Service and Filing of Motion Papers

PRE-2013 COMMITTEE NOTE In the initial paragraph of Local Civil Rule 6.1, the Committee recommends the deletion of the parenthetical reference to Fed. R. Civ. P. 56, because Fed. R. Civ. P. 56, as amended effective December 1, 2010, no longer provides for a different period of time to make a motion for summary judgment than that prescribed by Local Civil Rule 6.1. In Local Civil Rule 6.1(c), the Committee recommends the deletion of the words “or upon application” in order to prevent any implication that oral argument will be granted automatically upon application. This change is not intended to suggest that the parties cannot apply to the Court for oral argument. 2013 COMMITTEE NOTE This is a conforming amendment designed to bring Local Civil Rule 6.1 into conformity with recommended new Local Civil Rule 7.1(d), which authorizes letter-motions in the case of certain nondispositive matters. 2024 COMMITTEE NOTE Local Civil Rule 6.1 has been amended in several respects. First, in light of the withdrawal of Local Civil Rule 6.4, references to that rule have been eliminated here. Second, because Local Civil Rule 7.1 explains what constitutes “motion papers,” there is no need to repeat here the types of papers that must accompany a motion—this rule now refers only to “motion papers,” “opposing and response papers,” and “reply papers.” Third, the revised rule makes clear that filing and service of motion papers must be accomplished via ECF, unless the filing ha`s been exempted. Fourth, the former subsection (c) of this rule, which was tied to the now-defunct practice of motions being filed with “return dates” returnable on a judge’s predetermined dates for oral argument, has been eliminated.

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