# Western District of New York — Local Rules of Civil Procedure Updated October 27, 2026 WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. 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](https://www.nywd.uscourts.gov/sites/nywd/files/2025%20Local%20Rules%20of%20Civil%20Procedure%20FINAL%20-%20v3-1.pdf) · Collected 2026-10-27 ## Filing and working copies (a) Filing Procedures. All civil cases filed in this Court are assigned to the Electronic Case Filing System (“ECF”). The procedures for electronic filing and any exceptions to the electronic filing requirements are set forth in the Administrative Procedures Guide for Electronic Filing which is available on the Court’s website, http://www.nywd.uscourts.gov. All pleadings and other papers shall be filed and served in accordance with the Federal Rules of Civil Procedure and the Administrative Procedures Guide for Electronic Filing. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery (f) Filing Discovery Materials. Notwithstanding the provisions of Fed. R. Civ. P. 5(d)(1), all discovery materials in cases with incarcerated pro se litigants shall be filed with the Court. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice This Rule does not apply when sealing is required by statute, rule, or court order. It also does not apply to routine motions made by the government in criminal cases. Additional guidance on sealing is contained in § 2(R) of the Administrative Procedures Guide for Electronic Filing, which is available at http://www.nywd.uscourts.gov. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers (d) Sealing a Document Without Notice (Ex Parte) A party seeking to have a document filed under seal without notice (ex parte) must submit to the assigned judge’s chambers (or to the Clerk’s Office, if so directed by the assigned judge) an affidavit, declaration, or affirmation setting forth the extraordinary circumstances that warrant relief from the requirements in subsections (c)(1) and (c)(3) of this Rule, together with the items required by subsections (c)(2)(A)–(E) of this Rule. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (2) If a document that has been only partially sealed, or for which such partial sealing has been sought, is included in another filing, a redacted version of the document must be filed. Where partial sealing is sought but ultimately denied, the document designated under this provision will be deemed withdrawn without prejudice, unless an unredacted version of the document is filed within 14 days of the entry date of the order denying the motion to partially seal. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers R. Civ. P. 7(d)(1)), or motion for a temporary restraining order (Loc. R. Civ. P. 65(a)), the moving party must deliver a courtesy copy of the motion papers to the chambers of the assigned Judge. The Court may, in its discretion, request courtesy copies on any other motion. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers A motion for an expedited hearing may, for good cause shown, be made ex parte. Papers in support of an ex parte application shall state the attempts made to resolve the dispute through a motion on notice and/or state why notice of the motion may not be given. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers Immediately after filing the motion for an expedited hearing (and accompanying documents), counsel for the moving party shall personally deliver courtesy copies of the motion papers to chambers and await further instructions from the Court. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers (3) Discovery Motion. No motion for discovery and/or production of documents under Fed. R. Civ. P. 37 shall be heard unless accompanied by an affidavit showing that sincere attempts to resolve the discovery dispute have been made. Such affidavit shall detail the times and places of the parties’ meetings or discussions concerning the discovery dispute and the names of all parties participating therein, and all related correspondence must be attached. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Conferences and appearances (c) Assessment of Jury Costs. In any civil case in which a settlement is reached, or in which the Court is notified of settlement later than the close of business on the last business day before jurors are to appear for jury selection, the Court, in its discretion, may impose the Court’s costs of compensating jurors for their needless appearance against one or more of the parties, or against one (1) or more counsel. Funds so collected shall be deposited by the Clerk of Court into the Treasury of the United States. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Filing and working copies (a) Alternative Dispute Resolution. This Court has adopted an Alternative Dispute Resolution Plan (“ADR”), as implemented by Standing Order, under which certain civil cases are referred automatically to ADR upon filing. A copy of the Plan is available on the Court’s website, http://www.nywd.uscourts.gov. The Clerk of Court will provide notice to the parties when a case is automatically referred. Any civil case that is not automatically referred may be referred to ADR by order of the presiding Judge, in their discretion. The ADR process is confidential. Litigants in cases not referred automatically to ADR must consider possible agreement to the use of an ADR process. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery (1) Purpose. The Court shall hold an initial pretrial conference in all cases except those exempted from initial disclosure requirements under Fed. R. Civ. P. 26(a)(1)(B). The purpose of this conference is to establish a case management plan. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery (2) Party Conference. Prior to the initial pretrial conference, counsel for all parties and any pro se litigants shall confer as required by Fed. R. Civ. P. 26(f), and shall file with the Court a joint, written discovery plan consistent with Fed. R. Civ. P. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Conferences and appearances (2) Party Obligations. The plaintiff(s) shall provide the defendant(s) with a written settlement demand at least fourteen (14) days before the first settlement conference, and the defendant(s) shall respond to the demand in writing at least seven (7) days before the conference, so that the parties and their attorneys have a meaningful opportunity to consider and discuss the settlement proposals. In cases involving insurance coverage, defense counsel also shall consult with the insurance carrier prior to the conference regarding its position. Judges may, at their discretion, require a preconference, written submission from each party. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (d) Additional Pretrial Conferences. The Court may schedule additional pretrial conferences in its discretion, or at a party’s request. Counsel and pro se litigants shall be prepared to provide a status update on discovery, motion practice, and the prospects for settlement. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Conferences and appearances (1) Timing and Content. A final pretrial conference shall be held at the direction of the Court within thirty (30) days of the trial date. Trial counsel shall be present at this conference and shall be prepared to discuss all aspects of the case and any WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Conferences and appearances (3) Marking Exhibits. Prior to the final pre-trial conference, counsel shall meet to mark and list each exhibit contained in the pre-trial statements. At the conference, counsel shall produce a copy of each exhibit for examination by opposing counsel and for notice of any objection to its admission in evidence. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (c) Scheduling. After the initial pretrial conference, pursuant to Fed. R. Civ. P. 16(b), the Court shall issue a scheduling order providing deadlines for, among other things, orderly discovery and motions. The initial order may address only discovery relevant to the motion for class certification, with a further order to issue after a determination on the certification motion. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery (a) Rule 26(f) Discovery Conference. The parties shall confer about all of the matters contemplated by Fed. R. Civ. P. 26(f) and Loc. R. Civ. P. 16(b)(3), unless the case is excepted from this requirement by Loc. R. Civ. P. 16(b)(1). WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery requests are directed shall, whenever practicable, be supplied with an electronic courtesy copy of the served document in a word processing format. In answering or objecting to interrogatories or discovery requests the responding party shall first state verbatim the propounded interrogatory or request, and immediately thereafter the answer or objection. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery (3) Where the claim of privilege is asserted during a deposition, the information set forth in subsection (1) shall be furnished: (a) at the deposition, to the extent it is readily available from the witness being deposed or otherwise, and (b) to the extent it not readily available, in writing within fourteen (14) days after the privilege is asserted, unless otherwise ordered by the Court. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery (3) Search Methodology. If a party intends to employ an electronic search to locate relevant ESI, the parties shall discuss and attempt to reach agreement as to the method of searching, and the words, terms, and phrases to be searched and any restrictions as to scope and method which might affect their ability to conduct a complete electronic search of the ESI. The parties shall also attempt to reach agreement as to the timing and conditions of any additional searches which may become necessary in the normal course of discovery. To minimize undue expense, the parties may consider limiting the scope of the electronic search (i.e., time frames, fields, document types). WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Adjournments (b) Production of Documents in Connection with Depositions. Consistent with the requirements of Fed. R. Civ. P. 30 and 34, a party seeking production of documents of another party or witness in connection with a deposition shall schedule the deposition to allow for production of the documents at least seven (7) calendar days prior to the deposition. Upon receipt of the documents, the party noticing the deposition shall immediately inform counsel for all other noticed parties that the requested documents have been produced and shall make the documents available for their inspection and reproduction. If timely requested documents are not produced at least seven (7) days prior to the deposition, the party noticing the deposition may either adjourn the deposition until a minimum of seven (7) days after the documents are produced or, without waiving the right to access to the documents, proceed with the deposition on the originally scheduled date. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Courtroom conduct and technology R. Civ. P. 30, the additional costs incurred for video recording will not be taxed by the Clerk of Court without a prior order from the Court or agreement of the parties. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers (2) Opposing Statement. A party opposing a motion for summary judgment shall include a response to each numbered paragraph in the moving party’s statement, in correspondingly numbered paragraphs. Each numbered paragraph in the moving party’s statement of material facts may be deemed admitted for purposes of the motion unless it is specifically controverted by correspondingly numbered paragraphs in such opposing statement with citation to admissible evidence or to evidence that can be presented in admissible form at trial as required by Fed. R. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (4) Appendix. All cited evidence, such as affidavits, relevant deposition testimony, responses to discovery requests, or other documents, that has not otherwise been filed in conjunction with the motion shall be filed as an appendix to the statement of facts prescribed by subsections (1) or (2), supra, in conformity with Fed. R. Civ. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers Immediately after filing the TRO application, counsel for the moving party shall personally deliver courtesy copies of the foregoing documents to chambers and await further instructions from the Court. In the event that the moving party is represented by out-of-town counsel who is unable to personally deliver courtesy copies, counsel shall contact chambers by telephone to request a waiver of this requirement. Because an application for a TRO rarely will be granted ex parte, a party moving under this subsection should be prepared to proceed pursuant to subsection (2) below, in the event that the Court finds that an ex parte proceeding is unwarranted. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Filing and working copies (b) In the event an appeal is prosecuted by any party, each party to the appeal shall promptly file electronically any exhibits to be transmitted to the appellate court as part of the record on appeal. Documents that cannot be filed electronically, and physical exhibits other than documents, shall remain in the custody of the attorney producing them who shall permit their inspection by any party for the purpose of preparing the record on appeal and who shall be charged with the responsibility for their safekeeping and transportation to the Court of Appeals. Those exhibits not transmitted as part of the record on appeal shall be retained by the parties who shall make them available for use by the appellate court upon request. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Conferences and appearances (e) Government Attorneys. United States Attorneys, Assistant United States Attorneys, special attorneys appointed under 28 U.S.C. §§ 515 and 543, Federal Public Defenders, Assistant Federal Public Defenders, and any attorney employed by a federal agency, may practice before this Court on any matter within the scope of their employment by submitting to the Clerk of Court an Electronic Case Filing Registration Form and filing a notice of appearance as required by Loc. R. Civ. P. 83.2(b). WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (b) Notice of Appearance. No notice of appearance is required of an attorney whose name and address appear at the end of a complaint, notice of removal, pre-answer motion, or answer. In all other circumstances, an attorney appearing for a party in a civil case shall promptly file a notice of appearance. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (4) By Motion. In all other instances, an attorney who seeks to withdraw or be substituted as successor counsel shall file a motion, which must be served upon the client and all other counsel of record. If privileged or otherwise confidential information is reasonably necessary to support the application, such information may be submitted in camera to the Court, with a copy to the client only. If the Court takes no action on an unopposed motion for withdrawal or substitution with thirty (30) days of its filing, the motion will be deemed granted. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery (2) A duly constituted disciplinary authority of an Appellate Division of the Supreme Court of the State of New York 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 Chief Judge of the District. 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 notice of the request for so long as the matter is in the investigative stage before the disciplinary authority. Upon receipt of the request, the Chief Judge may take any appropriate action or may refer the request for a response by a majority of the District Judges of the Court in both active and senior service. Confidential records and documents disclosed to the disciplinary authority in response to the request shall not be used for any purpose other than the investigation or proceeding pending before the disciplinary authority. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (c) (1) Any Member of the bar of this Court who is convicted of a felony, as defined in subsection (c)(3), must submit the record of conviction to the Clerk of Court within thirty (30) days thereafter. When the Court is informed of the conviction, by the Member or otherwise, the Chief Judge will issue an order suspending that attorney from practice before this Court. The order shall be sent to the last known business address of the attorney by certified mail. An application to set aside the order of suspension must be filed with the Clerk of Court within thirty (30) days from issuance of the order. The Court, in its discretion, may consider the application on the papers submitted, schedule oral argument, or hold an evidentiary hearing. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice (2) When the Court is informed that a judgment of conviction for a felony, as defined in subsection (c)(3), is final, the Chief Judge will order that the attorney’s name be struck from the roll of Members of the bar of this Court. “Final” for purposes of this subsection means either that the time within which to appeal has lapsed or that the judgment of conviction for a felony has been affirmed on direct appeal. The order of disbarment shall be sent to the last known business address of the attorney by certified mail. An application to set aside the order of disbarment must be filed with the Clerk of Court within thirty (30) days from issuance of the order. The Court, in its discretion, may consider the application on the papers submitted, schedule oral argument, or hold an evidentiary hearing. Upon good cause shown, a majority of the active and senior District Judges may set aside the disbarment when it is in the interest of justice to do so. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Motion practice The affidavit upon which such notice of motion or order to show cause is based shall set forth with particularity the misconduct complained of, the claim, if any, for damages occasioned thereby, and such evidence as to the amount of damages as may be available to the moving party. Reasonable attorney’s fees necessitated by the contempt proceeding may be included as an item of damage. Where the alleged contemnor has appeared in the action by an attorney, the notice of motion or order to show cause and the papers upon which it is based may be served upon the attorney; otherwise, service shall be made personally, in the manner provided in Fed. R. Civ. P. 4 for the service of a summons. If an order to show cause is sought, such order may upon good cause shown embody a direction to the United States Marshal to arrest the alleged contemnor and hold him or her in bail in an amount fixed by the order, conditioned upon his or her appearance at the hearing and upon his or her holding himself or herself amenable thereafter to all orders of the Court for surrender. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Adjournments (b) If the alleged contemnor puts in issue the alleged misconduct or the damages thereby occasioned, they shall upon demand be entitled to have oral evidence taken on the issues, either before the Court or before a master appointed by the Court. When by law the alleged contemnor is entitled to a trial by jury, they shall make a written demand therefor on or before the return day or adjourned day of the application; otherwise, they will be deemed to have waived a trial by jury. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers (a) Except as provided by order of the Chief Judge or by subparagraph (b), no person, other than Court officials engaged in the conduct of Court business and/or responsible for the security or maintenance of Court facilities, shall record any proceeding or bring any camera, transmitter, receiver, recording device, cellular telephone, or other personal electronic device into the District’s Courthouses. WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Discovery Affidavit When Required (Rule 7), 22 Alternative Dispute Resolution, 31 Rule 16, 29 Appeals Bankruptcy, 51 Bankruptcy Appeals (Rule 81), 52 Effect on Judgment for Costs (Rule 54), 44 Exhibits Necessary for (Rule 79), 51 Magistrate Judge's Actions (Rule 72), 49 Record (Rule 7), 24 Attorneys Admission to Practice (Rule 83.1), 52 Bankruptcy, Admission to Practice (Rule 83.1), 54 Change of Address (Rule 83.1), 54 Civility Principles and Guidelines (Rule 83.1), 53 Discipline of (Rule 83.3), 57 Government Attorneys (Rule 83.1), 54 Local Counsel (Rule 83.2), 55 Notice of Appearance (Rule 83.2), 55 Notice of Order of Suspension or Disbarment (Rule 83.3), 59 Pro Bono Service (Rule 83.8), 64 Reimbursement of Expenses (Rule 83.8), 67 Signature Required (Rule 10), 28 Withdrawal of (Rule 83.2), 55 Bankruptcy Admission to Practice (Rule 83.1), 54 Appeals, Dismissal for Failure to Perfect (Rule 81), 52 Bankruptcy Appeal, 51 Briefs Page Limits (Rule 7), 21 Cameras Rule 83.5, 61 Case Assignment Rule 5.1, 11 Rule 5.2, 13 Rule 72, 49 Civil Cover Sheet Requirement Rule 3, 10 Class Actions Content of Initial Conference, Class Claims Alleged (Rule 16), 31 Rule 23, 34 Conferences Discovery, 35 Final Pretrial, 32 70 WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers Selection in Civil Cases (Rule 47), 43 Law Interns Student (Rule 83.7), 63 Law Students As Law Interns (Rule 83.7), 63 Practice By (Rule 83.6), 61 Local Counsel Rule 83.2, 55 Magistrate Judges As Part of the Court (Rule 1.2), 9 Authority Of (Rule 72), 49 Case Assignments (Rule 72), 49 Certification to District Judge (Rule 72), 50 Consent to Disposition (Rule 73), 50 Report and Recommendation (Rule 72), 50 Review and Appeal of (Rule 72), 49 Memorandum of Law Page Limits (Rule 7), 21 When Required (Rule 7), 21 Modification of Rules Rule 83.9, 68 Motions Civil Contempt (Rule 83.4), 59 Class Determination (Rule 83.4), 34 Courtesy Copies (Rule 7), 22 Discovery (Rule 7), 24 Ex Parte (Rule 7), 23 Expand Record on Appeal (Rule 7), 24 Expedited Hearing (Rule 7), 23 Filing (Rule 5.1), 11 In Limine (Rule 16), 33 Oral Argument (Rule 7), 23 Papers Required (Rule 7), 21 Preliminary Injunction (Rule 65), 48 Summary Judgment (Rule 56), 46 Temporary Restraining Order (Rule 65), 48 To Settle and Order (Rule 7), 23 Notice Filing of (Rule 7), 21 Of Availability of Magistrate Judge in Civil Cases (Rule 73), 50 Of Bankruptcy Appeal (Rule 81), 51 To Pro Se Litigants Opposing Summary Judgment (Rule 56), 47 Oral Argument Rule 7, 23 Orders Attorney Withdrawal, Grantable by Clerk of Court (Rule 83.2), 56 Motion to Settle (Rule 7), 23 Scheduling Orders (Rule 16), 31 73 WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. ## Communications with chambers Sealing Of Civil Complaints (Rule 5.3), 14 Sealing a Document Without Notice (Ex Parte), 16 Sealing Orders, 16 Service of Papers Generally (Rule 5.1), 11 Overnight Delivery (Rule 5.1), 12 Pro Se (Rule 5.2), 13 Unpublished Decisions (Rule 7), 22 Settlement Conferences (Rule 16), 32 Decedents' Estates, On Behalf of (Rule 41), 42 Demand (Rule 16), 32 Infants, On Behalf of (Rule 41), 41 Social Security Cases Rule 5.5, 17 Statements of Fact Required Summary Judgment Motions (Rule 56), 46 Stipulations Rule 29, 39 Student Law Interns Rule 83.7, 63 Student Practice Rule 83.6, 61 Summary Judgment Motions Notice to Pro Se Litigants (Rule 56), 47 Statement of Facts Required (Rule 56), 46 Summons Rule 4, 10 Temporary Restraining Order Rule 65, 48 Title Rule 1.1, 9 Trials Jury Trials (Rule 47), 43 Request for Jury Trial, Removed Actions (Rule 81), 52 WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court.