Judge Amanda McClendon
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Hand Delivery • Immediately Upon Filing
Communication
Phone
Clerk
Phone
Chambers
Document Filing Requirements1 rule
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If you are citing out of state cases in your briefs, please attach a copy of the case to your brief.
Summary: Briefs must attach a copy of any out-of-state case they cite.
Document Type
Brief
Filing & Service rules
Filing Timing and Cure Windows
The court follows the two-week motion rule, but may hear a motion earlier upon the parties' agreement for an emergency.
Second Circuit strictly follows Rule 26 concerning the two-week rule, unless you and your conditions agree to hear a motion earlier than the two weeks for emergency purposes.
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Page 2 | III. Pretrial Matters - Civil Cases - C. Pretrial Motions
Motions in limine should be filed five days before trial, and in complicated cases a special hearing is scheduled the Friday of the week before trial.
The court appreciates Motions in Limine. As the Local Rules state, they should be filed five days before trial. In complicated cases, the court will schedule a special hearing on the Friday of the week preceding the trial, so that we will not lose trial time.
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Page 3 | IV. Trial Procedures / C. Motions in Limine
Courtesy Copy Requirements
A courtesy copy must be brought to the court when a reply is filed late on Wednesday.
If you file a reply late on Wednesday, to insure that it has reached the law clerk, please bring a courtesy copy to Second Circuit Court directly.
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Page 2 | III. Pretrial Matters - Civil Cases - C. Pretrial Motions
Pre-Motion Conference Requirements
Ex parte restraining orders are permitted only when opposing counsel could not be identified or, after diligent effort, was notified but declined to appear; if the other party is available, the requesting attorney must invite them to an emergency conference.
The court will hear a Restraining Order ex parte, if the attorney assures her that he or she does not know if there is an attorney or if on diligent effort the attorney has been advised of the request but chose not to appear. If the party or attorney is available the court will require that the requesting attorney invite the other party or attorney to an emergency conference. The remainder of the process follows the Civil Rules.
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Page 3 | III. Pretrial Matters - Civil Cases / G. Injunctions
Motions with arguments expected to exceed one-half hour should be specially scheduled or brought to the court's attention.
If your argument is expected to exceed a total of one-half hour, you should schedule the motion specially or alert the court.
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Page 2 | III. Pretrial Matters - Civil Cases - C. Pretrial Motions
Adjournment & Extension Requirements
A continuance is granted only if attorneys appear personally, or participate by phone conference in an emergency.
The court will only grant a continuance if the attorneys appear personally or, in an emergency, have a phone conference.
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Page 2 | III. Pretrial Matters - Civil Cases - B. Continuance and Extensions
When a case is continued, the parties must schedule an ADR event between the continued date and the new trial date.
If a case is continued, the parties must plan an ADR event between the continued date and the new trial date, whether it is a civil or family case.
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Page 2 | III. Pretrial Matters - Civil Cases - B. Continuance and Extensions
Discovery deadlines will not be extended except for an unexpected occurrence.
Unless there is an unexpected occurrence, the court will not extend deadlines.
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Page 2 | III. Pretrial Matters - Civil Cases - D. Discovery
Chambers Communication Rules
The judge does not accept direct telephone calls from attorneys or litigants; conference calls must be arranged through the Judicial Assistant.
The judge will accept no telephone calls from one attorney or from litigants. If a conference call is necessary, contact the Judicial Assistant to Judge McClendon.
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Page 1 | II. Preliminary General Matters - C. Telephone Conference with the Court
All civil-motion scheduling is handled through the Second Circuit Court Law Clerk.
All scheduling for motions in civil cases, contact the Second Circuit Court Law Clerk.
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Page 1 | II. Preliminary General Matters - A. Scheduling
The judge prefers written communication through pleadings, memoranda, and briefs unless directed otherwise.
Judge McClendon prefers that all communication be by pleadings, memoranda and briefs, unless she directs otherwise in specific situations, such as follow-ups to a status conference.
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Page 1 | II. Preliminary General Matters - B. Corresponding with Court
Law clerks may discuss scheduling and administrative issues with attorneys, but not substantive case matters.
The law clerk will discuss scheduling and administrative matters with attorneys, but not substantive matters.
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Page 1 | II. Preliminary General Matters - D. Telephone Conference with the Law Clerks
Contact the Judicial Assistant to schedule or reschedule conferences or trials.
For scheduling or rescheduling conferences or trials, you may call the Judicial Assistant to Judge McClendon.
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Page 1 | II. Preliminary General Matters - B. Corresponding with Court
Attorneys may call or write to ask about the status of a case under advisement, particularly after 30 days, without penalty.
The Court is happy to have any attorney call or write and inquire as to the status of a case under advisement, particularly if the opinion is over 30 days. You will not be penalized if you ask what the status is.
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Page 2 | II. Preliminary General Matters