Judge Thomas Rademaker
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- A writ or contempt adjournment requires a consent stipulation signed by all relevant parties and received in chambers by 1:00 p.m. on the preceding day.
Communication
Chambers
Phone
Chambers
Document Format Requirements2 rules
Motion-paper length must comply strictly with Section 202.8-b of the Uniform Rules.
Court's wording
Parties are directed to review Section 202.8-b of the Uniform Rules for the Supreme Court and County Court, eff February 1, 2021, regarding the length of motion papers. This rule must be adhered to strictly.
Summary judgment motions must comply strictly with Section 202.8-b of the Uniform Rules.
Court's wording
Parties are directed to review Section 202.8-b of the Uniform Rules for the Supreme Court and County Court, eff February 1, 2021, regarding summary judgment motions. This rule must be adhered to strictly.
Filing & Service rules
Electronic Filing Rules
In non-e-filed or partially participating cases, moving, opposition, and reply papers must include active email addresses for their authors and adversaries.
On non-e-filed cases, or cases where there is only “partial participation” in e-filing, each set of moving papers, opposition papers and reply papers must contain an active email address for the author of the papers and the adversary/adversaries.
Page 3 | Motion Practice: Return date and adjournments
A letter confirming the adjournment must be sent with notice to all other parties to the JudgerademakerRemote@nycourts.gov email address and must be filed electronically through NYSCEF, or may be sent as otherwise directed by the Court.
A letter confirming the adjournment must be sent with notice to all other parties to the JudgerademakerRemote@nycourts.gov email address and must be filed electronically through NYSCEF, or may be sent as otherwise directed by the Court.
Page 3 | Compliance Conference
Counsel must obtain Court permission before submitting evidentiary materials to NYSCEF, except when the materials are exhibits to a formally submitted motion or an approved filing.
Counsel must seek permission of the Court to with respect to the submission of “evidentiary” materials to NYSCEF, unless such materials are exhibits to a formally submitted motion or an approved filing.
Page 5 | Paper Submissions to NYSCEF
Filing Timing and Cure Windows
The compliance conference cannot occur later than the compliance requirement date in the DCM timetable.
In no event shall the compliance conference be held later than the compliance requirement date as set forth in the DCM timetable accompanying the preliminary conference order.
Page 3 | Compliance Conference
The certification conference must be held no later than 90 days before the fixed note-of-issue filing date.
The certification conference will be held no later than 90 days before the fixed date for the filing of the note of issue.
Page 3 | Certification Conference
A summary judgment motion must be returnable no later than 60 days after the note of issue is filed unless the court directs otherwise.
Motions for summary judgment shall be returnable no later than 60 days after the filing of a note of issue, unless otherwise directed by the Court.
Page 4 | Summary Judgment
Service and Proof of Service Rules
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.
Page 6 | Compromise Applications
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.
Page 3 | Email
Courtesy Copy Requirements
Working and hard copies of motion papers are not required in fully e-filed cases.
The Court does not require working copies or hard copies of motion papers on e-filed cases.
Page 3 | Motion Practice: Return date and adjournments
Pre-Motion Conference Requirements
A certification conference is required before filing a note of issue.
Pursuant to the rules of the Administrative Judge, a certification conference will be held prior to the filing of a note of issue.
Page 3 | Certification Conference
Failure to appear on the TRO return date is deemed a waiver of the defaulting party's position on continuation or termination.
The failure to appear will be deemed a waiver of the defaulting party’s position with respect to the continuation or termination of the TRO.
Page 4 | Temporary restraining orders
Counsel must obtain court leave before filing a motion to compel discovery or strike a pleading.
Counsels must seek leave of the Court prior to filing a motion to compel discovery or strike a pleading.
Page 4 | Discovery Motions
Sur-reply papers are prohibited without prior court authorization and will be disregarded if filed without it.
The Court will not accept sur-reply papers unless prior authorization has been given by the Court. Sur-reply papers submitted in violation of this rule will be disregarded.
Page 4 | Submission of papers
If the parties cannot agree whether to continue or terminate a temporary restraining order, all counsel and any pro se litigant must appear on the motion's return date.
If the parties or counsel cannot agree to the continuation or termination of a temporary restraining order, all counsel and any pro se litigant must appear on the return date of the motion.
Page 4 | Temporary restraining orders
All motions must be made returnable to the Hon. Thomas Rademaker in Part 11.
All motions are made returnable to the Hon. Thomas Rademaker, Part 11.
Page 3 | Motion Practice: Return date and adjournments
The court reviews the papers before deciding whether to grant requested oral argument and then advises the parties of the argument date if granted.
If oral argument is requested, the Court will consider the request, after reviewing the papers, and will then inform the parties of the date of the oral argument if the request is granted.
Page 3 | Motion Practice: Return date and adjournments
Except for writs and contempt matters, motions are taken on submission unless the court directs otherwise.
With the exception of Writs and Contempts, motions are taken on submission part only unless otherwise directed by the Court.
Page 3 | Motion Practice: Return date and adjournments
Adjournment & Extension Requirements
A compliance conference may not be adjourned more than once or for more than four weeks without court permission.
No compliance conference may be adjourned by phone or stipulation more than once or more than four (4) weeks without permission from the court.
Page 3 | Compliance Conference
A compliance conference adjournment will be granted only for compelling reasons.
Adjournments will be granted only for compelling reasons.
Page 3 | Compliance Conference
A certification conference may not be adjourned without court permission.
There shall be no adjournments of certification conferences without the permission of the court.
Page 3 | Certification Conference
A consent-based compliance conference adjournment requires an email copied to all sides by 3:00 p.m. on the preceding day.
To adjourn a compliance conference on consent, send an email request copied to all sides to the e- email address not later than 3:00 p.m. the day before the conference to seek permission.
Page 3 | Compliance Conference
A cross-motion with a later return date does not adjourn the original motion.
Submission of a cross-motion with a stated return date that is beyond the return date of the original motion will not serve to adjourn the original motion.
Page 4 | Cross-Motions
A temporary restraining order cannot extend beyond the motion's initial return date absent a written court-approved stipulation or other court direction.
No temporary restraining order contained in an order to show cause will be extended beyond the initial return date of the motion except upon written stipulation “so ordered” by the Court or as otherwise directed by the court.
Page 4 | Temporary restraining orders
A writ or contempt adjournment requires a consent stipulation signed by all relevant parties and received in chambers by 1:00 p.m. on the preceding day.
No adjournments will be granted unless a stipulation consenting to the adjournment, signed by all parties and any alleged contemptor who is not a party, is received in Chambers no later than 1:00 p.m. of the day prior to the return date.
Page 4 | Writs and Contempts
When an adversary does not consent to a motion adjournment, a law-secretary conference may be requested by Teams, telephone, or in person.
If an adjournment of a motion is being requested, but the adversary does not consent, a conference with the law secretary, either by Microsoft Teams Meeting, telephone or in person, can be requested.
Page 3 | Motion Practice: Return date and adjournments
Chambers Communication Rules
Counsel must immediately notify the assigned judge or court part, and give notice to chambers, when an action is settled, discontinued, or otherwise disposed of.
If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the assigned judge or Court part by submission of a copy of the stipulation or a letter directed to the clerk of the part along with notice to the chambers of the assigned judge via telephone, or email.
Page 2 | Appearance
The Court will not accept ex parte telephone or letter communications from counsel or self-represented litigants.
The Court will not accept any ex parte communications by telephone or letter from counsel or a self-represented litigant.
Page 6 | Miscellaneous Rules
Faxes to chambers are prohibited unless prior authorization is obtained or an applicable stated exception applies.
Faxes to Chambers are not permitted unless prior authorization is obtained or as set forth below.
Page 1 | Faxes
Substantive letters to the court require prior approval from chambers and will be disregarded without that approval.
Except as provided below, letters to the Court that address and contain substantive issues regarding the case are not permitted absent prior approval from the Court. Letters sent without prior approval of Chambers will be disregarded.
Page 1 | Letters
Telephone calls to chambers are permitted only for emergency situations requiring immediate attention.
Telephone Calls: Except as provided below, telephone calls to Chambers are permitted only in emergency situations requiring immediate attention. In such situations only, call Chambers at the number listed above.
Page 1 | Telephone Calls
Email communication with the law secretary requires chambers permission and inclusion of all other case parties.
Email: Parties may communicate with the Law Secretary by email, with permission from Chambers. A party emailing the Law Secretary must include all the other parties to the case on the email.
Page 1 | Email
Parties should use the JudgeRademakerRemote email address for questions about return dates and adjournments.
Parties should contact the Court through the JudgeRademakerRemote email address with all questions regarding return dates and adjournments.
Page 3 | Motion Practice: Return date and adjournments
The court does not accept adjournment requests left as voice-mail messages.
The Court does not accept adjournments left by message on the chamber’s or courtroom clerk’s voice mail.
Page 3 | Motion Practice: Return date and adjournments
Parties and counsel may not use an email address other than the designated address to contact the justice or chambers.
Unless otherwise permitted by the Court, parties and counsels shall not use any other email address to contact the Justice or chambers.
Page 3 | Compliance Conference
Parties may email chambers at the listed address provided that all other parties are given notice.
Parties may also email chambers at JudgeRademakerremote@nycourts.gov, on notice to all other parties.
Page 1 | Email
Parties may call chambers to arrange a law-secretary conference call, generally at or after 2:00pm, with any daytime timing permitted during COVID-19 or similar precautions.
If the parties believe, in good faith, a conference call with the law secretary may help resolve certain issues and obviate the need to make a motion, the parties may call chambers to ascertain the law secretary’s availability. Conference calls will take place in the afternoon, at 2:00pm or later. If COVID-19 or similar precautions are in effect, conference calls with the law secretary can occur at any time during the day.
Page 5 | Phone Conferences with Chambers
Individual parties may contact the Court to request a conference or ask about Part procedures not covered by the rules.
Individual parties may contact the Court to request a conference or to inquire about Part procedures that are not otherwise contained in these rules.
Page 6 | Miscellaneous Rules