SDNY and EDNY — Joint Local Civil and Criminal Rules
Updated October 27, 2026
Multi court
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders.
Official source ↗ · Collected 2026-10-27 · Source effective date 2026-01-02
Filing and working copies
Local Civil Rule 1.2. Night Depository A night depository with an automatic date stamp will 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 and Central Islip Courthouses. After regular business hours, papers for the district court may be deposited only in the night depository. Those papers will be considered as having been filed in the district court as of the date stamped thereon, which will be deemed presumptively correct. Filings that must be made via the Electronic Case Filing (ECF) system may not be made by using the night depository.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 11Filing and working copies
(b) Each applicant for admission must file an application for admission in electronic form and pay the required fee through the Public Access to Court Electronic Records (PACER) system at www.pacer.gov. 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 ECF system. The applicant must adhere to all applicable rules of admission.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 12Motion practice
(j) After requesting pro hac vice electronic filing privileges through the PACER website, applicants must electronically file a motion for admission pro hac vice on the court’s ECF system and pay the required fee.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 14Motion practice
(k) The motion must be accompanied by a certificate of the court for each of the states in which the applicant is a member of the bar that has been issued within 30 days of filing and states that the applicant is a member in good standing of the bar of that state court, and an affidavit by the applicant stating
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 14Conferences and appearances
(l) Attorneys appearing for the Department of Justice may appear before the court without requesting pro hac vice admission. Those attorneys must request electronic filing privileges through the PACER website. Attorneys appearing for other federal agencies must move for pro hac vice admission, but the fee requirement is waived, and the certificate(s) of good standing may must have been issued within one year of filing. Only an attorney who has been so admitted or who is a member of the bar of this court may enter appearances for parties, sign stipulations, or receive payments on judgments, decrees, or orders.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 15Communications with chambers
Local Civil Rule 1.4. Attorney Appearances; Withdrawal or Displacement of Attorney of Record; Limited-Scope Representation (a) Attorney appearances. Except as otherwise set forth in this rule, each attorney appearing on behalf of a party must file a notice of appearance promptly on or before the attorney’s first appearance in court or filing in the case. The notice of appearance must provide the attorney’s name, any firm or organizational affiliation, business address, telephone number, email address, and the name of the party or parties represented.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 15Conferences and appearances
An attorney who files a case-initiating document, such as a complaint, petition, or notice of removal, need not file a separate notice of appearance; such an attorney shall be deemed to have entered a notice of appearance on behalf of the party or parties on whose behalf the filing is made.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 15Motion practice
(b) Attorney withdrawals. Except where an attorney has filed a notice of limited-scope appearance as set forth in subsection (c), an attorney who has appeared for a party may be relieved or displaced only by order of the court. Such an order may be issued following the filing of a motion to withdraw, and only upon a showing by affidavit or otherwise of satisfactory reasons for withdrawal or displacement and the posture of the case, and whether or not the attorney is asserting a retaining or charging lien. While a motion to withdraw is required whenever an attorney seeks to be relieved, an affidavit is unnecessary if (1) another attorney from the same firm, agency, or organization has already entered a notice of appearance on behalf of the client and will remain in the case or (2) upon substitution of counsel by stipulation, if the stipulation is also signed by the client and, at the time of substitution, the new attorney does not intend to seek modification of any existing deadlines or dates for court appearances in the case.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 16Motion practice
All motions to withdraw must be served upon the client and (unless excused by the court) upon all other parties. Proof of such service upon the client shall be filed on the docket in each case where withdrawal is sought.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 16Conferences and appearances
(2) During any period that a party receives limited-scope representation from an attorney who has filed a notice of appearance, papers must be served on both the party and the attorney.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 17Conferences and appearances
(3) A limited-scope representation terminates without the need for leave of court once the attorney files a notice stating that the tasks for which the appearance was entered have been completed. The notice must include a certificate of service on the client. If any attorney who has filed a notice of appearance seeks to withdraw before completion of the limited-scope representation, the attorney must follow the procedure set forth in subsection (b).
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 17Discovery
(4) A statement of charges alleging a ground for discipline or other relief set forth in paragraph (b)(4), (b)(5), or (b)(6) shall be served on the attorney concerned by certified mail, return receipt requested, directed to the address of the attorney as shown on the rolls of this court and to the last known address, if any, of the attorney as shown in the complaint and any materials submitted therewith, together with an order by the Committee on Grievances directing the attorney to show cause in writing why discipline or other relief should not be imposed. Upon the respondent attorney's answer to the charges the matter will be designated by the Committee on Grievances for a prompt evidentiary hearing before a magistrate judge of the court or before a panel of three attorneys, who may be selected from the panel of attorneys established under paragraph (a) above. The magistrate judge or panel of attorneys conducting the hearing may grant such prehearing discovery as they determine to be necessary, shall hear witnesses called by the attorney supporting the charges and by the respondent attorney, and may consider such other evidence included in the record of the hearing as they deem relevant and material. The magistrate judge or panel of attorneys conducting the hearing must report their findings and recommendations in writing to the Committee on Grievances and must serve them on the respondent attorney and the attorney supporting the charges. After affording the respondent attorney and the attorney supporting the charges an opportunity to respond in writing to the report, or if no timely answer is made by the respondent attorney, or if the Committee on Grievances determines that the answer raises no issue requiring a hearing, the Committee on Grievances may proceed to impose discipline or to take such action as justice and this rule may require.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 23Discovery
(5) A duly constituted disciplinary authority of a New York state court may request expedited disclosure of records or documents that are confidential for use in an investigation or proceeding pending before the disciplinary authority. The request shall be made in writing and submitted to the chair of the Committee on Grievances. The request should, to the extent practicable, identify the nature of the pending investigation or proceeding and the specific records or documents sought. The request may also seek deferral of
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 23Communications with chambers
(2) take a photograph or make an audio or video recording of any proceeding or communication with the court, an employee of the court, or any person acting at the direction of the court, including a mediator. No such authorization shall be given with respect to a court proceeding or mediation unless approved in advance by the presiding judge.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 26Filing and working copies
Local Civil Rule 5.2. Requirements for Electronic Filing and Service; Electronic Signatures by Pro Se Parties; Duty to Review Underlying Orders Counsel must serve and file papers by following the instructions regarding ECF published on the website of each respective court, unless exempted from electronic filing by court order or Fed. R. Civ. P. 5. Highly Sensitive Documents (HSDs) must be filed in hard copy, in accordance with the order issued by each district governing those documents.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 27Filing and working copies
In a case where a pro se party has not obtained electronic filing privileges, the United States District Courts for the Eastern and Southern Districts of New York will accept electronic submissions from pro se parties without electronic filing privileges pursuant to certain requirements that will be set forth on each Court’s public website. Any document submitted in accordance with these requirements must be signed by the party in one of the following ways: (a) by signing the document and then scanning it;
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 27Conferences and appearances
order unless the memorandum or oral decision directs the submission or settlement of an order in more extended form. The notation in the docket of a memorandum or of an oral decision that does not direct the submission or settlement of an order in more extended form will constitute the entry of the order. Where an order in more extended form is required to be submitted or settled, the notation in the docket of the order will constitute the entry of the order.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 29Discovery
Local Civil Rule 30.4. Conferences Between Deponent and Defending Attorney [formerly Local Civil Rule 30.6] An attorney for a deponent must not initiate a private conference with the deponent while a deposition question is pending, except for the purpose of determining whether a privilege should be asserted.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 40Motion practice
Local Civil Rule 37.1. Verbatim Quotation of Discovery Materials Upon any motion or application involving discovery or disclosure requests or responses under Fed. R. Civ. P. 37, the moving party must specify and quote or set forth verbatim in the motion papers each discovery request and response to which the motion or application is addressed. The motion or application must also set forth the grounds on which the moving party is entitled to prevail for each request or response.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 42Filing and working copies
Local Civil Rule 39.1. Custody of Trial and Hearing Exhibits (a) Unless the court orders otherwise, trial and hearing exhibits must not be filed with the clerk but must be retained in the custody of the respective attorneys who produced them in court.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 43Conferences and appearances
Local Civil Rule 47.1. Assessment of Jury Costs All counsel in civil cases must seriously discuss the possibility of settlement a reasonable time before trial. The court may, in its discretion, assess the parties or counsel with the cost of one day’s attendance of the jurors if a case is settled after the jury has been summoned or during trial, the amount to be paid to the clerk of the court.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 44Communications with chambers
If the mailing is returned, a supplemental certificate must be filed setting forth that fact, together with the reason provided for return, if any.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 48Communications with chambers
If the mailing is returned, a supplemental certificate of service must be filed setting forth that fact, together with the reason provided for return, if any.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 49Communications with chambers
(b) The papers opposing a motion for summary judgment must include a correspondingly numbered paragraph admitting or denying, and otherwise responding to, each numbered paragraph in the statement of the moving party, and if necessary, additional paragraphs containing a separate, short and concise statement of additional material facts as to which it is contended that there exists a genuine issue to be tried.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 50Communications with chambers
(c) Each numbered paragraph in the statement of material facts set forth in the statement required to be served by the moving party will be deemed to be admitted for purposes of the motion unless specifically denied and controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 50Conferences and appearances
Local Civil Rule 72.1. Proceedings Before Magistrate Judges (a) Powers of Magistrate Judges. In addition to other powers of magistrate judges, a full-time or part-time magistrate judge may be assigned any duty allowed by law to be performed by a magistrate judge. In addition, magistrate judges are specially designated to exercise the jurisdiction set forth in 28 U.S.C. § 636(c). Parties who consent to magistrate judge jurisdiction must follow the procedures set forth in Local Rule 73.1. As judicial officers, in performing any duty, a magistrate judge may determine preliminary matters, require parties, attorneys and witnesses to appear; require briefs, proofs, and argument; and conduct any hearing, conference or other proceeding the magistrate judge may deem appropriate.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 54Trial exhibits and witnesses
(5) The Federal Rules of Evidence must be used as guides to the admissibility of evidence. Copies or photographs of all exhibits, except those intended solely
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 65Trial exhibits and witnesses
for impeachment, must be marked for identification and delivered to adverse parties at least 14 days before the hearing. The arbitrators must receive exhibits in evidence without formal proof unless counsel has been notified at least seven days before the hearing that the adverse party intends to raise an issue concerning the authenticity of the exhibit. The arbitrators may refuse to receive in evidence any exhibit, a copy or photograph of which has not been delivered to the adverse party as provided herein.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 66Courtroom conduct and technology
(6) A party may have a recording and transcript made of the arbitration hearing, but that party must make all necessary arrangements and bear all expenses thereof.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 66Discovery
(1) The mediation shall be considered a settlement negotiation for the purpose of all federal and state rules protecting disclosures from later discovery or use in evidence.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 69Conferences and appearances
(3) No record/recording of the mediation shall be made (except to memorialize a settlement).
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 69Conferences and appearances
Local Criminal Rule 1.2. Notice of Appearance Attorneys representing defendants in criminal cases must file a notice of appearance. Once a notice of appearance has been filed, the attorney cannot withdraw except upon prior order of the court under Local Civil Rule 1.4.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 86Motion practice
Local Criminal Rule 16.1. Good Faith Requirement for Discovery Motions No motion addressed to a bill of particulars or any discovery matter may be heard unless counsel for the moving party files in, or simultaneously with, the moving papers an affidavit certifying that counsel has conferred with counsel for the opposing party in an effort in good faith to resolve by agreement the issues raised by the motion without the intervention of the court and has been unable to reach agreement. If some of the issues raised by the motion have been resolved by agreement, the affidavit must specify the issues remaining unresolved.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 86Communications with chambers
Local Criminal Rule 47.1. Applications for Ex Parte Orders Any application for an ex parte order must state whether a previous application for similar relief has been made and, if so, must state (a) the nature of the previous application, (b) the judicial officer to whom the application was presented, and (c) the disposition of the application.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 90Conferences and appearances
The existing local rule governs the withdrawal or displacement of an attorney of record but does not identify the procedure by which one becomes an attorney of record. The Federal Rules of Civil Procedure likewise do not include a procedure for becoming an attorney of record. Accordingly, the rule is amended to require attorneys appearing in a matter to file a notice of appearance and lists the information that the notice of appearance must contain. The amendment also eliminates the affidavit that was otherwise required by the local rule when other counsel who had already appeared in the case continues to represent the client or when new counsel is substituted by stipulation. The Committee believes that the affidavit serves no useful purpose in these circumstances.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 102Motion practice
Both the Eastern and Southern District have come to allow an attorney to appear on behalf of an otherwise unrepresented party for limited purposes only — for example, for purposes of mediation, motion practice, or some aspect of discovery. Among other things, allowing for such limited-scope appearances facilitates the recruitment of counsel to take on pro bono matters and promotes access to justice. The rule is amended to codify and regulate this practice of limited-scope appearances. In addition, the rule is amended to provide that where an attorney moves to withdraw upon a stipulation substituting a new attorney, an affidavit is required in support of the motion if the new attorney intends to seek modification of any existing deadlines in the case. That requirement is intended to assist the court in evaluating whether the proposed withdrawal would result in delay.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 102Motion practice
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.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 108Motion practice
The purpose of this Rule is to impose a meet-and-confer requirement prior to the filing of a motion in limine. The Federal Rules have long required parties to meet and confer before seeking judicial intervention to resolve discovery disputes. See Fed. R. Civ. P.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 110Communications with chambers
With the advent of electronic discovery and the proliferation of e-mails and e-mail chains, traditional document-by-document privilege logs may be extremely expensive to prepare, and not really informative to opposing counsel and the Court. There is a growing literature in decisions, law reviews, and other publications about the need to handle privilege claims in new and more efficient ways. The Committee wishes to encourage parties to cooperate with each other in developing efficient ways to communicate the information required by Local Civil Rule 26.2 without the need for a traditional privilege log. Because the appropriate approach may differ depending on the size of the case, the volume of privileged documents, the use of electronic search techniques, and other factors, the purpose of Local Civil Rule 26.2(c) is to encourage the parties to explore methods appropriate to each case. The guiding principles should be cooperation and the “just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. See also The Sedona Cooperation Proclamation, available at www.TheSedonaConference.org, whose principles the Committee endorses.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 115Motion practice
Amended Local Civil Rule 37.2 simplifies practice by including both the E.D.N.Y. and S.D.N.Y. under a single consolidated rule. The consolidated rule emphasizes that litigants should consult the individual practices of judges before raising discovery disputes, as individual practices often diverge from Local Civil Rule 37.2. It also eliminates the reference to ECF filing, because all motions presumptively must be filed on ECF. Lastly, it adds Rule 45 motions for subpoena enforcement to the motions covered by the rule, because such motions are best understood as discovery motions.
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Source page 120