Judge Richard J. Montelione
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Letter
Proposed Order
Terms of Sale
Court-wide- Upon request
Adjournments
- A subsequent adjournment must be supported by good cause.
- A subsequent consent-adjournment stipulation must be signed by all counsel and state the original return date, prior adjournments, future court appearances, and good-cause reasons.
- Without agreement of the parties, an adjournment request must be made by application at the Part 99 Calendar call.
- +4 more
Request must include
Communication
Clerk3 contacts
Chambers2 contacts
Other Contacts2 contacts
Page & Word Limits2 rules
Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
- Letter
- Up to 2 pages
A motion in limine must be made as early as possible and may be made either orally or by letter limited to two pages unless the court directs otherwise.
- Motion in limine letter
- Up to 2 pages
- Letter
Document Format Requirements4 rules
A Microsoft Word version shall simultaneously be provided to Chambers.
- File type
- Word
All documents and/or photos that are blown-up, unless stipulated by all counsel into evidence, must also be in a form no larger than 14 x 8 ½ inches.
All documents and/or photos must be in a folder and shielded from viewing by the jury until entered into evidence.
At the time of the hearing, an unredacted proposed order must be e-mailed to Chambers in a Microsoft Word format tracking the language found in the sample order provided.
- File type
- Word
- Proposed order
Document Filing Requirements11 rules
Reference to the NYSCEF documents is not sufficient.
All motions for summary judgment shall be accompanied by a Statement of Material Facts in accordance with Part 202.8-g of the Uniform Rules of the Trial Courts.
- Document
- Summary judgment motion
Must include
- •Statement of facts
Please do not make any oral arguments unless those oral arguments are within the motion papers.
Where pleadings, prior applications, or prior decisions and orders are relevant to the motion, copies of these documents shall be annexed.
If the reply contains facts not previously provided, the court will not consider such reply.
Prior to scheduling the hearing, the Court MUST receive the proposed order, copies of all relevant medical records, doctor(s) affirmations, guardian and attorney affirmations, and a NYC Department of Human Resources Lien/No Lien Letter.
- Document
- Infant compromise hearing
Must include
- •Proposed order
If the subpoena requests testimony or documents of a non-party, it must contain an affirmation as to why testimony or documents is/are relevant, and must contain any appropriate authorizations.
If you do not receive notification from the Court, the parties must appear on the scheduled return date.
Any proposed orders and/or judgments shall be submitted with a Notice of Settlement and any counter proposals shall be submitted as set forth in § 202.48 of the Uniform Rules For the New York State Trial Courts.
- Document
- Proposed order or judgment
Must include
- •Proposed order
Any Settlement of an Order or Judgment on Notice filed with the court must contain a copy of the original order directing such settlement.
Copies of correspondence between counsel shall not be sent to the Court.
Filing & Service rules
Electronic Filing Rules
A stipulation resolving a motion must be e-filed through NYSCEF and a copy sent to Mr. Legere at least two days before the motion-calendar date.
If the parties have resolved a motion pursuant to a stipulation, the stipulation must be e-filed in NYSCEF and a copy must be sent to Mr. Legere, Esq. at least (2) days prior to the motion calendar date.
Civil cases
Page 1 | STIPULATIONS
Subpoenas seeking a court so-order must be deposited outside courtroom 574 and should not be e-filed through NYSCEF.
All subpoenas requested to be “so-ordered” by the court must be deposited in the basket outside courtroom 574. Subpoenas should not be e-filed to NYSCEF.
Civil cases
Page 1 | SUBPOENAS
A motion-withdrawal notice must be e-filed through NYSCEF, with a courtesy copy e-mailed to Chambers, at least two days before the motion-calendar date.
Any party wishing to withdraw a motion must notify the Court by e-filing a notice of withdrawal in NYSCEF and e-mailing a courtesy copy to Chambers at least (2) days prior to motion calendar date.
Civil cases
Page 1 | STIPULATIONS
The signed adjournment stipulation must be e-filed through NYSCEF, and a copy must be e-mailed to Chambers.
Please e-file the signed stipulation on NYSCEF and e-mail a copy to Chambers.
Civil cases
Page 1 | ADJOURNMENTS
Letters to the court must be e-filed through NYSCEF, with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Civil cases
Page 1 | COMMUNICATION
Proposed orders and requests to so-order should be e-filed through NYSCEF, with a copy e-mailed to Chambers.
Copies of proposed orders and requests to so-order should be e-filed to NYSCEF, and a copy should be e-mailed to Chambers.
Civil cases
Page 1 | MOTION PRACTICE IN PART 99
Filing Timing and Cure Windows
When trial is scheduled more than 30 days after a conference, any motion in limine must be made at least 15 days before trial.
If the trial is scheduled more than 30 days from the date of a conference, any motions in limine must be made at least 15 days before the trial date.
Civil cases
Page 1 | JURY TRIALS
Any adjournment stipulation must be e-filed by the Friday preceding the scheduled motion.
Stipulations for any adjournments must be e-filed no later than the Friday before the scheduled motion.
Civil cases
Page 1 | ADJOURNMENTS
Opposition papers to an OSC must be e-filed at least 24 hours before the hearing, unless filing that early is impractical.
Opposition papers to an OSC shall be e-filed at least 24 hours before the motion is to be heard unless it is impractical to do so.
Civil cases
Page 1 | MOTION PRACTICE IN PART 99
Courtesy Copy Requirements
A Microsoft Word copy of the proposed order or judgment must simultaneously be provided to Chambers.
A Microsoft Word version shall simultaneously be provided to Chambers.
Civil cases
Page 1 | PROPOSED ORDERS and/or JUDGEMENTS
The unredacted infant-compromise proposed order must be e-mailed to Chambers at the time of the hearing.
At the time of the hearing, an unredacted proposed order must be e-mailed to Chambers in a Microsoft Word format tracking the language found in the sample order provided.
Civil cases
Page 1 | INFANT COMPROMISE HEARINGS
A courtesy copy of each letter must be e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Civil cases
Page 1 | COMMUNICATION
Pre-Motion Conference Requirements
The court will not accept a sur-reply unless good cause is shown and the court grants a request to file it.
Regarding sur-replies, the CPLR does not provide for sur-reply papers and the court will not accept these papers unless good cause is shown and a request to file those papers is granted.
Civil cases
Page 1 | MOTION PRACTICE IN PART 99
A reply to an OSC is not permitted unless the court grants a good-cause application or directs a reply.
Replies are not permitted unless the court grants an application based on good cause or otherwise directs a reply.
Civil cases
Page 1 | MOTION PRACTICE IN PART 99
An OSC requesting a temporary restraining order or temporary stay generally may not be heard ex parte without good cause.
An Order to Show Cause (OSC) with a request for a temporary restraining order, including a request for a temporary stay of an action, will generally not be heard ex parte unless good cause is shown.
Civil cases
Page 1 | MOTION PRACTICE IN PART 99
When a non-lawyer movant retained counsel, the movant may apply to supplement the papers or add reply facts, and a granted application also permits a sur-reply.
If the original motion was brought by a non-lawyer and the movant retained counsel, an application may be made to supplement the papers or include additional facts in a reply and if the application is granted the court will also allow a sur-reply in those instances.
Civil cases
Page 1 | MOTION PRACTICE IN PART 99
Adjournment & Extension Requirements
A party seeking to raise a new determinative issue in oral argument must request an adjournment and present the argument in writing for a future date.
If you think the oral arguments raise issues which are not within your papers but are determinative of any of the issues, then you must request an adjournment to include such arguments in writing so they can be heard on a future date.
Civil cases
Page 1 | MOTION PRACTICE IN PART 99
A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.
To request an adjournment on a matter appearing on the calendar for the first time, parties must submit a stipulation signed by counsel for all parties consenting to the adjournment.
Civil cases
Page 1 | ADJOURNMENTS
A subsequent consent-adjournment stipulation must be signed by all counsel and state the original return date, prior adjournments, future court appearances, and good-cause reasons.
To request a subsequent consent adjournment , the parties must submit a stipulation signed by all counsel which shall also include (a) the original return date, (b) any prior adjournments, (c) any future court appearances scheduled in the matter, and (d) the good cause reason(s) underlying the adjournment request.
Civil cases
Page 1 | ADJOURNMENTS
A subsequent adjournment must be supported by good cause.
Subsequent adjournments must be based on good cause.
Civil cases
Page 1 | ADJOURNMENTS
A late adjournment request must be made by application at the Part 99 calendar call.
Late adjournment requests will have to be made by application at the call of the calendar.
Civil cases
Page 1 | ADJOURNMENTS
A party seeking a first-time calendar adjournment is expected to contact the opposing side to seek the adjournment.
However, the court expects that the party requesting the adjournment has contacted the opposing side to seek the adjournment in order to avoid a wasted trip to the court and will consider it.
Civil cases
Page 1 | ADJOURNMENTS
Without agreement of the parties, an adjournment request must be made by application at the Part 99 Calendar call.
Absent an agreement of the parties, adjournment request will have to be made by application at the call of the Part 99 Calendar.
Civil cases
Page 1 | ADJOURNMENTS
Chambers Communication Rules
Ex parte communications with Chambers by phone or any other method are prohibited.
Ex Parte communication with Chambers by phone or otherwise is NOT permitted.
Civil cases
Page 1 | COMMUNICATION
Counsel must notify Chambers promptly after case assignment if a witness needs a language interpreter.
If a witness requires a language interpreter, counsel must notify chambers as soon as the case is assigned so that timely arrangements can be made.
Civil cases
Page 1 | BENCH TRIALS/JURY TRIALS/SUMMARY JURY TRIALS
Parties may not ask Chambers whether a Part 99 motion requires an in-person appearance.
Please do not contact chambers to inquire whether your Part 99 Motion requires an in-person appearance.
Civil cases
Page 1 | COMMUNICATION
Chambers may be contacted by phone for urgent matters.
For urgent matters, contact chambers at (718) 500-4012.
Civil cases
Page 1 | COMMUNICATION
Parties should contact opposing counsel or parties and then email Mr. Legere if they want a Microsoft Teams, telephone, or in-person settlement conference.
The Court is always amenable to a Microsoft Teams or telephone conference, or in person appearances to settle a motion or a case. If interested, please reach out to opposing counsel/parties and then email Mr. Legere (mlegere@nycourts.gov) for further instructions.
Civil cases
Page 1 | SETTLEMENT DISCUSSIONS INVOLVING MOTIONS OR CASES
Upon request, the court will attempt to provide a special master or court attorney to discuss settlement.
Upon request, the court will attempt to provide a special master or court attorney to discuss settlement.
Civil cases
Page 1 | BENCH TRIALS
Before contacting the Principal Court Attorney or Part Clerk about a motion, the filer should check eCourts to identify the hearing part.
BEFORE e-mailing or calling the Principal Court Attorney and/or the Part Clerk, check e-courts to determine whether the motion(s) in question is being heard in Part 99 or elsewhere, i.e. Intake, CCP, JCP, FCP, City Part.
Civil cases
Page 1 | MOTION CALENDAR
Discovery and discovery-motion inquiries must be directed to the Centralized Compliance Part.
All inquiries about discovery or discovery motions are to be directed to the Centralized Compliance Part.
Civil cases
Page 1 | MOTION CALENDAR
The Part Clerk may be contacted by phone or email for scheduling, calendar, and general inquiries.
For scheduling, calendar, and general inquiries contact the Part Clerk at (347) 296-1650 or lalewis@nycourts.gov.
Civil cases
Page 1 | COMMUNICATION