Judge Joel M. Cohen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Post Trial Brief
Proposed Order, Proposed Judgment, Post Trial Brief
Proposed Order
Court-wide
Communication
Clerk3 contacts
Chambers2 contacts
Other Contacts2 contacts
Page & Word Limits5 rules
The required compliance-conference joint letter may not exceed three pages and must be single-spaced.
- Joint letter
- Up to 3 pages
- Format
- Single-spaced
- Letter
Court's wording
At least seven days prior to the compliance conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth the status of discovery, describing any significant disputes to be addressed at the conference, whether there are any outstanding motions and/or appeals, and whether the parties have attempted Alternative Dispute Resolution or other efforts at settlement.
The required status-conference joint letter may not exceed three pages and must be single-spaced.
- Joint letter
- Up to 3 pages
- Format
- Single-spaced
- Letter
Court's wording
At least seven days prior to the status conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth a summary of the case, the current schedule for completion of discovery and filing Note of Issue, any proposed revisions to the schedule and reasons therefor,
Additionally, each party is to submit a settlement position statement (no more than 3 pages) to Justice Cohen ex parte, which will be treated as confidential and in no way disclosed to the other party.
- Settlement position statement
- Up to 3 pages per party
The parties must submit a joint settlement-conference letter no longer than five pages at least one week before the conference.
- Joint letter
- Up to 5 pages
Court's wording
In preparation for the conference, the parties must submit a joint letter (no more than 5 pages) at least one week before the conference, which outlines the remaining issues to be resolved and each parties’ general position on those issues.
Two weeks after receiving the transcript in a non-jury trial, the parties are to submit post-trial briefs of up to 7,000 words (excluding caption, table of contents, table of authorities, and signature blocks). One week thereafter, the parties may file reply briefs of up to 4,200 words (subject to the same exclusions).
- Post-trial brief
- Up to 7,000 words
- Reply brief
- Up to 4,200 words
Excluded from word count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
Document Format Requirements2 rules
Proposed jury instructions, including the text of relevant PJI instructions, should be submitted by email to Chambers (sfc-part3@nycourts.gov) in Word format.
- File type
- Word
- Proposed jury instructions
Formatting
- •Submission should be by email to Chambers at sfc-part3@nycourts.gov
In addition to filing on NYSCEF, copies of the post-trial briefs in Word format should be emailed to Chambers at sfc-part3@nycourts.gov.
- Post-trial brief
Formatting
- •Word format
Document Filing Requirements26 rules
The compliance-conference joint letter must address discovery status, significant disputes for the conference, outstanding motions and appeals, and attempts at Alternative Dispute Resolution or other settlement efforts.
Court's wording
At least seven days prior to the compliance conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth the status of discovery, describing any significant disputes to be addressed at the conference, whether there are any outstanding motions and/or appeals, and whether the parties have attempted Alternative Dispute Resolution or other efforts at settlement.
This Part hereby adopts the procedure set forth in Commercial Division Rule 11(a)-(c), which requires certain information to be exchanged in advance of the Preliminary Conference.
At least seven days prior to the status conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth a summary of the case, the current schedule for completion of discovery and filing Note of Issue, any proposed revisions to the schedule and reasons therefor,
Parties must use the Part's standard Preliminary Conference Order, meet and confer, complete the order before the conference, and be prepared to address the topics in Commercial Division Rule 8.
Court's wording
Parties are to use this Part’s standard form Preliminary Conference Order. Copies are available on the Commercial Division website (https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Part3- Preliminary-Conference-Order.pdf), from the Part Clerk, or in the Courtroom. Parties are to meet and confer and fill out the Preliminary Conference Order in advance of the Conference and must be prepared to address the topics listed in Commercial Division Rule 8.
All supporting, opposition, and reply motion papers must include a Memorandum of Law with a cited Statement of Facts rather than incorporating evidentiary material by reference.
Court's wording
C. Memoranda of Law. All motion papers (in support, opposition, and reply), whether by notice of motion or order to show case, must include a Memorandum of Law, subject to the word limits set forth in Commercial Division Rule 17. Wholesale incorporation by reference of an affidavit or other evidentiary material is not a substitute for including a Statement of Facts (with citations to the record) in the Memorandum of Law. Affidavits or Affirmations of counsel containing legal argument should not be submitted.
The joint settlement-conference letter must outline the remaining issues and each party's general position on those issues.
Court's wording
In preparation for the conference, the parties must submit a joint letter (no more than 5 pages) at least one week before the conference, which outlines the remaining issues to be resolved and each parties’ general position on those issues.
Witnesses at the hearing are limited to individuals who submitted an affidavit in connection with the motion and/or individuals who the other side has had an opportunity to depose.
Additionally, each party is to submit a settlement position statement (no more than 3 pages) to Justice Cohen ex parte, which will be treated as confidential and in no way disclosed to the other party.
A short summary (one or two sentences) of each party’s claims to be used by the Court as part of the preliminary instructions to the jury; and
Exhibits must be pre-marked in accordance with Commercial Division Rule 28.
For multi-day trials, the Court requires that the parties order a daily copy of the transcript during trial.
Counsel shall provide the Court with a flash drive containing copies of the admitted exhibits, identified by exhibit number.
On or before the first day of trial, counsel shall provide the Court with a flash drive containing copies of their proposed exhibits, as well as any binders of documents that will be shown to witnesses.
Please have a flashdrive containing the proposed exhibits delivered to the Part Clerk in Courtroom 208.
Any proposed exhibits should be pre-marked (JX-#; PX-#, or DX-#) and the parties should agree to joint exhibits (JX) to the extent possible.
Any proposed deviations from PJI instructions should be highlighted and explained, with citations to legal authority where appropriate.
Proposed jury instructions, including the text of relevant PJI instructions, should be submitted by email to Chambers (sfc-part3@nycourts.gov) in Word format.
Joint exhibits (as to which there is no objection to admissibility) should be designated by JX followed by the number of the exhibit.
The submissions should note the instructions to which the parties have stipulated.
In a bench trial, the Court generally will not consider evidence first offered in post-trial briefs absent special circumstances.
Court's wording
In bench trial, the Court will only consider evidence that is raised or introduced during the trial itself. Absent special circumstances, evidence offered for the first time in post-trial briefs will not be considered.
v. Proposed Judgment.
Include
- •Proposed Judgment
iii. Proposed Conclusions of Law, separately for each cause of action (claim, counterclaim, crossclaim, and third-party claim)
Flash drives should be marked with the short caption and index number of the case.
ii. Proposed Findings of Fact
Include
- •Proposed Findings of Fact
iv. Conclusion – including specific relief sought for each cause of action
i. Preliminary Statement (optional)
Include
- •Preliminary Statement (optional)
Filing & Service rules
Electronic Filing Rules
Part 3 is an electronic-filing part.
Part 3 is an e-filing Part.
Civil cases
Page 2 | III. SUBMISSION OF DOCUMENTS
Substantive-relief requests ordinarily must be filed on NYSCEF as motions, but a noncontroversial request that counsel believes can be resolved informally may instead be submitted by letter to all parties' counsel.
All communications seeking substantive relief from the Court must be filed on NYSCEF. If the matter is not controversial or counsel believe it can be resolved informally, the request may be made by letter, copying counsel for all parties. (See also Section VI below regarding pre-motion letters for discovery disputes.) Otherwise, requests for relief must be made by motion.
Civil cases
Page 2 | II. COMMUNICATION WITH CHAMBERS
After hearings on motions, the parties must obtain and upload the hearing transcript to NYSCEF.
I. Transcripts. Following all hearings on motions, the parties are to obtain a copy of the transcript and upload it to NYSCEF.
Civil cases
Page 4 | VI. MOTION PRACTICE
Exhibits to motions must be uploaded individually to NYSCEF and clearly labeled with their identifying information.
H. Exhibits. Exhibits to motions shall be uploaded to NYSCEF individually, with each Exhibit clearly labeled with its respective identifying information.
Civil cases
Page 4 | VI. MOTION PRACTICE
Counsel must electronically file trial transcripts after trial.
Counsel are to e-file the transcripts after trial.
Civil cases
Page 7 | F. Transcripts
After trial, counsel must electronically file a list of the exhibits admitted into evidence.
After trial, counsel shall e-file a list of the exhibits that were admitted into evidence.
Civil cases
Page 7 | Evidentiary Hearings
In addition to filing on NYSCEF, Word-format copies of post-trial briefs should be emailed to Chambers.
In addition to filing on NYSCEF, copies of the post-trial briefs in Word format should be emailed to Chambers at sfc-part3@nycourts.gov.
Civil cases
Page 7 | G. Post-Trial Briefs
Filing Timing and Cure Windows
At least seven days before a status conference, counsel must submit a joint, single-spaced letter of no more than three pages summarizing the case, discovery and Note of Issue schedule, and any proposed schedule changes and reasons.
At least seven days prior to the status conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth a summary of the case, the current schedule for completion of discovery and filing Note of Issue, any proposed revisions to the schedule and reasons therefor,
Civil cases
Page 2 | IV. CONFERENCES
At least seven days before a compliance conference, counsel must submit a joint, single-spaced letter of no more than three pages addressing discovery status, significant disputes, outstanding motions or appeals, and settlement efforts.
At least seven days prior to the compliance conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth the status of discovery, describing any significant disputes to be addressed at the conference, whether there are any outstanding motions and/or appeals, and whether the parties have attempted Alternative Dispute Resolution or other efforts at settlement.
Civil cases
Page 2 | IV. CONFERENCES
Direct testimony within an offering party's control must be submitted to the opposing parties and Court in affidavit or affirmation form at least three business days before the hearing.
Direct testimony of witness(es) within the offering party’s control shall be submitted to the opposing party(ies) and the Court in affidavit/affirmation form at least three business days prior to the hearing (Commercial Division Rule 32-a);
Civil cases
Page 5 | VIII. EVIDENTIARY HEARINGS
The parties must submit the joint settlement-conference letter at least one week before the conference.
In preparation for the conference, the parties must submit a joint letter (no more than 5 pages) at least one week before the conference, which outlines the remaining issues to be resolved and each parties’ general position on those issues.
Civil cases
Page 5 | IX. SETTLEMENT CONFERENCES
A party intending to use a direct affidavit must provide the Court and all parties a copy at least three days before the witness is expected to testify.
Direct Affidavits: if the parties intend to use direct affidavits, the party must provide the Court and all parties a copy of the affidavit at least three (3) days before the witness is expected to testify.
Civil cases
Page 6 | X. TRIAL RULES
The specified jury-trial materials must be submitted at least fourteen days before the final pretrial conference.
In addition to the above, for jury trials the following materials shall be submitted at least fourteen days prior to the final Pre-Trial Conference:
Civil cases
Page 6 | X. TRIAL RULES
The listed pretrial submissions, marked pleadings, and joint statement of stipulated facts and procedural history must be submitted at least fourteen days before the final pretrial conference.
The submissions required under Commercial Division Rules 26, 27, 28, 29, 31(a), 31(b), and 32, plus marked pleadings and a Joint Statement of Stipulated Facts and Procedural History, shall be made at least fourteen days prior to the final Pre-Trial Conference.
Civil cases
Page 6 | X. TRIAL RULES
Parties should exchange witness lists at least five business days before an evidentiary hearing unless the Court directs otherwise.
Witness lists should be exchanged between the parties at least five business days prior to the hearing.
Civil cases
Page 5 | VIII. EVIDENTIARY HEARINGS
A motion in limine should be brought by order to show cause, with its reply brief due at least fourteen days before the final pretrial conference.
Motions in limine should be brought by Order to Show Cause with the reply brief being due at least fourteen days prior to the final Pre-Trial Conference.
Civil cases
Page 6 | X. TRIAL RULES
Courtesy Copy Requirements
Copies of proposed orders to show cause, proposed orders, proposed judgments, and post-trial briefs should be emailed to Chambers in Word format.
Copies of proposed orders to show cause, proposed orders, proposed judgments, and post-trial briefs should be e-mailed to Chambers at sfc-part3@nycourts.gov in Word format.
Civil cases
Page 2 | III. SUBMISSION OF DOCUMENTS
Judge Cohen does not accept working or courtesy copies of documents.
Judge Cohen does not accept working/courtesy copies of documents.
Civil cases
Page 2 | III. SUBMISSION OF DOCUMENTS
Word-format courtesy copies of post-trial briefs should be emailed to Chambers at sfc-part3@nycourts.gov.
In addition to filing on NYSCEF, copies of the post-trial briefs in Word format should be emailed to Chambers at sfc-part3@nycourts.gov.
Civil cases
Page 7 | G. Post-Trial Briefs
Filing Bundling Requirements
Similarly situated parties should make reasonable efforts to consolidate briefing papers to avoid duplication, and the Court will consider requests to enlarge word limits for combined briefs.
D. Combined Briefs. Similarly situated parties (e.g., multiple defendants moving to dismiss on overlapping grounds) should make reasonable efforts to consolidate their briefing papers to avoid duplication. The Court will consider requests to enlarge applicable word limitations to facilitate the filing of combined briefs.
Civil cases
Page 3 | VI. MOTION PRACTICE
After good-faith efforts to resolve a discovery dispute, the parties must coordinate a single Rule 14 submission containing the initial and responsive letters.
B. Discovery motions are discouraged. If a dispute cannot be resolved after good faith efforts to meet and confer, the parties should proceed in accordance with Commercial Division Rule 14. The parties shall coordinate to make a single Rule 14 submission to the Court containing both the initial letter and any responsive letter(s).
Civil cases
Page 4 | VII. DISCOVERY
Pre-Motion Conference Requirements
Except for discovery motions, prior permission or pre-motion letters are not required before filing a motion, although parties may request a pre-motion conference for disputes likely to resolve quickly.
B. Pre-Motion Letters. Except for discovery motions (Section VI below), no prior permission or letters pursuant to Commercial Division Rule 24 are required before making a motion. If the parties believe the dispute may be resolved quickly without the need for formal motion practice, they can request a pre- motion conference.
Civil cases
Page 3 | VI. MOTION PRACTICE
Adjournment & Extension Requirements
A request to extend the court-ordered discovery end date must be made before that end date and state how many prior extension requests were granted.
C. Requests for extension of the Court-ordered end date for discovery must be made prior to the end date and must state how many prior extension requests have been granted.
Civil cases
Page 4 | VII. DISCOVERY
Chambers Communication Rules
Chambers does not accept unsolicited external calls or voicemails without advance approval and scheduling, and telephone-conference requests may be made by email.
Chambers will not accept external telephone calls (or voicemails) without prior approval and scheduling. Requests for a telephone conference may be made by email.
Civil cases
Page 2 | II. COMMUNICATION WITH CHAMBERS
Proposed jury instructions, including relevant PJI text, should be emailed to Chambers at the stated address in Word format.
Proposed jury instructions, including the text of relevant PJI instructions, should be submitted by email to Chambers (sfc-part3@nycourts.gov) in Word format.
Civil cases
Page 6 | X. TRIAL RULES
Settlement-conference submissions should be emailed to sfc-part3@nycourts.gov rather than filed on the docket.
All submissions should be made via email to sfc-part3@nycourts.gov, not filed to the docket.
Civil cases
Page 6 | IX. SETTLEMENT CONFERENCES
Procedural, scheduling, and logistical communications to Chambers may be sent by email to sfc-part3@nycourts.gov, with counsel for all parties copied.
All communications to Chambers regarding procedural, scheduling, and logistical matters may be made by email to sfc-part3@nycourts.gov, copying counsel for all parties.
Civil cases
Page 1 | II. COMMUNICATION WITH CHAMBERS
A request for a telephone conference may be submitted by email.
Requests for a telephone conference may be made by email.
Civil cases
Page 2 | II. COMMUNICATION WITH CHAMBERS
By consent, a party may request a settlement conference by emailing Chambers at the stated address or filing an NYSCEF letter at any time or under Commercial Division Rule 30(b)(1)(A).
The parties may, on consent, request a settlement conference by emailing Chambers at sfc-part3@nycourts.gov or filing a letter on NYSCEF at any time or pursuant to Commercial Division Rule 30(b)(1)(A).
Civil cases
Page 5 | IX. SETTLEMENT CONFERENCES
Junior Lawyer Participation Incentives
The Court strongly encourages substantive courtroom participation by women, diverse lawyers, and attorneys with five years or less of practice experience.
The Court strongly encourages substantive participation in court proceedings by women and diverse lawyers, who historically have been underrepresented in the commercial bar, as well as by lawyers who have been practicing for five years or less.
Civil cases
Page 1 | I. GENERAL