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

Hon. Jennifer H. Rearden

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 Rearden — standing order

D. Amended or Corrected Filings. Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing. Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.

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 Rearden — standing order

C. Filing of Motion Papers. Motion papers shall be filed promptly after service. Motion papers shall be accompanied by a letter no longer than three pages outlining the substantive argument advanced in the papers. Such letters shall accompany opening memoranda of law and opposition memoranda of law.

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 Rearden — standing order

bers, shareholders, partners, and/or trustees. C. Discovery Disputes. Follow Local Civil Rule 37.2 of the S.D.N.Y. Local Rules, 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, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement. If the dispute is not resolved, the party may file a letter- motion on ECF pursuant to Rule 5.I below, not to exceed six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. If the opposing party wishes to respond to the letter-motion, it should promptly send an e-mail to Chambers, copying all counsel of record, to advise that a responsive letter will be forthcoming. Any such responsive filing shall not exceed six double-spaced pages and must be filed on ECF within three business days of the filing of the letter-motion. Consistent with Local Civil Rule 5.1, any letter-motion or responsive filing shall quote or attach only those portions of the depositions, interrogatories, requests for documents, requests for admissions, or other discovery or disclosure materials, together with the responses 4 and objections thereto, that are the subject of the discovery dispute or are otherwise cited in the party’s filing. No other documents shall be submitted absent further order of the Court.

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

C. Faxes. Faxes to Chambers are not permitted. D. Hand Deliveries. Hand deliveries should be left with the Court Security Officers at the Worth Street entrance of the Courthouse. If a hand delivery requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived. Source ↗

Courtesy copies details

D. Notices of Motions when Filing Under Seal. When leave is sought to file a motion under seal or with redactions, the parties must comply with Rule 9. E. Courtesy Copies. Once a motion has been fully submitted, the movant shall provide two courtesy hard copies of all motion papers (including any oppositions, replies, declarations, and exhibits) to Chambers by mail or delivery to Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 and email a copy of the same to ReardenNYSDChambers@nysd.uscourts.gov. If exhibits to a motion are available on ECF and email transmission of the exhibits would be cumbersome (e.g., due to file size), the movant need not email the exhibit files to Chambers but should instead state in the email that the motion exhibits are available on ECF. Source ↗

Initial conference timing

The Notice of Initial Pretrial Conference will be filed on ECF. The Notice will direct the parties to file on ECF, approximately one week prior to the conference, a joint proposed Case Management Plan and Scheduling Order (using Judge Rearden's fillable form) and a joint letter. At that time, one courtesy copy of the pleadings should also be emailed to ReardenNYSDChambers@nysd.uscourts.gov. Source ↗

Meet and confer requirement

C. Discovery Disputes. Follow Local Civil Rule 37.2 of the S.D.N.Y. Local Rules, 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, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement. If the dispute is not resolved, the party may file a letter- motion on ECF pursuant to Rule 5.I below, not to exceed six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. If the opposing party wishes to respond to the letter-motion, it should promptly send an e-mail to Chambers, copying all counsel of record, to advise that a responsive letter will be forthcoming. Any such responsive filing shall not exceed six double-spaced pages and must be filed on ECF within three business days of the filing of the letter-motion. Consistent with Local Civil Rule 5.1, any letter-motion or responsive filing shall quote or attach only those portions of the depositions, interrogatories, requests for documents, requests for admissions, or other discovery or disclosure materials, together with the responses 4 and objections thereto, that are the subject of the discovery dispute or are otherwise cited in the party’s filing. No other documents shall be submitted absent further order of the Court. Source ↗

Motion word limit brief

B. Memoranda of Law. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 7.1(b). Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 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. All memoranda, regardless of length, shall contain a table of authorities. Memoranda of 10 pages or more also shall include a table of contents. All memoranda 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. These limits do not apply to motions for reconsideration under Local Civil Rule 6.3; parties should refer to that provision for applicable word or page limits and other information. Sur-reply memoranda will not be accepted absent leave of the Court. Requests to exceed these word limits, except for replies, must be made five business days before the deadline. Requests to exceed the word limit for replies must be made two business days before the deadline. Source ↗

Motion word page limits

B. Memoranda of Law. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 7.1(b). Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 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. All memoranda, regardless of length, shall contain a table of authorities. Memoranda of 10 pages or more also shall include a table of contents. All memoranda 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. These limits do not apply to motions for reconsideration under Local Civil Rule 6.3; parties should refer to that provision for applicable word or page limits and other information. Sur-reply memoranda will not be accepted absent leave of the Court. Requests to exceed these word limits, except for replies, must be made five business days before the deadline. Requests to exceed the word limit for replies must be made two business days before the deadline. Source ↗

Oral argument procedure

ECF. F. Oral Argument on Motions. Parties may request oral argument by letter (filed on ECF) at the time of filing their moving, opposing, or reply papers. The letter shall detail why oral argument would be beneficial. The requesting party’s memorandum of law shall also include the words “ORAL ARGUMENT REQUESTED” on the cover page. The Court will determine whether argument will be heard and, if so, will inform counsel of the argument date. 6 Source ↗

Pre motion procedure

5. Motions A. Pre-Motion Conferences in Civil Cases. A pre-motion conference is required only for discovery-related motions (including discovery letter-motions addressed in Rule 3.C). A pre-motion conference will not be held for any other motion. To arrange a pre-motion conference, follow Rule 3.C governing discovery disputes. Source ↗

Know Before You Go
👤 Judge Rearden — deviations that burn people
  • A. Pre-Motion Conferences in Civil Cases. A pre-motion conference is required only for discovery-related motions (including discovery letter-motions addressed in Rule 3.C). A pre-motion conference will not be held for any other motion. To arrange a pre-motion conference, follow Rule 3.C governing discovery disputes. §5.C: C. Filing of Motion Papers. Motion papers shall be filed promptly after service. Motion papers shall be accompanied by a letter no longer than three pages outlining the substantive argument advanced in the papers. Such letters shall accompany opening memoranda of law and opposition memoranda of law. §5.E: E. Courtesy Copies. Once a motion has been fully submitted, the movant shall provide two courtesy hard copies of all motion papers (including any oppositions, replies, declarations, and exhibits) to Chambers by mail or delivery to Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 and email a copy of the same to ReardenNYSDChambers@nysd.uscourts.gov. If exhibits to a motion are available on ECF and email transmission of the exhibits would be cumbersome (e.g., due to file size), the movant need not email the exhibit files to Chambers but should instead state in the email that the motion exhibits are available on ECF.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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