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Local Rules of the United States District Courts for the ...

Local Rules of the United States District Courts for the Southern and Eastern Districts of New York Effective October 29, 2018 with amendments to Rule for Division of Business 19 Adopted by the Board of Judges of the Eastern District of New York and the Southern District of New York Approved by the Judicial Council of the Second Circuit Page - 2 - Local Rules of the United States District Courts for the Southern and Eastern Districts of New York Table of Contents Page Local CIVIL Rules Application of Rules .. 6 Night Depository .. 6 Admission to the Bar .. 6 Withdrawal or Displacement of Attorney of Record .. 11 Discipline of Attorneys.

Oct 29, 2018 · Local Rules of the . United States District Courts for the . Southern and Eastern Districts of New York. Effective October 29, 2018 . ... Removed Actions and Bankruptcy Matters ... may be admitted to practice in this Court .

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1 Local Rules of the United States District Courts for the Southern and Eastern Districts of New York Effective October 29, 2018 with amendments to Rule for Division of Business 19 Adopted by the Board of Judges of the Eastern District of New York and the Southern District of New York Approved by the Judicial Council of the Second Circuit Page - 2 - Local Rules of the United States District Courts for the Southern and Eastern Districts of New York Table of Contents Page Local CIVIL Rules Application of Rules .. 6 Night Depository .. 6 Admission to the Bar .. 6 Withdrawal or Displacement of Attorney of Record .. 11 Discipline of Attorneys.

2 12 Duty of Attorneys in Related Cases .. 18 Fees of court Clerks and Reporters .. 18 Photographs, Radio, Recordings, Television .. 19 Acceptable Substitutes for Affidavits [formerly Local Civil Rule ].. 20 Filing of Discovery Materials .. 20 Electronic Service and Filing of Service by Overnight Delivery ..21 Service and Filing of Motion Papers .. 22 Orders on Motions .. 23 Motions for Reconsideration or Reargument .. 24 Computation of Time .. 24 Motion Papers..25 Disclosure Statement .. 26 Authorities to be Provided to Pro Se Litigants .. 26 Form of Pleadings, Motions, and Other Papers .. 27 Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the 2 8 Exemptions from Mandatory Scheduling Order.

3 29 Entry and Modification of Mandatory Scheduling Orders by Magistrate Judges .. 29 Fees in Class Action and Shareholder Derivative Actions .. 30 Address of Party and Original Owner of Claim to Be Furnished .. 30 Assertion of Claim of Privilege .. 31 Uniform Definitions in Discovery Requests .. 33 Cooperation Among Counsel in Discovery [formerly Local Civil Rules and ] .. 35 Form Discovery Requests [formerly Local Civil Rule ] .. 35 Counsel Fees on Taking Depositions More Than 100 Miles From Courthouse .. 36 Telephonic and Other Remote Depositions [formerly Local Civil Rule ] .. 36 Persons Attending Depositions [formerly Local Civil Rule 3 ].

4 36 Conferences Between Deponent and Defending Attorney [formerly Local Civil Rule ] . 37 [ Local Civil Rule Intentionally Omitted] .. 37 Page - 3 - Standard Discovery in Prisoner Pro Se Actions .. 37 Interrogatories (Southern District Only) .. 39 Verbatim Quotation of Discovery Materials .. 40 Mode of Raising Discovery Disputes With the court (Southern District Only) .. 40 Mode of Raising Discovery and Other Non-Dispositive Pretrial Disputes With the court (Eastern District Only) .. 41 Custody of Trial and Hearing Exhibits .. 43 Order of Summation .. 43 Assessment of Jury Costs .. 43 Masters .. 44 Taxable Costs .. 45 Security for Costs.

5 49 Entering Satisfaction of Money Judgment .. 49 Certificate of Default .. 50 Default Judgment .. 51 Statements of Material Facts on Motion for Summary Judgment .. 52 Notice to Pro Se Litigant Who Opposes a Summary Judgment .. 52 Remand by an Appellate court .. 54 Sureties .. 54 Order for Deposit in Interest-Bearing Account .. 56 Powers of Magistrate Judges .. 57 Reference to Magistrate Judge (Eastern District Only) .. 58 Consent Jurisdiction Procedure .. 58 Submission of Orders, Judgments and Decrees .. 59 Removal of Cases from State Courts .. 59 Transfer of Cases to Another District .. 60 Settlement of Actions by or on Behalf of Infants or Incompetents, Wrongful Death Actions, and Actions for Conscious Pain and Suffering of the Habeas Corpus.

6 61 Publication of Advertisements [formerly Local Civil Rule ] .. 62 Notice of Sale [formerly Local Civil Rule ] .. 62 Contempt Proceedings in Civil Cases [formerly Local Civil Rule ] .. 64 court -Annexed Arbitration (Eastern District Only) [formerly Local Civil Rule ].. 65 court -Annexed Mediation (Eastern District Only) [formerly Local Civil Rule ] .. 72 Alternative Dispute Resolution (Southern District Only) [formerly Local Civil Rule ].. 79 Plan for Certain 1983 Cases Against the City of New York (Southern District Only) ..81 Local ADMIRALTY AND MARITIME Rules Application of Rules .. 87 Affidavit That Defendant Is Not Found Within the District .

7 87 Page - 4 - Notice of Attachment .. 87 Intangible Property .. 87 Publication of Notice of Action and Arrest; Sale .. 88 Notice Required for Default Judgment in Action In Rem .. 89 Return Date in Possessory, Petitory, and Partition Actions .. 89 Adversary Hearing Following Arrest, Attachment or Garnishment .. 90 Intervenors' Claims .. 90 Claims by Suppliers for Payment of Charges .. 91 Preservation of Property .. 91 Local CRIMINAL Rules Application of Rules .. 92 Notice of Appearance .. 93 Disclosure Statement .. 93 Conference of Counsel .. 93 Free Press-Fair Trial Directives .. 94 Post-Trial Motions .. 97 Computation of Time.

8 98 Applications for Ex Parte Orders .. 98 Service and Filing of Motion Papers .. 99 Petty Offenses-- Collateral and Appearance .. 99 Powers of Magistrate Judges .. 100 Local PATENT Rules 1. Application of Rules .. 98 2. Initial Scheduling Conference .. 98 3. Certification of Disclosures .. 98 4. Admissibility of Disclosures .. 99 5. Discovery Objections Based on Local Patent Rules .. 99 6. Disclosure of Asserted Claims and Infringement Contentions .. 99 7. Invalidity Contentions .. 99 8. Disclosure Requirements in Patent Cases Initiated by Declaratory Judgment .. 100 9. Duty to Supplement Contentions .. 100 10. Opinion of Counsel .. 100 11. Joint Claim Terms Chart.

9 101 12. Claim Constructions Briefing .. 101 Page - 5 - Rules FOR THE DIVISION OF BUSINESS AMONG District JUDGES SOUTHERN District .. 105 1. Individual Assignment System .. 105 2. Assignment Committee .. 105 3. Part I .. 106 4. Civil Actions or Proceedings (Filing and Assignment)..107 5. Criminal Actions or Proceeding (Filing and Assignment) .. 108 6. Criminal Proceedings (Filing and Assignment) .. 109 7. Cases Certified for Prompt Trial or Disposition .. 110 8. Criminal Motions .. 111 9. Petitions for Collateral Relief from Convictions .. 111 10. Assignments to New Judges .. 112 11. Assignments to Senior Judges .. 112 12. Assignments to Visiting Judges.

10 113 13. Related Cases .. 113 14. Transfer of Cases by Consent .. 116 15. Transfers from Senior Judges.. 116 16. Transfer Because of Disqualification, etc.. 116 17. Transfer of Cases Because of a Judges s Death, Resignation, Prolonged Illness, Disability, Unavoidable Absence, or Excessive Backlog .. 116 18. Designation of White Plains Cases .. 117 19. Reassignment of Cases to/from White Plains .. 118 20. Removed Actions and bankruptcy Matters .. 118 21. Social Security Actions and Habeas Corpus Petitions .. 118 22. Filing at Either Courthouse .. 119 EASTERN District .. 120 Categories and Classification of Cases; Information on Cases and Parties.


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