Discovery Disputes

PRE-2013 COMMITTEE NOTE

The modes of raising discovery disputes with the Court are sufficiently different in the

Southern and Eastern Districts that the Committee is constrained to recommend the

21

Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026

continuation of two different rules – Local Civil Rule 37.2 applying to the Southern

District, and Local Civil Rule 37.3 applying to the Eastern District.

2013 COMMITTEE NOTE

This amendment would make clear that the request to the Court required by Local Civil

Rule 37.2 shall now be made by letter-motion as authorized by Local Civil Rule 7.1(d),

instead of by letter as before, without any substantive change in practice.

2024 COMMITTEE NOTE

Amended Local Civil Rule 37.2 simplifies practice by including both the E.D.N.Y. and

S.D.N.Y. under a single consolidated rule. The consolidated rule emphasizes that

litigants should consult the individual practices of judges before raising discovery

disputes, as individual practices often diverge from Local Civil Rule 37.2. It also

eliminates the reference to ECF filing, because all motions presumptively must be filed

on ECF. Lastly, it adds Rule 45 motions for subpoena enforcement to the motions

covered by the rule, because such motions are best understood as discovery motions.