Judge Richard J. Sullivan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Upon Filing
- 2 copies
Pleading, Correspondence, Letter Motion
- 1 copy • Email
Adjournments
- Extension requests must be made by letter at least 2 business days before deadline.
- Revised Scheduling Order required if extension affects other dates.
- Extension requests must include original date, reasons, previous requests, and adversary consent.
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits4 rules
a pretrial memorandum, not to exceed 10 pages.
- Pretrial memorandum
- Up to 10 pages
Each exhibit – other than the complaint – is limited to fifteen pages.
- Exhibit
- Up to 15 pages
Affidavits may not exceed ten double-spaced pages.
- Affidavit
- Up to 10 pages
- Format
- Double-spaced
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages.
- Memorandum of law
- Up to 25 pages
- Reply memorandum
- Up to 10 pages
Document Format Requirements7 rules
Proposed voir dire questions – a copy of which shall be e-mailed to chambers in a Word version – which shall include the text of any requested question and should consist of a single document and note any areas of disagreement between the parties;
- File type
- Word
- Proposed voir dire questions
Formatting
- •Must be emailed to chambers
- •Include text of requested questions
- •Must be single document
- •Note areas of disagreement
Proposed jury instructions must be emailed to chambers in Word format with citations.
- File type
- Word
- Proposed jury instructions
Formatting
- •Include text of requested instructions
- •Include citations to authority
- •Must be single document
- •Note areas of disagreement
Court's wording
Proposed jury instructions – a copy of which shall be e-mailed to chambers in a Word version – which shall include the text of any requested instruction and a citation, if relevant, to the authority from which such instruction derives, and should consist of a single document and note any areas of disagreement between the parties;
A proposed verdict form – a copy of which shall be e-mailed to chambers in a Word version – which should consist of a single document and note any areas of disagreement between the parties;
- File type
- Word
- Proposed verdict form
Formatting
- •Must be emailed to chambers
- •Must be single document
- •Note areas of disagreement
Proposed findings of fact and conclusions of law – a copy of which shall be e- mailed to chambers in a Word version – which should be detailed and note any areas of disagreement between the parties and, for each proposed factual finding, shall include citations to the record;
- File type
- Word
- Proposed findings of fact and conclusions of law
Formatting
- •Must be emailed to chambers
- •Must be detailed
- •Note areas of disagreement
- •Include citations to record for each factual finding
Documentary evidence must be compiled in tabbed binders organized by exhibit number.
- Documentary evidence
Formatting
- •Contact court if volume makes compliance impractical
Court's wording
All documentary evidence, which shall be compiled in tabbed binders containing all documentary exhibits organized by exhibit number. If the number of exhibits is so voluminous as to make compliance with this rule impractical, the parties shall contact the Court for guidance.
Footnotes shall (1) be produced in a font size of twelve point or higher, and (2) be single-spaced with a twelve point space between footnotes appearing on the same page.
- Font size
- 12 points
- Line spacing
- Single
Formatting
- •12pt space between footnotes on same page
All memoranda of law shall (1) be produced in a font size of twelve point or higher, (2) be double-spaced, and (3) have one-inch margins on all sides.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Document Filing Requirements12 rules
In criminal matters, proposed stipulations and orders are to be submitted directly to Chambers at CA02_RJSChambers@ca2.uscourts.gov.
Civil stipulations/orders filed on ECF or emailed to judgments@nysd.uscourts.gov.
Court's wording
In civil matters, proposed stipulations and orders are to be filed electronically on the court’s ECF system using the Filing Events found under PROPOSED ORDERS. Alternatively, civil stipulations and orders may be submitted in both PDF and Word version through the Orders and Judgments Clerk at judgments@nysd.uscourts.gov. Courtesy hard copies need not be sent to chambers.
Affidavits must be submitted as originals to be marked as exhibits at trial.
- Document
- Affidavit
Must include
- •Exhibits
Court's wording
Affidavits – the originals of which shall be marked as exhibits at trial – constituting the direct testimony of each trial witness, except for testimony of an adverse party, a person whose attendance must be compelled by subpoena, or a person for whom a party has requested and from whom the Court has agreed to hear direct testimony during the trial;
Provide index of admissible exhibits 3 days before trial in non-jury cases.
- Document
- Exhibits
Must include
- •Index
Court's wording
In addition, with respect to the documentary evidence previously submitted pursuant to Rule 4.C.1.iii, the parties shall provide chambers with an index of the exhibit numbers that the Court has deemed admissible; to the extent that the Court has not ruled on an exhibit(s) to which a party objects, the index shall clearly note any such exhibit(s) as well. The index shall not list exhibits that the Court previously deemed inadmissible.
No affidavits/exhibits in discovery dispute letters without permission; attach specific request if refusal to respond.
Court's wording
As a general matter, affidavits and exhibits are not permitted in connection with discovery dispute letters without prior written request and permission. However, when the dispute concerns the refusal to respond to a specific written request, the parties shall attach that request.
The notice of motion shall state that oral argument will be “on a date and at a time designated by the Court.”
Parties are limited to a total of fifteen exhibits, including exhibits attached to an affidavit, in support of or in opposition to any motion.
- Document
- Motion
Include
- •Exhibits
Sur-reply memoranda will not be accepted without prior permission of the Court.
Memoranda of 10 pages or more shall contain a table of contents.
- Document
- Memorandum of law
Must include
- •Table of contents
Westlaw citations shall be provided, if available, to cases not available in an official reporter. Parties must provide copies of cases that are not available on Westlaw.
Must include
- •Westlaw citation
Parties are limited to a total of five affidavits each in support of or in opposition to a motion.
- Document
- Motion
Include
- •Affidavits
If possible, the exhibits should be excerpted to include only the relevant material.
- Document
- Exhibit
Should include
- •Exhibits
Filing & Service rules
Courtesy Copy Requirements
two courtesy copies of which the party shall also submit to chambers
two courtesy copies of which the party shall also submit to chambers
Page 6 | D. Additional Submissions in Non-Jury Cases
Hard and electronic courtesy copies required for all motion papers.
Regarding all motion papers, including exhibits submitted in connection with a motion, a party shall submit a hard courtesy copy and, via e-mail, an electronic courtesy copy thereof to chambers at the time the papers are served.
A courtesy copy of each submission described in this pretrial section should be provided to chambers on the date that the submission is filed or served.
A courtesy copy of each submission described in this pretrial section should be provided to chambers on the date that the submission is filed or served.
Electronic courtesy copy only required for pleadings and correspondence.
As for pleadings and correspondence (e.g., letter motions), a party need only e-mail a courtesy copy to chambers.
Sealing & Redaction Procedures
Sealing application requires affidavits, memorandum of law, and specific case citations.
Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), in a civil case or United States v. Amodeo, 71 F.3d 1044 (2d Cir. 1995), in a criminal case, and any other controlling authority.
No sealed filings without court order addressing specific documents.
No document may be filed with the Clerk under seal without an order of this Court addressing the specific documents to be sealed.
Sealing application must include proposed redacted version for public docketing.
The application shall also include a proposed redacted version of the document(s) in question for public docketing.
Rule 5.2 redactions may be made without court application.
Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2. The redactions expressly authorized by Rule 5.2 may be made without application to the Court.
Filing Bundling Requirements
If a party intends to introduce exhibits at a hearing, that party shall before the hearing begins submit two tabbed binders containing all documentary exhibits organized by exhibit number. If the number of exhibits is so voluminous as to make compliance with this rule impractical, the parties shall contact the Court for guidance.
If a party intends to introduce exhibits at a hearing, that party shall before the hearing begins submit two tabbed binders containing all documentary exhibits organized by exhibit number. If the number of exhibits is so voluminous as to make compliance with this rule impractical, the parties shall contact the Court for guidance.
Page 7 | Exhibits
In non-jury cases, submit additional exhibits 3 days before trial with objections noted.
In non-jury cases, three days prior to trial, the parties shall submit to chambers any additional documentary evidence not previously included in the binders submitted pursuant to Rule 4.C.1.iii. Any such additional documentary evidence shall be organized by exhibit number (continuing from the numbers in the previously submitted binders), and objections to an exhibit shall be clearly noted.
Page 7 | Exhibits
In jury cases, three days prior to trial, each party shall submit to chambers two sets of tabbed binders containing all documentary exhibits organized by exhibit number. If the number of exhibits is so voluminous as to make compliance with this rule impractical, the parties shall contact the Court for guidance.
In jury cases, three days prior to trial, each party shall submit to chambers two sets of tabbed binders containing all documentary exhibits organized by exhibit number. If the number of exhibits is so voluminous as to make compliance with this rule impractical, the parties shall contact the Court for guidance.
Page 7 | Exhibits
Non-ECF motion papers must be filed promptly after service.
Motion papers not filed and served via ECF shall be filed promptly after service.
Pre-Motion Conference Requirements
Pre-motion letter limited to 3 pages.
To arrange a pre-motion conference, the moving party shall submit a letter in accordance with Rule 1.A, not to exceed three pages in length, setting forth the basis for the anticipated motion.
Page 2 | Pre-Motion Conferences in Civil Cases
As a general matter, affidavits and exhibits are not permitted in connection with pre-motion letters without prior written request and permission. However, when submitting a pre-motion letter regarding a request to amend a pleading, the moving party shall attach: (1) the proposed amended pleading, and (2) a blackline comparison of the operative pleading and proposed amended pleading.
As a general matter, affidavits and exhibits are not permitted in connection with pre-motion letters without prior written request and permission. However, when submitting a pre-motion letter regarding a request to amend a pleading, the moving party shall attach: (1) the proposed amended pleading, and (2) a blackline comparison of the operative pleading and proposed amended pleading.
Page 2 | Pre-Motion Conferences in Civil Cases
Response to pre-motion letter due within 3 business days, max 3 pages.
All parties served with the letter must submit a letter response, not to exceed three pages, within three business days from submission of the notification letter.
Page 2 | Pre-Motion Conferences in Civil Cases
Response letters must address moving party's arguments; no reply letters allowed.
Response letters shall directly address the arguments and authorities set forth in the moving party’s letter. No party shall submit a reply letter.
Page 2 | Pre-Motion Conferences in Civil Cases
Pre-motion conference required for most civil motions except specified exceptions.
For motions other than discovery motions, a pre-motion conference with the Court is required before making any motion, except motions previously authorized by the Court, motions brought by order to show cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for re-argument or reconsideration, motions for appointment of lead plaintiffs and counsel in class actions, motions for remand, motions for a preliminary injunction, motions brought pursuant to Local Rule 6.3, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.
Page 2 | Pre-Motion Conferences in Civil Cases
Joint letter must describe issues, positions, and supporting authority.
The joint letter shall also describe concisely the issues in dispute and the respective positions of each party, citing the applicable authority that the respective parties claim for support.
Parties must confer before filing joint discovery dispute letter.
Before filing the joint letter, the parties shall confer in an effort to resolve the dispute without court action, and the joint letter shall describe the time, place and duration of such discussions, naming the counsel involved.
Separate or successive discovery dispute letters will not be read.
Separate and successive letters will not be read.
Unless otherwise directed, and before making any discovery motion, counsel should describe their discovery disputes in a single letter, jointly composed, not to exceed five pages.
Unless otherwise directed, and before making any discovery motion, counsel should describe their discovery disputes in a single letter, jointly composed, not to exceed five pages.
Party may submit letter without opposing party's contribution if no response within 72 hours.
If an opposing party refuses to participate in writing a joint letter or does not provide its portion of a joint letter within 72 hours of a party’s request, a party may submit a letter without the opposing party’s contribution and shall attach a copy of the correspondence seeking the opposing party’s contribution.
Pre-motion letter for pre-answer motion to dismiss stays answer obligation until conference.
A party’s submission of a pre-motion letter seeking leave to file a pre-answer motion to dismiss will stay that party’s obligation to answer or move against the complaint through the date of the pre-motion conference.
Page 2 | Pre-Motion Conferences in Civil Cases
Adjournment & Extension Requirements
Extension requests must be made by letter at least 2 business days before deadline.
Requests for adjournments, extensions of time, extensions of page lengths in memoranda, etc., shall be made by letter, and not by stipulation sent through the Orders and Judgments Clerk. Absent an emergency, such requests must be received in chambers at least two business days prior to the scheduled appearance or deadline.
Page 1 | Communications with Chambers
Revised Scheduling Order required if extension affects other dates.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.
Page 1 | Communications with Chambers
Extension requests must include original date, reasons, previous requests, and adversary consent.
All requests for adjournments or extensions of time must state (1) the original date set for the appearance or deadline, (2) the reason(s) for the request, (3) the number of previous requests for adjournment or extension, (4) whether these previous requests were granted or denied, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Page 1 | Communications with Chambers
Chambers Communication Rules
Letters from represented parties must be docketed on ECF and emailed as PDF to chambers.
Letters on behalf of parties represented by counsel must be both docketed on ECF and e-mailed as a PDF attachment to the following address: CA02_RJSChambers@ca2.uscourts.gov.
Page 1 | Communications with Chambers
Phone calls to chambers only for immediate attention situations.
Telephone calls to chambers are permitted only in situations requiring immediate attention. In such situations only, call (212) 857-2450.
Page 1 | Communications with Chambers
Junior Lawyer Participation Incentives
Junior lawyers encouraged to participate in oral argument; multiple lawyers permitted.
Where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. The Court is amenable to permitting more than one lawyer to argue for a party, especially where it creates an opportunity for a junior lawyer to argue.