Judge Anna M. Grimaldi
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Every adjournment request must include all attorneys on the case and all self-represented parties.
- Before requesting an adjournment from the court, the parties should make every effort to obtain the adversary's consent and provide several mutually agreeable dates and times, with motions held on Mondays and conferences on Thursdays.
- Adjournment requests made at the calendar call on the motion’s return date are subject to the court’s discretion.
- +4 more
Request must include
- Adjournment requests must be submitted by email no later than 24 hours in advance and must state the case name, index number, appearance date, and reason for the request.
Communication
Chambers
Document Format Requirements2 rules
4. All papers shall be bound and exhibits shall be clearly marked and tabbed or the papers will be rejected and returned.
- Binding
- Securely bound
Copies of relevant pages of deposition testimony quoted or referred to in the motion must be attached as separate exhibits to the motion, with the relevant language highlighted.
Document Filing Requirements14 rules
All adjournments requested on the basis of engagement of counsel require an Affirmation of Actual Engagement to accompany the request.
All motion papers (including opposition and reply) must state the sequence number on the first page.
If any expert witnesses are to be called, counsel shall provide the information required by CPLR 3101(d)(1)(I).
All trial exhibits shall be pre-marked for identification and, where possible, counsel shall stipulate to the admissibility of documents and records.
A Note of Issue must be filed prior to an inquest being held.
At the trial conference, counsel shall supply the Court with all pleadings, bills of particulars, witness lists, exhibit lists and any deposition transcripts that will be used at trial.
- Document
- Trial conference submission
Must include
- •Exhibit list
A sanctions application will not be considered unless the moving party first seeks withdrawal, discontinuance, or a required action, and includes proof of that request.
Court's wording
The Court will not consider an application for sanctions unless the moving Party first seeks withdrawal or discontinuance of the offending act or action or demands a required or necessary action which is refused. Proof of such request must be made a part of the sanction application.
A Proposed Verdict Sheet, jointly prepared by all counsel and self-represented parties, typewritten and in final form for presentation to the jury, shall be submitted by the date selected at the Trial Conference.
Counsel shall submit a brief written affirmation and/or memorandum of law setting forth the nature of the application and any supporting authority or case law.
Must include
- •Legal argument
Unless the CPLR permits otherwise, subpoenaed trial records must be sent to the Subpoenaed Records Room, and counsel must ensure their arrival before trial.
Court's wording
Except as otherwise permitted by the CPLR, subpoenaed records for trial must be sent to the Subpoenaed Records Room. Trial authorizations should be filled out accordingly. It is the responsibility of counsel to ensure that the subpoenaed records have arrived in the records room before trial.
Motions in Limine: Counsel shall notify the Court as soon as the trial assignment ===== PAGE 8 ===== is made, of any motions in limine and any supporting authority or case law.
Counsel must submit a complete list of requested jury charges, drawn from the current Pattern Jury Instructions (PJI) by the date selected at the Trial Conference . A charge conference will be scheduled at that time.
Before trial, counsel must confer in good faith to resolve exhibit objections and must notify the court if they cannot stipulate to an exhibit's admission.
Court's wording
Prior to trial (a) counsel shall confer in good faith in an effort to agree on the exhibits to be offered into evidence without objection and shall notify the Court of their inability to stipulate to the admission of any exhibits to be offered at trial. The Court will rule on the objections to the contested exhibits at the earliest possible time.
Exhibits not previously identified, which are to be used solely for credibility or rebuttal, need not be pre-marked.
Filing & Service rules
Electronic Filing Rules
A notice of appearance must be filed electronically through NYSCEF before the first appearance.
A notice of appearance shall be filed on NYSCEF prior to the first appearance.
Page 1 | APPEARANCES
Motions in limine should be e-filed on NYSCEF under the “Pre-Trial Memorandum” document type and emailed to the specified address.
Motions in limine should be e-filed as “Pre-Trial Memorandum” document type on NYSCEF and emailed to JudgeGrimaldiRemote@nycourts.gov.
Page 8 | TRIAL/HEARINGS — Motions in Limine
Filing Timing and Cure Windows
A summary judgment motion must be returnable no later than 90 days after the Note of Issue is filed.
Motions for summary judgment shall be returnable no later than 90 days after the filing of a Note of Issue.
Page 5 | MOTIONS
Service and Proof of Service Rules
Except in extraordinary circumstances causing significant prejudice, the moving party must email opposing counsel or the unrepresented opposing party at least 24 hours before presenting an emergency application, but the court may waive this notice in a true emergency.
Absent extraordinary circumstances that will result in significant prejudice (which must be set forth in detail in a supporting affidavit or affirmation), the moving party must advise opposing counsel (or the opposing party, if counsel has not appeared) by email at least 24 hours in advance of the date/time set for presenting the Emergency Application to the Court. The Court, in its discretion, may dispense with the 24-hour notice requirement in the event of a true emergency.
Page 6 | EX-PARTE APPLICATIONS/ORDERS TO SHOW CAUSE
For an Order to Show Cause motion, affidavits of service must be filed by the return date and service must follow the manner directed in the order.
If a motion has been brought by Order to Show Cause, affidavits of service are required to be filed prior to or on the return date. Service must be made in the manner directed in the Order to Show Cause or the application will not be heard.
Page 6 | EX-PARTE APPLICATIONS/ORDERS TO SHOW CAUSE
Filing Fees and Waivers
A stipulation of discontinuance must be accompanied by proof of County Clerk filing and payment of the applicable filing fee.
All stipulations of discontinuance must be accompanied by proof of filing with the County Clerk and payment of the appropriate fee (see CPLR§8020[d][1]).
Page 11 | SETTLEMENTS AND DISCONTINUANCES
Filing Bundling Requirements
Papers opposing a main motion must be submitted in a stand-alone document and may not be bundled into a cross-motion.
5. Cross-Motions: Cross-motions shall not be considered as opposition to main motions. Papers proffered in opposition to the main motion shall be contained in a stand alone document and not subsumed in a cross-motion.
Page 4 | MOTIONS
Papers opposing a cross-motion must be submitted in a stand-alone document and may not be bundled into a reply.
Likewise, papers proffered in opposition to a cross-motion shall be in a stand alone document and not submitted in a reply.
Page 4 | MOTIONS
Pre-Motion Conference Requirements
Before filing a discovery motion, counsel or a party must email the part, identify the issue, and request a conference call for the Court's assistance.
3. Discovery Motions: Prior to filing any discovery motion, counsel/parties must contact the part via email, setting forth the issue, and request a conference call for the Court’s assistance in resolving the issue.
Page 4 | MOTIONS
Counsel are strongly encouraged, but not required, to use the same pre-filing email and conference-call practice for non-discovery motions.
Counsel are strongly encouraged to follow this practice for all non-discovery motions as well in order to reduce the need for motion practice.
Page 4 | MOTIONS
Adjournment & Extension Requirements
Every adjournment request must include all attorneys on the case and all self-represented parties.
All requests must include all attorneys on the case and all self-represented parties.
Page 2 | ADJOURNMENTS
Adjournment requests must be submitted by email no later than 24 hours in advance and must state the case name, index number, appearance date, and reason for the request.
Requests for adjournments shall be made no later than 24 hours in advance by contacting the Part 35 email at JudgeGrimaldiRemote@nycourts.gov . The email shall state the name of the case, the index number, the date of the appearance and the reason for the adjournment.
Page 2 | ADJOURNMENTS
Trial dates generally will not be adjourned except for exceptional circumstances approved by the Judge.
4. Trial dates will not be adjourned barring exceptional circumstances approved by the Judge.
Page 3 | ADJOURNMENTS
Counsel and self-represented parties must appear as scheduled unless and until the Court grants an adjournment.
6. Unless/until the Court grants the adjournment, counsel and self-represented parties are required to appear on the scheduled date and time.
Page 3 | ADJOURNMENTS
No party has a right to an adjournment, and the Judge decides whether to grant one.
5. There are no adjournments as of right. All adjournments are at the discretion of the Judge.
Page 3 | ADJOURNMENTS
No trial adjournments will be granted except in emergency situations, and failure to be ready may result in default judgment or dismissal.
Adjournments: There will be no adjournments granted for any trial scheduled, except for emergency situations. Failure to be ready to proceed to trial may result in a judgment of default or a dismissal.
Page 10 | Adjournments
Adjournment requests made at the calendar call on the motion’s return date are subject to the court’s discretion.
Any requests for adjournments made at the calendar call on the return date of the motion will be ruled upon at the Court’s discretion.
Page 2 | ADJOURNMENTS
Before requesting an adjournment from the court, the parties should make every effort to obtain the adversary's consent and provide several mutually agreeable dates and times, with motions held on Mondays and conferences on Thursdays.
Counsel/parties shall make every effort to obtain consent from the adversary for any adjournment prior to making a request for an adjournment to the Court. Counsel/parties shall set forth several mutually agreeable dates and times for the adjournment in accordance with the following schedule: Motions are held on Mondays; and Conferences on Thursdays.
Page 2 | ADJOURNMENTS
Chambers Communication Rules
All attorneys and self-represented litigants must be included on any call or email, and ex parte emails will not be read.
All attorneys and/or self represented litigants must be included on any call or email. No ex parte emails will be read.
Page 1 | COMMUNICATION
Correspondence must be sent to the part email and include the case name and index number.
All correspondence shall be made to the part email and shall include the name and index number of the case.
Page 1 | COMMUNICATION
Chambers must not be called unless the court directs the party to do so.
DO NOT CALL CHAMBERS UNLESS DIRECTED TO DO SO BY THE COURT.
Page 1 | COMMUNICATION
The parties must not contact chambers or the part by phone about adjournments, and related voicemails will not be considered.
Please do not contact chambers or the part by phone concerning adjournments. All such communications or any voice mails left concerning same will not be considered.
Page 2 | ADJOURNMENTS
Technical difficulties with a remote conference should be reported by email to JudgeGrimaldiRemote@nycourts.gov.
Please email JudgeGrimaldiRemote@nycourts.gov if experiencing any technical difficulties.
Page 2 | REMOTE CONFERENCES
A movant’s withdrawal request may be sent to chambers by email or fax, and the request must be uploaded to NYSCEF.
If a motion is being withdrawn, a letter from the movant requesting withdrawal may be sent to chambers by email or fax and must be uploaded to NYSCEF.
Page 5 | MOTIONS
Motions in limine should be e-filed as “Pre-Trial Memorandum” document type on NYSCEF and emailed to JudgeGrimaldiRemote@nycourts.gov.
Motions in limine should be e-filed as “Pre-Trial Memorandum” document type on NYSCEF and emailed to JudgeGrimaldiRemote@nycourts.gov.
Page 8 | TRIAL/HEARINGS — Motions in Limine
If the parties cannot agree on the proposed verdict sheet, they must promptly email the court with the discrepancy and each party's position.
If the parties cannot agree on the proposed verdict sheet, the issue shall be promptly brought to the court’s attention, via the court’s e-mail, specifically stating the discrepancy and each party’s position on same.
Page 8 | TRIAL/HEARINGS — Proposed Verdict Sheet
Parties may request oral argument by emailing the part, but the Court may grant or deny the request and will notify the parties.
2. At the court’s discretion, the court may notice the parties for oral argument on a motion on a specified date and time. Parities may request oral argument on a motion by e-mailing the part. Upon consideration, the court may grant or deny such request and will advise the parties of same.
Page 4 | MOTIONS