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

Hon. Margaret M. Garnett

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 Garnett — standing order

B. Communications with Chambers. 1. Letters. Except as otherwise provided below, communications with the Court shall be by letter. Letters must be filed electronically on ECF. Letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters. Letters may not exceed three pages in length (single-spaced, with standard font and margins) without prior permission from Chambers. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

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 Garnett — standing order

D. Redactions and Filing Under Seal. 1. Redactions Not Requiring Court Approval. The parties are referred to the E- Government Act of 2002, Fed.

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 Garnett — standing order

3. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court. 4. Participation by Junior Attorneys. The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, and witness examinations at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in Last updated: March 28, 2025 8 preparing the relevant witness. The Court may be inclined to grant a request for oral argument, which it generally disfavors, where doing so would afford the opportunity for a junior attorney to gain courtroom experience. Nevertheless, all attorneys appearing before the Court must have authority to bind the party they represent consistent with the proceeding (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding.

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

5. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time should be made by letter-motion and must state: (1) the reason for the proposed adjournment or extension; (2) the original Last updated: March 28, 2025 2 date(s); (3) the number of previous requests for adjournment or extension of time; (4) whether the other party or parties consent and, if not, the reason given for refusing to consent; and (5) proposed alternative dates, including any other scheduled dates that may be affected by the requested adjournment or extension. Absent an emergency, the request must be made at least two business days prior to the original due date. In the event of such an emergency, after filing the appropriate letter-motion on ECF, the parties should also alert Chambers to the filing by email, following the procedures pertaining to email communications with the Court detailed in Rule I(B)(3), supra, and clearly stating the nature of the emergency. Source ↗

Courtesy copies details

a table of contents and table of authorities. 3. Courtesy Copies. One courtesy copy of a complete set of motion papers should be submitted by the movant at the time the reply is served, or as soon thereafter as reasonably practicable. Courtesy copies shall be mailed or hand-delivered to Chambers (see supra Rule I(B)(6) for hand-delivery instructions). Courtesy copies shall be submitted according to the following instructions: i. Briefs should be printed single-sided and stapled in the upper-left corner. If there are any exhibits or supplemental materials filed with that brief, the brief shall be placed in the front left pocket of a three-ring binder containing those materials, as described below; Last updated: March 28, 2025 10 ii. In the three-ring binder, any affidavits, declarations, exhibits, or other motion papers filed with that brief should be printed double-sided, three-hole- punched, placed in the binder, and separated by binder tabs; iii. Binder tabs should either (a) identify the tabbed document by title (e.g., “Affidavit of Jane Doe”), or (b) be numbered, as long as a corresponding table of contents is included as the front page of the binder; iv. Binders should include cover and spine sheets that clearly identify the full case name and the documents included within (e.g., “Plaintiff’s Opposition to Defendants’ Motion to Dismiss”); and v. If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies are to be unredacted, but the portions redacted from public filings should be highlighted so that the Court will know to refrain from quoting those passages in opinions and orders. Do not VeloBind or binder clip any courtesy copies submitted to the Court. Source ↗

Initial conference timing

5. Initial Case Management Conference. The Court will generally schedule a Fed. R. Civ. P. 16 conference approximately six weeks from the filing of the Complaint. Plaintiff's counsel (or, in a matter removed from state court, defendant's counsel) is responsible for distributing copies of the Notice of Initial Pretrial Conference to all parties. The Notice will direct the parties to submit to the Court, approximately one week prior to the conference date, a joint proposed Case Management Plan and Scheduling Order and a joint letter, not to exceed three pages in length (single-spaced, with standard font and margins), describing the case, any contemplated motions, and the prospect for settlement. Source ↗

Meet and confer requirement

3. Redactions Requiring Court Approval in Civil Cases. i. Meet and Confer. Prior to requesting the Court’s permission to redact or seal, the requesting party shall meet and confer with their adversary in a good- faith effort to narrow the need for redactions or sealing and to secure consent, if possible. Last updated: March 28, 2025 4 ii. Redacted Document(s). Where a party seeks leave to file a document with redactions, the party shall file a letter-motion on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion shall (1) request the redactions; (2) indicate whether the party’s adversary consents to the redactions and, if the adversary does not consent, describe the basis for objection; (3) describe the efforts to meet and confer; and (4) explain why redactions are appropriate in light of the presumption of public access to the federal courts. The letter-motion shall be filed in public view and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted. iii. Sealed Document(s). Where a party seeks leave to file a document in sealed form, the party shall file a letter-motion on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion shall (1) request the sealing; (2) indicate whether the party’s adversary consents to the sealing and, if the adversary does not consent, describe the basis for objection; (3) describe the efforts to meet and confer; and (4) explain why sealing is appropriate in light of the presumption of public access to the federal courts. The letter-motion shall be filed in public view and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order, if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal. iv. Submissions by Alternative Method. Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF, or believes there is good cause not to file such a letter-motion on ECF, the party Source ↗

Motion word limit brief

2. Memoranda of Law. Unless prior permission has been granted, memoranda of law must conform to Local Civil Rule 7.1. Specifically, memoranda of law in support of and in opposition to motions may not exceed 8,750 words, and reply memoranda may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word-count limitations. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document. Briefs filed by a party who is not represented by an attorney, or are handwritten or prepared with a typewriter, may not exceed 25 pages if filed in support of or in opposition to a motion and may not exceed 10 pages if filed on reply. All memoranda of law shall be formatted with one-inch margins and double-spaced. All text must be in 12-point font or larger. Memoranda of 10 pages or more shall contain a table of contents and table of authorities. Source ↗

Motion word page limits

2. Memoranda of Law. Unless prior permission has been granted, memoranda of law must conform to Local Civil Rule 7.1. Specifically, memoranda of law in support of and in opposition to motions may not exceed 8,750 words, and reply memoranda may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word-count limitations. Source ↗

Oral argument procedure

5. Oral Argument on Motions. As a matter of course, the Court will not typically hold oral argument on motions. A party may nevertheless request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law. If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a short letter—not a letter-motion—explaining the reason(s) on ECF no later than three business days after the reply motion has been filed. In this letter, the party should advise the Court if the oral argument would be handled by a less experienced attorney because, as discussed in Rule II(A)(4), supra, that may make the Court more inclined to hold oral argument. If oral argument is requested, the Court will determine whether the argument will be heard and, if so, advise counsel of the argument date. Source ↗

Pre motion procedure

1. Pre-Motion Letters and Conferences. Pre-motion letters or conferences are not required, except for letter-motions concerning discovery, which are governed by Rule II(A)(6), supra, and the procedure applicable to summary judgment motions, described in Rule II(B)(9), infra. Source ↗

Know Before You Go
👤 Judge Garnett — deviations that burn people
  • Telephone calls to Chambers are prohibited (Rule I(B)(2)). Faxes to Chambers are not permitted (Rule I(B)(4)). Initial conference scheduled approximately six weeks from the filing of the Complaint (Rule II(A)(5)) -- earlier than most SDNY judges. Motions to Dismiss: plaintiff may amend the complaint within 14 days of a motion to dismiss without prior Court permission; defendant must answer, file new motion, or rely on prior motion within 14 days of the amended complaint (Rule II(B)(6)). Summary Judgment: requires pre-motion conference requested within 14 days after close of fact discovery; motion not generally available in non-jury cases (Rule II(B)(9)). Courtesy copies due at time reply is served, in specific three-ring binder format (Rule II(B)(3)). Electronic devices must be submitted three business days before trial or hearing for Courthouse entry (Rule I(E)).
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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