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Amendments to Local Rules Take Effect

By ALM Staff | Law Journal Newsletters |
April 06, 2004

The Local Civil Rules for the Southern and Eastern Districts of New York regarding motions for Reconsideration or Re-argument, and Statements of Material Facts on Motions for Summary Judgment, have been amended effective March 26, 2004.

Local Civil Rule 6.3 — Motions for Reconsideration or Re-argument, has been amended to clarify that the time to serve such a motion runs from the date of the entry of the court's order determining the original motion, or, in the case of a judgment, from the date of the entry of the judgment.

Local Civil Rule 56.1 — Statements of Material Facts on Motion for Summary Judgment, has been amended to clarify the numbering of paragraphs and requirements for citations to the record, particularly in opposition papers. The amended Rule 56.1 provides that opposition papers must include “a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party, and if necessary, additional paragraphs containing a separate, short and concise statement of additional material facts … ” LR 56.1(b). The amended Rule 56.1 also provides that each statement “ by the movant or opponent pursuant to Rule 56.1(a) and (b), including each statement controverting any statement of material fact,” must be followed by a citation to admissible evidence. LR 56.1(d).

The Local Civil Rules for the Southern and Eastern Districts of New York regarding motions for Reconsideration or Re-argument, and Statements of Material Facts on Motions for Summary Judgment, have been amended effective March 26, 2004.

Local Civil Rule 6.3 — Motions for Reconsideration or Re-argument, has been amended to clarify that the time to serve such a motion runs from the date of the entry of the court's order determining the original motion, or, in the case of a judgment, from the date of the entry of the judgment.

Local Civil Rule 56.1 — Statements of Material Facts on Motion for Summary Judgment, has been amended to clarify the numbering of paragraphs and requirements for citations to the record, particularly in opposition papers. The amended Rule 56.1 provides that opposition papers must include “a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party, and if necessary, additional paragraphs containing a separate, short and concise statement of additional material facts … ” LR 56.1(b). The amended Rule 56.1 also provides that each statement “ by the movant or opponent pursuant to Rule 56.1(a) and (b), including each statement controverting any statement of material fact,” must be followed by a citation to admissible evidence. LR 56.1(d).

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