Judge Sharon M.J Gianelli
Individual Rules, Standing Orders & Policies
Adjournments
- A written conference-adjournment request must be emailed to the court, copied to all parties, and state whether it is consensual; absent extraordinary circumstances, it should be submitted at least 48 hours before the conference and explain the reason, while a participating attorney may request for a self-represented party.
Communication
Chambers
Document Format Requirements3 rules
Exhibits. Again, the parties shall submit to the Court for its use at trial, an indexed binder of trial exhibits, along with a copy for each attorney and a binder of the originals for witnesses, preferably at the pre-trial conference, but no later than at least 14 days prior to the start of trial, unless otherwise instructed.
- Exhibits
Formatting
- •Provide a copy of the indexed exhibit binder for each attorney
On or before the first day of trial, or by a date otherwise selected by the Court, counsel shall provide the Court with a flash drive containing copies of their exhibits corresponding to the indexed binder of trial exhibits. Flash drives are to be marked with the short caption and index number of the case.
- Exhibits
Formatting
- •Mark the flash drive with the case's short caption and index number
Proposed jury instructions must be submitted in Word format, identify stipulated instructions, and highlight and explain proposed deviations with legal citations where appropriate.
- Jury instructions
Formatting
- •Submit in Word format
- •Highlight and explain proposed deviations from PJI instructions
Court's wording
Proposed jury instructions, including the text of relevant PJI instructions are to be submitted by e-mail to Chambers at judgegianelliremote@nycourts.gov, in Word format. The submissions should note the instructions to which the parties have stipulated. Any proposed deviations from PJI instructions should be highlighted and explained, with citations to legal authority where appropriate.
Document Filing Requirements14 rules
All motion papers shall have the motion sequence number on the front page of all papers related to the motion or any cross-motion.
- Document
- Motion
- Placement
- First page
an affirmation demonstrating either that: (a) notice has been given; or (b) notice could not be given despite a good faith effort to do so; or (c) there will be significant prejudice to the movant by the giving of notice.
A citation to deposition or other testimony must identify the exhibit, page, and line number where the testimony appears.
Court's wording
Where reference is made in a motion, or order to show cause, to testimony from a deposition or elsewhere, the party making such reference shall identify the exhibit, page and line number where the testimony is found.
That electronically submitted memoranda of law 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;
Exhibits to motions shall be uploaded to NYSCEF individually, with each Exhibit clearly labeled with its respective identifying information.
Electronically submitted documents citing prior NYSCEF filings must link to the cited docket entries unless the documents are accessible through bookmarks, and links may not provide access to sealed or nonpublic documents.
Court's wording
In addition to each electronically submitted memorandum of law, for other documents that cite to additional documents previously filed with NYSCEF, they shall include a hyperlink to the NYSCEF docket entry for the cited documents, enabling access to the cited documents through the hyperlink. 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.
Other than a motion for summary judgment pursuant to CPLR 3213, Commercial Division Rule 19-a includes a prescription requiring statements on motions for summary judgment. It prescribes that the movant shall annex to the motion a short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue of fact.
All motion papers, moving as well as responsive, whether by notice of motion or order to show cause, must include a memorandum of law, subject to word limits set forth in Commercial Division Rule 17.
Opposing papers shall contain a correspondingly numbered paragraph responding to each numbered paragraph in the movant’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.
The Court requires the filing or e-mailing of a letter or stipulation confirming the adjourned date, served upon all parties, on or before the return date of the motion.
Therefore, affidavits or affirmations of counsel should not contain legal arguments.
The responsive statement submitted by the non-moving party should include the text of the moving party’s statement to which each paragraph-specific response is addressed.
The affirmation requirement does not apply to the identified special-proceeding or order-of-protection motions unless the Court orders otherwise.
Court's wording
Please note that this requirement shall not apply to orders to show cause or motions in special proceedings brought under Article 7 of the Real Property Actions and Proceedings Law, nor to orders to show cause or motions requesting an order of protection under section 240 of the Domestic Relations Law, unless otherwise ordered by the Court.
Requests for oral argument may be included in the notice of motion or in the opposition papers.
Filing & Service rules
Electronic Filing Rules
Motion exhibits must be uploaded to NYSCEF individually.
Exhibits to motions shall be uploaded to NYSCEF individually, with each Exhibit clearly labeled with its respective identifying information.
Page 5 | MOTION PRACTICE
Filing Timing and Cure Windows
The parties must provide the identified pre-trial submissions and joint statement of undisputed facts to the court before the pre-trial conference.
Pre-trial submissions required under Commercial Division Rules 26, 27, 28, 29, 31(a), 31(b), and 32, in addition to a joint statement of undisputed facts, shall be provided to the Court in advance of the pre-trial conference.
Page 3 | Pre-Trial Conference
The pre-trial conference must occur within 45 days before the trial start date.
The pre-trial conference is essential to trial preparation. It is to take place within 45 days prior to the trial start date.
Page 3 | Pre-Trial Conference
The parties should submit the indexed trial-exhibit binder at the pre-trial conference and, unless otherwise instructed, must submit it no later than 14 days before trial.
The parties thereafter shall submit to the Court for its use at trial an indexed binder of trial exhibits, along with a copy for each attorney and a binder of the originals for witnesses, preferably at the pre-trial conference, but no later than at least 14 days prior to the start of trial, unless otherwise instructed.
Page 3 | Pre-Trial Conference
Unless the court directs otherwise, motions in limine must be submitted at least 10 business days before the pre-trial conference and be returnable by that conference date.
Motions in limine are to be submitted no later than 10 business days before the pre-trial conference, unless otherwise directed by the Court, and shall be returnable by the date of the pre-trial conference.
Page 4 | Pre-Trial Conference
Service and Proof of Service Rules
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.
Page 4 | Motion Practice
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.
Page 4 | Motion Practice
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).
Page 6 | DISCOVERY
Courtesy Copy Requirements
Courtesy copies of motion papers ordinarily should not be submitted and are appropriate only when requested or otherwise directed.
As we are essentially a paperless part, courtesy copies of motion papers should not be submitted unless requested or otherwise directed.
Page 6 | Courtesy Copies
Sealing & Redaction Procedures
If the parties do not agree to sealing or redaction, the requesting party may proceed by order to show cause with proper reasons and good cause under 22 NYCRR 216.1.
If the parties do not agree, the party seeking to have the document sealed or redacted may proceed by order to show cause giving proper reasons and demonstrating good cause for sealing or redacting pursuant to 22 NYCRR 216.1.
Page 8 | CONFIDENTIALITY ORDERS AND 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.
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 8 | CONFIDENTIALITY ORDERS AND SEALING
A request for additional redactions or sealing must be made by order to show cause establishing good cause under 22 NYCRR 216.1.
Any request for additional redactions or sealing shall be made by order to show cause and must establish “good cause” pursuant to the Uniform Rules for Trial Courts, 22 NYCRR 216.1.
Page 8 | CONFIDENTIALITY ORDERS AND SEALING
A sealing motion must include an unredacted version of the relevant documents, sent to the court by email for comparison with the motion's redacted versions.
A sealing motion must be accompanied by an unredacted version of the relevant documents, which shall be sent to the Court, via e-mail, for comparison with the redacted form of the documents contained in the motion.
Page 8 | CONFIDENTIALITY ORDERS AND SEALING
Before filing documents deemed confidential, a party must notify the confidentiality-designating party at least five business days in advance, and the parties must meet and confer within three days after 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 8 | CONFIDENTIALITY ORDERS AND SEALING
The court may require a sealing motion at any time concerning a request for sealing.
At any time, the Court may require a motion concerning any request for sealing.
Page 8 | CONFIDENTIALITY ORDERS AND SEALING
If the parties agree that confidential documents present compelling circumstances for sealing, they may proceed through a stipulation setting forth good-cause reasons for the court to so-order.
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 8 | CONFIDENTIALITY ORDERS AND SEALING
Sealing and additional redactions are disfavored, and a confidentiality agreement alone does not justify sealing.
Sealing, including redactions beyond those generally permitted (i.e. date of birth, social security number, account numbers…), is not encouraged. The mere fact that a document is subject to a confidentiality agreement is not sufficient in and of itself to warrant sealing (Mancheski v. Gabelli Group Capital Partners, 39 AD3d 499, 502 [2nd Dept. 2007]).
Page 8 | CONFIDENTIALITY ORDERS AND SEALING
Adjournment & Extension Requirements
A preliminary conference may not be adjourned absent good cause.
A preliminary conference may not be adjourned, except for good cause.
Page 2 | CONFERENCES — Preliminary Conference
A request to adjourn a motion must be consented to by the other parties, although Chambers will accept counsel's representation of that consent.
Requests for adjournments of motions must be on consent of the other parties, and Chambers staff will accept the representation of counsel that he/she has the consent of the other parties.
Page 8 | ADJOURNMENTS
Every motion, conference, hearing, or trial adjournment requires prior court approval and notice to all parties.
All adjournments (motions, conferences, hearings, trials) require prior Court approval, on notice to all parties.
Page 8 | ADJOURNMENTS
A self-represented party may request an adjournment through a participating attorney or by submitting a stipulation signed by all parties.
Self-represented parties seeking an adjournment may have a participating attorney make the request, or submit a stipulation signed by all parties.
Page 8 | ADJOURNMENTS
A written conference-adjournment request must be emailed to the court, copied to all parties, and state whether it is consensual; absent extraordinary circumstances, it should be submitted at least 48 hours before the conference and explain the reason, while a participating attorney may request for a self-represented party.
Additionally, an adjournment of a scheduled conference may be obtained upon a written request to the Part and the requesting party shall e-mail the request to the Court (judgegianelliremote@nycourts.gov), copied to all parties, and shall include a statement as to whether the adjournment request is on consent. Self-represented parties may have a participating attorney make the request on their behalf. Absent extraordinary circumstances, requests to adjourn should be made no later than 48 hours prior to the scheduled conference date and should articulate a reason for the adjournment request.
Page 9 | Conferences
Chambers Communication Rules
Proposed jury instructions, including relevant PJI text, must be emailed to Chambers at the stated address in Word format.
Proposed jury instructions, including the text of relevant PJI instructions are to be submitted by e-mail to Chambers at judgegianelliremote@nycourts.gov, in Word format.
Page 4 | Pre-Trial Conference