N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.8-b - [Effective 7/7/2025] Length of Papers on a Motion Pursuant to CPLR 2214 or 2215

(a) Where prepared by use of a computer, unless otherwise permitted by the court:

(i) attorney affidavits, or affirmations, and memoranda of law in chief shall be limited to 7,000 words each:

(ii) reply attorney affidavits, or affirmations, and memoranda of law shall be no more than 4,200 words each and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. These word limitations shall not apply to evidentiary materials such as affidavits, affirmations or reports from lay or expert witnesses.

(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. These word and page limitations shall not apply to evidentiary materials such as affidavits, affirmations or reports from lay or expert witnesses.

(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. These word and page limitations shall not apply to evidentiary materials such as affidavits, affirmations or reports from lay or expert witnesses.

(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

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.8-b

Adopted New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/1/2021 Amended eff. 7/1/2022. Amended New York State Register July 6, 2022/Volume XLIV, Issue 27, eff. 7/1/2022 Amended eff. 7/27/2022. Amended New York State Register August 31, 2022/Volume XLIV, Issue 35, eff. 8/31/2022 Amended New York State Register May 28, 2025/Volume XLVII, Issue 21, eff. 7/7/2025