N.D.N.Y. L.R. 37.1 — Discovery Motions (formerly L.R. 7.1(d)) (amended January 1, 2021)
A published court requirement that applies in New York. Category: Local Rules. Effective January 1, 2026. Verified against the official source (N.D.N.Y. — Local Rules (U.S. District Court, Northern District of New York)) on November 3, 2026.
Summary
N.D.N.Y. L.R. 37.1 — Discovery Motions (formerly L.R. 7.1(d)) (amended January 1, 2021): the court's own rule, verbatim from the Local Rules of Practice, United States District Court for the Northern District of New York, effective January 1, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every case before the U.S. District Court for the Northern District of New York as its section states (Section V, Depositions And Discovery), alongside the federal rules and any judge-specific procedures.
Requirement
The following steps are required prior to making any discovery motion pursuant to Rules 26 through 37 of the Federal Rules of Civil Procedure. a. Parties must make good faith efforts among themselves to resolve or reduce all differences relating to discovery prior to seeking court intervention. b. The moving party must confer in detail with the opposing party concerning the discovery issues between them in a good faith effort to eliminate or reduce the area of controversy and to arrive at a mutually satisfactory resolution. Failure to do so may result in denial of a motion to compel discovery and/or imposition of sanctions. c. If the parties' conference does not fully resolve the discovery issues, the party seeking relief must then request a court conference with the assigned Magistrate Judge. Pro se parties who are incarcerated are not subject to the court conference requirement prior to filing a motion to compel discovery. The assigned Magistrate Judge may direct the party making the request for a court conference to file an affidavit setting forth the date(s) and mode(s) of the consultation(s) with the opposing party and a letter that concisely sets forth the nature of the dispute and a specific listing of each of the items of discovery sought or opposed. Immediately following each disputed item, the party must set forth the reason why the Court should allow or disallow that item. d. Following a request for a discovery conference, the Court may schedule a conference and advise all parties of a date and time. The assigned Magistrate Judge may, in his or her discretion, conduct the discovery conference by telephone conference call, initiated by the party making the request for the conference, by video conference, or by personal appearance. e. Following a discovery conference, the Court may direct the prevailing party to submit a proposed order on notice to the other parties. f. If a party fails or refuses to confer in good faith with the requesting party, thus requiring the request for a discovery conference, the Court, at its discretion, may subject the resisting party to the sanction of the imposition of costs, including the attorney’s fees of opposing party in accordance with Fed. R. Civ. P. 37. g. A party claiming privilege with respect to a communication or other item must specifically identify the privilege and the grounds for the claimed privilege. The parties may not make any generalized claims of privilege. h. The parties shall file any motion to compel discovery that these Rules authorize no later than FOURTEEN DAYS after the discovery cut-off date. See L.R. 16.2. A party shall accompany any motion that it files pursuant to Fed. R. Civ. P. 37 with the discovery materials to which the motion relates if the parties have not previously filed those materials with the Court.
Source of truth
The following steps are required prior to making any discovery motion pursuant to Rules 26 through 37 of the Federal Rules of Civil Procedure. a. Parties must make good faith efforts among themselves to resolve or reduce all differences relating to discovery prior to seeking cour
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 1, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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