Summary of the Proposed Amendments to the Southern District and Eastern District of New York Joint Local Rules

8/12/2024

By Cynthia Botello, Esq.¹

This is your chance to help shape the local rules for the New York Federal Civil Courts. On July 8, 2024 the Southern District of New York (“SDNY”) and Eastern District of New York (“EDNY”) issued a Notice to the Bar inviting the public to comment on proposed changes to their Joint Local Rules. Comments are due by October 6, 2024.

Electronic submissions are preferred and can be made through the following links on each court’s website:

Below is a summary of the proposed changes to the civil rules.²

Local Civil Rule 1.4. Notice of Appearance; Withdrawal or Displacement of Attorney of Record; Limited‐Scope Representation

The proposed rule codifies the practice of limited‐scope appearances, allowing attorneys to provide legal services for specific tasks. When an attorney and a party agree on such limited-scope representation, the proposed rule requires that the attorney file a notice that outlines the scope of the representation. Notice is not required if the attorney provides short-term services under specific programs, unless those services involve court filings, appearances before a judge, arbitrator, or mediator, or ongoing representation. 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. Limited-scope representation ends automatically when the attorney files a notice indicating the completion of the agreed tasks, which must include a certificate of service to the client. If an attorney wishes to withdraw before completing the tasks, they must follow the withdrawal procedure specified in subsection (b).

In addition, the proposed rule provides that when an attorney seeks to withdraw and a new attorney is substituted, an affidavit must accompany the motion if the new attorney plans to request changes to any existing deadlines.

Local Civil Rule 6.3. Motions for Reconsideration

The proposed rule requires that no party file an affidavit unless directed by the court. It also sets new length limits for briefs filed in connection with motions for reconsideration.

For attorney-filed or computer-prepared briefs:

Briefs supporting or responding to a motion may not exceed 3,500 words.
Reply briefs may not exceed 1,750 words.
These briefs must include a certificate of compliance as required by Local Civil Rule 7.1(c).

For briefs filed by unrepresented parties, handwritten or typewritten:

Briefs supporting or responding to a motion may not exceed 10 pages.
Reply briefs may not exceed 5 pages.

Local Civil Rule 7.1. Motion Papers

The proposed rule revises subsection (4) to incorporate Local Civil Rule 11.1. It specifies the following formatting standards for all documents submitted for filing:

Text must be 12‐point type or larger, except for text in footnotes which may be 10‐point type.
Documents must have at least one‐inch margins on all sides.
Text must be double‐spaced, except for headings, text in footnotes, or block quotations, which may be single‐spaced.

Additionally, the proposed rule introduces a new subsection (c) to establish default lengths for memoranda of law (subject to a court order or a Judge’s individual practices). The specifics are:

For attorney-filed or computer-prepared briefs:

Briefs supporting or responding to a motion may not exceed 8,750 words.
Reply briefs may not exceed 3,500 words.
These briefs must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word‐count limitations provided above and the typeface, margin, and spacing limitations provided in subsection (a)(4). The person preparing the certificate may rely on the word count of the word‐processing program used to prepare the document. The certificate must state the number of words in the document.

For briefs filed by unrepresented parties, handwritten or typewritten:

Briefs supporting or responding to a motion may not exceed 25 pages.
Reply briefs may not exceed 10 pages.

These length limits exclude the caption, index, table of contents, table of authorities, signature blocks, and required certificates but include material in footnotes or endnotes.

To the extent the court permits a party to submit briefs longer than these limits, and expresses those limits in pages, each additional page must not contain more than 350 additional words if the brief is filed by an attorney or prepared with a computer.

Local Civil Rule 11.1

Local Civil Rule 11.1 sets minimum legibility standards for documents filed with the Court and permits judges to impose specific formatting or font requirements based on their individual practices. The proposed change involves eliminating Local Civil Rule 11.1 and incorporating its provisions into the revised Local Civil Rule 7.1.

Local Civil Rule 1.8. Electronic Equipment and Recording, Broadcasting, and Streaming of Court Matters

The proposed rule makes clear courts have the authority to adopt additional policies governing the possession or use of electronic equipment within any courthouse. These policies will be made available on the court’s website or posted within the relevant courthouse.