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

Hon. Louis L. Stanton

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 Stanton — standing order

L. STANTON Unless otherwise ordered by Judge Stanton, matters before Judge Stanton shall be conducted in accordance with the following practices: 1. Communications With Chambers A. Letters. Except as otherwise provided below, communications with chambers shall be by letter, with copies simultaneously delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court.

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 Stanton — standing order

G. In all submissions to Judge Stanton where exhibits are attached, the exhibits shall be separated by index tabs so that the particular exhibit may be readily located within the group of exhibits. 3. Electronic Filing Under Seal

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 Stanton — standing order

F. Inquiries. If a matter is not decided within sixty days of the time it is fully submitted, or its pendency undecided creates particular problems for any party, counsel may write so advising the court.

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

C. Faxes & Emails. Faxes and emails to chambers are not permitted. D. Docketing, Scheduling, and Calendar Matters. For docketing, scheduling and calendar matters, call chambers at (212)805-0252. E. Requests for Adjournments or Extensions of Time. 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. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached. If the request is for an adjournment of a court appearance, absent an emergency it shall be made at least 48 hours prior to the scheduled appearance. Source ↗

Courtesy copies details

B. Courtesy Copies. Courtesy copies of all motion papers, marked as such, should be submitted to chambers at the time papers are served. [C. Memoranda of Law. Omitted.] D. Filing of Motion Papers. Motion papers shall be filed promptly after service. Source ↗

Oral argument procedure

B. Courtesy Copies. Courtesy copies of all motion papers, marked as such, should be submitted to chambers at the time papers are served. [C. Memoranda of Law. Omitted.] D. Filing of Motion Papers. Motion papers shall be filed promptly after service. Source ↗

Know Before You Go
👤 Judge Stanton — deviations that burn people
  • law. Confine yourself to a concise summary of the important facts. Do not describe in detail what particular witnesses will say. Unless the case is unusually complex, each party will be limited to 10 minutes. e. Please stand when you question witnesses. (Counsel with physical disabilities will be excused from this requirement). Do not pace about the courtroom when questioning witnesses. This distracts the jury and wastes time. f. If you intend to question a witness about a group of documents, avoid delay by having all the documents with you when you start the examination. g. When you object, make your objection short and to the point. Do not argue the objection in the presence of the jury, and do not argue with the ruling of the court in the presence of the jury. Do not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at the first recess. h. Do not face or otherwise appear to address yourself to jurors when questioning a witness. i. The jury should hear the instructions on the law of the case from the court, an impartial source. In your final argument, you may tell the jury what you believe the substance of the court's instruction on a particular subject will be, but do not read or quote any instruction. LOUIS
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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