Judge Laura Taylor Swain
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Email
- 1 copy • Email • Promptly
Motions in Limine Motions
- Email • Upon Filing
Proposed Order, Proposed Judgment, Stipulation
- 1 copy • Email
Trial Memorandum
- 1 copy • Email • Upon Filing
Adjournments
- Adjournment requests for court appearances require 48-hour advance notice (except emergencies)
- Sentencing adjournment requests must be made in writing at least 3 business days before sentencing.
Communication
Chambers
Phone
Clerk
Letter via ECF
Intake Unit
Page & Word Limits2 rules
letters (together with any related exhibits) may not exceed 3,500 words.
- Letter
- Up to 3,500 words
Word/page limits for memoranda of law: 8,750 words (attorney) or 25 pages (pro se) for support/opposition; 3,500 words (attorney) or 10 pages (pro se) for reply.
- Memorandum of law for attorneys
- Up to 8,750 words
- Memorandum of law for self-represented parties
- Up to 25 pages
Court's wording
Memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words; if filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.
Document Format Requirements1 rule
The Court's copies of the pre-marked exhibits should be assembled sequentially in a notebook and tabbed or, if a party prefers, each exhibit may be placed in a separate manila folder with number or letter visible on the lip, and the folder placed in a suitable container or box for ready reference.
Formatting
- •Exhibits must be assembled sequentially
Document Filing Requirements22 rules
All exhibits must be marked prior to the session of the trial at which they are to be introduced. No trial time will be used for this purpose.
Counsel must exchange copies of their trial exhibits and provide a set for use by the Court before trial begins (see applicable scheduling orders and/or Judge Swain's Individual Practices Rules).
On the day of trial, counsel must bring additional pre-marked copies for use by witnesses, the Courtroom Deputy, the Court Reporter, opposing parties and (if applicable) the jury.
Counsel must give a copy of each exhibit to the Court before using it at trial.
Counsel must also provide copies to the Court of any depositions which are intended to be offered, in whole or part, into evidence.
Each counsel must provide to the Court three copies of his or her final exhibit list.
The letter-motion must state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these
- Document
- Letter motion
Must include
- •Original date
- •Number of previous requests
Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via the ECF system.
If a party wishes to seek a temporary restraining order, it should file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order, on ECF in accordance with the procedures found in ECF Rule 18.2.
- Document
- Motion
Should include
- •Proposed order
No later than one week before the Final Pre-Trial Conference: i. Each party must serve on each other party and file with the Court its proposed voir dire and verdict form.
Plea agreements must be emailed to Chambers at least 5 business days before disposition conference.
Court's wording
The plea agreement or Pimentel letter must be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov at least five (5) full business days before the time set for the conference at which the disposition is to be addressed.
Memoranda of 10 pages or more must contain a table of contents.
- Document
- Memorandum of law
Must include
- •Table of contents
Service accomplished outside the ECF system must be documented in accordance with the applicable Federal Rules of Procedure concerning certificates of service.
- Document
- Service
Must include
- •Certificate of service
Sentencing submissions have specific timing: defendant 2 weeks, government 1 week, reply 3 days before sentencing.
Court's wording
A defendant’s sentencing submission must be filed and served two weeks in advance of the date set for sentence. The Government’s sentencing submission must be filed and served one week in advance of the date set for sentence. Any reply submission must be made at least three days before the date set for sentence.
Compliance with the certification requirement of subdivision b. below is, however, required for all civil case motions, whether discovery-related or not.
Counsel are responsible for ensuring that exhibits sent in to the jury are genuine and actually have been received in evidence.
Depositions are not generally to be offered in their entirety. Except in the rare instance where all the testimony is relevant, copy the relevant pages only, staple the extracts from each deposition, and offer each as an exhibit.
Pro se parties must maintain current address and notify Pro Se Intake Unit of changes.
Court's wording
Pro se parties are required to maintain their current mailing address on the docket at all times, and must notify the Court of any change of address by filing a change of address form with the Pro Se Intake Unit.
Failure to notify the Court of a change of address may result in dismissal of a case brought by a pro se party.
Except as otherwise provided or ordered by the Court, these Individual Practices apply to all civil matters, including pro se matters.
Parties may request oral argument and/or indicate the need for an evidentiary hearing at the time their moving, opposing or reply papers are filed, by including a conspicuous notation of the request on the cover page of the relevant paper.
- Document
- Motion
Include
- •Oral argument request
Pro se parties must also comply with the applicable Federal Rules of Civil Procedure, and the Southern District of New York’s Local Rules (available at http://nysd.uscourts.gov/courtrules.php).
Filing & Service rules
Courtesy Copy Requirements
Proposed orders and judgments must include courtesy copy emailed to Chambers.
All proposed orders and judgments, including stipulations to be “so-ordered,” must be submitted in the manner required by the Court’s “Electronic Case Filing Rules and Instructions,” with a courtesy copy emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov.
Page 7 | 4. Proposed Orders and Judgments
Courtesy copies of all motion papers must be emailed to Chambers.
Counsel must email courtesy copies of all motion papers to Chambers at SwainNYSDCorresp@nysd.uscourts.gov.
Page 12 | B. Criminal Matters
Courtesy copies of trial submissions must be emailed to Chambers in PDF and Word format.
A courtesy copy of each submission must be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, in pdf and Microsoft Word format.
Trial memoranda must be filed one week before final pretrial conference with courtesy copy emailed same day.
Any Trial Memoranda must be served and filed no later than one week before the Final Pretrial Conference. A courtesy copy must be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, that same day.
Courtesy copies of sentencing submissions must be emailed to Chambers when served.
The parties must provide the Court with a courtesy copy of each submission, by email to SwainNYSDCorresp@nysd.uscourts.gov, when it is served.
Courtesy copies of all filings must be emailed to Chambers promptly with ECF header
A courtesy copy of all letters, motions, pleadings, and other filings must be promptly emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov. The courtesy copy of any submission filed on ECF must be a copy of the filed version of the submission and must include the automatically-generated ECF header (that is, the text – for example, “Case 1:20-
Email unredacted courtesy copies with highlighted redactions to Chambers.
Additionally, the party seeking leave must email to Chambers, at SwainNYSDCorresp@nysd.uscourts.gov, by encrypted and/or password- protected means, unredacted courtesy copies of the letter motion and relevant document(s) with all proposed redactions in highlighted form.
A courtesy copy of each submission should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov on the date the paper is served and filed.
A courtesy copy of each submission should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov on the date the paper is served and filed.
Page 12 | B. Criminal Matters
Sealing & Redaction Procedures
Request to file under seal/redacted must be by letter-motion or motion with specific reasons.
Except as provided in subdivision 5(b)(i) below, and notwithstanding any provision to the contrary in a confidentiality order or stipulation, any party wishing to file under seal and/or in redacted form any document, or any portion thereof, must make a specific request to the Court by letter-motion or motion explaining the particular reasons for seeking to file that information under seal.
Page 7 | 5. Redactions and Filing Under Seal
For redaction approval, publicly file redacted document and under seal file unredacted 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.
Page 8 | 5. Redactions and Filing Under Seal
FRCP 5.2 requires redaction of SSNs, minor children names, DOBs, and account numbers 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.
Page 8 | 5. Redactions and Filing Under Seal
Proposed sealed documents must be contemporaneously filed under seal and related to motion.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Page 8 | 5. Redactions and Filing Under Seal
Sealing motions must be filed publicly with reasons, excluding confidential info.
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.
Page 8 | 5. Redactions and Filing Under Seal
Granted sealed filings must be delivered to Records Management Department.
If an application to file under seal or with redactions is granted, the applying party must bring complete, unredacted copies of the material proposed to be sealed or redacted to the Court’s Records Management Department (500 Pearl Street, Room 370) to be filed under seal, along with a copy of the Court’s order granting the application.
Page 12 | B. Criminal Matters
Any party wishing to request permission to file document(s) or information under seal in a criminal matter must email its application to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, copying all counsel unless the application concerns an ex parte matter.
Any party wishing to request permission to file document(s) or information under seal in a criminal matter must email its application to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, copying all counsel unless the application concerns an ex parte matter.
Page 12 | B. Criminal Matters
Unruled sealed documents must be brought to proceedings for Court review.
If the Court has not ruled on the party’s application for sealed filing of a document submitted in connection with a criminal proceeding prior to such proceeding, the applying party must bring a hard copy of the document to the proceeding for the Court’s review and potential filing under seal.
Page 12 | B. Criminal Matters
Opposing party must file letter explaining need to seal within 3 days.
When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, the filing 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.
To the extent any party seeks leave to file a document or information under seal in paper copy, rather than on the Court’s ECF system, by virtue of that document or information containing classified information or information that could harm national security, or if its disclosure could
To the extent any party seeks leave to file a document or information under seal in paper copy, rather than on the Court’s ECF system, by virtue of that document or information containing classified information or information that could harm national security, or if its disclosure could
Follow procedures in Amended Standing Order 21-mc-0006 for paper sealed filings.
it must seek leave to do so following the procedures set forth in the Court’s Amended Standing Order, 21-mc-0006 (S.D.N.Y. June 27, 2024).
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.
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.
Must move for leave to file sealed documents on paper if unable to use 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.
Applications to file a sentencing memorandum, or material submitted in connection with a sentencing memorandum, under seal, should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, in compliance with subdivision B.4 above. The party seeking to file a submission under seal shall bring a hard copy of the unredacted submission to the sentencing hearing, in compliance with subdivision B.4 above.
Applications to file a sentencing memorandum, or material submitted in connection with a sentencing memorandum, under seal, should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, in compliance with subdivision B.4 above. The party seeking to file a submission under seal shall bring a hard copy of the unredacted submission to the sentencing hearing, in compliance with subdivision B.4 above.
Motion to seal must justify request under Lugosch standards and state if on consent.
The motion must justify the request in light of the standards set forth in Lugosch and state whether the request is on consent.
Sealed ECF documents cannot be served through ECF system.
sealed documents filed in ECF are no longer electronically accessible or viewable by non-court users, service of those documents can no longer be accomplished through ECF. Parties must serve sealed documents by other appropriate means consistent with the applicable Federal Rules of Procedure.
Civil adjournment requests with sensitive/confidential information must be filed on ECF using sealed filing procedures.
A sensitive or confidential letter-motion in a civil case must be filed on ECF in accordance with the pertinent ECF sealed filing procedures (see subdivision A.5. below).
Page 2 | A. General Provisions
Redactions/sealing must be narrowly tailored and consistent with public access presumption.
To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.
Page 8 | 5. Redactions and Filing Under Seal
Sealed filing applications must include complete unredacted copies and explain redactions.
The email should also include complete, unredacted of all proposed redactions. The application must clearly identify the redaction(s) and explain the reasons for the redaction(s).
Page 12 | B. Criminal Matters
Filing Bundling Requirements
Motion papers must be filed at time of service or promptly thereafter.
Motion papers must be filed at the time of service or promptly thereafter.
Pre-Motion Conference Requirements
Pre-motion conferences not required for non-discovery motions
For motions other than discovery motions, pre-motion conferences are not required.
Motions in limine must be fully briefed one week before Final Pretrial Conference.
All motions in limine must be briefed so as to be fully submitted no later than one week before the Final Pretrial Conference. A courtesy copy of each submission should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov on the date the paper is served and filed.
Page 12 | B. Criminal Matters
Adjournment & Extension Requirements
Requests for adjournments or extensions must be filed on ECF as letter-motions.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions.
Page 2 | A. General Provisions
Adjournment requests for court appearances require 48-hour advance notice (except emergencies)
If the request is for an adjournment of a court appearance, absent an emergency it must be made at least 48 hours prior to the scheduled appearance.
Sentencing adjournment requests must be made in writing at least 3 business days before sentencing.
Adjournments. Any request for adjournment of a sentencing shall be made in writing as early as possible, but no later than three (3) business days before the date at issue, barring an unforeseen emergency. Such requests should state whether opposing counsel consents.
Criminal adjournment requests with sensitive/confidential information may be submitted by email instead of ECF.
If such a request in a criminal case contains sensitive or confidential information, it may be submitted by email, to SwainNYSDCorresp@nysd.uscourts.gov, in lieu of electronic filing.
Page 2 | A. General Provisions
Chambers Communication Rules
Gestures, facial expressions, and audible comments by counsel table are prohibited.
(16) Counsel must admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.
Only one attorney per party may examine/cross-examine each witness; objector gets cross.
(14) Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, will be the attorney recognized for cross-examination.
Pro se parties must submit all filings and communications through the Pro Se Intake Unit.
Pro se parties are directed to submit all filings and communications addressed to Judge Swain, whether related to a case pending before the Court, or to a matter the party wishes to direct to Judge Swain in her capacity as Chief Judge, through the Court’s Pro Se Intake Unit.
Page 1 | A. General Provisions
All letters to the Court must be filed electronically on ECF unless sealed or containing sensitive/confidential information.
Communications with Chambers must be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information that the sender believes should not be filed electronically (see subdivision A.5 below), all letters to the Court must be filed electronically on the ECF system.
Page 2 | A. General Provisions
The moving party should then email chambers at SwainNYSDCorresp@nysd.uscourts.gov, giving notice of the filing and the time frame requested for Court action.
The moving party should then email chambers at SwainNYSDCorresp@nysd.uscourts.gov, giving notice of the filing and the time frame requested for Court action.
Page 7 | 4. Proposed Orders and Judgments
Pro se parties must contact Pro Se Intake Unit for sealed filing direction.
Pro se parties who wish to seek permission to file documents under seal, and who do not have permission to file documents electronically, are directed to contact the Court’s Pro Se Intake Unit, at the contact information provided on the Court’s website, see https://www.nysd.uscourts.gov/prose/role-of-the-prose-intake- unit/contact, for appropriate direction.
Pro se filings must go through Pro Se Intake Unit, not directly to chambers.
All filings and communications from by pro se parties must be filed through the Pro Se Intake Unit, and must not be emailed, mailed, or faxed directly to chambers.
Pro se parties should not call chambers; use Pro Se Intake Unit instead.
pro se parties should not call chambers; procedural questions should instead be addressed to the Court’s Pro Se Intake Unit.
(12) Avoid disparaging or disrespectful personal remarks or acrimony toward opposing counsel and remain wholly detached from all ill feeling between
(12) Avoid disparaging or disrespectful personal remarks or acrimony toward opposing counsel and remain wholly detached from all ill feeling between
(3) Please stand whenever you address the Court. This includes the making of objections. (Counsel with physical disabilities will be excused from this requirement as necessary.)
(3) Please stand whenever you address the Court. This includes the making of objections. (Counsel with physical disabilities will be excused from this requirement as necessary.)
(15) In examining a witness, counsel should not repeat or echo the answer given by the witness.
(15) In examining a witness, counsel should not repeat or echo the answer given by the witness.
(13) Please refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.
(13) Please refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.
Attorneys must not face or address jurors when questioning witnesses.
(9) Do not face or otherwise appear to address yourself to jurors when questioning a witness.
(11) Please address all remarks to the Court, not to opposing counsel.
(11) Please address all remarks to the Court, not to opposing counsel.
Attorneys may discuss expected jury instructions but cannot read or quote them.
(10) The jury should hear the instructions on the law of the case from the Court, an impartial source. In your final argument, you may tell the jury what you believe the substance of the Court’s instruction on a particular subject will be, but do not read or quote any instruction.
Attorneys must maintain distance from jury and use podium unless given permission to approach.
(4) Please stand a respectful distance from the jury at all times, addressing the jury and witnesses from the podium only, unless the Court gives you permission to approach the witness or to publish an exhibit to the jury.
Attorneys must stand at podium when questioning witnesses and avoid pacing.
(6) Stand at the podium when you question witnesses. (Counsel with physical disabilities will be excused from this requirement as necessary.) Do not pace about the courtroom when making arguments or questioning witnesses. This distracts the jury and wastes time.
Direct submissions to Judge Swain's chambers by pro se parties may be disregarded.
Submissions emailed, mailed, or faxed directly to Judge Swain’s chambers by pro se parties may be disregarded.
Page 1 | A. General Provisions
Letters between parties/counsel not addressed to the Court may not be filed on ECF.
Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document).
Page 2 | A. General Provisions
If the matter is time sensitive and Chambers does not respond within two (2) hours, the moving party may contact the Clerk’s Office before the end of the business day at (212) 805-0140.
If the matter is time sensitive and Chambers does not respond within two (2) hours, the moving party may contact the Clerk’s Office before the end of the business day at (212) 805-0140.
Page 7 | 4. Proposed Orders and Judgments
Represented parties should communicate with chambers by email to SwainNYSDCorresp@nysd.uscourts.gov, copying all counsel.
Communications with Chambers by represented parties should be made by email, directed to SwainNYSDCorresp@nysd.uscourts.gov. All counsel must be copied, unless the email concerns an ex parte matter.
Page 2 | A. General Provisions
Represented parties should email chambers for docketing, scheduling, and calendar matters.
For docketing, scheduling and calendar matters, represented parties should email Chambers, copying all counsel, at SwainNYSDCorresp@nysd.uscourts.gov.
Page 2 | A. General Provisions