Judge Erin Noelle Guven
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Not required
Proposed Order
Motion
Court-wideOpposition, Reply
Court-wide
Adjournments
- An adjournment request must be submitted in writing through NYSCEF at least 48 hours before the scheduled appearance.
- An extension application must be made as soon as practicable and before the discovery deadline expires.
- A motion may not be adjourned by consent more than three times or for more than 60 cumulative days.
- A party unable to obtain a consensual adjournment must make a written request explaining its efforts, serve it on every party, and seek court relief.
- +3 more
Request must include
Communication
Clerk
Phone
Chambers
Chambers
Chambers
Document Format Requirements1 rule
b. Proposed verdict sheets and requested jury instructions (must be e-mailed to BxSupCiv-IA17@nycourts.gov in Word format);
- File type
- Word
- Proposed verdict sheet
- Requested jury instructions
Document Filing Requirements19 rules
All correspondence must contain the index number and caption of the action and must be on notice to all parties. All parties must provide contact information, including an e-mail address and telephone number, on all communications with the Court.
Must include
- •Caption
The adjournment request letter must state the conference date, conference type, reason, whether all parties consent, and suggested new dates.
Court's wording
The adjournment request letter shall set forth: (i) the conference date; (ii) the nature of the conference; (iii) the reason for the requested adjournment; (iv) whether the request is made on consent of all parties; and (v) suggested adjourned dates.
Plaintiff shall serve and file a Note of Issue and Certificate of Readiness in accordance with the date set forth in the Compliance Conference Order.
The stipulation must certify that all discovery is complete and provide for the filing of the Note of Issue within thirty days.
Attorneys must appear with access to NYSCEF. Clients and/or adjusters must be available by telephone during the conference.
Each party must complete and bring a Pre-Trial/Settlement Conference Information sheet to the conference.
Court's wording
Parties shall fill out and bring to the conference a Pre-Trial/Settlement Conference Information sheet, which can be accessed using the following link or found on the Bronx County Supreme Court’s part rules webpage.
An attorney appearing at a settlement conference must know the case facts and circumstances and have authority to bind the client.
Court's wording
Attorneys who appear for a settlement conference must be fully familiar with the facts and circumstances of the case and authorized to enter into binding agreements on behalf of their clients (see 22 NYCRR §202.1[f]).
If a request for a settlement conference is made by letter rather than by a stipulation signed by all parties, the request shall expressly indicate whether all parties have been consulted, and whether they agree that the conference may serve to advance the case toward settlement or other resolution. Requests that omit this information will be denied.
Failure to comply, including by sending a per diem attorney lacking knowledge or authority, may be regarded as a default pursuant to the rule.
The proof of service must contain an e-mail address for any opposing counsel.
- Document
- Proof of service
Must include
- •Certificate of service
A discovery motion must include counsel's affidavit or affirmation documenting an in-person or telephonic conference, its date and time, participants, and duration.
Court's wording
each such 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
Requests for the Court to so order a subpoena shall be supported by an affirmation explaining the need for an order and shall be filed via NYSCEF and e-mailed to the Part Clerk at BXSUPCIV-IA17@nycourts.gov.
On the date of, but in no instance later than 1 day following the first day of jury selection, the parties must submit the following both via NYSCEF and via e-mail to the Part Clerk at BxSupCiv-IA17@nycourts.gov:
A proposed PJI modification requires the complete instruction in Word format, a clearly visible redline, supporting caselaw citations, and a showing of good cause.
Court's wording
If a party proposes that a PJI instruction be modified, the complete PJI instruction must be submitted in Word format with the proposed amendment clearly visible in redline. Appropriate caselaw citations must also be provided in support of any proposed amendment to a PJI instruction. PJI instructions are not modified unless good cause is shown.
Plaintiff shall file a Note of Issue and upload a letter to NYSCEF requesting a date for inquest.
Please note that the parties must use this Part’s standard Preliminary Conference and Case Scheduling Order, which can be found in fillable form on the Bronx County Supreme Court’s part rules webpage.
In the request, please include the case name, index number, and the names and contact phone numbers for the attorneys. Additionally, where applicable, disclose the insurance policy limits for the defendant(s).
Where appropriate, proposed orders should be submitted with motions pursuant to 22 NYCRR §202.8-a, and a courtesy copy e-mailed to BxSupCiv-IA17@nycourts.gov.
- Document
- Motion
Should include
- •Proposed order
Prior to the charging conference, the parties shall exchange updated proposed jury charges and verdict sheets. The parties shall endeavor to create a mutually agreed upon verdict sheet and list of proposed charges.
Filing & Service rules
Electronic Filing Rules
Correspondence to the Court must be in letter form and filed through NYSCEF.
Correspondence to the Court must be in letter form and filed via NYSCEF.
Page 1 | I. COMMUNICATIONS/INQUIRIES
When a matter settles, the parties must file a notice, stipulation, or motion to discontinue through NYSCEF before the next scheduled court date, or all parties must appear.
When a matter is settled, the parties must file a Notice to Discontinue, a Stipulation to Discontinue, or a Motion to Discontinue via NYSCEF. If none of these are filed before the next scheduled Court date, all parties must appear.
Page 1 | I. COMMUNICATIONS/INQUIRIES
All parties must promptly notify the court through NYSCEF and the Part Clerk by email when the action or a motion is settled, withdrawn, discontinued, or otherwise disposed, or when a party dies or files for bankruptcy.
All parties, including self-represented parties, are under a continuing obligation to promptly inform the Court, via NYSCEF and e-mailed to the Part Clerk at BXSUPCIV-IA17@nycourts.gov, should the action settle, be discontinued, or otherwise disposed, or if a motion is settled or withdrawn, or if a party dies or files a petition for bankruptcy.
Page 1 | I. COMMUNICATIONS/INQUIRIES
Attorneys who are engaged must file an Affirmation of Actual Engagement through NYSCEF and email the Part Clerk.
If counsel is engaged, attorneys must file an Affirmation of Actual Engagement in compliance with 22 NYCRR §125.1 via NYSCEF and e- mail the Part Clerk at BxSupCiv-IA17@nycourts.gov.
Page 2 | II. APPEARANCES
To waive preliminary-conference appearances, parties must file the jointly completed scheduling order through NYSCEF and email a copy to the Part Clerk.
To waive appearances at the preliminary conference, parties must file the jointly completed Preliminary Conference and Case Scheduling Order via NYSCEF, and e-mail a copy to the Part Clerk at BXSUPCIV-IA17@nycourts.gov.
Page 3 | III. DISCOVERY/CONFERENCES
When all parties agree that discovery is complete, they must electronically file and email a stipulation to the Part Clerk.
If all parties agree that discovery is complete, the parties shall e-file and e-mail a stipulation to BxSupCiv-IA17@nycourts.gov.
Page 4 | IV. NOTE OF ISSUE
An application for an additional motion adjournment must be filed through NYSCEF and emailed to BXSUPCIV-IA17@nycourts.gov.
For any further adjournments, the parties must seek leave from the Court. Such application for an additional adjournment must be filed via NYSCEF and e-mailed to BXSUPCIV-IA17@nycourts.gov.
Page 6 | VI. MOTIONS — 1. Adjournments
A stipulation to adjourn a motion’s return date must be filed through NYSCEF and emailed to the Part Clerk.
Stipulations to adjourn the return date of a motion must be filed via NYSCEF and e-mailed to the Part Clerk at BXSUPCIV-IA17@nycourts.gov.
Page 6 | VI. MOTIONS — 1. Adjournments
The movant must immediately electronically file proof of service of the notice to NYSCEF.
The movant must then immediately e-file proof of service of such notice to NYSCEF.
Page 7 | Temporary Injunctive Relief
A request for an order compelling a subpoena must be filed through NYSCEF and emailed to the Part Clerk at the listed address.
Requests for the Court to so order a subpoena shall be supported by an affirmation explaining the need for an order and shall be filed via NYSCEF and e-mailed to the Part Clerk at BXSUPCIV-IA17@nycourts.gov.
Page 11 | VIII. SUBPOENAS
Parties that wish to e-track their cases must file the appropriate appearances through NYSCEF.
Parties are reminded that to e-track their cases, they must file their appropriate appearances via NYSCEF.
Page 3 | II. APPEARANCES
Attorneys must register for E-Track in Part 17 matters.
Attorneys must register for E-Track for Part 17 matters.
Page 3 | II. APPEARANCES
When an action is already pending, the ICO should be sought through an ex parte NYSCEF application labeled “Infant Compromise Order (Proposed).”
Where an action has already been initiated by the filing of a Summons and Complaint, an ICO should be sought through an ex-parte application filed to NYSCEF using the label “Infant Compromise Order (Proposed).”
Page 9 | VII. Infant Compromise
After issue is joined, a party may request a settlement conference by filing a stipulation or letter through NYSCEF and emailing it to the designated court address.
Parties may request a settlement conference with the Court at any time after issue is joined by filing a stipulation or letter via NYSCEF and e- mailing it to BxSupCiv-IA17@nycourts.gov.
Page 5 | V. PRE-TRIAL AND SETTLEMENT CONFERENCES — 2. Settlement Conferences
A party interested in court-sponsored ADR may notify the court by filing a letter through NYSCEF and emailing it to the designated address.
Parties interested in pursuing Court sponsored ADR may advise the Court of said interest by e-filing a letter via NYSCEF and via e-mail to BXSUPCIV-IA17@nycourts.gov.
Page 6 | V. PRE-TRIAL AND SETTLEMENT CONFERENCES — 3. Alternative Dispute Resolution (ADR)
Filing Timing and Cure Windows
A proposed Compliance Conference Order must be filed at least three business days before the conference to waive appearances.
Appearances at the compliance conference may be waived by the filing of a proposed Compliance Conference Order, at least three business days before the scheduled conference.
Page 4 | III. DISCOVERY/CONFERENCES
Summary-judgment motions must be filed within 60 days after the Note of Issue is filed, and this directive overrides contrary deadlines in court or preliminary-conference orders.
All motions for summary judgment must be filed within 60 days of the filing of the Note of Issue. THIS DIRECTIVE SUPERCEDES ANY DIFFERENT DEADLINE SET FORTH IN ANY COURT ORDER, INCLUDING A PRELIMINARY CONFERENCE ORDER.
Page 7 | Summary Judgment Motions
Service and Proof of Service Rules
A written request for an adjournment after unsuccessful consent efforts must be served on all parties.
If a party is unable to obtain an adjournment on consent, then that party shall make a written request for an adjournment explaining efforts made to obtain an adjournment on consent. The request shall be served upon all parties.
Page 6 | VI. MOTIONS — 1. Adjournments
At least 24 hours before the intended hearing, a Part 17 movant seeking injunctive relief must email the motion papers to opposing counsel, call opposing counsel, and upload a copy to NYSCEF.
In Part 17, a movant seeking injunctive relief must e-mail their motion papers to opposing counsel, call opposing counsel, and UPLOAD A COPY TO NYSCEF, at least 24 hours prior to when the movant wishes to be heard on the application.
Page 7 | Temporary Injunctive Relief
Compliance with every service requirement in the signed order to show cause is mandatory, and failure results in denial of the motion.
Movant must strictly comply with all service requirements directed in the signed OTSC. Failure to do so will result in denial of the motion.
Page 7 | Temporary Injunctive Relief
Plaintiff must serve the Note of Issue and inquest-request letter on the defendant by first-class mail within 10 days of filing them in NYSCEF and upload an affidavit of service within 10 days after service.
Plaintiff shall serve a copy of the Note of Issue and the letter requesting an inquest on defendant by first class mail within 10 days of filing the documents in NYSCEF and upload an affidavit of service within 10 days of said service.
Page 13 | X. INQUESTS
Plaintiff must serve the defendant with the default-judgment decision and order and notice of entry at least 10 days before requesting an inquest date, using the methods specified in the decision and order or, absent such direction, first-class mail and registered mail with return receipt requested, and must upload proof of service to NYSCEF.
Plaintiff shall serve a copy of the decision and order granting a default judgment with notice of entry upon defendant by the methods set forth in the decision and order, and if no such directive is included in the decision and order, then defendant shall be served with a copy of the decision and order with notice of entry by first class mail and registered mail, return receipt requested, 10 DAYS prior to plaintiff’s request seeking an inquest date. Proof of said service shall be uploaded to NYSCEF.
Page 13 | X. INQUESTS
Failure to electronically file proof of service may delay consideration of the TRO application or result in denial of injunctive relief.
Failure to e-file proof of service may result in delayed consideration of the TRO application or denial of the injunctive relief.
Page 7 | Temporary Injunctive Relief
Courtesy Copy Requirements
Where appropriate, proposed orders should be submitted with motions pursuant to 22 NYCRR §202.8-a, and a courtesy copy e-mailed to BxSupCiv-IA17@nycourts.gov.
Where appropriate, proposed orders should be submitted with motions pursuant to 22 NYCRR §202.8-a, and a courtesy copy e-mailed to BxSupCiv-IA17@nycourts.gov.
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Chambers does not require working copies of motion papers filed electronically.
Chambers does not require working copies of electronically filed motion papers.
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Sealing & Redaction Procedures
All e-filed documents must redact the infant’s full name and date of birth, except initials and year.
The infant’s full name (other than initials) and date of birth (other than year) shall be redacted in all e-filed documents.
Page 9 | VII. Infant Compromise
Pre-Motion Conference Requirements
Each party ordinarily receives only one opportunity to move for summary judgment unless sufficient justification is shown or the court previously authorizes another opportunity.
Unless sufficient justification is demonstrated, or unless expressly authorized by the Court in a prior order, each party shall be afforded only one opportunity to make a motion for summary judgment.
Page 7 | Summary Judgment Motions
Before filing a discovery motion, a party must request a pre-motion conference by filing a letter request to NYSCEF and emailing it to the listed chambers address.
Prior to filing a discovery motion, parties shall request a pre-motion conference via letter request filed to NYSCEF and e-mailed to BxSupCiv-IA17@nycourts.gov.
Page 8 | Discovery Motions
Filing a motion does not stay discovery; any discovery stay must be requested in a separate request.
The filing of any motion shall NOT stay discovery. A stay of discovery must be requested separately.
Page 8 | Other Guidance on Motions
The discovery pre-motion letter must identify the specific disputes and describe the parties' good-faith resolution efforts.
The letter shall set forth the specific discovery issue(s) to be addressed at the conference and the details of their good faith efforts to resolve the dispute prior to seeking Court intervention.
Page 8 | Discovery Motions
Failure to comply with the cited discovery-conference requirements results in denial without prejudice and may be renewed with proper papers.
Failure to adhere to either section will result in denial of the motion, without prejudice to renew on proper papers.
Page 8 | Discovery Motions
Parties must first attempt to resolve discovery disputes through informal procedures rather than motion practice.
Parties shall attempt to resolve all discovery disputes through informal procedures, as opposed to motion practice, pursuant to 22 NYCRR §202.20-f[a].
Page 8 | Discovery Motions
The Court will schedule an in-person oral-argument appearance for every compliant discovery motion.
The Court will schedule an in-person appearance for oral argument on ALL discovery motions made in compliance with these rules.
Page 8 | Discovery Motions
A discovery motion may not be combined with a request for other relief.
Discovery motions shall not be combined with requests for any other relief.
Page 8 | Discovery Motions
Non-discovery motions are decided on submission unless the court notifies the parties that oral argument or a conference has been scheduled.
All motions (other than discovery motions) will be decided “on submission” unless the Court notifies the parties that the matter has been scheduled for oral argument/conference before the Court.
Page 8 | Other Guidance on Motions
A party may request oral argument by filing a letter with the motion papers and emailing the request to the listed chambers address.
Any party may request oral argument of a motion by letter accompanying the motion papers, pursuant to 22 NYCRR §202.8-f [b]. Such request must also be e-mailed to BXSUPCIV-IA17@nycourts.gov).
Page 8 | Other Guidance on Motions
Parties scheduled for oral argument should keep a copy of their filed papers readily available to the Court.
If scheduled for oral argument, the parties should have a copy of their filed papers readily available for the Court.
Page 8 | Other Guidance on Motions
Adjournment & Extension Requirements
An adjournment request must be submitted in writing through NYSCEF at least 48 hours before the scheduled appearance.
Adjournment requests must be made in writing, via NYSCEF, at least 48 hours prior to the scheduled appearance.
Page 2 | II. APPEARANCES
An extension application must be made as soon as practicable and before the discovery deadline expires.
An application for the extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such a deadline
Page 4 | III. DISCOVERY/CONFERENCES
Any adjournment beyond the consent limits requires leave from the Court, a NYSCEF filing, an email to the designated address, and a statement of reasons.
For any further adjournments, the parties must seek leave from the Court. Such application for an additional adjournment must be filed via NYSCEF and e-mailed to BXSUPCIV-IA17@nycourts.gov. The application must contain the reason for the request.
Page 6 | VI. MOTIONS — 1. Adjournments
A party unable to obtain a consensual adjournment must make a written request explaining its efforts, serve it on every party, and seek court relief.
If a party is unable to obtain an adjournment on consent, then that party shall make a written request for an adjournment explaining efforts made to obtain an adjournment on consent. The request shall be served upon all parties.
Page 6 | VI. MOTIONS — 1. Adjournments
Every motion adjournment remains subject to the Court’s final approval.
All adjournments are subject to the final approval of the Court.
Page 6 | VI. MOTIONS — 1. Adjournments
A motion may not be adjourned by consent more than three times or for more than 60 cumulative days.
No motion may be adjourned on consent more than 3 times or for a cumulative total of more than 60 days (see 22 NYCRR §202.8-a[c]).
Page 6 | VI. MOTIONS — 1. Adjournments
A trial adjournment will be granted only when extraordinary and unanticipated circumstances exist.
Adjournments of trials shall be granted only upon extraordinary and unanticipated circumstances
Page 11 | IX. JURY TRIALS
Chambers Communication Rules
Parties may contact Chambers by telephone or email only for an emergency requiring immediate court attention or with prior court permission.
Telephone calls or e-mails to Chambers are not permitted absent an emergency requiring immediate Court attention or prior Court permission.
Page 1 | I. COMMUNICATIONS/INQUIRIES
The requesting party must separately notify the Part Clerk by email regarding the adjournment request.
The party requesting the adjournment must also notify the Part Clerk via e-mail at BxSupCiv-IA17@nycourts.gov.
Page 2 | II. APPEARANCES
Settlement and pre-trial conferences must be held in person unless the Court otherwise directs at its sole discretion.
All settlement and pre-trial conferences shall be held in person, unless otherwise directed by the Court and at the Court’s sole discretion.
Page 5 | V. PRE-TRIAL AND SETTLEMENT CONFERENCES — 1. Pre-Trial Conferences
Interpreter requests must be emailed to the Part Clerk as soon as known and no later than 10 calendar days before the appearance.
Requests for a language interpreter should be directed to the Part Clerk via e-mail at BxSupCiv-IA17@nycourts.gov. as soon as known, but not less than 10 calendar days before an appearance.
Page 3 | I. COMMUNICATIONS/INQUIRIES
The Court must be emailed immediately about developments affecting resolution of a pending motion, with all other case parties copied.
Please contact the Court immediately if there are any developments in a case that would affect the resolution of a pending motion (i.e., settlement, withdrawal, etc.), pursuant to 22 NYCRR §202.28. Please make sure to copy all other parties in the case on any e-mail sent to the Court.
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Questions about ADA accommodations should be emailed to the Part Clerk.
Any further questions should be directed to the Part Clerk via e-mail at BxSupCiv-IA17@nycourts.gov.
Page 3 | I. COMMUNICATIONS/INQUIRIES
A party may communicate its interest in ADR during any court appearance.
The parties may also advise the Court of their interest in pursuing ADR during any appearance.
Page 6 | V. PRE-TRIAL AND SETTLEMENT CONFERENCES — 3. Alternative Dispute Resolution (ADR)