Motion Practice
S.D.N.Y. — ## S3.
S3. Motion Practice
Letter-Motion Model
SDNY operates a letter-motion model for routine matters. Rule 7.1(e) permits letter-motions for:
- Extensions of time
- Adjournments
- Premotion conferences
- Nondispositive matters
Other motions cannot be brought by letter unless authorized by the assigned judge's individual practices. This makes letter-motion practice particularly judge-dependent in SDNY.
Formal Motion Requirements (Rule 7.1(a))
All formal motions must include:
- Notice of motion or order to show cause specifying the rules and statutes relied upon and the relief sought
- Memorandum of law with headings
- Supporting affidavits and exhibits
Oppositions and replies must also comply with these requirements.
Non-Final Motions (Rule 6.2)
A memorandum or oral decision on a non-final motion constitutes the order unless the court directs an extended form order.
Ex Parte Applications (Rule 6.1(d))
No ex parte order or order to show cause will be granted except upon:
- Clear and specific showing by affidavit with good and sufficient reasons why a notice of motion is not appropriate
- Disclosure of whether any previous application for similar relief was made
Motions for Reconsideration (Rule 6.3)
| Requirement | Details |
|---|---|
| Deadline | 14 days after entry of the challenged order |
| Content | Must include memorandum setting forth matters or controlling decisions the court overlooked |
| Word limit (main) | 3,500 words |
| Word limit (reply) | 1,750 words |
Motions in Limine (Rule 6.4)
Must include certification that the party conferred or attempted to confer with the opposing party in a good faith effort to resolve the issues without court intervention.