Court Rules
Judge

Judge Lewis Kaplan

Individual Rules, Standing Orders & Policies

Rules last changed:
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

Courtesy Copies

All filings

  • 2 copies • Hand Delivery • Upon Filing

All Motions

  • 2 copies • Hand Delivery • Upon Filing

Brief

  • 2 copies • Immediately Upon Filing

Brief, Record

  • 2 copies • Immediately Upon Filing

Adjournments

5Business Daysnotice
  • Page limit extensions must be requested 5 days before due date (1 day for reply briefs).
2Business Daysnotice
  • Extension/adjournment requests require 2 business days advance notice with copies to all counsel.
  • Extension/adjournment requests require 2 business days notice, prior request history, and opposing counsel consent status.
Copies To All CounselNumber Of Previous RequestsPrevious Requests Granted Or DeniedAdversary Position
  • Extension requests must include prior request history and opposing counsel's consent status.
  • Consented extensions require stipulation; non-consented extensions require letter to Court.
  • Oral argument adjournment requests within 1 week require compelling circumstances.

Request must include

Number Of Previous RequestsPrevious Requests Granted Or DeniedAdversary Position
7Calendar Daysnotice
  • Oral argument adjournments requested less than one week before are granted only under compelling circumstances.
Reason For RequestOriginal DateProposed New Dates
5Calendar Daysnotice
  • Requests to exceed page limits must be made 5 days before due date (1 day for reply briefs).

Communication

Phone

Clerk

(212) 805-0104
Phone

Chambers

Emergencies
No status inquiries
Letter via ECF

Chambers

No status inquiries
Email

Clerk

No status inquiries
Letter via ECF

Clerk

Status Inquiries
Filters:AllMandatoryImportantFormattingExhibitsMemorandaTRO/InjunctionDiscoveryLettersConferencesJury

Page & Word Limits9 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

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

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

Discovery Motion

4 pages

Page Limits

Machine summary. Not checked yet.Mandatory?

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

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

Brief

Page Limits

Machine summary. Not checked yet.Mandatory?

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.

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

35 pages

Applies to: Attorney

Reply Memorandum

10 pages

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

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

Summary: Objections to magistrate judge reports limited to 20 pages.

Proposed Findings Conclusions

20 pages

Page Limits

Machine summary. Not checked yet.Mandatory?

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.

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

Discovery Motion

4 pages

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

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

Summary: Page limits for motions apply to bankruptcy appeal briefs.

Brief

Page Limits

Machine summary. Not checked yet.Mandatory?

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

Summary: Objections to magistrate reports limited to 20 pages.

Objection To Report

20 pages

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

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

Summary: Reply memoranda limited to 10 pages, double spaced.

Reply Memorandum

10 pages

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

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.

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

Brief

35 pages

Document Format Requirements7 rules

Formatting

Machine summary. Not checked yet.Mandatory?

Motions are to be filed without a return date.

Formatting

Machine summary. Not checked yet.Mandatory?

Electronic devices – including cellular telephones, iPads, and laptops – are not permitted in Judge Kaplan’s courtroom, robing room or chambers.

Summary: Electronic devices prohibited in courtroom, robing room, and chambers.

Formatting

Machine summary. Not checked yet.Important?

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

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

Formatting

Machine summary. Not checked yet.Important?

Electronic devices – including cellular telephones, iPads, and laptops – are not permitted in Judge Kaplan's courtroom, robing room or chambers.

Summary: Electronic devices are prohibited in courtroom, robing room, and chambers.

Formatting

Machine summary. Not checked yet.Important?

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.

Summary: Only enumerated letter motions may be filed electronically; other letters must be mailed or delivered.

Required Format

Paper

Formatting

Machine summary. Not checked yet.Important?

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

Summary: Exhibits to memoranda must be tabbed and indexed.

Formatting

Machine summary. Not checked yet.Important?

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

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

Document Filing Requirements33 rules

Filing RequirementsCriminal cases

Checked against the court's document on Oct 4, 2026Mandatory

The cover for a hard-copy letters filing must be marked SENTENCING MEMORANDUM and clearly indicate the caption and docket number.

If letters are filed as hard copies, a party shall group all the letters together in a single papers filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk's Office.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Checked against the court's document on Oct 4, 2026Mandatory

The single electronic document containing letters as attachments must be marked SENTENCING MEMORANDUM and clearly identify the caption and docket number.

If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Checked against the court's document on Oct 4, 2026Important

The redaction application should clearly identify the redaction and explain its reasons.

The application should clearly identify the redaction and explain the reasons for the redaction.

Document Type

Application

Specific requirements detailed in rule text.
lakSentencingProcedures · Sep 2007 · p. 2
|Sec3. Redactions beyond the categories identified in the Privacy Policy
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Summary: Principal trial counsel must attend all court conferences.

Document Type

Conference

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically.

Summary: Counsel filing discovery dispute motions must send a letter to the Court stating the motion was filed electronically.

Document Type

Discovery Motion

Content & Formatting
Certificate Of Service
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Upon the assignment of a criminal case to Judge Kaplan, the Assistant United States Attorney immediately shall provide a copy of the indictment to chambers and arrange with the Deputy Clerk for a prompt conference at which the defendant and defense counsel will be present in order to set a discovery and motion schedule and a trial date and, if necessary, to arraign the defendant and set bail.

Summary: Criminal case assignment requires immediate indictment copy to chambers and prompt scheduling conference.

Document Type

Indictment

Content & Formatting
Caption
Case Number
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Any written sentencing submissions on behalf of the defendant shall be submitted no less than fourteen (14) days prior to sentencing. Any written submissions by the government shall be submitted no later than seven (7) days prior to sentencing.

Summary: Sentencing submissions have different deadlines: 14 days for defense, 7 days for government.

Document Type

Sentencing Memorandum

Content & Formatting
Caption
Case Number
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered, proposed voir dire questions, requests to charge, and in limine motions shall be served, filed and delivered to chambers no later than ten (10) days prior to the scheduled commencement of trial.

Summary: Trial documents must be submitted 10 days before trial.

Document Type

Motion

Content & Formatting
Caption
Case Number
Judge Name
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Citations to unreported cases not available on WESTLAW should be accompanied by a copy of the case cited.

Summary: Unreported cases not on WESTLAW must be accompanied by a copy of the case.

Document Type

Brief

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

A copy of the complaint should accompany the moving papers.

Summary: Moving papers must include a copy of the complaint.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted.

Summary: Opposition to discovery dispute motions must be filed within 2 business days electronically.

Document Type

Opposition

Content & Formatting
Notice Of Electronic Filing
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Each party shall list the witnesses it intends to call on its case in chief and, if a witness's testimony will be offered by deposition, shall designate by page and line numbers the portions of the deposition transcript it intends to offer.

Summary: Witness lists must include deposition page/line designations for testimony to be offered.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Any written sentencing submissions on behalf of the defendant shall be submitted no less than fourteen (14) days prior to sentencing. Any written submissions by the government shall be submitted no later than seven (7) days prior to sentencing.

Summary: Defendant's sentencing submissions due 14 days before sentencing; government's due 7 days before.

Document Type

Sentencing Submission

Content & Formatting
Certificate Of Service
Legal Argument
Filing Requirements

Machine summary. Not checked yet.Mandatory?

These witness statements, copies of which are to be addressed to chambers and delivered to the court security officers with copies of all exhibits at least one week before trial, shall be used at trial in accordance with the following procedure.

Summary: Witness statements and exhibits must be delivered to chambers and security one week before trial.

Document Type

Witness Statement

Content & Formatting
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically.

Summary: Counsel must send a letter to the Court when filing discovery dispute motions electronically.

Document Type

Discovery Motion

Content & Formatting
Certificate Of Service
Filing Requirements

Machine summary. Not checked yet.Mandatory?

No exhibit not listed below may be used at trial except (a) for cross-examination purposes, (b) by plaintiff on rebuttal, or (c) if good cause for its exclusion from the pretrial order is shown.

Summary: Exhibits must be listed in pretrial order unless used for cross-examination, plaintiff's rebuttal, or good cause shown.

Document Type

Pretrial Order

Content & Formatting
Exhibit List
Filing Requirements

Machine summary. Not checked yet.Mandatory?

No witness not identified herein shall be permitted to testify on either party's case in chief absent good cause shown.

Summary: Witnesses must be listed in pretrial order unless good cause is shown.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered in a specific case, all applications for orders to show cause and temporary restraining orders first shall be brought to the Orders and Appeals Clerk for approval and then to Chambers.

Summary: OSC and TRO applications must first be brought to Orders and Appeals Clerk for approval.

Document Type

Order To Show Cause

Content & Formatting
Certificate Of Service
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If the plaintiff seeks an injunction, the proposed form of injunction shall be set forth or attached.

Summary: Proposed injunction form must be included if plaintiff seeks injunctive relief.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered, proposed voir dire questions, requests to charge, and in limine motions shall be served, filed and delivered to chambers no later than ten (10) days prior to the scheduled commencement of trial.

Summary: Voir dire, requests to charge, and in limine motions due 10 days before trial.

Document Type

In Limine Motion

Content & Formatting
Certificate Of Service
Legal Argument
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Applications for temporary restraining orders will be entertained only after notice to the adversary absent a persuasive showing that the giving of notice itself is likely to result in immediate and irreparable injury.

Summary: TRO applications require notice to adversary unless immediate irreparable injury would result.

Document Type

Temporary Restraining Order

Content & Formatting
Certificate Of Service
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Each side shall list individually each exhibit it intends to offer on its case in chief. The list shall include an unambiguous, clear description of each exhibit which shall include its date and, where applicable, the names of the author and addressee.

Summary: Exhibit lists must include unambiguous descriptions with date and author/addressee information.

Document Type

Pretrial Order

Content & Formatting
Exhibit List
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The parties shall set forth any stipulations with respect to the authenticity and admissibility of exhibits and indicate all objections to exhibits and the grounds therefor.

Summary: Pretrial order must include stipulations about exhibit authenticity/admissibility and all objections with grounds.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In bench trials, counsel shall prepare and exchange, at least one week before trial, statements containing the direct testimony of each witness they intend to call except as noted below.

Summary: Witness statements required one week before bench trial.

Document Type

Witness Statement

Content & Formatting
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Any objections not set forth herein will be considered waived absent good cause shown.

Summary: Objections to exhibits not listed in pretrial order are waived unless good cause is shown.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Summary: Principal trial counsel must appear at all conferences with the Court.

Document Type

Conference

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

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.

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

Document Type

Brief

Content & Formatting
Table Of Authorities
Table Of Contents
Filing Requirements

Machine summary. Not checked yet.Important?

Citations to unreported cases not available on WESTLAW should be accompanied by a copy of the case cited.

Summary: Unreported cases not on WESTLAW must be accompanied by a copy of the case.

Document Type

Brief

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Unless otherwise ordered and as provided below, a declaration or affidavit containing the direct testimony of each witness stated in narrative, rather than question and answer, form shall be provided shall be provided for each witness that a party intends to call on

Summary: Witness statements must be in narrative form, not Q&A.

Document Type

Witness Statement

Content & Formatting
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Important?

Unless the parties are otherwise notified, a pending motion to dismiss the entire action cancels any previously scheduled initial scheduling conference.

Summary: Pending motion to dismiss cancels any previously scheduled initial scheduling conference.

Document Type

Motion To Dismiss

Content & Formatting
Notice Of Electronic Filing
Filing Requirements

Machine summary. Not checked yet.Important?

Statements shall be confined to assertions as to which the witness is competent to testify, shall lay any necessary foundation for receipt of the statements contained therein, and shall not include argument or argumentative material.

Summary: Witness statements must be factual, not argumentative.

Document Type

Witness Statement

Content & Formatting
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Note?

In cases likely to involve substantial numbers of deposition exhibits, the parties are encouraged to agree at the outset of discovery to assign a unique exhibit number or letter to each exhibit marked at any deposition so that exhibit designations used in deposition transcripts may be used without change at trial.

Summary: Parties encouraged to assign unique exhibit numbers/letters during discovery for deposition exhibits.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Note?

Absent use of such a system, plaintiff's trial exhibits shall be identified by Arabic numerals and defendant's by letters (e.g., PX 1, DX 1, D-Jones A, D-Smith C).

Summary: Without pre-agreed system, plaintiff's exhibits use Arabic numerals, defendant's use letters.

Document Type

Pretrial Order

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

A party must file its sentencing submission when served using one of the stated procedures; paper filing is the only option in a non-ECF criminal case.

At the time it is served a party shall file its sentencing submission following one of the two procedures described here. (If the criminal case is a non-ECF case, then only paper filing is allowed.)

Not confirmed. Read the court's wording below. · Criminal cases

Page 1 | 1. Sentencing submissions

Service and Proof of Service Rules

A defendant must serve the sentencing submission, including any departure application, two weeks before sentencing.

A defendant's sentencing submission, including any departure application, shall be served two weeks in advance of the date set for sentence.

Not confirmed. Read the court's wording below. · Criminal cases

Page 1 | 1. Sentencing submissions

The Government must serve its sentencing submission, including any departure application, one week before sentencing.

The Government's sentencing submission, including any departure application, shall be served one week in advance of the date set for sentence.

Not confirmed. Read the court's wording below. · Criminal cases

Page 1 | 1. Sentencing submissions

Courtesy Copy Requirements

A courtesy hard copy of the sentencing memorandum must be mailed to chambers or delivered to the U.S. Marshals at the specified entrance in an envelope addressed to Judge Kaplan.

Whether the sentencing memorandum is filed by ECF or by paper, a courtesy hard-copy must either be mailed to chambers, or, delivered to the U.S. Marshals at the Worth St. entrance of 500 Pearl St. in an envelope addressed to the Hon. Lewis A. Kaplan.

Checked against the court's document on Oct 4, 2026 · Criminal cases

Page 2 | 2. Courtesy hard-copy

Two courtesy copies must be delivered to court security at Worth Street entrance within one business day of filing.

Two courtesy copies should be addressed to Judge Kaplan and delivered to the court security officers at the Worth Street entrance, 200 Worth Street, no later than one business day after the originals are filed.

Machine summary. Not checked yet.

Page 1 | MOTION RULES AT A GLANCE

Two courtesy copies should be delivered to court security at the time originals are filed.

Two (2) courtesy copies for the use of Chambers should be delivered to the court security officers at the Worth Street entrance, 200 Worth Street (at the time the originals are filed).

Machine summary. Not checked yet.

Page 2 | Return Dates and Special Filing Rules

Courtesy copies required for bankruptcy appeals: 2 copies of briefs and 1 copy of the record.

Counsel shall provide chambers with two courtesy copies of their briefs, and counsel for appellant shall provide it with one courtesy copy of the record, immediately upon the filing of the originals with the Clerk of Court.

Machine summary. Not checked yet.

Page 7 | BANKRUPTCY APPEALS

All motions (except OSC) should be filed without return date with 2 courtesy copies delivered at time of filing.

All motions, unless brought on by an Order to Show Cause, should be made without a return date. Two (2) courtesy copies for the use of Chambers should be delivered to the court security officers at the Worth Street entrance, 200 Worth Street (at the time the originals are filed).

Machine summary. Not checked yet.

Two courtesy copies must be delivered to court security officers within one business day of filing.

Two courtesy copies should be addressed to Judge Kaplan and delivered to the court security officers at the Worth Street entrance, 200 Worth Street, no later than one business day after the originals are filed.

Machine summary. Not checked yet.

Joint pretrial order requires two courtesy copies to chambers by the court-set deadline.

Counsel are to submit a joint pretrial order, with two (2) courtesy copies addressed to chambers, on or before the date set by the Court.

Machine summary. Not checked yet.

Two courtesy copies of briefs and one of record required for bankruptcy appeals.

Counsel shall provide chambers with two courtesy copies of their briefs, and counsel for appellant shall provide it with one courtesycopyof the record, immediately upon the filing of the originals with the Clerk of Court.

Machine summary. Not checked yet.

Courtesy copies required for complaint, answer, and reply to chambers.

The parties are to provide a courtesy copy of the complaint, answer and any reply (but not discovery requests, discovery responses, stipulations, correspondence or other papers) to chambers promptly after service.

Machine summary. Not checked yet.

Two courtesy copies of joint pretrial order required for chambers.

Counsel are to submit a joint pretrial order, with two (2) courtesy copies addressed to chambers, on or before the date set by the Court.

Machine summary. Not checked yet.

Courtesy copies of complaint, answer, and reply must be provided to chambers promptly after service.

The parties are to provide a courtesy copy of the complaint, answer and any reply (but not discovery requests, discovery responses, stipulations, correspondence or other papers) to chambers promptly after service.

Machine summary. Not checked yet.

The parties should provide one courtesy copy of each sentencing submission to the Court when served.

The parties should provide the Court with one courtesy copy of each submission when it is served.

Not confirmed. Read the court's wording below. · Criminal cases

Page 1 | 1. Sentencing submissions

Sealing & Redaction Procedures

Bring to the sentencing proceeding a copy of the pages containing redactions, marked to identify the redacted information, for the Court to file under seal.

Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publically filed materials, to give to the Court for filing under seal.

Checked and corrected to match the court's document on Oct 4, 2026 · Criminal cases

Page 1 | Individual Rules of Practice for Sentencing Proceedings

A party seeking to redact information beyond the eleven Privacy Policy categories must serve and file an application when the sentencing submission is served.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served.

Checked and corrected to match the court's document on Oct 4, 2026 · Criminal cases

Page 2 | 3. Redactions beyond the categories identified in the Privacy Policy

Only pages containing redacted material from a publicly filed document will be filed under seal.

If any material is redacted from the publically filed document, only those pages containing the redacted material will be filed under seal.

Not confirmed. Read the court's wording below. · Criminal cases

Page 1 | Individual Rules of Practice for Sentencing Proceedings

Redaction requests require public filing with proposed redactions and sealed filing of unredacted version with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Machine summary. Not checked yet.

Proposed sealed documents must be contemporaneously filed under seal and electronically related to motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Machine summary. Not checked yet.

For redaction motions, file redacted version publicly and unredacted version under seal with highlights via ECF.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Machine summary. Not checked yet.

Sensitive information (SSN, minor names, DOB, account numbers) must be redacted without court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Machine summary. Not checked yet.

Motions to seal must be public, explain reasons, and not include the confidential information itself.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Machine summary. Not checked yet.

Sealed documents must be filed under seal in ECF and linked to the motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Machine summary. Not checked yet.

Certain sensitive information must be redacted without prior court approval per FRCP 5.2.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Machine summary. Not checked yet.

Sealed/redacted filing motions must be filed electronically via ECF per standing order 19-mc-00583.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Machine summary. Not checked yet.

Supporting papers for sealed motions must be separately filed and may be sealed/redacted only as necessary.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Machine summary. Not checked yet.

Sensitive information should not be filed unless necessary and relevant; must be partially redacted if included.

Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case. If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest.

Machine summary. Not checked yet.

Sealed filing motions must be public, explain reasons for sealing, and exclude confidential information.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Machine summary. Not checked yet.

Certain categories require caution and may warrant motion for sealed filing.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.

Machine summary. Not checked yet.

Additional sensitive information (PINs, medical, employment, financial, trade secrets, addresses, cooperation) may require court approval for sealing.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.

Machine summary. Not checked yet.

Meet and confer required before filing sealed/redacted materials.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.

Machine summary. Not checked yet.

Three-day notice required when sealing based on opposing party's request.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

Machine summary. Not checked yet.

Motion required to file sealed materials on paper instead of ECF.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Machine summary. Not checked yet.

The Court will address the redaction application at the sentencing proceeding.

The application will be addressed at the sentencing proceeding.

Not confirmed. Read the court's wording below. · Criminal cases

Page 2 | 3. Redactions beyond the categories identified in the Privacy Policy

Filing Bundling Requirements

Hard-copy letters must be grouped in one paper filing under a cover marked SENTENCING MEMORANDUM that clearly identifies the caption and docket number, and submitted to the Clerk's Office.

If letters are filed as hard copies, a party shall group all the letters together in a single papers filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk's Office.

Not confirmed. Read the court's wording below. · Criminal cases

Page 1 | a. Paper Filing

Electronically filed letters must be grouped as attachments to one document marked SENTENCING MEMORANDUM that clearly identifies the caption and docket number.

If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Not confirmed. Read the court's wording below. · Criminal cases

Page 2 | b. ECF Filing

Pre-Motion Conference Requirements

TRO applications require notice to adversary unless notice would cause immediate and irreparable injury.

Applications for temporary restraining orders will be entertained only after notice to the adversary absent a persuasive showing that the giving of notice itself is likely to result in immediate and irreparable injury.

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Page 2 | Orders to Show Cause and TROs

A pending motion to dismiss cancels any scheduled initial scheduling conference.

Unless the parties are otherwise notified, a pending motion to dismiss the entire action cancels any previously scheduled initial scheduling conference.

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Page 1 | CONFERENCES

Opposing party may respond to discovery dispute motion within 2 business days electronically.

The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted.

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Page 2 | Discovery Disputes

Motions (except Orders to Show Cause) should be filed without a return date.

All motions, unless brought on by an Order to Show Cause, should be made without a return date.

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Page 2 | Return Dates and Special Filing Rules

Pre-motion conference is not required.

Pre-motion conference: Not required.

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Adjournment & Extension Requirements

Extension requests must include prior request history and opposing counsel's consent status.

Such requests must include the number and disposition of any prior requests for similar extensions and state whether opposing counsel consents to the extension or adjournment.

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Extension/adjournment requests require 2 business days notice, prior request history, and opposing counsel consent status.

All requests for extensions of time or adjournment of motions, pretrial conferences, and other matters must be made with copies to all counsel and received in chambers not less than two business days before the scheduled time. Such requests must include the number and disposition of any prior requests for similar extensions and state whether opposing counsel consents to the extension or adjournment.

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Extension/adjournment requests require 2 business days advance notice with copies to all counsel.

All requests for extensions of time or adjournment of motions, pretrial conferences, and other matters must be made with copies to all counsel and received in chambers not less than two business days before the scheduled time.

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Oral argument adjournments requested less than one week before are granted only under compelling circumstances.

Requests to adjourn the date for oral argument made less than one week prior to the scheduled date will be granted only under the most compelling circumstances.

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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.

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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.

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Oral argument adjournment requests within 1 week require compelling circumstances.

Requests to adjourn the date for oral argument made less than one week prior to the scheduled date will be granted only under the most compelling circumstances.

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Consented extensions require stipulation; non-consented extensions require letter to Court.

If the extension request is made with the consent of all parties, a stipulation should be submitted as provided in the ECF Rules and Procedures and shall set out the schedule to which counsel have agreed; a request for an extension without the consent of all counsel may be made by letter to the Court.

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Chambers Communication Rules

Questions about these practices may be directed to Courtroom Deputy Clerk Andrew Mohan by phone.

If you have any questions about these practices, contact the Courtroom Deputy Clerk, Andrew Mohan, (212) 805-0104.

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Page 2 | 4. Questions about these practices

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.

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Page 1 | LETTERS

Fax communication with chambers requires prior approval.

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

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Page 1 | COMMUNICATIONS

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.

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Page 1 | COMMUNICATIONS

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.

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Fax communication with chambers requires prior approval.

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

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Phone communication with chambers only allowed in emergencies.

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

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

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

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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.

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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.

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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.

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About United States District Judge Lewis Kaplan

**Senior Judge Lewis A. Kaplan** was appointed to the Southern District of New York by President William J. Clinton in 1994 and assumed senior status on February 1, 2011. Before joining the bench, Judge Kaplan spent over two decades in private practice in New York City following a clerkship with the Honorable Edward McEntee of the U.S. Court of Appeals for the First Circuit. He also served as a Special Master in the SDNY and as a member of the U.S. Judicial Panel on Multidistrict Litigation. **Education** - Harvard Law School, J.D., 1969 - University of Rochester, A.B., 1966 **Career** - Senior Judge, U.S. District Court, Southern District of New York (2011–present) - U.S. District Judge, Southern District of New York (1994–2011) - Member, U.S. Judicial Panel on Multidistrict Litigation (2012–2019) - Private practice, New York City (1970–1994) - Special master, SDNY (1982–1983) - Law clerk to Hon. Edward McEntee, U.S. Court of Appeals, First Circuit (1969–1970)

**Courthouse:** Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007-1312 **Chambers Staff** - Scheduling/Contact: Chambers contact via court website

Common questions about Judge Lewis Kaplan's rules

Are courtesy copies required for Judge Lewis Kaplan?

Courtesy-copy rule applies for sentencing memorandums. Details: by mail. A courtesy hard copy of the sentencing memorandum must be mailed to chambers or delivered to the U.S. Marshals at the specified entrance in an envelope addressed to Judge Kaplan.

View ruleSource: page 2, section 2. Courtesy hard-copy

Does Judge Lewis Kaplan require a pre-motion conference or letter before filing a motion?

Judge Lewis Kaplan's rules set a pre-motion procedure for tro. TRO applications require notice to adversary unless notice would cause immediate and irreparable injury.

View ruleSource: page 2, section Orders to Show Cause and TROs

What page or word limits apply to discovery motion before Judge Lewis Kaplan?

Judge Lewis Kaplan's rule states these limits: attorney: 4 pages. Excludes exhibits. Discovery dispute motions are limited to 4 pages (excluding exhibits).

What page or word limits apply to motion memorandum before Judge Lewis Kaplan?

Judge Lewis Kaplan's rule states these limits: attorney: 35 pages; attorney: 10 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. Motion memoranda limited to 35 pages; reply memoranda limited to 10 pages; tables required for motions over 10 pages.

What formatting rules apply to filings before Judge Lewis Kaplan?

Judge Lewis Kaplan's formatting rule includes file format paper. Only enumerated letter motions may be filed electronically; other letters must be mailed or delivered.

What must be included with sentencing memorandum filings before Judge Lewis Kaplan?

The rule identifies required filing content or certificates. The cover for a hard-copy letters filing must be marked SENTENCING MEMORANDUM and clearly indicate the caption and docket number.

View ruleSource: page 1, section a. Paper Filing

What must be included with conference filings before Judge Lewis Kaplan?

The rule requires notice of appearance. Principal trial counsel must appear at all conferences with the Court.

How may parties contact Judge Lewis Kaplan's chambers?

The rule addresses phone communications with Judge Lewis Kaplan's chambers. Communication with chambers by phone is restricted to emergencies and fax communication requires prior approval.

View ruleSource: page 1, section COMMUNICATIONS

How does Judge Lewis Kaplan handle sealed or redacted filings?

Judge Lewis Kaplan's rules set procedures for sealed or redacted filings. Process: file redacted on ecf. Only pages containing redacted material from a publicly filed document will be filed under seal.

View ruleSource: page 1, section Individual Rules of Practice for Sentencing Proceedings

How do I request an adjournment or extension before Judge Lewis Kaplan?

Requests should be made at least 2 business days in advance when this rule applies before Judge Lewis Kaplan. The request must include copies to all counsel. Extension/adjournment requests require 2 business days advance notice with copies to all counsel.

Does Judge Lewis Kaplan require motion papers to be bundled?

Yes. Judge Lewis Kaplan requires bundling for covered papers. Hard-copy letters must be grouped in one paper filing under a cover marked SENTENCING MEMORANDUM that clearly identifies the caption and docket number, and submitted to the Clerk's Office.

View ruleSource: page 1, section a. Paper Filing

Is electronic filing required before Judge Lewis Kaplan?

Electronic filing is permitted for the covered filings. A party must file its sentencing submission when served using one of the stated procedures; paper filing is the only option in a non-ECF criminal case.

View ruleSource: page 1, section 1. Sentencing submissions

What rule applies to service for sentencing memorandum before Judge Lewis Kaplan?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. A defendant must serve the sentencing submission, including any departure application, two weeks before sentencing.

View ruleSource: page 1, section 1. Sentencing submissions
Complete rules summary for Judge Lewis Kaplan

A defendant must serve the sentencing submission, including any departure application, two weeks before sentencing.

The Government must serve its sentencing submission, including any departure application, one week before sentencing.

The parties should provide one courtesy copy of each sentencing submission to the Court when served.

A party must file its sentencing submission when served using one of the stated procedures; paper filing is the only option in a non-ECF criminal case.

Hard-copy letters must be grouped in one paper filing under a cover marked SENTENCING MEMORANDUM that clearly identifies the caption and docket number, and submitted to the Clerk's Office.

The cover for a hard-copy letters filing must be marked SENTENCING MEMORANDUM and clearly indicate the caption and docket number.

Electronically filed letters must be grouped as attachments to one document marked SENTENCING MEMORANDUM that clearly identifies the caption and docket number.

The single electronic document containing letters as attachments must be marked SENTENCING MEMORANDUM and clearly identify the caption and docket number.

A courtesy hard copy of the sentencing memorandum must be mailed to chambers or delivered to the U.S. Marshals at the specified entrance in an envelope addressed to Judge Kaplan.

Only pages containing redacted material from a publicly filed document will be filed under seal.

Bring to the sentencing proceeding a copy of the pages containing redactions, marked to identify the redacted information, for the Court to file under seal.

A party seeking to redact information beyond the eleven Privacy Policy categories must serve and file an application when the sentencing submission is served.

The redaction application should clearly identify the redaction and explain its reasons.

The Court will address the redaction application at the sentencing proceeding.

Questions about these practices may be directed to Courtroom Deputy Clerk Andrew Mohan by phone.

Phone communication with chambers only allowed in emergencies.

Fax communication with chambers requires prior approval.

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

Only enumerated letter motions may be filed electronically; other letters must be mailed or delivered.

Principal trial counsel must appear at all conferences with the Court.

Pending motion to dismiss cancels any previously scheduled initial scheduling conference.

Pre-motion conference is not required.

Motions are to be filed without a return date.

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

Counsel must send a letter to the Court when filing discovery dispute motions electronically.

Opposition to discovery dispute motions must be filed within 2 business days electronically.

Two courtesy copies must be delivered to court security officers within one business day of filing.

All motions (except OSC) should be filed without return date with 2 courtesy copies delivered at time of filing.

OSC and TRO applications must first be brought to Orders and Appeals Clerk for approval.

TRO applications require notice to adversary unless immediate irreparable injury would result.

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