S.D.N.Y. Division of Business Rule 3 — Part I
A published court requirement that applies in New York. Category: Local Rules. Effective February 12, 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
S.D.N.Y. Division of Business Rule 3 — Part I: the court's own rule, verbatim from Rules for the Division of Business Among District Judges, Southern District of New York (Effective February 12, 2026), official PDF, sha-custodied. Court-level requirement: governs the assignment and transfer of cases among the district judges of the U.S. District Court for the Southern District of New York; adopted for the internal management of the court's case load.
Requirement
(a) Establishment of Part I Part I is established for hearing and determining certain emergency and miscellaneous matters in civil and criminal cases. Judges shall choose assignment to Part I from an appropriate schedule, in order of their seniority, for periods not to exceed three weeks in each year. The judge(s) assigned full-time to White Plains do not sit in Part I in Manhattan. The assignment committee may, on consent of the judges affected, change such assignments, if necessary, to meet the needs of the court. Part I shall be open from 9:00 a.m. to 5:00 p.m. Monday through Friday (except on holidays) and available after hours — including weekends, holidays, and during court closures — in case of emergency. After-hours contact information for the Part I judge is available on the Court’s website. The judge presiding in Part I may fix such other times for any proceeding as necessary. (b) Bar Admissions and Naturalizations The Part I judge (or that judge’s designee) shall hear admissions to the bar in Manhattan on Tuesdays at 10:00 a.m. and shall conduct naturalization proceedings in Manhattan on Fridays at 11:00 a.m. (c) Civil Proceedings in Part I (1) Miscellaneous Civil Matters The judge presiding in Part I shall hear and determine those miscellaneous proceedings in civil matters not assigned to a judge. (2) Civil Emergency Matters The Part I judge shall hear and determine all emergency matters in civil cases which have been assigned to a judge when the assigned judge is absent or has expressly referred the matter to Part I only when that judge is unavailable due to extraordinary circumstances. Depending on the procedures the Part I judge deems the more efficient, the Part I judge may either dispose of an emergency matter only to the extent necessary to meet the emergency, or, on consent of the assigned judge and notice to the clerk, transfer the action to himself or herself for all further proceedings. (3) Subsequent Emergency Proceedings If a civil emergency matter is brought before the Part I judge and the judge concludes that for lack of emergency or otherwise the proceeding should not be determined in Part I, the party who brought the proceeding shall not present the same matter again to any other Part I judge unless relevant circumstances have changed in the interim in which case the party shall advise the judge of the prior proceedings and changed circumstances. (4) Modifications When a modification or further action on a Part I determination is sought in connection with an assigned case, it shall be handled by the judge assigned to the case. If a case is not assigned to a judge or if the assigned judge is unavailable, it shall be referred to the judge who made the original determination even if that judge is no longer sitting in Part I. (d) Criminal Proceedings in Part I The judge presiding in Part I shall: (1) Hear and determine all emergency matters in criminal cases which have been assigned to a judge when the assigned judge is absent or has expressly referred the matter to Part I only when that judge is unavailable due to extraordinary circumstances. (2) Hear and determine appeals from orders of a magistrate judge in cases that have not yet been assigned to a district judge. (e) Applicability to the White Plains Courthouse With respect to cases pending in the White Plains Courthouse, the judges in White Plains will continue to follow such procedures as they find convenient. The other paragraphs of this Rule apply to such cases only in the event that no judge is available at the White Plains Courthouse. Admissions to the bar shall be held in White Plains on a schedule to be published annually.
Source of truth
(a) Establishment of Part I Part I is established for hearing and determining certain emergency and miscellaneous matters in civil and criminal cases. Judges shall choose assignment to Part I from an appropriate schedule, in order of their seniority, for periods not to exceed thr
- Source health
- Healthy · checked November 14, 2026
- Effective date
- February 12, 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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