Judge Laura Taylor Swain
Limits & Logistics
Document Limits
Courtesy Copies
Filings (All filings)
Required
Filings (Proposed Order, Proposed Judgment, Stipulation)
Required
Filings
Required
Filings (Trial Memorandum)
Required
Adjournments
Must Include
- 1Reason For Request
- 2Original Date
- 3Number Of Previous Requests
- 4Previous Requests Granted Or Denied
Must Include
- 1Reason For Request
- 2Adversary Position
Communication
Letter Ecf
Intake Unit
In Person
Court
Chambers
Chambers
Phone
Clerk
Phone
Intake Unit
Detailed Drafting Rules
Pro se parties must submit all filings and communications through the Pro Se Intake Unit.
Pro se parties are directed to submit all filings and communications addressed to Judge Swain, whether related to a case pending before the Court, or to a matter the party wishes to direct to Judge Swain in her capacity as Chief Judge, through the Court’s Pro Se Intake Unit.
Letter via ECF
Direct to: Intake Unit
- Status Inquiries
Attorneys must address all remarks to the Court, not opposing counsel.
(11) Please address all remarks to the Court, not to opposing counsel.
In Person
Direct to: Court
- Prohibitions
Depositions should be offered as relevant extracts, not in entirety.
Depositions are not generally to be offered in their entirety. Except in the rare instance where all the testimony is relevant, copy the relevant pages only, staple the extracts from each deposition, and offer each as an exhibit.
Document Type
Depositions
Attorneys must stand when addressing the Court or making objections, except those with physical disabilities.
(3) Please stand whenever you address the Court. This includes the making of objections. (Counsel with physical disabilities will be excused from this requirement as necessary.)
In Person
Direct to: Court
- Exemptions
Attorneys must maintain distance from jury and use podium unless given permission to approach.
(4) Please stand a respectful distance from the jury at all times, addressing the jury and witnesses from the podium only, unless the Court gives you permission to approach the witness or to publish an exhibit to the jury.
In Person
Direct to: Jury
- Locationpodium_only
- Exceptionscourt_permission_required
Attorneys must stand at podium when questioning witnesses and avoid pacing.
(6) Stand at the podium when you question witnesses. (Counsel with physical disabilities will be excused from this requirement as necessary.) Do not pace about the courtroom when making arguments or questioning witnesses. This distracts the jury and wastes time.
In Person
Direct to: Witnesses
- Locationpodium_only
- Exemptions
- Prohibitions
Attorneys must not face or address jurors when questioning witnesses.
(9) Do not face or otherwise appear to address yourself to jurors when questioning a witness.
In Person
Direct to: Jury
- Prohibitions
Attorneys may discuss expected jury instructions but cannot read or quote them.
(10) The jury should hear the instructions on the law of the case from the Court, an impartial source. In your final argument, you may tell the jury what you believe the substance of the Court’s instruction on a particular subject will be, but do not read or quote any instruction.
In Person
Direct to: Jury
- Permissions
- Prohibitions
Attorneys must avoid disparaging remarks and remain professional toward opposing counsel.
(12) Avoid disparaging or disrespectful personal remarks or acrimony toward opposing counsel and remain wholly detached from all ill feeling between
In Person
Direct to: Opposing Counsel
- Prohibitions
Attorneys must refer to all persons by surname, not first name.
(13) Please refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.
In Person
Direct to: All Persons
- Required Form Of Addresssurname_only
Only one attorney per party may examine/cross-examine each witness; objector gets cross.
(14) Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, will be the attorney recognized for cross-examination.
In Person
Direct to: Witnesses
- Objector Gets Cross
- One Attorney Per Party
Attorneys must not repeat or echo witness answers during examination.
(15) In examining a witness, counsel should not repeat or echo the answer given by the witness.
In Person
Direct to: Witnesses
- Prohibitions
Gestures, facial expressions, and audible comments by counsel table are prohibited.
(16) Counsel must admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.
In Person
Direct to: Counsel Table
- Prohibitions
Direct submissions to Judge Swain's chambers by pro se parties may be disregarded.
Submissions emailed, mailed, or faxed directly to Judge Swain’s chambers by pro se parties may be disregarded.
Direct to: Chambers
- Status Inquiries
All letters to the Court must be filed electronically on ECF unless sealed or containing sensitive/confidential information.
Communications with Chambers must be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information that the sender believes should not be filed electronically (see subdivision A.5 below), all letters to the Court must be filed electronically on the ECF system.
Letter via ECF
Direct to: Chambers
- Status Inquiries
Letters to the Court are limited to 3,500 words.
letters (together with any related exhibits) may not exceed 3,500 words.
Letters between parties/counsel not addressed to the Court may not be filed on ECF.
Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document).
Letter via ECF
Direct to: Chambers
- Status Inquiries
Represented parties should communicate with chambers by email to SwainNYSDCorresp@nysd.uscourts.gov, copying all counsel.
Communications with Chambers by represented parties should be made by email, directed to SwainNYSDCorresp@nysd.uscourts.gov. All counsel must be copied, unless the email concerns an ex parte matter.
Direct to: Chambers
- Status Inquiries
Represented parties should email chambers for docketing, scheduling, and calendar matters.
For docketing, scheduling and calendar matters, represented parties should email Chambers, copying all counsel, at SwainNYSDCorresp@nysd.uscourts.gov.
Direct to: Chambers
- Status Inquiries
Email Chambers notice of TRO filing with requested timeframe.
The moving party should then email chambers at SwainNYSDCorresp@nysd.uscourts.gov, giving notice of the filing and the time frame requested for Court action.
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.
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.
Memoranda of 10+ pages must include a table of contents.
Memoranda of 10 pages or more must contain a table of contents.
Document Type
Memorandum Of Law
If no Chambers response within 2 hours for time-sensitive matters, call Clerk’s Office.
If the matter is time sensitive and Chambers does not respond within two (2) hours, the moving party may contact the Clerk’s Office before the end of the business day at (212) 805-0140.
Phone
Direct to: Clerk
- Hoursbefore the end of the business day
Pro se parties must contact Pro Se Intake Unit for sealed filing direction.
Pro se parties who wish to seek permission to file documents under seal, and who do not have permission to file documents electronically, are directed to contact the Court’s Pro Se Intake Unit, at the contact information provided on the Court’s website, see https://www.nysd.uscourts.gov/prose/role-of-the-prose-intake-unit/contact, for appropriate direction.
Direct to: Intake Unit
- Status Inquiries
Pro se filings must go through Pro Se Intake Unit, not directly to chambers.
All filings and communications from by pro se parties must be filed through the Pro Se Intake Unit, and must not be emailed, mailed, or faxed directly to chambers.
Direct to: Intake Unit
- Status Inquiries
Pro se parties should not call chambers; use Pro Se Intake Unit instead.
pro se parties should not call chambers; procedural questions should instead be addressed to the Court’s Pro Se Intake Unit.
Phone
Direct to: Intake Unit
- Status Inquiries