2021 is a harbinger of many new things. Here’s one applicable to the New York Supreme Court: verbose is out, concise is in.

The Uniform Court Rules, which apply to all civil actions in New York Supreme Court, have a new section that requires you (attorneys filing papers in New York actions) to limit the words you use to make your point.

Section 202.8-b has this to say about the length of papers:

“Unless otherwise permitted by the court: (i) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (ii) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words ...”

I have been writing appeal briefs, and substantive motions in the Supreme Court (as Of Counsel to other attorneys), for many, many years. And I can tell you, this is going to be a HUGE struggle for most New York lawyers.

It’s not easy to comply with a word count. It takes careful planning, rigorous organizing, and ruthless editing to draft a legal argument in 7,000 words or less. I have written before about the need to be concise. Now, the Supreme Court is going to make you do it.

If you are used to throwing all of your ideas down in the order you think of them, and leaving it to the judge or your adversary to sort out your arguments, then you are in for a challenge. Don’t fret though, I can help you do it. Get in touch if you are worried about how you are going to squeeze your excellent arguments into a few words.

Section 202.8-b also requires you to include a certification – at the end of your affirmation or memo of law – that you are in compliance with the word limit. This rule is brand new, so I have not seen a model for this certification yet. But I created one using the certification I file with my appeal briefs, which you can see below (and feel free to copy).

*Disclaimer: I am not promising that this certification is acceptable to the judge in your case. Always check the Part Rules where your case is pending before you file any papers.