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

Hon. Sidney H. Stein

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 Stein — standing order

H. STEIN UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States Courthouse 500 Pearl Street, New York, New York 10007 Unless otherwise ordered by Judge Stein, civil matters before Judge Stein shall be conducted in accordance with the following practices:

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 Stein — standing order

5. Electronic Filing Under Seal in Civil and Miscellaneous Cases A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

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 Stein — standing order

F. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or 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.

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

C. Faxes. Faxes to chambers are not permitted. D. Docketing, Scheduling, and Calendar Matters. For docketing, scheduling and calendar matters, call Laura Blakely at (212) 805-0087. E. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter motions. All such letter motions 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. i. 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

1. Communications With Chambers A. Letters. Except as otherwise provided below, communications with chambers shall be by letter filed electronically on ECF. Copies of correspondence between counsel shall not be sent to the Court. Courtesy copies of letters filed via ECF are not necessary. Source ↗

Initial conference timing

Silent on initial_conference_timing. Source ↗

Motion word limit brief

C. Memoranda of Law. Memoranda of law in support of and in opposition to motions, if filed by an attorney or prepared with a computer, may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, memoranda of law in support of and in opposition to motions may not exceed 25 pages, and reply memoranda may not exceed 10 pages. Memoranda that are 3,500 words or more or 10 pages or more shall contain a table of contents and a table of authorities, which are not included in these page or word limits. However, footnotes and endnotes are included in these limits. Source ↗

Motion word page limits

B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required. 2 C. Memoranda of Law. Memoranda of law in support of and in opposition to motions, if filed by an attorney or prepared with a computer, may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, memoranda of law in support of and in opposition to motions may not exceed 25 pages, and reply memoranda may not exceed 10 pages. Memoranda that are 3,500 words or more or 10 pages or more shall contain a table of contents and a table of authorities, which are not included in these page or word limits. However, footnotes and endnotes are included in these limits. Source ↗

Pre motion procedure

2. Motions & Pleadings A. Courtesy Copies of a New Complaint. After a civil case has been electronically filed and assigned to Judge Stein, the filing attorney shall submit a paper copy of the initiating pleadings to chambers within five business days of the filing. The paper copy shall be submitted in accordance with SDNY policies regarding mail deliveries. Source ↗

Know Before You Go
👤 Judge Stein — deviations that burn people
  • 2. Motions & Pleadings
  • A. Courtesy Copies of a New Complaint. After a civil case has been electronically filed and assigned to Judge Stein, the filing attorney shall submit a paper copy of the initiating pleadings to chambers within five business days of the filing. The paper copy shall be submitted in accordance with SDNY policies regarding mail deliveries.
  • B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required.
  • E. Courtesy Copies. The moving party shall furnish a complete set of courtesy copies to chambers as soon as is practical after a motion has been fully briefed. Courtesy copies shall be marked as such and submitted in accordance with SDNY policies regarding mail deliveries.
  • G. Discovery Disputes. Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person if the attorneys practice in New York, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, any party may submit a letter to the Court via ECF, no longer than three pages, explaining the nature of the dispute and requesting an informal conference. Such letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond to the letter, it must do so within two business days.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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