Judge Jerome C. Murphy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Order to Show Cause, Motion, Opposition, Reply, Exhibits
Adjournments
- A preliminary conference may be adjourned no more than once and for no more than 30 days, except for good cause.
- Motion adjournment requests require consent from the other parties and a NYSCEF letter confirming the adjourned date, served on all parties by the motion’s return date, with a copy emailed to the Part Clerk and chambers.
- A scheduled conference may be adjourned upon request to the Part with consent of the other parties, but the consent or signed stipulation must be provided by the scheduled conference date.
Request must include
Page & Word Limits2 rules
A party with a disclosure dispute shall write a letter to the Part, with a maximum of 3 single-spaced pages, outlining with specificity the issue(s) presented.
- Letter
- Up to 3 pages
- Format
- Single-spaced
Any Memorandums of Law of up to 7000 words, but no response memorandums are to be submitted
- Word limit
- Up to 7,000 words
Document Format Requirements8 rules
The fact that a provisional remedy is sought shall be clearly noted on the face page of the Order to Show Cause.
An electronically filed document citing a previously filed NYSCEF document must include a hyperlink to that document's NYSCEF docket entry.
Court's wording
In addition for any electronically filed documents, that cite to documents previously filed with NYSCEF, they shall include a hyperlink to the NYSCEF docket entry for those cited documents, enabling access to the cited documents through the hyperlink.
Electronically filed motions, orders to show cause, and legal memoranda must hyperlink cited legal authorities to an accessible legal-research database or state or federal government website.
Court's wording
For all motions, orders to show cause and legal memoranda, the Court requires: (a) That these electronically filed papers include hyperlinks to cited court decisions, statutes, rules, regulations, treatises, and other legal authorities in either legal research databases to which the Court has access, or in state or federal government websites.
Such documents shall be properly backed, contain exhibit tabs, and be received on or before the date upon which the motion is submitted.
Formatting
- •Documents must be received on or before the motion submission date
As it relates to motions and orders to show causes, this Part requires “Hard Copies” before these matters will be submitted in this Part and can be considered for a decision and order. These hard copies are to be properly backed and contain exhibit tabs.
- Motion
Formatting
- •Hard copies required before submission and consideration for decision and order
- •Properly backed
- •Exhibit tabs
The court will excuse the hyperlink requirement when the party makes a good-faith certification of undue technological burden or other good cause.
Court's wording
if a party certifies in good faith that it cannot include hyperlinks as required by this rule without undue burden due to limitations in its office technology or by other showing of good cause, this Court will excuse the party from this hyperlinking requirement.
Hyperlinks may not provide access to documents filed under seal or otherwise not in the public record.
Cited documents filed with NYSCEF that are accessible through bookmarks in the electronically submitted document need not also be hyperlinked.
Document Filing Requirements10 rules
(a) Name, Law Firm, Address, Firm Telephone Number, Direct Telephone Number, e-mail address, and full names of all parties.
If sought, a proposed Confidentiality Agreement, is to be submitted to be So Ordered.
If changes to a Model Form are required, the parties are to submit a signed Confidentiality Agreement with changes and a red line copy for the court’s review and consideration.
For summary-judgment motions other than under CPLR §3213, the moving party must attach a concise numbered statement of undisputed material facts with supporting evidence citations.
Court's wording
Upon motion for summary judgment other than pursuant to CPLR §3213, movant shall annex to the motion a short and concise statement, in numbered paragraphs with a citation to the evidence submitted in support of that paragraph, of the material facts as to which the moving party contends there is no genuine issue of fact.
Opposing summary-judgment papers must respond in correspondingly numbered paragraphs and, if necessary, state additional material facts creating genuine issues with evidence citations.
- Document
- Opposition
Must include
- •Statement of facts
Court's wording
Opposing papers shall contain a correspondingly numbered paragraph responding to each number paragraph in the moving party’s statement, and, if necessary, additional paragraphs containing a statement of the material facts upon which the opponent believes that there exists a genuine issue requiring trial also including citations to the evidence.
Upon Completion of a Certification Conference, the parties will be directed to file a Note of Issue and Certificate of Readiness.
Any jury questions (or for a non-jury case, the issues to be decided); Any jury charges (or for a non-jury case, the law to be considered by the Court); All marked pleadings and expert reports; Copies of EBTs, Interrogatories and Bills of Particulars to be used at trial; and Any anticipated exhibits are to be pre-marked for identification;
The applicant must set forth his or her willingness to abide by the Disciplinary Rules of the State of New York, and agree to disclose any change in his or her status as a member in good standing of the bar of another jurisdiction.
including requests made by stipulation, shall be accompanied by an affirmation in support by a member of the Bar of the State of New York, an affirmation from the applicant, and a recent certificate of good standing of the applicant from the jurisdiction in which he or she is admitted to practice.
where it is agreed upon by all counsel, these are to be marked into evidence. The parties shall call the Part Clerk at (516) 493-3246 and make arrangements at least 7 business days before trial to have a court reporter mark these documents. Plaintiff's exhibits shall be tabbed numerically and defendant's exhibits shall be tabbed alphabetically.
Filing & Service rules
Filing Timing and Cure Windows
A party seeking an Order to Show Cause must give the other parties at least 24 hours' notice and attach an affidavit or affirmation of notice.
a party seeking an Order to Show Cause shall provide a minimum of 24 ===== PAGE 4 ===== hours notice to the other parties, and annex an Affidavit or Affirmation of Notice to the documents.
Page 3 | Orders to Show Cause
For a Commercial Division trial before Justice Jerome C. Murphy, the listed pretrial materials must be provided in binders to the court and all parties at least seven days before trial or jury selection, whichever is sooner.
For any Commercial Division case to be tried before Justice Jerome C. Murphy, either with or without a jury, the court requires that at least seven (7) days prior to trial, and/or jury selection, whichever is sooner, all of the following are to be provided in binders to the Court and all parties:
Page 8 | 24. Pre-Trial & Trial Procedures
Service and Proof of Service Rules
For discovery requests, specific responses must be served or proper objections must be made timely under CPLR §3122(a).
pursuant to Rule 11-e specific responses pursuant to a request shall be served, or proper objections timely made pursuant to CPLR §3122(a).
Page 2 | For All Commercial Division Matters — Discovery
Courtesy Copy Requirements
Working copies of orders to show cause, motions, opposition papers, reply papers, and attached exhibits must be provided to the court by the motion's return date.
In addition to the e-filing requirements, Working Copies of all orders to show cause, motions, opposition, and reply papers, along with all attached exhibits, shall be provided to the court on or before the return date of the motion.
Page 7 | 20. Working Copies of all Orders to Show Cause and Motions
Sealing & Redaction Procedures
When the parties agree that documents present compelling circumstances for sealing, they may proceed by a stipulation stating the good-cause reasons and requesting an order approving the stipulation.
If the parties agree that the documents demonstrate compelling circumstances for sealing, they may proceed by means of a stipulation setting forth the good cause reasons for sealing, to be considered by the court, and for the stipulation to be so-ordered.
Page 7 | 21. Document Sealing Procedures
A party seeking sealing or redaction may proceed by order to show cause stating proper reasons and demonstrating good cause, or may redact pursuant to 22 NYCRR §216.1.
If a party seeks to have a document sealed or redacted, that party may proceed by Order to Show Cause giving proper reasons and demonstrating good cause for sealing, or redacting pursuant 22 NYCRR §216.1.
Page 7 | 21. Document Sealing Procedures
Before filing documents deemed confidential, a party must give the designating party at least five business days' notice, and the parties must meet and confer within three days of that notice.
Parties wishing to submit documents to the court which have been deemed confidential shall provide notice to the party who designated them as confidential, at least 5 business days before filing the documents at issue. The parties shall meet and confer within 3 days of such notification.
Page 7 | 21. Document Sealing Procedures
Documents proposed for sealing may be exchanged, but an unsealed version may not be filed unless the court finds in an order on the sealing motion that the documents are not subject to sealing.
While the parties are free to exchange documents sought to be sealed, no unsealed version of the documents shall be filed unless found to be not subject to sealing in an order on the sealing motion.
Page 7 | 21. Document Sealing Procedures
A sealing motion must be accompanied by an unredacted version of the relevant documents for the court's comparison with the redacted versions.
A sealing motion, must be accompanied by an unredacted version of the relevant documents, which shall be sent to the court for comparison with the redacted forms of the documents contained in the motion.
Page 7 | 21. Document Sealing Procedures
Filing Bundling Requirements
The required trial-preparation items must be completed at least seven days before trial or jury selection, whichever is sooner, and supplied to the judge and all parties in separate binders along with the documents marked for trial use.
As it relates to the above matters, these are all required whether the case is to be tried with or without a jury. This is all to be completed no later than seven (7) days prior to the beginning of the trial and/or jury selection, whichever is sooner, and the Judge, and all parties, are to receive a separate hard copy in binders, of each of the above items; in addition to binders with the actual documents being marked for use at trial.
Page 9
Pre-Motion Conference Requirements
A reply to an Order to Show Cause is prohibited unless the court gives prior approval.
replies are not allowed on the Order to Show Cause without prior approval of the Court.
Page 4 | Orders to Show Cause
The opposing side may submit a specific response of equal length within five days after the original disclosure-dispute letter.
The other side may submit a specific response of equal length, within 5 days of the date of the original letter.
Page 3 | Disclosure Disputes
After the disclosure-dispute letters are submitted, the Part will schedule a conference if necessary to resolve or limit the disputed issues.
The Part will then schedule a conference, if necessary, with the goal of resolving or limiting the issues in dispute consistent with Rule 14.
Page 3 | Disclosure Disputes
Adjournment & Extension Requirements
A preliminary conference may be adjourned no more than once and for no more than 30 days, except for good cause.
The Preliminary Conference may not be adjourned, except for good cause, more than once or for more than 30 days.
Page 1 | For All Commercial Division Matters — Preliminary Conferences
A scheduled conference may be adjourned upon request to the Part with consent of the other parties, but the consent or signed stipulation must be provided by the scheduled conference date.
An adjournment of a scheduled conference may be obtained upon request to the Part, upon consent of the other parties. Representations of counsel as to consent will be accepted, and must be confirmed in writing on or before the conference date. Self-represented parties may have a participating attorney make the request, or submit a stipulation signed by all parties, also to be received on or before the scheduled date of the conference. In the interest of justice, or to better control the Court’s calendar, the court may on its own initiative adjourn a conference.
Page 5 | Adjournment of Conferences
Motion adjournment requests require consent from the other parties and a NYSCEF letter confirming the adjourned date, served on all parties by the motion’s return date, with a copy emailed to the Part Clerk and chambers.
Requests for adjournments must be on consent of the other parties, and the Part Clerk will accept the representation of counsel that he or she has the consent of the other parties. Self-represented parties seeking an adjournment may have a participating attorney make the request, or submit a stipulation signed by all parties. The court requires the filing, via NYSCEF, of a letter, with a copy emailed to the Part Clerk and chambers, confirming the adjourned date, served upon all parties, on or before the return date of the motion. In the interest of justice, or to better control the Court’s calendar, the court may on its own initiative adjourn a motion.
Page 5 | Adjournment of Motions
Chambers Communication Rules
Chambers will not engage in ex parte communications on substantive issues, and facsimile correspondence must be served on all parties with specified case and party information.
The court will not engage in ex parte communications with litigants or counsel on any substantive issues involved in the action. Correspondence, facsimile transmissions, and e-mails shall be served upon all other parties, and shall indicate the title of the action, the index number, and the office, e-mail or fax number of all parties.
Page 6 | Communications with Chambers