Judge Erica L. Prager
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
Adjournments
- Consent applications to adjourn a conference or motion must be received by Chambers by facsimile or email at 2:00 p.m. on the preceding business day.
- A complete Request for Adjournment Form is mandatory, and incomplete or untimely forms are summarily denied unless extraordinary circumstances are presented to the Court.
- An adjournment requires consent from all parties and prior Court approval.
- +9 more
Request must include
Communication
Chambers
Chambers
Fax
Chambers
Chambers
Page & Word Limits2 rules
No affidavit, affirmation, brief or memorandum may exceed the limitations on length set forth in Rule 202.8-b of the Uniform Rules for the Trial Courts.
Parties seeking to extend the limitations shall make a written request to the Court, with notice to all parties, setting forth the number of additional words (or pages) sought, which request shall only be granted in extraordinary circumstances, and upon good cause shown.
Document Format Requirements3 rules
All paper exhibits must be clearly tabbed; no exhibits shall be double sided; no mini-scripts are accepted.
- Exhibits
Formatting
- •Mini-scripts are not accepted
All paper submissions shall be fully and securely bound and shall have a litigation back attached thereto. Each bound portion shall be no thicker than two inches.
- Binding
- Securely bound
Formatting
- •A litigation back must be attached
When submitting proposed orders or judgments in connection with a motion, the same shall be submitted as a separately bound document. Proposed orders or judgments incorporated within the motion papers will be considered as exhibits, treated as such, and may be disregarded.
- Binding
- Securely bound
- Proposed order
- Judgment
Document Filing Requirements17 rules
Letters confirming adjournments shall state that the Court has adjourned the ===== PAGE 2 ===== conference or motion on consent of the parties to the specified date, and shall contain the full names of both parties, the index number, a notation indicating the current date the matter is on the Court’s calendar, and that all parties have been simultaneously copied.
If the application is based on counsel’s actual engagement on another matter, an Affirmation of Actual Engagement, in conformity with 22 NYCRR Section 125, must accompany the Request for Adjournment Form.
The movant shall submit to the Court as part of their motion papers proof of compliance with the prior above mentioned notification requirement, which will include copies of both counsel’s letters.
If the matter cannot be resolved, the motion papers must state that this Rule has been fully complied with.
Each motion branch must have a number or letter that is repeated consistently in the supporting papers and corresponds to the notice of motion or order to show cause.
Court's wording
All motions must be organized in such a manner so that each branch of the motion stated in the notice of motion or order to show cause is preceded by a number or a letter. Said number or letter designation shall be used in the supporting affirmation and affidavits and shall correspond to the number/letter used for each branch as set forth in the notice of motion or order to show cause.
Any references to EBT testimony shall cite to the exact page and line numbers relied upon rather than merely attaching the entire transcript or “relevant portions”; full transcripts shall be supplied. Motions not consistent with these rules will be rejected.
Any physician affirmations, reports or other medical proof submitted in threshold motions shall contain the original signatures of the physician or medical provider.
No sur-reply affidavit, affirmation, or letter will be accepted or considered without leave of Court.
Motions brought pursuant to CPLR §§3211, 3212, or 3213 shall not automatically stay disclosure.
Any Order to Show Cause seeking any injunctive relief, including a stay or TRO, must be made in accordance with 22 NYCRR 202.7(f). The moving party shall advise the Court as soon as practicable of counsel’s intent to make such application.
Counsel must notify the Court by letter when any part of a submitted motion is settled, identify the motion details and remaining issues, and attach the original stipulation, whose copy must be uploaded to NYSCEF in an e-filed case.
Court's wording
If all or part of a submitted motion is settled, counsel shall notify the Court by letter setting forth the motion sequence number, the date the motion was submitted, what aspects of the motion have been settled and what issues remain to be decided. If the motion is resolved in its entirety, the movant shall indicate same. The letter shall be accompanied by the original stipulation of settlement, a copy of which must be uploaded to NYSCEF in an e-filed case.
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. In addition to the foregoing, the movant should be prepared to appear in Court and to make a record before the Court, if the Court requires same.
Each motion in limine requires a separate brief written affirmation stating its nature and supporting law, with copies furnished to the Court and all counsel and relevant prior decisions and orders provided to the Court.
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 and provide counsel for all parties, with a copy. There shall be a separate affirmation for each motion in limine. The Court shall be provided with all prior decisions and orders which may be relevant to said in limine applications.
A sanctions application will not be considered unless the moving party first seeks withdrawal, discontinuation, or required action, and includes proof of that request.
Court's wording
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.
Pre-trial memoranda providing the Court with cited case law, statutory law and common law to be considered by the Court.
No out of Court settlement will be recognized or accepted unless counsel submits a letter, on notice to opposing counsel, submitting the executed settlement agreement/stipulation or certifying that such agreement/stipulation has, in fact, been executed.
A copy of the list of exhibits must be given to the Court before the trial begins.
- Document
- Trial exhibit list
Must include
- •Exhibit list
Filing & Service rules
Electronic Filing Rules
Each electronically filed exhibit must be submitted and labeled as a separate NYSCEF document.
Each E-filed exhibit must be filed and labeled as a separate NYSCEF document.
Page 4 | C. Submission of the Motion
Filing Timing and Cure Windows
Papers must be submitted timely, and the Court will not consider late papers without its approval.
All papers shall be submitted in a timely manner. The Court will not consider late papers absent Court approval.
Page 4 | C. Submission of the Motion
A Note of Issue must be filed within 90 days after certification unless the Certification Order specifies otherwise.
A Note of Issue shall be filed within ninety (90) days after certification, unless otherwise specified in the Certification Order.
Page 6 | VI. TRIAL RULES: APPLICABLE TO ALL TRIAL AND HEARINGS
Counsel must file a stipulation or statement of discontinuance with the assigned Part of the Court within 20 days after discontinuance.
Counsel are reminded of their obligations under §202.28 of the Uniform Rules for Trial Courts to file a stipulation or statement of discontinuance with the Part of the Court to which the matter has been assigned within twenty (20) days of the discontinuance.
Page 9 | VII. MISCELLANEOUS — D. SETTLEMENTS
Motions generally must be returnable and marked submitted on a Tuesday, subject to the Court's calendar, and non-discovery motions are submitted only unless the Court directs otherwise.
Motions shall be made returnable on a Tuesday (except as provided in [2] below), and shall be marked submitted on such date, subject to the demands of the Court’s calendar. All motions, other than discovery motions, are on submission only unless otherwise directed by the Court.
Page 3 | C. Submission of the Motion
Counsel should endeavor to align a motion's return date with an existing conference date, or the Court may advance the conference where practicable.
In the event a case is already scheduled for a conference with the Court, counsel should endeavor to make the return date of a motion, if possible, on said date. Alternatively, the Court may, where practicable, advance the conference date to align with the return date of the motion.
Page 3 | C. Submission of the Motion
A summary-judgment motion must be made within 60 days after filing the Note of Issue unless the Court grants leave for good cause.
Pursuant to CPLR §3212(a), a motion for summary judgment shall be made no later than sixty (60) days after the filing of the Note of Issue, except with leave of Court on good cause shown.
Page 4 | C. Submission of the Motion
Filing Fees and Waivers
Counsel for plaintiff must pay the requisite fee with the County Clerk and ensure submission of the Note of Issue to the 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 clerk who will then assign a calendar number.
Page 6 | VI. TRIAL RULES: APPLICABLE TO ALL TRIAL AND HEARINGS
Courtesy Copy Requirements
The Court must receive a courtesy copy of each trial exhibit during trial.
During trial the Court shall be provided with a courtesy copy of each exhibit.
Page 7 | 3. Exhibits
Pre-Motion Conference Requirements
Before filing a motion, the moving party generally must serve written notice stating the intended motion and requested relief and offering a good-faith attempt to resolve the matter, subject to emergency and significant-prejudice exceptions.
Except in an emergency situation or where an affirmation is presented demonstrating there will be significant prejudice to the moving party by giving prior notice, prior to making any motion, the moving party is required to serve a written notice to the opposing party of the intention to make the motion and the relief that will be sought in the motion, and offer to make a good faith attempt to resolve the matter.
Page 2 | II. MOTIONS — A. Pre-Motion — General Rules
The non-moving party must respond in writing within 48 business hours after receiving the pre-motion notice and identify any consent to or objection to the requested relief.
The non-moving party is required to respond in writing to the moving party, setting forth consents and/or objections to the relief requested, within 48 business hours of receipt of the written notice from the moving party.
Page 2 | II. MOTIONS — A. Pre-Motion — General Rules
Every discovery motion requires a conference on its return date unless the Court specifically waives the conference, and the movant must email the Court to schedule it.
Notwithstanding [1] above, all motions relating to discovery require a conference on the return date of the motion or order to show cause, unless otherwise specifically waived by the Court. The movant shall email the Court to schedule same.
Page 3 | B. Pre-Motion – Discovery
A discovery motion may not be marked submitted until the required conference has occurred and the Court determines that the matter cannot be resolved.
No discovery motion shall be marked submitted prior to the holding of a conference with the Court in accordance with this rule, and prior to this Court’s determination that the matter cannot be resolved in conference.
Page 3 | B. Pre-Motion – Discovery
Movants are encouraged to schedule a virtual conference before making or filing a discovery motion to attempt to resolve the dispute.
Prior to making or filing any discovery motions, the movant is encouraged to schedule a virtual conference to permit the parties and the Court to attempt to resolve the issue(s).
Page 3 | B. Pre-Motion – Discovery
Adjournment & Extension Requirements
A complete Request for Adjournment Form is mandatory, and incomplete or untimely forms are summarily denied unless extraordinary circumstances are presented to the Court.
Applications MUST be made using the Request for Adjournment Form attached hereto. The Request for Adjournment Form is to be filled out completely. Incomplete forms or forms received after 2:00pm on the business day prior to the conference date or return date shall be summarily denied, unless the Court is advised of extraordinary circumstances, which will be taken into consideration.
Page 1 | I. ADJOURNMENTS — A. Motions and Compliance Conferences
Consent applications to adjourn a conference or motion must be received by Chambers by facsimile or email at 2:00 p.m. on the preceding business day.
Applications to adjourn conferences or motions on consent must be received by Chambers via (facsimile /electronic mail) by 2:00pm on the business day prior to the conference date or return date of the motion.
Page 1 | I. ADJOURNMENTS — A. Motions and Compliance Conferences
If the parties do not consent, the adjournment application must be made by conference call with all counsel by 3:00 p.m. on the preceding day, and all parties must participate.
If all parties do not consent to the adjournment, an application shall be made by conference call, with all counsel, no later than 3:00pm on the day preceding the scheduled conference or the motion. No requests for an adjournment will be entertained without all parties participating in the conference call.
Page 2 | I. ADJOURNMENTS — A. Motions and Compliance Conferences
An adjournment requires consent from all parties and prior Court approval.
Adjournments of motions and conferences may be granted if there is consent of all parties and prior approval of the Court. No adjournments will be granted without the approval of the Court.
Page 2 | I. ADJOURNMENTS — A. Motions and Compliance Conferences
A request to continue or vacate a stay or TRO beyond the motion's return date must be made at a conference with all parties present.
Requests to continue or vacate a stay or TRO beyond the return date of the motion shall be made at a conference with all parties present.
Page 4 | C. Application for a Stay or Temporary Restraining Order
The court will not grant adjournments without its consent.
There will be no adjournments without the court’s consent.
Page 6 | VI. TRIAL RULES: APPLICABLE TO ALL TRIAL AND HEARINGS
Adjournments and delays during trial are not accepted unless the Court finds 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 the Court finds exigent circumstances exist.
Page 8 | F. Trial Procedure
Every adjournment request must be received by email or fax before 2:00 p.m. on the business day preceding the scheduled appearance.
ALL REQUESTS MUST BE RECEIVED VIA EMAIL (JudgePragerRemote@nycourts.gov; cglanzma@nycourts.gov) OR FACSIMILE (516) 493-3278 BEFORE 2:00PM OF THE BUSINESS DAY PRIOR TO THE SCHEDULED APPEARANCE DATE.
Page 11 | REQUEST FOR ADJOURNMENT FORM - Part 12
The request must state the reasons for the adjournment and include an Affirmation of Engagement when applicable.
REASONS FOR ADJOURNMENT: (Affirmation of Engagement must be attached if applicable)
Page 11 | REQUEST FOR ADJOURNMENT FORM - Part 12
The request-for-adjournment form must be completed in full or it will be disregarded.
THIS FORM MUST BE FILLED OUT COMPLETELY INCOMPLETE FORMS WILL BE DISREGARDED
Page 11 | REQUEST FOR ADJOURNMENT FORM - Part 12
The request must identify the number of prior adjournments, the calendared event date, and at least three requested alternative adjournment dates.
NUMBER OF PRIOR ADJOURNMENTS (OF THIS PARTICULAR EVENT): __________________________ DATE ON COURT CALENDAR:_____________ REQUESTED (at least 3) ADJ. DATES: 1) _________ 2) _________ 3) __________ 4) _________
Page 11 | REQUEST FOR ADJOURNMENT FORM - Part 12
An extension results in automatic vacatur of a stay or TRO unless the Order to Show Cause provides otherwise.
extension shall result in the automatic vacatur of the stay or TRO, unless the Order to Show Cause provides otherwise.
Page 5 | II. MOTIONS
Chambers Communication Rules
Unless the application is made in court, an approved adjournment must be confirmed immediately to Chambers by fax or email, with a copy to all appearing counsel.
Except for applications made in court, upon approval of the adjournment, a letter must immediately be submitted by (fax/email) to Chambers confirming same with a copy to all counsel appearing in the matter.
Page 2 | I. ADJOURNMENTS — A. Motions and Compliance Conferences
Letters and emails to the Court addressing substantive issues are not permitted without prior Court approval.
Letters/emails to the Court that relate to substantive issues are not permitted without prior approval of the Court.
Page 5 | IV. COMMUNICATION WITH CHAMBERS
The Court will not accept telefax communications or submissions without prior permission.
The Court will not accept telefax communications or submissions without prior permission.
Page 6 | IV. COMMUNICATION WITH CHAMBERS
The Court will not accept ex parte telephone communications concerning substantive issues.
The Court will not accept ex parte telephone communications on substantive issues.
Page 6 | IV. COMMUNICATION WITH CHAMBERS
A confirming letter identifying the adjournment date and time must be forwarded to chambers.
FORWARD A CONFIRMING LETTER TO CHAMBERS INDICATING THE ADJOURN DATE AND TIME
Page 11 | REQUEST FOR ADJOURNMENT FORM - Part 12
Chambers may receive adjournment requests through the listed email addresses.
JudgePragerRemote@nycourts.gov; cglanzma@nycourts.gov
Page 11 | REQUEST FOR ADJOURNMENT FORM - Part 12
Chambers may receive adjournment requests by fax at the listed number.
Fax: (516) 493-3278 or
Page 11 | REQUEST FOR ADJOURNMENT FORM - Part 12