Motion Papers

PRE-2013 COMMITTEE NOTE Recommended Local Civil Rule 7.1 is designed to collect in one place the requirements for motion papers. It includes the substance of the present Local Civil Rule 7.1 on memoranda of law, and of the present Local Civil Rule 7.2 regarding notices of motion and orders to show cause. The Committee believes that it will be helpful, especially to lawyers from out of state and to lawyers who practice primarily in the state courts, to have a Local Rule that sets forth the types of papers that are required in support of or in opposition to a motion. 2013 COMMITTEE NOTE Local Civil Rule 7.1(d) would authorize the use of letter-motions for applications for extensions or adjournments, applications for a premotion conference, and similar nondispositive matters. Pursuant to recommended Local Civil Rule 5.2(b), such letter-motions may be filed by ECF. The use of letter-motions is intended to follow existing practice in which counsel request certain nondispositive relief by letter. Using a letter-motion instead of a letter will ensure that the Court is aware that relief is requested (as distinguished from, for example, a status update letter where no relief is requested). Local Civil Rule 7.1(d) is Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 not intended to expand the types of motions that can be made by letter-motion. For example, motions to dismiss or motions for summary judgment may not be made by letter-motion.

Parties should remember to review the Individual Judge’s Practices for any pertinent restrictions on the filing of letter-motions, such as requirements for courtesy copies and any page limitations. 2016 COMMITTEE NOTE Local Rule 7.l(c) is amended to conform to the Federal Rules of Bankruptcy Procedure. 2024 COMMITTEE NOTE The subsection on letter-motions, subsection (d), was revised to specify the types of motions that may be brought by letter-motion and to make explicit that other motions may not be brought by letter-motion unless authorized by the presiding judge’s individual practices or by an order in a particular case. Counsel should consult the presiding judge’s individual practices, available on the court web sites, to confirm whether any specific type of motion may be brought via letter-motion. 2025 COMMITTEE NOTE The amendment includes a new subsection (c) to establish default lengths for memoranda of law (subject to a court order or a Judge’s individual practices) for all motions (other than motions for reconsideration, which are governed by Local Civil Rule 6.3) and, if a memorandum of law is filed by counsel or prepared with a computer, to require a certificate of compliance. The rule provides page limits if a party is not represented by an attorney and the brief is handwritten or prepared with a typewriter because a word limit for such submissions would be impracticable. The purpose of the new section is to ensure consistency across briefs in terms of the length of submissions, but the new section provides that these limits do not apply to letter briefs and may be altered by court order. In addition, relevant portions of Local Civil Rule 11.1 which separately addressed the form papers have been consolidated into Local Civil Rule 7.1, and outdated provisions deleted.

Joint Local Rules, S.D.N.Y. and E.D.N.Y.

Effective January 2, 2026 Local Civil Rule 7.1.1 Disclosure Statement PRE-2024 COMMITTEE NOTE The Committee believes that Local Civil Rule 7.1.1 continues to serve a useful purpose in helping to ensure that Judges will be given prompt notice of changes that might require consideration of possible recusal.