Courtesy copies are required for all covered filings. Details: 1 copy, delivery as soon as practicable, by chambers copy. Criminal cases require prompt conference and indictment courtesy copy.
Yes. A pre-motion letter is required for rule 12. Motions to dismiss in fully counseled cases require pre-motion letter with arguments and case law, staying the answer deadline.
Judge Lewis Kaplan's rule states these limits: attorney: 8750 words; attorney: 3500 words; pro se: 25 pages; pro se: 10 pages. Attorney memoranda limited to 8,750 words (support/opposition) and 3,500 words (reply); pro se limited to 25 pages (support/opposition) and 10 pages (reply).
Judge Lewis Kaplan's formatting rule includes times new roman font, 12 point type, double spacing and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. Memoranda must use 12-point font, double-spacing, and one-inch margins.
The rule requires caption, judge name, and case number. Order To Show Cause for Default Judgment must be prepared and made returnable before Judge Karas in Courtroom 521.
The rule requires caption, judge name, case number, certificate of service, and statement of facts. Affidavit of service on defendant of conformed Order must be filed electronically on ECF before return date.
Parties may contact Judge Lewis Kaplan's chambers by phone only as allowed by the rule. Telephone calls to Chambers are not permitted.
The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf. Sealed filings must comply with ECF Rules and Instructions; Court will not file non-compliant documents.
Requests should be made at least 5 business days in advance when this rule applies before Judge Lewis Kaplan. The request must include reason for request, original date, number of previous requests, previous requests granted or denied, and adversary position. Adjournment/extension requests must be filed as letter-motions at least 5 business days before the scheduled appearance.
No. The rule prohibits holding covered papers for bundling. No paper submissions to Chambers without Court request.
Order To Show Cause for Default Judgment must be prepared and made returnable before Judge Karas in Courtroom 521.
Order To Show Cause must include proposed default judgment, statement of damages, attorney’s affidavit, copies of pleadings, affidavit of service, and Clerk’s Certificate if applicable.
Order To Show Cause and all attachments must be filed electronically on ECF.
Court will provide conformed copy of signed Order for service on defendant.
Affidavit of service on defendant of conformed Order must be filed electronically on ECF before return date.
Civil conferences/proceedings held by telephone unless otherwise ordered.
Call (605) 472-5160 with Access Code 4653066 for civil conferences.
Letters should be filed via ECF unless sealed or containing sensitive/confidential information, which should be mailed.
Letter-motions for adjournments, extensions, and pre-motion conferences must be filed via ECF.
Electronic copy of Rule 56.1 statement required (except pro se cases).
Adjournment/extension requests must be filed as letter-motions at least 5 business days before the scheduled appearance.
Adjournment/extension letter-motions must include original date, previous requests, consent status, and adversary's reasons.
Opposing party must reproduce and respond to each Rule 56.1 entry.
Discovery extension requests past Case Management Order deadline go to Judge Karas; others go to magistrate judge with ECF copy.
ECF filing questions should be directed to Clerk's Office or ECF Hotline, not Chambers.
Do not contact Chambers to confirm ECF uploads; email for questions not answered by rules or urgent matters.
Telephone calls to Chambers are not permitted.
Faxes to Chambers are not permitted.
Non-compliance with Rule 56.1 may result in deemed admissions.
For scheduling matters, contact Ms. Dawn Bordes at KarasNYSDChambers@nysd.uscourts.gov.
Motions to dismiss in fully counseled cases require pre-motion letter with arguments and case law, staying the answer deadline.
Nonmovant must respond within 7 days to pre-motion letter, indicating amendment plans or reasons not to amend with supporting case law.
If nonmovant doesn't amend, Court schedules pre-motion conference to discuss issues and set briefing schedule.
Proposed case management and scheduling order required before initial conference.
Complaint dismissed based on pre-motion letter may be dismissed with prejudice as nonmovant had chance to amend.
Pre-motion conference letters limited to 3 pages; responses also limited to 3 pages within 7 days.
Use Court's Civil Case Management and Scheduling Order form.
Attorney memoranda limited to 8,750 words (support/opposition) and 3,500 words (reply); pro se limited to 25 pages (support/opposition) and 10 pages (reply).
Attorney briefs must include word count certification.
Memoranda of 10+ pages require table of contents.