Northern District of New York — Local Rules of Practice
Updated October 27, 2026
Courtwide
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
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 2026-01-01
Motion practice
(b) Upon the filing of a complaint, the Clerk shall issue to the plaintiff General Order 25 which requires, among other things, service of process upon all defendants within sixty (60) days of the filing of the complaint. This expedited service requirement is necessary to ensure adequate time for pretrial discovery and motion practice. In no event shall service of process be completed after the time specified in Fed. R. Civ. P. 4.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 21Conferences and appearances
A pro se litigant may elect to receive service of filings in their individual case via Notice of Electronic Filing (“NEF”) by signing and submitting a Consent to Electronic Service at the time of filing an initial pleading or making an appearance in the case, or at any time throughout the pendency of the case. Pro se litigants who opt in shall be referred to as Electronic Recipients (“e-Recipient”).
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 22Conferences and appearances
All pretrial and settlement conference statements shall not be filed on the docket, but rather shall be provided to the Court via MFT on the Court’s website. These documents are not available for public view. Forms for preparation of pretrial and settlement conference statements are available from the Clerk’s office or at the Court's webpage at www.nynd.uscourts.gov.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 25Filing and working copies
(a) Personal Identifiers: Except as to documents in social security proceedings, pursuant to General Order 22 §§ 11.1 and 11.2, parties shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all filings with the Court, including exhibits thereto, whether filed electronically or in paper form, unless the Court orders otherwise.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 25Communications with chambers
2. file a reference list under seal. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifier. The reference list must be filed under seal and may be amended as of right.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 26Filing and working copies
Counsel is strongly urged to discuss this issue with all their clients so that they can make an informed decision about the inclusion of certain information. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk will not review each filing for compliance with this Rule. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Court's full disciplinary power.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 26Filing and working copies
(a) A party seeking to have a document, a portion of a document, a party or an entire case sealed bears the burden of filing an application setting forth the reason(s) that the referenced material should be sealed under the governing legal standard. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-27 (2d Cir. 2006). (The provisions of Local Rule 5.3 shall not apply to actions for which sealing is required by statute, e.g., 31 U.S.C. § 3730(b)(2), or to personal identifiers that are required to be redacted under Local Rule 5.2.)
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 27Motion practice
(b) Upon the assigned judge’s approval of the sealing order, the sealing order shall be filed on the public docket (unless the Court deems sealing all or a portion of it to be appropriate), and the redacted or sealed document shall be filed as directed by the Court. A complaint presented for filing with an application to seal and a proposed order shall be treated as a sealed case, pending approval of the proposed order. A document, a portion of a document, a party or an entire case may be sealed when the case is initiated or at various stages of the proceeding. The Court may on its own motion enter an order directing that a document, a portion of a document, a party or an entire case be sealed.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 27Motion practice
A court conference is a prerequisite to filing a non-dispositive motion before the assigned Magistrate Judge. In the Notice of Motion, the moving party is required to set forth the date that the court conference with the Magistrate Judge was held regarding the issues being presented in the motion. Failure to include this information in the Notice of Motion may result in the Court rejecting the motion papers. For discovery motions, see L.R. 37.1.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 30Adjournments
Reply papers and adjournments are not permitted without the Court's prior permission. Permission to file a reply does not exist simply because CM/ECF generates a deadline for a reply on a non-dispositive motion. When leave of court is granted, reply briefs may not exceed 10 pages in length.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 30Communications with chambers
(b) Papers Required. Except as otherwise provided in this paragraph, all motions and opposition to motions require a memorandum of law, supporting affidavit when necessary to establish and provide factual and procedural background relevant to the motion, and proof of service on non-Electronic Case Filers (“non-ECF filers”). In addition, all motions require a Notice of Motion (except requests that are permitted by chambers to take the form of letter- requests, provided that the party seeking relief has identified in its motion or letter the precise relief sought). Additional requirements for specific types of motions, including cross-motions, see L.R. 7.1(c), are set forth in the Local Rule that corresponds with the Federal Rule.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 31Communications with chambers
(e) Emergency Motion/Order to Show Cause. All requests for an Emergency Motion/Order to Show Cause shall conform to the requirements set forth in L.R. 7.1(b)(1) and (2). Immediately after filing a request for an Order to Show Cause, the moving party must telephone the Chambers of the presiding judicial officer and inform Chambers staff that it has filed a request for an Order to Show Cause. Parties may obtain the telephone numbers for all Chambers from the Clerk's office or at the Court’s webpage at www.nynd.uscourts.gov. The Court shall determine the briefing schedule and return date applicable to the request for an Order to Show Cause.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 33Adjournments
(j) Adjournments of Dispositive Motions. All requests for extension of any deadlines must be made at least three business days prior to the expiration of the deadline, absent a showing of cause as to why it could not be made earlier.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 34Motion practice
(b) Motion for Leave to File. An amicus curiae shall file a motion for leave to file an amicus brief in CM/ECF, or via MFT found on the court’s website if the filer is not admitted to NDNY, which shall concisely state the nature of the movant's interest, identify the party or parties supported, set forth why an amicus brief would be helpful to the Court, and why the matters asserted are relevant to the disposition of the case. The brief and a proposed order shall be attached as exhibits to the motion for leave to file. If the amicus curiae is a corporation, a disclosure statement like that required of parties by Fed. R. Civ. P. 7.1 shall also accompany the motion.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 34Communications with chambers
2. Each document must identify the person filing the document. This identification must include an original or electronic signature of the attorney or pro se litigant; the typewritten name of that person; the address of a pro se litigant, including zip code; and the bar roll number, office address, telephone number, and e-mail address of the attorney. A pro se litigant’s complete mailing address in the signature block is required on all documents filed with the court and shall also appear on the face of the docket. Telephone numbers of non-prisoner pro se
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 36Filing and working copies
Any party who disputes a translation must file notice of its intention to challenge the translation with the Court and all other parties within seven (7) days of receiving the Notice of Electronic Filing for the translation, or, if a non-Filing User, within seven (7) days of receiving the translation. Upon receipt of a notice to challenge a translation, the Court shall establish the procedure and applicable time periods for the challenge to be heard.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 37Motion practice
(a) Appearance. An attorney appearing for a party in a civil case shall promptly file with the Clerk a written notice of appearance; however, an attorney does not need to file a notice of appearance if the attorney who would be filing the notice of appearance is the same individual who has signed the complaint, notice of removal, pre-answer motion, or answer. A consent to change attorney form must be signed by the withdrawing attorney, the substituting attorney, and the party, subject to the approval of the Court. If the Court grants the substitution of counsel, the withdrawing attorney must serve a copy of the order upon the affected party and file an affidavit of service.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 38Motion practice
Where new counsel is appearing for a party and where the firm representing the client remains the same, a notice of appearance is all that is required to be filed and a motion or consent to substitute counsel need not be filed. Where two attorneys from the same law firm represent a party, and one attorney leaves the firm, only a letter is required to be filed on the docket indicating that the attorney has left the firm and should be removed from the docket.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 38Adjournments
Unless the Court orders otherwise, withdrawal of counsel, with or without the consent of the client, shall not result in the extension of any of the deadlines contained in any case management orders, including the Uniform Pretrial Scheduling Order, see L.R. 16.1(e), or the adjournment of a trial ready or trial date.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 38Motion practice
(a) Filing of Complaint/Service of Process. Upon the filing of a complaint, the Clerk shall issue to the plaintiff General Order 25, which requires, among other things, service of process upon all defendants within sixty (60) days of the filing of the complaint. This expedited service requirement is necessary to ensure adequate time for pretrial discovery and motion practice.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 40Conferences and appearances
(c) Initial Pretrial Conference. Except for cases excluded under section II of General Order 25, an initial pretrial conference shall be scheduled in accordance with the time set forth in Fed. R. Civ. P. 16. The Clerk shall set the date of this conference upon the filing of the complaint. The purpose of this conference will be to prepare and adopt a case-specific management plan which will be memorialized in a case management order. See subsection (d) below. In order to facilitate the adoption of such a plan, prior to the scheduled conference, counsel for all parties shall confer among themselves as Fed. R. Civ. P. 26(f) requires and shall use the Civil Case Management Plan form contained in the General Order 25 filing packet. The parties shall file their jointly proposed plan, or if they cannot reach consensus, each party shall file its own proposed plan with the Clerk at least fourteen (14) business days prior to the scheduled pretrial conference.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 40Motion practice
Parties shall not file notices to take depositions, transcripts of depositions, interrogatories, requests for documents, requests for admissions, disclosures, and answers and responses to these notices and requests unless the Court orders otherwise; provided, however, that a party shall file as an exhibit any discovery material to support any motion, including a motion to compel or for summary judgment. A party shall include with any motion pursuant to Fed. R. Civ. P. 37 the discovery materials to which the motion relates if the parties have not previously filed those materials with the Court. Even if the Court has requested that trial exhibits be provided in electronic format, including deposition transcripts or other discovery, they should not be filed on the docket. All trial exhibits requested electronically shall be pre-marked and provided in electronic format via USB drive or CD/DVD.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 45Communications with chambers
A party intending to assert a claim of privilege or work product protection in accordance with Fed.R.Civ.P. 26(b)(5) shall confer with opposing counsel in preparation for the initial Rule 16 conference and agree upon a deadline in the civil case management plan to serve a privilege log with respect to all documents withheld on that basis except for the following: written or electronic communications between a party and its trial counsel after commencement of the action and the work product material created after the commencement of the action are exempt from disclosure on the privilege log. Subject to court approval, the privilege log may take a categorical approach in lieu of itemization of each document, and this should be discussed and agreed upon at the Rule 16 conference.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 46Motion practice
c. If the parties' conference does not fully resolve the discovery issues, the party seeking relief must then request a court conference with the assigned Magistrate Judge. Pro se parties who are incarcerated are not subject to the court conference requirement prior to filing a motion to compel discovery. The assigned Magistrate Judge may direct the party making the request for a court conference to file an affidavit setting forth the date(s) and mode(s) of the consultation(s) with the opposing party and a letter that concisely sets forth the nature of the dispute and a specific listing of each of the items of discovery sought or opposed. Immediately following each disputed item, the party must set forth the reason why the Court should allow or disallow that item.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 48Motion practice
7.1(a). A motion for reconsideration of a Magistrate Judge’s determination of a non-dispositive matter shall toll the fourteen (14) day time period to file objections pursuant to L.R. 72.1(b). The Court will decide motions for reconsideration or re-argument on submission of the papers, without oral argument, unless the Court directs otherwise.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 63Communications with chambers
(f) Duties and Responsibilities of Appointed Counsel. On receiving notice of the appointment, the attorney shall promptly file a notice of appearance in the action to which the appointment applies unless precluded from acting in the action or appeal, in which event the attorney shall promptly notify the Court and the putative client. Promptly following the filing of an appearance, the attorney shall communicate with the newly-represented party concerning the action. In addition to a full discussion of the merits of the dispute, the attorney shall explore with the party any possibilities of resolving the dispute in other forums, including but not limited to, administrative forums. If after consultation with the attorney the party decides to prosecute or defend the action, the attorney shall proceed to represent the party in the action unless or until the attorney-client relationship is terminated as these Rules or court order provide. If the attorney is appointed as Special Mediation Counsel, the attorney-client relationship will be terminated by Court order at the end of the mediation process, as described in L.R. 83.6(d)(4).
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 88Communications with chambers
a copy of the order shall be mailed to the last known business address of the attorney by certified mail. Upon receiving the attorney's response to the order to show cause, the Chief Judge may consider the application on the papers submitted, schedule oral argument, or hold an evidentiary hearing before a court of one or more judges to hear and to report findings and a recommendation on the matter. After a hearing and report, or if the attorney makes no timely answer or the answer raises no issue requiring a hearing, the Court shall issue an order in accordance with the majority vote of the District Judges. A copy of the disciplinary order shall be mailed to the attorney via certified mail. In the event the judgment of conviction is vacated on appeal, the attorney may seek reinstatement of admission to this Court pursuant to subsection (h) below.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 92Adjournments
(b) If the alleged contemnor puts in issue the alleged misconduct or the resulting damages, the alleged contemnor shall, on demand, be entitled to have oral evidence taken either before the Court or before a master whom the Court appoints. When by law the alleged contemnor is entitled to a trial by jury, the contemnor shall make a written demand on or before the return day or adjourned day of the application; otherwise, the Court will deem that the alleged contemnor has waived a trial by jury.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 98Conferences and appearances
(m) Confidentiality. Assisted mediation is regarded as a settlement procedure and is confidential and private. No participant may disclose, without consent of the other parties, any confidential information acquired during assisted mediation. There shall be no stenographic or electronic record, e.g., audio or video, of the assisted mediation process.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 102Conferences and appearances
(d) Preparation of Pretrial Services Report. Pursuant to 18 U.S.C. §3154(1), upon notification of a new arrest, the Probation Office shall prepare a Pretrial Services Report pursuant to Criminal L.R. 46.1, also known as a bail bond report, for each defendant making an initial appearance before a Magistrate Judge on all criminal complaints, informations and indictments. Immediately following an arrest, the agency effecting the arrest, or the U.S. Marshal Service, shall notify the Probation Office of the arrest, and unless extraordinary circumstances exist, initial appearances shall be scheduled so as to provide the Probation Officer two hours to interview the defendant, conduct a brief investigation, and prepare a Pretrial Services Report for the judicial officer. Pursuant to 18 U.S.C. § 3154, Pretrial Services Reports are not public records, are not to be reproduced or disclosed to any party, other than the government and attorney for the defendant, and the Court, and they shall remain confidential. Pretrial Services Reports may not be used for any other purpose than bail proceedings unless authorized by the Court. Pretrial Services Reports shall be lodged, not filed, on CM/ECF and are not available for public inspection. The ECF system will generate a notice of electronic filing to counsel for the USA, counsel for the specific defendant, to the presiding judge, and the active magistrate judges.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 110Adjournments
(d) Adjournment of motions shall be in the Court’s discretion. Any party seeking an adjournment from the Court shall first contact the opposing attorney. A party shall make any application for an adjournment of a motion in writing and shall set forth the reason for requesting the adjournment.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 111Communications with chambers
2. If an attorney needs to subpoena a witness outside the boundaries of this District, the attorney shall make an ex parte application for issuance of a subpoena shall be made to the appropriate court.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 114Filing and working copies
2. a. The Probation Office will submit the initial draft of the Presentence Report through the ECF System which will generate a notice of electronic filing to counsel for the USA, counsel for the specific defendant, and to the presiding judge. The Presentence Report shall be lodged, not filed, on CM/ECF and is not available for public inspection.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 120Filing and working copies
The Statement of Reasons shall be lodged, but not filed, with the Court and shall not be available for public inspection. The presiding judge shall determine what documents, if any, shall be lodged and appended to the Statement of Reasons which shall be made available for review by the Court of Appeals, counsel for the Government and Defendant, Probation and the United States Sentencing Commission. The Statement of Reasons will be lodged in the ECF system which will generate a notice of electronic filing to counsel for the USA, counsel for the specific defendant, and the presiding judge.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 121Conferences and appearances
(a) Notice of Attorney Appearance. An attorney appearing for a defendant in a criminal case, whether retained or appointed, shall promptly file a written appearance with the Clerk. That written appearance shall certify that the attorney has either completed six credit hours in federal criminal defense continuing education within the past two years or, if not, that the attorney will complete the required continuing education within 30 days of filing the notice of appearance.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 123Conferences and appearances
(a) Pretrial Service Officers shall conduct an interview and investigate each individual charged with an offense and shall submit a report to the Court as soon as practicable. In non-custody instances, when the United States Attorney schedules an individual for initial appearance before the United States Magistrate Judge by Criminal Summons or appearance letter, the United States Attorney shall immediately notify the United State Probation Office to arrange for preparing a Pretrial Services Report. In those instances when a defendant is taken into custody by arrest or pursuant to a warrant, the United States Probation Office in the respective division shall be notified forthwith in accordance with Rule 5.1 Notice of Arrest, of the Local Rules of Criminal Procedure for the Northern District of New York by the agency effecting the arrest or the United States Marshal and, unless extraordinary circumstances exist, initial appearances shall be scheduled so as to provide the probation officer a reasonable (or "mutually agreed") period of time to interview the defendant, conduct a brief investigation, and prepare an oral or written report for the judicial officer. The judicial officer setting conditions of release or reviewing conditions previously set shall receive and consider all reports that Pretrial Service Officers, the government and defense counsel submit.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 124Filing and working copies
(d) Pursuant to 18 U.S.C. §3154(2), the Probation Office shall prepare a Release Status Report prior to a defendant entering a change of plea to guilty. Pursuant to 18 U.S.C. § 3154, Release Status Reports are not public record, are not to be reproduced or disclosed to any party, other than the government and attorney for the defendant, and the Court, and shall remain confidential. Release Status Reports may not be used for any other purpose than determining the release status of a defendant pursuant to Fed.R.Crim.P. Rule 46(c). The Release Status Report shall be lodged, not filed, on CM/ECF and is not available for public inspection. The ECF system will generate a notice of electronic filing to counsel for the USA, counsel for the specific defendant, the presiding judge, and the active magistrate judges.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 125Filing and working copies
Parties shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all filings with the Court, including exhibits thereto, whether filed electronically or in paper form, unless the Court orders otherwise.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 126Communications with chambers
All material sought to be sealed shall be submitted to the Court, for its in camera consideration, via MFT on the court’s website, and shall be served on all counsel for the affected parties. In the rare case that counsel believe that compelling interests (qualifying as the countervailing factors or higher values discussed in Lugosch) warrant an application to seal that is not filed publicly, and/or is filed ex parte, counsel shall submit a written letter request to the assigned judge's email address listed in Section 8.2 of General Order 22, explaining why counsel believe that the procedures set forth in this rule cannot be followed.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 127Filing and working copies
(e) Effective for all Habeas Corpus Petitions pursuant to 28 U.S.C. §2254 filed after July 1, 2013, service of process shall be done via electronic means, namely via an email Notice of Electronic Filing through the Court's CM/ECF system. Once service is ordered by the Court, the Office of Attorney General for New York State will receive email notification and be given ninety (90) days within which to file a response. This time will allow the Office of Attorney General to obtain the records from the underlying state court and file their response to the petition.
NDNY federal district-court proceedings only; preserve civil, criminal and specialized-section limits.
Source page 134