Judge Francis A. Kahn III
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order
Court-wide
Adjournments
- A preliminary or compliance conference may be adjourned once by consent for no more than 30 days, with an e-filed and emailed stipulation due at least 24 hours in advance; later requests require court approval or leave.
- A calendared conference may be adjourned only with the consent of all parties through a written stipulation submitted 24 hours in advance.
- A calendared motion may be adjourned only by written stipulation of all parties submitted 48 hours in advance, with no letters accepted; same-day requests must be made in person and late requests may be rejected.
- An MFP conference adjournment requires the consent of all parties, a written e-filed stipulation submitted 48 hours in advance, email to the referees, and e-filing with the court.
Communication
Clerk
Clerk
Phone
Phone
Court-widePhone
Court-wideClerk
Document Format Requirements5 rules
Each exhibit must have protruding exhibit tabs identifying the exhibit.
Memoranda of law must be separated from other papers.
Reference to any other voluminous exhibits annexed to a motion must include Bates stamps or other pinpoint citations noting the exact location within the exhibit.
Reference to any exhibit must include pinpoint citations to the exact page within the exhibit.
Each page in any exhibit must be numbered.
Document Filing Requirements6 rules
Citation to deposition testimony must include notation of page and line number in transcript.
Entire transcript must be provided not simply excerpts.
All exhibits electronically submitted must be described in the heading of the attached exhibit (e.g. Exhibit A – Bill of Particulars), so that it is known what document is filed in the exhibit.
At compliance conferences, counsel must bring a list of all outstanding discovery.
If there is a problem with a decision, please file an order with attorney affirmation and email the same to the part email address.
When all parties are present, please complete a stipulation or preliminary conference order with dates for completing discovery.
Filing & Service rules
Electronic Filing Rules
The agreed stipulation must be e-filed and emailed to the part clerk at least 24 hours before the conference.
A stipulation agreeing to the adjournment must be e-filed and a copy of the stipulation must be filed with the Part Clerk at least 24 hours in advance of the conference date by email at SFC-Part32-Clerk@nycourts.gov.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
A calendared-motion adjournment stipulation must be e-filed and delivered to the part clerk by hand or email.
The stipulation must be e-filed and either hand delivered or e-mailed to the Part Clerk at SFC-Part32-Clerk@nycourts.gov.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
An MFP conference adjournment stipulation must be written, e-filed, emailed to the referees, and e-filed with the court.
Requests for adjournment of MFP conferences must be made upon consent of all parties by written, e-filed stipulation 48 hours in advance and emailed to the referees and e-filed with the court.
Civil cases
Page 2 | II. FORECLOSURE RULES
Each electronically filed exhibit must receive its own document number, and combining documents into one PDF may result in summary denial of the motion.
Each e-filed document as an exhibit to an affirmation or affidavit must have its own respective document number (e.g., Doc #10, Notice of Motion). If documents are submitted as a single .pdf file, a motion may be summarily denied.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
An order to show cause must first be e-filed and processed by the Ex-Parte office to obtain a sequence number; parties must not contact the Part and may reach the Ex-Parte office at 646-386-3125.
All Order to Show Causes must be e-filed first then processed by the Ex-Parte office to obtain a sequence number and then sent over to the part. Do not contact the part. The Ex- Parte office can be reached at 646-386-3125. They will contact the part once the OSC is processed by them.
Civil cases
Page 4 | V. Order to Show Cause
A stipulation of discontinuance must be e-filed immediately when a matter is discontinued so the case can be marked accordingly.
If a matter is discontinued e-file a stip of discontinuance immediately so the case can be marked accordingly.
Civil cases
Page 4 | IV. ALL CONFERENCES
Questions or concerns may be addressed by e-filing a letter with the Court and emailing the same letter.
Contact the part clerk with any questions or concerns or e-file a letter to the court and email the same.
Civil cases
Page 4 | V. Order to Show Cause
Filing Timing and Cure Windows
The Court will not accept additional submissions after a motion is fully submitted.
After motions are fully submitted, the Court will not permit additional submissions.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
Letters concerning pending motions submitted after oral argument or submission will be returned to counsel.
Letters to the Court after oral argument or submission regarding sub judice motions will be returned to counsel.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
Once ordered, the clerk will immediately upload the order to show cause to NYSCEF.
Once the OSC is so ordered it will be uploaded to NYSCEF immediately by the clerk.
Civil cases
Page 4 | V. Order to Show Cause
A matter remains active until the court receives a stipulation of discontinuance.
Without a stip of discontinuance the matter will stay in the active posture until one is received.
Civil cases
Page 4 | IV. ALL CONFERENCES
Pre-Motion Conference Requirements
Counsel attending a conference must know the case and have authority to discuss and stipulate to resolve all discovery issues.
Counsel attending conferences shall be familiar with the case and have authority to discuss and stipulate to resolve all discovery issues.
Civil cases
Page 4 | IV. ALL CONFERENCES
Instead of filing a discovery motion, parties are encouraged to request a conference by e-filing a NYSCEF letter, although the Court may decline the conference.
If a discovery dispute arises, parties in lieu of filing a motion, are encouraged to request a conference by e-filing a letter on NYSCEF requesting a conference. Conferences will be granted at the Court’s discretion.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
The Court alone decides whether oral argument will be heard.
Oral argument is heard solely at the discretion of the Court.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
An order to show cause with a temporary restraining order is not automatically heard the same day unless the sale occurs that day, and the judge retains discretion over hearing and decision methods.
Just because an OSC has an TRO does not mean that it will be heard the same day unless the sale is the same day. The Judge will either give it a return date for oral argument, put it on submissions or decide it on the papers. Again, this is at the Judge’s discretion.
Civil cases
Page 4 | V. Order to Show Cause
A discovery motion may be calendared for a conference with the Court.
Discovery motions may be calendared for a conference with the Court.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
Adjournment & Extension Requirements
A calendared motion may be adjourned only by written stipulation of all parties submitted 48 hours in advance, with no letters accepted; same-day requests must be made in person and late requests may be rejected.
Requests for adjournment of a calendared motion must be made upon consent of all parties by written stipulation 48 hours in advance. No letters will be accepted. The stipulation must be e-filed and either hand delivered or e-mailed to the Part Clerk at SFC-Part32-Clerk@nycourts.gov. Requests for adjournment of a motion made on the day of oral argument must be made in person. Adjournments of a motion by stipulation received less than 24 hours in advance of the oral argument date may be rejected.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
A preliminary or compliance conference may be adjourned once by consent for no more than 30 days, with an e-filed and emailed stipulation due at least 24 hours in advance; later requests require court approval or leave.
A preliminary or compliance conference may be adjourned once on consent for no more than 30 days. A stipulation agreeing to the adjournment must be e-filed and a copy of the stipulation must be filed with the Part Clerk at least 24 hours in advance of the conference date by email at SFC-Part32-Clerk@nycourts.gov. Any adjournment by stipulation submitted less than 24 hours prior to the scheduled conference must be approved by the Court. Further adjournments require Court leave.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
An MFP conference adjournment requires the consent of all parties, a written e-filed stipulation submitted 48 hours in advance, email to the referees, and e-filing with the court.
Requests for adjournment of MFP conferences must be made upon consent of all parties by written, e-filed stipulation 48 hours in advance and emailed to the referees and e-filed with the court.
Civil cases
Page 2 | II. FORECLOSURE RULES
A calendared conference may be adjourned only with the consent of all parties through a written stipulation submitted 24 hours in advance.
Requests for adjournment of a calendared conference must be made upon consent of all parties by written stipulation 24 hours in advance.
Civil cases
Page 2 | II. FORECLOSURE RULES
Motion-submission-part adjournment requests must comply with the rules of that part.
Adjournment requests for motions returnable in the Motion Submission Part (Room 130) shall be made in accordance with the rules of that part which are available at: https://ww2.nycourts.gov/courts/1jd/supctmanh/motions_on_notice.shtml.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
Requests to adjourn an order to show cause must comply with rule I(A).
Requests for adjournments of orders to show cause shall be made in accordance with rule I(A) above.
Civil cases
Page 3 | III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
Motions pending in the Submissions Part are governed by that part's adjournment, scheduling, and withdrawal rules.
For all motions pending in the Submissions Part (60 Centre Street, Rm. 130), follow that part’s rules regarding adjournments, scheduling, and withdrawals.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Chambers Communication Rules
All adjournment requests must be directed to the part clerk rather than chambers.
Please do not communicate with chambers by any means concerning adjournments of all matters. ALL requests for adjournments are to be directed to the Part Clerk.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Adjournments of matters calendared in Part 32 must be confirmed with the part clerk by email.
Adjournments of matters calendared in Part 32 must be confirmed by contacting the Part Clerk by email.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
The part clerk and chambers must not be called for status updates or to inquire whether a decision has issued.
DO NOT call the Part Clerk or chambers for a status update or to ask whether a decision has been issued.
Civil cases
Page 2 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Ex parte communications with the judge, court attorneys, or part clerk are prohibited, and all parties must be included in any such communication.
No ex parte communications will be entertained under any circumstances. Do not call or e-mail the Judge, Court Attorneys, or Part Clerk without including all parties in the matter.
Civil cases
Page 2 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Only attorneys may place court-authorized calls to chambers, and all parties must be included before conferring with the judge or court attorney.
Calls to chambers specifically authorized by the Court may only be placed by attorneys. No law office employees, assistants or aides may call chambers. Please be sure all parties are on the line before conferencing with the Judge or Court Attorney.
Civil cases
Page 2 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Counsel who must appear elsewhere during a conference must notify the Part Clerk and all other parties and provide a reachable telephone number.
If during a conference, counsel must appear in another part, notify the Part Clerk and all other parties, and provide a telephone number at which you may be reached.
Civil cases
Page 4 | IV. ALL CONFERENCES
If there is a problem with a decision, please file an order with attorney affirmation and email the same to the part email address.
If there is a problem with a decision, please file an order with attorney affirmation and email the same to the part email address.
Civil cases
Page 4 | IV. ALL CONFERENCES
Questions or concerns may be directed to the Part Clerk, or a letter may be e-filed with the Court and emailed.
Contact the part clerk with any questions or concerns or e-file a letter to the court and email the same.
Civil cases
Page 4 | V. Order to Show Cause
The Ex-Parte office can be reached by phone at 646-386-3125 and will contact the Part after processing the order to show cause.
All Order to Show Causes must be e-filed first then processed by the Ex-Parte office to obtain a sequence number and then sent over to the part. Do not contact the part. The Ex- Parte office can be reached at 646-386-3125. They will contact the part once the OSC is processed by them.
Civil cases
Page 4 | V. Order to Show Cause
A party may email a copy of the stipulation of discontinuance to the Part Clerk at the stated address.
You may also email a copy of the stip to the part clerk at sfc.part32-clerk@nycourts.gov.
Civil cases
Page 4 | IV. ALL CONFERENCES
Judge Kahn has no law clerks; questions and concerns should be directed to the part clerk by e-filed letter and email to the clerk's listed address.
Please note Judge Kahn does not have any Law Clerks. Contact the part clerk with any questions or concerns or e-file a letter to the court and email the same to sfc-part32-clerk@nycourts.gov.
Civil cases
Page 1 | I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS