US · rules
E.D.N.Y. Local Civil Rule 6.1
Service and Filing of Motion Papers
Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided
otherwise by statute or rule, or by the court in a judge’s individual practices or in a
direction in a particular case, motion papers must be served and filed as follows:
(a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3),
(1) all motion papers must be served by the moving party on all other parties that
have appeared in the action, (2) any opposing or response papers must be served
within seven days after service of the moving papers, and (3) any reply papers
must be served within two days after service of the answering papers. In
computing periods of days, refer to Fed. R. Civ. P. 6.
(b) On all civil motions, petitions, and applications, other than those described in Rule
6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers
must be served by the moving party on all other parties that have appeared in the
action, (2) any opposing or response papers must be served within 14 days after
service of the moving papers, and (3) any reply papers must be served within
seven days after service of the answering papers. In computing periods of days,
refer to Fed. R. Civ. P. 6.
(c) Unless otherwise exempt, filing and service must be accomplished via ECF.
(d) No ex parte order, or order to show cause to bring on a motion, will be granted,
except upon a clear and specific showing by affidavit that contains good and
sufficient reasons why a procedure other than by notice of motion is necessary and
states whether a previous application for similar relief has been made.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
PRE-2013 COMMITTEE NOTE In the initial paragraph of Local Civil Rule 6.1, the Committee recommends the deletion of the parenthetical reference to Fed. R. Civ. P. 56, because Fed. R. Civ. P. 56, as amended effective December 1, 2010, no longer provides for a different period of time to make a motion for summary judgment than that prescribed by Local Civil Rule 6.1. In Local Civil Rule 6.1(c), the Committee recommends the deletion of the words “or upon application” in order to prevent any implication that oral argument will be granted automatically upon application. This change is not intended to suggest that the parties cannot apply to the Court for oral argument. 2013 COMMITTEE NOTE This is a conforming amendment designed to bring Local Civil Rule 6.1 into conformity with recommended new Local Civil Rule 7.1(d), which authorizes letter-motions in the case of certain nondispositive matters. 2024 COMMITTEE NOTE Local Civil Rule 6.1 has been amended in several respects. First, in light of the withdrawal of Local Civil Rule 6.4, references to that rule have been eliminated here. Second, because Local Civil Rule 7.1 explains what constitutes “motion papers,” there is no need to repeat here the types of papers that must accompany a motion—this rule now refers only to “motion papers,” “opposing and response papers,” and “reply papers.” Third, the revised rule makes clear that filing and service of motion papers must be accomplished via ECF, unless the filing ha`s been exempted. Fourth, the former subsection (c) of this rule, which was tied to the now-defunct practice of motions being filed with “return dates” returnable on a judge’s predetermined dates for oral argument, has been eliminated.
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
e5afe98694893f50dcbcdfb6edd9e6b866e18bc32537d3579245936e2189a6f4
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