PRE-2016 COMMITTEE NOTE
The recommended revised language of Local Civil Rule 1.8, which the Committee
understands has been worked out by the respective Courts, recognizes that both Courts
have adopted administrative orders dealing with the extent to which cameras,
recording devices, and other electronic devices will be permitted to be brought into
their respective courthouses. The environs of the courthouses are excluded from the
proposed local rule in accordance with the spirit of the settlement agreement so ordered
by the Court in Antonio Musumeci v. United States Department of Homeland Security, 10-
CV-3370 (RJH).
2016 COMMITTEE NOTE
The Rule has long restricted the act of bringing certain devices into any courthouse
without authorization. The amendment now prohibits the making of any audio or video
recording of a proceeding or communication with the Court, even if the device was
brought into the courthouse with authorization. The amendment encompasses activities
regardless of location, including the recording from a remote location of a telephone
conversation with a Judge, a member of a Judge’s staff or the Court’s staff or other
persons acting at the Court’s direction, including a mediator.
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
2024 COMMITTEE NOTE
The title of Local Civil Rule 1.8 has been revised to reflect the full scope of the rule,
which restricts the bringing of electronic equipment into any courthouse, the
permissible use of any electronic equipment that is allowed inside, and the broadcasting
or streaming of proceedings. The rule has also been amended to further specify who
may authorize the bringing of electronic equipment into a courthouse and the
photography or recording of court proceedings and communications. Finally, the rule
has also been amended to prohibit the broadcasting or streaming of any proceeding
unless authorized by the presiding judge in accordance with Judicial Conference policy.
2025 COMMITTEE NOTE
The rule has been amended to make clear that each court has authority to adopt
additional policies governing the possession or use of electronic equipment within any
courthouse, which policies will be posted on the court’s website or within any
courthouse to which the policies apply, to ensure that the courts have sufficient
flexibility to address time-sensitive matters including, for example, security concerns.
