Judge Gerald Lebovits
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order
Court-wide
Adjournments
- The court discourages adjournment of orders to show cause.
- The parties may request a conference adjournment by email to the Part Clerk and should state the basis for the request.
- Court-scheduled trial dates are firm and may be adjourned only by application based on an emergency.
- +1 more
Request must include
Communication
Clerk
Phone
Chambers
Phone
Clerk
Phone
Chambers
Phone
Court-widePage & Word Limits1 rule
a trial memorandum not to exceed five pages
- Trial memorandum
- Up to 5 pages
Document Format Requirements2 rules
Proposed jury charges and verdict sheets must be submitted simultaneously in Word to Mr. Shawhan at mhshawha@nycourts.gov and to opposing counsel.
- File type
- Word
- Jury charges
- Verdict sheet
Conference orders may be filled out electronically, or completed by hand and then scanned. If hand-writing the order, please write legibly.
- Conference order
Formatting
- •Handwritten orders must be legible
Document Filing Requirements19 rules
Each exhibit must be numbered.
The first page of every motion paper (notice of motion, opposition, reply, exhibits, etc.) must reflect the applicable motion sequence number.
- Document
- Motion
- Placement
- First page
The NYSCEF docket entry for every e-filed exhibit must describe the document contained in the exhibit.
Court's wording
All e-filed exhibits must be described in the exhibit’s docket entry (e.g., Exhibit A, Bill of Particulars; Exhibit B, Photographs) to allow the court to ascertain what document is filed in the exhibit.
References to exhibits must identify the exhibit’s NYSCEF docket number and the exact page being cited within the exhibit.
If the court has set a motion deadline longer than 60 days after the note of issue, or granted an extension of a 60-day deadline, counsel’s affirmation in support must include the governing motion deadline and state when the court set a longer deadline or granted an extension.
Counsel’s affirmation in support must include the note of issue filing date.
- Document
- Affirmation in support
Must include
- •The note of issue filing date
Any party seeking interim relief within an OSC must provide advance notice to the adversary or explain why advance notice was not provided, as required by 22 NYCRR 202.7 (f).
All motions in limine must be presented in writing to the court as soon as practicable or as specifically scheduled at any pretrial conference, with a copy to all parties.
Before the start of trial, the parties must furnish all in-limine or other motions and applications.
2. In a Preliminary Conference form, all items must be completed or marked “n/a” if not applicable.
At the first court appearance, each party must furnish the specified trial-preparation materials, including proposed witnesses, trial-day estimates, pleadings, decisions, notices to admit, EBT excerpts, a five-page trial memorandum, and two business cards per attorney.
Court's wording
Upon the first appearance before this court, the parties must furnish a list of proposed witnesses, including the need for any interpreters, with the required language and dialect; an estimate of required trial days; all marked pleadings and bills of particulars; all decisions in the case, including any appellate decisions; any notices to admit; copies of those portions of EBTs intended for use at trial for any purpose; a trial memorandum not to exceed five pages briefly setting forth the party’s position and the relevant factual and legal issues to be tried, citing relevant case law; and two business cards for each attorney.
Any motion or application must include citations to relevant authority.
It is the duty of counsel, not court personnel, to ensure all subpoenaed documents have arrived in the subpoenaed records room at 60 Centre Street.
If a PJI instruction is not verbatim or requires characterizing or describing the evidence or the parties’ contentions, or if the language is not based on the PJI, the exact requested language, together with the authority for it, must be submitted.
4. The order as submitted to the court should include a proposed date for the next conference and, if necessary, a proposed extension of the note-of-issue deadline.
3. Use firm cut-off dates, such as “on or before December 31, 2023.” Do not use “within 45 days.” Counsel will be held to the dates to which they commit.
If the proposed jury instructions are taken verbatim from the Pattern Jury Instructions, PJI section numbers suffice.
Parties are strongly encouraged to have the court stenographer premark all exhibits for identification or evidence if without objection.
To avoid confusion or miscommunication among the court and counsel, the parties should work from the most recent PJI edition when proposing jury instructions.
Filing & Service rules
Electronic Filing Rules
After a motion is withdrawn or a case ends, all affected parties must execute and e-file a stipulation, and the filing party must promptly notify the Part Clerk by email.
If a motion has been withdrawn or the case has been settled or otherwise discontinued, e-file a stipulation executed by all affected parties and notify the Part Clerk promptly by email.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
To withdraw a motion after it leaves the Submissions Part, counsel must immediately inform the Part Clerk and e-file a stipulation executed by all affected parties.
To withdraw a motion after the motion leaves the Submissions Part, inform the Part Clerk immediately and e-file a stipulation executed by all affected parties.
Civil cases
Page 2 | IV.A. General
Part 7 operates through e-filing, and working hard copies are neither required nor permitted.
Part 7 is an e-filing part. Working (hard) copies in e-filed cases are neither required nor permitted.
Civil cases
Page 2 | IV.A. General
Proposed orders to show cause should be electronically filed whenever electronic filing is permitted.
Proposed OSCs should be e-filed in all cases in which e-filing is permitted.
Civil cases
Page 3 | IV.B. Orders to Show Cause
Filing Timing and Cure Windows
Parties that file an adjournment stip on the return date should check eCourts to make sure that the motion has been adjourned pursuant to the stip. If not, the parties should contact the Part Clerk to ask the court to refrain from deciding the motion until the return date agreed to by the parties.
Parties that file an adjournment stip on the return date should check eCourts to make sure that the motion has been adjourned pursuant to the stip. If not, the parties should contact the Part Clerk to ask the court to refrain from deciding the motion until the return date agreed to by the parties.
Civil cases
Page 2 | IV.A. General
After motions are fully submitted, parties may file further submissions only with court leave, requested by email to chambers with copies to all parties; such filings are strongly discouraged.
Once motions are fully submitted, parties may not file further submissions without leave of court (to be requested by email to chambers with copies to all parties). Post-submission filings are strongly discouraged.
Civil cases
Page 2 | IV.A. General
A summary-judgment motion ordinarily must be filed within 60 days after the note of issue is filed, unless the court sets another deadline or grants an extension.
Summary-judgment motions must be made no later than 60 days after filing the note of issue unless the court has set a different deadline by order or has granted a request to extend the original 60-day deadline.
Civil cases
Page 3 | IV.E. Summary-Judgment Motions
Except in exigent circumstances, the court will not act on a proposed order to show cause until the Ex Parte Office completes its form review and provides the order to the Part.
After proposed OSCs have been filed, they are reviewed for form by the Ex Parte Office before they are provided to the Part. Absent exigent circumstances, the court will not sign or otherwise act on an OSC prior to receiving it from the Ex Parte Office following that office’s review for form.
Civil cases
Page 3 | IV.B. Orders to Show Cause
Parties must comply with deadlines and orders in preliminary, compliance, and status conference orders, and noncompliance may result in penalties.
5. This Part requires compliance with court-ordered deadlines set forth in the preliminary/compliance/status conference order(s). Failure to adhere to deadlines or to comply with orders may result in penalties.
Civil cases
Page 5 | V. Conferences
Filing Bundling Requirements
Counsel should not combine all motion papers in one PDF under one document number, and each e-filed document must receive its own docket number.
Counsel should not submit all papers on a motion in a single .pdf file under a single document number. Each e-filed document must have its own, respective document number (e.g., Doc # 15, Notice of Motion; Doc#16, Memorandum of Law; Doc#17, Attorney Affirmation; Doc#18, Affidavit of Facts; Doc#19, Exhibit A, Bill of Particulars; and Doc #20, Exhibit B, Photographs).
Civil cases
Page 2 | IV.A. General
If the motion is supported by a memorandum of law, the memorandum should precede the attorney affirmation and attached exhibits.
If the motion is supported by a memorandum of law, the memorandum should precede the attorney affirmation and attached exhibits.
Civil cases
Page 2 | IV.A. General
Pre-Motion Conference Requirements
Discovery continues while a CPLR 3212 or CPLR 3213 motion is pending unless the court orders otherwise.
Disclosure must continue while a CPLR 3212 or CPLR 3213 motion is pending, unless the court specifically directs otherwise.
Civil cases
Page 3 | IV.E. Summary-Judgment Motions
The court discourages filing discovery or disclosure motions.
Disclosure motions are discouraged.
Civil cases
Page 3 | IV.D. Disclosure Motions
Adjournment & Extension Requirements
A witness’s unavailability alone will not justify an adjournment unless the court finds rare good cause.
No adjournments will be granted if a witness is unavailable to testify unless the court concludes, in rare instances, that good cause exists.
Civil cases
Page 5 | VI.A. General Trial Procedure
Court-scheduled trial dates are firm and may be adjourned only by application based on an emergency.
Trial dates scheduled by the court are firm and may be adjourned only upon application based upon an emergency.
Civil cases
Page 5 | VI.A. General Trial Procedure
The parties may request a conference adjournment by email to the Part Clerk and should state the basis for the request.
If the parties believe that an adjournment of the conference is needed, the parties may request an adjournment by email to the Part Clerk. Adjournment-related emails to the Part Clerk should specify the basis for the adjournment (e.g., no conference instructions were received; a party is having difficulty contacting opposing counsel; the parties need more time to confer on the terms of the order; a discovery motion is pending; etc).
Civil cases
Page 4 | V.A. General
The court discourages adjournment of orders to show cause.
Adjournment of OSCs is discouraged.
Civil cases
Page 3 | IV.B. Orders to Show Cause
Chambers Communication Rules
Scheduling questions and adjournment requests should initially be directed to the Part Clerk by telephone or email rather than to chambers.
Questions about scheduling matters or requests for adjournments should be directed first to the Part Clerk (whether by telephone or email), rather than to chambers.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
Ex parte communications are prohibited, and any email to chambers must copy every party who has appeared.
No ex parte communications. Emails to chambers must copy all parties who have appeared in the action.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
Ex parte communications are prohibited, and chambers calls beyond brief administrative or logistical matters must include all parties.
No ex parte communications. Emails to chambers must copy all parties who have appeared in the action. Calls to chambers on any matter beyond brief administrative/logistical questions should be made only with all parties on the line.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
A party that uploads a document requiring court or Part Clerk attention must notify the Part Clerk by email because those offices do not receive NYSCEF notifications.
Neither the Part Clerk nor chambers receives NYSCEF notifications when the parties e-file documents. If you have uploaded a document that requires the attention of the court or the Part Clerk, notify the Part Clerk by email.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
After filing the required executed stipulation for a withdrawal or case disposition, the filing party must promptly notify the Part Clerk by email.
If a motion has been withdrawn or the case has been settled or otherwise discontinued, e-file a stipulation executed by all affected parties and notify the Part Clerk promptly by email.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
Counsel seeking to withdraw a motion after it leaves the Submissions Part must immediately inform the Part Clerk.
To withdraw a motion after the motion leaves the Submissions Part, inform the Part Clerk immediately and e-file a stipulation executed by all affected parties.
Civil cases
Page 2 | IV.A. General
A party that uploads a document requiring court attention, including a stipulation to be so ordered, must telephone or email the Part Clerk.
Please call or email the Part Clerk if you have uploaded a document that requires the court’s attention, such as a stipulation you are requesting to be so-ordered.
Civil cases
Page 2 | IV.A. General
A request for leave to make a further submission after full submission must be emailed to chambers with copies to all parties.
Once motions are fully submitted, parties may not file further submissions without leave of court (to be requested by email to chambers with copies to all parties). Post-submission filings are strongly discouraged.
Civil cases
Page 2 | IV.A. General
Counsel may email chambers, copying all parties, to seek guidance or request a conference, but email litigation is disfavored.
Counsel may, if necessary, contact chambers by email (copying all parties) to seek guidance on an issue or to request a conference. But litigation by email is disfavored.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
Parties may not contact chambers or the Part Clerk to request oral argument after a motion is fully submitted; the court decides whether argument is warranted.
After motions are fully submitted in the Submissions Part, they are forwarded to Part 7. The court will then decide whether oral argument is warranted. (See Section IV.A, below.) Do not contact chambers or the Part Clerk to request oral argument.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
The court should not be copied on correspondence directed only to opposing counsel.
Do not copy the court on letters or emails directed only to opposing counsel.
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
Parties may not telephone the Part Clerk for a status update or to ask whether a decision has issued because decisions and orders are available through NYSCEF or SCROLL.
Do not call the Part Clerk or chambers for a status update or to ask whether a decision has been issued. All decisions and orders are available online (via NYSCEF or SCROLL).
Civil cases
Page 1 | II. Communications with Chambers and the Part Clerk
A party may request an expedited telephone conference about a disclosure dispute, but the court will grant and conduct the conference only at its discretion.
If a disclosure dispute arises, a party may, instead of filing a motion, request an expedited conference by calling or emailing the Part Clerk or chambers. Conferences requested on an expedited basis will be granted only at the court’s discretion. Expedited conferences, when held, will be conducted by telephone.
Civil cases
Page 3 | IV.D. Disclosure Motions
The parties should request a conference by emailing the Part Clerk and should identify and briefly describe the issue for which conference assistance is sought.
If the parties believe that a conference with the court is required, they should notify the court by email to the Part Clerk. That email should identify and briefly describe the nature of the disagreement or other issue that the parties believe warrants a conference.
Civil cases
Page 4 | V.A. General
If conference materials have not arrived, parties should first check appearances on NYSCEF and then email the Part Clerk for guidance.
If the conference date appearing on eCourts is approaching and the parties believe they have not received a conference-order form/instructions, they should email the Part Clerk to request guidance—after double-checking that no email was received by the attorney(s) with appearances entered on NYSCEF in the case.
Civil cases
Page 4 | V.A. General
The parties should confer, agree on a proposed conference order to the extent possible, and email it to the Part Clerk for court review no later than three days before the conference.
Upon receiving the order form/instructions, the parties should confer with each other; to the extent possible, agree on the terms of a proposed conference order; and email the joint proposed order back to the Part Clerk for the court’s review no later than three days prior to the scheduled conference date.
Civil cases
Page 4 | V.A. General
If the parties agree before the status conference that discovery is complete, the plaintiff should file the note of issue and notify the Part Clerk by telephone or email.
If the parties agree before a scheduled status conference that disclosure is complete, the plaintiff should file the note of issue and notify the Part Clerk by telephone or email.
Civil cases
Page 4 | IV.F. Note of Issue
Questions about electronic filing of proposed orders to show cause should be directed by telephone to the Ex Parte Office at 646-386-3125.
Any questions about e-filing of OSCs should be directed to the Ex Parte Office at 646-386-3125.
Civil cases
Page 3 | IV.B. Orders to Show Cause
The conference-order form and instructions are emailed to counsel with NYSCEF appearances, who are reminded to keep their appearances and email addresses current.
The order form and instructions will be emailed to those counsel who have filed appearances on NYSCEF. Counsel are reminded to keep current their NYSCEF appearances and email addresses.
Civil cases
Page 4 | V.A. General
Approximately seven to ten days before a scheduled conference, the Part Clerk will send the parties a blank conference-order form and instructions.
Approximately 7-10 days in advance of the scheduled conference date, the Part Clerk will send the parties a blank conference-order form and instructions.
Civil cases
Page 4 | V.A. General
Discovery conferences will be conducted by telephone when they occur.
Discovery conferences, when they occur, will be conducted by telephone.
Civil cases
Page 4 | V.A. General
After reviewing the parties’ email, the court will decide whether a telephone conference is needed or whether the issue can be resolved by email.
Upon reviewing that email, the court will decide whether a telephonic conference is required or whether the disagreement can be resolved by email alone.
Civil cases
Page 4 | V.A. General
Questions about when a matter will be sent out for trial should be emailed to SFC-Part40-Clerk@nycourts.gov, not the Part 7 Part Clerk or chambers.
Questions about when a matter will be sent out for trial should be directed to SFC-Part40-Clerk@nycourts.gov, rather than to the Part 7 Part Clerk or chambers.
Civil cases
Page 5 | VI. Trials