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The Southern District of New York ("SDNY") and Eastern District of New York ("EDNY") have adopted various amendments to their joint local rules, effective July 1, 2024 2. While the majority of the changes deal with changes in capitalization (i.e. substituting "court" for "Court") or word choice (i.e. substituting "must" for "shall") other changes are more substantive. Below is a summary of the substantive changes to these rules 3. Local Civil Rule 1.4. Notice of Appearance; Withdrawal or Displacement of Attorney of RecordThe amended rule now requires attorneys appearing in a matter to file a notice of appearance that includes the attorney’s name, any firm or organizational affiliation, business address, telephone number, email address, and the name of the party or parties represented. An attorney that files a case‐initiating document does not need to file a separate notice of appearance. Moreover, the amended rule eliminates the affidavit requirement for motions to withdraw when another counsel, from the same firm, agency, or organization, who had already appeared in the case, continues to represent the client or when new counsel is substituted by stipulation. Lastly, the amended rule requires that proof of service on the client must be filed on the docket in each case where withdrawal is sought. Local Civil Rule 1.6. Duty of Attorneys in Related CasesThe amended rule now requires counsel to comply with the Division of Business Rules, regarding the reporting of potentially related cases. Local Civil Rule 1.8. Electronic Equipment and Recording, Broadcasting, and Streaming of Court MattersThe amended rule now prohibits, absent specific court authorization, a wider range of items in the courtroom, including electronic equipment, and prohibits the broadcasting or streaming of any proceeding unless authorized by the presiding judge in accordance with Judicial Conference policy. Local Civil Rule 5.1. Filing of Discovery MaterialsThis rule, limiting the submission of discovery materials to only relevant portions or excerpts, has been withdrawn. Attorneys should consult Local Civil Rules 37.1, 37.2, and the individual practices of the judge presiding over discovery when seeking or opposing relief under Fed. R. Civ. P. 26 through 37. Local Civil Rule 5.2. Requirements for Electronic Filing and Service; Duty to Review Underlying OrdersThe amended rule makes clear that ECF filing is required unless the filing has been exempted from ECF filing by court order or by Fed. R. Civ. P. 5 and specifies that Highly Sensitive Documents must be submitted in hard copy. Local Civil Rule 6.1. Service and Filing of Motion PapersThe amended rule makes clear that filing and service of motion papers must be accomplished via ECF, unless the filing has been exempted. The former subsection (c) of Local Civil Rule 6.1, which was tied to the practice of motions being filed with “return dates” returnable on a judge’s predetermined dates for oral argument, has been withdrawn. Local Civil Rule 6.3. Motions for ReconsiderationThe amended rule imposes page limits on briefs submitted in connection with a motion for reconsideration: principal brief may not exceed 10 pages, and a reply brief may not exceed 5 pages. Local Civil Rule 6.4. Computation of TimeThis rule has been withdrawn. Counsel shall consult Fed. R. Civ. P. 6. Local Civil Rule 7.1. Motion PapersThe amended rule states that—aside from for applications for extensions or adjournments, applications for a pre‐motion conference, and similar non‐dispositive matters—motions cannot be brought by letter-motion unless authorized by the presiding judge’s individual practices or by an order in a particular case. Local Civil Rule 15.1 Amendment of PleadingsThis new rule mandates that when counsel moves to amend or supplement a pleading, they must submit to the court and all parties both a clean copy and a redline version of the proposed amended pleading as exhibits to the motion. The motion, if granted, does not constitute a filing of the amended pleading or supplement and, instead, the amended pleading must be filed within seven (7) days of the order granting the motion for leave to amend. Local Civil Rule 16.1. Exemptions from Mandatory Scheduling OrderThe rule was amended to include bankruptcy appeals to the list of cases that are exempt from a mandatory scheduling order under Fed. R. Civ. P. 16(b) and to specify that Freedom of Information Act cases are also included within the scope of the rule. Local Civil Rule 26.1. Address of Party and Original Owner of Claim to Be FurnishedThis rule has been withdrawn in light of the amendments to Fed. R. Civ. P. 7.1. Local Civil Rule 26.2. Assertion of Claim of PrivilegeThe amended rule modifies Subsection (b) to provide that although a privilege log should be provided at the time of the response to the discovery request, the parties can agree otherwise in writing. The amended rule modifies Subsection (c) by adding language that encourages the parties to discuss the type of privilege log to be used and the information fields that should be disclosed, and explicitly recognizes that a categorical or metadata log may be used. Subsection (c)(3) adds that when the parties use a categorical or metadata log, they are encouraged to discuss whether to allow the requesting party to request a document-by-document log for a limited number or percentage of the logged documents. Furthermore, the amended rule modifies the presumption that categorical assertions of privilege are permissible to recognize that the court may stipulate otherwise through the presiding judge's local practices or by specific order. Local Civil Rule 30.1. Counsel Fees on Taking Depositions More Than 100 Miles From CourthouseThis rule has been withdrawn given both the availability of telephonic and virtual depositions, which do not require travel, and other sources of authority for the court to impose costs in appropriate circumstances, including Fed. R. Civ. P. 26(b)(1)(B) and 45(d)(1). Local Civil Rule 37.2. Discovery DisputesThe amended rule consolidates specific discovery dispute rules pertaining to the EDNY or SDNY into a unified single rule. Furthermore, the amended rule emphasizes that litigants should consult the individual practices of judges before raising discovery disputes. Additionally, it expands its coverage to include motions for subpoena enforcement under Fed. R. Civ. P. 45. Local Civil Rule 37.3. Mode of Raising Discovery and Other Non‐Dispositive Pretrial Disputes With the Court (Eastern District Only)This rule has been withdrawn as Local Civil Rule 37.2 now covers both the EDNY and SDNY. Local Civil Rule 40.1. Trial SchedulingThis new rule provides that judges have the discretion to schedule trials based on docket requirements, with each district authorized to establish court-wide practices for trial scheduling, prioritizing matters as mandated by federal law. Local Civil Rule 53.1. MastersThe amended rule removes language relating to the appointment of masters to sit outside the district in light of Fed. R. Civ. P. 53. Local Civil Rule 55.1. Certificate of DefaultThe amended rule clarifies the materials that should be filed when a party seeks a certificate of default pursuant to Fed. R. Civ. P. 55(a): (1) a request to enter default; (2) an affidavit; (3) a proposed clerk’s certification of default; and (4) certification of service. Local Civil Rule 55.2. Default JudgmentThe amended rule clarifies the materials that should be filed when a party seeks a default judgment: (1) an affidavit; (2) motion papers (if proceeding by motion); and (3) certification of service. Local Civil Rule 56.1. Statements of Material Facts on Motion for Summary JudgmentThe amended rule provides that a party filing a motion for summary judgment in a case brought pursuant to the Administrative Procedure Act or the Freedom of Information Act no longer needs to file a Local Civil Rule 56.1 statement of material facts. In addition, the amended rule clarifies that each paragraph in the counterstatement filed by a party opposing summary judgment must admit or deny the truth of the correspondingly numbered paragraph in the moving party’s statement. Finally, subsection (e) was added to direct moving parties (if all parties are represented by counsel) to provide any statements of material facts in editable word processing format to opposing counsel to allow for the creation of a counterstatement of facts which includes both the moving party’s statement as well as the opposing party’s response thereto. Local Civil Rule 72.1. Powers of Magistrate JudgesThe amended rule includes language intended to grant magistrate judges the full powers available under federal law, whether considered “full-time” or “part-time” magistrate judges. Furthermore, the amended rule provides that a party may serve and file objections to a magistrate judge’s order on non-dispositive matters, as provided in Fed. R. Civ. P. 72(a). The opposing party may file a response to that objection within 14 days after being served with the objection. Local Civil Rule 72.2. Reference to Magistrate Judge (Eastern District Only)This rule has been withdrawn and its contents placed in the Eastern District of New York Division of Business Rules. Local Civil Rule 73.1. Consent Jurisdiction ProcedureThe amended rule includes language intended to more closely conform to the language used in Fed. R. Civ. P. 73 and to more accurately describe how consent forms are distributed and executed. The amended rule provides that when filing a civil complaint, the parties will receive a court-approved notice or link advising them they can agree to have a magistrate judge handle all case proceedings and final judgment entry. The notice will include a consent form that the parties or their attorneys must sign if they consent to the exercise of dispositive authority by a magistrate judge. Moreover, if all parties have legal representation, a consent form must be signed by all parties or their attorneys before filing. Consent forms may be signed in counterpart fashion, if all signed forms are filed together. If both a district judge and magistrate judge are assigned, approval of the consent form by the district judge results in reassignment of the case to a magistrate judge previously designated to receive any referrals or to whom the case has previously been referred for any purpose. In the Eastern District, parties may request random assignment to a new magistrate judge. Furthermore, if no designation or referral has been made, the clerk must select a new magistrate judge at random. Lastly, the amended rule provides that in the Eastern District, if only a magistrate judge is assigned and the chief judge or designated district judge approves the consent form, the case remains under the magistrate judge's jurisdiction. Local Civil Rule 77.1. Submission of Orders, Judgments and DecreesThe amended rule eliminates the process for objecting and/or consenting to proposed orders. Local Civil Rule 81.1. Removal of Cases from State CourtsThe amended rule withdraws language suggesting that a party may rely on post-removal discovery to establish jurisdiction. Local Civil Rule 83.4. Publication of Required Public Notices [formerly Local Civil Rule 83.6]The amended rule replaces the term “Advertisement” with “Notice” emphasizing that the rule applies broadly to notices. Local Civil Rule 87.1 Civil Rules EmergencyThis new rule was added to supplement Fed. R. Civ. P. 87. If a Civil Rules Emergency is declared by the Judicial Conference under Fed. R. Civ. P. 87, then the chief judge of the district may issue any order directed toward that emergency that is not inconsistent with that rule. Any order issued by the chief judge under this local rule must terminate upon termination of the Civil Rules Emergency.
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