Philip Morgan Halpern at a glance
- Current role
- Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Philip Morgan Halpern
Judge · U.S. District Court for the Southern District of New York
Service record and verification
Judicial service and assignments
- U.S. District Court for the Southern District of New York · Judge · Active · February 21, 2020–present · Assignment source ↗
Appointment and verification
- Appointment method
- Presidential appointment with Senate confirmation
- Appointing authority
- Donald J. Trump
- Source authority
- Federal Judicial Center Biographical Directory
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Biography
Professional career
- Judge, District Court, S.D. New York, 2020-present
- Adjunct professor, Elisabeth Haub School of Law at Pace University, 2016-2017, 2019
- Law clerk, Hon. Irving Ben Cooper, U.S. District Court for the Southern District of New York, 1980-1982, 1982-1983 (part-time)
Education
- Pace University-New York — J.D. (1980)
- Pace University School of Law (now Elisabeth Haub School of Law) — J.D. (1980)
- magna cum laude — Fordham University — 1977
- Fordham University — B.S. (1977)
Additional information
- Private practice, White Plains, New York, 1984-2020
- Private practice, New York City, 1982-1984
- Date of birth: 1956-04-17
- Birth place: Derby, CT
Applicable Court Rules & Procedures
Remote appearances
Courtwide
In federal district-court civil proceedings, testimony is ordinarily taken in open court; remote contemporaneous testimony requires good cause in compelling circumstances and appropriate safeguards.
For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗
Recording and broadcasting
Courtwide
Federal district courts may not permit courtroom photography or broadcasting during criminal judicial proceedings unless a statute or another federal rule provides an exception.
Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (76 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
A. Contact with Chambers. Except as otherwise set forth herein, telephone calls to chambers are permitted only in emergencies requiring immediate attention. The chambers phone number is (914) 390-4160. Emails or faxes to chambers are permitted only with prior authorization. Emailed or faxed submissions shall identify the authorizing individual in chambers. The chambers fax number is (914) 390-4193. In the event a party is directed to or must transmit an e-mail to Chambers, the e-mail address to be used is HalpernNYSDChambers@nysd.uscourts.gov. Copies of any communication with Chambers shall be simultaneously faxed, e-mailed, or hand- delivered to all counsel.
Source page 1Communications with chambers
B. Letters and Letter-Motions. Except as otherwise provided below, communications with the Court shall be by letter. Unless there is a request to file a letter under seal, letters and letter-motions shall be filed electronically on ECF, and must comply with the SDNY Local Rules and Electronic Case Filing Rules and Instructions.
Source page 1Filing and working copies
Letters to be filed under seal shall be filed in accordance with Rule 5 below. Letters solely between parties or their counsel or otherwise not addressed to the Court shall not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document).
Source page 1Adjournments
C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time shall be made in writing and filed on ECF as letter-motions in accordance with Rule 1(B) above. The letter-motion shall state: (1) the original date(s);
Source page 1Adjournments
(2) the reason 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. If the requested adjournment or extension affects any other scheduled dates, a proposed schedule shall be included in the letter. If the parties jointly request extensions of discovery deadlines set forth in the operative Civil Case Discovery Plan and Scheduling Order, the parties shall attach to the letter-motion a proposed revised Civil Case Discovery Plan and Scheduling Order.
Source page 1Adjournments
Absent an emergency, any request for adjournments or extensions must be made at least 48 hours prior to the scheduled appearance or deadline. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
Source page 2Communications with chambers
D. Related Cases. After an action has been accepted as related to a prior filing, all future court papers and correspondence shall contain the docket number of both the new action and the docket number of the case to which it is related (e.g., 13-CV-1234 [rel.
Source page 2Conferences and appearances
E. CM/ECF. In accordance with the Electronic Case Filing Rules & Instructions, counsel are required to register as ECF filers and enter an appearance in the case before the initial conference. Instructions are available on the Court website at https://nysd.uscourts.gov/electronic-case-filing.
Source page 2Adjournments
F. Letter-Motions. Letters requesting relief, such as requests for adjournments, extensions of time, and conferences (including pre-motion conferences) are considered letter-motions. A letter-motion must be filed via ECF and identified as a LETTER- MOTION using the ECF Filing Event MOTION, in compliance with the SDNY Local Rules and the SDNY Electronic Case Filing Rules & Instructions.
Source page 2Conferences and appearances
G. Other Letters Filed on ECF. Letters that are informational in nature, such as, for example, status reports regarding mediation or settlement, and that do not request relief should be filed using the ECF Filing Event LETTER listed under OTHER
Source page 2Motion practice
H. Courtesy Copies. Except as expressly indicated herein concerning marked pleadings, motions, pre-trial submissions, and bankruptcy appeals, do not provide courtesy copies of documents filed via ECF.
Source page 2Conferences and appearances
A. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel shall appear at all conferences. Barring extraordinary circumstances, parties will not be permitted to appear at conferences telephonically.
Source page 2Conferences and appearances
If an initial conference has not been scheduled within 2 months after the service of the commencement papers or the filing of the notice of removal (and all defendants have filed a response to the pleading), counsel shall send a letter to alert the Court.
Source page 3Adjournments
The Notice will direct the parties to submit, one week prior to the conference date, a proposed Civil Case Discovery Plan and Scheduling Order, which is available on Judge Halpern’s individual page on the S.D.N.Y. website. If defense counsel has not appeared at least one week prior to the conference date, plaintiff’s counsel is directed to submit a letter requesting an adjournment and informing the Court of the status of defense counsel’s appearance and whether plaintiff intends to seek a default judgment.
Source page 3Conferences and appearances
In any action in which subject-matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, one week prior to the initial conference, file via ECF a letter no longer than 2 double-spaced pages explaining the basis for that party’s assertion that diversity of citizenship exists and that the amount in controversy exceeds $75,000. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees. See Fed. R. Civ.
Source page 3Motion practice
C. Pre-Motion Conference. A pre-motion conference is required prior to the filing of any motion, except in pro se cases, post-judgment motions, motions for reargument or reconsideration, motions for admission pro hac vice, motions for attorneys’ fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in class actions, objections to Magistrate Judges’ rulings, motions for sanctions, motions to withdraw as counsel, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.
Source page 3Motion practice
Except for discovery-related motions (see Rule 4(D)), to request a pre-motion conference, the movant shall file a letter to the Court, not exceeding 5 pages double- spaced, absent prior permission from the Court, setting forth the basis for the anticipated motion. Opposition letters, not exceeding 5 double-spaced pages, absent prior permission from the Court, shall be submitted within 5 business days after receipt of the movant’s letter. No reply letters will be permitted absent prior permission from the Court. As applicable, the parties must also comply with the additional rules set forth below for motions seeking a default judgment, motions to dismiss, discovery- related motions, motions for summary judgment, or motions for temporary restraining orders. Thereafter, the Court shall notify the parties of the date set for the pre-motion conference.
Source page 3Motion practice
In pro se cases, the party contemplating a motion shall still file a pre-motion letter and the opposing party shall still file an opposition letter in accordance with this Rule. However, the Court may, in its discretion, waive the pre-motion conference.
Source page 4Motion practice
Counsel should note that in all cases where a pre-motion letter is required, the pre- motion letter may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App’x 8, 15 (2d Cir.
Source page 4Filing and working copies
B. Courtesy Copies of Pleadings. As soon as practicable, and after answers and/or replies are filed, each party shall provide a courtesy copy of that party’s marked pleading to the Court. Partial admissions or denials shall be underscored and denoted as such.
Source page 4Communications with chambers
A. Courtesy Copies. As soon as practicable, the parties shall provide courtesy copies to chambers of all motion papers, including all declarations and affidavits with exhibits. One copy of such papers, with the exhibits tabbed and indexed, shall be mailed to Chambers at the time of filing. In lieu of mailing, if hand-delivered, courtesy copies should be delivered to the Clerk’s Office on the first floor of the courthouse, not to Chambers. Courtesy copies may not be submitted through the ECF system or by e- mail. Courtesy copies should be clearly marked as such.
Source page 4Motion practice
All courtesy hard copies of papers submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. Copies should be printed one-sided. Rather than submitting large documents that do not lie reasonably flat when open, parties should submit multiple volumes.
Source page 4Motion practice
B. Motions for Default Judgments. A plaintiff seeking a default judgment shall proceed by way of order to show cause, pursuant to the procedure set forth in Attachment A.
Source page 4Motion practice
i. In the case of a motion to dismiss, the parties shall exchange 2 sets of pre- motion letters.
Source page 4Courtroom conduct and technology
The plaintiff shall respond by similar letter, not exceeding 5 double-spaced pages, within 5 business days indicating the extent, if any, to which plaintiff concurs with defendant’s objections and the amendments, if any, to be made to the complaint to address them, or the reasons and controlling authority that support the pleadings as filed. The parties shall not submit copies of these letters to the Court.
Source page 5Communications with chambers
If the time to amend the complaint has expired, the plaintiff may seek leave to amend to address deficiencies identified in this first exchange of letters. Such leave to amend should be sought before the second exchange of letters described in Rule 4(C)(iii) below. Under these circumstances, the Court will liberally grant the plaintiff leave to amend and will grant the defendant an extension of time to answer the complaint as appropriate. This practice may be especially effective as to certain types of motions frequently made that may be avoidable by pre-motion communication between the parties, with or without the Court’s involvement, including but not limited to the following: naming a wrong defendant, misnaming a defendant, failing to name a necessary or indispensable party, failing to exhaust available remedies, absolute immunity, expiration of the statute of limitations as to some or all of the claims asserted, failure to satisfy a prerequisite to litigation such as a Right to Sue Letter, and failure to plead the particulars of a fraud claim under Fed. R. Civ. P. Rule 9(b).
Source page 5Motion practice
A plaintiff seeking leave to amend shall follow Rule 2(C) for the submission of pre-motion letters and shall annex both a clean and redlined version of the proposed amended pleading, and shall otherwise comply with Local Civil Rule 15.1.
Source page 5Motion practice
iii. Second: If, after the first exchange of letters, the defendant still wishes to file a motion to dismiss, the parties shall follow the steps set forth in Rule 2(C) above for pre-motion letters which shall be filed with the Court, including in pro se cases. Transmittal of a pre-motion letter for a proposed motion pursuant to Fed. R. Civ. P. 12(b) stays the time to answer or move to dismiss until further order of the Court.
Source page 5Motion practice
iv. If a motion to dismiss is filed, the plaintiff has a right to amend its pleading within twenty-one days, pursuant to Fed. R. Civ. P. 15(a)(1)(B). Counsel should note that the Court will not countenance gamesmanship in connection with topics raised by the exchange of letters made pursuant to Rule 4(c)(ii) above. If the plaintiff elects not to amend its pleading, no further opportunities to amend to address the deficiencies identified by the motion to dismiss will
Source page 5Motion practice
ordinarily be granted absent good cause, and the motion will proceed in the normal course, pursuant to the briefing schedule set by the Court. If the plaintiff does amend its pleading, the movant shall, within twenty-one days of such amendment: (1) file an answer; (2) file a new motion to dismiss in accordance with these Rules; or (3) file a letter with the Court stating that it relies on the previously filed motion to dismiss. If the movant files an answer or a new motion to dismiss, the Court shall dismiss the original motion to dismiss as moot without further notice to the parties.
Source page 6Motion practice
D. Discovery Motions. For discovery-related motions, follow Local Civil Rule 37.2, which requires the moving party to request a conference with the Court before the filing of any such motion. The pre-motion letter shall be a joint letter from all counsel limited to five pages double-spaced outlining the discovery disputes sought to be addressed. Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved.
Source page 6Trial exhibits and witnesses
i. Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case.
Source page 6Motion practice
ii. Except in pro se cases, any party wishing to move for summary judgment, prior to requesting a pre-motion conference, shall first provide all other parties with an electronic copy of its Statement of Material Facts pursuant to Local Civil Rule 56.1. The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 Statement that has not previously been produced during discovery. Service of the Rule 56.1 Statement does not operate to toll or otherwise extend the deadline set forth in Fed. R. Civ. P.
Source page 6Courtroom conduct and technology
iv. The Rule 56.1 Statement shall be served on all other parties sufficiently in advance of the deadline to move for summary judgment under Fed. R. Civ. P. 56(b). Within two weeks of such service, opposing parties shall reproduce each entry in the movant’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it. Should the non-movant deem a counterstatement of facts necessary to address facts applicable to claims for relief or defenses, such counterstatement shall be set forth at the end of the Rule 56.1 Statement and shall be served upon the movant for inclusion of its responses. The Rule 56.1 Statement with responses, together with any counterstatement and responses, shall be set out in a single document.
Source page 6Trial exhibits and witnesses
vi. Each citation to evidence required by Local Civil Rule 56.1(d) must identify, when applicable, specific portions of the record, including page, line, and paragraph numbers.
Source page 7Motion practice
viii. Pursuant to Rule 2(C) above, the prospective movant shall file a pre-motion letter informing the Court of the basis for its anticipated motion for summary judgment, and attaching the single document representing their Rule 56.1 Statement and the opposing party’s responses thereto. In pro se cases, the prospective movant is still required to file a Rule 56.1 statement with its pre- motion letter. No evidence shall be submitted with the pre-motion summary judgment letter. Transmittal of a pre-motion letter for a proposed motion pursuant to Fed. R. Civ. P. 56, together with the Rule 56.1 Statement with responses, stays the time to file a motion for summary judgment until further order of the Court. Opposition letters in conformance with Rule 2(C) shall be filed with Court within 5 business days after receipt of the prospective movant’s letter. In pro se cases, the opposition letter shall include opposition to the prospective movant’s Rule 56.1 statement. The Court shall notify the parties of the date set for the pre-motion conference in accordance with Rule
Source page 7Motion practice
ix. The Rule 56.1 statement filed with the pre-motion letter shall, should a motion for summary judgment be filed, be modified only to the extent of properly referencing the affidavits, exhibits, and other citations to the documents actually submitted in support of the motion.
Source page 7Motion practice
x. Following the pre-motion conference, should a motion for summary judgment be filed, in addition to evidence relating to the Rule 56.1 Statement and/or opposition thereto, any deposition or hearing transcript supplied in connection therewith shall be submitted in its entirety and in a one-page-per-sheet format with an index.
Source page 7Motion practice
xi. Except in pro se cases, the parties should provide the Court with an electronic, text-searchable courtesy copy of any hearing or deposition transcript, or portion thereof, on which the parties rely on such summary judgment motion, if a copy is available, unless doing so would be unduly burdensome. Parties may provide these materials on a CD or DVD (not by email).
Source page 7Motion practice
F. Motions Brought by Order to Show Cause and for Emergency Relief, Including Temporary Restraining Orders. Ordinarily, motions should be made by Notice of Motion. However, a motion for a preliminary injunction and/or temporary restraining order should be brought by Order to Show Cause and not filed as a motion.
Source page 8Motion practice
The Court generally will not sign an Order to Show Cause, with or without a request for emergency relief, prior to a conference with the parties. A party seeking the issuance of an Order to Show Cause, with or without a request for emergency relief, shall request such a conference by letter-motion in accordance with Rule 2(C). The moving party shall confer with its adversary before making an application including emergency relief and/or for a temporary restraining order, unless the requirements of Fed. R. Civ. P. 65(b) are met.
Source page 8Motion practice
As soon as a party decides to seek a temporary restraining order, he or she shall, in addition to filing the proposed temporary restraining order in accordance with the Electronic Filing Rules then in effect, file a letter-motion via ECF stating whether: (1) he or she has notified the adversary and if the adversary consents to temporary injunctive relief or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary. If a party’s adversary has been notified of the requested emergency relief or temporary injunctive relief but does not consent, the party seeking such relief shall indicate same in their letter and provide alternative dates and times for the Court to determine a time mutually agreeable to the Court, the party, and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to issue the requested Order to Show Cause and/or grant emergency or temporary injunctive relief.
Source page 8Motion practice
G. Hearings on Motions for Preliminary Injunction. In the event the Court schedules a hearing on a party’s motion for a preliminary injunction, at least one week prior to
Source page 8Trial exhibits and witnesses
iv. A list by each party of exhibits to be offered, with a notation indicating exhibits to which there is an objection and the basis therefor. The failure to include a notation and basis may be deemed a waiver of any objection. Exhibits should be pre-marked: Plaintiff’s exhibits shall be designated by number and Defendant’s by letter.
Source page 8Discovery
The Court will ordinarily require that the parties submit post-hearing briefs in accordance with Rule 4(H) or as otherwise directed by the Court. There shall be no wholesale filing of deposition transcripts or other discovery responses as exhibits.
Source page 9Motion practice
i. A memorandum of law shall accompany motion and opposition papers. The memorandum shall set forth all facts relevant to the motion and, for each factual statement, provide one or more citations to declarations, affidavits, or other evidence in the records. The parties’ memoranda of law shall include citations to the underlying exhibits supporting their propositions.
Source page 9Motion practice
In the case of summary judgment motions, factual statements must be supported by citations to both the record evidence and the Rule 56.1 statement, if contained therein.
Source page 9Motion practice
ii. The Court encourages and appreciates brevity. Memoranda of law in support of and in opposition to motions shall comply with the formatting and length requirements set forth in Local Civil Rule 7.1. Unless prior permission has been granted, sur-reply memoranda will not be accepted. With respect to objections to Magistrate Judges’ rulings, unless prior permission has been granted, memoranda of law (including responses) shall not exceed 15 pages.
Source page 9Trial exhibits and witnesses
I. Exhibits. All exhibits shall be tabbed, indexed, and submitted in compliance with Local Civil Rule 7.1(a)(3).
Source page 9Motion practice
K. Text Searchable. All pleadings, letters, motion papers, affidavits, or any other document containing text shall be text searchable.
Source page 9Motion practice
N. Motions to Exclude Testimony of Experts. Motions to exclude testimony of experts pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, shall be made as motions in limine for trial (see Rule 6(B)(iii)), unless for good cause shown, resolution of the motion is required to determine a summary judgment or other dispositive motion.
Source page 10Filing and working copies
A. Sealing/Redactions Not Requiring Court Approval. Fed. R. Civ. P. 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.
Source page 10Motion practice
Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (“PINs”); 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.
Source page 10Motion practice
B. Sealing/Redaction Requiring Court Approval. 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, sections 6 and 21.
Source page 10Motion practice
The motion must be filed in public view, must explain the 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.
Source page 10Motion practice
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.
Source page 10Motion practice
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.
Source page 11Filing and working copies
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. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).
Source page 11Filing and working copies
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. In that case, paper copies shall be served contemporaneously upon all other parties.
Source page 11Communications with chambers
A. Joint Pretrial Orders in Civil Cases. Unless otherwise ordered by the Court, within 30 days after the deadline for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties shall submit to the Court for its approval a Joint Pretrial Order, with one courtesy hard copy for Chambers. In pro se cases, it is the responsibility of the counseled party to advise the pro se party of this obligation. The Joint Pretrial Order shall include the
Source page 11Trial exhibits and witnesses
vii. A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).
Source page 12Communications with chambers
B. Filings Prior to Trial in Civil Cases. Unless otherwise ordered by the Court, each party shall file the following documents (and submit one courtesy hard copy to Chambers) 21 days before the date of commencement of trial if such a date has been
Source page 12Trial exhibits and witnesses
i. In jury cases, proposed joint voir dire questions, joint requests to charge, and a joint verdict form. The parties’ proposed voir dire and jury instructions shall each consist of a single document, noting any areas of disagreement between the parties. The proposed jury instructions shall include both the text of any requested instruction as well as a citation to the authority from which it derives.
Source page 12Trial exhibits and witnesses
Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded. In addition to
Source page 12Communications with chambers
being filed in the normal manner, joint voir dire questions, joint requests to charge, and a joint verdict form should be emailed to Judge Halpern’s law clerk at the Chambers e-mail address provided above in Word format.
Source page 13Trial exhibits and witnesses
ii. In non-jury cases, or for any non-jury issues to be decided in a jury trial context, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed and cite whenever possible to evidence expected to be presented at trial. Proposed findings of fact should address each factual element of the claim for relief or defense at issue. Proposed conclusions of law should include a statement of the elements of each claim for relief or defense.
Source page 13Motion practice
iii. In all cases, where necessary, motions addressing any evidentiary or other issues that should be resolved in limine. A single motion addressing appropriate evidentiary or other in limine issues may be filed and shall comply with applicable provisions of Individual Practices Rule 4.
Source page 13Communications with chambers
C. Filings in Opposition. Unless otherwise ordered by the Court, any party may file (and submit one courtesy hard copy to Chambers) the following documents within one week
Source page 13Communications with chambers
D. Additional Submissions in Non-Jury Cases. Unless otherwise ordered by the Court, each party shall submit to the Court (including 2 courtesy copies to Chambers) and serve, but not file, the following materials 21 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the Joint Pretrial
Source page 13Filing and working copies
i. Copies of affidavits constituting the direct testimony of each trial witness, except for the testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony during the trial. Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at trial. Unless otherwise ordered by the Court, only those witnesses (as opposed to parties) who will be cross-examined need to appear at trial. Counsel shall ensure such witnesses are available so as not to delay the trial. The original signed affidavits shall be marked as exhibits at trial.
Source page 13Motion practice
7. Post-Trial Procedures. Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects (e.g., syntax, spelling or punctuation) should be ignored.
Source page 14Conferences and appearances
8. Orders and Stipulations of Settlement. Should the parties request, the Court will consider so-ordering the parties’ stipulations of settlement, including the retention of continuing jurisdiction for the enforcement of same.
Source page 14Communications with chambers
9. Bankruptcy Appeals. Briefs shall be submitted in accordance with Federal Rules of Bankruptcy Procedure 8015 through 8018 unless otherwise ordered by the Court. One courtesy copy of the briefs and the bankruptcy record on appeal, marked as such, shall be submitted to chambers by the appellant at the time the reply is due.
Source page 14Motion practice
1. After obtaining a Clerk’s Certificate of Default (see SDNY Electronic Case Filing Rules & Instructions, Section 16.1), prepare a proposed Order to Show Cause Without Emergency Relief and make the Order returnable before Judge Halpern in Courtroom 520 of the Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, New York 10601. Leave blanks for the Court to fill in (i) the date and time of the hearing, (ii) the date by which opposing papers must be served and filed, and (iii) the date by which the moving party must serve the Order and supporting documents on the non-moving party.
Source page 15Trial exhibits and witnesses
b. an affidavit from a party with personal knowledge of damages and the basis for each element of damages, including interest, attorney’s fees, and costs (unless requesting an inquest), attaching exhibits as necessary to support the basis therefor;
Source page 15Motion practice
4. After Judge Halpern signs and dockets the Order to Show Cause, serve a copy of the Order and attachments on defendant(s) as directed. At least 3 business days before the hearing date, electronically file proof of service of the signed Order to Show Cause.
Source page 15Shared court rules
SDNY and EDNY — Joint Local Civil and Criminal Rules
U.S. District Court for the Southern District of New York
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Official source ↗ · Collected 2026-10-27Federal Rules of Civil Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
Civil actions in United States District Courts; Rule 81 exceptions apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Federal Rules of Criminal Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Sources
Identity source checked July 25, 2026.
Biography sources checked August 3, 2026.
Federal Judicial Center biography
Identity source · HTML · Federal Judicial Center Biographical Directory · effective February 21, 2020 · Source checked July 25, 2026
View Federal Judicial Center biography ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Federal Rule of Civil Procedure 43(a), Testimony in Open Court
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗