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

Hon. J. Paul Oetken

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 Oetken — standing order

B. Telephone Calls and Emails. Communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with paragraphs 2(A) and 4(A). For urgent matters requiring immediate attention (i.e., in less than one business day), call Chambers at (212) 805-0266. Technical questions pertaining to ECF filings should be directed to the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800. Counsel may not submit substantive case-related communications by email without leave of the Court. Counsel should attempt to include on any substantive call to Chambers counsel for all parties and, if unsuccessful. Court staff generally will not answer substantive questions or interpret procedural rules on ex parte calls.

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 Oetken — standing order

F. Filings in Opposition. Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order, but in no event less than three days before the scheduled trial date: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

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 Oetken — standing order

C. Attendance by Principal Trial Counsel. Absent leave of the Court, the attorney who will serve as principal trial counsel must appear at all conferences with the Court. Any attorney appearing before the Court must enter a notice of appearance on ECF.

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

to be retrieved by Chambers staff immediately. D. Requests for Adjournments or Extensions of Time. Before requesting an adjournment or an extension of time, parties must first seek consent from the opposing party or parties—and parties are strongly encouraged to consent to reasonable requests. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders. The letter-motion must state: (1) the original deadline and the proposed new deadline; (2) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; (3) the number of previous requests for adjournment or extension, and whether those previous requests were granted or denied; and (4) the reasons for the requested adjournment or extension. If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well. Requests for extensions of deadlines regarding a 4 matter that has been referred to a magistrate judge shall be addressed to that assigned magistrate judge. Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline. Source ↗

Courtesy copies details

B. Amended or Corrected Filings. Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing. C. No Courtesy Copies. Unless the Court orders otherwise, or as provided otherwise in these Rules (see, e.g., paragraph 6(C)(iv) regarding sealed cases), parties should not submit courtesy copies of any submissions. Source ↗

Discovery letter page limit

Silent on discovery_letter_page_limit. Source ↗

Initial conference timing

7 F. Initial Case Management Conference. The parties shall submit a proposed Civil Case Management Plan and Scheduling Order to the Court at least seven calendar days before the initial case management conference. Source ↗

Meet and confer requirement

ECF. D. Discovery Disputes. Parties must follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party seeking discovery shall promptly file on ECF a letter-motion, no longer than four pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting an informal conference. Any letter-motion seeking relief must include a representation that the meet-and-confer process occurred and was unsuccessful. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed four pages, within three business days. Counsel should be prepared to discuss with the Court the matters raised by such letters, as the Court will seek to resolve discovery disputes quickly, by order (based on the letters alone) or in a conference. Counsel should seek relief in accordance with these procedures in a timely fashion; if a party waits until near the close of discovery to raise an issue that could have been raised earlier, the party is unlikely to be granted the relief that it seeks or more time for discovery. Source ↗

Motion word limit brief

B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by paragraph 3(D) above. C. Memoranda of Law. The typeface, margins, spacing, and length of motion papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for reconsideration, Local Civil Rule 6.3). Per Local Civil Rule 7.1, memoranda of law in support of and in opposition to motions (other than motions for reconsideration) are limited to 8,750 words, and reply briefs are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed. Source ↗

Motion word limit reply

table of contents and a table of authorities. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed. D. Unpublished Cases. If a party cites a case not available in an official reporter, it should not provide copies of the case to Chambers if the case is available on Westlaw or Lexis. Source ↗

Motion word page limits

B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by paragraph 3(D) above. C. Memoranda of Law. The typeface, margins, spacing, and length of motion papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for reconsideration, Local Civil Rule 6.3). Per Local Civil Rule 7.1, memoranda of law in support of and in opposition to motions (other than motions for reconsideration) are limited to 8,750 words, and reply briefs are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed. Source ↗

Oral argument procedure

D. Unpublished Cases. If a party cites a case not available in an official reporter, it should not provide copies of the case to Chambers if the case is available on Westlaw or Lexis. E. Oral Argument on Motions. The Court does not routinely hold oral argument on motions. But a party may 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 letter—not a letter-motion—explaining the reason on ECF. Additionally, a party should advise the Court by letter if oral argument would be handled by a less experienced attorney because, as discussed in paragraph 3(E) above, that may make the Court more inclined to hold oral argument. If oral argument is requested, the Court will determine whether argument will be heard and, if so, advise counsel of the argument date. 7 Source ↗

Pre motion procedure

y disputes) should be filed as letter-motions. B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by paragraph 3(D) above. Source ↗

Know Before You Go
👤 Judge Oetken — deviations that burn people
  • C. No Courtesy Copies. Unless the Court orders otherwise, or as provided otherwise in these Rules (see, e.g., paragraph 6(C)(iv) regarding sealed cases), parties should not submit courtesy copies of any submissions. §4.B: B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by paragraph 3(D) above.
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