N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.8-b - [Effective until 7/7/2025] Length of Papers
(a)
Where prepared by use of a computer, unless otherwise permitted by the court:
(i) affidavits, affirmations, briefs and
memoranda of law in chief shall be limited to 7.000 words each:
(ii) reply affidavits, affirmations, and
memoranda shall be no more than 4,200 words and shall not contain any arguments
that do not respond or relate to those made in the memoranda in
chief.
(b) For purposes
of paragraph (a) above, the word count shall exclude the caption, table of
contents, table of authorities, and signature block.
(c) Every brief, memorandum, affirmation, and
affidavit which was prepared by use of a computer shall include on a page
attached to the end of the applicable document, a certification by the counsel
who has filed the document setting forth the number of words in the document
and certifying that the document complies with the word count limit. The
counsel certifying compliance may rely on the word count of the word-processing
system used to prepare the document.
(d) Where typewritten or handwritten,
affidavits, affirmations, briefs and memoranda of law in chief shall be limited
to 20 pages each; and reply affidavits, affirmations, and memoranda shall be
limited to 10 pages each and shall not contain any arguments that do not
respond or relate to those made in the memoranda in chief.
(e) Where a party opposing a motion makes a
cross-motion, the affidavits, affirmations, briefs, or memoranda submitted by
that party shall be limited to 7,000 words each when prepared by use of a
computer or to 20 pages each when typewritten or handwritten. Where a
cross-motion is made, reply affidavits, affirmations, briefs or memoranda of
the party who made the principal motion shall be limited to 4,200 words when
prepared by use of a computer or to 10 pages when typewritten or
handwritten.
(f) The court may,
upon oral or letter application on notice to all parties permit the submission
of affidavits, affirmations, briefs or memoranda which exceed the limitations
set forth above. In the event that the court grants permission for an oversize
submission, the certification required by paragraph (c) above shall set forth
the number of words in the document and certify compliance with the limit, if
any set forth by the court.
Notes
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(a) Where prepared by use of a computer, unless otherwise permitted by the court:
(i) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7.000 words each:
(ii) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.
(b) For purposes of paragraph (a) above, the word count shall exclude the caption, table of contents, table of authorities, and signature block.
(c) Every brief, memorandum, affirmation, and affidavit which was prepared by use of a computer shall include on a page attached to the end of the applicable document, a certification by the counsel who has filed the document setting forth the number of words in the document and certifying that the document complies with the word count limit. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document.
(d) Where typewritten or handwritten, affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 20 pages each; and reply affidavits, affirmations, and memoranda shall be limited to 10 pages each and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.
(e) Where a party opposing a motion makes a cross-motion, the affidavits, affirmations, briefs, or memoranda submitted by that party shall be limited to 7,000 words each when prepared by use of a computer or to 20 pages each when typewritten or handwritten. Where a cross-motion is made, reply affidavits, affirmations, briefs or memoranda of the party who made the principal motion shall be limited to 4,200 words when prepared by use of a computer or to 10 pages when typewritten or handwritten.
(f) The court may, upon oral or letter application on notice to all parties permit the submission of affidavits, affirmations, briefs or memoranda which exceed the limitations set forth above. In the event that the court grants permission for an oversize submission, the certification required by paragraph (c) above shall set forth the number of words in the document and certify compliance with the limit, if any set forth by the court.