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

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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.

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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.