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

Hon. Gary 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) ↗

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

H. Electronic Filing Under Seal. Unless otherwise ordered, any party wishing to file a document or portion thereof under seal or with redactions must comply with the following procedures on or before the date on which the relevant filing is due.

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

tween the parties regarding the modifications. C. Discovery Disputes. Parties shall follow Fed. R. Civ. P. 37(a) and Local Rule 37.2 with the following modifications. 1. Requirement to Meet and Confer. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party in an effort to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.

More from Judge Stein’s procedures
👤 Judge Stein — standing order
Oral argument procedure

3. Discovery Conference/Oral Argument. The Court retains discretion to rule on the dispute based on the parties’ letter submissions, without more formal briefing, and with or without a conference. The Court’s preference, however, is to hold a conference with the parties and attempt to resolve the dispute during the conference. If formal briefing is required, the Court will set a schedule for such briefing at the conference. Source ↗

Know Before You Go
👤 Judge Stein — deviations that burn people
  • All letters must be filed on ECF. Do not send letters directly to chambers by email unless specifically authorized.
  • Must first seek opposing party consent before requesting adjournments or extensions. Filing without attempting consent is non-compliant.
  • Lead Trial Counsel must be personally involved in all discovery dispute proceedings before the Court. Delegating to junior associates violates individual practices.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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