US · rules
E.D.N.Y. Local Social Security Rule 8.1
Opposition and Reply Briefs in Pro Se Cases
A plaintiff appearing pro se who fails to file an initial brief for the requested relief may
nonetheless file a brief in opposition to the brief filed by the Commissioner pursuant to
Local Social Security Rule 7.1. Such brief in opposition must be filed and served on the
Commissioner within 14 days after service of the Commissioner’s brief (or within such
extended time period granted by the court). In such a circumstance, neither party is
permitted to file a reply brief, absent leave of court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
2025 COMMITTEE NOTE Local Social Security Rules 7.1 and 8.1 clarify the procedure to be used when a plaintiff proceeding pro se fails to file an opening brief as required by Supplemental Social Security Rule 6. In order to ensure that the court has the benefit of at least one party's analysis, the Commissioner is still obligated to file a brief, with the deadline that would have been in place—unless extended—had plaintiff filed an opening brief. The Local Social Security Rules also clarify that a plaintiff, despite not filing an opening brief, may still oppose the relief sought by the Commissioner (in the form of an opposition brief), but neither side may file a reply brief in such circumstances, absent leave of court. The default word limits in Local Social Security Rule 5.1 apply to any submission under this rule. COMMITTEE NOTES: LOCAL CRIMINAL RULES
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
47fd0a360917f87c9379c8ba2c152cf774e29fd663b980b8fb1ee25a51781d57
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