Judge John B. Licata
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.
Request must include
Document Format Requirements2 rules
The proposed order must be submitted in Microsoft Word format by email within ten days after oral argument.
- File type
- Word
- Proposed order
Court's wording
Within ten days after oral argument of the motion, counsel for the movant shall submit a proposed Order in Microsoft Word® format via e-mail to opposing counsel and to Confidential Law Clerk Todd Bushway, Esq.
All cases must be referred by order of referral on the 8 th Judicial District’s form (a copy of which is attached) and sent to 8jdadr@nycourts.gov.
- Order of referral
Formatting
- •Use the Eighth Judicial District’s order of referral form
Document Filing Requirements10 rules
Within ten days after oral argument of the motion, counsel for the movant shall submit a proposed Order in Microsoft Word® format via e-mail to opposing counsel and to Confidential Law Clerk Todd Bushway, Esq.
- Document
- Motion
Must include
- •Proposed order
Each exhibit must have a separate cover sheet marked with its exhibit designation and must include a brief description beyond merely stating Exhibit A or Exhibit B.
Court's wording
After uploading a primary document, please choose the document type “Exhibit” and enter the appropriate number or letter and a brief description of the exhibit; each exhibit should bear a separate cover sheet clearly marked as “Exhibit A,” “Exhibit B,” etc. “Exhibit A” or “Exhibit B” is unacceptable as a brief description of the exhibit.
A discovery motion must be supported by an affidavit or affirmation documenting a good-faith attempt to resolve the dispute.
Court's wording
Motions respecting discovery disputes must be supported by an affidavit or affirmation of a good faith attempt at resolution (see 22 NYCRR § 202.7 [a]-[c]) before filing a disclosure motion, the party seeking disclosure shall call chambers and schedule a Teams or phone conference.
The filing of the NOI is a condition precedent to the court scheduling a trial and issuing a Trial Scheduling Order. The court will not provide a trial date until after the NOI is filed.
Where the litigant is merely switching attorneys, a stipulation consenting to change attorneys is required and a motion need not be brought.
Any attorney seeking to withdraw from a case MUST FILE A MOTION by order to show cause on notice where the granting of such application would result in the litigant being self-represented.
Before signing an order of referral, each attorney on the case must fully complete and provide to the referring judge an attorney affirmation (a copy of which is attached).
Applications lacking the affidavit or affirmation of good faith effort will likely be rejected.
A settlement within available insurance coverage for a case exceeding the policy limits should be accompanied by three affidavits addressing the insured parties' coverage knowledge, counsel's coverage investigation, and the insurer's lack of knowledge of other applicable coverage.
Court's wording
If a case with a value in excess of the policy limits is being settled for available insurance coverage, be prepared to submit all of the following: an affidavit from the insureds detailing their knowledge of insurance coverage; an affidavit from counsel who is offering the policy limits detailing their activities in ===== PAGE 4 ===== ascertaining the existence of all available insurance coverage, and; an affidavit from a principal with the insurance company swearing they have no knowledge of any other applicable insurance coverage.
Applications for an order SHOULD include police and/or medical reports if available, as well as the Protective Registry Information Sheet.
Filing & Service rules
Electronic Filing Rules
Each NYSCEF exhibit must be uploaded as a separate PDF, designated as an Exhibit with a number or letter and brief description, and have a separate cover sheet marked Exhibit A, Exhibit B, and so forth.
In the NYSCEF system, each exhibit must be uploaded as a separate .pdf file. After uploading a primary document, please choose the document type “Exhibit” and enter the appropriate number or letter and a brief description of the exhibit; each exhibit should bear a separate cover sheet clearly marked as “Exhibit A,” “Exhibit B,” etc. “Exhibit A” or “Exhibit B” is unacceptable as a brief description of the exhibit.
Civil cases
Page 2 | ELECTRONIC SUBMISSIONS — III. Filing of Papers — H. Exhibits
Letters to the court may not be uploaded to NYSCEF without prior court approval and instead should be emailed to Ms. Burke or Ms. Pazik.
Please note, no letters to the court are to be uploaded to NYSCEF regarding court cases without prior approval of the court – please email such letters to Ms. Burke or Ms. Pazik and the court will address them.
Civil cases
Page 3 | Electronic Submissions
Service and Proof of Service Rules
Reply papers must be served upon the court by 5 p.m. on the Monday preceding the motion’s return date.
except for reply papers which are to be served upon the court by 5 p.m. on the Monday preceding the return date of the ===== PAGE 2 ===== motion.
Civil cases
Page 1 | MOTIONS
A notice withdrawing a motion must be emailed to Shannon Burke and Mary Pazik.
Notice of withdrawal of a motion is to be sent by email to Shannon Burke AND Mary Pazik.
Civil cases
Page 2 | MOTIONS
Pre-Motion Conference Requirements
A discovery motion filed before a Teams or phone conference is scheduled will be denied upon submission without oral argument.
Discovery motions filed before scheduling a Teams or phone conference will result in the motion paper being denied upon submission without oral argument.
Civil cases
Page 3 | Discovery
A discovery motion seeking disclosure must include an affidavit or affirmation of a good-faith attempt to resolve the dispute, and the moving party must call chambers and schedule a Teams or phone conference before filing.
Motions respecting discovery disputes must be supported by an affidavit or affirmation of a good faith attempt at resolution (see 22 NYCRR § 202.7 [a]-[c]) before filing a disclosure motion, the party seeking disclosure shall call chambers and schedule a Teams or phone conference.
Civil cases
Page 3 | Discovery
Counsel must first have a verbal discussion about discovery issues and then attend a conference with the court to resolve the dispute.
This requires that counsel engage in good faith efforts to resolve discovery disputes, which means a verbal conversation about the issues, then a conference with the court.
Civil cases
Page 3 | Discovery
Counsel for all parties must consult before a preliminary or compliance conference.
Note that 22 NYCRR § 202.11 requires that “Counsel for all parties shall consult prior to a preliminary or compliance conference. . .”
Civil cases
Page 3 | Discovery
Adjournment & Extension Requirements
Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.
The court is aware that all laws bend before Murphy’s Law - so requests for an adjournment are typically granted unless it creates a scheduling problem associated with a hearing date, jury selection, or trial. Please confer with opposing counsel to select mutually acceptable dates to propose to the court for the rescheduled conference or motion. If the adjournment request is not on consent, and both parties have read this court’s local rules, contact chambers and the matter will be promptly handled.
Civil cases
Page 1 | SCHEDULING AND ADJOURNMENTS
Chambers Communication Rules
Counsel are encouraged, but not required, to call chambers before an applicable deadline to discuss the situation.
These rules are inherently flexible, by court discretion. You are encouraged to call chambers to discuss your situation in advance of the arrival of the applicable deadline to avoid the expression “Oh dear, what an awkward situation.”
Civil cases
Page 1 | Rule #1 Be Prepared through Rule #4 Repeat as Needed