Judge J. David Sampson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Communication
Clerk
Page & Word Limits1 rule
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 Filing Requirements7 rules
Affidavits of good faith are required with all discovery motions.
All orders (except Orders to Show Cause) are to be approved by all attorneys/parties prior to submission to the Court for signature, with notice to the Court of such approval.
A settlement for available insurance coverage in an excess-policy-limit case requires preparation of three specified insurance-coverage affidavits.
Court's wording
If a case with a value in excess of the policy limits is being settled for the available insurance coverage, be prepared to submit the following: an affidavit from the insured detailing their knowledge of insurance coverage; an affidavit from counsel offering policy limits detailing their activities in ascertaining the existence of all available insurance coverage; and an affidavit from a principal with the insurance company swearing that they have no knowledge of any other available insurance coverage.
Trial counsel are required to attend the final pretrial conference.
Requests for TROs on cases assigned to another Judge will be considered only upon prior approval of the IAS Judge or his/her Law Clerk.
A brief summary (no more than a page) of the case is required one week prior to the initial conference.
Counsel must bring their calendars to all conferences to determine applicable dates for the scheduling order and trial availability.
Filing & Service rules
Electronic Filing Rules
Correspondence must not be filed on NYSCEF because the Court will not consider it.
The Court will not accept, receive notice of or review correspondence that is filed on NYSCEF.
Civil cases
Page 1 | CORRESPONDENCE
Motions, cross-motions, opposing papers, and replies must be electronically filed on NYSCEF.
All motions, cross-motions, opposing papers and replies are to be e-filed on NYSCEF.
Civil cases
Page 1 | MOTIONS
Motion papers may not be filed by fax.
No motion papers may be faxed.
Civil cases
Page 1 | MOTIONS
Filing Timing and Cure Windows
Reply papers must be e-filed at least two days before the return date.
Reply papers must be e-filed by no later than two (2) days prior to the return date.
Civil cases
Page 1 | MOTIONS
All motion papers must be e-filed at least ten days before the return date.
All motion papers must be e-filed at least ten (10) days prior to the return date.
Civil cases
Page 1 | MOTIONS
Any oral-argument request must be submitted to the Court at least three business days before the return date.
Any such request must be made to the Court at least three (3) business days in advance of the return date.
Civil cases
Page 1 | MOTIONS
Answering papers and cross-motions must be received at least three days before the return date.
Answering papers and/or cross-motions must be received no later than at least three (3) days prior to the return date.
Civil cases
Page 1 | MOTIONS
Unless the trial order states otherwise, the listed jury-order materials must be submitted two weeks before jury selection or trial, with requests to charge and proposed verdict sheets in Microsoft Word.
Generally, the trial order will state that marked pleadings, requests to charge (in Microsoft Word), proposed verdict sheets (in Microsoft Word), motions in limine and a proposed paragraph statement of the case to be submitted with the jury order are required two (2) weeks prior to jury selection or trial.
Civil cases
Page 2 | TRIALS AND REFERENCES
All motions in limine must be made returnable no later than one week before jury selection.
All motions in limine shall be made returnable no later than one (1) week prior to jury selection.
Civil cases
Page 2 | TRIALS AND REFERENCES
The Court will hold a preliminary conference within forty-five days after receiving a filed RJI.
Pursuant to 22 NYCRR 202.12 (b), a preliminary conference will be held within forty-five (45) days of the Court’s receipt of a filed RJI.
Civil cases
Page 2 | CONFERENCES
Unless the Court reserves decision, the moving party must submit the order within twenty-one days.
Where the Court has not reserved decision, orders are to be submitted within twenty-one (21) days by the party who brought the motion.
Civil cases
Page 2 | ORDERS
Service and Proof of Service Rules
Unless the trial order provides otherwise, plaintiff expert disclosures must be served at least sixty days before trial and defendant expert disclosures at least thirty days before trial.
Unless the trial order states otherwise, Plaintiff expert witness disclosures are to be served no later than sixty (60) days prior to trial and defendant expert witness disclosures are to be served no later than thirty (30) days prior to the trial.
Civil cases
Page 2 | TRIALS AND REFERENCES
The Court will not sign an order without proof that it was submitted to opposing counsel or a pro se party for review and without a reasonable review period.
Orders will not be signed without proof of submission to opposing counsel or pro se party to review and a reasonable time period for review.
Civil cases
Page 2 | ORDERS
Courtesy Copy Requirements
A working copy of e-filed motion papers is not required.
The Court does not require a working copy of e-filed motion papers.
Civil cases
Page 1 | MOTIONS
Pre-Motion Conference Requirements
Counsel must meet and confer in good faith on every discovery motion and attempt to resolve discovery disputes before motion practice.
Pursuant to 22 NYCRR 202.20-f (b), counsel shall meet and confer with one another on all discovery motions in a good faith effort to resolve discovery disputes before motion practice.
Civil cases
Page 1 | MOTIONS
All motions will ordinarily be decided on the submitted papers.
Pursuant to 22 NYCRR 202.8-f, all motions will be decided on submission.
Civil cases
Page 1 | MOTIONS
A party may request oral argument before the return date, but the Court will decide each request case by case.
Oral argument may be requested in advance of the return date and will be determined by the Court on a case-by-case.
Civil cases
Page 1 | MOTIONS
If all parties agree, counsel may request in-person or Microsoft Teams oral argument.
Upon agreement by all parties, appearance for oral argument in person or via Microsoft Teams may also be requested.
Civil cases
Page 1 | MOTIONS
A discovery motion may be subject to a conference with Jennifer Noah before oral argument on the return date.
Discovery motions may be subject to a conference with the Law Clerk, Jennifer Noah, prior to oral argument on the return date.
Civil cases
Page 1 | MOTIONS
Counsel may elect to submit a motion for decision on the papers rather than request oral argument.
Alternatively, counsel may submit on papers.
Civil cases
Page 1 | MOTIONS
Adjournment & Extension Requirements
The Court will strictly adhere to its trial schedule, and trial adjournments will be granted only in exceptional circumstances.
The Court will adhere strictly to its trial schedule and adjournments will only be granted in exceptional circumstances.
Civil cases
Page 2 | TRIALS AND REFERENCES
Motion adjournments are generally barred and require the consent of all parties and the Court.
Motions cannot be adjourned generally. Adjournments will be granted only with the consent of all parties, subject to the consent of the Court.
Civil cases
Page 2 | MOTIONS
Counsel must seek a motion adjournment no later than the day before the return date.
Counsel are to seek an adjournment no later than the day prior to the return date.
Civil cases
Page 2 | MOTIONS
Conference adjournments require the prior consent of all parties and the Court's consent.
Adjournments will be granted with prior consent of all parties, subject to the consent of the Court.
Civil cases
Page 2 | CONFERENCES
Return-date adjournments are prohibited unless extraordinary circumstances exist and the Court consents.
No adjournments on the return date will be permitted, except in extraordinary circumstances and only upon consent of the Court.
Civil cases
Page 2 | MOTIONS
Chambers Communication Rules
Correspondence may be emailed to Secretary Lisa Rivera or mailed as a hard copy to the Court.
Correspondence is to be addressed to the Court and either attached to an email to the Court’s Secretary, Lisa Rivera or mailed a hard copy.
Civil cases
Page 1 | CORRESPONDENCE
Conference-date notices will be sent only by email.
Notification of conference dates will be sent via email only.
Civil cases
Page 2 | CONFERENCES