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

Hon. Mary Kay Vyskocil

Verified 2026-06-25verify at the court's site ↗

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 Vyskocil — standing order

C. Urgent Communications. Materials filed via ECF are generally reviewed within one business day of filing. If a given submission requires immediate attention, please notify Chambers by telephone after it is filed by ECF.

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 Vyskocil — standing order

9. Electronic Filing Under Seal in Civil and Miscellaneous Cases A. 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. The parties are also referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy and Notice Regarding Privacy and Public Access to Electronic Civil and Criminal Case Files (together “Privacy Policy”).

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 Vyskocil — standing order

3. Conferences A. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court. Revised: July 17, 2020 4 B. Participation by Junior Attorneys: The Court encourages the participation of less experienced attorneys in all proceedings — including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial — particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate. Nevertheless, all attorneys appearing before the Court must have authority to bind the party they represent consistent with the proceedings (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.

Know Before You Go
👤 Judge Vyskocil — deviations that burn people
  • 4. Motions A. General Rules i. Pre-Motion Submissions in Civil Cases. Parties wishing to file a motion to dismiss, a motion for summary judgment, a motion for judgment on the pleadings, a motion for sanctions, and any motions concerning discovery should, prior to filing any motion, request a pre-motion conference with the Court. Motions concerning discovery are discussed in Section 3(D) above. Pre-motion conferences are not required with respect to: • Motions by incarcerated pro se litigants; • Applications for temporary restraining orders; • Applications for injunctions; • Motions to remand; • Motions for reargument; • Motions described in Federal Rules of Appellate Procedure 4(a)(4)(A); • Applications for attorney’s fees; Revised: July 17, 2020 6 • Motions for reduction of sentences; • Objections to a Magistrate Judge’s ruling; • Motions brought on by order to show cause; • Motions for admission pro hac vice; To request a pre-motion conference, the party wishing to make a motion shall file a letter, not to exceed three pages, briefly describing the motion that is contemplated and summarizing the grounds for the proposed motion, and whether the motion is on consent of all parties. If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is filed. The Court will then determine whether to hold a pre-motion conference in the matter. Courtesy copies are not necessary unless otherwise directed by the Court. If a case has been referred to a magistrate judge for any reason that does not include dispositive motions, the parties should address pre-motion letters about dispositive motions to Judge Vyskocil, and Judge Vyskocil will hold any pre-motion conference and control the briefing schedule for the motion. If the contemplated motion is for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, the pre-motion conference letter must be accompanied by a copy of the movant’s Rule 56.1 statement and any letter in opposition must attach the non-movant’s Rule 56.1 Counter-Statement. See 5(C) below. The supporting exhibits need not be filed with the Court until the parties submit their actual motion (or opposition) and supporting memoranda. Pre-motion letters concerning a motion for summary judgment must be filed one week in advance of the Post-Discovery Conference (see ¶3E). The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint. ii. By a Pro Se Party. Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre- motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission. Any such Revised: July 17, 2020 7 response shall be due three business days after th
content assembled from published local rules & standing orders · click any section in the rail for the full treatment