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

Hon. P. Kevin Castel

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 Castel — standing order

1. Communications A. Letters. i. Communications with the Court shall be by letter and filed on ECF. Absent a specific direction from the Court, the text of an email transmitted to Chambers does not qualify as a letter and its contents will not be addressed by the Court or Chambers' Staff. ii. All letters must contain the docket number of the action, as well as the docket number of any related action before the Judge. iii. The first paragraph of all letters must set forth the date of the next conference before the Court. B. Questions and Matters Requiring Immediate Attention. Questions or requests on matters of scheduling, substance or procedure should be presented by letter. For matters requiring immediate attention, please email Chambers at: CastelNYSDChambers@nysd.uscourts.gov.

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 Castel — standing order

4. Confidentiality Orders. Any proposed Confidentiality Order shall contain the following language: "Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents or portions of documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing the applicability of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006) and any other controlling authority. Unless otherwise ordered, a party seeking to file an opposing party's confidential information shall so advise the opposing party fourteen (14) days in advance specifying the precise portion of the information the party seeks to use, the general purpose thereof and any redactions to which the party does not object. Within seven (7) days thereafter, the party whose confidential information is sought to be used may make an application to seal..." 5. Sealing in Civil and Miscellaneous Cases: ECF Requirements B. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings must be filed electronically through the court's ECF system in conformity with the Court's Standing Order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information. Supporting papers must be separately filed electronically. The proposed sealed document must be contemporaneously filed under seal in the ECF system. Where the motion seeks approval to redact: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

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 Castel — standing order

B. Discovery Disputes. Discovery Disputes shall be brought on by letter motion and the parties shall comply with Local Civil Rule 37.2 unless otherwise ordered. A Discovery Dispute Letter to the Court shall contain the certification required under Rule 37(a)(1), Fed. R. Civ. P., and set forth the full text of any discovery request and response or objection thereto, together with any case law support and any affidavits required to adjudicate the issue. The party from whom discovery is sought shall respond within four business days and shall include any case law support and any affidavits required to adjudicate the motion.

Know Before You Go
👤 Judge Castel — deviations that burn people
  • 1. Every letter must include the docket number AND the first paragraph must state the date of the next scheduled conference. Email to chambers does NOT count as a letter -- chambers will not address it.
  • 2. Pre-Motion Letter required before virtually all motions (long exceptions list). Response due within 4 business days. Pre-Motion Letter for 12(b) motion stays the time to answer or move.
  • 3. MTD Pre-Motion Letter: responding party must unambiguously state in the FIRST PARAGRAPH whether they seek leave to amend. This is taken into account on any future leave-to-amend ruling.
  • 4. Discovery disputes: letter motion with full text of request, response/objection, case law, and Rule 37(a)(1) certification. Opponent responds within 4 business days.
  • 5. Courtesy copies of ALL motion papers due to chambers within FOUR DAYS of filing -- not at reply stage.
  • 6. Confidentiality Orders MUST include Lugosch language (quoted in §4 of the SO) -- cannot use a generic protective order.
  • 7. Adjournment requests: if extending discovery, must attach a proposed Revised CMP/Scheduling Order with actual business dates AND request to adjourn next conference to at least 14 days after close of fact discovery.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment