Brief Format: Formal Motion vs. Letter-Brief Track

Federal districts use one of two formats for motion practice: the formal motion track (notice of motion, memorandum of points and authorities, opposition, reply) or the letter brief track (a short letter to the court that substitutes for some or all of the formal documents). The formal motion track is the dominant model across federal court. Only one district in our 10-district sample — S.D.N.Y. — has an official letter brief track for a meaningful subset of motions; in other districts, letter briefs may be permitted by individual judges via standing orders, or may be expressly restricted by local rule.

Where to find the rule

The general motion rule (Rule 7 or 7.1) sets out the formal motion track in every district. Where a district has a letter brief track, it is set out in the same rule (typically as a subsection on letter-motions) or in a separate provision on premotion conferences and discovery disputes. Individual judges' standing orders may permit (or restrict) letter format for matters not covered by the local rule.

Formal motion track

The standard procedure across federal courts.

The procedure (movant):

1. File a notice of motion (or, in some districts, incorporate the motion into the memorandum).
2. File a memorandum of points and authorities.
3. File supporting affidavits, declarations, and exhibits.
4. File a proposed order.

The procedure (opponent):

1. File an opposition brief.
2. File counter-affidavits and exhibits, if any.

The procedure (movant, optional):

1. File a reply brief.

Length limits, briefing deadlines, and required certifications are governed by the local rule (see the length-limit atlas entry and the meet-and-confer atlas entry).

Districts using the formal motion track exclusively (in this sample): C.D. Cal., S.D. Fla., S.D. Tex., N.D. Ill., E.D. Pa., D.N.J., D. Ariz., N.D. Ga., D.S.C. (nine of ten districts).

Letter brief track

A letter to the court — typically two or three pages — that serves as the motion. The letter describes the relief sought, the legal basis, and any necessary supporting facts. For some matters in some districts, a letter brief is the only permitted format; for others, it is the gating document that the court reviews before authorizing formal briefing.

Districts using the letter brief track for a subset of matters (in this sample):

• S.D.N.Y., Rule 7.1(e) — letter-motions are permitted for extensions of time, adjournments, premotion conferences, and nondispositive matters. For matters within the rule, the letter brief is the motion.
• S.D.N.Y., Rule 37.2 — the premotion conference letter is required before any discovery motion is filed. The letter is the gating document for discovery dispute teeing; the court reviews it and decides whether to authorize formal motion practice.

What the letter brief track is — and isn't

In a district with a letter brief track, the letter is the operative document for the matters where it applies. It is not a courtesy precursor to a 'real' motion; for the matters the rule covers, the letter is the motion. Typical features:

• Length: 2–3 pages, addressed to the assigned judge.
• Content: the relief sought, the legal or factual basis, the position of opposing counsel (consent or objection), and the relevant procedural history.
• Filing: through CM/ECF as a 'letter' or 'letter-motion' docket entry, not as a 'motion.'
• Response: opposing counsel may file a response letter on a similar timeline (often shorter than formal motion briefing).
• Decision: the judge typically rules quickly — sometimes by endorsement on the letter itself, sometimes by short order. For premotion conference letters, the decision is whether to hold the conference, resolve the dispute on the papers, or authorize formal motion practice.

Quick-reference table

Operational note: judge-specific letter format

Even in districts with no district-wide letter brief track, individual judges sometimes permit letter format for specific matters by standing order — typically extensions of time, scheduling adjustments, or routine non-substantive motions. Check the assigned judge's standing order before assuming the formal motion track is required for every matter. A judge who has authorized letter format and does not receive one when the matter qualifies sometimes reads the formal motion as procedural overkill.

The reverse is also true. In a district like N.D. Ga. — where LR 7.4 expressly restricts letter communications to judges — sending a letter for a matter that should be a formal motion is a procedural error and can produce a sharp response from chambers. Read the local rule before sending any letter to the court.