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

Hon. Katherine Polk Failla

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 Failla — standing order

§2.B: Except as otherwise provided below, communications with the Court should be by letter. Letters should be filed electronically on ECF, with a courtesy copy, clearly marked as such, delivered to the Court via e-mail (Failla_NYSDChambers@nysd.uscourts.gov). E-mails shall state clearly in the subject line: (i) the caption of the case, including the lead party names and docket number; and (ii) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the body of the letter. The courtesy copy of any letter filed on ECF must include the automatically generated ECF header. §2.H: For docketing, scheduling, and calendar matters, call Chambers at (212) 805-0290. Otherwise, telephone calls to Chambers are permitted only for urgent matters. §2.I: Faxes to Chambers are not permitted.

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 ↗

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 Failla — standing order

§2.C.ii: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party seeking discovery shall promptly file on ECF a letter motion, no longer than three pages, explaining the nature of the dispute and requesting an informal conference. Such a letter motion 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 submit a responsive letter, not to exceed three pages, within three business days after the request is received. Counsel should seek relief in a timely fashion; if a party waits until near the close of discovery to raise an issue that could have been raised earlier, the party is unlikely to be granted the relief that it seeks, let alone more time for discovery.

Know Before You Go
👤 Judge Failla — deviations that burn people
  • Trap 1: Every letter filed on ECF ALSO requires email courtesy copy to Failla_NYSDChambers@nysd.uscourts.gov with ECF header included (§2.B) -- missing the email copy violates the protocol.
  • Trap 2: No faxes to Chambers under any circumstances (§2.I).
  • Trap 3: Pre-motion letter required for MTD, MSJ, JOTPL, sanctions, AND discovery disputes (§4.A) -- pre-motion letter on MTD STAYS defendant's time to answer.
  • Trap 4: Discovery disputes: phone or in-person meet-and-confer required before ECF letter-motion; waiting until near close of discovery destroys your ability to get relief (§2.C.ii).
  • Trap 5: Courtesy copies at time reply is served, double-sided, tabbed, in binders (§4.D) -- timing tied to reply filing, not ECF filing.
  • Trap 6: PMC for MTD stays answer deadline -- confirm whether PMC was triggered before answering or moving (§4.A).
content assembled from published local rules & standing orders · click any section in the rail for the full treatment