Judge Rhonda E. Fischer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon request
Adjournments
- A discovery-deadline extension must be requested as soon as practicable and before the existing deadline expires.
- A party seeking an extension of time must request it before the next scheduled court date.
- An adjournment may be granted only with the Court's permission.
- +8 more
Request must include
- Conference and motion adjournment requests must be submitted at least 48 hours in advance and identify the other parties' consent and all counsel consulted.
Communication
Chambers
Phone
Page & Word Limits5 rules
Papers in excess of the above without express written permission from the Court will not be considered.
Reply papers may not exceed 4,200 words and shall not contain any arguments not raised in the memoranda in chief.
- Word limit
- Up to 4,200 words
Unless otherwise permitted by the Court, no affidavit, affirmation, brief, or memorandum of law in chief shall exceed 7,000 words.
- Brief
- Up to 7,000 words
Counsel shall submit pre-trial memoranda at the pre-trial conference or at such other time as the Court may set. Pre-trial memoranda shall not exceed 25 pages.
- Page limit
- Up to 25 pages
The caption shall not count as part of the word count.
Excluded from the limit
- •Caption
Document Format Requirements4 rules
Print for footnotes shall be no smaller than 10-point font.
All papers shall be double spaced in length with 12-point font and one-inch margins.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Every paper, other than an exhibit or printed form, shall contain writing on one side only.
Counsel should use tabs on hard or working copies when submitting papers containing exhibits. Copies must be legible.
Document Filing Requirements14 rules
All motions shall have the appropriate proof of service on all parties where required annexed to the motion as well as a proposed Order with respect to the requested relief, except on dispositive motions which will not need a proposed Order.
- Document
- Motion
Must include
- •Proposed order
- •Certificate of service
Counsel shall include a certification of the relevant word count with their submission.
Must include
- •Word count
When an adverse party unreasonably refuses to participate, the moving party must detail its conference efforts and the responses received in an affidavit or affirmation.
Court's wording
If the moving party was unable to conduct a conference due to the unreasonable failure or refusal of an adverse party to participate, then such moving party, in an affidavit or affirmation, detail the efforts made by the moving party to obtain such a conference and set forth the responses received.
Absent advance written permission by the court, reply papers shall not be submitted on orders to show cause.
A discovery motion that cannot be resolved another way must be supported by counsel's affidavit or affirmation describing the required conference, including its date, time, participants, and duration.
Court's wording
In the event that a discovery dispute cannot be resolved other than by motion practice, each such discovery motion shall be supported by an affidavit or affirmation from counsel attesting to counsel having conducted an in-person or telephonic conference, stating forth the date and time of such conference, persons participating, and the length of time of the conference.
On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. There shall be a separate affirmation for each motion in limine.
A TRO application must include an affirmation explaining that notice was given, could not be given despite a good-faith effort, or would cause significant prejudice.
Court's wording
The application for a TRO must include an affirmation attesting as to notice demonstrating that notice has been given, or notice could not be given despite a good faith effort to provide it, or there will be significant prejudice to the party seeking the restraining order by giving notice.
On the first appearance in the Part for trial, each party shall supply the Court, counsel, and self-represented parties with a proposed verdict sheet and jury interrogatories.
At the start of trial or when directed by the court, each party must provide a written witness list specifying witnesses, testimony order, and estimated testimony length, and counsel must separately identify witnesses limited to rebuttal or credibility purposes.
Court's wording
At the commencement of the trial, or at such time as the Court dictates, each party shall identify in writing the witness it intends to call, the order in which they shall testify and the estimated length of their testimony, and shall provide a copy of such witness list to opposing counsel, and self-represented parties. Counsel shall separately identify for the court only a list of the witnesses who may be called solely for rebuttal or with regard to credibility.
Unless pre-marked, each party must submit a specific list of materials each intended expert witness is expected to rely on at the first trial appearance.
Court's wording
On the first appearance in the Part for trial, and if not otherwise pre-marked, each party shall, with respect to each expert witness that party intends to call, submit a list identifying with specificity any record, report, photograph, film, computer animation, x-ray, CT scan, MRI, EMG study or similar item or items to which an expert witness is expected to make reference as supporting in whole or in part the opinion he or she will offer.
In professional-negligence cases, defense counsel must provide the court and plaintiff counsel with a list of asserted departures from good and accepted practice after the plaintiff rests or at the court's direction, including transcript page references when available.
Court's wording
In cases involving claims of professional negligence, on the next trial session after a party rests, or such other time as the Court may direct, counsel for the defendant(s) shall furnish the Court, and counsel for the plaintiff, with a list of the departures from the standards of good and accepted practice which that counsel for the defendant asserts were testified to by its expert witness or witnesses. Where the testimony has been transcribed, page references will be required.
Each affidavit, affirmation, or memorandum of law more than 4,500 words shall include a bookmark providing a listing of the document's contents.
Documents in a foreign language shall be translated as required by CPLR 2101(b).
The proposed verdict sheet may be supplemented, modified or edited as the trial progresses.
Filing & Service rules
Electronic Filing Rules
Documents in mandatory e-filing cases must be filed through NYSCEF unless the Section 202.5-bb opt-out applies or e-filing consent is withheld.
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. Electronic Filing — A. E-Filing Rules
All court submissions must be filed electronically.
All submissions to the Court must be electronically filed.
Page 1 | II. Electronic Filing — A. E-Filing Rules
Counsel and self-represented litigants must ensure that a working email address is affiliated with their NYSCEF account.
All Attorney(s) and pro se (self-represented) litigant(s), if any, are responsible for ensuring that a working email address is affiliated with the NYSCEF system.
Page 1 | II. Electronic Filing — B. Responsibility of Counsel
Motions, cross-motions, writs, petitions, and orders to show cause must be filed electronically.
All Motions, Cross-Motions, Writs, Petitions and Orders to Show Cause must be E-Filed.
Page 4 | V. Motions / Orders to Show Cause / TROs
A copy of the signed Stipulation of Discontinuance submitted to the County Clerk must be uploaded to NYSCEF.
A copy of the signed Stipulation of Discontinuance, which has been submitted to the County Clerk, shall be uploaded to NYSCEF.
Page 7 | VII. Settlements / Notice of Change in Circumstances
A person who is no longer on a case should withdraw that person's consent from NYSCEF.
If you are no longer on the case, please withdraw your consent from NYSCEF.
Page 1 | II. Electronic Filing — B. Responsibility of Counsel
Chambers is not responsible for adding or deleting email addresses in the NYSCEF system.
Chambers is NOT responsible for adding or deleting any email addresses from the NYSCEF system.
Page 1 | II. Electronic Filing — B. Responsibility of Counsel
A firm should update NYSCEF with the proper attorney's email when an attorney leaves its employment.
Similarly, if an attorney in your firm has left your employ, please update NYSCEF with the proper attorney's e-mail.
Page 1 | II. Electronic Filing — B. Responsibility of Counsel
At the Court's discretion, counsel may be asked to submit memoranda of law by email or another electronic means.
In the Court's discretion, counsel may be requested to submit memoranda of law by e-mail or by other electronic means,
Page 4 | V. Motions / Orders to Show Cause / TROs
Service and Proof of Service Rules
At least 24 hours' notice of a TRO must be given unless the moving party demonstrates significant prejudice from giving notice.
At least twenty-four hour notice of the TRO must be given unless the moving party can demonstrate significant prejudice by reason of giving notice.
Page 5 | D. Temporary Restraining Orders
Counsel must provide the court a copy of any transcript used at trial.
Counsel shall provide the Court with a copy of any transcript it uses at trial.
Page 6 | VI. Trial Part Rules, D. Transcripts
Courtesy Copy Requirements
Counsel must provide a courtesy hard copy only if the Court notifies counsel that one is required.
The Court will notify counsel if a courtesy hard copy is required.
Page 4 | V. Motions / Orders to Show Cause / TROs
Sealing & Redaction Procedures
A case or any portion of a case may not be sealed without adequately shown good cause.
No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).
Page 1 | II. Electronic Filing — A. E-Filing Rules
Filing Bundling Requirements
On the first Part appearance, counsel must submit an indexed binder or notebook of trial exhibits for the court, copies for each trial attorney, and witness originals in similar binders or notebooks, with plaintiff exhibits numerically tabbed and defendant exhibits alphabetically tabbed.
On the first appearance in the Part for trial, counsel shall submit an indexed binder or notebook of trial exhibits for the court's use. A copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses shall be prepared and submitted. Plaintiff's exhibits shall be numerically tabbed, and defendant's exhibits shall be tabbed alphabetically.
Page 6 | VI. Trial Part Rules, C. Pre-Trial Memoranda, Exhibit Book
Pre-Motion Conference Requirements
Every motion requires the Court's prior permission.
ALL MOTIONS REQUIRE PRIOR PERMISSION OF THE COURT.
Page 4 | V. Motions / Orders to Show Cause / TROs
Counsel must make every effort to resolve discovery disputes with the opposing party before engaging in discovery motion practice.
Counsel shall make every effort to resolve discovery disputes with their adversary before engaging in motion practice.
Page 5 | B. Discovery Motions
Except in exigent circumstances, counsel must first consult in good faith through an in-person or telephonic conference before contacting the court about a disclosure dispute.
Absent exigent circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first consult with one another in a good faith effort to resolve all disputes about disclosure. Such consultation must take place by an in-person or telephonic conference.
Page 5 | B. Discovery Motions
A proposed discovery movant must send chambers and all counsel and self-represented parties a remote-email request with the required good-faith affidavit or affirmation, after which the court will notify whether permission or a conference is required.
The proposed moving party shall forward to chambers' remote email address, and all counsel and self-represented parties, any request to make a discovery motion with an affidavit or affirmation of good faith that substantially complies with the form described above. The Court will thereafter notify the moving party, all counsel, and self-represented parties, whether permission is granted, or whether a conference with counsel, self-represented parties and chambers concerning the matter is necessary.
Page 5 | B. Discovery Motions
An order to show cause may be filed only when there is a genuine emergency, a stay is required, or a statute requires the proceeding.
Orders to Show Cause shall only be filed where there is a genuine emergency, a stay is required or a statute mandates so proceeding.
Page 5 | C. Orders to Show Cause
An unreasonable failure or refusal to participate in a requested discovery conference may excuse compliance with the conference requirement and may lead to sanctions under Part 130.
The unreasonable failure or refusal of counsel to participate in a conference requested by another party may relieve the requesting party of the obligation to comply with this paragraph and may be addressed by the imposition of sanctions pursuant to Part 130.
Page 5 | B. Discovery Motions
After reviewing the submitted motion, the Court decides case by case whether to hold oral argument and will notify counsel when to appear.
Oral Argument: After a review of the submitted motion, the court will determine, on a case-by-case basis, whether oral argument will be heard and will advise counsel when they shall appear.
Page 4 | V. Motions / Orders to Show Cause / TROs
Adjournment & Extension Requirements
A party seeking an extension of time must request it before the next scheduled court date.
The parties shall not wait until the next scheduled court date to request extensions of time.
Page 2 | III. Appearances Before the Court — B. Preliminary Conferences, Compliance Conferences and Certification Conferences
A discovery-deadline extension must be requested as soon as practicable and before the existing deadline expires.
Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline.
Page 2 | III. Appearances Before the Court — B. Preliminary Conferences, Compliance Conferences and Certification Conferences
Conference and motion adjournment requests must be submitted at least 48 hours in advance and identify the other parties' consent and all counsel consulted.
All requests for an adjournment of a conference or motion shall be made no later than 48 hours before the conference or motion and shall set forth whether the other parties consent to the adjournment and shall set forth the name of all counsel consulted.
Page 3 | IV. Adjournments
A conference adjournment does not alter dates established by prior or agreed-to court orders unless the Court directs otherwise.
An adjournment of a conference will not change any date in any court order, including agreed to dates and So-Ordered dates in the Preliminary Conference Order, unless otherwise directed by the Court.
Page 3 | IV. Adjournments
An adjournment may be granted only with the Court's permission.
Adjournments may only be upon permission of the Court.
Page 3 | IV. Adjournments
A conference adjournment requires a showing of good cause.
Adjournments of conferences will be granted upon a showing of good cause.
Page 3 | IV. Adjournments
A motion may not be adjourned without the Court's prior permission.
Motions shall not be adjourned without prior permission of the Court.
Page 4 | V. Motions / Orders to Show Cause / TROs
A deposition adjournment request should be emailed to chambers and must propose a new deposition date within 14 days of the original date.
All requests for an adjournment should be made to judgefischerremote@nycourts.gov and must include a new deposition date, which date shall be within 14 days of the originally scheduled date.
Page 4 | IV. Adjournments
A conference adjournment does not change deadlines set by a prior court order, including a preliminary conference order.
An adjournment of a conference shall not change the deadline dates set forth in a prior Court order, including a preliminary conference order.
Page 4 | IV. Adjournments
A deposition adjournment requires prior court approval and consent from all parties.
Depositions shall not be adjourned without prior approval of the court and upon consent of all parties.
Page 4 | IV. Adjournments
Should all parties not consent to the adjournment, or the Court does not consent to the adjournment, the deposition must move forward as scheduled.
Should all parties not consent to the adjournment, or the Court does not consent to the adjournment, the deposition must move forward as scheduled.
Page 4 | IV. Adjournments
A consented adjournment request must identify all counsel and, when applicable, the proposed agreed date and time, with more than one alternative date.
If the request for the adjournment is made with the consent of all counsel, counsel shall provide the name of all counsel, and the proposed agreed-upon date and time, if applicable. Please provide more than one alternative proposed date.
Page 3 | IV. Adjournments
Chambers Communication Rules
Only counsel and self-represented parties may communicate with the Court.
Only counsel and self-represented parties shall communicate with the Court.
Page 1 | I. Communications with the Court
The Court prohibits all ex parte communications by email, telephone, letter, or any other method.
The Court will not accept any ex parte communication by way of email, telephone, letter, or otherwise.
Page 1 | I. Communications with the Court
Counsel must email JudgeFischerRemote@nycourts.gov promptly when the action is discontinued, settled, moot, or affected by a party's death, bankruptcy, or active military duty.
Pursuant to 22 NYCRR Section 202.28(b), if an action is discontinued, or wholly or partially settled by stipulation pursuant to CPLR Section 2104, or a motion has become wholly or partially moot, or a party has died, become a debtor in bankruptcy or is in active military duty, counsel must notify the Court by email to JudgeFischerRemote@nycourts.gov as soon as possible.
Page 7 | VII. Settlements / Notice of Change in Circumstances
The Court accepts email sent to its chambers address only when all counsel and self-represented parties are copied.
The Court will accept communications to JudgeFischerRemote@nycourts.gov when corresponded to all counsel and self-represented parties.
Page 1 | I. Communications with the Court
An email request to chambers for a motion or conference adjournment is permitted only if the correspondence is also sent to all counsel and self-represented parties.
A request to adjourn a motion or conference may be forwarded to chambers by way of email to JudgeFischerRemote@nycourts.gov only if it is corresponded to all counsel and self-represented parties.
Page 3 | IV. Adjournments
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. Electronic Filing — A. E-Filing Rules