Judge Fidel Gomez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Motion, Opposition, Reply
- Mail • No Later Than Return Date
Redacted Copy, Unredacted Copy
Courtesy copies
Court-wide
Adjournments
- A conference adjournment request must be filed on NYSCEF at least 48 hours before the scheduled conference.
- A written request to adjourn a motion must be submitted through NYSCEF at least 48 hours before the return date and copied to every party.
- A conference adjournment request must be filed on NYSCEF at least 48 hours before the conference and sent to every party.
- +1 more
- An application for adjournment must state the reason for the request; the quoted text is incomplete regarding the second required item.
- Absent leave of court, a motion may be adjourned on consent no more than three times and for no more than 60 cumulative days.
- An application for an adjournment may be made only after the moving party has failed to obtain an adjournment by consent from all parties.
- +6 more
Request must include
Communication
Letter via ECF
Clerk
Phone
Clerk
Letter via ECF
Phone
Chambers
Chambers
Chambers
Page & Word Limits1 rule
4. Shall not exceed the word count set forth in 202.8-b absent leave of court; and
Document Format Requirements12 rules
All submissions to this Part (applicable only to Working copies): 1. Shall comply with 22 NYCRR 202.5(a)(1);
Shall, not be double-sided;
Shall be fully and securely bound, with all text legible and viewable without having to remove staples or binding;
- Binding
- Securely bound
When submitting proposed orders or judgments in connection with a motion, the same shall be submitted as a separately bound document.
- Proposed order
- Judgment
Formatting
- •Submit as a separately bound document
All motions made before the Court must contain official citations rather than unofficial Westlaw or Lexis citations.
Shall be fully and securely bound, with all text legible and viewable without having to remove staples or binding;
- Binding
- Securely bound
Shall not exceed the word count set forth in 202.8-b absent leave of court; and
All papers must comply with CPLR §§ 2101, 2103 and 2214.
Shall, not be double-sided;
Shall have the Motion Sequence Number to which they are related placed on the front page.
Proposed orders or judgments connected to motions must be submitted as separately bound documents rather than incorporated into motion papers.
- Proposed order
- Judgment
Formatting
- •Submit as a separately bound document
Court's wording
When submitting proposed orders or judgments in connection with a motion, the same shall be submitted as a separately bound document. Proposed orders or judgments incorporated within motion papers will be considered as exhibits and will be disregarded.
5. Shall have the Motion Sequence Number to which they are related placed on the front page.
Document Filing Requirements19 rules
The parties must use this Part’s standard form Preliminary Conference Order, which is available on the Bronx County Supreme Court's Commercial Division webpage.
The parties must use this Part’s standard form Discovery Conference Form, which is available on the Bronx County Supreme Court's Commercial Division webpage.
A commercial case requiring a confidentiality order must submit the Appendix B proposed stipulation and order for the Court's signature.
Court's wording
For all commercial cases that warrant the entry of a confidentiality order, the parties shall submit to the Court for signature the proposed stipulation and order that appears in Appendix B to the Rules of the Commercial Division.
A party deviating from the Appendix B confidentiality-order form must submit the proposed order, a redline, and an explanatory letter.
Court's wording
In the event the parties wish to deviate from the form set forth in Appendix B, they must submit to the Court: (1) a copy of the parties’ proposed confidentiality order; (2) a red-line of the proposed changes; and (3) a letter to the Court explaining the reasons for such deviations.
All motions made before the Court must contain official citations rather than unofficial Westlaw or Lexis citations.
All papers must comply with CPLR §§ 2101, 2103 and 2214.
Orders to Show Cause must include a fax number or an email address to permit a conformed copy of the signed Order to be sent to the movant.
All motions which seek the appointment of a fiduciary such as a receiver, or referee, must be accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
If a case is settled after a fiduciary such as a Referee, Receiver and/or a Guardian Ad Litem has been appointed, in addition to the stipulation of discontinuance which the parties must file, the parties must also file a proposed order providing for payment of the fiduciary and a termination of the same's services.
- Document
- Stipulation of discontinuance
Must include
- •Proposed order
Within seven (7) days of the conclusion of trial, the parties shall e-file a list of the exhibits that were admitted into evidence and file the hard copies with the Part Clerk.
- Document
- List of exhibits
Must include
- •Exhibit list
All inquiries/correspondence to the Court must indicate that a copy was sent to all other parties simultaneous with transmittal to the Court.
At least seven (7) days prior to the Preliminary Conference, the parties must jointly submit a completed Preliminary Conference Order by filing the same on NYSCEF.
At least seven (7) days prior to the Compliance Conference, the parties must jointly submit a completed Discovery/Compliance Conference Form by filing the same on NYSCEF.
Motions which do not adhere to the foregoing rules shall be denied without prejudice.
The Court will sign only subpoenas falling within the stated CPLR categories, and counsel should not seek signature on other subpoenas.
Court's wording
The Court will only so-order the subpoenas that require the Court’s signature as prescribed by the CPLR. Significantly, the CPLR only requires that a subpoena be issued by the Court when, it seeks “production of an original record or document where a certified transcript or copy is admissible in evidence, or to compel attendance of any person confined in a penitentiary or jail” (CPLR 2302[b]), or where the same is “served upon a library, or a department or bureau of a municipal corporation or of the state, or an officer thereof, requiring the production of any books, papers or other things” (CPLR 2307). Accordingly, please do not submit any subpoenas for signature, which do not fall within the ambit of the foregoing statutes.
Any subpoenas submitted for the Court’s signature should be accompanied by a statement detailing the relevance of the information sought.
The parties must use this Part’s standard form Preliminary Conference Order, which is available on the Bronx County Supreme Court’s webpage.
The parties must use this Part’s standard form Discovery Conference Form, which is available on the Bronx County Supreme Court’s webpage.
Any subpoenas submitted for the Court’s signature should be accompanied by a statement detailing the relevance of the information sought.
Filing & Service rules
Electronic Filing Rules
All newly filed Commercial Division actions must be filed electronically.
Effective February 1, 2022, all newly filed actions in the Commercial Division must be e-filed.
Civil cases
Page 1 | Part 32 - Commercial Division Rules
The Preliminary Conference Order must be submitted through NYSCEF.
At least seven (7) days prior to the Preliminary Conference, the parties must jointly submit a completed Preliminary Conference Order by filing it on NYSCEF.
Civil cases
Page 3 | Preliminary Conference
The Discovery/Compliance Conference Form must be submitted through NYSCEF.
At least seven (7) days prior to the Compliance Conference, the parties must jointly submit a completed Discovery/Compliance Conference Form by filing it on NYSCEF.
Civil cases
Page 3 | Compliance Conference
The Rule 14 Conference request must be submitted electronically through NYSCEF.
The request must be submitted to the Court via NYSCEF.
Civil cases
Page 5 | DISCOVERY DISPUTES
Papers submitted electronically must comply with the Bronx Supreme Court Filing Rules for E-filed Motions.
Papers submitted by e-filing shall comply with the Bronx Supreme Court Filing Rules for E-filed Motions.
Civil cases
Page 6 | E-Filing
For an electronically filed Order to Show Cause, proof of service must be e-filed by 9:00 a.m. on the return date, and noncompliance may result in denial.
E-Filed Motions: Proof of service must be e-filed by 9:00 a.m. on the return date. Non-compliance may result in a denial of the order to show cause.
Civil cases
Page 8 | Motions Brought by Order to Show Cause
Motions are returnable five (5) days a week, and parties must e-file opposition and reply papers by the motion’s return date; later papers will not be accepted.
E-filed Motions: Motions are returnable five (5) days a week. All opposition and reply papers must be e-filed by the return date of the motion. Opposition and reply papers will not be accepted after the return date.
Civil cases
Page 8 | Motions Brought by Notice of Motion
A compliant stipulation of adjournment for a non-e-filed motion must be emailed to the Part Clerk before the motion's return date.
Non-E-filed Motions: Stipulations of adjournment, compliant with 22 NYCRR 202.8(e)(1), shall be emailed to the Part Clerk prior to the return date of the motion.
Civil cases
Page 9 | Adjournment of Motions
An Order to Show Cause must comply with 22 NYCRR 202.7(d) and be brought to the Motion Support Office in Room 217.
Non-E-Filed Motions: 1. Orders to Show Cause must comply with 22 NYCRR 202.7(d) and be brought to the Motion Support Office, Room 217.
Civil cases
Page 9 | Non-E-Filed Motions
A compliant stipulation of adjournment for an e-filed motion must be e-filed before the motion's return date, including when the motion has already been submitted.
E-filed Motions: Stipulations of adjournment, compliant with 22 NYCRR 202.8(e)(1), shall be e-filed prior to the return date of the motion. A party seeking to adjourn an already submitted motion shall also follow the foregoing protocol.
Civil cases
Page 9 | Adjournment of Motions
A conference request must be filed electronically on NYSCEF and state the reason for the request, whether any party is pro se, and any available contact information for that party.
If a party desires to have a conference for any reason, a letter must be filed on NYSCEF, and the Court must concomitantly be apprised of the reason for the conference request. Moreover, when a conference is requested, the Court must also be apprised of whether any party in the action is pro se and any contact information for such party must be provided to the Court.
Civil cases
Page 11
At the start of jury selection or within one day thereafter, the parties must electronically file and submit hard copies of the listed trial materials, including marked pleadings, proposed verdict sheets and jury instructions, expert materials, a procedural history, and trial transcripts.
The parties shall e-file and submit hard copies to the Court of the following documents on the date jury selection begins or within 1 (one) day thereafter: 1. A copy of the marked pleadings; proposed verdict sheets and requested jury instructions; all expert exchanges and reports; a procedural history; and all transcripts to be used during the trial.
Civil cases
Page 12 | Pre-Trial Conference
The list of admitted exhibits must be electronically filed within seven days after trial, with hard copies submitted to the Part Clerk.
Within seven (7) days of the conclusion of trial, the parties shall e-file a list of the exhibits that were admitted into evidence and file the hard copies with the Part Clerk.
Civil cases
Page 14 | Exhibits
All newly filed actions must be electronically filed on NYSCEF.
Pursuant to 22 NYCRR 202.5-bb, all newly filed actions must be e-filed on NYSCEF.
Civil cases
Page 1 | General Requirements
The completed Preliminary Conference Order must be filed electronically on NYSCEF.
At least seven (7) days prior to the Preliminary Conference, the parties must jointly submit a completed Preliminary Conference Order by filing the same on NYSCEF.
Civil cases
Page 3 | Preliminary Conference
The completed Discovery/Compliance Conference Form must be filed electronically on NYSCEF.
At least seven (7) days prior to the Compliance Conference, the parties must jointly submit a completed Discovery/Compliance Conference Form by filing the same on NYSCEF.
Civil cases
Page 3 | Compliance Conference
A request for a conference in a discovery dispute must be filed on NYSCEF.
The request must be filed on NYSCEF.
Civil cases
Page 5 | DISCOVERY DISPUTES
The parties must electronically file and submit hard copies of the specified trial documents when jury selection begins or within one day thereafter.
The parties shall e-file and submit hard copies to the Court of the following documents on the date jury selection begins or within 1 (one) day thereafter: 1. A copy of the marked pleadings; proposed verdict sheets and requested jury instructions; all expert exchanges and reports; a procedural history; and all transcripts to be used during the trial.
Civil cases
Page 11
Within seven days after trial concludes, the parties must e-file the admitted-exhibit list and file its hard copy with the Part Clerk.
Within seven (7) days of the conclusion of trial, the parties shall e-file a list of the exhibits that were admitted into evidence and file the hard copies with the Part Clerk.
Civil cases
Page 12 | Exhibits
An executed copy of the Preliminary Conference Order will be filed electronically on NYSCEF.
An executed copy of the Preliminary Conference Order will be filed on NYSCEF.
Civil cases
Page 3 | Preliminary Conference
An executed copy of the Discovery/Compliance Conference Form will be filed electronically on NYSCEF.
An executed copy of the Discovery/Compliance Conference Form will be filed on NYSCEF.
Civil cases
Page 4 | Compliance Conference
A party must file a written status letter on NYSCEF as soon as practicable when a submitted motion is resolved, withdrawn, or moot because the case settled.
The parties must advise the Court in writing by filing a letter on NYSCEF as soon as practicable if any submitted motions have been resolved, withdrawn, or if the motion is moot because the case has been settled.
Civil cases
Page 7 | MOTION PROCEDURE
Filing Timing and Cure Windows
The parties must jointly file a completed Discovery/Compliance Conference Form on NYSCEF at least seven days before the conference.
At least seven (7) days prior to the Compliance Conference, the parties must jointly submit a completed Discovery/Compliance Conference Form by filing it on NYSCEF.
Civil cases
Page 3 | Compliance Conference
The parties must jointly file a completed Preliminary Conference Order on NYSCEF at least seven days before the conference.
At least seven (7) days prior to the Preliminary Conference, the parties must jointly submit a completed Preliminary Conference Order by filing it on NYSCEF.
Civil cases
Page 3 | Preliminary Conference
A summary-judgment motion generally must be filed within 30 days after the Note of Issue, unless the court grants leave for good cause.
Pursuant to CPLR § 3212(a), a motion for summary judgment shall be made no later than thirty (30) days after the filing of the Note of Issue, except with leave of court on good cause shown.
Civil cases
Page 7 | General Motion Rules
For non-e-filed notice-of-motion matters, opposition and reply papers must be submitted to the Motion Support Office by the return date and are not accepted afterward.
Non-E-filed Motions: Motions are returnable five (5) days a week in the Motion Support Office, Room 217. All opposition and reply papers must be submitted to the Motion Support Office by the return date of the motion. Opposition and reply papers will not be accepted after the return date.
Civil cases
Page 8 | Motions Brought by Notice of Motion
The 9:00 a.m. return-date cutoff governs electronic filing of proof of service for an Order to Show Cause.
Proof of service must be e-filed by 9:00 a.m. on the return date.
Civil cases
Page 8 | Motions Brought by Order to Show Cause
Every motion is deemed submitted on its return date.
All motions will be deemed submitted on the return date.
Civil cases
Page 8 | Motions Brought by Notice of Motion
Electronically filed opposition and reply papers are due by the motion's return date and are not accepted afterward.
All opposition and reply papers must be e-filed by the return date of the motion. Opposition and reply papers will not be accepted after the return date.
Civil cases
Page 8 | Motions Brought by Notice of Motion
The required electronic and hard-copy trial submissions must be made on the first day of jury selection or within one day afterward.
The parties shall e-file and submit hard copies to the Court of the following documents on the date jury selection begins or within 1 (one) day thereafter:
Civil cases
Page 12 | Pre-Trial Conference
The Preliminary Conference Order is due at least seven days before the Preliminary Conference.
At least seven (7) days prior to the Preliminary Conference, the parties must jointly submit a completed Preliminary Conference Order by filing the same on NYSCEF.
Civil cases
Page 3 | Preliminary Conference
The Discovery/Compliance Conference Form is due at least seven days before the Compliance Conference.
At least seven (7) days prior to the Compliance Conference, the parties must jointly submit a completed Discovery/Compliance Conference Form by filing the same on NYSCEF.
Civil cases
Page 3 | Compliance Conference
A motion for summary judgment must be filed within 30 days after the Note of Issue is filed, unless the Court grants leave for good cause.
Pursuant to CPLR § 3212(a), a motion for summary judgment shall be made no later than thirty (30) days after the filing of the Note of Issue, except with leave of court on good cause shown.
Civil cases
Page 6 | General Motion Rules
For e-filed motions, opposition and reply papers must be e-filed by the motion's return date and will not be accepted afterward.
E-filed Motions: Motions are returnable five (5) days a week. All opposition and reply papers must be e-filed by the return date of the motion. Opposition and reply papers will not be accepted after the return date.
Civil cases
Page 7 | Motions Brought by Notice of Motion
For non-e-filed motions, opposition and reply papers must reach the Motion Support Office by the return date and will not be accepted afterward.
Non-E-filed Motions: Motions are returnable five (5) days a week in the Motion Support Office, Room 217. All opposition and reply papers must be submitted to the Motion Support Office by the return date of the motion. Opposition and reply papers will not be accepted after the return date.
Civil cases
Page 7 | Motions Brought by Notice of Motion
All motions are deemed submitted on their return date.
All motions will be deemed submitted on the return date.
Civil cases
Page 7 | Motions Brought by Notice of Motion
A compliant stipulation of adjournment for a non-e-filed motion must be emailed to the Part Clerk before the motion's return date.
Non-E-filed Motions: Stipulations of adjournment, compliant with 22 NYCRR 202.8(e)(1), shall be emailed to the Part Clerk prior to the return date of the motion.
Civil cases
Page 9 | Adjournment of Conferences
The required trial-document submission must occur when jury selection begins or within one day thereafter.
The parties shall e-file and submit hard copies to the Court of the following documents on the date jury selection begins or within 1 (one) day thereafter:
Civil cases
Page 11
The admitted-exhibit list and its hard copy must be filed within seven days after the conclusion of trial.
Within seven (7) days of the conclusion of trial, the parties shall e-file a list of the exhibits that were admitted into evidence and file the hard copies with the Part Clerk.
Civil cases
Page 12 | Exhibits
Service and Proof of Service Rules
The conference adjournment request must be sent to all parties.
The request must be sent to all parties.
Civil cases
Page 2 | Adjournment of Conferences
Inquiries and correspondence to the Court must state that a copy was simultaneously sent to all other parties.
All inquiries/correspondence to the Court must indicate that a copy was sent to all other parties simultaneous with transmittal to the Court.
Civil cases
Page 2 | INQUIRIES/CORRESPONDENCE
An order, judgment, counter-order, or counter-judgment submitted for signature must include an affidavit of service and the required notice of settlement.
Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will not be signed unless an affidavit of service and notice of settlement for a date designated in accordance with 22 NYCRR 202.48 has been included.
Civil cases
Page 7 | General Motion Rules
Proof of service for an electronically filed Order to Show Cause is due by 9:00 a.m. on the return date.
Proof of service must be e-filed by 9:00 a.m. on the return date.
Civil cases
Page 8 | Motions Brought by Order to Show Cause
Proof of service for an Order to Show Cause must be emailed to the Part Clerk by 9:00 a.m. on the return date, and noncompliance may result in denial.
Proof of service must be emailed to the Part Clerk by 9:00 a.m. on the return date. Non-compliance may result in a denial of the order to show cause.
Civil cases
Page 9 | Non-E-Filed Motions
For a non-e-filed order to show cause, proof of service must be emailed to the Part Clerk by 9:00 a.m. on the return date to avoid possible denial.
3. Proof of service must be emailed to the Part Clerk by 9:00 a.m. on the return date. Non-compliance may result in a denial of the order to show cause.
Civil cases
Page 8 | Motions Brought by Order to Show Cause
For an e-filed order to show cause, proof of service must be e-filed by 9:00 a.m. on the return date to avoid possible denial.
E-Filed Motions: Proof of service must be e-filed by 9:00 a.m. on the return date. Non-compliance may result in a denial of the order to show cause.
Civil cases
Page 8 | Motions Brought by Order to Show Cause
A motion-adjournment request must be copied to every party.
The request must be copied to all parties.
Civil cases
Page 9 | Adjournment of Conferences
Courtesy Copy Requirements
The Court must receive working copies of both the redacted and unredacted papers, with the status clearly identified on each cover page.
Working copies of both the redacted and unredacted papers shall be delivered to the Court, with a designation clearly indicating on the cover page whether the papers are redacted or unredacted.
Civil cases
Page 6 | SEALING/REDACTION OF DOCUMENTS
Working copies of motion, opposition, and reply papers must be mailed to Chambers with proof of e-filing by the motion's return date; exhibits are exempt, and missing required working copies result in denial without prejudice.
Working hard copies of all motion papers, including opposition and reply papers (“Working Copies”), shall be submitted to Chambers by mail, with proof of e-filing, no later than the return date of the motion. Working copies of exhibits are not necessary. E-filed motions that are submitted without Working Copies shall be denied without prejudice.
Civil cases
Page 6 | E-Filing
Hard copies of motion, opposition, and reply papers must be mailed to Chambers with proof of e-filing by the motion's return date; working copies of exhibits are not required.
Working hard copies of all motion papers, including opposition and reply papers (“Working Copies”), shall be submitted to Chambers by mail, with proof of e-filing, no later than the return date of the motion. Working copies of exhibits are not necessary.
Civil cases
Page 6 | E-Filing
An e-filed motion submitted without the required working copies will be denied without prejudice.
E-filed motions that are submitted without Working Copies shall be denied without prejudice.
Civil cases
Page 6 | E-Filing
Sealing & Redaction Procedures
The parties may not stipulate to sealing or redaction beyond the Redaction Rules, and additional sealing or redaction requires an order to show cause.
Parties may not stipulate to seal or redact documents or information beyond those permitted by Redaction Rules (22 NYCRR 202.5[e] [i.e., date of birth, social security number, and account numbers]). The Court will consider an application for additional sealing or redaction of documents only by order to show cause.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
The moving papers must clearly identify every document for which sealing is requested, including its specific NYSCEF document number.
All documents to be sealed shall be clearly identified in the moving papers, including by the specific NYSCEF Doc. No.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
A sealing or redaction application must identify the document and reason for the request and establish good cause under 22 NYCRR 216.1.
An application to seal or redact documents shall set forth the nature of the document, the reason for the request, and must establish “good cause” pursuant to 22 NYCRR 216.1.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
When additional sealing or redaction is permitted, the parties must electronically file a public redacted copy and the unredacted copy under seal.
If the Court permits additional sealing or redaction of a document in whole or in part, the parties shall e-file both the redacted copy publicly and the unredacted copy of the document under seal.
Civil cases
Page 6 | SEALING/REDACTION OF DOCUMENTS
The Court will consider requests for additional sealing or redaction only through an order to show cause.
The Court will consider an application for additional sealing or redaction of documents only by order to show cause.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
The parties may not stipulate to seal or redact material beyond the categories permitted by the Redaction Rules.
Parties may not stipulate to seal or redact documents or information beyond those permitted by Redaction Rules (22 NYCRR 202.5[e] [i.e., date of birth, social security number, and account numbers]).
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
When additional sealing or redaction is permitted, the parties must electronically file a public redacted copy and an unredacted copy under seal.
If the Court permits additional sealing or redaction of a document in whole or in part, the parties shall e-file both the redacted copy publicly and the unredacted copy of the document under seal.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
A sealing or redaction application must identify the document and reason for the request and establish good cause under 22 NYCRR 216.1.
An application to seal or redact documents shall set forth the nature of the document, the reason for the request, and must establish “good cause” pursuant to 22 NYCRR 216.1.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
Each document to be sealed must be clearly identified in the moving papers by its specific NYSCEF document number.
All documents to be sealed shall be clearly identified in the moving papers, including by the specific NYSCEF Doc. No.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
Both redacted and unredacted working papers must be delivered to the Court, with the cover page identifying which version is being delivered.
Working copies of both the redacted and unredacted papers shall be delivered to the Court, with a designation clearly indicating on the cover page whether the papers are redacted or unredacted.
Civil cases
Page 5 | SEALING/REDACTION OF DOCUMENTS
Pre-Motion Conference Requirements
A discovery motion filed without a prior Rule 14 Conference will be held in abeyance until the conference occurs.
Discovery motions made absent a prior Rule 14 Conference will be held in abeyance until such a conference is held.
Civil cases
Page 5 | DISCOVERY DISPUTES
Before seeking a Rule 14 Conference, the parties must consult in good faith to resolve their discovery disputes.
Pursuant to Commercial Division Rule 14, the parties must first consult with one another in a good faith effort to resolve all discovery disputes.
Civil cases
Page 5 | DISCOVERY DISPUTES
If good-faith efforts do not resolve a discovery dispute, the parties must submit a Rule 14 Conference request letter describing the dispute and resolution efforts through NYSCEF.
If a dispute cannot be resolved after such good faith effort, the parties must submit a letter requesting a Rule 14 conference and advising the Court of the nature of the dispute and the efforts made to resolve it. The request must be submitted to the Court via NYSCEF.
Civil cases
Page 5 | DISCOVERY DISPUTES
Commercial Division Rule 24 procedure must be followed before a qualifying motion, but it does not apply to Rule 24(b) motions or CPLR § 3215 motions.
The procedure prescribed by Commercial Division Rule 24 must be followed before any qualifying motion is made, including those promulgated by Rules 14 and 24. This Rule shall not apply to motions listed in Rule 24(b) and those made pursuant to CPLR § 3215.
Civil cases
Page 6 | MOTION PROCEDURE
A sur-reply may not be submitted without leave of court.
No sur-replies shall be submitted absent leave of court.
Civil cases
Page 7 | General Motion Rules
Orders to Show Cause are generally returnable on Wednesdays, other than court holidays or as otherwise indicated, and appearances are required.
All Orders to Show Cause are returnable on Wednesdays, except for court holidays, unless otherwise indicated. Appearances are required.
Civil cases
Page 8 | Motions Brought by Order to Show Cause
An order-to-show-cause application must demonstrate a need for exigent or urgent relief or it will not be signed.
22 NYCRR 202.8-d is strictly enforced and an application brought by Order to Show Cause that fails to demonstrate that exigent or urgent relief is required will be not be signed.
Civil cases
Page 8 | Motions Brought by Order to Show Cause
Before seeking judicial intervention, the parties must consult in good faith to try to resolve all discovery disputes.
Accordingly, pursuant to 22 NYCRR 202.20-f(b), before seeking judicial intervention, the parties must first consult with one another in a good faith effort to resolve all discovery disputes.
Civil cases
Page 5 | DISCOVERY DISPUTES
Discovery motions filed before a conference with the Court are held in abeyance until the conference occurs.
In the spirit of 22 NYCRR 202.20-f(a), discovery motions made prior to a conference with the Court will be held in abeyance until such conference is held.
Civil cases
Page 5 | DISCOVERY DISPUTES
If good-faith consultation fails, the party seeking judicial intervention must submit a letter requesting a conference and describing the dispute and resolution efforts.
If a dispute cannot be resolved after such good faith effort, the parties must follow the protocol prescribed by Commercial Division Rule 14 (202 NYCRR 202.70), which, inter alia, requires that the party seeking judicial intervention submit a letter requesting a conference and advising the Court of the nature of the dispute and the efforts made to resolve it.
Civil cases
Page 5 | DISCOVERY DISPUTES
Anticipated or pending motions in limine must be disclosed to the court; jury-selection motions must be made orally before jury selection, other motions in limine must be made orally before or during trial, and written submission is not required unless the court directs otherwise.
Apprise the Court of any anticipated/pending motions in limine. If a motion in limine concerns jury selection, it is to be made orally prior to jury selection. If a motion in limine does not concern jury selection, it is to be made orally prior to the commencement of or during the trial. The parties are not required to submit any motions in limine in writing, unless otherwise directed by the Court.
Civil cases
Page 12 | Pre-Trial Conference
Oral argument and a personal appearance are not required for a notice-of-motion matter unless the court directs them.
There shall be no oral argument or personal appearance required on any motion brought by notice of motion unless directed by the Court.
Civil cases
Page 8 | Motions Brought by Notice of Motion
Oral argument and a personal appearance are not required for a notice-of-motion motion unless the Court directs otherwise.
There shall be no oral argument or personal appearance required on any motion brought by notice of motion unless directed by the Court.
Civil cases
Page 8 | Motions Brought by Notice of Motion
Adjournment & Extension Requirements
A conference adjournment request must be filed on NYSCEF at least 48 hours before the scheduled conference.
A request to adjourn a conference must be made by letter filed on NYSCEF at least forty-eight (48) hours in advance of the scheduled conference.
Civil cases
Page 2 | Adjournment of Conferences
An application for adjournment must state the reason for the request; the quoted text is incomplete regarding the second required item.
All applications for adjournment must state: (1) the reason for the adjournment request; (2) whether the request is being made on
Civil cases
Page 2 | Adjournment of Conferences
An application for an adjournment may be made only after the moving party has failed to obtain an adjournment by consent from all parties.
Applications seeking an adjournment shall only be made upon the failure to procure an adjournment on consent of all parties.
Civil cases
Page 9 | Adjournment of Motions
Absent leave of court, a motion may be adjourned on consent no more than three times and for no more than 60 cumulative days.
All Motions: In accordance with 22 NYCRR 202.8-a(c), absent leave of court, no motion may be adjourned on consent more than three times or for a cumulative total of more than sixty (60) days.
Civil cases
Page 9 | Adjournment of Motions
A written request to adjourn a motion must be submitted through NYSCEF at least 48 hours before the return date and copied to every party.
A request to adjourn a motion must be made in writing by letter via NYSCEF at least forty-eight (48) hours in advance of the motion’s return date. The request must be copied to all parties.
Civil cases
Page 9 | Adjournment of Motions
Every adjournment application must state the reason for the request, the attempts to obtain a consensual adjournment, and the length of adjournment sought.
All applications for adjournment must state: (1) the reason for the adjournment request; (2) the attempts made to adjourn the motion on consent; and (3) the length of the adjournment sought.
Civil cases
Page 10 | Adjournment of Motions
A conference adjournment request must be filed on NYSCEF at least 48 hours before the conference and sent to every party.
A request to adjourn a conference must be made by letter filed on NYSCEF at least forty-eight (48) hours in advance of the scheduled conference. The request must be sent to all parties.
Civil cases
Page 2 | Adjournment of Conferences
All adjournment applications must state the reason for the request and whether the request is being made on
All applications for adjournment must state: (1) the reason for the adjournment request; (2) whether the request is being made on
Civil cases
Page 2 | Adjournment of Conferences
An e-filed stipulation of adjournment complying with 22 NYCRR 202.8(e)(1) must be filed before the motion's return date, including when the motion has already been submitted.
E-filed Motions: Stipulations of adjournment, compliant with 22 NYCRR 202.8(e)(1), shall be e-filed prior to the return date of the motion. A party seeking to adjourn an already submitted motion shall also follow the foregoing protocol.
Civil cases
Page 8 | Adjournment of Motions
A motion-adjournment request must be written, filed on NYSCEF, and submitted at least 48 hours before the return date.
A request to adjourn a motion must be made in writing by filing a letter on NYSCEF at least forty-eight (48) hours in advance of the motion’s return date.
Civil cases
Page 9 | Adjournment of Conferences
Absent leave of court, a motion may be adjourned on consent no more than three times and for no more than 60 cumulative days.
All Motions: In accordance with 22 NYCRR 202.8-a(c), absent leave of court, no motion may be adjourned on consent more than three times or for a cumulative total of more than sixty (60) days.
Civil cases
Page 9 | Adjournment of Conferences
Every adjournment application must state the reason, the consent-adjournment attempts, and the duration sought.
All applications for adjournment must state: (1) the reason for the adjournment request; (2) the attempts made to adjourn the motion on consent; and (3) the length of the adjournment sought.
Civil cases
Page 9 | Adjournment of Conferences
An application for judicial adjournment may be made only after the parties have failed to agree to an adjournment.
Applications seeking an adjournment shall only be made upon the failure to procure an adjournment on consent of all parties.
Civil cases
Page 9 | Adjournment of Conferences
An adjournment request must include the consent of all parties and state the length of the adjournment sought.
consent of all of the parties; and (3) the length of the adjournment sought.
Civil cases
Page 3 | Adjournment of Conferences
Chambers Communication Rules
Case inquiries, including scheduling, appearances, adjournments, and status inquiries, must be directed to the Part Clerk by a letter filed on NYSCEF.
All inquiries concerning a case before the Court, including scheduling, appearances, adjournments, and case/motion status shall be directed to the Part Clerk by filing a letter on NYSCEF.
Civil cases
Page 1 | INQUIRIES/CORRESPONDENCE
Case inquiries about scheduling, appearances, adjournments, and case or motion status must be submitted to the Part Clerk by a letter filed on NYSCEF.
All inquiries concerning a case before the Court, including scheduling, appearances, adjournments, and case/motion status shall be directed to the Part Clerk by filing a letter on NYSCEF.
Civil cases
Page 1 | INQUIRIES/CORRESPONDENCE
Telephone calls to Chambers are not permitted except for true emergencies or after the described alternative methods have been unsuccessful.
Telephone calls to Chambers are not permitted unless in cases of true emergencies and/or where resolution by the methods described below have has been unsuccessful.
Civil cases
Page 1 | INQUIRIES/CORRESPONDENCE
Parties should not call the Part unless there is a true emergency or the inquiry has remained unanswered for at least seven days.
Unless it is a true emergency or where an inquiry remains unanswered for seven days or longer, the parties should refrain from calling the Part.
Civil cases
Page 2 | INQUIRIES/CORRESPONDENCE
The parties must notify the court through a NYSCEF letter as soon as practicable when a motion has been resolved, withdrawn, or rendered moot by settlement.
The parties must advise the Court in writing by letter via NYSCEF as soon as practicable if any submitted motions have been resolved, withdrawn, or if the motion is moot because the case has been settled.
Civil cases
Page 8 | General Motion Rules
Chambers may be telephoned only for true emergencies or when the other stated methods of resolving the matter have been unsuccessful.
Telephone calls to Chambers are not permitted unless in cases of true emergencies and/or where resolution by the methods described below have has been unsuccessful.
Civil cases
Page 1 | INQUIRIES/CORRESPONDENCE
Part calls are discouraged unless the matter is a true emergency or the inquiry has remained unanswered for at least seven days.
Unless it is a true emergency or where an inquiry remains unanswered for seven days or longer, the parties should refrain from calling the Part.
Civil cases
Page 2 | INQUIRIES/CORRESPONDENCE