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Effective January 1, 2019 UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT of NEW YORK Forward

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Effective January 1, 2019 UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT of NEW YORK Forward L O C A L R U L E S O F P R A C T I C E UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK Effective January 1, 2019 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK Forward The Board of Judges for the Northern District of New York has adopted the following time schedule for the approval and amendment of the Local Rules of Practice. The Court will solicit comment on new and amended local rules from the bar and public during the months of May, June and July. Comments should be addressed to John M. Domurad Clerk of Court James T. Foley U.S. Courthouse 445 Broadway Room 509 Albany, New York 12207-2936 New and amended rules of practice will be forwarded to the Circuit Council of the Second Circuit for review and approval during the month of October. All new and amended local rules will become effective on January 1st each year. The Clerk of the Court will then make available to the bar and public the amended local rules. Please note that the public can obtain a copy of the Court’s Local Rules and General Orders from the Court’s webpage at www.nynd.uscourts.gov. Amendments to the NDNY Local Rules Effective January 1, 2019 The proposed amendments detailed below were submitted or derived from comments received from the public, practitioners, judges and court staff during the May–July 2018 suggestion period. By email vote, the Board of Judges adopted these proposed changes subject to the review and approval of the Second Circuit Council. On December 17, 2018 the Second Circuit Judicial Council approved these changes. Summary Table of Proposed Changes to the NDNY Local Rules Rule Number Topic Description of Change Rule 5.8 Recording of Prohibits the recording of a court Proceedings proceeding without notification and approval of the presiding judicial officer. Rule 7.1(a)(3) Statement of Clarifies statement of material facts Material Facts shall be contained in short and concise statements. Rule 10.1C(2) Zip Codes Requires parties include their zip codes as part of their address. Rule 76.2 Length of Proposed rule limits memorandum of Memorandum in law in Bankruptcy appeals to 25 pages. Bankruptcy Appeals Rule 77.7 Official Station of the Modified to include Albany or Syracuse. Clerk Rule 83.1 Admission to the Bar Modifies procedures in accordance with CM/ECF NextGen protocols. In addition, several of the Rules will be modified to reflect citation, grammatical and/or administrative changes which do not materially alter the current Rule. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK OFFICERS ACTIVE JUDGES: Hon. Glenn T. Suddaby, Chief Judge Hon. Brenda K. Sannes Federal Building and U.S. Courthouse Federal Building and U.S. Courthouse P.O. Box 7336 P.O. Box 7336 Syracuse, NY 13261-7336 Syracuse, NY 13261-7336 Hon. David N. Hurd Hon. Mae A. D’Agostino Alexander Pirnie Federal Building James T. Foley U.S. Courthouse 10 Broad Street 445 Broadway, First Floor South Utica, NY 13501 Albany, NY 12207 SENIOR JUDGES: Hon. Thomas J. McAvoy Hon. Frederick J. Scullin, Jr. U.S. Courthouse Federal Building and U.S. Courthouse 15 Henry Street P.O. Box 7255 Binghamton, NY 13901 Syracuse, NY 13261-7255 Hon. Lawrence E. Kahn Hon. Norman A. Mordue James T. Foley U.S. Courthouse Federal Building and U.S. Courthouse 445 Broadway, Room 424 P.O. Box 7336 Albany, NY 12207-2926 Syracuse, NY 13261-7336 Hon. Gary L. Sharpe James T. Foley U.S. Courthouse 445 Broadway, First Floor South Albany, NY 12207 MAGISTRATE JUDGES: Hon. David E. Peebles Hon. Andrew T. Baxter Federal Building & U.S. Courthouse Federal Building & U.S. Courthouse Syracuse, NY 13261-7346 Syracuse, NY 13261-7346 Hon. Thérèse W. Dancks Hon. Christian F. Hummel Federal Building & U.S. Courthouse James T. Foley U.S. Courthouse Syracuse, NY 13261-7346 Albany, NY 12207 Hon. Daniel J. Stewart Hon. Gary L. Favro James T. Foley U.S. Courthouse 14 Durkee Street- Suite 360 Albany, NY 12207 Plattsburgh, NY 12901-2834 BANKRUPTCY JUDGES: Hon. Margaret Cangilos-Ruiz , Chief Judge Hon. Robert E. Littlefield, Jr. Federal Building & U.S. Courthouse James T. Foley U.S. Courthouse P.O. Box 7346 445 Broadway, Room 306 Syracuse, NY 13261-7346 Albany, NY 12207 Hon. Diane Davis Alexander Pirnie Federal Building 10 Broad Street, Room 230 Utica, NY 13501 UNITED STATES UNITED STATES ATTORNEY: COURT REPORTERS: Federal Building and U.S. Courthouse Federal Building and U.S. Courthouse Room 900 15 Henry Street 100 South Clinton Street Binghamton, NY 13901 Syracuse, NY 13261 315-448-0672 Federal Building and U.S. Courthouse Federal Building and U.S. Courthouse 15 Henry Street 100 South Clinton Street Binghamton, NY 13901 Syracuse, NY 13260 607-773-2887 James T. Foley U.S. Courthouse James T. Foley U.S. Courthouse 445 Broadway, Room 231 445 Broadway Albany, NY 12207 Albany, NY 12207 518-431-0247 UNITED STATES PROBATION OFFICE Bruce D. VanTassel, Chief Probation Officer James T. Foley U.S. Courthouse Federal Building and U.S. Courthouse 445 Broadway P.O. Box 7035 P.O. Box 433 Syracuse, NY 13261-7035 Albany, NY 12201 315-234-8700 518-257-1700 14 Durkee Street - Suite 360 U.S. Courthouse Plattsburgh, NY 12901 15 Henry Street 518-247-4510 Binghamton, NY 13901 607-773-3202 DISTRICT COURT CLERK John M. Domurad, Clerk Federal Building and U.S. Courthouse U.S. Courthouse P.O. Box 7367 15 Henry Street 100 South Clinton Street Binghamton, NY 13901 Syracuse, NY 13261-7367 607-773-2893 315-234-8500 James T. Foley U.S. Courthouse Alexander Pirnie Federal Building 445 Broadway 10 Broad Street Albany, NY 12207 Utica, NY 13501 518-257-1800 315-793-8151 14 Durkee Street - Suite 360 Plattsburgh, NY 12901 518-247-4501 BANKRUPTCY CLERK Cynthia Platt, Clerk James T. Foley U.S. Courthouse Alexander Pirnie Federal Building Albany, NY 12207 Utica, NY 13501 518-257-1661 315-793-8101 James M. Hanley Federal Building Syracuse, NY 13261 315-295-1600 UNITED STATES MARSHAL Alexander Pirnie Federal Building James T. Foley U.S. Courthouse 10 Broad Street P.O. Box 1128 Utica, NY 13501 Albany, NY 12201 315-793-8109 518-472-5401 Federal Building and U.S. Courthouse Federal Building and U.S. Courthouse 15 Henry Street 100 South Clinton Street Binghamton, NY 13901 Syracuse, NY 13261 607-773-2723 315-473-7601 FEDERAL PUBLIC DEFENDER Lisa Peebles, Federal Public Defender Syracuse Office Albany Office 4 Clinton Exchange Building 39 North Pearl Street Syracuse, NY 13202 Albany, NY 12207 315-701-0080 518-436-1850 TABLE OF CONTENTS Rule No. Page No. I. SCOPE OF THE RULES 1.1 Scope of the Rules...........................................................1 1.2 Availability of the Local Rules .................................................2 1.3 Local Patent Rules...........................................................2 2.1 One Form of Action .........................................................2 II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS 3.1 Civil Cover Sheet ...........................................................3 3.2 Venue.....................................................................3 3.3 Complex and Multi-district Litigation ...........................................3 4.1 Service of Process...........................................................3 5.1 Service and Filing of Papers...................................................4 5.1.1 Electronic Case Filing ........................................................5 5.2 Prepayment of Fees..........................................................5 5.3 Schedule of Fees............................................................5 5.4 Civil Actions Filed In Forma Pauperis; Applications for Leave to Proceed In Forma Pauperis ....................................................5 5.5 Filing by Facsimile ..........................................................6 5.6 Service of the Writ in Exclusion and Deportation Cases .............................6 5.7 Documents to be provided to the Clerk...........................................7 5.8 Recording of Proceedings. 7 6.1 Calculation of Time Periods ...................................................7 III. PLEADINGS AND MOTIONS 7.1 Motion Practice.............................................................8 8.1 Personal Privacy Protection ..................................................14 9.1 Request for Three-Judge Court ................................................15 9.2 Requirement to File a Civil RICO Statement.....................................15 10.1 Form of Papers ............................................................16 11.1 Signing of Pleadings, Motions, and Other Papers; Sanctions.........................17 12.1 Defenses and Objections – How Presented.......................................17 13.1 Counterclaims and Cross-Claims ..............................................17 14.1 Impleader.................................................................17 15.1 Form of a Motion to Amend and Its Supporting Documentation ......................18 16.1 Civil Case Management .....................................................18 16.2 Discovery Cut-Off..........................................................19 IV. PARTIES TOC-1 17.1 Actions by or on Behalf of Infants and/or Incompetents ............................20 18.1 Joinder of Claims and Remedies...............................................20 19.1 Joinder of Persons Necessary for Just Adjudication................................20 20.1 Permissive Joinder of Parties .................................................20 21.1 Misjoinder and Nonjoinder of Parties...........................................20
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