P. Kevin Castel at a glance
- Current role
- Senior Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Senior Judge · U.S. District Court for the Southern District of New York
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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 ↗
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 ↗
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
i. Communications with the Court shall be by letter, submitted on ECF, with copies simultaneously delivered to all counsel or unrepresented parties.
Source page 1ii. If your submission requires immediate attention or contains matters that a party believes should be under seal, please fax the letter to Chambers at (212) 805-7949.
Source page 1iv. All letters must set forth the date of the next conference before the Court.
Source page 1B. Requests for Adjournments or Extensions of Time. Requests for adjournments or extensions of time shall be made by letter and state the (i) the original date, (ii) the number of previous requests for adjournment or extension and whether they were granted or denied, and (iii) 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, the request shall attach a proposed Revised Case Management Plan and Scheduling Order (reflecting actual dates which are business days). A request for an adjournment of time to answer a complaint should also include a request to adjourn the initial conference to a date at least 14 days after the answer would be due.
Source page 1C. Telephone Calls. For docketing, scheduling and calendar matters, please call the Courtroom Deputy, Florence Nacanther, at (212) 805-0131 between 8:30 a.m. and 5:00 p.m. Questions about the proper manner to proceed in a given circumstance should be raised in a letter (See 1.A.) Telephone calls to Chambers, (212) 805-0262, are reserved for situations requiring immediate attention.
Source page 1D. Courtesy Copies. Courtesy copies of all pleadings (complaint, answer, counterclaim, etc.) shall be sent to Chambers if they exceed 20 pages in length, including exhibits, within five days of filing.
Source page 23. Case Management Plans. For all civil cases, the parties shall confer and prepare a proposed Case Management Plan and Scheduling Order (a model Plan and Order is found under Judge Castel’s name on the Court website) and the agreed upon Plan and Order (together with any alternate proposal) shall be brought to the Initial Pretrial Conference.
Source page 2i. The filing of a pre-motion letter to the Court is required prior to the filing of all motions, except the following: (i) discovery motions (see 4.B.); (ii) motions brought by order to show cause, by incarcerated pro se litigants, for a default judgment, for appointment of lead counsel under the PSLRA, for admission pro hac vice, to withdraw as counsel and for reconsideration; and (iii) motions described in Rule 6(b)(2), Fed. R. Civ. P., Rule 4(a)(4)(A), Fed. R.
Source page 2iii. The letter shall set forth in detail the legal and factual basis for the anticipated motion and a proposed schedule for the motion.
Source page 2iv. A response to the letter shall be filed within four business days.
Source page 2v. In the event that a pre-motion letter seeks to file a motion to dismiss, the party responding shall unambiguously state whether he, she or it seeks leave to amend. The pre-motion letter and response will be taken into account in deciding whether further leave to amend will be granted in the event the motion to dismiss is granted. The transmittal of a pre-motion letter for a proposed motion under Rule 12(b), Fed. R. Civ. P. stays the time to answer or move until further order of the Court.
Source page 2vi. The pre-motion letter shall state in the first paragraph the date of any conference scheduled before the Court.
Source page 3B. Discovery Motions. For discovery motions, the parties shall comply with Local Civil Rule 37.2 unless otherwise ordered. A letter presenting a discovery dispute to the Court shall contain the certification required under Rule 37(a)(1), Fed. R. Civ. P., and the full text of any a discovery request and response or objection thereto, together with any case law support and any affidavits required to adjudicate the issue. The party from whom discovery is sought shall respond within four business days and shall include any case law support and any affidavits required to adjudicate the issue.
Source page 3C. Response time. Unless otherwise ordered, the time for a response or reply to a filed motion under the Federal Rules of Civil Procedure is as set forth in Local Civil Rule 6.1. (The response time to a pre- motion letter or discovery dispute letter are as set forth in 4.A. (iv) and 4.B.
Source page 3D. 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 10 pages. Memoranda of 10 pages or more shall contain a table of contents.
Source page 3E. Courtesy Copies. Courtesy copies of all motion papers shall be submitted in hard copy to Chambers within five days of filing.
Source page 3i. A summary judgment movant shall provide the opposing party with a copy of its Local Rule 56.1(a)(1) Statement in Microsoft Word format within four days of filing.
Source page 3Default Judgment. A party moving for a default judgment shall proceed by motion and not by proposed order to show cause. See Default Judgment Procedures for Judge Castel on the Court’s website (www.nysd.uscourts.gov.)
Source page 3Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents or portions of documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing the applicability of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006) and any other controlling authority. Unless otherwise ordered, a party seeking to file an opposing party’s confidential information shall so advise the opposing party fourteen (14) days in advance specifying the precise portion of the information the party seeks to use, the general purpose thereof and any redactions to which the party does not object. Within seven (7) days thereafter, the party whose confidential information is sought to be used may make an application to seal in accordance with the first paragraph of this Order, indicating the portion or portions of the information it seeks to have sealed. Nothing herein is intended to alter or modify the applicability of Rule 5.2, Fed. R. Civ. P., to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court.
Source page 46. Final Pretrial Submissions. Unless otherwise ordered by the Court, no later than 45 days following completion of fact and expert discovery in a civil case, the parties shall submit
Source page 4A. A proposed Joint Pre-Trial Order that includes the information required by
Source page 4i. The names, addresses, cell phone numbers and email addresses of all counsel participating in the trial.
Source page 4ii. Stipulations of fact and testimony, including a certification by lead trial counsel for all parties that they have met face-to-face for the purpose of endeavoring to reach agreement upon stipulations of fact and stipulations of testimony and the content of their stipulations.
Source page 4B. The parties shall confer on a schedule which results in any motions in limine being fully briefed and submitted motions 45 days following the completion of fact and expert discovery.
Source page 5C. In addition to A and B above, in any action to be tried to a jury, the following shall also be submitted: (1) proposed voir dire; (2) proposed jury instructions; and (3) proposed verdict form. Submissions must be filed on ECF with an electronic copy in Microsoft Word submitted to Chambers. Unless otherwise agreed by the parties, the party with the burden of proof should prepare the initial draft of (1), (2), and (3) in sufficient time for the other side to respond. Parties should indicate the extent to which they are in agreement with the other side’s proposal.
Source page 5D. In addition to A and B above, in any action to be tried to the Court without a jury, the following shall also be submitted: the direct testimony of each witness under the control of a party (i.e. excluding adverse witnesses and witnesses whose appearance must be compelled by subpoena) shall be presented in the form of an affidavit or declaration setting forth the narrative of their testimony in numbered paragraphs. At trial, each witness whose direct testimony previously has been submitted in affidavit or declaration form shall take the stand and under oath shall reaffirm that the affidavit or declaration is true and correct. The party offering the witness then shall offer the affidavit or declaration as an exhibit, subject to appropriate objections by the opposing party, on which the court will then rule. For good cause shown, the witness then may be allowed to supplement his or her statement by additional direct testimony. Thereafter, cross- examination and any redirect shall proceed in the ordinary course. Before the close of all discovery, counsel shall meet and confer and propose to the Court a schedule on the exchange and submission of affidavits or declarations, as well as the submission of courtesy copies to the Court. The parties shall confer on a schedule and submit the same to the Court.
Source page 5A. Exhibits. All trial or hearing exhibits shall be pre-marked with exhibit letters for the plaintiff (e.g. PX A, PX B, etc.) and numbers for the defendant (e.g. DX 1, DX 2, etc.) Unless otherwise ordered, at the commencement of trial, two sets of trial exhibits shall be presented to the Court and one set to opposing counsel.
Source page 6See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
i. Communications with the Court shall be by letter and filed on ECF. Absent a specific direction from the Court, the text of an email transmitted to Chambers does not qualify as a letter and its contents will not be addressed by the Court or Chambers’ Staff.
Source page 1iii. The first paragraph of all letters must set forth the date of the next conference before the Court.
Source page 1B. Questions and Matters Requiring Immediate Attention. Questions or requests on matters of scheduling, substance or procedure should be presented by letter. (See 1.A.) For matters requiring immediate attention, please email Chambers at: CastelNYSDChambers@nysd.uscourts.gov.
Source page 1C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time shall be made by letter filed on ECF. The
Source page 1vi. A request for an extension of the schedule for completion of discovery shall attach a proposed Revised Case Management Plan and Scheduling Order (reflecting actual dates which are business days). It should also include a request to adjourn the next conference to a date at least 14 days after any proposed date for the close of fact discovery.
Source page 2vii. A request for an adjournment of time to answer a complaint should include a request to adjourn the initial conference to a date at least 14 days after the answer would be due.
Source page 2viii. A request for adjournment of a motion schedule shall include proposed dates for all submissions of all parties relating to the motion.
Source page 2D. Courtesy Copies. If, but only if, they exceed 40 pages in length, courtesy copies of all pleadings (complaint, answer, counterclaim, etc.) shall be sent to Chambers within five days of filing.
Source page 2E. Electronic Device Request. The Electronic Device Request form should not be submitted on ECF. It should be emailed to the Chambers’ email. It will be processed and returned to the requesting party and the party should bring a copy of the signed Request Form to Court.
Source page 22. Case Management Plans. For all civil cases, the parties shall confer and prepare a proposed Case Management Plan and Scheduling Order (a model Plan and Order is found under Judge Castel’s name on the Court website) and the agreed upon Plan and Order (together with any alternate proposal) shall be filed on ECF no later than 48 hours before the Initial Pretrial Conference.
Source page 2i. The filing of a Pre-Motion letter to the Court is required prior to
Source page 2j Motions relating to discovery which shall be brought on in compliance with 3.B below; k Any motion described in Rule 6(b)(2), Fed. R. Civ. P., Rule 4(a)(4)(A), Fed. R. App., or section 1447 of title 28.
Source page 3ii. The letter shall set forth in detail the legal and factual basis for the anticipated motion and a proposed schedule for the motion.
Source page 3iii. A response to the letter shall be filed within four business days.
Source page 3iv. If a Pre-Motion Letter seeks to file a motion to dismiss, the party responding shall unambiguously state in the first paragraph whether he, she or it seeks leave to amend. The Pre-Motion Letter and response will be taken into account in deciding whether further leave to amend will be granted in the event the motion to dismiss is granted. Among other purposes, the Pre- Motion Letter and response enables the Court to set an appropriate briefing schedule and to explore whether the motion may be (a) obviated by an amendment to the pleadings or consent to the relief; or (b) deferred to a different juncture in the case.
Source page 3vi. The Pre-Motion Letter shall state in the first paragraph the date of any conference scheduled before the Court.
Source page 3B. Discovery Disputes. Discovery Disputes shall be brought on by letter motion and the parties shall comply with Local Civil Rule 37.2 unless otherwise ordered. A Discovery Dispute Letter to the Court shall contain the certification required under Rule 37(a)(1), Fed. R. Civ. P., and set forth the full text of any a discovery request and response or objection thereto, together with any case law support and any affidavits required to adjudicate the issue. The party from whom discovery is sought shall respond within four business days and shall include any case law support and any affidavits required to adjudicate the motion.
Source page 3C. Motion Response Time. Unless otherwise ordered, the time for a response or reply to a motion is as set forth in Local Civil Rule 6.1. (The response time to a Pre-Motion Letter or Discovery Dispute are as set forth in 3.A.iii and 3.B.)
Source page 4D. 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 10 pages. A memorandum of 10 pages or more shall contain a table of contents.
Source page 4E. Courtesy Copies. Courtesy copies of all motion papers shall be submitted in hard copy to Chambers within four days of filing.
Source page 4i. A summary judgment movant shall provide the opposing party with a copy of its Local Rule 56.1(a)(1) Statement in Microsoft Word format within four days of filing.
Source page 4H. Default Judgment. A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Rule 55(b)(2), Fed. R. Civ. P. and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause. The motion must be supported by the following
Source page 4The Court for a motion for default judgment shall be served on the party against whom default judgment is sought. The time for a response and reply are as set forth in Local Civil Rule 6.1.
Source page 5Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents or portions of documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing the applicability of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006) and any other controlling authority. Unless otherwise ordered, a party seeking to file an opposing party’s confidential information shall so advise the opposing party fourteen (14) days in advance specifying the precise portion of the information the party seeks to use, the general purpose thereof and any redactions to which the party does not object. Within seven (7) days thereafter, the party whose confidential information is sought to be used may make an application to seal in accordance with the first paragraph of this Order, indicating the portion or portions of the information it seeks to have sealed. Nothing herein is intended to alter or modify the applicability of Rule 5.2, Fed. R. Civ. P., to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court.
Source page 5A. Sealing/Redactions Not Requiring Court Approval. Rule 5.2, Fed. R. Civ. P., describes sensitive information that must be redacted from public court filings
Source page 5B. 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, 19-mc-00583, and ECF Rules & Instructions, section 6.
Source page 6i 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 6ii. 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 6iii. 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 6iv. 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 66. Final Pretrial Submissions. Unless otherwise ordered by the Court, no later than 45 days following the scheduled date for completion of fact and expert discovery, the
Source page 6A. A proposed Joint Pre-Trial Order that includes the information required by
Source page 6i. The names, addresses, mobile phone numbers and email addresses of all counsel participating in the trial.
Source page 6ii. Stipulations of fact and testimony, including a certification by lead trial counsel for all parties that they have met face-to-face for the purpose of
Source page 6B. Unless otherwise ordered, any motions in limine shall be filed within 21 days following the scheduled date for completion of fact and expert discovery and responded to within 14 days of service.
Source page 7Unless otherwise ordered, plaintiff shall file (i), (ii), and (iii) 21 days following the scheduled date for completion of fact and expert discovery and defendant’s response (including areas of agreement) and counterproposals on (i), (ii) and (iii) shall be filed 14 days thereafter. These submissions must be filed on ECF with a copy in Microsoft Word submitted to Chambers electronically within four days.
Source page 7i. The direct testimony of each witness under the control of a party (i.e. excluding adverse witnesses and witnesses whose appearance must be compelled by subpoena) shall be presented in the form of an affidavit or declaration setting forth the narrative of their testimony in numbered paragraphs.
Source page 8ii. The direct testimony of the plaintiff’s witnesses shall be filed 21 days following the scheduled date for completion of fact and expert discovery and the direct of the defendant’s direct testimony shall be filed 14 days thereafter. The direct testimony of each witness shall be delivered to Chambers within four days of filing in both hard copy and Microsoft Word.
Source page 8iii. At trial, each witness whose direct testimony previously has been submitted in affidavit or declaration form shall appear and under oath shall reaffirm that the affidavit or declaration is true and correct. The party offering the witness then shall offer the affidavit or declaration as an exhibit, subject to appropriate objections by the opposing party. For good cause shown, the witness then may be allowed to supplement his or her statement by additional direct testimony. Thereafter, cross- examination and any redirect shall proceed in the ordinary course.
Source page 8A. Exhibits. Unless otherwise ordered, all trial or hearing exhibits shall be pre-marked with exhibit letters for the plaintiff (e.g. PX A, PX B, etc.) and numbers for the defendant (e.g. DX 1, DX 2, etc.) A party shall have two hard copies of all trial exhibits in the Courtroom to be handed up if and when requested by the Court. Unless otherwise ordered, at the commencement of trial, an electronic set of trial exhibits shall be presented to the Court and to opposing counsel. At the close of evidence in a jury trial, a set of all admitted exhibits in electronic form, together with an index, shall be prepared by the parties for the jury’s use during deliberation. Counsel for each side is responsible for maintaining custody of the side’s own exhibits at the conclusion of trial.
Source page 8See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Every sentencing submission, including letters, should be filed in the public record either in paper form or through the ECF system, using the procedures described below. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends, relatives, etc. The government is responsible for filing all letters from victims.
Source page 1In this regard, the parties are referred to E-Government Act of 2002 and the Southern District's ECF Privacy Policy ("Privacy Policy") and reminded not to include (unless necessary) the five categories of "sensitive information" in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]). Parties may redact the five categories of "sensitive information" and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government) as described in the Privacy Policy, without application to the Court.
Source page 1If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. A copy of the redacted material should be sent to Chambers and also an additional copy should be handed up at the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials.
Source page 1I. A defendant's sentencing submission shall be served two weeks in advance of the date set for sentence. The government's sentencing submission shall be served one week in advance of the date set for sentence. The parties should provide the Court with one courtesy copy of each submission when it is served. At the time it is served, a party shall file its sentencing submission following one of the two procedures described here. (If the criminal case is a non-ECF case, then only paper filing is allowed.)
Source page 1a. Paper Filing If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM bearing the caption and docket number and submit it to the Clerk's Office.
Source page 1b. ECF Filing If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM bearing the caption and docket number.
Source page 12. If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
Source page 2U.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 2026-10-27U.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 2026-10-27U.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 2026-10-27Identity source checked July 25, 2026.
Biography sources checked August 2, 2026.
Identity source · HTML · Federal Judicial Center Biographical Directory · effective September 22, 2003 · Source checked July 25, 2026
View Federal Judicial Center biography ↗Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗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 ↗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 ↗