Lawyers are never at a loss for words, that’s for certain! But when it comes to filing some court documents, there’s a limit to how many words they can use. The New York Supreme Court has a word limit for most legal papers filed within its system. Although this rule was enacted four years ago, many lawyers do not know about these limits.
The maximum allowable words are set at 7,000 words in each affidavit, affirmation, brief, and memorandum of law. The limit is reduced to 4,200 words in reply affidavits, affirmations, and memoranda of law. The rule further distinguishes the limit for computer-generated documents and those that are typewritten or handwritten to 20 pages and reply documents to 10 pages.
If your lawyer needs to say more, the New York Supreme Court, upon application, may consider and grant permission for an “oversized submission.”
Why the Rule Exists
Everyone needs limits, especially the New York court system. To help overburdened judges clear their dockets there needed to be limits on the length of papers. Parties should be able to offer concise and convincing arguments in 7,000 words rather than expounding on the same ideas in double or triple the number of words.
If a case is defended, and even when it’s not, a court order may be needed to move the case forward. One of the easiest ways to obtain a court order is by motion practice.
One party makes a motion to the court for an order. The order can be to direct the clerk to enter a judgment, for an order striking defenses, for summary judgment, and more.
In addition to a notice, the motion may include an:
- Affidavit or affirmation from the client
- Affirmation from the attorney
- Memorandum of law
Before the implementation of the rule, there were no limits on the length of these papers. Now, there are limits on the number of words for each of the supporting documents mentioned. The court requires that the documents include a certification, signed by the attorney filing the motion, that contains a word count.
The Impact of Word Limits
It’s this author’s opinion that the rule helps minimize the amount of time the judge and their legal secretary need to spend reading before deciding to grant the relief requested. In some instances, they consider the papers alone. The court does not require oral arguments to support the motion or application, further limiting the time spent to decide.
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