Revised November 2025
INDIVIDUAL RULES OF
DISTRICT JUDGE JOAN M. AZRACK
United States District Court
Eastern District of New York
Long Island Courthouse
100 Federal Plaza
Central Islip, NY 11722
Courtroom 920
Chambers: (631) 712-5600
Brooklyn Courthouse
225 Cadman Plaza East
Brooklyn, NY 11201
Courtroom 8D South
Chambers: (718) 613-2530
Courtroom Deputy: Lauren Posillico (631) 712-5609
Rules at a Glance
Indiv. Rule
Issue Requirement No. Page
Electronic Case Filing Mandatory, except for pro se litigants. I. 3
Court Filings Courtesy Copies Should not be provided unless the II. 4
submission exceeds 20 pages.
Telephone Calls For docketing, scheduling, or calendar III.A 4
matters, call Lauren Posillico at (631)
712-5609.
Communications Requests for Must be made in the form of a III.B 4
with Chambers Adjournments/ letter filed by ECF at least 48 hours
Extensions before the deadline or court
appearance.
Urgent Notify Chambers by telephone after III.C 5
Communications filing on ECF.
Motions Made to See rule for full list. IV.A 5
Motions Magistrate Judges
Pre-Motion Conference Required before making any motion IV.B 5
except for those listed in the rule.
Moving party shall file a letter not to
exceed 3 pages. Responses (not to
exceed 3 pages) are due within 7 days.
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Memoranda of Law Memoranda of law in support of, and in IV.C 6
opposition to, motions are limited to 25
pages, and reply memoranda are limited
to 15 pages.
Citations Court prefers WestLaw citations to IV.D 6
unpublished opinions.
Summary Parties must follow the Court’s IV.E 6
Judgment Motions formatting and filing rules for Local
Rule 56.1 statements and evidentiary
filings.
Magistrate Judges All appeals and objections to Reports IV.F 7
and Recommendations must be filed
within 14 days of service of order.
Responses are due within 14 days.
Filing of Motion Bundling Rule: no motion papers shall IV.G 7
Papers be filed on ECF until the motion is fully
briefed. See rule for full list of
requirements.
Motions No pre-motion conference required and IV.H 8
Implicating Time- bundling rule does not apply.
Limiting Rules
Default Party moving shall submit a proposed IV.I 8
Judgments/ order for the Court’s signature.
Petitions to
Confirm
Arbitration
Awards
Bundling Rule Briefing must the “bundling rule”. V.A 9
Social Security Appeals
Administrative Transcript shall only be
filed on ECF contemporaneously with
the fully-briefed motion.
Joint Pretrial Shall be prepared under the supervision VI.A 10
Pre-Trial Procedures
Orders in Civil of the assigned Magistrate Judge. See
Cases rule for list of what should be included
in order.
Filings Prior to See rule for full list of requirements. VI.B 10
Trial in Civil
Cases
Sentencing Defendant’s sentencing memorandum VII. 12
Criminal Cases
due 3 weeks prior to sentencing.
Government’s response due 2 weeks
prior.
Junior lawyers are invited to address the VIII. 12
Junior Lawyers
Court during conferences, argue
motions, and to question witnesses.
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Unless otherwise ordered by Judge Azrack in a specific case, matters before Judge Azrack shall
be conducted in accordance with the following practices:
I. ELECTRONIC CASE FILING (ECF)
A. All documents must be filed electronically.
B. All written submissions and supporting materials must be text-searchable, to the
extent practicable.
C. Chambers staff are unable to assist with filing via ECF. For ECF assistance, call
(631) 712-6030. Attorneys should also refer to the Court’s website at:
https://www.nyed.uscourts.gov/attorneys
https://www.nyed.uscourts.gov/cmecf-nextgen-information
D. Attorneys will receive all notifications and orders from the Court electronically
through ECF.
E. Parties filing voluminous or non-text exhibits that are impracticable to file
electronically should contact Chambers prior to filing.
F. Litigants proceeding pro se are exempt from ECF requirements. Chambers mails
copies of any orders to pro se parties. Pro se parties are responsible for maintaining
a current address on file with the Court. Pro se parties without ECF access shall file
all documents through the Clerk’s Office and shall not fax any document to
Chambers without prior approval.
G. In pro se cases, parties represented by counsel must still submit documents
electronically. For questions about filing and serving documents in cases where one
or more parties are proceeding pro se, contact the pro se office at (631) 712-6060.
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II. COURTESY COPIES
A. Hard copies of documents filed by ECF should not be provided to Chambers
unless the submission exceeds 20 pages, including exhibits. Any courtesy copies
submitted to Chambers must be clearly marked “Courtesy Copy,” “Original Filed
by ECF,” and “Assigned Document Number [indicate document number from
docket sheet].” Any exhibits or appendices should be clearly labeled and tabbed in
the courtesy copy. Where a filing is of substantial length, the filer should submit
the hard copy in a binder.
B. Courtesy copies should be mailed to Chambers on the filing date; overnight or
expedited mail is not required unless the Court orders otherwise.
C. Courtesy copies of any pleadings permitted under Federal Rule of Civil Procedure
(“FRCP”) 7(a) and any filing directed to the assigned Magistrate Judge should not
be provided to Judge Azrack.
D. Proposed orders, jury instructions, and other such writings a party wishes the Court
to adopt should be submitted to chambers in Microsoft Word format as well as filed
on ECF in PDF format. However, parties need not submit word-processing files of
stipulations of dismissal or settlement unless specifically requested to do so.
Counsel may send the files to:
[email protected].
III. COMMUNICATIONS WITH CHAMBERS
A. Telephone Calls: Parties may contact Courtroom Deputy Lauren Posillico at (631)
712-5609 regarding docketing, scheduling, or calendar matters. If parties have
questions concerning the application of Judge Azrack’s individual rules, they
shall jointly contact Chambers at (631) 712-5600.
B. Requests for Adjournments or Extensions of Time: All requests for
adjournments of court appearances or extensions of time must be made in the form
of a letter filed by ECF at least 48 hours before the deadline or court appearance.
The request must indicate: (1) the original date and time; (2) the reason for the
request; (3) how much additional time is requested; (4) the number of previous
requests; (5) whether the adversary consents, and, if not, the reasons given by the
adversary for refusing consent; (6) proposed alternative dates when all parties are
available; and (7) whether the request affects any other scheduled deadline or court
appearance (in which case alternative dates must be proposed). See § IV(A), infra,
for further details.
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C. Urgent Communications: Materials filed via ECF may not be reviewed the same
day they are filed. If a submission requires immediate attention, please notify
Chambers by telephone after filing on ECF.
IV. MOTIONS
A. Judge to Whom Motions Are to Be Made: All dispositive motions, including
motions to dismiss, motions for summary judgment, motions to change venue,
motions to remand, and motions for class certification are to be made to Judge
Azrack.
The assigned Magistrate Judge will preside over pretrial case management,
discovery, and settlement. Unless otherwise specifically ordered, all discovery and
other non-dispositive pretrial motions and applications are to be made to the
Magistrate Judge in accordance with the Magistrate Judge’s individual rules. Non-
dispositive motions and applications include:
1. Discovery motions and applications, including motions to stay
discovery.
2. Motions to amend pleadings.
3. Extensions of time to serve, answer, or file amended pleadings.
4. Stipulations concerning amendments to pleadings.
5. Stipulations to transfer venue.
6. Motions to quash subpoenas.
7. So ordering of subpoenas.
8. Applications concerning confidentiality/protective orders.
9. Sealing and unsealing orders.
10. Motions to withdraw as counsel.
11. Pro hac vice motions.
12. Substitutions of counsel.
13. Motions to disqualify counsel.
14. Requests for adjournments or extensions of time concerning
arbitration or mediation proceedings.
15. Motions for conditional certification under the Fair Labor
Standards Act.
B. Pre-Motion Conference: Except as noted below, a pre-motion conference is
required before making any motion addressed to Judge Azrack. To arrange a pre-
motion conference, the moving party shall file (via ECF) a letter not to exceed
three pages in length setting forth the basis or bases for the anticipated motion.
All parties so served must file a letter response (also via ECF), not to exceed three
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pages, within seven days of service. Service of a pre-motion letter by the moving
party within the time requirements established by statute or the Federal Rules of Civil
Procedure for the filing of a motion (such as FRCP 12), shall constitute timely
service of the motion.
No pre-motion conference is required for motions pursuant to FRCP 50, 52, 59, and
60, habeas corpus/prisoner petitions, Social Security and Bankruptcy appeals,
objections to Reports and Recommendations by Magistrate Judges, motions for
default judgment, motions to remand, and motions filed by pro se parties. Counsel
should be aware that the Court of Appeals will not accept an argument that
compliance with district court motion rules should excuse non-compliance with
Federal Rule of Appellate Procedure 4.
In some cases, it will be apparent from the letter requesting a pre-motion conference
that such a conference will not be a useful expenditure of the parties’ time, and a
motion schedule will be set without a pre-motion conference. However, if a party
advises the Court in its pre-motion argument request that an attorney with seven years
or less of experience as a licensed attorney will be representing the party at the
conference, the Court may schedule a pre-motion conference.
Additionally, counsel should note that, in appropriate cases, the pre-motion letter
along with counsel’s argument at the pre-motion conference, may be construed, at
the discretion of the Court, as the motion itself.
C. Memoranda of Law: 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 15 pages. Memoranda of 10 pages or more shall contain
a table of contents.
D. The Court prefers WestLaw citations to unpublished opinions.
E. Summary Judgment Motions: Except in pro se cases, Local Rule 56.1 statements
by a party opposing summary judgment shall quote verbatim the moving party’s
Local Rule 56.1 statement, and shall respond to each allegation in the moving
party’s statement immediately beneath each allegation. The opposing statement
also may, if necessary, include a separate section of additional material facts alleged
to be in dispute. If the opposing statement includes a separate section of additional
facts, the moving party must file a reply statement addressing the additional
assertions.
On motions for summary judgment, do not attach complete deposition transcripts
as exhibits. Attach only pages containing relevant testimony to which citation is
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made in the motion papers.
F. Magistrate Judge Appeals and Objections to Magistrate Judge Reports and
Recommendations
In accordance with FRCP 72, all Magistrate Judge appeals and objections to
Reports and Recommendations must be served upon all parties and filed with the
Court within 14 days of service of the challenged order or report. The party
opposing an appeal or objection shall file an opposition within 14 days of service.
All appeals and objections must set forth the specific aspects of the order or report
that are being challenged.
For appeals from Magistrate Judge orders concerning discovery, the appeal must
be in the form of a letter, not exceeding three pages in length.
For all other Magistrate appeals and objections to Reports and Recommendations,
the parties shall follow the page limits set forth in Section IV(c) above.
G. Filing of Motion Papers
1. For motions in which a pre-motion conference request is required, if the
motion goes forward, the Court will set a briefing schedule at the pre-
motion conference. For all other motions, the parties shall submit a
proposed briefing schedule to the Court.
2. Judge Azrack follows the “bundling rule.” Except for motions pursuant
to FRCP 50, 52, 59, and 60, motions to remand, and motions where the
movant is pro se, no motion papers shall be filed on ECF until the
motion is fully briefed. The movant shall serve the notice of motion and
all supporting papers on the other parties in accordance with the briefing
schedule. When the adversary serves its opposition papers, the adversary
will also provide the movant with one additional copyof the opposition
papers (and, if the adversary is represented by counsel, with a PDF
version of the opposition papers). Once the motion is fully briefed, the
moving party is responsible for filing the full set of motion papers via
ECF. The moving party is also responsible for providing Chambers with
one courtesy copy of all motion papers, together with a cover letter
specifying each document in the package. A copy of the cover letter shall
be sent to opposing counsel.
3. Oral Argument: Parties may request oral argument at the time their
moving, opposition, or reply papers are filed. The Court will determine
whether argument will be heard and, if so, will advise counsel of the
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argument date.
4. Notices of motion shall not contain a return date.
5. Exhibits must be plainly labeled on ECF, not simply listed as an “Exhibit,”
in a manner substantially similar to the following:
H. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting Rules
As indicated above, these practices do not require a pre-motion conference or that a
motion be fully briefed before it is filed when strictly enforced time limits must be met
to preserve rights. Regardless, if any party concludes in good faith that delaying the
filing of a motion, in order to comply with any aspect of these individual practices, will
deprive the party of a substantive right, the party may file the motion within the time
required by the Federal Rules of Civil and/or Appellate Procedure, together with an
explanation of the basis for the conclusion.
I. Default Judgments/Unopposed Petitions to Confirm Arbitration Awards
A party moving for default judgment or moving to confirm an unopposed petition to
confirm an arbitration award shall submit a proposed order for the Court’s signature.
The proposed order shall contain evidentiary citations, with affidavits and other
documentary evidence.
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V. SOCIAL SECURITY APPEALS
A. Briefing in Social Security Appeals shall comply with the “bundling rule”
described in Individual Rule IV(F). The Administrative Transcript shall only
be filed on ECF contemporaneously with the fully-briefed motion.
B. In all cases in which the plaintiff is represented by counsel, along with its motion
for judgment on the pleadings, as required by this district’s Administrative Order
2015-05 (“In re: Scheduling in Social Security Cases”)(ii)(A), the plaintiff shall
provide a “Statement of Contentions.” This statement, conceptually similar to that
required for summary judgment motions by Local Rule 56.1, shall set forth a
separate, short, and concise statement, in numbered paragraphs, the contentions of
the plaintiff as to the alleged legal errors in the Secretary’s determination and/or
the specific findings of the decision of the Administrative Law Judge (“ALJ”) that,
the plaintiff contends, is not supported by substantial evidence. Failure to submit
such a statement may constitute grounds for denial of the motion, and failure to
identify a legal error or finding unsupported by substantial evidence may be deemed
a waiver of such argument. See Selian v. Astrue, 708 F.3d 409, 420 (2d Cir. 2013)
(discussing forfeiture of arguments not presented to district court); Estrella v.
Berryhill, 925 F.3d 90, 98 (2d Cir. 2019) (“claimants in Social Security cases must
preserve legal arguments—not necessarily factual ones”).
C. The responsive papers filed by the defendant, as required by AO(ii)(B), shall
include an “Opposing Statement of Contentions,” containing correspondingly
numbered paragraph responding to each numbered paragraph in the statement of
the moving party. The failure to include such an opposing statement may result in
the striking of the opposition to the motion.
D. Each contention by the movant and opponent made pursuant to this rule must be
followed by pinpoint citations to the administrative record, identifying evidence
supporting and/or rebutting each said contention. By way of example, if plaintiff
contends that the ALJ failed to properly assess plaintiff’s residual functional
capacity, plaintiffs Statement of Contentions should identify with particularity the
aspects of plaintiff’s purported disability which were disregarded by the ALJ along
with specific page citations identifying evidence supporting this claim. The
Government, in turn, in its Opposing Statements should provide citations
identifying the evidence which it believes the ALJ properly relied upon in reaching
a determination as to those specific findings.
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VI. PRETRIAL PROCEDURES
A. Joint Pretrial Orders in Civil Cases: A joint pretrial order shall be prepared under
the supervision of the assigned Magistrate Judge in accordance with the schedule
set by the Magistrate Judge. The parties are directed to cooperate with each other
in the preparation of the joint pretrial order, which shall include the following:
1. The full caption of the action.
2. The names, addresses (including firm names), and telephone and fax
numbers of trial counsel.
3. 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.
4. A brief summary by each party of the claims and defenses that party
has asserted which remain to be tried, without recital of evidentiary
matters, but including citations to all statutes relied on. The parties shall
identify all claims and defenses previously asserted which are not to
be tried.
5. Any stipulations of fact or law that have been agreed to by all parties.
6. A statement regarding damages and other relief sought.
7. 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.
8. Names of all witnesses (fact and expert), together with a brief narrative
statement of the expected testimony of each witness and an indication
whether the witness will testify in person or by deposition. Only listed
witnesses will be permitted to testify except when prompt notice has
been given and good cause shown.
9. Schedule of exhibits to be offered in evidence by each party. To the
extent practicable, counsel should identify any anticipated objections
to an opposing party’s exhibits. Exhibits admitted by stipulation are to
be designated as such. Only exhibits listed shall be offered in
evidence except when prompt notice has been given and good cause
shown.
10. A designation by each party of deposition testimony to be offered in its
case-in-chief, with any cross-designations.
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11. 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).
B. Filings Prior to Trial in Civil Cases: After the parties have filed their joint pretrial
order, the Court will set deadlines for submission of the following trial materials:
1. In All Trials: Two courtesy copies of all exhibits, which shall be
appropriately labeled and indexed, including a table of contents. All
exhibits must be premarked for trial and exchanged with the other
parties at least ten days before trial. Where exhibits are voluminous,
they should be paginated and placed in binders with tabs.
2. In Jury Trials:
i. Voir dire questions. Only questions specifically addressing the
issues to be tried should be submitted. Routine questions are not
necessary. Unless otherwise notified, the Court (or a magistrate
judge) will conduct all voir dire.
ii. A joint list of all persons, entities, or places that may be
mentioned at trial.
iii. A joint, brief, summary of the case that will be read to the jury
during voir dire.
iv. Proposed verdict forms.
A joint request to charge. General instructions will be prepared
by the Court. The joint request to charge shall include the
elements of the claims, the damages sought, the defenses, any
special requests to charge, and supporting authority. In
preparing the joint request to charge, the parties shall confer in
good faith and attempt to resolve any disagreements. Areas of
honest disagreement should be highlighted, clearly identified,
and supported by authority. In addition to filing the joint request
to charge on ECF and providing a courtesy copy to the
Chambers, an electronic copy should be emailed to Chambers
at
[email protected] the parties cite to
jury instructions from another case as authority for their
proposed instructions, the parties shall submit a PDF version of
those instructions to Chambers at
[email protected] .
v. Fully briefed motions addressing any evidentiary or other
issues that should be resolved in limine.
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vi. A pretrial memorandum where a party believes it would be
useful.
3. In Non-Jury Trials: Legal memoranda addressing all contested
legal issues.
VII. Sentencing in Criminal Cases
Defendant’s sentencing memorandum, if any, is due three weeks prior to sentencing. The
Government’s response, if any, is due two weeks prior to sentencing. Sentencing
memoranda and any objections to the Presentence Report must be provided to the Probation
Department.
VIII. Junior Lawyers
Junior members of legal teams representing clients are invited to address the Court during
conferences, argue motions they have helped prepare, and to question witnesses with whom
they have worked. Opportunities to train young attorneys in oral advocacy are rare because
of the decline of trials. Where junior lawyers are familiar with the matter under
consideration, but have little experience arguing before a court, they should be encouraged
to speak in court when possible. This court is amenable to permitting a number of lawyers
to argue for one party if this creates an opportunity for a junior lawyer to participate. The
ultimate decision of who speaks on behalf of the client is, of course, for the lawyer in charge
of the case, not for the Court.
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