Court Rules
Visiting

Judge Richard J. Sullivan

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of New York

Limits & Logistics

Document Limits

Exhibit
15 pgs
Memorandum Of Law
25 pgs
Affidavit
10 pgs
Pretrial Memorandum
10 pgs

Courtesy Copies

All filings

Courtesy copies

  • 1 copy • Upon Filing
  • 2 copies

Pleading, Correspondence, Letter Motion

  • 1 copy • Email • Upon Filing

Adjournments

2Business Daysnotice
  • Extension requests must be made by letter at least 2 business days before deadline.
  • Extension requests must include original date, reasons, previous requests, and adversary consent.
  • Revised Scheduling Order required if extension affects other dates.

Request must include

Original DateReason For RequestNumber Of Previous RequestsPrevious Requests Granted Or DeniedAdversary PositionAffects Other DatesProposed Rescheduled Date

Communication

Email

Chambers

ca02_rjschambers@ca2.uscourts.gov
No status inquiries
Phone

Chambers

(212) 857-2450
Emergencies
No status inquiries
Filters:AllMandatoryFormattingExhibitsMemorandaJuryTypographyProposed OrdersBinders/TabsECF FilingTRO/Injunction

Page & Word Limits4 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

a pretrial memorandum, not to exceed 10 pages.

Summary: Pretrial memorandum limited to 10 pages.

Pretrial Memorandum

10 pages

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

Each exhibit – other than the complaint – is limited to fifteen pages.

Summary: Exhibits limited to 15 pages (except complaint).

Exhibit

15 pages

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

Affidavits may not exceed ten double-spaced pages.

Summary: Affidavits limited to 10 double-spaced pages.

Affidavit

10 pages

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

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.

Summary: Memoranda of law limited to 25 pages, reply memoranda to 10 pages.

25 pages

Applies to: Attorney

Reply Memorandum

10 pages

Applies to: Attorney

Document Format Requirements7 rules

Formatting

Machine summary. Not checked yet.Mandatory?

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;

Summary: Proposed voir dire questions must be emailed to chambers in Word format.

Required Format

DOCX

Formatting

Machine summary. Not checked yet.Mandatory?

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;

Summary: Proposed jury instructions must be emailed to chambers in Word format with citations.

Required Format

DOCX

Formatting

Machine summary. Not checked yet.Mandatory?

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;

Summary: Proposed verdict form must be emailed to chambers in Word format.

Required Format

DOCX

Formatting

Machine summary. Not checked yet.Mandatory?

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;

Summary: Proposed findings of fact and conclusions of law must be emailed to chambers in Word format with record citations.

Required Format

DOCX

Formatting

Machine summary. Not checked yet.Mandatory?

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.

Summary: Documentary evidence must be compiled in tabbed binders organized by exhibit number.

Layout & Binding
Binding Style
Tabbed Three Ring Binder
Formatting

Machine summary. Not checked yet.Mandatory?

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.

Summary: Footnotes require 12pt font, single-spacing with 12pt space between.

Typography
Size12 pt
Line SpacingSingle
Formatting

Machine summary. Not checked yet.Mandatory?

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.

Summary: Memoranda of law require 12pt font, double-spacing, 1-inch margins.

Typography
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"

Document Filing Requirements12 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

In criminal matters, proposed stipulations and orders are to be submitted directly to Chambers at CA02_RJSChambers@ca2.uscourts.gov.

Summary: Criminal stipulations/orders emailed to chambers at CA02_RJSChambers@ca2.uscourts.gov.

Document Type

Proposed Order

Content & Formatting
Notice Of Electronic Filing
Filing Requirements

Machine summary. Not checked yet.Mandatory?

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.

Summary: Civil stipulations/orders filed on ECF or emailed to judgments@nysd.uscourts.gov.

Document Type

Proposed Order

Content & Formatting
Notice Of Electronic Filing
Filing Requirements

Machine summary. Not checked yet.Mandatory?

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;

Summary: Affidavits must be submitted as originals to be marked as exhibits at trial.

Document Type

Affidavit

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

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.

Summary: Provide index of admissible exhibits 3 days before trial in non-jury cases.

Document Type

Exhibits

Content & Formatting
Exhibit List
Filing Requirements

Machine summary. Not checked yet.Mandatory?

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.

Summary: No affidavits/exhibits in discovery dispute letters without permission; attach specific request if refusal to respond.

Document Type

Discovery Dispute Letter

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The notice of motion shall state that oral argument will be 'on a date and at a time designated by the Court.'

Summary: Notice of motion must state oral argument date/time designated by Court.

Document Type

Notice Of Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Parties are limited to a total of fifteen exhibits, including exhibits attached to an affidavit, in support of or in opposition to any motion.

Summary: Maximum 15 exhibits per party per motion.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Sur-reply memoranda will not be accepted without prior permission of the Court.

Summary: Sur-replies require prior court permission.

Document Type

Sur Reply Memorandum

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Memoranda of 10 pages or more shall contain a table of contents.

Summary: Memoranda of 10+ pages require table of contents.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Contents
Filing Requirements

Machine summary. Not checked yet.Mandatory?

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.

Summary: Provide Westlaw citations for unpublished cases; submit copies if not on Westlaw.

Document Type

Memorandum Of Law

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Parties are limited to a total of five affidavits each in support of or in opposition to a motion.

Summary: Maximum 5 affidavits per party per motion.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Note?

If possible, the exhibits should be excerpted to include only the relevant material.

Summary: Exhibits should be excerpted to include only relevant material.

Document Type

Exhibit

Specific requirements detailed in rule text.

Filing & Service rules

Courtesy Copy Requirements

Two courtesy copies of affidavits and documentary evidence must be submitted to chambers.

two courtesy copies of which the party shall also submit to chambers

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

Courtesy copies required for pretrial submissions on filing/serving date.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

Filing Bundling Requirements

Submit two tabbed binders of exhibits before any hearing.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

Page 7 | Exhibits

In jury cases, submit two tabbed binders of exhibits 3 days before trial.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

Page 2 | Pre-Motion Conferences in Civil Cases

Affidavits/exhibits generally prohibited in pre-motion letters; required for amendment motions.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

Separate or successive discovery dispute letters will not be read.

Separate and successive letters will not be read.

Machine summary. Not checked yet.

Joint discovery dispute letter (max 5 pages) required before discovery motion.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

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.

Machine summary. Not checked yet.

About United States District Judge Richard J. Sullivan

**Circuit Judge Richard J. Sullivan** sits in the Southern District of New York by designation from the U.S. Court of Appeals for the Second Circuit. Judge Sullivan was appointed to the SDNY as a district judge by President George W. Bush in 2007 and subsequently elevated to the Second Circuit by President Donald J. Trump. Before joining the federal bench he served as an Assistant U.S. Attorney in the SDNY and in private practice.

**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 Richard J. Sullivan's rules

Are courtesy copies required for Judge Richard J. Sullivan?

Courtesy-copy rule applies for pleadings, correspondences, and letter motions. Details: 1 copy, delivery upon filing, by email. Electronic courtesy copy only required for pleadings and correspondence.

Does Judge Richard J. Sullivan require a pre-motion conference or letter before filing a motion?

Judge Richard J. Sullivan's rules set a pre-motion procedure for covered motions. Pre-motion conference required for most civil motions except specified exceptions.

View ruleSource: page 2, section Pre-Motion Conferences in Civil Cases

What page or word limits apply to exhibit before Judge Richard J. Sullivan?

Judge Richard J. Sullivan's rule states these limits: attorney: 15 pages. Exhibits limited to 15 pages (except complaint).

What page or word limits apply to memorandum of law before Judge Richard J. Sullivan?

Judge Richard J. Sullivan's rule states these limits: attorney: 25 pages; attorney: 10 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. Memoranda of law limited to 25 pages, reply memoranda to 10 pages.

What formatting rules apply to filings before Judge Richard J. Sullivan?

Judge Richard J. Sullivan's formatting rule includes 12 point type, double spacing and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. Memoranda of law require 12pt font, double-spacing, 1-inch margins.

What must be included with proposed order filings before Judge Richard J. Sullivan?

The rule requires notice of electronic filing. Civil stipulations/orders filed on ECF or emailed to judgments@nysd.uscourts.gov.

View ruleSource: page 1, section Proposed Stipulations and Orders

What must be included with memorandum of law filings before Judge Richard J. Sullivan?

The rule requires table of contents. Memoranda of 10+ pages require table of contents.

How may parties contact Judge Richard J. Sullivan's chambers?

The rule addresses email communications with Judge Richard J. Sullivan's chambers. The rule lists email CA02_RJSChambers@ca2.uscourts.gov. Letters from represented parties must be docketed on ECF and emailed as PDF to chambers.

View ruleSource: page 1, section Communications with Chambers

How does Judge Richard J. Sullivan handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Richard J. Sullivan. No sealed filings without court order addressing specific documents.

How do I request an adjournment or extension before Judge Richard J. Sullivan?

Requests should be made at least 2 business days in advance when this rule applies before Judge Richard J. Sullivan. Extension requests must be made by letter at least 2 business days before deadline.

View ruleSource: page 1, section Communications with Chambers

Does Judge Richard J. Sullivan require motion papers to be bundled?

Yes. Judge Richard J. Sullivan requires bundling for covered papers. Non-ECF motion papers must be filed promptly after service.

Does Judge Richard J. Sullivan encourage junior lawyer participation?

Yes. Judge Richard J. Sullivan's rules include a junior lawyer participation incentive. Junior lawyers encouraged to participate in oral argument; multiple lawyers permitted.

Complete rules summary for Judge Richard J. Sullivan

Exhibits should be excerpted to include only relevant material.

No sealed filings without court order addressing specific documents.

Exhibits limited to 15 pages (except complaint).

Letters from represented parties must be docketed on ECF and emailed as PDF to chambers.

Phone calls to chambers only for immediate attention situations.

Extension requests must be made by letter at least 2 business days before deadline.

Extension requests must include original date, reasons, previous requests, and adversary consent.

Revised Scheduling Order required if extension affects other dates.

Civil stipulations/orders filed on ECF or emailed to judgments@nysd.uscourts.gov.

Criminal stipulations/orders emailed to chambers at CA02_RJSChambers@ca2.uscourts.gov.

Pre-motion conference required for most civil motions except specified exceptions.

Pre-motion letter limited to 3 pages.

Response to pre-motion letter due within 3 business days, max 3 pages.

Response letters must address moving party's arguments; no reply letters allowed.

Affidavits/exhibits generally prohibited in pre-motion letters; required for amendment motions.

Pre-motion letter for pre-answer motion to dismiss stays answer obligation until conference.

Memoranda of law limited to 25 pages, reply memoranda to 10 pages.

Memoranda of 10+ pages require table of contents.

Memoranda of law require 12pt font, double-spacing, 1-inch margins.

Footnotes require 12pt font, single-spacing with 12pt space between.

Sur-replies require prior court permission.

Provide Westlaw citations for unpublished cases; submit copies if not on Westlaw.

Electronic courtesy copy only required for pleadings and correspondence.

Non-ECF motion papers must be filed promptly after service.

Notice of motion must state oral argument date/time designated by Court.

Joint discovery dispute letter (max 5 pages) required before discovery motion.

Parties must confer before filing joint discovery dispute letter.

Separate or successive discovery dispute letters will not be read.

Hard and electronic courtesy copies required for all motion papers.

No affidavits/exhibits in discovery dispute letters without permission; attach specific request if refusal to respond.

More Judges in Southern District of New York

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