Judge Donald X. Clavin Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Adjournment requests left on chambers voicemail are disregarded and must comply with the applicable rules.
- Only the Court may grant a motion adjournment; counsel cannot grant one by stipulation.
- Every motion-adjournment application must state the current return date, the reason an adjournment is necessary, and information concerning the opposing parties.
- +3 more
Request must include
- A conference-adjournment request must be submitted in writing through NYSCEF and copied to the judge’s chambers email at least 24 hours before the conference, state the reason and opposing-party position, specify the duration or mutually available date, and be copied to all counsel and pro se litigants.
Communication
Chambers
Phone
Clerk
Page & Word Limits1 rule
Except for good cause shown, no affirmation or affidavit shall exceed twenty (20) pages.
- Affidavit or affirmation
- Up to 20 pages
Document Format Requirements8 rules
All exhibits must be clear and legible and labeled with external tab markings. Plaintiffs shall designate exhibits by number; Defendants shall designate exhibits by letter.
- Exhibits
Formatting
- •Clear and legible
- •External tab markings
- •Plaintiffs designate exhibits by number
- •Defendants designate exhibits by letter
All motion papers and Orders to Show Cause must be typewritten (with one-inch margins and 12-point type), double spaced, securely bound and entirely legible. Papers must have writing on one side only.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Binding
- Securely bound
- Motion
Formatting
- •Typewritten
- •Entirely legible
- •Writing on one side only
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.
- More than 10 pages
Formatting
- •Exhibits without page numbers must be bates-stamped
Proposed Orders or Judgments shall be submitted to the appropriate clerk, uploaded to NYSCEF, and copied via email to JudgeClavinRemote@nycourts.gov in Microsoft Word format.
- File type
- Word
Formatting
- •Submit to the appropriate clerk
- •Upload to NYSCEF
- •Copy by email to JudgeClavinRemote@nycourts.gov
All trial exhibits, whether the parties stipulate to admit them into evidence or not, shall be pre-marked with the Court reporter.
Voluminous exhibits exceeding twenty (20) pages in length may be provided electronically and shall be indicated in the Court’s working copy by use of a placeholder page stating “Exhibit ___ electronically filed”.
- More than 20 pages
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.
The jury-charge list must be submitted by email in Microsoft Word format no later than the Pre-Trial Conference.
- Jury charge requests
Formatting
- •Microsoft Word format
Court's wording
A complete list of requested jury charges, drawn from the Pattern Jury Instructions (PJI) of the then-current year must be submitted by email in Microsoft Word format to the remote email JudgeClavinRemote@nycourts.gov, as directed by the Court and not later than the Pre-Trial Conference.
Document Filing Requirements17 rules
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.
Counsel must promptly notify the Court in writing when a motion or part of it has been resolved, withdrawn, or rendered moot.
Court's wording
Counsel must advise the Court, in writing, 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.
Infant compromise paperwork submitted to the ICC must include a medical report or affidavit, written proof of settlement from defense counsel, and defense counsel's written waiver of appearance at the hearing.
Court's wording
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.
A proposed infant compromise order must include the infant plaintiff's full name and the specified good-cause language concerning confidential personal information.
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.”
The movant on a motion for entry of a default judgment shall submit the Part’s annexed checklist for default judgment on the submission date.
All applications for Court approval of a proposed compromise of an infant’s claim must be submitted through the Infant’s Compromise Clerk (“ICC”).
If the infant is fourteen years or older, an affidavit of consent from the infant must be included in the submitted papers.
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.
A complete list of requested jury charges must be emailed in Microsoft Word format to the court's remote email by the Pre-Trial Conference.
Court's wording
A complete list of requested jury charges, drawn from the Pattern Jury Instructions (PJI) of the then-current year must be submitted by email in Microsoft Word format to the remote email JudgeClavinRemote@nycourts.gov, as directed by the Court and not later than the Pre-Trial Conference.
A Proposed Verdict Sheet, jointly prepared by all counsel/pro se (self-represented) litigant(s) must be submitted by email in Microsoft World format to the Court’s remote email.
other) records subject to the HIPAA Rules shall attach a duly executed authorization permitting the release of such records.
Direct PJI requests require the title, section number, and page number; deviations or additions require the full request text and supporting legal authority.
Court's wording
Where the requested charge comes directly from the PJI, only the PJI title, section number and page number need to be provided. Where deviations from, or additions to, the PJI are requested, the full text of such requests must be submitted, together with any supporting legal authority.
If counsel/pro se 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 World format to the Court’s remote email.
A party intending to use a videotape or other video recording must submit a copy and any applicable transcript to the court at least two weeks before trial.
Court's wording
that party shall submit a copy of the videotape (or other video recording) and transcript of same, if applicable, to the Court at least two (2) weeks prior to the scheduled trial date in order to allow the Court to rule on the admissibility of the videotape (or other video recording), and any Objections made during the video recording.
A party or counsel using generative AI to prepare a court filing must disclose the use and specific tool and certify that all AI-assisted content, including citations, legal authority, and facts, was checked for accuracy, with sanctions potentially imposed for noncompliance.
- Document
- Court filing
Must include
- •AI disclosure
Court's wording
Any party, whether appearing pro se or through counsel, which utilizes any generative artificial intelligence (“AI”) tool (for example, Chat GPT, Westlaw CoCounsel, or Lexis +AI) in preparation of any documents to be filed with the Court must disclose in the document that AI was used and the specific AI tool that was used. The unrepresented party or attorney must further certify in the document that the person has checked the accuracy of any portion of the document drafted by generative AI, including all citations, legal authority, and the recitation of the facts. If generative AI is utilized in the preparation of any documents filed with the Court, the unrepresented party or attorney will be held responsible for the contents thereof. The failure to make the disclosure and certification described herein may result in the denial of any application and the imposition of sanctions.
Counsel are not required to appear on the submission date unless directed by the Court.
After a bench decision, a party may submit a proposed order together with the transcript of the proceedings for the court to sign.
Court's wording
Where the Court issues a Bench Decision and a party desires a written Decision or Order, the party may submit a proposed Order to the Court, together with the transcript of the proceedings at which the Bench Decision was rendered to be “So Ordered”.
Filing & Service rules
Electronic Filing Rules
Documents in mandatory e-filed cases must be filed electronically through NYSCEF, subject to the stated opt-out and consent-withholding 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). All submissions to the court must be electronically filed.
Page 2 | II. E-Filing Rules
A letter confirming settlement must be uploaded to NYSCEF.
upload a letter indicating same to NYSCEF.
Page 10 | P. Disposition of Cases
Exhibits longer than 20 pages may be filed electronically, with a placeholder page in the Court’s working copy stating “Exhibit ___ electronically filed.”
Voluminous exhibits exceeding twenty (20) pages in length may be provided electronically and shall be indicated in the Court’s working copy by use of a placeholder page stating “Exhibit ___ electronically filed”.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules
Filing Timing and Cure Windows
A motion for summary judgment must be filed no later than 90 days after the note of issue is filed.
Motions for summary judgment shall be filed no later than 90 days after the filing of a note of issue.
Page 8 | F. Summary Judgment
Motions in limine must be returnable no later than 30 days after the ADR or settlement conference.
Motions in limine must be made returnable not more than 30 (thirty) days after the ADR/Settlement conference.
Page 9 | F. Motions in limine
Counsel must notify the Part Clerk at least seven days before a scheduled appearance if a translator or interpreter is required.
counsel shall notify the Part Clerk no later than the seven (7) days prior to the scheduled appearance so that timely and appropriate arrangements can be made.
Page 9 | G. Interpreters
The video-recording submission is due at least two weeks before the scheduled trial date.
that party shall submit a copy of the videotape (or other video recording) and transcript of same, if applicable, to the Court at least two (2) weeks prior to the scheduled trial date
Page 10 | M. Use of Videotapes
Service and Proof of Service Rules
The motion’s affidavit of service must be 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
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 | C. Submission of Motions
Motions in limine require at least seven days' notice to opposing counsel and any pro se litigant.
Such motions must be made on no less than seven (7) days’ notice to opposing counsel and/or pro se (self-represented) litigant(s).
Page 9 | F. Motions in limine
Counsel are designated agents for service of subpoenas on their clients under CPLR 2303-a.
Counsel are also reminded that they are designated agents for service of subpoenas on their clients under CPLR 2303-a.
Page 8 | B. Subpoenas
Sealing & Redaction Procedures
A case or portion of a case may not be sealed unless good cause is adequately shown.
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
Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute, contact the court by letter describing the dispute and resolution efforts, obtain leave to file, and state that the procedure was followed; noncompliance may result in denial.
If counsel cannot resolve the discovery issue between themselves after a good faith effort, then the counsel who believes that discovery is not being conducted in accordance with the Court’s Order is to contact the Court by letter (See Rule I[A]), supra.), to advise of the nature of the dispute and the efforts that have been made to attempt to resolve it. The court will either resolve the issue by letter or by scheduling a conference. 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. Failure to comply with this Part’s rules as set forth above may result in the denial of the motion.
Page 3 | III. Court Conferences
Adjournment & Extension Requirements
Adjournment requests left on chambers voicemail are disregarded and must comply with the applicable rules.
Adjournment requests that are left on Chambers’s voicemail shall be disregarded. All requests for adjournments shall be made in accordance with these rules.
Page 1 | I. Communications With the Court
A conference-adjournment request must be submitted in writing through NYSCEF and copied to the judge’s chambers email at least 24 hours before the conference, state the reason and opposing-party position, specify the duration or mutually available date, and be copied to all counsel and pro se litigants.
Any request to adjourn a conference must be made in writing, by uploaded to NYCEF and copy to JudgeClavinRemote@nycourts.gov at least twenty-four (24) hours in advance of the scheduled conference. All applications for adjournments must set forth: (1) the reason for why an adjournment is necessary; (2) whether the opposing party/parties consent or object to the application; and (3) the length of the adjournment sought or, if on consent, a date all parties are available. All such communications must be copies to all counsel and pro se litigants.
Page 2 | III. Court Conferences
Every motion-adjournment application must state the current return date, the reason an adjournment is necessary, and information concerning the opposing parties.
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)
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — B. Adjournments of motions
A motion-adjournment request must be written, uploaded to NYSCEF for Chambers before the return date, and copied 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, 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
Only the Court may grant a motion 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
The adjournment letter request and response may address only the reason consent is being declined and may not advocate a position on the substantive dispute.
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 | C. Submission of Motions
An adjournment request must state the length of the adjournment sought, the number of prior requests, and the dates previously set.
(4) the length of the adjournment sought; and (5) the number of prior requests for adjournment and the dates previously set.
Page 7 | C. Submission of Motions
Chambers Communication Rules
All correspondence to the court must be copied to all adversary counsel and self-represented litigants.
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
A request for oral argument concerning a TRO or other emergency relief must be made immediately upon receiving the required notice by NYSCEF letter and email to the judge, with notice to 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 JudgeClavinRemote@nycourts.gov on notice to all counsel/pro se litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules
Absent extremely unusual circumstances causing significant prejudice, opposing counsel or parties must receive at least 24 hours’ notice of a TRO or other emergency relief application and be advised of the right to be heard; the court may waive the notice requirement in a true emergency.
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 (“TRO”) 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. 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
When a pending action is settled, counsel must notify chambers by email and upload a settlement letter to NYSCEF.
If a pending action has been settled, counsel shall notify chambers by email and upload a letter indicating same to NYSCEF.
Page 10 | P. Disposition of Cases
All correspondence to this part should be file via NYSCEF and copied via email.
All correspondence to this part should be file via NYSCEF and copied via email.
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
Any request to adjourn a PC are to be directed to the Preliminary Conference Part (tel. no. 516-493-3120) or the DCM clerk’s office.
Any request to adjourn a PC are to be directed to the Preliminary Conference Part (tel. no. 516-493-3120) or the DCM clerk’s office.
Page 3 | III. Court Conferences