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S.D.N.Y. · Judge Berman · Practice Guide

Hon. Richard M. Berman

All local rules for S.D.N.Y., integrated with this judge's published requirements.

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Before You File
Ex parte applications
🏛 S.D.N.Y. local rule

(d) No ex parte order, or order to show cause to bring on a motion, will be granted, except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made. Local Civil Rule 6.1(d) ↗

Contacting chambers
👤 Judge Berman — standing order

M. BERMAN NOVEMBER 2020 United States District Judge INDIVIDUAL PRACTICES OF HON. RICHARD M. BERMAN Matters before Judge Berman shall be conducted in accordance with the following practices unless otherwise ordered by the Court.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 S.D.N.Y. local rule
Motion

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Opposition

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Reply

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 S.D.N.Y. local rule
Notice period

Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided otherwise by statute or rule, or by the court in a judge’s individual practices or in a direction in a particular case, motion papers must be served and filed as follows: (a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6. (b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. Local Civil Rule 6.1 (introductory clause) and 6.1(a)-(b) ↗

Hearing days

Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗

Proposed orders
🏛 S.D.N.Y. local rule

Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗

Filing under seal
👤 Judge Berman — standing order

A. Filing Under Seal in Civil and Miscellaneous Cases 1. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

The Hearing
Oral argument
🏛 S.D.N.Y. local rule

Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗

Discovery
Discovery dispute procedure
👤 Judge Berman — standing order

Silent on discovery_dispute_procedure. The Individual Practices do not specify a separate discovery dispute procedure beyond the pre-motion conference requirement in Section 2.A, which applies to all motions including discovery motions.

More from Judge Berman’s procedures
👤 Judge Berman — standing order
Adjournment extension procedure

Requests for adjournments or extensions of time shall be by letter and shall be made at least 48 hours prior to the scheduled date. Requests shall state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether 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 the requested adjournment or extension affects any other scheduled dates, a proposed scheduling order (reflecting only business days) must be attached. Source ↗

Courtesy copies details

B. Courtesy Copies of Documents in Excess of 25 Pages. 1. Pleadings. Courtesy copies of pleadings (including Fed. R. Civ. P. 7.1 Statements), marked as such, shall be submitted to Chambers as soon as possible after filing. 2. Motion Papers. Courtesy copies of all motion papers and any accompanying affidavits or exhibits, marked as such, shall be submitted to Chambers at the time the papers are served. Courtesy copies of any accompanying affidavits or exhibits shall be bound, labeled, tabbed, and indexed. Source ↗

Initial conference timing

Silent on initial_conference_timing. Source ↗

Motion word limit brief

C. Memoranda of Law. Memoranda of law in support of and in opposition to motions may be up to 25 pages (double-spaced), and reply memoranda may be up to 10 pages (double-spaced). All memoranda of 10 pages or more shall contain a table of contents and a table of authorities. Use double spacing, one-inch margins, and 12-point font for text and footnotes (footnotes may be single-spaced). Source ↗

Motion word page limits

Memoranda of law in support of and in opposition to motions may be up to 25 pages (double-spaced), and reply memoranda may be up to 10 pages (double-spaced). All memoranda of 10 pages or more shall contain a table of contents and a table of authorities. Use double spacing, one-inch margins, and 12-point font for text and footnotes (footnotes may be single-spaced). §2.C.1: All motions shall be filed jointly if there is more than one movant on a side (i.e., plaintiffs or defendants) unless the Court provides otherwise. §2.C.2: All parties opposing a motion shall file a joint opposition. Any cross-motion shall be included in the opposition brief. §2.C.3: One joint reply may be filed in support of a motion. Replies shall include any opposition to a cross-motion. Source ↗

Oral argument procedure

F. Oral Argument on Motions. Most motions are resolved "on submission." Parties may request oral argument at a pre-motion conference. Source ↗

Pre motion procedure

A pre-motion conference with the Court is required before making any motion, except: (1) motions that are required by Federal Rule of Appellate Procedure 4(a)(4)(A) to be made by a date certain; and (2) pro hac vice motions. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three pages (double-spaced) in length setting forth the bases for the anticipated motion. The opposing party may respond with a letter not to exceed three pages (double spaced) within three business days of receiving the pre-motion letter. Any application presented by order to show cause must include a written explanation (with case and statutory authority) why ordinary motion practice is not available and why the matter is appropriately treated as an order to show cause. Source ↗

Know Before You Go
👤 Judge Berman — deviations that burn people
  • A. Pre-Motion Conferences in Civil Cases. A pre-motion conference with the Court is required before making any motion, except: (1) motions that are required by Federal Rule of Appellate Procedure 4(a)(4)(A) to be made by a date certain; and (2) pro hac vice motions. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three pages (double-spaced) in length setting forth the bases for the anticipated 2 motion. The opposing party may respond with a letter not to exceed three pages (double spaced) within three business days of receiving the pre-motion letter. Any application presented by order to show cause must include a written explanation (with case and statutory authority) why ordinary motion practice is not available and why the matter is appropriately treated as an order to show cause.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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