Judge Paul Alpert
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- Not required
Subpoena
Motion
Court-wideOpposition, Reply
Court-wide
Adjournments
- The Court will adjourn a motion for no more than 60 days at a time, regardless of a longer agreed-upon date.
- After the first 60 days, parties may stipulate to another 60-day adjournment, up to 3 adjournments; further adjournments require leave from the Court to further adjourn the return date if necessary.
- A party unable to obtain a consented adjournment must submit a written request explaining its efforts, serve all parties, and obtain final court approval.
- +1 more
Request must include
Communication
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 oversized submissions upon oral or letter application on notice to all parties.
Document Format Requirements1 rule
Video exhibits cannot be uploaded to NYSCEF. They must be sent by mail to Part 26, on a clearly labeled USB Drive which contains the Index number, motion sequence and exhibit letter/number.
Document Filing Requirements16 rules
All parties are required to fill out a preliminary conference form and submit it on the return date.
If all parties agree that discovery is complete, the parties shall e-file and email a stipulation to BxSupCiv-IA26@nycourts.gov on or before the scheduled Status/Compliance Conference date. The stipulation must certify that all discovery is complete and provide for the filing of the Note of Issue.
If the parties cannot agree on the outstanding discovery issues despite good faith efforts to resolve dispute without Court Intervention, the parties shall e-file and email a request for a compliance conference to BxSupCiv-IA26@nycourts.gov. Include the case name, index number, and a brief description of the issue.
The Court will not entertain pre-trial and settlement conferences unless all discovery is complete.
After the Note of Issue has been filed, parties must submit a request to schedule a pre-trial and/or settlement conference.
Motions for summary judgment shall include a statement of the material facts as to which the moving party contends there is no genuine issue to be tried, as set forth in 22 NYCRR 202.8-g (a)-(b).
- Document
- Summary judgment motion
Must include
- •Statement of facts
Movant’s attorney shall submit a letter or stipulation to NYSCEF or to chambers, indicating (a) when the motion was marked submitted and (b) that the motion is withdrawn.
Upon the settlement or discontinuance of a matter after a motion has been submitted, the parties shall advise the court in writing of the settlement/discontinuance, the date upon which the motion was submitted, and whether the motion is being withdrawn.
Discovery motions shall be supported by an affidavit or affirmation from counsel, as set forth in 22 NYCRR 202.20-f and require permission from the Court.
All motions to reargue and renew must include all papers submitted with the original motion and a copy of the court’s decision. Failure to comply with this may result in the denial of the motion without prejudice.
On the first day of trial both parties shall provide the Part Clerk with the following: (a) two business cards; (b) copies of the pleadings; (c) any relevant orders.
Where appropriate the movant shall submit a proposed Order to expedite relief.
A proposed order or judgment shall be submitted with the motion pursuant to 22 NYCRR § 202.8-a.
- Document
- Motion
Must include
- •Proposed order
If a Pattern Jury Instruction is being modified, then you must include the modified language as part of the proposed jury charge.
In NYSCEF, a placeholder exhibit should be created indicating that a hard copy of the video was sent along with an affidavit of service of the video to opposing counsel.
Please discuss with your clients before the scheduled hearing which bank they would like to use for the deposit of funds and include the name and address of the bank in the order.
Filing & Service rules
Electronic Filing Rules
Proposed orders must be electronically filed on NYSCEF.
Proposed Orders shall be e-filed on NYSCEF.
Civil cases
Page 5 | Orders to Show Cause
Subpoenas submitted for so-ordering must be uploaded to NYSCEF, with a courtesy copy emailed to the court; the part does not accept courtroom drop-offs.
All subpoenas that parties are requesting to be So-Ordered shall be uploaded to NYSCEF, with a courtesy copy being emailed to BxSupCiv-IA26@nycourts.gov . The part does not accept any subpoenas dropped off in the courtroom.
Civil cases
Page 6 | Subpoenas
Filing Timing and Cure Windows
Summary-judgment motions are due within 120 days after the Note of Issue is filed, with untimely motions considered only upon a detailed showing of good cause and lack of prejudice.
Summary Judgment motions must be filed within one hundred and twenty (120) days after the filing of the Note of Issue. 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 | Summary Judgment
Proposed jury instructions must be submitted by the close of the plaintiff’s case.
Proposed Jury Instructions are to be submitted by the close of the plaintiff’s case.
Civil cases
Page 6 | Trials
Courtesy Copy Requirements
For each subpoena submitted for so-ordering, one courtesy copy must be emailed to BxSupCiv-IA26@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-IA26@nycourts.gov .
Civil cases
Page 6 | Subpoenas
Courtesy copies of filed motions should not be sent to the motion part.
Do not send courtesy copies to the part of motions filed.
Civil cases
Page 5 | Other Guidance on Motion Practice
Pre-Motion Conference Requirements
Discovery motions are highly discouraged and require court permission; counsel must make good-faith efforts to resolve disputes and seek a court conference before filing a discovery motion.
Discovery Motions are highly discouraged and require the Court’s permission to file. Pursuant to 22 NYCRR 202.20-f, discovery disputes should be resolved through informal procedures, such as conferences, to the maximum extent possible. Prior to the submission of any motions on discovery-related matters, counsels must first seek a conference with the Court to resolve discovery disputes. Prior to seeking a conference with the Court, parties must make good faith efforts to resolve disputes without Court intervention.
Civil cases
Page 4 | Discovery Motions
Every discovery motion requires oral argument.
All discovery motions shall require oral argument.
Civil cases
Page 4 | Discovery Motions
Motions are ordinarily decided on submission unless the court schedules oral argument or a conference.
All 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.
Civil cases
Page 5 | Other Guidance on Motion Practice
A party may request oral argument by submitting a letter with the motion papers and emailing the request to the court at the stated address.
Any party may request oral argument of a motion by letter accompanying the motion papers, pursuant to 22 NYCRR § 202.8-f (b) and also email at BxSupCiv-IA26@nycourts.gov.
Civil cases
Page 5 | Other Guidance on Motion Practice
Adjournment & Extension Requirements
Written stipulated motion-return-date adjournments must be submitted by email and NYSCEF; absent prior court permission, no more than three 60-day adjournments totaling 180 days may be submitted.
Stipulations to adjourn the return date of a motion must be made in writing and submitted to the Court via email at BxSupCiv-IA26@nycourts.gov and via NYSCEF. No more than three stipulated adjournments, for a period of 60 days each, for a total of 180 days, shall be submitted without prior permission of the Court.
Civil cases
Page 4 | Adjournment Stipulations and Requests
A party unable to obtain a consented adjournment must submit a written request explaining its efforts, serve all parties, and obtain final court approval.
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. All adjournments are subject to the final approval of the court.
Civil cases
Page 5 | MOTIONS
After the first 60 days, parties may stipulate to another 60-day adjournment, up to 3 adjournments; further adjournments require leave from the Court to further adjourn the return date if necessary.
Upon expiration of the first 60 days, parties may stipulate to another 60-day adjournment, up to 3 adjournments. For any further adjournments, the parties must seek leave from the Court to further adjourn the return date if necessary.
Civil cases
Page 5 | MOTIONS
The Court will adjourn a motion for no more than 60 days at a time, regardless of a longer agreed-upon date.
Regardless of the agreed upon adjourn date on the parties stipulation or request, the Court will only adjourn motions for a period of 60 days at a time.
Civil cases
Page 5 | MOTIONS
Chambers Communication Rules
Parties must email a request to be heard on discovery disputes to the court by the Status/Compliance Conference date.
In order to hold a conference, parties must submit a request to be heard on discovery disputes to BxSupCiv-IA26@nycourts.gov.
Civil cases
Page 2 | DISCOVERY CONFERENCES
After conferring, parties must email a settlement-conference request to the stated address with the case name, index number, attorney names and phone numbers, and applicable defendant insurance-policy limits.
Parties shall confer with one another, and email a request to BxSupCiv-IA26@nycourts.gov. In the request, please include the case name, index number, the names and contact phone number for the attorneys. *In addition, please disclose the insurance policy limits for the defendant(s), where applicable.
Civil cases
Page 3 | Settlement Conferences
Parties must immediately notify the court of developments affecting a pending motion and copy all other case parties on any email to the court.
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 email sent to the court.
Civil cases
Page 5 | Other Guidance on Motion Practice
Requests for EBT rulings must be presented to the assigned ex parte judge rather than Part 26.
Requests for EBT rulings must be made before the assigned ex-parte judge and not Part 26.
Civil cases
Page 2 | DISCOVERY CONFERENCES
Part 26 settlement conferences are conducted in person.
Part 26 conducts its settlement conferences in person. Please adhere to the following guidelines to request a settlement conference:
Civil cases
Page 3 | Settlement Conferences
All parties must be copied on any email communication to the Court.
Make sure that all parties are included on any e-mail communication to the Court.
Civil cases
Page 3 | Settlement Conferences