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Court Rules
Judge

Judge Jennifer G. Schecter

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, New York County

Limits & Logistics

Document Limits

Joint Letter
2 pgs
Brief
7,000 wds
Memorandum of LawCourt-wide
30 pgs

Courtesy Copies

Motion

  • 1 copy

Proposed Order

Court-wide

Adjournments

2Business Daysnotice
  • Court permission for an adjournment of a scheduled appearance ordinarily must be obtained at least two business days in advance, but emergencies are excepted.

Communication

Phone

Clerk

(646) 386-3362
Phone

Chambers

SchedulingEmergencies
Email

Clerk

Status InquiriesEmergencies
Phone
Court-wide
646-386-3033
Technical Issues
Phone
Court-wide
646-386-3682
Scheduling
Phone
Court-wide
646-386-3687
Scheduling
Filters:

Page & Word Limits3 rules

Page LimitsMandatory

Unless otherwise directed, letters shall have a 3-page limit.

Practices in Part 54 · Jun 2021 · p. 4
|SectionCOMMUNICATIONS WITH THE COURT — Authorized Letters
Page LimitsMandatory

The joint letter submitted before the PC is limited to two pages.

Joint letter
Up to 2 pages

Court's wording

Prior to the PC, the parties must e-file and email the assigned law clerk a joint letter, not to exceed two pages, that includes a summary of the relevant factual background, the causes of action, affirmative defenses and counterclaims, the status of discovery, and the status of any motions.

Page LimitsMandatory

Opening and opposition briefs are limited to 7,000 words, reply briefs to 4,200 words, and affidavits and affirmations to 7,000 words; counsel must certify compliance.

Opening brief
Up to 7,000 words
Opposition brief
Up to 7,000 words
Reply brief
Up to 4,200 words
Affidavit
Up to 7,000 words
Affirmation
Up to 7,000 words

Court's wording

Briefs and memoranda of law must comply with the requirements set forth in Commercial Division Rule 17, including word limits (7,000 for opening and opposition briefs, 4,200 for reply briefs, and 7,000 for affidavits and affirmations) and certifications of compliance by counsel.

Document Format Requirements11 rules

FormattingMandatory

All e-filed documents must be OCR Text Searchable PDFs.

File type
PDF
FormattingMandatory

For stipulations to be so-ordered, the email must also include an EXECUTED Microsoft Word version (electronic signatures are permitted).

Applies to
  • Stipulation

Formatting

  • Electronic signatures are permitted
FormattingMandatory

For proposed orders, the email must include a Microsoft Word version.

FormattingMandatory

All document production must be electronic, searchable, and bates-stamped; hard-copy, non-searchable PDF, or unstamped production may be ordered redone.

Formatting

  • Electronic production
  • Searchable documents
  • Bates-stamped documents

Court's wording

Details related to the manner of document production will be discussed at the PC. However, all production must be electronic, searchable and bates-stamped. A party that produces hard copy documents, non-searchable PDFs or documents without bates stamps will be ordered to re-produce its materials.

FormattingMandatory

As noted earlier, briefs, exhibits and all other motion papers that are e-filed must be OCR Text Searchable.

Applies to
  • Brief
  • Exhibits
  • Motion papers

Formatting

  • OCR text searchable
FormattingMandatory

Motion sequence numbers shall appear in bold on the front page of ALL papers related to any motion or cross-motion, except exhibits.

FormattingMandatory

If the court requires hard copies, each hard-copy volume of exhibits MUST be separated by exhibit tabs and include a cover page containing the motion sequence number.

FormattingImportant

For an unopposed application, parties should email the assigned law clerk both an executed Word version of the e-filed stipulation and its filing confirmation receipt.

File type
Word
Applies to
  • Stipulation

Court's wording

Unopposed applications accompanied by an executed Word version of an e-filed stipulation consenting to the relief sought (such as consolidation, admission pro hac vice or an open commission) should be emailed to the assigned law clerk along with the e-filing confirmation receipt.

FormattingImportant

An e-filed exhibit PDF should begin with the first page of the exhibit rather than a blank exhibit-cover page.

File type
PDF
Applies to
  • Exhibits

Formatting

  • The first page must not be a blank page stating "Exhibit ."

Court's wording

The first page of the e-filed PDF should NOT be a blank page that states “Exhibit __.” For instance, if Exhibit A is a contract, the first page of the contract should be the first page of the e-filed PDF.

FormattingImportant

The court will notify the parties if hard copies will be required.

Practices in Part 54 · Jun 2021 · p. 11
|SectionTRIALS & PRE-TRIAL CONFERENCES
FormattingNote

For the avoidance of doubt, there is no need to attach a Word version of documents that do not need to be signed by the court (i.e., PDFs of letters are sufficient).

File type
PDF
Applies to
  • Letter

Document Filing Requirements22 rules

Filing RequirementsMandatory

A request for pro hac vice admission, whether made by motion or stipulation, shall be accompanied by a proposed order and an affidavit in support from a member of the Bar of the State of New York, an affidavit of the applicant and a recent certificate of good standing from the applicant. The proposed order shall conform to the order that appears after these rules.

Document
Pro hac vice request

Must include

  • Proposed order
Filing RequirementsMandatory

The court DOES NOT require Commercial Division Rule 24 letters, no such letters are permitted unless otherwise directed by the court, and parties DO NOT need leave prior to filing a dispositive motion (such as pre-NOI partial summary judgment motions).

Practices in Part 54 · Jun 2021 · p. 4
|SectionCOMMUNICATIONS WITH THE COURT — Authorized Letters
Filing RequirementsMandatory

The joint letter must summarize the factual background, causes of action, affirmative defenses and counterclaims, discovery status, and motion status.

Court's wording

Prior to the PC, the parties must e-file and email the assigned law clerk a joint letter, not to exceed two pages, that includes a summary of the relevant factual background, the causes of action, affirmative defenses and counterclaims, the status of discovery, and the status of any motions.

Filing RequirementsMandatory

A memorandum of law with a table of contents and table of authorities must accompany every motion (except for relatively minor motions such as pro hac vice motions).

Document
Motion

Must include

  • Table of contents
  • Table of authorities
Filing RequirementsMandatory

Excerpts of contracts and transcripts may not be filed without prior leave of court.

Filing RequirementsMandatory

A party who wishes to be heard on a more expeditious or ex parte basis shall e-file an affidavit justifying the request.

Practices in Part 54 · Jun 2021 · p. 9
|SectionOrders to Show Cause
Filing RequirementsMandatory

Motion papers must include complete pleadings, applicable contracts, and any referenced deposition or court-proceeding transcript in its entirety.

Court's wording

The moving papers on a motion must contain complete and legible copies of (a) the pleadings, (b) all applicable contracts, and (c) entire transcripts of depositions and court proceedings if reference is made to the deposition or proceedings in the motion.

Filing RequirementsMandatory

The email shall include a Microsoft Word version of the OSC.

Practices in Part 54 · Jun 2021 · p. 9
|SectionOrders to Show Cause
Filing RequirementsMandatory

The court will not issue a TRO if the moving papers do not contain complete copies of the pleadings and complete legible copies of the applicable contracts.

Practices in Part 54 · Jun 2021 · p. 10
|SectionOrders to Show Cause
Filing RequirementsMandatory

(a) marked pleadings

Document
Pretrial submission

Include

  • Marked pleadings
Practices in Part 54 · Jun 2021 · p. 11
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

If all parties consent to the proposed corrections or agree that no corrections are required, a stipulation to that effect shall be e-filed and emailed to the court with the errata sheet or transcript.

Filing RequirementsMandatory

(e) cross-designations of deposition testimony including the pages and lines

Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

(d) expert reports

Include

  • Expert reports
Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

(b) pretrial memoranda

Document
Pretrial submission

Include

  • Pretrial memoranda
Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

(c) witness lists setting forth whether the witness is a fact witness or an expert and the expected length of direct examination

Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

(g) requests to charge including the applicable Pattern Jury Instruction (PJI) number and contentions. If any modification of the PJI is requested, the entire charge shall be typed with the proposed modification clearly indicated in BOLD

Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

Pretrial submissions must include pre-marked, Bates-stamped exhibits and an exhibit spreadsheet containing identifiers, brief descriptions, and spaces for objections, post-conference positions, and court rulings.

Court's wording

(f) pre-marked exhibits containing their bates stamps, together with a spreadsheet containing the exhibit numbers or letters, a very brief description of the exhibit and blank spaces for a) the opposing parties to object or agree to admission, b) a change of position after the parties meet and confer regarding any objections and c) a court ruling at the pre-trial hearing on the exhibits not agreed upon

Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

(i) a stipulation as to all agreed-upon facts for non-jury trials

Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

(h) a proposed verdict sheet

Include

  • A proposed verdict sheet
Practices in Part 54 · Jun 2021 · p. 12
|SectionTRIALS & PRE-TRIAL CONFERENCES
Filing RequirementsMandatory

ORDERED that all pleadings, briefs, and other papers filed with the court shall be signed by the attorney of record, who shall be responsible for such papers and for the conduct of this action;

Document
Pleadings briefs and other papers

Must include

  • Signed by the attorney of record
Practices in Part 54 · Jun 2021 · p. 13
|SectionForm Order for Admission Pro Hac Vice
Filing RequirementsImportant

Parties shall use the confidentiality agreement and order available at: https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Confidentiality_ Stip_Part_54.pdf

Practices in Part 54 · Jun 2021 · p. 7
|SectionConfidentiality Agreements
Filing RequirementsImportant

The joint statement may cite and be filed with joint exhibits that will be considered part of the summary-judgment record without the need to separately file them with the parties’ motion papers.

Practices in Part 54 · Jun 2021 · p. 10
|SectionSummary-Judgment Motions

Filing & Service rules

Electronic Filing Rules

Any responsive letter shall be e-filed and emailed to the court within two days.

Any responsive letter shall be e-filed and emailed to the court within two days.

Page 1 | GENERAL RULES

After e-filing a document requiring the court's attention, the filer must email its PDF and the e-filing confirmation to the assigned law clerk.

PDFs of documents requiring the court’s attention must be emailed to the assigned law clerk after they are e-filed along with the e-filing confirmation.

Page 2 | ELECTRONIC FILING

All cases must be filed electronically through NYSCEF, except cases involving pro se litigants who are not licensed to practice law in New York.

All cases must be e-filed on NYSCEF except for cases involving pro se litigants who are not licensed to practice law in New York.

Page 2 | ELECTRONIC FILING

Hard copies may not be submitted unless the court specifically directs that they be submitted.

Hard copies SHALL NOT be submitted unless specifically directed by the court.

Page 2 | ELECTRONIC FILING

Before the pre-case conference, the parties must electronically file and email the assigned law clerk a joint letter of no more than two pages containing specified case, discovery, and motion information.

Prior to the PC, the parties must e-file and email the assigned law clerk a joint letter, not to exceed two pages, that includes a summary of the relevant factual background, the causes of action, affirmative defenses and counterclaims, the status of discovery, and the status of any motions.

Page 6 | Conferences

If the parties change the form confidentiality agreement and order, they must electronically file the executed version and email the court a redline.

If the parties make any changes to this form order they shall e-file and email the court an executed version and a redline.

Page 7 | Confidentiality Agreements

Each exhibit to an electronically filed pleading, affidavit, or affirmation must be filed as a separate document and described in reasonable detail in the Description field, in addition to a number.

Each exhibit to an e-filed pleading, affidavit or affirmation must be e-filed as a separate document and must be described in reasonable detail in the “Description” field, in addition to a number

Page 8 | MOTIONS

Unless the court orders otherwise, parties may not provide hard copies or appear in court on an OSC return date.

Unless otherwise ordered, the parties SHALL NOT provide hard copies or appear in court on the return date.

Page 9 | Orders to Show Cause

A transcript requested to be So Ordered must be e-filed and emailed to the court with an errata sheet correcting all record errors, including agreed-upon transcription errors in the court’s statements.

Transcripts shall be e-filed and emailed to the court with an errata sheet correcting all errors in the record, including any agreed-upon errors in transcription of the court’s statements.

Page 11 | TRANSCRIPTS

All pretrial submissions, including all in limine motions, must be e-filed and fully submitted at least three weeks before the pretrial conference.

All pre-trial submissions, including all in limine motions, must be e-filed and fully submitted at least three weeks before the pre-trial conference.

Page 11 | TRIALS & PRE-TRIAL CONFERENCES

A party may, without prior court permission, electronically file and email a short letter seeking reassignment or challenging Commercial Division placement.

If a party believes that a case assigned to Part 54 does not belong in the Commercial Division or should be assigned to another Justice (e.g., as a related case), it may, without prior leave of court, e-file and email a short letter explaining its position.

Page 1 | GENERAL RULES

Unrepresented litigants who are not licensed New York attorneys are highly encouraged to use NYSCEF electronic filing.

Unrepresented litigants who are not licensed New York attorneys are highly encouraged to e-file (it is the best way to obtain easy access to court filings, keep up to date and serve other parties) and can find instructions at:

Page 2 | ELECTRONIC FILING

Filing Timing and Cure Windows

Any responsive letter shall be e-filed and emailed to the court within two days.

Any responsive letter shall be e-filed and emailed to the court within two days.

Page 1 | GENERAL RULES

A discovery update may be submitted any time by its due date, but the party must provide the update or request an extension by the deadline.

Such updates may be submitted at any time on or before the date they are due, but parties must always timely provide an update or request an extension by the deadline.

Page 7 | MOTIONS

Unless the court orders otherwise, a summary-judgment motion must be filed within 60 days after filing of the note of issue.

Unless otherwise ordered, summary judgment motions must be filed no later than 60 days after the note of issue is filed.

Page 9 | ELECTRONIC FILING

A motion on which the court reserves is not fully submitted, and no written decision will issue, until the transcript is e-filed.

If the court reserves on a motion, it will not be marked fully submitted and the court will not issue a written decision until the transcript is e-filed.

Page 11 | TRANSCRIPTS

All oral argument transcripts must be e-filed within 45 days after oral argument, including transcripts when the court decides the motion from the bench.

All oral argument transcripts must be e-filed within 45 days of oral argument, even if the court decides a motion from the bench after oral argument.

Page 11 | TRANSCRIPTS

Service and Proof of Service Rules

Absent significant prejudice, a TRO movant must email the motion papers to opposing counsel and Mr. Rand at least 24 hours before the requested hearing time.

In the absence of significant prejudice, a movant seeking a TRO must email their motion papers to opposing counsel and Mr. Rand at least 24 hours in advance of when the movant wants to be heard on its TRO application.

Page 9 | Orders to Show Cause

Failure to electronically file proof of TRO notice containing the opposing side’s email address may delay consideration of the application.

The failure to e-file proof of such notice that includes the other’s side’s email address may result in delayed consideration of the TRO.

Page 9 | Orders to Show Cause

Orders on motions and stipulations to consolidate, sever claims, or amend captions must be served with notice of entry on the County Clerk and General Clerk’s Office under Section J of the applicable electronic-filing protocol.

All orders on motions or stipulations to consolidate, to sever claims or to amend captions shall be served with notice of entry on the County Clerk and the General Clerk’s Office in accordance with Section J of the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases

Page 11 | CONSOLIDATION OR AMENDMENT OF CAPTIONS

Filing Fees and Waivers

Unless otherwise directed, the moving party must order and pay for the oral argument transcript.

Unless otherwise directed, the moving party shall order and pay for the transcript.

Page 11 | TRANSCRIPTS

Transcript costs must be shared when there is a cross-motion or when both parties file motions.

If there is a cross-motion or motions are filed by both parties, the costs shall be shared.

Page 11 | TRANSCRIPTS

Courtesy Copy Requirements

For non-electronically filed motion papers, two properly submitted copies are required: one for the court file and one for the court's use, with the delivery location depending on notice or order to show cause.

In those limited cases that ARE NOT e-FILED, TWO copies of motion papers must be properly submitted (in Room 130 if the motion is on notice and to the courtroom if the motion was made by order to show cause): one for the court file and an extra copy for the court’s use.

Page 2 | ELECTRONIC FILING

Sealing & Redaction Procedures

If provisional sealing status was employed the OSC should include a TRO maintaining such status pending a decision on the motion. Since sealing of entire documents is rarely permitted, the moving papers shall include narrowly tailored proposed redactions and the movant shall email the court and opposing counsel a version of the documents with highlighted proposed redactions.

If provisional sealing status was employed the OSC should include a TRO maintaining such status pending a decision on the motion. Since sealing of entire documents is rarely permitted, the moving papers shall include narrowly tailored proposed redactions and the movant shall email the court and opposing counsel a version of the documents with highlighted proposed redactions.

Page 7 | Confidentiality Agreements

Filing Bundling Requirements

Filing a dispositive motion does not stay discovery.

The filing of a dispositive motion DOES NOT stay discovery.

Page 4 | COMMUNICATIONS WITH THE COURT — Authorized Letters

Pre-Motion Conference Requirements

A party must obtain prior court leave before filing a discovery motion under Part Rule 28.

Discovery motions, however, require prior leave of court pursuant to Part Rule 28.

Page 4 | COMMUNICATIONS WITH THE COURT — Authorized Letters

Before filing a discovery motion, parties must meet and confer and obtain prior authorization, and the motion must identify who authorized it and when; non-parties and post-judgment discovery disputes are excepted.

After the PC, before making any discovery motion, the parties must meet and confer about all disputes and either raise the issue at the next scheduled conference or email the assigned law clerk to request an earlier conference or leave to file a motion. Discovery motions MAY NOT be made without prior authorization and any discovery motion must set forth who authorized the motion and when. Failure to comply with this rule may result in the summary denial of the discovery motion. This rule does not apply to non-parties, though they may email the assigned law clerk to request a conference in lieu of making a motion. This rule also does not apply to post-judgment discovery disputes, for which a motion may be filed without prior leave of court.

Page 5 | DISCOVERY

A post-conference motion to stay discovery must be made by order to show cause, although the parties may request a law-clerk conference instead; a stay order must issue before the deadline to relieve consequences, and late or repeated requests are not expected to be granted absent compelling cause.

After the PC, motions to stay discovery must be made by order to show cause. However, parties may email the assigned law clerk to request a conference to address a stay request in lieu of a motion. Parties will not be relieved from the consequences of violating discovery orders unless the court issues a stay order prior to the deadline. Parties should not expect that stay or extension requests on the eve of a deadline will necessarily be granted, particularly if such request could have been made more expeditiously. Parties who have made multiple prior extension requests or have previously failed to comply with discovery deadlines should not expect their extension requests to be granted absent compelling cause.

Page 5 | DISCOVERY

A party may not argue for denial of summary judgment solely based on failure to negotiate and file a joint statement of facts.

No party shall argue that a summary-judgment motion should be denied for the failure to negotiate and file a joint statement of facts.

Page 10 | Summary-Judgment Motions

CPLR 3213 motions do not require a joint statement, and competing Rule 19-a statements may not be submitted for them.

CPLR 3213 motions do not require a joint statement and competing Rule 19-a statements are not to be submitted.

Page 10 | Summary-Judgment Motions

If the parties cannot agree on a joint statement, they may not submit competing Rule 19-a statements of facts.

If the parties cannot agree on a joint statement, competing Rule 19-a statements of facts are strictly prohibited.

Page 10 | Summary-Judgment Motions

Before filing summary judgment, the parties must meet and confer and prepare and file one joint statement of material facts.

Before filing a summary-judgment motion, the parties shall meet and confer to discuss the matters at issue on the motion and shall prepare and file one joint statement of material facts.

Page 10 | Summary-Judgment Motions

A party may file a good-faith partial summary-judgment motion before the note of issue when negotiating a joint statement would be futile or would prejudicially delay filing.

Nor is any party precluded from filing a pre-note-of-issue partial summary judgment motion if they in good faith believe that negotiating a joint statement would be futile or that doing so will cause a prejudicial delay in filing their motion.

Page 10 | Summary-Judgment Motions

Adjournment & Extension Requirements

An adjournment request for a submissions-part motion or an OSC returnable on the papers must be made by an e-filed letter that is also emailed to the assigned law clerk.

Requests to adjourn a motion returnable in the submissions part (i.e., Room 130) or an OSC returnable “on papers only” shall be made by e-filed letter that shall also be emailed to the assigned law clerk.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

An adjournment granted by the submissions part without a stipulation or court approval is void and will be addressed by the court upon notice.

Adjournments granted by the submissions part without a stipulation or court approval ARE VOID, and if and when they are brought to the court’s attention the court will issue an order ruling on the adjournment request.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

The submissions part may not grant an adjournment unless the parties stipulate to it.

Unless the parties stipulate to an adjournment, the submissions part is NOT authorized to grant adjournments.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

Court permission for an adjournment of a scheduled appearance ordinarily must be obtained at least two business days in advance, but emergencies are excepted.

To adjourn a scheduled appearance (e.g., a conference or oral argument), the court’s permission must be obtained no later than two business days in advance, except in the event of an emergency.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

An adjournment request for a scheduled appearance must be emailed to the assigned law clerk and state whether all parties consent.

Requests to adjourn scheduled appearances must be addressed to the assigned law clerk by email and must indicate whether the request is on consent of all parties.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

Discovery extensions must be requested by emailing the assigned law clerk before the deadline, and the court may grant them for good cause but will not indefinitely grant extensions where the parties are not diligently attempting to meet deadlines.

The parties must strictly comply with all court-ordered discovery deadlines. If an extension of time is needed, it must be requested by emailing the assigned law clerk BEFORE expiration of the deadline. The court may grant extensions for good cause but will not indefinitely grant extensions if the parties are not diligently attempting to meet deadlines.

Page 5 | DISCOVERY

A party cannot assume that a late adjournment request will be granted, and any resulting adjournment will likely be shorter than one granted on an expeditious request.

No party should assume the court will necessarily grant an adjournment request made on the eve of or after a briefing deadline has passed, regardless of whether a prior adjournment request has been made, and if the court does grant such an adjournment, it will likely be much shorter than if the request had been made expeditiously.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

If the request is opposed, a responsive email should be emailed to the assigned law clerk either promptly or by a deadline that will be communicated by the court.

If the request is opposed, a responsive email should be emailed to the assigned law clerk either promptly or by a deadline that will be communicated by the court.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

The Part Clerk may not grant adjournments.

The Part Clerk is NOT authorized to grant adjournments.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

If the request is opposed, a responsive letter should be e-filed and emailed to the assigned law clerk either promptly or by a deadline that will be communicated by the court.

If the request is opposed, a responsive letter should be e-filed and emailed to the assigned law clerk either promptly or by a deadline that will be communicated by the court.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

Parties should use the procedure in Part Rule 18 rather than requesting an opposed adjournment directly from the submissions part.

Instead, the parties should follow the procedure in Part Rule 18.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

Chambers Communication Rules

Law clerks will not communicate ex parte with attorneys or litigants.

The law clerks will not communicate with an attorney or litigant ex parte.

Page 1 | GENERAL RULES

Every email to the court must include all appearing parties as copy recipients.

All emails to the court must copy all appearing parties.

Page 1 | GENERAL RULES

In cases not filed electronically, pro se litigants and counsel must provide their contact information to the Part Clerk.

In cases that are NOT e-filed, pro se litigants and counsel must provide contact information to the Part Clerk.

Page 2 | GENERAL RULES

Counsel must email the assigned law clerk as soon as practicable when an action or pending motion is resolved.

Counsel must notify the court as soon as practicable by email to the assigned law clerk if an action or a pending motion has been resolved.

Page 2 | GENERAL RULES

A party should obtain court leave before filing a Commercial Division Rule 14 letter and may request leave by emailing the assigned law clerk.

Parties should not file Commercial Division Rule 14 letters without prior leave of court. Leave may be requested by emailing the assigned law clerk.

Page 4 | COMMUNICATIONS WITH THE COURT — Authorized Letters

Every e-filed letter must be emailed to the assigned law clerk with its e-filing confirmation.

All e-filed letters must be emailed to the assigned law clerk along with the e-filing confirmation.

Page 4 | COMMUNICATIONS WITH THE COURT — Authorized Letters

For an emergency or a resolved case or motion, counsel must immediately email the assigned law clerk rather than merely filing the communication electronically.

In an emergency or if a case or motion is resolved, please email the assigned law clerk immediately. Do not merely e-file a letter or stipulation.

Page 9 | ELECTRONIC FILING

Even when ex parte TRO relief is legally authorized, counsel must email the papers to Mr. Rand as soon as practicable.

If ex parte relief is legally authorized, you must still email the papers to Mr. Rand as soon as practicable.

Page 9 | Orders to Show Cause

An OSC movant must immediately email the papers to Mr. Rand after electronic filing and await further instructions.

The movant on an order to show cause (OSC), regardless of whether a temporary restraining order (TRO) is sought, shall email the papers to Mr. Rand IMMEDIATELY after the OSC is e-filed and await instructions on how to proceed.

Page 9 | Orders to Show Cause

After a competing-statement violation, opposing counsel must not file a responsive statement and instead should notify the court and request that the statement be stricken.

If a party violates this rule, opposing counsel SHALL NOT file a responsive statement of facts, but rather should e-file and email the court a letter noting the rule violation and requesting that the statement be stricken from the record.

Page 10 | Summary-Judgment Motions

If a rule calls for contacting a law clerk but none has been assigned, the party should email Mr. Rand.

If the rules provide that you should contact a law clerk and one has not yet been assigned, please email Mr. Rand.

Page 1 | GENERAL RULES

Except for emergencies, parties should not call Chambers.

Unless in the case of an emergency, no one should call Chambers.

Page 4 | COMMUNICATIONS WITH THE COURT — Telephone Calls

Unless the court has sent a Teams invitation, the parties must send an invitation or ask the court to do so at least two business days before the conference.

Unless the court has already sent a Teams invite, at least two business days prior to a conference, the parties shall either send an invite or request that the court do so.

Page 4 | COMMUNICATIONS WITH THE COURT — Telephone Calls

After assignment to the part and before the preliminary conference, parties with a discovery dispute must email Mr. Rand to request resolution guidance.

After an action is assigned to this part, but before the preliminary conference (PC), if the parties have a discovery dispute, they shall email Mr. Rand to request guidance on how to resolve the dispute.

Page 4 | DISCOVERY

A party seeking an urgent court call should send the assigned law clerk a short email requesting the call and briefly explaining the issues; the court will arrange a Microsoft Teams call and send an invitation.

If a party requires an urgent call with the court--such as an unscheduled call to address a discovery dispute, to resolve a dispute during a deposition, or any other urgent matter--a short email should be sent to the assigned law clerk requesting a call along with a brief explanation of the issues, and the court will notify the parties when there will be a call on Microsoft Teams for which the court will send a Teams invite.

Page 4 | COMMUNICATIONS WITH THE COURT — Telephone Calls

All parties must join the Teams call at least five minutes before the scheduled conference begins.

All parties must join the Teams call at least five minutes before the conference is scheduled to begin.

Page 4 | COMMUNICATIONS WITH THE COURT — Telephone Calls

The movant must notify Mr. Rand by email when a motion is fully briefed.

When a motion is fully briefed, the movant shall notify Mr. Rand by email.

Page 7 | MOTIONS

If the assigned law clerk does not respond or is unavailable, counsel may email the other law clerk and the part clerk.

If the assigned law clerk does not respond or if you receive an out-of-office message, you may email the other law clerk and the part clerk.

Page 9 | ELECTRONIC FILING

General questions about appearances may be sent to the Part Clerk by phone at (646) 386-3362 or by email to Mr. Rand.

General questions about appearances may be addressed to the Part Clerk by email or by phone at (646) 386-3362, or by email to Mr. Rand.

Page 3 | COMMUNICATIONS WITH THE COURT — Scheduling

Basic questions and updates should be emailed to the assigned law clerk.

Basic questions or updates should be emailed to the assigned law clerk.

Page 4 | COMMUNICATIONS WITH THE COURT — Telephone Calls

Every Teams invitation will include a dial-in number for someone unable to use Teams.

The Teams invite will always have a dial-in number alternative for anyone who cannot use Teams.

Page 4 | COMMUNICATIONS WITH THE COURT — Telephone Calls

Unless otherwise directed, court calls and discovery conferences take place by audio-only Microsoft Teams with cameras off.

Unless otherwise directed, all calls and discovery conferences will be on Microsoft Teams (audio only, cameras off).

Page 4 | COMMUNICATIONS WITH THE COURT — Telephone Calls

Junior Lawyer Participation Incentives

A representation that oral argument will be presented by an attorney enhancing diversity in the bar or admitted to practice fewer than five years weighs in favor of holding oral argument.

A representation by letter that argument will be made by an attorney whose participation enhances diversity in the bar or an attorney admitted to practice fewer than five years will weigh in favor of the court deciding to hold oral argument.

Page 8 | MOTIONS

Court-wide rules

Applies court-wide

These 265 rules apply across New York Supreme Court, New York County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 60
  • Applies to
    Filing agent authorization

    A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.

  • Applies to
    Attorney filing account
    Must include
    notice of electronic filing

    An attorney using a filing agent must have a User ID and password so the agent’s filings are associated with the attorney of record.

  • Applies to
    Hard copy submission

    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.

E-Filing

All 59
  • Applies to
    Proposed judgment

    The filer should file to the case in question (select “File to Existing Case”) and a screen will appear that presents options for the filing of (i) motion documents or (ii) non-motion documents. Although a motion may have elicited the court’s directive, the motion itself has been concluded and so the filer should choose the selection under “Non-Motion Documents” labeled “Proposed Judgment to Clerk or Court.”

  • 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.

  • Unrepresented litigants are automatically exempt from mandatory e-filing but may voluntarily participate.

Filing Timing

All 38
  • Deadline
    3 business days

    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.

  • A motion on notice or notice of petition must be e-filed no later than eight days before the return date.

  • Deadline
    24 hours

    The Clerk normally takes 24 hours to review and process a proposed order to show cause.

Sealing

All 25
  • 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.

  • An infant's compromise order containing confidential personal information must be uploaded under seal.

  • Counsel and parties must comply with rules restricting disclosure of confidential personal information.

About Judge Jennifer G. Schecter
  • Assigned: Assigned to the Commercial Division in April 2018
  • Appointed: Appointed as an Acting Supreme Court Justice in 2015
  • Prior position: Presided over a General Assignment Part that included commercial, tort, landlord/tenant and CPLR article 78 proceedings
  • Elected: Elected to the Civil Court of the City of New York in 2009
  • Assigned: Assigned to New York County's Civil Court (2013-2014) and Criminal Court (2010-2012)
  • Prior position: Principal Law Clerk to Justice Eileen Bransten of Supreme Court, New York County (2002-2009)
  • Prior position: Principal Law Clerk to Chief Judge Judith S. Kaye of the New York State Court of Appeals (1998-2001)
  • Prior position: Began her legal career as a litigation associate at Skadden, Arps, Slate, Meagher & Flom
  • Education: Graduated magna cum laude from Seton Hall University School of Law in 1996
  • Education: Earned her undergraduate degree with High Honors from Rutgers College in 1993
  • Address: 60 Centre Street, New York, NY 10007
  • Part: Part 54 Commercial Division
  • Chambers: Room 626
  • Chambers Phone: (646) 386-4048
  • Courtroom: Room 228
  • Courtroom Phone: (646) 386-3362
  • Commercial Division Law Clerk: Karen Touaf, Esq.
  • Law Clerk: Michael Rand, Esq.
Common questions about Judge Jennifer G. Schecter's rules

Are courtesy copies required for Judge Jennifer G. Schecter?

Courtesy-copy rule applies for motions. Details: 1 copy. For non-electronically filed motion papers, two properly submitted copies are required: one for the court file and one for the court's use, with the delivery location depending on notice or order to show cause.

View ruleSource: page 2, section ELECTRONIC FILING

Does Judge Jennifer G. Schecter require a pre-motion conference or letter before filing a motion?

A party must obtain prior court leave before filing a discovery motion under Part Rule 28.

View ruleSource: page 4, section COMMUNICATIONS WITH THE COURT — Authorized Letters

What page or word limits apply to joint letter before Judge Jennifer G. Schecter?

Judge Jennifer G. Schecter's rule states these limits: 2 pages. The joint letter submitted before the PC is limited to two pages.

View ruleSource: page 6, section Conferences

What page or word limits apply to brief before Judge Jennifer G. Schecter?

Judge Jennifer G. Schecter's rule states these limits: 7000 words; 7000 words; 4200 words; 7000 words; 7000 words. Opening and opposition briefs are limited to 7,000 words, reply briefs to 4,200 words, and affidavits and affirmations to 7,000 words; counsel must certify compliance.

View ruleSource: page 8, section MOTIONS

What formatting rules apply to filings before Judge Jennifer G. Schecter?

Judge Jennifer G. Schecter's formatting rule includes file format PDF and must be ocr text searchable.. Every document filed electronically must be submitted as an OCR text-searchable PDF.

View ruleSource: page 2, section ELECTRONIC FILING

What must be included with pro hac vice request filings before Judge Jennifer G. Schecter?

The rule requires proposed order. A pro hac vice request by motion or stipulation must include a proposed order conforming to the supplied order, a supporting affidavit from a New York Bar member, an applicant affidavit, and a recent certificate of good standing.

View ruleSource: page 2, section GENERAL RULES

What must be included with filings before Judge Jennifer G. Schecter?

Commercial Division Rule 24 letters are neither required nor permitted unless the court directs otherwise, and prior leave is not required before filing a dispositive motion.

View ruleSource: page 4, section COMMUNICATIONS WITH THE COURT — Authorized Letters

How may parties contact Judge Jennifer G. Schecter's chambers?

An OSC movant must immediately email the papers to Mr. Rand after electronic filing and await further instructions.

View ruleSource: page 9, section Orders to Show Cause

How does Judge Jennifer G. Schecter handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Jennifer G. Schecter. Process: file redacted on ecf. If provisional sealing status was employed the OSC should include a TRO maintaining such status pending a decision on the motion. Since sealing of entire documents is rarely permitted, the moving papers shall include narrowly tailored proposed redactions and the movant shall email the court and opposing counsel a version of the documents with highlighted proposed redactions.

View ruleSource: page 7, section Confidentiality Agreements

How do I request an adjournment or extension before Judge Jennifer G. Schecter?

Requests should be made at least 2 business days in advance when this rule applies before Judge Jennifer G. Schecter. Court permission for an adjournment of a scheduled appearance ordinarily must be obtained at least two business days in advance, but emergencies are excepted.

View ruleSource: page 3, section COMMUNICATIONS WITH THE COURT — Scheduling

Does Judge Jennifer G. Schecter require motion papers to be bundled?

Filing a dispositive motion does not stay discovery.

View ruleSource: page 4, section COMMUNICATIONS WITH THE COURT — Authorized Letters

Is electronic filing required before Judge Jennifer G. Schecter?

Yes. Electronic filing is required for the covered filings. Any responsive letter shall be e-filed and emailed to the court within two days.

View ruleSource: page 1, section GENERAL RULES

Are filing fees or waivers addressed before Judge Jennifer G. Schecter?

Transcript costs must be shared when there is a cross-motion or when both parties file motions.

View ruleSource: page 11, section TRANSCRIPTS

What filing deadlines apply to letter filings before Judge Jennifer G. Schecter?

Any responsive letter shall be e-filed and emailed to the court within two days.

View ruleSource: page 1, section GENERAL RULES

What rule applies to service by email before Judge Jennifer G. Schecter?

Proof of service is required for the covered service rule. Details: method: service by email. Failure to electronically file proof of TRO notice containing the opposing side’s email address may delay consideration of the application.

View ruleSource: page 9, section Orders to Show Cause

Does Judge Jennifer G. Schecter encourage junior lawyer participation?

Yes. Judge Jennifer G. Schecter's rules include a junior lawyer participation incentive. A representation that oral argument will be presented by an attorney enhancing diversity in the bar or admitted to practice fewer than five years weighs in favor of holding oral argument.

View ruleSource: page 8, section MOTIONS
Complete rules summary for Judge Jennifer G. Schecter

All parties must join the Teams call at least five minutes before the scheduled conference begins.

An OSC movant must immediately email the papers to Mr. Rand after electronic filing and await further instructions.

The Part Clerk may not grant adjournments.

General questions about appearances may be sent to the Part Clerk by phone at (646) 386-3362 or by email to Mr. Rand.

A party may, without prior court permission, electronically file and email a short letter seeking reassignment or challenging Commercial Division placement.

Any responsive letter shall be e-filed and emailed to the court within two days.

If a rule calls for contacting a law clerk but none has been assigned, the party should email Mr. Rand.

Every email to the court must include all appearing parties as copy recipients.

Any responsive letter shall be e-filed and emailed to the court within two days.

All cases must be filed electronically through NYSCEF, except cases involving pro se litigants who are not licensed to practice law in New York.

Counsel must email the assigned law clerk as soon as practicable when an action or pending motion is resolved.

In cases not filed electronically, pro se litigants and counsel must provide their contact information to the Part Clerk.

A pro hac vice request by motion or stipulation must include a proposed order conforming to the supplied order, a supporting affidavit from a New York Bar member, an applicant affidavit, and a recent certificate of good standing.

For an unopposed application, parties should email the assigned law clerk both an executed Word version of the e-filed stipulation and its filing confirmation receipt.

Every document filed electronically must be submitted as an OCR text-searchable PDF.

For non-electronically filed motion papers, two properly submitted copies are required: one for the court file and one for the court's use, with the delivery location depending on notice or order to show cause.

Hard copies may not be submitted unless the court specifically directs that they be submitted.

An email submitted for a stipulation to be so-ordered must include an executed Microsoft Word version, and electronic signatures are permitted.

The email submitting a proposed order must include a Microsoft Word version.

A Word version need not be attached for documents not requiring the court's signature, and a PDF of a letter is sufficient.

Court permission for an adjournment of a scheduled appearance ordinarily must be obtained at least two business days in advance, but emergencies are excepted.

An adjournment request for a scheduled appearance must be emailed to the assigned law clerk and state whether all parties consent.

If the request is opposed, a responsive letter should be e-filed and emailed to the assigned law clerk either promptly or by a deadline that will be communicated by the court.

An adjournment request for a submissions-part motion or an OSC returnable on the papers must be made by an e-filed letter that is also emailed to the assigned law clerk.

A party cannot assume that a late adjournment request will be granted, and any resulting adjournment will likely be shorter than one granted on an expeditious request.

The submissions part may not grant an adjournment unless the parties stipulate to it.

An adjournment granted by the submissions part without a stipulation or court approval is void and will be addressed by the court upon notice.

Except for emergencies, parties should not call Chambers.

Basic questions and updates should be emailed to the assigned law clerk.

A party seeking an urgent court call should send the assigned law clerk a short email requesting the call and briefly explaining the issues; the court will arrange a Microsoft Teams call and send an invitation.

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