Court Rules
district Judge
Verified Current2 days ago

Judge Lewis Kaplan

Individual Rules, Standing Orders & Policies

Southern District of New York

Limits & Logistics

Document Limits

Discovery Motion
4 pgs
Motion Memorandum
35 pgs
Reply Memorandum
10 pgs
Objection To Report
20 pgs
Brief
35 pgs
Proposed Findings Conclusions
20 pgs
Brief
25 pgs

Courtesy Copies

Filings (All filings)

Required

Filings

Required

Filings (Complaint, Answer, Reply)

Required

Filings (Pretrial Order)

Required

Filings (Brief)

Required

Filings (Brief, Record)

Required

Adjournments

Notice Required
5Business Days
Notice Required
2Business Days

Must Include

  • 1
    Copies To All Counsel
  • 2
    Reason For Request
  • 3
    Original Date
  • 4
    Number Of Previous Requests
  • 5
    Previous Requests Granted Or Denied
  • 6
    Adversary Position
  • 7
    Proposed New Dates

Must Include

  • 1
    Number Of Previous Requests
  • 2
    Previous Requests Granted Or Denied
  • 3
    Adversary Position
Notice Required
5Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Proposed New Dates
Notice Required
7Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Proposed New Dates

Communication

Phone

Chambers

Emergencies
No Status Inquiries
Letter Fax

Chambers

Advance Notice Required
Letter Ecf

Chambers

No Status Inquiries
Email

Clerk

No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationMemorandaECF FilingElectronicsTRO/InjunctionPage LimitsExhibits

Detailed Drafting Rules

Communication ProtocolImportant

Phone communication with chambers only allowed in emergencies.

Counsel are not to communicate with Chambers by phone except in case of emergency.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Status Inquiries
Communication ProtocolImportant

Fax communication with chambers requires prior approval.

Counsel are not to communicate with chambers via facsimile without prior approval.

Letter Fax

Direct to: Chambers

Requirements
  • Advance Notice Required
    prior_approval
Communication ProtocolImportant

Copies of correspondence between counsel should not be sent to the Court.

Letter via ECF

Direct to: Chambers

Prohibited
  • Status Inquiries
Format RequirementMandatory

Motions are to be filed without a return date.

Page or Word LimitMandatory

Discovery dispute motions are limited to 4 pages (excluding exhibits).

Discovery disputes shall be raised with the Court by motion filed electronically. The motion shall not exceed four (4) pages in length, including affidavits and declarations, but exclusive of exhibits.

Format RequirementImportant

Supreme Court case citations must include official reports and parallel cites to Supreme Court Reporter.

Citations to United States Supreme Court cases shall contain citations to the official reports and parallel cites to the Supreme Court Reporter, respectively.

Page or Word LimitMandatory

Motion memoranda limited to 35 pages; reply memoranda limited to 10 pages; tables required for motions over 10 pages.

Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities. Reply memoranda may not exceed ten (10) pages, double spaced, in length.

Page or Word LimitMandatory

Reply memoranda limited to 10 pages, double spaced.

Reply memoranda may not exceed ten (10) pages, double spaced, in length.

Adjournment RequirementImportant

Page limit extensions must be requested 5 days before due date (1 day for reply briefs).

Requests to file memoranda exceeding the page limits set forth herein must be made five (5) days prior to the due date except with respect to reply briefs, in which case the time is the day prior to the due date.

Notice Required

5Business Days

Before deadline or appearance

Applies to:
Extension
Page or Word LimitMandatory

Objections to magistrate reports limited to 20 pages.

Objections to reports and recommendations, and appeals from orders of, Magistrate Judges shall not exceed twenty pages in length.

Communication ProtocolNote

Court does not notify parties of extension/adjournment dispositions; counsel must check docket.

The Court will not advise the parties by telephone or mail of the disposition of requests for extensions and adjournments. Counsel are responsible for checking the docket sheet in the Clerk's office in person, by use of a service, or through use of the Court's ECF system.

Phone

Direct to: Chambers

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Communication ProtocolNote

Counsel responsible for knowing all rulings regardless of notice received; check CM/ECF system.

Counsel are responsible for knowledge of all rulings and other papers regardless of whether they receive electronic or written notice thereof. The docket sheet and electronic copies of papers are available online through the CM/ECF system.

Email

Direct to: Clerk

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page or Word LimitMandatory

Page limits for motions apply to bankruptcy appeal briefs.

The page limits applicable to memoranda of law on motions apply to briefs on bankruptcy appeals.

Communication ProtocolMandatory

Communication with chambers by phone is restricted to emergencies and fax communication requires prior approval.

Counsel are not to communicate with Chambers by phone except in case of emergency. Counsel are not to communicate with chambers via facsimile without prior approval.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCOMMUNICATIONS
Communication ProtocolMandatory

Fax communication with chambers requires prior approval.

Counsel are not to communicate with chambers via facsimile without prior approval.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    prior approval required
Page 1
|SecCOMMUNICATIONS
Communication ProtocolMandatory

Only enumerated letter motions may be filed electronically; other letters must be mailed, couriered, or delivered to court security and not filed on CM/ECF.

Letter motions enumerated in Section 13.1 of the ECF Rules and Instructions may be filed electronically. Other letters shall be mailed or sent by commercial courier to the undersigned or delivered to the court security officers at the Worth Street entrance, 200 Worth Street. Letters, other than enumerated letter motions, shall not be filed on the CM/ECF system.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecLETTERS
Page or Word LimitMandatory

Discovery dispute motions are limited to 4 pages including affidavits/declarations, excluding exhibits.

The motion shall not exceed four (4) pages in length, including affidavits and declarations, but exclusive of exhibits.

Page 2
|SecDiscovery Disputes
Format RequirementImportant

Supreme Court case citations must include official reports and parallel cites to Supreme Court Reporter.

Citations to United States Supreme Court cases shall contain citations to the official reports and parallel cites to the Supreme Court Reporter, respectively.

Applies When:Document Type Set Undefined
Page 2
|SecBriefs and Motion Papers
Page or Word LimitMandatory

Opening and opposition memoranda limited to 35 pages double spaced; reply memoranda limited to 10 pages.

Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities. Reply memoranda may not exceed ten (10) pages, double spaced, in length.

Document RequirementMandatory

Memoranda over 10 pages must include tables of contents and authorities.

Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities.

Document Type

Brief

Content & Formatting
Table Of Contents
Table Of Authorities
Format RequirementImportant

Exhibits to memoranda must be tabbed and indexed.

All exhibits to memoranda and other papers should be tabbed and indexed.

Applies When:Document Type Set Undefined
Adjournment RequirementImportant

Requests to exceed page limits must be made 5 days before due date (1 day for reply briefs).

Requests to file memoranda exceeding the page limits set forth herein must be made five (5) days prior to the due date except with respect to reply briefs, in which case the time is the day prior to the due date.

Notice Required

5Calendar Days

Before deadline or appearance

Required Content

1
Reason For Request
2
Original Date
3
Proposed New Dates
Applies to:
Extension
Page or Word LimitMandatory

Objections to magistrate judge reports limited to 20 pages.

Objections to reports and recommendations, and appeals from orders of, Magistrate Judges shall not exceed twenty pages in length.

Communication ProtocolNote

Court will not notify parties of extension/adjournment decisions; counsel must check docket.

The Court will not advise the parties by telephone or mail of the disposition of requests for extensions and adjournments. Counsel are responsible for checking the docket sheet in the Clerk's office in person, by use of a service, or through use of the Court's ECF system.

Phone

Direct to: Chambers

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Communication ProtocolMandatory

Counsel responsible for knowing all rulings regardless of notice received; check CM/ECF.

Counsel are responsible for knowledge of all rulings and other papers regardless of whether they receive electronic or written notice thereof. The docket sheet and electronic copies of papers are available online through the CM/ECF system.

Letter via ECF

Direct to: Clerk

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page or Word LimitMandatory

Page limits for motion memoranda also apply to bankruptcy appeal briefs.

The page limits applicable to memoranda of law on motions apply to briefs on bankruptcy appeals.

Page 7
|SecBANKRUPTCY APPEALS

More Judges in Southern District of New York

Judge Alison J. Nathan
visiting
Judge Alvin K. Hellerstein
district
Judge Analisa Torres
district
Judge Andrew E. Krause
magistrate
Judge Andrew L Carter Jr
district
Judge Arun Subramanian
district
Judge Barbara Moses
magistrate
Judge Cathy Seibel
district