Judge Ilana J. Marcus
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order
Court-wide
Adjournments
- If consent is withheld for a courtroom-appearance adjournment, the requesting attorney may submit an affirmation, or a pro se party may submit a letter, stating the reason and detailing consent efforts.
- A courtroom-appearance adjournment request supported by all parties must include a fully executed stipulation stating the reason.
- Before seeking a courtroom-appearance adjournment from the court, the requesting attorney must first seek consent from all adversaries.
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Request must include
- An adjournment request must be made at least two business days before the scheduled appearance.
Communication
Clerk
Clerk
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideClerk
Document Filing Requirements1 rule
15. All motions for summary judgment shall be made no more than 120 days after the filing of the note of issue. A memorandum of law is required for all motions for summary judgment.
Filing & Service rules
Electronic Filing Rules
Correspondence to the court and documents requiring the judge’s signature must be electronically filed and separately emailed to the Part Clerk because NYSCEF upload does not notify Chambers.
Chambers is not notified when correspondence is uploaded to NYSCEF. All correspondence to the court or documents requiring Justice Marcus’ signature (e.g., proposed orders, stipulations, or transcripts to be “so-ordered”), must be electronically filed and emailed to the Part Clerk at SFC-Part5-Clerk@nycourts.gov.
Page 1 | General
All adjournment requests shall be electronically filed via NYSCEF and emailed to the Part Clerk at SFC-Part5-Clerk@nvcourts.gov. All parties must be included in the email to the Part Clerk.
All adjournment requests shall be electronically filed via NYSCEF and emailed to the Part Clerk at SFC-Part5-Clerk@nvcourts.gov. All parties must be included in the email to the Part Clerk.
Page 2 | Adjournments
Courtroom-appearance adjournment requests must be filed through NYSCEF and emailed to the Part Clerk with all parties included.
All adjournment requests shall be electronically filed via NYSCEF and emailed to the Part Clerk at SFC-Part5-Clerk@nycourts.gov. All parties must be included in the email to the Part Clerk.
Page 2 | Adjournments
A fully executed stipulation requesting a consented motion-submission appearance adjournment must be filed through NYSCEF.
To request an adjournment with consent of all parties, file a fully executed stipulation that states the reason for the request to NYSCEF.
Page 2 | Adjournments
To withdraw a fully submitted Part 5 motion, electronically file a withdrawal stipulation or letter in NYSCEF and immediately email the Part Clerk.
20. To withdraw a fully submitted motion that is pending in Part 5 (whether or not oral argument has been scheduled), electronically file a stipulation or letter withdrawing the motion to NYSCEF and advise the Part Clerk immediately by email to SFC-Part5- Clerk@nycourts.gov.
Page 3 | Motion Practice
Counsel and pro se parties are responsible for monitoring eCourts and are encouraged to utilize the eTrack case tracking service to track their cases.
Counsel and pro se parties are responsible for monitoring eCourts and are encouraged to utilize the eTrack case tracking service to track their cases.
Page 1 | General
Part 5 is paperless, and hard copies of electronically filed motions are not required.
16. Part 5 is a paperless part. Hard copies of electronically filed motions are not required.
Page 3 | Motion Practice
Filing Timing and Cure Windows
Summary-judgment motions must be filed within 120 days after the note of issue is filed.
15. All motions for summary judgment shall be made no more than 120 days after the filing of the note of issue.
Page 3 | Motion Practice
Service and Proof of Service Rules
Notices of court appearances are provided through the New York State Unified Court System’s eCourts website.
Notice of court appearances is provided by the New York State Unified Court System’s eCourts website, accessible at https://iapps.courts.state.ny.us/webcivil/FCASMain.
Page 1 | General
Pre-Motion Conference Requirements
A request for judicial intervention must be made by motion or on the record during a courtroom appearance.
All requests for judicial intervention must be made by motion or on the record during a courtroom appearance.
Page 1 | General
Parties must meet and confer regarding every discovery dispute under the applicable Uniform Civil Rules.
Parties shall meet and confer regarding all discovery disputes, as set forth in the Uniform Civil Rules for the Supreme Court & the County Court.
Page 2 | Motion Practice
If a discovery dispute remains unresolved after meet and confer, a party must email the Part Clerk to request a conference with the court before filing a discovery motion.
If the dispute cannot be resolved by a meet and confer, the parties are directed to contact the Part Clerk by email to SFC- Part5-Clerk@nycourts.gov to request a conference with the court before filing a discovery motion.
Page 2 | Motion Practice
The DCM Clerk will issue a scheduling order or schedule a preliminary conference based on the RJI filing date.
A Case Scheduling Order will be issued, or a Preliminary Conference will be scheduled, by the DCM Clerk based on the date the Request for Judicial Intervention (“RJI”) was filed.
Page 2 | Motion Practice
Discovery conferences in the City Part are scheduled by the DCM rather than the individual assignment parts.
Discovery conferences for cases in the City Part are scheduled by the Differentiated Case Management Part (“DCM”), not by the individual assignment parts.
Page 2 | Motion Practice
To the maximum extent possible, discovery disputes should be resolved informally through conferences rather than motion practice.
To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice (22 NYCRR § 202.20-f la]).
Page 2 | Motion Practice
Adjournment & Extension Requirements
An adjournment request must be made at least two business days before the scheduled appearance.
Requests to adjourn any appearance must be made at least two business days before the scheduled appearance.
Page 1 | Adjournments
A courtroom-appearance adjournment request supported by all parties must include a fully executed stipulation stating the reason.
If the request is made with the consent of all parties, it must be submitted by a fully executed stipulation stating the reason for the request.
Page 2 | Adjournments
Before seeking a courtroom-appearance adjournment from the court, the requesting attorney must first seek consent from all adversaries.
The requesting attorney shall first contact all adversaries to seek their consent before contacting the court.
Page 2 | Adjournments
A consented motion-submission appearance adjournment must be requested through NYSCEF by filing a fully executed stipulation stating the reason.
To request an adjournment with consent of all parties, file a fully executed stipulation that states the reason for the request to NYSCEF.
Page 2 | Adjournments
If consent is withheld for a courtroom-appearance adjournment, the requesting attorney may submit an affirmation, or a pro se party may submit a letter, stating the reason and detailing consent efforts.
If all parties do not consent, the requesting party may submit an attorney affirmation (or, for self-represented parties, a letter) in lieu of a stipulation. The affirmation or letter must state the reason for the request and describe in detail all attempts made to obtain consent.
Page 2 | Adjournments
For an unconsented motion-submission appearance adjournment, an attorney affirmation or a pro se party’s letter may replace a stipulation.
If all parties do not consent to the request, an attorney affirmation or letter (for pro se parties only) may be submitted in lieu of a stipulation.
Page 2 | Adjournments
Chambers Communication Rules
The Part and Chambers must not be contacted by phone or email for substantive litigation inquiries, and judicial intervention must be requested by motion or on the record in court.
Parties shall not contact the Part or Chambers by phone or email with substantive ligation inquiries. All requests for judicial intervention must be made by motion or on the record during a courtroom appearance.
Page 1 | General
Chambers and the Part must not be called regarding adjournments.
DO NOT CALL CHAMBERS OR THE PART REGARDING ADJOURNMENTS.
Page 1 | Adjournments
The former SFC-Part5 email address is no longer monitored, and the Part Clerk must be contacted at SFC-Part5-Clerk@nycourts.gov.
The email address SFC-Part5@nycourts.gov will no longer be monitored by the Court. The Part Clerk can be contacted at SFC-Part5-Clerk@nycourts.gov.
Page 1 | General
Parties must immediately email the Part Clerk when a case, claim, or pending motion is settled or resolved.
Parties shall immediately notify the Part Clerk by email to SFC-Part5-Clerk@nycourts.gov of the settlement or resolution of any case, claim, or pending motion.
Page 1 | General
Court correspondence and documents requiring judicial signature must also be emailed to the Part Clerk.
All correspondence to the court or documents requiring Justice Marcus’ signature (e.g., proposed orders, stipulations, or transcripts to be “so-ordered”), must be electronically filed and emailed to the Part Clerk at SFC-Part5-Clerk@nycourts.gov.
Page 1 | General
The email notifying the Part Clerk of a courtroom-appearance adjournment request must include all parties.
All parties must be included in the email to the Part Clerk.
Page 2 | Adjournments
Before filing a discovery motion, an unresolved dispute must be raised by email to the Part Clerk with a request for a conference with the court.
If the dispute cannot be resolved by a meet and confer, the parties are directed to contact the Part Clerk by email to SFC- Part5-Clerk@nycourts.gov to request a conference with the court before filing a discovery motion.
Page 2 | Motion Practice
A motion-submission appearance adjournment request that seeks a return date more than 60 days after the initial date or lacks consent must be emailed to the Part Clerk with all parties included.
Requests to adjourn the return date more than 60 days after the initial return date or not on consent must also be emailed to the Part Clerk at SFC-Part5-Clerk@nvcourts.gov and all parties must be included in the email to the Part Clerk.
Page 2 | Adjournments
Requests for courtroom audiovisual-equipment setup must be emailed to the Part Clerk at the stated address.
24. All requests to set up audiovisual equipment in the courtroom shall be directed to the Part Clerk at SFC-Part5-Clerk@nycourts.gov.
Page 3 | Trials/Evidentiary Hearings