By Amber E. Storr, Esq. and V. Christopher Potenza, Esq.
On February 1, 2021, substantial changes in the form of 29 revisions to the Uniform Civil Rules (22 NYCRR 202.1 et seq.) went into effect. These additions and revisions borrowed heavily from both the Rules of the Commercial Division of the Supreme Court as well and the Federal Rules of Civil Procedure. These new rules were designed to promote judicial efficiency (e.g., moving cases to resolution, cooperation of counsel to avoid unnecessary court intervention, and cleaner paper submissions). After some prior modifications, the Chief Administrative Judge has now issued an Administrative Order amending Rule 202.8-b and repealing Rule 202.8-g.
Effective July 7, 2025, the Uniform Rules governing word limits was amended and the discretionary rule allowing judges to require a separate statement of undisputed facts has been repealed.
1. Word Limits on Evidentiary Materials Are Eliminated
Amended Rule 202.8-b clarifies that word and page limits no longer apply to evidentiary materials, including affidavits, affirmations, and reports from lay or expert witnesses.
Note, however, existing word limits in Rule 202.8 still apply to attorney affidavits and affirmations, and memoranda of law. While this rule change provides attorneys with more flexibility when preparing and submitting evidentiary materials in support of motions, it still limits the word count on non-evidentiary documents.
2. Rule 202.8-g Regarding Statements of Material Facts is Repealed
Rule 202.8-g has been repealed in its entirety. Originally, this rule required a statement of undisputed material facts to accompany most summary judgment motions. After feedback from the bar concerned over the increased cost to clients, the rule was relaxed in 2022 to make the requirement discretionary for the judge to determine on a case-by-case basis. With this repeal, the formal submission of such statements is no longer governed by rule.
Litigation Attorneys should review and adjust their motion preparation practices accordingly, particularly in matters involving voluminous evidentiary submissions such as summary judgment motions. While evidentiary materials are no longer subject to word limits, careful drafting, editing, and clarity remain essential to persuasive advocacy.
