
New York County - Civil Branch![]()
Uniform Rules of the Justices
NEW YORK COUNTY SUPREME COURT
CIVIL BRANCH
Main Courthouse:
60 Centre Street
New York, New York 10007Satellite Courthouses:
80, 100 and 111 Centre Street
71 Thomas Street
New York, New York 10013RULES OF THE JUSTICES
(UPDATED: JUNE 16, 2005)The following constitute the rules of the Justices of the Supreme Court, Civil Branch, New York County (hereinafter "the Rules" or "the Local Rules") with the exception of the Justices of the Commercial Division. A separate set of uniform rules governs cases assigned to the Commercial Division.STRUCTURE OF THESE RULES: Immediately below is a Basic Information section that lists the Justices of the court in alphabetical order and a summary of the operational details of their Parts (e.g., motion days). Variations exist among the Parts in regard to such details. Except as so indicated, the Local Rules are uniform throughout the Supreme Court, Civil Branch, New York County (Commercial Division apart). An attorney who wishes to know the requirements followed in a particular Part should consult the main body of the Rules together with the portion of the Basic Information section that pertains to that Part.ENFORCEMENT OF THESE RULES: These Rules seek to promote fairness and efficiency for the benefit of the court, the Bar and litigants. In consideration of the needs of the Bar, certain Rules contain a degree of flexibility. Counsel should understand that the court will enforce the Rules as written. The Rules should be read consistently with the Civil Practice Law and Rules and the Uniform Rules (Part 202).
KEEPING THE RULES CURRENT; OTHER INFORMATION: These Local Rules are posted and kept current on the Internet website of the Supreme Court, Civil Branch, 1st Judicial District (New York County) (at http://www.courts.state.ny.us/supctmanh/). Information on the operations of the various administrative offices of the court can be obtained from the court’s Summary of Operations, also available on the website. Information about the issuance of decisions and orders, and scheduling of conferences, motions, and trials can be obtained from "CaseTrac," the court system's case tracking service (www.CaseTrac.com), www.CourtAlert.com, a private service, and the New York Law Journal. Information on scheduled appearances is also available on the Unified Court System’s home page (http://www.courts.state.ny.us, under the "Future Court Appearance System").
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Listing of Parts in Order and Justices Assigned
(excluding Commercial)
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| 1 | SHULMAN |
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| 7 | SOTO |
| 9 | BEELER |
| 10 | GISCHE |
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| 21 | LIPPMANN |
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| 24 | RICHTER |
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| 26 | VISITACION-LEWIS |
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| 35 | EDMEAD |
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| 44 | SMITH |
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50L |
SILBERMANN |
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| 52 | FEINMAN |
| 54 | KORNREICH |
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| 62 | LING-COHAN |
RULES Parts II and IV of these Rules are inapplicable to condemnation and tax certiorari cases. Emergency medical hearings and proceedings under the Mental Hygiene Law have their own special rules. Part V is applicable to matrimonial cases only.
I
GENERAL RULES
Rule 1. Appearances by Counsel; Knowledge and Authority.
(a) Counsel who appear at preliminary conferences must have sufficient familiarity with the case and authority to be able to discuss a discovery schedule in a meaningful way and to enter into agreements with regard thereto. Counsel who appear at other conferences and at the argument of motions must be familiar with the entire case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients; at any such appearance, the court may inquire about the possibility of settling the case or wish to address pre-trial scheduling and discovery issues.(b) Counsel must bring to any compliance conference copies of all prior discovery scheduling orders. Counsel must bring to all settlement conferences copies of pleadings, bills of particulars, medical reports, and all other documents essential to productive settlement discussions. Rule 2. Settlements and Discontinuances; Change of Counsel. If an action is settled, discontinued, or otherwise disposed of, in whole or in part, counsel for the defendant affected shall immediately file a copy of the stipulation or a letter with the Clerk of the Part and the Trial Support Office (Room 158). If at the time of the disposition a motion is pending that is rendered moot by the disposition, it is imperative that the Part be informed immediately so that the court does not waste time working on the motion. If counsel is changed on consent, a copy of the form shall be filed in the Trial Support Office and with the Clerk of the Part. Filing a stipulation of discontinuance or consent form with the County Clerk does not suffice. Absent submission of a consent form, an attorney of record will continue as such unless a motion by order to show cause to withdraw as counsel is granted by the court. If an order granting such relief is issued, counsel must serve a copy on the Trial Support Office and all other counsel. A notice of appearance shall be filed by substitute counsel with the Trial Support Office and the Clerk of the Part.Rule 3. Cases Marked Off Calendar. Any case that is "marked off" the trial calendar or "marked off" active status in the pre-note phase will be deemed to have been dismissed if one year passes without restoration. CPLR 3404. Restoration must be sought within one year from the date the matter is marked off. Restoration must be pursuant to a so ordered stipulation or the granting of a properly supported motion. If prior to the effective date of these rules the Clerk marked a case off as a result of a Clerk’s Call for which a Law Journal announcement was the only notice given, restoration may be by submission of a written request by letter to the Trial Support Office (Room 158) with copies served upon all parties.Rule 4. Information on Cases. Information on future court appearances can be found on the court system’s Future Court Appearance System site (at http://www.courts.state.ny.us). Information on all scheduled court appearances and other case activity, including the issuance of decisions and orders, can be obtained from Datacase (1-800-494-8981), www.CourtAlert.com, courthouse terminals or the New York Law Journal. The Clerk of the Part in question can also provide information about scheduling in the Part (trials, conferences, and arguments on motions in the Part). Counsel should not telephone Chambers. Decisions of the court are posted on the New York County website (at http://www.courts.state.ny.us/supctmanh/).Rule 5. Papers; Litigation Correspondence. All papers must be legible, in at least 10 point type, double-spaced, securely bound, and must comply with Part 130 of the Rules of the Chief Administrative Judge. Illegible papers will not be read or signed. All papers must include the caption and index number, and the name, address, and phone number of counsel filing the paper. Unless indicated otherwise by the court in a particular case or in the Basic Information section above, Justices do not accept papers by fax. Copies of correspondence between or among counsel shall not under any circumstances be sent to the court for informational purposes.
Rule 6. Making a Record. Upon request, the court shall afford a party which feels itself aggrieved by an oral directive of the court not on the record an opportunity to make a record for appellate purposes.
II
CONFERENCES AND DISCOVERY
Rule 7. Preliminary Conferences; Requests. Compliance Conferences; Status Inquiries or Notices.
(a) A preliminary conference will be held or a case scheduling order issued (i) within 45 days of assignment of a case to a Justice, unless impracticable for unusual reasons; or (ii) where a Request for Judicial Intervention is accompanied by a dispositive motion, within 45 days following disposition of such motion (if not mooted by that disposition). Cases will be assigned to a differentiated case management (DCM) track (see Uniform Rule 202.19(b)) at the preliminary conference or earlier. The court will afford all parties an opportunity to raise objections to any case scheduling order issued without a conference. Unless there is a discovery dispute outstanding, parties may submit to the Part Clerk in advance of a scheduled preliminary conference a Preliminary Conference Stipulation and Order form (Uniform Rule 202.12(b)) (which must be accompanied by a stamped, self-addressed envelope for each party wishing a copy) containing dates in compliance with these Rules and the Uniform Rules and, unless the court directs otherwise, the scheduled conference shall be canceled. Requests for preliminary conferences in unassigned cases should be filed with a Request for Judicial Intervention in the Trial Support Office (Room 158). In assigned cases, if the court itself does not direct a conference in a decision or otherwise or issue a scheduling order, counsel should contact the Part Clerk.(b) In order to assure itself that discovery is proceeding properly, the court may (i) schedule compliance conferences at one or more intervals in the pretrial process; or (ii) require responses to status inquiries or transmit reminder notices.(c) Failure to appear at any scheduled conference may result in the imposition of appropriate sanctions. Uniform Rule 202.27.(d) The court utilizes distinct forms of preliminary conference order in General, Medical, Dental and Podiatric Malpractice, City, Matrimonial, and Motor Vehicle cases. See the website (at http://www.courts.state.ny.us/supctmanh/) for these forms.(e) Motor Vehicle cases and most tort cases against the City of New York are part of the court’s automated DCM program. See the "Courthouse Operations" section of the court‘s website (at http:www.courts.state.ny.us/supctmanh/).Rule 8. Adjournments of Conferences. Except as provided for by Rule 26 for matrimonial cases, the parties may adjourn any preliminary conference once for no more than 21 days, but only by submission of a written stipulation to the Part Clerk on or before the scheduled date thereof. Appearance by counsel is not required. Adjournments of compliance and pretrial conferences are allowed only with advance permission of the court for good cause; counsel should contact the Part Clerk in such instances.
Rule 9. Consultation Prior to Preliminary and Compliance Conferences and in Response to Status Inquiries or Notices.
(a) Prior to a preliminary or compliance conference, counsel for all parties shall consult one another about, and shall make a good faith effort to reach agreement on, (i) resolution of the case, in whole or in part, including possible referral to alternative dispute resolution ("ADR") and (ii) discovery and any other issues to be discussed at the conference. Prior to any conference at which discovery may be addressed, counsel should determine the availability of client witnesses who have been noticed or ordered to appear for deposition but have not yet done so.(b) Counsel who receive a status inquiry or notice from the court in any case in which there are outstanding discovery problems shall promptly consult one another in an effort to reach a resolution without court intervention. Problems not so resolved must immediately be brought to the attention of the court as set forth in Rule 11 below.
Rule 10. Discovery Schedule.
(a) All Parts carrying inventories will practice active case management. Case scheduling orders or preliminary conference orders will contain, as appropriate to the case as determined by the court, and taking into account the DCM deadline, (i) a comprehensive disclosure schedule, including dates for the completion of impleader and discovery, motion practice, a compliance conference, and the filing of a note of issue, and, wherever practical, a target trial date; and (ii) provisions for early and cost-effective disposition of cases, such as references to ADR or a schedule of limited-issue discovery.(b) Strict compliance with all discovery orders is required. No extensions of such deadlines shall be allowed except with the advance permission of the court and only for good cause. Non-compliance with a discovery order or wilful refusal to comply with a proper discovery demand may result in the imposition of sanctions or an appropriate penalty, such as waiver of a deposition or preclusion.(c) If certain discovery is scheduled to be provided in advance of other discovery but is not provided on time, any party which believes itself aggrieved and wishes an adjournment of the schedule must immediately ask the court to intervene as provided in Rule 11. Failure to do so in a timely fashion may result in a denial of the extension. If a defendant in a multi-party case fails to appear for deposition as scheduled, absent advance permission of the court, other defendants must nevertheless appear for their depositions as originally scheduled.Rule 11. Disclosure Disputes and Motions. If counsel are unable to resolve a discovery dispute in the manner called for by Uniform Rule 202.7, the aggrieved party shall contact the Part Clerk promptly, within any applicable deadline, and prior to bringing on a formal motion. As appropriate in the circumstances, the court may direct submission of concise letters or a telephonic or in-court conference.
Rule 12. Expert Disclosure. Unless otherwise directed by the court, a party having the burden of proof shall serve a response to an expert demand pursuant to CPLR 3101(d) no later than 60 days prior to the date set by the court for trial. Within 30 days after receipt of this response any adverse party shall serve its response. Amended or supplemental expert disclosure shall be allowed only with the permission of the court. The term "expert" shall not include a treating health care provider whose records and reports have been timely provided.
III
MOTIONS
Rule 13. Motions on Notice; Orders to Show Cause.
(a) Except as provided in subdivision (b) of this Rule, motions should be brought on by notice of motion and should be made returnable in the Motion Support Office Courtroom (Room 130). The procedures of the Office are explained in the court’s Summary of Operations published on the court’s website (at http://www.courts.state.ny.us/supctmanh/). Depending upon the Part to which they are assigned, contested motions submitted in the Motion Support Office Courtroom will be submitted without argument, or rescheduled for oral argument if so directed by the assigned Justice. The Basic Information section of these Rules contains information on the argument mechanism in the Parts. See also Rule 15. In addition, counsel may determine how a motion submitted in Room 130 was marked by consulting the New York Law Journal on the two days immediately following the submission date.(b) Motions should be brought on by order to show cause only when there is genuine urgency, a stay is required or a statute mandates so proceeding. CPLR 2214(d)("The court in a proper case may grant an order to show cause ....")(emphasis added). Motions seeking provisional remedies usually should be brought on by order to show cause. Absent permission, reply papers should not be submitted on orders to show cause. Unless otherwise directed in the Basic Information section above or in an order to show cause, original opposition papers on orders to show cause made returnable in the Part shall be delivered to the Part Clerk at least one business day prior to that date. Rule 14. Motion Papers. (a) So as to facilitate the framing of a decision and order, the movant shall specify, clearly and comprehensively, in the notice of motion or order to show cause, the exact relief counsel seeks. Counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion. The fact that pleadings or other documents were filed with the County Clerk does not satisfy this Rule. Documents in a foreign language shall be properly translated (CPLR 2101(b)). Whenever reliance is placed upon a decision or other authority not officially published or readily available to this court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers. Motion papers shall be on 8 ½ x 11 inch paper, bearing margins no smaller than one inch, and shall comply with Rule 5 above. CPLR 2101; Uniform Rule 202.5(a). The print size of footnotes shall be no smaller than nine-point. Rules of the Appellate Division, First Department, Section 600.10(a). Unless advance permission otherwise is granted by the court for good cause, memoranda of law shall not exceed 30 pages each (exclusive of table of contents and table of cases) and affidavits/affirmations shall not exceed 25 pages each. Pages shall be numbered. Legal arguments shall be made in memoranda of law, not affidavits/affirmations. Courtesy copies shall not be submitted unless requested by the court. (b) Counsel must always use exhibit tabs. Exhibits must be legible and, if necessary, a retyped version of any copies that are difficult to read should also be included. If an exhibit is printed on both sides of a page (e.g., deposition transcript), the papers shall be bound on the side, not the top. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts; if the entire exhibit is not necessary to a proper consideration of the motion, counsel need not file it but shall have a copy available for prompt production should the court require it.(c) Counsel are reminded that the CPLR does not provide for sur-reply papers, however denominated. Similarly impermissible is the presentation of papers or letters to the court after submission of a motion in the Motion Support Office Courtroom (Room 130), or after argument in the Part, if any, unless the court gives express permission in advance. Materials presented in violation of this Rule will not be read. Opposing counsel who receives a copy of materials submitted in violation of this Rule should not respond in kind.
Rule 15. Oral Argument; Adjournments.
(a) As to motions submitted in the Motion Support Office Courtroom (Room 130) before Justices who require the automatic rescheduling of motions for argument, the argument date will be published in the New York Law Journal on the two days following such submission. As to motions submitted in the Courtroom before Justices who schedule argument on a case-by-case basis, individual notice will be transmitted by the Part or the Motion Support Office (Room 119). Unless otherwise directed, arguments will take place on the motion day indicated in the Basic Information section. Motions seeking provisional remedies will generally be argued. Counsel should not request argument by separate correspondence. When argument is scheduled, counsel must appear to argue or the motion may be denied on default or otherwise disposed of notwithstanding any papers previously submitted. Testimonial hearings will not take place on the motion days listed above. Calendars of motions to be argued in the Parts are published on the morning of the return date and on the day before in the New York Law Journal under each Part.(b) Unless provided otherwise in the Basic Information section: argument may be adjourned for good cause; there shall be only one adjournment, for no more than 14 days, unless otherwise directed by the court for good cause; a request shall be made, after consultation with the adversary, by letter delivered to the Part at least two days in advance of argument. Rule 16. Temporary Restraining Orders. Absent extraordinary circumstances, or if the identity of opposing counsel cannot be determined, the court may decline to issue a temporary restraining order unless the applicant has given notice to the opposing parties sufficient to permit them an opportunity, if so inclined, to appear and contest the application. A temporary restraining order directed to a public officer, board or municipal corporation of the state will not be granted ex parte. CPLR 6313 (a).Rule 17. Stay of Disclosure; Motions for Summary Judgment. A request for an order lifting the stay of disclosure pursuant to CPLR 3214(b) shall be made at argument or at a teleconference or conference. Unless specified otherwise in a particular case, pursuant to CPLR 3212(a) all motions for summary judgment must be made no later than 60 days after the filing of the note of issue.
IV
TRIALS
This section sets forth trial procedures followed in pure IAS Parts and back-up Trial Parts (except when the timing of referral to a back-up Part makes compliance impossible). However, since the nature of particular cases may make departure from some aspects of Rules 20 and 21 efficient and appropriate, counsel should in every instance confirm with the court at the pre-trial conference the Justice’s directive regarding applicability of these procedures to the case.Rule 18. Pretrial Conference. The court will conduct a pretrial conference in every standard and complex case. Settlement will be explored and a trial date will be confirmed or a firm date set. Prior to the pretrial conference, counsel shall confer in a good faith effort to identify issues not in contention, resolve all disputed questions without need for court intervention, and settle the case. Unless otherwise directed by the court, each party must be represented at the pretrial conference by counsel having full knowledge of the case and specific authority to settle or the ability immediately to contact by telephone a person with such authority. To permit the fixing of a trial date, counsel must, prior to the conference, consult their own schedules and those of their witnesses and be prepared to furnish a realistic estimate of the trial’s length and discuss a trial date unless previously fixed. Counsel must also be prepared to discuss settlement in detail as provided in Rule 1, as well as all matters as to which there is agreement between the parties. At or before the conference, the court may, in standard and complex cases, require the parties to prepare a written stipulation of undisputed facts or a pre-trial order.
Rule 19. Trial Schedule in Pure IAS Parts.
(a) Insofar as possible, trials in pure IAS Parts will be scheduled at least one month in advance. As the schedules of counsel and witnesses will have been taken into account in determining the final date, counsel will be expected to be ready to proceed at that time either to select a jury or to begin presentation of proof. Hence, once a firm trial date is set and counsel are so informed, counsel must immediately reconfirm the availability of witnesses and their own schedules. If for any reason, including trial commitments in other Parts or courts, counsel are not prepared to proceed on the scheduled date, counsel must inform the court of the difficulty within seven days of the date on which counsel were given the firm trial date. Absent extraordinary circumstances, failure of counsel to provide such notification will be deemed a waiver of any objection to the trial date because of the unavailability of a witness or a conflict in the schedule of trial counsel.(b) The court will endeavor, through contact with Justices in other Parts and courts, to resolve trial scheduling difficulties for counsel who notify the court in accordance with subdivision (a) of this Rule and in instances of extraordinary and unanticipated conflicts. The court will resolve such problems in a reasonable fashion and in accordance with Part 125 of the Rules of the Chief Administrator (Uniform Rules for the Engagement of Counsel), taking into account the need not to waste judicial trial time or the time of jurors, the demands upon trial counsel, and the importance of the clients’ right to the attorney of their choice.(c) The jury shall be selected in accordance with Uniform Rule 202.33. Witnesses at trial are to be scheduled so that all trial time is completely utilized. Unless directed otherwise by the Justice, trials will proceed on a day-to-day basis from 9:30 A.M. to 5:00 P.M. The trial schedule will normally be interrupted only to the extent required to accommodate the argument of motions and conduct of conferences. See the Basic Information section.Rule 20. Pretrial Identification of Exhibits and Deposition Testimony in Pure IAS Parts. Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits and portions of deposition testimony (with the deletion of irrelevant matter) that will be offered into evidence as direct testimony without objection. Each side shall then mark its exhibits to which no objection has been made, with plaintiff using numbers and defendant letters. Each side shall thereafter mark the contested exhibits, continuing the sequence previously used but also marking each exhibit with the letter "Q". At least five days prior to trial, each party shall submit to the court and other counsel (i) a list of the uncontested and the contested exhibits and a copy of the latter; and (ii) a list of testimony to be offered by it as to which objection has not been made; identified separately and clearly, a list of testimony as to which objection has been made; and a copy of the portions of testimony as to which objection has been made. If the submissions are voluminous, counsel shall consult the Part Clerk for guidance. The court will rule on objections at the earliest possible time after consultation with counsel.Rule 21. Marked Pleadings and Other Pre-Trial Submissions in Pure IAS Parts. Seven days prior to trial, counsel shall submit to the court marked pleadings and the bill of particulars; a list of witnesses (direct case); in a jury case, requests to charge, a proposed verdict sheet, and a memorandum of law or copies of authorities addressed to any unusual jury charge requests; in a non-jury case, proposed findings of fact and conclusions of law; and, in all jury cases in which doing so will facilitate efficient presentation of proof and in all non-jury cases, pretrial memoranda. If counsel wishes the court to charge verbatim from the Pattern Jury Instructions, it is sufficient if the request cites the PJI charge by number only. All other requested charges should be written out in full. Unless otherwise directed by the court in advance, pretrial memoranda shall be no longer than 20 pages, with print size and margins in compliance with Rule 14 and there shall be no reply memoranda.Rule 22. Subpoenaed Records. Subpoenaed records should be directed to and may be reviewed at the Subpoenaed Records Office, 60 Centre Street, Room 145M. Counsel must verify receipt of records by Room 145M at least 48 hours prior to the trial date. Review of certain records may require approval of the assigned Justice.Rule 23. Attendance at Voir Dire. Attorneys directed by the court to a Jury Assembly or Empaneling Room to commence or continue voir dire must arrive there promptly and remain throughout voir dire. If an attorney arrives late or is otherwise absent from the voir dire without permission of the court, the voir dire will commence or continue in the attorney’s absence.
VMATRIMONIAL RULES
The following Rules shall apply to all matrimonial cases and shall take precedence over any inconsistent Rule set forth above. Otherwise, the foregoing rules are applicable in matrimonial cases.
Rule 24. Appearances at Conferences. Counsel and client must appear at the preliminary conference, all compliance conferences and the pre-trial conference. Failure to appear may result in costs or sanctions being imposed against the defaulting party.Rule 25. Submissions at Preliminary Conference. Each party is required to submit at the preliminary conference a properly certified net worth statement and a copy of the retainer agreement in accordance with Section 202.16 of the Uniform Rules for the Trial Courts.Rule 26. Adjournments. No stipulations of adjournment will be honored without prior approval of the court.Rule 27. P.E.A.C.E. Program. Except for cases in which there has been a history of orders of protection, parties with unemancipated children should be aware that the Justice may assign the parties to the P.E.A.C.E. Program.Rule 28. Pre-Trial Conference. Unless directed otherwise, all cases scheduled for trial must appear for a pre-trial conference on the Thursday preceding the week the trial is to commence. All motions in limine must be presented at this time and counsel should be prepared to discuss all evidentiary issues.Rule 29. Mandatory Pre-Trial Submissions. At the pre-trial conference, counsel shall provide his or her adversary and the court (a) marked pleadings (if grounds are in issue), (b) proposed statement of disposition, (c) child support worksheet (if applicable), (d) updated net worth statement, (e) list of all proposed exhibits, (f) witness list, (g) any expert report not previously provided, (h) pre-trial memoranda and (i) proof of filing of the note of issue.
THE JUSTICES OF THE SUPREME COURT,
CIVIL BRANCH, NEW YORK COUNTY
Effective Date: July 3, 2001
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