N.D.N.Y. L.R. 5.1 — Service and Filing of Papers (Amended January 1, 2026)
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. 5.1 — Service and Filing of Papers (Amended January 1, 2026): 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 II, Commencement Of Action; Service Of Process, Pleadings, Motions And Orders.), alongside the federal rules and any judge-specific procedures.
Requirement
(a) All pleadings and other papers shall be served and filed in accordance with the Federal Rules of Civil Procedure and shall be in the form prescribed by L.R. 10.1. The party or its designee shall declare, by affidavit or certification, that it has provided all non-Electronic Case Filers (“non-ECF filers”) in the action with all documents it has filed with the Court. A pro se litigant may elect to receive service of filings in their individual case via Notice of Electronic Filing (“NEF”) by signing and submitting a Consent to Electronic Service at the time of filing an initial pleading or making an appearance in the case, or at any time throughout the pendency of the case. Pro se litigants who opt in shall be referred to as Electronic Recipients (“e-Recipient”). The filing of documents on CM/ECF shall constitute service on all Electronic Case Filers (“ECF filers”) and any pro se litigants who have opted in and consented to receive service via NEF. The electronic transmission of the NEF is sufficient proof of service on all individuals listed as recipients on the electronic notice. This includes all documents submitted for filing on CM/ECF by a pro se litigant. No additional service by mail or certificate of service is required for these recipients. However, any documents filed under seal or submitted for in camera inspection which require service by alternative methods must be accompanied by a certificate of service. (b) In civil actions where the Court has directed a party to submit a proposed order or judgment, that party shall file all such proposed orders or judgments on CM/ECF. If the assigned judge instructs the prevailing party to do so, the prevailing party shall submit a proposed order which the opposing party has approved, and which contains the endorsement of the opposing party: “Approved as to form.” When the parties are unable to agree as to the form of the proposed order, the prevailing party shall, on seven (7) days’ notice to all other parties, submit a proposed order and a written explanation for the form of that order. The Court may award costs and attorney’s fees against a party whose unreasonable conduct the Court deem to have required the bringing of the motion. The provisions of L.R. 7.1 shall not apply to such motion, and the Court shall not hear oral argument. (c) No paper on file in the Clerk's office shall be removed except pursuant to the Court's order. (d) A summons may be served by anyone over the age of 18 who is not a party to the action. (e) In the case of a prisoner's civil rights action, or any action where a party has been granted leave to proceed in forma pauperis, the Marshal shall serve the summons and complaint by regular mail pursuant to Fed. R. Civ. P. 4(c)(3). The Marshal shall file the return or other acknowledgment of service with the Court. The return shall constitute prima facie evidence of the service of process. If no acknowledgment of service is filed with the Court, the Marshal shall notify the plaintiff, and the Marshal shall make personal service as provided in Fed. R. Civ. P. 4. (f) Where there has been a removal of a New York State action that has been commenced pursuant to N.Y. C.P.L.R. 305(b) (summons with notice), the defendant shall file a demand for a complaint within fourteen (14) days of filing the notice of removal, unless the Court excuses this requirement or extends the time period. Within twenty (20) days of the service of the demand, the plaintiff shall serve a complaint upon the defendant. 5.1.1. Electronic Case Filing All cases filed in this Court will be assigned to the Electronic Case Filing System (“ECF”) in accordance with the Procedural Order on Electronic Case Filing (General Order #22), the provisions of which are incorporated herein by reference, and which the Court may amend from time to time. Copies of General Order # 22 are available at the Clerk’s office or at the Court’s webpage at www.nynd.uscourts.gov. 5.1.2 Prepayment of Fees (formerly L.R. 5.2) (Amended January 1, 2022) (a) Filing Fees. A party commencing an action or removing an action from a state court must pay to the Clerk the statutory filing fee. Title 28 U.S.C. § 1915 and L.R. 5.1.4 govern in forma pauperis proceedings. Failure to pay the full filing fee or include a signed Application to Proceed In Forma Pauperis will result in the Clerk opening the case and referring the case to the assigned judicial officer for an order administratively closing the case. 5.1.3 Schedule of Fees (formerly L.R. 5.3) Fee schedules are available at the Clerk’s office or at the Court’s webpage at www.nynd.uscourts.gov. 5.1.4 Civil Actions Filed In Forma Pauperis; Applications for Leave to Proceed In Forma Pauperis (formerly L.R. 5.4) (Amended January 1, 2022) (a) On receipt of a complaint or petition and an application to proceed in forma pauperis, and supporting documentation as required for prisoner litigants, the Clerk shall promptly file the complaint or petition without the payment of fees and assign the action in accordance with L.R. 3.1. The Clerk shall then forward the complaint or petition, application and supporting documentation to the assigned judicial officer for a determination of the in forma pauperis application and the sufficiency of the complaint or petition and, if appropriate, to direct service by the Marshal. Prior to the Marshal serving process pursuant to 28 U.S.C. § 1915(d) and L.R. 5.1(e), the Court shall review all actions filed pursuant to 28 U.S.C. § 1915(g) to determine whether sua sponte dismissal is appropriate. The granting of an in forma pauperis application shall not relieve a party of the obligation to pay all other fees for which that party is responsible regarding the action, including but not limited to copying and/or witness fees. (b) Whenever a fee is due for a civil action subject to the Prison Litigation Reform Act (“PLRA”), the prisoner must comply with the following procedure: 1. (A) Submit a signed, fully completed and properly certified in forma pauperis application; and (B) Submit the authorization form issued by the Clerk’s office. 2. (A) (i) If the prisoner has not fully complied with the requirements set forth in paragraph 1 above, a judicial officer shall, by Court order, inform the prisoner about what he or she must submit in order to proceed with such action in this District and administratively close the case. (ii) The Order shall afford the prisoner thirty (30) days in which to comply with the terms of same. (iii) After a case has been administratively closed, upon receipt of a signed, fully completed and properly certified in forma pauperis application and a signed authorization form, or the payment of the full filing fee, the Clerk shall reopen the case. If the action is not subject to sua sponte dismissal, the judicial officer shall review the in forma pauperis application, if applicable. (B) If the prisoner has fully complied with the requirements set forth in paragraph 1 above, and the action is not subject to sua sponte dismissal, the judicial officer shall review the in forma pauperis application. The granting of the application shall in no way relieve the prisoner of the obligation to pay the full amount of the filing fee. 3. After being notified of the filing of the civil action, the agency having custody of the prisoner shall comply with the provisions of 28 U.S.C. § 1915(b) regarding the filing fee due for the action. 5.1.5 Filing by Facsimile or E-mail (formerly L.R. 5.5) Neither the Court nor the Clerk's Office will accept for filing any facsimile or e-mail transmission without prior authorization from the Court. The party using facsimile or e-mail transmissions to file its papers must accompany any such documents with a cover letter stating that the Court authorized such transmissions and the date on which the Court provided that authorization. Violations of this Rule subject the offending party to the Court's full disciplinary powers. 5.1.6 Documents to be provided to the Court Clerk (Amended January 1, 2025) All pretrial and settlement conference statements shall not be filed on the docket, but rather shall be provided to the Court via MFT on the Court’s website. These documents are not available for public view. Forms for preparation of pretrial and settlement conference statements are available from the Clerk’s office or at the Court's webpage at www.nynd.uscourts.gov. 5.1.7 Recording of Proceedings (formerly L.R. 5.8) Recording of any court proceeding, regardless of the medium, is prohibited without prior notification and approval from the presiding judicial officer.
Source of truth
(a) All pleadings and other papers shall be served and filed in accordance with the Federal Rules of Civil Procedure and shall be in the form prescribed by L.R. 10.1. The party or its designee shall declare, by affidavit or certification, that it has provided all non-Electronic C
- 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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