US · rules
E.D.N.Y. Local Civil Rule 16.1
Exemptions from Mandatory Scheduling Order
Habeas corpus petitions, section 2255 motions, social security disability cases,
forfeitures, reviews from administrative agencies (including Freedom of Information
Act cases), and bankruptcy appeals, are exempted from the mandatory scheduling
order required by Fed. R. Civ. P. 16(b). Discovery may proceed in those cases only at the
time, and to the extent, authorized by the court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
PRE-2024 COMMITTEE NOTE The Committee recommends the retention of Local Civil Rule 16.1. It serves an important function, because Fed. R. Civ. P. 16(b)(1) requires that any exemption of categories of cases from the mandatory scheduling order requirement must be accomplished by a local rule. 2024 COMMITTEE NOTE The rule was amended to add 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.
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
5196bd5c62d8958b470c8e1c393404ccd767a101bef30399f8eb7f43a1065460
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