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

Hon. Kimba M. Wood

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 Wood — standing order

all Chambers at (212) 805-0258. 2 Faxes and Email Communications Faxes and email communications to Chambers are permitted only if copies are also simultaneously faxed or emailed to all counsel. No document longer than 20 pages may be faxed or emailed without prior authorization from Chambers. Do not follow with a hard copy. Please refer to paragraph A for Chambers email address and fax number. Scheduling and Calendar Matters For criminal scheduling and calendar matters, call Ms. Sara Tomasello, Esq. at (212) 805-0125 between 8:00 a.m. and 3:00 p.m. Hand Deliveries Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Courthouse; it may not be brought directly to Chambers. If the hand- delivered letter is urgent and requires the Court’s immediate attention, however, ask the Court Security Officers to notify Chambers that an urgent letter has arrived that needs to be retrieved by Chambers staff immediately. Requests for Adjournments or Extensions of Time All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. The letter-motion must state: (1) the original due date, (2) the number of previous requests for adjournments or extensions of time, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached to the motion. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance. If a request contains sensitive or confidential information, it may be submitted by email to Chambers inbox at: woodnysdchambers@nysd.uscourts.gov, faxed to (212) 805-7900, or hand delivered in lieu of being filed electronically. Related Case After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related (e.g., 11 Civ 1234 [rel. 10 Civ. 4321]).

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 Wood — standing order

5. ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES 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. 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; home addresses; and information regarding an individual’s cooperation with the government. Sensitive information and information requiring caution must not be included in any document filed with the Court 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. Sealing/Redaction Requiring Court Approval Motions or Letter Motions 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, 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 Wood — standing order

nsions and pre-motion conferences with respect to discovery disputes should be filed as letter-motions. Discovery Motions In civil cases – counsel are expected to comply with the Southern District Local Civil Rule 37.2 with the following modifications. 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 may file on ECF a letter- motion to the Court, no longer than three (3) pages, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond, it must call Chambers within one (1) business day to advise that a responsive letter will be forthcoming and do so by letter to the Court not exceeding three (3) pages within three (3) business days of the filing of the original letter-motion; and In criminal cases – counsel are expected to comply with the Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit. Courtesy Copies One set of all motion papers, marked as such, should be submitted to the Court in accordance with the S.D.N.Y. policies regarding hand deliveries or mail deliveries. The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header. Memoranda of Law All memoranda of law shall conform to Local Civil Rule 11.1. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five (25) pages. Reply memoranda are limited to ten (10) pages. Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities. Filing of Motion Papers Notice of motion and motion papers shall be filed with the Court promptly after service. The moving party is further obligated to furnish to Chambers a full set of courtesy copies of the motion papers at the time the motion becomes fully briefed. A Court Order is 5 required to extend the briefing schedule beyond the time frame set out in Local Civil Rule 6.1(b). Oral Argument on Motions Parties may request oral argument at the time they file their moving, opposing or reply papers, by filing on ECF a letter specifically requesting oral argument. The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument. Motions for Summary Judgment 56.1 Statement. Any party wishing to file a motion for summary judgment or partial summary judgment (the “moving party”) shall inform the Court of its wish to file a summary judgment motion, and shall attach to its request a Local Civil Rule 56.1 Statement (the “56.1 Statement”). The 56.1 Statement must contain only one factual assertion in each

Know Before You Go
👤 Judge Wood — deviations that burn people
  • hment greater than ten (10) pages. In such cases, counsel should ensure that the courtesy copy is a copy of the filed version of the letter and includes the automatically generated ECF header (that is, the text - e.g., “Case 1:18-CV-01234-ABC Document 100 Filed 01/1/18 Page 1 of 1” - appearing at the top of each page of a document on the ECF system). Copies of correspondence between counsel shall not be sent to the Court (except as exhibits to an otherwise properly filed document). ECF In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website, at http://www.nysd.uscourts.gov/ecf_filing.php. Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. Telephone Calls For criminal scheduling and calendar matters, call Law Clerk / Deputy, Sara Tomasello at (212) 805-0125. Otherwise, telephone calls to Chambers are permitted only in situations requiring immediate attention. In such situations, call Chambers at (212) 805-0258. 2 Faxes and Email Communications Faxes and email communications to Chambers are permitted only if copies are also simultaneously faxed or emailed to all counsel. No document longer than 20 pages may be faxed or emailed without prior authorization from Chambers. Do not follow with a hard copy. Please refer to paragraph A for Chambers email address and fax number. Scheduling and Calendar Matters For criminal scheduling and calendar matters, call Ms. Sara Tomasello, Esq. at (212) 805-0125 between 8:00 a.m. and 3:00 p.m. Hand Deliveries Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Courthouse; it may not be brought directly to Chambers. If the hand- delivered letter is urgent and requires the Court’s immediate attention, however, ask the Court Security Officers to notify Chambers that an urgent letter has arrived that needs to be retrieved by Chambers staff immediately. Requests for Adjournments or Extensions of Time All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. The letter-motion must state: (1) the original due date, (2) the number of previous requests for adjournments or extensions of time, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached to the motion. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance. If a request contai
content assembled from published local rules & standing orders · click any section in the rail for the full treatment