Judgment
PRE-2024 COMMITTEE NOTE
The requirement embodied in Local Civil Rule 56.1 is firmly rooted in the local practice
of the Southern and Eastern Districts, and the Committee recommends its retention. The
language of Local Civil Rule 56.1 was revised in 2004 to make clear that any statement
pursuant to Local Civil Rule 56.1 must be divided into brief, numbered paragraphs, that
any opposing statement must respond specifically and separately to each numbered
paragraph in the statement, and that all such paragraphs in both statements and
opposing statements must be supported by citations to specific evidence of the kind
required by Fed. R. Civ. P. 56(c). The Committee believes that the language adopted in
2004 sets forth these requirements clearly, and it does not recommend any changes in
that language.
2024 COMMITTEE NOTE
Under the amended Local Civil Rule 56.1, a party filing a motion for summary
judgment in a case brought pursuant to the Administrative Procedure Act or the
Freedom of Information Act no longer needs to file a Local Civil Rule 56.1 statement of
material facts. Such submissions are not necessary in those cases given that they usually
involve review of administrative decisions where a denial of summary judgment results
in remand to an agency, not a trial before the district court. The rule also contemplates
that there may be other cases, such as those involving review of an administrative
record or those where the only relief sought is attorney’s fees, where a Local Civil Rule
56.1 statement may be excused by the court, on its own or upon application of a party.
In addition, the rule has been amended to make more explicit that each paragraph in
the counterstatement filed by a party opposing summary judgment must admit or deny
the truth of the correspondingly numbered paragraph in the moving party’s statement.
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
