Judge Nancy Nicotra
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- Prior to Submission
Adjournments
- A consent-based conference adjournment application must reach chambers by email and NYSCEF by 4:00 p.m. on the preceding business day.
- A party seeking an adjournment without consent must contact the Court and all parties and arrange a telephone conference if the Court considers one necessary.
- The Court may grant an adjournment over objection without holding the telephone conference.
- +5 more
Request must include
Communication
Chambers
Phone
Document Filing Requirements6 rules
Applications must be made by completing the Request for Adjournment Form attached hereto. The Request for Adjournment Form is to be filled out completely.
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.
Replies are not permitted on OSC applications and sur-replies are not permitted on any and all motions.
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.
All exhibits shall be pre-marked for identification prior to the commencement of trial.
A confirming letter should be filed through NYSCEF and state the consent adjournment date, include the full caption and index number, note the current calendar date, and confirm simultaneous copying of all parties.
- Document
- Adjournment confirmation letter
Must include
- •Case number
Court's wording
Letters should be filed via NYSCEF confirming adjournments and shall state that the Court has adjourned the conference on consent of the parties to the specified date, and shall contain the full caption, including 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.
Filing & Service rules
Electronic Filing Rules
A copy of the original Stipulation of Settlement must be uploaded to NYSCEF and emailed to chambers at the listed address.
The letter shall be accompanied by the original Stipulation of Settlement, a copy of which must be uploaded to NYSCEF and sent to chambers via email at judgenicotraremote@nycourts.gov.
Page 5 | IV. MOTIONS
Filing Timing and Cure Windows
If the Court does not receive all required courtesy paper copies, the motion will be adjourned for two weeks to allow their delivery.
In the event that the Court does not receive courtesy paper copies of all papers, the motion will be adjourned for two weeks to allow for the delivery of such courtesy copies.
Page 4 | IV.B.2. Submission of the Motion
Motions must be returnable and marked submitted on a Friday, subject to the Court's calendar.
Motions shall be made returnable on a Friday and shall be marked submitted on such date, subject to the demands of the Court’s calendar.
Page 4 | IV.B.2. Submission of the Motion
Motions other than discovery motions are resolved on submission unless the Court directs otherwise.
All motions, other than discovery motions, are on submission only unless otherwise directed by the Court.
Page 4 | IV.B.3. Submission of the Motion
Specified trial-related submissions must be made at the trial conference or as soon as practicable.
Motions in limine, marked pleadings, requests to charge, contentions, and proposed verdict sheets shall be submitted at the trial conference, or as soon as practicable.
Page 5 | V. HEARING & TRIAL RULES
Service and Proof of Service Rules
A copy of written correspondence to chambers must be delivered simultaneously to any party not appearing through NYSCEF.
Courtesy copies of written correspondence to chambers are to be simultaneously delivered to any parties not appearing through NYSCEF.
Page 2 | II. COMMUNICATION WITH CHAMBERS
A copy of the Stipulation of Settlement must be sent to chambers by email at the specified address.
a copy of which must be uploaded to NYSCEF and sent to chambers via email at judgenicotraremote@nycourts.gov
Page 5 | IV. MOTIONS
Courtesy Copy Requirements
Courtesy paper copies of every filing on a motion must be provided to the Court before the motion is submitted.
Prior to submission, the Court is to be provided with courtesy paper copies of all papers submitted on the motion.
Page 4 | IV.B.1. Submission of the Motion
The court should be informed of pending motions that day and should have courtesy copies available at the conference or trial.
If there are any outstanding motion(s) (submitted or pending) at the time of the conference/trial, the Law Clerk and/or Judge must be so informed of same that day. Courtesy copies of such motions should be available to the Court at the conference.
Page 1 | I. COURT APPEARANCES
Pre-Motion Conference Requirements
Discovery motions and discovery-related Orders to Show Cause generally require a conference before the return date unless the Court specifically waives it.
All motions relating to discovery require a conference before the return date of the Motion or Order to Show Cause, unless otherwise specifically waived by the Court.
Page 4 | IV.A. PRE-MOTION DISCOVERY
Adjournment & Extension Requirements
Incomplete or untimely adjournment forms are summarily denied unless the court is advised of extraordinary circumstances.
Incomplete forms or forms received after 4:00 p.m. on the business day prior to the conference date or return date shall be summarily denied, unless the Court is advised of extraordinary circumstances.
Page 2 | III. ADJOURNMENTS
A consent-based conference adjournment application must reach chambers by email and NYSCEF by 4:00 p.m. on the preceding business day.
Applications to adjourn conferences on consent must be received by Chambers via email {judgenicotraremote@nycourts.gov}, as well as NYSCEF, by 4:00 p.m. on the business day prior to the conference date.
Page 2 | III. ADJOURNMENTS
A consent-based motion adjournment application must be emailed to Chambers by 4:00 p.m. on the preceding business day before the motion's return date.
Applications to adjourn motions on consent must be received by Chambers via email by 4:00 p.m. on the business day prior to the return date of the motion.
Page 3 | C.1. Adjournments for Motions on Consent
The Court may grant an adjournment over objection without holding the telephone conference.
In the Court’s discretion, an adjournment may be granted over objection without a telephone conference being held.
Page 3 | 2. Adjournments for Conferences Not on Consent
A party seeking an adjournment without consent must contact the Court and all parties and arrange a telephone conference if the Court considers one necessary.
The party seeking an adjournment for which consent has not been given must contact the Court, as well as all parties, and arrange for communication between all parties to discuss the adjournment via telephone conference, if the Court decides that a telephone conference is necessary.
Page 3 | 2. Adjournments for Conferences Not on Consent
The adjournment request form requires the number of prior adjournments of the particular event.
NUMBER OF PRIOR ADJOURNMENTS (OF THIS PARTICULAR EVENT): ________________
Page 6 | REQUEST FOR ADJOURNMENT FORM
An adjournment request must provide at least three proposed alternative dates.
REQUESTED (at least 3) ADJ. DATES: 1) _________ 2) _________ 3) __________ 4) _________
Page 6 | REQUEST FOR ADJOURNMENT FORM
The adjournment request form requires a statement of the reasons for the requested adjournment.
REASONS FOR ADJOURNMENT:
Page 6 | REQUEST FOR ADJOURNMENT FORM
Chambers Communication Rules
All attorneys and pro se litigants must be notified of an adjournment request before the request is submitted to the Court.
All attorneys and pro se litigants shall be notified of all adjournment requests prior to said request being made to the Court.
Page 3 | 3. Adjournments when Counsel is on Trial
Consent-based motion adjournment applications must be submitted to Chambers by email.
Applications to adjourn motions on consent must be received by Chambers via email by 4:00 p.m. on the business day prior to the return date of the motion.
Page 3 | C.1. Adjournments for Motions on Consent
A party seeking a motion adjournment without consent must contact the Court and all parties and arrange a phone conference with the Court.
The party seeking an adjournment of a motion for which consent has not been given must contact the Court, as well as all parties, and arrange for communication between all parties to discuss the adjournment with the Court ===== PAGE 4 ===== via phone conference.
Page 3 | C.2. Adjournments for Motions Not on Consent
Requests for Preliminary Conference adjournments must be sent to the DCM Clerk's office rather than Chambers.
Preliminary Conference adjournments are to be addressed to the DCM Clerk’s office and not to Chambers.
Page 3 | B. ADJOURNEMENTS FOR PRELIMINARY CONFERENCE
The movant must email the Court and copy all other parties to schedule the required discovery conference.
The movant shall email the Court, copying all other parties, to schedule same.
Page 4 | IV.A. PRE-MOTION DISCOVERY
The court will not entertain ex parte communications.
Ex parte communications will not be entertained.
Page 2 | II. COMMUNICATION WITH CHAMBERS
All correspondence should be sent through NYSCEF with a courtesy copy sent to judgenicotraremote@nycourts.gov.
All correspondence should be sent through NYSCEF with a courtesy copy sent to judgenicotraremote@nycourts.gov.
Page 2 | II. COMMUNICATION WITH CHAMBERS