W.D.N.Y. Loc. R. Civ. P. 7

(a) Submissions.

(1) Notice of Motion. A notice of motion is required for all motions, and must state:

the relief sought, the grounds for the request, the papers submitted in support, and

the return date for the motion, if known. A moving party who intends to file and

serve reply papers must so state in the notice of motion. Failure to file or serve a

notice of motion unless otherwise ordered or excused by the Court may be grounds

for denial or for striking of the motion, without prejudice. Reply papers filed

without prior notice or authorization may be stricken.

(2) Memorandum of Law.

(A) Required. Absent leave of Court or as otherwise specified, upon any

motion filed pursuant to Fed. R. Civ. P. 12, 56 or 65(a), the moving party

shall file and serve a memorandum of law and the opposing party shall file

and serve an answering memorandum. Failure to comply with this

requirement may constitute grounds for resolving the motion against the

non-complying party. The moving party may file a reply memorandum,

but is not required to do so.

(B) Discretionary. Nothing in these Local Rules precludes a moving party

from filing a memorandum in support of a motion made other than

pursuant to Fed. R. Civ. P. 12, 56 or 65(a). The Court, in its discretion,

may require written memoranda on such other motions.

(C) Page Limits. Memoranda in support of or in opposition to any motion

shall not exceed twenty-five (25) pages in length, and reply memoranda

shall not exceed ten (10) pages in length. Tables of contents and tables of

authorities are not included in the page limitations. A party seeking to

exceed the page limit must make application by letter to the Judge hearing

the motion, with copies to all counsel, at least seven (7) days before the date

on which the memorandum must be filed.

(3) Affidavit, Declaration, or Affirmation. An affidavit, declaration, or affirmation

must not contain legal arguments, but must contain factual and procedural

background relevant to the motion it supports. Except for motions brought under

Fed. R. Civ. P. 12(b)(1) (lack of subject matter jurisdiction), 12(b)(6) (failure to

state a claim), 12(c) (judgment on the pleadings), and 12(f) (to strike), motions and

opposition to motions shall be supported by at least one (1) affidavit, declaration

or affirmation, and by such other evidence (i.e., deposition testimony,

interrogatory answers, admissions, and documents) as appropriate to resolve the

particular motion. Failure to comply with this requirement may constitute

grounds for resolving the motion against the non-complying party.

(4) Supporting Material. A party seeking or opposing any relief under the Federal

Rules of Civil Procedure shall file only the portion(s) of a deposition, interrogatory,

request for documents, request for admission, or other supporting material that is

pertinent to the application.

(5) Summary Judgment. See Loc. R. Civ. P. 56 for additional provisions specific to

summary judgment motions.

(6) Sur-Reply. Absent permission of the Judge hearing the motion, sur-reply papers

are not permitted.

(7) Courtesy Copy. Immediately after filing a motion for an expedited hearing (Loc.

R. Civ. P. 7(d)(1)), or motion for a temporary restraining order (Loc. R. Civ. P.

65(a)), the moving party must deliver a courtesy copy of the motion papers to the

chambers of the assigned Judge. The Court may, in its discretion, request courtesy

copies on any other motion.

(8) Service of Unpublished Decisions. In cases involving a pro se litigant, counsel

shall, when serving a memorandum of law (or other submissions to the Court),

provide the pro se litigant (but not other counsel or the Court) with printed copies

of decisions cited therein that are unreported or reported exclusively on

computerized databases.

(b) Briefing Schedules.

(1) Court Order. After a motion is filed, the Court may issue an order setting

deadlines for filing and service of opposing papers, and for filing and service of

reply papers if the moving party has stated an intent to reply. With respect to pro se

motions, the Court will set a briefing schedule as provided in Loc. R. Civ. P. 5.2(h).

(2) Absent Court Order. If the Court does not set deadlines by order, the following

schedules shall apply:

(A) Summary Judgment Motions. The opposing party shall have twenty-eight

(28) days after service of the motion to file and serve responding papers,

and the moving party shall have fourteen (14) days after service of the

responding papers to file and serve reply papers. If the party opposing the

original motion files a cross-motion, the moving party shall have twenty-eight (28) days after service of the cross-motion to file and serve responding

papers in opposition to the cross-motion, and the party filing the cross-motion shall have fourteen (14) days after service of the responding papers

to file and serve reply papers in support of the cross-motion.

(B) All Other Motions. The opposing party shall have fourteen (14) days after

service of the motion to file and serve responding papers, and the moving

party shall have seven (7) days after service of the responding papers to file

and serve reply papers.

(c) Oral Argument. The parties shall appear for oral argument on all motions they make

returnable before a Judge on the scheduled return date for the motion. In its discretion,

the Court may notify the parties that oral argument shall not be heard on any given

motion. Thus, the parties should be prepared to have their motion papers serve as the sole

method of argument.

(d) Procedures for Specific Motions.

(1) Motion for an Expedited Hearing. A party seeking to shorten the schedule

prescribed in subparagraph (b) must make a separate motion for an expedited

hearing, setting forth the reasons why an expedited hearing is required. The

motion must be accompanied by:

(A) the motion the party is seeking to have heard on an expedited basis,

together with supporting affidavits and memorandum of law; and

(B) a proposed order granting an expedited hearing, with dates for serving the

motion, filing responsive papers, and for a hearing left blank to be filled in

by the Court.

A motion for an expedited hearing may, for good cause shown, be made ex parte.

Papers in support of an ex parte application shall state the attempts made to resolve

the dispute through a motion on notice and/or state why notice of the motion may

not be given.

Immediately after filing the motion for an expedited hearing (and accompanying

documents), counsel for the moving party shall personally deliver courtesy copies

of the motion papers to chambers and await further instructions from the Court.

If the moving party is represented by out-of-town counsel who is unable to

personally deliver courtesy copies, counsel shall contact chambers by telephone to

request a waiver of this requirement.

(2) Motion to Settle an Order. When counsel are unable to agree on the form of a

proposed order, the prevailing party may move, upon seven (7) days’ notice to all

parties, to settle the order. The Court may award costs and attorney’s fees against

an attorney if it determines that the attorney’s unreasonable conduct necessitated

bringing the motion.

(3) Discovery Motion. No motion for discovery and/or production of documents

under Fed. R. Civ. P. 37 shall be heard unless accompanied by an affidavit showing

that sincere attempts to resolve the discovery dispute have been made. Such

affidavit shall detail the times and places of the parties’ meetings or discussions

concerning the discovery dispute and the names of all parties participating therein,

and all related correspondence must be attached.

(4) Motion to Expand Record On Appeal. A party who seeks to include material

that was not previously filed in a record on appeal must obtain a Court order

directing the Clerk of Court to file the material. The order can be sought by motion

or by stipulation of all counsel/parties.