Judge John A. Howard-Algarin
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Subpoena
Motion
Court-wideOpposition, Reply
Court-wideProposed Order, Supporting Documents
Court-wide
Communication
Chambers
Page & Word Limits1 rule
The Court may permit oversize submissions upon oral or letter application on notice to all parties.
Document Format Requirements2 rules
When an exhibit is a video, the Court prefers for counsel to provide a hyperlink to the video exhibit. However, if submitting a hard copy exhibit, the Court asks that a USB drive be placed in an envelope with the caption and index number of the matter to which it relates.
- Exhibits
Formatting
- •For video exhibits, provide a hyperlink
Proposed Orders should be e-filed and emailed to the Law Clerks in MS Word format.
- File type
- Word
- Proposed order
Formatting
- •E-file the proposed order
- •Email the proposed order to the Law Clerks in MS Word format
Document Filing Requirements10 rules
With few exceptions, the Court will not entertain pre-trial and settlement conferences unless all discovery is certified as complete by the parties and a Note of Issue is filed.
Discovery motions shall be supported by an affidavit or affirmation from counsel which provides the details as to how the moving party received leave of the court to file the motion.
Procedural motions must include a proposed order uploaded to NYSCEF and emailed in Word format to the two listed chambers addresses.
- Document
- Procedural motion
Must include
- •Proposed order
Court's wording
For procedural motions, including but not limited to motions to change venue, default judgment, amend, consolidate, and appear pro hac vice, the party making the motion must upload a proposed order to NYSCEF and e-mail a proposed order in Word format to BxSupCiv-IA14@nycourts.gov and kedaly@nycourts.gov.
Motions to dismiss under CPLR § 1021 or substitute a deceased party under CPLR § 1015 must be brought by order to show cause rather than notice of motion.
Court's wording
Following the death of a party, any motion requesting dismissal of an action under CPLR § 1021 or substitution of the deceased party under CPLR § 1015 shall be brought by Order to Show Cause, and not by Notice of Motion, so that the court may exercise its discretion to notify interested parties outside the NYSCEF service list.
Where appropriate, movant shall submit a proposed Order to expedite relief.
- Document
- Order to show cause
Must include
- •Proposed order
With the exception of preliminary conference orders which require a compliance conference date, all stipulations for compliance and status conferences must include a Note of Issue date.
Such request shall include the case name and index number, and provide a brief description of the issue.
Each such request must include the case name, index number, the names and contact phone number for the attorneys and applicable insurance policy limits.
The Court expects that plaintiff will have conveyed an initial settlement demand prior to appearing at any settlement conference/pre-trial conference.
Conveyance of initial settlement demands upon arriving at the settlement/pre-trial conference is strongly discouraged.
Filing & Service rules
Electronic Filing Rules
When all discovery issues are agreed, the parties must electronically file and email a fully executed stipulation to the Part 14 email address.
If the parties agree on all issues relating to outstanding discovery, the parties shall e-file and e-mail a fully executed stipulation to BxSupCiv-IA14@nycourts.gov.
Civil cases
Page 1 | Compliance & Status Conferences
All attorneys of record must register their matters on NYSCEF.
*All attorneys of record are required to register their respective matters on NYSCEF.*
Civil cases
Page 1 | Part 14 Rules
When discovery disputes remain unresolved after good-faith efforts, the parties must electronically file and email a request for a compliance/status conference to the Part 14 email address.
If the parties cannot agree on outstanding discovery issues despite good faith efforts to resolve any dispute without Court intervention, the parties shall e-file AND e-mail a request for a compliance/status conference to BxSupCiv-IA14@nycourts.gov.
Civil cases
Page 2 | Compliance & Status Conferences
If all parties agree discovery is complete, they must electronically file and email the stipulation by the scheduled Status/Compliance conference date.
If all parties agree that discovery is complete, the parties shall e-file and e-mail a stipulation to BxSupCiv-IA14@nycourts.gov on or before the scheduled Status/Compliance conference date.
Civil cases
Page 2 | Compliance & Status Conferences
Summary judgment motions must be filed through NYSCEF within 60 days after the Note of Issue is filed.
Summary judgment motions must be filed via NYSCEF within sixty (60) days after the filing of the Note of Issue.
Civil cases
Page 3 | IV. Motions — A. Summary Judgment
Attorneys must immediately notify the court by letter e-filed through NYSCEF of any issue they become aware of, including bankruptcy stays or withdrawal of counsel, and email a copy to BxSupCiv-IA14@nycourts.gov.
If at any time, there is any issue that the attorneys become aware of such as bankruptcy stays, or withdrawal of counsel, it shall be immediately brought to the attention to the Court by letter e-filed via NYSCEF and a copy of same to BxSupCiv-IA14@nycourts.gov.
Civil cases
Page 5 | X. Miscellaneous
Subpoenas requested to be so ordered must be uploaded to NYSCEF.
All subpoenas that parties are requesting to be So-Ordered shall be uploaded to NYSCEF
Civil cases
Page 5 | VI. Subpoenas
When a case is resolved, the parties must electronically file a stipulation of discontinuance action through NYSCEF and email a copy to the Part.
If the case has been resolved at any stage of the litigation, the parties are to e-file a Stipulation OF Discontinuance Action via NYSCEF and submit a copy to the Part at BxSupCiv-IA14@nycourts.gov via e-mail.
Civil cases
Page 5 | VIII. Stipulation Of Discontinuance
Filing Timing and Cure Windows
Summary judgment motions must be returnable on a Tuesday or Thursday at 9:30 a.m.
All motions for summary judgment shall be returnable on a Tuesday or Thursday, at 9:30am.
Civil cases
Page 3 | IV. Motions — A. Summary Judgment
Discovery motions must be returnable on a Tuesday or Thursday.
Discovery motions must be returnable on a Tuesday or Thursday.
Civil cases
Page 3 | IV. Motions — B. Discovery
A Note of Issue date included in the stipulation should be no more than 30 days after the stipulation date.
Any Note of Issue filing date included in the stipulation should be no more than 30 days after the stipulation date.
Civil cases
Page 2 | Compliance & Status Conferences
A summary judgment motion filed in violation of this deadline may be considered by the Court upon a detailed demonstration of good cause and lack of prejudice.
A summary judgment motion filed in violation of this deadline may be considered by the Court upon a detailed demonstration of good cause and lack of prejudice.
Civil cases
Page 3 | IV. Motions — A. Summary Judgment
Service and Proof of Service Rules
Notice of entry must be served on another party by filing the written order or judgment and written notice of entry with NYSCEF.
A party shall serve notice of entry of an order or judgment on another party by serving a copy of the written order or judgment and written notice of its entry by filing them with the NYSCEF site
Civil cases
Page 5 | VII. Notice of Entry
Notice of entry may alternatively be served on another party by mailing a hard copy using a method authorized by CPLR § 2103[b][1] through [6].
A party shall serve notice of entry of an order or judgment on another party by serving a copy of the written order or judgment and written notice of its entry ... by mailing a hard-copy by any method set forth in CPLR § 2103[b][1] to [6] (22 NYCRR §202.5- b[h][2])
Civil cases
Page 5 | VII. Notice of Entry
Courtesy Copy Requirements
Subpoenas requested to be so ordered must be uploaded to NYSCEF, with one courtesy copy emailed to BxSupCiv-IA14@nycourts.gov.
All subpoenas that parties are requesting to be So-Ordered shall be uploaded to NYSCEF, with a courtesy copy being emailed to BxSupCiv-IA14@nycourts.gov
Civil cases
Page 5 | VI. Subpoenas
Chambers does not require working copies of motion papers filed electronically.
Chambers does not require working copies of electronically-filed motion papers.
Civil cases
Page 4 | IV. Motions — F. Other Guidance on Motion Practice
Sealing & Redaction Procedures
Papers submitted to the court must omit or redact confidential personal information.
Pursuant to 22 NYCRR §202.5[e][1], the parties shall omit or redact confidential personal information (“CPI”) in papers submitted to the Court
Civil cases
Page 5 | IX. Redaction Rules
The court may refuse to accept a paper that does not comply with the stated New York redacted-filing rule.
The parties are on notice that the Court may refuse to accept a paper for non-compliance with 22 NYCRR §202.5[d][2]
Civil cases
Page 5 | IX. Redaction Rules
Pre-Motion Conference Requirements
Counsel is encouraged, but not required, to seek a court conference before submitting discovery-related motions.
Prior to the submission of any motions on discovery-related matters, counsels are encouraged to first seek a conference with the Court to resolve discovery disputes.
Civil cases
Page 3 | IV. Motions — B. Discovery
Adjournment & Extension Requirements
Written stipulations to adjourn a motion's return date must be submitted to the court by email.
Stipulations to adjourn the return date of a motion must be made in writing and submitted to the Court via email.
Civil cases
Page 3 | IV. Motions — D. Adjournments: Stipulations and Requests
All motion and conference adjournment requests must be emailed to BxSupCiv-IA14@nycourts.gov with the adjournment type and index number in the subject line.
All requests for any adjournment, whether it be for a motion or a conference, shall be sent to the Court via e-mail (BxSupCiv-IA14@nycourts.gov) and identify the type of adjournment requested and index number in the subject line.
Civil cases
Page 3 | IV. Motions — D. Adjournments: Stipulations and Requests
The parties must obtain court leave for any further adjournment of a motion's return date.
The parties must seek leave from the Court to further adjourn the return date if necessary.
Civil cases
Page 3 | IV. Motions — D. Adjournments: Stipulations and Requests
Without prior court leave, no more than three stipulated adjournments may be submitted for a motion, and no stipulated adjournment may exceed 60 days.
A maximum of three (3) stipulated adjournments may be submitted for a given motion without prior leave of the Court, and no adjournment may exceed sixty (60) days.
Civil cases
Page 3 | IV. Motions — D. Adjournments: Stipulations and Requests
Chambers Communication Rules
The court must be contacted immediately about developments affecting a pending motion, and all other parties must be copied on the email.
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.
Civil cases
Page 4 | IV. Motions — F. Other Guidance on Motion Practice
All other parties in the case must be copied on any email sent to the Court.
Please make sure to copy all other parties in the case on any e-mail sent to the Court.
Civil cases
Page 2 | Compliance & Status Conferences
The Court may arrange additional vertical calendar conferences for qualifying cases, and requests should be sent by email to the Part 14 address.
Additional vertical calendars (“blockbuster” conferences) can be arranged with specific carriers and firms. If you have a case inventory that would benefit from a vertical calendar day, please advise the Court via email at BxSupCiv-IA14@nycourts.gov.
Civil cases
Page 2 | Pre-Trial and Settlement Conferences