Criminal Rules Emergency ........................................................... 46

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LOCAL CIVIL RULES

Local Civil Rule 1.1. Application of Rules

These Local Civil Rules are promulgated under 28 U.S.C. § 2071 and Fed. R. Civ. P. 83.

They apply in all civil actions and proceedings governed by the Federal Rules of Civil

Procedure. Each district has, under 28 U.S.C. § 137, separately adopted Division of

Business Rules that are available on their respective websites.

These Local Civil Rules take effect on January 2, 2026 (the “Effective Date”) and govern

actions pending or filed on or after that date. For actions pending on the Effective Date,

if fewer than 14 days remain to perform an action governed by these Rules, the

provisions of the previous Local Civil Rules effective on January 1, 2026, will govern.

Any reference to “this court” in the Local Civil Rules means the court in which the

relevant proceeding is pending.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.2. Night Depository

A night depository with an automatic date stamp will be maintained by the clerk of the

Southern District in the Pearl Street Courthouse and by the clerk of the Eastern District

in the Brooklyn and Central Islip Courthouses. After regular business hours, papers for

the district court may be deposited only in the night depository. Those papers will be

considered as having been filed in the district court as of the date stamped thereon,

which will be deemed presumptively correct. Filings that must be made via the

Electronic Case Filing (ECF) system may not be made by using the night depository.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.3. Admission to the Bar

(a) A member in good standing of the bar of the State of New York, or a member in

good standing of the bar of the United States District Court in Connecticut or

Vermont and of the bar of the State in which that district court is located, if that

district court by its rule extends a corresponding privilege to members of the bar of

the Southern or Eastern Districts of New York, may be admitted to practice in the

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Southern or Eastern District of New York on compliance with the following

provisions:

(b) Each applicant for admission must file an application for admission in electronic

form and pay the required fee through the Public Access to Court Electronic

Records (PACER) system at www.pacer.gov. This one application will be utilized

both to admit and then to provide the applicant to the bar of this court with

electronic filing privileges for use on the court’s ECF system. The applicant must

adhere to all applicable rules of admission.

(c) The application for admission must state:

(1) applicant’s residence and office address;

(2)

the date(s) when, and courts where, admitted;

(3) applicant’s legal training and experience;

(4) whether applicant has ever been held in contempt of court, and, if so, the

nature of the contempt and the final disposition thereof;

(5) whether applicant has ever been censured, suspended, disbarred, or denied

admission or readmission by any court, and, if so, the facts and circumstances

connected therewith;

(6)

that applicant has read and is familiar with

(A)

the provisions of the Judicial Code (Title 28, U.S.C.) concerning the

jurisdiction of, and practice in, the United States district courts;

(B)

the Federal Rules of Civil Procedure;

(C) the Federal Rules of Criminal Procedure;

(D) the Federal Rules of Evidence;

(E)

the Local Rules of the United States District Courts for the Southern and

Eastern Districts of New York; and

(F)

the New York State Rules of Professional Conduct as adopted from time

to time by the Appellate Divisions of the State of New York; and

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(7)

that applicant will faithfully adhere to all rules applicable to applicant’s

conduct in connection with any activities in this court.

(d) The application must be accompanied by a certificate of the clerk of the court for

each of the states in which the applicant is a member of the bar, which has been

issued within 30 days of filing and states that the applicant is a member in good

standing of the bar of that state court. The application must also be accompanied

by an affidavit of an attorney of this court who has known the applicant for at least

one year, stating when the affiant was admitted to practice in this court, how long

and under what circumstances the attorney has known the applicant, and what the

attorney knows of the applicant's character and experience at the bar.

(e) Absent court order, the clerk will schedule a date for a hearing on the application,

and at the hearing, the attorney whose affidavit accompanied the application

must, for the Eastern District, and may, and is encouraged to, for the Southern

District, personally move the admission of the applicant. If the application is

granted, the applicant will take the oath of office.

(f) A member of the bar of the state of New York, Connecticut, or Vermont who has

been admitted to the bar of this court under this subsection, and who thereafter

voluntarily resigns from membership in the bar of the state under which he was

admitted to the bar of this court, and who does not within 30 days of that

voluntary resignation file an affidavit with the clerk of this court indicating that

such person remains eligible to be admitted to the bar of this court under other

provisions of this subsection (such as because he is still a member of the bar of

another eligible state and, where applicable, a corresponding district court), will be

deemed to have voluntarily resigned from the bar of this court as of the same date

the member resigned from the bar of the underlying state, but the resignation will

not be deemed to deprive this court of jurisdiction to impose discipline on this

person, in accordance with Rule 1.5 infra, for conduct preceding the date of the

resignation.

(g) A member in good standing of the bar of either the Southern or Eastern District

may be admitted to the bar of the other district without formal application

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(1) upon electronically filing through the PACER website a certificate of the clerk

of the United States district court for the district in which the applicant is a

member of the bar, which has been issued within 30 days of filing and states

that the applicant is a member in good standing of the bar of that court;

(2) upon an affidavit by the applicant stating

(A) whether the applicant has ever been convicted of a felony,

(B) whether the applicant has ever been censured, suspended, disbarred, or

denied admission or readmission by any court,

(C) whether there are any disciplinary proceedings presently against the

applicant, and

(D) the facts and circumstances surrounding any affirmative responses to (a)

through (c); and

(3) upon taking the oath of office and paying the fee required in that district.

(h) Each district retains the right to deny admission based on the content of the

affidavit in response to item (b)(2).

(i) A member in good standing of the bar of any state or of any United States district

court may be permitted to argue or try a particular case in whole or in part as

counsel or advocate, upon motion as described below.

(j) After requesting pro hac vice electronic filing privileges through the PACER

website, applicants must electronically file a motion for admission pro hac vice on

the court’s ECF system and pay the required fee.

(k) The motion must be accompanied by a certificate of the court for each of the states

in which the applicant is a member of the bar that has been issued within 30 days

of filing and states that the applicant is a member in good standing of the bar of

that state court, and an affidavit by the applicant stating

(1) whether the applicant has ever been convicted of a felony,

(2) whether the applicant has ever been censured, suspended, disbarred, or

denied admission or readmission by any court,

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(3) whether there are any disciplinary proceedings presently against the

applicant, and

(4)

the facts and circumstances surrounding any affirmative responses to

(a) through (c);

(l) Attorneys appearing for the Department of Justice may appear before the court

without requesting pro hac vice admission. Those attorneys must request

electronic filing privileges through the PACER website. Attorneys appearing for

other federal agencies must move for pro hac vice admission, but the fee

requirement is waived, and the certificate(s) of good standing may must have been

issued within one year of filing. Only an attorney who has been so admitted or

who is a member of the bar of this court may enter appearances for parties, sign

stipulations, or receive payments on judgments, decrees, or orders.

If the office address of an attorney who is a member of the bar of this court, or who

has been authorized to appear in a case in this court, changes, the attorney must

immediately update the relevant information in the PACER system and serve and

file a notice of change of address in each pending case in which the attorney has

appeared.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.4. Attorney Appearances; Withdrawal or Displacement of Attorney of Record; Limited-Scope Representation

(a) Attorney appearances. Except as otherwise set forth in this rule, each attorney

appearing on behalf of a party must file a notice of appearance promptly on or

before the attorney’s first appearance in court or filing in the case. The notice of

appearance must provide the attorney’s name, any firm or organizational

affiliation, business address, telephone number, email address, and the name of

the party or parties represented.

An attorney who files a case-initiating document, such as a complaint, petition, or

notice of removal, need not file a separate notice of appearance; such an attorney

shall be deemed to have entered a notice of appearance on behalf of the party or

parties on whose behalf the filing is made.

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(b) Attorney withdrawals. Except where an attorney has filed a notice of limited-scope

appearance as set forth in subsection (c), an attorney who has appeared for a party

may be relieved or displaced only by order of the court. Such an order may be

issued following the filing of a motion to withdraw, and only upon a showing by

affidavit or otherwise of satisfactory reasons for withdrawal or displacement and

the posture of the case, and whether or not the attorney is asserting a retaining or

charging lien. While a motion to withdraw is required whenever an attorney seeks

to be relieved, an affidavit is unnecessary if (1) another attorney from the same

firm, agency, or organization has already entered a notice of appearance on behalf

of the client and will remain in the case or (2) upon substitution of counsel by

stipulation, if the stipulation is also signed by the client and, at the time of

substitution, the new attorney does not intend to seek modification of any existing

deadlines or dates for court appearances in the case.

All motions to withdraw must be served upon the client and (unless excused by

the court) upon all other parties. Proof of such service upon the client shall be filed

on the docket in each case where withdrawal is sought.

(c) Limited-scope representation. Unless otherwise ordered by the court, an attorney

may provide limited-scope representation to a party in a civil case.

(1) Where a party and an attorney have agreed to limited-scope representation,

the attorney must file a notice that describes the scope of the representation

for any matter that may require the attorney to file papers with the court;

appear before a judge, arbitrator, or mediator; or communicate with opposing

counsel. Notice is not required if the attorney is providing short-term, limited

legal services under a program sponsored by a court, government agency, bar

association, or not-for-profit legal services organization unless the attorney

will file papers with the court; appear before a judge, arbitrator, or mediator;

or provide continuing representation in the matter. A party to whom limited-

scope representation is being provided or has been provided is considered

unrepresented regarding matters not designated in the notice of limited-

scope representation and regarding all matters unless attorneys for all other

parties have been provided with the notice of the limited-scope

representation.

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(2) During any period that a party receives limited-scope representation from an

attorney who has filed a notice of appearance, papers must be served on both

the party and the attorney.

(3) A limited-scope representation terminates without the need for leave of court

once the attorney files a notice stating that the tasks for which the appearance

was entered have been completed. The notice must include a certificate of

service on the client. If any attorney who has filed a notice of appearance

seeks to withdraw before completion of the limited-scope representation, the

attorney must follow the procedure set forth in subsection (b).

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.4.1. 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.

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(c)

In order to be eligible to appear, the law student must certify in writing that the

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(1)

is duly enrolled in a law school accredited by the American Bar Association.

The law student will be deemed to continue to satisfy this requirement

following graduation as long as the law student is preparing to take the first

applicable bar examination for which the law student is eligible, or, having

taken the examination, is awaiting the publication of the results or admission

to the bar after passing the examination;

(2) has completed at least two semesters of legal studies;

(3) has been certified by either the law school dean or his or her authorized

designee as qualified to provide the legal representation permitted by this

rule. Such certification may be withdrawn by the certifier at any time by filing

a notice in any case where the law student has appeared.

(4) will not ask for nor receive any compensation or remuneration of any kind

from the client. This rule does not affect the right of any party or other

attorney to seek or recover attorney’s fees.

(5)

is familiar and will comply with the New York Rules of Professional Conduct;

and

(6)

is familiar with the federal procedural and evidentiary rules relevant to the

action in which the law student is appearing, including any applicable federal

procedural or evidence rules, Local Rules, and individual rules of the

presiding judge.

(d) A law student who is supervised in accordance with this rule may:

(1) appear as counsel in court or at other proceedings, provided that the law

student is accompanied by the supervising attorney; and/or

(2) prepare and sign any document, provided that any such document is also

signed by the supervising attorney.

(e) The judge’s consent for the law student to appear may be withdrawn without

notice or hearing and without showing of cause. Unless a judge specifies

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otherwise, the withdrawal of consent by a judge, or a judge’s decision to decline a

law student’s request to appear, should not be considered a reflection on the

character or ability of the law student.

(f) Participation by law students under the rule should not be deemed a violation in

connection with the rules for admission to the bar of any jurisdiction concerning

practice of law before admission to the bar.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.5. Discipline of Attorneys

(a) Committee on Grievances. The chief judge will appoint a committee of the Board

of Judges known as the Committee on Grievances, which, under the direction of

the chief judge, will have charge of all matters relating to the discipline of

attorneys. Magistrate judges and district judges may serve on the Committee on

Grievances. The chief judge will also appoint a panel of attorneys who are

members of the bar of this court to advise or assist the Committee on Grievances.

At the direction of the Committee on Grievances or its chair, members of this panel

of attorneys may investigate complaints, may prepare and support statements of

charges, or may serve as members of hearing panels.

(b) Grounds for Discipline or Other Relief. Discipline or other relief, of the types set

forth in paragraph (c) below, may be imposed by the Committee on Grievances,

after notice and opportunity to respond as set forth in paragraph (d) below, if any

of the following grounds is found by clear and convincing evidence:

(1) Any member of the bar of this court has been convicted of a felony or

misdemeanor in any federal court, or in a court of any state or territory.

(2) Any member of the bar of this court has been disciplined by any federal court

or by a court of any state or territory.

(3) Any member of the bar of this court has resigned from the bar of any federal

court or of a court of any state or territory while an investigation into

allegations of misconduct by the attorney was pending.

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(4) Any member of the bar of this court has an infirmity that prevents the

attorney from engaging in the practice of law.

(5)

In connection with activities in this court, any attorney is found to have

engaged in conduct that violates the New York State Rules of Professional

Conduct. In interpreting these Rules of Professional Conduct, in the absence

of binding authority from the United States Supreme Court or the United

States Court of Appeals for the Second Circuit, this court, in the interests of

comity and predictability, will give due regard to decisions of the New York

Court of Appeals and other New York state courts, absent significant federal

interests.

(6) Any attorney not a member of the bar of this court has appeared at the bar of

this court without permission to do so.

(c) Types of Discipline or Other Relief

(1)

In the case of an attorney admitted to the bar of this court, discipline imposed

under paragraph (b)(1), (b)(2), (b)(3), or (b)(5) above may consist of a letter of

reprimand or admonition, censure, suspension, or an order striking the name

of the attorney from the roll of attorneys admitted to the bar of this court.

(2)

In the case of an attorney not admitted to the bar of this court, discipline

imposed under paragraph (b)(5) or (b)(6) above may consist of a letter of

reprimand or admonition, censure, or an order precluding the attorney from

again appearing at the bar of this court.

(3) Relief required under paragraph (b)(4) above will consist of suspending the

attorney from practice before this court.

(d) Procedure

(1)

If it appears that there exists a ground for discipline set forth in

paragraph (b)(1), (b)(2), or (b)(3), notice thereof must be served by the

Committee on Grievances on the attorney concerned by first class mail,

directed to the address of the attorney as shown on the rolls of this court

and to the last known address, if any, of the attorney as shown in the

complaint and any materials submitted therewith. Service shall be

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deemed complete upon mailing in accordance with the provisions of this

paragraph.

In all cases in which any federal court or a court of any state or territory

has entered an order disbarring or censuring an attorney or suspending

the attorney from practice, whether or not on consent, the notice shall be

served together with an order by the clerk of this court, to become

effective 24 days after the date of service on the attorney, disbarring or

censuring the attorney or suspending the attorney from practice in this

court on terms and conditions comparable to those set forth by the other

court of record. In all cases in which an attorney has resigned from the

bar of any federal court or of a court of any state or territory while an

investigation into allegations of misconduct by the attorney was

pending, even if the attorney remains admitted to the bar of any other

court, the notice shall be served together with an order entered by the

clerk for this court, to become effective 24 days after the date of service

on the attorney, deeming the attorney to have resigned from the bar of

this court.

Within 20 days of the date of service of either order, the attorney may

file a motion for modification or revocation of the order. This motion

must set forth with specificity the facts and principles relied on by the

attorney to show cause that a different disposition should be ordered by

this court. The timely filing of this motion will stay the effectiveness of

the order until a further order by this court.

If good cause is shown to hold an evidentiary hearing, the Committee on

Grievances may direct such a hearing under paragraph (d)(4) below.

If good cause is not shown to hold an evidentiary hearing, the

Committee on Grievances may proceed to impose discipline or to take

such other action as justice and this rule may require. If an evidentiary

hearing is held, the Committee may direct such interim relief pending

the hearing as justice may require.

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In all other cases, the notice shall be served together with an order by the

Committee on Grievances directing the attorney to show cause in

writing why discipline should not be imposed. If the attorney fails to

respond in writing to the order to show cause, or if the response fails to

show good cause to hold an evidentiary hearing, the Committee on

Grievances may proceed to impose discipline or to take such other

action as justice and this rule may require. If good cause is shown to

hold an evidentiary hearing, the Committee on Grievances may direct

such a hearing under paragraph (d)(4) below. If an evidentiary hearing

is held, the Committee may direct such interim relief pending the

hearing as justice may require.

(2)

In the case of a ground for discipline set forth in paragraph (b)(2) or

(b)(3) above, discipline may be imposed unless the attorney concerned

establishes by clear and convincing evidence (i) that there was such an

infirmity of proof of misconduct by the attorney as to give rise to the

clear conviction that this court could not, consistent with its duty, accept

as final the conclusion of the other court, or (ii) that the procedure

resulting in the investigation or discipline of the attorney by the other

court was so lacking in notice or opportunity to be heard as to constitute

a deprivation of due process, or (iii) that the imposition of discipline by

this court would result in grave injustice.

(3) Complaints in writing alleging any ground for discipline or other relief set

forth in paragraph (b) above shall be directed to the chief judge, who shall

refer those complaints to the Committee on Grievances. The Committee on

Grievances, by its chair, may designate an attorney, who may be selected

from the panel of attorneys established under paragraph (a) above, to

investigate the complaint, if it deems investigation necessary or warranted,

and to prepare a statement of charges, if the Committee deems that necessary

or warranted. Complaints, and any files based on them, shall be treated as

confidential unless ordered otherwise by the chief judge for good cause

shown or in accordance with paragraph (d)(5) below.

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(4) A statement of charges alleging a ground for discipline or other relief set

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forth in paragraph (b)(4), (b)(5), or (b)(6) shall be served on the attorney

concerned by certified mail, return receipt requested, directed to the address

of the attorney as shown on the rolls of this court and to the last known

address, if any, of the attorney as shown in the complaint and any materials

submitted therewith, together with an order by the Committee on Grievances

directing the attorney to show cause in writing why discipline or other relief

should not be imposed. Upon the respondent attorney's answer to the

charges the matter will be designated by the Committee on Grievances for a

prompt evidentiary hearing before a magistrate judge of the court or before a

panel of three attorneys, who may be selected from the panel of attorneys

established under paragraph (a) above. The magistrate judge or panel of

attorneys conducting the hearing may grant such prehearing discovery as

they determine to be necessary, shall hear witnesses called by the attorney

supporting the charges and by the respondent attorney, and may consider

such other evidence included in the record of the hearing as they deem

relevant and material. The magistrate judge or panel of attorneys conducting

the hearing must report their findings and recommendations in writing to the

Committee on Grievances and must serve them on the respondent attorney

and the attorney supporting the charges. After affording the respondent

attorney and the attorney supporting the charges an opportunity to respond

in writing to the report, or if no timely answer is made by the respondent

attorney, or if the Committee on Grievances determines that the answer raises

no issue requiring a hearing, the Committee on Grievances may proceed to

impose discipline or to take such action as justice and this rule may require.

(5) A duly constituted disciplinary authority of a New York state court may

request expedited disclosure of records or documents that are confidential for

use in an investigation or proceeding pending before the disciplinary

authority. The request shall be made in writing and submitted to the chair of

the Committee on Grievances. The request should, to the extent practicable,

identify the nature of the pending investigation or proceeding and the

specific records or documents sought. The request may also seek deferral of

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notice of the request for so long as the matter is in the investigative stage

before the disciplinary authority. Upon receipt of the request, the chair of the

Committee on Grievances may take any appropriate action and may refer the

request to the full Committee on Grievances. Confidential records and

documents disclosed to the disciplinary authority in response to the request

shall not be used for any purpose other than the investigation or proceeding

pending before the disciplinary authority.

(e) Reinstatement. Any attorney who has been suspended or precluded from

appearing in this court or whose name has been struck from the roll of the

members of the bar of this court may apply in writing to the chief judge, for good

cause shown, for the lifting of the suspension or preclusion or for reinstatement to

the rolls. The chief judge must refer this application to the Committee on

Grievances. The Committee on Grievances may refer the application to a

magistrate judge or hearing panel of attorneys (who may be the same magistrate

judge or panel of attorneys who previously heard the matter) for findings and

recommendations or may act upon the application without making such a referral.

Absent extraordinary circumstances, no such application will be granted unless

the attorney seeking reinstatement meets the requirements for admission set forth

in Local Civil Rule 1.3(a).

(f) Remedies for Misconduct. The remedies provided by this rule are in addition to

the remedies available to individual district judges and magistrate judges under

applicable law with respect to lawyers appearing before them. Individual district

judges and magistrate judges may also refer any matter to the chief judge for

referral to the Committee on Grievances to consider the imposition of discipline or

other relief under this rule.

(g) Notice to Other Courts. When an attorney is known to be admitted to practice in

the court of any state or territory, or in any other federal court, and has been

convicted of any crime, or disbarred, precluded from appearing, suspended, or

censured in this court, the clerk shall send to the other court or courts a certified or

electronic copy of the judgment of conviction or order of disbarment, preclusion,

suspension, or censure, a certified or electronic copy of the court’s opinion, if any,

and a statement of the attorney's last known office and residence address.

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(h) Duty of Attorney to Report Discipline

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(1)

In all cases in which any federal, state or territorial court, agency or tribunal

has entered an order disbarring or censuring an attorney admitted to the bar

of this court, or suspending the attorney from practice, whether or not on

consent, the attorney shall deliver a copy of the order to the clerk of this court

within 14 days after the entry of the order.

(2)

In all cases in which any member of the bar of this court has resigned from

the bar of any federal, state, or territorial court, agency, or tribunal while an

investigation into allegations of misconduct against the attorney was

pending, the attorney shall report that resignation to the clerk of this court

within 14 days after the submission of the resignation.

(3)

In all cases in which this court has entered an order disbarring or censuring

an attorney, or suspending the attorney from practice, whether or not on

consent, the attorney shall deliver a copy of the order within 14 days after the

entry of the order to the clerk of each federal, state, or territorial court,

agency, and tribunal in which the attorney has been admitted to practice.

(4) Any failure of an attorney to comply with the requirements of this Local Civil

Rule 1.5(h) will constitute a basis for discipline of that attorney under Local

Civil Rule 1.5(c).

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.6. Duty of Attorneys in Related Cases

Unless another attorney has already done so, each attorney appearing in a case must

bring to the attention of the court potentially related cases, to the extent required by the

Division of Business Rules in the district where the case was filed.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.7. Fees of Court Clerks and Reporters

(a) The clerk will not be required to render any service for which a fee is prescribed by

statute or by the Judicial Conference of the United States unless the fee for the

particular service is paid to the clerk in advance or the court orders otherwise.

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(b) An attorney appearing in any proceeding who orders a transcript of any trial,

hearing, or any other proceeding, is obligated to pay the cost thereof to the court

reporters of the court upon rendition of the invoice unless at the time of the order,

the attorney, in writing, advises the court reporter that only the client is obligated

to pay.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.8. Electronic Equipment and Recording, Broadcasting, and Streaming of Court Matters

(a) Unless authorized to do so by an administrative or standing order of the court, the

clerk, or the district executive, no one other than court officials engaged in the

conduct of court business shall:

(1) bring any camera, transmitter, receiver, recording device, cellular telephone,

computer or other electronic device into any courthouse; or

(2)

take a photograph or make an audio or video recording of any proceeding or

communication with the court, an employee of the court, or any person acting

at the direction of the court, including a mediator. No such authorization

shall be given with respect to a court proceeding or mediation unless

approved in advance by the presiding judge.

(b) Proceedings may not be broadcast or streamed unless authorized by the presiding

judge in accordance with Judicial Conference policy.

(c) The court may adopt additional policies governing the possession or use of

electronic equipment within any courthouse. Any such policy will be posted on

the court website or within any courthouse to which it applies.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 1.9. Acceptable Substitutes for Affidavits [formerly Local Civil Rule 1.10]

In situations in which any local rule provides for an affidavit or a verified statement, the

following are acceptable substitutes: (a) a statement subscribed under penalty of perjury

as prescribed in 28 U.S.C. § 1746; or (b) if accepted by the court as a substitute for an

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affidavit or a verified statement, (1) a statement signed by an attorney or by a party not

represented by an attorney in accordance with Fed. R. Civ. P. 11, or (2) an oral

representation on the record in open court.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 5.1. Filing of Discovery Materials [Withdrawn]

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 5.2. Requirements for Electronic Filing and Service; Electronic Signatures by Pro Se Parties; Duty to Review Underlying Orders

Counsel must serve and file papers by following the instructions regarding ECF

published on the website of each respective court, unless exempted from electronic

filing by court order or Fed. R. Civ. P. 5. Highly Sensitive Documents (HSDs) must be

filed in hard copy, in accordance with the order issued by each district governing those

documents.

In a case where a pro se party has not obtained electronic filing privileges, the United

States District Courts for the Eastern and Southern Districts of New York will accept

electronic submissions from pro se parties without electronic filing privileges pursuant

to certain requirements that will be set forth on each Court’s public website. Any

document submitted in accordance with these requirements must be signed by the

party in one of the following ways: (a) by signing the document and then scanning it;

(b) by using a digital signature; or (c) by typing: “/s/ [Party’s Name].”

Parties have an obligation to review the court’s actual order, decree, or judgment (on

ECF), which controls, and should not rely on the description on the docket or in the ECF

Notice of Electronic Filing (NEF).

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 5.3. Service by Overnight Delivery

Service on an attorney may be made by overnight delivery service. “Overnight delivery

service” means any delivery service that regularly accepts items for overnight delivery.

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Overnight delivery service will be deemed service by mail for purposes of Fed. R. Civ.

P. 5 and 6.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 6.1. Service and Filing of Motion Papers

Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided

otherwise by statute or rule, or by the court in a judge’s individual practices or in a

direction in a particular case, motion papers must be served and filed as follows:

(a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3),

(1) all motion papers must be served by the moving party on all other parties that

have appeared in the action, (2) any opposing or response papers must be served

within seven days after service of the moving papers, and (3) any reply papers

must be served within two days after service of the answering papers. In

computing periods of days, refer to Fed. R. Civ. P. 6.

(b) On all civil motions, petitions, and applications, other than those described in Rule

6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers

must be served by the moving party on all other parties that have appeared in the

action, (2) any opposing or response papers must be served within 14 days after

service of the moving papers, and (3) any reply papers must be served within

seven days after service of the answering papers. In computing periods of days,

refer to Fed. R. Civ. P. 6.

(c) Unless otherwise exempt, filing and service must be accomplished via ECF.

(d) No ex parte order, or order to show cause to bring on a motion, will be granted,

except upon a clear and specific showing by affidavit that contains good and

sufficient reasons why a procedure other than by notice of motion is necessary and

states whether a previous application for similar relief has been made.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 6.2. Orders on Motions

A memorandum signed by the court of the decision on a motion that does not finally

determine all claims for relief, or an oral decision on such a motion, will constitute the

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order unless the memorandum or oral decision directs the submission or settlement of

an order in more extended form. The notation in the docket of a memorandum or of an

oral decision that does not direct the submission or settlement of an order in more

extended form will constitute the entry of the order. Where an order in more extended

form is required to be submitted or settled, the notation in the docket of the order will

constitute the entry of the order.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 6.3. Motions for Reconsideration

Unless otherwise provided by the court or by statute or rule (such as Fed. R. Civ. P. 50,

52, and 59), a notice of motion for reconsideration must be served within 14 days after

the entry of the court’s order being challenged. There must be served with the notice of

motion a memorandum setting forth concisely the matters or controlling decisions

which the moving party believes the court has overlooked. The time periods for the

service of any answering and reply memoranda are governed by Local Civil Rule 6.1(a)

or (b). No party is to file an affidavit unless directed by the court. Unless otherwise

provided by the court, the length limitations for filings under this rule are as follows: if

filed by an attorney or prepared with a computer, briefs in support of and in response

to a motion may not exceed 3,500 words, and reply briefs may not exceed 1,750 words;

if filed by a party who is not represented by an attorney and handwritten or prepared

with a typewriter, briefs in support of and in response to a motion may not exceed 10

pages, and reply briefs may not exceed five pages. These limits do not include the

caption, any index, table of contents, table of authorities, signature blocks, or any

required certificates, but do include material contained in footnotes or endnotes. If a

brief is filed by an attorney or prepared with a computer, the party must also provide a

certificate of compliance as required by Local Civil Rule 7.1(c). To the extent the court

permits a party to submit briefs longer than these limits, and expresses those limits in

pages, each additional page must not contain more than 350 additional words if the

brief is filed by an attorney or prepared with a computer.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

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Local Civil Rule 6.4. Computation of Time [Withdrawn]

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 6.4. Motions in Limine

Unless the Court orders otherwise, any motion in limine must include a certification

from the moving party that, prior to filing the motion, the party conferred or attempted

to confer with the relevant other party or parties in a good faith effort to resolve the

issue or issues asserted in the motion without the intervention of the Court.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 7.1. Form and Length of Briefs, Motions, and Other Papers

Except for letter-motions as permitted by this or any other Rule, or as otherwise

directed by the court:

(a) Content of Motion Papers. All motions must include the following motion papers:

(1) A notice of motion, or an order to show cause signed by the court, which

must specify the applicable rules or statutes pursuant to which the motion is

brought, and must specify the relief sought by the motion;

(2) A memorandum of law, setting forth the cases and other authorities relied on

in support of the motion, and divided, under appropriate headings, into as

many parts as there are issues to be determined;

(3) Supporting affidavits and exhibits thereto containing any factual information

and portions of the record necessary for the decision of the motion; and

(4) All oppositions and replies with respect to motions must comply with

subsections (a)(2) and (3), and an opposing party who seeks relief that goes

beyond the denial of the motion must also comply with subsection (a)(1).

(b) Formatting Requirements for All Papers. The typeface, margins, and spacing of all

documents presented for filing must meet the following requirements:

(1) all text must be 12-point type or larger, except for text in footnotes which may

be 10-point type;

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(2) all documents must have at least one-inch margins on all sides;

(3) all text must be double-spaced, except for headings, text in footnotes, or block

quotations, which may be single-spaced.

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer,

briefs in support of and in response to a motion (except for motions for

reconsideration) may not exceed 8,750 words, and reply briefs may not exceed

3,500 words.

If filed by a party who is not represented by an attorney and handwritten or

prepared with a typewriter, briefs in support of and in response to a motion may

not exceed 25 pages, and reply briefs may not exceed 10 pages.

These limits do not include the caption, any index, table of contents, table of

authorities, signature blocks, or any required certificates, but do include material

contained in footnotes or endnotes.

If a brief is filed by an attorney or prepared with a computer, it must include a

certificate by the attorney, or party who is not represented by an attorney, that the

document complies with the word-count limitations. The person preparing the

certificate may rely on the word count of the word-processing program used to

prepare the document. The certificate must state the number of words in the

document. To the extent the court permits a party to submit briefs longer than

these limits, and expresses those limits in pages, each additional page must not

contain more than 350 additional words if the brief is filed by an attorney or

prepared with a computer.

(d) Briefs in Bankruptcy Appeals. Unless ordered otherwise by the district judge to

whom the appeal is assigned, appellate briefs on bankruptcy appeals must comply

with the briefing format and length specifications set forth in Federal Rules of

Bankruptcy Procedure 8015 to 8017.

(e) Letter-motions. Applications for extensions or adjournments, applications for a

premotion conference, and similar nondispositive matters may be brought by

letter-motion. Other motions cannot be brought by letter-motion unless authorized

by the judge’s individual practices or order issued in a particular case.

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For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 7.1.1. Disclosure Statement

For purposes of Fed. R. Civ. P. 7.1(b)(2), “promptly” means “within 14 days,” that is,

parties must file a supplemental disclosure statement within 14 days of the time there is

any change in the information required in a disclosure statement filed in accordance

with those rules.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 7.2. Authorities to Be Provided to Pro Se Litigants

In cases involving a pro se litigant, counsel must, when serving a memorandum of law

(or other submissions to the court), provide the pro se litigant (but not other counsel or

the court) with copies of cases and other authorities cited therein that are unpublished

or reported exclusively on computerized databases. Upon request, counsel must

provide the pro se litigant with copies of such unpublished cases and other authorities

as are cited in a decision of the court and were not previously cited by any party.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 11.1. Form of Pleadings, Motions, and Other Papers [Withdrawn]

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Civil Rule 12.1. Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings

A represented party moving to dismiss or for judgment on the pleadings against a party

proceeding pro se, who refers in support of the motion to matters outside the pleadings

as described in Fed. R. Civ. P. 12(b) or 12(c), must serve and file the following notice

with the full text of Fed. R. Civ. P. 56 attached at the time the motion is served.

If the court rules that a motion to dismiss or for judgment on the pleadings will be

treated as one for summary judgment under Fed. R. Civ. P. 56, and the movant has not

previously served and filed the notice required by this rule, the movant must amend the

form notice to reflect that fact and must serve and file the amended notice within 14

days of the court’s ruling.

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NOTICE TO PRO SE LITIGANT WHO OPPOSES A RULE 12 MOTION SUPPORTED BY MATTERS OUTSIDE THE PLEADINGS

The defendant in this case has moved to dismiss or for judgment on the pleadings

under Rule 12(b) or 12(c) of the Federal Rules of Civil Procedure, and has submitted

additional written materials. This means that the defendant has asked the court to

decide this case without a trial, based on these written materials. You are warned that

the court may treat this motion as a motion for summary judgment under Rule 56 of the

Federal Rules of Civil Procedure. For this reason, THE CLAIMS YOU ASSERT IN

YOUR COMP