LOCAL RULES OF THE UNITED STATES DISTRICT COURTS …

1 LOCAL RULES OF THE UNITED STATES DISTRICT COURTS FOR THE SOUTHERN AND EASTERN DISTRICTS OF NEW YORK Adopte d by the Boards of Judges of the Eastern DISTRICT of New York and the Southern DISTRICT of New York Approved by the Judicial Council of the Second Circuit Effective October 15, 2021 with amendments to Joint LOCAL Rule (d) i Table of Contents JOINT LOCAL civil RULES ..1 LOCAL civil Rule Application of RULES .. 1 LOCAL civil Rule Night Depository .. 1 LOCAL civil Rule Admission to the Bar .. 1 LOCAL civil Rule Withdrawal or Displacement of Attorney of Record .. 6 LOCAL civil Rule Discipline of Attorneys .. 7 LOCAL civil Rule Duty of Attorneys in Related Cases .. 13 LOCAL civil Rule Fees of Court Clerks and Reporters .. 14 LOCAL civil Rule Photographs, Radio, Recordings, Television .. 14 LOCAL civil Rule Acceptable Substitutes for Affidavits [formerly LOCAL civil Rule ].

2 15 LOCAL civil Rule Filing of Discovery Materials .. 16 LOCAL civil Rule Electronic Service and Filing of Documents .. 16 LOCAL civil Rule Service by Overnight Delivery .. 18 LOCAL civil Rule Service and Filing of Motion Papers .. 18 LOCAL civil Rule Orders on Motions .. 20 LOCAL civil Rule Motions for Reconsideration or Reargument .. 20 LOCAL civil Rule Computation of Time .. 21 LOCAL civil Rule Motion Papers .. 21 LOCAL civil Rule Disclosure Statement .. 23 LOCAL civil Rule Authorities to Be Provided to Pro Se Litigants .. 24 LOCAL civil Rule Form of Pleadings, Motions, and Other Papers .. 24 LOCAL civil Rule Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings .. 25 LOCAL civil Rule Exemptions from Mandatory Scheduling Order .. 26 LOCAL civil Rule Entry and Modification of Mandatory Scheduling Orders by Magistrate 27 LOCAL civil Rule Fees in Class Action and Shareholder Derivative Actions.

3 27 ii LOCAL civil Rule Address of Party and Original Owner of Claim to Be Furnished . 28 LOCAL civil Rule Assertion of Claim of Privilege .. 29 LOCAL civil Rule Uniform Definitions in Discovery Requests .. 30 LOCAL civil Rule Cooperation Among Counsel in Discovery [formerly LOCAL civil RULES and ] .. 32 LOCAL civil Rule Form Discovery Requests [formerly LOCAL civil Rule ] .. 33 LOCAL civil Rule Counsel Fees on Taking Depositions More Than 100 Miles From Courthouse .. 33 LOCAL civil Rule Telephonic and Other Remote Depositions [formerly LOCAL civil Rule ] .. 34 LOCAL civil Rule Persons Attending Depositions [formerly LOCAL civil Rule ] . 34 LOCAL civil Rule Conferences Between Deponent and Defending Attorney [formerly LOCAL civil Rule ] .. 35 [ LOCAL civil Rule Intentionally Omitted] .. 35 LOCAL civil Rule Standard Discovery in Prisoner Pro Se Actions .. 35 LOCAL civil Rule Interrogatories (Southern DISTRICT Only).

4 38 LOCAL civil Rule Verbatim Quotation of Discovery Materials .. 39 LOCAL civil Rule Mode of Raising Discovery Disputes With the Court (Southern DISTRICT Only) .. 39 LOCAL civil Rule Mode of Raising Discovery and Other Non-Dispositive Pretrial Disputes With the Court (Eastern DISTRICT Only) .. 40 LOCAL civil Rule Custody of Trial and Hearing Exhibits .. 41 LOCAL civil Rule Order of Summation .. 42 LOCAL civil Rule Assessment of Jury Costs .. 42 LOCAL civil Rule Masters .. 43 LOCAL civil Rule Taxable Costs .. 43 LOCAL civil Rule Security for Costs .. 49 LOCAL civil Rule Entering Satisfaction of Money Judgment .. 49 LOCAL civil Rule Certificate of Default .. 50 LOCAL civil Rule Default Judgment .. 51 LOCAL civil Rule Statements of Material Facts on Motion for Summary Judgment 52 iii LOCAL civil Rule Notice to Pro Se Litigant Who Opposes a Summary Judgment .. 53 LOCAL civil Rule Remand by an Appellate Court.

5 54 LOCAL civil Rule Sureties .. 55 LOCAL civil Rule Order for Deposit in Interest-Bearing Account .. 56 LOCAL civil Rule Powers of Magistrate Judges .. 57 LOCAL civil Rule Reference to Magistrate Judge (Eastern DISTRICT Only) .. 58 LOCAL civil Rule Consent Jurisdiction Procedure .. 59 LOCAL civil Rule Submission of Orders, Judgments and Decrees .. 60 LOCAL civil Rule Removal of Cases from State COURTS .. 60 LOCAL civil Rule Transfer of Cases to Another DISTRICT .. 61 LOCAL civil Rule Settlement of Actions by or on Behalf of Infants or Incompetents, Wrongful Death Actions, and Actions for Conscious Pain and Suffering of the Decedent .. 62 LOCAL civil Rule Habeas Corpus .. 63 LOCAL civil Rule Publication of Advertisements [formerly LOCAL civil Rule ] .. 63 LOCAL civil Rule Notice of Sale [formerly LOCAL civil Rule ] .. 64 LOCAL civil Rule Contempt Proceedings in civil Cases [formerly LOCAL civil Rule ].

6 66 LOCAL civil Rule Court-Annexed Arbitration (Eastern DISTRICT Only) [formerly LOCAL civil Rule ] .. 68 LOCAL civil Rule Court-Annexed Mediation (Eastern DISTRICT Only) [formerly LOCAL civil Rule ] .. 74 LOCAL civil Rule Alternative Dispute Resolution (Southern DISTRICT Only) [formerly LOCAL civil Rule ] .. 80 LOCAL civil Rule Plan for Certain 1983 Cases Against the City of New York (Southern DISTRICT Only) .. 82 LOCAL ADMIRALTY AND MARITIME RULES ..88 LOCAL Admiralty Rule Application of RULES .. 88 LOCAL Admiralty Rule Affidavit That Defendant Is Not Found Within the DISTRICT . 88 LOCAL Admiralty Rule Notice of Attachment .. 88 LOCAL Admiralty Rule Intangible Property .. 88 iv LOCAL Admiralty Rule Publication of Notice of Action and Arrest; Sale .. 89 LOCAL Admiralty Rule Notice Required for Default Judgment in Action In Rem .. 89 LOCAL Admiralty Rule Return Date in Possessory, Petitory, and Partition Actions.

7 90 LOCAL Admiralty Rule Adversary Hearing Following Arrest, Attachment or Garnishment .. 90 LOCAL Admiralty Rule Intervenors' Claims .. 91 LOCAL Admiralty Rule Claims by Suppliers for Payment of 91 LOCAL Admiralty Rule Preservation of Property .. 92 LOCAL CRIMINAL RULES ..93 LOCAL Criminal Rule Application of RULES .. 93 LOCAL Criminal Rule Notice of Appearance .. 94 LOCAL Criminal Rule Disclosure Statement .. 94 LOCAL Criminal Rule Conference of Counsel .. 94 LOCAL Criminal Rule Free Press-Fair Trial Directives .. 95 LOCAL Criminal Rule Post-Trial Motions .. 98 LOCAL Criminal Rule Computation of Time .. 99 LOCAL Criminal Rule Applications for Ex Parte Orders .. 99 LOCAL Criminal Rule Service and Filing of Motion Papers .. 99 LOCAL Criminal Rule Petty Offenses--Collateral and Appearance .. 100 LOCAL Criminal Rule Powers of Magistrate Judges .. 101 LOCAL PATENT RULES .

8 102 LOCAL Patent Rule 1. Application of RULES .. 102 LOCAL Patent Rule 2. Initial Scheduling Conference .. 102 LOCAL Patent Rule 3. Certification of Disclosures .. 102 LOCAL Patent Rule 4. Admissibility of Disclosures .. 102 LOCAL Patent Rule 5. Discovery Objections Based on LOCAL Patent RULES .. 103 LOCAL Patent Rule 6. Disclosure of Asserted Claims and Infringement Contentions .. 103 LOCAL Patent Rule 7. Invalidity Contentions .. 103 v LOCAL Patent Rule 8. Disclosure Requirement in Patent Cases Initiated by Declaratory Judgment .. 103 LOCAL Patent Rule 9. Duty to Supplement Contentions .. 104 LOCAL Patent Rule 10. Opinion of Counsel .. 104 LOCAL Patent Rule 11. Joint Claim Terms Chart .. 104 LOCAL Patent Rule 12. Claim Construction Briefing .. 104 1 JOINT LOCAL civil RULES LOCAL civil Rule Application of RULES These LOCAL civil RULES apply in all civil actions and proceedings governed by the Federal RULES of civil Procedure.

9 COMMITTEE NOTE The Committee recommends that LOCAL civil Rule be reworded in order to make clear that the LOCAL civil RULES apply in all civil actions and proceedings governed by the Federal RULES of civil Procedure. LOCAL civil Rule Night Depository A night depository with an automatic date stamp shall be maintained by the Clerk of the Southern DISTRICT in the Pearl Street Courthouse and by the Clerk of the Eastern DISTRICT in the Brooklyn Courthouse. After regular business hours, papers for the DISTRICT Court only may be deposited in the night depository. Such papers will be considered as having been filed in the DISTRICT Court as of the date stamped thereon, which shall be deemed presumptively correct. COMMITTEE NOTE The Committee believes that it is unnecessary to have a LOCAL Rule dealing with the hours of opening of the Clerk s Office, which are best set forth in the websites of the respective COURTS .

10 Because the Advisory Committee note to the 2009 amendment to Fed. R. Civ. P. 6(a)(4) indicates that a LOCAL rule is necessary to authorize the use of night depositories, the Joint Committee recommends the retention of the portion of LOCAL civil Rule dealing with night depositories. LOCAL civil Rule Admission to the Bar (a) A member in good standing of the bar of the State of New York, or a member in good standing of the bar of the UNITED STATES DISTRICT Court in Connecticut or Vermont and of the bar of the State in which such DISTRICT court is located, provided such DISTRICT Joint LOCAL RULES , and Effective October 15, 2021 2 court by its rule extends a corresponding privilege to members of the bar of this Court, may be admitted to practice in this Court on compliance with the following provisions: Each applicant for admission is required to file an application for admission in electronic form and pay the required fee through the Public Access to Court Electronic Records (PACER) system at This one application will be utilized both to admit and then to provide the applicant to the bar of this Court with electronic filing privileges for use on the Court s Electronic Case Filing (ECF) system.