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

Hon. Naomi Reice Buchwald

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 Buchwald — standing order

1. Communications With Chambers A. Letters. Letters may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” Letters to be filed under seal or containing sensitive or confidential information should be emailed to BuchwaldNYSDChambers@nysd.uscourts.gov or delivered to the Court by fax, hand or mail. Copies of correspondence between counsel shall not be sent to 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 Buchwald — standing order

E. Electronic 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 Buchwald — standing order

Silent on discovery_dispute_procedure. Follow Local Civil Rule 37.2.

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

e between counsel shall not be sent to the Court. B. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must state (1) the original date, (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 the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached. If the request is for an adjournment of a court appearance, absent an emergency it shall be made at least 48 hours prior to the scheduled appearance. Source ↗

Courtesy copies details

6. Courtesy Copies. Two courtesy copies of all motion papers, marked as such, shall be submitted to Chambers promptly after filing via Source ↗

Initial conference timing

Silent on initial_conference_timing. Source ↗

Motion word limit brief

memoranda of law and opposition memoranda of law. This letter requirement is separate from the pre-motion letter referenced in 2(B). Source ↗

Motion word page limits

Motion papers shall be accompanied by a letter no longer than three pages outlining the substantive argument advanced in the motion papers. Such letters shall accompany opening memoranda of law and opposition memoranda of law. This letter requirement is separate from the pre-motion letter referenced in 2(B). Source ↗

Oral argument procedure

5. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed or may include such a request in bold typeface next to the case caption. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. Source ↗

Pre motion procedure

ourt the business day after they have been filed. B. Pre-Motion Conferences in Civil Cases. A pre-motion conference is required before making any motion, except for motions to be brought on by an order to show cause, motions by incarcerated pro se litigants, motions for reargument, motions to remand, applications to be relieved as counsel, motions for relief from judgment, motions to vacate or confirm an arbitral award, or any other motion required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain (see list below). The filing of a request for a pre-motion conference to dismiss prior to answer stays the time for the filing of an answer until after the conference is held or until further order of the Court. To request a pre-motion conference, the moving party shall submit a letter not to exceed three pages in length setting forth the basis for the anticipated motion. The other party should submit a response within three business days, not to exceed three pages in length. Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule -- including but not limited to Fed. Source ↗

Know Before You Go
👤 Judge Buchwald — deviations that burn people
  • B. Pre-Motion Conferences in Civil Cases. A pre-motion conference is required before making any motion, except for motions to be brought on by an order to show cause, motions by incarcerated pro se litigants, motions for reargument, motions to remand, applications to be relieved as counsel, motions for relief from judgment, motions to vacate or confirm an arbitral award, or any other motion required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain (see list below). The filing of a request for a pre-motion conference to dismiss prior to answer stays the time for the filing of an answer until after the conference is held or until further order of the Court. To request a pre-motion conference, the moving party shall submit a letter not to exceed three pages in length setting forth the basis for the anticipated motion. The other party should submit a response within three business days, not to exceed three pages in length. Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule -- including but not limited to Fed.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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