US · rules
E.D.N.Y. Local Criminal Rule 16.1
Good Faith Requirement for Discovery Motions
No motion addressed to a bill of particulars or any discovery matter may be heard
unless counsel for the moving party files in, or simultaneously with, the moving papers
an affidavit certifying that counsel has conferred with counsel for the opposing party in
an effort in good faith to resolve by agreement the issues raised by the motion without
the intervention of the court and has been unable to reach agreement. If some of the
issues raised by the motion have been resolved by agreement, the affidavit must specify
the issues remaining unresolved.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
PRE-2024 COMMITTEE NOTE The rule was simplified to refer to “a bill of particulars or any discovery matter,” and to make clear that the requisite certification could be filed as part of the motion papers. 2024 COMMITTEE NOTE The title of this rule has been updated to avoid confusion with Fed. R. Crim. P. 16.1, which was enacted in 2019 and requires a “pretrial discovery conference” between counsel.
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
277b393daa57e0e7d63f4d1d847192a26317d1e6cf823e5dd09b2329dd0c9ccb
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