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
July 1, 2025 S.D.N.Y. (212) 805-0800
E.D.N.Y. (718) 613-2600
The Eastern and Southern Districts of New York
Invite Public Comment on Proposed Changes to
the Courts’ Joint Local Rules
In accordance with Rule 83(a) of the Federal Rules of Civil Procedure and Rule 57(a) of the
Federal Rules of Criminal Procedure, the Boards of Judges of the Eastern and Southern Districts of
New York invite the public to comment on proposed changes to their Joint Local Rules. The
proposed amendments, which resulted in part from the work of a committee of representatives from
both courts and the bar in both districts, are made in reference to the Joint Local Rules in effect as
of January 2, 2025, which are available at:
https://www.nyed.uscourts.gov/local-rules-documents-and-administrative-orders
https://nysd.uscourts.gov/rules
The proposed amendments, which are attached to this Notice, include:
(1) rules authorizing law students to practice under the supervision of a duly admitted attorney
and subject to certain conditions (Local Civil Rule 1.4.1; Local Criminal Rule 1.1)
(Attachments A and B);
(2) authorization for unrepresented parties to sign and submit certain filings electronically
(amended Local Civil Rule 5.2) (Attachment C);
(3) a new rule requiring counsel to meet and confer in good faith before filing any motion in
limine in a civil case (Local Civil Rule 6.4) (Attachment D);
(4) clarification that an unrepresented party is not required to submit a redline of a proposed
amended pleading when seeking leave to amend (Local Civil Rule 15.1) (Attachment E);
(5) clarification that, in civil cases, the court has discretion to determine the length and order of
summations and whether to permit rebuttal (Local Civil Rule 39.2) (Attachment F);
(6) default word limits and formatting requirements for an objection to the decision of a
magistrate judge (Local Civil Rule 72.1) (Attachment G); and
(7) changes to the rules governing the court-annexed mediation programs in each District
(Local Civil Rules 83.8, 83.9, and 83.10) (Attachments H-1, H-2, and H-3).
Each proposal is followed by a committee note providing relevant context for the change. (As in the
current Joint Local Rules, notes for all rules will be consolidated in an Appendix.)
The proposed changes are contained in the attachments to this Notice. Where a proposed
change contemplates amending an existing rule, the proposal is either presented in redline form or is
followed immediately by a redline reflecting the changes from the existing rule(s).
There is a 90-day period during which comments may be provided, which begins today and
closes on September 29, 2025. Comments should be submitted only once. A comment submitted
through either court’s website or in letter form will be considered by both courts.
Comments submitted electronically are preferred, and may be submitted through a form
available on either court’s website at the following links:
https://www.nyed.uscourts.gov/proposed-amendments
https://nysd.uscourts.gov/rules/proposed-amendments
Alternatively, written comments may be submitted in letter form to:
Robert Rogers
Counsel to the Clerk of Court
United States District Court for the Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street
New York, New York 10007-1312
###
ATTACHMENT A
Local Civil Rule 1.4.1: 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.
(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.
ATTACHMENT A
(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
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.
2025 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.
ATTACHMENT B
Local Criminal Rule 1.1. Application of Rules
...
(b) In addition to Local Civil Rules referenced elsewhere in these Local Criminal Rules,
the following Local Civil Rules also apply in criminal proceedings:
...
1.4.1 Student Practice
...
For relevant historical context for this local rule, consult the Appendix of Commi8ee Notes.
2025 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.
ATTACHMENT C
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 websites. 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.
2025 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 personʹs 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.
ATTACHMENT D
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.
2025 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.
ATTACHMENT E
Local Civil Rule 15.1 Amendment of Pleadings
(a) Motions to Amend or Supplement Pleadings. All motions made by a represented
party under Except for motions made by pro se litigants, all motions made 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 represented 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 Commi8ee Notes.
2025 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.
2025 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 the
requirement to provide a redline of the proposed amended pleading; they need only
provide a clean copy of the proposed amended pleading.
ATTACHMENT F
PROPOSED REVISED LOCAL CIVIL RULE 39.2
Local Civil Rule 39.2. Order and Length of Summations
After the close of evidence in civil trials, the order of summation shall be determined in
the discretion of the CourtThe 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.
2025 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.
PRE-2016 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.
ATTACHMENT G
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 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 maSers, require parties, aSorneys 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 Actions of a Magistrate Judge
(1) Non-Dispositive MaSers. A party may serve and file objections to a
magistrate judge’s order on non-dispositive maSers, as provided in Fed. R.
Civ. P. 72(a). If a party files an objection to a magistrate judge’s order, 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 FormaSing. 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 formaSing requirements in Local
Civil Rule 7.1(b).
For relevant historical context for this local rule, consult the Appendix of Commi8ee Notes.
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
conferred by 28 U.S.C. § 636(c)(1). Local Civil Rule 72.1(b) and (c) confer useful
ATTACHMENT G
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-dispositive 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.”
2025 COMMITTEE NOTE
Local Civil Rule 72.1 was amended to impose length limitations and formaSing
requirements on briefs submiSed in connection with objections to decisions of
magistrate judges, which previously had, unlike other briefing, no default limits.
Because the issues will, by definition, have been addressed in prior briefing or
argument, the shorter word counts applicable to motions for reconsideration, set forth
in Local Rule 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.
ATTACHMENT H-1
Local Civil Rule 83.8. Court-Annexed Mediation (Eastern District Only) [formerly
Local Civil Rule 83.11]
(a) Definition: Mediation is a confidential process in which parties and counsel meet
with a neutral third party trained to facilitate se:lement discussions. The
mediator works with the parties to identify interests, probe the strengths and
weaknesses of each party’s legal position, and generate options to resolve the
dispute. Mediation is an expeditious and less costly form of dispute resolution
that provides litigants with creative solutions that are often unavailable in
traditional litigation.
(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
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 by issuing an
order referring the case to mediation.
(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 wri:en 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.
ATTACHMENT H-1
(2) The Court maintains a list of qualified mediators with extensive subject
ma:er expertise. A list of Panel Mediators is available on the Court’s website.
(3) Panel Mediators are compensated at a rate set by the Board of Judges and
posted on the Court’s website. Any party that is unable to pay the fee may
apply to the referring judge for a waiver of the fee.
(f) A:endance at Mediation Sessions
A party and/or representative (other than outside counsel) familiar with the
ma:er possessing full se:lement authority and the a:orney responsible for
handing the ma:er must a:end the mediation session unless the mediator
approves otherwise.
(g) Confidentiality
(1) The mediation shall be considered a se:lement 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
se:lement).
(h) Immunity of the Mediators. Panel Mediators are immune from liability or suit
with respect to their conduct in Court referred mediations to the maximum
extent permi:ed by applicable law.
2025 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.
ATTACHMENT H-1
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 seIlement 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.
(a) (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
(b) Judges 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
process, mediator qualifications, reporting, and related topics. Mediation
Procedures can be found on the Court’s website.
ATTACHMENT H-1
(d) Referrals to the Mediation Program
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.
(b)(a) (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.
(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
ATTACHMENT H-1
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.
(1) 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.
(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 wriIen order exempting a particular case from mediation
with or without the request of the parties.
(e) Mediators
(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 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
ATTACHMENT H-1
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.
(1) (c) 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
maIer expertise. A list of Panel Mediators is available on the Court’s website.
(c)(a) PanelAIendance 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
ATTACHMENT H-1
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)(a) (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.
(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
ATTACHMENT H-1
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 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 Mediators
(1)(3) (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..
(f) AIendance at Mediation Sessions
A party and/or representative (other than outside counsel) familiar with the
maIer possessing full seIlement authority and the aIorney responsible for
handing the maIer must aIend the mediation session unless the mediator
approves otherwise.
(g) Confidentiality
ATTACHMENT H-1
(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.
(1) (g) The mediation shall be considered a seIlement 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
seIlement).
(e)(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 permiIed by applicable law.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
2025 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.
ATTACHMENT H‐2
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.
(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.
(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
ATTACHMENT H‐2
available on the court’s official website (https://nysd.uscourts.gov) or from the
Mediation Office.
(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.
2025 COMMITTEE NOTE
ATTTACHMENT H‐2
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.
ATTACHMENT H-3
Local Civil Rule 83.10. Plan for Certain § 1983 Cases Against Police Department
Employees (Southern District Only)
Unless ordered otherwise, in any civil case filed by a represented plaintiff alleging the
use of excessive force, false arrest, or malicious prosecution by an employee of a police
department in violation of 42 U.S.C. § 1983, the procedures set forth below will apply,
except that the procedures and Protective Order identified in paragraphs (c) through (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 time that plaintiff serves the complaint, plaintiff must serve on defendant:
(i) a 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 such releases for the named putative class
representatives; and
(ii) if plaintiff seeks compensation for any physical or mental injury caused by
the conduct alleged in the complaint other than “garden variety” emotional
distress, a medical release for all medical and psychological treatment
records for those injuries. Where plaintiff has a pre-existing 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
releases on defendant for all records of treatment for the pre-existing
condition(s). Plaintiff should expect that a failure to serve the applicable
medical release(s) will constitute a waiver of plaintiff’s claims for
compensation for that physical or mental injury.
(b) Failure to Serve Releases
If plaintiff fails to serve a release in accordance with paragraph (a)(1)(i) on
defendant with the complaint, defendant must promptly send a letter to plaintiff's
counsel requesting the release and attaching a copy of this Rule.
(c) Time to Answer
If the release required by paragraph (a)(1)(i) is served on defendant at the time the
complaint is first served, 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 such release is served on a defendant after the complaint is
first served, each defendant will have the greater of (i) 60 days from the date the
ATTACHMENT H-3
release 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 an 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 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 an answer.
(2) Within 21 days after the first defendant files an answer, the parties must
exchange their initial disclosures.
(e) Limited Discovery
Within 28 days after the first defendant files an answer, the parties must complete
production of the following discovery.
(1) Defendant must serve on plaintiff:
(A) Subject to any applicable privileges, any of the following items, if available,
that were not part of the defendant’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;
ATTACHMENT H-3
(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
(xv) Handwritten Online Booking System forms.
(B) Any documents received from a district attorney’s office or a court regarding
the incident that forms the basis of the complaint.
(C) Any records or 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 investigation 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 defendant 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.
(D) For each defendant, any 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 used
excessive force, defendant will state whether that defendant has been or is
subject to any corrective action related to use of force.
(E) For each officer named as a defendant, a list identifying all prior section 1983
lawsuits filed against and served on the defendant.
(F) Any records obtained by defendant as a result of the 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.
(2) Plaintiff must serve on defendant:
(A) Any documents identified in paragraphs (e)(1)(A) and (B).
ATTACHMENT H-3
(B) Any medical records for which plaintiff has served 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 an 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 an answer, plaintiff must serve a
written settlement demand. Defendant must respond in writing to plaintiff’s
demand within 14 days thereafter. The parties must thereafter engage in settlement
negotiations.
(h) Letter to the Presiding Judge
Within 10 weeks after the first defendant files an answer, the parties must file a letter
with an update on the status of the case, including the following information:
(1) Unless the presiding judge has already scheduled or held an initial pretrial
conference, at least three dates on which the parties 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 believe that they
would benefit from such a referral.
(i) Mediation or Settlement Conference
Plaintiff must attend any mediation or settlement conference. Defendant’s
representative at any mediation or settlement conference must have full authority to
settle the case; if defendant requires additional approvals in order to settle,
defendant 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.
(j) 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.
ATTACHMENT H-3
(k) Protective Order
The Protective Order found 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.
2025 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
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.
ATTACHMENT H-3
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 (c)3 through (l)12 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 thea 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-existing 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-existing condition(s). Plaintiff should expect that a Ffailure to so
serve the above-described Medical Releaseapplicable medical release(s) will
constitute a waiver of plaintiff’s claims for compensation for that physical or
mental injury.
(b) Failure to Serve § 160.50 Release Releases
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. .
ATTACHMENT H-3
(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.
(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;
ATTACHMENT H-3
(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
(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
ATTACHMENT H-3
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.” .
(DE) 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.
(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 Se lement Conference
ATTACHMENT H-3
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
thanPresiding Judge
Within 1410 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:
(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 se lement conference is unsuccessful, the parties
must promptly request that the presiding judge schedule an initial pre-trial
conference.
ATTACHMENT H-3
(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.
2025 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
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.
