Opposition to Motion to Dismiss

 United States District Court
 Eastern District of New York

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

Moving Papers

Unless otherwise provided by statute or rule (such as Fed. R. Civ. P. 56), on all non-discovery civil motions other than petitions for writs of habeas corpus, the notice of motion, supporting affidavits, and memoranda of law shall be served by the moving party on all other parties that have appeared in the action. E.D.N.Y. Civ. R. 6.1(b)(amended eff 12/1/09).

Opposing Papers

Any opposing affidavits and answering memoranda shall be served within 10 business 14 days after service of the moving papers.E.D.N.Y. Civ. R. 6.1(b)(amended eff 12/1/09).

Reply Papers

Any reply affidavits and memoranda of law shall be served within 5 business 7 days after service of the answering papers. E.D.N.Y. Civ. R. 6.1(b)(amended eff 12/1/09).

Computing the Deadline

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

In computing periods of time, Federal Rule of Civil Procedure 6 applies unless otherwise stated. Saturdays, Sundays and legal holidays are no longer excluded in computing periods of time.E.D.N.Y. Civ. R. 6.4 (amended eff 12/1/09).

Consult Judges' Rules

Each Eastern District Judge has specific procedures governing motion practice in his or her courtroom. A list of Eastern District Judges and links to their motion procedures is online at:http://www.nyed.uscourts.gov/Local_Documents/Motion_Local_Rules/motion_local_rules.html.

Briefing Under the FRCP and for Discovery Motions

For the Federal Rules of Civil Procedure that govern motion practice and local rules that govern discovery motions, please See Eastern District of New York SmartRules Guide: MOTIONS.

Grounds

A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal j more...

Matters Outside the Pleadings -- Conversion to Motion for Summary Judgment

If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not more...

Joining Motions

A motion under Rule 12 may be joined with any other motion allowed by Rule 12. . more...

Limitation on Further Motions

Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not mak more...

Waiving and Preserving Defenses

A party waives any defense listed in Rule 12(b)(2)-(5), these include lack of personal jurisdiction, more...

Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), more...

Lack of Subject-Matter Jurisdiction

If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismis more...

Before Trial Or Deferred Until Trial

If a party so moves, any defense listed in Rule 12(b)(1)-(7) whether made in a pleading or by motion more...

Opposing Memorandum of Law Required

more...

Except as otherwise permitted by the court, all motions and all oppositions thereto shall be support more...

Copies of Decisions to Pro Se Litigants

In cases involving a pro se litigant, counsel shall, when serving a memorandum of law (or other subm more...

Page Limits on Opposition Briefs

Neither the Federal Rules of Civil Procedure nor the Eastern District of New York Local Rules provid more...

Form of Opposition Papers

Every opposition paper must (1) be plainly written, typed, printed, or copied without erasures or in more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Local Rule Re Additional Information Required

All pleadings, motions, oppositions, and other documents must be signed by the attorney or party su more...

Additional Requirements

Eastern District of New York SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides othe more...

Eastern District of New York SmartRules procedural guide: DECLARATIONS. more...

Presentation of Evidence Converts Motion

If, on a motion under Rule 12(b)(6) (failure to state a claim upon which relief can be granted) or 1 more...

Objections to Evidence

Opposition papers may include objections to the evidence relied upon by the moving party.Customarily more...

Electronic Filing Required

The general rule in the United States District Court for the Eastern District of New York is that al more...

Courtesy Copies

Courtesy copies of all electronic filings must be submitted to the judicial officer in hard copy, an more...

Check Motion and Individual Practices for Your Judge

Confirm chambers specific electronic filing requirements by clicking on the judicial officers Motion more...

Additional Information

Additional information on the Eastern District's Electronic Case Filing Program is available on the more...

Traditional Filing and Service Rules

Filing and Service Required

Papers must be filed with the court, together with a certificate of service, within a reasonable tim more...

Method of Service

Service of papers must be made on all parties by mail, personal delivery, or, with the written conse more...

Fax Service Only By Prior Written Agreement

No papers shall be served by fax unless the parties agree in writing in advance to accept service by more...

Service by Overnight Delivery

Opposition papers may be served on an attorney by overnight delivery at the address designated by th more...

No Oral Argument Unless Directed By Court

The parties may only appear to argue a motion if so directed by the Court, by rule, or upon applicat more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions withou more...

Proposed Orders

Presented to Clerk NOT Directly to Judge

Proposed orders, judgments, and decrees must be presented to the clerk, not directly to the judge.. more...

Notice of Settlement Required

Unless the form of order, judgment or decree is consented to in writing, or unless the court otherwi more...

Proposed Order Not Part of Record

Unless adopted by the court or submitted for docketing by a party in connection with an anticipated more...

Append List of Parties to Receive Notice

The party who obtains entry of an order or judgment must append to or endorse upon it a list of the more...

Orders on Motions

Memorandum Decision

A memorandum decision on a motion that does not finally determine all claims for relief, or an oral more...

Order In More Extended Form

Where an order in more extended form is required, the notation in the docket constitutes the entry o more...

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