Judge Catherine Rizzo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An adjournment request must be submitted by letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov with copies to all counsel and self-represented parties.
- An adjournment letter must state the action title and index number, current scheduled date, reason, consent or objection status, and proposed new date.
- Adjournment requests must be made by 3:00 PM on the day before the scheduled motion, conference, deposition, or hearing.
- +2 more
Request must include
Communication
Chambers
Phone
Clerk
Phone
Clerk
Page & Word Limits1 rule
Unless otherwise permitted by the Court, no affidavit, affirmation, brief, or memorandum of law in chief shall exceed 7,000 words. Each affidavit, affirmation, or memorandum of law more than 4,500 words shall include a bookmark providing a listing of the document’s contents. Reply papers may not exceed 4,200 words and shall not contain any arguments not raised in the memoranda in chief. The caption shall not count as part of the word count. Papers in excess of the above without express written permission from the Court will not be considered.
- Affidavit affirmation brief memorandum of law
- Up to 7,000 words
- Reply paper
- Up to 4,200 words
Excluded from word count
- •Caption
Document Format Requirements4 rules
Letters to the Court are limited to three pages.
Court's wording
All communications and correspondence to this Court shall be by email first, by way of letter, limited to three pages, uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties, and shall be emailed no later than 3:00 PM the day preceding the scheduled motion, conference, deposition or hearing, if applicable.
Every paper, other than an exhibit or printed form, shall contain writing on one side only. All papers shall be double spaced in length with 12-point font and one-inch margins. Print for footnotes shall be no smaller than 10-point font.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Formatting
- •Writing on one side only, except exhibits and printed forms
All hospital records and other evidence over 20 pages shall be Bate Stamped.
- More than 20 pages
Formatting
- •Bates Stamped
The working papers of the motion shall include all documents in support of the motion, including exhibits with external tabs.
- Motion
Formatting
- •Include all documents supporting the motion
- •Include exhibits with external tabs
Document Filing Requirements21 rules
This Court does not allow the submission of a sur-reply.
The letter shall state the time and date the phone call and/or email was placed, and whether or not the call and/or email was responded to, and shall attach a copy of the email. If applicable, the letter shall notify the court if the application for the stay or TRO is on consent, providing the name of counsel or self-represented party.
Counsel shall include a certification of the relevant word count with their submission.
- Document
- Submission
Must include
- •Word count
Failure to comply with the above mandate will result in the striking of the proposed stay or TRO.
All motions shall have the appropriate proof of service on all parties where required annexed to the motion as well as a proposed order with respect to the requested relief, except on dispositive motions which will not need a proposed order.
- Document
- Motion
Must include
- •Proposed order
- •Certificate of service
Should counsel or self-represented parties seek this court to “so order” a stipulation or subpoena, or other agreement, they shall request so by way of letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties. The letter shall provide the grounds upon which the party seeks to have the document “so-ordered.”
A proposed Infant’s Compromise Order must include the infant-plaintiff’s full name and the specified finding concerning confidential personal information.
Court's wording
A proposed Infant’s Compromise Order must include the full name of the infant-plaintiff and reference the following: “Confidential personal information is included in this Order upon the Court’s finding that good cause exists pursuant to 22 NYCRR §202.5[e][2], in that the inclusion of the full name and date of birth of the minor, as well as related information, is material and necessary to effectuate the terms of this Order.”
If the infant is fourteen years or older, an affidavit of consent from the infant must be included with the petition.
Infant compromise paperwork must include a medical report or affidavit addressing recovery, injuries, anticipated treatment, and applicable medical records.
Court's wording
The infant’s compromise paperwork submitted to the ICC must include, inter alia, (i) a medical report/affidavit indicating whether the inured infant plaintiff has fully recovered, and if not, the nature and extent of the injuries and anticipated future treatment, if any, and related medical records where applicable;
Infant compromise paperwork must include written proof from defense counsel settling the infant’s claim.
Court's wording
The infant’s compromise paperwork submitted to the ICC must include, inter alia, (i) a medical report/affidavit indicating whether the inured infant plaintiff has fully recovered, and if not, the nature and extent of the injuries and anticipated future treatment, if any, and related medical records where applicable; (ii) proof of settlement of the infant’s claim from defense counsel, in writing; and (iii) defense counsel’s waiver of appearance at the Infant’s Compromise Hearing, in writing.
On the first day of trial, counsel shall provide their previously exchanged CPLR §3101-d [expert disclosure] and identify each expert witness, and the length of their expected testimony, including direct examination, cross-examination and redirect, if any.
MEDICAL MALPRACTICE AND PERSONAL INJURY DAMAGES TRIALS. On the first day of trial after a jury has been selected, counsel shall provide, by way of letter, the plaintiff’s date of birth and the full name and expertise of each expert witness.
Should counsel be unable to submit a jointly prepared Proposed Verdict Sheet, each party shall submit one.
On the first day of trial after the jury has been selected, a Proposed Requests to Charge prepared jointly, with headings requested “Jointly” or “On Consent” and which charges are only requested by “Plaintiff” or “Defendant.” A reference ONLY to the then current PJI number and title will suffice.
On the first day of trial after a jury has been selected, a Proposed Verdict Sheet shall be prepared jointly.
In professional-negligence cases, the party bearing the burden must furnish the court and opposing counsel with a list of expert-tested departures from good and accepted practice, with page references when the testimony is transcribed.
Court's wording
Malpractice Departures. In cases involving claims of professional negligence, on the next trial session after party rests, or such other time as the Court may direct, counsel for the party who has the burden of proof shall furnish the Court, and counsel for the opposing party, with a list of the departures from the standards of good and accepted practice which that counsel who has the burden asserts were testified to by its expert witness or witnesses. Where the testimony has been transcribed, page references will be required.
Counsel shall pre-mark exhibits prior to openings with the court reporter.
Counsel must provide a Joint Evidence Log by email on or before 9:30 AM on the assigned pre-marking date, identifying each exhibit and its purpose; the log itself is not evidence.
Court's wording
Counsel shall provide a Joint Evidence Log to the court at JudgeRizzoRemote@nycourts.gov on or before 9:30 AM the date this Court assigns the day for pre-marking exhibits. The evidence log shall identify each exhibit as either marked in evidence, or marked for identification purposes; the purpose of each exhibit (for example plaintiff’s claim, defendant’s claim, defendant’s counter claim) and identify what each exhibit is or intends to demonstrate. The Joint Evidence Log itself will not be considered evidence.
Except otherwise permitted pursuant to CPLR, subpoenaed records for trial must be sent to the Subpoenaed Record Room. Trial authorizations should be filled out accordingly, counsel shall ensure that the subpoenaed records arrive at the courthouse prior to trial.
Counsel shall pre-mark evidence with the Part Clerk before a Court Reporter 9:30 AM the day prior to trial.
For non-jury trials, counsel must provide a Joint Evidence Log by email at 9:30 AM the day before trial, identifying each exhibit and its purpose; the log itself is not evidence.
Court's wording
Counsel shall provide a Joint Evidence Log to the court at JudgeRizzoRemote@nycourts.gov at 9:30 AM the day prior to trial. The evidence log shall identify each exhibit as either marked in evidence, or marked for identification purposes; the purpose of each exhibit (for example plaintiff’s claim, defendant’s claim, defendant’s counter claim) and identify what each exhibit is or intends to demonstrate. The Joint Evidence Log itself will not be considered evidence.
Filing & Service rules
Electronic Filing Rules
All motions, cross-motions, petitions, and orders to show cause must be electronically filed in accordance with current administrative orders and uploaded to NYSCEF.
All motions, cross-motions, petitions or orders to show cause must be E-Filed in accordance with the current Administrative Orders and must be uploaded to NYSCEF.
Page 3 | FILING OF MOTIONS
Self-represented parties may opt out of electronic filing, and counsel or self-represented parties in opt-out matters must deliver working hard copies of motions, oppositions, and replies to the Part Clerk.
E-Filing is not mandatory for self-represented parties who may opt-out-of E-Filing and refer to https://www.nycourts.gov/legacypdfs/courts/10jd/nassau/pdf/EFilingProtocol.pdf. Counsel and self- represented parties, on matters where the opt-out-provision for E-filing applies, shall deliver a working [hard] copy of any motion, opposition or reply papers to the Part Clerk, Third Floor, Room 313.
Page 3 | FILING OF MOTIONS
All subpoenas must be uploaded to NYSCEF and forwarded to the Nassau County Clerk for review and return to Chambers.
All subpoenas shall be uploaded to NYSCEF and forwarded to the Nassau County Clerk for review and return to Chambers.
Page 5 | D. SUBPOENAS
A so-order request letter must be uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, with copies to all counsel and self-represented parties.
Should counsel or self-represented parties seek this court to “so order” a stipulation or subpoena, or other agreement, they shall request so by way of letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties.
Page 5 | Requests to “So-Order.”
Counsel may e-file a redacted version of the proposed order on NYSCEF and email an unredacted version to 10JDNComp@nycourts.gov.
Counsel may e-file a redacted version of the proposed order on NYSCEF and email an unredacted version to 10JDNComp@nycourts.gov.
Page 4 | Infant Compromise Orders
Filing Timing and Cure Windows
In opt-out matters, the initial motion hard copy must be delivered before the return date, and all subsequent papers must be delivered no later than the submission date.
The initial motion must be delivered prior to the return date. All subsequent papers shall be delivered no later than the submission date.
Page 3 | FILING OF MOTIONS
At least 24 hours' prior notice of a stay or TRO application must be given by phone and email, with the email identifying the application, court date, time, and judge.
Thus, 24-hour prior notice (or more) by way of phone contact and e-mail where the subject of the email indicates clearly that an application for a stay or TRO will be made to the court, the date of the application, time, and Judge.
Page 4 | B. ORDERS TO SHOW CAUSE, APPLICATIONS FOR A STAY OR TEMPORARY RESTRAINING ORDER, (TRO)
Pre-Motion Conference Requirements
No discovery motion may be filed or served without prior written permission from the court.
Counsel and/or self-represented parties shall NOT FILE OR SERVE ANY DISCOVERY MOTION without obtaining prior written permission from this Court.
Page 3 | A. DISCOVERY MOTIONS
An order to show cause may be filed only for genuine urgency, when a stay is required, or when a statute mandates the proceeding; absent advance written permission, reply papers may not be submitted.
Orders to Show Cause shall only be filed where there is a genuine urgency, a stay is required or a statute mandates so proceeding. Absent advance written permission by the court, reply papers shall not be submitted on orders to show cause.
Page 3 | B. ORDERS TO SHOW CAUSE, APPLICATIONS FOR A STAY OR TEMPORARY RESTRAINING ORDER, (TRO)
A request for permission to file a discovery motion may be submitted by a letter uploaded to NYSCEF and emailed to the judge, copied to all counsel and self-represented parties, or made in person at a scheduled conference; the letter must describe good-faith efforts and requested documents, address whether a Jackson Affidavit was requested and, if applicable, not provided, and may not exceed three pages.
Permission to make a discovery motion may be made by way of letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties. The letter shall succinctly set forth the good faith efforts made to resolve the issue, identify the document(s) sought with particularity and specific identification, that a “Jackson Affidavit” was requested, and if applicable, not provided. The letter shall not exceed three pages. Permission to make a discovery motion may also be requested in person at a scheduled conference before the Court.
Page 3 | A. DISCOVERY MOTIONS
Adjournment & Extension Requirements
An adjournment request must be submitted by letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov with copies to all counsel and self-represented parties.
Any request to adjourn a motion, conference, deposition or hearing must be made by way of letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties.
Page 2 | ADJOURNMENTS
Only the Court may grant an adjournment; an unapproved stipulation cannot grant one.
Adjournment requests may only be granted by the Court, and not by stipulation that is not so-ordered.
Page 2 | ADJOURNMENTS
An adjournment letter must state the action title and index number, current scheduled date, reason, consent or objection status, and proposed new date.
All letters requesting an adjournment must have the title of the action and Index number; state the current date of the motion/conference/deposition/hearing; the reason for the adjournment; whether the request is made with the consent of the opposing counsel/self-represented parties, or over such objection, and the proposed new date.
Page 2 | ADJOURNMENTS
Adjournment requests must be made by 3:00 PM on the day before the scheduled motion, conference, deposition, or hearing.
All requests for adjournments must be made no later than 3:00 pm the day preceding the scheduled motion, conference, deposition, or hearing.
Page 2 | ADJOURNMENTS
A conference adjournment requires a showing of good cause.
Adjournments of conferences will be granted upon a showing of good cause.
Page 2 | ADJOURNMENTS
Chambers Communication Rules
All communications and correspondence to this Court shall be by email first, by way of letter, limited to three pages, uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties, and shall be emailed no later than 3:00 PM the day preceding the scheduled motion, conference, deposition or hearing, if applicable.
All communications and correspondence to this Court shall be by email first, by way of letter, limited to three pages, uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties, and shall be emailed no later than 3:00 PM the day preceding the scheduled motion, conference, deposition or hearing, if applicable.
Page 1 | COMMUNICATIONS
Counsel and self-represented parties may not call the Court or Part Clerk to confirm a court appearance or conference.
Counsel and/or self-represented parties shall not call this Court or the Part Clerk to confirm a court appearance or conference.
Page 1 | COMMUNICATIONS
Emails must not be sent directly to Justice Rizzo and must instead be addressed to JudgeRizzoRemote@nycourts.gov.
Do not email Justice Rizzo directly. All emails shall be addressed to JudgeRizzoRemote@nycourts.gov.
Page 1 | COMMUNICATIONS
The Court does not accept ex parte communications by email, telephone, letter, or any other method.
The Court will never accept any ex parte communication by way of email, telephone, letter, or otherwise made.
Page 1 | COMMUNICATIONS
Preliminary conferences are held only in the PC Part, and counsel and self-represented parties must consult that part for adjournments and inquiries at the listed phone number and email address.
Preliminary Conferences will be held in the Preliminary Conference (PC) Part ONLY . Counsel and/or self-represented parties shall consult the PC part for adjournments and all inquiries at (516) 493-3120 and pcconf@nycourts.gov.
Page 2 | ADJOURNMENTS
The court must be immediately notified by a letter uploaded to NYSCEF and emailed to the judge, with copies to all counsel and self-represented parties, of a settlement, motion withdrawal, death of a party, or bankruptcy petition.
The Court shall be advised IMMEDIATELY of any settlement, withdrawal of motion or any branch of such motion, notice of a deceased party or petition in bankruptcy by way of letter by way of letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties.
Page 4 | C. SUBMISSIONS AND OTHER MATTERS
By 9:30 A.M. on the first day of trial after jury selection, counsel must email the proposed requests to charge, proposed verdict sheet, and applicable previously exchanged CPLR § 3101-d expert disclosures to the court and copy all counsel or self-represented parties.
PROPOSED. On the first day of trial after a jury has been selected, by 9:30 A.M. emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties, counsel shall provide the Court with the proposed Requests to Charge (see 1. below), proposed Verdict Sheet (see 2. below), a copy of the parties’ previously exchanged §3101-d Expert Disclosures, if applicable (see 3. below).
Page 6 | E. TRIAL PART RULES
If eCourts does not confirm an appearance, a request for confirmation must be uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov with copies to all counsel and self-represented parties.
Should reference to e-courts not confirm an appearance, a letter requesting confirmation of a court appearance or conference shall be uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties.
Page 1 | COMMUNICATIONS
The Court will disregard communications raising substantive issues.
Any communication on substantive issues will be disregarded.
Page 1 | COMMUNICATIONS
The Court will disregard unauthorized communications.
Any unauthorized communication shall be disregarded.
Page 1 | COMMUNICATIONS
Counsel and self-represented parties must promptly exchange direct contact information and are expected to confirm scheduled appearances with each other in advance.
Counsel and/or self-represented parties shall promptly exchange email addresses and phone numbers with direct extensions if applicable, (not a general information number), and are expected to confirm all scheduled court appearances with each other prior to the court appearance.
Page 2 | COMMUNICATION BETWEEN COUNSEL AND SELF-REPRESENTED PARTIES
The moving party must email only the notice pages of a filed motion-related submission to the judge, copying all counsel and self-represented parties; working copies are not required.
THE MOVING PARTY SHALL EMAIL ONLY the “NOTICE” pages of any filed motion, cross- motion, petition or order to show cause to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties. This Court does not require working copies.
Page 3 | FILING OF MOTIONS
Counsel must notify the Part Clerk as soon as possible whether an interpreter is needed.
Counsel shall notify the Part Clerk as soon as possible as to whether an interpreter is needed.
Page 7 | INTERPRETER
Counsel must notify the Part Clerk as soon as practicable and no later than openings if a videotape, recording, display, or monitor will be used.
Counsel shall notify the Part Clerk as soon as practicable and no later than openings as to whether they will be using a videotape, recording, display or monitor.
Page 8 | USE OF VIDEOTAPES, RECORDINGS, DISPLAYS AND MONITORS
Counsel must notify the Part Clerk as soon as practicable and before pre-marking exhibits about any subpoenaed records.
Counsel shall notify the Part Clerk as soon as practicable and prior to pre-marking exhibits of any subpoenaed records.
Page 8 | SUBPOENAED RECORDS FOR TRIAL
Counsel and self-represented parties are expected to communicate courteously and consult in good faith before an application or court appearance.
Counsel and/or self-represented parties are expected to be courteous, civil and respectful with each other and the Court, and are expected to consult each other in good faith prior to any application or court appearance.
Page 1 | COMMUNICATION BETWEEN COUNSEL AND SELF-REPRESENTED PARTIES
Motions, cross-motions, petitions, and orders to show cause are generally submitted without an appearance unless the Court directs otherwise.
All motions, cross-motions, petitions, or orders to show cause are on submission only, no appearance is necessary, unless otherwise directed.
Page 2 | MOTIONS, CROSS-MOTIONS, PETITIONS AND ORDERS TO SHOW CAUSE
Self-represented parties may contact the Court Information Center for assistance at (516) 493-3200.
Self-represented parties may seek assistance from the Court Information Center at (516) 493-3200.
Page 2 | COMMUNICATION BETWEEN COUNSEL AND SELF-REPRESENTED PARTIES
A party may request oral argument by uploading a letter to NYSCEF and emailing it to the judge with copies to all counsel and self-represented parties; the court decides case by case and counsel must be prepared to argue and possess settlement authority if scheduled.
Any party may request oral argument of a motion by way of letter uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties. Either upon receipt of a letter requesting oral argument of a motion, or after a review of the submitted motion, this Court will determine, on a case-by-case basis, whether oral argument will be heard and will advise counsel when they shall appear. Should this Court schedule oral argument, counsel shall be prepared to argue the motion, discuss resolution of the issue presented and have settlement authority.
Page 3 | ORAL ARGUMENT