Judge Gregg Roth
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- An application adjournment requires a consent stipulation signed by all parties and any nonparty alleged contemptor, received in Chambers by 1:00 p.m. on the day before the return date.
Communication
Chambers, Duty Judge
Phone
Chambers
Document Filing Requirements3 rules
On non-e-filed cases, or cases where there is only “partial participation” in e-filing, each set of moving papers, opposition papers and reply papers must contain an active email address for the author of the papers and the adversary/adversaries.
The court will not accept sur-reply papers unless prior authorization has been given by the court. Sur-reply papers submitted in violation of this rule will be disregarded.
All discovery motions must contain an affirmation of good faith that strictly complies with 22 NYCRR 202.7(c). Failure to comply will result in denial of the motion.
Filing & Service rules
Electronic Filing Rules
Working copies and hard copies of motion papers are not required for e-filed cases.
Currently, the court does not require working copies or hard copies of motion papers on e-filed cases.
Page 3 | Motion Practice
Filing Timing and Cure Windows
Summary-judgment motions 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 | Summary Judgment
Pre-Motion Conference Requirements
Parties must follow the preliminary conference order's schedule, and any change requires prior court permission.
The court expects parties to strictly adhere to the schedule contained within the preliminary conference order. That schedule cannot be changed without prior permission of the court.
Page 2 | Preliminary Conferences
The compliance conference must be held no later than 60 days before the scheduled completion of discovery.
The compliance conference date will be set down in the preliminary conference order and must be held no later than 60 days before the date scheduled for the completion of discovery (22 NYCRR §202.19[b][3]).
Page 2 | Compliance Conference
Attorneys at a compliance conference must have telephone access to their clients and be prepared for good-faith settlement discussions.
Attorneys appearing at the compliance conference must have telephone access to their respective clients and shall be prepared to enter into good faith settlement discussions.
Page 2 | Compliance Conference
Preliminary conferences must comply with 22 NYCRR §202.19 and be held in the Supreme Court Building's Preliminary Conference Part.
Preliminary conferences will be held according to the rules set forth in 22 NYCRR §202.19 and will be conducted in the Preliminary Conference Part of the Supreme Court Building.
Page 2 | Preliminary Conferences
The compliance conference may not be held later than the compliance requirement date stated in the DCM.
In no event shall the compliance conference be held later than the compliance requirement date as set forth in the DCM
Page 2 | Compliance Conference
Parties must meet and confer regarding discovery disputes before involving the court or filing a discovery motion.
Regarding discovery disputes, parties are required to meet and confer before involving the court or making a motion (Rule 202.20-f).
Page 4 | Discovery in General
Before a preliminary or compliance conference, counsel must consult about case resolution, discovery, alternate dispute resolution, and any mutually agreed informal information exchange.
“Counsel for all parties shall consult prior to a preliminary or compliance conference about (i) resolution of the case, in whole or in part; (ii) discovery, including discovery of electronically stored information, and any other issues to be discussed at the conference, (iii) the use of alternate dispute resolution to resolve all or some issues in the litigation; and (iv) any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case.
Page 2 | Preliminary Conferences
Compliance conferences may be held in person or virtually.
Conferences will be held in-person and virtually.
Page 2 | Compliance Conference
Adjournment & Extension Requirements
A compliance conference adjournment will be granted only for compelling reasons.
Adjournments will be granted only for compelling reasons.
Page 2 | Compliance Conference
A consent adjournment of a compliance conference requires a call to chambers by 4:00 p.m. the day before, a confirming letter by email or e-filing with notice to all parties, and court permission for any adjournment exceeding one occurrence or four weeks.
To adjourn a compliance conference on consent, call chambers (516-493-3247) not later than 4:00 p.m. the day before the conference to seek permission. A letter confirming the adjournment must be sent by email to JudgeRothremote@nycourts.gov, or efiled, with notice to all other parties, as directed by the court. No compliance conference may be adjourned by phone or stipulation more than once or more than four (4) weeks without permission from the court.
Page 3 | Compliance Conference
Certification conferences may not be adjourned without court permission.
There shall be no adjournments of certification conferences without the permission of the court.
Page 3 | Certification Conference
An application adjournment requires a consent stipulation signed by all parties and any nonparty alleged contemptor, received in Chambers by 1:00 p.m. on the day before the return date.
All applications shall be calendared on the date returnable. No adjournments will be granted unless a stipulation consenting to the adjournment, signed by all parties and any alleged contemptor who is not a party, is received in Chambers no later than 1:00 p.m. of the day prior to the return date.
Page 4 | Writs and Contempts
Motion return-date and adjournment questions should be directed to the courtroom clerk; adjournment requests require adversary consent, may be raised by conference call with the law secretary if consent is refused, and cannot be left by voicemail, while no appearance is required on the return date.
All motions are made returnable to the Hon. Gregg Roth, Part 26. Parties should contact the courtroom clerk with all questions regarding return dates and adjournments. If an adjournment of a motion is being requested, parties must first seek the consent of their adversary. If the adversary does not consent, a conference call with the law secretary can be requested. The court does not accept adjournments left by message on the chamber’s or courtroom clerk’s voice mail. There shall be no appearance required on motion return dates. If oral argument is requested, the court will consider the request, after reviewing the papers, and will then inform the parties of the date of the oral argument if the request is granted.
Page 3 | Motion Practice
Chambers Communication Rules
Emails to the court discussing substantive issues or case facts require prior court approval.
Emails sent to the court that contain substantive issues regarding the case, or discuss the facts of the case in any manner, are not permitted absent prior approval from the court.
Page 1 | Email
Telephone calls to chambers are permitted only for emergency situations requiring immediate attention.
Except as provided below, telephone calls to chambers are permitted only in emergency situations requiring immediate attention.
Page 1 | Telephone Calls
Email communication with the law secretary requires chambers permission.
Parties may communicate with the law secretary by email, with permission of chambers.
Page 1 | Email
Parties may email chambers at JudgeRothRemote@nycourts.gov if all other parties are given notice.
Parties may also email chambers at JudgeRothRemote@nycourts.gov on notice to all other parties.
Page 1 | Email
A party emailing the law secretary must copy all other case parties.
A party emailing the law secretary must include all the other parties to the case on the email.
Page 1 | Email
Letters to the court discussing substantive issues or case facts require prior court approval.
Except as provided below, letters to the court that contain substantive issues regarding the case, or discuss the facts of the case in any manner, are not permitted absent prior approval from the court.
Page 1 | Letters
Letters submitted without prior court approval will be disregarded.
Letters sent without prior approval will be disregarded.
Page 1 | Letters
Emails submitted without approval will be disregarded.
Emails sent without approval will be disregarded.
Page 1 | Email
Counsel must email Judge Roth simultaneously when filing a motion in limine and provide notice to all parties.
Simultaneously with the filing of a motion in limine, counsel shall also notify the Court of such filing via email to JudgeRothRemote@nycourts.gov on notice to all parties.
Page 5 | Motions in Limine
Counsel and unrepresented parties must contact the court 48 hours before a non-jury trial to confirm appearances, failing which the trial may be changed or vacated.
It is the obligation of counsel or an unrepresented party or 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 can result in the trial date being changed or vacated.
Page 5 | Non Jury Trials
Repeated violations of the restriction on substantive letters may result in sanctions.
Repeated violations of this rule will result in sanctions.
Page 1 | Letters
Parties may call chambers to request a conference call when they believe it may resolve issues and avoid a motion.
If the parties believe, in good faith, a conference call with the court may help resolve certain issues and obviate the need to make a motion, the parties may call chambers to ascertain the court’s availability.
Page 4 | Phone Conferences with Chambers
Individual parties may contact the court to request a conference or ask about Part procedures not covered by the standing rules.
Individual parties may contact the court to request a conference or to inquire about Part procedures that are not otherwise contained in these rules.
Page 5 | Miscellaneous Rules — A. Ex parte and miscellaneous communications