Court Rules
district Judge
Verified Current9 days ago

Judge Paul G. Gardephe

Southern District of New York

Limits & Logistics

Document Limits

Letter
5 pgs
Motion Memorandum
25 pgs

Courtesy Copies

Filings (Indictment, Criminal Complaint)

Required

Filings

Not Required

Filings (>5 pages)

Required

Filings

Required

Filings (Joint Pretrial Order)

Required

Filings (Pleading)

Required

Filings (Initial Pleading)

Required

Filings (Proposed Order)

Required

Adjournments

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
  • 7
    Deadline Sought To Be Extended
  • 8
    Length Of Extension Requested
  • 9
    Court Rulings On Previous Requests
  • 10
    Reason For Current Request
  • 11
    Adversary Consent Status
  • 12
    Adversary Reasons For Refusal
  • 13
    Date Of Scheduled Appearance
  • 14
    Length Of Adjournment Requested
  • 15
    Suggested Available Dates
Notice Required
2Business Days

Communication

In Person

Adversary

Settlement Discussion
No Timing, Duration
Email

Court And Adversaries

Scheduling Conflict Notification
Required Content
No Timing, Notice Period
Letter Ecf

Chambers

Scheduling
Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

Emergencies
Advance Notice Required
No Hours, Status Inquiries
Letter Fax

Chambers

Scheduling
Advance Notice Required
No Hours, Status Inquiries
Sidebar

Court

No Description, Status Inquiries
Filters:AllMandatoryFormattingCommunicationLettersDiscoveryMemorandaSettlementConferencesTOC/TOATypography

Detailed Drafting Rules

Communication ProtocolMandatory

Counsel must meet face-to-face for at least one hour to discuss settlement within 14 days after fact discovery closes.

No later than 14 days following the close of fact discovery, all counsel must meet face-to-face for at least one hour to discuss settlement.

In Person

Direct to: Adversary

Approved Topics
Settlement Discussion
Prohibited
  • Timing
    within_14_days_of_fact_discovery_close
  • Duration
    at_least_1_hour
Page 3
|SecCIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Communication ProtocolMandatory

Ready Trial Date set after discovery/dispositive motion; 48-hour notice for trial; counsel must report scheduling conflicts in advance.

At the close of discovery or, if a party has filed a dispositive motion, then within 30 days of a decision resolving the motion, the Court will set a Ready Trial Date. At any time on or after the Ready Trial Date, the Court may call the parties to trial upon 48 hours' notice. Therefore, counsel must notify the Court and their adversaries in writing of any potential scheduling conflicts – including, but not limited to, trials and vacations – that would prevent a trial at a particular time. Such notice must come before the Court notifies counsel of an actual trial date, not after counsel receives notification of the actual trial date. Counsel should notify the Court and all other counsel in writing, at the earliest possible time, of any scheduling problems involving out-of-town witnesses or other exigencies.

Email

Direct to: Court And Adversaries

Approved Topics
Scheduling Conflict Notification
Requirements
  • Required Content
Prohibited
  • Timing
    before_court_notifies_of_trial_date
  • Notice Period
    48_hours_for_trial
Page 3
|SecCIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Page or Word LimitMandatory

Letters to chambers are limited to 5 pages.

Letters may not exceed 5 pages in length.

Pre-Motion ProcedureMandatory

Pre-motion conference request letter limited to 5 pages.

To request a pre-motion conference, send the Court a letter of no more than 5 pages, describing the grounds for the proposed motion and whether the

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length5 pgs
Page 3
|SecMOTIONS
Communication ProtocolNote

Correspondence between counsel should not be sent to court.

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

Letter via ECF

Approved Topics
Status Inquiries
Pre-Motion ProcedureMandatory

Other parties must respond to pre-motion letter within 3 business days (max 5 pages).

The moving party shall serve the other parties with a copy of the pre-motion letter and shall request that the other parties submit a letter setting forth its position, of no more than 5 pages, within 3 business days after the request is made.

Pre-Motion Conference

Check specific requirements before filing.

Page 4
|SecMOTIONS
Page or Word LimitMandatory

Motion memoranda limited to 25 pages, reply memoranda to 10 pages.

Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 double-spaced pages, and reply memoranda are limited to 10 double-spaced pages.

Page 4
|SecMOTIONS
Format RequirementMandatory

Memoranda over 10 pages require TOC and TOA; 12-point font required.

Memoranda of 10 pages or more shall contain a table of contents and a table of authorities. Both the text and footnotes must be in 12-point font.

Applies When:Page Threshold >= 10
Typography
Size12 pt
Page 4
|SecMOTIONS
Courtesy CopyMandatory

Courtesy copy required for ECF documents over 5 pages.

One courtesy copy of any document filed on ECF longer than five pages should be sent to Chambers.

Courtesy Copies Required

When: Page Threshold > 5
Logistics
Quantity1 Copy
TimingUpon Filing
MethodHand Delivery
Page 6
|SecCOURTESY COPIES
Document RequirementMandatory

Two copies of deposition excerpts required for evidence, with relevant pages only, stapled and offered as exhibits.

Counsel shall provide two copies to the Court of any deposition excerpts that are intended to be offered into evidence. Copy the relevant pages only, staple the extracts from each deposition, and offer each as an exhibit.

Document Type

Deposition Excerpts

Content & Formatting
Stapled Extracts
Offered As Exhibit
Relevant Pages Only
Two Copies To Court
Page 2
|Sec5. Depositions
Communication ProtocolMandatory

Sidebars during jury trials are discouraged and generally not permitted.

Sidebar

Direct to: Court

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Description
    Sidebars during jury trials are discouraged and generally not permitted
  • Status Inquiries
Page 2
|Sec7. Sidebars