Denise Cote at a glance
- Current role
- Senior Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Denise Cote
Senior Judge · U.S. District Court for the Southern District of New York
Service record and verification
Judicial service and assignments
- U.S. District Court for the Southern District of New York · Judge · Senior · August 10, 1994–present · Assignment source ↗
Appointment and verification
- Appointment method
- Presidential appointment with Senate confirmation
- Appointing authority
- William J. Clinton
- Source authority
- Federal Judicial Center Biographical Directory
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Biography
Professional career
- Special assistant to assistant attorney general, Criminal Division, U.S. Department of Justice, 1994-present
- Judge, District Court, S.D. New York, 1994-2011
- Assistant U.S. attorney, Southern District of New York, 1991-1994
- She also held the role of an Assistant U.S. Attorney in the Southern District of New York from 1977 to 1985, returning in 1991 as Chief of the Criminal Division—the first woman to hold that position—overseeing approximately 140 lawyers and revamping the office’s training program
- Worked in private practice at Curtis, Mallet-Prevost, Colt & Mosle (1976–1977) and Kaye Scholer (1985–1991)
- Law clerk, Hon. Jack Weinstein, U.S. District Court, Eastern District of New York, 1975-1976
- U.S. District Court, Eastern District of New York — law clerk to Judge Jack B. Weinstein (1975–1976)
Education
- Columbia Law School in, where she held the role of Notes & Comments Editor of the Columbia Law Review — J.D. (1975)
- Saint Mary's College
Additional information
- Monday, Monday LLC (2018), she coined the term “copyright troll” to describe abusive copyright litigation practices
- Nominated to the U.S. District Court for the Southern District of New York by President Bill Clinton on April 26, 1994, to fill the seat vacated by Mary Johnson Lowe
- chief, Criminal Division, 1991-1994
- Private practice, New York City, 1985-1991
- Private practice, New York City, 1976-1977
- Date of birth: 1946-01-01
- Multidistrict Litigation Oversight: Managed large-scale MDLs, including acetaminophen-autism/ADHD product liability cases, coordinating discovery and expert testimony exclusions Cote regularly sits by designation on the U.S. Court of Appeals for the Second Circuit and has taught as an adjunct professor at Columbia Law School and Benjamin N. Cardozo School of Law
- She is also a member of the Southern District of New York’s Patent Pilot Project
- Birth place: St. Cloud, MN
Applicable Court Rules & Procedures
Remote appearances
Courtwide
In federal district-court civil proceedings, testimony is ordinarily taken in open court; remote contemporaneous testimony requires good cause in compelling circumstances and appropriate safeguards.
For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗
Recording and broadcasting
Courtwide
Federal district courts may not permit courtroom photography or broadcasting during criminal judicial proceedings unless a statute or another federal rule provides an exception.
Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (44 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
A. Letters. Except as provided below, communications with Chambers should be by letter, which shall not exceed two pages in length. Letters should be filed electronically on ECF in accordance with the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” When a letter is accompanied by attachments exceeding ten pages in length, the submitting party shall both file the letter on ECF and deliver a courtesy copy to Chambers by mail or hand delivery. No electronically filed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages. The courtesy copy must be a copy of the filed version of the letter and include the automatically generated ECF header (that is, the text — e.g., “Case 1:16-cv-01234-ABC Document 100 Filed 09/3/16 Page 1 of 1” — appearing at the top of each page of a document on the ECF system). Copies of correspondence between counsel shall not be sent to the Court (except as exhibits to an otherwise properly filed document).
Source page 1Communications with chambers
C. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Courthouse; it may not be brought directly to Chambers. If the hand-delivered mail is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.
Source page 1Adjournments
D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, and should state: (1) the original due date, (2) the number of previous requests for adjournment or extensions of time, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, 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, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance.
Source page 1Conferences and appearances
A. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court.
Source page 2Conferences and appearances
B. Initial Case Management Conference. The Court will generally schedule a Federal Rule of Civil Procedure 16 conference for a Friday within two months of the filing of the Complaint. The Notice of Initial Pretrial Conference will be filed on ECF. Plaintiff’s counsel is responsible for ensuring that all parties have received copies. In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register as ECF filers and enter an appearance in the case before the initial pretrial conference. The pertinent instructions are available on the Court website, https://www.nysd.uscourts.gov, under the “E-Filing” menu.
Source page 2Communications with chambers
C. Discovery Disputes. Follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter-motion on ECF pursuant to Rule 4.J below, no longer than two pages, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond to the letter, it should call Chambers to advise that a responsive letter will be forthcoming. Any such responsive letter must be filed on ECF within one business day unless an extension is sought and approved by the Court pursuant to Section 1.A above.
Source page 2Motion practice
A. If a party wishes to seek a temporary restraining order, it should file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order, on ECF in accordance with the procedures found in ECF Rule 18.2.
Source page 2Communications with chambers
Information on filing an application ex-parte may be found in section 6, Sealed Filing, of the S.D.N.Y. ECF Rules & Instructions, available on-line at https://nysd.uscourts.gov/rules/ecf-related-instructions. Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via the ECF system.
Source page 2Communications with chambers
B. The moving party should then email chambers at cotenysdchambers@nysd.uscourts.gov, giving notice of the filing and the time frame requested for Court action. Where the motion is made on notice, all parties should be copied on the email. If the matter is time sensitive and Chambers does not respond within two (2) hours, the moving party may
Source page 2Motion practice
A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.C above.
Source page 3Filing and working copies
B. Memoranda of Law. Unless prior permission has been granted, the word and page limits set forth in the S.D.N.Y. Local Civil Rules apply to all memoranda of law. Memoranda of ten pages or more shall contain a table of contents.
Source page 3Motion practice
C. Filing of Motion Papers. Motion papers shall be filed promptly after service.
Source page 3Motion practice
D. Notices of Motions when Filing Under Seal. When leave is sought pursuant to Section 8.B of these Practices to file a motion under seal or with redactions, any required Notice of Motion regarding the motion to be sealed shall be publicly filed on ECF at the time unredacted copies of the motion papers are submitted to the Court for review.
Source page 3Communications with chambers
E. Courtesy Copies. At the time any reply is served on a motion, the moving party shall supply two courtesy copies of all motion papers, including those of their adversaries, to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York.
Source page 3Motion practice
G. Failure of the Court to Schedule Argument or Decide a Motion. If a motion is not decided within 60 days of the time that it has become fully briefed, counsel for the movant shall send a letter to alert the Court.
Source page 3Motion practice
I. Default Judgments. A plaintiff seeking a default judgment must proceed by way of a Motion for Default Judgment pursuant to the procedure set forth in Attachment A.
Source page 3Adjournments
J. Letter-Motions. Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre- motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions. A courtesy copy shall
Source page 3Communications with chambers
not be provided to Chambers, unless it has an attachment greater than ten pages, as described above.
Source page 4Filing and working copies
K. Filing of Documents in Unrenderable .pdf Format. Since documents that are not in .pdf format may not be uploaded to ECF, parties seeking to file such documents shall seek leave of the Court via letter pursuant to Section 1.A above.
Source page 4Conferences and appearances
A. Settlement Agreements. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the public record. The parties may either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal.
Source page 4Conferences and appearances
B. Diversity Jurisdiction Cases. In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two pages explaining the basis for that party’s belief that diversity of citizenship exists.
Source page 4Discovery
A. Joint Pretrial Order. Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery, the parties shall file on ECF a
Source page 4Trial exhibits and witnesses
vi. A statement as to whether or not all parties have consented to trial by a magistrate judge, without identifying which parties do or do not consent.
Source page 5Filing and working copies
B. Required Pretrial Filings. Each party shall file and serve with the joint
Source page 5Motion practice
i. In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine;
Source page 5Filing and working copies
iv. In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.
Source page 5Filing and working copies
C. Additional Submissions in Non-Jury Cases. At the time the joint pretrial order is filed, each party shall mail or hand deliver to the Court and serve on
Source page 6Filing and working copies
i. Copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial. Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial. The original signed affidavits should be brought to trial to be marked as exhibits.
Source page 6Trial exhibits and witnesses
ii. At the close of trial, the affidavits constituting the direct testimony of all witnesses who were called at trial shall be publicly filed on CM/ECF by the party who called the witness.
Source page 6Discovery
iii. All deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts.
Source page 6Communications with chambers
iv. All documentary exhibits when they are few in number. When documentary exhibits are voluminous, they shall be submitted to Chambers in digital form on a CD-rom, DVD-rom, flash drive, or external hard drive; the most critical of the exhibits should also be submitted in hard copy.
Source page 6Communications with chambers
E. Courtesy Copies. Two courtesy copies of all documents identified in Sections 6.A, B, C.i, C.iii, and D above should be mailed or hand delivered to Chambers on the date on which they are to be served or filed. Only one hard-copy set of documentary exhibits is required.
Source page 6Courtroom conduct and technology
B. Mobile Phones. Attorneys in compliance with the Standing Order may bring mobile phones into the Courtroom, but the phones MUST be kept turned off at all times. Non-compliance with this rule will result in forfeiture of the device for the remainder of the proceedings.
Source page 7Communications with chambers
C. General Purpose Computing Devices and Other Electronic Equipment. In order for an attorney to bring into the Courthouse any general purpose computing device or other electronic equipment such as a printer not qualifying as a “personal electronic device” as defined in Standing Order M10-468, specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse should email to Chambers a completed model Court Order, available at https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general- purpose, at least 5 business days in advance of the relevant proceeding.
Source page 7Communications with chambers
Chambers will coordinate with the District Executive’s Office to issue the Order and forward a copy to counsel. The Order must be shown upon bringing the equipment into the Courthouse.
Source page 7Filing and working copies
A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
Source page 7Motion practice
B. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order (21-mc-13), and ECF Rules & Instructions, section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.
Source page 7Motion practice
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Source page 7Motion practice
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.
Source page 8Motion practice
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
Source page 8Filing and working copies
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Source page 8Motion practice
2. File a Motion for Default Judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(c). A plaintiff seeking a default judgment should not proceed by order to show cause.
Source page 9Motion practice
4. The Court will review the motion for default judgment and, if appropriate, issue an Order setting a date and time for a default judgment hearing. If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the documents required by Local Civil Rules 55.2(a) and (c) and required by the Court’s individual practices, and (2) the Court’s order setting a date and time for the default judgment hearing. The plaintiff must file proof of such service on the docket in the manner and date specified in the Court’s Order setting the default judgment hearing.
Source page 9Conferences and appearances
5. Prior to the return date, take the proposed judgment, separately backed, to the Orders and Judgments Clerk (500 Pearl Street, Room 200) for the Clerk’s approval. The proposed judgment, including all damage and interest calculations, must be approved by the Clerk prior to the conference and then brought to the conference for the Judge’s signature.
Source page 9Published judge / part rules (6 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Conferences and appearances
1. Counsel are required to register in accordance with the Procedures for Electronic Case Filing within one week following the initial pretrial conference. Counsel can access the Court's web site: www.nysd.uscourts.gov and click on CM/ECF Home Page for complete instructions on how to register.
Source page 1Communications with chambers
2. Communications with Chambers shall be by letter filed electronically on ECF, unless there is a request to file a letter under seal or a letter contains sensitive or confidential information. When a letter is accompanied by attachments exceeding 10 pages in length, the submitting party shall both file the letter electronically and deliver a hardcopy with the attachments to Chambers by mail or hand delivery. No electronically filed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages. Copies of correspondence between counsel shall not be sent to the Court (except as exhibits to an otherwise properly filed document).
Source page 1Conferences and appearances
3. When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, defense counsel of record, replacement counsel and the A.U.S.A. must also attend the conference.
Source page 1Motion practice
4. In making discovery motions, counsel are expected to comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.
Source page 1Adjournments
6. Any request for an adjournment of sentence must be made by letter, filed on ECF as previously described, as early as possible, but no later than three business days before the date at issue. Such requests should state whether opposing counsel consents.
Source page 2Filing and working copies
7. Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF. Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.
Source page 2Shared court rules
SDNY and EDNY — Joint Local Civil and Criminal Rules
U.S. District Court for the Southern District of New York
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Official source ↗ · Collected 2026-10-27Federal Rules of Civil Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
Civil actions in United States District Courts; Rule 81 exceptions apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Federal Rules of Criminal Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Sources
Identity source checked July 25, 2026.
Biography sources checked August 2, 2026.
Federal Judicial Center biography
Identity source · HTML · Federal Judicial Center Biographical Directory · effective August 10, 1994 · Source checked July 25, 2026
View Federal Judicial Center biography ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Federal Rule of Civil Procedure 43(a), Testimony in Open Court
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗