Electronic Filing and Service; Duty to Review Underlying

Orders

PRE-2013 COMMITTEE NOTE

The substance of the last sentence of Local Civil Rule 5.3(b) has been moved to this local

rule, so as to consolidate in this local rule everything in the Local Civil Rules dealing

with the subject of ECF. The local rule has been revised to refer to the instructions

regarding ECF on the website of each respective Court, because the instructions change

with sufficient frequency to make it unfeasible to incorporate them into the local rules.

2013 COMMITTEE NOTE

Recommended new Local Civil Rule 5.2(b) would authorize the filing of letter-motions

and letters to the Court by ECF. ECF filing of letters to the Court is already required by

the ECF instructions in the Eastern District of New York, and in the Southern District of

New York this Local Rule amendment would authorize (but not require) ECF filing of

letters to the Court that generally now are accepted by judges in the Southern District of

New York. Allowing such letters to be filed will improve the record on appeal in cases

where an appeal is taken and will allow the press and the public to follow more fully

what is happening in pending cases. Recommended Local Civil Rule 5.2(b) does not

authorize the filing of letters exchanged between the parties.

Parties should remember to review the Individual Judge’s Practices for any pertinent

restrictions on the filing of letters or letter-motions, such as requirements for courtesy

copies and any page limitations. Moreover, before filing a letter via ECF, parties should

consider whether the letter contains information about settlement discussions or

personal information (including medical information regarding a party or counsel) that

should not be in the public file, in which case the letter should be sent directly to

chambers instead of via ECF, or, in the Eastern District, if chambers permits, may be

filed under seal via ECF.

Recommended new Local Civil Rule 5.2(c) reminds parties that they should review the

actual order, decree, or judgment of the Court on ECF, rather than relying upon the

description of the order, decree, or judgment on the docket or in the ECF Notice of

Electronic Filing, which is often just a short summary of a more detailed order.

8

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

2024 COMMITTEE NOTE

Local Civil Rule 5.2 has been amended to avoid redundancy and inconsistency with

Fed. R. Civ. P. 5 regarding when service via electronic means is accomplished. The

revised rule makes clear that ECF filing is required unless the filing has been exempted

from ECF filing by court order or by Fed. R. Civ. P. 5. The revised rule also specifies that

Highly Sensitive Documents, as that term is defined in each district, must be filed in

hard copy rather than on ECF. And finally, the title of the rule has been updated to

more accurately reflect its scope.

2026 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 person’s 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.