Southern District of New York Local Rules — The Practitioner's Guide

S8. Pro Hac Vice

Regular Bar Admission (Rule 1.3(a))

A hearing may be scheduled as part of the admission process.

Pro Hac Vice Admission (Rule 1.3(i))

Any member of a state bar or U.S. district court bar may appear by motion to argue or try a particular case.

PHV Application Process (Rules 1.3(j)-(k))

1. Request e-filing privileges through PACER
2. File motion for admission pro hac vice on ECF
3. Pay the required fee
4. Attach:

• Certificate of good standing (issued within 30 days)
• Affidavit disclosing any felony convictions, discipline history, and pending proceedings

Government Attorneys (Rule 1.3(l))

Restriction on Practice

Only attorneys admitted to the bar or admitted pro hac vice may:

• Enter appearances
• Sign stipulations
• Receive payments on judgments

S6. Discovery

Interrogatory Restrictions -- SDNY Only (Rule 33.3)

This rule applies only to SDNY, not EDNY.

At the commencement of discovery, interrogatories are restricted to:

• Witness names likely to have discoverable information
• Damage computation
• Custodians and locations of documents
• Insurance agreements
• Similar basic information

Other interrogatories may be served only if the party demonstrates they are more practical than a request for production or deposition, or if ordered by the court.

Contention interrogatories are permitted at least 30 days before the discovery cutoff.

Uniform Definitions in Discovery Requests (Rule 26.3)

Uniform definitions and rules of construction are deemed incorporated into all discovery requests:

• Defined terms: communication, document, identify, person, concerning, and others
• Rules of construction: all/any/each, and/or, number (singular includes plural and vice versa)
• No broader definitions may be used beyond the uniform set

Cooperation in Discovery (Rule 26.4)

Counsel are expected to cooperate in discovery. Discovery requests are to be read reasonably -- the requesting attorney does not have the information, and the responding attorney does or can get it from the client.

Form Discovery Requests (Rule 26.5)

Form discovery requests must be reviewed for compliance with FRCP 26(b)(1) scope before serving. Noncompliant requests must not be used.

Discovery Motion Papers (Rule 37.1)

Discovery motion papers must specify and quote VERBATIM each discovery request and response at issue, together with the grounds for relief on each.

Depositions

S1. Formatting & Word Limits

Document Format

Word Limits

SDNY uses word limits, not page limits. This is a significant difference from many other federal districts.

What Counts Toward the Word Limit

Certificate of compliance with the word count is required (Rule 7.1(c)).

Letter-Motions

Rule 7.1(e) permits letter-motions for extensions, adjournments, premotion conferences, and nondispositive matters. Other motions cannot be brought by letter unless authorized by the assigned judge's individual practices.

S5. Meet & Confer

Discovery Motions: Premotion Conference Required (Rule 37.2)

No discovery motion under FRCP 26-37 or 45 will be heard unless counsel has first:

1. Requested an informal conference with the court by letter-motion for a premotion discovery conference, AND
2. That request was either denied or the dispute was not resolved at the conference

This is a mandatory prerequisite. Filing a discovery motion without first requesting the premotion conference will result in the motion not being heard.

Motions in Limine (Rule 6.4)

A certification of conferral is required -- the moving party must certify that it conferred or attempted to confer with the opposing party in a good faith effort to resolve the issues without court intervention.

Non-Discovery, Non-Limine Motions

The local rules do not impose a general conferral requirement for other motion types. However, individual judges may require pre-motion conferences per their individual practices. Always check the assigned judge's individual rules and standing orders.

Operating Model — Submission Court with Letter-Brief Track

NY-SD is a submission court with a distinctive letter-brief overlay. Counsel files the motion; for matters covered by Rule 7.1(e) (extensions, adjournments, premotion conferences, nondispositive matters), the filing is by letter; for substantive dispositive motions, the filing is by formal motion practice with Rule 6.1 briefing schedules (14-day opposition; 7-day reply). The court rules on the papers; oral argument is granted in the court's discretion and is heavily judge-specific.

Discovery disputes in NY-SD require a premotion conference letter under Rule 37.2 before any formal discovery motion can be heard. NY-SD is the only district in our 10-court sample with a formal letter-brief track and a mandatory premotion conference letter for discovery.

S7. Summary Judgment

Movant's Requirements (Rule 56.1(a))

The moving party must file a separate, short, concise statement in numbered paragraphs of the material facts as to which there is no genuine issue.

Failure to submit the 56.1 statement is grounds for denial of the motion.

Does not apply to claims under the Administrative Procedure Act (APA) or Freedom of Information Act (FOIA).

Opposing Party's Response (Rule 56.1(b))

The opposing party must file:

1. A correspondingly numbered paragraph response admitting or denying each fact in the movant's statement
2. Optionally, a statement of additional material facts claimed to be in dispute

Deemed-Admitted Rule (Rule 56.1(c))

CRITICAL: Each numbered paragraph in the movant's statement is deemed admitted unless:

• Specifically denied, AND
• Controverted by a correspondingly numbered paragraph in the opposing statement

This is one of the most consequential provisions in SDNY practice. A general denial or failure to respond paragraph-by-paragraph results in the movant's facts being treated as undisputed.

Citation Requirements (Rule 56.1(d))

Each statement of material fact -- including denials -- must be followed by a citation to admissible evidence as required by FRCP 56(c). Both the movant's statement and the opposing party's response must comply.

Electronic Format Requirements (Rule 56.1(e))

Where all parties are represented by counsel:

• Movant must provide an electronic copy of the Statement of Material Facts in standard word-processing format
• Opposing party's counterstatement must include each entry of the moving party's statement with the opposing party's response directly beneath it

This interleaved format ensures the court can compare each assertion with its corresponding response.

Pro Se Notice (Rule 56.2)

When moving for summary judgment against a pro se litigant, the moving party must serve the required notice to the unrepresented party.

S2. Filing Requirements

ECF Filing

Pro Se Parties Without ECF

Pro se parties who do not have ECF access may submit documents electronically per the requirements on the court's website. Acceptable signature methods:

• Scanned signature
• Digital signature
• "/s/ [Name]"

(Rule 5.2)

Service

Overnight delivery service is deemed service by mail for purposes of FRCP 5 and 6 (Rule 5.3).

Night Depository (SDNY)

The Pearl Street Courthouse (SDNY) has a night depository. Papers deposited receive a date stamp. ECF filings may NOT use the night depository (Rule 1.2).

S4. Briefing Schedule

SDNY operates a two-track briefing system based on motion type.

Track 1: Discovery Motions (Rule 6.1(a))

Applies to motions under FRCP 26-37 and 45(d)(3).

Track 2: All Other Civil Motions (Rule 6.1(b))

Filing and Service (Rule 6.1(c))

Filing and service is via ECF unless the party is otherwise exempt from electronic filing.

Computing Deadlines

Compute all days per FRCP 6. Individual judges may modify these default schedules per their individual practices.