Local Civil Rule 12.1 (S.D.N.Y. and E.D.N.Y.) — Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings
A published court requirement that applies in New York. Category: Local Rules. Effective January 2, 2026. Verified against the official source (S.D.N.Y. — Local Rules (U.S. District Court, Southern District of New York)) on November 2, 2026.
Summary
Local Civil Rule 12.1 (S.D.N.Y. and E.D.N.Y.) — Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings: the court's own rule, verbatim from Local Rules of the United States District Courts for the Southern and Eastern Districts of New York (Effective January 2, 2026), official PDF, sha-custodied. Court-level requirement: applies in every civil, criminal, admiralty, patent and Social Security case before the U.S. District Court for the Southern District of New York as its series states, alongside the federal rules and any judge-specific procedures; adopted jointly with the Eastern District of New York and carded here as the Southern District applies them.
Requirement
A represented party moving to dismiss or for judgment on the pleadings against a party proceeding pro se, who refers in support of the motion to matters outside the pleadings as described in Fed. R. Civ. P. 12(b) or 12(c), must serve and file the following notice with the full text of Fed. R. Civ. P. 56 attached at the time the motion is served. If the court rules that a motion to dismiss or for judgment on the pleadings will be treated as one for summary judgment under Fed. R. Civ. P. 56, and the movant has not previously served and filed the notice required by this rule, the movant must amend the form notice to reflect that fact and must serve and file the amended notice within 14 days of the court’s ruling. NOTICE TO PRO SE LITIGANT WHO OPPOSES A RULE 12 MOTION SUPPORTED BY MATTERS OUTSIDE THE PLEADINGS The defendant in this case has moved to dismiss or for judgment on the pleadings under Rule 12(b) or 12(c) of the Federal Rules of Civil Procedure, and has submitted additional written materials. This means that the defendant has asked the court to decide this case without a trial, based on these written materials. You are warned that the court may treat this motion as a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. For this reason, THE CLAIMS YOU ASSERT IN YOUR COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF YOU DO NOT RESPOND TO THIS MOTION ON TIME by filing sworn affidavits as required by Rule 56(c) and/or other documents. The full text of Rule 56 of the Federal Rules of Civil Procedure is attached. In short, Rule 56 provides that you may NOT oppose the defendant’s motion simply by relying on the allegations in your complaint. Rather, you must submit evidence, such as witness statements or documents, countering the facts asserted by the defendant and raising specific facts that support your claim. If you have proof of your claim, now is the time to submit it. Any witness statements must be in the form of affidavits. An affidavit is a sworn statement of fact based on personal knowledge stating facts that would be admissible in evidence at trial. You may submit your own affidavit and/or the affidavits of others. You may submit affidavits that were prepared specifically in response to defendant’s motion. If you do not respond to the motion on time with affidavits and/or documents contradicting the facts asserted by the defendant, the court may accept defendant’s facts as true. Your case may be dismissed and judgment may be entered in defendant’s favor without a trial. If you have any questions, you may direct them to the Pro Se Office.
Source of truth
A represented party moving to dismiss or for judgment on the pleadings against a party proceeding pro se, who refers in support of the motion to matters outside the pleadings as described in Fed. R. Civ. P. 12(b) or 12(c), must serve and file the following notice with the full te
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 2, 2026
- Last verified
- November 2, 2026benchpath-nyfed-rules-2026-11-02
Change history
- November 13, 2026Monitor detected a source-content or hash-basis change. Review the archived bytes before republishing dependent material.
- November 6, 2026Monitor detected a source-content or hash-basis change. Review the archived bytes before republishing dependent material.
- November 5, 2026Monitor detected a source-content or hash-basis change. Review the archived bytes before republishing dependent material.
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