S.D.N.Y. Division of Business Rule 9 — Motions for Collateral Relief from Federal Convictions
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 9 — Motions for Collateral Relief from Federal Convictions: 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
When a motion for collateral relief under 28 U.S.C. § 2255 or an audita querellas is filed, it shall be assigned for all further proceedings to the judge to whom the underlying case was assigned. When a motion under Federal Rule of Criminal Procedure 41(g) for the return of property seized in a criminal case is filed, it shall be assigned for all further proceedings to the judge to whom the underlying case was assigned. Federal Rule of Criminal Procedure 41(g) motions that are filed after the related criminal case is closed, shall be opened as a new civil action, and all filings shall be docketed therein. If the judge to whom the underlying case was assigned is unable to entertain the motion, the motion shall be assigned by lot or to the chief judge where appropriate.
Source of truth
When a motion for collateral relief under 28 U.S.C. § 2255 or an audita querellas is filed, it shall be assigned for all further proceedings to the judge to whom the underlying case was assigned. When a motion under Federal Rule of Criminal Procedure 41(g) for the return of prope
- 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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