Judge Saul Stein
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Terms of Sale
Court-wide- Upon request
Adjournments
- All other motion-adjournment requests must be made by 10:00 a.m. on the business day before the return date.
- A DJMP inquest will not be adjournged without a showing of good cause.
- Failure to obtain documents served within 12 weeks or fewer of the inquest is not good cause for an adjournment.
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Communication
Chambers8 contacts
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Clerk2 contacts
Other Contacts2 contacts
Document Filing Requirements16 rules
All motion papers (including stipulations and proposed orders) must include a full caption naming all parties. Please include all papers filed in connection with the motion in all proposed orders.
- Document
- Motion
Must include
- •Caption
- •Proposed order
Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
All proposed orders must include a full caption naming all parties to the action, the calendar number, and a list of all papers read on the motion pursuant to CPRL 2219 (a).
- Document
- Proposed order
Must include
- •Caption
The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. Further, the affirmation must include a detailed description of the accident/incident and an adequate statement regarding liability.
Unless the court directs otherwise, counsel must submit a proposed order consistent with the decision, by hard copy after calendar call or through NYSCEF by 5:00 p.m. that day.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Unless the Court specifically direct otherwise, for all motions, counsel must submit a proposed order consistent with the Court’s decision, including for adjournments to supplement motion papers. Submissions may be by hard copy following the calendar call, or via NYSCEF by 5:00 pm that same day.
Ejectment Actions: In the case of ejectment actions, instead of a proposed order, submit a proposed judgment of possession, and, as a separate document, a proposed writ of assistance.
When only one parent appears, the other custodial parent must provide a notarized hearing affidavit stating awareness, waiver of presence, settlement consent, and the settlement amount.
Court's wording
If only one parent is appearing at a hearing, a notarized affidavit from the other custodial parent must be presented at the hearing. Said affidavit must state that the non-appearing parent is aware of the hearing, that they waive their right to be present at the hearing, and consent to the settlement. The affidavit should provide the amount of the settlement.
If a compromise order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final compromise order.
Part 17 motion papers must include a full party caption, and opposition and reply papers are due 14 and seven days before the return date, respectively.
- Document
- Motion
Must include
- •Caption
- •Proposed order
Court's wording
All motion papers (including stipulations and proposed orders) must include a full caption naming all parties. Any opposition papers must be filed no later than fourteen (14) days prior to the return date. Any reply papers must be filed no later than seven (7) days prior to the return date.
The infant’s medical reports, a physician's affirmation that is prepared within six months of the application, a settlement letter, and an affirmation of no liens are also required.
Each affidavit of service and non-military affidavit must be attached to motions as a separate exhibit with a separate label.
Proposed Jury Charges are required to utilize the current version of the New York Pattern Jury Instructions. Any Proposed Jury Charge citing an outdated section of the PJI may not be considered.
When filing a motion for default judgment, a new nonmilitary affidavit must also be filed and dated no earlier than 30 days prior to the filing of said default motion.
Declaratory Judgments: In the case of a declaratory judgment involving no-fault insurance, instead of a proposed order, submit a proposed judgment that includes the date of the alleged accident, insurance policy number(s), and the insurance claim number(s).
If any portion of the settlement is structured, the cost of the annuity must be stated in the order.
Requests to have the Court sign subpoenas that are not to government entities must be accompanied by a letter detailing why the Court’s signature is needed.
Filing & Service rules
Electronic Filing Rules
Part 17 motion papers must be filed through NYSCEF; non-NYSCEF actions must file at the Motion Support Office and provide a copy to Part 17 by email or hand delivery at least 10 business days before argument.
All motion papers must be filed electronically through NYSCEF. If the action does not participate in NYSCEF, motions papers are to be filed at the Motion Support Office, at 360 Adams Street, Room 227 and a copy emailed to KSCCVPART17@nycourts.gov or hand delivered to the Courtroom no later than 10 business days before the scheduled argument date.
Civil cases
Page 1 | Part 17 Motions
Subpoenas cannot be submitted electronically and must be approved and stamped by the sixth-floor subpoenaed-records room, placed in the courtroom-424 box, and logged in the sign-in sheet.
Subpoenas will not be accepted electronically. All subpoenas must first be approved and stamped by the subpoenaed records room located on the 6th floor at 360 Adams Street, after which the approved subpoena may be left in the box outside courtroom 424 at 360 Adams Street, and the subpoena information must be logged into the sign-in sheet.
Civil cases
Page 1 | Subpoenas
Papers that the court orders must be emailed to Part 17, and NYSCEF filing alone is insufficient.
Any papers that the Court must so order must be emailed to KSCCVPART17@nycourts.gov. Filing on NYSCEF alone will not suffice.
Civil cases
Page 1 | Part 17 Motions
Motions in limine will not be considered unless filed through NYSCEF.
Motions in limine will not be considered unless filed via NYSCEF.
Civil cases
Page 1 | Trials
Infant-compromise applications must be filed through NYSCEF or, for non-NYSCEF cases, mailed to the Motion Support Office.
Applications for infant compromise orders must be filed electronically through NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office.
Civil cases
Page 1 | Infant Compromise
DJMP motion papers must be filed through NYSCEF; for non-NYSCEF cases, papers must be delivered to the Motion Support Office and copied to DJMP by email or hand delivery at least seven days before the hearing.
Motion papers must be filed electronically through NYSCEF. If the action does not participate in NYSCEF, motions papers are to be filed at the Motion Support Office, at 360 Adams Street, Room 227, with a copy emailed to KSCCVDJMP@nycourts.gov or hand delivered to the Courtroom, no later than 7 days before the scheduled hearing date.
Civil cases
Page 1 | DJMP Motions
Filing Timing and Cure Windows
DJMP reply papers must be filed no later than seven days before the return date.
Any reply papers must be filed no later than seven (7) days prior to the return date.
Civil cases
Page 1 | DJMP Motions
A rejected infant-compromise application cannot be resubmitted as an amendment; a new application must be initiated.
Failure to timely and fully respond to the Court's request for additional/supplemental documentation may result in the application being rejected. Upon rejection, a new application must be initiated.
Civil cases
Page 1 | Infant Compromise
DJMP opposition papers must be filed no later than 14 days before the return date.
Any opposition papers must be filed no later than fourteen (14) days prior to the return date.
Civil cases
Page 1 | DJMP Motions
An interim-relief application noticed under 22 NYCRR 202.7(f) must be made before 3:00 p.m. Monday through Thursday or before noon on Friday.
When a party seeks interim relief and provides notice pursuant to the Uniform Rules for Trial Cts (22 NYCRR) § 202.7 (f), the time that the application will be made must be prior to 3 pm if on a Monday through Thursday, or prior to noon if on a Friday.
Civil cases
Page 1 | Orders to Show Cause
Unless the order or court provides otherwise, answering or opposing papers must be served and filed at least seven business days before the motion hearing.
Unless otherwise addressed in the Order to Show Cause, or directed by the Court, answering or opposing papers must be served and filed no later than seven (7) business days before the hearing date of the motion.
Civil cases
Page 1 | Orders to Show Cause
Part 17 opposition papers are due 14 days before the return date, and reply papers are due seven days before it.
Any opposition papers must be filed no later than fourteen (14) days prior to the return date. Any reply papers must be filed no later than seven (7) days prior to the return date.
Civil cases
Page 1 | Part 17 Motions
Failure to meet the DJMP filing deadline may result in denial of the motion or exclusion of opposition or reply papers.
Failure to comply with this requirement may result in the denial of the motion or any opposition or reply not being considered.
Civil cases
Page 1 | DJMP Motions
Submissions may be by hard copy following the calendar call, or via NYSCEF by 5:00 pm that same day.
Submissions may be by hard copy following the calendar call, or via NYSCEF by 5:00 pm that same day.
Civil cases
Page 1 | Orders
Service and Proof of Service Rules
Defense counsel must be noticed and attend infant-compromise hearings unless defense counsel makes a written, e-filed waiver of notice and appearance rights.
Defense counsel must be noticed on all applications/documents submitted to the court and must appear at the hearing unless such counsel has waived the right to receive notice and appear. All such waivers must be in writing and e-filed.
Civil cases
Page 1 | Infant Compromise
Adjournment & Extension Requirements
DJMP and Part 17 motion-adjournment requests and stipulations must state the basis for the request and include a Part Rules-compliant briefing schedule.
Requests and stipulations shall include the basis for the adjournment request and a briefing schedule compliant with the Part Rules requirements for timely submission of papers.
Civil cases
Page 1 | Adjournments of Motions in DJMP and Part 17
All other motion-adjournment requests must be made by 10:00 a.m. on the business day before the return date.
All other requests must be made by 10:00 am on the business day before the scheduled return date.
Civil cases
Page 1 | Adjournments of Motions in DJMP and Part 17
Failure to obtain documents served within 12 weeks or fewer of the inquest is not good cause for an adjournment.
Failure to obtain subpoenaed documents, where the subpoena was served 12 weeks or fewer prior to the scheduled inquest date shall not be deemed good cause.
Civil cases
Page 1 | Adjournments of Inquests
A first agreed motion adjournment must be requested by 4:00 p.m. on the business day before the return date.
Any request for a first adjournment of a motion that is on consent of all parties must be made by 4:00 pm the business day before the scheduled return date.
Civil cases
Page 1 | Adjournments of Motions in DJMP and Part 17
A DJMP inquest will not be adjournged without a showing of good cause.
Inquests will not be adjourned absent good cause shown.
Civil cases
Page 1 | Adjournments of Inquests
A second or later motion-adjournment request will not be granted, even with unanimous consent, absent good cause.
Second or subsequent requests for adjournments, even if on consent of all parties, will not be granted absent good cause shown.
Civil cases
Page 1 | Adjournments of Motions in DJMP and Part 17
A consented motion-adjournment request must include a proposed briefing schedule if the motion has not been fully briefed.
Requested adjournments that are on consent must include a proposed briefing schedule, to the extent that the motion has not been fully briefed.
Civil cases
Page 1 | Adjournments of Motions in DJMP and Part 17
Chambers Communication Rules
DJMP and Part 17 motion-adjournment requests and stipulations must be emailed to the appropriate part with all appearing parties copied.
Requests and stipulations for adjournments must be emailed to the appropriate Part’s email address, either KSCCVDJMP@nycourts.gov for the Default Judgment Motion Part (DJMP), or KSCCVPART17@nycourts.gov for Part 17. All appearing parties must be copied on such correspondence.
Civil cases
Page 1 | Adjournments of Motions in DJMP and Part 17
Both the Principal and Assistant Law Clerks must receive email notice of an interim-relief application at least 24 hours in advance.
In addition, both the Principal and Assistant Law Clerks must be notified by email at least 24 hours in advance of any such application.
Civil cases
Page 1 | Orders to Show Cause
A party objecting to an adjournment must email its basis to the part and copy all other parties by 2:00 p.m. the preceding business day; failure is deemed consent.
Parties objecting to an adjournment request shall email the basis for their opposition to the Part’s email address, copying all other parties, by 2:00 pm the business day before the scheduled return date. Failure to email by 2:00 pm will be deemed a consent to the adjournment.
Civil cases
Page 1 | Adjournments of Motions in DJMP and Part 17
Parties may contact chambers only when all appearing parties participate and only after consulting the Part Rules.
Communication with chambers are not permitted unless all appearing parties participate. In addition, parties must consult the Part Rules before contacting chambers.
Civil cases
Page 1 | Hon. Saul Stein: DJMP and IAS Part 17 Rules
DJMP inquest adjournment requests must be emailed to the DJMP address with all appearing parties copied; filing a request or stipulation only on NYSCEF is insufficient.
Requests for adjournments must be emailed to KSCCVDJMP@nycourts.gov. All appearing parties must be copied on such requests. The filing of a request or stipulation on NYSCEF will not suffice.
Civil cases
Page 1 | Adjournments of Inquests