Victor Marrero 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
A. Letters. Except as otherwise provided below, communications with Chambers shall be by letter, with copies simultaneously delivered to all parties. Parties are strongly encouraged to file their letters or letter-briefs on the District’s electronic document filing system (“ECF”) or by electronic mail to ChambersNYSDMarrero@nysd.uscourts.gov. If a party or counsel is unable to submit a document electronically—either by ECF or email—the document may be mailed to the Court. However, mail to the Court may be delayed. If fewer than five pages, letters may be sent by fax, but only as indicated below in Paragraph I.C. Letters must identify the name and docket number of the case, contain the writer’s business address and telephone number, be signed by the party or authorized counsel responsible for the matter, and show the method of delivery (e.g., “By Hand,” “By Email,” or “By Fax”). Unless the Court has otherwise requested, copies of correspondence between the parties shall not be sent to the Court.
Source page 1B. Telephone Calls. Generally, telephone calls to Chambers may not be answered and may go directly to voicemail. Because there may be delays in responding to voicemail messages, parties are encouraged to make requests to the Court via ECF or in an email to Chambers at ChambersNYSDMarrero@nysd.uscourts.gov. Except as provided in Paragraph I.D. below, telephone calls to Chambers regarding any pending matter will be accepted only in urgent situations requiring immediate attention. In such situations only, call Chambers at (212) 805-6374 with all parties on the line, unless there are compelling reasons why all parties cannot be joined.
Source page 1Or email Chambers with all parties copied so that the Court may establish a teleconference line. Parties should not call the Judge’s law clerks with substantive or procedural questions, or with questions regarding docketing on ECF. For questions about docketing on ECF, parties should call the ECF help desk at (212) 805-0800. If leaving a voicemail, a party should clearly state the nature of the issue including case name and docket number and provide a call-back number.
Source page 1C. Faxes. Communicating with Chambers by fax is strongly discouraged as there may be delays in responding. Faxes to Chambers are permitted only if the letter or document is no longer than five pages and if a copy is simultaneously delivered to all parties through counsel or to litigants proceeding pro se. The direct fax number to Chambers is (212) 805-6382. Any faxed letter or document exceeding five pages will not be accepted unless prior authorization has been granted.
Source page 1E. Courtesy Copies. One courtesy hard copy of all motion papers and pleadings marked as such, shall be submitted to Chambers at the time the papers are served or filed, in accordance with the Southern District of New York’s policies regarding mail deliveries. In any expedited proceeding, parties shall ensure that courtesy copies are delivered in a manner that enables their timely consideration by the Court (e.g., by hand delivery (with permission) or fax to Chambers).
Source page 2G. Extensions/Adjournments. A request for an extension of time within which to make a submission to the Court or for an adjournment of a conference or to excuse an appearance with the Court must be made in writing and received in Chambers not less than two business days before the scheduled time. Each request must include the number and disposition of any prior request(s) for an extension or adjournment and state whether opposing counsel consents to the extension or adjournment. If opposing counsel does not consent, the reason(s) must be provided. If the requested extension or adjournment affects any other scheduled dates set forth in a Court- approved Case Management Plan or Scheduling Order, a proposed Revised Case Management Plan or revised Scheduling Order must be attached for the Court’s review and approval. The party requesting an extension or adjournment shall be responsible for notifying all other parties of the Court’s disposition of the request.
Source page 2A. Pre-Motion Conferences in Civil Cases. 1. In the event that a substantive, procedural, or evidentiary dispute arises during pretrial proceedings that the parties, after good faith communication, are unable to resolve, they are encouraged, before resorting to motion practice, to bring the matter to the Court’s attention by letter not to exceed three pages seeking a ruling. A conference must be requested before filing any motion, except: motions brought by order to show cause based on a legitimate emergency; motions required by the Federal Rules of Appellate Procedure to be made within a specified time; motions made by a pro se litigant in custody; motions for default judgment, pro hac vice admission, reargument, remand, or attorney’s fees or sanctions; motions to affirm or vacate an arbitration award; and objections to a Magistrate Judge’s ruling. The attorney who will serve as principal trial counsel must appear at all conferences with the Court with regard to scheduling and motions.
Source page 22. A party wishing to make a motion not excepted above should send a letter to the Court concisely describing the basis for the proposed motion and requesting a pre-motion conference. Any party opposing the motion must submit a reply letter within two business days of receiving
Source page 2the pre-motion letter indicating whether the proposed motion will be opposed, and if so, the basis for the opposition. Pre-motion letters and responses shall not exceed three pages single-spaced, with one-inch margins all around. The pre-motion letter may provide a detailed description of the matter to be decided and request that it to be deemed and filed as a formal motion. Where the circumstances warrant and the pre-motion letter contains a sufficient factual and legal statement of the matter at issue, the Court, upon request or on its own motion, may treat such letter as constituting a motion for the relief request and direct that it be filed as such and that the parties respond and reply by letter-briefs of specified lengths.
Source page 3B. Motions to Dismiss. 1. With respect to motions to dismiss, including those contemplated in lieu of an answer, prior to filing such a motion and before the time to do so as of right has expired, the defendant shall communicate with the plaintiff by letter not exceeding three single-spaced pages, with a copy to the Court, either seeking a more definite statement, or setting forth the specific absence of particulars, insufficient notice, or other pleading deficiencies in the complaint and other reasons or controlling authorities that defendant contends would warrant dismissal and that, if properly rectified, could avoid the filing of the motion. The plaintiff shall respond by similar letter within seven calendar days, with a copy to the Court, indicating the extent, if any, to which plaintiff concurs with defendant’s objections and the amendments, if any, to be made to the complaint to address them, or else stating the reasons and controlling authority that support the pleadings as filed. Plaintiff may seek leave to amend the complaint to address identified deficiencies if the time to do so as of right has expired. Under these circumstances, the Court will liberally grant plaintiff leave to amend, and grant the defendant an extension of time to answer the complaint as appropriate. However, generally, the initiation of the pre-motion letter exchange temporarily tolls the time that the defendant has to file an answer to the complaint. (This practice may be especially effective as to certain types of motions frequently made that may be avoidable by pre- motion communication between the parties, with or without the Court’s involvement. For example, without limitation, these include: naming a wrong defendant; misnaming a defendant;
Source page 32. In the event that at the conclusion of this informal procedure the parties fail to resolve a dispute over the appropriateness of the filing of a motion to dismiss, the defendant shall so notify the Court in writing, indicating why a motion to dismiss remains warranted even after plaintiff has agreed to any amendments to cure specified deficiencies, and transmit copies of the correspondence exchanged by the parties in this regard. Promptly thereafter the Court will schedule a conference, by telephone or in person, to provide any appropriate preliminary guidance or rulings.
Source page 3C. Motions: Expedited Procedure. In the event that a discrete issue of law arises in a case that may be dispositive of a particular claim or defense, or of the entire action, upon agreement on motion by the parties, or as ordered by the Court, the issue presented may be resolved by the Court on the basis of submissions of letter-briefs not to exceed five pages for each party without necessity for any further documentation, unless the Court so requests or grants leave therefor. The Court will endeavor to decide such motion within fourteen days of the date of full submission or of any hearing the Court holds thereon.
Source page 4D. Memoranda of Law. 1. All formal motions and cross-motions must be accompanied by a memorandum of law. Memoranda of law in support of and in opposition to a motion shall be limited to 8,750 words and reply memoranda shall not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. Memoranda should be double-spaced and in 12-point font with 1-inch margins. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. The Court will entertain written requests for exceptions to these page limitations only in rare cases where the facts and issues are particularly complex. The Court will not consider new matters raised in replies for the first time. Sur-reply memoranda will not be accepted without prior permission of the Court and then only in the rare instances in which new controlling law is promulgated after the filing of the reply papers.
Source page 4E. Documentation. 1. Affidavits accompanying any motion should contain concise statements attested to by the affiant on the basis of personal involvement or knowledge of pertinent facts. Affidavits shall not be used as a vehicle for counsel to describe factual background or legal issues involved in the case, to alter the pleadings or introduce facts not set forth in the complaint, to assert matters not within their personal knowledge, or for supplemental argumentation of legal issues that would serve to evade the page limitation set forth in the Court’s Individual Practices.
Source page 42. In connection with documents exhibits such as contracts, public filings, and deposition testimony that parties submit as exhibits accompanying any motion, the whole document may be filed and entered into the public record of the action only if all of its contents are integral to and bear directly on the particular issue(s) to be decided on the motion. Otherwise, the parties may submit as an exhibit only those portions or pages of such document that have direct relevance to the matter at issue. When submitting only relevant portions of a document, the parties arguing the motion shall file, accompanying such motion papers, a stipulation attesting: (1) that they are familiar with the full contents of such document;m (2) that they possess and each will maintain a copy of such entire document in their respective case files until after a final court disposition of the action; and (3) that the excerpt filed with the otion papers is an authentic copy of the relevant 4
Source page 4The following example may be helpful in illustrating how this practice would operate: In an action relating to accounting malpractice, only three pages of a 150-page spreadsheet and five pages of a 100-page deposition contain information relevant to an issue litigated on a motion for summary judgment. The parties should submit only those relevant pages of the spreadsheet and deposition in connection with the motion exhibits filed, instead of submitting the entire spreadsheet and deposition transcript.
Source page 53. In connection with motions for summary judgment, Local Rule 56.1 Statements shall be “short and concise,” and shall not be used for argumentation of legal issues or recitation of case law, or extensive recitation of deposition testimony or repetition of conclusory pleadings.
Source page 5F. Service. Notices of motions, affidavits, and memoranda of law shall be served in accordance with the dates set by the Court during the pre-motion conference or by memo- endorsed orders. If a pre-motion conference is not required (Paragraph II.A., supra), counsel should follow Local Civil Rule 6.1, unless otherwise ordered by the Court. Any party seeking dismissal of a complaint or summary judgment in whole or in part against a pro se litigant must plainly advise that litigant of the nature of the motion, of the possible consequence of failing to respond, and that the Court will deem true the statements contained in a Local Rule 56.1 statement unless controverted. Failure to comply with this requirement may result in a sua sponte denial of the motion. In connection with motions for summary judgment, where the Court may deem it appropriate, the parties may be directed to serve their Local Rule 56.1 statements for the Court’s review prior to proceeding with service of the fully-prepared motion.
Source page 5G. Filing. All motion papers shall be filed in the Clerk’s Office or via ECF promptly after service.
Source page 5H. 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 either by hard copy or electronically through the court’s ECF system in conformity with standing order 19-mc-00583 and ECF Rules & Instructions, section 6. Hard copy letter motions for approval of sealed or redacted filings may be faxed to Chambers if no more than five pages in total and must be mailed or hand delivered to the Court if greater than five pages. The party requesting approval of a sealed or redacted filing must identify all parties and/or other case participants that the party believes should be granted access to the sealed or unredacted versions of the proposed filings.
Source page 5I. Oral Argument. Motions will be decided on the papers after all moving papers have been submitted, unless the Court determines that oral argument will be necessary. If oral argument is scheduled, the Court will advise the parties of the date and time for argument and whether it will be limited to specific issues. Counsel should expect that the Court will have reviewed motion papers prior to oral argument and will be familiar with the issues presented therein, and therefore counsel should not use oral argument to repeat factual recitations or legal arguments adequately addressed in the motion papers.
Source page 5In the event that a discovery dispute arises that the parties are unable to resolve among themselves, they shall confer and submit to the Court a joint letter setting forth the matters that remain unresolved following such conference. The letter shall describe concisely the issue(s) in dispute and the respective position of each party and cite applicable authority which the respective parties claim for support. The Court will rule upon the written submission, or refer the dispute to the designated Magistrate Judge for resolution, particularly where the circumstances indicate that the parties’ discovery disputes are continuous or chronic.
Source page 6A. Pretrial Conferences. 1. The Court will endeavor to schedule an initial case management conference within 45 days of the filing of the answer(s). Upon receipt of the Notice of Initial Conference, the parties shall confer if they have not yet done so in accordance with Federal Rule of Civil Procedure 26(f) and exchange the initial disclosures prescribed by Rule
Source page 6The status letter must be received by the Court at least five business days before the initial case management conference.
Source page 62. The completed proposed Case Management Plan shall be brought to the initial case management conference for approval and endorsement by the Court. The Case Management Plan shall indicate whether the parties have reached agreement on discovery concerning: (1) the number, duration, and matters to be examined, and the individuals to be deposed; and (2) limitations on the length or scope of requests for admissions and interrogatories. If the discovery plan contemplates that any party conduct more than five depositions, or any particular deposition requiring more than three hours to complete, or any request for admissions or interrogatories exceeding seven single-spaced pages, that circumstance shall be stated in the Case Management Plan, and leave of Court therefor sought at the initial conference.
Source page 63. Principal trial counsel -- or, upon written notice to the Court, another attorney so designated who is closely familiar with the litigation -- must appear at all conferences. Ordinarily, at the initial conference and any future conference the primary purpose of which is to review
Source page 6scheduling, appearance by more than one attorney for a party should not be necessary. Appearances by telephone will not be permitted without express prior permission of the Court.
Source page 74. At the initial conference, in the event such issues arise, the parties should be prepared to address adequately the basis for venue and subject matter jurisdiction, and whether or not all of the jurisdictional prerequisites have been satisfied in the case. Where appropriate, such discussions shall include citations to all statutes relied on and relevant facts regarding citizenship and jurisdictional amount. The parties should further be prepared and authorized to discuss the factual and legal bases for their claims, any contemplated motions, and prospects for settlement through assistance of the Court, mediation services or other dispute resolution methods. The parties should also address the option of proceeding to resolution of the dispute for all purposes or of dispositive motions by the designated Magistrate Judge pursuant to 28 U.S.C. § 636(c) or by Court-appointed mediation.
Source page 7B. Filings Prior to Trial. Unless otherwise ordered by the Court, not less than 30 days prior to a firm date scheduled for the trial, the parties shall submit to the Court the pretrial submissions described in Attachment 1 to these Individual Practices.
Source page 7A. Initial Pretrial Conference. The Assistant United States Attorney (“AUSA”) assigned to the case shall contact Chambers as soon as possible after the case is assigned to the Court for prompt scheduling of a conference at which the defendant will be present in order to set a discovery and motion schedule. The Court refers all arraignments, initial bail applications, and guilty pleas to the Magistrate Court in the first instance, unless there is good cause to proceed directly before the Court. The AUSA shall provide a courtesy copy of all charging documents to Chambers as soon as practicable, and should email the Court to arrange for an initial conference at which the Court will set a discovery and motion schedule regardless of any conference scheduled by the Magistrate Judge. The AUSA should then submit a letter confirming the date and time of the initial conference. Any conference scheduled by a Magistrate Judge will not be entered on the Chambers calendar until such a confirmation letter is received. The AUSA shall arrange for appropriate exclusion of time for Speedy Trial Act purposes to the date of the defendant’s initial appearance before Judge Marrero.
Source page 7B. Pleas. The plea agreement or Pimentel letter must be provided to Chambers at least two business days before the time set for the conference at which the disposition is to be addressed. Defense counsel are expected to have reviewed with the defendant -- with foreign language interpretation where appropriate, prior to the time set for the conference with the Court -- any plea or cooperation agreement, or any other arrangements relating to the defendant’s plea.
Source page 7C. Sentencing. 1. Any request for adjournment of a sentencing shall be made in writing as early as possible, but no later than two business days before the date at issue, and shall be submitted to Chambers by fax after counsel has discussed a new date and time with the law clerk assigned to the case (see I.C. and I.D., supra). Such requests should state whether opposing counsel consents.
Source page 7D. Filings Prior to Trial. Unless otherwise ordered by the Court, not less than 30 days prior to a firm date scheduled for the trial, the parties shall submit to the Court the pretrial submissions described in Attachment 1 to these Individual Practices.
Source page 8C. Court Reporters. The Court will order a court reporter for all criminal proceedings and all civil conferences with pro se litigants. In addition, the Court will order a reporter for hearings in a civil proceeding scheduled pursuant to Paragraph II.H. Parties seeking transcription of any other proceeding shall notify Chambers of such a request by letter.
Source page 8D. Orders to Show Cause or Motions for Injunctive Relief. Except in the most extraordinary circumstances, litigants filing an order to show cause or motion for injunctive relief must provide notice to opposing counsel before doing so. Following conferral with opposing counsel, the party filing the order or motion shall submit to the Court an agreed-upon proposed briefing schedule. Parties intending to file applications for temporary restraining orders or other emergency relief, in addition to filing their applications on ECF, must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached; and (3) provide the relevant parties’ availability for a hearing in the next few days. Parties should provide courtesy copies to the Court but should not hand-deliver documents without advance permission, as noted above.
Source page 8E. Part One / Miscellaneous Docket. Litigants must file all documents assigned a Miscellaneous Docket number with the Clerk’s Office in accordance with the current procedures of the Clerk of Court. Litigants should send a courtesy copy of all filings to Chambers (see I.E, supra) and deliver a copy to all parties through counsel or to litigants proceeding pro se.
Source page 9U.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 October 5, 1999 · 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 ↗