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

Hon. Laura Taylor Swain

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 Swain — standing order

A. General Provisions 1. Communications with Chambers 2. Motions 3. Pretrial Procedures 4. Proposed Orders and Judgments 5. Redactions and Filing Under Seal 6. Pro Se Parties 7. Participation by Junior Attorneys

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 Swain — standing order

Under Seal in Civil and Miscellaneous Matters. i. 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. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers. 7 Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; personal home addresses, email addresses, and telephone numbers; and information regarding an individual’s cooperation with the government. Sensitive information and information requiring caution must not be included in any document filed publicly on ECF unless such inclusion is necessary and relevant to the case. If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest. ii. Sealing/Redaction Requiring Court Approval. Motions or letter-motions by represented parties for approval of sealed or redacted filings in civil and miscellaneous cases 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 (S.D.N.Y. Dec. 19, 2019), and ECF Rules & Instructions, section

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 Swain — standing order

(including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions. Letter-motions must be filed via ECF in compliance with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” d. Motions for default judgment. A party wishing to obtain a default judgment must notify the Court by letter (copied to the party against which a default judgment is to be sought and filed on the ECF System) of its desire to seek a default judgment. The Court will enter an order directing the party as to whether evidentiary submissions will be required in connection with the motion. Default judgments will be granted only upon written motion with notice to Defendant(s) and their counsel, if known. A copy of the Clerk’s Certificate of Default, an affidavit or declaration in accordance with Local Civil Rule 55.2(a)(1), and proof of service of the Summons and Complaint, the Motion for Default Judgment, the Clerk’s Certificate of Default and the aforementioned affidavit or declaration must be attached to the Motion for Default Judgment, along with any other material the Court directs be included in the motion papers. The Motion for Default Judgment must also include the papers required by Local Civil Rule 7.1, including a memorandum of law, and must be accompanied by a proposed order detailing the proposed judgment to be entered. e. Motions for withdrawal or displacement of attorney of record in civil matters. An attorney who has appeared as attorney of record for a party in a civil matter may be relieved or displaced in accordance with Local Civil Rule 1.4. 5 f. Evidentiary support. Evidentiary support, in admissible form, of all factual assertions relied upon in support of or in opposition to a motion must be filed and served with the moving or opposition papers, as the case may be. Recitals in notices of motion, attorneys’ affirmations, assertions of material factual matters “on information and belief” and the like are generally insufficient to establish factual matters. g. Briefing. Unless otherwise directed by the Court in the particular case, motions in civil matters must be briefed in accordance with the schedule set forth in Local Civil Rule 6.1. h. Memoranda of law. Unless prior permission has been granted, if filed by an attorney or prepared with a computer, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words; if filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages. These limitations do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a ce

Know Before You Go
👤 Judge Swain — deviations that burn people
  • at https://www.nysd.uscourts.gov/prose for other important information concerning proceeding pro se in this Court. d. Contact Information. Pro se parties are required to maintain their current mailing address on the docket at all times, and must notify the Court of any change of address by filing a change of address form with the Pro Se Intake Unit. Failure to notify the Court of a change of address may result in dismissal of a case brought by a pro se party. e. Pro Se Law Clinic. Pro se parties are advised that there is a Pro Se Law Clinic available to assist self-represented parties in civil cases. The Clinic may be able to provide a pro se party with advice in connection with their case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any self-represented party through the Pro Se Intake Unit). Litigants in need of legal assistance should complete the City Bar Justice Center’s intake form to make an appointment. If a litigant has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the clinic can be contacted by phone (212-382-4794) or email (fedprosdny@nycbar.org). In-person appointments in the Thurgood Marshall Courthouse in Manhattan and the Charles
content assembled from published local rules & standing orders · click any section in the rail for the full treatment