

seeking the endorsement of such order.

4. Other Pretrial Guidance

A. Redacting Personal Information. Regarding document submissions, the parties must

comply with the E-Government Act of 2002 and the Southern District’s ECF Rules &

Instructions, Section 21, Privacy and Public Access to ECF Cases (“ECF Privacy

Policy”). See also Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006).

i. Parties may not, unless necessary, include the five categories of “sensitive

information” in their submissions (i.e., social security numbers, names of minor

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

numbers, and home addresses [use only the City and State]).

ii. Parties may redact the above five categories of “sensitive information” and the

six categories of information requiring caution (i.e., personal identifying number;

medical records, treatment and diagnosis; employment history; individual

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financial information; proprietary or trade secret information; and information

regarding an individual’s cooperation with the government) as described in the

ECF Privacy Policy, without application to the Court. If any material is redacted

from the publicly filed document, only those pages containing the redacted

material will be filed under seal.

iii. If a party redacts information beyond the eleven categories of information

identified in the ECF Privacy Policy, an application to do so must be sent to

Chambers by email, copying opposing counsel, prior to filing the redacted

document on ECF. The application should clearly identify the redaction and

explain the reasons for the redaction.

B. Cases Removed from State Court. Counsel for the party or parties which removed the

case must, in addition to providing a copy of all process, pleadings, and papers served

upon the defendants pursuant to 28 U.S.C. § 1446(a), provide the Court with a courtesy

copy of any pleading filed or served while the case remained in State court. All courtesy

copies must be clearly marked as such, bound, and tabbed.

Counsel for all parties must file a notice of appearance in this Court promptly upon

removal.

C. Bankruptcy Appeals. Briefs must be submitted in accordance with Federal Rules of

Bankruptcy Procedure 8009–8010. Counsel may extend the default deadlines by

stipulation submitted to the Court no later than two business days before the brief is due.

The page limits in Local Rule 7.1(b) must be observed.

5. Trial Procedures

A. Joint Pretrial Orders. Unless otherwise ordered by the Court, within 30 days after the

date for completion of discovery, or, if a dispositive motion has been filed, within 30

days after a decision on the motion, the parties should electronically file via ECF a joint

pretrial order and provide one courtesy copy to the Court. The joint pretrial order shall

include the information required by Federal Rule of Civil Procedure 26(a)(3) and the

following:

i. The full caption of the action;

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

iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a

brief statement by each other party as to the presence or absence of subject matter

jurisdiction. Such statements shall include citations to all statutes relied upon and

relevant facts as to citizenship and jurisdictional amount;

iv. A summary by each party of the claims and defenses that, according to the party,

remain to be tried, without recitation of evidentiary matters but including citations

to all statutes relied upon. Such summaries shall also identify all claims and

defenses previously asserted which are not to be tried;

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v. A statement as to the number of trial days needed and regarding whether the case

is to be tried with or without a jury;

vi. A statement as to whether or not all parties have consented to trial by a magistrate

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

vii. Any stipulations or agreed statements of fact or law to which all parties consent;

viii. A list of all trial witnesses, indicating whether such witnesses will testify in

person or by deposition, and a summary of the substance of each witness’s

testimony. Deposition testimony will only be permitted if allowed by the Federal

Rules of Civil Procedure and the Federal Rules of Evidence and if the witness is not

otherwise testifying in person;

ix. 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;

x. A list by each party of exhibits to be offered in its case in chief, with one star

indicating an objection by the opposing party based on authenticity. When a party

objects to an exhibit on any grounds other than authenticity, the objection should

be noted by indicating the Federal Rule of Evidence that is the basis for the

objection;

xi. A statement of the damages claimed, and any other relief sought, including the

manner and method used to calculate any claimed damages and a breakdown of

the elements of such claimed damages; and

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

B. Motions in limine. At the pretrial conference, the Court will set a briefing schedule for

any motions the parties wish to file addressing evidentiary issues or other matters which

should be resolved in limine. Parties submitting motions in limine should file one

consolidated motion to address all evidence they seek to exclude. Each party shall mail

to the Court one courtesy copy and email one courtesy copy of all motion papers on the

date those papers are filed. All mailed courtesy copies shall be clearly marked as such,

bound, and tabbed.

C. Additional Submissions in Jury Cases. At the pretrial conference, the Court will set a

schedule for submission of additional materials, including proposed voir dire questions,

requests to charge, and verdict forms. These submissions, including any oppositions,

shall be filed via ECF and sent to Chambers by email, with one courtesy copy of each

submitted to Chambers.

The parties proposed voir dire should include a paragraph (preferably one agreed upon

by the parties and designated as such) for the Court to use during jury selection which

provides a brief explanation of the case. If the parties cannot agree to a paragraph after

good faith efforts, their respective proposed paragraphs (designated as such) should be

set forth in their respective submissions.

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Each proposed jury instruction must contain a citation to the source or authority for the

proposed instruction, or the request will be disregarded.

D. Trial Exhibits. At the time that the joint pretrial order is filed, each party shall submit to

the Court a tabbed and indexed binder containing one copy of each documentary exhibit

sought to be admitted. Exhibits need not be electronically filed.

E. Additional Submissions in Non-Jury Cases. At the time the joint pretrial order is filed,

each party shall:

i. Electronically file via ECF proposed findings of fact and conclusions of law and

provide one courtesy copy to the Court. The proposed findings of fact should be

detailed and should include citations to the proffered trial testimony and exhibits,

as there may be no opportunity for post-trial submissions.

ii. Submit to the Court and serve on opposing counsel, but shall not electronically

file, all deposition excerpts which will be offered as substantive evidence, as well

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

include page citations to the pertinent pages and lines of the deposition

transcripts.

iii. Submit to the Court and serve on opposing counsel, but shall not electronically

file, copies of affidavits constituting the direct testimony of each trial witness,

except for the direct testimony of (1) an adverse party, (2) a person whose

attendance is compelled by subpoena, or (3) a person for whom the Court has

agreed to hear direct testimony live at the trial. Three business days after the

submission of such affidavits, counsel for each party shall submit a list of all

affiants whom he or she intends to cross-examine at the trial. Only those

witnesses who will be cross-examined need to appear at trial. The original signed

affidavits shall be brought to trial to be marked as exhibits.

F. Trial Counsel. In accordance with its policy of promoting the professional development

of relatively new litigators, the Court welcomes the active participation of junior

attorneys who have assisted in the preparation of the case during trial.

G. Trial Schedule. Trials will generally be conducted Monday through Thursday from 9:30

a.m. to 5:00 p.m.

6. Policy on the Use of Electronic Devices

A. Mobile Phones and Personal Electronic Devices. Attorneys’ use of mobile phones,

and other personal electronic devices within the Courthouse and its environs is governed

by Standing Order M10-468.

B. Computers, Tablets (i.e., iPads), Printers, or Other Electronic Equipment. For an

attorney to bring any computer, tablet, printer, or other electronic equipment not

qualifying as a “personal electronic device” into the Courthouse, prior authorization is

required. An Application to Bring an Electronic Device into the Courthouse must be

submitted to Chambers at least 10 business days in advance of the relevant trial or

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hearing. Upon approval, an order will be issued and must be shown to Court Security

Personnel to enter the courthouse with the approved equipment.

7. Policy on the Use of Artificial Intelligence (“AI”)

A. Every attorney or party who uses an AI tool in preparing any document, including

pleadings and/or motion papers submitted to this Court is expected to understand the tool’s

capabilities and limitations. Attorneys and parties should understand that AI tools may

and have on occasion generated fabricated information, fictitious citations and authority.

Any party utilizing an AI tool in drafting a document which is to be submitted to the Court

must inform the Court of its use and identify which portion of the document was created

or generated with the use of the AI tool. The parties are strongly encouraged to review and

ensure any AI generated information is proper, legally supported and sound, and based on

relevant law(s).

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ATTACHMENT A

DEFAULT JUDGMENT PROCEDURE

1. Prepare an Order to Show Cause for default judgment and make the Order returnable before

Judge Román in Courtroom 218. Leave blank the date, time and location of the conference.

Judge Román will set the date and time when he signs the Order and will determine whether the

conference will be held in-person or telephonically.

2. Prepare the following supporting papers with the Order to Show Cause:

A. An attorney’s affidavit setting forth:

i. The basis for entering a default judgment, including a description of the method

and date of service of the summons and complaint;

ii. The procedural history beyond service of the summons and complaint, if any;

iii. Whether, if the default is applicable to fewer than all of the defendants, the Court

may appropriately order a default judgment on the issue of damages prior to

resolution of the entire action;

iv. The proposed damages and the basis for each element of damages, including

interest, attorney’s fees, and costs; and

v. Legal authority for why an inquest into damages would be unnecessary;

vi. Copies of the pleadings and proof of service.

B. A proposed default judgment.

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

D. If failure to answer is the basis for the default, the moving party must obtain a Certificate

of Default from the Clerk of Court stating that no answer has been filed. Please review

the Southern District of New York’s Electronic Case Filing Rules & Instructions, Section

16.1, on obtaining a Clerk’s Certificate of Default.1

0F

3. File the Order to Show Cause, the proposed default judgment order, and all other supporting

papers onto ECF in accordance with the Southern District of New York’s Electronic Case Filing

Rules & Instructions, Section 16.3.2

1F

4. After the Order to Show Cause, the proposed default judgment order, and supporting

documentation are filed on ECF, the Clerk of Court will review the filings. Please monitor the

docket in case any of the filings are not approved as to form, and make any revisions as indicated

by the Clerk of Court.

5. Once the filings are approved by the Clerk of Court as to their form, the Court will issue a

1 See ECF Rules 20221101 FINAL.pdf (uscourts.gov).

2 See id.

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scheduling order. Please follow any of the Court’s directions as indicated on the scheduling

order, including serving a copy of the scheduling order onto the opposing party and filings proof

of service.

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