New York Supreme Court, Nassau County Service and Proof of Service Rules

CRITICAL

Deadline

24 hours

Service

Email

Except in extraordinary circumstances causing significant prejudice, the moving party must email opposing counsel or the unrepresented opposing party at least 24 hours before presenting an emergency application, but the court may waive this notice in a true emergency.

Absent extraordinary circumstances that will result in significant prejudice (which must be set forth in detail in a supporting affidavit or affirmation), the moving party must advise opposing counsel (or the opposing party, if counsel has not appeared) by email at least 24 hours in advance of the date/time set for presenting the Emergency Application to the Court. The Court, in its discretion, may dispense with the 24-hour notice requirement in the event of a true emergency.

CRITICAL

Applies to

Order to show cause motion

For an Order to Show Cause motion, affidavits of service must be filed by the return date and service must follow the manner directed in the order.

If a motion has been brought by Order to Show Cause, affidavits of service are required to be filed prior to or on the return date. Service must be made in the manner directed in the Order to Show Cause or the application will not be heard.

CRITICAL

Applies to

Motion

Motions must be served and filed in conformity with CPLR 2214.

Motions are to be served and filed in conformity with CPLR 2214.

CRITICAL

Service

Email to all parties

All correspondence to the Court must be copied to all adversary counsel and self-represented litigants.

All correspondence to the Court shall, without exception, be copied to all adversary counsel and pro se (self-represented) litigant(s).

CRITICAL

Applies to

Compromise application

Compromise applications must be submitted through Special Term with proof of service on all remaining parties.

All applications for court approval of a proposed compromise of an infant or other disabled party's claim must be submitted through the Special Term, with proof of service on all remaining parties.

CRITICAL

Applies to

Notice of order to show cause

Notice should be given by telephone, facsimile and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.

Notice should be given by telephone, facsimile and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.

CRITICAL

Compromise applications must be submitted through Special Term with proof of service on every remaining party.

All applications for court approval of a proposed compromise of an infant or other disabled party’s claim must be submitted through the Special Term, with proof of service on all remaining parties.

CRITICAL

Applies to

Motion

Motions must be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.

1. Service: Motions are to be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.

CRITICAL

Copies of communications to chambers must be simultaneously delivered to all counsel.

A. In all communications with chambers by letter, email or fax, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel.

CRITICAL

Deadline

24 hours

Applies to

Order to show cause

When significant prejudice is not shown, the party seeking temporary injunctive relief must give the opposing side 24 hours' notice before presenting the Order to Show Cause.

Where there has been no significant prejudice shown, the Court requires that the party seeking temporary injunctive relief give the opposing side 24 hours notice in advance of presentment of the Order to Show Cause to the Court.

CRITICAL

Applications concerning an infant or other disabled party’s compromise must be submitted through Special Term with proof of service on all remaining parties, compliance with specified provisions, and a proposed distribution of net proceeds.

D. All applications for court approval of a proposed compromise of an infant or other disabled party’s claim must be submitted through the Special Term, with proof of service on all remaining parties. Compliance with the provisions of CPLR 1207, 1208 and 22 NYCRR § 202.67 and a proposed distribution of net amounts to be recovered by the disabled plaintiff that is consistent with the provisions of CPLR 1206 is required.

CRITICAL

Service

Mail

The movant must mail notice to all self-represented parties before the scheduled Microsoft Teams meeting and provide proof of that notice.

I. Movant must notify all self-represented parties, with proof of said notice on the Microsoft Teams scheduled day and time, by printing and mailing the invitation to the self-represented parties, prior to the Microsoft Teams meeting.

CRITICAL

Service under CPLR 2214 and 2215 is strictly enforced; sur-replies and papers submitted after a motion is marked submitted require express court leave.

K. Service requirements under CPLR 2214 and 2215 will be strictly enforced. No sur-reply papers will be considered without express leave of the Court. No papers shall be accepted after a motion is marked submitted, without express leave of the Court.

CRITICAL

The parties must promptly notify the Court in writing, with appropriate documentation when necessary, of specified changes in circumstances.

if an action is discontinued, or wholly or partially settled by stipulation pursuant to CPLR § 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, the parties shall promptly notify the Court in writing of such an event, with appropriate documentation where necessary.

CRITICAL

Counsel must inform the Court of an Appellate Division decision or other specified change in circumstances affecting a case’s status.

It is the responsibility of counsel to apprise the Court of an Appellate Division decision or a change in circumstance referenced in Rule VII. A. above that affects the status of any case assigned to this Part.

CRITICAL

Applies to

Motion

The motion’s affidavit of service must be 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.

CRITICAL

Applies to

Motion in limine

Motions in limine require at least seven days' notice to opposing counsel and any pro se litigant.

Such motions must be made on no less than seven (7) days’ notice to opposing counsel and/or pro se (self-represented) litigant(s).

CRITICAL

Motions must be served and filed in conformity with CPLR §2214.

Motions are to be served and filed in conformity with CPLR §2214.

CRITICAL

Applies to

Motion

Motions must be served and filed in conformity with CPLR § 2214.

Motions are to be served and filed in conformity with CPLR Section 2214.

CRITICAL

Deadline

24 hours

Service

Email

Unless extraordinary circumstances causing significant prejudice are detailed in a supporting affidavit or affirmation, the moving party must provide opposing counsel or an unrepresented opposing party email notice at least 24 hours before presenting an emergency application, although the Court may waive notice for a true emergency.

Absent extraordinary circumstances that will result in significant prejudice (which must be set forth in detail in a supporting affidavit or affirmation), the moving party must advise opposing counsel (or the opposing party, if counsel has not appeared) by email at least 24 hours in advance of the date/time set for presenting the Emergency Application to the Court. The Court, in its discretion, may dispense with the 24-hour notice requirement in the event of a true emergency.

CRITICAL

Motions must be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.

Motions are to be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.

CRITICAL

Deadline

24 hours

Applies to

Order to show cause

When significant prejudice is not shown, the applicant must give the opposing side at least 24 hours' notice before presenting the Order to Show Cause to the Court.

Where there has been no significant prejudice shown, the Court requires that the party seeking temporary injunctive relief give the opposing side 24 hours’ notice in advance of presentment of the Order to Show Cause to the Court.

CRITICAL

Applies to

Order to show cause

Notice should be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.

Notice should be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.

CRITICAL

Compromise applications must include proof of service on all remaining parties.

All applications for court approval of a proposed compromise of an infant or other disabled party’s claim must be submitted through the Special Term, with proof of service on all remaining parties.

CRITICAL

When significant prejudice is not shown, the applicant must give at least 24 hours' notice before presenting the Order to Show Cause by telephone, email, or both, and file an affidavit or affirmation confirming that notice.

Where there has been no significant prejudice shown, the Court requires that the party seeking temporary injunctive relief give the opposing side 24 hours notice in advance of presentment of the Order to Show Cause to the Court. Notice shall be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided must be filed and uploaded to NYSCEF.

CRITICAL

Applies to

Motion

Motions must be served and filed in conformity with CPLR 214 and uploaded to NYSCEF when appropriate.

motions are to be served and filed in conformity with CPLR 214 and uploaded to NYSCEF where appropriate.

CRITICAL

Deadline

2 business days

Applies to

Order to show cause

Proof of service must be filed at least two business days before the order to show cause return date.

Proof of service must be filed at least two business days prior to the return date of the order to show cause.

CRITICALCivil cases

Applies to

Letter

Before alerting the court of a discovery dispute, the moving party must give written notice of its intent to seek leave to file, except in an emergency or when an affidavit establishes significant prejudice from giving notice.

Except in an emergency situation or where an affirmation is submitted demonstrating that there will be significant prejudice to the moving party by giving notice, prior to alerting the court of a discovery dispute, the moving party is required to serve a written notice to the opposing party of the intention to write to the court for leave to file a motion.

CRITICALCivil cases

Applies to

Letter

The non-moving party must respond in writing to the moving party within 48 business hours after receiving the written notice.

The non-moving party is required to respond in writing to the moving party within 48 business hours of receipt of the written notice from the moving party.

CRITICAL

Correspondence to the court must always 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).

CRITICAL

Deadline

24 hours

Applies to

Order to show cause

An applicant must give interested parties at least 24 hours’ notice of the application’s date and time and furnish proof in NYSCEF before the court considers it, subject to the paper-case procedure.

Applicants must provide at least 24 Hours Notice of the Date and Time of the Application to all interested parties and furnish proof to the Court in NYSCEF, or, for a paper case, comply with the directives of the Court Information Center prior to the Application being considered by the Court.

CRITICAL

Applies to

Written correspondence

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.

CRITICAL

Applies to

Stipulation of settlement

Service

Email to court

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

CRITICAL

Service

Email to opposing party

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).

CRITICAL

Service

Email to opposing party

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.

CRITICAL

Applies to

Oral argument request

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).

CRITICAL

Motions must be served and filed in conformity with CPLR § 2214.

Motions are to be served and filed in conformity with CPLR §2214.

CRITICAL

Deadline

24 hours

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.

CRITICAL

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.

CRITICAL

Each party's post-trial brief must be served on all other parties simultaneously with its filing with the court.

A copy of each side’s post-trial brief shall be served on all other parties, simultaneously with such filing with the Court.

CRITICAL

Deadline

24 hours

A party seeking an order to show cause must provide at least 24 hours' notice to all other parties and annex an affidavit or affirmation of notice, unless notice would cause significant prejudice or could not be given despite a good-faith effort.

Consistent with Rules 19 and 20 (in concert with the amendment of The Uniform Civil Rules for the Supreme Court and the County Court, adding new section 202.8-e), a party seeking relief via an order to show cause shall provide a 24-hour minimum notice to all other parties and annex an affidavit or affirmation of notice to the documents, unless the moving party can demonstrate significant prejudice by reason of giving notice, or that notice could not be given despite a good faith effort to do so.

CRITICAL

Specific responses to a document request must be served, or proper objections must be timely made under CPLR 3122(a).

Pursuant to Rule 11-e, specific responses to a document request shall be served, or proper objections timely made pursuant to CPLR 3122(a).

CRITICAL

Unless the court directs otherwise, the movant must give notice of the application's time, date, and place and provide supporting papers to opposing parties sufficiently in advance for them to contest it.

Unless otherwise directed by the Court, the movant must give notice of the time, date and place that the application will be made, and provide copies of all supporting papers to the opposing parties sufficiently in advance to permit them an opportunity to appear and contest the application.

CRITICAL

Applies to

Compromise application

Compromise applications for an infant or other disabled party’s claim must be submitted through Special Term with proof of service on all remaining parties.

All applications for court approval of a proposed compromise of an infant or other disabled party’s claim must be submitted through the Special Term, with proof of service on all remaining parties.

CRITICAL

Motions must be served and filed in compliance with CPLR 2214.

Motions are to be served and filed in conformity with CPLR 2214.

WARNING

Applies to

Trial papers

Service

Email to opposing party

Trial papers must also be emailed to the opposing party.

counsel shall also email copies to their adversary

WARNING

Applies to

Subpoena

Counsel are designated agents for service of subpoenas on their clients under CPLR 2303-a.

Counsel are also reminded that they are designated agents for service of subpoenas on their clients under CPLR 2303-a.

WARNING

Applies to

Adjournment communication

Service

Electronic service to all parties

Adjournment-related communications must be copied to all counsel and pro se litigants.

All such communications must be copied to all counsel and pro se (self-represented) litigants.

WARNING

Service

Email

Each communication with chambers must identify the action and parties and must be delivered simultaneously to all counsel.

In all communications with chambers, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel.

WARNING

Applies to

Discovery responses

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).

WARNING

Applies to

Conference request

Every conference request must be served on all parties.

All requests shall explain the need for the Conference and be served on ALL parties.

WARNING

Service

Email to court

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.

WARNING

Deadline

24 hours

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.

WARNING

Applies to

Adjournment request

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).

WARNING

Applies to

Motion

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.

WARNING

Applies to

Trial transcript

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.

WARNING

Service

Electronic service

Counsel must keep their NYSCEF email address current, and the Court treats emails sent to listed NYSCEF recipients as received once sent.

Counsel must ensure that their email address is correct and current on NYSCEF. The Court will send emails to the recipients listed on NYSCEF for the subject case and will assume all emails are received once sent.

WARNING

Court emails sent through the e-file site are treated as received once sent.

The Court will email parties through the e-file site for the subject case and will assume all emails are received once sent.