INDIVIDUAL MOTION PRACTICES AND RULES
OF JUDGE CAROL BAGLEY AMON
United States District Court
Eastern District Of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Telephone: (718) 613-2410
Fax: (718) 613-2416
Contact for Criminal Cases:
Tiffany Campbell
(718) 613-2415
Unless otherwise ordered by the judge in a specific case, matters before the judge shall be conducted
in accordance with the following practices:
1. ELECTRONIC CASE FILING (ECF)
A. Counsel must file all documents electronically. Orders will be posted electronically;
parties not registered on ECF (with the exception of pro se parties) will not receive them.
B. Written requests by attorneys for an exemption from electronic filing will be
considered for good cause by the assigned Magistrate Judge.
C. Pro se parties are automatically exempt from mandatory electronic filing. However,
parties represented by counsel in cases involving a pro se litigant must still use electronic filing, and
they must mail a hard copy of all documents to the pro se litigant.
D. Hard copies of all papers filed electronically and exceeding five pages in length,
including motions, letters, and stipulations, must be provided to Chambers. All such papers must
be clearly marked “COURTESY COPY - ORIGINAL FILED BY ECF.”
E. Parties filing voluminous or non-text exhibits may choose to file only hard copies of
those exhibits when filing them electronically is impractical. If exhibits are not electronically filed,
one copy of each exhibit must be clearly marked “ORIGINAL” and another “COURTESY COPY.”
Related papers that are electronically filed must clearly indicate that exhibits have been filed by hard
copy.
F. Parties filing sealed documents must comply with the requirements of the Eastern
District of New York, available
at: https://www.nyed.uscourts.gov/sites/default/files/uploads/efilingsealedcv.pdf, including filing
a motion for leave to file document(s) under seal and attaching those document(s) as sealed exhibits
on the ECF docket.
G. Sealed documents or documents containing sensitive information must be labeled
“SEALED” or “SENSITIVE” and submitted in hard copy to Chambers and electronically to
[email protected] for civil cases and
[email protected]
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for criminal cases.
H. Questions regarding the technical aspects of electronic filing, including questions
about training, should be directed to Ms. Evelyn Levine at (718) 613-2312.
2. COMMUNICATIONS WITH CHAMBERS
A. Letters. Except as provided below, communications with chambers shall be by letter,
with copies simultaneously delivered to all counsel. Copies of correspondence between counsel
shall not be sent to the Court.
B. Telephone Calls. Telephone calls to chambers are permitted only in emergency
situations requiring immediate attention. In such situations only, call chambers at the number listed
above. If possible, opposing counsel should be on the line.
C. Faxes. Faxes to chambers are permitted only if copies are simultaneously faxed or
delivered to all counsel. No document longer than ten pages may be faxed without prior
authorization. All faxes should be followed with a hard copy to be electronically filed.
D. Requests for Adjournments or Extensions of Time. All requests for adjournments or
extensions of time must state (1) the original date, (2) the number of previous requests for
adjournment or extension, (3) whether these previous requests were granted or denied, and (4) the
adversary’s position (consents or opposes), and, if opposed, the reasons given by the adversary for
refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a
proposed Revised Scheduling Order must be attached.
If the request is for an adjournment of a court appearance, it shall be made at least 48 hours
prior to the scheduled appearance, absent an emergency.
3. MOTIONS
A. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil
Rules 37.3 and 6.4. A pre-motion conference with the Court is required before making any motions,
except: when one or more of the parties is pro se; when the case is a habeas corpus petition, a prisoner
petition, a social security appeal, or bankruptcy appeal; when it is a motion for a temporary
restraining order or preliminary injunction; or, upon notice to the Court, when waiting to file a
motion could result in the loss of a right.
To arrange a pre-motion conference, the moving party shall submit a letter not to exceed
three (3) pages in length setting forth the basis for the anticipated motion. All parties so served must
serve and file a letter response, not to exceed three (3) pages, within seven days from service of the
notification letter. Service of the letter by the moving party within the time requirements of Rule 12
of the Fed. R. Civ. P. shall constitute timely service of a motion made pursuant to Fed. R. Civ. P.
12(b).
B. Briefing Schedule. The parties are to set up their own briefing schedule and submit
it to the Court for approval. No changes to the schedule may be made without Court approval.
Approval may be given at the pre-motion conference or by subsequent letter.
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C. Memoranda of Law. Memoranda of law should be in compliance with Local Rule
7.1. Parties wishing to file longer briefs may file a joint submission to do so in connection with a
pre-motion conference, if any.
D. Filing of Motion. NO MOTION PAPERS SHALL BE FILED UNTIL THE
MOTION IS FULLY BRIEFED, provided, however, that, upon notice to the Court, a party may
file a motion before briefing is completed if waiting to file until the motion is fully briefed could
result in the loss of a right—such as by making it impossible to file a timely appeal. This provision
shall not apply to papers filed in connection with a request for a temporary restraining order or
preliminary injunction.
i. The notice of motion and all supporting papers are to be served on the other
parties along with a cover letter setting forth whom the movant represents and the papers
being served. A copy of the cover letter only shall be filed electronically, as a letter, NOT as
a motion.
ii. On the day the motion is fully briefed, each party shall electronically file its
motion papers. In addition, the moving party (unless pro se) shall furnish chambers with a
full set of courtesy copies of the motion papers, described further below, together with a letter
specifying each document in the package. A copy of the cover letter shall be sent to the
assigned magistrate judge and to opposing counsel and shall also be electronically filed.
Where the moving party is pro se, the non-moving party shall furnish chambers with a full
set of courtesy copies.
iii. Format of courtesy copies. Courtesy copies should be submitted in a single
binder containing the following documents in the following order separated in individual
numbered tabs:
1. Opening Brief
2. Response Brief
3. Reply Brief (if any)
4. For motions to dismiss: Complaint
5. For motions for summary judgment: all Local Rule 56.1 statements and
counterstatements in individual tabs.
Any exhibits filed with motions should be provided in a separate binder from the above, with
exhibits separately tabbed. All documents should be printed double-sided.
E. Oral Argument on Motions. Where the parties are represented by counsel, oral
argument will be held on all motions. The notice of motion shall state that oral argument will be
held “on a date and time to be designated by the court.” The Court will notify the parties to set the
specific date and time for oral argument.
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F. Summary Judgment Motions Against Pro Se Litigants. In any case where a summary
judgment motion is filed against a pro se litigant, the moving party is directed to comply with the
notice required by Local Civil Rule 56.2, entitled Notice to Pro Se Litigants Opposing Summary
Judgment.
4. JOINT PRETRIAL ORDERS
The Pretrial Order to be submitted shall include the below listed items and be governed by
the directions and principles stated herein. The Pretrial Order controls the subsequent course of the
action unless the order is modified by consent of the parties and the Court, or by order of the Court
to prevent manifest injustice. The Pretrial Order shall be submitted on a date set by the United States
Magistrate Judge to whom the case has been referred, but in no event will that date be later than 60
days from the date set for the completion of discovery in a civil case.
A. Contents of Pretrial Order. The Pretrial Order shall be submitted with a full,
unabbreviated caption. Each of the following topics shall be addressed in a separately labeled
schedule. Counsel should work together to prepare any schedules, e.g., stipulations or consent to
trial before the magistrate judge, which require agreement of the parties. Where applicable, e.g.,
exhibits or witnesses, each party will submit an individual schedule labeled as such.
i. Parties and Counsel. The names, firm names, addresses, and telephone
numbers of trial counsel.
ii. Jurisdiction. 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 of subject matter
jurisdiction. Such statements shall set forth applicable statutes and legal doctrines as well as
relevant facts such as citizenship and jurisdictional amount.
iii. Claims and Defenses. A statement by each party of each of the elements of
the claims and defenses that party has asserted which remain to be tried, including citations
to all statutes relied on. The parties waive all claims and defenses not set forth in the Pretrial
Order.
iv. Damages. A brief statement of the categories and amounts of damages
claimed or other relief sought.
v. Jury or Bench Trial. A statement as to whether the case is to be tried with or
without a jury and the number of trial days needed.
vi. Consent to Trial by a Magistrate Judge. A statement as to whether or not all
parties have consented to trial of the case by a magistrate judge. The statement shall not
identify which parties have or have not consented.
vii. Stipulations. Any stipulations or statements of fact or law which have been
agreed to by all parties.
viii. Witnesses. A list of names and addresses of all witnesses, including possible
witnesses who will be called only for impeachment or rebuttal purposes and so designated,
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together with a brief narrative statement of the expected testimony of each witness. Only
listed witnesses will be permitted to testify except when prompt notice has been given and
good cause shown. For expert witnesses list, in addition, the area of expertise.
ix. Exhibits. A schedule listing exhibits to be offered in evidence and, if not
admitted by stipulation, the party or parties that will be offering them. Plaintiff’s exhibits
shall be identified by numbers, defendant’s exhibits shall be identified by letters. Each exhibit
shall be identified and described. The schedule will also include possible impeachment
documents and/or exhibits, as well as exhibits that will be offered only on rebuttal. Copies
of statements proposed to be read to the jury as “learned treatises” under FRE 803(18) shall
be listed as exhibits. Copies of those portions of depositions intended to be offered into
evidence shall also be listed as exhibits.
The parties will list and briefly describe the basis for any objections that they have to
the admissibility of any exhibits to be offered by any other party. Parties are expected to
resolve before trial all issues of authenticity, chain of custody, and related grounds. Except
for good cause shown, only listed exhibits will be received in evidence.
B. Directions for Filing a Pretrial Order
i. Plaintiff’s counsel shall, three weeks prior to the date fixed for filing the
Pretrial Order, prepare and serve on all opposing counsel a Proposed Pretrial Order with
attached schedules.
ii. All opposing counsel shall, within one week of receipt of plaintiff’s proposed
order, prepare any additional schedules and deliver them in final form to plaintiff’s counsel
for inclusion in the final Pretrial Order. Opposing counsel’s failure timely to provide plaintiff
with schedules may be deemed a waiver of the right to do so.
iii. Plaintiff’s counsel, on the date fixed, will file with this Court two copies of
the final proposed Pretrial Order. A copy of this final order will also be served on opposing
counsel on the same date.
iv. When separate schedules are submitted on any given topic, they shall be
clearly labeled as such.
v. The timing of the exchanges noted above may be altered by the United States
Magistrate Judge to whom the case has been referred, as long as the dates given permit the
exchange of information prior to the filing date for the Pretrial Order. Under no
circumstances should the parties file separate Pretrial Orders. The parties are directed to
cooperate with each other in the preparation of a joint Pretrial Order.
5. FINAL PRETRIAL CONFERENCE
A. Document Exchange. Prior to attending the pretrial conference on a date to be
scheduled by this Court, counsel shall exchange copies of all documents proposed to be used in
evidence, and shall be prepared to discuss and have the Court rule on objections to exhibits.
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B. Pretrial Conference. Counsel shall attend the pretrial conference and be prepared
and authorized to stipulate for purposes of narrowing the issues and proof and to discuss and
conclude settlement.
C. Premark Exhibits. Immediately following the pretrial conference, on the same day,
counsel shall meet with the courtroom deputy to premark their exhibits, using the numbering
assigned to them in the exhibit schedules of the Pretrial Order.
6. ONE WEEK PRIOR TO TRIAL
A. Jury Trials
i. Legal Memoranda. Counsel for each party shall provide the Court with legal
memoranda addressing all contested legal issues and anticipated evidentiary problems.
ii. Voir Dire Requests. Counsel for each party shall provide the Court with any
voir dire requests which pertain specifically to the case at issue. Routine voir dire requests
are not required.
iii. Request to Charge. Each party shall submit written requests to charge the
jury.
B. Non-Jury Trials
Each party shall file with the Court:
i. Copies of the proposed exhibits in a suitable binder and in electronic format.
ii. Proposed findings of fact and conclusions of law, not to exceed fifteen pages
without the express approval of the Court.
iii. A legal memorandum addressing all contested legal issues.
REVISED SEPTEMBER 2025
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