New York Supreme Court, New York County
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order
Adjournments
- The parties may adjourn a preliminary conference once for up to 21 days by filing a written stipulation with the Part Clerk by the scheduled conference date, without counsel appearing.
Communication
Clerk
Phone
Phone
Phone
Clerk
Phone
Clerk
Page & Word Limits1 rule
Unless advance permission otherwise is granted by the court for good cause, memoranda of law shall not exceed 30 pages each (exclusive of table of contents and table of authorities) and affidavits/affirmations shall not exceed 25 pages each.
- Memorandum of law
- Up to 30 pages
Excluded from page count
- •Table of contents
- •Table of authorities
Document Format Requirements17 rules
Counsel must also include appropriate descriptive language in the “Additional Document Information” field in NYSCEF.
A proposed order to show cause and supporting documents presented to a Justice outside normal court hours must also be submitted in hard copy.
- File type
- Paper
- Proposed order
- Supporting documents
Court's wording
A proposed order to show cause and supporting documents that must be presented to a Justice outside normal court hours (see “Motions and Applications” under “Case Processing” at www.nycourts.gov/courts/1jd/supctmanh/) shall also be presented in hard copy.
The filer shall also submit a hard copy with the original of the approval appended, which shall be transmitted to the Ex Parte Justice by the clerk.
- File type
- Paper
- Ex parte application
The application shall also be submitted in hard-copy format with an original birth certificate with raised seal, if Petitioner was born in New York State. Otherwise, no hard copy is needed.
- File type
- Paper
All documents shall be e-filed as a single PDF-A document. No hard copy should be delivered to the County Clerk’s Office.
- File type
- PDF/A
Formatting
- •All documents must be submitted as a single PDF-A document
- •Do not deliver a hard copy to the County Clerk's Office
In a hard-copy case, the note of issue must be filed in duplicate with the County Clerk and the General Clerk’s Office.
In order to obtain an uncontested divorce, the plaintiff must present the following, properly notarized when required, to the Matrimonial Support Office (Room 311):
Commencement documents for an e-filed action or special proceeding must be uploaded through NYSCEF in PDF-A format.
- File type
- PDF/A
- Commencement document
Court's wording
To commence an e-filed action or special proceeding, a summons and complaint or summons with notice in an action, or a petition in a special proceeding shall be filed with the County Clerk through NYSCEF by uploading the documents to the NYSCEF site in PDF-A format.
Proposed counter-orders submitted to the court pursuant to Uniform Rule 202.48 (c) (2) shall be marked to identify all respects in which the proposal differs from the submission to which it responds.
Every e-filed Commercial Division memorandum of law and, when appropriate, affidavit or affirmation must contain bookmarks listing the contents and facilitating navigation.
- Affidavit
- Affirmation
Formatting
- •Bookmarks providing a list of the document contents and facilitating navigation
Court's wording
Pursuant to Rule 6 of the Rules of Practice of the Commercial Division, every e-filed memo of law and, where appropriate, affidavit and affirmation in a Commercial Division case shall include bookmarks, which shall provide a list of the contents of the document and facilitate easy navigation by the reader within the document.
Attorneys should submit each NYSCEF exhibit as a separate attachment rather than combining it with an affidavit or grouping exhibits in one PDF-A attachment.
Court's wording
Attorneys submitting exhibits in NYSCEF cases should make each exhibit a separate attachment to an affidavit/affirmation in the system, i.e., exhibits should not be filed as a single PDF-A together with the affidavit/affirmation or grouped together as a single PDF-A attachment because either of these two formats makes it difficult for the Justice to locate particular exhibits as needed.
If the supporting papers are longer than 40 pages and a working copy is required, the clerk will print out the proposed order and advise counsel to submit to the clerk a working copy of the supporting papers.
- More than 40 pages
- File type
- Paper
A proposed ex parte application may be submitted in hard copy when advance notice to the other side must be avoided, if the completed EF 20 notice is appended as a facing-out back page.
- File type
- Paper
- Ex parte application
Court's wording
If the circumstances underlying a proposed ex parte application make it necessary that advance notice to the other side be avoided (e.g., ex parte order of attachment), the application may be submitted in hard copy form with a completed Notice of Hard Copy Submission- E-Filed Case (EF 20) firmly appended thereto as a back page facing out.
Next, the filer should attach the proposed judgment in PDF-A format. It is requested that a legal back be included since the County Clerk uses space on the back to affix stamps upon entry and docketing.
- File type
- PDF/A
- Proposed judgment
Exhibits should be tabbed and be legible; a typed version of any exhibit that is difficult to read should be submitted with the original.
Exhibits printed on both sides of the page should be bound and tabbed on the side.
In Commercial Division cases, however, counsel shall bookmark filings as provided in Commercial Division Rule 6 and need not file exhibits separately when doing so.
Document Filing Requirements60 rules
Nonparticipating counsel must submit the original hard-copy documents, an additional unbound copy, and a Notice of Hard-Copy Submission simultaneously.
Court's wording
Pursuant to the E- Filing Rules, non-participating counsel shall submit to the court the original hard copy documents, and, in addition, an unbound hard copy thereof. Non-participating counsel shall also submit a Notice of Hard-Copy Submission - E-Filed Case (see Section B (3) below) at the same time.
A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.
Court's wording
A person or entity acting as filing agent for an attorney to a case must file an authorization form (accessible on the NYSCEF website (Forms EF-12 to EF-15)) prior to or together with the first e-filing by that attorney in that action.
An attorney or participating unrepresented litigant submitting a hard-copy document in an e-filed case must place a Notice of Hard-Copy Submission on the back page facing out.
Court's wording
Where in accordance with the E-Filing Rules an attorney or an unrepresented litigant who is participating in e-filing submits a document in hard copy in an e-filed case, the document must bear, as the back page facing out, a Notice of Hard-Copy Submission - E-Filed Case (a form available in the “Forms” section on the NYSCEF website (Form EFM-3) and in the court’s back offices).
An attorney who files through a filing agent must nevertheless have a User ID and password so that filings by the agent can be associated with an attorney of record.
If counsel wishes to amend the caption by stipulation or as of right, counsel must e-file a Notice to County Clerk - Amendment of Caption (NYSCEF Form EF 23 on the NYSCEF website).
In such instances, the filing counsel shall file with NYSCEF a “placeholder” in the form of a Notice of Hard Copy Exhibit Filing (NYSCEF Form EF 21). The Notice should be uploaded to NYSCEF as document type “Exhibit” and the filer should indicate in the “Additional Document Information” field that the filer is retaining custody of the original.
A filer who seeks assignment to the Commercial Division must submit with the RJI a Commercial Division RJI Addendum (Uniform Rule 202.70 (d)(see Form EF-4)) (2024 Version); a copy of the pleadings must be submitted only if the document has not previously been e-filed.
A completed Notice of Hard Copy Submission - E-Filed Case (NYSCEF Form EF-20, accessible on the NYSCEF site) indicating why the documents are being filed in hard copy form, must be firmly attached to the papers as the back page facing out (except for papers filed by a non-participating unrepresented litigant).
Rather, counsel should submit, in hard copy form with a Notice of Hard Copy Submission - E-Filed Case (EF 20), the commencement document together with a proposed order to show cause seeking a sealing order and a TRO restricting access to the file pending the hearing on the application.
- Document
- Commencement document
Should include
- •Proposed order
A party e-filing the application and seeking temporary restricted access shall file a proposed Order to Show Cause.
- Document
- Sealing application
Must include
- •Proposed order
A document submitted for protection must use the applicable Request to Seal identifier for an exhibit, affidavit or affirmation, or memorandum of law.
Court's wording
The document for which protection is sought should be filed with the document identifier Exhibit(s)-Request to Seal, or Affidavit/Affirmation – Request to Seal, or Memorandum of Law – Request to Seal, whichever is applicable to the document in question.
The County Clerk requires that orders contain specific document numbers in order to effectuate sealing.
Again, the Notification should identify the specific document(s) to be sealed by NYSCEF docket number.
- Document
- Notification for sealing
Should include
- •Case number
Once the court determines the application, the moving party must file a Notification for Sealing (Form EF-7) to alert the County Clerk to seal the document.
The proposed Order to Show Cause and TRO should include the NYSCEF numbers of the documents that were filed using the Temporarily Restricted identifiers.
Whenever an order of the court directs the County Clerk to enter judgment, or the court requires the presentation of a proposed judgment directly to the Justice after a decision or trial, counsel seeking entry shall submit a proposed judgment.
In an e-filed case, the notice of appeal must be filed through NYSCEF with the specified informational statement, proof-of-service copies, and judgment or order, all as one PDF-A without a County Clerk hard copy.
Court's wording
A notice of appeal shall be filed with NYSCEF in an e-filed case, together with an informational statement, a copy of proof of service on any attorney who has opted out and any non- participating unrepresented party, and a copy of the judgment or order appealed from. All documents shall be e- filed as a single PDF-A document. No hard copy should be delivered to the County Clerk’s Office.
The certificate of readiness requires the filer to state that there has been compliance with any order issued pursuant to Uniform Rule 202.12.
The note of issue must be accompanied by a certificate of readiness, an affirmation of counsel reciting compliance with any preliminary conference order, a copy of such order, and, in a hard-copy case, an affidavit of service.
A note of issue must of course be filed in order to place a case on the calendar for trial (CPLR 3402 (a)), including inquests or framed issue hearings before a Justice (but not for hearings conducted by a Referee).
Notice of Entry
Proposed Judgment: A proposed form of the document that formally ends the marriage and resolves all issues between the parties.
Proposed Findings of Fact and Conclusions of Law: A proposed decision submitted to the court for its consideration and possible execution.
Note of Issue: An original and two copies with proof of index number purchase.
Proof of Awareness of Health Coverage - DRL 255
New York State Case Registry Filing Form: Only if there are children under 21.
UCS - 111 (Divorce and Child Support Summary Form): Form required only if there is child support involved (children under 21).
Certificate of Dissolution: Certificate reflecting dissolution.
In order properly to file, the plaintiff must fill out an index number purchase form; purchase an index number (cost $ 210); fill the index number in on the summons and the complaint or the summons with notice and add the date the index number was purchased.
When the ground for divorce is DRL § 170(5) or (6) (separation decree or separation agreement), the defendant has made a general appearance (signed the Affidavit of Defendant or appeared by an attorney) and the marriage was performed in a religious ceremony, then both parties must execute the Removal of Barriers Affidavit or one party must execute and serve the Affidavit and waive reciprocal performance by the other.
Part 130 Certification
Affidavit of Child's Residence: Required when there are children under the age of 18, but advisable in all cases. This information can be included in Item 5.
Sworn Statement as to Barriers to Remarriage (With Proof of Service): Necessary only when the marriage had been performed in a religious ceremony or one conducted by the Ethical Culture Society.
Request for Judicial Intervention: Previously none was required, but one is required now (Uniform Rule 202.6 (b)), although there is no fee payable and the case will not be assigned to an IAS Justice.
Child Support Worksheet: Necessary when there is a child of the marriage under 21.
Plaintiff will file one set of the summons and complaint or summons with notice with the Clerk. One set of these papers will be served on the defendant and the original papers will later be filed with the Matrimonial Support Office (Room 311).
Plaintiff's Affidavit: This must establish all the elements of the plaintiff's case to justify the relief requested.
Summons and Verified Complaint, or Summons with Notice, with Proof of Service or Defendant's Waiver : A verified complaint must be filed in all cases, even those commenced by summons with notice.
Affidavit of Regularity: By plaintiff. States that defendant has consented to placement on the calendar, or shows the manner of service and claims a default after the proper time has elapsed, relying on the third-party affidavit of service.
Postcard: A stamped, self-addressed postcard containing the title of the action and the calendar and index numbers; used to notify the plaintiff of the status of the case.
Within 90 days after service of the complaint, a party may seek Commercial Division assignment by filing the RJI and Addendum; failure to file the RJI precludes seeking assignment.
Court's wording
Uniform Rule 202.70 (d) provides that, within 90 days following service of the complaint, any party may seek assignment to the Division by filing of the RJI and Addendum, but that failure to file an RJI as provided in that subdivision precludes a party from seeking assignment of the case to the Division.
Counsel must attach to motion papers copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion.
Whenever reliance is placed upon a decision or other authority not officially published or readily available to this court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers.
Documents in a foreign language shall be properly translated (CPLR 2101(b)).
Unless the court directs otherwise, counsel in cases tried in IAS Parts must submit specified pretrial documents at least ten days before trial or at the time directed by the court, with jury and non-jury requirements varying by case type.
Court's wording
Rule 22. Marked Pleadings and Other Pre-Trial Submissions in Pure IAS Parts. In cases to be tried in IAS Parts, unless the court directs otherwise, at least ten days prior to trial or at such other time as the court may direct, counsel shall submit to the court marked pleadings, the bill of particulars, and a list of witnesses (direct case); and in a jury case, requests to charge, a proposed verdict sheet, and, as appropriate, a memorandum of law or copies of authorities addressed to any unusual jury charge requests; and, in all jury cases in which doing so will facilitate efficient presentation of proof and in all non-jury cases, pretrial memoranda.
Rule 25. Submissions at Preliminary Conference. Each party is required to submit at the preliminary conference a properly certified net worth statement and a copy of the retainer agreement in accordance with Section 202.16 of the Uniform Rules for the Trial Courts.
A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to a claim.
At the pre-trial conference, counsel must provide the adversary and court with all listed pretrial submissions, including marked pleadings when disputed, an applicable child support worksheet, and any expert report not previously provided.
Court's wording
Rule 29. Mandatory Pre-Trial Submissions. At the pre-trial conference, counsel shall provide his or her adversary and the court (a) marked pleadings (if grounds are in issue), (b) proposed statement of disposition, (c) child support worksheet (if applicable), (d) updated net worth statement, (e) list of all proposed exhibits, (f) witness list, (g) any expert report not previously provided, (h) pre-trial memoranda and (i) proof of filing of the note of issue.
The filing attorney shall note in the "Related Cases" area of the RJI that related cases are pending in this court.
A copy of this Administrative Order shall be attached to the Request for Judicial Intervention ("RJI") by the attorney filing any such case in this court.
If an addendum is not being created by NYSCEF but by counsel, the RJI and addendum must be submitted to NYSCEF as separate documents.
If the court by order grants leave to amend the caption, counsel should submit to the County Clerk‘s E-File Department via NYSCEF a copy of that order and a completed Notice to the County Clerk - CPLR § 8019 (c).
Filing & Service rules
Electronic Filing Rules
For cases commenced on or after February 19, 2013, e-filing through NYSCEF is mandatory except for the listed case types, and all subsequent documents must be e-filed.
E-filing is mandatory in all types of cases (other than election law, matrimonial, Art. 78, and Mental Hygiene Law matters, and Art. 70 habeas corpus proceedings) that are commenced in this court on or after February 19, 2013. All such cases must be commenced by filing with the County Clerk electronically through NYSCEF and all subsequent documents in such cases must be e-filed.
Page 1 | A. E-FILED CASES GENERALLY
In a mixed e-filed case, participating attorneys and unrepresented litigants must e-file all documents and serve one another electronically, while nonparticipating litigants and counsel use hard-copy filing and service.
If an e-filed case involves a litigant or an attorney who is not participating in e-filing, the case shall remain an e-filed matter, and each participating attorney or unrepresented litigant shall e-file all documents to be filed with the court and shall serve one another electronically as provided in the E-Filing Rules. Non-participating litigants and counsel shall file and serve and be served in hard copy format.
Page 2 | A. E-FILED CASES GENERALLY
The County Clerk and court generally do not accept paper documents in e-filed cases, and an un-e-filed document does not become part of the court record.
Unless otherwise provided by the E-Filing Rules or this Protocol, in e-filed cases the County Clerk and the court will not accept documents filed in paper form. In the event that counsel fails to e-file a document, it will not be part of the court record.
Page 2 | B. FILING OF PAPERS GENERALLY
In a NYSCEF case, all documents, including motion papers and permitted letters to the court, must be filed through NYSCEF unless a rule or physical-requirements exemption applies.
Unless otherwise provided in the Rules or herein or where a special exemption is granted due to physical requirements (e.g., oversized maps; see Item B (10)), all documents to be filed with the court in a NYSCEF case, including all documents on motions and all letters to the court (where permitted), must be filed with the NYSCEF system.
Page 2 | B. FILING OF PAPERS GENERALLY
An emergency filer must electronically refile documents initially submitted in hard-copy form within three business days of the emergency filing.
Under the Rules, an emergency filer must e-file documents that initially were filed in hard copy form within three business days of the emergency filing
Page 3 | B. FILING OF PAPERS GENERALLY
A NYSCEF motion on notice or notice of petition must be e-filed at least eight days before its return date and made returnable in Room 130.
A motion on notice or a notice of petition in a NYSCEF case, as in others, shall be e-filed no later than eight days prior to the return date and shall be made returnable in the Motion Submission Part Courtroom (Room 130).
Page 4 | D. MOTIONS ON NOTICE
A for-fee RJI and any required addendum must be submitted through NYSCEF when seeking IAS assignment, while a no-fee RJI must be submitted through NYSCEF in other instances.
In a NYSCEF case, a for-fee RJI (2024 version) and RJI addendum where required shall be submitted via NYSCEF if an IAS assignment is sought and a no-fee RJI shall be submitted via NYSCEF in other instances.
Page 4 | C. REQUESTS FOR JUDICIAL INTERVENTION
A compliant Part adjournment may be obtained by e-filing a stipulation of all parties and entering the motion number and current return date in NYSCEF's Additional Document Information field.
An adjournment that so complies may be obtained by filing with NYSCEF a stipulation of all parties (designated in the filing menu as a Stipulation - - Adjournment of Motion - - Before Judge); the motion number and the current return date of the motion being adjourned shall be set forth in the “Additional Document Information” field in NYSCEF.
Page 5 | A. E-FILED CASES GENERALLY
A compliant Room 130 adjournment may be obtained by e-filing a stipulation of all parties, identifying the motion number and current return date in NYSCEF's Additional Document Information field.
An adjournment that so complies may be obtained by filing with NYSCEF a stipulation of all parties (designated in the filing menu as a Stipulation - - Adjournment of Motion - in Submissions Part - Rm. 130); upon e-filing of the stipulation, the motion number and the current return date of the motion being adjourned shall be set forth in the “Additional Document Information” field in NYSCEF.
Page 5 | A. E-FILED CASES GENERALLY
A proposed order directed to be settled must be transmitted through NYSCEF using the Notice of Settlement - w/Proposed Order/Counter Order designation.
Where the decision directs that an order be settled, the proposed document shall be transmitted to NYSCEF with the designation from the document filing menu Notice of Settlement - w/Proposed Order/Counter Order.
Page 6 | E. LONG FORM ORDERS/JUDGMENTS ON MOTIONS
Except for the stated exceptions, proposed orders to show cause and supporting documents in all NYSCEF cases must initially be e-filed, and the Clerk will not accept original hard copies.
Except as noted in the next paragraph, proposed orders to show cause and supporting documents in all NYSCEF cases must be submitted first by filing with NYSCEF; original (hard copy) documents will not be accepted by the Clerk.
Page 6 | F. ORDERS TO SHOW CAUSE
A proposed order or judgment directed to be submitted must be transmitted through NYSCEF using the Order – (Proposed) “Submit Order” per Judge’s Decision designation.
If the decision directs that an order or judgment be submitted, the proposed document shall be transmitted to NYSCEF with the designation from the document filing menu Order – (Proposed) “Submit Order” per Judge’s Decision.
Page 6 | E. LONG FORM ORDERS/JUDGMENTS ON MOTIONS
When directed by the court, a proposed order or judgment, any required notice of settlement, and any proposed counter-order or counter-judgment must be filed through NYSCEF.
If the court in a decision directs that an order or judgment be settled or submitted (i.e., settlement on notice not required) on a motion in a NYSCEF case, the proposed order/judgment, with notice of settlement where required, and any proposed counter- order/judgment shall be filed with the court via NYSCEF.
Page 6 | E. LONG FORM ORDERS/JUDGMENTS ON MOTIONS
A TRO submission without an affirmation or affidavit demonstrating significant prejudice from notice must be filed through NYSCEF under the general online procedure.
If counsel seeks a TRO but does not submit an affirmation/affidavit demonstrating significant prejudice, the documents shall be filed as provided in the immediately preceding paragraph.
Page 6 | F. ORDERS TO SHOW CAUSE
A proposed judgment directed to be settled must be transmitted through NYSCEF using the Notice of Settlement - w/Proposed Jdgmt./Counter Jdgmt. designation.
If the decision directs that a judgment be settled, the proposed document shall be transmitted to NYSCEF with the designation from the document filing menu Notice of Settlement - w/Proposed Jdgmt./Counter Jdgmt.
Page 6 | E. LONG FORM ORDERS/JUDGMENTS ON MOTIONS
After the clerk approves the final version of the submission, it must be e-filed.
Once a final version of the submission has been approved by the clerk, it shall be e-filed.
Page 6 | F. ORDERS TO SHOW CAUSE
When the Clerk e-files a declined proposed order and supporting documents were originally submitted in hard copy, the filing attorney or non-exempt party must e-file those documents with NYSCEF using the Fee Previously Paid option within three business days after the Clerk's filing.
If the proposed order to show cause and supporting documents were filed with the court in hard copy form pursuant to Par. 2 of this section, the filing attorney or party (other than an exempt party) shall file the proposed order and supporting documents with NYSCEF (select the “Fee Previously Paid” option) no later than three business days after the filing by the Clerk.
Page 7 | F. EX PARTE APPLICATIONS
When documents are served in hard copy and no party is served through NYSCEF, the filer must e-file the supporting papers with proof of hard copy service within three business days after service.
When hard copy service is made of documents that were submitted in hard copy form pursuant to Par. 2 of this section and where no party is served via NYSCEF, the filer (except one who is exempt from mandatory e-filing) shall, no later than three business days after service, e-file the supporting papers (designating them in the NYSCEF document filing menu as Supporting Papers to OSC (After Service)), together with proof of hard copy service.
Page 7 | F. EX PARTE APPLICATIONS
A not-for-profit application requiring Attorney General approval must be e-filed and accompanied by a hard copy with the original approval appended for transmission to the Ex Parte Justice.
In the case of applications by a not-for-profit (e.g., regarding sale or lease of a property, disposition of assets) that require approval by the Attorney General, the application shall be e-filed and will be reviewed in electronic form. The filer shall also submit a hard copy with the original of the approval appended, which shall be transmitted to the Ex Parte Justice by the clerk.
Page 7 | G. EX PARTE APPLICATIONS
Certain applications, including mechanic's lien continuation applications, must be uploaded to NYSCEF and submitted in hard copy with the original County Clerk data-correct stamp.
On certain applications (e.g., seeking continuation of a mechanic’s lien), the papers shall be uploaded to NYSCEF and then submitted in hard copy with the original County Clerk’s “data correct” stamp.
Page 7 | G. EX PARTE APPLICATIONS
Change-of-name papers must be uploaded to NYSCEF, with a hard copy and original raised-seal birth certificate required only when the petitioner was born in New York State.
On applications for change of name, the papers shall be uploaded to NYSCEF. The application shall also be submitted in hard-copy format with an original birth certificate with raised seal, if Petitioner was born in New York State. Otherwise, no hard copy is needed.
Page 7 | G. EX PARTE APPLICATIONS
Documents submitted in hard copy must subsequently be e-filed unless submitted by an exempt party or attorney.
In all situations described in this paragraph (other than those of an exempt party or attorney), documents submitted in hard copy form must thereafter be e-filed, as set forth below.
Page 7 | F. EX PARTE APPLICATIONS
Proposed ex parte applications in e-filed matters must be e-filed and are initially reviewed electronically without a hard copy, subject to the stated exception in the next paragraph.
Except as provided in the next paragraph, proposed ex parte applications in a matter required to be e-filed shall be e-filed and will be reviewed by the clerk online; no hard copy is required at this stage.
Page 7 | G. EX PARTE APPLICATIONS
Signed ex parte orders must be uploaded to NYSCEF.
Signed orders will be uploaded to NYSCEF.
Page 8 | G. EX PARTE APPLICATIONS
Until a sealing issue is resolved, sealing documents generally must be filed in hard copy with Form EF 20, unless counsel e-filed the sensitive document as Restricted and timely obtained a signed TRO.
Until the court has resolved the sealing issue, counsel shall file documents in hard copy form, with a Notice of Hard Copy Submission - E-Filed Case (EF 20) appended, except where the sensitive document has been e-filed by counsel in “Restricted” status and timely protected by a signed TRO.
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Counsel seeking an initial case-file sealing order should not e-file the commencement document.
Where counsel seeks to obtain a sealing order for a case file at the outset of the case, the attorney should not e-file the commencement document.
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
At the same time, the filer must separately e-file the document seeking protection using an identifier that temporarily limits access to the court and filing party.
The filer shall at the same time but separately e- file the specific document for which protection is sought by using a document identifier that will cause access to the document to be temporarily restricted to the court and the party that filed it.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Opposition or reply papers in a hard-copy sealing motion must also be submitted only in hard-copy form with the EF 20 notice attached.
If the motion is made in hard copy, any opposition or reply papers must only be submitted in hard copy form, with said Notice attached.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
After a TRO is signed, counsel must immediately deliver the TRO and commencement documents in person to the County Clerk’s E-Filing Department before e-filing the commencement documents.
If the Justice signs the TRO, the attorney must immediately go in person to the County Clerk’s E-Filing Department with the ===== PAGE 10 ===== TRO and commencement documents prior to e-filing the commencement documents.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
In an e-filed case, the preliminary-conference request, RJI, required addendum, and RJI fee must be handled through NYSCEF.
In an e-filed case, the request and RJI and Addendum, if required, shall be filed with NYSCEF as provided therein and the RJI fee paid via NYSCEF.
Civil cases
Page 1 | B. Conferences — 1. Preliminary Conferences
Filing Timing and Cure Windows
Failure to electronically refile hard-copy documents within three business days will cause the originals to be discarded and may result in an incomplete court record.
Under the Rules, an emergency filer must e-file documents that initially were filed in hard copy form within three business days of the emergency filing; the originals will be discarded after the documents have been processed and the failure to e-file as required will therefore lead to an incomplete record.
Page 3 | B. FILING OF PAPERS GENERALLY
A motion on notice or notice of petition must be e-filed no later than eight days before the return date.
A motion on notice or a notice of petition in a NYSCEF case, as in others, shall be e-filed no later than eight days prior to the return date
Page 4 | D. MOTIONS ON NOTICE
The e-filing of the proposed order and supporting documents is due within three business days after the Clerk's filing.
the filing attorney or party (other than an exempt party) shall file the proposed order and supporting documents with NYSCEF (select the “Fee Previously Paid” option) no later than three business days after the filing by the Clerk.
Page 7 | F. EX PARTE APPLICATIONS
NYSCEF's temporary restriction on a document filed with a Temporarily Restricted identifier expires after fourteen calendar days.
The temporary restriction on access to the document for which protection is sought that is given by a special Temporarily Restricted document identifier will expire in fourteen (14) calendar days.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Documents related to the sealing issue that remain unfiled must be e-filed within three business days after the County Clerk seals the entire file or after an adverse sealing determination.
All documents presented in connection with the sealing issue that have not yet been e-filed must be e-filed within three business days after the County Clerk seals the file if the entire file is sealed or after the sealing issue is determined adversely to the applicant.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Without a signed TRO obtained and presented to the clerk within fourteen calendar days, the document loses restricted status and becomes public.
If no signed TRO is obtained and brought to the clerk’s attention within the fourteen calendar day period, the document will lose restricted status and become available to the public.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
If a sealing request is denied, counsel must e-file every document not yet filed within three business days after the decision.
If the relief sought is denied, the applying counsel must, within three business days after the sealing issue is determined, e-file all documents not yet e-filed.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Court staff upload issued orders to NYSCEF, but an order is not entered until the County Clerk affixes a filing stamp.
Upon issuance of an order or decision and order, court staff will upload the document to NYSCEF. This will generate an immediate e-mail notification to participating counsel and unrepresented litigants on the case, to which shall be appended a link to the document. The posting of the order or decision and order by court staff does not constitute entry thereof. The entry of such an order or decision and order shall be effectuated thereafter only when the County Clerk affixes to the posted document a filing stamp.
Page 11 | L. ENTRY AND NOTICE OF ENTRY IN NEW YORK COUNTY
When an RJI accompanies a disclosure motion, the preliminary conference must be held within 45 days.
If the RJI accompanies a disclosure motion, the preliminary conference shall be held within 45 days.
Civil cases
Page 1 | A. Differentiated Case Management
A preliminary conference must be held within 45 days after the RJI is filed.
Pursuant to Uniform Rule 202.19 (b) (1), a preliminary conference must be held within 45 days after the RJI is filed.
Civil cases
Page 1 | A. Differentiated Case Management
The court must hold a settlement conference within 45 days after filing of the note of issue and certificate of readiness in a medical, dental, or podiatric malpractice action.
The court shall hold a settlement conference in medical, dental, and podiatric malpractice actions within 45 days after the filing of the note of issue and certificate of readiness
Civil cases
Page 1 | B. Conferences — 3. Settlement Conference in Medical Malpractice Cases
If a motion to vacate the note of issue and certificate of readiness is denied, the settlement conference must be held within 45 days after the denial.
or, if a party moves to vacate the note of issue and certificate of readiness and that motion is denied, within 45 days after denial of the motion.
Civil cases
Page 1 | B. Conferences — 3. Settlement Conference in Medical Malpractice Cases
When an RJI is filed with a non-discovery motion that does not dispose of the case, the preliminary conference must occur within 45 days after the decision.
The Rule is interpreted to mean that if the RJI accompanies a non-discovery motion, the conference shall be held within 45 days after the decision on the motion, assuming that the decision does not dispose of the case.
Civil cases
Page 1 | A. Differentiated Case Management
A plaintiff must file the statutory malpractice notice within 60 days after joinder of issue or expiration of the defaulting party's time to appear.
The plaintiff must file a Notice of Medical, Dental or Podiatric Malpractice Action in cases of those types within 60 days of joinder of issue or after the time for a defaulting party to appear has expired.
Civil cases
Page 1 | B. Conferences — 1. Preliminary Conferences
Detailed financial disclosure must be furnished and filed with the court at least ten days before the preliminary conference.
Uniform Rule 202.16 provides procedures applicable to these cases, including a requirement for the provision of detailed items of financial disclosure that must be furnished and filed with the court at least ten days prior to the preliminary conference.
Civil cases
Page 1 | Contested Cases — A. Deadlines & Processing of Papers
Unless a particular preliminary conference order or other assigned-Justice directive states otherwise, summary judgment must be moved no later than 120 days after filing of the note of issue, with an exception for leave of court for good cause shown.
Unless otherwise provided in a particular case in the preliminary conference order or other directive of the Justice assigned, a motion for summary judgment shall be made no later than 120 days after the filing of the note of issue, except with leave of court for good cause shown.
Civil cases
Page 6 | MOTIONS — Rule 17, Motions for Summary Judgment
Within sixty days after the EDPL 503(B) filing period in an order of acquisition expires, the condemnor must obtain a separate index number for each fee claim on file and notify the claimant or attorney of record of the assigned number.
Rule 30. Index Numbers for Fee Claims. Within sixty days from the expiration of the time set forth, pursuant to EDPL 503 (B), in an order of acquisition for the filing of written claims or notices of appearance, condemnor shall obtain an index number for each of the fee claims on file with the court pursuant to the said order so that the Clerk can separately maintain the claim and all further proceedings with respect thereto, and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim.
Civil cases
Page 8 | EMINENT DOMAIN — Rule 30. Index Numbers for Fee Claims.
The note of issue should be filed by the calculated DCM deadline, subject to the court's discretion.
The note of issue should be filed by that deadline, subject to the court’s discretion.
Civil cases
Page 1 | A. Differentiated Case Management
After the malpractice notice is filed, the assigned Justice must conduct a preliminary conference as soon as practicable and schedule expedited disclosure proceedings.
The assigned Justice shall conduct a preliminary conference as soon as practicable after the filing of the Notice and shall schedule disclosure proceedings so as to expedite a final disposition of the matter.
Civil cases
Page 1 | B. Conferences — 1. Preliminary Conferences
Discovery in a City DCM case must be completed within 12 months after the RJI is filed.
City cases are presumed to be standard cases under the DCM regime (Uniform Rule 202.19), meaning that discovery is to be completed within 12 months from filing of the RJI.
Civil cases
Page 1 | City Case Automated Differentiated Case Management — 2. Setting a Disclosure Schedule in City DCM Cases
Filing a motion with the RJI does not toll the DCM clock.
The DCM clock is not tolled when a motion is filed with the RJI.
Civil cases
Page 1 | A. Differentiated Case Management
The overall DCM target for disposition of a standard case is 27 months after RJI filing.
In a standard case, that deadline is 27 months (12 months for the pre-note phase and 15 from the post-note phase).
Civil cases
Page 1 | A. Differentiated Case Management
A DCM track and corresponding discovery and note-of-issue target are assigned when the RJI is filed.
Cases are assigned to a “track” (primarily “standard” or “complex”) upon filing of the RJI. Associated with each track is a target time frame for the completion of discovery and filing of the note of issue.
Civil cases
Page 1 | A. Differentiated Case Management
The DCM target for filing the note of issue is 12 months after RJI filing for standard-track cases and 15 months for complex-track cases.
The main tracks are: “standard” and “complex.” The applicable DCM target deadline for filing of the note of issue is 12 months in the former and 15 months in the latter.
Civil cases
Page 1 | A. Differentiated Case Management
Tax certiorari cases receive a special 48-month DCM time frame.
Tax Certiorari - - Special time frame (48 months)
Civil cases
Page 1 | A. Differentiated Case Management
Matrimonial cases receive a special six-month DCM time frame.
Matrimonial - - Special time frame (six months)
Civil cases
Page 1 | A. Differentiated Case Management
The assigned Justice's order, rather than a standardized DCM target reported by an information service, controls the actual note-of-issue and trial dates.
The actual date by which a note of issue must be filed in any particular case or the trial date are the dates directed by the Justice assigned in an order.
Civil cases
Page 1 | A. Differentiated Case Management
Mass-tort cases receive an ultra-complex DCM track with a 20-month target.
Mass Torts - - Ultra-Complex (20 months)
Civil cases
Page 1 | A. Differentiated Case Management
The note of issue should be filed by the applicable DCM target, but the assigned Justice may extend that deadline for good cause and the Justice's scheduling order controls.
Each Part is expected to schedule pre-note proceedings in accordance with the applicable DCM target, and particularly to ensure that the note of issue is filed within the DCM target deadline therefor, although the Justice does have discretion to extend DCM deadlines in an individual case when there is good reason for doing so; thus, the scheduling orders of the Justice will govern the parties in each case.
Civil cases
Page 1 | A. Differentiated Case Management
The ordinary DCM target for case disposition is 15 months after the target date for filing the note of issue, rather than after the scheduling-order date.
There is also a DCM target deadline for the post-note phase of each case. Notwithstanding Rule 202.19 (c), the DCM target deadline for disposition of the case is 15 months, which is calculated from the DCM target deadline for filing of the note of issue (not from the date fixed by the Justice in a scheduling order).
Civil cases
Page 1 | A. Differentiated Case Management
Service and Proof of Service Rules
The executed opt-out form must be served on all parties and filed in person with proof of service at the County Clerk’s E-File Department.
The executed form shall be served on all parties and shall be filed with proof of service with the County Clerk’s E-File Department in person (60 Centre St., Room 141B).
Page 1 | A. E-FILED CASES GENERALLY
Proof of hard copy service must be e-filed with the supporting papers within three business days after service.
the filer (except one who is exempt from mandatory e-filing) shall, no later than three business days after service, e-file the supporting papers (designating them in the NYSCEF document filing menu as Supporting Papers to OSC (After Service)), together with proof of hard copy service.
Page 7 | F. EX PARTE APPLICATIONS
When a NYSCEF order directs the County Clerk to act, counsel must serve the order by filing a completed NYSCEF Form EF-22 notice with NYSCEF.
If an order in a NYSCEF case directs that the County Clerk take action, a copy of the order must be served on the County Clerk (CPLR § 8019 (c)), as the order will usually expressly provide. This shall be done by filing with NYSCEF a completed Notice to the County Clerk - CPLR § 8019 (c) (NYSCEF Form EF-22, available on the NYSCEF site).
Page 8 | J. SERVICE OF ORDERS ON THE COUNTY CLERK AND BACK OFFICES
Interlocutory documents are served by posting them to NYSCEF, which immediately emails notice and a link to participating counsel and unrepresented litigants.
Pursuant to the E-Filing Rules, service of interlocutory documents is made by posting a document to the NYSCEF site, which automatically and immediately transmits an e-mail notice of the filing, including a link to the document, to all participating counsel and unrepresented litigants on the case.
Page 8 | I. SERVICE ON PARTIES
When an order directs service on the Clerk of the General Clerk's Office, the filer must submit it through NYSCEF using the specified document type.
If the order directs service on the Clerk of the General Clerk’s Office, the filer shall make the submission using the NYSCEF document type “Service on Supreme Court Clerk (Genl. Clerk) w/Copy of Order.”
Page 8 | J. SERVICE OF ORDERS ON THE COUNTY CLERK AND BACK OFFICES
When service is made by another CPLR-permitted method, proof of service must be filed through NYSCEF.
The Rules also authorize service by other methods permitted by the CPLR. If service by such a method is made, proof of service must be filed with NYSCEF.
Page 8 | I. SERVICE ON PARTIES
When an order directs service on the Special Referee Clerk, the filer must submit it through NYSCEF using the specified document type.
If the submission is to be served on the Special Referee Clerk, the filer shall make the submission using the NYSCEF document type “Service on Special Referee Clerk w/Copy of Order.”
Page 8 | J. SERVICE OF ORDERS ON THE COUNTY CLERK AND BACK OFFICES
In addition, counsel shall set forth in the body of the e-mail message a concise description of the action directed by the order.
In addition, counsel shall set forth in the body of the e-mail message a concise description of the action directed by the order.
Page 9
In a hard-copy case, required notice to the back-office clerk must be given by e-mailing a copy of the order, with notice of entry if the court so directs.
Where notification needs to be served on the back-office Clerk in a hard-copy case, such notice shall be given by transmitting a copy of the order by e-mail, with notice of entry if the court has so directed, to the appropriate e- mail box.
Page 9
The order-service email must use the subject line “Service of Order” and briefly identify the order type.
Counsel shall put in the subject line “Service of Order” and a brief identification of the type of order involved (e.g. “Order of Consolidation,” “Order Striking Note of Issue”).
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
NYSCEF notifications do not constitute service; a party must serve the copy and written notice of entry under Uniform Rule 202.5-b(h)(2), without delivering a hard copy to the County Clerk's Office.
Notifications of the posting of an order/decision and order/judgment and of the completion of the entry process that are transmitted from NYSCEF do not constitute service of notice of entry by any party. Notice of entry shall be served by a party by serving a copy of the order/decision and order/ judgment and written notice of its entry in the manner set forth in Uniform Rule 202.5-b (h) (2). No hard copy should be delivered to the County Clerk’s Office.
Page 11 | L. ENTRY AND NOTICE OF ENTRY IN NEW YORK COUNTY
Participating parties are served through NYSCEF unless a party uses another CPLR-authorized method, in which case proof of service must be e-filed.
The other participating parties to the case will be served via NYSCEF, except where a party chooses to serve by another method authorized by the CPLR, in which case proof of such service shall be e-filed.
Page 12 | N. NOTICES OF APPEAL AND APPEAL PAPERS
A request for a preliminary conference must be filed with the General Clerk's Office with proof of service to obtain scheduling.
Preliminary conferences sought by parties pursuant to Rule 202.12 of the Uniform Rules for the Trial Courts are scheduled upon filing with the General Clerk's Office (Room 119) of a request for a preliminary conference with proof of service.
Civil cases
Page 1 | B. Conferences — 1. Preliminary Conferences
After a motion affecting a case's caption or trial status is granted, the prevailing attorney must serve the order on both clerks in hard-copy cases or through NYSCEF in e-filed cases.
If a motion affecting the caption or the trial status of a case (e.g., a motion to correct a caption, to substitute a party, to amend, to strike a note of issue, to restore to the trial calendar, or to obtain a preference) is granted, the prevailing attorney must serve a copy of the court’s order on both the County Clerk and the General Clerk's Office in a hard-copy case or via NYSCEF in an e-filed case.
Civil cases
Page 1 | B. Orders Affecting The Caption Or Trial Status
Proof of service of the automatic orders under DRL 236 is required in the uncontested-divorce papers.
Proof of Service of Automatic Orders - DRL 236
Civil cases
Page 1 | Uncontested Cases — B. Pursuing a Judgment
The initiating papers must be served on the defendant within 120 days after filing in the County Clerk’s Office, and untimely service may result in dismissal upon motion.
The plaintiff must cause the summons and complaint or summons with notice to be served within 120 days of the date the summons and complaint were filed in the County Clerk’s Office. Failure to serve the defendant on time can result in dismissal upon motion. See CPLR 306-b.
Civil cases
Page 1 | Uncontested Cases — A. Commencement of an Action
The attorney must serve a Notice of Conference on all parties at least five days before the appearance, include the conference information and proposed approval order unless already served, and submit proof of service at the conference.
An attorney seeking approval of such a proposal shall serve on all parties, at least five days prior to the scheduled appearance, a Notice of Conference on Proposed Infant’s [or other] Compromise. This Notice shall indicate the date, time and place of the conference. A copy of the proposed order of approval shall be annexed to the Notice unless previously served upon all parties. Said attorney shall submit to the court at the conference proof of service of such Notice.
Civil cases
Page 4 | Conferences and Discovery
Counsel must serve a copy of any order affecting a case’s trial status on the General Clerk’s Office.
A copy of any order affecting the trial status of a case (e.g., striking a note of issue) shall be served on the General Clerk’s Office.
Civil cases
Page 6 | MOTIONS — Rule 16, Orders
Counsel must serve copies of caption-affecting orders on both the General Clerk’s Office and the County Clerk so their records can be corrected.
A copy of any order affecting the caption of a case (e.g., amendment, substitution, correction of errors) shall be served by counsel upon the General Clerk’s Office (Room 119) and upon the County Clerk (Room 141B) so that the court’s records and the County Clerk’s records may be corrected.
Civil cases
Page 6 | MOTIONS — Rule 16, Orders
When an order requires service on both the County Clerk and a back office, counsel must follow both specified service procedures.
If an order needs to be served on both the County Clerk and a back office, counsel should follow the steps set forth in both Par. 1 and Par. 2 of this Section.
Page 9
A demand not already provided must be given to the defendants before the Judicial Mediation conference.
A demand, if not already provided, must be provided to the defendant(s) in advance of this conference so as to facilitate discussion at the conference.
Civil cases
Page 1 | 1) General Assignment and Motor Vehicle Cases
A demand not already provided must be given to the defendants, and counsel must contact the Transit Authority in advance to transmit it before the settlement conference.
A demand, if not already provided, must be provided to the defendant(s) in advance of this conference so as to facilitate discussion at the conference. Counsel must contact the Transit Authority (718-694-3991) in advance of the conference to transmit the demand.
Civil cases
Page 1 | 4) Transit Cases
In a hard-copy case, the General Clerk's Office may be served by email under Section J(2) of the E-Filing Protocol.
In a hard-copy case, the General Clerk’s Office may be served by e-mail as provided in Section J (2) of the E-Filing Protocol on the “E-Filing” page on this website.
Civil cases
Page 1 | B. Orders Affecting The Caption Or Trial Status
Order notice must be emailed to genclerk@nycourts.gov for the General Clerk’s Office or spref-nyef@nycourts.gov for the Special Referee.
The relevant Clerk shall once again be the Clerk of the General Clerk’s Office or the Special Referee Clerk. The relevant e-mail addresses are as follows: Clerk of the General Clerk’s Office, Rm. 119: genclerk@nycourts.gov Special Referee: spref-nyef@nycourts.gov
Page 9
Filing Fees and Waivers
NYSCEF court fees must be paid through NYSCEF by Mastercard, Visa, or American Express, not in person at the County Clerk’s Office, and NYSCEF imposes no user fees.
Court fees in NYSCEF cases must be paid via NYSCEF by a credit or bank card (Mastercard, Visa, or American Express). Fees are not accepted in person in the County Clerk’s Office. NYSCEF itself imposes no user fees.
Page 3 | B. FILING OF PAPERS GENERALLY
Entry of a default judgment by the County Clerk requires payment of a $45 motion fee.
After the attorney has confirmed and finalized the submission, in the case of an application for a default judgment, a payment screen will open since entry of a default judgment by the County Clerk requires the payment of the $ 45 motion fee.
Page 12 | 2) Default Judgments by the County Clerk; Judgment by Confession
After approval of the proposed malpractice notice and RJI, the RJI fee must be paid in Room 160.
The proposed Notice and RJI must be submitted to the General Clerk's Office via NYSCEF or, in a paper case, in hard copy for approval (after which the RJI fee is paid in Room 160).
Civil cases
Page 1 | B. Conferences — 1. Preliminary Conferences
In an e-filed case, the RJI fee must be paid through NYSCEF.
In an e-filed case, the request and RJI and Addendum, if required, shall be filed with NYSCEF as provided therein and the RJI fee paid via NYSCEF.
Civil cases
Page 1 | B. Conferences — 1. Preliminary Conferences
The note-of-issue filing fee is $30 when the RJI fee was previously paid, and the jury-demand filing fee is $65; e-filed cases pay through NYSCEF and hard-copy cases pay in person at the County Clerk's office.
The fees for filing a note of issue and jury demand must be paid to the County Clerk through the New York State Courts Electronic Filing System in e-filed cases or, in hard-copy cases, in person in Room 160 at 60 Centre Street (fees are $ 30 (where the RJI has previously been paid for) and $ 65 respectively).
Civil cases
Page 1 | A. Filing Of Notes Of Issue
Filing fees may be paid in cash, by Visa, Mastercard, or American Express card, by a qualifying attorney's check, or by U.S. postal money order; non-attorney checks must be certified.
The fees must be paid in cash, by Visa, Mastercard, or American Express credit or bank card, by an attorney's check made payable to the New York County Clerk, or in the form of a U.S. postal money order made payable to the New York County Clerk. An attorney's check will be accepted if it is from a New York attorney, provided that words such as "Attorney at Law" or "Esq." appear thereon, together with the attorney's address and phone number. Other checks must be certified.
Civil cases
Page 1 | A. Filing Of Notes Of Issue
The applicant must purchase a calendar number from the County Clerk’s Cashier for $125.
The applicant brings the papers to the Cashier in the County Clerk’s Office for purchase of a calendar number (cost $ 125).
Civil cases
Page 1 | Uncontested Cases — B. Pursuing a Judgment
An index number for an uncontested divorce costs $210.
In order properly to file, the plaintiff must fill out an index number purchase form; purchase an index number (cost $ 210); fill the index number in on the summons and the complaint or the summons with notice and add the date the index number was purchased.
Civil cases
Page 1 | Uncontested Cases — A. Commencement of an Action
Hard-copy filing fees may be paid by cash, certified check payable to the County Clerk, Visa/Mastercard/American Express credit card, or U.S. postal money order.
All fees must be paid by cash, certified check (payable to the County Clerk), credit card (Visa, Mastercard, or American Express), or U.S. postal money order.
Civil cases
Page 1 | A. Starting A Case
A Request for Judicial Intervention costing $95 must be filed through NYSCEF in an e-filed case or in paper in an authorized hard-copy case to obtain assignment of an IAS Justice.
To obtain the assignment of an IAS Justice to a case, a Request for Judicial Intervention (cost $ 95) must be filed, with NYSCEF in an e-filed case or in paper in an authorized hard-copy one.
Civil cases
Page 1 | C. Filing An RJI
A hard-copy filing requires an index-number purchase sheet and a $210 fee payable to the County Clerk's cashier, absent a poor-person order and except in foreclosure cases.
In a hard-copy case, the filing party obtains an index number by (i) completing an index number purchase sheet; and (ii) paying to the County Clerk's cashier a fee of $ 210 (absent a poor person order and except in foreclosure cases).
Civil cases
Page 1 | A. Starting A Case
A $210 NYSCEF index-number filing fee is required, except for foreclosure cases, and may be paid by Visa, Mastercard, or American Express credit or bank card.
Filing fees ($ 210 for an index number, except in foreclosure cases) must be paid through NYSCEF by Visa, Mastercard, or American Express credit or bank card.
Civil cases
Page 1 | A. Starting A Case
When a required fee is paid with an emergency hard-copy filing, the later NYSCEF submission should identify the payment and select “Fee Already Paid.”
If a fee is required upon the filing of the document in question, that fee will, of course, be paid when the emergency hard-copy filing is made. When the filer thereafter e-files the document, he or she should enter information in NYSCEF about the payment and select the option “Fee Already Paid.”
Page 3 | B. FILING OF PAPERS GENERALLY
No fee is payable for the Request for Judicial Intervention required to obtain an uncontested divorce.
Request for Judicial Intervention: Previously none was required, but one is required now (Uniform Rule 202.6 (b)), although there is no fee payable and the case will not be assigned to an IAS Justice.
Civil cases
Page 1 | Uncontested Cases — B. Pursuing a Judgment
Courtesy Copy Requirements
When a proposed order must be presented directly to a Part or Chambers, the attorney should also e-file it and deliver a working copy with the Confirmation Notice as directed.
If the court’s decision directs that a proposed order be presented directly to a Part or Chambers, the attorney should file it with NYSCEF and deliver a working copy to the Justice as directed, including the Confirmation Notice.
Page 6 | E. LONG FORM ORDERS/JUDGMENTS ON MOTIONS
Courtesy copies should not be submitted unless the court requests them, although working copies are required in some Parts for electronically filed cases.
Courtesy copies shall not be submitted unless requested by the court, but working copies are required in some Parts in electronically filed cases (see the court’s Protocol for e-filed cases on the website (www.nycourts.gov/supctmanh, under “E Filing”)).
Civil cases
Page 5 | MOTIONS — Rule 14, Motion Papers
Sealing & Redaction Procedures
To correct an electronically filed document containing confidential data or filed in error, notify the parties and non-party filers, request restricted status through NYSCEF, and file an order to show cause within five business days seeking temporary relief and correction; restricted status expires after five days unless extended by the required notification and order.
If a document that has been filed electronically is subsequently found to contain confidential data or otherwise to have been filed in error, the filer, another party, or an affected person may seek to correct the filing. Any filer, other party, or affected person, as the case may be, who wishes to seek correction must follow this procedure: (i) Notify the parties and any non-party filers of the confidentiality issue or other error raised by the filing and of his or her intention to seek judicial relief to correct the filing. A Notification of Confidentiality Issue or Error in Filing and Intent to Seek Judicial Relief (NYSCEF Form EF-24) may be used for this notification; and (ii) Following such notification, file with the County Clerk through NYSCEF a Request for Restricted Status (NYSCEF Form EF-25), asking that the County Clerk, in the exercise of his administrative discretion, place the document at issue in “Restricted” status on the NYSCEF site, meaning that the document shall be made available for viewing by court staff and the parties, but not by the general public. Such a restriction may only be effectuated by the County Clerk when able to do so during County Clerk business hours; and (iii) Within five (5) business days of the notification referred to in subparagraph (i), file by order to show cause, which must include a request for temporary relief limiting interim disclosure of the document, an application to correct the filing. (iv) Any document placed in restricted status in response to a request shall be returned to public view upon expiration of the five-day period, unless, upon the signing of the order to show cause, with TRO, a Notification of Order Extending Restriction (NYSCEF Form EF-26) is filed with a copy of the order to show cause, signed or conformed, attached.
Page 3 | B. FILING OF PAPERS GENERALLY
An order granting relief to correct a filing must be submitted to the County Clerk using the applicable notice form, with the sealing-order procedure using the NYSCEF sealing notification and a copy of the order.
If the application to correct the filing results in an order granting relief, that order must be brought to the attention of the County Clerk for action by means of a completed Notice to the County Clerk - CPLR § 8019 (c) (NYSCEF Form EF-22, available on the NYSCEF site), or, in the case of a sealing order, by e-filing a Notification for Sealing in Electronically Filed Case (NYSCEF Form EF-7) along with a copy of the order.
Page 4 | B. FILING OF PAPERS GENERALLY
An infant's compromise application must be filed through NYSCEF in redacted form, with an unredacted copy submitted for the Justice's action.
In the case of an infant’s compromise application, the papers shall be filed with NYSCEF in redacted form. An unredacted copy of the papers shall be submitted for action by the Justice.
Page 7 | G. EX PARTE APPLICATIONS
An infant's compromise order containing confidential personal information must be uploaded under seal.
Where an infant’s compromise order contains confidential personal information, it will be uploaded under seal.
Page 8 | G. EX PARTE APPLICATIONS
Counsel seeking to seal documents in NYSCEF must follow the specified procedures and obtain an order under Uniform Rule Part 216.
If counsel for a party seeks to have documents sealed in NYSCEF, specific steps, set forth below, must be taken and an order pursuant to Part 216 of the Uniform Rules obtained.
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Counsel and parties must comply with rules restricting disclosure of confidential personal information.
Regarding confidential personal information, see Uniform Rule 202.5 (e). It is the responsibility of counsel and parties to comply with rules restricting disclosure of confidential personal information.
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
The party seeking sealing is responsible for uploading the documents for which sealing is sought.
As indicated below, the uploading of documents sought to be sealed shall be the responsibility of the party.
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Failure to deliver the signed TRO and commencement documents to the County Clerk before e-filing will result in public viewing of the filings.
Failure to do so will subject any filings to public viewing.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
The same process should be followed if the applicant wishes an anonymous caption and/or a sealing order.
The same process should be followed if the applicant wishes an anonymous caption and/or a sealing order.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
In a pending e-filed case, counsel must move for a sealing order before sealing a document, portion of a document, or the case file.
To seal a document or the case file in a pending e-filed case or to file a document or portion thereof under seal in such a case, counsel must move for a sealing order.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Attorneys filing documents with the County Clerk or Court must omit or redact confidential personal information covered by Uniform Rule 202.5(e).
Attorneys filing documents with the County Clerk or the Court, including those that fall within a category of document that is, as explained in the Court’s Notice to the Bar on the Public Access Project, included in the Scroll (Supreme Court Records On-Line Library) Public Access Project system or that shall hereafter be so included, shall omit or redact from such documents confidential personal information as provided in Uniform Rule 202.5 (e).
Civil cases
Page 2 | I. RULES REGARDING THE PUBLIC ACCESS ON-LINE PROJECT (“SCROLL”) — Rule A-1
Except in the specified proceedings or as otherwise authorized by rule, law, or court order, parties must omit or redact confidential personal information from papers submitted for filing, regardless of whether a sealing order has been sought.
(1) Except in a matrimonial action, or a proceeding in surrogate's court, or a proceeding pursuant to article 81 of the mental hygiene law, or as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing.
Page 1 | Uniform Rule § 202.5(e) Omission or Redaction of Confidential Personal Information
NYSCEF screens filings for social security numbers and may restrict the affected portion or all of a document from public view.
Nevertheless, NYSCEF screens filings and endeavors to identify any that contain social security numbers. When such numbers are discovered through this process, NYSCEF will restrict portions of or all of such documents from public view.
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
Where NYSCEF has redacted what it believes to be a social security number, it will transmit to the filer a notice advising of the action taken and requesting that the filer review the matter and provide notification as set forth in the notice if the redaction has been made in error.
Where NYSCEF has redacted what it believes to be a social security number, it will transmit to the filer a notice advising of the action taken and requesting that the filer review the matter and provide notification as set forth in the notice if the redaction has been made in error.
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
An RJI should then be submitted by counsel and the matter will be referred to an IAS Justice for action on the full application.
An RJI should then be submitted by counsel and the matter will be referred to an IAS Justice for action on the full application.
Page 10 | K. REDACTION. SECURE DOCUMENTS AND SEALING
A party may seek an order for an anonymous caption or for initiating papers to be filed under seal pending a Justice's ruling.
A party may sometimes wish to obtain an order permitting a case to begin under an anonymous caption, or to file initiating papers under seal pending a ruling by a Justice directing the sealing of a file.
Civil cases
Page 1 | Anonymous Captions/Filing Under Seal
Counsel should carefully review the relevant procedures before filing documents for which confidential or sealed status is sought.
Counsel should not file documents for which they wish to obtain such confidential status without first carefully reviewing the cited information.
Civil cases
Page 1 | Anonymous Captions/Filing Under Seal
A party may request restricted Scroll access by a letter to the assigned Justice describing the document and reasons, or by directing the request to the Administrative Judge when no Justice is assigned.
A party or person who claims that the availability of a document in the Scroll Public Access Project system may cause harm to that party or person or who seeks to limit access in compliance with Rule A-1 may apply to the Court for a directive restricting access. Any such application shall be made as follows. If the case has been assigned to a Justice, a request shall be made to the Justice by letter describing the document as to which a restriction on access is sought and explaining the reasons why such a restriction is appropriate. If the case has not been assigned to a Justice, the party shall direct such a request to the Administrative Judge.
Civil cases
Page 2 | I. RULES REGARDING THE PUBLIC ACCESS ON-LINE PROJECT (“SCROLL”) — Rule A-2
An interested party may apply by letter to remove a posted Scroll document containing sensitive information whose accessibility causes harm.
An interested party or person may apply by letter to remove a document from the Scroll database if, notwithstanding these rules, a document is posted on the Public Access Project system that contains sensitive information access to which in this form causes harm to that party or person.
Civil cases
Page 2 | I. RULES REGARDING THE PUBLIC ACCESS ON-LINE PROJECT (“SCROLL”) — Rule A-2
A court order restricting Scroll access directs court staff not to add the document to Scroll or, if already posted, to delete it from the database.
Where the Court grants a request to limit access to a document in the Scroll Public Access Project system or issues a directive sua sponte, the directive shall take the form of an administrative direction to the staff of the Court that the document in question not be included in the Scroll system or, if already included therein, that it be deleted from the database.
Civil cases
Page 2 | I. RULES REGARDING THE PUBLIC ACCESS ON-LINE PROJECT (“SCROLL”) — Rule A-3
If the defendant appears in the consumer-credit action and denies responsibility for the identified account, the plaintiff may amend without leave of court to add the full account number or other confidential personal information by submitting the amended pleading with written notice for in camera review or filing it under seal under the chief administrator's rules.
In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by (i) submitting such amended paper to the court on written notice to defendant for in camera review or (ii) filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts.
Page 1 | Uniform Rule § 202.5(e) Omission or Redaction of Confidential Personal Information
The court may sua sponte or on any person's motion require removal or redaction of confidential personal information, narrowly seal affected papers, permit inclusion for good cause, require an unredacted sealed copy for in camera review, or determine that the information is not confidential.
(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers or a portion thereof containing CPI in accordance with the requirement of 22NYCRR §216.1 that any sealing be no broader than necessary to protect the CPI; for good cause permit the inclusion of CPI in papers; order a party to file an unredacted copy under seal for in camera review; or determine that information in a particular action is not confidential.
Page 1 | Uniform Rule § 202.5(e) Omission or Redaction of Confidential Personal Information
A filer who believes full confidential personal information is material and necessary may seek leave to file the information in abbreviated form together with a confidential affidavit or affirmation containing the unabbreviated information and appropriate page references.
(3) Where a person submitting a paper to a court for filing believes in good faith that the inclusion of the full confidential personal information described in subparagraphs (i) to (iv) of paragraph (1) of this subdivision is material and necessary to the adjudication of the action or proceeding before the court, he or she may apply to the court for leave to serve and file together with a paper in which such information has been set forth in abbreviated form a confidential affidavit or affirmation setting forth the same information in unabbreviated form, appropriately referenced to the page or pages of the paper at which the abbreviated form appears.
Page 1 | Uniform Rule § 202.5(e) Omission or Redaction of Confidential Personal Information
Previously filed documents with secure status retain that status unless the court directs otherwise.
Documents filed in the past in “secure status” under a procedure no longer in place will retain that status unless otherwise directed by the court
Page 9 | K. REDACTION. SECURE DOCUMENTS AND SEALING
The last four digits of relevant account numbers need not be redacted in actions arising from consumer credit transactions as defined by CPLR 105(f).
(4) The redaction requirement does not apply to the last four digits of the relevant account numbers, if any, in an action arising out of a consumer credit transaction, as defined in subdivision (f) of section one hundred five of the civil practice law and rules.
Page 1 | Uniform Rule § 202.5(e) Omission or Redaction of Confidential Personal Information
Adjournment & Extension Requirements
A Part 40 TR appearance date will not be adjourned except for a qualifying medical or comparably serious emergency, another case's jury being out, or a compliant affidavit or affirmation of actual engagement.
In view of the nature of the appearance and the fact that the Part 40 TR appearance date will have been fixed a significant time in advance with the concurrence of all counsel, no adjournments of that date shall be permitted except in the case of a medical emergency affecting an attorney or his or her client or other emergency of comparable gravity or where a jury is out in another case, or where an affidavit/affirmation of actual engagement is submitted in compliance with Part 125 of the Rules of the Chief Administrator.
Civil cases
Page 1 | 2) Administrative Coordinating Part (Part 40 TR) Jury Selection and Assignment for Trial
A City case's Part 40 TR City appearance will not be adjourned except under the limited circumstances specified in Section 2.
Adjournments will not be permitted except under the very limited circumstances set forth in Section 2 above.
Civil cases
Page 1 | 3) City Cases
After the final Transit Authority settlement conference, counsel must immediately notify all witnesses of the firm, non-adjournable trial date.
Immediately after the last conference, counsel must notify all witnesses, including expert witnesses, of the trial date fixed and of the fact that the trial date is a firm one that shall not be adjourned.
Civil cases
Page 1 | 4) Transit Cases
Unless the Basic Information provides otherwise, argument may be adjourned once for no more than 14 days for good cause, and the request must be made before the scheduled date, subject to any contrary court direction.
Unless provided otherwise in the Basic Information section: argument may be adjourned for good cause; there shall be only one adjournment, for no more than 14 days, unless otherwise directed by the court. A request for an adjournment shall be made prior to the scheduled date.
Civil cases
Page 6 | MOTIONS — Rule 15, Oral Argument; Adjournments
A stipulation of adjournment will not be honored unless the court approves it in advance.
Rule 26. Adjournments. No stipulations of adjournment will be honored without prior approval of the court.
Civil cases
Page 8 | MATRIMONIAL RULES — Rule 26. Adjournments.
E-filed applications may be adjourned in Room 130 when the request complies with Uniform Rule 202.8(e) and the Motion Submission Part Courtroom procedures.
E-filed applications may be adjourned in Room 130 if an adjournment complies with Uniform Rule 202.8 (e) and the procedures of the Motion Submission Part Courtroom
Page 5 | A. E-FILED CASES GENERALLY
E-filed applications may be adjourned in the Part when the request complies with the Part's procedures and local rules.
E-filed applications may be adjourned in the Part if an adjournment complies with the Part’s procedures (see the Uniform Rules of the Justices (Local Rules) on the court’s website).
Page 5 | A. E-FILED CASES GENERALLY
Counsel must notify all other counsel of the case of an intention to request an adjournment based on the stated grounds.
Notification of an intention to make a request for adjournment based on the foregoing shall be provided to all other counsel on the case.
Civil cases
Page 1 | 2) Administrative Coordinating Part (Part 40 TR) Jury Selection and Assignment for Trial
Counsel should not assume that a note-of-issue extension will be granted without good cause, even through a stipulation.
In light of Differentiated Case Management deadlines, counsel should not assume that extensions, even by stipulation, can be had without good cause.
Civil cases
Page 1 | A. Filing Of Notes Of Issue
Further adjournment of preliminary conferences and any adjournment of a compliance or pretrial conference requires court permission for good cause.
Further adjournment of preliminary conferences and adjournments of compliance and pretrial conferences will be allowed only with permission of the court for good cause.
Civil cases
Page 4 | Conferences and Discovery
Discovery deadlines must be strictly followed, and extensions require court permission for good cause shown unless the Basic Information section or the order provides otherwise.
Rule 8. Discovery Schedule. Strict compliance with all discovery orders is required. See Kihl v. Pfeffer, 94 N.Y.2d 118 (1999). Unexcused or unjustified failure to comply with deadlines fixed by the court, including those set out in Preliminary Conference Orders, may result in an award of costs, conditional or otherwise, or the imposition of another penalty authorized by CPLR 3126. Unless otherwise provided in the Basic Information section above or in the order, no extensions of deadlines set forth in a preliminary conference, compliance conference or other discovery order shall be allowed except with permission of the court for good cause shown.
Civil cases
Page 4 | Conferences and Discovery
The parties may adjourn a preliminary conference once for up to 21 days by filing a written stipulation with the Part Clerk by the scheduled conference date, without counsel appearing.
Rule 6. Adjournments of Conferences. Except as otherwise provided in the Basic Information section above or in Rule 26, adjournment of conferences will be allowed only as follows. The parties may adjourn any preliminary conference once for no more than 21 days, but only by submission of a written stipulation to the Part Clerk on or before the scheduled date thereof. Appearance by counsel is not required.
Civil cases
Page 4 | Conferences and Discovery
Room 130 adjournment requests are routinely granted unless they violate Uniform Rule 202.8(e) or Room 130 procedures.
Requested adjournments are routinely granted unless they are in violation of Uniform Rule 202.8 (e) or the procedures of Room 130.
Page 5 | A. E-FILED CASES GENERALLY
The Clerk generally processes adjournment requests by the motion's return date and otherwise as early as possible.
The Clerk will process adjournment requests by the return date, and as much before then as possible
Page 5 | A. E-FILED CASES GENERALLY
Absent problems, the Part will effectuate the adjournment without an appearance or further action by the parties.
Absent any problems, the Part will effectuate the adjournment without need for an appearance or any other action by the parties.
Page 5 | A. E-FILED CASES GENERALLY
Once properly submitted, the Office will effectuate the Room 130 adjournment without a party appearance or further action.
The Office will effectuate the adjournment without need for an appearance or any other action by the parties.
Page 5 | A. E-FILED CASES GENERALLY
The Clerk does not default motions and, before referring a motion to the assigned Justice, checks the NYSCEF docket for a filed stipulation of adjournment.
The Clerk does not “default” any motion, but at most will refer a file to the assigned Justice for such action as the Justice may find appropriate and will not do that without first having checked the NYSCEF docket to see if a stipulation of adjournment has been filed.
Page 5 | A. E-FILED CASES GENERALLY
Chambers Communication Rules
Before filing a motion over a post-filing discovery dispute, the aggrieved party must promptly notify the City Case DCM Program before the relevant deadline so a conference can be scheduled.
In the event any disclosure dispute arises after the discovery process begins, the party aggrieved shall promptly, prior to the deadline in question and before making a motion, inform the City Case DCM Program of the existence of the dispute. A conference will promptly be scheduled at a convenient date and time.
Civil cases
Page 1 | City Case Automated Differentiated Case Management — 3. Subsequent Disclosure Problems
An attorney with a problem concerning a City Case Scheduling Order should call the City Case DCM Program, which will schedule a conference to address it.
In the event that an attorney perceives a problem with the Case Scheduling Order, he or she should call the City Case DCM Program. A conference in court will be scheduled to address the matter.
Civil cases
Page 1 | City Case Automated Differentiated Case Management — 2. Setting a Disclosure Schedule in City DCM Cases
Counsel with an objection to a Motor Vehicle DCM Order or a subsequent discovery problem should contact the Motor Vehicle DCM Program so a conference can be arranged.
If a party has an objection to any aspect of the Order issued, or in the event that discovery problems arise thereafter, counsel should contact the Motor Vehicle DCM Program. A conference will be arranged to address such issues.
Civil cases
Page 1 | Motor Vehicle Automated Differentiated Case Management
The Commercial Division Support Office or Ex Parte Office reviews the NYSCEF-filed proposed order online and may contact the submitting attorney by email or phone about issues.
The Clerk of the Commercial Division Support Office or the Ex Parte Office will review online the proposed order filed with NYSCEF and will, as needed, communicate with the submitting attorney about any issues by e-mail or phone.
Page 6 | F. ORDERS TO SHOW CAUSE
Email the County Clerk E-Filing Department about New York County e-filed cases.
For Questions About New York County E-Filed Cases, Consult: COUNTY CLERK E-FILING DEPARTMENT Lupita Sosa 60 Centre Street, Room 141 B E-Mail: cc-nyef@nycourts.gov Phone: 646-386-3737 [procedural questions only]
Page 13 | For Questions About New York County E-Filed Cases, Consult
Call the Statewide Electronic Filing Resource Center for information about the NYSCEF application and to schedule training.
For Information About the NYSCEF Application Generally and To Schedule Training, Consult: NEW YORK STATE COURTS CHRISTOPHER GIBSON ELECTRONIC FILING Statewide Director of Electronic RESOURCE CENTER (STATEWIDE) Filing 25 Beaver Street, 9th Floor New York, New York 10004 MAUREEN ARDITI Phone: 646-386-3033 Deputy Director E-Mail: nyscef@nycourts.gov
Page 13 | For Information About the NYSCEF Application Generally and To Schedule Training, Consult
The County Clerk E-File Department provides an email address for electronic-filing assistance.
cc-nyef@nycourts.gov
Page 1 | For Help In E-Filed Cases In New York County
The County Clerk E-File Department phone number is available for procedural questions only.
646-386-3737 [procedural questions only]
Page 1 | For Help In E-Filed Cases In New York County