Judge David J. Gugerty
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Exhibits
Adjournments
- An adjournment request must be based on a valid reason, be on consent, and be emailed with three or four proposed dates acceptable to all parties.
- Trials proceed daily until conclusion, and trial adjournments or delays are barred except in exigent circumstances.
- Preliminary conferences cannot be adjourned.
- +2 more
Request must include
Communication
Chambers, Duty Judge
Phone
Document Format Requirements1 rule
All trial/hearing exhibits, whether the parties stipulate to admit them into evidence or not, shall be pre-marked by the court reporter. Exhibits should be Bates stamped where possible.
- Exhibits
Formatting
- •Bates stamped where possible
Document Filing Requirements14 rules
All motions, except for annual and final accounts, shall be filed via order to show cause.
Pre-trial memoranda providing the Court with cited case law to be considered by the Court shall be submitted via email at least 48 hours in advance.
Each motion in limine requires a separate brief written affirmation describing the application and supporting law, with an original and copy for the Court and copies for all counsel.
Court's wording
Any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the Court with an original and a copy and provide counsel for all parties with a copy. There shall be a separate affirmation for each motion in limine.
All orders to show cause must comply with Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.7(d).
Infant compromise submissions must include a medical report or affidavit, related medical records when applicable, written proof of settlement from defense counsel, and defense counsel’s written waiver of appearance at the hearing.
Court's wording
C. The infant’s compromise paperwork submitted to the ICC must include, inter alia, (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; and (iii) defense counsel’s waiver of appearance at the Infant’s Compromise Hearing, in writing. Such paperwork must also otherwise comply with all applicable rules concerning the compromise of an infant’s claim.
A. All applications for Court approval of a proposed compromise of an infant’s claim must be submitted through the Infant’s Compromise Clerk (“ICC”) (telephone no. 516-493-3049).
The Court will not accept medical reports/affidavits executed more than six months prior to the submission date. The report must indicate whether the injured plaintiff has fully recovered, and if not, the nature and extent of the injuries and the costs of future treatment.
A proposed Infant’s Compromise Order must include the infant plaintiff’s full name and the quoted good-cause language concerning confidential personal information.
Court's wording
B. A proposed Infant’s Compromise Order must include the full name of the infant plaintiff and reference therein 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”.
An urgent conference request should be submitted as a completed conference request form by email to chambers.
Court's wording
For urgent matters requiring immediate attention, parties should email chambers a completed conference request form that can be found on the Supreme Court’s website.https://ww2.nycourts.gov/sites/default/files/document/files/2020- 04/Email%20Request%20For%20Conference%20Form.pdfhttps://ww2.nycourts.gov/sites/ default/
A list of proposed witnesses with addresses and phone numbers for the Clerk’s information should be provided two days before the hearing along with cell phone numbers of counsel. This information should also be emailed to the judgegugertyremote@nycourts.gov mailbox and Jamie Corsitto, Sr. Court Clerk, jcorsitt@nycourts.gov.
Objections should be stated without argument except to state the grounds, e.g., hearsay, relevance, etc. If further argument is appropriate, it will be invited by the Court.
A list of expert witnesses with copies of their reports.
All motions, cross-motions, and ex parte applications must comply with 22 NYCRR §§ 202.5 and 202.7, and noncompliant papers may be rejected.
Court's wording
J. All motions, cross motions, and ex parte applications submitted shall be in compliance with Uniform Rules for the Supreme and the County Court (22 NYCRR) §§ 202.5 and 202.7. Any failure to comply with the requirements of this section may result in the rejection of the non-complying papers.
A statement of stipulated facts. Parties are encouraged to stipulate to facts and/or exhibits.
Filing & Service rules
Electronic Filing Rules
Motions, orders, and judgments must be filed with the Clerk’s Office through NYSCEF rather than sent directly to chambers unless the Court directs otherwise.
Counsel shall not send motions, orders or judgments directly to chambers unless directed to do so by the Court. These papers are to be filed with the Clerk’s Office through NYSCEF.
Page 1 | II. Orders to Show Cause - Motions - Adjournments
All submissions must be filed electronically; hard copies are unnecessary and will not be accepted.
E. All submissions must be e-filed and hard copies are not necessary nor will they be accepted.
Page 5 | ELECTRONIC FILING RULES AND PROTOCOLS
All paper cases must be converted to e-filing, and parties in non-e-filed cases must complete and file the EF-10 Stipulation and Consent to E-filing through EDDS.
B. All paper cases must be converted to e-file. Parties on non e-filed cases must complete the EF-10 Stipulation and Consent to E-filing found on the e-filing website (link below) and file it with the EDDS (Electronic Document Delivery System) website (link below).
Page 5 | ELECTRONIC FILING RULES AND PROTOCOLS
All trial exhibits must be electronically filed and mailed to the court in advance, with copies made for all adverse parties.
All exhibits must be e-filed and mailed to the Court in advance with copies made for all adverse parties
Page 7 | TRIAL RULES
Filing Timing and Cure Windows
Motions must be returnable on Thursday, and noncompliant motions may be rejected from the calendar or otherwise sanctioned.
Motions must be made returnable on a Thursday. Noncompliance may result in sanctions, including the motion not being calendared.
Page 4 | PRELIMINARY CONFERENCE
Summary judgment motions generally must be filed within 60 days after the Note of Issue is filed, unless the court grants leave for good cause shown.
Pursuant to CPLR 3212(a), summary judgment motions shall be filed no later than sixty (60) days after the filing of the Note of Issue, except with leave of court on good cause shown (see Brill v City of New York, 2 NY3d 648 [2004]).
Page 4 | PRELIMINARY CONFERENCE
Service and Proof of Service Rules
The movant must mail notice to all self-represented parties before the scheduled Microsoft Teams meeting and provide proof of that notice.
I. Movant must notify all self-represented parties, with proof of said notice on the Microsoft Teams scheduled day and time, by printing and mailing the invitation to the self-represented parties, prior to the Microsoft Teams meeting.
Page 5 | I. Communication with Chambers
Service under CPLR 2214 and 2215 is strictly enforced; sur-replies and papers submitted after a motion is marked submitted require express court leave.
K. Service requirements under CPLR 2214 and 2215 will be strictly enforced. No sur-reply papers will be considered without express leave of the Court. No papers shall be accepted after a motion is marked submitted, without express leave of the Court.
Page 5 | II. Orders to Show Cause - Motions - Adjournments
Applications concerning an infant or other disabled party’s compromise must be submitted through Special Term with proof of service on all remaining parties, compliance with specified provisions, and a proposed distribution of net proceeds.
D. 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. Compliance with the provisions of CPLR 1207, 1208 and 22 NYCRR § 202.67 and a proposed distribution of net amounts to be recovered by the disabled plaintiff that is consistent with the provisions of CPLR 1206 is required.
Page 6 | INFANT’S COMPROMISE
Courtesy Copy Requirements
A courtesy copy of each exhibit intended for introduction at a trial or hearing must be provided to the Court and each counsel.
A courtesy copy of each exhibit intended to be introduced into evidence at trial/hearing for the Court and each counsel.
Page 2 | VII. Guardianship Hearing/Civil Trial Rules, 4. Exhibits
Sealing & Redaction Procedures
Counsel must redact all evidence.
Counsel are responsible for redaction of all evidence.
Page 3
Filing Bundling Requirements
All exhibits must be tabbed or placed in a binder for easy reference.
All exhibits shall be tabbed or included in a binder for easy reference.
Page 2 | VII. Guardianship Hearing/Civil Trial Rules, 4. Exhibits
Pre-Motion Conference Requirements
Before filing a discovery-related motion, a party must email the judge a completed conference request form summarizing the issues and attaching a good-faith affirmation detailing prior discovery efforts; conclusory or pro forma submissions do not suffice, and a motion without the conference request will not be scheduled.
Prior to filing a discovery related motion, including motions to strike, restore, preclude, and compel, the parties must send an email to judgegugertyremote@nycourts.gov, attaching a completed conference request form that includes a summary of the discovery related issues, and an affirmation of good faith in compliance with the New Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.20-f, setting forth, in detail, the efforts made by the attorney/party requesting the conference to obtain discovery pri or to requesting judicial intervention. Conclusory statements, or pro forma letters or emails will not satisfy this requirement. Failure to request a conference prior to the filing of a discovery related motion will result in the motion not being scheduled.
Page 4 | PRELIMINARY CONFERENCE
Adjournment & Extension Requirements
Trials proceed daily until conclusion, and trial adjournments or delays are barred except in exigent circumstances.
Trials will be conducted on a continual daily basis until conclusion. As such, no adjournments or delays during trial will be accepted unless exigent circumstances exist.
Page 3
Preliminary conferences cannot be adjourned.
Preliminary conferences will not be adjourned.
Page 4 | PRELIMINARY CONFERENCE
Discovery, Certification, and Note of Issue deadlines will be enforced and may be extended only with Court approval.
Discovery, Certification, and Note of Issue deadlines, will be enforced, and may not be extended without Court approval.
Page 4 | PRELIMINARY CONFERENCE
Adjournment applications will only be considered at the conference; counsel engagement may support an adjournment by affirmation, but discovery-related motions will not be adjourned.
Applications for adjournments on consent or otherwise will ONLY be entertained at the time of the conference and will NOT be entertained by any other method. Engagement of counsel shall be a ground for adjournment by affirmation and in accordance with 22 NYCRR §125.1. Discovery related motions will not be adjourned.
Page 5 | ADJOURNMENTS
An adjournment request must be based on a valid reason, be on consent, and be emailed with three or four proposed dates acceptable to all parties.
Any request for an adjournment with a valid reason, shall be on consent. Submit a request for an adjournment by email along with three to four proposed dates agreeable to all parties to judgegugertyremote@nycourts.gov.
Page 1 | II. Orders to Show Cause - Motions - Adjournments
Chambers Communication Rules
For all initial hearings, the Court Evaluator shall submit a copy of their report to chambers by email no later than 48 hours before the hearing to judgegugertyremote@nycourts.gov. The Court Evaluator’s report DOES NOT GET EFILED and may not be shared with the interested persons, the petitioner, or petitioner’s counsel prior to submitting same to chambers. Only after submitting a copy to chambers and getting approval from Judge Gugerty may the Court Evaluator provide counsel for petitioner and/or interested persons, if they are represented by an attorney, with a copy of the report.
For all initial hearings, the Court Evaluator shall submit a copy of their report to chambers by email no later than 48 hours before the hearing to judgegugertyremote@nycourts.gov. The Court Evaluator’s report DOES NOT GET EFILED and may not be shared with the interested persons, the petitioner, or petitioner’s counsel prior to submitting same to chambers. Only after submitting a copy to chambers and getting approval from Judge Gugerty may the Court Evaluator provide counsel for petitioner and/or interested persons, if they are represented by an attorney, with a copy of the report.
Page 2 | III. Court Evaluator Reports
A settled or discontinued case must be reported immediately by email with a stipulation of settlement or discontinuance and withdrawal of pending motions or applications to the judge.
If the case has been settled or discontinued, pursuant to Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.28, you must notify the court immediately by email, sending a stipulation of settlement and/or discontinuance and withdrawing any pending motions or applications to judgegugertyremote@nycourts.gov
Page 6 | SETTLEMENT AND DISCONTINUANCES
Correspondence and emails to chambers must identify the action and index number and be copied to all adversaries.
Correspondence and emails sent to chambers must reflect the name of the action and the index number. Copies are to be sent to all adversaries.
Page 1 | I. Communication with Chambers
Emails must be sent to the listed chambers email address unless chambers directs otherwise.
All emails shall be sent to judgegugertyremote@nycourts.gov unless otherwise directed.
Page 1 | I. Communication with Chambers
Attorney-party correspondence must not be copied to the Court unless chambers directs that it be copied.
Correspondence between attorneys and/or parties shall not be copied to the Court unless directed by chambers.
Page 1 | I. Communication with Chambers
After receiving an order to show cause or motion, counsel must email the appearing attorney and testifying witnesses or parties, including contact information, to the Court and Court Clerk.
After receipt of an order to show cause or motion, all counsel shall email the name of the attorney appearing at the hearing, and any witness or party testifying along with their address, office and cell phone number to the Court’s email address, judgegugertyremote@nycourts.gov, and to the email address of our Court Clerk, Jamie Corsitto.
Page 1 | II. Orders to Show Cause - Motions - Adjournments
Ex parte telephone communications with chambers about substantive issues are prohibited.
There shall be no ex parte telephone communication regarding substantive issues.
Page 1 | I. Communication with Chambers
Petitioner’s counsel must notify chambers by email as soon as possible after a settlement.
If a pending action has been settled, petitioner’s counsel shall notify chambers as soon as possible by email to judgegugertyremote@nycourts.gov.
Page 2 | VI. Settlements
For urgent matters requiring immediate attention, parties should email chambers a completed conference request form from the Supreme Court website.
For urgent matters requiring immediate attention, parties should email chambers a completed conference request form that can be found on the Supreme Court’s website.https://ww2.nycourts.gov/sites/default/files/document/files/2020- 04/Email%20Request%20For%20Conference%20Form.pdfhttps://ww2.nycourts.gov/sites/ default/
Page 3 | CIVIL CONFERENCES AND DISCOVERY DISPUTES
Counsel must provide email addresses on submissions; emails to chambers must identify the action, parties, and index number and copy all other parties and attorneys, while counsel correspondence generally may not be sent to the court.
L. Counsel are required to provide the Court with their e-mail addresses on all submissions. In all communications with chambers by email, the title of the action, full names of the parties and the index number shall be set forth in the email and copying all other parties and attorneys in the matter. Copies of correspondence between counsel shall not be sent to the Court except as these Part Rules and 22 NYCRR § 202.7 permit.
Page 5 | I. Communication with Chambers
A motion may be withdrawn at the scheduled TEAMS conference without an appearance if the settlement and withdrawal stipulation is emailed to the judge no later than the day before the conference.
Withdrawal of motions will be considered at the time of the scheduled TEAMS conference. You will not be required to appear if you email to judgegugertyremote@nycourts.gov a stipulation settling the case and withdrawing the motion, as soon as you have it, but no later than the day before the conference.
Page 6 | WITHDRAWAL
Special trial needs must be reported to the Court Clerk in advance.
Any special needs, e.g., interpreter, easels, blackboards, shadow boxes, television, subpoenaed, material, etc., must be reported to the Court Clerk, in advance, so as not to delay the progress of the trial.
Page 7 | TRIAL RULES
A remote-appearance request may be submitted by email when a party’s health requires it or in-person attendance is impractical because of distance, and in-person appearances remain strongly preferred.
A request for a remote appearance will be considered by the court should the health of a party require it or if distance to the court makes it impractical to appear in person. The request should be made via email to judgegugertyremote@nycourts.gov and copied to all interested persons. With that said, appearances in person by all involved are strongly preferred.
Page 2 | IV. Remote Appearance
General e-filing questions may be directed to the E-Filing Resource Center, and local e-filing questions may be directed to Nassau E-Filing at the listed numbers.
A. All parties should familiarize themselves with the statewide E-Filing Rules: Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.5-b and 202.5-bb, which are available at http://ww2.nycourts.gov/rules/trialcourts/202.shtml. General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033. Local E-Filing questions can be addressed to Nassau E-Filing at (516) 493-3136.
Page 5 | ELECTRONIC FILING RULES AND PROTOCOLS