Judge Ellen Tobin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- On or Before Motion Return Date
Adjournments
- Requests to adjourn a conference or court appearance must use the judge’s written form, be submitted by email to the judge with all counsel and self-represented parties copied, and be submitted at least two business days before the appearance.
- The court must consent to any extension of the deposition-completion or all-disclosure end date, and the written request must state the reasons, whether the other side consents, and the proposed new deadline.
- Adjournments of motion return dates are governed by 22 NYCRR 202.8(e).
Request must include
Communication
Phone
Clerk
Document Format Requirements8 rules
Replies are NOT permitted on OTSC applications in IAS cases.
- OTSC application
Formatting
- •Reply papers are not permitted
Sur-reply papers are prohibited. Sur-replies are NOT permitted on any application and will not be read or considered.
All motions and OTSC applications (including the form and length of such papers) shall comply with Part 202 of the Uniform Civil Rules for the Supreme Court and the County Court.
A Proposed Verdict Sheet, jointly prepared by all counsel and self-represented parties, typewritten and in final form for presentation to the jury, shall be submitted in Microsoft Word via email by the date selected at the Pre-Trial Conference (and, in any event, at least 48 hours prior to the Charge Conference).
- File type
- Word
- Proposed verdict sheet
Formatting
- •Must be jointly prepared by all counsel and self-represented parties
- •Must be typewritten and in final form for presentation to the jury
- •Must be submitted via email
If counsel and self-represented parties cannot agree on the questions to be posed to the jury prior to the Charge Conference, each side will present its own Proposed Verdict Sheet, which must be in Microsoft Word format and submitted to the Court’s Remote email address.
- File type
- Word
- Proposed verdict sheet
The working copies should be double sided, if practicable, and include external exhibit tabs, and be mailed or delivered to Part 35 on or before the motion return date.
Formatting
- •Double sided, if practicable
- •External exhibit tabs
References to exhibits longer than 10 pages shall indicate the page number (or Bates number) on which the cited information is contained.
- Exhibits
- More than 10 pages
Counsel must submit a complete list of requested jury charges, drawn from the current Pattern Jury Instructions (PJI). Requests to charge must be submitted in Microsoft Word format
Document Filing Requirements5 rules
5. Exhibits. Exhibits must be uploaded to NYSCEF individually, with each exhibit clearly identified and described (e.g. Affidavit of Defendant, Statement of Net Worth, Lease Agreement, etc.).
4. Affidavits of Service. Affidavits of Service that are uploaded to NYSCEF must identify the individual/entity on whom/which service was made.
Any proposed order regarding the exchange of confidential information must be based on the court’s Model Order.
Court's wording
1. Model Confidentiality Order. Any proposed order regarding the exchange of confidential information shall be based on the model Stipulation and Order for the Production and Exchange of Confidential Information (the “Model Order”):
Parties proposing deviations from the Model Order must file the proposed confidentiality order, a redline showing the deviations, and a letter explaining the reasons.
Court's wording
2. Deviations from the Model Order. If the parties propose deviating from the Model Order, they shall file (a) a copy of the parties’ proposed confidentiality order; (b) a redline of the document showing the proposed deviations against the Model Order; and (c) a letter to the Court explaining the reasons for the proposed deviations.
Working copies must include the index number, motion sequence number and return date in the caption section.
- Document
- Working copy
- Placement
- Caption
Filing & Service rules
Electronic Filing Rules
A party whose adjournment request is granted must file a confirmation letter stating the new date and time on NYSCEF.
If granted, the party that initiated the request shall then file on NYSCEF a confirmation letter stating the new date/time.
Page 2 | IAS CASES — Communications with the Court and Adjournment Requests
Unless the court directs otherwise, all other requests and issues must be raised through correspondence filed on NYSCEF.
Unless otherwise directed by the Court, all other requests and issues shall be raised via correspondence filed on NYSCEF.
Page 2 | IAS CASES — Communications with the Court and Adjournment Requests
Documents in mandatory e-filed cases must generally be filed electronically through NYSCEF, subject to the stated opt-out and consent exceptions.
3. Electronic Filing Required. All documents in mandatory e-filed cases, except documents subject to the opt-out provisions of NYCRR § 202.5-bb or where e- filing consent has been withheld, must be filed through NYSCEF. All submissions to the Court must be electronically filed (except as set forth herein).
Page 3 | E-Filing Requirements and Motions
A party may request oral argument by filing a letter on NYSCEF on or before the return date, and the Court will decide whether to hear it and notify counsel and self-represented parties if it does.
Parties may request oral argument by filing a letter on NYSCEF at any time on or before the return date. The Court will determine whether the argument will be heard and, if so, will advise counsel and self-represented parties of the argument date and time.
Page 5 | Motions and Order to Show Cause Applications
Filing Timing and Cure Windows
A summary judgment motion must be filed within 90 days after the note of issue is filed.
Summary judgment motions must be made within 90 days of the filing of the note of issue.
Page 6 | Motions and Order to Show Cause Applications
Motions and OTSC applications may have a return date on any weekday and ordinarily require no appearance on the return date unless the Court directs otherwise.
Motions and OTSC applications may be marked returnable on any day of the week, and are on submission only (i.e., no appearance is required on the return date), unless the Court directs otherwise.
Page 5 | Motions and Order to Show Cause Applications
Service and Proof of Service Rules
Unless extraordinary circumstances causing significant prejudice are detailed in a supporting affidavit or affirmation, the moving party must provide opposing counsel or an unrepresented opposing party email notice at least 24 hours before presenting an emergency application, although the Court may waive notice for a true emergency.
Absent extraordinary circumstances that will result in significant prejudice (which must be set forth in detail in a supporting affidavit or affirmation), the moving party must advise opposing counsel (or the opposing party, if counsel has not appeared) by email at least 24 hours in advance of the date/time set for presenting the Emergency Application to the Court. The Court, in its discretion, may dispense with the 24-hour notice requirement in the event of a true emergency.
Page 6 | Motions and Order to Show Cause Applications
Courtesy Copy Requirements
Counsel and self-represented litigants must provide working copies of all papers filed with electronically filed motions and OTSC applications.
6. “Working Copies” Required. Counsel and self-represented litigants MUST provide “working copies” of all papers filed in connection with electronically filed motions and order to show cause (“OTSC”) applications.
Page 4 | E-Filing Requirements and Motions
Pre-Motion Conference Requirements
A discovery motion requires a prior pre-motion conference request and good-faith efforts to resolve the dispute, unless the Court directs otherwise.
1. Parties wishing to file a motion concerning discovery must first request a pre- motion conference with the Court. No discovery motion may be filed in the absence of good-faith efforts to resolve the dispute and a pre-motion conference (unless the Court directs otherwise).
Page 4 | Discovery Disputes; Pre-Motion Conferences Required
Before raising a discovery dispute with the Court, a party must substantively meet and confer in good faith about the alleged deficiencies or noncompliance; a pro forma letter is insufficient.
2. A party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the other side(s) about the issue(s) prior to raising it with the Court, in accordance with 22 NYCRR § 202.7. A pro forma letter does not meet the Rule’s requirements. There must be substantive communications between counsel and self-represented litigants regarding the alleged discovery deficiencies or noncompliance, on one hand, and the claimed compliance or reason(s) for noncompliance, on the other.
Page 4 | Discovery Disputes; Pre-Motion Conferences Required
If parties cannot resolve a dispute, the requesting party must e-file a letter of no more than three pages describing the contemplated motion, its grounds, and resolution efforts, and the opposing party may respond within three business days with a letter of no more than three pages; the Court will decide whether to hold a conference.
If the parties are unable to resolve the dispute, then the party wishing to make the motion is to e-file a letter, not to exceed 3 pages, succinctly describing the contemplated motion and the grounds for the same, and the efforts that have been made to resolve the issue. Any opposing party should then file a letter, not to exceed 3 pages, setting forth its position, within 3 business days after the request is filed. The Court will determine whether to hold a pre-motion conference.
Page 5 | Discovery Disputes; Pre-Motion Conferences Required
Adjournment & Extension Requirements
The court must consent to any extension of the deposition-completion or all-disclosure end date, and the written request must state the reasons, whether the other side consents, and the proposed new deadline.
The Court’s consent is required for adjournments of (a) the deadline to complete depositions, and (b) the end-date for all disclosure. Requests to adjourn such deadlines must be made in writing as soon as possible upon becoming aware of the need for the request. Counsel and self-represented parties must provide the (x) reason(s) for requesting the adjournment; (y) whether the other side consents; and (z) proposed date for the new deadline.
Page 2 | IAS CASES — Communications with the Court and Adjournment Requests
Requests to adjourn a conference or court appearance must use the judge’s written form, be submitted by email to the judge with all counsel and self-represented parties copied, and be submitted at least two business days before the appearance.
Requests for adjournments of conferences and court appearances shall be made in writing using Judge Tobin’s Adjournment Request form:https://www.nycourts.gov/LegacyPDFS/COURTS/10jd/nassau/pdf/TobinAdj Req.pdf. The requesting party shall confer with all counsel and self-represented parties and fill out the form completely. Requests shall be submitted by email to JudgeTobinRemote@nycourts.gov, copying all counsel and self-represented parties, as least 2 business days before the scheduled appearance.
Page 2 | IAS CASES — Communications with the Court and Adjournment Requests
Adjournments of motion return dates are governed by 22 NYCRR 202.8(e).
Adjournments of motion return dates are governed by 22 NYCRR 202.8(e).
Page 6 | Motions and Order to Show Cause Applications
Chambers Communication Rules
The court does not accept ex parte communications or attempts to litigate by email and will disregard them.
No Ex Parte Communications. The Court does not accept ex parte communications or attempts to litigate by email. Such communications will be disregarded.
Page 2 | IAS CASES — Communications with the Court and Adjournment Requests
The court does not accept correspondence sent by facsimile.
The Court does not accept correspondence sent by facsimile.
Page 2 | IAS CASES — Communications with the Court and Adjournment Requests
The court does not accept adjournment or other substantive requests left on chambers voicemail and will disregard them.
The Court does not accept adjournment or other substantive requests left on Chamber’s voicemail. Such communications will be disregarded.
Page 2 | IAS CASES — Communications with the Court and Adjournment Requests
Immediately notify opposing counsel, self-represented parties, and the Part Clerk by telephone if an exigent circumstance will make you late or prevent you from appearing at a scheduled conference.
5. In the event you are going to be late or are unable to appear for a scheduled conference due to exigent circumstances, please immediately notify, by telephone, (a) opposing counsel and self-represented parties, and (b) the Part Clerk at (516) 493-3171.
Page 3 | Communications with the Court and Adjournment Requests
Requests for an interpreter must be made to the Part Clerk at least seven days before the scheduled appearance.
6. Requests for an interpreter are to be made to the Part Clerk at least 7 days prior to the scheduled appearance.
Page 3 | Communications with the Court and Adjournment Requests