Courtesy copies are required for all covered filings. Details: 1 copy, delivery promptly, by email. Courtesy copies of all filings must be emailed to Chambers promptly with ECF header
Judge Laura Taylor Swain's rules set a pre-motion procedure for covered motions. Motions in limine must be fully briefed one week before Final Pretrial Conference.
Judge Laura Taylor Swain's rule states these limits: 3500 words. Letters to the Court are limited to 3,500 words.
Judge Laura Taylor Swain's rule states these limits: attorney: 8750 words; pro se: 25 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. Word/page limits for memoranda of law: 8,750 words (attorney) or 25 pages (pro se) for support/opposition; 3,500 words (attorney) or 10 pages (pro se) for reply.
Judge Laura Taylor Swain's formatting rule includes binding tabbed 3-ring, exhibits must be assembled sequentially, number or letter visible on folder lip, and suitable container or box for ready reference. Court's exhibit copies must be in tabbed notebook or manila folders.
The rule requires exhibit list. Exhibits must be pre-marked before trial session begins.
The rule requires exhibit list. Three copies of final exhibit list required for Court.
Parties may contact Judge Laura Taylor Swain's witnesses by in person only as allowed by the rule. Only one attorney per party may examine/cross-examine each witness; objector gets cross.
A motion to seal is required for covered sealed filings before Judge Laura Taylor Swain. Process: file redacted on ecf and file unredacted to chambers. Request to file under seal/redacted must be by letter-motion or motion with specific reasons.
Judge Laura Taylor Swain's rules specify what an adjournment or extension request must include. The request must include reason for request, original date, number of previous requests, and previous requests granted or denied. Requests for adjournments or extensions must be filed on ECF as letter-motions.
No. The rule prohibits holding covered papers for bundling. Motion papers must be filed at time of service or promptly thereafter.
Attorneys must address all remarks to the Court, not opposing counsel.
Exhibits must be pre-marked before trial session begins.
Court's exhibit copies must be in tabbed notebook or manila folders.
Three copies of final exhibit list required for Court.
Court copy of each exhibit required before trial use.
Exchange exhibit copies with opposing counsel before trial.
Additional exhibit copies required for witnesses, deputy, reporter, opposing parties, and jury.
Counsel must verify exhibits sent to jury are genuine and admitted.
Court copies required for depositions offered into evidence.
Depositions should be offered as relevant extracts, not in entirety.
Attorneys must stand when addressing the Court or making objections, except those with physical disabilities.
Attorneys must maintain distance from jury and use podium unless given permission to approach.
Attorneys must stand at podium when questioning witnesses and avoid pacing.
Attorneys must not face or address jurors when questioning witnesses.
Attorneys may discuss expected jury instructions but cannot read or quote them.
Attorneys must avoid disparaging remarks and remain professional toward opposing counsel.
Attorneys must refer to all persons by surname, not first name.
Only one attorney per party may examine/cross-examine each witness; objector gets cross.
Attorneys must not repeat or echo witness answers during examination.
Gestures, facial expressions, and audible comments by counsel table are prohibited.
Pro se parties must submit all filings and communications through the Pro Se Intake Unit.
Direct submissions to Judge Swain's chambers by pro se parties may be disregarded.
All letters to the Court must be filed electronically on ECF unless sealed or containing sensitive/confidential information.
Letters to the Court are limited to 3,500 words.
Letters between parties/counsel not addressed to the Court may not be filed on ECF.
Represented parties should communicate with chambers by email to SwainNYSDCorresp@nysd.uscourts.gov, copying all counsel.
Represented parties should email chambers for docketing, scheduling, and calendar matters.
Requests for adjournments or extensions must be filed on ECF as letter-motions.
Criminal adjournment requests with sensitive/confidential information may be submitted by email instead of ECF.
Civil adjournment requests with sensitive/confidential information must be filed on ECF using sealed filing procedures.