Hon. Vincent L. Briccetti — Individual Rules of Practice

Revised June 24, 2026

INDIVIDUAL PRACTICES OF JUDGE VINCENT L. BRICCETTI

Chambers Courtroom

United States Courthouse Courtroom 620

300 Quarropas Street, Room 630 Yadira Fuschillo,

White Plains, NY 10601 Courtroom Deputy Clerk

(914) 390-4166 Yadira_Vargas@nysd.uscourts.gov

fax (914) 390-4170 (914) 390-4167

Unless otherwise ordered, matters before Judge Briccetti shall be conducted in

accordance with the following procedures:

1. Communications with Chambers

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

Court shall be by letter, which shall be filed electronically on ECF.

(See SDNY Electronic Case Filing Rules & Instructions, Section 13.1.)

i. Absent prior permission, letters—inclusive of attached exhibits—

may not exceed 5 pages in length.

ii. Letters between or among parties or their counsel or otherwise not

addressed to the Court may not be filed on ECF or sent to the

Court (except as exhibits to an otherwise properly filed document).

iii. In civil and miscellaneous cases, letters to be filed under seal or

containing sensitive or confidential information shall be filed in

accordance with Paragraph 3 below regarding Electronic Filing

Under Seal in Civil and Miscellaneous Cases. If a party wishes to

fax or email a document to the Court, it must obtain prior

permission to do so. The fax or email must indicate who in

Chambers provided such permission, and must be copied to all

counsel and unrepresented parties.

B. Letter-Motions. Letters requesting relief, such as, for example, requests

for adjournments, extensions of time, and conferences (including

pre-motion conferences with respect to discovery disputes and motions for

summary judgment), are considered letter-motions. A letter-motion must

be filed via ECF, and identified as a “LETTER-MOTION” using the ECF

Filing Event “MOTION,” in compliance with the Local Civil Rules and the

SDNY Electronic Case Filing Rules & Instructions, Section 13.1.

C. Other Letters Filed on ECF. Letters that are informational in nature,

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such as, for example, status reports regarding mediation or settlement,

and that do not request relief should be filed using the ECF Filing Event

LETTER listed under OTHER DOCUMENTS.

D. Courtesy Copies of Letters and Letter-Motions. Please do NOT

provide courtesy copies of letters and letter-motions filed on ECF.

E. Telephone Calls. Except as provided below, telephone calls to

Chambers are permitted only in situations requiring immediate attention.

In such situations, call Chambers at (914) 390-4166.

F. Docketing, Scheduling, and Calendar Matters. Please call Yadira

Fuschillo, Courtroom Deputy Clerk, at (914) 390-4167, during regular

business hours.

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

adjournments or extensions of time must be made in writing and filed

on ECF as letter-motions. (In civil and miscellaneous cases, if a request

contains sensitive or confidential information, it shall be filed on ECF in

accordance with Paragraph 3 below. In criminal cases, if a request

contains sensitive or confidential information, it may be submitted by email

to the Courtroom Deputy Clerk or by fax, hand, regular mail, or overnight

courier.) The letter-motion must state:

i. the original due date(s), the date(s) sought to be extended, and the

new date(s) the party now seeks through an adjournment or

extension;

ii. the number of previous requests for adjournments or extensions,

and the reason(s) therefor;

iii. whether these previous requests were granted or denied;

iv. the reason(s) for the instant request; and

v. whether the adversary consents, and, if not, the reasons given by

the adversary for refusing to consent.

If the requested adjournment or extension affects any other scheduled

dates, a proposed Revised Civil Case Discovery Plan and Scheduling

Order must be attached.

Absent extraordinary circumstances, requests for extensions will be

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denied if not made before the expiration of the original deadline. If the

request is for an adjournment of a court appearance, absent an

emergency, the request shall be made at least 2 business days prior to

the scheduled appearance.

Requests for extensions of deadlines regarding a matter that has been

referred to a Magistrate Judge shall be directed to that assigned

Magistrate Judge.

H. Non-Electronic Documents. Certain documents may not be

electronically filed. See SDNY Electronic Case Filing Rules & Instructions,

Sections 6.15, 6.16, and 18.

2. Pleadings and Motions

A. Courtesy Copies. One courtesy hard copy of all pleadings (complaint,

answer, reply) and motion papers (with the exception of letter-motions and

motions for admission pro hac vice), shall be submitted to Chambers as

soon as practicable after filing. Courtesy copies should be clearly marked

as such. If hand-delivered, courtesy copies should be delivered to the

Clerk’s office on the first floor of the Courthouse, not to Chambers.

i. Motions. All courtesy hard copies of papers submitted in

connection with motions must be bound in any manner that is

secure, does not obscure the text, and permits the document to lie

reasonably flat when open. Courtesy copies should either be

spiral-bound or be stapled using a single staple in the upper left-

hand corner of the document. Courtesy copies should NOT be

velobound. Also, rather than submitting large documents that do

not lie reasonably flat when open, parties should submit multiple

volumes.

B. Pre-Motion Conferences in Civil Cases.

i. Discovery motions. For discovery motions, follow Local Civil Rule

37.2, which requires the moving party to request an informal

conference with the Court before the filing of any such motion.

Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer”

rule, is required. The parties should be prepared to describe the

time, place, and duration of the meeting, and to identify the counsel

involved.

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ii. Summary Judgment motions. A pre-motion conference is required

before making a motion for summary judgment. To request a pre-

motion conference, the moving party shall file, on ECF, a letter-

motion for a conference, not to exceed 3 pages, setting forth the

basis for the anticipated motion. Unless otherwise ordered by the

Court, within 7 business days, the opposing party shall file a letter

response on ECF, also not to exceed 3 pages, setting forth its

position.

iii. Other substantive motions. A pre-motion conference is not

required for other substantive motions.

C. Memoranda of Law. The Court encourages and appreciates brevity.

Unless prior permission has been granted, memoranda of law shall

comply with the formatting and length requirements set forth in Local Civil

Rule 7.1(c). Memoranda of 3,500 words or more shall contain a table of

contents and a table of authorities. Unless prior permission has been

granted, sur-reply memoranda will not be accepted.

i. Motions for reconsideration shall comply with the formatting and

length requirements set forth in Local Civil Rule 6.3.

D. Special Rules for Motions to Dismiss.

i. Upon the filing of a motion to dismiss, the Court will ordinarily issue

an order requiring the non-moving party, within 10 days, to notify

the Court whether it intends to file an amended pleading, or will rely

on the pleading being attacked. If the non-moving party elects not

to file an amended pleading, the motion will proceed in the regular

course, and the Court is unlikely to grant the non-moving party a

further opportunity to amend to address the purported deficiencies

made apparent by the fully briefed arguments in the moving party’s

motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec.,

LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the

grounds on which denial of leave to amend has long been held

proper, such as undue delay, bad faith, dilatory motive, and

futility”).

ii. If the non-moving party amends its pleading, within 21 days of such

amendment, the moving party may file an answer, file a new motion

to dismiss, or notify the Court that it will rely on the initially-filed

motion to dismiss. If the moving party files a new motion to

dismiss, the Court will terminate the prior motion to dismiss as

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moot.

E. Special Rules for Summary Judgment Motions.

i. As required by Local Civil Rule 56.1(e), in any case where all

parties are represented by counsel, any party moving for summary

judgment must provide all other parties with an electronic copy, in a

standard word processing format, of the moving party’s Statement

of Material Facts. In any case where all parties are represented by

counsel, the counterstatement required by Local Civil Rule 56.1

must include each entry in the moving party’s statement and set out

the opposing party’s response directly beneath it.

ii. The moving party’s Statement of Material Facts pursuant to Local

Civil Rule 56.1 may not exceed 25 double-spaced pages without

prior permission of the Court.

iii. Each citation to evidence required by Local Civil Rule 56.1(d) must

identify, when applicable, specific portions of the record, including

page, line, and paragraph numbers.

iv. The parties’ memoranda of law shall include citations to the

underlying exhibits supporting their propositions.

v. With respect to any deposition transcript that is supplied, whether in

whole or in part, in connection with a summary judgment motion,

the index to the deposition should be included if it is available.

vi. Except in pro se cases, the parties should provide the Court with an

electronic, text-searchable courtesy copy of any hearing or

deposition transcript, or portion thereof, on which the parties rely, if

such a copy is available, unless doing so would be unduly

burdensome. Parties should provide these materials on a CD or

DVD (not on a memory stick and not by email).

vii. In pro se cases, counsel are reminded of their obligations set forth

in Local Civil Rule 56.2.

F. Special Rules for Motions to Withdraw as Attorney. In addition to the

requirements of Local Civil Rule 1.4, when a motion to withdraw as

attorney of record would, if granted, leave the party unrepresented,

counsel must indicate whether the party consents to the motion to

withdraw.

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G. Oral Argument on Motions. The Court does not ordinarily hear oral

argument on motions; however, the parties may request oral argument by

letter at the time their moving, opposing, or reply papers are filed. The

Court will determine whether oral argument will be heard and, if so, will

advise counsel of the date and time.

3. Electronic Filing Under Seal in Civil and Miscellaneous Cases

A. Sealing/Redactions Not Requiring Court Approval. Fed. R. Civ. P. 5.2

describes sensitive information that must be redacted from public court

filings without seeking prior permission from the Court. Such sensitive

information includes: Social Security numbers; names of minor children;

dates of birth; and financial account numbers.

B. Sealing/Redaction Requiring Court Approval. Motions or letter-

motions for approval of sealed or redacted filings, and the subject

documents, including the proposed sealed document(s), must be filed

electronically through the Court’s ECF system in conformity with the

Court’s standing order, 19-mc-00583, and SDNY Electronic Case Filing

Rules & Instructions, Section 6.

The motion must be filed in public view, must explain the reasons for

seeking to file that information under seal, and should not include

confidential information sought to be filed under seal. Supporting papers

must be separately filed electronically and may be filed under seal or

redacted only to the extent necessary to safeguard information sought to

be filed under seal.

The proposed sealed document must be contemporaneously filed, under

seal, in the ECF system, as electronically related to the motion. The

summary docket text, but not the sealed document, will be open to public

inspection and should not include confidential information sought to be

filed under seal.

When the motion seeks approval to redact information from a document

that is to be publicly filed, the filing party shall: (i) publicly file the

document with the proposed redactions; and (ii) electronically file, under

seal, a copy of the unredacted document with the proposed redactions

highlighted. Both documents must be electronically filed through the ECF

system and be related to the motion.

To be approved, any redaction or sealing of a court filing must be narrowly

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tailored to serve whatever purpose justifies the redaction or sealing and

must be otherwise consistent with the presumption in favor of public

access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga,

435 F.3d 110, 119–20 (2d Cir. 2006). In general, the parties’ consent or

the fact that information is subject to a confidentiality agreement between

litigants is not, by itself, a valid basis to overcome the presumption in favor

of public access to judicial documents. See In re Gen. Motors LLC

Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 4750774, at *4

(S.D.N.Y. Aug. 11, 2015).

The party seeking leave to file sealed or redacted materials should meet

and confer with any opposing parties (or third parties seeking confidential

treatment of the information, if any) in advance to narrow the scope of the

request.

Any party unable to comply with the requirement for electronic filing under

seal through the ECF system, or who has reason to believe that a

particular document should not be electronically filed, must move for leave

of the Court to file in the traditional manner, on paper.

4. Pretrial Procedures

A. Joint Pretrial Orders in Civil Cases. Unless otherwise ordered by the

Court, within 30 days after the deadline for completion of discovery in a

civil case, or, if a dispositive motion has been filed, within 30 days after a

decision on the motion, the parties shall submit to the Court for its

approval a Joint Pretrial Order, with one courtesy hard copy for Chambers.

The Joint Pretrial Order shall include the information required by Fed. R.

Civ. P. 26(a)(3) and the following:

i. The full caption of the action.

ii. The names, addresses (including firm names), email addresses,

and telephone and fax numbers 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 on and

relevant facts as to citizenship and jurisdictional amount.

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

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

evidentiary matter but including citations to all statutes relied on.

The parties shall also identify all claims and defenses previously

asserted that are not to be tried.

v. A statement by each party as to whether the case is to be tried with

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

vi. A statement as to whether all parties have consented to trial of the

case by a magistrate judge (without identifying which parties have

or have not so consented).

vii. Any stipulations or agreed statements of fact or law.

viii. A list of the witnesses each party expects to call on its case in chief,

including a very brief description of the witness’s role and/or the

subject matter of his or her anticipated testimony, and a statement

as to whether any other party objects to the witness.

ix. A designation by each party of deposition testimony to be offered in

its case in chief, with any cross-designations and objections by any

other party.

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

an asterisk indicating exhibits to which there is an objection. The

failure to include an asterisk may be deemed a waiver of any

objection.

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

itemizing each component or element of the damages sought with

respect to each claim, and including the manner and method used

to calculate the claimed damages.

xii. A statement as to whether the parties consent to a less than

unanimous verdict.

B. Filings Prior to Trial in Civil Cases. Unless otherwise ordered by the

Court, each party shall file the following documents (and submit one

courtesy hard copy to Chambers) 21 days before the date of

commencement of trial if such a date has been fixed, or 30 days after the

filing of the Joint Pretrial Order if no date has been fixed:

i. In jury cases, proposed voir dire questions, joint requests to charge,

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and a joint verdict form. The parties’ proposed jury instructions

shall consist of a single document, noting any areas of

disagreement between the parties. The proposed instructions shall

include both the text of any requested instruction as well as a

citation to the authority from which it derives. Each proposed jury

instruction must contain a citation to the source/authority for the

proposed instruction, or the request will be disregarded. In addition

to being filed in the normal manner, voir dire questions, joint

requests to charge, and a joint verdict form should be emailed to

Judge Briccetti’s law clerk. Counsel should call Chambers at (914)

390-4166 to make arrangements for same.

ii. In non-jury cases, proposed findings of fact and conclusions of law.

Proposed findings of fact should be detailed and cite whenever

possible to evidence expected to be presented at trial. Proposed

conclusions of law should include a statement of the elements of

each claim or defense.

iii. In all cases, motions addressing any evidentiary or other issues

that should be resolved in limine.

iv. In any case in which any party believes it would be useful, a pretrial

memorandum.

C. Filings in Opposition. Unless otherwise ordered by the Court, any party

may file (and submit one courtesy hard copy to Chambers) the following

documents within one week of the filing of any document described in

section 3.B above:

i. Objections to the other party’s proposed voir dire questions or

requests to charge.

ii. Opposition to any motion in limine.

iii. Opposition to any legal argument made in a pretrial memorandum.

D. Additional Submissions in Non-Jury Cases. Unless otherwise ordered

by the Court, each party shall submit to the Court (including two courtesy

copies to Chambers) and serve, but not file, the following materials 21

days before the date of commencement of trial if such a date has been

fixed, or 30 days after the filing of the Joint Pretrial Order if no date has

been fixed:

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

witness, except for the testimony of an adverse party, a person

whose attendance is compelled by subpoena, or a person for whom

the Court has agreed to hear direct testimony during the trial.

Three business days after submission of such affidavits, counsel for

each party shall submit a list of all affiants whom he or she intends

to cross-examine at trial. Only those witnesses who will be cross-

examined need to appear at trial. The original signed affidavits

shall be marked as exhibits at trial. NOTE: Notwithstanding the

foregoing, the Court prefers live direct testimony in non-jury cases.

ii. All deposition excerpts which will be offered as substantive

evidence, as well as a 1-page synopsis (with page references) of

those excerpts for each deposition.

iii. All documentary exhibits.

5. Post-Trial Procedures

Counsel are responsible for raising promptly 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.

6. Default Judgments

A party that wishes to obtain a default judgment must proceed by way of order to

show cause. Follow the Default Judgment Procedure, attached hereto as

Attachment A.

7. Bankruptcy Appeals

Briefs must be submitted in accordance with Federal Rules of Bankruptcy

Procedure 8014 to 8018. Counsel may extend these dates by stipulation

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

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

8. Criminal Cases

A. Initial Matters. Upon assignment of a criminal case to Judge Briccetti,

the parties shall immediately arrange with the Courtroom Deputy for a

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prompt initial conference, at which the defendant will be present. The

Assistant United States Attorney (“AUSA”) shall provide to Chambers, as

soon as practicable, a courtesy copy of the Indictment or Information, and

a courtesy copy of the complaint, if one exists.

B. Guilty Pleas. Guilty pleas will ordinarily be taken by Judge Briccetti and

will not be assigned to Magistrate Judges by standing order. Permission

for a guilty plea to be taken before a Magistrate Judge may be given under

special circumstances. The AUSA shall provide a courtesy copy of any

plea agreement or related documents to Chambers as soon as

practicable.

C. Sentencing. Follow the Sentencing Procedures attached hereto as

Attachment B.

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ATTACHMENT A

DEFAULT JUDGMENT PROCEDURE

1. After obtaining a Clerk’s Certificate of Default (see Local Civil Rule 55.1; SDNY

Electronic Case Filing Rules & Instructions, Section 16.1), prepare a proposed

Order to Show Cause Without Emergency Relief and make the Order returnable

before Judge Briccetti in Courtroom 620 of the United States Courthouse, 300

Quarropas Street, White Plains, NY. Leave blanks for the Court to fill in (i) the

date and time of the hearing, (ii) the date by which opposing papers must be

served and filed, and (iii) the date by which the moving party must serve the

Order and supporting documents on the non-moving party.

2. Electronically file the proposed Order to Show Cause Without Emergency Relief

using the ECF Filing Event found under PROPOSED ORDERS.

3. Electronically file the following documents as separate ECF Filing Events:

a. an affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1);

b. an attorney’s affidavit setting forth:

i. why a default judgment is appropriate, including a description of the

method and date of service of the original summons and complaint;

ii. 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 liability and/or damages prior to the resolution of the

entire action (see Fed. R. Civ. P. Rule 54(b)); and

iii. when applicable, legal authority for why an inquest is unnecessary.

c. a proposed Statement of Damages and the basis for each element of

damages, including interest, attorney’s fees, and costs (unless requesting

an inquest); and

d. a proposed default judgment, using the ECF Filing Event found under

PROPOSED ORDERS.

4. As attachments to the attorney’s affidavit, include copies of all pleadings and a

copy of the affidavit of service of the original summons and complaint.

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5. After Judge Briccetti signs and dockets the Order to Show Cause, serve a copy

of the Order and attachments on defendant(s) as directed. At least three

business days before the return date, electronically file a certificate of service of

the signed Order to Show Cause that complies with Local Civil Rule 55.2(a)(3).

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ATTACHMENT B

SENTENCING PROCEDURES

ECF Filing. Except for submissions to be filed under seal or in redacted form,

every document in a sentencing submission, including letters, must be filed on

ECF.

Unless otherwise ordered by the Court, a defendant’s sentencing submission

shall be filed at least 14 days in advance of the date set for sentence. The

government’s sentencing submission shall be filed at least 7 days in advance of the

date set for sentence. The parties should provide the Court with a courtesy copy of

each submission when it is filed.

Letters should be grouped and filed together as attachments to a single

document marked SENTENCING MEMORANDUM 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 E-Government Act of 2002 and the

SDNY Electronic Case Filing Rules & Instructions, Section 21, Privacy and Public

Access to ECF cases, (“Privacy Policy”) and reminded not, unless necessary, to include

the 5 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]).

Parties may redact the 5 categories of “sensitive information” and the 6

categories of information requiring caution (i.e., personal identifying numbers; medical

records, treatment and diagnosis; employment history; individual financial information;

proprietary or trade secret information; and information regarding an individual’s

cooperation with the government) as described in the 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. Bring a copy of those

pages to the sentencing proceeding, marked to indicate what information has been

redacted from the publicly filed materials, to give to the Court for filing under seal.

If a party redacts information beyond the 11 categories of information identified in

the Privacy Policy, an application to do so must be served and filed at the time the

sentencing submission is served. The application should clearly identify the redaction

and explain the reasons for the redaction. The application will be addressed at the

sentencing proceeding.

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