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.

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.