The 22 NYCRR 202.7 Good Faith Affirmation: What It Must Say, With Sample Language

Short answer: Under 22 NYCRR 202.7(c), the good faith affirmation on a New York discovery motion must state the “time, place and nature of the consultation and the issues discussed and any resolutions,” or good cause for not conferring. Noncompliance warrants denial.

Many affirmations say counsel “conferred in good faith” and stop. The Second Department keeps affirming denials of motions built on that. Section 202.7 sets the content; section 202.20-f adds conference details; one affirmation must satisfy both.

When does 22 NYCRR 202.7 require a good faith affirmation?

22 NYCRR 202.7(a) provides that no motion shall be filed with the court unless the required papers are served and filed with it, including, “with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.”

The trigger is subject matter, not form. An order to show cause does not escape the rule. Section 202.7(d): “An order to show cause or an application for ex parte relief need not contain the notice of motion set forth in this section, but shall contain the affirmation of good faith set forth in this section if such affirmation otherwise is required by this section.”

What must the 202.7(c) affirmation say?

Section 202.7(c) is one sentence: “The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held.”

Five elements: time, place, nature, issues discussed, resolutions. The only alternative is good cause for not conferring.

What 22 NYCRR 202.20-f adds: the in-person or telephonic conference

Section 202.20-f(b), effective February 1, 2021 according to the history note on the Cornell page, requires that counsel “consult with one another in a good faith effort to resolve all disputes about disclosure,” and “Such consultation must take place by an in-person or telephonic conference.” Each discovery motion “shall be supported by an affidavit or affirmation from counsel attesting to counsel having conducted an in-person or telephonic conference, setting forth the date and time of such conference, persons participating, and the length of time of the conference.”

A compliant affirmation therefore covers date and time, place or medium, participants, length, issues discussed, and resolutions. Letters alone do not meet 202.20-f.

If the other side will not get on the phone, 202.20-f(b) provides the path: the moving party “shall, in an affidavit or affirmation, detail the efforts made by the moving party to obtain such a conference and set forth the responses received.”

What happens when the affirmation is deficient: Winter and Behar

In Winter v ESRT Empire State Bldg., LLC, 201 AD3d 842, 2022 NY Slip Op 00332 (2d Dept Jan. 19, 2022), the Second Department affirmed denial of a motion to compel because the affirmation “did not substantively comply with the requirements of 22 NYCRR 202.7, as it did not evince a diligent effort by Otis to resolve the discovery dispute.” The court stated the rule: “Failure to provide an affirmation of good faith which substantively complies with 22 NYCRR 202.7 (c) warrants denial of the motion.”

In Behar v Wiblishauser, 219 AD3d 793, 2023 NY Slip Op 04357 (2d Dept Aug. 23, 2023), the court affirmed denial of a renewed motion to compel. The affirmation listed only dates of attempted contact, and “The plaintiffs did not specify the manner in which the communications were made, by whom or to whom.” A list of dates is not a 202.7(c) affirmation.

Good faith affirmation rules: operative language

Provision	Operative language (quoted)	Source
22 NYCRR 202.7(a)(2)	“an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.”	law.cornell.edu, 22 NYCRR 202.7
22 NYCRR 202.7(c)	“shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions”	law.cornell.edu, 22 NYCRR 202.7
22 NYCRR 202.7(d)	“shall contain the affirmation of good faith set forth in this section if such affirmation otherwise is required by this section.”	law.cornell.edu, 22 NYCRR 202.7
22 NYCRR 202.20-f(b)	“setting forth the date and time of such conference, persons participating, and the length of time of the conference.”	law.cornell.edu, 22 NYCRR 202.20-f
Commercial Division Rule 14	“Such a letter must include a representation that the party has conferred with opposing counsel in a good faith effort to resolve the issues raised in the letter”	law.cornell.edu, 22 NYCRR 202.70(g) Rule 14

Sample 202.7 good faith affirmation language

Each numbered paragraph maps to an element of 202.7(c) or 202.20-f(b).

AFFIRMATION OF GOOD FAITH
(22 NYCRR 202.7(a), (c); 22 NYCRR 202.20-f(b))

[Name] affirms as follows:

1. I am [a member of / associated with] [Firm], attorneys for
   [Party], in support of the motion to [compel].

2. On [date], I served a deficiency letter identifying the
   following disputed items: [Interrogatory Nos. __; Document
   Request Nos. __]. A copy is annexed as Exhibit [_].

3. On [day, date], from [start time] to [end time] ([__]
   minutes), I conferred with [Name], counsel for [Party], by
   [telephone / in person at (address)]. [Also participating:
   (names and roles).]

4. During that conference we discussed each of the following
   issues: [list each request number and the objection].

5. We resolved the following: [items resolved and agreed terms,
   or "none"].

6. The following issues remain unresolved and are the subject of
   this motion: [items].

7. [If no conference was held:] On [dates], I requested a
   telephonic or in-person conference by [email / letter /
   call] (Exhibits [_]). Counsel responded [quote or describe
   each response / did not respond]. [State good cause.]

I affirm this ___ day of ______, ____, under the penalties of
perjury under the laws of New York, which may include a fine or
imprisonment, that the foregoing is true, except as to matters
alleged on information and belief and as to those matters I
believe it to be true, and I understand that this document may
be filed in an action or proceeding in a court of law.

________________________
[Name]

The closing paragraph is the form statement in CPLR 2106, quoted as it appears on nysenate.gov.

Worked example: turning a call log into a compliant affirmation

You represent the plaintiff. Defendant’s responses to your first document demands object to Request Nos. 4, 7, and 11.

• Monday, March 2, 2026. You email a deficiency letter on all three requests and ask for a call.
• Wednesday, March 4, 2026. Defense counsel proposes Thursday, March 12.
• Thursday, March 12, 2026, 2:00 to 2:35 p.m. Telephone conference, 35 minutes, you and defense counsel, with your associate on the line. Request No. 7 is resolved: defendant agrees to produce by March 20. Requests 4 and 11 remain open.

The Behar version reads: “Counsel attempted to resolve this dispute on March 2 and March 12.” The compliant version states the March 12 call with start and end times, medium, all three participants, the three requests discussed, the No. 7 agreement and its March 20 date, and that Nos. 4 and 11 are the subject of the motion.

Commercial Division Rule 14: the letter comes before the motion

In the Commercial Division, Rule 14 governs when the Justice’s Part Rules are silent: the movant “shall submit a letter to the court not exceeding three single-spaced pages” carrying the good faith representation quoted above, and noncompliance “may result in a motion being held in abeyance.” For motion word limits, see our 202.8-b and Rule 17 article.

How California and federal courts handle the same requirement

Federal (FRCP 37). Rule 37(a)(1): the motion “must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.” In bankruptcy adversary proceedings, FRBP 7037 states: “Fed. R. Civ. P. 37 applies in an adversary proceeding.”

SDNY and EDNY. Under Joint Local Civil Rule 37.2 (rules effective January 2, 2026), unless the judge’s individual practices say otherwise, no motion under FRCP 26 through 37 or 45 “will be heard unless counsel for the moving party has first requested an informal conference with the court by letter-motion for a premotion discovery conference” and the request was denied or the conference did not resolve it. Local Civil Rule 37.1 requires quoting each disputed request and response verbatim. See our Local Rule 7.1 article.

California state court. CCP 2016.040(a) requires facts showing “a reasonable and good faith attempt, either in person, by telephone, or by videoconference, to informally resolve each issue presented by the motion.” Subdivision (b) adds a statement about retaining a certified shorthand reporter. Our CCP 2016.040 article has sample text. Note the medium difference: California expressly accepts videoconference; 202.20-f(b) names only in-person or telephonic conferences.

Pre-filing checklist for a New York discovery motion

• Confirm the motion relates to disclosure or a bill of particulars; if so, 202.7(a) applies, including on an order to show cause (202.7(d)).
• Hold an in-person or telephone conference; letters and emails alone do not satisfy 202.20-f(b).
• Record date, start and end time, medium or place, and every participant.
• List each request number discussed, what was resolved, and what remains.
• No conference? Attach your requests and each response.
• In the Commercial Division, check the Justice’s Part Rules, then send the three-page Rule 14 letter first.
• Compute the return date under CPLR 2214(b); see our CPLR 2214 article.

New York discovery motions, drafted with the affirmation that survives

LegalBriefsUSA drafts New York motions to compel and Commercial Division Rule 14 letters, with the 202.7 and 202.20-f affirmation built from your conference notes. Send your deficiency letter and call log through our contact page for a filing-ready package for your signature. See also our motion drafting service overview.

Authorities cited

Read October 14, 2026: 22 NYCRR 202.7(a), (c), (d) (three consistent reads), 202.20-f, and Commercial Division Rule 14, at law.cornell.edu. Winter and Behar, full opinions on the nycourts.gov Reporter. FRCP 37(a)(1) and FRBP 7037 at law.cornell.edu. Local Civil Rules 37.1 and 37.2 in the January 2, 2026 joint rules PDF at nysd.uscourts.gov. CPLR 2106 at nysenate.gov. CCP 2016.040 at california.public.law and codes.findlaw.com, matching. Left out for lack of verification: C.D. Cal. L.R. 37-1 (the court’s PDF did not render past L.R. 8), case law from Departments other than the Second, and any amendment history for 202.7.

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