Judge Carol Sharpe
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Proposed Order
Court-wide
Adjournments
- An adjournment stipulation must state a reason, be e-filed, and be emailed to the Part Clerk by 11:00 a.m. on the Friday before the Wednesday argument date.
- A conference-adjournment stipulation should be emailed to the DCM Clerk and must state the reason for the requested adjournment.
- A motion scheduled for oral argument may be adjourned without court permission for no more than 30 days from the original argument date and only with all sides' consent.
- +1 more
Request must include
Communication
Clerk
Clerk
Chambers
Phone
Clerk
Phone
Court-widePhone
Court-wideDocument Format Requirements2 rules
Any exhibit to the motion must be e-filed as a separate document and must be given an identifying label (e.g., Notice of Claim, Bill of Particulars, etc.). All exhibits should be paginated
- Exhibits
Formatting
- •E-file each exhibit as a separate document
- •Give each exhibit an identifying label
- •Paginate all exhibits
Reference to any voluminous exhibit, including deposition testimony, must include pinpoint citations.
Document Filing Requirements6 rules
No compliance conference, stipulation, or order shall direct any party to submit records or other evidence to the Court for an in-camera review without the Court’s approval.
A discovery motion must include a separate good-faith affidavit stating when and how the parties conferred to resolve the dispute.
Court's wording
Parties filing motions relating to discovery must include a separate good faith affirmation (22 NYCRR 202.7). The affirmation must include the times and dates the parties conferred in person, virtually, or by telephone, to resolve the discovery dispute.
Parties seeking a judicial subpoena must state in the subpoena what materials/witnesses are being requested and include an affirmation stating the reasons why a judicial subpoena is necessary.
Each motion submitted for decision should include a proposed order as the final attachment to the motion.
- Document
- Motion
Should include
- •Proposed order
A party wishing a stay of discovery must request a conference with the Court by letter. The letter is to be submitted by email and include when the summary judgment motion was filed, the sequence number of the motion, and briefly state the reasons why discovery should be stayed.
Absent good cause, discovery between the parties shall continue while a motion for summary judgment is pending.
Filing & Service rules
Electronic Filing Rules
All motions must be electronically filed through the General Clerk’s Office except filings by pro se litigants or upon a showing of undue hardship.
Part 52 is a mandatory e-filing part. Other than a pro-se litigant or a showing of undue hardship, all motions must be electronically filed with the General Clerk’s Office.*
Page 1 | 3. MOTION PRACTICE — a. Filing Motions
A summary judgment motion must be electronically filed no later than 120 days after the Note of Issue is filed.
All summary judgment motions must be e-filed* no later than 120 days after filing the Note of Issue.
Page 2 | 3. MOTION PRACTICE — d. Summary Judgment Motions
When a motion is withdrawn or the case settles, the parties must e-file a settlement stipulation on NYSCEF and separately notify the Part Clerk and Chambers by email.
When a motion has been withdrawn or the case has been settled, the parties shall e-file a Stipulation reflecting same on NYSCEF and notify the Part Clerk and Chambers by e-mail.
Page 3 | Notifying Court of Settlement or Resolution
A self-represented party's court communication that would otherwise require e-filing should be emailed as a letter to sfc-Part52@nycourts.gov unless instructed otherwise.
Any communication to the Court by a self-represented party which would otherwise require e-filing should be in the form of a letter to the Court and sent via email to sfc-Part52@nycourts.gov, unless otherwise instructed.
Page 3 | Self-represented parties
Unrepresented litigants who are not licensed New York attorneys are strongly encouraged to use electronic filing.
Unrepresented litigants who are not licensed attorneys in New York are highly encouraged to e-file (it is the best way to obtain easy access to court filings, to keep up to date on the matter, and to serve other parties).
Page 1 | 3. MOTION PRACTICE — a. Filing Motions
Self-represented parties may choose whether to e-file.
Self-represented parties are not required to e-file unless they choose to do so.
Page 3 | Self-represented parties
Filing Timing and Cure Windows
The deadline for electronically filing a summary judgment motion is 120 days after the Note of Issue is filed.
All summary judgment motions must be e-filed* no later than 120 days after filing the Note of Issue.
Page 2 | 3. MOTION PRACTICE — d. Summary Judgment Motions
The adjournment stipulation must be submitted by 11:00 a.m. on the Friday preceding the Wednesday argument date.
no later than 11:00AM on the Friday before the Wednesday argument date
Page 3 | Motion Practice
Service and Proof of Service Rules
Judicial-subpoena documents must be emailed to the Part Clerk and Chambers, with all parties copied.
The documents must be emailed to the Part Clerk and Chambers with all parties in the action copied.
Page 3 | Judicial Subpoenas
Courtesy Copy Requirements
Paper courtesy copies of motion papers and related documents must not be sent directly to the Part or chambers unless the Court requests them.
Please do not send any courtesy (paper) copies of any motion papers or related documents directly to the Part or Chambers, unless requested by the Court.
Page 2 | 3. MOTION PRACTICE — e. No Courtesy Copies
Pre-Motion Conference Requirements
An unauthorized discovery motion or one lacking demonstrated good-faith efforts will generally be denied, and email alone is insufficient to establish those efforts.
Discovery motions filed without permission or without a showing of good faith efforts attempted to resolve the matter will generally be denied. Email communication between the parties as a sole representation of good faith is not sufficient.
Page 2 | 3. MOTION PRACTICE — c. Discovery Motions
Before seeking leave to file a discovery motion, the parties must first request a DCM discovery conference, and filing requires the Court’s prior approval.
Discovery motions shall not be filed without prior approval from the Court. Prior to making any request to file a discovery motion, the parties must first request a discovery conference with the DCM Part. If this conference proves unsuccessful, the moving party may seek approval from the Court to file the discovery motion.
Page 2 | 3. MOTION PRACTICE — c. Discovery Motions
A request for oral argument must be included in the notice of motion or opposition papers, and the Court will notify the parties only if the request is granted.
Requests for oral arguments shall be included in the Notice of Motion or in the Opposition papers. After review, the Court will notify the parties only if the application for oral argument is granted.
Page 2 | 3. MOTION PRACTICE — f. Oral Arguments
Adjournment & Extension Requirements
An adjournment extending beyond 30 days requires a court order and must state a specific reason, the number of prior adjournment requests, and the case's current status.
Any additional adjournments beyond 30 days must be “So-Ordered” by the Court and must include a specific reason for the adjournment, the number of prior adjournment requests, and the current status of the case.
Page 3 | Motion Practice
An adjournment stipulation must state a reason, be e-filed, and be emailed to the Part Clerk by 11:00 a.m. on the Friday before the Wednesday argument date.
Stipulations of adjournment however, must contain a reason for the adjournment(s) and must be e-filed, with a copy e-mailed to the Part Clerk, no later than 11:00AM on the Friday before the Wednesday argument date.
Page 3 | Motion Practice
A conference-adjournment stipulation should be emailed to the DCM Clerk and must state the reason for the requested adjournment.
Stipulations to adjourn conferences must include a reason for the adjournment and should be sent to the DCM Clerk at sfc-city-dcm@nycourts.gov.
Page 1 | 1. CONFERENCES
A motion scheduled for oral argument may be adjourned without court permission for no more than 30 days from the original argument date and only with all sides' consent.
Motions scheduled for oral argument may be adjourned for no more than thirty (30) days from the original argument date without leave of Court, and upon consent of all sides.
Page 3 | Motion Practice
Chambers Communication Rules
The court must be separately notified because e-filing alone does not alert it to a settlement or withdrawal.
Please note that e-filing alone does not alert the Court.
Page 3 | Notifying Court of Settlement or Resolution
The parties must notify both the Part Clerk and Chambers by email when a motion is withdrawn or the case settles; e-filing alone does not notify the court.
When a motion has been withdrawn or the case has been settled, the parties shall e-file a Stipulation reflecting same on NYSCEF and notify the Part Clerk and Chambers by e-mail.
Page 3 | Notifying Court of Settlement or Resolution
DCM conference adjournments and related calendar issues must be raised with the DCM Clerk by telephone at (646) 386-3683, not with chambers.
To request an adjournment of a conference in the DCM Part or address any other calendar issues related to a DCM appearance, please call the DCM Clerk at (646) 386-3683. Do not contact chambers regarding DCM appearances.
Page 1 | 1. CONFERENCES
A filing requiring immediate attention should be reported by email to the Part 52 Clerk because the Court does not receive correspondence uploaded to NYSCEF.
If something is filed that requires immediate attention please e-mail the Part 52 Clerk to advise of the filing.
Page 1 | 2. EX PARTE COMMUNICATIONS
Counsel seeking to follow up on an ungranted oral-argument request must email chambers with all parties copied.
If the Court has not scheduled a motion for oral argument and counsel wishes to follow up on its initial request, a letter must be submitted by e-mail to Chambers with all parties copied.
Page 2 | 3. MOTION PRACTICE — f. Oral Arguments
Except in emergencies, noncompliant emails and party email threads not directly addressed to the court are prohibited and will not receive a response.
Except in the case of an emergency, emails sent to the Court not following these instructions, or email threads such as replies between the parties that are not directly addressed to the Court, are not permitted and will not receive a response.
Page 3 | Self-represented parties
After assignment to Judge Sharpe, counsel must contact the court about trial-specific issues, including motions, exhibit premarking, scheduling, technology, and accommodations.
After a trial is assigned to Judge Sharpe, counsels shall contact the Court to address any trial-specific issues, including in limine motions, pre-marking exhibits, scheduling, requests for audio/visual technology, or any other accommodations.
Page 3 | Trials
Parties should arrive on time for appearances and notify the Part Clerk of delays as soon as possible.
Parties are also expected to arrive on time for all appearances and should notify the Part Clerk of any delays as soon as possible.
Page 3 | Respect for All
Emails to the court must copy all parties and include the email's purpose, case index number, and case name in the subject line.
All emails sent must copy all parties in the action and the subject line must include the purpose of the email, the index number, and case name.
Page 3 | Self-represented parties
The parties may request a settlement-conference scheduling email to the Part 52 Clerk at any time, provided all parties are copied.
If all parties believe a settlement conference with the Court would be productive, they may, at any time and with all parties copied, email the Part 52 Clerk to request that a settlement conference be scheduled.
Page 1 | 1. CONFERENCES
Stipulations to adjourn conferences must include a reason for the adjournment and should be sent to the DCM Clerk at sfc-city-dcm@nycourts.gov.
Stipulations to adjourn conferences must include a reason for the adjournment and should be sent to the DCM Clerk at sfc-city-dcm@nycourts.gov.
Page 1 | 1. CONFERENCES