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.

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 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.

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 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)]

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.

[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 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.

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 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.

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 nonpublic 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 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;

(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 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.

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.

(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.

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.

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 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 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.

(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.

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 NOTES 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.