The Law Mind

Modification Of Rules

W.D.N.Y. RULE 83.9

Any of the foregoing rules shall, in special cases, be subject to such modification as may be necessary to meet emergencies or to avoid injustice or great hardship. INDEX Affidavit When Required (Rule 7), 22 Alternative Dispute Resolution, 31 Rule 16, 29 Appeals Bankruptcy, 51 Bankruptcy Appeals (Rule 81), 52 Effect on Judgment for Costs (Rule 54), 44 Exhibits Necessary for (Rule 79), 51 Magistrate Judge's Actions (Rule 72), 49 Record (Rule 7), 24 Attorneys Admission to Practice (Rule 83.1), 52 Bankruptcy, Admission to Practice (Rule 83.1), 54 Change of Address (Rule 83.1), 54 Civility Principles and Guidelines (Rule 83.1), 53 Discipline of (Rule 83.3), 57 Government Attorneys (Rule 83.1), 54 Local Counsel (Rule 83.2), 55 Notice of Appearance (Rule 83.2), 55 Notice of Order of Suspension or Disbarment (Rule 83.3), 59 Pro Bono Service (Rule 83.8), 64 Reimbursement of Expenses (Rule 83.8), 67 Signature Required (Rule 10), 28 Withdrawal of (Rule 83.2), 55 Bankruptcy Admission to Practice (Rule 83.1), 54 Appeals, Dismissal for Failure to Perfect (Rule 81), 52 Bankruptcy Appeal, 51 Briefs Page Limits (Rule 7), 21 Cameras Rule 83.5, 61 Case Assignment Rule 5.1, 11 Rule 5.2, 13 Rule 72, 49 Civil Cover Sheet Requirement Rule 3, 10 Class Actions Content of Initial Conference, Class Claims Alleged (Rule 16), 31 Rule 23, 34 Conferences Discovery, 35 Final Pretrial, 32 Initial Pretrial, 32 Rule 16, 29 Settlement, 32 Consent to Proceed Before a Magistrate Judge Rule 73, 50 Contempt Rule 83.4, 59 Copies Courtesy (Rule 7), 22 Date-Stamped Copies of Originals (Rule 5.1), 11 Local Rules (Rule 1.3), 9 Costs Generally (Rule 54), 44 Jury (Rule 11), 28 Sanctions (Rule 11), 28 Transcripts (Rule 54), 45 Video Deposition (Rule 54), 45 Videotaped Deposition (Rule 30), 41 Decedents’ Estates Approval of Settlements (Rule 41), 42 Default Judgment (Rule 55), 45 Definitions Generally (Rule 1.2), 9 Uniform for Discovery (Rule 26), 35 Demand for Settlement Rule 16, 32 Depositions Fair Notice (Rule 30), 39 Generally (Rule 30), 39 Production of Documents (Rule 30), 39 Videotaped (Rule 30), 40 Videotaped (Rule 54), 45 Discipline of Attorneys Rule 83.3, 57 Discovery Commencement of (Rule 26), 35 Conferences (Rule 16), 35 Deadlines (Rule 16), 31 Depositions, Non-Stenographic Means (Rule 30), 40 Filing of Materials (Rule 5.2), 13 Motion Procedures (Rule 7), 23 Proposed Plan (Rule 16), 29 Rule 16, 29 Rule 26, 35 Uniform Definitions (Rule 26), 36 Dismissal As Settled (Rule 41), 41 Failure to Notify Court of Address Change (Rule 5.2), 14 Failure to Prosecute (Rule 41), 42 District Court Fund Rule 83.1, 54 Exhibits Filing with Clerk of Court (Rule 79), 51 Generally (Rule 79), 51 Marking (Rule 16), 33 Pretrial Statement (Rule 16), 33 Unclaimed Exhibits (Rule 79), 51 Expedited Hearing Application for (Rule 7), 23 Failure to Prosecute Dismissal for (Rule 41), 42 Fees Advance Payment of (Rule 5.4), 17 Attorney Admission, 52 In Forma Pauperis (Rule 5.2), 12 Pro Hac Vice Admission (Rule 83.1), 54 Filing Affidavit (Rule 7), 22 Civil Cases (Rule 5.1), 11 Discovery Materials (Rule 5.2), 13 Electronic Case Filing System (Rule 5.1), 11 Form of Papers (Rule 10), 27 Memorandum of Law (Rule 7), 21 Motion for Summary Judgment (Rule 56), 46 Pleadings (Rule 5.1), 11 Filings Stipulations (Rule 29), 39 Habeas Corpus Petitions Rule 5.2, 12 In Limine Motions (Rule 30), 40 Incompetents Approval of Settlements (Rule 41), 41 Indigent Litigants Rule 5.2, 12 Infants Approval of Settlements (Rule 41), 41 Injunctions Rule 65, 48 Interrogatories Form of (Rule 26), 35 Judgment Default (Rule 55), 45 Satisfaction of (Rule 58), 47 Juries and Jurors Request for Trial in Removed Action (Rule 81), 52 Selection in Civil Cases (Rule 47), 43 Law Interns Student (Rule 83.7), 63 Law Students As Law Interns (Rule 83.7), 63 Practice By (Rule 83.6), 61 Local Counsel Rule 83.2, 55 Magistrate Judges As Part of the Court (Rule 1.2), 9 Authority Of (Rule 72), 49 Case Assignments (Rule 72), 49 Certification to District Judge (Rule 72), 50 Consent to Disposition (Rule 73), 50 Report and Recommendation (Rule 72), 50 Review and Appeal of (Rule 72), 49 Memorandum of Law Page Limits (Rule 7), 21 When Required (Rule 7), 21 Modification of Rules Rule 83.9, 68 Motions Civil Contempt (Rule 83.4), 59 Class Determination (Rule 83.4), 34 Courtesy Copies (Rule 7), 22 Discovery (Rule 7), 24 Ex Parte (Rule 7), 23 Expand Record on Appeal (Rule 7), 24 Expedited Hearing (Rule 7), 23 Filing (Rule 5.1), 11 In Limine (Rule 16), 33 Oral Argument (Rule 7), 23 Papers Required (Rule 7), 21 Preliminary Injunction (Rule 65), 48 Summary Judgment (Rule 56), 46 Temporary Restraining Order (Rule 65), 48 To Settle and Order (Rule 7), 23 Notice Filing of (Rule 7), 21 Of Availability of Magistrate Judge in Civil Cases (Rule 73), 50 Of Bankruptcy Appeal (Rule 81), 51 To Pro Se Litigants Opposing Summary Judgment (Rule 56), 47 Oral Argument Rule 7, 23 Orders Attorney Withdrawal, Grantable by Clerk of Court (Rule 83.2), 56 Motion to Settle (Rule 7), 23 Scheduling Orders (Rule 16), 31 Sealing Civil Complaints (Rule 5.3), 14 Page Limits Memoranda of Law (Rule 7), 21 Pleadings and Papers Amending (Rule 15), 29 Filing of (Rule 5.1), 11 Form of (Rule 10), 27 Overnight Delivery, Service of (Rule 5.1), 12 Service of (Rule 5.2), 13 Signature of Counsel (Rule 10), 28 Preliminary Injunctions Rule 65, 48 Pretrial Procedures in Civil Cases Rule 16, 29 Pretrial Statement Rule 16, 33 Privilege Claim of (Rule 26), 37 Pro Bono Counsel Appointments (Rule 83.8), 65 Reimbursement of Expenses (Rule 83.1), 67 Pro Se Actions, Generally, 12 Address of Litigant (Rule 5.2), 13 Filing of Discovery (Rule 5.2), 13 In Forma Pauperis (Rule 5.2), 12 Notice to Litigants Opposing Summary Judgment (Rule 56), 47 Service of Unpublished Opinions (Rule 7), 22 Recording Devices Rule 83.5, 61 Removal Jury Trial in Removed Actions (Rule 81), 52 Papers Necessary (Rule 81), 51 Requests for Admission Rule 26, 35 Requests to Produce Rule 26, 35 RICO Case Statement (Rule 9), 25
Official source: https://www.nywd.uscourts.gov/sites/nywd/files/2025%20Local%20Rules%20of%20Civil%20Procedu · retrieved 2026-07-23