New York Supreme Court, Monroe County Filing Timing and Cure Windows

CRITICALCivil cases

A stipulation of discontinuance must be filed with the Clerk or electronically within 60 days after notice to the Court that the case settled or was discontinued.

Should the case end with a stipulation of discontinuance, such stipulation must be filed with the Clerk (or e-filed) within 60 days of the notification to the Court that the case has settled or been discontinued.

CRITICALCivil cases

Unless otherwise noted, e-filing in cases subject to e-filing and governed by a court-imposed deadline must be completed by 4:00 p.m. on the deadline date.

For e-filed cases, and when the Court imposes a filing deadline, that e-filing MUST be completed by 4:00 p.m. on the day in question unless otherwise noted.

CRITICALCivil cases

If the parties do not comply with the discontinuance-filing requirement, the Court may order them to file the stipulation within 14 days after issuance of that order.

Failure to comply with this provision will lead to the Court issuing an order directing the parties to file a stipulation of discontinuance within fourteen (14) days of the issuance of the order.

CRITICALCivil cases

Any Order to Show Cause or motion must be submitted to the court no later than fourteen days before trial.

any Order to Show Cause or Motion must be submitted to this Court no later than fourteen (14) days prior to the trial.

CRITICALCivil cases

Deadline

24 hours

Unless the court directs otherwise or a briefing schedule has been set, reply papers are due 24 hours before the motion return-date time.

Unless otherwise directed by the Court, and to augment CPLR 2214 (b), reply papers are due twenty-four (24) hours before the return date time (unless a briefing schedule has been previously set).

CRITICALCivil cases

Responses and objections to motions in limine must be submitted seven days before the Pretrial Conference or they will be deemed waived.

Responses and objections thereto shall be submitted seven (7) days prior to the Pretrial Conference scheduled herein, or will be deemed waived.

CRITICALCivil cases

Each party must submit an ex parte settlement position at least 48 hours before the scheduled conference, excluding weekends.

At least forty-eight (48) hours prior to any scheduled conference (exclusive of weekends) each party shall submit, ex parte, their positions on settlement.

CRITICAL

Deadline

10 calendar days

Each party must provide the court with proposed video-recorded testimony and a transcript 10 calendar days before the pretrial conference.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court with a copy of any proposed video-recorded testimony along with a transcript thereof.

CRITICAL

Deadline

10 calendar days

All other witnesses must be disclosed to the court and opposing counsel at least 10 calendar days before the pretrial conference.

All other witnesses shall be disclosed to the Court and opposing counsel at least ten (10) calendar days prior to the Pretrial Conference scheduled herein.

CRITICAL

Deadline

7 calendar days

Responses and objections to motions in limine must be submitted 7 calendar days before the pretrial conference or they are waived.

Responses and objections thereto shall be submitted seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.

CRITICAL

Deadline

10 calendar days

Each party must provide paragraph-specific references to requested pattern jury instructions 10 calendar days before the pretrial conference.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court and opposing counsel with written paragraph-specific references to Pattern Jury Instructions that said party requests be provided by the Court to the jury.

CRITICAL

Deadline

7 calendar days

Objections to proposed jury verdict sheets must be written and submitted no later than 7 calendar days before the pretrial conference or they are waived.

Any objections thereto shall be made in writing no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.

CRITICAL

Deadline

10 calendar days

Each party must submit any motions in limine and an accompanying memorandum addressing anticipated legal or unique evidentiary issues 10 calendar days before the pretrial conference.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall submit any motions in limine and a memorandum that addresses each question of law or unique evidentiary issue that the party expects to arise at trial.

CRITICAL

A stipulation of discontinuance must be filed with the Clerk or electronically within 60 days after notice to the Court that the case has settled or been discontinued; the Court will provide a control date.

Should the case end with a stipulation of discontinuance, such stipulation must be filed with the Clerk (or e-filed) within 60 days of the notification to the Court that the case has settled or been discontinued. The Court will provide a control date by which the stipulation shall be filed.

CRITICAL

Deadline

7 calendar days

Objections to deposition designations must be written and provided to the court and opposing counsel no later than 7 calendar days before the pretrial conference or they are waived.

Any objections thereto shall be made in writing and provided to the Court and opposing counsel no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.

CRITICAL

Deadline

10 calendar days

Each party must provide written proposed jury verdict sheets to the court and opposing counsel 10 calendar days before the pretrial conference in hard copy and by email in MS Word or WordPerfect format.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide written Proposed Jury Verdict Sheets to the Court and opposing counsel in both hard copy form and via electronic mail to jpalmesa@nycourts.gov in MS Word or Wordperfect format.

CRITICAL

Deadline

10 calendar days

The parties must provide a list of all proposed marked exhibits to the court and opposing counsel 10 calendar days before the pretrial conference.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein the parties shall provide a list of all proposed marked exhibits to the Court and opposing counsel.

CRITICAL

Deadline

10 calendar days

Each party must provide deposition designations for proposed testimony 10 calendar days before the pretrial conference.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court and opposing counsel with Deposition Designations for any proposed testimony to be read pursuant to CPLR § 3117.

CRITICAL

Deadline

5 calendar days

Plaintiffs must deliver proposed witness dates and times to the court and opposing counsel 5 days before jury selection, and defendants 3 days before jury selection.

In addition, Plaintiff shall deliver a list with proposed dates and times for witness testimony to the Court with copy to opposing counsel five (5) calendar days prior to the commencement of jury selection and Defendant shall do the same three (3) calendar days prior to the commencement of jury selection.

CRITICAL

Deadline

45 calendar days

Unless previously disclosed under the scheduling order, plaintiffs must disclose expert witnesses 45 calendar days and defendants 30 calendar days before the pretrial conference.

If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses shall be disclosed by Plaintiff(s) forty-five (45) calendar days prior to the Pretrial Conference scheduled herein and by Defendant(s) thirty (30) calendar days prior to the Pretrial Conference scheduled herein.

CRITICAL

If the parties do not comply with the discontinuance-filing requirement, the Court may order them to file a stipulation of discontinuance within 14 days, and violation of that order may result in sanctions.

Failure to comply with this provision will lead to the Court issuing an order directing the parties to file a stipulation of discontinuance within fourteen (14) days of the issuance of the order. Violation of that order may lead to the imposition of sanctions.

CRITICAL

Summary-judgment motions must be submitted within 60 days after the note of issue is filed.

All motions for summary judgment must be submitted within 60 days of the filing of the note of issue.

WARNINGCivil cases

Untimely applications will not be considered absent a showing of good cause.

Untimely applications will not be considered by this Court except upon a showing of good cause

WARNINGCivil cases

The opposing parties' completed Case Information Statement is due at least two days before the scheduled conference.

The opposing party or parties shall complete the relevant information below not already completed and submit at least two (2) days in advance of the scheduled conference.

WARNINGCivil cases

For cases already assigned to Justice Doyle, the requesting party's Case Information Statement is due concurrently with the RJI; for newly assigned cases, it is due within seven days after chambers' notification and conference scheduling.

This statement shall be prepared by the party requesting the preliminary conference and submitted – on notice to the opposing party or parties - concurrently with the RJI for cases already assigned to Justice Doyle, or within seven (7) days of notification from chambers that the case has been assigned to Justice Doyle and the conference has been scheduled.

WARNING

Deadline

10 calendar days

Each party must provide the Court with proposed video-recorded testimony and, if possible, its transcript ten calendar days before the pretrial conference.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court with a copy of any proposed video-recorded testimony and transcript thereof if possible.

WARNING

A standard case must be resolved or have a Note of Issue filed within 12 months after the RJI is filed.

A standard case will either be resolved, or a Note of Issue filed within 12 months of filing an RJI, 8 months for a qualified “expedited” case, or 15 months for a “complex” case; all cases must be disposed of within 15 months of filing the Note of Issue.

WARNING

Deadline

5 calendar days

Plaintiff must deliver the proposed witness-testimony schedule five calendar days before jury selection, and Defendant must deliver it three calendar days before jury selection.

In addition, Plaintiff shall deliver a list with proposed dates and times for witness testimony to the Court with copy to opposing counsel five (5) calendar days prior to the commencement of jury selection and Defendant shall do the same three (3) calendar days prior to the commencement of jury selection.

WARNING

Deadline

10 calendar days

Responses and objections to motions in limine must be submitted no later than ten calendar days before the pretrial conference.

Responses and objections thereto shall be submitted no later than ten (10) calendar days prior to the Pretrial Conference scheduled herein.

WARNING

Deadline

30 calendar days

Any request to adjust these time frames should be made to the Court in writing within thirty (30) calendar days of the issuance of this Order.

Any request to adjust these time frames should be made to the Court in writing within thirty (30) calendar days of the issuance of this Order.

WARNING

Deadline

15 calendar days

Each party must submit all motions in limine no later than fifteen calendar days before the pretrial conference.

No later than fifteen (15) calendar days prior to the Pretrial Conference scheduled herein each party shall submit any and all motions in limine.

WARNING

Deadline

90 calendar days

Unless previously disclosed under the Scheduling Order, Plaintiff must disclose expert witnesses ninety calendar days before the pretrial conference and Defendant must disclose them sixty calendar days before it.

If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses shall be disclosed by Plaintiff(s) no later than ninety (90) calendar days prior to the Pretrial Conference scheduled herein and by Defendant(s) no later than sixty (60) calendar days prior to the Pretrial Conference scheduled herein.

WARNING

Opposing parties have 72 hours after submission of the proposed order to note objections.

Opposing parties shall have 72 hours after the proposed order is submitted to note any objections.

WARNING

Deadline

10 calendar days

The parties must provide the Court and opposing counsel with a list of all proposed marked exhibits ten calendar days before the pretrial conference, using exhibit numbers 1–499 for Plaintiff and 500–1000 for Defendant.

Ten (10) calendar days prior to the Pretrial Conference scheduled herein the parties shall provide a list of all proposed marked exhibits (numbers1-499 for plaintiff; numbers 500-1000 for defendant) to the Court and opposing counsel.