Judge Shawn T. Kelly
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Request to So Order Subpoena
- Email • Upon Filing
Motion
Court-wideOpposition, Reply
Court-wideProposed Order, Supporting Documents
Court-wide
Adjournments
- CSO deadline extensions must be requested at a compliance conference and will be granted only for good cause.
- Motions pending in the Submissions Part are governed by that part’s rules for adjournments, scheduling, and withdrawals.
- An adjournment request may be submitted by email to all parties and must state the reason and whether all parties consent; approval results in a new date and further instructions.
- +3 more
Request must include
- A note-of-issue deadline extension request must be sent by NYSCEF letter and emailed to the Part Clerk at least two weeks before the deadline, with an affidavit explaining the reasons and the shortest additional discovery period needed.
Communication
Phone
Clerk
Chambers
Document Format Requirements1 rule
It is the parties responsibility to confirm that any exhibits that they have e-filed are complete prior to the motion submission date. Motions may be denied for failure to attach complete exhibits.
- All motions
Formatting
- •E-filed exhibits must be complete before the motion submission date
Document Filing Requirements6 rules
It is the parties’ responsibility to file their Notice of Appearance and to confirm that their current email address is listed on NYSCEF. (22 NYCRR §202.5-b[f][2][I]).
Counsel attending a preliminary or compliance conference must bring the Bill of Particulars, any previous orders, and a list of outstanding discovery demands.
Court's wording
Counsel attending the Preliminary or Compliance Conference must be fully familiar with the case, the status of discovery, and any settlement negotiations. Counsel must bring Bill of Particulars, previous orders (if any), and a list of outstanding discovery demands
The parties must jointly email Chambers the Part’s standard completed Compliance Conference Form at least twenty-four hours before the conference.
Court's wording
At least twenty-four hours prior to the Compliance Conference, the parties must jointly submit a completed Compliance Conference Form to Chambers by email. The parties must use this Part’s standard form Compliance Conference Form, which is available on the Bronx County Supreme Court’s webpage.
A request to so-order a subpoena must be supported by an affidavit explaining why an order is needed.
Court's wording
Requests for the Court to so-order a subpoena shall be supported by an affirmation explaining the need for an order and shall be uploaded to NYSCEF with a courtesy copy emailed to the Part Clerk and Chambers.
Counsel’s affirmation in support must include the note of issue filing date.
All motions are on submission unless otherwise advised by the Court. Parties may request oral argument by stating “Oral Argument Requested” on the first page of the papers submitted and emailing the Part Clerk to request a date for argument. The Court will determine whether to grant such requests.
- Document
- Motion papers
Include
- •Oral Argument Requested
Filing & Service rules
Electronic Filing Rules
All documents in Part 24 must be electronically filed through NYSCEF.
Part 24 is an e-filing part. Accordingly, all documents shall be e-filed via NYSCEF.
Page 1 | GENERAL
A note-of-issue extension request must be both filed through NYSCEF and emailed to the Part Clerk.
Requests to extend the note of issue deadline should not be lightly made and must be communicated to the Court by letter filed via NYSCEF and emailed to the Part Clerk at least two (2) weeks prior to the deadline.
Page 3 | COMPLIANCE CONFERENCE
Part 24 is an electronic-filing part governed by the available New York Courts e-filing rules.
Part 24 is an e-filing part. E filing rules are available here: E-Filing | New York Courts
Page 4 | MOTION PRACTICE
Filing Timing and Cure Windows
Every summary judgment motion must be filed within 60 days after the note of issue is filed.
All summary judgment motions must be made within sixty (60) days of filing the note of issue.
Page 5 | SUMMARY JUDGMENT MOTIONS
Courtesy Copy Requirements
A request to so-order a subpoena must include an affidavit explaining the need for the order, be uploaded to NYSCEF, and have a courtesy copy emailed to the Part Clerk and Chambers.
Requests for the Court to so-order a subpoena shall be supported by an affirmation explaining the need for an order and shall be uploaded to NYSCEF with a courtesy copy emailed to the Part Clerk and Chambers.
Page 4 | SUBPOENAS
Part 24 may request courtesy copies of electronically filed documents, but parties must not provide them unless asked.
Part 24 may ask the parties to provide courtesy copies of documents filed electronically pursuant to 22 NYCRR §202.5-b(5). Do not provide courtesy copies unless asked to.
Page 1 | GENERAL
Sealing & Redaction Procedures
Confidential personal information must be omitted or redacted from papers submitted for filing.
The parties shall omit or redact confidential personal information in papers submitted to the Court for filing (see 22 NYCRR §202.5[e][1]).
Page 1 | GENERAL
Pre-Motion Conference Requirements
A party must file an RJI for a motion under CPLR §3211 and may file an RJI after service of process to request a preliminary conference.
A party must file an RJI, for any motion filed pursuant to CPLR §3211 or a party may file an RJI at any time after service of process to request a Preliminary Conference.
Page 2 | REQUEST FOR JUDICIAL INTERVENTION (RJI)
Before a preliminary or compliance conference, all counsel must consult and make a good-faith effort to agree about case resolution, discovery and conference issues, possible ADR, and voluntary exchanges that could promote early settlement.
In compliance with 22 NYCRR §202.23, counsel for all parties shall consult prior to a preliminary or compliance conference about: Resolution of the case, in whole or in part. Discovery and other issues to be discussed at the conference. Use of alternative dispute resolutions (ADR) to resolve all or some of the issues Any voluntary exchange that could assist in early settlement of the case. Counsel must make a good faith effort to reach agreement on these matters prior to the conference.
Page 2 | REQUEST FOR JUDICIAL INTERVENTION (RJI)
After an RJI, the Court will generate and upload a Case Scheduling Order within 45 days instead of holding a preliminary conference.
Upon receipt of an RJI made pursuant to 22 NYCRR §202.12(a), a Case Scheduling Order (“CSO”) will be automatically generated within 45 days and uploaded to NYSCEF in lieu of holding a conference.
Page 3 | PRELIMINARY CONFERENCE
Before seeking judicial intervention over discovery, the parties must confer in person or by telephone in good faith; letters and emails alone do not suffice, and an unresolved dispute must be described in a conference-request letter emailed to Chambers.
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. Note that letters and emails DO NOT constitute good faith efforts and parties must confer in person or telephonically. If a dispute cannot be resolved after such good faith effort, the party seeking judicial intervention must submit a letter requesting a conference and advising the Court of the nature of the dispute and the efforts made to resolve it. The request must be submitted to chambers by email.
Page 3 | DISCOVERY DISPUTES
Adjournment & Extension Requirements
An adjournment request may be submitted by email to all parties and must state the reason and whether all parties consent; approval results in a new date and further instructions.
A request may be made by email with a copy to all parties. All adjournment requests must provide a reason for the request and indicate whether consent has been obtained from all parties. If approved, you will receive a new date and further instructions, such as submitting a stipulation.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Every adjournment request requires advance approval; without approval, a stipulation will not be accepted and a failure to appear may be treated as a default.
All requests for adjournment must be approved in advance. Without prior approval, a stipulation will not be accepted and any failure to appear will be considered a default.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Outside emergency situations, an adjournment application made less than 48 hours before a scheduled appearance may result in a default for non-appearance.
Except for emergency situations, if the application is made less than 48 hours before the scheduled appearances you may be defaulted for non-appearance.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
A note-of-issue deadline extension request must be sent by NYSCEF letter and emailed to the Part Clerk at least two weeks before the deadline, with an affidavit explaining the reasons and the shortest additional discovery period needed.
Requests to extend the note of issue deadline should not be lightly made and must be communicated to the Court by letter filed via NYSCEF and emailed to the Part Clerk at least two (2) weeks prior to the deadline. Any such request shall be supported by an affirmation setting forth the reasons why discovery could not be completed by the current deadline, and the shortest possible time needed to complete discovery.
Page 3 | COMPLIANCE CONFERENCE
CSO deadline extensions must be requested at a compliance conference and will be granted only for good cause.
Extensions of deadlines set forth by CSO must be requested at a compliance conference and will only be granted upon a showing of good cause.
Page 3 | PRELIMINARY CONFERENCE
An order to show cause may not be adjourned unless an emergency exists.
Absent an emergency, orders to show cause may not be adjourned.
Page 5 | GENERAL
Motions pending in the Submissions Part are governed by that part’s rules for adjournments, scheduling, and withdrawals.
For all motions pending in the Submissions Part (Room 217), follow that part’s rules regarding adjournments, scheduling, and withdrawals.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Chambers Communication Rules
When a motion is withdrawn or a case is settled or discontinued, counsel must immediately notify the Part Clerk and email a stipulation executed by all affected parties.
If a motion has been withdrawn or the case has been settled or otherwise discontinued, please notify the Part Clerk immediately and email a stipulation executed by all affected parties.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Chambers must receive the parties’ joint Compliance Conference Form by email at least twenty-four hours before the conference.
At least twenty-four hours prior to the Compliance Conference, the parties must jointly submit a completed Compliance Conference Form to Chambers by email.
Page 3 | COMPLIANCE CONFERENCE
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
Justice Kelly, the law clerks, and the Part Clerk will not engage in ex parte communications, and party communications must not include the Court unless the Court directs otherwise.
Counsel and litigants (represented or self-represented) are advised that Justice Kelly, his Law Clerks, and Part Clerk will not engage in any ex parte communications. Any communications between the parties shall not include the Court unless directed to by the Court.
Page 1 | GENERAL
Ex parte communications with the Part Clerk or Chambers are prohibited.
NO ex parte communications.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Every email to the Part Clerk or Chambers must include the case name and index number in the subject line.
ALL emails to the Part Clerk or to Chambers must list the case name and index number in the subject line.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Parties must not call the Part Clerk or Chambers for status updates or to ask whether a decision has issued.
DO NOT call the Part Clerk or Chambers for a status update or to ask whether a decision has been issued.
Page 2 | COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Questions about electronically filing proposed orders to show cause should be directed to the Ex Parte Office at 646-386-3125.
Any questions regarding the procedure for e-filing proposed orders to show cause should be directed to the Ex Parte Office at 646-386-3125.
Page 4 | ORDERS TO SHOW CAUSE
A party may email the Part Clerk to request an oral-argument date after marking the first page of its papers “Oral Argument Requested.”
Parties may request oral argument by stating “Oral Argument Requested” on the first page of the papers submitted and emailing the Part Clerk to request a date for argument.
Page 4 | MOTION PRACTICE