--- title: "Sarah Netburn | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/sarah-netburn-new-york-us-magistrate" page_type: "judge_profile" updated: "2026-10-08" --- # Sarah Netburn U.S. District Court for the Southern District of New York · U.S. Magistrate Judge ## Profile - Court: U.S. District Court for the Southern District of New York - State: New York - Role: U.S. Magistrate Judge - Service status: active - Last verified: 2026-07-29 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - U.S. Magistrate Judge for the U.S. District Court for the Southern District of New York, appointed in 2012, and is currently serving at the Thurgood Marshall United States Courthouse in New York City - Netburn has been a magistrate judge since 2012, serving on a renewable eight‐year term appointed by the district’s judges - Chief Counsel, U.S. District Court - Southern District of New York - Office of Pro Se Litigation, 2010-07–2012-08 - Law Clerk, U.S. Court of Appeals for the Ninth Circuit (to Harry Pregerson) - Experienced federal magistrate judge in New York, with a long-standing role in the Southern District of New York’s judicial system ### Education - Bachelor’s degree from Brown University and a law degree from the University of California ### Additional information - Magistrate, District Court, S.D. New York, 2012-present - In April 2024, President Joe Biden nominated Netburn to a seat on the U.S. District Court for the Southern District of New York - Netburn drew significant attention in July 2024 when, as a magistrate judge, she recommended transferring Justine Shelby, a transgender woman convicted of sex crimes, from a men’s prison to a federal women’s prison - She has been the subject of both political debate and public scrutiny due to a high‐profile case involving transgender incarceration, but her official position remains that of a U.S. Magistrate Judge appointed in 2012 - Practitioner, Emery Celli Brinckerhoff & Abady, 2002–2010-07 - J.D. — Univ. of California, Los Angeles — 2001 - B.A. — Brown Univ. — 1994 - The Bureau of Prisons opposed the move, and the final decision rested with a district court judge, not Netburn Republican senators criticized the recommendation as politically motivated, while Democratic leaders, including Judiciary Committee Chair Dick Durbin, clarified that Netburn’s role was limited to making a recommendation ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### civil remote testimony Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) Source checked: 2026-07-26 ### criminal recording and broadcasting Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) Source checked: 2026-07-26 ## Sources - [Official profile](https://www.uscourts.gov/sites/default/files/document/cjra_na_0331.2026.pdf#page=15) - [Official roster](https://www.uscourts.gov/sites/default/files/document/cjra_na_0331.2026.pdf#page=15) - [U.S. Courts judicial profile or roster](https://www.uscourts.gov/sites/default/files/document/cjra_na_0331.2026.pdf#page=15) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/9448/sarah-netburn/) - [Federal Rule of Civil Procedure 43(a), Testimony in Open Court](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) - [Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/9448/sarah-netburn/) - [BR/MAG Judge Database: Sarah Netburn](https://legaldatalab.law.virginia.edu/brmag-judges/brmag-judges.json) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/9448/sarah-netburn/) - [BR/MAG Judge Database: Sarah Netburn](https://legaldatalab.law.virginia.edu/brmag-judges/brmag-judges.json) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/sarah-netburn-new-york-us-magistrate", "url": "https://knowjudges.com/kyj/judge/sarah-netburn-new-york-us-magistrate", "name": "Sarah Netburn | KnowJudges", "description": "Sarah Netburn, U.S. District Court for the Southern District of New York. 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It is a federal crime to communicate with the Court with the intent to influence, intimidate, or impede a judge in the discharge of her official duties. Any communications interpreted as such will be immediately reported to the U.S. Marshals Service for further investigation. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 1 · Collected 2026-10-27 #### Trial exhibits and witnesses Unless otherwise ordered, these Individual Practices apply in all civil matters. Magistrate judges preside over civil cases in two ways: (1) for one or more specific purposes, pursuant to an order of reference by the assigned district judge, or (2) for all purposes, on the consent of all parties, pursuant to 28 U.S.C. § 636(c). Once counsel has consented for all purposes, and the consent form is signed by the district judge, the magistrate judge may conduct all proceedings in a civil action and order the entry of a final judgment. The right to trial by jury is preserved, and appeals are sent directly to the U.S. Court of Appeals. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 1 · Collected 2026-10-27 #### Trial exhibits and witnesses In the Southern District of New York, it is the uniform practice of magistrate judges to schedule civil trials for firm dates, rather than requiring counsel to be available on short notice. Magistrate judges often will also have greater availability to schedule trials at the parties’ convenience. Should the parties wish to have Judge Netburn hear their case for all purposes, the Consent to Proceed Before U.S. Magistrate Judge form is available on the Court’s website. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers A. Letters. Except as otherwise provided below, communications with the Court should be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically on the Electronic Case Filing (ECF) system. Do not also email a copy to chambers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers Ex parte settlement letters, proposed case management plans, or letters otherwise containing sensitive or confidential information should be emailed to Chambers as a .pdf See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers shall not include substantive communications in the body of the e-mail; such communications shall be included only in the attached letter. Confidential information should be clearly indicated as such. Letters may not exceed 5 pages in length (exclusive of exhibits). Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments B. Letter Motions. Letter motions must be filed via ECF and must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Letter motions may include requests for: adjournments, extensions, pre-motion conferences (including pre-motion conferences with respect to discovery disputes), settlement conferences, and remote attendance at a settlement conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments In particular, requests for adjournment must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (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 a conference must be rescheduled, counsel may propose alternative dates, and the Court will try to accommodate that request. Absent good cause, any request for extension or adjournment shall be made at least 48 hours before the deadline or scheduled appearance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies C. Service in Pro Se Cases. Pro se litigants may choose to receive documents in their cases electronically (by email) instead of by regular mail by completing the Consent to Electronic Service form and filing it with the Court. In such cases, service is completed upon the pro se litigant by filing a document on ECF. If the pro se litigant has not filed a Consent to Electronic Service, that party must be served with a paper copy, and proof of such service must be filed with the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers D. Docketing, Scheduling, and Calendar Matters. For docketing, scheduling, and calendar matters, email the Courtroom Deputy at Diljah_Shaw@nysd.uscourts.gov. Telephone calls to Chambers are permitted only for urgent matters requiring immediate attention. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies E. Audio/Visual Materials. Audio/visual material cannot be filed on ECF. If a party wishes to submit audio or visual evidence for the Court’s consideration, the evidence should be submitted on a USB with no security measures (i.e., password protections). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances F. ECF. In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website, at https://nysd.uscourts.gov/electronic-case-filing. Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. For questions about ECF rules and procedures, please contact the ECF help desk at (212) 805-0800. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances A. Initial Case Management Conference. Parties must confer and then email a joint Proposed Civil Case Management Plan and Scheduling Order to the Court one week before the conference as a .pdf attachment consistent with Paragraph I(a) above. This document is available at https://nysd.uscourts.gov/hon-sarah-netburn. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 3 · Collected 2026-10-27 #### Communications with chambers C. Discovery Disputes. Parties shall follow Local 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 submit an ECF letter motion to the Court, no longer than five pages, explaining the nature of the dispute and requesting an informal conference. Such letter must include evidence or a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone. Any responsive letter should be submitted within three business days. Confidential information should be clearly indicated as such in letters. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 3 · Collected 2026-10-27 #### Motion practice A. Memoranda of Law. The typeface, margins and spacing of motion papers must conform to Local Civil Rule 7.1. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply briefs are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. Sur-reply memoranda will not be accepted without prior permission of the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 4 · Collected 2026-10-27 #### Communications with chambers All moving papers, letter motions, and letters filed on ECF or emailed to chambers must be in searchable PDF form. Typically, this means that a document created using word-processing software must be converted to PDF from the original word- processing file. PDF images may not be created by scanning paper documents. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 4 · Collected 2026-10-27 #### Communications with chambers B. Courtesy Copies. One courtesy copy of all motion papers, marked as such, shall be submitted to Chambers by the movant after the motion has been fully briefed. Courtesy copies should not be submitted to Chambers on a rolling basis. All courtesy copies should be placed in well-organized three-ring binder(s). For all motions, oppositions, and replies containing multiple items of documentary evidence, the evidence must be divided into exhibits, separated by tab dividers, and preceded by an exhibit list. The moving party should submit the courtesy copies to Chambers no later than one week after the motion became fully briefed. Courtesy copies can be mailed to Chambers or delivered to the mailroom at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 4 · Collected 2026-10-27 #### Communications with chambers D. Proposed Stipulations and Orders. Except as otherwise provided in these Rules and Practices, parties should electronically file proposed stipulations and orders that they wish the Court to sign in accordance with the ECF Rules and Instructions. Courtesy copies should not be sent to Chambers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 4 · Collected 2026-10-27 #### Motion practice E. Redactions and Electronic Filing Under Seal. Any party wishing to file a redacted pleading, motion, memorandum, exhibit, or other document, or any portion thereof, must make a specific request to the Court by letter explaining the reasons for seeking to file that submission under seal and addressing the request in light of the governing law. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies To avoid the unnecessary filing of documents under seal, counsel for the parties will discuss the need to file Confidential Materials under seal. If the parties agree in writing that a particular document that has been designated Confidential Material shall See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies not be filed under seal, that document can be filed without redaction and such filing will not be a breach of any Stipulation of Confidentiality. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice The motion must be filed in public view, must explain the 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 5 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 5 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%202025.8.13%20INDIVIDUAL%20PRACTICES%20IN%20CIVIL%20CASES.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances The Court believes the parties should fully explore settlement at the earliest opportunity. Early consideration of settlement allows the parties to avoid the substantial cost, expenditure of time, and uncertainty that are inherent in most litigation. Even in a case that cannot be resolved, early consideration of settlement often provides the parties with a clearer understanding of the factual and legal merits of their dispute and may make the litigation more efficient. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 1 · Collected 2026-10-27 #### Conferences and appearances Consideration of settlement is a serious matter that requires thorough preparation before the settlement conference. Set forth below are the procedures the Court will require the parties and counsel to follow, and the manner in which the Court will typically conduct the conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers 1. Confidential Nature of Conference. All settlement conferences are “off the record.” All communications relating to settlement are strictly confidential and may not be used for any purpose. They are not to be used in discovery and will not be admissible at trial. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers 3. Ex Parte Settlement Letter. No later than one week before the conference, counsel for each party must send the Court a letter, marked “Confidential Material for Use Only at Settlement Conference,” which should not be served on the other parties. The letter should be e-mailed to the Court in accordance with the Individual Practices of Judge Netburn. This ex parte letter must not exceed five (5) pages, unless permission to do so has been sought and granted by the Court. The letter should include (a) the history of settlement negotiations, including any prior offers or demands, which are strongly encouraged before the conference; (b) your evaluation of the settlement value of the case and the rationale for it; and (c) any other facts that would be helpful to the mediator in preparation for the conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers 4. Attendance Acknowledgment Form. Counsel shall complete the Attendance Acknowledgment Form that appears following this Standing Order. This form must be submitted together with the ex parte settlement letter and may be sent to the Court by e-mail in accordance with the Individual Practices of Judge Netburn. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 1 · Collected 2026-10-27 #### Conferences and appearances 5. Attendance of Parties Required. The parties—not just the attorneys—must attend in person. A party’s attendance is essential to the settlement process. It is vital that parties See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers hear the other side’s presentation and have the opportunity to speak with the mediator outside the presence of any adversary. If a party is in prison, or the party resides more than 100 miles from the Courthouse and it would be a great hardship to attend in person, counsel may write to the Court seeking permission to participate by telephone. This issue should be raised with the Court in writing as soon as possible after the Settlement Conference Order is issued. If needed, each party must supply its own simultaneous interpreter (who need not have any special certification). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Corporate parties or labor unions must send the person with decision-making authority who gives directions to counsel of record (not someone who has received settlement authority from someone else). Where liability insurance is involved, a decision maker from each carrier must attend in addition to the insured. This includes each excess carrier unless specifically excused by the Court at least one week before the conference. Because it is important that the decision makers with respect to settlement hear their adversaries’ presentations and be available to answer questions from the Court, the person who attends must be the person with responsibility for determining the amount of any ultimate settlement and whose settlement authority has not been limited by another person. That is, corporate parties, labor unions, and insurance companies (or any other party that is not a natural person) must send to the conference a person with the actual authority to resolve the case, not someone who has received authority from someone else. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers Where any government agency is a party, counsel of record must be accompanied by a knowledgeable representative from the agency (or, if the agency official with knowledge is more than 100 miles from the Courthouse, the official must be available to participate by telephone). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers In addition, in cases where the Comptroller of the City of New York exercises settlement authority, the Assistant Corporation Counsel must make arrangements in advance of the conference for a representative of the Comptroller either to attend the conference or to be available by telephone to approve any proposed settlement. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances 6. Consequences of Non-Compliance with Attendance Requirements. If a party fails to come to the settlement conference with all the required persons (attorney, plus a decision maker from the relevant party, plus a decision maker from each insurance carrier), that party may be required to reimburse all the other parties for their time and travel expenses, and may face other sanctions. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances 7. Conference Procedures. Unless advised otherwise by the Court, the conference will take place in Courtroom 219 at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. At the outset of the mediation, each attorney should be prepared to make a brief presentation in the presence of opposing counsel and the parties, summarizing not merely a party’s positions, but the party’s interests in resolving the litigation. Written remarks read aloud are usually ineffective. The purpose of the presentation is to persuade the opposing party, not the Court. Thus, it is usually unnecessary to recount in full the background of the dispute, and opening remarks that are the equivalent of a jury address are rarely productive in the context of See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances settlement negotiations. Additionally, although the merits of the case are obviously relevant to the value of a potential settlement, settlement conferences are not the place to make legal arguments. Discussion, if any, of legal issues should be offered solely in the context of settlement, not litigation. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 3 · Collected 2026-10-27 #### Discovery Following the presentations, the Court will allow counsel to respond to points made by opposing counsel and, if appropriate, to pose constructive questions. Clients may speak too if that is desired. The Court encourages all parties to keep an open mind in order to re-assess their previous positions and to discover creative means for resolving the dispute. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances After the parties have made their brief presentations the Court will ordinarily meet separately with each party. In these private meetings, the parties and their counsel should be prepared to discuss their position on settlement, the reasons for their position, the amount of attorneys’ fees and litigation expenses incurred to date, and an estimate of the remaining cost of litigating the case to judgment, including any appeal. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments 8. Adjournments of Settlement Conferences. Requests for adjournment shall conform to the Individual Practices of Judge Netburn, with the following modification: requests submitted more than 14 days before the scheduled conference date will ordinarily be granted without a showing of good cause; requests submitted within 14 days of the date of the scheduled conference must set forth the reasons for seeking the change in date. Ordinarily good cause will be found where (a) an adjournment would permit necessary discovery or exchange of information that would make the conference more fruitful, or (b) a client who would otherwise be permitted to participate by telephone would be available to attend the conference were it held on another date. The conference date is not changed until ordered by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances 9. No Effect on Other Deadlines. Unless otherwise ordered, the scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://nysd.uscourts.gov/sites/default/files/practice_documents/SN%20Netburn%20ProceduresForCasesReferredForSettlement_v2.pdf) · Source page 3 · Collected 2026-10-27 ### Shared court rules - [SDNY and EDNY — Joint Local Civil and Criminal Rules](https://knowjudges.com/courtroom-rules/ny-shared-set-201c11a4597834a9a953) — Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules. [Official source](https://www.nysd.uscourts.gov/sites/default/files/local_rules/2026-01-02%20-%20EDNY%20and%20SDNY%20Joint%20Local%20Rules%20As%20Amended.pdf). Collected 2026-10-27. - [Federal Rules of Civil Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-651872d6e45e0d82319ecccc) — 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf). Collected 2026-10-27. - [Federal Rules of Criminal Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-8721a344fececced2257fe1d) — 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf). Collected 2026-10-27.