Judge Emilio Colaiacovo
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion Papers
- Two Weeks Prior to Oral Argument
Communication
Chambers
Page & Word Limits2 rules
Affidavits or Affirmations shall not exceed the 7,000 word limitation, unless prior approval from the Court is granted.
- Affidavits or affirmations
- Up to 7,000 words
- Affidavits
- Affirmations
Exception
More words with leave of court
A brief summary (no more than a page) of the case is required one week prior to the initial conference.
- Case summary
- Up to 1 page
Document Format Requirements3 rules
Motion papers and submitted orders must not be double sided.
Marked pleadings and papers for motions in limine
- Motions in limine
Formatting
- •Marked pleadings and papers
Formal requests to charge and proposed verdict sheets must be submitted one week prior to jury selection in Microsoft Word format to the Law Clerk.
- File type
- Word
- Requests to charge
- Proposed verdict sheets
Document Filing Requirements2 rules
A transcript of the Court’s decision, where applicable, must be attached to the proposed Order.
The submitted order must indicate that it was sent to all opposing counsel or pro se litigants and that no objection was received.
Court's wording
Orders must be submitted by the prevailing party within thirty (30) days from decision date with indication that the Order has been sent out to all opposing counsel or pro se litigant and that no objection has been received.
Filing & Service rules
Filing Timing and Cure Windows
Answering papers and cross-motions must be received when counsel is served and at least seven days before the return date unless the Court approves otherwise.
Answering papers and/or cross-motions must be received at the same time counsel is served pursuant to the applicable provisions of the CPLR, but no less than seven (7) days prior to the return date unless approved by the Court.
Civil cases
Page 1 | Special Term
Formal requests to charge and proposed verdict sheets must be submitted to the Law Clerk one week before jury selection in Microsoft Word format.
Formal requests to charge and proposed verdict sheets must be submitted one week prior to jury selection in Microsoft Word format to the Law Clerk.
Civil cases
Page 2 | Trials and Hearings: Commercial/Medical Malpractice
Marked pleadings and papers for motions in limine must be submitted at least two days before trial begins.
Marked pleadings and papers for motions in limine must be submitted at least two [2] days prior to start of trial.
Civil cases
Page 2 | Trials and Hearings: Commercial/Medical Malpractice
The prevailing party must submit the order within 30 days of the decision and state that it was sent to all opposing counsel or pro se litigants without objection.
Orders must be submitted by the prevailing party within thirty (30) days from decision date with indication that the Order has been sent out to all opposing counsel or pro se litigant and that no objection has been received.
Civil cases
Page 3 | Orders
The Court will adjourn motions when the supporting papers are not timely filed.
Motions will be adjourned by the Court if papers are not timely filed.
Civil cases
Page 1 | Special Term
If no objections are received after ten days, the order will be signed without further delay.
If no objections are received after ten (10) days, the Order will be signed without further delay.
Civil cases
Page 3 | Orders
The court will not sign an order unless opposing counsel has had at least seven days to review it.
Orders will not be signed unless opposing counsel has had an opportunity to review for at least seven (7) days.
Civil cases
Page 3 | Orders
Service and Proof of Service Rules
Reply papers must be served at least four dates before the return date unless the Court approves otherwise.
Reply papers must be served no less than four (4) dates prior to the return date unless approved by the Court.
Civil cases
Page 1 | Special Term
Each party must provide a written settlement proposal to the other party at least two weeks before the initial appearance.
Each party must submit a settlement proposal to the other party in writing no less than two weeks before the initial appearance.
Civil cases
Page 2 | Matrimonial Conferences
A temporary restraining order must be served or otherwise placed on notice to opposing counsel when that counsel is known.
TROs must be on notice to opposing counsel if known.
Civil cases
Page 3 | Temporary Restraining Orders (TRO)
Courtesy Copy Requirements
Counsel must provide chambers with a hard copy of all motion papers two weeks before oral argument.
Counsel is to provide chambers a hard copy of all motion papers two weeks prior to oral argument.
Civil cases
Page 1 | Special Term
Adjournment & Extension Requirements
Trial adjournments require compelling circumstances and may be granted only by the Judge or staff during a pretrial conference addressing the issue.
The Court adheres strictly to its trial calendar; adjournments of a trial require a showing of compelling circumstances. No adjournments of trial will be granted other than by the Judge or his staff during a pretrial conference convened to address that issue.
Civil cases
Page 2 | Trials and Hearings: Commercial/Medical Malpractice
Adjournments require party consent and Court approval and may be requested by contacting the Court Secretary or Law Clerk.
Adjournments will be granted with consent of the parties, subject to the Court’s approval, by contacting the Court Secretary or Law Clerk.
Civil cases
Page 2 | Matrimonial Conferences
Chambers Communication Rules
The Court will use email to schedule conferences and conduct other general correspondence as often as possible.
The Court will use e-mail to schedule conferences and for other general correspondence as often as possible.
Civil cases
Page 1 | Special Term
Counsel should provide the Court with an email address to facilitate communication.
Counsel should forward the Court an e-mail address to facilitate communication.
Civil cases
Page 1 | Special Term