Judge Andrew S. Amer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion Papers
Terms of Sale
Court-wide- Upon request
Adjournments
- The court expects reasonable first-time adjournment requests of no more than four weeks not to be opposed absent unusual circumstances causing undue prejudice.
- A first-time adjournment stipulation must address every caption party and explain why any non-signing party is not signing.
- A first-time adjournment stipulation must include a briefing schedule providing for opposition papers at least two weeks and any reply at least one week before the new return date.
Request must include
- A first-time agreed adjournment may be obtained without an appearance by filing a stipulation at least three days before the return date, for no more than four weeks and to a subsequent Thursday, with a copy sent to the Part Clerk.
- Any further adjournment requires a NYSCEF letter motion filed at least three days before the return date, a copied Part Clerk submission, and an in-person appearance showing good cause.
- A contested first-time adjournment requires an application and copied Part Clerk submission at least three days before the return date, an explanation of the opposition, and an in-person appearance unless the court has already granted the adjournment.
Communication
Chambers16 contacts
Other Contacts3 contacts
Clerk2 contacts
Page & Word Limits3 rules
For computer-prepared attorney filings, support or opposition papers are limited to 7,000 words each and reply papers to 4,200 words each; specified evidentiary materials and structural components are excluded.
- Attorneys
- Support motion papers (computer-generated) for attorneys
- Up to 7,000 words
- Opposition motion papers (computer-generated) for attorneys
- Up to 7,000 words
- Reply motion papers (computer-generated) for attorneys
- Up to 4,200 words
Excluded from word count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
Court's wording
Where prepared by use of a computer: (i) attorney affidavits or affirmations and memoranda of law in support of, and in opposition to, the motion shall be limited to 7,000 words each; and (ii) attorney affidavits or affirmations and memoranda of law submitted on reply shall be no more than 4,200 words each and shall be limited to arguments that respond or relate to those made in the papers submitted in support of, or in opposition to, the motion. These word limitations shall not apply to evidentiary materials such as affidavits, affirmations, or reports from lay or expert witnesses, and shall exclude the caption, table of contents, table of authorities, and signature block.
For typewritten or handwritten attorney filings, support or opposition papers are limited to 20 pages each and reply papers to 10 pages each; specified evidentiary materials and structural components are excluded.
- Attorneys
- Support motion papers for attorneys
- Up to 20 pages
- Opposition motion papers for attorneys
- Up to 20 pages
- Reply motion papers for attorneys
- Up to 10 pages
Excluded from page count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
Court's wording
Where typewritten or handwritten: (i) attorney affidavits or affirmations and memoranda of law in support of, and in opposition to, the motion shall be limited to 20 pages each; and (ii) attorney affidavits or affirmations and memoranda of law submitted on reply shall be limited to 10 pages each and shall be limited to arguments that respond or relate to those made in the papers submitted in support of, or in opposition to, the motion. These page limitations shall not apply to evidentiary materials such as affidavits, affirmations, or reports from lay or expert witnesses and shall exclude the caption, table of contents, table of authorities, and signature block.
The Court may, upon oral or letter application on notice to all parties, permit the submission of motion papers which exceed the limitations set forth above.
Document Format Requirements5 rules
All motion papers shall be double-spaced on letter-sized paper bearing margins no smaller than one inch.
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
- Motion papers
Notwithstanding the use of the VEC, each side must provide to the Court a binder of admitted exhibits in hard copy to be provided to the jury for deliberations.
- File type
- Paper
- Binding
- Securely bound
- Exhibits
If an exhibit is video footage, it must be provided to the Court in advance in a USB (flash drive). CDs are not acceptable.
- Exhibits
Formatting
- •CDs are not acceptable
Unless otherwise directed by the Court, all text in memoranda of law, affirmations, and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface, such as Times New Roman.
- Font
- Times New Roman
- Font size
- 12 points
- Brief
- Affirmation
- Affidavit
Formatting
- •All text, including footnotes, must be proportionally spaced and 12-point serif
Please note that the VEC does not accept non-PDF documents.
- File type
- Trial submissions
Formatting
- •The VEC accepts PDF documents only
Document Filing Requirements22 rules
An attorney or party using AI to prepare a court paper must independently review it for fabricated or fictitious material and certify that review by signing the paper.
Court's wording
Accordingly, any attorney or party who uses an AI tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this Court or served on another party in a case before this Court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content.
Each paragraph of a movant's statement and opponent's response must be followed by a record-evidence citation or it will be legally insufficient.
Court's wording
Each paragraph in the movant’s Statement and the opposing party’s Response must be followed by citation to evidence submitted in support of or in opposition to the motion or will be deemed by the Court to be legally insufficient to establish or dispute the facts asserted in the paragraph.
Motions in foreclosure cases must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable.
- Document
- Foreclosure motion
Must include
- •Proposed order
Complete medical documentation, lien information, and proposed orders are required.
Must include
- •Proposed order
Sur-replies and merit correspondence are prohibited without advance permission, except that counsel may report a controlling post-submission decision by citation without argument; violating materials will not be considered, and opposing counsel may not respond in kind.
Court's wording
Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are strictly prohibited, except that counsel may inform the Court by letter of the citation of any post-submission court decision that is controlling on the pending issues, without any argument. Materials submitted in violation of this rule will not be read or considered. Opposing counsel who receives a submission in violation of this rule shall not respond in kind.
All SJT stipulations MUST include the dates for the evidentiary hearing and SJT and whether an interpreter will be needed.
Each document subject to a word-count limit must end with counsel's certification of the word count and compliance with the limit.
- Document
- Word count limited document
- Placement
- Certificate section
Must include
- •Word count
Court's wording
Every document subject to these word count limits shall include on a page attached at the end of the document a certification by counsel filing the document setting forth the number of words in the document and certifying that the document complies with the word count limit.
Additionally, an affirmation must be filed stating that the flash drive is new, has never been used before this time and is free from any malware or viruses.
Changed foreclosure form orders require an electronically filed blackline and a good-cause explanation; unchanged orders should include an affirmation, and the court may deny a motion lacking the required filing.
Court's wording
Additionally, if the parties make any changes to the form orders, they shall e-file a blackline indicating the changes and explain in their papers in support of the motion good cause for any proposed departures from the model forms. If they made no changes, they should submit an affirmation to that effect. If no blackline or affirmation are provided at the time of filing, the Court may deny the motion.
A summary-judgment movant must file a separate, concise Statement of Undisputed Facts in numbered paragraphs, with record citations supporting each asserted fact.
- Document
- Summary judgment motion
Must include
- •Statement of facts
Court's wording
Any party moving for summary judgment pursuant to CPLR 3212 shall include with their moving papers a separate short and concise Statement of Undisputed Facts, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. Each paragraph must contain a citation to the record evidence submitted by the movant that supports the factual assertions being made.
Any deviation from the PJI must be supported by written authority and shall include a blacklined version of the proposed charge showing all changes from the PJI.
A summary-judgment opponent must provide a correspondingly numbered response to every paragraph of the movant's statement, with record citations supporting each response.
- Document
- Summary judgment opposition
Must include
- •Statement of facts
Court's wording
Any party opposing the motion shall include a correspondingly numbered Response to the Statement of Undisputed Facts, which shall recite the movant's paragraphs and provide a response to each paragraph. Each paragraph in the response must similarly contain a citation to the record evidence submitted by the opposing party that supports the factual assertions being made.
A party submitting non-PDF evidence must file a slipsheet identifying the exhibit and provide the underlying files on a labeled USB flash drive with the required affirmation.
Court's wording
Should any party seek to file non-PDF documents (e.g., Excel spreadsheets, photographs, videos), the party is directed to file a slipsheet identifying the exhibit notation and provide the underlying file(s) to the Court on a USB flash drive with the case caption / index number denoted and with the affirmation described in Rule II.C above.
Any proposed orders or judgments shall be submitted with a Notice of Settlement and any counter proposal shall be submitted as set forth in § 202.48 of the Uniform Rules for the New York State Trial Courts and shall include a copy blacklined to show all changes to the order or judgment to which objection is made.
A Microsoft Word version of these documents shall simultaneously be provided to the Part Clerk at ksccvpart38@nycourts.gov.
If this Court determines that this requirement has not been satisfied, such attorney or party may be subject to sanction or other remedial action.
The proposed jury charges and proposed verdict sheets shall additionally be submitted to the Part Clerk at ksccvpart38@nycourts.gov in Microsoft Word format.
Where possible, the following types of motions must be accompanied by a proposed order using the linked Kings County forms:Motions to Consolidate Motions for Joint Trial and Discovery Motions to Change Venue
- Document
- Motion
Must include
- •Proposed order
In the event the Court grants permission for an oversize submission, the certification required above shall certify compliance with the limit as enlarged by the Court.
- Document
- Oversize submission
- Placement
- Certificate section
Unresolved evidentiary issues should be raised by motion in limine before trial, as early as practicable, and ordinarily in writing with a memorandum citing relevant authority.
- Document
- Motion in limine
Must include
- •Legal argument
Court's wording
To the extent practicable, all anticipated evidentiary issues not previously adjudicated shall be raised and addressed prior to the commencement of trial by motions in limine, shall be made as early as possible and, unless otherwise directed by the Court, shall be submitted in writing with a memorandum of law citing relevant statutory and decisional authority.
Counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document.
A summary-judgment respondent may add separate paragraphs identifying material facts alleged to present genuine issues for trial.
Court's wording
The respondent may also include within the Response additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exist genuine issues to be tried.
Filing & Service rules
Electronic Filing Rules
Before trial, counsel must upload proposed PJI-based jury charges and a proposed verdict sheet to the VEC under the designated document type.
In jury trials, prior to the commencement of trial counsel shall upload to the VEC, using the document type “Contested Issues Plaintiff/Defendant,” proposed jury charges based upon the most current edition of the New York Pattern Jury Instructions (PJI) and a proposed verdict sheet.
Page 1 | Jury Instructions
Motion papers must be filed electronically through NYSCEF unless the matter is exempt from electronic filing.
All motion papers shall be filed electronically through NYSCEF unless the matter is exempt from e-filing.
Page 1 | Motion Papers
A fully executed stipulation seeking a so-ordered designation must be uploaded to NYSCEF as a proposed order.
Fully executed stipulations to be “so ordered” by the Court shall be uploaded to NYSCEF as a proposed order.
Page 1 | Proposed Orders, Judgments, and “So Ordered” StipulationsGenerally
For each trial, proposed exhibits, exhibit charts, witness lists, jury instructions, and verdict sheets must be uploaded to the NYSCEF Virtual Evidence Courtroom.
The Court will create a Virtual Evidence Courtroom (VEC) in NYSCEF for each trial. All proposed exhibits, exhibit charts, and proposed witness lists shall be uploaded to the VEC. Proposed jury instructions and verdict sheets shall also be uploaded to the VEC using the document type “Contested Issues Plaintiff/Defendant.”
Page 1 | Virtual Evidence Courtroom
In a non-NYSCEF case, motion papers must be delivered to the Motion Support Office rather than chambers.
In the rare instance where a case does not participate in NYSCEF, motion papers must be delivered to the Motion Support Office at 360 Adams Street, Room 227, NOT to Chambers.
Page 1 | Motion Papers
Filing Timing and Cure Windows
Summary judgment motions must be filed within 60 days after the Note of Issue unless the court grants an extension before that deadline upon a party's application.
Summary judgment motions must be filed within sixty (60) days from filing the Note of Issue unless prior to this deadline the Court grants an extension of time upon a party’s application.
Page 1 | Special Rule for Summary Judgment Motions
Service and Proof of Service Rules
Motion papers in non-NYSCEF cases must be served on the parties under CPLR § 2214 unless the parties stipulate or the court orders otherwise.
Unless otherwise stipulated or ordered, motion papers in all non-NYSCEF cases must be served on the parties in accordance with CPLR § 2214.
Page 1 | Motion Papers
Court email will be sent to each party's email service address, and counsel is responsible for keeping that address current.
All emails from the Court will be sent to the email service address of record for each party in the action/proceeding. It is the responsibility of counsel to ensure that this email address is accurate and up to date.
Page 1 | Inquiries
Upon request, the summary-judgment movant must promptly provide the respondent with a Microsoft Word copy of the Statement of Undisputed Facts.
The movant shall, upon request, promptly provide the respondent with a copy of the Statement of Undisputed Facts in Microsoft Word format.
Page 1 | Special Rule for Summary Judgment Motions
Courtesy Copy Requirements
Courtesy copies are not required for motion papers submitted through NYSCEF.
The Court does not require courtesy copies of motion papers submitted through NYSCEF.
Page 1 | Motion Papers
Adjournment & Extension Requirements
A first-time adjournment stipulation must include a briefing schedule providing for opposition papers at least two weeks and any reply at least one week before the new return date.
The stipulation shall contain a briefing schedule, which must provide that opposition papers be submitted at least two (2) weeks prior to the new return date and reply papers (if any) be submitted at least one (1) week prior to the new return date.
Page 1 | Adjournments"First Time" Adjournments
Any further adjournment requires a NYSCEF letter motion filed at least three days before the return date, a copied Part Clerk submission, and an in-person appearance showing good cause.
Any further adjournments after the “first request” must be made upon application to the Court by filing a letter motion on NYSCEF at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov. All counsel must appear in person on the return date to be heard on why good cause exists to grant a further extension.
Page 1 | Further Adjournments
A contested first-time adjournment requires an application and copied Part Clerk submission at least three days before the return date, an explanation of the opposition, and an in-person appearance unless the court has already granted the adjournment.
If the “first time” request for adjournment is contested, the party seeking the adjournment shall file an application at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov, and shall provide the reason the request is being contested as stated by opposing counsel. If the Court has not granted the requested adjournment before the return date, all counsel must appear in person on the return date.
Page 1 | Adjournments"First Time" Adjournments
A first-time agreed adjournment may be obtained without an appearance by filing a stipulation at least three days before the return date, for no more than four weeks and to a subsequent Thursday, with a copy sent to the Part Clerk.
Motions may be adjourned once upon consent of the parties for no more than four (4) weeks to a subsequent Thursday without the need for an appearance by filing a stipulation at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov.
Page 1 | Adjournments"First Time" Adjournments
A first-time adjournment stipulation must address every caption party and explain why any non-signing party is not signing.
The stipulation must account for all parties in the caption. If a named party in the caption is not signing the stipulation for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.), the reason should be stated in the stipulation.
Page 1 | Adjournments"First Time" Adjournments
The court expects reasonable first-time adjournment requests of no more than four weeks not to be opposed absent unusual circumstances causing undue prejudice.
The Court expects counsel to extend each other professional courtesy when considering any “first time” request for an adjournment and that all such requests, if for a reasonable period not to exceed four weeks, will not be opposed absent unusual circumstances giving rise to undue prejudice.
Page 1 | Adjournments"First Time" Adjournments
Chambers Communication Rules
Litigants must not request an adjournment by telephone to chambers.
Do not call chambers to request an adjournment.
Page 1 | Inquiries
Counsel of record must be copied on all emails.
All counsel of record must be copied on all emails.
Page 1 | Inquiries
Requests and inquiries about adjournments and scheduling should be submitted to the Part Clerk by email.
All inquiries regarding adjournments and scheduling should be made via email to the Part Clerk at ksccvpart38@nycourts.gov.
Page 1 | Inquiries
Self-represented litigants may contact the Kings County Supreme Court Help Center by phone at the stated number or by email at the stated address during its Monday-through-Thursday operating hours.
Self-represented litigants may contact the Kings County Supreme Court Help Center (hours of operation: Monday through Thursday from 9:00am to 5:00pm). The location is 360 Adams Street, Room 123, Brooklyn, NY 11201. The telephone number is (347) 296-1740, and their email address is 360ASupremeCivilSelfHelp@nycourts.gov.
Page 1 | Help for Self-Represented Litigants
A settlement conference may be requested by emailing the Part Clerk before the Note of Issue is filed and copying all attorneys of record and unrepresented litigants.
The parties may request a settlement conference at any time before the filing of the Note of Issue by emailing the Part Clerk at ksccvpart38@nycourts.gov, with a copy to all attorneys of record and unrepresented litigants.
Page 1 | Settlement Conferences