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

Hon. Sarah L. Cave

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) ↗

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 Cave — standing order

the date on which the relevant filing is due. 1. Sealing/Redactions Not Requiring Court Approval. Fed. R. Civ. P. 5.2 describes sensitive information that must be redacted from public court filings without seeking prior Court permission. Parties should also consult the S.D.N.Y. ECF Rules & Instructions, Section 21, Rules 21.3 and 21.4, available at https://nysd.uscourts.gov/rules/ecf-related- instructions.

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 Cave — standing order

ding the modifications from the Court’s model. C. Discovery Disputes. 1. Requirement to Meet and Confer. The Court will not hear any discovery dispute unless the moving party (including a non‐party seeking relief) has first conferred in good faith with any adverse party to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.

More from Judge Cave’s procedures
👤 Judge Cave — standing order
Courtesy copies details

o file any opposition as promptly as possible. 4. Courtesy Copies. Courtesy copies of Letter‐Motions are not required unless the attached exhibits exceed 50 pages, in which case one (1) courtesy copy, marked as such on a cover page, should be submitted to Chambers promptly after filing. Courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits. Bulky materials should be two‐sided, and placed in 3‐ring binders, with appropriate dividers. Source ↗

Motion word limit brief

B. Memoranda of Law. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 7.1. Unless prior permission has been granted, memoranda of law may not exceed the limits set forth in Local Rule 7.1(c). Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. Source ↗

Oral argument procedure

C. Courtesy Copies. Courtesy copies are not required and should not be submitted unless otherwise requested by the Court. Should the Court so request, courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits. Bulky materials should be two‐sided, and neatly bound or placed in 3‐ring binders, with appropriate dividers. Source ↗

Know Before You Go
👤 Judge Cave — deviations that burn people
  • All letters must be filed on ECF. Do not send letters directly to chambers by email unless specifically authorized.
  • All adjournment and extension requests must be filed on ECF as letter-motions, not as ordinary letters or proposed stipulations.
  • Motions are generally decided on papers without oral argument. Requesting argument is appropriate only when genuinely necessary.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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