Judge Caroline P. Cohen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion in Limine
- Before Deadline
Terms of Sale
Court-wide- Upon request
Adjournments
- All adjournments are subject to the Court's discretion.
- Adjournment applications and stipulations must be submitted through NYSCEF or as paper filings at Motion Support, with a copy served on all other counsel or pro se parties.
- Adjournment applications and stipulations are due by 5:00 p.m. three days before the scheduled motion date.
- +4 more
Request must include
Communication
Phone
Phone
Chambers
Clerk
Phone
Court-wideClerk
Document Format Requirements4 rules
Any anticipated PJI closing charges and a proposed interrogatory verdict sheet in both printed form and as an electronic Microsoft Word document.
- File type
- Word
- Proposed interrogatory verdict sheet
Formatting
- •A printed copy must also be provided
At least two days before trial, parties must provide a pre-marked exhibit binder with an exhibit table and appropriately separated exhibits to the Court and opposing counsel.
- Trial exhibit binder
Formatting
- •Binder must include an exhibit table with proposed exhibit numbers or letters
- •Plaintiff exhibits start at 1 and defendant exhibits start at A
Court's wording
A binder of pre-marked exhibits intended to be offered into evidence. The binder shall include a table of the exhibits together with their proposed exhibit numbers or letters. Exhibits shall be appropriately separated. Plaintiffs’ exhibits shall commence with the number 1. Defendants’ exhibits shall commence with the letter A. The said binder shall be provided to the Court and all opposing counsel.
In submitting any papers to the Court for signature, there must be at least three lines of type above the space for the Court’s signature.
In the event the Court directs parties or a party to settle or submit a more detailed order, besides filing it with NYSCEF, a version in Microsoft Word shall be emailed to the law clerks.
- File type
- Word
- Proposed order
Formatting
- •A Microsoft Word version must also be emailed to the law clerks
Document Filing Requirements34 rules
The foregoing trial rules not specific to jury trials shall likewise apply to bench trials and, in addition, a trial memorandum must be submitted before the commencement of the trial.
Moving papers shall specify in detail the relief requested.
All appearances must be in person.
No reply papers shall be submitted by the movant or petitioner where a motion or special proceeding is commenced by order to show cause unless leave is obtained from the Court.
Serious-injury threshold summary-judgment moving papers must address each asserted category and explain the movant's prima facie entitlement.
Court's wording
Motions for summary judgment with respect to the serious injury threshold set forth in Insurance Law § 5104(a) and 5102(d) shall clearly identify in the moving papers each category of serious injury asserted in the bill of particulars and separately indicate with respect to each category why the movant believes it has established a prima facie case of entitlement to judgment as a matter of law.
At least two days before trial, parties must provide the witness list, offer of proof, expert CVs, and exchanged expert discovery.
Court's wording
A list of potential witnesses in the order they expect to call them -- including both fact and expert witnesses -- along with an offer of proof of expected testimony. Curriculum vitae of expert witnesses shall be provided. Copies of exchanged expert witness discovery shall also be provided to the Court.
A written memorandum of law with citations to the Official Reports is required.
Must include
- •Legal argument
Papers in opposition to such a motion shall separately indicate with respect to each threshold category why assertedly the movant did not make out its prima facie case and/or why the opposing party has rebutted it.
Reargument or renewal motions must include the prior oral-argument transcript, any written bench decision, and the order or judgment being reconsidered.
Court's wording
All motions for reargument or renewal shall include a transcript of the previously held oral argument, to the extent an oral argument took place, and any decision rendered from the bench. If a decision was written it shall be included. This is all in addition to the submission of a copy of the order and/or judgment concerning which reargument or renewal is sought.
At least two days before the scheduled trial, the plaintiff must provide the court with marked pleadings and a bill of particulars.
Legal argument must cite supporting facts, discuss and apply the law, and state the requested outcome.
- Document
- Motion papers
Must include
- •Legal argument
Court's wording
Legal argument shall (a) refer to averred facts in the party’s papers or in opposing papers with references to particular affirmations, affidavits, and documents by page and paragraph numbers, (b) discuss the law, (c) apply the averred facts to the law, and (d) set forth the party’s requested outcome of the motion.
Where reference is made to a previously electronically-filed document, said document must be submitted as an exhibit on the motion.
Unresolved evidentiary or legal issues must be raised in a written motion in limine before trial.
Court's wording
Any potential evidentiary question or procedural or substantive law matter not previously adjudicated in the action shall be brought to the Court’s attention and addressed prior to trial by way of a written motion in limine.
The court will not consider any motions in limine that do not comply with the requirement set forth in this provision.
Late summary-judgment motions and cross-motions must include an attorney affirmation explaining good cause.
Court's wording
Regardless of the underlying type of case, all motions and cross-motions for summary judgment submitted past the 60-day postnote of issue deadline (Kings County Supreme Court Uniform Civil Term Rules Motions (6)) shall include an explanation in an attorney affirmation why the party asserts good cause for the untimely submission
All argued motions shall be on the record. Counsel and self-represented parties shall be prepared to give the court reporter one business card or slip of paper with the relevant information.
All petitioners in special proceedings shall submit with their papers a proposed judgment for the Court’s consideration, which in NYSCEF shall be filed separately and designated as “JUDGMENT - TO COURT (PROPOSED).”
Subpoenas submitted for a So-Ordering must include a counsel affirmation explaining the action and subpoena basis and proof of service on all parties or counsel.
Court's wording
Subpoenas submitted for the Court’s So-Ordering must be accompanied by a brief counsel affirmation explaining the nature of the action, the basis for the subpoena and an affidavit or affirmation of service attesting that the subpoena was properly served on all parties and/or counsel.
All movants shall submit with their motion papers a proposed order for the Court’s consideration, which in NYSCEF shall be filed separately and designated as “ORDER (PROPOSED).”
- Document
- Motion
Must include
- •Proposed order
All motion papers shall include the Motion Sequence Number in the case together with other pertinent information to the right of the caption.
All motion papers must include the current full caption; said caption must be accurate, especially if it was amended subsequent to the filing of the original papers.
- Document
- Motion papers
Must include
- •Caption
Requests for orders compromising an action where court permission is necessary must be supported by all information and documents required in the CPLR and the Uniform Rules-Trial Courts.
Proposed orders seeking consolidation of actions shall include the new caption.
- Document
- Consolidation proposed order
Must include
- •Caption
If a party (movant or opposition) does not want a motion determined on submission, it shall so indicate in a prominent place in its papers.
Emails shall include such information in the subject matter line if the correspondence is with respect to a motion; an example is as follows: “599999-2023; Ajax Corp. v. MTA; July 7, 2023; Cal. No. 40, Seq. 5.”
All counsel and self-represented parties must be prepared to give the Court a business card or fill out a slip of paper to be obtained from the court officer.
Untimely reply papers are presumptively not to be considered.
If the Court issues a decision from the bench, counsel must be prepared to settle or submit a short-form order if so directed (even if a proposed order was previously submitted).
Court correspondence must state the index number, shortened case name, motion date if known, calendar number if known, and motion sequence number.
- Document
- Correspondence
Must include
- •Case number
Court's wording
Correspondence to the Court must indicate the following information: index number, shortened case name (e.g. Smith v. Jones, Brown v. Acme Ins. Co., Ajax Corp. v. MTA, etc.), motion calendar date if known, calendar number if known, and motion sequence number.
Untimely papers shall be accompanied by an explanation as to why they are late.
Untimely papers may be rejected by the Court; their acceptance shall be at the Court’s discretion.
Movants are encouraged to prepare the notice of motion in conformity with 22 NYCRR 202.7.
The parties shall stipulate to the admissibility of evidence where to do so will not compromise any of the rights of the parties.
In a motion for summary judgment, movant does not need to file a separate statement of material facts as discussed in 22 NYCRR 202.8-g if the material facts are set forth in affirmations or affidavits by persons with direct knowledge.
Filing & Service rules
Filing Timing and Cure Windows
When trial is more than 30 days after the initial pretrial conference, motions in limine must be filed at least 15 days before trial.
If the trial is scheduled more than 30 days after an initial pre-trial conference with the Court is held, any motions in limine must be made at least 15 days before the trial date.
Page 1 | PART II. TRIALS
When trial is scheduled less than 30 days after the initial pretrial conference, motions in limine must be filed by the midpoint between the conference and trial dates.
If a trial is scheduled less than 30 days after an initial pre-trial conference with the Court, any motions in limine must be made no later than the midpoint date between said conference date and the scheduled trial date.
Page 1 | PART II. TRIALS
Responsive papers to an order to show cause are due at least eight days before the motion date, or by 5:00 p.m. two days before the motion date if the order is received within that eight-day period.
Unless otherwise directed in the order to show cause, papers in response to a motion or petition brought on by order to show cause shall be submitted at least eight days before the motion calendar date designated therein; however, if the order to show cause is received within such eight-day period, the responsive papers shall be submitted not later than by 5:00 p.m. of the second day prior to the motion calendar date designated in the order to show cause.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart B. Papers
If counsel cannot meet the motions-in-limine deadline, counsel must append an explanation and file the motion by noon the day before trial.
If counsel cannot comply with the aforementioned deadlines, counsel must append an affirmation to the motion in limine explaining why compliance was not possible. In such circumstances, the motion in limine must be filed by 12:00 noon the day before trial.
Page 1 | PART II. TRIALS
Interpreter requests must be made at least one week before the relevant court appearance.
Requests for interpreters must be made at least one week prior to the respective court appearance.
Page 1 | PART V. MISCELLANEOUS
All materials used during trial must be removed within 48 hours after trial concludes.
All materials used during the trial must be removed within 48 hours of the conclusion of the trial.
Page 1 | PART II. TRIALS
Service and Proof of Service Rules
All motion papers must be served on all appearing parties through NYSCEF when contact information is listed, or by another authorized method.
All motion papers, regardless of the party submitting them, shall be served on all appearing parties, either through NYSCEF (if a party is listed with contact information) or otherwise according to statute or other rule.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart B. Papers
Proof of service for motion papers must be filed separately in NYSCEF, even when service occurred through NYSCEF.
Proof of service of motion papers shall be submitted separately -- not at the end of a submitted paper -- when filing in NYSCEF. Proof of service shall be filed even if service was by filing in NYSCEF.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart B. Papers
Mailed or emailed correspondence to the Court must always include exact copies to the other parties as required by the standing order.
Under no circumstances shall mailed or emailed correspondence be sent to the Court without exact copies also being sent to other parties as provided herein.
Page 1 | PART V. MISCELLANEOUS
All correspondence and filed papers must be served on all appearing parties through NYSCEF for e-filed cases or by another authorized method otherwise.
All correspondence to the Court, including filed papers, shall be served on all appearing parties, either through NYSCEF if the case is e-filed or otherwise according to statute or other rule if the case is not e-filed.
Page 1 | PART V. MISCELLANEOUS
At least two days before trial, all parties must provide anticipated deposition transcripts and proof of deposition service to the Court.
At least two days before the scheduled trial, all parties must provide copies of the following to the Court:Deposition transcripts anticipated to be used at trial along with proof of service of the deposition pursuant to CPLR 3116(a).
Page 1 | PART II. TRIALS
Courtesy Copy Requirements
Parties must e-mail courtesy copies of motions in limine to mmschiff@nycourts.gov by 12:00 noon the day before trial.
Courtesy copies of motions in limine must be e-mailed to mmschiff@nycourts.gov no later than 12:00 noon the day before trial.
Page 1 | PART II. TRIALS
Adjournment & Extension Requirements
Adjournment applications and stipulations must identify the requesting party, good cause, prior adjournments, and dates for other sequenced motions.
Applications for adjournments and stipulations of adjournment must (a) identify which party seeks the adjournment, (b) set forth the good-cause reason for it, (c) provide details of any prior adjournments of the motion, and (d) list future motion calendar dates for other sequenced motions in the case.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart D. Adjournments
Adjournment applications and stipulations are due by 5:00 p.m. three days before the scheduled motion date.
The deadline for filing such applications for adjournments and stipulations of adjournments shall be 5:00 p.m. of the third day prior to the scheduled motion date.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart D. Adjournments
Adjournment applications and stipulations must be submitted through NYSCEF or as paper filings at Motion Support, with a copy served on all other counsel or pro se parties.
Applications for adjournments and stipulations of adjournment shall be submitted through NYSCEF or by filing a paper copy with the Court at Motion Support, Room 227, at 360 Adams Street (with a copy served upon all other counsel or pro se parties).
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart D. Adjournments
Emergency adjournment applications must be made in person on the motion date after the first calendar call concludes.
In the event of an emergency, applications for adjournment shall be made only in person on the scheduled motion date after the conclusion of the first calendar call.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart D. Adjournments
Hearings for compromise matters are scheduled by the court, and adjournments must be obtained through chambers.
Any adjournments must be obtained through chambers.
Page 1 | PART III. INFANT'S, INCOMPETENT'S, & DEATH COMPROMISES
All adjournments are subject to the Court's discretion.
All adjournments are at the discretion of the Court.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart D. Adjournments
If the third day before the motion date is a weekend or holiday, the deadline moves to 5:00 p.m. on the preceding business day.
If said third day prior to the scheduled motion date is a Saturday, Sunday, or holiday, the deadline shall be 5:00 p.m. of the last business day before said third day prior to the scheduled motion date.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart D. Adjournments
Chambers Communication Rules
Chambers may not provide legal advice to counsel or self-represented litigants.
When calling chambers please do not seek advice. Chambers may not provide advice to counsel or self-represented litigants.
Page 1 | PART V. MISCELLANEOUS
Adjournment applications and stipulations must also be emailed to the Part Clerk and law clerks.
All applications for adjournments and stipulations of adjournment submitted in the aforesaid manner shall also be emailed to the Part Clerk and the law clerks.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart D. Adjournments
Other parties must be promptly notified when a motion is withdrawn, and withdrawal papers must be emailed to the Part Clerk and law clerks even if filed through NYSCEF.
If a motion is withdrawn, the other parties shall be notified expeditiously. Copies of motion withdrawal papers shall also be emailed to the Part Clerk and the law clerks, even if the withdrawal is filed with NYSCEF.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart C. Appearances
Whenever a proposed order is submitted, copies must also be emailed to the Part Clerk and law clerks.
In all instances where a proposed order is submitted, copies also shall be emailed to the Part Clerk and the law clerks.
Page 1 | PART I. MOTIONS & SPECIAL PROCEEDINGS; Subpart C. Appearances
Counsel must keep NYSCEF contact information and responsible persons' email addresses current.
Counsel are responsible for updating contact information in NYSCEF. Email addresses for persons responsible for the case must be current.
Page 1 | PART V. MISCELLANEOUS
The Kings County Supreme Court Help Center is located at 360 Adams Street, Room 123, and provides the listed telephone and email contact information.
The location is 360 Adams Street, Room 123, Brooklyn, NY 11201. Their telephone number is (347) 296-1740, and their email address is 360ASupremeCivilSelfHelp@nycourts.gov.
Page 1 | PART IV. HELP FOR SELF-REPRESENTED LITIGANTS
Self-represented litigants may contact the Help Center Monday through Thursday from 9:00 a.m. to 5:00 p.m.
Self-represented litigants may contact the Kings County Supreme Court Help Center (hours of operation: Mondays, Tuesdays, Wednesdays, and Thursdays from 9:00 a.m. to 5:00 p.m.).
Page 1 | PART IV. HELP FOR SELF-REPRESENTED LITIGANTS