All local rules for S.D.N.Y., integrated with this judge's published requirements.
(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) ↗
A. PRESKA SOUTHERN DISTRICT OF NEW YORK United States Courthouse 500 Pearl Street, Room 2220 New York, NY 10007 www.nysd.uscourts.gov Unless otherwise ordered, matters before Judge Preska shall be conducted in accordance with the following practices:
(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) ↗
(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) ↗
(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) ↗
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) ↗
Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗
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 ↗
F. Procedures for filing Motions for Default Judgment For motions for default judgment, follow Local Civil Rules 55.1 and 55.2. The moving party shall also provide to the Court a proposed Order to Show Cause.
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
2. Motions & Pleadings A. Pre-Motion Conference in Civil Cases For discovery motions, follow Local Civil Rule 37.2 (effective as of July 1, 2024). For motions other than discovery motions, a pre-motion conference with the Court is required before making any motion, except: • motions by incarcerated pro se litigants; • applications for temporary restraining orders; • applications for injunctions; • motions to dismiss in lieu of answer; • motions to remand; • motions for reargument; • motions described in Federal Rule of Appellate Procedure 4(a)(4)(A); • applications for attorneys’ fees; • motions for reduction of sentences; • objections to a Magistrate Judge’s ruling; • petitions to compel arbitration or to confirm or modify awards; • motions brought on by order to show cause; • motions for admission pro hac vice; and • motions pursuant to Section 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 to consolidate and for appointment of lead counsel. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed 1,050 words setting forth the basis for the anticipated motion. Whereupon, the non-moving party shall, within 3 business days, submit a letter not to exceed 1,050 words setting forth its position with respect to the anticipated motion. The moving party is permitted to submit a reply letter not to exceed 700 words within 1 business day. Upon submitting a pre-motion conference request letter, the moving party shall remind the non-moving party of its obligation to submit a response letter to the Court. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, the moving and non-moving parties’ letters may not exceed 3 pages, and a reply letter may not exceed 2 pages.
C. Faxes Faxes to chambers are not permitted. D. Scheduling and Calendar Matters For docketing, scheduling, and calendar matters, email the Courtroom Deputy at: PreskaNYSDChambers@nysd.uscourts.gov E. Requests for Adjournments or Extensions of Time Absent an emergency, requests for adjournments or extensions of time shall be made at least 48 hours prior to the scheduled deadline. All requests for adjournments or extensions of time must state: (1) the original date; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. 2 If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached. Source ↗
Silent on courtesy_copies_details. Source ↗
Silent on initial_conference_timing. Source ↗
B. Memoranda of Law Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 7,000 words, and reply memoranda are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and table of authorities. Memoranda shall be in at least 12-point type, both text and footnotes. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 20 pages, and reply briefs may not exceed 10 pages. 3 Source ↗
B. Memoranda of Law Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 7,000 words, and reply memoranda are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and table of authorities. Memoranda shall be in at least 12-point type, both text and footnotes. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 20 pages, and reply briefs may not exceed 10 pages. 3 Source ↗
C. Filing of Motion Papers Motion papers shall be filed promptly after service. D. Oral Arguments on Motions Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. Source ↗