Judge Paul Kenny
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A written conference-adjournment request must be uploaded to NYSCEF and emailed to chambers at least 24 hours before the conference.
- A stipulated conference-adjournment request is not effective unless the court expressly advises that it has been granted.
- Only the Court may grant an adjournment request; counsel cannot grant one by stipulation.
- A motion-adjournment request must be submitted in writing by NYSCEF letter and emailed to Chambers before the motion's return date, with a copy to all counsel and pro se litigants.
- +2 more
Request must include
Communication
Chambers
Phone
Phone
Clerk
Page & Word Limits1 rule
Except for good cause shown, no affirmation or affidavit shall exceed 20 pages.
- Affidavit
- Up to 20 pages
- Affirmation
Document Format Requirements8 rules
All motion papers and Orders to Show Cause must be typewritten (minimum 12-point type), double-spaced, securely bound and entirely legible.
- Font size
- At least 12 points
- Line spacing
- Double
- Binding
- Securely bound
- Motion
Formatting
- •Typewritten
- •Entirely legible
The requested-jury-charge list must be submitted by email in Microsoft Word format by the first Pre-Trial Conference.
- File type
- Word
- Jury instructions
Court's wording
Once a matter is assigned to this Part for trial, a complete list of requested jury charges, drawn from the Pattern Jury Instructions (PJI) of the then-current year, including departures if the trial involves claims of professional negligence, must be submitted by email in Microsoft Word format to the remote email (JudgeKennyRemote@nycourts.gov), as directed by the Court and no later than the first Pre-Trial Conference before this Part.
Each side’s separate Proposed Verdict Sheet must be submitted by email in Microsoft Word format to the court’s specified remote address.
Court's wording
If counsel/pro se (self-represented) litigant(s) cannot agree to the questions to be posed to the jury prior to the Pre-Trial Conference, each side shall submit a Proposed Verdict Sheet by email in Microsoft Word format to the Court’s remote email (JudgeKennyRemote@nycourts.gov).
A jointly prepared Proposed Verdict Sheet must be submitted by email in Microsoft Word format to the court’s specified remote address.
Court's wording
A Proposed Verdict Sheet, jointly prepared by all counsel/pro se (self-represented) litigant(s) must be submitted by email in Microsoft Word format to the Court’s remote email (JudgeKennyRemote@nycourts.gov), as directed but the Court and no later than the first Pre-Trial Conference before this Part.
All exhibits must be legible and labeled with external tab markings. Plaintiffs shall designate exhibits by number; Defendants shall designate exhibits by letter.
- Exhibits
Formatting
- •External tab markings required
- •Plaintiffs designate exhibits by number
- •Defendants designate exhibits by letter
Any submission over 1/2-inch thick must be acco-fastened, not stapled.
- More than 1 page
Formatting
- •For submissions over one-half inch thick, use acco-fastening rather than staples
If counsel wishes to provide the Court with video or photograph exhibits, said exhibit(s) are to be provided to the Court on a USB drive.
Exhibit lettering or numbering should not begin anew for subsequent papers submitted by the same party.
Document Filing Requirements17 rules
All correspondence must include the title of the action and index number.
Adjournments requested because of engagement of counsel must be accompanied by an Affirmation of Engagement in conformity with 22 NYCRR 125.1.
By the Pre-Trial Conference, counsel and pro se parties must file through NYSCEF and provide the court working copies of marked pleadings, bills of particulars, applicable expert disclosures, a probable-witness list, and applicable prior decisions or orders on motions.
Court's wording
On or before the Pre-Trial Conference, Plaintiff’s counsel, Defendant’s counsel (or pro se (self-represented) parties) must file via NYSCEF and provide the Court with a working copy of the following: 1. Marked pleadings in accordance with CPLR Section 4012, including copies of any exhibits incorporated by reference in the pleadings; 2. A copy of all bill(s) of particulars; 3. A copy of all expert disclosures served pursuant to CPLR Section 3101(d) (if applicable); 4. A list of probable trial witnesses; 5. A copy of all prior Decisions or Orders on motions issued in the case (if applicable);
There shall be no appearances or oral arguments on motions or orders to show cause unless directed by the Court.
If counsel did use AI in preparation of the motion papers, counsel must then submit an affirmation that all case law and other references provided by AI were thoroughly checked for accuracy and validity.
Counsel must upload a certification that Artificial Intelligence (AI) has not been used.
- Placement
- Certificate section
A PDF for the corresponding exhibit shall be uploaded to NYSCEF and it shall include a notation that said exhibit will be provided on a USB.
An “Emergency” Order to Show Cause requires a special affidavit based upon personal knowledge and an affirmation explaining in detail the nature of the emergency.
A proposed Infant’s Compromise Order must identify the infant-plaintiff by full name and include the quoted finding concerning confidential personal information.
Court's wording
A proposed Infant’s Compromise Order must include the full name of the infant- plaintiff and reference therein the following: “Confidential personal information is included in this Order upon the Court’s finding that good cause exists pursuant to 22 NYCRR 202.5[e][2], in that the inclusion of the full name and date of birth of the minor, as well as related information, is material and necessary to effectuate the terms of this Order.”
Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will be returned unsigned unless an Affidavit of Service and Notice of Settlement for a date designated in accordance with 22 NYCRR 202.48 has been included.
- Document
- Order or judgment
Include
- •Certificate of service
In professional-negligence jury trials, each plaintiff must furnish the court and all counsel with a final list of proposed departures, including transcript page references, by the next trial session after resting or at another time directed by the court.
Court's wording
In jury trials involving claims of professional negligence, no later than the next trial session after the party “rests,” or such other time as the Court may direct, each party-plaintiff shall furnish the Court and all counsel with the final list of proposed departures from the standards of applicable care which that party asserts were testified to by its expert(s) or other witnesses. Page references to the trial transcript are required.
A party intending to use a trial video must submit a copy and, if applicable, its transcript to the court at least two weeks before trial so the court can address admissibility and objections.
Court's wording
If a party intends to use a video at trial, that party shall submit a copy of the video and transcript of same, if applicable, to the Court at least two (2) weeks prior to the scheduled trial date to allow the Court to rule on the admissibility of video, conduct a hearing if applicable, and any objections made to the video.
A Proposed Verdict Sheet, jointly prepared by all counsel/pro se (self-represented) litigant(s) must be submitted by email in Microsoft Word format to the Court’s remote email (JudgeKennyRemote@nycourts.gov), as directed but the Court and no later than the first Pre-Trial Conference before this Part.
If counsel/pro se (self-represented) litigant(s) cannot agree to the questions to be posed to the jury prior to the Pre-Trial Conference, each side shall submit a Proposed Verdict Sheet by email in Microsoft Word format to the Court’s remote email (JudgeKennyRemote@nycourts.gov).
Parties seeking oral argument of a motion may request that oral argument be heard by stating “Oral Argument Requested” above the Index Number on the first page of the papers submitted.
- Document
- Motion
- Placement
- First page
Include
- •Oral Argument Requested
Reference to exhibits longer than ten (10) pages shall indicate the page number on which the information cited is contained. Should the exhibit not contain page numbers, the exhibit shall be bates-stamped.
All papers which are submitted for signature by the Court shall be identified on the signature page so that the document being signed by the Court can be identified. Example: Jones v. Jones, Index #/year, Type of Document.
- Document
- Papers submitted for signature
- Placement
- Signature block
Filing & Service rules
Electronic Filing Rules
Documents in mandatory e-filing cases generally must be filed through NYSCEF, subject to the stated opt-out and consent-withholding exceptions.
All documents in mandatory e-filed cases, except documents subject to the opt-out provision of Section 202.5-bb of the Uniform Rules for the New York State Trial Courts, or documents subject to e-filing in which consent is being withheld, are to be filed through the New York State Courts E-Filing System (NYSCEF).
Page 1 | II. E-Filing Rules
All submissions to the court must be filed electronically.
All submissions to the Court must be electronically filed.
Page 2 | II. E-Filing Rules
Counsel and pro se parties must file the required pretrial submissions electronically through NYSCEF by the Pre-Trial Conference.
On or before the Pre-Trial Conference, Plaintiff’s counsel, Defendant’s counsel (or pro se (self-represented) parties) must file via NYSCEF and provide the Court with a working copy of the following:
Page 4 | I. Pre-Trial Conferences
The corresponding PDF for a video or photograph exhibit must be uploaded to NYSCEF.
A PDF for the corresponding exhibit shall be uploaded to NYSCEF and it shall include a notation that said exhibit will be provided on a USB.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
The motion's affidavit of service must be both included in the motion papers and separately uploaded to NYSCEF before the motion is submitted.
In addition to being part of the motion papers, the affidavit of service of the motion must be separately uploaded to NYSCEF prior to submission of the motion.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
All correspondence to this part should be filed via NYSCEF and copied via email to JudgeKennyRemote@nycourts.gov.
All correspondence to this part should be filed via NYSCEF and copied via email to JudgeKennyRemote@nycourts.gov.
Page 1 | I. Communications with the Court
Filing Timing and Cure Windows
Counsel must promptly notify the Court in writing when a submitted or unsubmitted motion or part of it is resolved, withdrawn, or moot due to settlement or another resolution.
Counsel must advise the Court, in writing, and as soon as practicable, if any submitted or unsubmitted motion, or portion thereof, has been resolved, withdrawn, or rendered moot because the case is settled, or an issue is otherwise resolved.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
The jointly prepared Proposed Verdict Sheet is due as directed by the court and no later than the first pretrial conference.
A Proposed Verdict Sheet, jointly prepared by all counsel/pro se (self-represented) litigant(s) must be submitted by email in Microsoft Word format to the Court’s remote email (JudgeKennyRemote@nycourts.gov), as directed but the Court and no later than the first Pre-Trial Conference before this Part.
Page 9 | E. Proposed Verdict Sheet
The required video copy and any applicable transcript must be submitted to the court at least two weeks before the scheduled trial date.
If a party intends to use a video at trial, that party shall submit a copy of the video and transcript of same, if applicable, to the Court at least two (2) weeks prior to the scheduled trial date to allow the Court to rule on the admissibility of video, conduct a hearing if applicable, and any objections made to the video.
Page 9 | I. Use of Videos
When the parties cannot agree on the jury questions before the pretrial conference, each side must submit a separate Proposed Verdict Sheet before that conference.
If counsel/pro se (self-represented) litigant(s) cannot agree to the questions to be posed to the jury prior to the Pre-Trial Conference, each side shall submit a Proposed Verdict Sheet by email in Microsoft Word format to the Court’s remote email (JudgeKennyRemote@nycourts.gov).
Page 9 | E. Proposed Verdict Sheet
Motions in limine should be made returnable at least 20 days before jury selection when possible.
Motions in limine must be made returnable at least twenty days prior to jury selection, if possible.
Page 9 | F. Motions in limine
Service and Proof of Service Rules
Every correspondence to the court must be copied to all adversary counsel and self-represented litigants.
Correspondence to the Court shall, without exception, be copied to all adversary counsel and pro se (self-represented) litigant(s).
Page 1 | I. Communications with the Court
Conference-adjournment communications must be copied to all counsel and self-represented litigants.
All such communications must be copied to all counsel and pro se (self-represented) litigants.
Page 2 | III. Court Conferences
An opponent seeking oral argument on emergency relief must request it immediately after receiving the required notice by uploading a letter to NYSCEF, emailing a copy to the judge, and notifying all counsel and pro se litigants.
If the opposing party requests oral argument concerning the request for a Temporary Restraining Order or other emergency relief, said request shall be made immediately upon receipt of notice required by 22 NYCRR 202.7(f) via letter uploaded to NYSCEF and email copy to JudgeKennyRemote@nycourts.gov on notice to all counsel/pro se (self-represented) litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Absent extremely unusual circumstances causing significant prejudice, opponents must receive at least 24 hours' advance notice and notice of the right to be heard before presentation of an emergency order to show cause.
Unless there are extremely unusual circumstances in which significant prejudice (set forth in detail in a supporting affidavit/affirmation) will result, opposing counsel or parties are to be advised at least 24 hours in advance of the date and time that any Order to Show Cause which includes a request for a Temporary Restraining Order or other emergency relief is being presented to the Court in accordance with 22 NYCRR 202.7(f) and is to be advised that he/she has the right to be heard on the application.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Motions must be served and filed in conformity with CPLR § 2214.
Motions are to be served and filed in conformity with CPLR §2214.
Page 7 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Communications between litigants or counsel ordinarily must not be copied to the court, except in circumstances specified by the Part Rules.
Correspondence between counsel and/or pro se (self-represented) litigant(s) shall not be copied to the Court except in the limited circumstances provided within these Part Rules.
Page 1 | I. Communications with the Court
The requesting attorney must notify all other attorneys if oral argument is granted, and failure to do so may result in sanctions.
It is the responsibility of that person to inform all other attorneys of the date and time set, and failure to do so may result in sanctions.
Page 5 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
The Court may, in its discretion, waive the 24-hour notice requirement for a true emergency.
In a true emergency, the Court, in its discretion may dispense with the 24-hour notice requirement.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
The motion-adjournment request must be copied to all counsel and pro se litigants.
A request to adjourn a motion must be made in writing and transmitted to Chambers by letter uploaded to NYSCEF, and email a copy to JudgeKennyRemote@nycourts.gov, prior to the return date of the motion, and copied to all counsel and pro se (self-represented) litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Courtesy Copy Requirements
Working copies of motions are not required unless the Court requests them.
No working copies of motions are required unless otherwise requested by the Court.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Sealing & Redaction Procedures
No case or portion of a case may be sealed without adequately demonstrated good cause.
No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).
Page 2 | II. E-Filing Rules
Pre-Motion Conference Requirements
Discovery motions, including motions to vacate a Note of Issue, require a good-faith attempt to resolve the dispute, possible notice to the court by letter, and leave of court before filing; the motion must state that the procedure was followed.
The parties are not to make any motion concerning discovery, including motions to vacate the Note of Issue, without having first attempted to resolve the issue. If counsel cannot resolve the discovery issue between themselves after a good faith effort, then the counsel who believes that discovery is not being conducted in accordance with the Court’s Order is to contact the Court by letter (see Rule I[A], supra), to advise of the nature of the dispute and the efforts that have been made to attempt to resolve it. The Court will either resolve the issue by letter or by scheduling a conference. After the Court conferences the matter and if the Court grants leave of court to file a discovery motion, any discovery motion must state that this procedure has been complied with. Failure to comply with this Part’s rules as set forth above may result in denial of the motion.
Page 3 | E. Discovery Issues/Discovery Motions
A discovery motion may not be submitted unless the required conference has occurred.
There shall be no submitted discovery motions in the absence of a Conference (see Rule III(E) above).
Page 7 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Adjournment & Extension Requirements
A stipulated conference-adjournment request is not effective unless the court expressly advises that it has been granted.
Parties should not assume that any stipulated request for adjournment of a conference has been granted unless specifically advised by the Court.
Page 2 | III. Court Conferences
A written conference-adjournment request must be uploaded to NYSCEF and emailed to chambers at least 24 hours before the conference.
A request to adjourn a conference must be made in writing, by uploading to NYSCEF and copy to JudgeKennyRemote@nycourts.gov at least twenty-four (24) hours in advance of the scheduled conference.
Page 2 | III. Court Conferences
Every motion-adjournment application must state the current return date, reason for the requested adjournment, opposing parties' consent or objection, requested duration, and number of prior requests.
All applications for adjournments must set forth: (1) the current return date; (2) the reason why an adjournment is necessary; (3) whether the opposing party(ies) consent(s) or object(s) to the application; (4) the length of the adjournment sought; and (5) the number of prior requests for
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Only the Court may grant an adjournment request; counsel cannot grant one by stipulation.
Adjournment requests may only be granted by the Court, not by stipulation of counsel.
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
A motion-adjournment request must be submitted in writing by NYSCEF letter and emailed to Chambers before the motion's return date, with a copy to all counsel and pro se litigants.
A request to adjourn a motion must be made in writing and transmitted to Chambers by letter uploaded to NYSCEF, and email a copy to JudgeKennyRemote@nycourts.gov, prior to the return date of the motion, and copied to all counsel and pro se (self-represented) litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
An adjournment letter request and any response must address only the reason consent is being declined and must not advocate a position on the underlying dispute.
The letter request and the response, if any, are not to be used to advocate a position on the substantive dispute and shall address only the reason that consent for the requested adjournment is being declined.
Page 7 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Chambers Communication Rules
The court will disregard adjournment requests left only on chambers voicemail.
Adjournment requests that are left on Chamber’s voicemail shall be disregarded.
Page 1 | I. Communications with the Court
An oral-argument request concerning a temporary restraining order or other emergency relief must be uploaded to NYSCEF and emailed to JudgeKennyRemote@nycourts.gov.
If the opposing party requests oral argument concerning the request for a Temporary Restraining Order or other emergency relief, said request shall be made immediately upon receipt of notice required by 22 NYCRR 202.7(f) via letter uploaded to NYSCEF and email copy to JudgeKennyRemote@nycourts.gov on notice to all counsel/pro se (self-represented) litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
A copy of the motion-adjournment request must be emailed to JudgeKennyRemote@nycourts.gov before the motion's return date.
A request to adjourn a motion must be made in writing and transmitted to Chambers by letter uploaded to NYSCEF, and email a copy to JudgeKennyRemote@nycourts.gov, prior to the return date of the motion, and copied to all counsel and pro se (self-represented) litigant(s).
Page 6 | IV. Motions/Orders to Show Cause/Temporary Restraining Orders
Court staff may be telephoned only in urgent situations requiring immediate attention.
Telephone calls to Court staff are permitted only in urgent situations requiring immediate attention.
Page 1 | I. Communications with the Court
A participant delayed by unforeseen circumstances should notify opposing counsel and telephone the part clerk or chambers as soon as possible.
If counsel or pro se (self-represented) litigant(s) are unable to appear on time due to unforeseen circumstances (i.e., delays due to inclement weather or road closures), he/she should contact opposing counsel, and advise the Part Clerk or Chambers, by telephone, as soon as possible.
Page 2 | III. Court Conferences
General e-filing questions may be directed to the E-Filing Resource Center by telephone or email.
General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or nyscef@nycourts.gov.
Page 1 | II. E-Filing Rules
Chambers may be reached by email at JudgeKennyRemote@nycourts.gov for correspondence to the part.
All correspondence to this part should be filed via NYSCEF and copied via email to JudgeKennyRemote@nycourts.gov.
Page 1 | I. Communications with the Court
A party may state the reason for opposing an adjournment request by email to the court’s chambers address.
A party objecting to an adjournment request may succinctly provide the reason for objecting via email to JudgeKennyRemote@nycourts.gov.
Page 2 | III. Court Conferences
The court will notify counsel and self-represented litigants by email when an adjournment request is granted.
The Court will advise counsel/pro se (self-represented) litigant(s) via email if the requested adjournment has been granted.
Page 2 | III. Court Conferences