United States District Court
Eastern District of New York
Southern District Of New York
Margo K. Brodie Laura Taylor Swain
Chief Judge, E.D.N.Y. Chief Judge, S.D.N.Y.
________________________________________________________________________________
JOINT NOTICE TO THE BAR CONTACT
December 22, 2025 S.D.N.Y. (212) 805-0800
E.D.N.Y. (718) 613-2600
Eastern and Southern District Courts
Adopt Amendments to the EDNY-SDNY Joint Local Rules
Following a period of public comment, and in accordance with 28 U.S.C. § 2071, Rule 83(a)
of the Federal Rules of Civil Procedure, and Rule 57(a) of the Federal Rules of Criminal Procedure,
the judges of the Eastern and Southern Districts of New York have adopted amendments to their
Joint Local Rules that take effect on January 2, 2026. The Joint Local Rules supplement the
Federal Rules of Civil and Criminal Procedure and govern practice before both courts.
The amendments include:
• Local Civil Rule 1.4.1: Student Practice Rule – a new Rule codifying and improving the
Courts’ Student Practice Plans.
• Local Civil Rule 5.2: Electronic Submissions and Signatures by Pro Se Litigants – an
amendment to clarify/codify the practice of authorizing pro se litigants to submit certain
filings electronically.
• New Local Civil Rule 6.4: Motions in Limine – a new Rule requiring the parties to meet
and confer in good faith (or attempt to do so) before filing a motion in limine in a civil case.
• Local Civil Rule 15.1: Amendment of Pleadings – an amendment to clarify that pro se
litigants are not required to submit a redline of a proposed amended pleading as required by
the Rule.
• Local Civil Rule 39.2: Order and Length of Summations – an amendment to clarify the
court’s discretion with respect to the order and length of summations.
• Local Civil Rule 72.1: Word Limits for Objections to R&Rs – an amendment to establish
a default word count limit and formatting requirements for objections to reports and
recommendations or decisions by magistrate judges.
• Local Civil Rules 83.8, 83.9, and 83.10: Mediation – amendments to the Courts’ rules
regarding mediation to, among other things, conform to current practices.
• Nonsubstantive Restyling Amendments: The new Rules include some non-substantive
changes throughout — e.g., correction of objective errors, awkward locutions, and
formatting inconsistencies.
Members of the bar should familiarize themselves with the updated rules, which take effect on
January 2, 2026, and govern civil and criminal cases pending or filed on or after that date. See
Local Civil Rule 1.1; Local Criminal Rule 1.1.
The updated rules are now available on each court’s website at the following links:
http://www.nyed.uscourts.gov/court-info/local-rules-and-orders
https://nysd.uscourts.gov/rules.
For convenience, attached to this Notice, and also available at those links, is a redline of the
amendments. The redline was automatically generated using a word processing program and, thus,
may contain errors. Counsel and parties should rely on the clean version of the amended Joint
Local Rules, not on the redline, and may not cite or rely on the redline in any court filings.
The redline will remain on the main Rules page of each court’s website until January 16,
2026, at which point it will be moved to each court’s Local Rules Archive page, which are available
at the following links:
https://nysd.uscourts.gov/prior-versions-local-rules
https://www.nyed.uscourts.gov/archived-local-rules
Because, under Local Civil Rule 1.1, the January 2, 2025 version of the Joint Local Rules applies to
actions pending on January 2, 2026, if fewer than 14 days remain to perform an action governed by
the Rules, the January 2, 2025 version of the Joint Local Rules will also remain on the main Rules
page of each court’s website until January 16, 2026, at which point it will be moved to the Local
Rules Archive pages.
The Boards of Judges of both courts thank the many people and organizations that submitted
their views and suggestions during the public comment period; their contributions greatly aided the
process that led to these final rules.
###
LOCAL RULES OF THE UNITED STATES DISTRICT COURTS FOR THE
SOUTHERN AND EASTERN DISTRICTS OF NEW YORK
Adopted by the Boards of Judges of the
Eastern District of New York and the
Southern District of New York
Transmitted to the Judicial Council of the Second Circuit
Effective January 2, 2025January 2, 2026
CONTENTS
Contents........................................................................................................................................... i
Local Civil Rules ............................................................................................................................1
Local Civil Rule 1.1. Application of Rules ................................................................................. 1
Local Civil Rule 1.2. Night Depository....................................................................................... 1
Local Civil Rule 1.3. Admission to the Bar ................................................................................ 1
Local Civil Rule 1.4. Attorney Appearances; Withdrawal or Displacement of Attorney of
Record; Limited-Scope Representation ................................................................................ 5
Local Civil Rule 1.4.1. Law Student Practice ............................................................................. 7
Local Civil Rule 1.5. Discipline of Attorneys ............................................................................. 9
Local Civil Rule 1.6. Duty of Attorneys in Related Cases ...................................................... 15
Local Civil Rule 1.7. Fees of Court Clerks and Reporters ...................................................... 16
Local Civil Rule 1.8. Electronic Equipment and Recording, Broadcasting, and Streaming
of Court Matters..................................................................................................................... 16
Local Civil Rule 1.9. Acceptable Substitutes for Affidavits [formerly Local Civil Rule
1.10] .......................................................................................................................................... 17
Local Civil Rule 5.1. Filing of Discovery Materials [Withdrawn] ........................................ 17
Local Civil Rule 5.2. Requirements for Electronic Filing and Service; Electronic
Signatures by Pro Se Parties; Duty to Review Underlying Orders ................................ 17
Local Civil Rule 5.3. Service by Overnight Delivery .............................................................. 18
Local Civil Rule 6.1. Service and Filing of Motion Papers..................................................... 18
Local Civil Rule 6.2. Orders on Motions .................................................................................. 19
Local Civil Rule 6.3. Motions for Reconsideration ................................................................. 19
Local Civil Rule 6.4. Computation of Time [Withdrawn] ..................................................... 20
Local Civil Rule 6.4. Motions in Limine ................................................................................... 20
Local Civil Rule 7.1. Form and Length of Briefs, Motions, and Other Papers .................... 20
Local Civil Rule 7.1.1. Disclosure Statement ........................................................................... 22
Local Civil Rule 7.2. Authorities to Be Provided to Pro Se Litigants ................................... 22
Local Civil Rule 11.1. Form of Pleadings, Motions, and Other Papers [Withdrawn] ........ 22
i
Local Civil Rule 12.1. Notice to Pro Se Litigant Who Opposes a Rule 12 Motion
Supported by Matters Outside the Pleadings ................................................................... 22
Local Civil Rule 15.1 Amendment of Pleadings...................................................................... 24
Local Civil Rule 16.1. Exemptions from Mandatory Scheduling Order .............................. 24
Local Civil Rule 16.2. Entry and Modification of Mandatory Scheduling Orders by
Magistrate Judges .................................................................................................................. 24
Local Civil Rule 23.1. Fees in Class Action and Shareholder Derivative Actions .............. 25
Local Civil Rule 26.1. Address of Party and Original Owner of Claim to Be Furnished
[Withdrawn] ........................................................................................................................... 25
Local Civil Rule 26.2. Assertion of Claim of Privilege ........................................................... 25
Local Civil Rule 26.3. Uniform Definitions in Discovery Requests ...................................... 27
Local Civil Rule 26.4. Cooperation Among Counsel in Discovery [formerly Local Civil
Rules 26.5 and 26.7] ............................................................................................................... 29
Local Civil Rule 26.5. Form Discovery Requests [formerly Local Civil Rule 26.6] ............ 29
Local Civil Rule 30.1. Counsel Fees on Taking Depositions More Than 100 Miles From
Courthouse [Withdrawn] ..................................................................................................... 29
Local Civil Rule 30.2. Telephonic and Other Remote Depositions [formerly Local Civil
Rule 30.3]................................................................................................................................. 29
Local Civil Rule 30.3. Persons Attending Depositions [formerly Local Civil Rule 30.4] ... 30
Local Civil Rule 30.4. Conferences Between Deponent and Defending Attorney [formerly
Local Civil Rule 30.6] ............................................................................................................ 30
[Local Civil Rule 33.1. Intentionally Omitted] ........................................................................ 30
Local Civil Rule 33.2. Standard Discovery in Prisoner Pro Se Actions .......................... 30
Local Civil Rule 33.3. Interrogatories (Southern District Only)............................................ 32
Local Civil Rule 37.1. Verbatim Quotation of Discovery Materials ..................................... 32
Local Civil Rule 37.2. Discovery Disputes ............................................................................... 33
Local Civil Rule 37.3. Mode of Raising Discovery and Other Nondispositive Pretrial
Disputes with the Court (Eastern District Only) [Withdrawn] ...................................... 33
Local Civil Rule 39.1. Custody of Trial and Hearing Exhibits .............................................. 33
Local Civil Rule 39.2. Order and Length of Summations ...................................................... 34
Local Civil Rule 47.1. Assessment of Jury Costs ..................................................................... 34
ii
Local Civil Rule 53.1. Masters .................................................................................................... 34
Local Civil Rule 54.1. Taxable Costs ......................................................................................... 35
Local Civil Rule 54.2. Security for Costs .................................................................................. 37
Local Civil Rule 54.3. Entering Satisfaction of Money Judgment......................................... 37
Local Civil Rule 55.1. Certificate of Default ............................................................................. 38
Local Civil Rule 55.2. Default Judgment .................................................................................. 39
Local Civil Rule 56.1. Statements of Material Facts on Motion for Summary Judgment . 40
Local Civil Rule 56.2. Notice to Pro Se Litigant Who Opposes a Summary Judgment ..... 41
Local Civil Rule 58.1. Remand by an Appellate Court .......................................................... 42
Local Civil Rule 65.1.1. Security ................................................................................................ 42
Local Civil Rule 67.1. Order for Deposit in Interest-Bearing Account................................. 43
Local Civil Rule 72.1. Proceedings Before Magistrate Judges ............................................... 44
Local Civil Rule 72.2. Reference to Magistrate Judge (Eastern District Only) [Withdrawn]
.................................................................................................................................................. 45
Local Civil Rule 73.1. Consent Jurisdiction Procedure .......................................................... 45
Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees ............................... 46
Local Civil Rule 81.1. Removal of Cases from State Courts .................................................. 46
Local Civil Rule 83.1. Transfer of Cases to Another District ................................................. 47
Local Civil Rule 83.2. Settlement of Actions by or on Behalf of Infants or Incompetents,
Wrongful Death Actions, and Actions for Conscious Pain and Suffering of the
Decedent ................................................................................................................................. 47
Local Civil Rule 83.3. Habeas Corpus ...................................................................................... 48
Local Civil Rule 83.4. Publication of Required Public Notices [formerly Local Civil Rule
83.6] .......................................................................................................................................... 48
Local Civil Rule 83.5. Notice of Sale [formerly Local Civil Rule 83.7] ................................. 49
Local Civil Rule 83.6. Contempt Proceedings in Civil Cases [formerly Local Civil Rule
83.9] .......................................................................................................................................... 51
Local Civil Rule 83.7. Court-Annexed Arbitration (Eastern District Only) [formerly Local
Civil Rule 83.10] ..................................................................................................................... 52
iii
Local Civil Rule 83.8. Court-Annexed Mediation (Eastern District Only) [formerly Local
Civil Rule 83.11] ..................................................................................................................... 59
Local Civil Rule 83.9. Alternative Dispute Resolution (Southern District Only) [formerly
Local Civil Rule 83.12] .......................................................................................................... 66
Local Civil Rule 83.10. Plan for Certain § 1983 Cases Against Police Department
Employees (Southern District Only) ................................................................................... 69
Local Civil Rule 87.1. Civil Rules Emergency ......................................................................... 75
Local Social Security Rules ..........................................................................................................1
Local Social Security Rule 1.1. Application of Rules ................................................................ 1
Local Social Security Rule 4.1. Motions for Extensions of Time and Scheduling Orders ... 1
Local Social Security Rule 5.1. Default Form and Length for Briefs ...................................... 1
Local Social Security Rule 7.1. Obligations of Commissioner in Pro Se Cases..................... 2
Local Social Security Rule 8.1. Opposition and Reply Briefs in Pro Se Cases ...................... 2
Local Admiralty And Maritime Rules .......................................................................................3
Local Admiralty Rule A.1. Application of Rules ....................................................................... 3
Local Admiralty Rule B.1. Affidavit That Defendant Is Not Found Within the District .... 3
Local Admiralty Rule B.2. Notice of Attachment ...................................................................... 3
Local Admiralty Rule C.1. Intangible Property ........................................................................ 3
Local Admiralty Rule C.2. Publication of Notice of Action and Arrest; Sale........................ 4
Local Admiralty Rule C.3. Notice Required for Default Judgment in Action In Rem ........ 5
Local Admiralty Rule D.1. Return Date in Possessory, Petitory, and Partition Actions ..... 5
Local Admiralty Rule E.1. Adversary Hearing After Arrest, Attachment or Garnishment 6
Local Admiralty Rule E.2. Intervenors’ Claims......................................................................... 6
Local Admiralty Rule E.3. Claims by Suppliers for Payment of Charges ............................. 6
Local Admiralty Rule E.4. Preservation of Property ................................................................ 7
Local Criminal Rules ....................................................................................................................1
Local Criminal Rule 1.1. Application of Rules .......................................................................... 1
Local Criminal Rule 1.2. Notice of Appearance ........................................................................ 2
Local Criminal Rule 12.4. Disclosure Statement ....................................................................... 2
iv
Local Criminal Rule 16.1. Good Faith Requirement for Discovery Motions ........................ 2
Local Criminal Rule 16.2. Timeline for Expert Discovery ....................................................... 2
Local Criminal Rule 23.1. Free Press — Fair Trial Directives ................................................. 3
Local Criminal Rule 34.1. Post-Trial Motions............................................................................ 6
Local Criminal Rule 45.1. Computation of Time [Withdrawn] .............................................. 6
Local Criminal Rule 47.1. Applications for Ex Parte Orders ................................................... 6
Local Criminal Rule 49.1. Motion Deadlines and Reconsideration Motions ........................ 7
Local Criminal Rule 49.2. Pro Se Submissions by a Represented Defendant ....................... 7
Local Criminal Rule 58.1. Petty Offenses — Collateral and Appearance .............................. 8
Local Criminal Rule 59.1. Powers of Magistrate Judges .......................................................... 8
Local Criminal Rule 62.1. Criminal Rules Emergency ............................................................. 9
Local Patent Rules .........................................................................................................................1
Local Patent Rule 1. Application of Rules .................................................................................. 1
Local Patent Rule 2. Initial Scheduling Conference .................................................................. 1
Local Patent Rule 3. Certification of Disclosures ...................................................................... 1
Local Patent Rule 4. Admissibility of Disclosures .................................................................... 1
Local Patent Rule 5. Discovery Objections Based on Local Patent Rules .............................. 2
Local Patent Rule 6. Disclosure of Asserted Claims and Infringement Contentions .......... 2
Local Patent Rule 7. Invalidity Contentions .............................................................................. 2
Local Patent Rule 8. Disclosure Requirement in Patent Cases Initiated by Declaratory
Judgment................................................................................................................................... 2
Local Patent Rule 9. Duty to Supplement Contentions............................................................ 3
Local Patent Rule 10. Opinion of Counsel ................................................................................. 3
Local Patent Rule 11. Joint Claim Terms Chart ......................................................................... 3
Local Patent Rule 12. Claim Construction Briefing .................................................................. 3
APPENDIX OF COMMITTEE NOTES .......................................................................................
Committee Notes: Local Civil Rules ..........................................................................................1
2024 and 2026 Restyling................................................................................................................ 1
v
Local Civil Rule 1.1. Application of Rules ................................................................................. 1
Local Civil Rule 1.2. Night Depository....................................................................................... 1
Local Civil Rule 1.3. Admission to the Bar ................................................................................ 2
Local Civil Rule 1.4. Attorney Appearances; Withdrawal or Displacement of Attorney of
Record; Limited-Scope Representation ................................................................................ 3
Local Civil Rule 1.4.1. Law Student Practice ............................................................................. 5
Local Civil Rule 1.5. Discipline of Attorneys ............................................................................. 5
Local Civil Rule 1.6. Duty of Attorneys in Related Cases........................................................ 5
Local Civil Rule 1.7. Fees of Court Clerks and Reporters........................................................ 6
Local Civil Rule 1.8. Recording of Proceedings and Electronic Equipment ......................... 6
Local Civil Rule 1.9. Acceptable Substitutes for Affidavits [formerly Local Civil Rule
1.10] ............................................................................................................................................ 7
Local Civil Rule 5.1. Filing of Discovery Materials [Withdrawn] .......................................... 7
Local Civil Rule 5.2. Electronic Filing and Service; Duty to Review Underlying Orders ... 8
Local Civil Rule 5.3. Service by Overnight Delivery ................................................................ 9
Local Civil Rule 6.1. Service and Filing of Motion Papers..................................................... 10
Local Civil Rule 6.2. Orders on Motions .................................................................................. 11
Local Civil Rule 6.3. Motions for Reconsideration ................................................................. 11
Local Civil Rule 6.4. Motions in Limine ................................................................................... 12
Local Civil Rule 7.1. Motion Papers .......................................................................................... 12
Local Civil Rule 7.1.1 Disclosure Statement ............................................................................ 14
Local Civil Rule 7.2. Authorities to Be Provided to Pro Se Litigants ................................... 14
Local Civil Rule 11.1. Form of Pleadings, Motions, and Other Papers [Withdrawn] ........ 14
Local Civil Rule 12.1. Notice to Pro Se Litigant Who Opposes a Rule 12 Motion
Supported by Matters Outside the Pleadings ................................................................... 15
Local Rule 15.1 Amendment of Pleadings ............................................................................... 15
Local Civil Rule 16.1. Exemptions from Mandatory Scheduling Order .............................. 15
Local Civil Rule 16.2. Entry and Modification of Mandatory Scheduling Orders by
Magistrate Judges .................................................................................................................. 16
Local Civil Rule 23.1. Fees in Class Action and Shareholder Derivative Actions .............. 16
vi
Local Civil Rule 26.1. Address of Party and Original Owner of Claim to Be Furnished
[Withdrawn] ........................................................................................................................... 17
Local Civil Rule 26.2. Assertion of Claim of Privilege ........................................................... 17
Local Civil Rule 26.3. Uniform Definitions in Discovery Requests ...................................... 18
Local Civil Rule 26.4. Cooperation Among Counsel in Discovery [formerly Local Civil
Rules 26.5 and 26.7] ............................................................................................................... 18
Local Civil Rule 26.5. Form Discovery Requests [formerly Local Civil Rule 26.6] ............ 19
Local Civil Rule 30.1. Counsel Fees on Taking Depositions More Than 100 Miles From
Courthouse [Withdrawn] ..................................................................................................... 19
Local Civil Rule 30.2. Telephonic and Other Remote Depositions [formerly Local Civil
Rule 30.3]................................................................................................................................. 19
Local Civil Rule 30.3. Persons Attending Depositions [formerly Local Civil Rule 30.4] .. 20
Local Civil Rule 30.4. Conferences Between Deponent and Defending Attorney [formerly
Local Civil Rule 30.6] ............................................................................................................ 20
Local Civil Rule 33.2. Standard Discovery in Prisoner Pro Se Actions ................................ 20
Local Civil Rule 33.3. Interrogatories (Southern District Only)............................................ 21
Local Civil Rule 37.1. Verbatim Quotation of Discovery Materials ..................................... 21
Local Civil Rule 37.2. Discovery Disputes ............................................................................... 21
Local Civil Rule 37.3. Mode of Raising Discovery and Other Nondispositive Pretrial
Disputes with the Court (Eastern District Only) [Withdrawn] ...................................... 22
Local Civil Rule 39.1. Custody of Trial and Hearing Exhibits .............................................. 22
Local Civil Rule 39.2. Order of Summation ............................................................................. 23
Local Civil Rule 40.1. Trial Scheduling ..................................................................................... 23
Local Civil Rule 47.1. Assessment of Jury Costs ..................................................................... 23
Local Civil Rule 53.1. Masters .................................................................................................... 24
Local Civil Rule 54.1. Taxable Costs ......................................................................................... 24
Local Civil Rule 54.2. Security for Costs .................................................................................. 27
Local Civil Rule 54.3. Entering Satisfaction of Money Judgment......................................... 27
Local Civil Rule 55.1. Certificate of Default ............................................................................. 28
Local Civil Rule 55.2. Default Judgment .................................................................................. 28
vii
Local Civil Rule 56.1. Statements of Material Facts on Motion for Summary Judgment . 29
Local Civil Rule 56.2. Notice to Pro Se Litigant Who Opposes a Summary Judgment ..... 30
Local Civil Rule 58.1. Remand by an Appellate Court .......................................................... 30
Local Civil Rule 65.1.1. Security ................................................................................................ 30
Local Civil Rule 67.1. Order for Deposit in Interest-Bearing Account................................. 31
Local Civil Rule 72.1. Powers of Magistrate Judges ............................................................... 31
Local Civil Rule 72.2. Reference to Magistrate Judge (Eastern District Only) .................... 33
Local Civil Rule 73.1. Consent Jurisdiction Procedure .......................................................... 33
Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees ............................... 34
Local Civil Rule 81.1. Removal of Cases from State Courts .................................................. 34
Local Civil Rule 83.1. Transfer of Cases to Another District ................................................. 35
Local Civil Rule 83.3. Habeas Corpus ...................................................................................... 35
Local Civil Rule 83.4. Publication of Required Public Notices [formerly Local Civil Rule
83.6] .......................................................................................................................................... 35
Local Civil Rule 83.5. Notice of Sale [formerly Local Civil Rule 83.7] ................................. 36
Local Civil Rule 83.6. Contempt Proceedings in Civil Cases [formerly Local Civil Rule
83.9] .......................................................................................................................................... 36
Local Civil Rule 83.7. Court-Annexed Arbitration (Eastern District Only) [formerly Local
Civil Rule 83.10] ..................................................................................................................... 36
Local Civil Rule 83.8. Court-Annexed Mediation (Eastern District Only) [formerly Local
Civil Rule 83.11] ..................................................................................................................... 36
Local Civil Rule 83.9. Alternative Dispute Resolution (Southern District Only) [formerly
Local Civil Rule 83.12] .......................................................................................................... 37
Local Civil Rule 83.10. Plan for Certain § 1983 Cases Against Police Department
Employees (Southern District Only) ................................................................................... 37
Local Civil Rule 87.1. Civil Rules Emergency ......................................................................... 38
Committee Notes: Local Social Security Rules ......................................................................39
Local Social Security Rule 1.1. Application of Rules .............................................................. 39
Local Social Security Rule 4.1. Motions for Extensions of Time and Scheduling Orders . 39
Local Social Security Rule 5.1. Default Form and Length for Briefs .................................... 40
viii
Local Social Security Rule 7.1. Obligations of Commissioner in Pro Se Cases ................... 40
Local Social Security Rule 8.1. Opposition and Reply Briefs in Pro Se Cases .................... 40
Committee Notes: Local Criminal Rules ................................................................................42
Local Criminal Rule 1.1. Application of Rules ........................................................................ 42
Local Criminal Rule 1.2. Notice of Appearance ...................................................................... 42
Local Criminal Rule 16.1. Good Faith Requirement for Discovery Motions ...................... 43
Local Criminal Rule 16.2. Timeline for Expert Discovery ..................................................... 43
Local Criminal Rule 23.1. Free Press-Fair Trial Directives .................................................... 43
Local Criminal Rule 45.1. Computation of Time [Withdrawn] ............................................ 44
Local Criminal Rule 47.1. Applications for Ex Parte Orders ................................................. 44
Local Criminal Rule 49.2. Pro Se Submissions by a Represented Defendant ..................... 44
Local Criminal Rule 58.1. Petty Offenses — Collateral and Appearance ............................ 45
Local Criminal Rule 59.1. Powers of Magistrate Judges ........................................................ 45
Local Criminal Rule 62.1. Criminal Rules Emergency ........................................................... 46
ix
LOCAL CIVIL RULES
Local Civil Rule 1.1. Application of Rules
These Local Civil Rules are promulgated under 28 U.S.C. § 2071 and Fed. R. Civ. P. 83.
They apply in all civil actions and proceedings governed by the Federal Rules of Civil
Procedure. Each district has, under 28 U.S.C. § 137, separately adopted Division of
Business Rules that are available on their respective websites.
These Local Civil Rules take effect on January 2, 20252026 (the “Effective Date”) and
govern actions pending or filed on or after that date. For actions pending on the
Effective Date, if fewer than 14 days remain to perform an action governed by these
Rules, the provisions of the previous Local Civil Rules effective on January 1, 20252026,
will govern.
Any reference to “this court” in the Local Civil Rules means the court in which the
relevant proceeding is pending.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 1.2. Night Depository
A night depository with an automatic date stamp will be maintained by the clerk of the
Southern District in the Pearl Street Courthouse and by the clerk of the Eastern District
in the Brooklyn and Central Islip Courthouses. After regular business hours, papers for
the district court may be deposited only in the night depository. Those papers will be
considered as having been filed in the district court as of the date stamped thereon,
which will be deemed presumptively correct. Filings that must be made via the
Electronic Case Filing (ECF) system may not be made by using the night depository.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 1.3. Admission to the Bar
(a) A member in good standing of the bar of the State of New York, or a member in
good standing of the bar of the United States District Court in Connecticut or
Vermont and of the bar of the State in which that district court is located, if that
district court by its rule extends a corresponding privilege to members of the bar of
this courtthe Southern or Eastern Districts of New York, may be admitted to
1
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2025January 2, 2026
practice in this courtthe Southern or Eastern District of New York on compliance
with the following provisions:
(b) Each applicant for admission must file an application for admission in electronic
form and pay the required fee through the Public Access to Court Electronic
Records (PACER) system at www.pacer.gov. This one application will be utilized
both to admit and then to provide the applicant to the bar of this court with
electronic filing privileges for use on the court’s ECF system. The applicant must
adhere to all applicable rules of admission.
(c) The application for admission must state:
(1) applicant’s residence and office address;
(2) the date(s) when, and courts where, admitted;
(3) applicant’s legal training and experience;
(4) whether applicant has ever been held in contempt of court, and, if so, the
nature of the contempt and the final disposition thereof;
(5) whether applicant has ever been censured, suspended, disbarred, or denied
admission or readmission by any court, and, if so, the facts and circumstances
connected therewith;
(6) that applicant has read and is familiar with
(A) the provisions of the Judicial Code (Title 28, U.S.C.) concerning the
jurisdiction of, and practice in, the United States district courts;
(B) the Federal Rules of Civil Procedure;
(C) the Federal Rules of Criminal Procedure;
(D) the Federal Rules of Evidence;
(E) the Local Rules of the United States District Courts for the Southern and
Eastern Districts of New York; and
(F) the New York State Rules of Professional Conduct as adopted from time
to time by the Appellate Divisions of the State of New York; and
2
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2025January 2, 2026
(7) that applicant will faithfully adhere to all rules applicable to applicant’s
conduct in connection with any activities in this court.
(d) The application must be accompanied by a certificate of the clerk of the court for
each of the states in which the applicant is a member of the bar, which has been
issued within 30 days of filing and states that the applicant is a member in good
standing of the bar of that state court. The application must also be accompanied
by an affidavit of an attorney of this court who has known the applicant for at least
one year, stating when the affiant was admitted to practice in this court, how long
and under what circumstances the attorney has known the applicant, and what the
attorney knows of the applicant's character and experience at the bar.
(e) Absent court order, the clerk will schedule a date for a hearing on the application,
and at the hearing, the attorney whose affidavit accompanied the application
must, for the Eastern District, and may, and is encouraged to, for the Southern
District, personally move the admission of the applicant. If the application is
granted, the applicant will take the oath of office.
(f) A member of the bar of the state of New York, Connecticut, or Vermont who has
been admitted to the bar of this court under this subsection, and who thereafter
voluntarily resigns from membership in the bar of the state under which he was
admitted to the bar of this court, and who does not within 30 days of that
voluntary resignation file an affidavit with the clerk of this court indicating that
such person remains eligible to be admitted to the bar of this court under other
provisions of this subsection (such as because he is still a member of the bar of
another eligible state and, where applicable, a corresponding district court), will be
deemed to have voluntarily resigned from the bar of this court as of the same date
the member resigned from the bar of the underlying state, but the resignation will
not be deemed to deprive this court of jurisdiction to impose discipline on this
person, in accordance with Rule 1.5 infra, for conduct preceding the date of the
resignation.
(g) A member in good standing of the bar of either the Southern or Eastern District
may be admitted to the bar of the other district without formal application
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Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2025January 2, 2026
(1) upon electronically filing through the PACER website a certificate of the clerk
of the United States district court for the district in which the applicant is a
member of the bar, which has been issued within 30 days of filing and states
that the applicant is a member in good standing of the bar of that court;
(2) upon an affidavit by the applicant stating
(A) whether the applicant has ever been convicted of a felony,
(B) whether the applicant has ever been censured, suspended, disbarred, or
denied admission or readmission by any court,
(C) whether there are any disciplinary proceedings presently against the
applicant, and
(D) the facts and circumstances surrounding any affirmative responses to (a)
through (c); and
(3) upon taking the oath of office and paying the fee required in that district.
(h) Each district retains the right to deny admission based on the content of the
affidavit in response to item (b)(2).
(i) A member in good standing of the bar of any state or of any United States district
court may be permitted to argue or try a particular case in whole or in part as
counsel or advocate, upon motion as described below.
(j) After requesting pro hac vice electronic filing privileges through the PACER
website, applicants must electronically file a motion for admission pro hac vice on
the court’s ECF system and pay the required fee.
(k) The motion must be accompanied by a certificate of the court for each of the states
in which the applicant is a member of the bar that has been issued within 30 days
of filing and states that the applicant is a member in good standing of the bar of
that state court, and an affidavit by the applicant stating
(1) whether the applicant has ever been convicted of a felony,
(2) whether the applicant has ever been censured, suspended, disbarred, or
denied admission or readmission by any court,
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Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2025January 2, 2026
(3) whether there are any disciplinary proceedings presently against the
applicant, and
(4) the facts and circumstances surrounding any affirmative responses to
(a) through (c);
(l) Attorneys appearing for the Department of Justice may appear before the court
without requesting pro hac vice admission. Those attorneys must request
electronic filing privileges through the PACER website. Attorneys appearing for
other federal agencies must move for pro hac vice admission, but the fee
requirement is waived, and the certificate(s) of good standing may must have been
issued within one year of filing. Only an attorney who has been so admitted or
who is a member of the bar of this court may enter appearances for parties, sign
stipulations, or receive payments on judgments, decrees, or orders.
IfIf the office address of an attorney who is a member of the bar of this court, or
who has been authorized to appear in a case in this court, changes his or her
residence or office address, the attorney must immediately update the relevant
information in the PACER system, and serve and file a notice of change of address
in each pending case in which the attorney has appeared.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 1.4. Attorney Appearances; Withdrawal or Displacement of
Attorney of Record; Limited-Scope Representation
(a) Attorney appearances. Except as otherwise set forth in this rule, each attorney
appearing on behalf of a party must file a notice of appearance promptly on or
before the attorney’s first appearance in court or filing in the case. The notice of
appearance must provide the attorney’s name, any firm or organizational
affiliation, business address, telephone number, email address, and the name of
the party or parties represented.
An attorney who files a case-initiating document, such as a complaint, petition, or
notice of removal, need not file a separate notice of appearance; such an attorney
shall be deemed to have entered a notice of appearance on behalf of the party or
parties on whose behalf the filing is made.
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(b) Attorney withdrawals. Except where an attorney has filed a notice of limited-scope
appearance as set forth in subsection (c), an attorney who has appeared for a party
may be relieved or displaced only by order of the court. Such an order may be
issued following the filing of a motion to withdraw, and only upon a showing by
affidavit or otherwise of satisfactory reasons for withdrawal or displacement and
the posture of the case, and whether or not the attorney is asserting a retaining or
charging lien. While a motion to withdraw is required whenever an attorney seeks
to be relieved, an affidavit is unnecessary if (1) another attorney from the same
firm, agency, or organization has already entered a notice of appearance on behalf
of the client and will remain in the case or (2) upon substitution of counsel by
stipulation, if the stipulation is also signed by the client and, at the time of
substitution, the new attorney does not intend to seek modification of any existing
deadlines or dates for court appearances in the case.
All motions to withdraw must be served upon the client and (unless excused by
the court) upon all other parties. Proof of such service upon the client shall be filed
on the docket in each case where withdrawal is sought.
(c) Limited-scope representation. Unless otherwise ordered by the court, an attorney
may provide limited-scope representation to a party in a civil case.
(1) Where a party and an attorney have agreed to limited-scope representation,
the attorney must file a notice that describes the scope of the representation
for any matter that may require the attorney to file papers with the court;
appear before a judge, arbitrator, or mediator; or communicate with opposing
counsel. Notice is not required if the attorney is providing short-term, limited
legal services under a program sponsored by a court, government agency, bar
association, or not-for-profit legal services organization unless the attorney
will file papers with the court; appear before a judge, arbitrator, or mediator;
or provide continuing representation in the matter. A party to whom limited-
scope representation is being provided or has been provided is considered
unrepresented regarding matters not designated in the notice of limited-
scope representation and regarding all matters unless attorneys for all other
parties have been provided with the notice of the limited-scope
representation.
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(2) During any period that a party receives limited-scope representation from an
attorney who has filed a notice of appearance, papers must be served on both
the party and the attorney.
(3) A limited-scope representation terminates without the need for leave of court
once the attorney files a notice stating that the tasks for which the appearance
was entered have been completed. The notice must include a certificate of
service on the client. If any attorney who has filed a notice of appearance
seeks to withdraw before completion of the limited-scope representation, the
attorney must follow the procedure set forth in subsection (b).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 1.5. Discipline of Attorneys4.1. Law Student Practice
(a) An eligible law student may, upon compliance with the requirements of this rule,
with the approval of the presiding judge, and under supervision of an attorney
who has filed a notice of appearance, appear on behalf of any person who has
consented in writing.
(b) The attorney who supervises a law student must:
(1) be a member of the bar of the district court where the case is pending who
has filed a notice of appearance in the case in which the law student is
participating;
(2) assume personal professional responsibility for the law student’s work;
(3) assist the law student to the extent necessary;
(4) be present with the law student in all proceedings before the Court;
(5) indicate in writing his or her consent to supervise the law student;
(6) obtain the client’s approval, in writing, for the law student to appear in the
matter; and
(7) obtain the approval of the presiding judge for the law student to appear in
the matter.
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(c) In order to be eligible to appear, the law student must certify in writing that the
law student:
(1) is duly enrolled in a law school accredited by the American Bar Association.
The law student will be deemed to continue to satisfy this requirement
following graduation as long as the law student is preparing to take the first
applicable bar examination for which the law student is eligible, or, having
taken the examination, is awaiting the publication of the results or admission
to the bar after passing the examination;
(2) has completed at least two semesters of legal studies;
(3) has been certified by either the law school dean or his or her authorized
designee as qualified to provide the legal representation permitted by this
rule. Such certification may be withdrawn by the certifier at any time by filing
a notice in any case where the law student has appeared.
(4) will not ask for nor receive any compensation or remuneration of any kind
from the client. This rule does not affect the right of any party or other
attorney to seek or recover attorney’s fees.
(5) is familiar and will comply with the New York Rules of Professional Conduct;
and
(6) is familiar with the federal procedural and evidentiary rules relevant to the
action in which the law student is appearing, including any applicable federal
procedural or evidence rules, Local Rules, and individual rules of the
presiding judge.
(d) A law student who is supervised in accordance with this rule may:
(1) appear as counsel in court or at other proceedings, provided that the law
student is accompanied by the supervising attorney; and/or
(2) prepare and sign any document, provided that any such document is also
signed by the supervising attorney.
(e) The judge’s consent for the law student to appear may be withdrawn without
notice or hearing and without showing of cause. Unless a judge specifies
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otherwise, the withdrawal of consent by a judge, or a judge’s decision to decline a
law student’s request to appear, should not be considered a reflection on the
character or ability of the law student.
(f) Participation by law students under the rule should not be deemed a violation in
connection with the rules for admission to the bar of any jurisdiction concerning
practice of law before admission to the bar.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 1.5. Discipline of Attorneys
(a) Committee on Grievances. The chief judge will appoint a committee of the Board
of Judges known as the Committee on Grievances, which, under the direction of
the chief judge, will have charge of all matters relating to the discipline of
attorneys. Magistrate judges and district judges may serve on the Committee on
Grievances. The chief judge will also appoint a panel of attorneys who are
members of the bar of this court to advise or assist the Committee on Grievances.
At the direction of the Committee on Grievances or its chair, members of this panel
of attorneys may investigate complaints, may prepare and support statements of
charges, or may serve as members of hearing panels.
(b) Grounds for Discipline or Other Relief. Discipline or other relief, of the types set
forth in paragraph (c) below, may be imposed, by the Committee on Grievances,
after notice and opportunity to respond as set forth in paragraph (d) below, if any
of the following grounds is found by clear and convincing evidence:
(1) Any member of the bar of this court has been convicted of a felony or
misdemeanor in any federal court, or in a court of any state or territory.
(2) Any member of the bar of this court has been disciplined by any federal court
or by a court of any state or territory.
(3) Any member of the bar of this court has resigned from the bar of any federal
court or of a court of any state or territory while an investigation into
allegations of misconduct by the attorney was pending.
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(4) Any member of the bar of this court has an infirmity that prevents the
attorney from engaging in the practice of law.
(5) In connection with activities in this court, any attorney is found to have
engaged in conduct violative ofthat violates the New York State Rules of
Professional Conduct as adopted from time to time by the Appellate
Divisions of the State of New York. In interpreting these Rules of Professional
Conduct, in the absence of binding authority from the United States Supreme
Court or the United States Court of Appeals for the Second Circuit, this court,
in the interests of comity and predictability, will give due regard to decisions
of the New York Court of Appeals and other New York state courts, absent
significant federal interests.
(6) Any attorney not a member of the bar of this court has appeared at the bar of
this court without permission to do so.
(c) Types of Discipline or Other Relief
(1) In the case of an attorney admitted to the bar of this court, discipline imposed
under paragraph (b)(1), (b)(2), (b)(3), or (b)(5) above may consist of a letter of
reprimand or admonition, censure, suspension, or an order striking the name
of the attorney from the roll of attorneys admitted to the bar of this court.
(2) In the case of an attorney not admitted to the bar of this court, discipline
imposed under paragraph (b)(5) or (b)(6) above may consist of a letter of
reprimand or admonition, censure, or an order precluding the attorney from
again appearing at the bar of this court.
(3) Relief required under paragraph (b)(4) above will consist of suspending the
attorney from practice before this court.
(d) Procedure
(1) If it appears that there exists a ground for discipline set forth in
paragraph (b)(1), (b)(2), or (b)(3), notice thereof must be served by the
Committee on Grievances on the attorney concerned by first class mail,
directed to the address of the attorney as shown on the rolls of this court
and to the last known address, if any, of the attorney as shown in the
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complaint and any materials submitted therewith. Service shall be
deemed complete upon mailing in accordance with the provisions of this
paragraph.
In all cases in which any federal court or a court of any state or territory
has entered an order disbarring or censuring an attorney or suspending
the attorney from practice, whether or not on consent, the notice shall be
served together with an order by the clerk of this court, to become
effective 24 days after the date of service on the attorney, disbarring or
censuring the attorney or suspending the attorney from practice in this
court on terms and conditions comparable to those set forth by the other
court of record. In all cases in which an attorney has resigned from the
bar of any federal court or of a court of any state or territory while an
investigation into allegations of misconduct by the attorney was
pending, even if the attorney remains admitted to the bar of any other
court, the notice shall be served together with an order entered by the
clerk for this court, to become effective 24 days after the date of service
on the attorney, deeming the attorney to have resigned from the bar of
this court.
Within 20 days of the date of service of either order, the attorney may
file a motion for modification or revocation of the order. This motion
must set forth with specificity the facts and principles relied on by the
attorney to show cause that a different disposition should be ordered by
this court. The timely filing of this motion will stay the effectiveness of
the order until a further order by this court.
If good cause is shown to hold an evidentiary hearing, the Committee on
Grievances may direct such a hearing under paragraph (d)(4) below.
If good cause is not shown to hold an evidentiary hearing, the
Committee on Grievances may proceed to impose discipline or to take
such other action as justice and this rule may require. If an evidentiary
hearing is held, the Committee may direct such interim relief pending
the hearing as justice may require.
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In all other cases, the notice shall be served together with an order by the
Committee on Grievances directing the attorney to show cause in
writing why discipline should not be imposed. If the attorney fails to
respond in writing to the order to show cause, or if the response fails to
show good cause to hold an evidentiary hearing, the Committee on
Grievances may proceed to impose discipline or to take such other
action as justice and this rule may require. If good cause is shown to
hold an evidentiary hearing, the Committee on Grievances may direct
such a hearing under paragraph (d)(4) below. If an evidentiary hearing
is held, the Committee may direct such interim relief pending the
hearing as justice may require.
(2) In the case of a ground for discipline set forth in paragraph (b)(2) or
(b)(3) above, discipline may be imposed unless the attorney concerned
establishes by clear and convincing evidence (i) that there was such an
infirmity of proof of misconduct by the attorney as to give rise to the
clear conviction that this court could not, consistent with its duty, accept
as final the conclusion of the other court, or (ii) that the procedure
resulting in the investigation or discipline of the attorney by the other
court was so lacking in notice or opportunity to be heard as to constitute
a deprivation of due process, or (iii) that the imposition of discipline by
this court would result in grave injustice.
(3) Complaints in writing alleging any ground for discipline or other relief set
forth in paragraph (b) above shall be directed to the chief judge, who shall
refer those complaints to the Committee on Grievances. The Committee on
Grievances, by its chair, may designate an attorney, who may be selected
from the panel of attorneys established under paragraph (a) above, to
investigate the complaint, if it deems investigation necessary or warranted,
and to prepare a statement of charges, if the Committee deems that necessary
or warranted. Complaints, and any files based on them, shall be treated as
confidential unless ordered otherwise by the chief judge for good cause
shown or in accordance with paragraph (d)(5) below.
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(4) A statement of charges alleging a ground for discipline or other relief set
forth in paragraph (b)(4), (b)(5), or (b)(6) shall be served on the attorney
concerned by certified mail, return receipt requested, directed to the address
of the attorney as shown on the rolls of this court and to the last known
address, if any, of the attorney as shown in the complaint and any materials
submitted therewith, together with an order by the Committee on Grievances
directing the attorney to show cause in writing why discipline or other relief
should not be imposed. Upon the respondent attorney's answer to the
charges the matter will be designated by the Committee on Grievances for a
prompt evidentiary hearing before a magistrate judge of the court or before a
panel of three attorneys, who may be selected from the panel of attorneys
established under paragraph (a) above. The magistrate judge or panel of
attorneys conducting the hearing may grant such pre-hearingprehearing
discovery as they determine to be necessary, shall hear witnesses called by
the attorney supporting the charges and by the respondent attorney, and may
consider such other evidence included in the record of the hearing as they
deem relevant and material. The magistrate judge or panel of attorneys
conducting the hearing must report their findings and recommendations in
writing to the Committee on Grievances and must serve them on the
respondent attorney and the attorney supporting the charges. After affording
the respondent attorney and the attorney supporting the charges an
opportunity to respond in writing to the report, or if no timely answer is
made by the respondent attorney, or if the Committee on Grievances
determines that the answer raises no issue requiring a hearing, the
Committee on Grievances may proceed to impose discipline or to take such
action as justice and this rule may require.
(5) A duly constituted disciplinary authority of a New York state court may
request expedited disclosure of records or documents that are confidential for
use in an investigation or proceeding pending before the disciplinary
authority. The request shall be made in writing and submitted to the chair of
the Committee on Grievances. The request should, to the extent practicable,
identify the nature of the pending investigation or proceeding and the
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specific records or documents sought. The request may also seek deferral of
notice of the request for so long as the matter is in the investigative stage
before the disciplinary authority. Upon receipt of the request, the chair of the
Committee on Grievances may take any appropriate action and may refer the
request to the full Committee on Grievances. Confidential records and
documents disclosed to the disciplinary authority in response to the request
shall not be used for any purpose other than the investigation or proceeding
pending before the disciplinary authority.
(e) Reinstatement. Any attorney who has been suspended or precluded from
appearing in this court or whose name has been struck from the roll of the
members of the bar of this court may apply in writing to the chief judge, for good
cause shown, for the lifting of the suspension or preclusion or for reinstatement to
the rolls. The chief judge must refer this application to the Committee on
Grievances. The Committee on Grievances may refer the application to a
magistrate judge or hearing panel of attorneys (who may be the same magistrate
judge or panel of attorneys who previously heard the matter) for findings and
recommendations, or may act upon the application without making such a
referral. Absent extraordinary circumstances, no such application will be granted
unless the attorney seeking reinstatement meets the requirements for admission
set forth in Local Civil Rule 1.3(a).
(f) Remedies for Misconduct. The remedies provided by this rule are in addition to
the remedies available to individual district judges and magistrate judges under
applicable law with respect to lawyers appearing before them. Individual district
judges and magistrate judges may also refer any matter to the chief judge for
referral to the Committee on Grievances to consider the imposition of discipline or
other relief under this rule.
(g) Notice to Other Courts. When an attorney is known to be admitted to practice in
the court of any state or territory, or in any other federal court, and has been
convicted of any crime, or disbarred, precluded from appearing, suspended, or
censured in this court, the clerk shall send to the other court or courts a certified or
electronic copy of the judgment of conviction or order of disbarment, preclusion,
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suspension, or censure, a certified or electronic copy of the court’s opinion, if any,
and a statement of the attorney's last known office and residence address.
(h) Duty of Attorney to Report Discipline
(1) In all cases in which any federal, state or territorial court, agency or tribunal
has entered an order disbarring or censuring an attorney admitted to the bar
of this court, or suspending the attorney from practice, whether or not on
consent, the attorney shall deliver a copy of the order to the clerk of this court
within 14 days after the entry of the order.
(2) In all cases in which any member of the bar of this court has resigned from
the bar of any federal, state, or territorial court, agency, or tribunal while an
investigation into allegations of misconduct against the attorney was
pending, the attorney shall report that resignation to the clerk of this court
within 14 days after the submission of the resignation.
(3) In all cases in which this court has entered an order disbarring or censuring
an attorney, or suspending the attorney from practice, whether or not on
consent, the attorney shall deliver a copy of the order within 14 days after the
entry of the order to the clerk of each federal, state, or territorial court,
agency, and tribunal in which the attorney has been admitted to practice.
(4) Any failure of an attorney to comply with the requirements of this Local Civil
Rule 1.5(h) will constitute a basis for discipline of that attorney under Local
Civil Rule 1.5(c).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 1.6. Duty of Attorneys in Related Cases
Unless another attorney has already done so, each attorney appearing in a case must
bring to the attention of the court potentially related cases, to the extent required by the
Division of Business Rules in the district where the case was filed.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 1.7. Fees of Court Clerks and Reporters
(a) The clerk will not be required to render any service for which a fee is prescribed by
statute or by the Judicial Conference of the United States unless the fee for the
particular service is paid to the clerk in advance or the court orders otherwise.
(b) An attorney appearing in any proceeding who orders a transcript of any trial,
hearing, or any other proceeding, is obligated to pay the cost thereof to the court
reporters of the court upon rendition of the invoice unless at the time of the order,
the attorney, in writing, advises the court reporter that only the client is obligated
to pay.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 1.8. Electronic Equipment and Recording, Broadcasting, and
Streaming of Court Matters
(a) Unless authorized to do so by an administrative or standing order of the court, the
clerk, or the district executive, no one other than court officials engaged in the
conduct of court business shall:
(1) bring any camera, transmitter, receiver, recording device, cellular telephone,
computer or other electronic device into any courthouse; or
(2) take a photograph or make an audio or video recording of any proceeding or
communication with the court, an employee of the court, or any person acting
at the direction of the court, including a mediator. No such authorization
shall be given with respect to a court proceeding or mediation unless
approved in advance by the presiding judge.
(b) Proceedings may not be broadcast or streamed unless authorized by the presiding
judge in accordance with Judicial Conference policy.
(c) The court may adopt additional policies governing the possession or use of
electronic equipment within any courthouse. Any such policy will be posted on
the court website or within any courthouse to which it applies.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 1.9. Acceptable Substitutes for Affidavits [formerly Local Civil
Rule 1.10]
In situations in which any local rule provides for an affidavit or a verified statement, the
following are acceptable substitutes: (a) a statement subscribed under penalty of perjury
as prescribed in 28 U.S.C. § 1746; or (b) if accepted by the court as a substitute for an
affidavit or a verified statement, (1) a statement signed by an attorney or by a party not
represented by an attorney in accordance with Fed. R. Civ. P. 11, or (2) an oral
representation on the record in open court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 5.1. Filing of Discovery Materials [Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 5.2. Requirements for Electronic Filing and Service; Electronic
Signatures by Pro Se Parties; Duty to Review Underlying Orders
Counsel must serve and file papers by following the instructions regarding ECF
published on the website of each respective court, unless exempted from electronic
filing by court order or Fed. R. Civ. P. 5. Highly Sensitive Documents (HSDs) must be
filed in hard copy, in accordance with the order issued by each district governing those
documents.
In a case where a pro se party has not obtained electronic filing privileges, the United
States District Courts for the Eastern and Southern Districts of New York will accept
electronic submissions from pro se parties without electronic filing privileges pursuant
to certain requirements that will be set forth on each Court’s public website. Any
document submitted in accordance with these requirements must be signed by the
party in one of the following ways: (a) by signing the document and then scanning it;
(b) by using a digital signature; or (c) by typing: “/s/ [Party’s Name].”
Parties have an obligation to review the court’s actual order, decree, or judgment (on
ECF), which controls, and should not rely on the description on the docket or in the ECF
Notice of Electronic Filing (NEF).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 5.3. Service by Overnight Delivery
Service on an attorney may be made by overnight delivery service. “Overnight delivery
service” means any delivery service that regularly accepts items for overnight delivery.
Overnight delivery service will be deemed service by mail for purposes of Fed. R. Civ.
P. 5 and 6.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 6.1. Service and Filing of Motion Papers
Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided
otherwise by statute or rule, or by the court in a judge’s individual practices or in a
direction in a particular case, motion papers must be served and filed as follows:
(a) On all motions and applications under Fed. R. Civ. P. 26 through 37 inclusive and
45(d)(3), (1) all motion papers must be served by the moving party on all other
parties that have appeared in the action, (2) any opposing or response papers
must be served within seven days after service of the moving papers, and (3) any
reply papers must be served within two days after service of the answering
papers. In computing periods of days, refer to Fed. R. Civ. P. 6.
(b) On all civil motions, petitions, and applications, other than those described in Rule
6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers
must be served by the moving party on all other parties that have appeared in the
action, (2) any opposing or response papers must be served within 14 days after
service of the moving papers, and (3) any reply papers must be served within
seven days after service of the answering papers. In computing periods of days,
refer to Fed. R. Civ. P. 6.
(c) Unless otherwise exempt, filing and service must be accomplished via ECF.
(d) No ex parte order, or order to show cause to bring on a motion, will be granted,
except upon a clear and specific showing by affidavit that contains good and
sufficient reasons why a procedure other than by notice of motion is necessary and
states whether a previous application for similar relief has been made.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 6.2. Orders on Motions
A memorandum signed by the court of the decision on a motion that does not finally
determine all claims for relief, or an oral decision on such a motion, will constitute the
order unless the memorandum or oral decision directs the submission or settlement of
an order in more extended form. The notation in the docket of a memorandum or of an
oral decision that does not direct the submission or settlement of an order in more
extended form will constitute the entry of the order. Where an order in more extended
form is required to be submitted or settled, the notation in the docket of the order will
constitute the entry of the order.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 6.3. Motions for Reconsideration
Unless otherwise provided by the court or by statute or rule (such as Fed. R. Civ. P. 50,
52, and 59), a notice of motion for reconsideration must be served within 14 days after
the entry of the court’s order being challenged. There must be served with the notice of
motion a memorandum setting forth concisely the matters or controlling decisions
which the moving party believes the court has overlooked. The time periods for the
service of any answering and reply memoranda are governed by Local Civil Rule 6.1(a)
or (b). No party is to file an affidavit unless directed by the court. Unless otherwise
provided by the court, the length limitations for filings under this Rulerule are as
follows: if filed by an attorney or prepared with a computer, briefs in support of and in
response to a motion may not exceed 3,500 words, and reply briefs may not exceed
1,750 words; if filed by a party who is not represented by an attorney and handwritten
or prepared with a typewriter, briefs in support of and in response to a motion may not
exceed 10 pages, and reply briefs may not exceed five pages. These limits do not include
the caption, any index, table of contents, table of authorities, signature blocks, or any
required certificates, but do include material contained in footnotes or endnotes. If a
brief is filed by an attorney or prepared with a computer, the party must also provide a
certificate of compliance as required by Local Civil Rule 7.1(c). To the extent the court
permits a party to submit briefs longer than these limits, and expresses those limits in
pages, each additional page must not contain more than 350 additional words if the
brief is filed by an attorney or prepared with a computer.
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For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 6.4. Computation of Time [Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 6.4. Motions in Limine
Unless the Court orders otherwise, any motion in limine must include a certification
from the moving party that, prior to filing the motion, the party conferred or attempted
to confer with the relevant other party or parties in a good faith effort to resolve the
issue or issues asserted in the motion without the intervention of the Court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 7.1. Form and Length of Briefs, Motions, and Other Papers
Except for letter-motions as permitted by this or any other Rule, or as otherwise
directed by the court:
(a) Content of Motion Papers. All motions must include the following motion
papers:
(1) A notice of motion, or an order to show cause signed by the court, which
must specify the applicable rules or statutes pursuant to which the motion is
brought, and must specify the relief sought by the motion;
(2) A memorandum of law, setting forth the cases and other authorities relied on
in support of the motion, and divided, under appropriate headings, into as
many parts as there are issues to be determined;
(3) Supporting affidavits and exhibits thereto containing any factual information
and portions of the record necessary for the decision of the motion; and
(4) All oppositions and replies with respect to motions must comply with
subsections (a)(2) and (3), and an opposing party who seeks relief that goes
beyond the denial of the motion must also comply with subsection (a)(1).
(b) Formatting Requirements for All Papers. The typeface, margins, and spacing of
all documents presented for filing must meet the following requirements:
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(1) all text must be 12-point type or larger, except for text in footnotes which may
be 10-point type;
(2) all documents must have at least one-inch margins on all sides;
(3) all text must be double-spaced, except for headings, text in footnotes, or block
quotations, which may be single-spaced.
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer,
briefs in support of and in response to a motion (except for motions for
reconsideration) may not exceed 8,750 words, and reply briefs may not exceed
3,500 words; if.
If filed by a party who is not represented by an attorney and handwritten or
prepared with a typewriter, briefs in support of and in response to a motion may
not exceed 25 pages, and reply briefs may not exceed 10 pages.
These limits do not include the caption, any index, table of contents, table of
authorities, signature blocks, or any required certificates, but do include material
contained in footnotes or endnotes.
If a brief is filed by an attorney or prepared with a computer, it must include a
certificate by the attorney, or party who is not represented by an attorney, that the
document complies with the word-count limitations. The person preparing the
certificate may rely on the word count of the word-processing program used to
prepare the document. The certificate must state the number of words in the
document. To the extent the court permits a party to submit briefs longer than
these limits, and expresses those limits in pages, each additional page must not
contain more than 350 additional words if the brief is filed by an attorney or
prepared with a computer.
(d) Briefs in Bankruptcy Appeals. Unless ordered otherwise by the district judge to
whom the appeal is assigned, appellate briefs on bankruptcy appeals must comply
with the briefing format and length specifications set forth in Federal Rules of
Bankruptcy Procedure 8015 to 8017.
(e) Letter-motions. Applications for extensions or adjournments, applications for a
pre-motionpremotion conference, and similar non-dispositivenondispositive
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matters may be brought by letter-motion. Other motions cannot be brought by
letter-motion unless authorized by the judge’s individual practices or order issued
in a particular case.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 7.1.1. Disclosure Statement
For purposes of Fed. R. Civ. P. 7.1(b)(2), “promptly” means “within 14 days,” that is,
parties must file a supplemental disclosure statement within 14 days of the time there is
any change in the information required in a disclosure statement filed in accordance
with those rules.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 7.2. Authorities to Be Provided to Pro Se Litigants
In cases involving a pro se litigant, counsel must, when serving a memorandum of law
(or other submissions to the court), provide the pro se litigant (but not other counsel or
the court) with copies of cases and other authorities cited therein that are unpublished
or reported exclusively on computerized databases. Upon request, counsel must
provide the pro se litigant with copies of such unpublished cases and other authorities
as are cited in a decision of the court and were not previously cited by any party.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 11.1. Form of Pleadings, Motions, and Other Papers [Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 12.1. Notice to Pro Se Litigant Who Opposes a Rule 12 Motion
Supported by Matters Outside the Pleadings
A represented party moving to dismiss or for judgment on the pleadings against a party
proceeding pro se, who refers in support of the motion to matters outside the pleadings
as described in Fed. R. Civ. P. 12(b) or 12(c), must serve and file the following notice
with the full text of Fed. R. Civ. P. 56 attached at the time the motion is served.
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If the court rules that a motion to dismiss or for judgment on the pleadings will be
treated as one for summary judgment under Fed. R. Civ. P. 56, and the movant has not
previously served and filed the notice required by this rule, the movant must amend the
form notice to reflect that fact and must serve and file the amended notice within 14
days of the court’s ruling.
NOTICE TO PRO SE LITIGANT WHO OPPOSES A RULE 12 MOTION
SUPPORTED BY MATTERS OUTSIDE THE PLEADINGS
The defendant in this case has moved to dismiss or for judgment on the pleadings
under Rule 12(b) or 12(c) of the Federal Rules of Civil Procedure, and has submitted
additional written materials. This means that the defendant has asked the court to
decide this case without a trial, based on these written materials. You are warned that
the court may treat this motion as a motion for summary judgment under Rule 56 of the
Federal Rules of Civil Procedure. For this reason, THE CLAIMS YOU ASSERT IN
YOUR COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF YOU DO NOT
RESPOND TO THIS MOTION ON TIME by filing sworn affidavits as required by Rule
56(c) and/or other documents. The full text of Rule 56 of the Federal Rules of Civil
Procedure is attached.
In short, Rule 56 provides that you may NOT oppose the defendant’s motion simply by
relying on the allegations in your complaint. Rather, you must submit evidence, such as
witness statements or documents, countering the facts asserted by the defendant and
raising specific facts that support your claim. If you have proof of your claim, now is the
time to submit it. Any witness statements must be in the form of affidavits. An affidavit
is a sworn statement of fact based on personal knowledge stating facts that would be
admissible in evidence at trial. You may submit your own affidavit and/or the affidavits
of others. You may submit affidavits that were prepared specifically in response to
defendant’s motion.
If you do not respond to the motion on time with affidavits and/or documents
contradicting the facts asserted by the defendant, the court may accept defendant’s facts
as true. Your case may be dismissed and judgment may be entered in defendant’s favor
without a trial.
If you have any questions, you may direct them to the Pro Se Office.
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For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 15.1 Amendment of Pleadings
(a) Motions to Amend or Supplement Pleadings. Except forAll motions made by pro
se litigants, all motions madea represented party under Fed. R. Civ. P. 15(a)(2) or
(d) must also include as an exhibit (1) a clean copy of the proposed amended or
supplemental pleading; and (2) a version of the proposed pleading that shows—
through redlining, underlining, strikeouts, or other similar typographic method—
all differences from the pleading that it is intended to amend or supplement. A pro
se party must include a proposed amended or supplemental pleading with a
motion to amend or supplement but does not need to provide a version showing
all differences from the prior pleading.
(b) Filing of Amended or Supplemental Pleading. The granting of a motion under
Rule 15(a)(2) or (d) does not constitute the filing of the amended or supplemental
pleading. Unless the court orders otherwise, a non-pro serepresented moving
party must file the new pleading within seven days of the order granting the
motion.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 16.1. Exemptions from Mandatory Scheduling Order
Habeas corpus petitions, section 2255 motions, social security disability cases,
forfeitures, reviews from administrative agencies (including Freedom of Information
Act cases), and bankruptcy appeals, are exempted from the mandatory scheduling
order required by Fed. R. Civ. P. 16(b). Discovery may proceed in those cases only at the
time, and to the extent, authorized by the court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 16.2. Entry and Modification of Mandatory Scheduling Orders by
Magistrate Judges
In any case referred to a magistrate judge, the magistrate judge may issue or modify
scheduling orders under Fed. R. Civ. P. 16(b).
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For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 23.1. Fees in Class Action and Shareholder Derivative Actions
Fees for attorneys or others must not be paid upon recovery or compromise in a class
action or a derivative action on behalf of a corporation unless allowed by the court after
a hearing on such notice as the court may direct. The notice must include a statement of
the names and addresses of the applicants for the fees and the amounts requested
respectively and must disclose any fee sharing agreements with anyone. Where the
court directs notice of a hearing upon a proposed voluntary dismissal or settlement of a
class action or a derivative action, the above information regarding the applications
must be included in the notice.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 26.1. Address of Party and Original Owner of Claim to Be
Furnished [Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 26.2. Assertion of Claim of Privilege
(a) Unless otherwise agreed to by the parties or directed by the court, where a claim of
privilege is asserted in objecting to any means of discovery or disclosure, including
but not limited to a deposition, and an answer is not provided on the basis of the
assertion,
(1) The person asserting the privilege must identify the nature of the privilege
(including work product) which is being claimed and, if the privilege is
governed by state law, indicate the state’s privilege rule being invoked; and
(2) The following information must be provided in the objection, or (in the case
of a deposition) in response to questions by the questioner, unless divulgence
of the information would cause disclosure of the allegedly privileged
information:
(A) For documents (including electronically stored information): (i) the type
of document, e.g., letter, email, or memorandum; (ii) the general subject
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matter of the document; (iii) the date of the document; and (iv) the
author of the document, the addressees of the document, and any other
recipients, and, where not apparent, the relationship of the author,
addressees, and recipients to each other;
(B) For oral communications: (i) the name of the person making the
communication and the names of persons present while the
communication was made and, where not apparent, the relationship of
the persons present to the person making the communication; (ii) the
date and place of communication; and (iii) the general subject matter of
the communication.
(b) Where a claim of privilege is asserted in response to discovery or disclosure other
than a deposition, and information is not provided on the basis of the assertion,
the information set forth in paragraph (a) above must be furnished in writing at
the time of the response to the discovery or disclosure, unless otherwise agreed to
in writing by the parties or ordered by the court.
(c) Efficient means of providing information regarding claims of privilege are
encouraged. Parties are encouraged to discuss measures that further this end,
including which information fields will be provided in the privilege log. When
appropriate, parties should consider and discuss the use of a categorical log or a
metadata log, instead of a document-by-document log. Unless otherwise agreed to
by the parties or provided by a judge’s individual practices or by court order,
(1) when a party is asserting privilege on the same basis with respect to multiple
documents, it is presumptively proper to provide the information required by
this rule by group or category;
(2) where numerous documents are withheld and the party is using review
software, preparation of a metadata log may suffice to provide the
information required to support the claim of privilege;
(3) where either a categorical log or a metadata log is used, the parties are
encouraged to discuss whether to allow the requesting party to request a
document -by -document log for a limited number or percentage of the
logged documents; and
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(4) a party cannot object to a privilege log solely on the basis that it is a
categorical log or a metadata log, but may object if the substantive
information required by this rule has not been provided in a comprehensible
form.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 26.3. Uniform Definitions in Discovery Requests
(a) The full text of the definitions and rules of construction set forth in paragraphs (c)
and (d) is deemed incorporated by reference into all discovery requests. No
discovery request may use broader definitions or rules of construction than those
set forth in paragraphs (c) and (d). This rule does not preclude:
(1) the definition of other terms specific to the particular litigation,
(2) the use of abbreviations, or
(3) a narrower definition of a term defined in paragraph (c).
(b) This rule is not intended to broaden or narrow the scope of discovery permitted by
the Federal Rules of Civil Procedure.
(c) The following definitions apply to all discovery requests:
(1) Communication. The term “communication” means the transmittal of
information (in the form of facts, ideas, inquiries, or otherwise).
(2) Document. The term “document” is defined to be synonymous in meaning
and equal in scope to the usage of the term “documents or electronically
stored information” in Fed. R. Civ. P. 34(a)(1)(A). A draft or non-identical
copy is a separate document within the meaning of this term.
(3) Identify (with respect to persons). When referring to a person, “to identify”
means to give, to the extent known, the person’s full name, present or last
known address, and when referring to a natural person, additionally, the
present or last known place of employment. Once a person has been
identified in accordance with this subparagraph, only the name of that person
need be listed in response to subsequent discovery requesting the
identification of that person.
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(4) Identify (with respect to documents). When referring to documents, “to
identify” means to give, to the extent known, the (i) type of document; (ii)
general subject matter; (iii) date of the document; and (iv) author(s),
addressee(s) and recipient(s). In the alternative, the responding party may
produce the documents, together with identifying information sufficient to
satisfy Fed. R. Civ. P. 33(d).
(5) Parties. The terms “plaintiff” and “defendant” as well as a party’s full or
abbreviated name or a pronoun referring to a party mean the party and,
where applicable, its officers, directors, employees, partners, corporate
parent, subsidiaries, or affiliates. This definition is not intended to impose a
discovery obligation on any person who is not a party to the litigation.
(6) Person. The term “person” is defined as any natural person or any legal
entity, including, without limit, any business or governmental entity or
association.
(7) Concerning. The term “concerning” means relating to, referring to,
describing, evidencing, or constituting.
(d) The following rules of construction apply to all discovery requests:
(1) All/Any/Each. The terms “all,” “any,” and “each” must each be construed as
encompassing any and all.
(2) And/Or. The connectives “and” and “or” must be construed either
disjunctively or conjunctively as necessary to bring within the scope of the
discovery request all responses that might otherwise be construed to be
outside of its scope.
(3) Number. The use of the singular form of any word includes the plural and
vice versa.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 26.4. Cooperation Among Counsel in Discovery [formerly Local
Civil Rules 26.5 and 26.7]
(a) Counsel are expected to cooperate with each other, consistent with the interests of
their clients, in all phases of the discovery process and to be courteous in their
dealings with each other, including in matters relating to scheduling and timing of
various discovery procedures.
(b) Discovery requests must be read reasonably in the recognition that the attorney
serving them generally does not have the information being sought and the
attorney receiving them generally does have the information or can obtain it from
the client.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 26.5. Form Discovery Requests [formerly Local Civil Rule 26.6]
Attorneys using form discovery requests must review them to ascertain that they are
consistent with the scope of discovery under Fed. R. Civ. P. 26(b)(l). Non-
compliantNoncompliant requests must not be used.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 30.1. Counsel Fees on Taking Depositions More Than 100 Miles
Fromfrom Courthouse [Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 30.2. Telephonic and Other Remote Depositions [formerly Local
Civil Rule 30.3]
The motion of a party to take the deposition of an adverse party by telephone or other
remote means will presumptively be granted. Where the opposing party is a
corporation, the term “adverse party” means an officer, director, managing agent, or
corporate designee under Fed. R. Civ. P. 30(b)(6).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 30.3. Persons Attending Depositions [formerly Local Civil Rule
30.4]
A person who is a party in the action may attend the deposition of a party or witness. A
witness or potential witness in the action may attend the deposition of a party or
witness unless ordered otherwise by the court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 30.4. Conferences Between Deponent and Defending Attorney
[formerly Local Civil Rule 30.6]
An attorney for a deponent must not initiate a private conference with the deponent
while a deposition question is pending, except for the purpose of determining whether
a privilege should be asserted.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
[Local Civil Rule 33.1. Intentionally Omitted]
Local Civil Rule 33.2. Standard Discovery in Prisoner Pro Se Actions
(a) This rule applies in any action commenced pro se in which the plaintiff’s complaint
includes any claim described in paragraph (b) of this rule and in which the
events alleged in the complaint occurred while the plaintiff was in the custody of
the New York State Department of Corrections & Community Supervision, the
Department of Correction of the City of New York, or any other jail, prison, or
correctional facility operated by or for a city, county, municipality, or other local
governmental entity (collectively, the “Department”).
Defendants represented by the Office of the New York State Attorney General, the
Office of the Corporation Counsel of the City of New York, or counsel for or
appointed by the Department responsible for the jail, prison, or correctional
facility (collectively, the “Facility”), must respond to the standing discovery
requests adopted by the court, in accordance with the instructions and definitions
set forth in the standing requests, unless ordered otherwise by the court.
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(b) The claims to which the standard discovery requests apply are Use of Force Cases,
Inmate Against Inmate Assault Cases, and Disciplinary Due Process Cases, as
defined below.
(1) “Use of Force Case” refers to an action in which the complaint alleges that an
employee of the Department or Facility used physical force against the plaintiff
in violation of the plaintiff’s rights.
(2) “Inmate Against Inmate Assault Case” refers to an action in which the
complaint alleges that an employee of the Department or Facility was
responsible for the plaintiff’s injury resulting from physical contact with
another inmate.
(3) “Disciplinary Due Process Case” refers to an action in which (i) the complaint
alleges that an employee of the Department or Facility violated or permitted
the violation of a right or rights in a disciplinary proceeding against
plaintiff, and (ii) the punishment imposed on plaintiff as a result of that
proceeding was placement in a special housing unit for more than 30 days.
(c) If a response to the requests is required to be made on behalf of an individual
defendant represented by the Office of the Corporation Counsel, the Office of the
New York State Attorney General, or counsel for or appointed by the Department
responsible for the Facility, it must be made on the basis of information and
documents within the possession, custody, or control of the Department or Facility
in accordance with the instructions contained in the requests. If no defendant is
represented by those counsel, responses based on that information need not be
made under this local rule, without prejudice to such other discovery procedures
as the plaintiff may initiate.
(d) The requests, denominated “Plaintiff’s Local Civil Rule 33.2 Interrogatories and
Requests for Production of Documents,” must be answered within 120 days of
service of the complaint on any named defendant except (i) as ordered otherwise
by the court, for good cause shown, which must be based on the facts and
procedural status of the particular case and not on a generalized claim of burden,
expense, or relevance, or (ii) if a dispositive motion is pending. The responses to
the requests must be served on the plaintiff and must include verbatim quotation of
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the requests. Copies of the requests are available from the court, including the
court's website.
(e) Except upon permission of the court, for good cause shown, the requests constitute
the sole form of discovery available to plaintiff during the 120-day period
designated above.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 33.3. Interrogatories (Southern District Only)
(a) Unless ordered otherwise by the court, at the commencement of discovery,
interrogatories will be restricted to those seeking names of witnesses with
knowledge of information relevant to the subject matter of the action, the
computation of each category of damage alleged, and the existence, custodian,
location, and general description of relevant documents, including pertinent
insurance agreements, and other physical evidence, or information of a similar
nature.
(b) During discovery, interrogatories other than those seeking information described
in paragraph (a) above may only be served only
(1) if they are a more practical method of obtaining the information sought than
a request for production or a deposition, or
(2) if ordered by the court.
(c) At the conclusion of other discovery, and at least 30 days before the discovery cut-
off date, interrogatories seeking the claims and contentions of the opposing party
may be served unless the court has ordered otherwise.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 37.1. Verbatim Quotation of Discovery Materials
Upon any motion or application involving discovery or disclosure requests or responses
under Fed. R. Civ. P. 37, the moving party must specify and quote or set forth verbatim
in the motion papers each discovery request and response to which the motion or
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application is addressed. The motion or application must also set forth the grounds on
which the moving party is entitled to prevail for each request or response.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 37.2. Discovery Disputes
Unless the individual practices of the judge presiding over discovery require a different
procedure, no motion under Fed. R. Civ. P. 26 through 37 inclusive and Fed. R. Civ. P.
45 will be heard unless counsel for the moving party has first requested an informal
conference with the court by letter-motion for a pre-motionpremotion discovery
conference and that request has either been denied or the discovery dispute has not
been resolved as a consequence of the conference.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 37.3. Mode of Raising Discovery and Other Non-
DispositiveNondispositive Pretrial Disputes Withwith the Court (Eastern District
Only) [Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 39.1. Custody of Trial and Hearing Exhibits
(a) Unless the court orders otherwise, trial and hearing exhibits must not be filed with
the clerk, but must be retained in the custody of the respective attorneys who
produced them in court.
(b) Trial and hearing exhibits that have been filed with the clerk must be removed by
the party responsible for them (1) if no appeal is taken, within 90 days after a final
decision is rendered, or (2) if an appeal has been taken, within 30 days after the
final disposition of the appeal. Parties failing to comply with this rule will be
notified by the clerk to remove their exhibits and upon their failure to do so within
30 days, the clerk may dispose of the exhibits as the clerk may see fit.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 39.2. Order and Length of SummationSummations
After the close of evidence in civil trials, the order of summation willshall be
determined in the discretion of the Court. The court has discretion to determine the
length and order of summations, including whether to allow a rebuttal summation.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 40.1 Trial Scheduling
Judges have discretion to schedule trials in light of the needs of their dockets. Each
district may adopt court-wide practices or procedures for trial scheduling in their
respective Division of Business Rules or through an administrative or standing
order. Scheduling must give priority to matters as required by federal statute.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 47.1. Assessment of Jury Costs
All counsel in civil cases must seriously discuss the possibility of settlement a
reasonable time before trial. The court may, in its discretion, assess the parties or
counsel with the cost of one day’s attendance of the jurors if a case is settled after the
jury has been summoned or during trial, the amount to be paid to the clerk of the court.
For purposes of this rule, a civil jury is considered summoned for a trial as of noon one
day before the designated date of the trial.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 53.1. Masters
A person appointed under Fed. R. Civ. P. 53 may sit within or outside the district. When
the person appointed is requested to sit outside the district for the convenience of a
party, and there is opposition by another party, he or shethe party may make an order
for the holding of the hearing, in full or a in part, outside the district, on terms and
conditions as are just.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 54.1. Taxable Costs
(a) Notice of Taxation of Costs. Within 30 days after the entry of final judgment, or, in
the case of an appeal by any party, within 30 days after the final disposition of the
appeal, unless this period is extended by the court for good cause shown, any
party seeking to recover costs must file with the clerk a notice of taxation of costs
by ECF, except a pro se party may do so in writing, indicating the date and time of
taxation which must comply with the notice period prescribed by Fed. R. Civ. P.
54, and annexing a bill of costs. Costs will not be taxed during the pendency of any
appeal, motion for reconsideration, or motion for a new trial. Within 30 days after
the determination of any appeal, motion for reconsideration, or motion for a new
trial, the party seeking tax costs must file a new notice of taxation of costs. Any
party failing to file a notice of taxation of costs within the applicable 30-day period
will be deemed to have waived costs. The bill of costs must include an affidavit
that the costs claimed are allowable by law, are correctly stated and were
necessarily incurred. Bills for the costs claimed must be attached as exhibits.
(b) Objections to Bill of Costs. A party objecting to any cost item must serve objections
by ECF, except a pro se party may do so in writing, before the date and time
scheduled for taxation. The parties need not appear at the date and time scheduled
for taxation unless requested by the clerk. The clerk will proceed to tax costs at the
time scheduled and allow any items that are properly taxable. In the absence of
written objection, any item listed may be taxed within the discretion of the clerk.
(c) Items Taxable as Costs
(1) Transcripts. The cost of any part of the original trial transcript that was
necessarily obtained for use in this court or on appeal is taxable. Convenience
of counsel is not sufficient. The cost of a transcript of court proceedings
before or after trial is taxable only when authorized in advance or ordered by
the court.
(2) Depositions. Unless ordered otherwise by the court, the original transcript of
a deposition, plus one copy, is taxable if the deposition was used or received
in evidence at the trial, whether or not it was read in its entirety. Costs for
depositions are also taxable if they were used by the court in ruling on a
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motion for summary judgment or other dispositive substantive motion. Costs
for depositions taken solely for discovery are not taxable. Counsel’s fees and
expenses in attending the taking of a deposition are not taxable unless
provided by statute, rule, or order of the court. Fees, mileage, and subsistence
for the witness at the deposition are taxable at the same rates as for
attendance at trial if the deposition taken was used or received in evidence at
the trial.
(3) Witness Fees, Travel Expenses and Subsistence. Witness fees and travel
expenses authorized by 28 U.S.C. § 1821 are taxable if the witness testifies.
Subsistence under 28 U.S.C. § 1821 is taxable if the witness testifies and it is
not practical for the witness to return to his or herthe witness’s residence
from day to day. No party to the action may receive witness fees, travel
expenses, or subsistence. Fees for expert witnesses are taxable only to the
extent of fees for ordinary witnesses unless prior court approval was
obtained.
(4) Interpreting Costs. The reasonable fee of a competent interpreter is taxable if
the fee of the witness involved is taxable.
(5) Exemplifications and Copies of Papers. A copy of an exhibit is taxable if the
original was not available and the copy was used or received in evidence. The
cost of copies used for the convenience of counsel or the court are not taxable.
The fees for a search and certification or proof of the non-
existencenonexistence of a document in a public office is taxable.
(6) Maps, Charts, Models, Photographs and Summaries. The cost of
photographs, 8” x 10” in size or less, is taxable if used or received in evidence.
Enlargements greater than 8” x 10” are not taxable except by order of the
court. Costs of maps, charts, and models, including computer generated
models, are not taxable except by order of the court. The cost of compiling
summaries, statistical comparisons, and reports is not taxable.
(7) Attorney’s Fees and Related Costs. Attorney’s fees and disbursements and
other related fees and paralegal expenses are not taxable except by order of
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the court. A motion for attorney’s fees and related nontaxable expenses must
be made within the time period prescribed by Fed. R. Civ. P. 54.
(8) Fees of Masters, Receivers, Commissioners, and Court Appointed Experts.
Fees of masters, receivers, commissioners, and court appointed experts are
taxable as costs, unless ordered otherwise by the court.
(9) Costs for Title Searches. A party is entitled to tax necessary disbursements for
the expenses of searches made by title insurance, abstract, or searching
companies.
(10) Docket and Miscellaneous Fees. Docket fees, and the reasonable and actual
fees of the clerk and of a marshal, sheriff, and process server, are taxable
unless ordered otherwise by the court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 54.2. Security for Costs
The court, on motion or on its own initiative, may order any party to file an original
bond for costs or additional security for costs in such an amount and so conditioned as
it may designate. For failure to comply with the order the court may make such orders
in regard to noncompliance as are just, and among others the following: an order
striking out pleadings or staying further proceedings until the bond is filed or
dismissing the action or rendering a judgment by default against the non-
complyingnoncomplying party.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 54.3. Entering Satisfaction of Money Judgment
Satisfaction of a money judgment that has been entered or registered must be entered
by the clerk as follows:
(a) Upon the payment into the court of the amount thereof, plus interest, and the
payment of the clerk’s and marshal’s fees, if any;
(b) Upon the filing of a satisfaction executed and acknowledged by:
(1) the judgment creditor; or
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(2) the judgment creditor’s legal representatives or assigns, with evidence of
their authority; or
(3) the judgment creditor’s attorney if within 10 years of the entry of the
judgment or decree;
(c) If the judgment creditor is the United States, upon the filing of a satisfaction
executed by the United States Attorney;
(d) Upon an order of satisfaction entered by the court; or
(e) Upon the registration of a certified copy of a satisfaction entered in another court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 55.1. Certificate of Default
(a) A party seeking entry of default under Fed. R. Civ. P. 55(a) must file:
(1) a “Request to Enter Default,” in a form prescribed by the clerk;
(2) an affidavit or declaration showing: (a) that the requirements of Fed. R. Civ.
P. 4 for service or waiver of service have been satisfied; and (b) that the party
against whom a judgment for affirmative relief is sought has failed to plead
or otherwise defend;
(3) a proposed “Clerk’s Certificate of Default,” in a form prescribed by the clerk;
and
(4) a certificate of service showing that the foregoing documents have been
personally served on, or mailed to the last known residence (for an individual
defendant) or business address (for other defendants) of, the party against
whom default is sought.
If the mailing is returned, a supplemental certificate must be filed setting
forth that fact, together with the reason provided for return, if any.
(b) The court, on its own initiative, may enter default or direct the clerk to enter
default.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 55.2. Default Judgment
(a) In addition to following the applicable procedures in either (b) or (c) below, any
party seeking a default judgment must file:
(1) an affidavit or declaration showing that:
(A) the clerk has entered default under Local Civil Rule 55.1;
(B) the party seeking default judgment has complied with the
Servicemembers Civil Relief Act, 50a U.S.C. § 521; and
(C) the party against whom judgment is sought is not known to be a minor
or an incompetent person, or, if seeking default judgment by the court,
the minor or incompetent person is represented by a general guardian,
conservator, or other fiduciary who has appeared.
(2) if proceeding by motion, the papers required by Local Civil Rule 7.1,
including a memorandum of law, a proposed order detailing the proposed
judgment to be entered; and
(3) a certificate of service stating that all documents in support of the request for
default judgment, including the “Clerk’s Certificate of Default” and any
papers required by this rule, have been personally served on, or mailed to the
last known residence (for an individual defendant) or business address (for
other defendants) of, the party against whom default judgment is sought.
If the mailing is returned, a supplemental certificate of service must be filed
setting forth that fact, together with the reason provided for return, if any.
(b) By the Clerk (available under Fed. R. Civ. P. 55(b)(1)). If the claim to which no
response has been made seeks payment only of a sum certain or a sum that can be
made certain by computation and does not seek attorney’s fees or other
substantive relief, the party seeking default judgment, must file, in addition to the
documents listed in (a) above, an affidavit or declaration from someone with
personal knowledge showing the principal amount due and owing, not exceeding
the amount sought in the claim to which no response has been made, plus interest,
if any, computed by the party, with credit for all payments received to date clearly
set forth, and costs, if any, under 28 U.S.C. § 1920. Upon confirming that the
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submission complies with the federal and local rules, the clerk must enter
judgment for principal, interest, and costs. The clerk cannot enter judgment
against a minor or incompetent person.
(c) By the Court (available under Fed. R. Civ. P. 55(b)(2)). In addition to the matters
required in section (a), above, the party must file a statement of damages, sworn or
affirmed to by one or more people with personal knowledge, in support of the
request, showing the proposed damages and the basis for each element of
damages, including interest, attorney’s fees, and costs.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 56.1. Statements of Material Facts on Motion for Summary
Judgment
(a) Unless the court orders otherwise, on motion or on its own, any motion for
summary judgment under Fed. R. Civ. P. 56 must be accompanied by a separate,
short, and concise statement, in numbered paragraphs, of the material facts as to
which the moving party contends there is no genuine issue to be tried. Failure to
submit such a statement may constitute grounds for denial of the motion. This rule
does not apply to claims brought under the Administrative Procedure Act or the
Freedom of Information Act.
(b) The papers opposing a motion for summary judgment must include a
correspondingly numbered paragraph admitting or denying, and otherwise
responding to, each numbered paragraph in the statement of the moving party,
and if necessary, additional paragraphs containing a separate, short and concise
statement of additional material facts as to which it is contended that there exists a
genuine issue to be tried.
(c) Each numbered paragraph in the statement of material facts set forth in the
statement required to be served by the moving party will be deemed to be
admitted for purposes of the motion unless specifically denied and controverted
by a correspondingly numbered paragraph in the statement required to be served
by the opposing party.
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(d) Each statement by the movant or opponent under Rule 56.1(a) and (b), including
each statement denying and controverting any statement of material fact, must be
followed by citation to evidence that would be admissible and set forth as required
by Fed. R. Civ. P. 56(c).
(e) In any case where all parties are represented by counsel, any party moving for
summary judgment must provide all other parties with an electronic copy, in a
standard word processing format, of the moving party’s Statement of Material
Facts. In any case where all parties are represented by counsel, the
counterstatement required by this rule must include each entry in the moving
party’s statement and set out the opposing party’s response directly beneath it.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 56.2. Notice to Pro Se Litigant Who Opposes a Summary
Judgment
Any represented party moving for summary judgment against a party proceeding pro
se must serve and file as a separate document, together with the papers in support of
the motion, the following “Notice Toto Pro Se Litigant Who Opposes a Motion Forfor
Summary Judgment” with the full texts of Fed. R. Civ. P. 56 and Local Civil Rule 56.1
attached. Where the pro se party is not the plaintiff, the movant must amend the form
notice as necessary to reflect that fact.
NOTICE TO PRO SE LITIGANT WHO OPPOSES A MOTION FOR SUMMARY
JUDGMENT
The defendant in this case has moved for summary judgment under Rule 56 of the
Federal Rules of Civil Procedure. This means that the defendant has asked the court to
decide this case without a trial, based on written materials, including affidavits,
submitted in support of the motion. THE CLAIMS YOU ASSERT IN YOUR
COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF YOU DO NOT RESPOND
TO THIS MOTION ON TIME by filing sworn affidavits and/or other documents as
required by Rule 56(c) of the Federal Rules of Civil Procedure and by Local Civil Rule
56.1. The full text of Rule 56 of the Federal Rules of Civil Procedure and Local Civil Rule
56.1 is attached.
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In short, Rule 56 provides that you may NOT oppose summary judgment simply by
relying on the allegations in your complaint. Rather, you must submit evidence, such as
witness statements or documents, countering the facts asserted by the defendant and
raising specific facts that support your claim. If you have proof of your claim, now is the
time to submit it. Any witness statements must be in the form of affidavits. An affidavit
is a sworn statement of fact based on personal knowledge stating facts that would be
admissible in evidence at trial. You may submit your own affidavit and/or the affidavits
of others. You may submit affidavits that were prepared specifically in response to
defendant’s motion for summary judgment.
If you do not respond to the motion for summary judgment on time with affidavits
and/or documents contradicting the material facts asserted by the defendant, the court
may accept defendant’s facts as true. Your case may be dismissed and judgment may be
entered in defendant’s favor without a trial.
If you have any questions, you may direct them to the Pro Se Office.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 58.1. Remand by an Appellate Court
Any mandate, order, or judgment of an appellate court, when filed with the clerk of the
district court, will automatically become the order or judgment of the district court and
be entered as such by the clerk without further order, except if the mandate, order, or
judgment of the appellate court requires further proceedings in the district court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 65.1.1. Security
(a) When a bond, undertaking, or stipulation is required, it will be sufficient, unless
otherwise prescribed by law, if the instrument is executed by the security provider.
(b) Unless otherwise provided by law, a bond, undertaking, or stipulation must be
secured by:
(1) the deposit of cash or government bonds in the amount of the bond,
undertaking, or stipulation; or
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(2) the undertaking or guaranty of a corporate security provider holding a
certificate of authority from the Secretary of the Treasury; or
(3) the undertaking or guaranty of two individual residents of the district in
which the case is pending, each of whom owns real or personal property
within the district worth double the amount of the bond, undertaking, or
stipulation, over all his or her debts and liabilities, and over all obligations
assumed by the surety on other bonds, undertakings or stipulations, and
exclusive of all legal exemptions.
(c) Except as otherwise provided by law, all bonds, undertakings and stipulations of
corporate security providers holding certificates of authority from the Secretary of
the Treasury, where the amount of the bonds or undertakings has been fixed by a
judge or by court rule or statute, may be approved by the clerk.
(d) In the case of a bond, or undertaking, or stipulation executed by individual
security provider, each provider must attach its affidavit of justification, giving the
surety’s full name, occupation, residence and business addresses, and showing
that the provider is qualified as an individual security provider under paragraph
(b) of this rule.
(e) Members of the bar who have appeared in the case must not act as a security
provider in the case. Administrative officers and employees of the court, the
marshal, and the marshal’s deputies and assistants, must not act as a security
provider in any suit, action or proceeding pending in this court.
(f) Whenever a notice of motion to enforce the liability of a security provider on a
bond is served on the clerk under Fed. R. Civ. P. 65.1 or Fed. R. App. P. 8(b), the
party making the motion must deposit with the clerk the original, three copies,
and one additional copy for each provider to be served.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 67.1. Order for Deposit in Interest-Bearing Account
(a) Whenever a party seeks a court order for money to be deposited by the clerk in an
interest-bearing account, the party must file the proposed order. The clerk must
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inspect the proposed order for proper form and content and compliance with this
rule before submission to the judge for signature.
(b) Proposed orders directing the clerk to invest such funds in an interest-bearing
account or other instrument must include the following:
(1) The exact United States dollar amount of the principal sum to be invested;
and
(2) Wording that directs the clerk to deduct from the income on the investment a
fee consistent with that authorized by the Judicial Conference of the United
States and set by the Director of the Administrative Office.
(c) Unless ordered otherwise by the court, interpleader funds must be deposited in
the Disputed Ownership Fund in an interest-bearing account. Income generated
from fund investments in each case will be distributed after the appropriate fee has
been applied and tax withholdings have been deducted from the fund.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 72.1. Powers ofProceedings Before Magistrate Judges
(a) Powers of Magistrate Judges. In addition to other powers of magistrate judges:
(a) General Authority of, a Magistrate Judge. A full-time or part-time magistrate judge
may be assigned any duty allowed by law to be performed by a magistrate judge.
In addition, magistrate judges are specially designated to exercise the jurisdiction
set forth in 28 U.S.C. § 636(c). Parties who consent to magistrate judge jurisdiction
must follow the procedures set forth in Local Rule 73.1. As judicial officers, in
performing any duty, a magistrate judge may determine preliminary matters,
require parties, attorneys and witnesses to appear; require briefs, proofs, and
argument; and conduct any hearing, conference or other proceeding the magistrate
judge may deem appropriate.
(b) Objections to Non-DispositiveActions of a Magistrate Judge
(1) Nondispositive Matters. A party may serve and file objections to a magistrate
judge’s order on non-dispositivenondispositive matters, as provided in Fed.
R. Civ. P. 72(a). If a party files an objection to a magistrate judge’s order,
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another party may serve and file a response to that objection. That response
must be served within 14 days after being served with the objection.
(2) Lengths of Briefs and Formatting. Unless the Court orders otherwise, any
brief filed in connection with any objection to the ruling, order, or report and
recommendation of a magistrate judge must comply with the length
limitations in Local Civil Rule 6.3 and the formatting requirements in Local
Civil Rule 7.1(b).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 72.2. Reference to Magistrate Judge (Eastern District Only)
[Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 73.1. Consent Jurisdiction Procedure
(a) Upon the filing of a complaint in a civil case, the clerk will file on ECF, or in a pro
se matter provide in hard copy, a court-approved notice (or a link thereto)
informing the parties that they may consent to have a magistrate judge conduct all
proceedings in the case and order the entry of final judgment. The notice will
include a consent form that the parties or their attorneys must sign if they consent
to the exercise of dispositive authority by a magistrate judge.
(b) In any case where all parties are represented by counsel, no consent form may be
filed unless it is signed by all parties or their attorneys. In such a case, consent
forms may be signed in counterpart fashion, if all signed forms are filed together.
(c) For all cases where both a district judge and magistrate judge has been assigned, if
the assigned district judge approves the consent form, the clerk must reassign the
case for all purposes to the magistrate judge previously designated to receive any
referrals or to whom the case has previously been referred for any purpose, except
that, in the Eastern District, upon application of the parties, the clerk must select a
new magistrate judge at random. If no designation or referral has been made, the
clerk must select a new magistrate judge at random.
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(d) In the Eastern District, for all cases where only a magistrate judge has been
assigned, upon approval of the consent form by the chief judge or a district judge
designated to approve the form, the case will remain assigned to the magistrate
judge for all purposes.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees
Proposed orders, judgments, and decrees must be presented as directed by the ECF
rules published on the website of each respective court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 81.1. Removal of Cases from State Courts
If the court’s jurisdiction is based on diversity of citizenship, and regardless of whether
or not service of process has been effected on all parties, the notice of removal must set
forth:
(1a) in the case of each individual named as a party, that party’s residence and
domicile and any state or other jurisdiction of which that party is a citizen for
purposes of 28 U.S.C. § 1332;
(2b) in the case of each party that is a partnership, limited liability partnership,
limited liability company, or other unincorporated association, like
information for all of its partners or members, as well as the state or other
jurisdiction of its formation;
(3c) in the case of each party that is a corporation, its state or other jurisdiction of
incorporation, principal place of business, and any state or other jurisdiction
of which that party is a citizen for purposes of 28 U.S.C. § 1332;
(4d) in the case of an assigned claim, corresponding information for each original
owner of the claim and for each assignee; and
(5e) the date on which each party that has been served was served.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 83.1. Transfer of Cases to Another District
In a case ordered transferred from the district where the case was filed, the clerk, unless
ordered otherwise, must upon the expiration of seven days effectuate the transfer of the
case to the transferee court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 83.2. Settlement of Actions by or on Behalf of Infants or
Incompetents, Wrongful Death Actions, and Actions for Conscious Pain and
Suffering of the Decedent
(a) Settlement of Actions by or on Behalf of Infants or Incompetents
(1) An action by or on behalf of an infant or incompetent person must not be
settled or compromised, or voluntarily discontinued, dismissed, or
terminated, without leave of the court embodied in an order, judgment, or
decree. The proceeding upon an application to settle or compromise such an
action must conform, as much as possible, to the New York State statutes and
rules, but the court, for cause shown, may dispense with any New York State
requirement.
(2) The court must authorize payment to counsel for the infant or incompetent
person of a reasonable attorney’s feefees and proper disbursements from the
amount recovered in the action, whether realized by settlement, execution, or
otherwise, and must determine the said feethose fees and disbursements,
after due inquiry into all charges against the fund.
(3) The court must order the balance of the proceeds of the recovery or
settlement to be distributed as it deems may best protect the interest of the
infant or incompetent.
(b) Settlement of Wrongful Death Actions and Actions for Conscious Pain and
Suffering of the Decedent. In an action for wrongful death or conscious pain and
suffering of the decedent:
(1) Where required by statute or otherwise, the court must apportion the
availsproceeds of the action and must approve the terms of any settlement.
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(2) The court must approve an attorney’s feefees only upon application in
accordance with the provisions of the New York State statutes and rules.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 83.3. Habeas Corpus
Unless otherwise provided by statute, applications for a writ of habeas corpus made by
persons under the judgment and sentence of a court of the State of New York must be
filed, heard, and determined in the district court for the district within which they were
convicted and sentenced; provided, however, that if the convenience of the parties and
witnesses requires a hearing in a different district, such application may be transferred
to any district that is found by the assigned judge to be more convenient. The clerks of
the Southern and Eastern District Courts are authorized and directed to transfer such
those applications to the designated district herein designated for filing, hearing, and
determination.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 83.4. Publication of Required Public Notices [formerly Local Civil
Rule 83.6]
(a) Unless otherwise provided by statute, rule, or order of the court, all notices
required to be published by a party (except notices of sale of real estate or of any
interest in land) must be published in a newspaper which has a general circulation
in the district where the case was filed or a circulation reasonably calculated to
give public notice of a legal publication. The court may direct the publication of
such additional notice as it may deem advisable.
(b) Unless ordered otherwise, notices for the sale of real estate or of any interest in
land must be published in a newspaper of general circulation in the county in
which the real estate or the land in question is located.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 83.5. Notice of Sale [formerly Local Civil Rule 83.7]
In any civil action, the notice of any proposed sale of property directed to be made by
any order or judgment of the court, unless ordered otherwise by the court, need not set
out the terms of sale specified in the order or judgment, and the notice will be sufficient
if in substantially the following form:
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UNITED STATES DISTRICT COURT
……. DISTRICT OF NEW YORK
[CAPTION], [Docket No. and Judge’s Initials]
NOTICE OF SALE
In accordance with ........ (Order or Judgment) ......... of the United States District
Court for the ........................... District of New York, filed in the Office of the Clerk on
........ (Date) ............. in the case titled ........................... (Name and Docket Number)
............................ the undersigned will sell at .................... (Place of Sale)
.............................. on ............. (Date and Hour of Sale) .............. the property in the
......... (Order or Judgment) ............ described and therein directed to be sold, to
which ...... (Order or Judgment) ........... reference is made for the terms of sale and
for a description of the property that may be briefly described as follows:
Dated:
____________________________
[Signature and Official Title]
The notice need not describe the property by metes and bounds or otherwise in detail
and will be sufficient if in general terms it identifies the property by specifying its
nature and location. But it must state: the approximate acreage of any real estate outside
the limits of any town or city; the street, lot, and block number of any real estate within
any town or city; and a general statement of the character of any improvements upon to
the property.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 83.6. Contempt Proceedings in Civil Cases [formerly Local Civil
Rule 83.9]
(a) A proceeding to adjudicate a person in civil contempt, including a case provided
for in Fed. R. Civ. P. 37(b)(1) and 37(b)(2)(A)(vii), must be commenced by the
service of a notice of motion or order to show cause. The affidavit on which the
notice of motion or order to show cause is based must set out with particularity the
misconduct complained of, the claim, if any, for damages occasioned thereby, and
such evidence as to the amount of damages as may be available to the moving
party. A reasonable counsel fee, necessitated by the contempt proceedings, may be
included as an item of damage. Where the alleged contemnor has appeared in the
action by an attorney, the notice of motion or order to show cause and the papers
on which it is based may be served on that attorney; otherwise service must be
made personally, together with a copy of this Local Civil Rule 83.6, in the manner
provided for by the Federal Rules of Civil Procedure for the service of a summons.
If an order to show cause is sought, the order may, upon necessity shown, embody
a direction to the United States marshal to arrest the alleged contemnor and hold
that person unless bail is posted in an amount fixed by the order, conditioned on
the appearance of that person in all further proceedings on the motion, and further
conditioned that the alleged contemnor will hold himself or herself amenable to all
orders of the court for surrender.
(b) If the alleged contemnor puts in issue his or her alleged misconduct or the
damages thereby occasioned, that person will upon demand be entitled to have
oral evidence taken, either before the court or before a master appointed by the
court. When by law the alleged contemnor is entitled to a trial by jury, that person
must make written demand before the beginning of the hearing on the application;
otherwise, the alleged contemnor will be deemed to have waived a trial by jury.
(c) If the alleged contemnor is found to be in contempt of court, an order must be
entered
(1) reciting or referring to the verdict or findings of fact on which the
adjudication is based;
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(2) setting forth the amount of damages, if any, to which the complainant is
entitled;
(3) fixing the fine, if any, imposed by the court, which fine must include the
damages found and naming the person to whom such fine will be payable;
(4) stating any other conditions, the performance of which will operate to purge
the contempt; and
(5) directing, where appropriate, the arrest of the contemnor by the United States
marshalMarshal and confinement until the performance of the condition
fixed in the order and the payment of the fine, or until the contemnor be
otherwise discharged under law. A certified copy of the order committing the
contemnor will be sufficient warrant to the marshal for the arrest and
confinement of the contemnor. The complainant must also have the same
remedies against the property of the contemnor as if the order awarding the
fine were a final judgment.
(d) If the alleged contemnor is found not guilty of the charges, that person must be
discharged from the proceedings and, in the discretion of the court, may have
judgment against the complainant for costs and disbursements and a reasonable
counsel fee.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 83.7. Court-Annexed Arbitration (Eastern District Only) [formerly
Local Civil Rule 83.10]
(a) Certification of Arbitrators
(1) The chief judge or a judge or judges authorized by the chief judge to act
(hereafter referred to as the certifying judge) may certify as many arbitrators
as may be determined to be necessary under this rule.
(2) An individual may be certified to serve as an arbitrator if he or she:
(A) has been for at least five years a member of the bar of the highest court
of a state or the District of Columbia,
(B) is admitted to practice before this court, and
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(C) is determined by the certifying judge to be competent to perform the
duties of an arbitrator.
(3) Each individual certified as an arbitrator must take the oath or affirmation
required by Title 28, U.S.C. § 453 before serving as an arbitrator.
(4) A list of all persons certified as arbitrators must be maintained in the office of
the clerk.
(b) Compensation and Expenses of Arbitrators. An arbitrator will be compensated
$250.00 for services in each case. If an arbitration hearing is protracted, the
certifying judge may entertain a petition for additional compensation. If a party
requests a panel of three arbitrators, as described below, then each arbitrator will
be compensated $100.00 for service. The fees must be paid in accordance with the
order of the court subject to the limits set by the Judicial Conference of the United
States.
(c) Immunity of Arbitrators. Arbitrators will be immune from liability or suit with
respect to their conduct as arbitrators to the maximum extent permitted by
applicable law.
(d) Civil Cases Eligible for Compulsory Arbitration
(1) The clerk of court must, for all cases filed after January 1, 1986, designate and
process for compulsory arbitration all civil cases (excluding social security
cases, tax matters, prisoners’ civil rights cases and any action based on an
alleged violation of a right secured by the Constitution of the United States or
if jurisdiction is based in whole or in part on Title 28, U.S.C. § 1343) wherein
only money damages only are being sought in an amount not in excess of
$150,000.00 exclusive of interest and costs.
(2) The parties may by written stipulation agree that the clerk of court will
designate and process for court-annexed arbitration any civil case that is not
subject to compulsory arbitration hereunder.
(3) Only for purposes of this rule, in all civil cases damages must be presumed to
be not in excess of $150,000.00 exclusive of interest and costs, unless:
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(A) Counsel for plaintiff, at the time of filing the complaint, or in the event of
the removal of a case from state court or transfer of a case from another
district to this court, within 30 days of the docketing of the case in this
district, files a certification with the court that the damages sought
exceed $150,000.00, exclusive of interest and costs; or
(B) Counsel for a defendant, at the time of filing a counterclaim or cross-
claim files a certification with the court that the damages sought by the
counter-claim or cross-claim exceed $150,000.00 exclusive of interest and
costs.
(e) Referral to Arbitration
(1) After an answer is filed in a case determined eligible for arbitration, the
arbitration clerk must send a notice to counsel setting forth the date and time
for the arbitration hearing. The date of the arbitration hearing set forth in the
notice must be approximately four months but in no event later than 120 days
from the date the answer was filed, but the arbitration proceeding must not,
in the absence of the consent of the parties, commence until 30 days after the
disposition by the district court of any motion to dismiss the complaint,
motion for judgment on the pleadings, motion to join necessary parties, or
motion for summary judgment, if the motion was filed during a time period
specified by the district court. The 120-day and 30-day periods specified in
the preceding sentence may be modified by the court for good cause shown.
The notice must also advise counsel that they may agree to an earlier date for
the arbitration hearing if the arbitration clerk is notified with 30 days of the
date of the notice. The notice must also advise counsel that they have 90 days
to complete discovery unless the judge to whom the case has been assigned
orders a shorter or longer period for discovery. The district judge may refer
the case to a magistrate judge for purposes of discovery. In the event a third
party has been brought into the action, this notice must not be sent until an
answer has been filed by the third party.
(2) The court will, sua sponte, or on motion of a party, exempt any case from
arbitration in which the objectives of arbitration would not be realized
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(A) because the case involves complex or novel issues,
(B) because legal issues predominate over factual issues, or
(C) for other good cause.
Application by a party for an exemption from compulsory arbitration must
be made by written letter to the court not exceeding three pages in length,
outlining the basis for the request and attaching relevant materials, which
must be submitted no later than 21 days after receipt of the notice to counsel
setting forth the date and time for the arbitration hearing. Within four days of
receiving the letter, any opposing affected party may submit a responsive
letter not exceeding three pages attaching relevant materials.
(3) Cases not originally designated as eligible for compulsory arbitration, but
that in the discretion of the assigned judge, are later found to qualify, may be
referred to arbitration. A district judge or a magistrate judge, in cases that
exceed the arbitration ceiling of $150,000.00 exclusive of interest and costs, in
their discretion, may suggest that the parties should consider arbitration. If
the parties are agreeable, an appropriate consent form signed by all parties or
their representatives may be entered and filed in the case before scheduling
an arbitration hearing.
(4) The arbitration must be held before one arbitrator unless a panel of three
arbitrators is requested by a party, in which case one of whom must be
designated as chairperson of the panel. If the amount of controversy,
exclusive of interest and costs, is $5,000.00 or less, the arbitration must be
held before a single arbitrator. The arbitration panel must be chosen at
random by the clerk of the court from the lawyers who have been duly
certified as arbitrators. The arbitration panel must be scheduled to hear not
more than three cases.
(5) The judge to whom the case has been assigned must, 30 days before the date
scheduled for the arbitration hearing, sign an order setting forth the date and
time of the arbitration hearing and the names of the arbitrators designated to
hear the case. If a party has filed a motion for judgment on the pleadings,
summary judgment, or similar relief, the judge must not sign the order before
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ruling on the motion, but the filing of that motion on or after the date of the
order must not stay the arbitration unless the judge so orders.
(6) Upon entry of the order designating the arbitrators, the arbitration clerk will
send to each arbitrator a copy of all pleadings, including the order
designating the arbitrators, and the guidelines for arbitrators.
(7) Persons selected to be arbitrators will be disqualified for bias or prejudice as
provided in Title 28, U.S.C. § 144, and must disqualify themselves in any
action that they would be required under title 28 U.S.C. § 455, to disqualify
themselves if they were a justice, district judge, or magistrate judge.
(f) Arbitration Hearing
(1) The arbitration hearing must take place in the United States Courthouse in a
courtroom assigned by the arbitration clerk on the date and at the time set
forth in the order of the court. The arbitrators are authorized to change the
date and time of the hearing if the hearing is commenced within 30 days of
the hearing date set forth in the order of the court. Any continuance beyond
this 30-day period must be approved by the judge to whom the case has been
assigned. The arbitration clerk must be notified immediately of any
continuance.
(2) Counsel for the parties must report settlement of the case to the arbitration
clerk and all members of the arbitration panel assigned to the case.
(3) The arbitration hearing may proceed in the absence of any party who, after
notice, fails to be present. In the event, however, that a party fails to
participate in the arbitration process in a meaningful manner, the court may
impose appropriate sanctions, including, but not limited to, the striking of
any demand for a trial de novo filed by that party.
(4) Fed. R. Civ. P. 45 applies to subpoenas for attendance of witnesses and the
production of documentary evidence at an arbitration hearing under this
rule. Testimony at an arbitration hearing must be under oath or affirmation.
(5) The Federal Rules of Evidence must be used as guides to the admissibility of
evidence. Copies or photographs of all exhibits, except those intended solely
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for impeachment, must be marked for identification and delivered to adverse
parties at least 14 days before the hearing. The arbitrators must receive
exhibits in evidence without formal proof unless counsel has been notified at
least seven days before the hearing that the adverse party intends to raise an
issue concerning the authenticity of the exhibit. The arbitrators may refuse to
receive in evidence any exhibit, a copy or photograph of which has not been
delivered to the adverse party as provided herein.
(6) A party may have a recording and transcript made of the arbitration hearing,
but that party must make all necessary arrangements and bear all expenses
thereof.
(g) Arbitration Award and Judgment
(1) The arbitration award must be filed with the court promptly after the hearing
is concluded and must be entered as the judgment of the court after the 30-
day period for requesting a trial de novo under section (h) has expired, unless
a party has demanded a trial de novo. The judgment so entered will be
subject to the same provisions of law and will have the same force and effect
as a judgment of the court in a civil action, except that it will not be
appealable. In a case involving multiple claims and parties, any segregable
part of an arbitration award for which an aggrieved party has not timely
demanded a trial de novo shall become part of the final judgment with the
same force and effect as a judgment of the court in a civil action, except that it
will not be appealable.
(2) The contents of any arbitration award must not be made known to any judge
who might be assigned the case,
(A) unless necessary for the court to determine whether to assess costs or
attorney’s fees,
(B) until the district court has entered final judgment in the action, or the
action has been otherwise terminated, or
(C) except for purposes of preparing the report required by section 903(b) of
the Judicial Improvement and Access to Justice Act.
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(3) Costs may be taxed as part of any arbitration award in accordance with 28
U.S.C. § 1920.
(h) Trial De Novo
(1) Within 30 days after the arbitration award is entered on the docket, any party
may demand in writing a trial de novo in the district court. That demand
must be filed with the arbitration clerk and served by the moving party on all
counsel of record or other parties. Withdrawal of a demand for a trial de novo
will not reinstate the arbitrators’ award and the case will proceed as if it had
not been arbitrated.
(2) Upon demand for a trial de novo and the payment to the clerk required by
paragraph (4) of this section, the action must be placed on the calendar of the
court and treated for all purposes as if it had not been referred to arbitration,
and any right of trial by jury that a party would otherwise have will be
preserved inviolate.
(3) At the trial de novo, the court must not admit evidence that there had been an
arbitration proceeding, the nature or amount of the award, or any other
matter concerning the conduct of the arbitration proceeding.
(4) Upon making a demand for trial de novo the moving party must, unless
permitted to proceed in forma pauperis, deposit with the clerk of the court an
amount equal to the arbitration fees of the arbitrators as provided in section
(b). The sum so deposited must be returned to the party demanding a trial de
novo if that party obtains a final judgment, exclusive of interest and costs,
that is more favorable than the arbitration award. If the party demanding a
trial de novo does not obtain a more favorable result after trial or if the court
determines that the party’s conduct in seeking a trial de novo was in bad
faith, the sum so deposited must be paid by the clerk to the Treasury of the
United States.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 83.8. Court-Annexed Mediation (Eastern District Only) [formerly
Local Civil Rule 83.11]
(a) Description
Definition: Mediation is a confidential process in which parties and counsel agree
to meet with a neutral mediatorthird party trained to assist them in settling
disputes.facilitate settlement discussions. The mediator improves communication
across party lines, helps works with the parties articulate theirto identify interests
and understand those of the other party, probes, probe the strengths and
weaknesses of each party’s legal positions, and identifies areas of agreement and
helps position, and generate options for a mutually agreeable resolution to to
resolve the dispute. In all cases, mediation provides an opportunity to explore a
wide range of potential solutions and to address interests that may be outside the
scope of the stated controversy or that could not be addressed by judicial action. A
hallmark of mediation is its capacity to expand traditional settlement discussions
and broaden resolution options, often by exploring litigant needs and interests that
may be formally independent of the legal issues in controversy.
(b) Mediation Proceduresis an expeditious and less costly form of dispute resolution
that provides litigants with creative solutions that are often unavailable in
traditional litigation.
(1) Eligible cases
Judges (b) Consideration of Alternative Dispute Resolution
Litigants in all civil cases are required to consider the use of an alternative dispute
resolution (“ADR”) such as mediation.
(c) Administration of the Mediation Program
(1) The ADR Administrator, appointed by the Clerk of the Court, will administer
the Court’s Mediation Program. The Chief Judge will appoint one or more
district or magistrate judges to oversee the Mediation Program.
(2) The Mediation Program is governed by the “Procedures of the Mediation
Program for the Eastern District of New York” (“Mediation Procedures”).
Mediation Procedures provides specific information on the mediation
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process, mediator qualifications, reporting, and related topics. Mediation
Procedures can be found on the Court’s website.
(d) Referrals to the Mediation Program
(1) All civil cases are eligible for mediation. District and magistrate judges
may designate civil cases for inclusion in the mediation program, and when
doing so shall prepareMediation Program by issuing an order to that effect.
Alternatively, and subject to the availability of qualified mediators, the parties
may consent to participation in the mediation program by preparing and
executing a stipulation signed by all parties to the action and so-ordered by
the court.
(2) Mediation deadline
Any court order designating a case for inclusion in the mediation program,
however arrived at, may contain a deadline not to exceed six months from the
date of entry on the docket of that order. This deadline may be extended
upon motion to the court for good cause shown.
(3) Mediators
Parties whose case has been designated for inclusion in the mediation
program shall be offered the options of (a) using a mediator from the court’s
panel, a listing of which is available in the clerk’s office; (b) selecting a
mediator on their own; or (c) seeking the assistance of a reputable neutral
ADR organization in the selection of a mediator.
(A) Court’s panel of mediators
When the parties opt to use a mediator from the court’s panel, the clerk’s
office will appoint a mediator to handle the case who (i) has been for at
least five years a member of the bar of a state or the District of Columbia;
(ii) is admitted to practice before this court; and (iii) has completed the
court’s requirements for mediator training and mediator expertise. If
any party so requests, the appointed mediator also must have expertise
in the area of law in the case. The clerk’s office will provide notice of
their appointment to all counsel.
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(B) Disqualification
Any party may submit a written request to the clerk’s office within 14
days from the date of the notification of the mediator for the
disqualification of the mediator for bias or prejudice as provided in 28
U.S.C. § 144. A denial of that request by the clerk’s office is subject to
review by the assigned judge upon motion filed within 14 days of the
date of the clerk’s office’s denial.
(4) Scheduling the mediation
The mediator, however chosen, will contact all attorneys to fix the date and
place of the first mediation session, which must be held within 30 days of the
date the mediator was appointed or at any other time that the court may
establish.
The clerk’s office will provide counsel with copies of the judge’s order referring
the case to the mediation program, the clerk’s office’s notice of appointment
of mediator (if applicable), and a copy of the program procedures.mediation.
(5) Written mediation statements
No less than 14 days before the first mediation session, each party must
submit directly to the mediator a mediation statement not to exceed 10 pages
double-spaced, not including exhibits, outlining the key facts and legal issues
in the case. The statement will also include a description of motions filed and
their status, and any other information that will advance settlement prospects
or make the mediation more productive. Mediation statements are not briefs
and are not filed with the court, nor may the assigned district judge or
magistrate judge have access to them.
(6) Mediation session(s)
The mediator meets initially with all parties to the dispute and their counsel
in a joint session. The mediator may hold mediation sessions in his/her office,
or at the court, or at any other place that the parties and the mediator shall
agree. At this meeting, the mediator explains the mediation process and gives
each party an opportunity to explain his or her views about the matters in
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dispute. There is then likely to be discussion and questioning among the
parties as well as between the mediator and the parties.
(A) Separate caucuses.
At the conclusion of the joint session, the mediator will typically caucus
individually with each party. Caucuses permit the mediator and the
parties to explore more fully the needs and interests underlying the
stated positions. In caucuses the mediator strives to facilitate settlement
on matters in dispute and the possibilities for settlement. In some cases
the mediator may offer specific suggestions for settlement; in other cases
the mediator may help the parties generate creative settlement
proposals.
(B) Additional sessions
The mediator may conduct additional joint sessions to promote further
direct discussion between the parties, or she/he may continue to work
with the parties in private caucuses.
(C) Conclusion
The mediation concludes when the parties reach a mutually acceptable
resolution, when the parties fail to reach an agreement, on the date the
district judge or magistrate judge specified as the mediation deadline in
their designation order, or in the event no such date has been specified
by the court, at any other time that the parties and/or the mediator may
determine. The mediator has no power to impose settlement and the
mediation process is confidential, whether or not a settlement is reached.
(7) Settlement
If settlement is reached, in whole or in part, the agreement, which will be
binding on all parties, will be put into writing and counsel will file a
stipulation of dismissal or such other document as may be appropriate. If the
case does not settle, the mediator will immediately notify the clerk’s office,
and the case or the part of the case that has not settled will continue in the
litigation process.
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(c) Attendance at Mediation Sessions
(1) In all civil cases designated by the court for inclusion in the mediation
program, attendance at one mediation session will be mandatory; thereafter,
attendance will be voluntary. The court requires of each party that the
attorney who has primary responsibility for handling the trial of the matter
attend the mediation sessions.
(2) In addition, the court may require, and if it does not, the mediator may
require the attendance at the mediation session of a party or its representative
in the case of a business or governmental entity or a minor, with authority to
settle the matter and to bind the party. This requirement reflects the court’s
view that the principal values of mediation include affording litigants with an
opportunity to articulate their positions and interests directly to the other
parties and to a mediator and to hear, first hand, the other party’s version of
the matters in dispute. Mediation also enables parties to search directly with
the other party for mutually agreeable solutions.
(d) Confidentiality
(1) The parties will be asked to sign an agreement of confidentiality at the
beginning of the first mediation session to the following effect:
(A) Unless the parties otherwise agree, all written and oral communications
made by the parties and the mediator in connection with or during any
mediation session are confidential and cannot be disclosed or used for
any purpose unrelated to the mediation.
(B) The mediator must not be called by any party as a witness in any court
proceeding related to the subject matter of the mediation unless related
to the alleged misconduct of the mediator.
(2) Mediators will maintain the confidentiality of all information provided to, or
discussed with, them. The clerk of the court and the ADR Administrator are
responsible for program administration, evaluation, and liaison between the
mediators and the court and will maintain strict confidentiality.
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(3) No papers generated by the mediation process will be included in court files,
nor may the district judge or magistrate judge assigned to the case have
access to them. Information about what transpires during mediation sessions
will not at any time be made known to the court, except to the extent required
to resolve issues of noncompliance with the mediation procedures.
Communications made in connection with or during a mediation may be
disclosed if all parties and, if appropriate as determined by the mediator, the
mediator so agree. Nothing in this section may be construed to prohibit
parties from entering into written agreements resolving some or all of the
case or entering and filing with the court procedural or factual stipulations
based on suggestions or agreements made in connection with a mediation.
(e) Oath and Disqualification of Mediator
(1) Each individual certified as a mediator must take the oath or affirmation
prescribed by 28 U.S.C. § 453 before serving as a mediator.
(2) No mediator may serve in any matter in violation of the standards set forth in
28 U.S.C. § 455. If a mediator is concerned that a circumstance covered by
subparagraph (a) of that section might exist, e.g., if the mediator’s law firm
has represented one or more of the parties, or if one of the lawyers who
would appear before the mediator at the mediation session is involved in a
case on which an attorney in the mediator’s firm is working, the mediator
shall promptly disclose that circumstance to all counsel in writing. A party
who believes that the assigned mediator has a conflict of interest must bring
this concern to the attention of the clerk’s office in writing, within 14 days of
learning the source of the potential conflict, or the objection to the potential
conflict will be deemed to have been waived. Any objections that cannot be
resolved by the parties in consultation with the clerk’s office must be referred
to the district judge or magistrate judge who has designated the case for
inclusion in the mediation program.
(3) A party who believes that the assigned mediator has engaged in misconduct
in that capacity must bring this concern to the attention of the clerk’s office in
writing, within 14 days of learning of the alleged misconduct, or the objection
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to the alleged misconduct will be deemed to have been waived. Any
objections that cannot be resolved by the parties in consultation with the
clerk’s office must be referred to the district judge or magistrate judge who
has designated the case for inclusion in the mediation program.
(f) Services of the(2) Parties may request a referral to the Mediation
Program and the referral becomes effective when so ordered by the Court.
(3) The Board of Judges may, by Administrative Order, direct that specified
categories of cases will automatically be referred to mediation. The assigned
judge may issue a written order exempting a particular case from mediation
with or without the request of the parties.
(e) Mediators
(1) Parties referred to mediation may use a mediator from the Court’s panel
(“Panel Mediator”) or select a private (non-panel) mediator.
(2) The Court maintains a list of qualified mediators with extensive subject
matter expertise. A list of Panel Mediators is available on the Court’s
website.
(3) Panel Mediators
(1) Participation by mediators in the program is on a voluntary basis. Each
mediator will receive a fee of $600.00 for the first four hours or less of the
actual mediation. Time spent preparing for the mediation will not be are
compensated. Thereafter, the mediator will be compensated at the at a rate
of $250.00 per hour. The mediator’s fee must be paidset by the parties
toBoard of Judges and posted on the mediationCourt’s website. Any party
that is unable or unwilling to pay the fee may apply to the referring judge for
a waiver of the fee, with a right of appeal to the district judge in the event the
referral was made by a magistrate judge. Each member of the panel will be
required to mediate a maximum of two cases pro bono each year, if requested
by the court. Attorneys serving on the court’s panel will be given credit for
pro bono work..
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(2) Appointment to the court’s panel is for a three-year term, subject to renewal.
A panelist will not be expected to serve on more than two cases during any
12-month period and will not be required to accept each assignment offered.
Repeated rejection of assignments will result in the attorney being dropped
from the panel.
(g(f) Attendance at Mediation Sessions
A party and/or representative (other than outside counsel) familiar with the matter
possessing full settlement authority and the attorney responsible for handing the
matter must attend the mediation session unless the mediator approves otherwise.
(g) Confidentiality
(1) The mediation shall be considered a settlement negotiation for the purpose of
all federal and state rules protecting disclosures from later discovery or use in
evidence.
(2) The parties may not call the mediator as a witness or deponent nor compel
the mediator to produce documents received or prepared for the mediation.
(3) No record/recording of the mediation shall be made (except to memorialize a
settlement).
(h) Immunity of the Mediators
. Panel Mediators are immune from liability or suit with respect to their conduct as such
mediatorsin Court referred mediations to the maximum extent permitted by
applicable law.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 83.9. Alternative Dispute Resolution (Southern District Only)
[formerly Local Civil Rule 83.12]
(a) Alternative Dispute Resolution Options
The United States District Court for the Southern District of New York provides
litigants with opportunities to discuss settlement through judicial settlement
conferences and mediation.
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(b) Definition of Mediation
In mediation, parties and counsel meet, sometimes collectively and sometimes
individually, with a neutral third party (the mediator) who has been trained to
facilitate confidential settlement discussions. The parties articulate their respective
positions and interests and generate options for a mutually agreeable resolution to
the dispute. The mediator assists the parties in reaching their own negotiated
settlement by defining the issues, probing and assessing the strengths and
weaknesses of each party’s legal positions, and identifying areas of agreement and
disagreement. The main benefits of mediation are that it can result in an
expeditious and less costly resolution of the litigation, and it can produce creative
solutions to complex disputes often unavailable in traditional litigation.
Supporting documents can be found at
https://nysd.uscourts.gov/programs/mediation-
adr.https://nysd.uscourts.gov/programs/mediation-adr.
(c) Administration of the Mediation Program
(1) The Mediation Supervisor, appointed by the clerk of court, will administer
the court’s mediation program. The chief judge will appoint one or more
district judges or magistrate judges to oversee the program., including the
adjudication of allegations that a party or a party’s attorney has failed to
comply with the procedures of the Mediation Program.
(2) The Mediation Supervisor, in consultation with other court personnel, will
ensure that information about the court’s mediation program is available on
the court’s website and will be updated as needed.
(3) The mediation program will be governed by the “Procedures of the
Mediation Program for the Southern District of New York,” which sets forth
specific and more detailed information regarding the mediation program,
and which is available on the court’s official website
(https://nysd.uscourts.gov)(https://nysd.uscourts.gov) or from the Mediation
Office.
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(4) The scheduling of mediation will not interfere with any scheduling order of
the court.
(d) Consideration of Alternative Dispute Resolution
In all civil cases, including those eligible for mediation under paragraph (e), each
party must consider the use of mediation or a judicial settlement conference and
must report to the assigned judge at the initial Rule 16(b) case management
conference, or subsequently, whether the party believes mediation or a judicial
settlement conference may facilitate the resolution of the lawsuit. Judges are
encouraged to note the availability of the mediation program and/or a judicial
settlement conference before, at, or after the initial Rule 16(b) case management
conference.
(e) Mediation Program Eligibility
(1) All civil cases other than social security, habeas corpus, and tax cases are
eligible for mediation, whether assigned to Manhattan or White Plains.
(2) The Board of Judges may, by Administrative Order, direct that certain
specified categories of cases will automatically be submitted to the mediation
program. The assigned district judge or magistrate judge may issue a written
order exempting a particular case with or without the request of the parties.
(3) For all other cases, the assigned district judge or magistrate judge may
determine that a case is appropriate for mediation and may order that case to
mediation, with or without the consent of the parties, before, at, or after the
initial Rule 16(b) case management conference. Alternatively, the parties
should notify the assigned judge at any time of their desire to mediate.
(f) Judicial Settlement Conferences
Judicial settlement conferences may be ordered by district judges or magistrate
judges with or without the request or consent of the parties.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Civil Rule 83.10. Plan for Certain § 1983 Cases Against the City of New
YorkPolice Department Employees (Southern District Only)
Unless ordered otherwise, in any civil casescase filed by a represented plaintiff against
the City of New York (“City”) and/or the New York City Police Department (“NYPD”)
or its employees alleging the use of excessive force, false arrest, or malicious
prosecution by employees of the NYPDan employee of a police department in violation
of 42 U.S.C. § 1983, the procedures set forth below will apply, butexcept that the
procedures and Protective Order identified in paragraphs 3(c) through 12(l) will not
apply to class actions, actions brought by six or more plaintiffs, complaints requesting
systemic equitable reform, or actions requesting immediate injunctive relief.
(a) Service of Releases with Complaint
(1) At the same time that plaintiff serves the complaint, plaintiff must serve on
the City thedefendant:
(i) a release annexed as Exhibit A (“§ 160.50 Release”) for sealed arrest
records for the arrest that is the subject of the complaint, and for a list of
all prior arrests. A separate release is required for each municipality
identified in the complaint. In the case of class actions, plaintiff must
serve § 160.50 Releasessuch releases for the named putative class
representatives.; and
(2) Ifii) if plaintiff seeks compensation for any physical or mental injury
caused by the conduct alleged in the complaint other than “garden
variety” emotional distress, plaintiff must serve on the City the a
medical release annexed as Exhibit B (“Medical Release”) for all medical
and psychological treatment records for those injuries at the same time
that plaintiff serves the § 160.50 Release.. Where plaintiff has a pre-
existingpreexisting physical or mental condition that reasonably appears
to be related to the injury for which compensation is sought, plaintiff
must at that same time serve Medical Releasesmedical releases on the
Citydefendant for all records of treatment for the pre-existingpreexisting
condition(s). FailurePlaintiff should expect that a failure to so serve the
above-described Medical Releaseapplicable medical release(s) will
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constitute a waiver of plaintiff’s claims for compensation for that
physical or mental injury.
(b) Failure to Serve § 160.50 ReleaseReleases
If no § 160.50 Release is servedplaintiff fails to serve a release in accordance with
paragraph (a)(1)(i) on the Citydefendant with the complaint, the City
willdefendant must promptly send a letter to plaintiff's counsel requesting the §
160.50 Releaserelease and attaching a copy of Local Civilthis Rule 83.10..
(c) Time to Answer
If the § 160.50 Releaserelease required by paragraph (a)(1)(i) is served on the
Citydefendant at the time the complaint is first served on a defendant, that,
defendant will have 80 days from the date of such service to answer the complaint.
Any subsequently served defendant will have the greater of (i) 60 days, or (ii) the
date by which the first-served defendant must answer, to answer the complaint. If
the § 160.50 Releasesuch release is served on the Citya defendant after the
complaint is first served on a defendant, each defendant will have the greater of (i)
60 days from the date the § 160.50 Releaserelease is served on the City, or (ii) 60
days after that defendant is served, to answer the complaint. If any defendant
moves to dismiss the entire complaint rather than filing an answer, the deadlines
in this rule will be stayed unless the court orders otherwise.
(d) Rule 26(f) Conference, Initial Disclosures, and Applying for Exemption from the
Rule
(1) Within 14 days after the first defendant files itsan answer, the parties must
confer in accordance with Fed. R. Civ. P. 26(f). The parties must also discuss
whether to request that the court (i) refer the case for settlement purposes to a
magistrate judge; or (ii) exempt the case from Local Civil Rule 83.10. Any
such application by a party must be submitted to the presiding judge no later
than 21 days after the first defendant files its answer. Absent any such
application from a party, the case will automatically proceed under the rule
and will automatically be referred to a mediator selected from the Southern
District Mediation Panel. an answer.
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(2) Within 21 days after the first defendant files itsan answer, the parties must
exchange their initial disclosures.
(e) Limited Discovery
Within 28 days after the first defendant files itsan answer, the parties must
complete production of the following discovery. All other discovery will be stayed.
Unless ordered otherwise, the discovery stay will expire at the conclusion of the
mediation or settlement conference.
(1) The CityDefendant must serve on plaintiff:
(A) Subject to any applicable privileges, any of the following items on the
list attached as Exhibit C, if available, that were not part of the
City’sdefendant’s initial disclosures;:
(i) Complaint reports;
(ii) Use of Force reports;
(iii) Defendant officer’s notes, memobook entries, or daily activity
reports;
(iv) 911 reports, including any recordings;
(v) Radio run reports (audio and written);
(vi) Any video or photographs of the incident;
(vii) Injury reports;
(viii) Property vouchers;
(ix) Evidence vouchers;
(x) Arrest reports;
(xi) Mugshots;
(xii) Reports of medical treatment for plaintiff while in custody;
(xiii) Desk Appearance Tickets (for arrests after January 2009) or other
tickets;
(xiv) Summonses; and
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(xv) Handwritten Online Booking System forms.
(B) Any documents received from the District Attorney’sa district attorney’s
office; and documents obtained from the or a court file.regarding the
incident that forms the basis of the complaint.
(BC) Any CCRB records and the IAB closing reportor reports by an oversight
agency or from an internal investigation regarding the incident that
forms the basis of the complaint. If the incident or the conduct of
defendants involved in the incident is the subject of an ongoing CCRB
investigation, NYPD by an oversight agency, internal police department
investigation or disciplinary proceeding, criminal investigation, or
outstanding indictment or information, discovery under this paragraph
shall be suspended, and the Citydefendant will produce the
investigative records 30 days after the investigation or proceeding has
been terminated (whether by completion of the investigation without
charges being brought or by disposition of the charges). This suspension
will not apply to documents related to any investigation or proceeding
that has concluded.
(CD) For each defendant, the CCRB and CPI indicesany records of complaints
or incidents that are similar to the incident alleged in the complaint or
that raise questions about the defendant’s credibility. If the complaint
alleges that a defendant officer used excessive force, the Citydefendant
will state whether that defendant officer has been or is on NYPD
“subject to any corrective action related to use of force monitoring.”.
(D) E) For each officer named as a defendant, a list identifying all prior
section 1983 lawsuits filed against and served on the defendant.
(EF) Any records obtained by defendant as a result of the City from the
Medical Releases.medical releases served in accordance with paragraph
(a)(1)(ii). Medical records received after this date must be produced to
plaintiff within seven days of receipt.
(G) Transcripts or other information generated pursuant to hearings under
N.Y. General Municipal Law § 50-h.
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(2) Plaintiff must serve on the City:defendant:
(A) Any documents identified in Exhibit C, documents received from the
District Attorney’s office,paragraphs (e)(1)(A) and documents obtained
from the court file.(B).
(B) Any medical records for which plaintiff has served a Medical Release on
the City.on defendant a medical release in accordance with paragraph
(a)(1)(ii).
(C) Any video and photographs of the incident.
(f) Amended Pleadings
The complaint may be amended to name additional defendants without leave of
the presiding judge within six weeks after the first defendant files itsan answer.
The filing of the amended complaint will not affect any of the duties imposed by
Local Civil Rule 83.10.
(g) Settlement Demand and Offer
Within six weeks after the first defendant files itsan answer, plaintiff must serve a
written settlement demand on the City. The City. Defendant must respond in
writing to plaintiff’s demand within 14 days thereafter. The parties must thereafter
engage in settlement negotiations.
(h) Mediation or Settlement Conference
UnlessLetter to the presiding judge has referred the case to a magistrate judge to
conduct a settlement conference, within 14 days after the first defendant files its
answer, the Mediation Office will assign a mediator. The mediator must promptly
confer with counsel for the parties to schedule a mediation session to occur no
later than 14Presiding Judge
Within 10 weeks after the first defendant files itsan answer. The mediator, the
parties must inform the Mediation Office no later than 60 days afterfile a letter
with an update on the first defendant files its answerstatus of the schedule forcase,
including the mediation session. following information:
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(1) Unless the presiding judge has already scheduled or held an initial pretrial
conference, at least three dates on which the parties have filed a Stipulation of
Dismissal with the clerk of court,would be available for an initial pretrial
conference; and
(2) Unless the presiding judge has referred the case to the Mediation Program or
to a magistrate judge for settlement purposes, whether the parties must
appear at the mediation session or at a settlement conference before a
magistrate judge. The plaintiffbelieve that they would benefit from such a
referral.
(i) Mediation or Settlement Conference
Plaintiff must attend theany mediation or settlement conference. The
City’sDefendant’s representative at any mediation or settlement conference must
have full authority to settle the case; if the Citydefendant requires additional
approvals in order to settle, the Citydefendant must have arranged for telephone
access to those persons during the mediation or settlement conference. If any
defendant is insured, a fully authorized representative of that defendant’s
insurance company must attend any mediation or settlement conference if the
decision to settle or the amount of settlement must be approved by the insurance
company.
(ij) Failure to Timely Comply with the Requirements of this Rule
If any party fails to comply with any requirement under this rule, the other party
must promptly write to the presiding judge indicating the nature of the failure and
requesting relief.
(j) Request for Initial Pre-Trial Conference
Unless the presiding judge has already scheduled or held an initial pre-trial
conference, if the mediation or settlement conference is unsuccessful, the parties
must promptly request that the presiding judge schedule an initial pre-trial
conference.
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(k) Protective Order
The Protective Order attached as Exhibit Dfound on the court’s website will be
deemed to have been issued in all cases governed by this rule.
(l) Preservation
Local Civil Rule 83.10 does not relieve any party of its obligation to preserve
documents and to issue preservation instructions.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Civil Rule 87.1. Civil Rules Emergency
If a Civil Rules Emergency is declared by the Judicial Conference under Fed. R. Civ. P.
87, then the chief judge of the district may issue any order directed toward that
emergency that is not inconsistent with that rule. Any order issued by the chief judge
under this local rule must terminate upon termination of the Civil Rules Emergency.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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LOCAL SOCIAL SECURITY RULES
Local Social Security Rule 1.1. Application of Rules
These Local Social Security Rules are promulgated under 28 U.S.C. § 2071 and Fed. R.
Civ. P. 83. They apply in all actions governed by the Supplemental Rules for Social
Security Actions. These Local Social Security Rules take effect on January 1, 2025, and
govern actions filed on or after that date.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Social Security Rule 4.1. Motions for Extensions of Time and Scheduling
Orders
Any party seeking an extension of the deadlines set forth in Supplemental Social
Security Rules 4, 6, 7, or 8 must, prior to seeking the extension, attempt to meet and
confer with the opposing party in a good faith effort to agree on a reasonable and
comprehensive schedule for all future filings in the case. If the parties reach agreement,
a joint motion containing the proposed schedule should be filed with the court for
approval, and, if approved, will govern all remaining proceedings in the case. No
further extensions will be granted absent compelling circumstances. If the parties are
unable to reach agreement and file a joint motion, the party seeking the extension must
include in its motion a description of the efforts made to reach agreement on a proposed
schedule and the reasons why those efforts were unsuccessful.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Social Security Rule 5.1. Default Form and Length for Briefs
The typeface, margins, and spacing of all briefs must comply with Local Civil Rule
7.1(b). Absent leave of Court, which must be requested at least seven days in advance,
the following length limitations apply to the parties’ briefs: if filed by an attorney or
prepared with a computer, initial and opposition briefs may not exceed 8,750 words,
and a plaintiff’s reply brief may not exceed 3,500 words; if filed by a party who is not
represented by an attorney and handwritten or prepared with a typewriter, initial and
opposition briefs may not exceed 25 pages, and a plaintiff’s reply brief may not exceed
10 pages. These limits do not include the caption, any index, table of contents, table of
authorities, signature blocks, or any required certificates, but do include material
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contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a
computer, the party must also provide a certificate of compliance as required by Local
Civil Rule 7.1(c). To the extent the court permits a party to submit briefs longer than
these limits, and expresses those limits in pages, each additional page must not contain
more than 350 additional words if the brief is filed by an attorney or prepared with a
computer.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Social Security Rule 7.1. Obligations of Commissioner in Pro Se Cases
If a plaintiff appearing pro se fails to file a brief in support of the requested relief within
the time period set forth in Supplemental Social Security Rule 6 (or such extended time
period as the court may have granted), the Commissioner must nonetheless file a brief
and serve it on the plaintiff within 30 days after the plaintiff’s brief was due (or within
such extended time period as the court may have granted).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Social Security Rule 8.1. Opposition and Reply Briefs in Pro Se Cases
A plaintiff appearing pro se who fails to file an initial brief for the requested relief may
nonetheless file a brief in opposition to the brief filed by the Commissioner pursuant to
Local Social Security Rule 7.1. Such brief in opposition must be filed and served on the
Commissioner within 14 days after service of the Commissioner’s brief (or within such
extended time period granted by the court). In such a circumstance, neither party is
permitted to file a reply brief, absent leave of court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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LOCAL ADMIRALTY AND MARITIME RULES
Local Admiralty Rule A.1. Application of Rules
(a) These Local Admiralty and Maritime Rules apply to the procedure in the claims
and proceedings governed by the Supplemental Rules for Certain Admiralty and
Maritime Claims of the Federal Rules of Civil Procedure.
(b) The Local Civil Rules also apply to the procedure in these claims and proceedings,
except to the extent that they are inconsistent with the Supplemental Rules or with
these Local Admiralty and Maritime Rules.
[Source: Former Local Admiralty Rule 1 and Supplemental Rule 1]
Local Admiralty Rule B.1. Affidavit That Defendant Is Not Found Within the
District
The affidavit required by Supplemental Rule B(1) to accompany the complaint and the
affidavit required by Supplemental Rule B(2)(c) must list the efforts made by and on
behalf of the plaintiff to find and serve the defendant within the district.
[Source: Maritime Law Association Model Rule (b)(1)]
Local Admiralty Rule B.2. Notice of Attachment
The plaintiff must give prompt notice to the defendant of an attachment after plaintiff is
advised of the attachment by the garnishee. Such Notice must be in writing and may be
given by fax, email, or other verifiable electronic means.
[Source: Former Local Admiralty Rule 10(b)]
Local Admiralty Rule C.1. Intangible Property
The summons issued under Supplemental Rule C(3)(c) must direct the person having
control of freight or proceeds of property sold or other intangible property to show
cause at least 14 days after service (unless the court, for good cause shown, shortens the
period) why the intangible property should not be delivered to the court to abide the
judgment. The person who is served may deliver or pay over to the marshal the
intangible property proceeded against to the extent sufficient to satisfy the plaintiff's
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claim. If that delivery or payment is made, the person served is excused from the duty
to show cause.
[Source: Former Local Admiralty Rule 2]
Local Admiralty Rule C.2. Publication of Notice of Action and Arrest; Sale
(a) The notice required by Supplemental Rule C(4) must be published at least once
and must contain
(1) the fact and date of the arrest,
(2) the caption of the case,
(3) the nature of the action,
(4) the amount demanded,
(5) the name of the marshal,
(6) the name, address, and telephone number of the attorney for the plaintiff,
and
(7) a statement that claimants must file their claims with the clerk of this court
within 14 days after notice or first publication (whichever is earlier) or within
such additional time as may be allowed by the court and must serve their
answers within 21 days after the filing of their claims. The notice must also
state that all interested persons should file claims and answers within the
times so fixed otherwise default will be noted and condemnation ordered.
(b) Except in the event of private sale in accordance with 28 U.S.C. §§ 2001 and 2004,
or unless ordered otherwise as provided by law, notice of sale of the property after
condemnation in suits in rem must be published daily for at least six days before
sale.
[Source: Former Local Admiralty Rule 3(a), (c)]
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Local Admiralty Rule C.3. Notice Required for Default Judgment in Action In Rem
(a) Notice Required in General. A party seeking a default judgment in an action in
rem must satisfy the court that due notice of the action and arrest of the property
has been given:
(1) By publication as required in Supplemental Rule C(4) and Local Admiralty
Rule C.2;
(2) By service on the master or other person having custody of the property; and
(3) By service under Fed. R. Civ. P. 5(b) on every other person who has not
appeared in the action and is known to have an interest in the property.
(b) Notice Required to Persons with Recorded Interests
(1) If the defendant property is a vessel documented under the laws of the
United States, plaintiff must attempt to notify all persons named in the
certificate of ownership issued by the United States Coast Guard, or other
designated agency of the United States, as holding an ownership interest in
or as holding a lien in or as having filed a notice of claim of lien with respect
to the vessel.
(2) If the defendant property is a vessel numbered as provided in 46 U.S.C.
§ 12301(a), plaintiff must attempt to notify the persons named in the records
of the issuing authority.
(3) If the defendant property is of such character that there exists a governmental
registry of recorded property interests or security interests in the property,
the plaintiff must attempt to notify all persons named in the records of each
such registry.
[Source: Maritime Law Association Model Rule (c)(3)]
Local Admiralty Rule D.1. Return Date in Possessory, Petitory, and Partition
Actions
In an action under Supplemental Rule D, the court may order that the claim and answer
be filed on a date earlier than 21 days after arrest, and may by order set a date for
expedited hearing of the action.
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[Source: Maritime Law Association Model Rule (d)(1)]
Local Admiralty Rule E.1. Adversary Hearing After Arrest, Attachment or
Garnishment
The adversary hearing after arrest, attachment, or garnishment that is called for in
Supplemental Rule E(4)(f) must be conducted by a judicial officer within seven days,
unless ordered otherwise.
[Source: Maritime Law Association Model Rule (e)(8)]
Local Admiralty Rule E.2. Intervenors’ Claims
(a) Presentation of Claim. When a vessel or other property has been arrested,
attached, or garnished, and is in the hands of the marshal or custodian substituted
therefor, anyone having a claim against the vessel or property is required to
present the claim by filing an intervening complaint, and not by filing an original
complaint, unless ordered otherwise by a judicial officer. Upon the satisfaction of
the requirements of Fed. R. Civ. P. 24, the clerk must promptly deliver a
conformed copy of the complaint to the marshal, who must deliver the copy to the
vessel or custodian of the property. Intervenors will thereafter be subject to the
rights and obligations of parties, and the vessel or property will stand arrested,
attached, or garnished by the intervenor.
(b) Sharing Marshal’s Fees and Expenses. An intervenor has a responsibility to the
first plaintiff, enforceable on motion, consisting of the intervenor's share of the
marshal’s fees and expenses in the proportion that the intervenor's claim bears to
the sum of all the claims. If a party plaintiff permits vacation of an arrest,
attachment, or garnishment, remaining plaintiffs share the responsibility to the
marshal for the fees and expenses in proportion to the remaining claims and for
the duration of the marshal’s custody because of each claim.
[Source: Maritime Law Association Model Rule (e)(11)]
Local Admiralty Rule E.3. Claims by Suppliers for Payment of Charges
A person who furnishes supplies or services to a vessel, cargo, or other property in
custody of the court who has not been paid and claims the right to payment as an
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expense of administration must submit an invoice to the clerk in the form of a verified
claim at any time before the vessel, cargo, or other property is released or sold. The
supplier must serve copies of the claim on the marshal, substitute custodian if one has
been appointed, and all parties of record. The court may consider the claims
individually or schedule a single hearing for all claims.
[Source: Maritime Law Association Model Rule (e)(12)(d)]
Local Admiralty Rule E.4. Preservation of Property
Whenever property is attached or arrested under the provisions of Supplemental
Rule E(4)(b) that permit the marshal or other person having the warrant to execute the
process without taking actual possession of the property, and the owner or occupant of
the property is thereby permitted to remain in possession, the court, on motion of any
party or on its own motion, may enter any order necessary to preserve the value of the
property, its contents, and any income derived therefrom, and to prevent the
destruction, removal or diminution in value of the property, contents and income.
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LOCAL CRIMINAL RULES
Local Criminal Rule 1.1. Application of Rules
(a) These Local Criminal Rules apply in all criminal proceedings.
(b) In addition to Local Civil Rules referenced elsewhere in these Local Criminal
Rules, the following Local Civil Rules also apply in criminal proceedings:
1.1. Application of Rules (except that the Local Criminal Rules are promulgated
under 28 U.S.C. § 2071 and Fed. R. Crim. P. 57 and apply in all criminal
actions and proceedings governed by the Federal Rules of Criminal
Procedure)
1.2. Night Depository
1.3. Admission to the Bar
1.4. Notice of Appearance; Withdrawal or Displacement of Attorney of Record
1.4.1 Student Practice
1.5. Discipline of Attorneys
1.6 Duty of Attorneys in Related Cases
1.7. Fees of Court Clerks and Reporters
1.8. Electronic Equipment and Recording, Broadcasting, and Streaming of Court
Matters
1.9. Acceptable Substitutes for Affidavits
5.2. Requirements for Electronic Filing and Service; Duty to Review Underlying
Orders
5.3. Service by Overnight Delivery
6.2. Orders on Motions
39.1. Custody of Trial and Hearing Exhibits
58.1. Remand by an Appellate Court
67.1. Order for Deposit in Interest-Bearing Account
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72.1 Powers of Magistrate Judges
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 1.2. Notice of Appearance
Attorneys representing defendants in criminal cases must file a notice of appearance.
Once a notice of appearance has been filed, the attorney cannot withdraw except upon
prior order of the court under Local Civil Rule 1.4.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 12.4. Disclosure Statement
For purposes of Fed. R. Crim. P. 12.4(b)(2), “promptly” means “within 14 days”; that is,
parties are required to file supplemental disclosure statement within 14 days of the time
there is any change in the information required in a disclosure statement filed under
those rules.
Local Criminal Rule 16.1. Good Faith Requirement for Discovery Motions
No motion addressed to a bill of particulars or any discovery matter may be heard
unless counsel for the moving party files in, or simultaneously with, the moving papers
an affidavit certifying that counsel has conferred with counsel for the opposing party in
an effort in good faith to resolve by agreement the issues raised by the motion without
the intervention of the court and has been unable to reach agreement. If some of the
issues raised by the motion have been resolved by agreement, the affidavit must specify
the issues remaining unresolved.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 16.2. Timeline for Expert Discovery
Unless otherwise ordered by the court, the government must make any disclosures
required by Fed. R. of Crim. P. 16(a)(1)(G) at least 60 days prior to trial, and the defense
must make any such disclosures at least 30 days prior to trial.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Criminal Rule 23.1. Free Press — Fair Trial Directives
(a) It is the duty of the lawyer or law firm, and of non-lawyer personnel employed by
a lawyer’s office or subject to a lawyer’s supervision, private investigators acting
under the supervision of a criminal defense lawyer, and government agents and
police officers not to release or authorize the release of non-publicnonpublic
information or opinion that a reasonable person would expect to be disseminated
by means of public communication, in connection with pending or imminent
criminal litigation with which they are associated, if there is a substantial
likelihood that the dissemination will interfere with a fair trial or otherwise
prejudice the due administration of justice.
(b) With respect to a grand jury or other pending investigation of any criminal matter,
a lawyer participating in or associated with the investigation (including
government lawyers and lawyers for targets, subjects, and witnesses in the
investigation) shall refrain from making any extrajudicial statement that a
reasonable person would expect to be disseminated by means of public
communication that goes beyond the public record or that is not necessary to
inform the public that the investigation is underway, to describe the general scope
of the investigation, to obtain assistance in the apprehension of a suspect, to warn
the public of any dangers, or otherwise to aid in the investigation, if there is a
substantial likelihood that the dissemination will interfere with a fair trial or
otherwise prejudice the administration of justice.
(c) During a jury trial of any criminal matter, including the period of selection of the
jury, no lawyer or law firm associated with the prosecution or defense shall give or
authorize any extrajudicial statement or interview relating to the trial, the parties,
or issues in the trial that a reasonable person would expect to be disseminated by
means of public communication if there is a substantial likelihood that the
dissemination will interfere with a fair trial; but the lawyer or the law firm may
quote from or refer without comment to public records of the court in the case.
(d) Statements concerning the following subject matters presumptively involve a
substantial likelihood that their public dissemination will interfere with a fair trial
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or otherwise prejudice the due administration of justice within the meaning of this
rule:
(1) The prior criminal record (including arrests, indictments, or other charges of
crime), or the character or reputation of the accused, except that the lawyer or
law firm may make a factual statement of the accused’s name, age, residence,
occupation, and family status; and if the accused has not been apprehended,
a lawyer associated with the prosecution may release any information
necessary to aid in the accused’s apprehension or to warn the public of any
dangers the accused may present;
(2) The existence or contents of any confession, admission, or statement given by
the accused, or the refusal or failure of the accused to make any statement;
(3) The performance of any examinations or tests or the accused’s refusal or
failure to submit to an examination or test;
(4) The identity, testimony, or credibility of prospective witnesses, except that
the lawyer or law firm may announce the identity of the victim if the
announcement is not otherwise prohibited by law;
(5) The possibility of a plea of guilty to the offense charged or a lesser offense;
(6) Information the lawyer or law firm knows is likely to be inadmissible at trial
and would if disclosed create a substantial likelihood of prejudicing an
impartial trial; and
(7) Any opinion as to the accused’s guilt or innocence or as to the merits of the
case or the evidence in the case.
(e) Statements concerning the following subject matters presumptively do not involve
a substantial likelihood that their public dissemination will interfere with a fair
trial or otherwise prejudice the due administration of justice within the meaning of
this rule:
(1) An announcement, at the time of arrest, of the fact and circumstances of
arrest (including time and place of arrest, resistance, pursuit, and use of
weapons), the identity of the investigating and arresting officer or agency and
the length of investigation;
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(2) An announcement, at the time of seizure, stating whether any items of
physical evidence were seized and, if so, a description of the items seized (but
not including any confession, admission, or statement);
(3) The nature, substance, or text of the charge, including a brief description of
the offense charged;
(4) Quoting or referring without comment to public records of the court in the
case;
(5) An announcement of the scheduling or result of any stage in the judicial
process, or an announcement that a matter is no longer under investigation;
(6) A request for assistance in obtaining evidence; and
(7) An announcement, without further comment, that the accused denies the
charges, and a brief description of the nature of the defense.
(f) Nothing in this rule is intended to preclude the formulation or application of more
restrictive rules relating to the release of information about juvenile or other
offenders, to preclude the holding of hearings or the lawful issuance of reports by
legislative, administrative, or investigative bodies, or to preclude any lawyer from
replying to charges of misconduct that are publicly made against that lawyer.
(g) All court supporting personnel, including, among others, marshals, deputy
marshals, court clerks, bailiffs, court reporters, and employees or sub-contractors
retained by the court-appointed official reporters, are prohibited from disclosing to
any person, without authorization by the court, information relating to a pending
grand jury proceeding or criminal case that is not part of the public records of the
court. The divulgence by such court supporting personnel of information
concerning grand jury proceedings, in camera arguments, or hearings held in
chambers or otherwise outside the presence of the public is also forbidden.
(h) The court, on motion of either party or on its own motion, may issue a special
order governing matters such as extrajudicial statements by parties and witnesses
likely to interfere with the rights of the accused to a fair trial by an impartial jury,
the seating and conduct in the courtroom of spectators and news media
representatives, the management and sequestration of jurors and witnesses, and
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any other matters that the court may deem appropriate. In determining whether to
impose such a special order, the court must consider whether the order will be
necessary to ensure an impartial jury and must find that other, less extreme
available remedies, singly or collectively, are not feasible or would not effectively
mitigate the pretrial publicity and bring about a fair trial. Among the alternative
remedies to be considered are: change of venue, postponing the trial, a searching
voir dire, emphatic jury instructions, and sequestration of jurors.
(i) Any lawyer who violates the terms of this rule may be disciplined under Local
Civil Rule 1.5.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 34.1. Post-Trial Motions
Post-trial motions in criminal cases, including motions for correction or reduction of
sentence under Fed. R. Crim. P. 35, or to suspend execution of sentence, or in arrest of
judgment under Fed. R. Crim. P. 34, must be referred to the trial judge. If the trial judge
served by designation and assignment under 28 U.S.C. §§ 291-296, and is absent from
the district, these motions may be referred to that judge for consideration and
disposition.
Local Criminal Rule 45.1. Computation of Time [Withdrawn]
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 47.1. Applications for Ex Parte Orders
Any application for an ex parte order must state whether a previous application for
similar relief has been made and, if so, must state (a) the nature of the previous
application, (b) the judicial officer to whom the application was presented, and (c) the
disposition of the application.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Criminal Rule 49.1. Motion Deadlines and Reconsideration Motions
(a) Deadlines. Unless otherwise provided by statute or rule, or unless ordered
otherwise by the court in a judge’s individual practices or in a direction in a
particular case, the following dates will govern deadlines for motions filed in a
criminal case:
(1) Any opposing papers must be filed within 14 days after service of the motion
papers.
(2) Any reply papers must be filed within seven days after service of the
opposing papers.
(b) Motions for Reconsideration. A motion for reconsideration of a court order
determining a motion must be filed within 14 days after the court’s determination
of the original motion. A memorandum, no longer than 10 pages in length, setting
forth concisely the matters or controlling decisions that counsel believes the court
has overlooked must accompany the motion. Answering and reply memoranda, if
any, must be no longer than 10 and five pages in length, respectively.
(c) Service. Service of motion papers under this rule must be accomplished consistent
with Fed. R. Crim. P. 49.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 49.2. Pro Se Submissions by a Represented Defendant
(a) Unless otherwise ordered by the court, a defendant represented by counsel in a
pending criminal case or in a proceeding pursuant to 28 U.S.C. § 2255 may not file
or submit any pro se letter, motion, or brief. A criminal case is considered pending
if judgment has not yet been entered.
(b) Unless otherwise ordered by the court, if a represented defendant, acting pro se,
files or submits a letter, motion, or brief in violation of this rule, the court must:
(1) on notice to all parties, forward a copy of the document to the defendant’s
attorney of record and file the document under seal and ex parte; and
(2) not afford the document further consideration.
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(c) This rule does not apply to a motion to proceed pro se or a submission concerning
the adequacy of counsel’s representation.
(d) If a represented defendant, acting pro se, makes a submission that concerns both
the adequacy of counsel’s representation and other matters, the court may decline
to consider those portions of the submission that concern matters unrelated to the
adequacy of counsel’s representation and file such portions under seal and ex
parte.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 58.1. Petty Offenses — Collateral and Appearance
(a) A person who is charged with a petty offense as defined in 18 U.S.C. § 19, or with
violating any regulation promulgated by any department or agency of the United
States government, may, in lieu of appearance, post collateral in the amount
indicated in the summons or other accusatory instrument, waive appearance
before a United States magistrate judge, and consent to forfeiture of collateral.
(b) For all other petty offenses, the person charged must appear before a magistrate
judge.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
Local Criminal Rule 59.1. Powers of Magistrate Judges
In addition to other powers of magistrate judges:
(a) Magistrate judges are hereby specially designated to exercise the jurisdiction set
forth in 18 U.S.C. § 3401, Misdemeanors; application of probation laws.
(b) Magistrate judges are hereby authorized to exercise the jurisdiction set forth in 18
U.S.C. § 3184, Fugitives from foreign country to United States.
(c) Local Civil Rule 72.1, Powers of Magistrate Judges, also applies in criminal
proceedings.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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Local Criminal Rule 62.1. Criminal Rules Emergency
If a Criminal Rules Emergency is declared by the Judicial Conference under Fed. R.
Crim. P. 62, then the chief judge of the district may issue any order directed toward that
emergency that is not inconsistent with that rule. Any order issued by the chief judge
under this local rule must terminate upon termination of the Criminal Rules
Emergency.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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LOCAL PATENT RULES
Local Patent Rule 1. Application of Rules
(a) These Local Patent Rules apply to patent infringement, validity, and
unenforceability actions and proceedings. The court may modify the obligations or
deadlines set forth in these Local Patent Rules based on the circumstances of any
particular case, including, without limit, the simplicity or complexity of the case as
shown by the patents, claims, technology, products, or parties involved.
(b) The Local Civil Rules also apply to these actions and proceedings, except to the
extent they are inconsistent with these Local Patent Rules.
Local Patent Rule 2. Initial Scheduling Conference
When the parties confer under Fed. R. Civ. P. 26(f), in addition to the matters covered by
Fed. R. Civ. P. 26, the parties must discuss and address in the report filed under Fed. R.
Civ. P. 26(f):
(a) any proposed modification of the deadlines or proceedings set forth in these Local
Patent Rules;
(b) proposed format of and deadlines for claim construction filings and proceedings,
including a proposal for any expert discovery the parties propose to take in
connection therewith; and
(c) proposed format of and deadlines for service of infringement, invalidity and/or
unenforceability contentions, including any proposed deadlines for
supplementation thereof.
Local Patent Rule 3. Certification of Disclosures
All statements, disclosures, or charts filed or served in accordance with these Local
Patent Rules are deemed disclosures subject to Fed. R. Civ. P. 26(g).
Local Patent Rule 4. Admissibility of Disclosures
Statements, disclosures, or charts governed by these Local Patent Rules are admissible to
the extent permitted by the Federal Rules of Evidence or Civil Procedure. However, the
statements and disclosures provided for in Local Patent Rule 11 are not admissible for
any purpose other than in connection with motions seeking an extension or modification
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of the time periods within which actions contemplated by these Local Patent Rules must
be taken.
Local Patent Rule 5. Discovery Objections Based on Local Patent Rules
A party may object to a mandatory disclosure under Fed. R. Civ. P. 26(a) or to a
discovery request as conflicting with or premature under these Local Patent Rules only if
the mandatory disclosure or discovery request would require disclosure of information
of the kind dealt with by Local Patent Rules 6, 7, 8, 10, 11, and 12.
Local Patent Rule 6. Disclosure of Asserted Claims and Infringement Contentions
Unless otherwise specified by the court, no later than 45 days after the Initial Scheduling
Conference, a party claiming patent infringement must serve on all parties a “Disclosure
of Asserted Claims and Infringement Contentions,” which identifies for each opposing
party each claim of each patent-in-suit that is allegedly infringed and each product or
process of each opposing party of which the party claiming infringement is aware that
allegedly infringes each identified claim.
Local Patent Rule 7. Invalidity Contentions
Unless otherwise specified by the court, not later than 45 days after service of the
“Disclosure of Asserted Claims and Infringement Contentions,” each party opposing a
claim of patent infringement must serve on all parties its “Invalidity Contentions,” if
any. Invalidity Contentions must identify each item of prior art that the party contends
allegedly anticipates or renders obvious each asserted claim, and any other grounds of
invalidity, including any under 35 U.S.C. § 101 or § 112, or unenforceability of any of the
asserted claims.
Local Patent Rule 8. Disclosure Requirement in Patent Cases Initiated by
Declaratory Judgment
In all cases in which a party files a pleading seeking a declaratory judgment that a patent
is not infringed, is invalid, or is unenforceable, Local Patent Rule 6 will not apply with
respect to that patent unless and until a claim for patent infringement of the patent is
made by a party. If a party does not assert a claim for patent infringement in its answer
to the declaratory judgment pleading, unless otherwise specified in the court’s
Scheduling Order, the party seeking a declaratory judgment must serve on all parties its
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Invalidity Contentions with respect to the patent that conform to Local Patent Rule 7 not
later than 45 days after the Initial Scheduling Conference.
Local Patent Rule 9. Duty to Supplement Contentions
The duty to supplement in Fed. R. Civ. P. 26(e) applies to the Infringement Contentions
and the Invalidity Contentions required by Local Patent Rules 6 and 7.
Local Patent Rule 10. Opinion of Counsel
Not later than 30 days after entry of an order ruling on claim construction, each party
that will rely on an opinion of counsel as part of a defense to a claim of willful
infringement or inducement of infringement, or that a case is exceptional, must produce
or make available for inspection and copying the opinion(s) and any other documents
relating to the opinion(s) for which attorney-client or work product protection has been
waived as a result of the production.
Local Patent Rule 11. Joint Claim Terms Chart
By a date specified by the court, the parties must cooperate and jointly file a Joint
Disputed Claim Terms Chart listing the disputed claim terms and phrases, including
each party’s proposed construction, and cross-reference to each party's identification of
the related paragraph(s) of the invalidity and/or infringement contention(s) disclosures
under Local Patent Rules 6 and 7.
Local Patent Rule 12. Claim Construction Briefing
Unless otherwise specified by the court:
(a) Not later than 30 days after filing of the Joint Disputed Claim Terms Chart under
Local Patent Rule 11, the party asserting infringement, or the party asserting
invalidity if there is no infringement issue present in the case, must serve and file
an opening claim construction brief and all supporting evidence and testimony.
(b) Not later than 30 days after service of the opening claim construction brief, the
opposing party must serve and file a response to the opening claim construction
brief and all supporting evidence and testimony.
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(c) Not later than seven days after service of the response, the opening party may serve
and file a reply solely rebutting the opposing party’s response.
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LOCAL RULES OF THE UNITED STATES DISTRICT COURTS FOR THE
SOUTHERN AND EASTERN DISTRICTS OF NEW YORK
APPENDIX OF COMMITTEE NOTES
Appendix to Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective July 1, 2024
COMMITTEE NOTES: LOCAL CIVIL RULES
2024 and 2026 Restyling
2024 AND 2026 COMMITTEE NOTENOTES
The language of all the Local Civil and Criminal Rules was reviewed, and amended as
necessary, as part of a general restyling of the Local Rules to make them more easily
understood and to make style, terminology, and formatting consistent throughout the
Rules. These changes are intended to be stylistic only.
Local Civil Rule 1.1. Application of Rules
PRE-2024 COMMITTEE NOTE
The Committee recommends that Local Civil Rule 1.1 be reworded in order to make
clear that the Local Civil Rules apply in all civil actions and proceedings governed by
the Federal Rules of Civil Procedure.
2024 COMMITTEE NOTE
The amendments are intended to serve three purposes. First, the amendments clarify
the authority pursuant to which these Local Civil Rules are promulgated. Second, the
amended rule points out that the Division of Business Rules of the Southern and
Eastern Districts of New York may be found on each court’s website; these Division of
Business Rules had formerly been appended to the Local Rules. Finally, because the
2022 amendments contain several substantive changes, Local Civil Rule 1.1 now
includes a provision stating the effective date of those amendments.
Local Civil Rule 1.2. Night Depository
PRE-2024 COMMITTEE NOTE
The Committee believes that it is unnecessary to have a Local Rule dealing with the
hours of opening of the Clerk’s Office, which are best set forth in the websites of the
respective Courts. Because the Advisory Committee note to the 2009 amendment to Fed.
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R. Civ. P. 6(a)(4) indicates that a local rule is necessary to authorize the use of night
depositories, the Joint Committee recommends the retention of the portion of Local
Civil Rule 1.2 dealing with night depositories.
2024 COMMITTEE NOTE
The Amendments clarify that depositing papers in a court’s night depository box is not
sufficient to satisfy the requirement that filings be made via the Electronic Filing
System. The Amendments also identify the Eastern District Courthouse in Central Islip
as a location where a night depository is maintained.
Local Civil Rule 1.3. Admission to the Bar
2011 COMMITTEE NOTE
The Committee recommends that Local Civil Rule 1.3(c) be amended to clarify that a
motion for admission pro hac vice may be made by the applicant, and does not need to
be made by a member of the Court’s bar. This is a logical corollary of the fact that the
Southern and Eastern Districts no longer require that attorneys admitted pro hac vice be
associated with local counsel who are members of the Court’s bar.
2013 COMMITTEE NOTE
The amendments to Local Civil Rule 1.3(c) have two purposes. First, to conform the rule
to local practice, i.e., to reflect the required fee for pro hac vice admission and the
practice, mandated by 28 U.S.C. ' 517, of not requiring Department of Justice attorneys,
who are not members of the bar of this Court, to be admitted pro hac vice before
appearing. The second purpose of the rule is to make pro hac vice admission less
onerous for other federal agency attorneys by waiving the fee requirement and easing
the certificate of good standing requirement. It was the considered judgment of the
Court that pro hac vice admission remains necessary to ensure recourse in the event of
any violation of the rules of court.
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2016 COMMITTEE NOTE
A candidate for admission to the bar must respond to inquiries on the application
regarding the candidate’s criminal and disciplinary history. The amendment requires
that the same information be supplied in two circumstances not previously covered by
the Rule: (1) an application for admission pro hac vice; and (2) the admission to a
second district (whether the Southern or Eastern District of New York) upon the filing
of a certificate of good standing from the first district (whether the Southern or Eastern
District of New York) within 30 days of admission in the first district. In the latter
circumstance, the amendment also provides that the second district may deny
admission based upon the disclosed criminal and disciplinary history.
2018 COMMITTEE NOTE
Local Rule 1.3 is revised solely to reflect the new process for electronically filing an
application for admission and obtaining electronic filing privileges.
2024 COMMITTEE NOTE
The Amendments eliminate outdated references to the “head of the calendar” and the
signing of the roll. The paragraphs are also renumbered such that what had been part of
paragraph (b) now stands alone as paragraph (c), which in turn now refers to paragraph
(b)(2).
Local Civil Rule 1.4. Attorney Appearances; Withdrawal or Displacement of
Attorney of Record; Limited-Scope Representation
PRE-2024 COMMITTEE NOTE
The Committee recommends that Local Civil Rule 1.4 be amended to require that the
affidavit in support of a motion to withdraw state whether or not a retaining or
charging lien is being asserted, and to clarify that all applications to withdraw must be
served upon the client and (unless excused by the Court) upon all other parties. This is
not meant to preclude the Court from permitting the reasons for withdrawal to be
stated in camera and under seal in an appropriate case. It is also not meant to preclude
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substitution of counsel by a stipulation which has been signed by counsel, the counsel’s
client, and all other parties, and which has been so ordered by the Court.
2024 COMMITTEE NOTE
The existing local rule governs the withdrawal or displacement of an attorney of record
but does not identify the procedure by which one becomes an attorney of record. The
Federal Rules of Civil Procedure likewise do not include a procedure for becoming an
attorney of record. Accordingly, the rule is amended to require attorneys appearing in a
matter to file a notice of appearance and lists the information that the notice of
appearance must contain. The amendment also eliminates the affidavit that was
otherwise required by the local rule when other counsel who had already appeared in
the case continues to represent the client or when new counsel is substituted by
stipulation. The Committee believes that the affidavit serves no useful purpose in these
circumstances.
2025 COMMITTEE NOTE
Both the Eastern and Southern District have come to allow an attorney to appear on
behalf of an otherwise unrepresented party for limited purposes only — for example,
for purposes of mediation, motion practice, or some aspect of discovery. Among other
things, allowing for such limited-scope appearances facilitates the recruitment of
counsel to take on pro bono matters and promotes access to justice. The rule is amended
to codify and regulate this practice of limited-scope appearances. In addition, the rule is
amended to provide that where an attorney moves to withdraw upon a stipulation
substituting a new attorney, an affidavit is required in support of the motion if the new
attorney intends to seek modification of any existing deadlines in the case. That
requirement is intended to assist the court in evaluating whether the proposed
withdrawal would result in delay.
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Local Civil Rule 1.4.1. Law Student Practice
2026 COMMITTEE NOTE
Both the Eastern and Southern Districts have long permitted law students to appear on
behalf of parties in certain cases and subject to certain strict requirements, including
supervision by an attorney and written consent of the relevant party. This rule is
intended to codify and regulate this practice.
Local Civil Rule 1.5. Discipline of Attorneys
PRE-2024 COMMITTEE NOTE
Local Civil Rule 1.5(d) has been amended to permit the expedited disclosure, upon
request, of confidential records or documents for use in an investigation or proceeding
pending before a duly constituted disciplinary authority of a New York State Court.
2024 COMMITTEE NOTE
Subsection (a) of Local Civil Rule 1.5 has been amended to make it clear that both
district judges and magistrate judges may serve on the Committee on Grievances. In
addition, subsections (a) and (d)(5) have been amended to standardize and streamline
references to the Committee.
Local Civil Rule 1.6. Duty of Attorneys in Related Cases
PRE-2024 COMMITTEE NOTE
The Committee recommends that Local Civil Rule 1.6(a) be amended to provide simply
that notification must be given to the Judges to whom the case has been assigned.
2024 COMMITTEE NOTE
The Division of Business Rules for both districts contain rules regarding potentially
related cases, including the definition of a related case and the procedure for notifying
the court of related cases. As such, this local civil rule has been amended to avoid any
unnecessary duplication or confusion between the prior local rule and the Division of
Business Rules, and now requires the counsel to comply with the Division of Business
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Rules. In addition, the language stating that the court may impose costs on an attorney
who violates the rule has been removed as unnecessary given the general authority of
the court to impose sanctions for the violations of its rules.
Local Civil Rule 1.7. Fees of Court Clerks and Reporters
PRE-2024 COMMITTEE NOTE
Local Civil Rule 1.7(a) serves a useful purpose in light of 28 U.S.C. § 1914(c), which
provides that “[e]ach district court by rule or standing order may require advance
payment of fees.”
Local Civil Rule 1.8. Recording of Proceedings and Electronic Equipment
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.
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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.
Local Civil Rule 1.9. Acceptable Substitutes for Affidavits [formerly Local Civil
Rule 1.10]
PRE-2024 COMMITTEE NOTE
The Committee believes that this Local Civil Rule continues to serve a useful function,
particularly in pro se cases, and therefore recommends its retention.
Local Civil Rule 5.1. Filing of Discovery Materials [Withdrawn]
2024 COMMITTEE NOTE
This rule has been withdrawn. Parties must consult Local Civil Rules 37.1, 37.2, and the
individual practices of the judge presiding over discovery when seeking or opposing
relief under Fed. R. Civ. P. 26 through 37 (inclusive).
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Local Civil Rule 5.2. Electronic Filing and Service; Duty to Review Underlying
Orders
PRE-2013 COMMITTEE NOTE
The substance of the last sentence of Local Civil Rule 5.3(b) has been moved to this local
rule, so as to consolidate in this local rule everything in the Local Civil Rules dealing
with the subject of ECF. The local rule has been revised to refer to the instructions
regarding ECF on the website of each respective Court, because the instructions change
with sufficient frequency to make it unfeasible to incorporate them into the local rules.
2013 COMMITTEE NOTE
Recommended new Local Civil Rule 5.2(b) would authorize the filing of letter-motions
and letters to the Court by ECF. ECF filing of letters to the Court is already required by
the ECF instructions in the Eastern District of New York, and in the Southern District of
New York this Local Rule amendment would authorize (but not require) ECF filing of
letters to the Court that generally now are accepted by judges in the Southern District of
New York. Allowing such letters to be filed will improve the record on appeal in cases
where an appeal is taken and will allow the press and the public to follow more fully
what is happening in pending cases. Recommended Local Civil Rule 5.2(b) does not
authorize the filing of letters exchanged between the parties.
Parties should remember to review the Individual Judge’s Practices for any pertinent
restrictions on the filing of letters or letter-motions, such as requirements for courtesy
copies and any page limitations. Moreover, before filing a letter via ECF, parties should
consider whether the letter contains information about settlement discussions or
personal information (including medical information regarding a party or counsel) that
should not be in the public file, in which case the letter should be sent directly to
chambers instead of via ECF, or, in the Eastern District, if chambers permits, may be
filed under seal via ECF.
Recommended new Local Civil Rule 5.2(c) reminds parties that they should review the
actual order, decree, or judgment of the Court on ECF, rather than relying upon the
description of the order, decree, or judgment on the docket or in the ECF Notice of
Electronic Filing, which is often just a short summary of a more detailed order.
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2024 COMMITTEE NOTE
Local Civil Rule 5.2 has been amended to avoid redundancy and inconsistency with
Fed. R. Civ. P. 5 regarding when service via electronic means is accomplished. The
revised rule makes clear that ECF filing is required unless the filing has been exempted
from ECF filing by court order or by Fed. R. Civ. P. 5. The revised rule also specifies that
Highly Sensitive Documents, as that term is defined in each district, must be filed in
hard copy rather than on ECF. And finally, the title of the rule has been updated to
more accurately reflect its scope.
2026 COMMITTEE NOTE
Fed. R. Civ. P. 5(d)(3)(C) provides that “[a] filing made through a person’s electronic-
filing account and authorized by that person, together with that person’s name on a
signature block, constitutes the person’s signature.” Some pro se litigants, however, are
not authorized to file through the ECF system; instead, “filing by pro se litigants is left
for governing by local rules or court order.” Fed. R. Civ. P. 5, 2018 advisory committee
note; see also Fed. R. Civ. P. 5(d)(3)(B). Both the Eastern and Southern Districts and
SDNY accept via means other than the ECF system certain electronic submissions from
pro se litigants. Local Rule 5.2 has been amended to reflect this practice and to provide
how such documents may be signed. Because the requirements for accepting electronic
submissions may differ over time and between Districts, the amended Rule directs pro
se litigants to the specific instructions on each court’s website.
Local Civil Rule 5.3. Service by Overnight Delivery
PRE-2024 COMMITTEE NOTE
Local Civil Rule 5.3(a), dealing with overnight delivery service, is still necessary,
because Fed. R. Civ. P. 5 has not been amended to deal with overnight delivery service.
However, many of the detailed provisions of present Local Civil Rule 5.3(a) are
unnecessary once it is made clear that overnight delivery service shall be treated the
same as service by mail.
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In Local Civil Rule 5.3(b), the first two sentences, dealing with service by facsimile, are
unnecessary in light of Fed. R. Civ. P. 5(b)(2)(E), and the substance of the last sentence,
dealing with ECF, has been moved to Local Civil Rule 5.2.
Local Civil Rule 6.1. Service and Filing of Motion Papers
PRE-2013 COMMITTEE NOTE
In the initial paragraph of Local Civil Rule 6.1, the Committee recommends the deletion
of the parenthetical reference to Fed. R. Civ. P. 56, because Fed. R. Civ. P. 56, as
amended effective December 1, 2010, no longer provides for a different period of time to
make a motion for summary judgment than that prescribed by Local Civil Rule 6.1. In
Local Civil Rule 6.1(c), the Committee recommends the deletion of the words “or upon
application” in order to prevent any implication that oral argument will be granted
automatically upon application. This change is not intended to suggest that the parties
cannot apply to the Court for oral argument.
2013 COMMITTEE NOTE
This is a conforming amendment designed to bring Local Civil Rule 6.1 into conformity
with recommended new Local Civil Rule 7.1(d), which authorizes letter-motions in the
case of certain non-dispositivenondispositive matters.
2024 COMMITTEE NOTE
Local Civil Rule 6.1 has been amended in several respects. First, in light of the
withdrawal of Local Civil Rule 6.4, references to that rule have been eliminated here.
Second, because Local Civil Rule 7.1 explains what constitutes “motion papers,” there is
no need to repeat here the types of papers that must accompany a motion—this rule
now refers only to “motion papers,” “opposing and response papers,” and “reply
papers.” Third, the revised rule makes clear that filing and service of motion papers
must be accomplished via ECF, unless the filing ha`s been exempted. Fourth, the former
subsection (c) of this rule, which was tied to the now-defunct practice of motions being
filed with “return dates” returnable on a judge’s predetermined dates for oral
argument, has been eliminated.
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Local Civil Rule 6.2. Orders on Motions
PRE-2024 COMMITTEE NOTE
Local Civil Rule 6.2 remains necessary because the Federal Rules of Civil Procedure do
not specify what constitutes the entry of an order. The Committee believes that the
existing language of Local Civil Rule 6.2 is broad enough to encompass notations in the
ECF docket, and that no change is required for this reason.
Local Civil Rule 6.3. Motions for Reconsideration
PRE-2024 COMMITTEE NOTE
Local Civil Rule 6.3 is necessary because the Federal Rules of Civil Procedure do not
specify the time periods governing a motion for reconsideration or reargument. In the
first sentence of Local Civil Rule 6.3, the Committee recommends an amendment to
clarify that the Court may set a different time for the filing of a motion for
reconsideration or reargument.
2024 COMMITTEE NOTE
A page limit on briefs has been imposed to emphasize the limited scope of a motion for
reconsideration.
2025 COMMITTEE NOTE
The rule is amended to replace page limits with word limits for any brief filed by an
attorney or prepared with a computer, consistent with the concurrent amendment to
Local Civil Rule 7.1. The rule provides page limits if a party is not represented by an
attorney and the brief is handwritten or prepared with a typewriter because a word
limit for such submissions would be impracticable.
Local Civil Rule 6.4. Computation of Time [Withdrawn]
PRE-2024 COMMITTEE NOTE
This Rule has been withdrawn. Fed. R. Civ. P. 6 governs computing and extending time
and has rendered the Local Rule unnecessary.
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Local Civil Rule 6.4. Motions in Limine
2026 COMMITTEE NOTE
The purpose of this Rule is to impose a meet-and-confer requirement prior to the filing
of a motion in limine. The Federal Rules have long required parties to meet and confer
before seeking judicial intervention to resolve discovery disputes. See Fed. R. Civ. P.
37(a)(1). A similar requirement for motions in limine could obviate the need for
unnecessary motion practice in those instances where the would-be movant learns that
its adversary does not intend to introduce the evidence in question, or the parties are
able to come to an agreement on the evidence to be introduced and any conditions on
its use. In other instances, a conferral requirement could narrow or help frame the
issues presented by the motion in limine.
Local Civil Rule 7.1. Motion Papers
PRE-2013 COMMITTEE NOTE
Recommended Local Civil Rule 7.1 is designed to collect in one place the requirements
for motion papers. It includes the substance of the present Local Civil Rule 7.1 on
memoranda of law, and of the present Local Civil Rule 7.2 regarding notices of motion
and orders to show cause. The Committee believes that it will be helpful, especially to
lawyers from out of state and to lawyers who practice primarily in the state courts, to
have a Local Rule that sets forth the types of papers that are required in support of or in
opposition to a motion.
2013 COMMITTEE NOTE
Local Civil Rule 7.1(d) would authorize the use of letter-motions for applications for
extensions or adjournments, applications for a pre-motionpremotion conference, and
similar non-dispositivenondispositive matters. Pursuant to recommended Local Civil
Rule 5.2(b), such letter-motions may be filed by ECF.
The use of letter-motions is intended to follow existing practice in which counsel
request certain non-dispositivenondispositive relief by letter. Using a letter-motion
instead of a letter will ensure that the Court is aware that relief is requested (as
distinguished from, for example, a status update letter where no relief is requested).
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Local Civil Rule 7.1(d) is not intended to expand the types of motions that can be made
by letter-motion. For example, motions to dismiss or motions for summary judgment
may not be made by letter-motion.
Parties should remember to review the Individual Judge’s Practices for any pertinent
restrictions on the filing of letter-motions, such as requirements for courtesy copies and
any page limitations.
2016 COMMITTEE NOTE
Local Rule 7.l(c) is amended to conform to the Federal Rules of Bankruptcy Procedure.
2024 COMMITTEE NOTE
The subsection on letter-motions, subsection (d), was revised to specify the types of
motions that may be brought by letter-motion and to make explicit that other motions
may not be brought by letter-motion unless authorized by the presiding judge’s
individual practices or by an order in a particular case. Counsel should consult the
presiding judge’s individual practices, available on the court web sites, to confirm
whether any specific type of motion may be brought via letter-motion.
2025 COMMITTEE NOTE
The amendment includes a new subsection (c) to establish default lengths for
memoranda of law (subject to a court order or a Judge’s individual practices) for all
motions (other than motions for reconsideration, which are governed by Local Civil
Rule 6.3) and, if a memorandum of law is filed by counsel or prepared with a computer,
to require a certificate of compliance. The rule provides page limits if a party is not
represented by an attorney and the brief is handwritten or prepared with a typewriter
because a word limit for such submissions would be impracticable. The purpose of the
new section is to ensure consistency across briefs in terms of the length of submissions,
but the new section provides that these limits do not apply to letter briefs and may be
altered by court order. In addition, relevant portions of Local Civil Rule 11.1 which
separately addressed the form papers have been consolidated into Local Civil Rule 7.1,
and outdated provisions deleted.
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Local Civil Rule 7.1.1 Disclosure Statement
PRE-2024 COMMITTEE NOTE
The Committee believes that Local Civil Rule 7.1.1 continues to serve a useful purpose
in helping to ensure that Judges will be given prompt notice of changes that might
require consideration of possible recusal.
Local Civil Rule 7.2. Authorities to Be Provided to Pro Se Litigants
PRE-2024 COMMITTEE NOTE
The Committee recommends the addition of an additional sentence to Local Civil Rule
7.2 in order to facilitate compliance with the decision of the Second Circuit in Lebron v.
Sanders, 557 F.3d 76 (2d Cir. 2009).
Local Civil Rule 11.1. Form of Pleadings, Motions, and Other Papers [Withdrawn]
PRE-2024 COMMITTEE NOTE
The provisions of Local Civil Rule 11.1 deal with topics that are not covered in Fed. R.
Civ. P. 11. Recommended Local Civil Rule 11.1(b), which is based upon similar
provisions in other local rules, is intended to set simple and easily followed minimum
standards for legibility of documents filed with the Court.
2024 COMMITTEE NOTE
Subsection (b), was amended to allow individual judges to require different formatting
or fonts, as set forth in their individual practices, which are available on the court
websites.
2025 COMMITTEE NOTE
The provisions of this rule have been incorporated into revised Local Civil Rule 7.1.
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Local Civil Rule 12.1. Notice to Pro Se Litigant Who Opposes a Rule 12 Motion
Supported by Matters Outside the Pleadings
PRE-2024 COMMITTEE NOTE
Local Civil Rule 12.1 plays a valuable role in alerting pro se litigants to the potentially
serious consequences of a motion to dismiss based upon evidence outside the
pleadings, and to the requirements for controverting such evidence. The Committee
recommends certain changes in the text of the notice required by the rule in order to
make it more understandable to non-lawyers.
Local Rule 15.1 Amendment of Pleadings
2024 COMMITTEE NOTE
When moving to amend or supplement a pleading, counsel should provide the court
and parties both a clean copy and a redline of the proposed amended pleading as
exhibits to the motion. If the motion is granted, counsel should file the amended
pleading or supplement within seven days. The motion, if granted, does not constitute a
filing of the amended pleading or supplement. Pro se litigants are exempt from these
requirements.
2026 COMMITTEE NOTE
Because pro se litigants often lack immediate access to technological capability to create
redlines or similar documents, they are now exempt from the requirement to provide a
separate document showing the differences between the proposed and prior pleading.
Local Civil Rule 16.1. Exemptions from Mandatory Scheduling Order
PRE-2024 COMMITTEE NOTE
The Committee recommends the retention of Local Civil Rule 16.1. It serves an
important function, because Fed. R. Civ. P. 16(b)(1) requires that any exemption of
categories of cases from the mandatory scheduling order requirement must be
accomplished by a local rule.
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2024 COMMITTEE NOTE
The rule was amended to add bankruptcy appeals to the list of cases that are exempt
from a mandatory scheduling order under Fed. R. Civ. P. 16(b) and to specify that
Freedom of Information Act cases are also included within the scope of the rule.
Local Civil Rule 16.2. Entry and Modification of Mandatory Scheduling Orders by
Magistrate Judges
PRE-2024 COMMITTEE NOTE
Local Civil Rule 16.2 is necessary because Fed. R. Civ. P. 16(b)(1) requires a local rule in
order to confer upon Magistrate Judges the power to issue or modify scheduling orders.
The Committee recommends that the language of the rule be simplified, and that it be
applicable to all cases in which a case has been referred to a Magistrate Judge.
Local Civil Rule 23.1. Fees in Class Action and Shareholder Derivative Actions
PRE-2024 COMMITTEE NOTE
The Committee recommends the retention of Local Civil Rule 23.1.1. Unlike Fed. R. Civ.
P. 23 (which deals with class actions), Fed. R. Civ. P. 23.1 (dealing with shareholder
derivative actions) does not contain any provisions dealing with attorney’s fees. Local
Civil Rule 23.1.1 has been part of the local rules for many years, and has proven its
usefulness in derivative actions.
2016 COMMITTEE NOTE
The Committee in 2011 recommended that prior Local Rule 23.1 regarding class actions
be deleted as unnecessary. The Second Circuit's recent decision in Bernstein v. Bernstein
Litowitz Berger & Grossman LLP, 814 F.3d 132, 137 n.2 (2d Cir. 2016), stated that the prior
Local Rule is not redundant with Fed. R. Civ. P. 23(h) regarding fee sharing
arrangements. The Committee therefore recommends reinstating Local Rule 23.1 and
combining it with Local Rule 23.1.1 to cover both class actions and derivative actions.
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Local Civil Rule 26.1. Address of Party and Original Owner of Claim to Be
Furnished [Withdrawn]
2024 COMMITTEE NOTE
In light of amended Fed. R. Civ. P. 7.1, which now requires parties or intervenors in a
diversity case to name and identify the citizenship of every individual or entity whose
citizenship is attributed to that party or intervenor, Local Civil Rule 26.1 is no longer
necessary.
Local Civil Rule 26.2. Assertion of Claim of Privilege
PRE-2024 COMMITTEE NOTE
With the advent of electronic discovery and the proliferation of e-mails and e-mail
chains, traditional document-by-document privilege logs may be extremely expensive
to prepare, and not really informative to opposing counsel and the Court. There is a
growing literature in decisions, law reviews, and other publications about the need to
handle privilege claims in new and more efficient ways. The Committee wishes to
encourage parties to cooperate with each other in developing efficient ways to
communicate the information required by Local Civil Rule 26.2 without the need for a
traditional privilege log. Because the appropriate approach may differ depending on
the size of the case, the volume of privileged documents, the use of electronic search
techniques, and other factors, the purpose of Local Civil Rule 26.2(c) is to encourage the
parties to explore methods appropriate to each case. The guiding principles should be
cooperation and the “just, speedy, and inexpensive determination of every action and
proceeding.” Fed. R. Civ. P. 1. See also The Sedona Cooperation Proclamation, available
at www.TheSedonaConference.org, whose principles the Committee endorses.
2024 COMMITTEE NOTE
A reference to the potential use of metadata and categorical logs has been added,
consistent with the approach of this local civil rule to explore and create privilege logs
appropriate to each case. The Advisory Committee Notes to the 1993 amendment to
Rule 26(b)(5) described withholding documents “by categories.” Subsection (b) has
been modified to state that the log should be provided at or about the time of the
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response to the discovery request, but provides that the parties can agree otherwise,
supplementing the existing authority of the court to dictate otherwise. Finally,
subsection (c) encourages the parties to discuss the type of privilege log to be used and
the information fields that should be disclosed, and explicitly recognizes that a
categorical or metadata log may be used. Subsection (c)(3) adds that when the parties
use a categorical or metadata log, they are encouraged to discuss whether to allow the
requesting party to request a document-by-document log for a limited number or
percentage of the logged documents. In addition, the presumption that categorical
assertions of privilege are permissible has been modified to recognize that the court
may provide otherwise through the presiding judge’s individual practices or by order.
Local Civil Rule 26.3. Uniform Definitions in Discovery Requests
PRE-2024 COMMITTEE NOTE
Local Civil Rule 26.3 has performed a useful role in simplifying definitions that are
commonly used in discovery requests. The Committee recommends certain changes to
reflect current practice. The definition of “document” in Local Civil Rule 26.3(c)(2) has
been updated to include the term “electronically stored information,” which is now
used in Fed. R. Civ. P. 34(a)(1)(A).
Local Civil Rule 26.4. Cooperation Among Counsel in Discovery [formerly Local
Civil Rules 26.5 and 26.7]
PRE-2024 COMMITTEE NOTE
This recommended Local Civil Rule is derived from prior Local Civil Rules 26.5 and
26.7, which applied to the Eastern District only. The Committee endorses the goals of
professional cooperation and courtesy embodied in this recommended Local Civil Rule,
and recommends that the rule be made applicable to both the Southern and Eastern
Districts.
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Local Civil Rule 26.5. Form Discovery Requests [formerly Local Civil Rule 26.6]
PRE-2016 COMMITTEE NOTE
While this Local Civil Rule is a straightforward corollary of Fed. R. Civ. P. 26(g)(1)(B),
the Committee understands that it is frequently relied upon, and therefore recommends
its retention in the Eastern District and its adoption in the Southern District.
2016 COMMITTEE NOTE
The change to Local Rule 26.5 is necessary because the December 2015 amendments to
the Federal Rules of Civil Procedure eliminated discovery about the “subject matter,”
instead limiting discovery to the claims and defenses, as further limited by
proportionality factors.
Local Civil Rule 30.1. Counsel Fees on Taking Depositions More Than 100 Miles
From Courthouse [Withdrawn]
2024 COMMITTEE NOTE
Local Civil Rule 30.1 is no longer necessary given both the availability of telephonic and
virtual depositions, which do not require travel, and other sources of authority for the
court to impose costs in appropriate circumstances, including Fed. R. Civ. P. 26(b)(1)(B)
and 45(d)(1). Accordingly, the rule is withdrawn. A corresponding change to Local Civil
Rule 54.1, governing the taxation of fees, has also been made.
Local Civil Rule 30.2. Telephonic and Other Remote Depositions [formerly Local
Civil Rule 30.3]
PRE-2024 COMMITTEE NOTE
The Committee recommends that this Local Civil Rule be broadened to encompass the
taking of depositions by remote means other than telephonic means, as has been done
with Fed. R. Civ. P. 30(b)(4).
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Local Civil Rule 30.3. Persons Attending Depositions [formerly Local Civil Rule
30.4]
PRE-2024 COMMITTEE NOTE
This rule provides a useful summary of the rules regarding who may attend a
deposition, and the Committee recommends that it be extended to the Southern District
as well as the Eastern District. The exclusion-of-witnesses rule of Fed. R. Evid. 615 is
made inapplicable to depositions by Fed. R. Civ. P. 30(c)(1), but Fed. R. Civ. P.
26(c)(1)(E) allows the Court, for good cause, to “designat[e] the persons who may be
present while the discovery is conducted.”
Local Civil Rule 30.4. Conferences Between Deponent and Defending Attorney
[formerly Local Civil Rule 30.6]
PRE-2024 COMMITTEE NOTE
The Committee believes that this Local Civil Rule serves a useful purpose, and that it is
consistent with (although not duplicative of) Fed. R. Civ. P. 30(c)(2) and 20(d)(2). The
Committee believes that there is a broad consensus that it is improper for the
deponent’s attorney to initiate a private conference with the deponent while a question
is pending. By recommending that this minimum standard be stated in the rule, the
Committee does not intend any negative implication that other types of obstructive
conduct during depositions may not be dealt with by appropriate orders of the Court.
Local Civil Rule 33.2. Standard Discovery in Prisoner Pro Se Actions
JULY 2011 COMMITTEE NOTE
Local Civil Rule 33.2 has worked well, and the Committee recommends its
continuation. The Committee recommends that the rule be revised to make it applicable
on the same basis in the Eastern District as in the Southern District. In addition, the
Committee recommends extension of the rule to other prison facilities in addition to
State and New York City prison facilities (12/2014). Because this Local Civil Rule and
Local Civil Rule 33.3 are frequently cited, the Committee does not recommend that they
be renumbered.
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DECEMBER 2011 COMMITTEE NOTE
The Committee recommends extension of the rule to other prison facilities in addition
to State and New York City prison facilities. Also, the trigger for a Disciplinary Due
Process Case is reduced from 100 days in SHU to 30 days to better reflect the case law in
this area.
2014 COMMITTEE NOTE
The Committee recommends deleting Local Civil Rule 33.2(f). The Rule is intended to
be automatic and the standard discovery requests are available on the Courts’ websites
and in most prison libraries. The second sentence of Local Rule 33.2(d) also is amended
to require that the responses include verbatim quotation of the requests, to further
ensure that the pro se plaintiff has the language of the requests.
Local Civil Rule 33.3. Interrogatories (Southern District Only)
PRE-2024 COMMITTEE NOTE
Local Civil Rule 33.3 reflects the general practice in the Southern District, and the
Committee recommends its continuation there. Practice in the Eastern District is more
receptive to the use of interrogatories, and the Committee therefore does not
recommend that this Local Civil Rule be extended to the Eastern District.
Local Civil Rule 37.1. Verbatim Quotation of Discovery Materials
PRE-2024 COMMITTEE NOTE
In light of the withdrawal of Local Civil Rule 5.1, the reference to that rule has been
deleted.
Local Civil Rule 37.2. Discovery Disputes
PRE-2013 COMMITTEE NOTE
The modes of raising discovery disputes with the Court are sufficiently different in the
Southern and Eastern Districts that the Committee is constrained to recommend the
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continuation of two different rules – Local Civil Rule 37.2 applying to the Southern
District, and Local Civil Rule 37.3 applying to the Eastern District.
2013 COMMITTEE NOTE
This amendment would make clear that the request to the Court required by Local Civil
Rule 37.2 shall now be made by letter-motion as authorized by Local Civil Rule 7.1(d),
instead of by letter as before, without any substantive change in practice.
2024 COMMITTEE NOTE
Amended Local Civil Rule 37.2 simplifies practice by including both the E.D.N.Y. and
S.D.N.Y. under a single consolidated rule. The consolidated rule emphasizes that
litigants should consult the individual practices of judges before raising discovery
disputes, as individual practices often diverge from Local Civil Rule 37.2. It also
eliminates the reference to ECF filing, because all motions presumptively must be filed
on ECF. Lastly, it adds Rule 45 motions for subpoena enforcement to the motions
covered by the rule, because such motions are best understood as discovery motions.
Local Civil Rule 37.3. Mode of Raising Discovery and Other Non-
DispositiveNondispositive Pretrial Disputes Withwith the Court (Eastern District
Only) [Withdrawn]
2024 COMMITTEE NOTE
Local Civil Rule 37.2 now covers both the E.D.N.Y. and S.D.N.Y. Local Civil Rule 37.3 is
therefore no longer necessary. The rule has been withdrawn.
Local Civil Rule 39.1. Custody of Trial and Hearing Exhibits
PRE-2024 COMMITTEE NOTE
The Committee believes that this Local Civil Rule is useful in alerting counsel to the
Courts’ practice concerning the custody of trial and hearing exhibits, which differs from
the practices of many other courts.
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Local Civil Rule 39.2. Order of Summation
PRE-2024 COMMITTEE NOTE
The Committee believes that Local Civil Rule 39.2 serves a useful role in clarifying the
power of the Court to determine the order of summation.
2026 COMMITTEE NOTE
The rule has been amended to confirm that the court has discretion not only with
respect to the order of summations, including whether to allow a rebuttal summation,
but also over the length of summations. The amendment is also intended to make plain
that the court may exercise this discretion at any time.
Local Civil Rule 40.1. Trial Scheduling
2024 COMMITTEE NOTE
New Local Civil Rule 40.1 has been added, in the absence of any previous local rule on
the subject, because Fed. R. Civ. P. 40 provides that “[e]ach court must provide by rule
for scheduling trials.”
Local Civil Rule 47.1. Assessment of Jury Costs
PRE-2024 COMMITTEE NOTE
The Committee understands that the power to impose the cost of one day’s attendance
of jurors upon parties who have failed to reach (or notify the Court of) a settlement at
least one business day before trial is exercised only infrequently and in egregious cases.
The Committee agrees that the Court should have this power in order to deal with such
egregious cases, and that the rule serves a useful purpose in notifying the bar that the
Court has this power.
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Local Civil Rule 53.1. Masters
PRE-2024 COMMITTEE NOTE
The Committee believes that Local Civil Rule 53.1 serves a useful purpose by clarifying
two subjects that are not dealt with in Fed. R. Civ. P. 53.
2024 COMMITTEE NOTE
The Committee has amended Local Civil Rule 53.1 to remove outdated language and
provisions relating to the appointment of masters to sit outside the district, as such a
requirement is no longer necessary given the broad authority to review orders relating
to special masters set forth in Fed. R. Civ. P. 53.
Local Civil Rule 54.1. Taxable Costs
PRE-2024 COMMITTEE NOTE
Local Civil Rule 54.1 serves a very useful purpose by outlining what costs are and are
not taxable unless otherwise ordered by the Court. This is a subject that is not addressed
with specificity by 28 U.S.C. § 1920 and Fed. R. Civ. P. 54(d)(1). Local Civil Rule 54.1 has
been updated with the valuable assistance of the Clerks of the two Courts to reflect
more precisely which costs are and are not taxable without an order of the Court.
[August 2014 Note]: Local Rule 54.1 is modified to indicate that the Bill of Costs, and
any objection thereto, shall be filed via ECF (except for Pro Se parties) in both Districts.
[July 2013 Note]: The seven-day notice period previously set forth in Local Civil Rule
54.1(a) was in conflict with the 14-day notice period provided by Fed. R. Civ. P. 54(d)(1)
and the Committee recommends that the Local Rule be changed to conform with Rule
54(d)(1). Instead of prescribing a particular time period (which might be changed by a
future amendment to Fed. R. Civ. P. 54), the Committee recommends that the Local
Rule refer the reader to Fed. R. Civ. P. 54. The term “request to tax costs” has misled
some parties into not realizing that they need to file a notice of taxation of costs
specifying the date and time of taxation. For this reason, the Committee recommends
that Local Civil Rule 54.1(a) be amended to substitute the term “notice of taxation of
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costs” for the term “request to tax costs”, and to add an explicit requirement that the
notice specify the date and time fixed for taxation.
Local Civil Rule 54.1(a) presently provides that costs will not be taxed during the
pendency of an appeal. At the suggestion of the Clerk’s Offices, the Committee
recommends that the Rule be amended to provide that costs will likewise not be taxed
during the pendency of a motion for reconsideration or a motion for a new trial. Also, at
the suggestion of the Clerk’s Offices, the Committee recommends that the Rule be
amended to provide that the party seeking to tax costs shall file a new notice of taxation
of costs within 30 days after the determination of any appeal, motion for
reconsideration, or motion for a new trial.
At the suggestion of the Eastern District Clerk’s Office, the Committee recommends that
Local Civil Rule 54.1(b) be amended to place parties on notice that, in the Eastern
District, the parties need not appear at the date and time scheduled for taxation.
The Committee recommends that Local Civil Rule 54.1(c)(1) remain unchanged. It is
authorized by 28 U.S.C. § 1920(2), which allows taxation of “fees for printed or
electronically recorded transcripts necessarily obtained for use in this case.”
The Committee recommends that Local Civil Rule 54.1(c)(2) remain unchanged. 28
U.S.C. § 1920 does not by its terms specifically address costs related to depositions.
However, the practice of taxing the expenses of a deposition when it is received in
evidence or employed on a successful motion for summary judgment is widespread and
can be regarded as authorized by 28 U.S.C. § 1920(2) as “expenses for transcripts
necessarily obtained for use in this case.” See 10 Charles Alan Wright & Arthur R.
Miller, Federal Practice and Procedure § 2676 (3d ed. 1998) (“There is general agreement
that expenses of a deposition may be taxed as costs when it was received in evidence.”);
7 James WM. Moore et al., Moore’s Federal Practice § 54.103(3)(c)(i) (3d ed. 2011)
(Ҥ1920 also contains several provisions for the recovery of costs that, alone or in
conjunction, have been interpreted to permit the awarding of the routine expenses
incurred in taking depositions.”). See also Anderson v. City of New York , 132 F. Supp. 2d
239, 246 (S.D.N.Y. 2001) (allowing deposition transcripts to be taxed as costs under §
1920).
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The Committee recommends that Local Civil Rule 54.1(c)(3) remain unchanged. This
subsection is authorized by 28 U.S.C. § 1920(3), which allows taxation of “fees and
disbursements for printing and witnesses.”
The Committee recommends that the second sentence of Local Civil Rule 54.1(c)(4) be
deleted in light of the Supreme Court’s ruling in Taniguchi v. Kan Pacific Saipan, Ltd., 132
S. Ct. 1997 (2012). The rest of Local Civil Rule 54.1(c)(4) is authorized by § 1920(6),
which allows taxation of “compensation of court appointed experts, compensation of
interpreters, and salaries, fees, expenses, and costs of special interpretation services”
under 28 U.S.C. § 1828.
The Committee recommends that Local Civil Rule 54.1(c)(5) remain unchanged. This
subsection is authorized by § 1920(4), which allows taxation of “fees for exemplification
and the costs of making copies of any materials where the copies are necessarily
obtained for use in this case.”
Courts in other circuits have begun to address the question whether and to what extent
the costs of electronic discovery can be taxed as costs of copying or exemplification. See,
e.g., Race Tires America, Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012).
Particularly in the absence of authoritative guidance from the Second Circuit on this
issue, the Committee has concluded that it is premature to address this question in
Local Civil Rule 54.1(c).
The Committee recommends that Local Civil Rule 54.1(c)(6) remain unchanged. This
subsection is authorized by 28 U.S.C. § 1920(4), which allows taxation of “fees for
exemplification and the costs of making copies of any materials where the copies are
necessarily obtained for use in this case.”
The Committee recommends that Local Civil Rule 54.1(c)(7) be retained, because it does
not authorize taxation of any costs, but instead serves a useful purpose by pointing out
that attorney’s fees are addressed in Fed. R. Civ. P. 54 and are not taxable except by
order of the Court. For the reasons explained in the Committee Note to Local Civil Rule
54.1(a), the Committee recommends that the Local Rule refer the reader to Fed. R. Civ.
P. 54 for the time period within which attorney’s fees must be sought.
The Committee recommends that Local Civil Rule 54.1(c)(8) remain unchanged.
Although 28 U.S.C. § 1920 does not by its terms address fees for masters, receivers, or
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commissioners, Fed. R. Civ. P. 53(g) authorizes the Court to allocate payment for a
master’s compensation, and commentators have observed that appropriate
expenditures incurred in connection with a special master may be taxed as costs by the
prevailing party. 10 Fed. Prac. & Proc. Civ. §2677 (3d ed.).
The Committee recommends that Local Civil Rule 54.1(c)(9) remain unchanged. This
subsection is authorized by 28 U.S.C. § 1920(4), which allows a taxation of “fees for
exemplification and the costs of making copies of any materials where the copies are
necessarily obtained for use in this case.”
The Committee recommends that Local Civil Rule 54.1(c)(10) remain unchanged. This
subsection is authorized by 28 U.S.C. § 1920(5), which allows taxation of docket fees
under 28 U.S.C. § 1923.
2024 COMMITTEE NOTE
In light of the withdrawal of Local Rule 30.1, a corresponding change has been made
here to remove attorney’s fees from the list of taxable costs.
Local Civil Rule 54.2. Security for Costs
PRE-2024 COMMITTEE NOTE
Local Civil Rule 54.2 has been applied by the District Courts with the approval of the
Second Circuit. The Committee recommends its retention.
Local Civil Rule 54.3. Entering Satisfaction of Money Judgment
PRE-2024 COMMITTEE NOTE
The Committee recommends a few clarifying changes in the wording of this Local Civil
Rule.
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Local Civil Rule 55.1. Certificate of Default
PRE-2018 COMMITTEE NOTE
The Committee believes that Local Civil Rule 55.1 is helpful in setting forth the contents
of the affidavit to be submitted by a party seeking a certificate of default pursuant to
Fed. R. Civ. P. 55(a).
2018 COMMITTEE NOTE
The revision to Local Rule 55.1 incorporates the revised ECF Rule requiring the
electronic filing of a request for a Clerk’s Certificate of Default.
2024 COMMITTEE NOTE
The Committee has amended Local Civil Rule 55.1 to clarify the materials that should
be filed when a party seeks a certificate of default pursuant to Fed. R. Civ. P. 55(a).
Local Civil Rule 55.1 is also amended to reflect current practices regarding the entry of a
certificate of default.
Local Civil Rule 55.2. Default Judgment
PRE-2024 COMMITTEE NOTE
Although Fed. R. Civ. P. 55(b) does not require service of notice of an application for a
default judgment upon a party who has not appeared in the action, the Committee
believes that experience has shown that mailing notice of such an application is
conducive to both fairness and efficiency, and has therefore recommended a new Local
Civil Rule 55.2(c) providing for such mailing.
2024 COMMITTEE NOTE
The Committee has amended Local Civil Rule 55.2 to clarify the materials that should
be filed when a party seeks a default judgment. Local Civil Rule 55.2 is also amended to
reflect current practices regarding the entry of a default judgment.
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Local Civil Rule 56.1. Statements of Material Facts on Motion for Summary
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.
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Local Civil Rule 56.2. Notice to Pro Se Litigant Who Opposes a Summary
Judgment
PRE-2024 COMMITTEE NOTE
Local Civil Rule 56.2 plays a valuable role in alerting pro se litigants to the potentially
serious consequences of a motion for summary judgment, and to the requirements for
opposing such a motion. The Committee recommends certain changes in the text of the
notice required by the rule in order to make it more understandable to non-lawyers.
Local Civil Rule 58.1. Remand by an Appellate Court
PRE-2024 COMMITTEE NOTE
The Committee recommends that the word “mandate” be added to Local Civil Rule
58.1 in order to clarify that the mandate of the Court of Appeals, when filed in the
Clerk’s Office of the District Court as provided in Local Civil Rule 58.1, automatically
becomes the judgment of the District Court. The mandate, which consists of “a certified
copy of the judgment, a copy of the court’s opinion, if any, and any direction about
costs,” Fed. R. App. P. 41(a), is the normal means by which the judgment of the Court of
Appeals is transmitted to the District Court.
2024 COMMITTEE NOTE
The Committee deletes unnecessary and redundant language in Local Civil Rule 58.1.
Local Civil Rule 65.1.1. Security
PRE-2024 COMMITTEE NOTE
Local Civil Rule 65.1.1 contains useful provisions concerning sureties which supplement
the provisions of Fed. R. Civ. P. 65(c) and 65.1. The Committee recommends that Local
Civil Rule 65.1.1(f) be broadened to encompass proceedings to enforce the liability of
sureties under Fed. R. Civ. P. 65.1 as well as under Fed. R. App. P. 8(b).
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2024 COMMITTEE NOTE
The amendment, which replaces the term “sureties” with “security providers,” is made
to conform the Local Civil Rule to Fed. R. Civ. P. 65.1, which in 2018 was similarly
amended.
Local Civil Rule 67.1. Order for Deposit in Interest-Bearing Account
PRE-2024 COMMITTEE NOTE
Local Civil Rule 67.1 contains useful provisions concerning orders for the deposit of
money into interest-bearing accounts which supplement the provisions of Fed. R. Civ.
P. 67(a). The Committee recommends a clarifying change to Local Civil Rule 67.1(a) in
order to make clear that what is required is delivery of the proposed order directly to
the Clerk or the Financial Deputy, not personal delivery to them in the sense of hand
delivery.
2018 COMMITTEE NOTE
Local Civil Rule 67.1 contains practical provisions concerning orders for the deposit of
money into interest-bearing accounts which supplement the provisions of Fed. R. Civ.
P. 67(a). The Committee recommends revision to Local Civil Rule 67.1(a) to conform to
the new requirement for the electronic filing and subsequent processing of a proposed
order for the deposit of funds. The Committee recommends revision to Local Civil Rule
67.1(b)(2) for consistency with S.D.N.Y. Standing Order M10-1468 [11-MC-173 (LAP)].
The Committee recommends the addition of Local Civil Rule 67.1(c) in order to address
the tax administration requirements for certain Court Registry interpleader funds
deposited pursuant to 28 U.S.C. § 1335.
Local Civil Rule 72.1. Powers of Magistrate Judges
PRE-2024 COMMITTEE NOTE
Local Civil Rule 72.1 confirms and continues the Courts’ intent to give their Magistrate
Judges the maximum powers authorized by law. Local Civil Rule 72.1(a) is necessary in
order to authorize full-time Magistrate Judges to exercise the consent jurisdiction
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conferred by 28 U.S.C. § 636(c)(1). Local Civil Rule 72.1(b) and (c) confer useful
administrative powers upon Magistrate Judges. Although Local Civil Rule 72.1(d) may
be unnecessary in light of 28 U.S.C. § 636(b)(1)(B), the Committee decided that it would
be prudent to retain it in order to avoid any possible question on this point. The final
sentence of Local Civil Rule 72.1(d) seems unnecessary in light of the sentence
preceding it.
2024 COMMITTEE NOTE
The amendments are intended to reflect more clearly the intent of the current local civil
rule, which is to grant magistrate judges the full powers available under federal law.
Although the amendments remove former subsections (b), (c), and (d), the Committee
does not suggest that magistrate judges may not perform those duties or that district
judges may not refer such duties to them; rather, the Committee concludes that specific
enumeration is unnecessary in light of the general grant of authority set forth in the
rule. References to “full-time” magistrate judges have been deleted as the Committee
sees no reason not to extend these powers to any part-time magistrate judges who may
be serving in one or both districts. The amendments also explicitly provide for
submission of a response to an objection to a magistrate judge’s non-
dispositivenondispositive order and a time limit for doing so. Although neither Fed. R.
Civ. P. 72 nor 28 U.S.C. § 636 expressly authorize filing responses to objections, it is
common practice to do so, and the Committee believes it is proper and useful to
provide an opportunity to file responses to objections. 28 U.S.C. § 636(b)(1)(A) provides
that a district judge may reconsider any pretrial matter “where it has been shown that
the magistrate judge’s order is clearly erroneous or contrary to law.”
2026 COMMITTEE NOTE
Local Civil Rule 72.1 was amended to impose length limitations and formatting
requirements on briefs submitted in connection with objections to decisions of
magistrate judges, which previously had, unlike other briefing, no default limits.
Because the issues will usually have been addressed in prior briefing or argument, the
shorter word counts applicable to motions for reconsideration, set forth in Local Rule
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6.3, are set as the default limits. The rule was restructured and retitled to account for
this new provision and more accurately reflect its scope.
Local Civil Rule 72.2. Reference to Magistrate Judge (Eastern District Only)
PRE-2024 COMMITTEE NOTE
Local Civil Rule 72.2 sets forth the practices governing the automatic assignment of
Magistrate Judges to cases in the Eastern District of New York. Local Civil Rule 72.2(b)
is unnecessary in light of the modern practice of electronic filing of orders, and the
Committee recommends its deletion.
2024 COMMITTEE NOTE
This rule has been withdrawn and its contents placed in the Eastern District of New
York Division of Business Rules.
Local Civil Rule 73.1. Consent Jurisdiction Procedure
PRE-2024 COMMITTEE NOTE
The Committee believes that Local Civil Rule 73.1(a) continues to serve a useful
function by focusing the attention of the parties at the outset of the case upon the
consent jurisdiction of the Magistrate Judges. The Committee proposes a rewording of
Local Civil Rule 73.1(b) for purposes of clarification; no change in meaning is intended.
2024 COMMITTEE NOTE
The amendments are intended to more closely conform to the language used in Fed. R.
Civ. P. 73 and to more accurately describe how consent forms are distributed and
executed. The rule is also amended to clarify that the approval required is that of the
district judge to whom the case is assigned at the time the consent form is filed, who
may not be the district judge to whom the case was originally assigned. The rule also
now provides that, in the Eastern District of New York, in a case where the parties to a
case consent but no district judge has been assigned, the form shall be signed by the
chief judge or a designated district judge.
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Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees
PRE-2018 COMMITTEE NOTE
The Committee recommends the deletion of Local Civil Rule 77.1(b), whose provisions
have been overtaken by the age of electronic filing. The Committee recommends the
retention of Local Civil Rule 77.1(a), which is necessary to specify the timing of the
submission of proposed orders, judgments, and decrees.
2018 COMMITTEE NOTE
Local Rule 77.1 is revised to be consistent with ECF Rules and practice.
2024 COMMITTEE NOTE
The Amendment eliminates the process for objecting to proposed orders because the
process described is outdated and no longer routinely followed.
Local Civil Rule 81.1. Removal of Cases from State Courts
PRE-2024 COMMITTEE NOTE
The Committee recommends the deletion of Local Civil Rule 81.1(b), because 28 U.S.C. §
1446(a) already provides that the removing party or parties shall file with the notice of
removal “a copy of all process, pleadings, and orders served upon such defendant or
defendants in such action.” The Committee recommends that Local Civil Rule 81.1(a) be
reworded, in the same manner as Local Civil Rule 26.1, to describe with greater
specificity the information needed to assess the presence of diversity jurisdiction.
2024 COMMITTEE NOTE
Because the removing party must have a good-faith basis for asserting diversity
jurisdiction at the time of removal, the Committee deletes language suggesting that a
party may rely on post-removal discovery to establish such jurisdiction.
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Local Civil Rule 83.1. Transfer of Cases to Another District
PRE-2024 COMMITTEE NOTE
Local Civil Rule 83.1 needs to be reworded, because the transfer of cases is normally
carried out today electronically rather than by mail. On balance, the Committee believes
that the seven-day waiting period in Local Civil Rule 83.1 should be retained, in order
to allow the party opposing transfer the same opportunity as the current rule affords to
seek rehearing or appellate review.
Local Civil Rule 83.2. Settlement of Actions by or on Behalf of Infants or Incompetents,
Wrongful Death Actions, and Actions for Conscious Pain and Suffering of the Decedent
PRE-2024 COMMITTEE NOTE
The Committee believes that paragraph (b) of this Local Civil Rule should logically
apply to actions for conscious pain and suffering of the decedent as well as to wrongful
death actions, and therefore recommends that the present distinction between the
Southern and Eastern District versions of the Local Rule in this regard be eliminated.
Local Civil Rule 83.3. Habeas Corpus
PRE-2024 COMMITTEE NOTE
The Committee believes that this Local Civil Rule performs a very useful function by
establishing a presumptive rule that habeas corpus applications shall be filed, heard,
and determined in the district within which conviction and sentencing occurred.
Local Civil Rule 83.4. Publication of Required Public Notices [formerly Local Civil
Rule 83.6]
PRE-2024 COMMITTEE NOTE
This Local Civil Rule continues to be useful in foreclosure and execution cases. The
Committee recommends that new introductory language be added to recognize that
other means of notice may be authorized by such provisions as Rule G(4)(a)(iv) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions,
which became effective in 2007.
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2024 COMMITTEE NOTE
The Committee replaces the term “Advertisement” with “Notice” to avoid any
confusion about whether the Local Civil Rules apply broadly to notices. The language
has also been updated to reflect that the rule applies to notices published by a party.
Local Civil Rule 83.5. Notice of Sale [formerly Local Civil Rule 83.7]
PRE-2024 COMMITTEE NOTE
As with Local Civil Rule 83.3, this Local Civil Rule continues to be useful in foreclosure
and execution cases.
Local Civil Rule 83.6. Contempt Proceedings in Civil Cases [formerly Local Civil
Rule 83.9]
PRE-2024 COMMITTEE NOTE
The Committee recommends the deletion of the second sentence of paragraph (c) of this
Local Civil Rule on the ground that it is substantive rather than procedural in nature.
See generally Armstrong v. Guccione, 470 F.3d 89 (2d Cir.), cert. denied, 552 U.S. 989 (2007).
Local Civil Rule 83.7. Court-Annexed Arbitration (Eastern District Only) [formerly
Local Civil Rule 83.10]
PRE-2024 COMMITTEE NOTE
Because this Local Civil Rule has been recently reviewed and updated by the Court, the
Committee has not undertaken to review it in detail.
Local Civil Rule 83.8. Court-Annexed Mediation (Eastern District Only) [formerly
Local Civil Rule 83.11]
PRE-2024 COMMITTEE NOTE
Because this Local Civil Rule has been recently reviewed and updated by the Court, the
Committee has not undertaken to review it in detail.
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2026 COMMITTEE NOTE
Local Rule 83.8 has been revised to align with the Court’s current mediation practices
and includes provisions required by statue or used for funding purposes. The revision
also refers to the “Procedures of the Mediation Program for the Eastern District of New
York” to increase flexibility in the administration of the Mediation Program and reduce
the need to frequently revise the rule.
Local Civil Rule 83.9. Alternative Dispute Resolution (Southern District Only)
[formerly Local Civil Rule 83.12]
PRE-2024 COMMITTEE NOTE
Local Civil Rule 83.9 has been revised to refer to the “Procedures of the Mediation
Program for the Southern District of New York.” This revision is intended to increase
flexibility in the administration of the Mediation Program. Local Civil Rule 83.9 has
been revised to make clear that judicial settlement conferences are an available form of
alternative dispute resolution.
2026 COMMITTEE NOTE
The rule has been amended to give to the judge or judges appointed by the chief judge
to oversee the mediation program the authority to adjudicate allegations that a party or
a party’s attorney has failed to comply with the procedures of the Mediation Program.
This authorization has no effect on the authority of the Committee on Grievances, see
Local Civil Rule 1.5, or of a presiding judge to impose sanctions or otherwise address
any allegations brought before them.
Local Civil Rule 83.10. Plan for Certain § 1983 Cases Against Police Department
Employees (Southern District Only)
2026 COMMITTEE NOTE
The rule has been amended to create a single protocol for civil cases filed by
represented plaintiffs alleging the use of excessive force, false arrest, or malicious
prosecution by employees of a police department in violation of 42 U.S.C. § 1983,
regardless of whether the case is assigned to Manhattan or White Plains. It has also been
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amended to provide that referral to the Mediation Program or to a magistrate judge for
settlement purposes is at the discretion of the presiding judge rather than automatic.
Finally, the amendment incorporates into the rule (and updates to reflect current
practices) the list of items that a defendant must serve on a plaintiff and, relatedly,
eliminates references to attached exhibits that had been in the policy before it was
codified as a rule.
Local Civil Rule 87.1. Civil Rules Emergency
2024 COMMITTEE NOTE
New Local Rule 87.1 has been added to supplement proposed new Fed. R. Civ. P. 87,
which permits the Judicial Conference to declare a Rules Emergency.
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COMMITTEE NOTES: LOCAL SOCIAL SECURITY RULES
Local Social Security Rule 1.1. Application of Rules
2025 COMMITTEE NOTE
Effective December 1, 2022, there are Supplemental Social Security Rules that govern
reviews of § 405(g) decisions. These Local Social Security Rules codify and expand
upon existing district-wide orders (EDNY Administrative Order No. 2023-19; SDNY
Standing Order No. M10-468), put in place to govern cases filed pursuant to the
Supplemental Social Security Rules. The Local Social Security Rules apply only to
actions filed on or after January 2, 2025; actions filed before that date remain subject to
the relevant district-wide order.
Local Social Security Rule 4.1. Motions for Extensions of Time and Scheduling
Orders
2025 COMMITTEE NOTE
Prior to the enactment of the Supplemental Social Security Rules, both districts
provided the plaintiff with 60 days after the filing of the certified transcript of the
administrative proceedings to file an opening brief, with the Commissioner’s brief due
60 days thereafter, and any reply due 21 days later. (SDNY Standing Order No. M10-
468; EDNY Administrative Order 2015-05.) The Supplemental Social Security Rules had
the effect of displacing these existing district-wide Orders, and shortening the long-
established timeframes to 30 days for opening or opposition briefs and 21 days for reply
briefs. In light of the history of longer deadlines, and the expectation that the parties
will frequently seek extensions of the default deadlines in the Supplemental Social
Security Rules, this Local Social Security Rule establishes a process for seeking such
extensions.
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Local Social Security Rule 5.1. Default Form and Length for Briefs
2025 COMMITTEE NOTE
The Supplemental Rules for Social Security Actions do not specify the form or length
limits for the parties’ briefs. To promote uniformity, and in recognition that each action
governed by the Supplemental Rules is essentially appellate in character, seeking
review of a single individual’s claims on a single administrative record, this Local Social
Security Rule incorporates the form requirements set forth in Local Civil Rule 7.1(b) and
establishes default length limits for the briefs. The rule provides page limits if a party is
not represented by an attorney and the brief is handwritten or prepared with a
typewriter because a word limit for such submissions would be impracticable.
Local Social Security Rule 7.1. Obligations of Commissioner in Pro Se Cases
2025 COMMITTEE NOTE
Local Social Security Rules 7.1 and 8.1 clarify the procedure to be used when a plaintiff
proceeding pro se fails to file an opening brief as required by Supplemental Social
Security Rule 6. In order to ensure that the court has the benefit of at least one party's
analysis, the Commissioner is still obligated to file a brief, with the deadline that would
have been in place—unless extended—had plaintiff filed an opening brief. The Local
Social Security Rules also clarify that a plaintiff, despite not filing an opening brief, may
still oppose the relief sought by the Commissioner (in the form of an opposition brief),
but neither side may file a reply brief in such circumstances, absent leave of court. The
default word limits in Local Social Security Rule 5.1 apply to any submission under this
rule.
Local Social Security Rule 8.1. Opposition and Reply Briefs in Pro Se Cases
2025 COMMITTEE NOTE
Local Social Security Rules 7.1 and 8.1 clarify the procedure to be used when a plaintiff
proceeding pro se fails to file an opening brief as required by Supplemental Social
Security Rule 6. In order to ensure that the court has the benefit of at least one party's
analysis, the Commissioner is still obligated to file a brief, with the deadline that would
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have been in place—unless extended—had plaintiff filed an opening brief. The Local
Social Security Rules also clarify that a plaintiff, despite not filing an opening brief, may
still oppose the relief sought by the Commissioner (in the form of an opposition brief),
but neither side may file a reply brief in such circumstances, absent leave of court. The
default word limits in Local Social Security Rule 5.1 apply to any submission under this
rule.
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COMMITTEE NOTES: LOCAL CRIMINAL RULES
Local Criminal Rule 1.1. Application of Rules
PRE-2024 COMMITTEE NOTE
The titles of cross-referenced rules have been added for clarity. The parenthetical to
Local Civil Rule 1.6 harmonizes that rule’s otherwise broad concept of relatedness with
the narrow concepts of relatedness specified in the Courts’ Rules (SDNY) or Guidelines
(EDNY) for the Division of Business. Finally, the Committee believed it useful to add
cross-references to Local Civil Rules 5.2, 5.3, 6.2, 58.1 and 67.1, since they address
procedures useful in criminal as well as in civil proceedings.
2024 COMMITTEE NOTE
The list of local civil rules that apply in criminal cases has been updated to correspond
to changes made to the civil rules. In particular, Local Rule 1.6 was added to the list
because the Eastern District of New York has, in its Division of Business Rules,
requirements for lawyers in related criminal cases. Local Civil Rule 72.1 was also added
to the list because it applies to criminal proceedings under Local Criminal Rule 59.1.
2026 COMMITTEE NOTE
New Local Civil Rule 1.4.1, governing student practice, has been added to the list of
rules that apply in criminal cases.
Local Criminal Rule 1.2. Notice of Appearance
PRE-2024 COMMITTEE NOTE
This rule, derived from former Local Criminal Rule 44.1, has been renumbered to place
it in closer proximity to the cross-references in Local Criminal Rule 1.1 to admission to
the bar and withdrawal from a case. Former Local Criminal Rule 44.1(b) has been
stricken. That rule required attorneys to submit a certificate of good standing from at
least one of the states in which the attorney was admitted and was intended to ensure
that criminal defendants are in fact represented by admitted attorneys. However, the
rule only required an attorney to submit such a certificate once and thus does not
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appear to serve a substantially different function from the provisions of Local Civil Rule
1.3 on admission to the bar. In addition, former Local Criminal Rule 44.1(b) did not
appear to be enforced in practice.
Local Criminal Rule 16.1. Good Faith Requirement for Discovery Motions
PRE-2024 COMMITTEE NOTE
The rule was simplified to refer to “a bill of particulars or any discovery matter,” and to
make clear that the requisite certification could be filed as part of the motion papers.
2024 COMMITTEE NOTE
The title of this rule has been updated to avoid confusion with Fed. R. Crim. P. 16.1,
which was enacted in 2019 and requires a “pretrial discovery conference” between
counsel.
Local Criminal Rule 16.2. Timeline for Expert Discovery
2025 COMMITTEE NOTE
Fed. R. of Crim. P. 16(a)(1)(G) requires the court, by order or local rule, to set a time for
the disclosure of information regarding expert witnesses. A local rule setting those time
limits subject to contrary order of the court provides judges and attorneys with a
default rule that will apply without the need for entry of an order in every individual
case, while also providing the flexibility needed to set a different schedule for
disclosures when circumstances warrant.
Local Criminal Rule 23.1. Free Press-Fair Trial Directives
PRE-2024 COMMITTEE NOTE
This rule was the subject of substantial debate and compromise at the time of the 1997
revisions to the Local Rules. During the 2011 revision, the Committee, in the absence of
intervening decisions substantially impacting the subject of the rule, decided not to
recommend any changes to the rule.
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Local Criminal Rule 45.1. Computation of Time [Withdrawn]
2024 COMMITTEE NOTE
This rule has been withdrawn. Fed. R. Crim. P. 45 now governs computing and
extending time.
Local Criminal Rule 47.1. Applications for Ex Parte Orders
PRE-2024 COMMITTEE NOTE
This rule, former Local Criminal Rule 1.2, was renumbered to associate it with the
relevant Fed. R. Crim. P. 47.
Local Criminal Rule 49.1. Motion Deadlines and Reconsideration Motions
PRE-2024 COMMITTEE NOTE
This rule, former Local Criminal Rule 12.1, was renumbered to associate it with the Fed.
R. Crim. P. 49. The phrase “filed and” was added to the text of subparts (a)-(c). Former
subpart (d), relating to computation of time, was deleted as duplicative of Local
Criminal Rule 45.1. A new subpart (d) was added to provide guidance regarding
motions for reconsideration in criminal cases.
2024 COMMITTEE NOTE
The local criminal rule was reorganized for clarity and the title was updated. This rule
has been amended to remove references to service of papers in light of the 2018
amendments to Fed. R. Crim. P. 49, which comprehensively deal with the service of
papers. In addition, page limits were added for such motions.
Local Criminal Rule 49.2. Pro Se Submissions by a Represented Defendant
2025 COMMITTEE NOTE
Local Criminal Rule 49.2 serves several salutary purposes. First, it confirms and codifies
the court’s inherent authority to reject most pro se submissions by a represented
defendant. See United States v. Hage, 74 F.4th 90, 94 (2d Cir. 2023) (Nardini, J., in
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chambers) (explaining that allowing pro se submissions by a represented defendant, at
least when “the defendant makes no claim that his counsel was not adequately
representing him,” is “not only unnecessary; it is also unwise”) (internal quotation
marks omitted). Second, it protects defendants from unwittingly disclosing information
that is privileged or making statements that could be used against the defendant in the
case. Third, it establishes an efficient default process for dealing with what in some
cases may be numerous pro se submissions from a represented defendant, yet provides
judges with the flexibility to deviate from the default and handle any such submission
as they see fit. Cf. United States v. Tutino, 883 F.2d 1125, 1141 (2d Cir. 1989) (holding that
the “decision to grant or deny ‘hybrid representation’ lies solely within the discretion of
trial court”). Fourth, by ensuring that any pro se submission is forwarded to counsel for
the defendant, it gives counsel the opportunity to take appropriate action, including but
not limited to pursuing any matter set forth in the submission or explaining to the
defendant why any matter in the submission should not be pursued. Finally, it ensures
that any pro se submission by a represented party is made part of the record in case it
should it be relevant in later proceedings.
Local Criminal Rule 58.1. Petty Offenses — Collateral and Appearance
PRE-2024 COMMITTEE NOTE
This rule (formerly Local Criminal Rule 58.2) authorizes the forfeiture of collateral
pursuant to Fed. R. Crim. P. 58(d)(1).
Local Criminal Rule 59.1. Powers of Magistrate Judges
PRE-2024 COMMITTEE NOTE
This rule, formerly Local Criminal Rule 58.1, has been redesignated Local Criminal Rule
59.1 to associate it with Fed. R. Crim. P. 59. The general statutory authority of
Magistrate Judges is set forth in 28 U.S.C. § 636; however, certain provisions, including
18 U.S.C. §§ 3401 & 3184, and 28 U.S.C. § 636(c), require specific authorization by the
District Court for the Magistrate Judge to exercise the designated authority. This rule,
and Local Civil Rule 72.1, which new subpart (c) specifically makes applicable to
criminal proceedings, confirm and continue the Courts’ intent to give their Magistrate
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Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 20252026
Judges the maximum powers authorized by law. For the sake of clarity, the titles of the
statutes referenced in the rule have been added. Former subpart (c), relating to the
power of Magistrate Judges to issue subpoenas and writs, has been stricken as
duplicative–the same provision already appears in Local Civil Rule 72.1(c) and will thus
continue to apply in criminal proceedings.
2024 COMMITTEE NOTE
The reference to “Full-Time” has been eliminated to account for part-time magistrate
judges who also hear misdemeanor cases. The title of 18 USC § 3401 has been corrected.
Finally, the last two sentences of subsection (a) have been eliminated because they
reflected outdated practices and because assignments of criminal cases are now covered
in the Division of Business Rules.
Local Criminal Rule 62.1:. Criminal Rules Emergency
2024 COMMITTEE NOTE
New Local Criminal Rule 62.1 has been added to supplement proposed new Fed. R.
Crim. P. 62, which permits the Judicial Conference to declare a Rules Emergency.
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