Judge Francis Ricigliano
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- The Court is inclined to grant a party a brief, one-time adjournment over objection on a first request supported by good cause.
- Requests to adjourn a preliminary conference must be addressed to the PC Part rather than chambers.
- Conference adjournment requests must be submitted through chambers by 3:00 p.m. on the preceding day.
- +11 more
Request must include
Communication
Chambers
Phone
Chambers
Document Format Requirements1 rule
All exhibits over 50 pages MUST BE BATE STAMPED.
- Exhibits
- More than 50 pages
Formatting
- •Bates stamp exhibits over 50 pages
Document Filing Requirements23 rules
No sur-reply affidavit, affirmation or letter will be accepted or considered by the Court.
Accordingly, any application for temporary injunctive relief shall contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by giving notice.
In the absence of a showing of significant prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought.
If all or part of a submitted motion is settled, a letter or stipulation shall be sent to the court, on notice to all parties/counsel, and same shall be uploaded to NYSCEF.
If any motion is resolved, in whole or part, on the record, counsel shall obtain such transcript so that same can be “so ordered,” unless the Court otherwise directs.
No Reply papers will be permitted on Orders to Show Cause.
All motions, briefs, and pleadings seeking relief must include a certification as set forth in Appendix A.
Such notice shall set forth the date that the motion was submitted, what aspects of the motion have been settled, and what issues, if any, remain to be decided.
No reply affirmations will be permitted on cross-motions.
At the trial conference, counsel shall supply the Court with all pleadings, all bills of particulars, witness lists, exhibit lists and any deposition transcripts that will be used at trial.
A sanctions application must include proof that the movant first sought withdrawal, discontinuance, or a required action that was refused.
Court's wording
A. The Court will not consider an application for sanctions unless the moving party first seeks withdrawal or discontinuance of the offending act or action or demands a required or necessary action which is refused. Proof of such request must be made a part of the sanction application.
Subpoenas seeking documents from a state agency must comply with CPLR 2307 and be accompanied by an affirmation of counsel setting forth the potential relevance of the information sought.
In professional-negligence cases, each party must furnish the Court and opposing counsel with a list of asserted departures testified to by experts, including page references when the testimony is transcribed.
Court's wording
G. Malpractice “Departures”: In cases involving claims of professional negligence, on the next trial session after a party rests, or such other time as the Court may direct, each party [plaintiff] shall furnish the Court and counsel for all parties with a list of departures from the standards of good and accepted practice which that party asserts were testified to by its expert witness or witnesses. Where the testimony has been transcribed, page references will be required.
Counsel shall further provide the Court with proposed jury charges and proposed jury verdict sheets at the trial conference.
Counsel must promptly notify the Court of motions in limine and submit a brief written affirmation or memorandum describing the application and supporting authority.
Court's wording
B. Motions in Limine: Counsel shall notify the Court as soon as the trial assignment is made, or at the trial conference if unable to do so sooner, of any motions in limine and any supporting authority or case law. Counsel shall submit a brief written affirmation and/or memorandum of law setting forth the nature of the application and any supporting authority or case law.
The filing of a Note of Issue is a condition precedent to the commencement of any trial.
A compromise application must comply with specified statutes and include a proposed distribution consistent with CPLR 1206.
Court's wording
Compliance with the provisions of CPLR Sections 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 the CPLR 1206 is required.
The report must indicate whether the injured plaintiff has fully recovered, and if not, the nature and the extent of the injuries and the costs of future treatment.
The Court will not accept medical reports/affidavits executed more than six months prior to the submission date.
the names and addresses of all such person and the amount of their prospective claims must be set forth in the petition. If no person has asserted such a claim, the petition must so state.
The Court generally will not entertain oral argument of motions, however, a pro se party or counsel may request oral argument by letter accompanying the motion papers in accordance with 22 NYCRR 202.8-f.
Except as otherwise permitted by the CPLR, subpoenaed records for trial must be sent to the Subpoenaed Records Room. Trial authorizations should be filled out accordingly.
Should there be a significant reason that same is requested, the stipulation may be sent to chambers by email with a cover letter requesting said relief and the reason for requesting it, with copies to all counsel/ pro se parties.
Filing & Service rules
Electronic Filing Rules
Motions must be uploaded to NYSCEF where appropriate.
Motions are to be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.
Page 3 | III. Motions
A movant's letter requesting withdrawal of a motion must be uploaded to NYSCEF, and it may also be sent to chambers by email or fax.
If a motion is being withdrawn, a letter from the movant requesting withdrawal may be sent to chambers by email or fax and must be uploaded to NYSCEF.
Page 4 | III. Motions
A settlement letter or stipulation for a submitted motion must be uploaded to NYSCEF.
If all or part of a submitted motion is settled, a letter or stipulation shall be sent to the court, on notice to all parties/counsel, and same shall be uploaded to NYSCEF.
Page 4 | III. Motions
Counsel must obtain court permission before submitting evidentiary materials to NYSCEF unless they are exhibits to a formal motion or an approved filing.
Counsel must seek permission of the Court for the submission of “evidentiary” materials to NYSCEF, unless such materials are exhibits to a formally submitted motion or an approved filing.
Page 10 | VII. E. Paper Submission to NYSCEF
Motions in limine should be e-filed on NYSCEF as a Pre-Trial Memorandum and emailed to the two listed addresses.
Motions in limine should be e-filed as “Pre-Trial Memorandum” document type on NYSCEF and emailed to tkwittig@nycourts.gov and JudgeRiciglianoRemote@nycourts.gov.
Page 6 | VI. Trials
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 4 | III. Motions
Settlement documents must be uploaded to NYSCEF within two days.
Counsel shall further upload settlement documents within 2 days.
Page 9 | VI. Q. Disposition of Cases
Service and Proof of Service Rules
Motions must be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.
Motions are to be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.
Page 3 | III. Motions
When significant prejudice is not shown, the applicant must give the opposing side at least 24 hours' notice before presenting the Order to Show Cause to the Court.
Where there has been no significant prejudice shown, the Court requires that the party seeking temporary injunctive relief give the opposing side 24 hours’ notice in advance of presentment of the Order to Show Cause to the Court.
Page 4 | III. Motions
Notice should be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.
Notice should be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.
Page 4 | III. Motions
Compromise applications must include proof of service on all remaining parties.
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.
Page 9 | VII. B. Compromise Applications
Each communication with chambers must identify the action and parties and must be delivered simultaneously to all counsel.
In all communications with chambers, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel.
Page 5 | IV. Communications with Chambers
Pre-Motion Conference Requirements
A request for a discovery-related conference must use the Pre-Motion Discovery Conference Request Form and be emailed to chambers.
Requests for discovery related conferences must be submitted on the Pre-Motion Discovery Conference Request Form (you can find it here) and must be sent to chambers by email.
Page 2 | III. Motions
Before making or filing a discovery motion, the moving party’s counsel must make a good-faith effort to resolve the dispute.
Prior to making or filing any discovery motions, counsel for the moving party MUST make a good faith effort to resolve the issues at hand, pursuant to 22 NYCRR 202.7(c) and section 202.20-f.
Page 2 | III. Motions
If a good-faith effort does not resolve discovery issues, moving counsel must arrange a conference among all parties’ counsel and the court before filing a discovery motion.
If after a true good faith effort to resolve the discovery issues has been made without success, counsel for the moving party MUST arrange for a conference to be held among counsel for all parties and the Court to discuss the issues involved and the possible resolution of those issues.
Page 2 | III. Motions
Letters alone do not constitute an adequate good-faith effort unless they show an actual exchange among counsel rather than a unilateral request or threat.
It is the policy of this Part to not accept letters as good faith efforts, unless a series of letters indicates an interaction among counsel and not just a one-sided request or threat.
Page 2 | III. Motions
Adjournment & Extension Requirements
Conference adjournment requests must be submitted through chambers by 3:00 p.m. on the preceding day.
Requests for adjournments of conferences must be made through chambers, in the manner directed below, no later than 3:00 p.m. on the date preceding the scheduled conference.
Page 2 | II. All other Conferences
An adjournment request must include two dates within six weeks of the original date, each consented to by all parties.
Two proposed adjournment dates, no more than six weeks from the original date, consented to by all parties, must be provided at the time the adjournment is sought.
Page 2 | II. All other Conferences
An adjournment application must use the Request for Adjournment Form and be sent to chambers by email or fax.
Applications for adjournments must be made on the Request for Adjournment Form (you can find it here) and must be sent to chambers by email or fax.
Page 2 | II. All other Conferences
If a motion adjournment is not consented to, all counsel and pro se parties must appear in person on the scheduled motion date regarding the adjournment.
If there is no consent to adjourn the motion, all counsel or pro se parties must appear in court in person regarding the adjournment on the scheduled motion date.
Page 3 | III. Motions
A motion adjournment request must be submitted through the Courtroom Clerk or by filing the Request for Adjournment Form with chambers before the return date.
Motion adjournment requests must be made through the Courtroom Clerk of this part or by submitting to chambers the Request for Adjournment Form (you can find it here) prior to the return date.
Page 3 | III. Motions
The Court will consider granting the request if good cause is shown and all parties consent.
The Court will consider granting such request upon good cause shown and with the consent of all parties.
Page 3 | III. Motions
The motion adjournment request must include a proposed date certain agreed to by all parties.
A date certain consented by all parties must be requested at the time the adjournment is sought.
Page 3 | III. Motions
A cross-motion set for a date after the original motion's return date does not adjourn the original motion.
Submission of a cross-motion with a stated return date that is beyond the return date of the original motion will not serve to adjourn the original motion.
Page 4 | III. Motions
Adjournment requests left on Chambers voicemail will be disregarded and must instead comply with the Part Rules.
H. Adjournment requests that are left on Chamber’s voicemail shall be disregarded. All requests for adjournments must be made in accordance with the directives of these Part Rules.
Page 5 | IV. Communications with Chambers
Requests to adjourn a preliminary conference must be addressed to the PC Part rather than chambers.
Requests for adjournments of Preliminary Conferences are to be addressed to the PC Part and not to chambers.
Page 1 | I. Preliminary Conferences
Any objection to a conference adjournment must be stated on the Request for Adjournment Form, after which the court will contact all parties.
If any party or counsel objects to the adjournment of the conference, so state on the Request for Adjournment Form and the Court will contact all parties.
Page 2 | II. All other Conferences
The court will consider a conference adjournment request when good cause and unanimous party consent are shown.
The Court will consider granting such requests upon good cause shown and the consent of all parties.
Page 2 | II. All other Conferences
The Court is inclined to grant a party a brief, one-time adjournment over objection on a first request supported by good cause.
The Court is inclined to allow each side a brief one-time adjournment over objection upon good cause if it is the party/counsel’s first request for same.
Page 3 | III. Motions
Counsel ordinarily need not appear on a motion's return date unless the Court directs appearance or the party contests an adjournment application.
Counsel are not required to appear on the return date of a motion unless directed by the Court or unless there is a contested application for adjournment.
Page 3 | III. Motions
Chambers Communication Rules
Parties and counsel must not email Judge Ricigliano directly.
F. DO NOT EMAIL JUDGE RICIGLIANO DIRECTLY.
Page 5 | IV. Communications with Chambers
All communications with chambers must be emailed to JudgeRiciglianoRemote@nycourts.gov, identify the action and parties, and include simultaneous copies for all counsel; communications submitted through e-filing should not be assumed to reach Chambers.
A. All communications with chambers shall me made via email (to JudgeRiciglianoRemote@nycourts.gov). In all communications with chambers, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel. Do not assume that communications submitted through e-filing are seen by Chambers.
Page 5 | IV. Communications with Chambers
Faxes to Chambers are prohibited for all purposes and will not be read.
C. Faxes: Faxes are not permitted for any purpose and will not be read.
Page 5 | IV. Communications with Chambers
Counsel must notify chambers by email or fax when a pending action has settled.
If a pending action has been settled, counsel shall notify chambers by email or fax that the matter has been settled
Page 9 | VI. Q. Disposition of Cases
A party opposing temporary injunctive relief must email the Court, with notice to all parties, and request a time to appear.
Upon such notice, any party/counsel seeking to be heard in opposition to the request for injunctive relief must email the Court, on notice, to all parties, requesting a time to appear for same.
Page 4 | III. Motions
Telephone calls to Chambers are generally prohibited except for emergencies requiring immediate attention.
G. Except as provided herein, telephone calls to chambers are not permitted absent emergency situations requiring immediate attention.
Page 5 | IV. Communications with Chambers
Counsel must notify the Court as soon as the case is assigned if a witness needs a language interpreter.
D. Counsel shall notify the Court if a witness requires a language interpreter as soon as the case is assigned so that timely arrangements can be made.
Page 6 | VI. Trials
When requesting that a stipulation be so ordered for significant reasons, it may be emailed to chambers with a cover letter explaining the request and copies to all counsel and pro se parties.
Should there be a significant reason that same is requested, the stipulation may be sent to chambers by email with a cover letter requesting said relief and the reason for requesting it, with copies to all counsel/ pro se parties.
Page 10 | VII. D. Stipulations to be “so ordered”