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Legal Memorandum: Brief in Excess of 20 pages

Issue: May a brief in excess of 20 pages be filed?

Area of Law: Litigation & Procedure
Keywords: Filing a brief; 20 pages
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: LRCi 7.1(e) and 56.1(e)
Date: 05/01/2007

The Local Rules of Civil Procedure provide that briefs supporting motions shall not exceed 20 pages without leave of court.  See LRCi 7.1(e) and 56.1(e).  In addition, “[a] district court has broad discretion to determine whether to overlook a party’s failure to comply with local court rules.”  Samborski v. W. Valley Nuclear Servs., 99-CV-0213E(F), 2002 U.S. Dist. LEXIS 12745 (W.D.N.Y. June 25, 2002) (citing Holtz v. Rockefeller & Co., 258 F.3d 62, 73-74 (2d Cir. 2001)).

This is an area of the law that is unsettled, at best.  See, e.g., Student Public Interest Research Group v. Tenneco Polymers, Inc., 602 F. Supp. 1394 (D.N.J. 1985) (granting the defendant’s motion exceed the page limitation in its reply brief).

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