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INDIVIDUAL PRACTICES OF JUDGE PAUL A. CROTTY, U.S.D.J 

United States District Court 

Southern District of New York 

500 Pearl Street 

Chambers 735 

Courtroom 20-C 

New York, NY 10007 

Telephone: (212) 805-6312 (See Rule 1B) 

Fax: (212) 805-6304 (See Rule 1C) 

Chambers E-mail: CrottyNYSDChambers@nysd.uscourts.gov

Courtroom Deputy E-mail: Marlon_Ovalles@nysd.uscourts.gov 

Unless otherwise ordered by Judge Crotty, ALL matters, both Civil and Criminal, shall be 

conducted in accordance with the following practices:

Rule #1 - Communications with Chambers

A. Letters 

Except as otherwise provided below, ALL communications with Chambers shall be by letter, with copies 

simultaneously delivered to all counsel. Letters addressed to the Court shall be faxed or e-mailed to Chambers. 

DO NOT FILE LETTERS ON ECF. If e-mailed to Chambers, the e-mail subject line shall be as follows: 

Case Caption – Case Number – Brief Description of Letter 

 Example: Jane -v- John – 07 Civ. 77777 (PAC) – Plaintiff’s Request for a Conference 

Letters e-mailed to Chambers should be in pdf format including the signature of the sender. Please do not send 

copies of correspondence between counsel. 

B. Telephone Calls 

Telephone calls to Chambers should be made only in emergency situations requiring immediate attention. In 

such situations only, call the Courtroom Deputy, Mr. Marlon Ovalles, at (212) 805-6312. Any voice messages 

should be brief, and provide the case caption/number and a brief description of the emergency (see Rule 1D for 

further information on contacting Mr. Ovalles). 

C. Faxes 

Faxes to Chambers are permitted only if copies are also simultaneously faxed or delivered to all counsel. No 

document longer than ten (10) pages may be faxed without prior authorization. Do not follow with a hard copy. 

D. Docketing, ECF and other Procedural Questions 

For Docketing, ECF and other Procedural Questions please visit the following web link: 

http://www1.nysd.uscourts.gov/directory.php and visit the appropriate department. In the event of an 

emergency or no response from the departments listed on the Court’s web site, you may as a last resort e-mail 

the Courtroom Deputy, Mr. Marlon Ovalles, at Marlon_Ovalles@nysd.uscourts.gov. 

E. Requests for Adjournments or Extensions of Time 

Requests for adjournments will not be granted unless counsel requesting the adjournment complies with this 

rule. All requests for adjournments or extensions of time must state (1) the original date(s), (2) the number of 

any previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, 

(4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent, and 

(5) if the adversary consents, counsel shall confer amongst each other and propose three (3) alternate conference 

dates. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised 

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Scheduling Order must be attached. Any request for adjournments of court conferences shall be made at least 

48 hours prior to the scheduled appearance. The Court will not advise the parties by telephone or mail of the 

disposition of requests for extensions and adjournments. Counsel are responsible for checking the docket sheet 

in the Clerk's office in person, by use of a service, or through use of the Court's ECF system. 

F. Contacting Counsel 

If the Court requires information from attorneys/litigants on a pending case, the Courtroom Deputy will contact 

the attorneys/litigants via e-mail. All Counsel should routinely check their e-mail for communication from the 

Courtroom Deputy. The Court contacts attorneys/litigants with the e-mail address of the Courtroom Deputy: 

Marlon_Ovalles@nysd.uscourts.gov. 

Rule # 2 - Courtesy Copies

A. Pleadings 

One (1) courtesy copy of pleadings (example: Complaint, Rule 7.1, Answer), marked as such, shall be 

submitted to Chambers as soon as practical after filing, in accordance with the SDNY policies regarding mail 

deliveries. 

B. Motions 

See Rule 3(I) below. 

Rule # 3 - Motion Rules at a Glance

A. Pre-Motion Conferences in Civil Cases 

As described below (Rule 3C and 3D), a pre-motion conference with the Court is required before making any 

motion, except: 

1. Motions brought on by Order to Show Cause (See Rule 3F) 

2. Criminal Motions 

3. Motions by Pro Se Litigants 

4. Motions for Admission Pro Hac Vice

5. Motions for Reconsideration 

6. Motions for Default Judgment (See Rule 3L) 

B. Pre-Motion Conference Letter in Lieu of Answer 

The time to Answer a Complaint is preserved as long as the defendant submits a pre-motion conference letter by 

the date the Answer is due. 

C. Discovery Motions 

Discovery disputes arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure shall 

be heard only if the moving party has first conferred in good faith by telephone or in person with all other 

relevant parties in an effort to resolve the dispute. If this conference has not resolved the issue(s) raised, the 

moving party must inform the relevant parties during the conference that the moving party intends to seek relief 

from the Court on such issue(s). The moving party must thereafter promptly request a conference with the 

Court. To request a conference with the Court, the moving party shall submit a letter, not to exceed three (3)

pages in length, setting forth the basis of the discovery dispute and the need for the anticipated motion. The 

letter must certify that the required in-person or telephonic conference took place between counsel and the 

relevant parties. The letter must also state the date of such conference and provide the adversary’s position as to 

each issue being raised (as stated by the adversary during the in-person or telephonic conference). These 

requirements are not satisfied by attaching copies of correspondence between counsel. The party opposing the 

requested relief should submit a letter to the Court within three (3) business days (also not to exceed three (3) 

pages in length). The letters should be faxed or e-mailed to Chambers. DO NOT FOLLOW WITH AN 

ORIGINAL COPY OF THE LETTERS ONCE FAXED OR E-MAILED TO CHAMBERS.

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D. Motions other than Discovery Motions 

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. Other parties shall respond within three (3) business 

days. The moving party should not submit a reply letter unless the Court requests it. Once the Court is ready to 

schedule a pre-motion conference, the Courtroom Deputy will contact the parties, via e-mail, in order to 

schedule the pre-motion conference on a mutually convenient date. Please see Rule 1A (above) with respect to 

instructions on how to submit the letter to Chambers. DO NOT FOLLOW WITH AN ORIGINAL COPY 

OF THE LETTERS ONCE FAXED OR E-MAILED TO CHAMBERS. 

E. Return Date 

All motions should be made without a return date. 

F. Orders to Show Cause and Temporary Restraining Orders 

All applications for orders to show cause and temporary restraining orders first shall be brought to the Orders 

and Appeals Clerk for approval and then to Chambers, provided that in ECF cases, counsel shall adhere to any 

instructions given by the Clerk’s Office with respect to such applications. Applications for temporary 

restraining orders will be entertained only after notice to the adversary, absent a persuasive showing that the 

giving of notice itself is likely to result in immediate and irreparable injury. 

G. Memoranda of Law 

Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are 

limited to twenty-five (25) pages, and reply memoranda are limited to ten (10) pages. Memoranda of ten (10) 

pages or more shall contain a table of contents. 

H. Filing Motion Papers 

Motion papers shall be filed promptly on ECF after service according to any schedule set by the Court. 

I. Courtesy Copies of Motion Papers 

Two (2) courtesy copies of all motion papers, marked as such, shall be submitted to Chambers at the time the 

papers are served, in accordance with the SDNY policies regarding mail deliveries. 

J. Bankruptcy Appeals 

Counsel shall provide Chambers with two (2) courtesy copies of their briefs, and counsel for appellant shall 

provide Chambers with one (1) courtesy copy of the record, immediately upon the filing of the originals with 

the Clerk of Court. The page limits applicable to memoranda of law on motions apply to briefs on bankruptcy 

appeals. 

K. Oral Argument on Motions 

The Court will contact the parties after the motion has been fully briefed regarding an oral argument date. 

L. Default Judgments 

1. Applications. An application for a default judgment must comply with Local Civil Rules 55.1 and 55.2 and 

will not be accepted absent the submission of a proposed form of default judgment and an affidavit containing 

the following: 

a. A description of the nature of the claim; 

b. A description of the legal and factual basis of the Court’s subject matter jurisdiction; 

c. A description of the legal and factual basis of the Court’s personal jurisdiction over the defendant; 

d. A statement that the defendant is not an infant or an incompetent; 

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e. The annexation of a certificate of default stating that the defendant was properly served and failed to 

answer or appear, signed and stamped by the Clerk of Court; and 

f. The annexation of documentation, if any, substantiating the claim. 

2. Relief. If a party seeks an award of damages or attorney’s fees and expenses, the party must also include: 

a. A request for an amount equal to or less than the principal amount demanded in the Complaint; 

b. Definitive information and documentation such that the amount provided for in the proposed 

judgment can be calculated. (If this requirement cannot be satisfied, a default judgment may be 

granted as to liability, and damages will be determined by an inquest/hearing); 

c. An affidavit representing that no part of the judgment sought has been paid, other than as indicated 

in the motion; 

d. Any request for interest on the principal amount may not exceed 9% simple interest, unless a legal or 

factual basis is demonstrated for a different rate; 

e. An affidavit setting forth the legal and factual basis for any claim of attorneys’ fees and expenses, 

and the hours spent by each attorney, the reasonable hourly rate for each attorney, a description of 

services and the dates on which the services were rendered and a description of the expenses; and 

f. The calculations made in arriving at the proposed judgment amount. 

M. Pro Hac Vice Motions 

Procedures on filing a Pro Hac Vice Motion can be found by visiting the following web link: 

http://www1.nysd.uscourts.gov/pro_hac.php

N. Failure of the Court to Decide a Motion 

If a motion is not decided within 120 days of the time it is fully submitted, counsel for either party may send a 

letter to the Court to call this fact to the Court’s attention. 

Rule # 4 - Electronic Cases

A. Registration 

Counsel for all parties are required to register as filing users in accordance with the Procedures for Electronic 

Case Filing at http://www1.nysd.uscourts.gov/ecf.php. 

B. ECF Notice 

All Civil and Criminal cases (except Pro Se cases) filed on or after March 1, 2004 that are assigned to Judge 

Crotty are Electronic Case Filings. All counsel must register for ECF and file a Notice of Appearance in each 

case pending before this Court. Counsel are responsible for checking their registered e-mail and docket sheet 

for Orders and Notices. If you are not receiving copies of Orders or Notices, please contact the ECF Help Desk 

at (212) 805-0800, or in person on the third floor of the courthouse. 

Rule # 5 - Rulings

A. Notice of Rulings in ECF Cases 

In ECF cases, notice of opinions, orders, and stipulations is given through the ECF system. NO OTHER 

MEANS OF NOTIFICATION WILL BE USED. 

B. Notice of Rulings in Non-ECF Cases 

Judge Crotty participates in the CourtWeb system with respect to cases that are not on the ECF system. Notice 

of most orders (other than scheduling orders), decisions, and stipulations in non-ECF cases are posted on the 

World Wide Web and may be accessed through the Court’s web site: http://www1.nysd.uscourts.gov/index.php. 

CourtWeb also permits attorneys to use an electronic watch list to notify them by electronic mail when orders 

are posted in cases. Counsel are directed to the Court’s web site for details as to how to sign up for this service. 

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Although most orders in non-ECF cases will be posted to the CourtWeb site, counsel are responsible for 

knowledge of all orders entered on the docket. Copies of any orders, decisions, and stipulations in non-ECF 

cases will be mailed to ALL parties listed on the ECF docket report for the particular case. 

Rule # 6 - Conferences

A. Conference Location 

All conferences will be held in Courtroom 20-C unless otherwise indicated. Judge Crotty and Judge Keenan 

share Courtroom 20-C. All conferences in Courtroom 20-C before Judge Crotty will be scheduled after 2:00 

p.m. In the event that Judge Crotty uses a Courtroom other than 20-C, plaintiff’s counsel will be contacted by 

the Court the day before the scheduled court appearance. Plaintiff’s counsel shall notify all counsel 

immediately of the new courtroom location. A sign indicating the correct courtroom location will also be 

posted on doors of Courtroom 20-C on the date of the scheduled conference. 

B. Transcript of Conference/Hearing 

All conferences before Judge Crotty are recorded using “Courtflow.” In order to obtain a copy of an 

electronically recorded proceeding, please visit the: http://www1.nysd.uscourts.gov/courtrm_tech.php and look 

for “Electronic Court Recording (ECR).” All oral arguments, trials hearings and all criminal proceedings are 

recorded using the assistance of a Court Reporter. Please visit the following link, 

http://www1.nysd.uscourts.gov/court_reporting.php to obtain further information on how to order a transcript 

from the Court Reporters’ Office. 

C. Initial Conference/Arraignment in a Criminal Case 

Upon the assignment of a criminal case to Judge Crotty, the Assistant United States Attorney shall immediately 

provide a copy (see Rule 1A) of the Indictment and Complaint to Chambers and arrange, preferably via email 

with the Deputy Clerk Mr. Ovalles, for a prompt initial conference at which the defendant and defense counsel 

will be present in order to set a discovery schedule, motion schedule or trial date. The defendant shall be 

arraigned in Magistrate Court if bail has not been set. If bail has been set or if the defendant is remanded, Judge 

Crotty will preside over the arraignment. 

D. Initial Conference in a Civil Case 

The parties shall submit to the Court a joint letter three (3) business days prior to the conference addressing 1-7 

below in separate paragraphs. If the parties are unable to agree on a joint letter, each party shall submit its own 

letter. For the Court’s convenience, the parties are requested to set forth the date and time of the conference in 

the opening paragraph of the joint letter. The parties shall agree on a Civil Case Management Plan which can 

be found at: http://www1.nysd.uscourts.gov/judge_info.php?id=91. The jointly-proposed Civil Case 

Management Plan should be submitted, via fax or e-mail, together with the joint letter as indicated above. 

1. The names, addresses (including firm names), e-mail addresses, telephone, and fax numbers of trial 

counsel; 

2. A brief description of the case, including the factual and legal bases for the claim(s) and defense(s); 

3. 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; 

4. A brief summary by each party of the claim(s) and defense(s) that party has asserted which remain to 

be tried, without recital of evidentiary matter but including citations to all statutes relied on. Such 

summaries shall identify all claims and defenses previously asserted which are not to be tried; 

5. Any contemplated motions; 

6. 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; and 

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7. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge 

(without identifying which parties have or have not so consented). If the parties are unable to agree 

on a joint letter, each party shall submit its own letter. 

Rule #7 Trial / Hearing Procedures

A. Exhibits 

1. All Exhibits are to be pre-marked. Plaintiff/Government shall mark the exhibits as numbers and 

Defendant shall use letters. Ideally, all should be marked before trial, but in all cases, exhibits must 

be marked no later than the morning of the session of the trial at which they are to be used. No trial 

time shall be taken for this purpose. 

2. Counsel are responsible for marking their own exhibits. Counsel must give two (2) copies of each 

exhibit to the Court (one for the Judge; the other for the Law Clerk) before using it at trial. Counsel 

must exchange copies of their trial exhibits before trial begins. The Court/Law Clerk copies of the 

pre-marked exhibits should be assembled sequentially in a notebook and tabbed. If an individual 

exhibit has multiple pages, the pages should be paginated. 

3. On the day of trial, counsel shall bring additional pre-marked copies for use by witnesses, the 

Courtroom Deputy, and opposing parties. 

4. Counsel shall also provide copies to the Court of any depositions which are intended to be offered, in 

whole or part, into evidence. Depositions are not generally to be offered in their entirety. Copy the 

relevant pages only, staple the extracts from each deposition, and offer each as an exhibit. 

5. Generally, each side of the case keeps track of its own exhibits. 

B. Witnesses 

All witnesses should be identified in the Joint Pretrial Order in civil cases. Failure to list a witness may result in 

preclusion of that witness. A person who is expected to testify as a witness should not be present in the 

Courtroom during the examination of evidence (or have access to a transcript or summary of that evidence); but 

this rule is not applicable to professional persons who are engaged to provide testimony based on their 

specialized knowledge, and each party may have one representative in the Courtroom. 

C. Court Reporter 

Please respect the Court Reporter’s function. If the spelling of names of people, places, or things is unusual, 

give a list of such words to the Court Reporter at the start of trial. Speak distinctly; do not speak while someone 

else is speaking. When referring to an exhibit, use its number or letter so that the record is clear as to what is 

being discussed. Answers given by a witness relating to distances in the Courtroom or objects before the 

witness should be clarified by a statement for the record so that the transcript will convey a clear report of what 

took place at trial. When depositions or documents are read, the reader should proceed slowly enough for the 

Court Reporter to record what is being said. Depositions are to be read by stating the word “Question” and then 

reading the question, then stating the word “Answer” and then reading the answer. 

D. Interpreter: 

Counsel should advise interpreters not to engage in a dialogue with the witness. Counsel should also remind 

interpreters to interpret the witness’s testimony word for word. Should the interpreter not understand the 

witness, the interpreter should so inform the Court immediately so that their inability to understand the witness 

and interpret their response to a particular question becomes part of the record. 

E. Conduct During Trial/Hearing 

Counsel shall comply with the following guidelines: 

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1. Please be on time for each court session. Trial engagements take precedence over any other 

business. If you have matters in other Courtrooms, arrange in advance to have them continued or 

have a colleague handle them for you. 

2. Court time may not be used for marking exhibits. Exhibits must be marked in advance of the court 

session. 

3. Stand whenever you address the Court, especially when making an objection. 

4. Please question the witnesses from the podium only, unless the Court gives you permission to 

approach the witness. Do not pace about the Courtroom when questioning witnesses. 

5. If you intend to question a witness about a group of documents, avoid delay by having all the 

documents with you when you start the examination. 

6. Please commence cross-examination without preliminaries. 

7. Please make your objection short and to the point. Unless specifically directed by the Court to do so, 

do not argue the objection. Please do not interrupt a question to make your objection. 

8. Please address all remarks to the Court, not to opposing counsel. 

9. Please maintain professional decorum. Do not engage in disparaging or disrespectful personal 

remarks or acrimony toward opposing counsel or witnesses. 

10. Please refer to all persons, including witnesses, other counsel, and parties by their surnames and not 

by their first names. 

11. No one at counsels’ table should gesture, make facial expressions, audible comments, or the like, as 

manifestations of approval or disapproval to the testimony of witnesses, or to a ruling or statement 

by the Court. 

12. Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating 

objections, if any, during direct examination, shall be the attorney recognized for cross-examination. 

13. In examining a witness, counsel should not repeat or echo the answer given by the witness. 

14. Please do not run out of witnesses. The Court will advise counsel of its schedule, and counsel 

should be prepared with witnesses to proceed continuously to the end of trial without interruption. 

(If a witness is not available, trial will proceed, and the witness’s testimony may be precluded.) 

F. Joint Pretrial Order 

For civil cases, see Appendix A for the form of the Joint Pretrial Order. 

G. Trial/Hearing Schedule 

Trials will generally be conducted Monday through Friday from 9:30 a.m. to 4:30 p.m. The Court will be 

available to meet with counsel from 9:00 a.m. to 9:30 a.m. Testimony will begin at 9:30 a.m. A luncheon recess 

will run from 12:45 p.m. to 2 p.m. One (1) 10-15 minute break will be given in the morning and afternoon. 

H. Cellular Phones/PDA 

Counsel wishing to bring a cellular phone/PDA into the Courtroom throughout a trial should make the 

application in writing pursuant to Rule 1A above two (2) days before trial. If approved, the Court will endorse 

the application and distribute copies to the U.S Marshals’ Office and the District Executive for compliance. In 

turn, counsel will be allowed to bring a cellular phone/PDA to the Courtroom after screening by security. 

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Appendix A 

Form of Pretrial Order

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Appendix A – Form of Pretrial Order

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

[caption] XX Civ. XXXX (PAC) 

 The parties having conferred among themselves and with the Court pursuant to Fed. R. Civ. P. 15, the 

following statements, directions, and agreements are adopted as the Pretrial Order herein. 

I. NATURE OF THE CASE 

[Set forth a brief statement of the general nature of the action and the relief sought by each party.] 

II. JURY / NON-JURY 

[State whether a jury is demanded, whether there is any dispute as to whether the action should be tried by a 

jury, and the estimated length of trial.] 

III. STIPULATED FACTS 

[Set forth any stipulated or agreed upon statements of fact.] 

IV. PARTIES’ CONTENTIONS 

 The pleadings are deemed amended to embrace the following, and only the following contentions of the 

parties: 

A. Plaintiff’s Contentions

[Set forth a brief statement of the plaintiff’s contentions as to all ultimate issues of fact and law.] 

B. Defendant’s Contentions

[Set forth a brief statement of the defendant’s contentions as to all ultimate issues of fact and law.] 

V. ISSUES TO BE TRIED 

[In non-jury cases, each party shall submit a separate statement of the proposed findings of fact and conclusions 

of law.] 

[In all cases, each party shall submit a pretrial memorandum addressing all questions of law expected to arise at 

trial.] 

VI. PLAINTIFF’S EXHIBITS 

VII. DEFENDANT’S EXHIBITS 

[Each side shall list all exhibits it intends to offer on its case in chief. The list shall include a description of each 

exhibit. All exhibits shall be premarked. If an exhibit is not listed below, it may be used at trial only (a) for 

cross-examination purposes or (b) if good cause is shown for its exclusion from the pretrial order.] 

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VIII. STIPULATIONS AND OBJECTIONS TO EXHIBITS 

[If there are to be objections, such objections should be noted with an asterisk, and the grounds for the objection 

(authenticity, relevancy, etc.) specified. Any objections not set forth herein will be considered waived absent 

good cause shown.] 

[The parties shall set forth any stipulations with respect to the authenticity and admissibility of exhibits and 

indicate all objections to exhibits and grounds therefor.] 

IX. PLAINTIFF’S WITNESS LIST 

X. DEFENDANT’S WITNESS LIST 

[Each party shall list the witnesses it intends to call on its case in chief and, if a witness’s testimony will be 

offered by deposition, shall designate by page and line numbers the portions of the deposition transcript it 

intends to offer. Each party shall set forth any objections it has to deposition testimony designated by the other 

and the basis therefore. The witnesses listed may be called at trial. If a witness is not identified, the witness 

shall not be permitted to testify on either party’s case in chief absent good cause shown.] 

 

XI. MOTIONS IN LIMINE 

[In all cases, counsel shall submit a list of all motions addressing any evidentiary or other issues that should be 

resolved in limine.] 

 

XII. ADDITIONAL REQUIREMENTS IN JURY CASES 

[In jury cases, counsel shall provide the court with requests to charge and voir dire questions. The parties must 

submit a single, unified set of proposed jury instructions on the law applicable to the specific case. Where an 

instruction is not agreed upon, the parties should indicate who is proposing the instruction, as well as the legal 

basis for the instruction and for the other party’s opposition to the instruction. Where applicable, counsel shall 

also submit a proposed special verdict form.] 

XIII. RELIEF SOUGHT 

[The plaintiff shall set forth the precise relief sought, including each element of damages. If plaintiff seeks an 

injunction, the proposed form of injunction shall be set forth or attached.] 

 SO ORDERED 

 

__________________________ 

 PAUL A. CROTTY 

 United States District Judge 

Dated: New York, New York 

 , 20XX

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