Judge Christopher T. McGrath
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A written motion-adjournment request must be uploaded to NYSCEF and emailed to JudgeMcGrathRemote@nycourts.gov before the motion's return date, with copies to all counsel and pro se litigants.
- Only the Court may grant an adjournment; counsel cannot grant one by stipulation.
- An adjournment application must state the current return date, reason for the request, opposing parties’ position, requested length, and prior adjournment requests and dates.
- +2 more
Request must include
- A conference-adjournment request must be submitted in writing through NYSCEF and copied to chambers at least 24 hours before the scheduled conference.
Communication
Chambers, Duty Judge
Phone
Clerk
Page & Word Limits1 rule
Except for good cause shown, no affirmation or affidavit shall exceed 20 pages.
- Affirmation or affidavit
- Up to 20 pages
- Affirmation
- Affidavit
Document Format Requirements10 rules
All exhibits must be legible and labeled with external tab markings.
All motion papers and Orders to Show Cause must be typewritten (minimum 12-point type), double-spaced, securely bound and entirely legible.
- Font size
- At least 12 points
- Line spacing
- Double
- Binding
- Securely bound
- Motion
Formatting
- •Must be typewritten and entirely legible
Any submission over 1/2-inch thick must be acco-fastened, not stapled.
Plaintiffs shall designate exhibits by number; Defendants shall designate exhibits by letter.
If counsel wishes to provide the Court with video or photograph exhibits, said exhibit(s) are to be provided to the Court on a USB drive.
Reference to exhibits longer than ten (10) pages shall indicate the page number on which the information cited is contained. Should the exhibit not contain page numbers, the exhibit shall be bates-stamped.
- Exhibits
- More than 10 pages
Formatting
- •An exhibit without page numbers must be Bates-stamped
The requested-jury-charge list must be submitted in Microsoft Word format.
- File type
- Word
- Jury charge list
Court's wording
a complete list of requested jury charges, drawn from the Pattern Jury Instructions (PJI) of the then-current year, including departures if the trial involves claims of professional negligence, must be submitted by email in Microsoft Word format to the remote email (JudgeMcGrathRemote@nycourts.gov)
Each side’s alternative Proposed Verdict Sheet must be prepared in Microsoft Word format.
- File type
- Word
- Proposed verdict sheet
Court's wording
If counsel/pro se (self-represented) litigant(s) cannot agree to the questions to be posed to the jury prior to the Pre-Trial Conference, each side shall submit a Proposed Verdict Sheet by email in Microsoft Word format to the Court’s remote email (JudgeMcGrathRemote@nycourts.gov).
The Proposed Verdict Sheet must be prepared in Microsoft Word format.
- File type
- Word
- Proposed verdict sheet
Court's wording
A Proposed Verdict Sheet, jointly prepared by all counsel/pro se (self-represented) litigant(s) must be submitted by email in Microsoft Word format to the Court’s remote email (JudgeMcGrathRemote@nycourts.gov), as directed but the Court and no later than the first Pre-Trial Conference before this Part.
Exhibit lettering or numbering should not begin anew for subsequent papers submitted by the same party.
Document Filing Requirements24 rules
Adjournments requested because of engagement of counsel must be accompanied by an Affirmation of Engagement in conformity with 22 NYCRR 125.1.
After the Court conferences the matter and if the Court grants leave of court to file a discovery motion, any discovery motion must state that this procedure has been complied with.
By the Pre-Trial Conference, counsel or self-represented parties must electronically file and provide the Court with a working copy of marked pleadings and incorporated exhibits, bills of particulars, applicable expert disclosures, a probable trial witness list, and applicable prior decisions or orders.
Court's wording
On or before the Pre-Trial Conference, Plaintiff’s counsel, Defendant’s counsel (or pro se (self-represented) parties) must file via NYSCEF and provide the Court with a working copy of the following: 1. Marked pleadings in accordance with CPLR Section 4012, including copies of any exhibits incorporated by reference in the pleadings; 2. A copy of all bill(s) of particulars; 3. A copy of all expert disclosures served pursuant to CPLR Section 3101(d) (if applicable); 4. A list of probable trial witnesses; 5. A copy of all prior Decisions or Orders on motions issued in the case (if applicable);
Counsel and pro se (self-represented) litigant(s) are not permitted to file a Note of Issue in any action unless permission to do so is granted by the Court.
If counsel did use AI in preparation of the motion papers, counsel must then submit an affirmation that all case law and other references provided by AI were thoroughly checked for accuracy and validity.
- Document
- Motion
Must include
- •AI disclosure
Counsel must upload a certification that Artificial Intelligence (AI) has not been used.
All voluntary discontinuances not agreed upon by all parties to the action shall not be so-ordered without a motion.
An “Emergency” Order to Show Cause requires a special affidavit based upon personal knowledge and an affirmation explaining in detail the nature of the emergency.
Each branch of relief in a notice of motion or order to show cause must be numbered or lettered to match the supporting affirmation or affidavit paragraphs addressing that relief.
Court's wording
In addition, the various branches of the motions as delineated in the Notice of Motion or Order to Show Cause are to be preceded by a number or letter which corresponds to a number or letter in the supporting affirmations and affidavits containing the numbered paragraphs dealing with the particular relief sought.
(iii) defense counsel’s waiver of appearance at the Infant’s Compromise Hearing, in writing.
All applications for Court approval of a proposed compromise of an infant’s claim must be submitted through the Infant’s Compromise Clerk (“ICC”).
A proposed Infant’s Compromise Order must include the full name of the infant-plaintiff and reference therein the following:
(i) a medical report/affidavit indicating whether the injured 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;
Infant Compromise petitions must comply with CPLR 1207, 1208, and 22 NYCRR 202.67.
Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will be returned unsigned unless an Affidavit of Service and Notice of Settlement for a date designated in accordance with 22 NYCRR 202.48 has been included.
- Document
- Orders judgments counter orders and counter judgments
Include
- •Certificate of service
All trial exhibits, whether the parties stipulate to admit them into evidence or not, shall be pre-marked with the Court reporter.
a complete list of requested jury charges, drawn from the Pattern Jury Instructions (PJI) of the then-current year, including departures if the trial involves claims of professional negligence, must be submitted by email
All subpoenas seeking the production of medical (or other) records subject to the HIPAA Rules shall attach a duly executed authorization permitting the release of such records.
If the infant is fourteen years or older, an affidavit of consent from the infant must be included in the submitted papers.
All counsel and self-represented litigants must jointly prepare and submit a Proposed Verdict Sheet by email in Microsoft Word format no later than the first pretrial conference.
Court's wording
A Proposed Verdict Sheet, jointly prepared by all counsel/pro se (self-represented) litigant(s) must be submitted by email in Microsoft Word format to the Court’s remote email (JudgeMcGrathRemote@nycourts.gov), as directed but the Court and no later than the first Pre-Trial Conference before this Part.
If the parties cannot agree on jury questions before the pretrial conference, each side must submit its own Proposed Verdict Sheet by email in Microsoft Word format.
Court's wording
If counsel/pro se (self-represented) litigant(s) cannot agree to the questions to be posed to the jury prior to the Pre-Trial Conference, each side shall submit a Proposed Verdict Sheet by email in Microsoft Word format to the Court’s remote email (JudgeMcGrathRemote@nycourts.gov).
All papers which are submitted for signature by the Court shall be identified on the signature page so that the document being signed by the Court can be identified. Example: Jones v. Jones, Index #/year, Type of Document.
- Document
- Papers submitted for signature
- Placement
- Signature block
Parties seeking oral argument of a motion may request that oral argument be heard by stating “Oral Argument Requested” above the Index Number on the first page of the papers submitted.
- Document
- Motion
- Placement
- First page
Include
- •Oral Argument Requested
Filing & Service rules
Electronic Filing Rules
Documents in mandatory e-filed cases must be filed through NYSCEF unless the documents are subject to the stated opt-out or withheld-consent exceptions.
All documents in mandatory e-filed cases, except documents subject to the opt-out provision of Section 202.5-bb of the Uniform Rules for the New York State Trial Courts, or documents subject to e-filing in which consent is being withheld, are to be filed through the New York State Courts E-Filing System (NYSCEF).
Page 1 | II. E-Filing Rules
All submissions to the Court must be filed electronically.
All submissions to the Court must be electronically filed.
Page 2 | II. E-Filing Rules
The motion's affidavit of service must be included in the motion papers and separately uploaded to NYSCEF before the motion is submitted.
In addition to being part of the motion papers, the affidavit of service of the motion must be separately uploaded to NYSCEF prior to submission of the motion.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules, 4
A request to have a subpoena so-ordered must be uploaded through NYSCEF with the subpoena; email requests are not accepted.
Counsel seeking to have a subpoena so-ordered must upload the subpoena via NYSCEF with a request to so-order. Requests to so-order subpoenas will not be accepted via email.
Page 8 | VI. Trials and Hearings
Service and Proof of Service Rules
All correspondence to the Court must be copied to all adversary counsel and self-represented litigants.
All correspondence to the Court shall, without exception, be copied to all adversary counsel and pro se (self-represented) litigant(s).
Page 1 | I. Communications with the Court
Motions must be served and filed in conformity with CPLR 2214.
Motions are to be served and filed in conformity with CPLR 2214.
Page 7 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Courtesy Copy Requirements
Working copies of motions ordinarily are not required, but must be provided if the Court requests them.
No working copies of motions are required unless otherwise requested by the Court.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules, 7
Sealing & Redaction Procedures
No case or portion of a case may be sealed without adequately showing good cause.
No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).
Page 2 | II. E-Filing Rules
Pre-Motion Conference Requirements
Parties must attempt to resolve a discovery dispute before filing any discovery motion, including a motion to vacate the Note of Issue.
The parties are not to make any motion concerning discovery, including motions to vacate the Note of Issue, without having first attempted to resolve the issue.
Page 3 | III. Court Conferences
A discovery motion may not be submitted without the required conference.
There shall be no submitted discovery motions in the absence of a Conference (see Rule III(E) above).
Page 7 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Adjournment & Extension Requirements
A conference-adjournment request must be submitted in writing through NYSCEF and copied to chambers at least 24 hours before the scheduled conference.
A request to adjourn a conference must be made in writing, by uploading to NYSCEF and copy to JudgeMcGrathRemote@nycourts.gov at least twenty-four (24) hours in advance of the scheduled conference.
Page 2 | III. Court Conferences
Only the Court may grant an adjournment; counsel cannot grant one by stipulation.
Adjournment requests may only be granted by the Court, not by stipulation of counsel.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — B. Adjournments of Motions
A written motion-adjournment request must be uploaded to NYSCEF and emailed to JudgeMcGrathRemote@nycourts.gov before the motion's return date, with copies to all counsel and pro se litigants.
A request to adjourn a motion must be made in writing and transmitted to Chambers by letter uploaded to NYSCEF, and email a copy to JudgeMcGrathRemote@nycourts.gov, prior to the return date of the motion, and copied to all counsel and pro se (self-represented) litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — B. Adjournments of Motions
An adjournment application must state the current return date, reason for the request, opposing parties’ position, requested length, and prior adjournment requests and dates.
All applications for adjournments must set forth: (1) the current return date; (2) the reason why an adjournment is necessary; (3) whether the opposing party(ies) consent(s) or object(s) to the application; (4) the length of the adjournment sought; and (5) the number of prior requests for adjournment and the dates previously set.
Page 7 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
An adjournment letter request or response may not advocate the requesting party’s position on the underlying dispute and may address only why consent was declined.
The letter request and the response, if any, are not to be used to advocate a position on the substantive dispute and shall address only the reason that consent for the requested adjournment is being declined.
Page 7 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Scheduled trial and hearing dates will be maintained unless an extraordinary showing of good cause supports changing the date.
Scheduled trial and hearing dates will be adhered to except for the most extraordinary good cause shown.
Page 8 | VI. Trials and Hearings
Chambers Communication Rules
Preliminary Conference adjournment requests must be directed to the DCM Clerk’s office or Preliminary Conference Part at the stated telephone number.
Accordingly, PC adjournment requests are to be addressed to the DCM Clerk’s office or Preliminary Conference Part at (516) 493-3120.
Page 3 | III. Court Conferences
An in-person appearance with oral argument is required for an Order to Show Cause unless the Court directs otherwise.
All Orders to Show Cause will require an in-person appearance with oral argument unless otherwise directed by the Court.
Page 5 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules
Unless extremely unusual circumstances would cause significant prejudice, opponents must receive at least 24 hours' advance notice of an Order to Show Cause seeking emergency relief and be advised of the right to be heard.
Unless there are extremely unusual circumstances in which significant prejudice (set forth in detail in a supporting affidavit/affirmation) will result, opposing counsel or parties are to be advised at least 24 hours in advance of the date and time that any Order to Show Cause which includes a request for a Temporary Restraining Order or other emergency relief is being presented to the Court in accordance with 22 NYCRR 202.7(f) and is to be advised that he/she has the right to be heard on the application.
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An opponent seeking oral argument on a TRO or other emergency request must act immediately upon receiving the required notice, upload a letter to NYSCEF, email JudgeMcGrathRemote@nycourts.gov, and notify all counsel and pro se litigants.
If the opposing party requests oral argument concerning the request for a Temporary Restraining Order or other emergency relief, said request shall be made immediately upon receipt of notice required by 22 NYCRR 202.7(f) via letter uploaded to NYSCEF and email copy to JudgeMcGrathRemote@nycourts.gov on notice to all counsel/pro se (self-represented) litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules, 6
Counsel must promptly notify the Court in writing when a motion or part of it is resolved, withdrawn, or rendered moot because of settlement or another resolution.
Counsel must advise the Court, in writing, and as soon as practicable, if any submitted or unsubmitted motion, or portion thereof, has been resolved, withdrawn, or rendered moot because the case is settled, or an issue is otherwise resolved.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules, 5
A complete jury-charge list drawn from the current Pattern Jury Instructions, including professional-negligence departures when applicable, must be emailed in Microsoft Word format to the stated remote address no later than the first pretrial conference.
Once a matter is assigned to this Part for trial, a complete list of requested jury charges, drawn from the Pattern Jury Instructions (PJI) of the then-current year, including departures if the trial involves claims of professional negligence, must be submitted by email in Microsoft Word format to the remote email (JudgeMcGrathRemote@nycourts.gov), as directed by the Court and no later than the first Pre-Trial Conference before this Part.
Page 8 | VI. Trials and Hearings
All correspondence to this part should be filed via NYSCEF and copied via email to JudgeMcGrathRemote@nycourts.gov.
All correspondence to this part should be filed via NYSCEF and copied via email to JudgeMcGrathRemote@nycourts.gov.
Page 1 | I. Communications with the Court
Telephone calls to court staff are permitted only for urgent situations requiring immediate attention.
Telephone calls to Court staff are permitted only in urgent situations requiring immediate attention.
Page 1 | I. Communications with the Court
The attorney whose oral-argument request is granted must notify all other attorneys of the scheduled argument, with possible sanctions for failure.
It is the responsibility of that person to inform all other attorneys of the date and time set, and failure to do so may result in sanctions.
Page 5 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules
The Court may waive the 24-hour notice requirement when it determines that a true emergency exists.
In a true emergency, the Court, in its discretion may dispense with the 24-hour notice requirement.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules, 6
Counsel must check in with the Part Clerk at the start of each trial date so the clerk knows counsel is present.
Check in at the start of trial each date so that the Part Clerk is aware of your presence.
Page 8 | VI. Trials and Hearings
A party may state the reason for objecting to an adjournment request by email to the chambers address.
A party objecting to an adjournment request may succinctly provide the reason for objecting via email to JudgeMcGrathRemote@nycourts.gov.
Page 2 | III. Court Conferences
Oral argument is not required for a motion unless the Court directs it.
There will be no oral argument required on any motion unless directed by the Court.
Page 5 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules