LAURA TAYLOR SWAIN UNITED STATES DISTRICT COURT TAMMI HELLWIG
CHIEF JUDGE SOUTHERN DISTRICT OF NEW YORK CLERK OF COURT
500 PEARL STREET, NEW YORK, NY 10007
300 QUARROPAS STREET, WHITE PLAINS, NY 10601
www.nysd.uscourts.gov
Electronic Case Filing Rules
Effective February 2, 2026
SDNY ELECTRONIC CASE FILING RULES
Section Table of Contents Page
Introduction........................................................................................................................ 3
What’s New…………………………………………………………………………………………………………………. 4
1. Scope of Electronic Case Filing…………………………….…………………………………..………… 5
2. Eligibility and Registration……………………….………………….…………….....……………………. 6
3. Consequences of Electronic Filing…………………………………….………………………………… 7
4. Entry of Court Orders…………………………………………………………….…………………………… 7
5. Attachments and Exhibits…………………………………………………………….…………………….. 8
6. Sealed Filing………………………………………………...………………………………….….…………….. 8
7. Retention Requirements……………………………………………………………………….….……….. 13
8. Signatures………………………………………………………………………………………….………………. 13
9. Service of Documents by Electronic Means……………………………………………………….. 14
10. Notice of Court Orders and Judgments………………………………………………………………. 14
11. Technical Failures………………………………………………………………………………………………. 14
12. Public Access……………………………………………………………………………………………………… 15
13. ECF Basics…………………………………………………………………………………………………………… 15
14. Opening a Civil Action…………………………………………………………………………………………. 22
15. Amended Pleadings and Motions……………………………………………………………………….. 25
16. Judgments………………………………………………………………………………………………………….. 25
17. Appeals………………………………………………………………………………………………………………. 27
18. Non-Electronic Documents…………………………………………………………………………………. 28
19. Service of Electronically Filed Documents…………………………………………………………… 28
20. Attorney Appearances………………………………………………………………………………………… 30
21. Privacy and Public Access to ECF Cases……………………………………………………………….. 32
22. Electronic (ECF) Filing Privileges………………………………………………………………………….. 34
23. ECF Computer System Information…………………………………………………………………….. 34
24. ECF Help Desk and Training………………………………………………………………………………… 35
Appendix……………………………………………………………………………………………………………………… 37
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SDNY ELECTRONIC CASE FILING RULES
Introduction
All new civil and criminal cases filed in this Court after December 2, 2003, are assigned to the court’s
Electronic Case Filing (ECF) system. With certain limited exceptions outlined below, documents must
be electronically filed. The information in this document applies only to cases assigned to the ECF
system.
See section 2, Eligibility and Registration, below for information regarding obtaining permission to
electronically file in this court.
Please reference any addenda to these Rules for interim updates.
The following should be observed when filing electronically:
• The Federal Rules of Civil and Criminal Procedure,
• The Court’s Local Rules,
• The assigned judge’s Individual Practices, and
• The Court’s Electronic Case Filing Rules.
The Court is prepared to assist you in filing electronically in the following manner:
• The SDNY Electronic Case Filing Rules are your guide to electronic filing.
• Training in Electronic Case Filing (ECF) is available both in person at the courthouse and
on-line at https://www.nysd.uscourts.gov/electronic-case-filing (See also section 24 -
ECF Help Desk and Training).
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SDNY ELECTRONIC CASE FILING RULES
What’s New
The most significant amendments concern sealed filings (section 6), and applications for emergency relief
(Rule 13.19). Additional changes were made for stylistic and formatting purposes. The amended Rules
include, but are not limited to:
6.4 Must all Motions/Letter Motions to Seal or Redact be electronically filed in ECF?
Revised to clarify sealed filing through ECF is only permitted in civil and miscellaneous cases.
6.7 How is service of sealed documents accomplished?
New rule 6.6 has been added to note the need to serve sealed filings outside the ECF system.
6.9 What are Viewing Levels, and how can I limit access to a proposed sealed document filed on ECF?
Deleted, as the ability to select a viewing level and a corresponding level of remote access is no
longer available in ECF. Sealed filings on ECF are now viewable only by court users.
6.14 How do I electronically file a new civil case under seal?
Edited to separate information regarding filing of a redacted complaint in an otherwise publicly
accessible case into a new Rule 6.15.
13.1 May letters be filed electronically?
Revised to remove “Motion to Change Attorney Name on Roll.” This SDNY filing event is no
longer necessary as name change requests are now processed through PACER.
13.3 How are exhibits filed?
Revised to clarify audio and video files may not be filed through ECF.
13.19 How do I file an application for emergency relief?
Revised to clarify procedures for filing an application for emergency relief and note the
importance of contacting the Part 1 Judge regarding an emergency application filed after hours.
14.9 Am I required to deliver other documents to my adversary?
Deleted, as plaintiffs are no longer required to deliver a copy of the assigned judge’s individual
practices when serving a summons and complaint, due to the availability of Individual Practices
on-line.
20.3 How do I file a Notice of Appearance in an ECF case?
Revised to add a reference to the new Pro Bono Notice of Appearance filing event.
20.11 Where can I learn more about resignation from the S.D.N.Y. bar?
New Rule 20.11 has been added to alert filers to the process for filing a letter of resignation
through the ECF system.
23.4 Is there a limit to the size of a document that can be filed on ECF?
Revised to reflect an increase in the permissible size of an individual PDF to 15 mb.
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Electronic Case Filing Rules
The Court will accept for filing documents submitted, signed, or verified by electronic means that comply
with the following rules.
Section 1. Scope of Electronic Filing
1.1 Except as expressly provided and in exceptional circumstances preventing a party from filing
electronically, all documents required to be filed with the Court must be filed electronically. Any party
unable to comply with this requirement must seek permission of the Court to file in the traditional manner,
on paper. Any such application made after regular business hours may be submitted through the night
depository box maintained pursuant to Local Civil Rule 1.2.
Pro se parties without electronic filing privileges (see Rule 2.2 below) may file documents via email subject
to the procedures, limitations and payment guidelines set out in Appendix C below.
Pro se parties without electronic filing privileges may also submit documents in the traditional manner, on
paper, by delivering documents in-person, by regular mail, or after regular business hours through the night
depository box located in the lobby of the U.S. Courthouse at 500 Pearl Street, New York, NY. Documents
submitted by pro se parties in paper form may be scanned and docketed by the Clerk’s Office into the ECF
system.
1.2 In civil and miscellaneous cases the filing of the initial papers, including complaints, notices,
petitions, etc., the payment of any applicable fees and the request for and issuance of summonses will be
accomplished electronically. (See section 14 - Opening a Civil Action).
1.3 Unless limited by their terms to civil cases, the provisions of these procedures relating to electronic
filing apply in miscellaneous and criminal cases.
1.4 In a criminal case the indictment or information, including any superseders, shall be filed and given
to the defendant in the traditional manner, on paper in accordance with the Federal Rules of Criminal
Procedure and applicable Local Rules rather than electronically; in addition, service of subpoenas shall be
made in the traditional manner on paper in accordance with the Federal Rules of Criminal Procedure and
applicable Local Rules. After a criminal case has been opened, counseled parties must promptly provide
the Clerk of Court with electronic copies in PDF-A format of all documents previously provided in paper
form. All subsequent documents must be electronically filed except as provided in these ECF Rules or as
ordered by the Court.
1.5 The Clerk of Court shall write and revise as necessary Rules to guide Filing Users and maximize the
efficiency of the Electronic Case Filing system.
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Section 2. Eligibility and Registration
2.1 Attorneys admitted to the bar of this Court, including those admitted pro hac vice and attorneys
authorized to represent the United States, are required to register as Filing Users of the Court’s ECF system.
Unless excused by the Court, attorneys not already Filing Users appearing in cases must register as Filing
Users. Registration is accomplished through the Public Access to Court Electronic Records (PACER)
system. Registration is in a form prescribed by the Clerk and requires the Filing User’s name, address,
telephone number, Internet e-mail address and a declaration that the attorney is admitted to the bar of
this Court or authorized to represent the United States or admitted pro hac vice. See the ECF page at
https://www.nysd.uscourts.gov/attorney-registration for details.
2.2 (a) The Court may permit or require a pro se party to a pending civil action to register as a Filing
User in the ECF system solely for purposes of that action. Registration is in a form prescribed by the Clerk
and requires identification of the action as well as the name, address, telephone number and Internet e-
mail address of the party. A sample Motion for Permission for Electronic Case Filing is available here. The
Court may require the party to attend in-person training for Electronic Case Filing as a condition of
registering as a Filing User. If, during the course of the proceeding, the party retains an attorney who
appears on the party's behalf the attorney must advise the Clerk to terminate the party's registration as a
Filing User upon the attorney's appearance.
(b) A pro se party who is not incarcerated may consent to be a Receiving User (one who receives
notices of court filings by e-mail instead of by regular mail, but who cannot file electronically). A sample
Pro Se (Non-prisoner) Consent & Registration Form to Receive Documents Electronically is available here.
2.3 Filing Users agree to protect the security of their passwords and immediately notify the Clerk and
PACER if they learn that their password has been compromised.
2.4 In a civil action the Clerk will transmit Notices of Electronic Filing (NEF) to:
(a) the attorney who electronically filed the case initiating document;
(b) each attorney identified on the Civil Cover Sheet or case initiating document in cases
opened on the ECF system by the Clerk;
(c) each additional attorney who subsequently appears in the action and electronically files a
Notice of Appearance;
(d) any pro se party who has received permission from the Court to register as a Filing User;
and
(e) any pro se party who has registered as a Receiving User.
In a criminal case the Clerk will enter, as Filing Users to whom Notices of Electronic Filing will be transmitted
and who will be granted access to electronically file and retrieve documents in the case, the attorney(s) for
the United States identified on the Criminal Designation Form or subsequently identified as representing
the United States in the case and each attorney electronically filing a Notice of Appearance on behalf of a
defendant.
2.5 An attorney of record may, by written request to the judge, have transmission of Notices of
Electronic Filing (NEF) to another attorney in his or her firm terminated. Please review the judge’s
Individual Practices. (See section 22 - ECF Passwords).
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Section 3. Consequences of Electronic Filing
3.1 Except as otherwise provided in section 4 herein, electronic filing of a document in the ECF system
consistent with these procedures, together with the transmission of a Notice of Electronic Filing (NEF) from
the Court, constitutes filing of the document for all purposes of the Federal Rules of Civil Procedure, the
Federal Rules of Criminal Procedure, and the Local Rules of this Court and constitutes entry of the
document on the docket kept by the Clerk under Federal Rules of Civil Procedure 58 and 79 and Federal
Rules of Criminal Procedure 49 and 55.
3.2 When a document has been filed electronically, the official record is the electronic recording of the
document as stored by the Court (subject to the exception set out in section 4 below), and the filing party
is bound by the document as filed. Except in the case of documents first filed in paper form and
subsequently submitted electronically under section 1, a document filed electronically is deemed filed on
the date and time stated on the Notice of Electronic Filing (NEF) from the Court. For pro se litigants, paper
documents filed with the Court, and subsequently scanned and docketed to the ECF system, shall be
deemed filed on the date the documents are received by the Court. Paper documents scanned and
docketed to the ECF system by the court are subject to disposal.
3.3 Electronic filing must be completed before midnight local time where the Court is located in order
to be considered timely filed that day.
3.4 Judges’ Individual Practices should continue to be followed with respect to delivery of courtesy
copies. (See section 19 - Service of Electronically Filed Documents).
Section 4. Entry of Court Orders
4.1 All orders, decrees, judgments and proceedings of the Court will be filed in accordance with these
procedures and entered on the docket kept by the Clerk under Federal Rules of Civil Procedure 58 and 79
and Federal Rules of Criminal Procedure 49 and 55. Orders of the Court may appear solely in electronic
form. Documents may be signed by a judge using an electronic signature or may be scanned so as to contain
an image of the judge’s signature.
4.2 A Filing User submitting a document electronically that requires a judge’s signature must promptly
deliver the document in such other form, if any, as the Court requires. (See section 18 - Non-Electronic
Documents).
4.3 All Filing and Receiving Users have an obligation to review the Court’s actual order, decree, or
judgment, as available on ECF, and should not rely on the description of such order, decree or judgment in
the Notice of Electronic Filing (NEF) alone. In the case of any discrepancy between an order, decree, or
judgment of the Court and the description of such order, decree, or judgment in the NEF, the order, decree,
or judgment of the Court shall control.
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Section 5. Attachments and Exhibits
5.1 Filing Users must submit all documents referenced as exhibits or attachments in electronic form,
unless the Court permits paper filing. Each document filed as an exhibit must be filed as a separately
numbered attachment to the main document and must be clearly titled with an objective description of
the document (e.g., 6/14/19 Deposition of John Doe; 10/14/21 Letter from Smith to Jones; 3/15/20-
3/23/20 Email Thread between Doe and Roe) so that the nature of the exhibit and its relevance are clearly
discernible without the need to open the file. The filing of exhibits in text searchable format is encouraged
but not required.
5.2 A Filing User must submit as exhibits or attachments only those excerpts of the referenced
documents that are relevant to the matter under consideration by the Court. Excerpted material must
be clearly and prominently identified as such. Filing Users who file excerpts of documents as exhibits or
attachments under this procedure do so without prejudice to their right to file timely additional excerpts
or the complete document. Responding parties may file timely additional excerpts that they believe are
relevant or the complete document. A party may move before the Court for permission to serve and file
in hard copy documents that cannot be reasonably scanned.
5.3 In cases where the record of an administrative or other prior proceeding must be filed with the
Court, such record may be served and filed in hard copy without prior motion and order of the Court. (See
section 15 – Amended Pleadings and Motions).
Section 6. Filing Under Seal and Redactions
6.1 Do I need permission to file under seal or redact?
Yes. Documents may not be placed under seal or redacted without leave of the Court. A filing under
seal must be preceded by either a Motion to Seal, a Letter Motion to Seal or an Order of the Court
permitting filing under seal. (A Motion to Seal is not required for information redacted in accordance with
Federal Rule of Civil Procedure 5.2, and Federal Rule of Criminal Procedure 49.1.)
6.2 Is electronic filing under seal in ECF permitted in publicly accessible civil and miscellaneous cases?
Yes. Electronic filing under seal is permitted in publicly accessible civil and miscellaneous cases.
6.3 Is electronic filing under seal in ECF permitted in publicly accessible criminal cases?
No. Sealed filing in criminal cases must be accomplished in the traditional manner, in paper form, in
accordance with the court’s Non-Electronic Sealed Filing Instructions found under the Cases menu option
on the court’s website. Electronic filing under seal in magistrate cases is limited by the terms found in
Appendix B.
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6.4 Must all Motions/Letter Motions to Seal or Redact in civil and miscellaneous cases be electronically
filed in ECF?
Yes. Motions to Seal and Letter Motions to Seal/Redact in civil and miscellaneous cases must be
electronically filed through ECF.
6.5 Must all proposed sealed documents in civil and miscellaneous cases be electronically filed in ECF?
Consult the judge’s Individual Practices to determine if, in addition to the motion, the proposed sealed
document must also be electronically filed on the ECF system. Where the Individual Practices do not
expressly permit the electronic filing under seal of the proposed sealed document, or are silent on the
subject, the proposed sealed document must be submitted in the traditional manner, on paper.
6.6 In brief, how do I electronically file a Motion to Seal or Redact in civil and miscellaneous cases?
(a) Electronically file a Motion or Letter Motion to Seal in public view on the court’s ECF system.
(b) Electronically file any Affidavit or Declaration in Support of Motion in public view and
electronically relate it to the motion. (For information on redacting supporting documents
see below.)
(c) Electronically file the proposed sealed document under seal and electronically relate it to the
motion.
(d) If necessary, serve the filing on opposing counsel outside of the ECF system by other
appropriate means as provided by the applicable Federal Rules of Procedure. Then file proof
of service in the ECF system.
6.7 How is service accomplished for sealed documents?
Sealed documents filed electronically through the ECF system will not be accessible or viewable through
the ECF or PACER systems by non-court users. Service must therefore be accomplished outside of ECF by
other appropriate means as provided by the applicable Federal Rules of Procedure. Service of filed
documents outside the ECF system must always be followed by the filing of proof of service in the ECF
system. Sealed court orders will be served by first-class mail or other secure means approved by the
issuing judge.
6.8 Will sealed documents be accessible by non-court users?
No. Sealed documents filed electronically will not be accessible or viewable through the ECF or PACER
systems by non-court users, including the filing party and other case participants.
6.9 How do I electronically file documents in support of a Motion to Seal or Redact in civil and
miscellaneous cases?
Documents filed in support of a Motion to Seal or Redact must be filed separately from the motion, not as
attachments to the motion, and each must be electronically related to the motion. Supporting papers
may be filed under seal or redacted only to the extent necessary to safeguard information sought to be
filed under seal (see 6.8).
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6.10 How do I electronically file a proposed sealed document?
Contemporaneously with the filing of the Motion to Seal/Letter Motion to Seal, the proposed sealed
document must be separately filed, and it must be electronically related to the motion.
6.11 How do I electronically file a redacted document?
It is not possible to file both publicly and under seal in a single docket entry. You must therefore file the
entire document, including exhibits, twice: once publicly in redacted form; and again, as a proposed sealed
document in un-redacted form, with the redactions highlighted. Both documents must be electronically
related to the motion. In the publicly accessible entry, use the word “Redacted” in the title of the
document and in the summary docket text. If an entire exhibit is confidential, substitute a page in the
publicly accessible entry noting the exhibit is filed under seal (a/k/a placeholder or slip sheet). Caution
should be exercised when redacting electronically to ensure redacted text is fully masked. Not all forms
of electronic redaction are fully effective.
6.12 When electronically filing under seal, what will be visible to the public?
The motion and supporting papers must be filed in public view. Each will be visible to the public and
should not include confidential information sought to be filed under seal. Summary docket text on the
ECF Docket Report is always visible to the public and should never include confidential information sought
to be filed under seal.
6.13 How do I electronically file under seal or redact pursuant to a prior Court order?
Where a prior order of the Court permits filing your document under seal or in redacted form, and the
judge’s Individual Practices permit electronic filing under seal, no new motion is necessary. The
document may be electronically filed under seal, and must be electronically related to the order.
6.14 How do I electronically file a new civil case under seal?
By first electronically filing a motion to seal in a new miscellaneous case in ECF, then filing the civil case in
the traditional manner, in paper form (if your motion is granted). The miscellaneous case will be available
for public inspection – however, the motion (and attached documents) will be automatically filed under
seal. No filing fee is required.
Step 1: When seeking to file a fully sealed case:
(a) Electronically open a new miscellaneous case in ECF. A separate motion to file the
application under seal is not required (authority to file under seal is provided by
Standing Order (21-MC-13). Unless ordered unsealed by the court, the application
will remain under seal regardless of the court’s decision on the motion.
(b) Enter “ABC vs. DEF” when prompted for the party names;
(c) File the Miscellaneous case initiating document LEAVE TO FILE CASE UNDER SEAL.
Include the following as attachments:
(d) A Miscellaneous or Civil Cover Sheet with the true party names;
(e) Supporting documents, such as an Affidavit in Support and Memo of Law;
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(f) A proposed sealed Complaint;
(g) A proposed ORDER TO FILE CIVIL CASE UNDER SEAL (use sample order found in the
Appendix);
(h) Publicly file a Miscellaneous Cover Sheet, select Nature of Case M-98, and enter “ABC
vs. DEF” for party names.
Step 2: File the Civil Case in Paper Form
(a) If the Court grants a Motion to file the new civil case fully under seal, it must be filed
in the traditional manner, in paper form.
(b) Include a copy of the sealing order, the sealed complaint, both versions of the Civil
Cover Sheet (“ABC vs DEF” and true party names) and all documents saved on
electronic media.
(c) All subsequent filings must be submitted in paper form, until further order of the court.
6.15 How do I electronically file a publicly accessible civil case with a redacted complaint?
By first electronically filing a motion to seal in a new miscellaneous case in ECF, then filing the civil case in
the traditional manner, in paper form (if your motion is granted). The miscellaneous case will be available
for public inspection – however, the motion (and attached documents) will be automatically filed under
seal. No filing fee is required.
Step 1: If seeking only to redact the complaint (or any part of a case initiating document) in an
otherwise publicly accessible case:
(a) Electronically open a new miscellaneous case in ECF. A separate motion to file the
application under seal is not required (authority to file under seal is provided by
Standing Order (21-MC-13). Unless ordered unsealed by the court, the application
will remain under seal regardless of the court’s decision on the motion.
(b) Enter lead party name(s) when prompted (if seeking to redact a party name, enter
“ABC vs. DEF”);
(c) File the Miscellaneous case initiating document LEAVE TO FILE CASE UNDER SEAL.
Include the following as attachments:
A Miscellaneous or Civil Cover Sheet with the true party names (select Nature
of Case M-98);
Supporting documents, such as an Affidavit in Support and Memo of Law;
A proposed sealed Complaint in unredacted format for filing under seal;
A proposed sealed Complaint in redacted format for public filing;
A proposed ORDER TO FILE REDACTED COMPLAINT (use sample order found in
the Appendix);
(d) Publicly file a Miscellaneous Cover Sheet, select Nature of Case M-98, and enter the
true party names (if seeking to redact a party name, enter “ABC vs. DEF”).
Step 2: File the Civil Case in Paper Form
(a) If the Court grants a Motion to seal or redact only the complaint (or any part of a case
initiating document) in an otherwise publicly accessible case, file the new civil case in
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the traditional manner, in paper form.
(b) Include: a copy of the sealing order; the unredacted complaint for filing under seal; the
redacted complaint for public filing; and a Civil Cover Sheet (If party names are
anonymous, also include a Civil Cover Sheet using “ABC vs DEF” for the party names).
(c) Within 24 hours of filing the civil case in paper form, the filer must send PDF-A copies
of the case initiating documents by email to the Civil Case Openings Unit at
Case_Openings @nysd.uscourts.gov. Each document must be in a separate PDF-A
file no larger than 15.0 megabytes (if necessary, separate large files into smaller parts
and label accordingly). The subject line of the e-mail and the name of the file should
list the case number followed by a brief document description (ex. “Re: 01cv1234 JLP-
complaint”). Failure to do so within 24 hours will delay adding your documents to
the computerized ECF docket. After the case is opened on the ECF system,
subsequent filings may be submitted in electronic form through the court’s ECF
system.
6.16 What if I believe a document cannot or should not be electronically filed on ECF?
Any party that (a) is unable to comply with a judge’s requirement for electronic filing under seal through
the ECF system; (b) believes a document should be filed under seal in paper form because it is a Highly
Sensitive Document (see section 6.16 below); or (c) has another reason to believe a document should not
be electronically filed, must move for leave of the Court to file the document in the traditional manner, on
paper. Any such motion should be made to the presiding judge in accordance with his or her Individual
Practices or, if there is no presiding judge, to the Part I judge.
If the matter is time sensitive, the filing party should promptly contact the Chambers of the relevant judge
by telephone and email to alert Chambers to the motion. If Chambers does not respond within two hours,
the filing party should call the Clerk of Court at 212-805-0140 during business hours.
6.17 What is a Highly Sensitive Document?
As defined in Standing Order 21-MC-0006, subject to approval by a judge, a filing may be deemed a Highly
Sensitive Document (HSD) if these Rules otherwise permit the document to be filed on the ECF system and
it is a document or other material that contains sensitive, but unclassified, information that warrants
exceptional handling and storage procedures to prevent significant consequences that could result if such
information were obtained or disclosed in an unauthorized manner.
6.18 When is electronic filing under seal not permitted?
• Electronic filing under seal of proposed sealed documents is not permitted unless authorized
by the Individual Practices of the judge to whom the filing is directed.
• Electronic filing under seal is not permitted in criminal cases.
• Electronic filing under seal is not permitted in cases sealed in their entirety. It is only available
to parties seeking to file individually sealed or redacted documents in publicly filed civil and
miscellaneous cases.
• Electronic filing under seal is not permitted by pro se parties with electronic filing privileges
without express permission of the Court. This includes pro se parties who have been granted
general permission to electronically file documents on ECF.
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Where electronic filing under seal is not permitted, the sealed filing shall be submitted in the traditional
manner, on paper. A copy of the sealing order must be attached to the outside of the envelope containing
the documents under seal and all documents saved on electronic media. The envelope must be hand
delivered to the Records Management Office. For further information see the Court’s Non- Electronic
Filing Procedures.
Section 7. Retention Requirements
Documents that are electronically filed and require original signatures other than that of the Filing User
must be maintained in paper form by the Filing User until one year after all time periods for appeals expire,
except that affidavits, declarations and proofs of service must be maintained in paper form by the Filing
User until five years after all time periods for appeals expire. On request of the Court, the Filing User must
provide original documents for review.
Section 8. Signatures
8.1 The user log-in and password required to submit documents to the ECF system serve as the Filing
User’s signature on all electronic documents filed with the Court. They also serve as a signature for
purposes of the Federal Rules of Civil Procedure, including Rule 11, the Federal Rules of Criminal Procedure,
the Local Rules of this Court, and any other purpose for which a signature is required in connection with
proceedings before the Court.
8.2 Electronically filed documents must include a signature block and must set forth the name, address,
telephone number and e-mail address all in compliance with the Federal Rules of Civil Procedure and Local
Civil Rule 11.1. In the absence of a scanned signature image, the name of the Filing User under whose
log-in and password the document is submitted must be preceded by an “S/” typed in the space where the
signature would otherwise appear.
8.3 No Filing User or other person may knowingly permit or cause to permit a Filing User’s password
to be used by anyone other than an authorized agent of the Filing User. Filing Users are obligated to
immediately bring to the attention of the court any unauthorized filings.
8.4 A document requiring the signature of a party or witness shall be electronically filed in a scanned
format that contains an image of the actual signature.
8.5 Documents requiring signatures of more than one party must be electronically filed either by: (a)
submitting a scanned document containing all necessary signatures; (b) representing the consent of the
other parties on the document; (c) identifying on the document the parties whose signatures are required
and by the submission of a notice of endorsement by the other parties no later than three business days
after filing; or (d) in any other manner approved by the Court. (See section 13 - ECF Basics).
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Section 9. Service of Documents by Electronic Means
9.1 In cases assigned to the ECF system, service of publicly accessible (non-sealed) documents is
complete provided all parties receive a Notice of Electronic Filing (NEF), which is sent automatically by email
from the Court (see the NEF for a list of who did/did not receive notice electronically). Transmission of
the NEF constitutes service upon all Filing and Receiving Users who are listed as recipients of notice by
electronic mail. It remains the duty of Filing and Receiving Users to maintain current contact information
with the court and PACER and to regularly review the docket sheet of the case.
9.2 Attorneys and pro se parties who are not Filing or Receiving Users must be served with a paper
copy of any electronically filed pleading or other document. Service of such paper copy must be made
according to the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Local
Rules. Such paper service must be documented by electronically filing proof of service. Where the Clerk
scans and electronically files pleadings and documents on behalf of a pro se party, the associated NEF
constitutes service.
9.3 Service of sealed documents is not accomplished by electronically filing in the ECF system. While a
NEF will be sent by email notifying users of a sealed filing, the included link will not provide access to the
sealed document. Service must therefore be accomplished outside of ECF by other appropriate means
as provided by the applicable Federal Rules of Procedure and must be followed by the filing of proof of
service in the ECF system. (See Standing Order 1:25-mc-00421-LTS.)
Section 10. Notice of Court Orders and Judgments
Immediately upon the entry of an order or judgment in a proceeding assigned to the ECF system, the Clerk
will transmit to all Filing and Receiving Users in the case, in electronic form, a Notice of Electronic Filing
(NEF). Electronic transmission of the NEF constitutes the notice required by Federal Rule of Criminal
Procedure 49(c) and Federal Rule of Civil Procedure 77(d). In ECF cases, it remains the duty of Filing and
Receiving Users to regularly review the docket sheet of the case. The Clerk must give notice in paper form
to a person who is not a Filing or Receiving User in accordance with the Federal Rules of Civil Procedure or
the Federal Rules of Criminal Procedure. In the case of any discrepancy between an order, decree, or
judgment of the Court and the description of such order, decree, or judgment in the NEF, the order, decree,
or judgment of the Court shall control. Sealed court orders will be served by first-class mail or other
secure means approved by the issuing judge. (See section 19 - Service of Electronically Filed Documents).
Section 11. Technical Failures
A Filing User whose filing is made untimely as the result of a technical failure may seek appropriate relief
from the Court. (See section 23 - ECF Computer System Information).
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Section 12. Public Access
A person may review filings that have not been sealed by the Court, in person, at the Clerk’s Office.
A person may also view available Court records on-line through the Public Access to Court Electronic
Records (PACER) electronic public access service at https://www.pacer.gov/. A person who has PACER
access may retrieve docket sheets in civil, criminal and miscellaneous cases; documents in civil and
miscellaneous cases assigned to the ECF System; and documents in criminal cases filed after November 1,
2004. Only counsel for the United States and for a defendant may retrieve documents on-line in criminal
cases filed prior to November 1, 2004. (See section 13 - ECF Basics).
Section 13. ECF Basics
13.1 May letters and letter motions be filed electronically?
Letters addressed to judges who accept letters may be filed electronically. Parties should consult the
assigned judge’s Individual Practices to determine if the judge accepts letters at all and, if he or she does,
whether the judge has any page limitations on letters and/or requires courtesy copies of letters filed on
ECF (and, if so, by what means of delivery). All letters addressed to the Court must include a subject line
with the case name and docket number (e.g., “Re: Doe v. Smith, 13 Civ. 1234 (ABC)”). Letters solely
between parties or their counsel or otherwise not addressed to the Court may not be filed electronically
on ECF (except as exhibits to an otherwise properly filed document).
In civil and miscellaneous cases, letters filed electronically must be filed in the following manner:
• Letters that are informational in nature, and do not request relief, should be filed using the ECF
Filing Event LETTER listed under OTHER DOCUMENTS.
• Letters requesting relief must be permitted by the Local Rules and these Rules and must be
filed using the ECF Filing Event MOTION. After selecting the ECF Filing Event MOTION, the
Filing User should identify the motion as a LETTER-MOTION. The Filing User must then select
from the following list of motions that may be made by LETTER-MOTION:
Motion to Adjourn Conference
Motion to Compel
Motion for Conference
Motion to Consolidate Cases
Motion to Continue
Motion re: Discovery
Motion to Expedite
Motion for Extension of Time
Motion for Extension of Time to Amend
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Motion for Extension of Time to Answer
Motion for Extension of Time to Complete Discovery
Motion for Extension of Time to File Document
Motion for Extension of Time to File Response/Reply
Motion for Extension of Time re Transcript
Motion to File Amicus Brief
Motion for Leave to File Document
Motion for Leave to File Excess Pages
Motion for Local Rule 37.2 Conference
Motion for Oral Argument
Motion to Reopen
Motion to Reopen Case
Motion to Seal
Motion to Stay
Motion to Substitute Attorney
• If the Filing User is making a type of motion that does not appear in this list, the motion may
not be made by letter.
• If a motion is made by letter, the opposing party may file any response in letter form and the
moving party may file any reply in letter form. When filing such a response letter or reply
letter, the Filing User should answer yes when prompted if the filing is in connection with a
letter-motion.
In criminal cases, letters filed electronically must be filed in the following manner:
• Letters relating to sentencing should be filed using the ECF Filing Event SENTENCING
SUBMISSION.
• All other letters requesting relief should be filed using the ECF Filing Event LETTER MOTION.
If a motion is made by letter, the opposing party may file any response in letter form and the
moving party may file any reply in letter form. When filing such a response letter or reply
letter, the Filing User should answer yes when prompted if the filing is in connection with a
LETTER MOTION.
• All other letters - that is, letters that are informational in nature and do not request relief -
should be filed using the ECF Filing Event LETTER listed under OTHER DOCUMENTS.
13.2 In brief, how do I file a document electronically?
(a) On the Internet go to https://www.pacer.gov/ to reach the court’s ECF system.
(b) Select the appropriate category, CIVIL or CRIMINAL.
(c) Find the appropriate ECF Filing Event, or title, for the document. Find a list of ECF Filing
Events in the ECF Docketing Events List.
(d) Indicate the party filing the document (hold down the control key to designate more than one
party).
(e) Upload a PDF-A version of the document. Include any exhibits as attachments to the main
document. Separately file supporting documents such as a Memorandum of Law
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(f) or Affidavit in Support.
(g) Save the final screen, the Notice of Electronic Filing (NEF).
(h) Submit a paper courtesy copy to the judge if required (see the judges’ Individual Practices at
https://nysd.uscourts.gov/judges).
13.3 How are exhibits filed?
Exhibits must always be filed as attachments to a document. Exhibits should not be scanned into the
same PDF file with the main document. Each attachment must be clearly titled in the ECF entry, so the
subject of the exhibit is clear. For example: NOTICE OF REMOVAL (Attachments: #1 State Court
Complaint, #2 State Court Summons). The filing of exhibits in text searchable format is encouraged but
not required. Audio and video files may not be filed through the ECF system.
13.4 What is the secure website for electronic filing on the SDNY ECF system?
To file electronically, go to https://www.pacer.gov, or link to the filing website via the Court’s website
https://www.nysd.uscourts.gov.
13.5 What is the public website for information about the Court?
For publicly available information, go to https://www.nysd.uscourts.gov (no password required). From
the homepage click on ECF for information on Electronic Case Filing.
13.6 What are the mailing addresses for the Court?
• United States District Court, Southern District of New York, Daniel Patrick Moynihan United
States Courthouse, 500 Pearl Street, New York, NY 10007-1312;
• United States District Court, Southern District of New York, Thurgood Marshall United States
Courthouse, 40 Centre Street, New York, NY 10007-1312; and
• United States District Court, Southern District of New York, Charles L. Brieant Jr. Federal
Building and United States Courthouse, 300 Quarropas Street, White Plains, NY 10601-4150.
13.7 How can I tell if my case is an ECF case?
All new civil, criminal and miscellaneous cases are assigned to the ECF system. The docket sheet will
include the letters “ECF” in the upper right corner and an entry titled “CASE DESIGNATED ECF”.
13.8 If a case is deemed an ECF case, am I required to file documents electronically?
Yes. In an ECF case the Filing User is responsible for electronically filing documents over the Internet using
a secure SDNY log-in and password. With certain exceptions outlined below, the Clerk’s Office will not
accept paper filings in an ECF case. (See section 18 - Non-Electronic Documents).
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13.9 May I file documents electronically in a non-ECF (paper) case?
No. Do not file documents electronically in non-ECF (paper) case.
13.10 Will the Court file documents electronically in a non-ECF (paper) case?
Yes, the Court may file Orders and Opinions in electronic format in a non-ECF (paper) case. This will not
convert a non-ECF case to an ECF case, and parties should continue to file documents on paper.
13.11 Can I file electronically at any time?
Yes. You can file electronically 24 hours a day, 7 days a week, 365 days a year. Filing must be completed
before midnight local time where the Court is located in order to be considered timely filed that day. (See
section 3 - Consequences of Electronic Case Filing).
13.12 When is an electronically filed document deemed filed?
An electronically filed document is deemed filed on the “filed on” date indicated on the Notice of Electronic
Filing (NEF). (See section 3 - Consequences of Electronic Case Filing).
13.13 What is a docket sheet, and how can I view one?
The docket sheet is the official record of a case. You can view the docket sheet, including images of
electronically filed documents, at the Clerk’s Office or remotely via the Public Access to Court Electronic
Records (PACER) electronic public access service (https://www.pacer.gov). (See section 12 - Public
Access).
13.14 Should I routinely view the docket sheet in my case?
Yes. In ECF cases parties are alerted to case activity by a Notice of Electronic Filing (NEF) sent by email.
However, e-mail is not infallible. It remains the duty of Filing and Receiving Users to regularly review the
docket sheet of the case in order not to miss a filing and in order to ensure all items filed using his/her ECF
password are authorized filings. Filing Users are obligated to immediately bring to the attention of the
court any unauthorized filings. (See section 9 - Service of Documents by Electronic Means).
13.15 How do I sign an electronically filed document?
The ECF log-in and password of the filing attorney serve as an electronic signature. The filing attorney
may sign a document by placing an “S/” before his or her typed name or by using a digital image of his or
her signature. The attorney’s name and contact information, including e-mail address, must appear in
the signature block below the signature line. Signatures for others (clients, witnesses, etc.) must be
scanned in order to capture the ink signature. (See section 8 - Signatures).
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13.16 How will I know if it is appropriate to electronically file my document?
First, determine if your case is an ECF case - not all cases are ECF cases. When filing in an ECF case, if you
can find an ECF Filing Event that directly matches your document then it should be electronically filed. If
you cannot find a matching ECF Filing Event, it may not be appropriate to file electronically. See the list
of non-ECF documents in section 18. (See section 24 - ECF Help Desk and Training).
13.17 How do I find the correct ECF Filing Event for my document?
When filing electronically you will be asked to name your document by selecting the appropriate ECF Filing
Event. The ECF Filing Event is essentially the title of the document on the docket sheet, such as Motion
for Summary Judgment or Affidavit in Support of Motion. ECF Filing Events are listed by category on the
ECF system. Within each category is an alphabetical listing of available ECF Filing Events. You may use
the search function to find your Filing Event. The ECF Docketing Events List is useful for finding your event
and the category in which it is listed. If you cannot find the appropriate event for your document do not
file, it using the wrong event. For assistance contact the ECF Help Desk at
[email protected],
or call (212) 805-0136 during business hours. (See section 24 - ECF Help Desk and Training).
13.18 Are proposed orders, judgments, stipulations and consents electronically filed in civil cases?
Yes. In civil cases proposed orders, including orders to show cause with a temporary restraining order or
other request for emergency relief, judgments, stipulations and consents must be filed electronically on
the court’s ECF system using the Filing Events found under PROPOSED ORDERS. This requirement applies
to publicly accessible civil and miscellaneous cases, both pending and newly filed.
Filers are required to use the specific ECF Filing Event that correctly describes the proposed order.
In criminal cases, proposed orders must not be filed electronically but should be submitted to chambers
directly, outside of the ECF system.
13.19 How do I file an application for emergency relief?
Applicants seeking emergency relief must use the ECF Filing Events titled:
• MOTION TO SHOW CAUSE, with a PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY
RELIEF,
• MOTION FOR TEMPORARY RESTRAINING ORDER with a PROPOSED TEMPORARY RESTRAINING
ORDER,
• If appearing as pro bono counsel, select NOTICE OF APPEARANCE OF PRO BONO COUNSEL.
A person wishing to file a proposed Order to Show Cause that provides notice to their adversary and
includes a Temporary Restraining Order or other proposed order for emergency relief must:
(a) Electronically file the application through the court’s ECF system; then
(b) In a newly filed case, telephone the Clerk’s Office at (212) 805-0632 during business hours to
alert the court to your application; or
(c) In a pending case, see the judge’s Individual Practices for information regarding how to alert
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chambers to your application. If there has been no response from chambers within two (2)
hours, you may telephone the Clerk’s Office at (212) 805-0636 before the end of the business
day.
For after-hours emergency filings, alert the assigned Part 1 judge to the request for emergency relief, using
the Part 1 Assignment contact information on the Court website
Supporting documents must be separately filed, electronically and contemporaneously, through the court’s
ECF system. Any opposition must also be filed electronically through the court’s ECF system. (If
necessary, see section 6 for information regarding filing under seal.)
If a personal appearance is required by the Court, any order issued in response to such application will
detail procedures for such a proceeding.
[Note - a proposed Order to Show Cause without emergency relief must be electronically filed using the
ECF Filing Event PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF.]
Pro se parties without electronic filing privileges are exempt from the requirement to file electronically
through the ECF system.
13.20 Are Notices of Voluntary Dismissal and Stipulations of Voluntary Dismissal electronically filed?
Yes. Those Notices of Voluntary Dismissal that cite Fed. R. Civ. P. § 41(a)(1)(A)(i) and Stipulations of
Voluntary Dismissal that cite Fed. R. Civ. P. § 41(a)(1)(A)(ii) must be electronically filed on the ECF system.
This procedure applies only when the filing dismisses the entire action and does not request any further
relief or order of the court.
If the filing seeks an order of the court pursuant to Fed. R. Civ. P. § 41(a)(2) filers should use the ECF Filing
Event PROPOSED ORDER.
13.21 Should discovery related requests and responses be electronically filed?
No. Most discovery related requests and responses “must not be filed until they are used in the
proceeding or the court orders filing…” (see Federal Rule of Civil Procedure 5(d)(1)). When the filing of
discovery related material is appropriate only relevant excerpts should be filed (see Local Civil Rule 5.1 and
ECF Rule 5.2).
13.22 Should I submit courtesy copies?
Read the judge’s Individual Practices to learn if courtesy copies are required. Individual Practices are
available on-line at https://www.nysd.uscourts.gov/judges. (See section 3 - Consequences of Electronic
Case Filing).
13.23 Are transcripts filed electronically?
Pursuant to the Judicial Conference of the United States Policy on Privacy and Public Access to Electronic
Case Files, official transcripts of Court proceedings taken by official court reporters, contract court
reporters and transcribers may be available electronically through the PACER electronic public access
service.
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13.24 In Consolidated and MDL cases can I file simultaneously in member cases?
Yes. When filing in Consolidated and Multi-District Litigation (MDL) cases you can save time by
electronically filing a document simultaneously in the member case(s) using the computer function titled
“Spread Text and Effects” (not available in related cases). Please observe the following MDL filing rules:
• In consolidated and MDL cases you must file all documents first under the Lead or MDL case
number.
• You then may precisely designate the member case(s) in which you wish to simultaneously file.
• Do not file in all cases unless it is appropriate. Your document may not relate to all member
cases.
• The case caption must include all the case numbers in which your document will be filed.
13.25 How to file when the assigned judge is no longer on the bench.
If it is necessary to file in a closed case that is assigned to a judge who is no longer on the bench (due to
elevation to another court, retirement, or death) a courtesy copy should be provided to the Clerk of Court.
This will assist the court in swiftly reassigning the matter to a sitting judge.
13.26 What if I make a mistake in electronic filing?
In a pending case, immediately refile the document in correct form on the ECF system. Then send an
email to the Court’s Quality Assurance Unit (
[email protected]). The email must include the
case number, case title, judge’s name, the document number and name/title of the document that was
incorrectly filed as well as the document number and name/title of the document that was the correctly
filed.
In a newly filed case awaiting assignment of a judge, wait for a response from the case opening unit. Other
questions may be directed to the ECF Help Desk at
[email protected].
For information regarding the filing of sensitive or confidential information in error, see section 21.
13.27 Must a fully executed Consent to Proceed Before a Magistrate Judge form be electronically filed?
Yes. A fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85),
filed pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73, must be electronically filed using
the ECF Filing Event “PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE.”
A fully executed Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge form (AO-
85A) must also be electronically filed using the ECF Filing Event "PROPOSED CONSENT TO MAGISTRATE
JUDGE DISPOSITION OF MOTION."
Consent forms must be retained by counsel until the signatures of all parties, or their counsel, are obtained
before filing. Forms that do not include the signatures of all parties must not be transmitted to the court.
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Forms may be signed in counterpart fashion, provided all signed forms are attached in a single filing. (See
Section 8 - Signatures) The form is available at https://nysd.uscourts.gov/forms.
Pro se litigants who are not Filing Users are exempt from that portion of this Rule that requires electronic
filing and shall deliver documents to the Clerk’s Office in paper form.
13.28 How can I obtain a signed subpoena form in a criminal case?
In a criminal case, an attorney may submit a request for a subpoena through the court’s ECF system. In
response, the system will automatically generate a signed subpoena. The subpoena will include the court
seal superimposed over the signature of the Clerk of Court but will otherwise be blank in accordance with
Federal Rule of Criminal Procedure 17(a).
Step 1: Click on the Criminal tab / Criminal Subpoena Forms / Signed Subpoena Forms;
Step 2: Download a blank subpoena form in fillable PDF format;
Step 3: Fill in the blanks and print.
Blank subpoena forms may be requested only when required for use in a pending case. Blank subpoena
forms shall not be saved for use in future cases. A request for a subpoena(s) must be submitted for each
new case. All forms are subject to change, and a new request will generate the most current version of
the subpoena form. The request does not require a case number to be entered in ECF and no evidence
of the request will appear on the public docket. Attorneys may continue to obtain signed paper criminal
subpoena forms at the Finance intake window in the Clerk’s Office.
Pro se litigants must submit any request for a subpoena to the Clerk’s Office in paper form.
Section 14. Opening a Civil Action
14.1 Must new civil and miscellaneous cases be electronically filed on the ECF system?
Yes. Attorneys seeking to commence a new civil or miscellaneous case are required to electronically file
the new case on the Court’s ECF system. With the exception of certain cases listed below, the Clerk’s
Office will not accept new civil or miscellaneous cases filed in paper form.
Any party unable to electronically file must seek permission of the court to file in the traditional manner,
on paper. Any such request made after business hours may be submitted through the night depository
box maintained pursuant to Local Civil Rule 1.1.
Pro se litigants are exempt from that portion of this Rule that requires the party to file electronically.
14.2 Are there new cases that must not be electronically filed on the ECF system?
Yes. The cases listed below must not be initiated electronically and must be submitted in the traditional
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manner, on paper, using the court’s depository box located in the lobby of the U.S. Courthouse at 500 Pearl
Street, New York, NY, or the U.S. Courthouse at 300 Quarropas Street, White Plains, NY:
• Cases sought to be filed under seal (follow the procedures found in ECF Rule 6.14 and 6.15);
• False Claims Act cases (Qui Tam or “whistleblower” cases) filed pursuant to 31 U.S.C. §3729, et
seq.
Pro se litigants without electronic filing privileges are exempt from that portion of this Rule that requires
the party to file electronically or email documents to the Clerk’s Office. For information on electronic
filing by pro se parties, see Appendix C.
14.3 How do I electronically file a new civil or miscellaneous case on the ECF system?
Directions for electronically filing a new civil or miscellaneous case may be found at
https://www.nysd.uscourts.gov/electronic-case-filing.
14.4 Are summonses issued electronically?
Yes. After electronically filing a new case, a party must electronically file a REQUEST FOR ISSUANCE OF
SUMMONSES and attach proposed summonses in PDF format to the filing. The Clerk’s Office will review
the REQUEST and use the ECF system to issue summonses suitable for printing. Summons forms are
available at https://nysd.uscourts.gov/forms.
14.5 How do I select the proper courthouse when filing a new civil case?
The Southern District of New York maintains courthouses in both Manhattan and White Plains. When
selecting a courthouse for assignment of a new civil action, counsel are required to expressly certify that
their choice complies with the court’s Rules for the Division of Business Among District Judges. Civil cases,
other than cases removed from state court and bankruptcy appeals, are assigned in accordance with Rule
18. Cases removed from a state court and bankruptcy appeals are assigned in accordance with Rule 20.
Counsel are advised to consider these rules and the facts of their case to avoid making an incorrect or
unsupported certification to the court.
14.6 Are courtesy copies required?
Consult the judge’s Individual Practices to determine if courtesy copies should be submitted to chambers.
14.7 Can a Motion to Appear Pro Hac Vice and a new civil or miscellaneous case be electronically filed
simultaneously?
Yes. An attorney who is not admitted to the bar of this court who seeks to file a new civil or miscellaneous
case may apply for electronic filing (ECF) privileges at www.pacer.gov, enabling the electronic filing of a
Motion to Appear Pro Hac Vice and the case initiating documents.
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14.8 Can the summons and complaint be served through ECF?
No. The summons and complaint must be served in accordance with Federal Rule of Civil Procedure 4.
14.9 How is proof of service for the case initiating document filed?
Electronically file the proof of service for the case initiating document on the ECF. (See section 7 – Retention
Requirements).
Pro se litigants who have been granted in forma pauperis (IFP) status are exempt from this Rule. Pro se
litigants who have not been granted IFP status shall submit proof of service with summons attached to the
Clerk’s Office. (See section 19 - Service of Electronically Filed Documents).
14.10 How is a 28 U.S.C. § 2255 Motion to Vacate, Set Aside or Correct Sentence Filed?
A Motion to Vacate, Set Aside or Correct Sentence filed pursuant to 28 U.S.C. § 2255, must be electronically
filed in the criminal case. The Clerk’s Office will open the associated civil case. Attorneys do not have
to deliver a paper copy or PDF version of the motion to the court. All subsequent filings related to the
motion must be made in the criminal case, not the civil case.
14.11 What if I make a mistake electronically filing a new case?
New civil and miscellaneous cases filed electronically that contain the following deficiencies may be
administratively closed without prejudice and summons may not be issued unless the deficiency is
corrected within five (5) days of electronic transmission by the Clerk of a Notice of Deficient Filing:
• The case initiating document contains the wrong document; an illegible or unreadable
document; or no document at all; or
• The filing fee due was not paid, either in whole or in part.
Where a case is administratively closed for one of the reasons above, a filing party may seek to reopen the
case after any deficiency is cured. Within 60 days after the case closing a party should file a Notice of
Application to Reopen Case, describing the efforts to cure the deficiency and seeking to reopen the case.
Applications to reopen such administratively closed cases filed after 60 days of closing must proceed by
motion. Questions regarding other errors may be directed to the ECF Help Desk at
[email protected] during business hours.
14.12 What if I make a duplicate payment when electronically filing a new case?
You may request a refund of a duplicate payment by sending a letter to the Clerk of Court. The letter
should include the case number, date of payment, the document associated with the payment, the pay.gov
receipt number(s) and an email address where you can be reached. Do not contact your credit card
company to request a refund.
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Section 15. Amended Pleadings and Motions
15.1 Are amended pleadings filed electronically?
Yes. After a case is opened in accordance with section 14 of these Rules, all subsequent amended
complaints, intervenor complaints, third party complaints, etc. must be filed electronically on the ECF
system. If an order of the court is required to file the amended pleading, the signed order must be
attached to the filing as an exhibit. When filing, select only those parties the amended pleading is filed
against. Filers should review the judge’s Individual Practices to determine if courtesy copies are
necessary.
15.2 How are summonses issued when electronically filing an amended pleading?
If a summons is required for an amended pleading, the summons should be requested by electronically
filing a REQUEST FOR ISSUANCE OF SUMMONS and attaching a proposed summons in PDF/A format.
Where multiple parties are added, a rider may be attached to a single summons listing all new parties. In
response, the Clerk’s Office will electronically file a SUMMONS ISSUED event containing a summons with
an electronic seal suitable for printing. Summons forms are available at https://nysd.uscourts.gov/forms.
A summons is not necessary when no party is added to a case.
15.3 What ECF Filing Event should be used to file a motion?
Use the ECF Filing Event beginning with the word “Motion”. The ECF system contains over 160 separate
motion Filing Events, all beginning with the word “Motion”. See the ECF Docketing Events List for a
complete list of motions and supporting documents. Do not use the “NOTICE” filing event to file a motion.
15.4 What ECF Filing Event should be used to file supporting papers?
Use the ECF Filing Events for supporting papers found in the category “Replies, Opposition and Supporting
Documents”. Do not use the ECF Filing Event for Motion to file supporting papers. For example, a
motion, an affidavit in support and a memorandum of law in support constitute three separate filings.
Labeling each as “Motion” is incorrect and would make it appear three motions were filed instead of one.
15.5 How can I learn to electronically file amended pleadings and motions?
Instructions and training information are available at https://www.nysd.uscourts.gov/electronic-case-filing.
Section 16. Judgments
16.1 How do I obtain a Clerk’s Certificate of Default before seeking a Default Judgment?
A Clerk’s Certificate of Default, required before seeking a default judgment, is obtained by:
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(a) Electronically filing a PROPOSED CLERK’S CERTIFICATE OF DEFAULT (form available at
https://www.nysd.uscourts.gov/forms, and
(b) Electronically filing an AFFIDAVIT or DECLARATION in support of the request.
The Clerk’s Office will review the request and, where appropriate, electronically file a signed Clerk’s
Certificate of Default on the ECF system. After the Clerk’s Certificate of Default is entered on the docket,
you may then seek a Default Judgment. For a Default Judgment pursuant to Rule 55 (b)(1), please see
ECF Rule 16.4 below. For a Default Judgment pursuant to Federal Rule of Civil Procedure Rule 55 (b)(2),
consult the Individual Practices of the assigned judge to determine the appropriate method (at
https://www.nysd.uscourts.gov/judges). If the judge’s Individual Practices contain no specific rules
regarding Default Judgments, follow ECF Rule 16.4 below.
16.2 Default Judgment brought by Motion
(a) After the Clerk’s Office enters a signed Clerk’s Certificate of Default on the docket, you may
electronically file a MOTION FOR DEFAULT JUDGMENT on the ECF system.
(b) Electronically file the following documents as separate ECF Filing Events: (1) AFFIDAVIT or
DECLARATION IN SUPPORT OF MOTION (include as attachments copies of the case initiating
document and the proof of service); (2) STATEMENT OF DAMAGES (unless requesting an
inquest); and (3) a PROPOSED DEFAULT JUDGMENT using the Filing Event found under
PROPOSED ORDERS.
(c) Electronically file proof of service for the Motion for Default Judgment.
16.3 Default Judgment brought by Order to Show Cause (O.S.C.)
(a) After the Clerk’s Office enters a signed Clerk’s Certificate of Default on the docket (see Rule
16.1) you may electronically file a PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY
RELIEF using the Filing Event found under PROPOSED ORDERS.
(b) Electronically file the following documents as separate ECF Filing Events (1) the AFFIDAVIT or
DECLARATION in Support (attach copies of the case initiating document and the proof of
service); (2) a STATEMENT OF DAMAGES (unless requesting an inquest); and (3) a PROPOSED
DEFAULT JUDGMENT using the Filing Event found under PROPOSED ORDERS.
(c) Electronically file proof of service for the signed O.S.C.
16.4 Default Judgment
Where a judge’s Individual Practices contain no specific rules regarding default judgments you may
proceed by directly seeking a default judgment.
(a) After the Clerk’s Office enters a signed Clerk’s Certificate of Default on the docket (see Rule
16.1) you may electronically file a PROPOSED DEFAULT JUDGMENT using the Filing Event found
under PROPOSED ORDERS.
(b) Electronically file the following as separate ECF Filing Events (1) the AFFIDAVIT or
DECLARATION in Support (attach copies of the case initiating document and the proof of
service); and (2) a STATEMENT OF DAMAGES (unless requesting an inquest).
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16.5 How do I file a Satisfaction of Judgment?
Electronically file a PROPOSED SATISFACTION OF JUDGMENT on the ECF system (form available at
https://www.nysd.uscourts.gov/forms).
16.6 How do I request an Abstract of Judgment?
Electronically file a PROPOSED ABSTRACT OF JUDGMENT on the ECF system (form available at
https://www.nysd.uscourts.gov/forms). A filing fee is required and must be paid on-line during this filing.
The Clerk’s Office will review the request and, where appropriate, issue an Abstract of Judgment.
16.7 How do I register a judgment from this district in another district court?
Open a new miscellaneous case on the ECF system and electronically file a PROPOSED CERTIFICATION OF
JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT (form AO-451). Select Nature of Case M-18-302,
and use the form, available at https://www.nysd.uscourts.gov/forms. A filing fee is required and must be
paid on-line during this filing. The Clerk’s Office will review the request and, where appropriate, issue a
Clerk’s Certification of a Judgment to be Registered in Another District.
Section 17. Appeals
17.1 How do I file a Notice of Appeal in a civil or miscellaneous case?
In civil and miscellaneous cases Filing Users must electronically file any Notice of Appeal through the ECF
system. The fee is paid on-line through the ECF system. Instructions and training are available at
https://www.nysd.uscourts.gov/electronic-case-filing.
Pro se litigants who are not Filing Users are exempt from that portion of this Rule that requires litigants to
electronically file the Notice of Appeal. The Clerk’s Office will scan and electronically file all proper
appellate papers received from pro se litigants who are not Filing Users.
17.2 How do I file a Notice of Appeal in a criminal case?
A Notice of Appeal in a criminal case must be filed in the traditional manner on paper either at the
courthouse or by mail. Include the filing fee if necessary.
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SDNY ELECTRONIC CASE FILING RULES
Section 18. Non-Electronic Documents
18.1 In an ECF case, are there documents that should not be electronically filed?
Yes. The documents listed below must not be filed electronically and must be submitted in the traditional
manner, on paper. These documents may be filed in the Clerk’s Office at the U.S. Courthouse at 500 Pearl
Street, New York, NY, or the U.S.
