Judge Danielle M. Peterson
Individual Rules, Standing Orders & Policies
Adjournments
- Any adjournment of a deposition must be rescheduled to a date before the Compliance Conference.
- Conference adjournment requests must be submitted to chambers before the conference date, show good cause, include all parties' consent and two proposed dates no more than six weeks after the original date, use the Request for Adjournment Form, and be sent by email or fax.
- Counsel need not appear on a motion's return date unless the court directs appearance or the adjournment request is contested.
- +7 more
Request must include
Document Filing Requirements10 rules
6. Orders to Show Cause: Motions may be brought by Order to Show Cause only when there is genuine urgency, a stay is required, or a statute mandates so proceeding.
5. No sur-reply affidavit, affirmation or letter will be accepted or considered by the Court.
Accordingly, any application for temporary injunctive relief shall contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by giving notice.
In the absence of a showing of significant prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought.
Such notice shall set forth the date that the motion was submitted, what aspects of the motion have been settled, and what issues, if any, remain to be decided.
7. No Reply papers will be permitted on Orders to Show Cause.
11. Withdrawn Motions: If a motion is being withdrawn, a letter from the movant requesting withdrawal may be sent to chambers by email or fax and must be uploaded to NYSCEF.
D. No out of court settlement will be recognized or accepted unless counsel submits a letter, on notice to opposing counsel/parties, submitting the executed settlement agreement/stipulation or certifying that such agreement/stipulation has, in fact, been executed.
10. Interim Partial or Full Settlement: If all or part of a submitted motion is settled, a letter or stipulation shall be sent to the court, on notice to all parties/counsel, and same shall be uploaded to NYSCEF.
Oral argument of motions is generally not entertained, but a pro se party or counsel may request it by accompanying letter.
Court's wording
3. Oral Argument: The Court generally will not entertain oral argument of motions, however, a pro se party or counsel may request oral argument by letter accompanying the motion papers in accordance with 22 NYCRR 202.8-f.
Filing & Service rules
Electronic Filing Rules
Counsel must upload settlement documents within 20 days.
Counsel shall further upload settlement documents within 20 days.
Page 6 | Disposition of Cases
Counsel must obtain court permission before submitting evidentiary materials to NYSCEF unless the materials are exhibits to a formal motion or an approved filing.
Counsel must seek permission of the Court for the submission of “evidentiary” materials to NYSCEF, unless such materials are exhibits to a formally submitted motion or an approved filing.
Page 7 | F. Paper Submission to NYSCEF
Motions are to be uploaded to NYSCEF where appropriate.
1. Service: Motions are to be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.
Page 3 | Motions
The Court will not accept a fax or submission without prior permission unless the Part Rules allow it.
C. The Court will not accept a fax or submissions without prior permission, unless allowed by these Part Rules.
Page 4 | Communication with Chambers
Motions in limine should be e-filed as “Pre-Trial Memorandum” document type on NYSCEF and emailed to jjorgens@nycourts.gov and JudgePetersonRemote@nycourts.gov.
Motions in limine should be e-filed as “Pre-Trial Memorandum” document type on NYSCEF and emailed to jjorgens@nycourts.gov and JudgePetersonRemote@nycourts.gov.
Page 5 | Trials
Filing Timing and Cure Windows
Summary-judgment motions must be returnable no later than 60 days after the Note of Issue is filed.
12. Summary Judgment: Motions for summary judgment shall be returnable no later than 60 days after the filing of a Note of Issue.
Page 4 | Motions
Settlement documents must be uploaded within 20 days.
Counsel shall further upload settlement documents within 20 days.
Page 6 | Disposition of Cases
Absent an emergency, an Order to Show Cause will not be heard after 2:00 P.M., and all such orders will be heard the following day.
In the absence of an emergency, no Order to Show Cause will be heard after 2:00 P.M. All Orders to Show Cause will be heard the following day.
Page 7 | D.
Service and Proof of Service Rules
Notice should be given by telephone, facsimile and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.
Notice should be given by telephone, facsimile and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.
Page 3 | Motions
Motions must be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.
1. Service: Motions are to be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.
Page 3 | Motions
When significant prejudice is not shown, the party seeking temporary injunctive relief must give the opposing side 24 hours' notice before presenting the Order to Show Cause.
Where there has been no significant prejudice shown, the Court requires that the party seeking temporary injunctive relief give the opposing side 24 hours notice in advance of presentment of the Order to Show Cause to the Court.
Page 3 | Motions
Copies of communications to chambers must be simultaneously delivered to all counsel.
A. In all communications with chambers by letter, email or fax, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel.
Page 4 | Communication with Chambers
Compromise applications must be submitted through Special Term with proof of service on every remaining party.
All applications for court approval of a proposed compromise of an infant or other disabled party’s claim must be submitted through the Special Term, with proof of service on all remaining parties.
Page 7 | C. Compromise Applications
Pre-Motion Conference Requirements
Before filing a discovery motion, the moving party must make a genuine good-faith effort to resolve the dispute and, if unsuccessful, arrange a discovery conference among counsel for all parties and the court; one-sided letters alone will not suffice.
Prior to making or filing any discovery motions, counsel for the moving party MUST make a good faith effort to resolve the issues at hand, pursuant to 22 NYCRR 202.7(c) and Section 202.20-f. It is the policy of this Part to not accept letters as good faith efforts, unless a series of letters indicates an interaction among counsel and not just a one-sided request or threat. If after a true good faith effort to resolve the discovery issues has been made without success, counsel for the moving party MUST arrange for a conference to be held among counsel for all parties and the Court to discuss the issues involved and the possible resolution of those issues. Requests for discovery related conferences must be submitted on the Pre-Motion Discovery Conference Request Form attached at the end of this document, and must be sent to chambers by email or fax.
Page 2 | Motions
Before filing a discovery motion in this part, the requesting attorney or party must submit the completed conference request form and confer with the court regarding the discovery dispute.
NO DISCOVERY MOTIONS MAY BE FILED IN THIS PART WITHOUT FIRST SUBMITTING THIS FORM AND CONFERENCING THE MATTER WITH THE COURT.
Page 9 | Pre-Motion Discovery Conference Request Form - PART18
Adjournment & Extension Requirements
Motion adjournment requests must be submitted through the Courtroom clerk or by the Request for Adjournment Form to chambers before the return date.
4. Adjournments: Motion adjournment requests must be made through the Courtroom clerk of this part or by submitting to chambers the Request for Adjournment Form (included at the end of this document) prior to the return date.
Page 3 | Motions
Without consent to adjourn, all counsel or pro se parties must appear in person on the scheduled motion date regarding the adjournment.
If there is no consent to adjourn the motion, all counsel or pro se parties must appear in court in person regarding the adjournment on the scheduled motion date.
Page 3 | Motions
An adjournment request requires good cause, consent of all parties, and a proposed date certain requested when the adjournment is sought.
The Court will consider granting such request upon good cause shown and with consent of all parties. A date certain consented by all parties must be requested at the time the adjournment is sought.
Page 3 | Motions
Adjournment requests left on Chambers voicemail will be disregarded, and all adjournment requests must comply with the Part Rules.
Adjournment requests that are left on Chamber’s voicemail shall be disregarded. All requests for adjournments must be made in accordance with the directives of these Part Rules.
Page 5 | Communication with Chambers
A party requesting an adjournment of any conference or motion must complete this form in full.
THIS FORM MUST BE FILLED OUT COMPLETELY TO REQUEST AN ADJOURNMENT OF ANY CONFERENCE OR MOTION
Page 8 | REQUEST FOR ADJOURNMENT FORM - PART18
Every adjournment request must reach chambers by email or fax before 4:45 P.M. on the business day preceding the scheduled appearance.
ALL REQUESTS MUST BE RECEIVED BY EMAIL OR FAX TO CHAMBERS BEFORE 4:45 P.M. ON THE BUSINESS DAY PRIOR TO THE SCHEDULED APPEARANCE DATE.
Page 8 | REQUEST FOR ADJOURNMENT FORM - PART18
Any adjournment of a deposition must be rescheduled to a date before the Compliance Conference.
Any adjournment of deposition dates must be to a date which precedes the Compliance Conference date.
Page 1 | Preliminary Conferences
Conference adjournment requests must be submitted to chambers before the conference date, show good cause, include all parties' consent and two proposed dates no more than six weeks after the original date, use the Request for Adjournment Form, and be sent by email or fax.
Requests for adjournments of conferences must be made through chambers prior to the conference date. The Court will consider granting such requests upon good cause shown and the consent of all parties. Two proposed adjournments dates, no more than six weeks from the original date, consented to by all parties, must be provided at the time the adjournment is sought. Applications for adjournments must be made on the Request for Adjournment Form included at the end of this document and must be sent to chambers by email or fax. If any party or counsel objects to the adjournment of the conference, so state on the Request for Adjournment form and the Court will contact all parties. Kindly note that first requests for adjournments upon good cause are likely to be granted by the Court.
Page 2 | All Other Conferences
Counsel need not appear on a motion's return date unless the court directs appearance or the adjournment request is contested.
2. Appearances: Counsel are not required to appear on the return date of the motion unless directed by the Court or unless there is a contested application for adjournment.
Page 3 | Motions
The Court is inclined to grant each side one brief adjournment over objection upon good cause when it is that party's or counsel's first request.
The Court is inclined to allow each side a brief one time adjournment over objection upon good cause if it is the party/counsel’s first request for same.
Page 3 | Motions
Chambers Communication Rules
Communications to chambers by letter, email, or fax must include the action title, full party names, and index number, with simultaneous copies delivered to all counsel.
A. In all communications with chambers by letter, email or fax, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel.
Page 4 | Communication with Chambers
Counsel must notify Chambers of a settlement by email or fax and upload the settlement notice to NYSCEF.
If a pending action has been settled, counsel shall notify chambers by email or fax that the matter has been settled and shall upload such notice to NYSCEF.
Page 6 | Disposition of Cases
Parties requesting discovery-related conferences must submit the attached Pre-Motion Discovery Conference Request Form to chambers by email or fax.
Requests for discovery related conferences must be submitted on the Pre-Motion Discovery Conference Request Form attached at the end of this document, and must be sent to chambers by email or fax.
Page 2 | Motions
Applicants must use the Request for Adjournment Form and send it to chambers by email or fax.
Applications for adjournments must be made on the Request for Adjournment Form included at the end of this document and must be sent to chambers by email or fax.
Page 2 | All Other Conferences
Scheduling problems should be immediately brought to the Court’s attention.
Scheduling problems should be immediately brought to the Court’s attention.
Page 5 | Trials
When a significant reason is stated, a request to so order a stipulation may be sent to chambers by fax or email with a cover letter and copies to all counsel and pro se parties.
Should there be a significant reason that same is requested, the stipulation may be sent to chambers by fax or email with a cover letter requesting said relief, with copies to all counsel/pro se parties.
Page 7 | E. Stipulations to be “so ordered:”