Loc. R. Civ. P. 7 — Motion Practice
A published court requirement that applies in New York. Category: Local Rules. Effective January 15, 2026. Verified against the official source (W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)) on November 3, 2026.
Summary
Loc. R. Civ. P. 7 — Motion Practice: the court's own rule, verbatim from the Local Rules of Civil Procedure, United States District Court for the Western District of New York, effective January 15, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every civil case before the U.S. District Court for the Western District of New York, alongside the Federal Rules of Civil Procedure (the rules are numbered to conform to them) and any judge-specific procedures.
Requirement
(a) Submissions. (1) Notice of Motion. A notice of motion is required for all motions, and must state: the relief sought, the grounds for the request, the papers submitted in support, and the return date for the motion, if known. A moving party who intends to file and serve reply papers must so state in the notice of motion. Failure to file or serve a notice of motion unless otherwise ordered or excused by the Court may be grounds for denial or for striking of the motion, without prejudice. Reply papers filed without prior notice or authorization may be stricken. (2) Memorandum of Law. (A) Required. Absent leave of Court or as otherwise specified, upon any motion filed pursuant to Fed. R. Civ. P. 12, 56 or 65(a), the moving party shall file and serve a memorandum of law and the opposing party shall file and serve an answering memorandum. Failure to comply with this requirement may constitute grounds for resolving the motion against the non-complying party. The moving party may file a reply memorandum, but is not required to do so. (B) Discretionary. Nothing in these Local Rules precludes a moving party from filing a memorandum in support of a motion made other than pursuant to Fed. R. Civ. P. 12, 56 or 65(a). The Court, in its discretion, may require written memoranda on such other motions. (C) Page Limits. Memoranda in support of or in opposition to any motion shall not exceed twenty-five (25) pages in length, and reply memoranda shall not exceed ten (10) pages in length. Tables of contents and tables of authorities are not included in the page limitations. A party seeking to exceed the page limit must make application by letter to the Judge hearing the motion, with copies to all counsel, at least seven (7) days before the date on which the memorandum must be filed. (3) Affidavit, Declaration, or Affirmation. An affidavit, declaration, or affirmation must not contain legal arguments, but must contain factual and procedural background relevant to the motion it supports. Except for motions brought under Fed. R. Civ. P. 12(b)(1) (lack of subject matter jurisdiction), 12(b)(6) (failure to state a claim), 12(c) (judgment on the pleadings), and 12(f) (to strike), motions and opposition to motions shall be supported by at least one (1) affidavit, declaration or affirmation, and by such other evidence (i.e., deposition testimony, interrogatory answers, admissions, and documents) as appropriate to resolve the particular motion. Failure to comply with this requirement may constitute grounds for resolving the motion against the non-complying party. (4) Supporting Material. A party seeking or opposing any relief under the Federal Rules of Civil Procedure shall file only the portion(s) of a deposition, interrogatory, request for documents, request for admission, or other supporting material that is pertinent to the application. (5) Summary Judgment. See Loc. R. Civ. P. 56 for additional provisions specific to summary judgment motions. (6) Sur-Reply. Absent permission of the Judge hearing the motion, sur-reply papers are not permitted. (7) Courtesy Copy. Immediately after filing a motion for an expedited hearing (Loc. R. Civ. P. 7(d)(1)), or motion for a temporary restraining order (Loc. R. Civ. P. 65(a)), the moving party must deliver a courtesy copy of the motion papers to the chambers of the assigned Judge. The Court may, in its discretion, request courtesy copies on any other motion. (8) Service of Unpublished Decisions. In cases involving a pro se litigant, counsel shall, when serving a memorandum of law (or other submissions to the Court), provide the pro se litigant (but not other counsel or the Court) with printed copies of decisions cited therein that are unreported or reported exclusively on computerized databases. (b) Briefing Schedules. (1) Court Order. After a motion is filed, the Court may issue an order setting deadlines for filing and service of opposing papers, and for filing and service of reply papers if the moving party has stated an intent to reply. With respect to pro se motions, the Court will set a briefing schedule as provided in Loc. R. Civ. P. 5.2(h). (2) Absent Court Order. If the Court does not set deadlines by order, the following schedules shall apply: (A) Summary Judgment Motions. The opposing party shall have twenty-eight (28) days after service of the motion to file and serve responding papers, and the moving party shall have fourteen (14) days after service of the responding papers to file and serve reply papers. If the party opposing the original motion files a cross-motion, the moving party shall have twenty- eight (28) days after service of the cross-motion to file and serve responding papers in opposition to the cross-motion, and the party filing the cross- motion shall have fourteen (14) days after service of the responding papers to file and serve reply papers in support of the cross-motion. (B) All Other Motions. The opposing party shall have fourteen (14) days after service of the motion to file and serve responding papers, and the moving party shall have seven (7) days after service of the responding papers to file and serve reply papers. (c) Oral Argument. The parties shall appear for oral argument on all motions they make returnable before a Judge on the scheduled return date for the motion. In its discretion, the Court may notify the parties that oral argument shall not be heard on any given motion. Thus, the parties should be prepared to have their motion papers serve as the sole method of argument. (d) Procedures for Specific Motions. (1) Motion for an Expedited Hearing. A party seeking to shorten the schedule prescribed in subparagraph (b) must make a separate motion for an expedited hearing, setting forth the reasons why an expedited hearing is required. The motion must be accompanied by: (A) the motion the party is seeking to have heard on an expedited basis, together with supporting affidavits and memorandum of law; and (B) a proposed order granting an expedited hearing, with dates for serving the motion, filing responsive papers, and for a hearing left blank to be filled in by the Court. A motion for an expedited hearing may, for good cause shown, be made ex parte. Papers in support of an ex parte application shall state the attempts made to resolve the dispute through a motion on notice and/or state why notice of the motion may not be given. Immediately after filing the motion for an expedited hearing (and accompanying documents), counsel for the moving party shall personally deliver courtesy copies of the motion papers to chambers and await further instructions from the Court. If the moving party is represented by out-of-town counsel who is unable to personally deliver courtesy copies, counsel shall contact chambers by telephone to request a waiver of this requirement. (2) Motion to Settle an Order. When counsel are unable to agree on the form of a proposed order, the prevailing party may move, upon seven (7) days’ notice to all parties, to settle the order. The Court may award costs and attorney’s fees against an attorney if it determines that the attorney’s unreasonable conduct necessitated bringing the motion. (3) Discovery Motion. No motion for discovery and/or production of documents under Fed. R. Civ. P. 37 shall be heard unless accompanied by an affidavit showing that sincere attempts to resolve the discovery dispute have been made. Such affidavit shall detail the times and places of the parties’ meetings or discussions concerning the discovery dispute and the names of all parties participating therein, and all related correspondence must be attached. (4) Motion to Expand Record On Appeal. A party who seeks to include material that was not previously filed in a record on appeal must obtain a Court order directing the Clerk of Court to file the material. The order can be sought by motion or by stipulation of all counsel/parties.
Source of truth
(a) Submissions. (1) Notice of Motion. A notice of motion is required for all motions, and must state: the relief sought, the grounds for the request, the papers submitted in support, and the return date for the motion, if known. A moving party who intends to file and serve rep
- Official source
- W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)
- Source health
- Healthy · checked November 15, 2026
- Effective date
- January 15, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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