Judge Gary M. Carlton
Individual Rules, Standing Orders & Policies
Communication
Chambers
Phone
Chambers
Fax
Chambers
Document Filing Requirements3 rules
All counsel and self-represented litigants must promptly notify the Court in writing of settlement, discontinuance, complete or partial mootness, death, or bankruptcy.
Court's wording
All counsel, including self-represented litigants, have a continuing obligation to promptly notify the Court in writing if an action is settled or discontinued, if a case or motion becomes wholly or partially moot, or if a party dies or files for bankruptcy. Such notification must be made in writing to the Court (see 22 NYCRR 202.28 [b]).
Movant shall submit a statement of material facts in accordance with former 22 NYCRR 202.8-g.
Must include
- •Statement of facts
Opposing parties must submit a responsive statement consistent with former 22 NYCRR 202.8-g(b).
Filing & Service rules
Electronic Filing Rules
Counsel must promptly notify the Court through a NYSCEF filing and chambers by email when an action is settled, discontinued, or otherwise disposed of.
If an action is settled, discontinued, or otherwise disposed of, counsel must promptly notify the Court. Notification shall be made by filing of the stipulation or a letter on NYSCEF. Counsel shall also notify chambers via email (see 22 NYCRR 202.28 [a]).
Page 2 | Appearances
In non-NYSCEF cases, all motions and related opposition and reply papers must be filed with the County Clerk.
For non-NYSCEF cases, all motions and related papers (including opposition and reply) must be filed with the County Clerk.
Page 3 | Motion Practice
Filing Timing and Cure Windows
All motion papers, including reply papers, must be filed by 5:00 p.m. on the business day before the return date.
All papers, including reply papers, must be filed no later than 5:00 p.m. on the business day immediately preceding the return date.
Page 3 | Motion Practice
A motion for summary judgment under CPLR 3212(a) must be made no later than 60 days after the note of issue is filed.
Pursuant to CPLR 3212(a) motions for summary judgment shall be made no later than 60 days after the filing of the note of issue.
Page 4 | Motion Practice
A note of issue must be filed before trial may commence.
The filing of a note of issue is a condition precedent to the commencement of trial.
Page 5 | Trials
A note of issue must be filed before any trial may commence, and parties must contact the court 48 hours before trial to confirm everyone will appear.
The filing of a note of issue is a condition precedent to the commencement of any trial. It is the obligation of the parties to contact the Court 48 hours prior to the start of the trial to confirm all parties will appear. Failure to contact the Court may result in the trial date being adjourned.
Page 5 | Non-Jury Trials
A complaint is subject to dismissal when the note-of-issue filing deadline passes without the note being filed.
D. Note of Issue Deadline: If the deadline for filing a note of issue has passed and the note of issue has not been filed, the complaint will be subject to dismissal.
Page 6 | Miscellaneous Rules — Note of Issue Deadline
A note of issue must be filed before an inquest may commence.
B. Hearings/Inquests: All hearings and inquests arising from cases in Part 23 inventory shall be scheduled by the Court. The filing of a note of issue is a condition precedent to the commencement of any inquest.
Page 6 | Miscellaneous Rules — Hearings/Inquests
Service and Proof of Service Rules
Proof of service must be filed at least two business days before the order to show cause return date.
Proof of service must be filed at least two business days prior to the return date of the order to show cause.
Page 3 | Motion Practice
Adjournment & Extension Requirements
A certification conference may not be adjourned without the Court's prior approval.
There shall be no adjournments of certification conferences without prior approval of the Court.
Page 2 | Discovery Conferences
An adjournment request requires prior adversary consent, and if consent is refused, the requesting party must contact chambers for a ruling before the return date.
Any time an adjournment is requested, parties must first seek the consent of their adversary. If the adversary does not consent, the party requesting the adjournment must contact chambers for a ruling prior to the return date.
Page 3 | Motion Practice
A party may obtain a court-approved adjournment by filing a stipulation executed by all parties.
Subject to approval by the Court, adjournments may be obtained by filing a stipulation executed by all parties.
Page 3 | Motion Practice
Chambers Communication Rules
Parties may email chambers only when copying all other parties, and substantive or fact-specific correspondence requires prior Court approval; violating communications will be disregarded and repeated violations may lead to sanctions.
Parties may contact chambers by email at JudgeCarltonRemote@nycourts.gov provided all other parties are copied. However, no correspondence may raise substantive issues or discuss the facts of the case without prior approval from the Court. Unsolicited communications that violate this rule will be disregarded. Repeated violations may result in sanctions.
Page 1 | Correspondence
Telephone contact with chambers is permitted only for emergencies requiring immediate attention.
Except as provided below, telephone calls to chambers are permitted only in emergency situations requiring immediate attention. In such situations only, chambers may be contacted at the number listed above.
Page 1 | Telephone Calls
After an action is settled, discontinued, or otherwise disposed of, counsel must also notify chambers by email.
Counsel shall also notify chambers via email (see 22 NYCRR 202.28 [a]).
Page 2 | Appearances
Faxes to chambers are prohibited unless the party first obtains authorization.
Faxes to chambers are not permitted unless prior authorization is obtained.
Page 1 | Correspondence
When a good-faith conference call with the principal law clerk may help resolve issues or avoid motion practice, parties may contact chambers to schedule a conference.
If the parties believe in good faith that a conference call with the principal law clerk may assist in resolving issues and potentially eliminate the need for motion practice, they may contact chambers to schedule a conference to discuss the matter.
Page 4 | Motion Practice