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

Hon. Philip M. Halpern

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 Halpern — standing order

A. Contact with Chambers. Except as otherwise set forth herein, telephone calls to chambers are permitted only in emergencies requiring immediate attention. The chambers phone number is (914) 390-4160. Emails or faxes to chambers are permitted only with prior authorization. Emailed or faxed submissions shall identify the authorizing individual in chambers. Copies of any communication with Chambers shall be simultaneously faxed, e-mailed, or hand-delivered to all counsel. B. Letters and Letter-Motions. Except as otherwise provided below, communications with the Court shall be by letter. Unless there is a request to file a letter under seal, letters and letter-motions shall be filed electronically on ECF, and must comply with the SDNY Local Rules and Electronic Case Filing Rules and Instructions.

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 Halpern — standing order

5. Electronic Filing Under Seal A. 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 permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers. Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (“PINs”); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual’s cooperation with the government. Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case. If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest. B. Sealing/Redaction Requiring Court Approval. Motions or letter-motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, sections 6 and 21. The motion must be filed in public view, must explain the reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties' consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

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 Halpern — standing order

D. Discovery Motions. For discovery-related motions, follow Local Civil Rule 37.2, which requires the moving party to request a conference with the Court before the filing of any such motion. The pre-motion letter shall be a joint letter from all counsel limited to five pages double-spaced outlining the discovery disputes sought to be addressed. Strict adherence to Fed. R. Civ. P. 37(a)(1), the "meet and confer" rule, is required. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved.

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

C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time shall be made in writing and filed on ECF as letter-motions in accordance with Rule 1(B) above. The letter-motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) 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 schedule shall be included in the letter. Absent an emergency, any request for adjournments or extensions must be made at least 48 hours prior to the scheduled appearance or deadline. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline. Source ↗

Courtesy copies details

H. Courtesy Copies. Except as expressly indicated herein concerning marked pleadings, motions, pre-trial submissions, and bankruptcy appeals, do not provide courtesy copies of documents filed via ECF. A. Courtesy Copies (Motions). As soon as practicable, the parties shall provide courtesy copies to chambers of all motion papers, including all declarations and affidavits with exhibits. One copy of such papers, with the exhibits tabbed and indexed, shall be mailed to Chambers at the time of filing. In lieu of mailing, if hand-delivered, courtesy copies should be delivered to the Clerk's Office on the first floor of the courthouse, not to Chambers. Courtesy copies may not be submitted through the ECF system or by e-mail. Courtesy copies should be clearly marked as such. All courtesy hard copies of papers submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. Source ↗

Initial conference timing

B. Initial Conference. The Court will generally schedule a Fed. R. Civ. P. 16(c) conference within 2 months after service on defendants has been effectuated or a notice of removal has been filed, and all defendants have filed a response to the pleading. The Notice of Initial Conference will be docketed on ECF, and plaintiff’s counsel (or, in a 3 matter removed from state court, defense counsel) is directed to promptly distribute copies to all parties. If an initial conference has not been scheduled within 2 months after the service of the commencement papers or the filing of the notice of removal (and all defendants have filed a response to the pleading), counsel shall send a letter to alert the Court. The Notice will direct the parties to submit, one week prior to the conference date, a proposed Civil Case Discovery Plan and Scheduling Order, which is available on Judge Halpern’s individual page on the S.D.N.Y. website. If defense counsel has not appeared at least one week prior to the conference date, plaintiff’s counsel is directed to submit a letter requesting an adjournment and informing the Court of the status of defense counsel’s appearance and whether plaintiff intends to seek a default judgment. In any action in which subject-matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, one week prior to the initial conference, file via ECF a letter no longer than 2 double-spaced pages explaining the basis for that party’s assertion that diversity of citizenship exists and that the amount in controversy exceeds $75,000. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees. See Fed. Source ↗

Meet and confer requirement

D. Discovery Motions. For discovery-related motions, follow Local Civil Rule 37.2, which requires the moving party to request a conference with the Court before the filing of any such motion. The pre-motion letter shall be a joint letter from all counsel limited to five pages double-spaced outlining the discovery disputes sought to be addressed. Strict adherence to Fed. Source ↗

Motion word limit brief

H. Memoranda of Law. i. A memorandum of law shall accompany motion and opposition papers. The memorandum shall set forth all facts relevant to the motion and, for each factual statement, provide one or more citations to declarations, affidavits, or other evidence in the records. The parties’ memoranda of law shall include citations to the underlying exhibits supporting their propositions. In the case of summary judgment motions, factual statements must be supported by citations to both the record evidence and the Rule 56.1 statement, if contained therein. ii. The Court encourages and appreciates brevity. Memoranda of law in support of and in opposition to motions shall comply with the formatting and length requirements set forth in Local Civil Rule 7.1. Unless prior permission has been granted, sur-reply memoranda will not be accepted. With respect to objections to Magistrate Judges’ rulings, unless prior permission has been granted, memoranda of law (including responses) shall not exceed 15 pages. iii. After any initial preliminary statement or factual recitation, if any, Point I of all memoranda of law shall set forth the standard of review and the burden of proof associated with the issues presented. Source ↗

Motion word page limits

scripts or other discovery responses as exhibits. H. Memoranda of Law. i. A memorandum of law shall accompany motion and opposition papers. The memorandum shall set forth all facts relevant to the motion and, for each factual statement, provide one or more citations to declarations, affidavits, or other evidence in the records. The parties’ memoranda of law shall include citations to the underlying exhibits supporting their propositions. In the case of summary judgment motions, factual statements must be supported by citations to both the record evidence and the Rule 56.1 statement, if contained therein. ii. The Court encourages and appreciates brevity. Memoranda of law in support of and in opposition to motions shall comply with the formatting and length requirements set forth in Local Civil Rule 7.1. Unless prior permission has been granted, sur-reply memoranda will not be accepted. With respect to objections to Magistrate Judges’ rulings, unless prior permission has been granted, memoranda of law (including responses) shall not exceed 15 pages. iii. After any initial preliminary statement or factual recitation, if any, Point I of all memoranda of law shall set forth the standard of review and the burden of proof associated with the issues presented. Source ↗

Oral argument procedure

L. Oral Argument on Motions. The Court does not ordinarily hear oral argument on motions; however, oral argument is encouraged on substantive motions, and the parties may request oral argument by letter at the time moving, opposing, or reply papers are filed. The Court will determine whether oral argument will be heard and, if so, will notify counsel of the date and time. Source ↗

Pre motion procedure

C. Pre-Motion Conference. A pre-motion conference is required prior to the filing of any motion, except in pro se cases, post-judgment motions, motions for reargument or reconsideration, motions for admission pro hac vice, motions for attorneys' fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in class actions, objections to Magistrate Judges' rulings, motions for sanctions, motions to withdraw as counsel, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right. To request a pre-motion conference, the movant shall file a letter to the Court, not exceeding 5 pages double-spaced, absent prior permission from the Court, setting forth the basis for the anticipated motion. Opposition letters, not exceeding 5 double-spaced pages, shall be submitted within 5 business days after receipt of the movant's letter. No reply letters will be permitted absent prior permission from the Court. Counsel should note that the pre-motion letter may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. Source ↗

Know Before You Go
👤 Judge Halpern — deviations that burn people
  • Pre-motion conference required before virtually all motions -- pre-motion letter may be construed as the motion itself; arguments not raised in pre-motion letter deemed waived (Rule 2(C)). Motions to Dismiss use a two-exchange pre-motion letter procedure: defendant first sends letter identifying deficiencies; plaintiff responds; then standard pre-motion conference process (Rule 4(C)). Telephone calls to chambers permitted only in emergencies; emails or faxes only with prior authorization (Rule 1(A)). Courtesy copies of all motion papers required -- mailed or hand-delivered (not by ECF or email) at time of filing; must be bound and lie flat (Rule 4(A)). Summary Judgment: movant must serve Rule 56.1 Statement on all parties before requesting pre-motion conference (Rule 4(E)). White Plains courthouse (300 Quarropas Street) -- not Manhattan.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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