Judge Matthew Parker-Raso
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Requests to Charge, Proposed Verdict Sheet
Motion
Court-wideOpposition, Reply
Court-wideProposed Order, Supporting Documents
Court-wide
Adjournments
- An adjournment request, with or without consent, must be made by NYSCEF letter at least 48 hours before the motion or conference and must state the date, relief or conference type, reason, consent status, and suggested new dates.
- Requests to extend the Note of Issue deadline should not be made lightly and must be communicated to the Court by letter filed via NYSCEF. Such letter shall be filed at least two (2) weeks prior to the set Note of Issue deadline. Any such request shall be supported by an affirmation setting forth (1) the reasons why discovery could not be completed by the current deadline; and (2) the shortest possible time needed to complete discovery.
Communication
Chambers
Chambers
Page & Word Limits1 rule
Parties shall abide by the word count limits set forth in 22 NYCRR § 202.8-b. The Court may permit over-length submissions upon letter application e-filed via NYSCEF.
Document Format Requirements1 rule
(6) Requests to Charge (with courtesy copy in word document format to chambers staff); (7) Proposed Verdict Sheets (with courtesy copy in word document format to chambers staff);
- File type
- Word
- Requests to charge
- Proposed verdict sheet
Document Filing Requirements13 rules
All correspondence must: (1) bear the full title and index number of the action and (2) set forth the request or relief sought from the Court.
Must include
- •Case number
The P.C. order form gives the parties 180 days to complete all depositions, but firm dates for all party depositions must be set by the parties within 30 days of the P.C., outside of court.
Discovery motions shall contain an affirmation of good-faith effort to resolve the dispute, pursuant to 22 NYCRR 202.7 (a) and (c) and 22 NYCRR 202.20-f (b).
The letter shall set forth: (1) the parties request for an expedited discovery conference; (2) the specific discovery issue(s) to be addressed at the expedited conference; and (3) the details of their good faith efforts to resolve the dispute prior to seeking Court intervention.
A Note of Issue ordinarily may be filed only after the specified conference and deadline have been given and after all parties e-file a signed discovery-complete stipulation through NYSCEF.
Court's wording
Note of Issue shall be filed after a preliminary, compliance or status conference has been held in Part 21 and the parties have been given a Note of Issue deadline date at such conference. Prior to filing a Note of Issue, the parties shall have e-filed a stipulation via NYSCEF indicating that discovery is complete. Said stipulation must be signed by all parties.
Within 24 hours of assignment to Part 21, trial counsel must e-file specified jury-trial materials, including contact information, motions in limine, witness and evidence lists, orders, requests to charge, proposed verdict sheets, and special requests.
Court's wording
Within 24 hours of case assignment to part 21, Trial Counsels must e-file via NYSCEF the following: (1) Business cards/contact information including emails and phone numbers; (2) written motions in limine; (3) Witness lists with availability (exchanged before jury selection); (4) List of proposed evidence (exchanged before opening statements); (5) Any relevant orders pertaining to the case; (6) Requests to Charge (with courtesy copy in word document format to chambers staff); (7) Proposed Verdict Sheets (with courtesy copy in word document format to chambers staff); (8) Any special requests (use of media equipment, technology, interpreters, other trial tools).
The non-Court-sponsored ADR notification must identify the ADR type, scheduled session dates, and any motions to be adjourned or held in abeyance.
Court's wording
Said letter must include the type of non- Court sponsored ADR being pursued, the date of the scheduled ADR session(s), and whether any motion(s) (filed and/or fully submitted) are sought to be adjourned or held in abeyance until the conclusion of the ADR.
At least one business day before the evidentiary hearing, trial counsel must e-file the listed summary-jury-trial materials through NYSCEF.
Court's wording
At least one (1) business day prior to the evidentiary hearing, trial counsel shall e-file the following via NYSCEF: (1) requests to charge, (2) proposed verdict sheets, (3) proposed evidentiary packet, (4) a witness list, (5) any prior court order that will affect the summary jury trial, and (6) a completed or partially completed proposed Evidentiary Stipulation/Order.
The parties should not complete the section in the form P.C. orders calling for a Compliance Conference date as this date will be supplied by the Court.
If all parties agree discovery is complete early, they may file a Note of Issue with a fully executed discovery-complete stipulation simultaneously; the next discovery conference becomes a pretrial conference, and the Note will not be vacated absent exigent circumstances established by written motion.
Court's wording
Additionally, if all parties agree that all discovery is complete before a Note of Issue deadline has been issued by the Court, and/or before a C.C. or status conference has been held, a Note of Issue may be filed provided the parties also file a fully executed stipulation indicating that all discovery is complete at the same time as the filing of the Note of Issue. If this occurs, the next discovery conference previously scheduled shall be treated as a Pre-Trial conference. Notes of Issue filed with such a stipulation shall not be vacated unless exigent circumstances are presented to the Court via written motion.
In the alternative, the Court may issue a status conference order directing that Note of Issue be filed without stipulation, and noting that all outstanding discovery has been waived, in the event parties have violated deadlines set forth in at least four (4) prior discovery orders.
Parties may request oral argument by including, “Oral Argument Requested” on the first page of the papers submitted.
- Document
- Motion papers
- Placement
- First page
Include
- •Oral Argument Requested
Parties should make motions in limine in writing and raise pretrial issues at the first conference after Part 21 assignment; failure may result in waiver.
Court's wording
To the extent possible, all motions in limine must be made in writing. Parties shall make the Court aware of any pre-trial issues, including motions in limine, upon the first conference after being assigned to Part 21, and said motions/issues may be deemed waived if the parties violate this rule.
Filing & Service rules
Electronic Filing Rules
To e-track a case, a party must file the appropriate appearance through NYSCEF.
Parties are reminded that to e-track their cases, they must file their appropriate appearances via NYSCEF.
Page 1 | GENERAL PART RULES
All documents in I.A. Part 21 must be filed electronically through NYSCEF.
I.A. Part 21 is an e-filing part and all documents shall be filed via NYSCEF.
Page 1 | GENERAL PART RULES
As soon as practicable, the parties must file a fully executed settlement, discontinuance, or withdrawal stipulation through the proper NYSCEF document category.
As soon as practicable, the parties shall file via NYSCEF, a fully executed stipulation of settlement, discontinuance, or withdrawal under the appropriate NYSCEF document category.
Page 2 | GENERAL PART RULES
A party may request a virtual appearance by e-filing a correspondence letter that states the reason for the request.
Parties may request a virtual appearance by e-filing a letter in accordance with rule 2 above, and said letter shall set forth the reason why the virtual appearance is requested.
Page 2 | RULES FOR APPEARANCES
A request for the court to so-order a subpoena must include an affidavit explaining the need and be uploaded through NYSCEF.
Requests for the Court to “so-order” a subpoena shall be supported by an affirmation explaining the need for the “so-order,” and shall be uploaded to NYSCEF.
Page 5 | SUBPOENAS
The letter must be filed at least two (2) weeks before the set Note of Issue deadline.
Such letter shall be filed at least two (2) weeks prior to the set Note of Issue deadline.
Page 5 | Requests to Extend Note of Issue Deadlines
A proposed order to show cause submitted for signature must be uploaded through NYSCEF.
Proposed Orders to Show Cause submitted for signature must be uploaded via NYSCEF.
Page 6 | MOTIONS
The listed Part 21 jury-trial submissions must be e-filed through NYSCEF within 24 hours after case assignment.
Within 24 hours of case assignment to part 21, Trial Counsels must e-file via NYSCEF the following:
Page 7 | JURY TRIALS
The specified summary-jury-trial filings must be submitted through NYSCEF no later than one business day before the evidentiary hearing.
At least one (1) business day prior to the evidentiary hearing, trial counsel shall e-file the following via NYSCEF: (1) requests to charge, (2) proposed verdict sheets, (3) proposed evidentiary packet, (4) a witness list, (5) any prior court order that will affect the summary jury trial, and (6) a completed or partially completed proposed Evidentiary Stipulation/Order.
Page 8 | JURY TRIALS
When the next conference is more than 45 days away, a party may request an expedited discovery conference by NYSCEF letter identifying the discovery issues and detailing earlier good-faith resolution efforts.
If the next scheduled conference is more than 45 days away, parties may request an expedited status conference by e-filing a letter via NYSCEF in accordance with rule 2 above. The letter shall set forth: (1) the parties request for an expedited discovery conference; (2) the specific discovery issue(s) to be addressed at the expedited conference; and (3) the details of their good faith efforts to resolve the dispute prior to seeking Court intervention.
Page 4 | Discovery Disputes
Parties pursuing non-Court-sponsored ADR must promptly notify the court by e-filing a letter through NYSCEF.
If the parties are proceeding with non-Court sponsored ADR, they shall advise the Court of same as soon as practicable, by e-filing a letter via NYSCEF.
Page 7 | Alternative Dispute Resolution (ADR)
Filing Timing and Cure Windows
A discovery motion must initially be made returnable in Motion Support Office, Room 217, at 9:30 a.m. on a weekday that is not a court holiday.
Discovery motions shall not be combined with requests for any other relief and shall initially be made returnable in the Motion Support Office, Room 217, on any non-court holiday weekday at 9:30 a.m.
Page 4 | Discovery Motions
Summary-judgment motions and cross-motions must be served and filed within 60 days after the Note of Issue is filed, unless the untimely movant shows good cause.
Motions and cross-motions for summary judgment shall be served and filed no later than 60 days after the filing of the Note of Issue (see CPLR 3212 [a]). Untimely motions and cross-motions for summary judgment shall not be entertained by the Court unless good cause is shown by the untimely movant/cross-movant.
Page 6 | MOTIONS
The required Part 21 jury-trial submissions are due within 24 hours of case assignment.
Within 24 hours of case assignment to part 21, Trial Counsels must e-file via NYSCEF the following: (1) Business cards/contact information including emails and phone numbers; (2) written motions in limine; (3) Witness lists with availability (exchanged before jury selection); (4) List of proposed evidence (exchanged before opening statements); (5) Any relevant orders pertaining to the case; (6) Requests to Charge (with courtesy copy in word document format to chambers staff); (7) Proposed Verdict Sheets (with courtesy copy in word document format to chambers staff); (8) Any special requests (use of media equipment, technology, interpreters, other trial tools).
Page 7 | JURY TRIALS
The listed summary-jury-trial materials are due at least one business day before the evidentiary hearing.
At least one (1) business day prior to the evidentiary hearing, trial counsel shall e-file the following via NYSCEF: (1) requests to charge, (2) proposed verdict sheets, (3) proposed evidentiary packet, (4) a witness list, (5) any prior court order that will affect the summary jury trial, and (6) a completed or partially completed proposed Evidentiary Stipulation/Order.
Page 8 | JURY TRIALS
Failure to properly file the settlement, discontinuance, or withdrawal documents will delay their processing.
Failure to properly file such documents will result in a delay of processing same.
Page 2 | GENERAL PART RULES
The non-Court-sponsored ADR notification must be submitted as soon as practicable.
If the parties are proceeding with non-Court sponsored ADR, they shall advise the Court of same as soon as practicable, by e-filing a letter via NYSCEF.
Page 7 | Alternative Dispute Resolution (ADR)
Courtesy Copy Requirements
Requests to charge and proposed verdict sheets must include courtesy copies in word-document format for chambers staff.
(6) Requests to Charge (with courtesy copy in word document format to chambers staff); (7) Proposed Verdict Sheets (with courtesy copy in word document format to chambers staff);
Page 7 | JURY TRIALS
The court generally does not require working copies of electronically filed documents, but it will notify parties by email if working copies are required.
The Court generally does not require working copies of documents filed electronically but will advise the parties via email if working copies of documents are required.
Page 1 | GENERAL PART RULES
Sealing & Redaction Procedures
Confidential personal information must be omitted or redacted from papers submitted to the court for filing.
Parties shall omit or redact confidential personal information in papers submitted to the Court for filing (see 22 NYCRR § 202.5[e][1]).
Page 2 | GENERAL PART RULES
Filing Bundling Requirements
A discovery motion must stand alone, may not include requests for other relief, and must initially be returnable in Motion Support Office, Room 217, on a non-court-holiday weekday at 9:30 a.m.
Discovery motions shall not be combined with requests for any other relief and shall initially be made returnable in the Motion Support Office, Room 217, on any non-court holiday weekday at 9:30 a.m.
Page 4 | Discovery Motions
Pre-Motion Conference Requirements
Each discovery action must include a preliminary conference and compliance conference, additional status conferences as needed, and the parties must consult before each such conference.
Every action shall have one preliminary conference (“P.C.”), one compliance conference (“C.C.”), and as many status conferences as are necessary, and parties shall consult prior to all preliminary, compliance, or status conferences, pursuant to 22 NYCRR 202.11.
Page 3 | Consultation Prior to Preliminary, Compliance & Status Conference
The parties must appear at a preliminary conference if the Part Clerk does not receive a completed proposed order at least two business days beforehand.
Appearances on all P.C.’s are required if a completed proposed P.C. Order is not received by the part clerk at least two (2) business days prior to the scheduled P.C.
Page 3 | Consultation Prior to Preliminary, Compliance & Status Conference
In-person appearances are mandatory at all compliance and status conferences.
In Person appearances at all Compliance Conferences and Status Conferences are mandatory.
Page 3 | Consultation Prior to Preliminary, Compliance & Status Conference
A timely completed proposed preliminary-conference order emailed to the Part Clerk with all parties copied relieves the parties from appearing unless the court directs otherwise.
If the parties submit a completed proposed P.C. order at least two (2) business days prior to the scheduled P.C. to the Part Clerk email address, copying all parties, then the parties need not appear for the scheduled P.C. unless the court otherwise directs.
Page 3 | Consultation Prior to Preliminary, Compliance & Status Conference
The court will schedule an in-person appearance for every compliant discovery motion, while a noncompliant discovery motion will be denied without prejudice.
The Court will schedule an in-person appearance on ALL discovery motions made in compliance with these rules. Discovery motions that do not strictly comply with the foregoing will result in the denial of the motion without prejudice, pursuant to 22 NYCRR 202.20-f (c).
Page 4 | Discovery Motions
The parties may not file a discovery motion prior to following the above steps and conferencing with the Court.
The parties may not file a discovery motion prior to following the above steps and conferencing with the Court.
Page 4 | Discovery Motions
Parties may file a discovery motion without leave of court, although the practice is highly discouraged.
While highly discouraged, pursuant to 22 NYCRR 202.20-f (a), parties do not need leave of court to make a discovery motion.
Page 4 | Discovery Motions
Adjournment & Extension Requirements
A hearing or trial adjournment request is not permitted except as provided in 22 NYCRR § 125.1 concerning the engagement of counsel.
A request for an adjournment of a hearing or trial is not permitted except as provided for in 22 NYCRR § 125.1 (“Engagement of Counsel”).
Page 2 | RULES FOR APPEARANCES
A party may request an initial conference or a conference adjournment by filing a letter that follows the standing order's correspondence requirements.
Parties may request an initial conference or an adjournment of a conference by filing a letter in accordance with rule 2 above.
Page 2 | RULES FOR APPEARANCES
A submitted motion will not be adjourned without good cause, and the court may require an in-person appearance at its discretion for the request.
There shall no adjournments of motions that have already been submitted, without good cause being shown. Any request for an adjournment of a motion that has already been submitted may require an in-person appearance before the Court, to be scheduled in and at the Court’s discretion.
Page 3 | Adjournments of Motions or Conferences
A discovery-deadline extension must be requested by letter as soon as practicable and before the deadline expires.
Applications for the extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline (22 NYCRR § 202.20-e), via letter in accordance with rule 2 above.
Page 3 | Adherence with Discovery Schedules
An adjournment request, with or without consent, must be made by NYSCEF letter at least 48 hours before the motion or conference and must state the date, relief or conference type, reason, consent status, and suggested new dates.
If the parties seek to adjourn any motion or conference with or without consent, a letter shall be e-filed with the court via NYSCEF, in accordance with rule 2 above. The letter seeking the adjournment shall be e-filed at least Forty- Eight (48) hours prior to the motion/conference date. The letter shall set forth: (1) the conference/motion date; (2) the type of conference/relief requested in the motion sought to be adjourned; (3) the reason for the requested adjournment; (4) whether the request is made on consent of all parties; and (5) suggested adjourned dates.
Page 3 | Adjournments of Motions or Conferences
Requests to extend the Note of Issue deadline should not be made lightly and must be communicated to the Court by letter filed via NYSCEF. Such letter shall be filed at least two (2) weeks prior to the set Note of Issue deadline. Any such request shall be supported by an affirmation setting forth (1) the reasons why discovery could not be completed by the current deadline; and (2) the shortest possible time needed to complete discovery.
Requests to extend the Note of Issue deadline should not be made lightly and must be communicated to the Court by letter filed via NYSCEF. Such letter shall be filed at least two (2) weeks prior to the set Note of Issue deadline. Any such request shall be supported by an affirmation setting forth (1) the reasons why discovery could not be completed by the current deadline; and (2) the shortest possible time needed to complete discovery.
Page 5 | Requests to Extend Note of Issue Deadlines
An initial request to adjourn a Part 21 jury trial must first be made to the TAP judge, and any renewed request will be referred to TAP.
Any application for an initial adjournment of a Jury Trial assigned to Part 21 shall have been first made to the TAP Judge and any renewal of such applications will be referred to TAP.
Page 8 | JURY TRIALS
Chambers Communication Rules
Any ex-parte communication with chambers, including from paralegals or assistants, is strictly prohibited, and will not be responded to.
Any ex-parte communication with chambers, including from paralegals or assistants, is strictly prohibited, and will not be responded to.
Page 1 | GENERAL PART RULES
A self-represented party must contact the Bronx County Clerk's Office in room 118.
If a party is self-represented, they must contact the Bronx County Clerk’s Office in room 118.
Page 1 | GENERAL PART RULES
Unless the standing order provides otherwise, all communications with the court must be filed through NYSCEF using the letter/correspondence-to-judge option.
Unless otherwise permitted by these rules, ALL communications with the Court shall be made by written letter filed via NYSCEF under the “letter/correspondence to judge” option.
Page 1 | GENERAL PART RULES
Parties must not telephone chambers or the part to request a virtual appearance.
Parties shall NOT call chambers or the part to request a virtual appearance.
Page 2 | RULES FOR APPEARANCES
Parties must not telephone chambers or the part to schedule an appearance or request an appearance adjournment.
Parties may NOT call chambers or the part to schedule or request an adjournment of an appearance.
Page 2 | RULES FOR APPEARANCES
A request for a language interpreter must be emailed to the Part Clerk as soon as the need is known and no later than ten calendar days before the relevant appearance.
Requests for a language interpreter should be directed to the Part Clerk via email as soon as known, but not less than ten (10) calendar days before the appearance requiring interpreter services.
Page 2 | GENERAL PART RULES
Counsel must immediately notify the court through a NYSCEF-filed letter whenever an action or motion is settled, discontinued, disposed of, resolved, or withdrawn.
If an action or motion is settled, discontinued, disposed, resolved or withdrawn in any manner, counsel must immediately inform the Court by letter filed via NYSCEF.
Page 2 | GENERAL PART RULES
Parties must not call chambers or the part clerk to request an expedited status conference.
Parties shall NOT call chambers or the part to request an expedited status conference.
Page 4 | Discovery Disputes
Parties must not copy the court, the part, or chambers staff on communications between the parties unless the court expressly directs otherwise.
Parties shall not copy the Court, the part, or chambers staff on written communications between themselves, unless explicitly directed by the Court.
Page 1 | GENERAL PART RULES
Telephone calls and emails to chambers are permitted only when specifically authorized by the standing order.
Telephone calls and emails to chambers are only permitted as specifically set forth herein.
Page 1 | GENERAL PART RULES
Proposed preliminary-conference orders should not be sent by email to the judge's law clerks.
Said proposed P.C. orders should not be emailed to the judge’s law clerks.
Page 3 | Consultation Prior to Preliminary, Compliance & Status Conference
The court decides whether to grant oral argument, and parties may not contact chambers or the court part to ask whether an oral-argument request has been granted or will be granted.
The Court, in its sole discretion, will determine whether to grant such request for oral argument. If the parties are not affirmatively advised by the Court that oral argument has been scheduled, then the application for oral argument has been denied. Parties shall not contact Chambers or the Part to inquire as to whether a request for oral argument on a motion has or will be granted.
Page 5 | MOTIONS