Judge Joseph Lorigo
Individual Rules, Standing Orders & Policies
Communication
Chambers
Chambers
Document Format Requirements1 rule
Appearances by telephone are not permitted without the Court’s explicit permission.
Document Filing Requirements1 rule
Preliminary conferences in matrimonial cases require the submission of a DRL § 236(b) Affidavit from both parties one (1) week prior to the scheduled conference.
- Document
- Affidavit
Must include
- •DRL § 236(b) Affidavit
Filing & Service rules
Electronic Filing Rules
Motion papers must be filed electronically through NYSCEF for the Court’s consideration, and hard copies are not required.
All papers must be filed electronically through NYSCEF to be considered by the Court. Hard copies of motion papers are not required.
Page 1 | MOTIONS / ORDERS TO SHOW CAUSE
Requests for adjournments must not be electronically filed on NYSCEF.
Do not electronically file requests for adjournments on NYSCEF.
Page 2 | ADJOURNMENTS
The prevailing party must file the order on NYSCEF within seven days for the Judge’s signature, with service verification and confirmation of no objection for three business days after service; only orders approved by all attorneys of record or pro se litigants should be filed.
All orders must be filed on NYSCEF within seven (7) days by the prevailing party for signature by the Judge, together with verification that the order has been served upon all opposing counsel (or pro se litigants), and that no objection has been received within three (3) business days of service. Only orders that have been approved by all attorneys of record (or pro se litigants), with notice of such approval to the Court, should be filed on NYSCEF.
Page 2 | ORDERS
Filing Timing and Cure Windows
The order must be accompanied by confirmation that no objection was received within three business days after service.
no objection has been received within three (3) business days of service
Page 2 | ORDERS
The prevailing party must file the order on NYSCEF within seven days for the Judge’s signature.
All orders must be filed on NYSCEF within seven (7) days by the prevailing party for signature by the Judge
Page 2 | ORDERS
Late motion submissions may be rejected as untimely or cause an adjournment.
Late submissions may result in an adjournment of the motion or rejection of them as untimely.
Page 1 | MOTIONS / ORDERS TO SHOW CAUSE
Service and Proof of Service Rules
Moving, opposing, and reply papers must be served in compliance with CPLR § 2214 unless the Court specifically authorizes otherwise.
Counsel must comply with CPLR § 2214 when serving moving, opposing, and reply papers unless otherwise and specifically authorized by the Court.
Page 1 | MOTIONS / ORDERS TO SHOW CAUSE
The order filed for signature must include verification of service on all opposing counsel or pro se litigants.
together with verification that the order has been served upon all opposing counsel (or pro se litigants)
Page 2 | ORDERS
A TRO request must be provided on notice to opposing counsel and pro se litigants.
TROs must be on notice to the opposing counsel and pro se litigants
Page 2 | MOTIONS / ORDERS TO SHOW CAUSE
Pre-Motion Conference Requirements
An Order to Show Cause is available only for genuine urgency, a required stay, or a statutory mandate; otherwise, relief must be sought by a Notice of Motion under CPLR § 2214.
Orders to Show Cause: Motions shall be brought on by Order to Show Cause only when there is a genuine urgency, a stay is required, or a statute mandates so proceeding (NY Ct R § 202.8-d). The Court will not sign an Order to Show Cause that does not meet these requirements and will instead direct the parties to seek relief by way of a Notice of Motion pursuant to CPLR § 2214.
Page 1 | MOTIONS / ORDERS TO SHOW CAUSE
Sur-reply papers and merit-addressing correspondence are prohibited without advance express permission from the Court and will not be considered.
Pursuant to 22 NYCRR § 202.8-c, absent express permission from the Court in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted and will not be considered.
Page 1 | MOTIONS / ORDERS TO SHOW CAUSE
Before filing a discovery motion, moving counsel must confirm a good-faith conference with opposing counsel and document at least two written good-faith efforts to resolve the dispute.
Pursuant to 22 NYCRR 202.7, counsel for the moving party must affirm they have conferred with counsel for the opposing party in a good faith effort to resolve the issues raised in the motion. Additionally, the moving party seeking discovery must document at least two (2) written good faith efforts made with opposing counsel prior to the filing of such motions.
Page 2 | DISCOVERY DISPUTES
Temporary restraining orders (TROs) are granted only on a case-by-case basis. TROs must be on notice to the opposing counsel and pro se litigants and must comply with 22 NYCRR § 202.8(e) and Uniform Rule § 202.7(f).
Temporary restraining orders (TROs) are granted only on a case-by-case basis. TROs must be on notice to the opposing counsel and pro se litigants and must comply with 22 NYCRR § 202.8(e) and Uniform Rule § 202.7(f).
Page 2 | MOTIONS / ORDERS TO SHOW CAUSE
A preliminary conference must occur within 45 days after the Court receives a filed RJI, with the Judge or Law Clerk, virtually through Microsoft Teams unless the Court directs otherwise.
A preliminary conference will be held within forty-five (45) days after the Court receives a filed RJI. All conferences will be held with either the Judge or the Law Clerk and will be held virtually via Microsoft Teams unless otherwise directed by the Court.
Page 1 | CONFERENCES
Adjournment & Extension Requirements
Only the Judge may adjourn a hearing or trial, and only upon a showing of compelling circumstances at a pretrial conference convened to address that specific issue.
Hearings and trials may be adjourned by the Judge only, and only by a showing of compelling circumstances during a pretrial conference convened to address that specific issue.
Page 3 | TRIALS AND HEARINGS
An adjournment is granted when opposing counsel consents.
Adjournments are granted with consent of opposing counsel.
Page 2 | ADJOURNMENTS
A motion brought within the CPLR’s minimum time limits may be adjourned upon request even if the request is opposed.
the Court has a liberal adjournment policy, and motions made within the minimum time limits of the CPLR may be adjourned upon request, even if opposed.
Page 2 | ADJOURNMENTS
Chambers Communication Rules
A TRO request in a case assigned to another Justice will be considered only after prior written approval from the assigned Judge or Law Clerk.
Request for TROs on cases assigned to another Justice will be considered only upon prior written approval of the assigned Judge or his/her Law Clerk.
Page 2 | MOTIONS / ORDERS TO SHOW CAUSE
A party seeking emergency relief must first contact the Court concerning scheduling, the proposed order, and the information needed for review and signature.
For All Emergency Applications: a party seeking emergency relief must first contact the Court for scheduling the application, the order presented for signature, and what requirements apply for the Court to be fully informed and in a position to both review the submission and sign any order.
Page 2 | MOTIONS / ORDERS TO SHOW CAUSE
If counsel cannot agree on an order’s language, counsel must obtain the transcript and then contact chambers to schedule a settlement conference.
In the event counsel cannot reach an agreement on the language of an order, counsel must first order a copy of the transcript of the proceedings, then contact chambers to schedule a conference to settle the order.
Page 2 | ORDERS
Adjournment requests should be sent by email to Patty Hanavan and Shayna Gorski.
Adjournment requests should be made by email to Patty Hanavan phanavan@nycourts.gov and Shayna Gorski sgorski@nycourts.gov.
Page 2 | ADJOURNMENTS
The transcript must be emailed to Shayna Gorski in advance of the order-settlement conference.
The transcript must then be emailed to Shayna Gorski sgorski@nycourts.gov in advance of the conference.
Page 2 | ORDERS