Judge Denise L. Sher
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 2 copies
Exhibits
Adjournments
- A nonconsented conference adjournment application must be made by telephone conference with all parties or counsel by 3:00 p.m. at least two business days before the conference, and will not be considered without their participation.
- A motion adjournment request may be granted by Chambers when all parties consent.
- A consented motion adjournment may be requested by email or fax to Chambers with copies to all counsel identifying the case, motion, original return date, and agreed adjourned date; a fully executed stipulation is unnecessary.
- A conference adjournment requires prior Chambers approval.
- +11 more
Request must include
Communication
Phone
Phone
Phone
Chambers
Document Format Requirements12 rules
Where any party elects to submit a working hard copy, it must be submitted to Room 186, located on the 1st floor, with all exhibits properly tabbed, and must be received by the Court prior to the return date or any adjourned date.
On E-Filed cases, working hard copies must confirm to what has been filed on NYSCEF.
The E-filing confirmation notice must be annexed to the back of the litigation back of your working hard copy facing out, and bound/affixed at the top.
All exhibits must be clearly tabbed; no exhibits shall be double sided; and no mini-scripts are accepted. Motions not consistent with this rule will be rejected.
Formatting
- •All exhibits must be clearly tabbed
- •Exhibits may not be double-sided
- •Mini-scripts are not accepted
- •Motions not complying with these requirements will be rejected
All submissions shall be fully and securely bound and shall have a litigation back attached thereto.
- Binding
- Securely bound
All motion papers greater than two (2”) inches thick must be split into multiple volumes and secured by heavy duty staples or ACCO fasteners and clearly marked with a copy of the Notice of Motion on each volume (e.g. 1 of 3, 2 of 3, 3 of 3).
- Binding
- Securely bound
All motion papers and Orders to Show Cause shall be ACCO fastened on the top and not the bottom or side of the papers.
When submitting proposed orders or judgments in connection with a motion, the same shall be submitted as a separately bound document.
Pattern jury instructions may be identified by number without reproduction, but any requested modification must be highlighted.
- Jury instructions
Formatting
- •A requested modification to a standard charge must be highlighted
Court's wording
Any written requests for jury instructions. Charges from the Pattern Jury Instructions may be identified by number without necessity of reproduction, unless a modification of the standard charge is requested, in which case the modification is to be highlighted;
All exhibits shall be tabbed or included in a binder for easy reference;
Where such testimony has been transcribed, page references are required.
Formatting
- •Page references are required when the identified testimony has been transcribed
If deposition transcripts are to be utilized, a copy of the witness= deposition transcript should be available to the Court. No mini-scripts are accepted;
- Deposition transcript
Formatting
- •Mini-scripts are not accepted
Document Filing Requirements17 rules
Where a request is granted, counsel will be directed to either fax a confirming letter to Chambers or send an email to Chambers’ remote email address, copied to all counsel, setting forth the new approved EBT schedule with the firm new date(s), time(s) and location, and must indicate that “EBTs may not be adjourned to any later date without prior Court approval.” Requests to adjourn EBTs are not granted until the Court’s receipt of the confirming letter or email referenced herein.
Any discovery motion must state that Rule III A. above has been complied with. Failure to comply with Rule III above may result in denial of the motion.
Any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any
The Court will not consider a sanctions application unless the moving party first seeks withdrawal or discontinuation of the offending act or action or demands required or necessary action which is refused. Proof of such request must be made a part of the sanctions application.
A statement of stipulated facts. [Parties are encouraged to stipulate to facts and/or exhibits]
Marked pleadings, to be submitted before opening statements;
Any audiovisual equipment required is to be provided by counsel;
A list of all expert witnesses with copies of their reports;
There shall be a separate affirmation for each motion in limine;
Pre-trial memoranda providing the Court with cited case law to be considered by the Court;
A list of proposed witnesses for the Court=s information;
On non e-filed cases, any stipulation to be “So-Ordered” by the Court must contain original signatures by all parties and/or counsel, which may be submitted in counterparts.
Inquests – all exhibits shall be pre-marked for identification prior to any scheduled Inquest. Counsel should be prepared with admissible proof to present at the Inquest.
A proposed Infant’s Compromise Order must identify the infant-plaintiff by full name and include the specified statement concerning confidential personal information and good cause.
Court's wording
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”.
Adjournments requested due to an attorney=s actual engagement on trial must be accompanied by an Affirmation of Engagement in conformity with 22 NYCRR Part 125.
Objections should be stated without argument except to simply state the ground therefor, e.g., hearsay, relevance, etc. If further argument is appropriate, it will be invited by the court;
Filing & Service rules
Electronic Filing Rules
In e-filed cases, handling attorneys and pro se litigants must ensure that a working email address is affiliated with NYSCEF, and Chambers will not add or delete those addresses.
On e-filed cases, the handling attorney(s) and pro se litigants, if any, are responsible for ensuring that a working email address is affiliated with the NYSCEF system. Chambers is not responsible for adding or deleting any email addresses from the NYSCEF system.
Page 5 | IV. MOTIONS
Working hard copies are optional rather than mandatory in e-filed cases.
On e-filed cases, a “working hard copy” of any e-filed papers is no longer mandatory.
Page 5 | IV. MOTIONS
Filing Timing and Cure Windows
A CPLR § 3212(a) summary-judgment motion generally must be filed no later than 60 days after the Note of Issue is filed, subject to leave of court as indicated by the incomplete source passage.
Pursuant to CPLR § 3212 (a), a motion for summary judgment shall be filed no later than sixty (60) days after the filing of the Note of Issue, except with leave of
Page 4 | IV. MOTIONS – A. Submission of Motions & Motion Appearances
In non-e-filed cases, all motion papers must be received by the close of business on the day before the motion return date.
All motion papers must be received by the close of business the day prior to the return date of the motion.
Page 5 | IV. MOTIONS
Multiple motions on the same matter must be submitted on the same date; the Court does not stagger submission dates.
MULTIPLE MOTIONS ON THE SAME MATTER SHALL BE SUBMITTED ON THE SAME DATE. THE COURT DOES NOT STAGGER SUBMISSION DATES.
Page 5 | IV. MOTIONS
Sur-reply filings submitted after a motion or cross-motion return date will not be accepted or considered without leave of the Court.
No sur-reply affidavits, affirmations, memoranda of law or letters will be accepted or considered by the Court after the return date of any motion or cross-motion without leave of the Court.
Page 5 | IV. MOTIONS
A Note of Issue must be filed within 90 days after certification unless a certification or later order specifies otherwise.
A Note of Issue is to be filed within 90 days after certification, unless otherwise specified in the Certification Order or any subsequent order.
Page 8 | IX. TRIAL RULES
Movants should endeavor to coordinate motion return dates with existing conferences and related motion sequences, although the Court may administratively adjust return dates.
The Court may, on occasion, administratively adjourn or advance motion return dates to coincide with previously scheduled conferences and/or with return dates of other motions filed in that matter. Where possible, movants shall endeavor to select return dates that coincide with such previously scheduled conference and/or with return dates of other motion sequences filed in the matter.
Page 5 | IV. MOTIONS
Service and Proof of Service Rules
The parties must promptly notify the Court in writing, with appropriate documentation when necessary, of specified changes in circumstances.
if an action is discontinued, or wholly or partially settled by stipulation pursuant to CPLR § 2104, or a motion has become wholly or partially moot, or a party has died, become a debtor in bankruptcy or is in active military duty, the parties shall promptly notify the Court in writing of such an event, with appropriate documentation where necessary.
Page 8 | VII. NOTICE OF CHANGE IN CIRCUMSTANCES: COUNSEL’S RESPONSIBILITY
Counsel must inform the Court of an Appellate Division decision or other specified change in circumstances affecting a case’s status.
It is the responsibility of counsel to apprise the Court of an Appellate Division decision or a change in circumstance referenced in Rule VII. A. above that affects the status of any case assigned to this Part.
Page 8 | VII. NOTICE OF CHANGE IN CIRCUMSTANCES: COUNSEL’S RESPONSIBILITY
Filing Fees and Waivers
Plaintiff’s counsel must pay the requisite Note of Issue fee to the County Clerk and submit the Note of Issue to the Calendar Clerk for assignment of a calendar number.
Counsel for plaintiff shall pay the requisite fee with the County Clerk and ensure that the Note of Issue is submitted to the Calendar Clerk who will then assign a calendar number.
Page 8 | IX. TRIAL RULES
Courtesy Copy Requirements
A courtesy copy of each trial exhibit must be provided to the Court and each counsel.
A courtesy copy of each exhibit intended to be introduced into evidence at trial for the Court and each counsel. All exhibits shall be tabbed or included in a binder for easy reference;
Page 9
Each motion in limine must have a separate affirmation, with an original and two copies furnished to the Court and a copy provided to all counsel.
The party shall furnish the Court with an original and two (2) copies and provide counsel for all parties with a copy. There shall be a separate affirmation for each motion in limine;
In non-e-filed cases, courtesy or working copies should not be submitted unless the Court requests them.
On non e-filed cases, courtesy or working copies should not be submitted, unless requested by the Court.
Page 5 | IV. MOTIONS
Sealing & Redaction Procedures
No case or portion of a case may be sealed unless good cause is adequately shown.
E. Sealing Orders – pursuant to 22 NYCRR § 216.1, no case or portion thereof shall be sealed unless good cause has been adequately shown.
Page 11 | E. Sealing Orders
Pre-Motion Conference Requirements
Before making or filing a discovery motion, counsel must first discuss the issue with opposing counsel and, if unresolved, must arrange a telephone conference with all counsel and the court, with knowledgeable counsel having settlement authority participating.
Prior to the making or filing of any discovery-related motion, counsel for the prospective movant(s) shall first discuss the issue(s) in question with his or her adversary. If the issue(s) in question cannot be resolved, counsel for the prospective moving party MUST arrange for a telephone conference to be held with all counsel and the Court to address the issue(s) and any possible resolution thereof. Counsel fully familiar with the matter and with authority to bind their client MUST be available ===== PAGE 4 ===== to participate in the conference call.
Page 3 | A. Pre-Motion Teleconferences
The discovery pre-motion teleconference rule does not apply to counsel-relief applications, motions to vacate the Note of Issue, or dispositive motions.
This rule does not apply to applications for counsel to be relieved, motions to vacate the Note of Issue, or dispositive motions.
Page 4 | A. Pre-Motion Teleconferences
If the discovery issue remains unresolved after the teleconference, the prospective movant may seek permission to file a discovery-related motion.
Where the matter cannot be resolved during the teleconference, the prospective movant may request permission to file a discovery-related motion.
Page 4 | A. Pre-Motion Teleconferences
Adjournment & Extension Requirements
A nonconsented motion adjournment request must be raised by telephone conference with all parties or counsel by 3:00 p.m. on the preceding day, and will not be considered without their participation.
If all parties do not consent to the adjournment request, an application must be made by telephone conference with all parties/counsel no later than 3:00 p.m. the day preceding the scheduled motion return date. No adjournment requests will be entertained without all parties/counsel participating in the telephone conference.
Page 2 | II. ADJOURNMENT REQUESTS
A conference adjournment requires prior Chambers approval.
No adjournments will be granted without prior approval by Chambers.
Page 2 | II. ADJOURNMENT REQUESTS
A nonconsented conference adjournment application must be made by telephone conference with all parties or counsel by 3:00 p.m. at least two business days before the conference, and will not be considered without their participation.
If all parties do not consent to the adjournment request, an application must be made by telephone conference with all parties/counsel no later than 3:00 p.m. at least two business days prior to the scheduled conference. No applications will be entertained without all parties/counsel participating in the telephone conference.
Page 2 | II. ADJOURNMENT REQUESTS
A deposition-date adjournment request must be made by telephone before the scheduled EBT date and must include a basis, a firm rescheduling proposal, and whether all parties consent.
Requests for adjournments of deposition dates shall be made by telephone prior to the scheduled EBT date. Counsel requesting the adjournment must be prepared at the time of the call with a reasonable basis for the request, a proposed new deposition schedule with firm dates, time and location, and whether the request is on consent of all parties.
Page 3 | C. Requests to Adjourn Party Depositions
Deposition dates set by the Preliminary Conference Order or a later order cannot be moved without prior court approval.
Deposition dates specified in the PC Order or any subsequent order may not be adjourned to any later date without prior court approval.
Page 3 | C. Requests to Adjourn Party Depositions
Party depositions set in the Preliminary Conference Order may not be adjourned without prior court permission.
No adjournments of party depositions set forth in the Preliminary Conference Order shall be permitted without prior Court permission.
Page 3 | C. Requests to Adjourn Party Depositions
A Compliance Conference may be adjourned only for compelling reasons and with the Court’s prior approval.
Adjournments will only be granted for compelling reasons. No Compliance Conference may be adjourned without prior approval of the Court.
Page 7 | V. STAYS OR TEMPORARY RESTRAINING ORDERS (TRO)
A request to extend or vacate a stay or TRO must be made on the motion calendar call; failure to seek an extension results in automatic vacatur unless the Order to Show Cause states otherwise.
Requests to continue or to vacate a stay or TRO beyond the return date of the motion shall be made on the call of the motion calendar. Failure to apply for such extension shall result in the automatic vacatur of the stay or TRO, unless the Order to Show Cause provides otherwise.
Page 8 | VI. STAYS OR TEMPORARY RESTRAINING ORDERS (TRO)
Adjournments and delays during trial will not be accepted unless exigent circumstances exist.
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 9
Except for PC, DCM, and Central Jury appearances, conference adjournment requests must be made through Chambers with potential dates acceptable to all parties.
Adjournment requests of conferences (excluding PC/DCM/Central Jury appearances) may only be sought through Chambers. Potential dates amenable to all parties must be provided at the time the adjournment is sought.
Page 2 | II. ADJOURNMENT REQUESTS
A conference adjournment request may be granted by Chambers only if all parties consent and sufficient cause exists.
Adjournment requests of conferences held before Justice Sher may be granted by Chambers if the request is on consent of all parties and sufficient cause exists for approving such request.
Page 2 | II. ADJOURNMENT REQUESTS
A motion adjournment request may be granted by Chambers when all parties consent.
Adjournment requests of motions pending before Justice Sher may be granted by Chambers if the request is on consent of all parties.
Page 2 | II. ADJOURNMENT REQUESTS
A consented motion adjournment may be requested by email or fax to Chambers with copies to all counsel identifying the case, motion, original return date, and agreed adjourned date; a fully executed stipulation is unnecessary.
For a consent adjournment, counsel may either email or fax a letter to Chambers copied to all counsel indicating the case name, Index No., motion sequence number(s), the original return date and the mutually agreed upon adjourned date. A fully executed stipulation is not required for a consent adjournment.
Page 2 | II. ADJOURNMENT REQUESTS
An EBT adjournment beyond the Compliance Conference date requires a sufficient basis.
Requests to adjourn EBTs beyond the Compliance Conference date will require a sufficient basis for the request.
Page 3 | C. Requests to Adjourn Party Depositions
Counsel is directed to endeavor to finish all party depositions before the Compliance Conference.
Counsel must endeavor to complete all party depositions prior to the scheduled Compliance Conference.
Page 3 | C. Requests to Adjourn Party Depositions
Chambers Communication Rules
Chambers letters and emails must identify the action, parties, and index number, provide simultaneous copies to all counsel, and may not be ex parte.
In all communications with Chambers by letter or email (where permitted by these Rules), the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel. Ex parte communications are strictly prohibited and will be disregarded.
Page 1 | I. COMMUNICATION WITH CHAMBERS
Before requesting a discovery teleconference or Teams conference, a party must first contact Chambers with the dispute’s general nature and proposed times acceptable to all counsel.
A party that requests a teleconference or Teams conference shall first contact Chambers with the general nature of the discovery dispute and proposed dates and times amenable to all counsel.
Page 4 | B. Telephone Conference Procedure for Discovery-Related Disputes
Once all parties are on a scheduled discovery teleconference, Chambers must be contacted at (516) 493-3239.
Once all parties are on the line, Chambers must be contacted on the teleconference line at (516) 493-3239.
Page 4 | B. Telephone Conference Procedure for Discovery-Related Disputes
Before seeking a TRO, the movant must first consult Chambers about a convenient date and time for counsel’s appearance.
Only where a TRO is being sought, the movant shall first consult with Chambers as to a convenient date and time for counsel to appear with regard to compliance with Uniform Rule § 202.7 (f).
Page 7 | VI. STAYS OR TEMPORARY RESTRAINING ORDERS (TRO)
The OSC Clerk must send proposed Orders to Show Cause to Chambers by remote email, and Chambers will not review them from NYSCEF.
Proposed OSC’s are sent to Chambers by the OSC Clerk via the remote email address. Chambers is not permitted to review OSCs from NYSCEF.
Page 8 | VI. STAYS OR TEMPORARY RESTRAINING ORDERS (TRO)
After Chambers sends a Microsoft Teams link, the recipient must not contact Chambers to request that it be resent and should first ask opposing counsel for a forwarded copy.
Any Microsoft Teams links are also sent by this method. Once a link has been sent, Chambers is NOT to be contacted to re-send the link. Chambers allows forwarding on all Teams invites. As such, any office should first contact opposing counsel to obtain same.
Page 1 | I. COMMUNICATION WITH CHAMBERS
Chambers must not be contacted between 12:45 p.m. and 2:00 p.m. during the daily lunch break.
Chambers shall not be contacted during the daily lunch break which is from 12:45 p.m. to 2:00 p.m.
Page 1 | I. COMMUNICATION WITH CHAMBERS
An attorney or party whose party is discontinued must remove that party's email address from the case on NYSCEF.
If a party is discontinued, it is incumbent upon the attorney or party to remove their email address from the case on NYSCEF.
Page 2 | I. COMMUNICATION WITH CHAMBERS
Adjournment confirmations must be sent to Chambers by only one method, either fax or email.
Communications confirming adjournments should only be sent to Chambers by EITHER fax or email. Do not use multiple methods of communication.
Page 2 | II. ADJOURNMENT REQUESTS
Adjournment requests left on Chambers voicemail will be disregarded.
Adjournment requests which are left on the Chamber=s Voice Mail shall be disregarded.
Page 2 | II. ADJOURNMENT REQUESTS
The parties must notify the court at least seven days before a scheduled appearance if an interpreter will be needed.
The parties must inform the Court, no later than seven (7) days in advance of any scheduled appearance, if the assistance of an interpreter will be required.
Page 2 | I. COMMUNICATION WITH CHAMBERS
A self-represented party must promptly provide an active NYSCEF email address if counsel is relieved.
Moreover, in the event counsel is relieved, the self-represented party shall promptly provide an active email address through NYSCEF.
Page 2 | I. COMMUNICATION WITH CHAMBERS
Preliminary Conference adjournment requests must be made by telephone to the Preliminary Conference Part at 516-493-3101, not to Chambers or Justice Sher.
Requests to adjourn PCs are not addressed to Justice Sher. Rather, PC adjournment requests are to be addressed to the Preliminary Conference Part (telephone no. 516-493-3101), not to Chambers.
Page 3 | D. Requests to Adjourn Preliminary Conferences
DCM/CCP pretrial-conference adjournment requests must be directed by telephone to the CCP/DCM Part at 516-493-3113, not to Chambers.
Requests to adjourn pretrial conferences scheduled by DCM/CCP are to be directed to the CCP/DCM Part (telephone no. 516-493-3113), not to Chambers.
Page 3 | E. Requests to Adjourn Pre-Trial (DCM/CCP) Conferences
For a Chambers-scheduled Teams conference, the NYSCEF link must be obtained through the “email participating parties” option; after receipt, counsel must not ask Chambers to resend it and should first seek a forwarded copy from opposing counsel.
Where Chambers schedules a virtual Teams conference, the parties are contacted via NYSCEF, by selecting a link entitled “email participating parties.” Once a link has been sent, Chambers is NOT to be contacted to re-send the link. Chambers allows forwarding on all Teams invites. As such, any office should first contact opposing counsel to obtain same.
Page 4 | B. Telephone Conference Procedure for Discovery-Related Disputes
The Court must be notified promptly if a discovery dispute is resolved before the scheduled conference.
In the event a discovery dispute is resolved prior to a scheduled conference, the Court shall be promptly notified.
Page 4 | B. Telephone Conference Procedure for Discovery-Related Disputes
When a discovery issue is resolved during the teleconference, the requesting party is directed to memorialize the resolution in a confirming letter sent by fax or email.
If the matter can be resolved during the teleconference, the requesting party will be directed to fax or email a confirming letter memorializing such resolution.
Page 4 | A. Pre-Motion Teleconferences
Telephone calls to chambers are permitted when immediate attention is required.
Except as provided below, telephone calls to chambers are permitted in situations requiring immediate attention.
Page 1 | I. COMMUNICATION WITH CHAMBERS
Chambers communicates with parties by email through NYSCEF using the email participating parties link.
Parties are contacted by Chambers via email through NYSCEF, by selecting a link entitled “email participating parties.”
Page 1 | I. COMMUNICATION WITH CHAMBERS
When Chambers sets a motion conference, parties will be contacted through NYSCEF, and only email addresses listed in NYSCEF will receive the communication.
In the event Chambers sets a motion down for a conference, the parties will be contacted via NYSCEF and only the email addresses on NYSCEF shall receive such communication.
Page 5 | IV. MOTIONS
Parties may submit a request to pursue alternative dispute resolution directly to Chambers.
Should the parties wish to pursue ADR, they may submit a request directly to Chambers.
Page 11 | D. Alternative Dispute Resolution (ADR)