US · rules
E.D.N.Y. Local Civil Rule 37.2
Discovery Disputes
Unless the individual practices of the judge presiding over discovery require a different
procedure, no motion under Fed. R. Civ. P. 26 through 37 inclusive and Fed. R. Civ. P.
45 will be heard unless counsel for the moving party has first requested an informal
conference with the court by letter-motion for a premotion discovery conference and
that request has either been denied or the discovery dispute has not been resolved as a
consequence of the conference.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
PRE-2013 COMMITTEE NOTE The modes of raising discovery disputes with the Court are sufficiently different in the Southern and Eastern Districts that the Committee is constrained to recommend the continuation of two different rules – Local Civil Rule 37.2 applying to the Southern District, and Local Civil Rule 37.3 applying to the Eastern District. 2013 COMMITTEE NOTE This amendment would make clear that the request to the Court required by Local Civil Rule 37.2 shall now be made by letter-motion as authorized by Local Civil Rule 7.1(d), instead of by letter as before, without any substantive change in practice. 2024 COMMITTEE NOTE Amended Local Civil Rule 37.2 simplifies practice by including both the E.D.N.Y. and S.D.N.Y. under a single consolidated rule. The consolidated rule emphasizes that litigants should consult the individual practices of judges before raising discovery disputes, as individual practices often diverge from Local Civil Rule 37.2. It also eliminates the reference to ECF filing, because all motions presumptively must be filed on ECF. Lastly, it adds Rule 45 motions for subpoena enforcement to the motions covered by the rule, because such motions are best understood as discovery motions.
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
6de915dab43bd9101f55dccae47ce77198e8105990d7c24ba15415b9d4493718
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