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

Hon. Gabriel W. Gorenstein

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 Gorenstein — standing order

Silent on under_seal_requirements.

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

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

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

F. Requests for Adjournments of Court Appearances (including telephone conferences). A request for an adjournment of a court appearance shall be made as soon as a party is aware of the need for the adjournment and, in any event, no later than five business days prior to the scheduled appearance (absent unforeseen circumstances). Prior to making such a request, the party intending to make the request should contact the Deputy Clerk ((212) 805- 4260), to determine an alternative date for which the Court is available for a rescheduled court appearance. The requesting party should next contact all other parties to determine their availability for that date. The requesting party must then file a letter to the Court on ECF seeking the adjournment, stating the date and time that is being requested. The letter must include a statement as to the other parties’ positions on the change in date. The appearance is not adjourned unless the parties are thereafter informed by the Court that the written application has been granted. Source ↗

Courtesy copies details

C. Courtesy Copies of Motion Papers. A party must send to Chambers (by postal mail or other delivery to 40 Foley Square) one courtesy copy of each memorandum of law the party files, marked as such, at the same time as it is filed. Source ↗

Motion word limit brief

Silent on motion_word_limit_brief. Source ↗

Oral argument procedure

F. Oral Argument on Motions. Judge Gorenstein normally does not hear oral argument on motions. A party may request oral argument by letter. If the Court determines that argument will be heard, it will so advise the parties. (A request for oral argument is more likely to be granted if a party identifies a lawyer to argue the motion who has been admitted within the previous five years and references this paragraph in the letter request.) Source ↗

Pre motion procedure

2. Motions A. Pre-Motion Conferences in Civil Cases. As described below, pre-motion conferences are required where the proposed motion is returnable before Judge Gorenstein, or where the proposed motion has been referred to Judge Gorenstein, except that no pre-motion conference is required for motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. Source ↗

Know Before You Go
👤 Judge Gorenstein — deviations that burn people
  • Pre-motion letter or conference required before filing most motions. Filing without the required pre-motion step will likely result in the motion being returned.
  • All adjournment and extension requests must be filed on ECF as letter-motions, not as ordinary letters or proposed stipulations.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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