judge console · S.D.N.Y.
S.D.N.Y. · Judge Briccetti · Practice Guide

Hon. Vincent L. Briccetti

All local rules for S.D.N.Y., integrated with this judge's published requirements.

Before You File
Ex parte applications
🏛 S.D.N.Y. local rule

Affidavit with good and specific reasons required; state if prior application made. Local Civil Rule 6.1(d) ↗

Contacting chambers
👤 Judge Briccetti — standing order

§1.A: Except as otherwise provided below, communications with the Court shall be by letter, which shall be filed electronically on ECF. (See SDNY Electronic Case Filing Rules & Instructions, Section 13.1.) i. Absent prior permission, letters -- inclusive of attached exhibits -- may not exceed 5 pages in length. ii. Letters between or among parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document). iii. In civil and miscellaneous cases, letters to be filed under seal or containing sensitive or confidential information shall be filed in accordance with Paragraph 3 below...If a party wishes to fax or email a document to the Court, it must obtain prior permission to do so. The fax or email must indicate who in Chambers provided such permission, and must be copied to all counsel and unrepresented parties. §1.D: Please do NOT provide courtesy copies of letters and letter-motions filed on ECF. §1.E: Telephone calls to Chambers are permitted only in situations requiring immediate attention. In such situations, call Chambers at (914) 390-4166. §1.F: Docketing, Scheduling, and Calendar Matters. Please call Yadira Fuschillo, Courtroom Deputy Clerk, at (914) 390-4167, during regular business hours.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 S.D.N.Y. local rule
Motion

Memoranda of law in support of or in opposition to a motion limited to 25 pages; reply memoranda limited to 10 pages S.D.N.Y. L.R. 7.1(b) ↗

Opposition

8,750 words maximum for opposition brief. Local Civil Rule 7.1(c) ↗

Reply

3,500 words maximum for reply brief. Local Civil Rule 7.1(c) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 S.D.N.Y. local rule
Notice period

Opposition due 14 days after service; reply due 7 days after opposition. Local Civil Rule 6.1(b) ↗

Hearing days

Silent on fixed motion hearing days. The joint local rules establish no motion-day calendar. LCR 7.1 governs motion practice (content, formatting, and briefing deadlines) but sets no court hearing dates; any hearing is scheduled at each judge's discretion per their individual practices. Local Civil Rule 7.1 ↗

Proposed orders
🏛 S.D.N.Y. local rule

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 Briccetti — standing order

§3.A: Sealing/Redactions Not Requiring Court Approval. Fed. R. Civ. P. 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers. §3.B: Sealing/Redaction Requiring Court Approval. Motions or letter-motions for approval of sealed or redacted filings, and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court's ECF system in conformity with the Court's standing order, 19-mc-00583, and SDNY Electronic Case Filing Rules & Instructions, Section 6. The motion must be filed in public view, must explain the reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. The proposed sealed document must be contemporaneously filed, under seal, in the ECF system, as electronically related to the motion. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties' consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. See In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

The Hearing
Oral argument
🏛 S.D.N.Y. local rule

Motions are decided on submission unless the court schedules oral argument; contact chambers to request oral argument S.D.N.Y. L.R. 7.1(b) ↗

Discovery
Discovery referral procedure
🏛 S.D.N.Y. local rule

Must first request informal conference by letter before filing discovery motion. Local Civil Rule 37.2 ↗

Discovery dispute procedure
👤 Judge Briccetti — standing order

§2.B.i: For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the 'meet and confer' rule, is required. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved.

Know Before You Go
👤 Judge Briccetti — deviations that burn people
  • 1. Pre-motion conference required for discovery AND summary judgment -- but NOT other motions: '§2.B.i-iii: For discovery motions, follow L.C.R. 37.2 (informal conference required). For summary judgment, a pre-motion conference is required. For other substantive motions, a pre-motion conference is not required.' Distinguishing which motion type you are filing determines whether you need a pre-motion step.
  • 2. Courtesy copies required for all pleadings and motion papers (NOT letters): '§2.A: One courtesy hard copy of all pleadings and motion papers (with the exception of letter-motions and motions for admission pro hac vice), shall be submitted to Chambers as soon as practicable after filing.' The exception for letter-motions is important -- do NOT send courtesy copies of letter-motions.
  • 3. Extension requests denied if filed after deadline absent extraordinary circumstances: '§1.G: Absent extraordinary circumstances, requests for extensions will be denied if not made before the expiration of the original deadline.' Standard is stricter than most SDNY judges.
  • 4. Adjournment of appearance requires 2 business days notice (not 48 hours): '§1.G: If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 2 business days prior to the scheduled appearance.' Note the distinction from judges who use calendar days.
  • 5. Motion to dismiss -- 10-day notification obligation: '§2.D.i: Upon the filing of a motion to dismiss, the Court will ordinarily issue an order requiring the non-moving party, within 10 days, to notify the Court whether it intends to file an amended pleading, or will rely on the pleading being attacked.' Non-amendment is likely to waive future amendment opportunity based on fully-briefed grounds.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment