Judge Kathleen Waterman-Marshall
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order
Court-wide
Adjournments
- Discovery-conference adjournment requests must be made at least one week before the conference unless an emergency exists, and same-day attorney consent adjournments are not accepted.
Communication
Phone
Clerk
Letter via ECF
Phone
Court-widePhone
Court-wideDocument Filing Requirements13 rules
In complex discovery cases, counsel must submit a joint discovery plan with the PCO containing specified issue, discovery, disclosure, disputes, witness, non-party discovery, and ESI information, after which it will be so ordered and uploaded to NYSCEF.
Court's wording
Joint Discovery Plan: If the case is on a complex discovery track, counsel shall submit a joint Discovery Plan with PCO. The Discovery Plan shall contain: a statement of the issues in the cases and the discovery sought for each issue (both substance and temporal scope); proposed deadlines for disclosure; identification of categories of information that are not in dispute and those that are potentially in dispute; identification of non-party discovery and material witnesses, known and potential; and ESI issues. The Discovery Plan will be So-Ordered and uploaded to NYSCEF with the PCO.
If parties cannot agree on a PCO, CCO, or SCO after good-faith efforts, they must appear in person with a proposed order completed except for the disputed issue.
Court's wording
Parties who are unable to agree on the terms of any Conference Order (PCO, CCO, SCO), despite their good faith efforts to do so, shall appear in-person before the Court on the scheduled conference date with their proposed Conference Order, completed except for the disputed matter, prepared to discuss the issue for the Court’s ruling.
Parties must confer on all discovery matters and email the part clerk an agreed-upon, signed draft PCO by noon on the day before the preliminary conference.
Court's wording
Preliminary Conference Order (“PCO”): Parties shall meet and confer about all discovery matters and submit an agreed upon, signed draft PCO (22 NYCRR 202.12) for the judge’s review and signature by email to the Part Clerk by 12:00 noon on the day prior to the Preliminary Conference.
Parties must confer on outstanding discovery and email the part clerk an agreed, signed draft CCO or SCO by noon on the preceding day.
Court's wording
Compliance Conference Order (“CCO”) or Status Conference Order (“SCO”): Parties shall meet and confer about outstanding discovery matters and submit an agreed upon, signed draft, CCO or SCO as appropriate, for the judge’s review and signature by email to the Part Clerk by 12:00 noon on the day prior to the scheduled for the Conference.
Motion Sequence Number: All papers shall state the motion sequence number, when available.
- Document
- Papers
Must include
- •Motion Sequence Number
Every motion-related submission must include an attorney or self-represented-party certification stating either that no generative AI was used or that the filer reviewed and approved all generated text, with the program, affected documents, and generated portions identified when AI was used; one certification may cover several documents in a party's submission.
- Document
- Motion submission
Must include
- •AI disclosure
Court's wording
Artificial intelligence (AI) programs: All submissions with respect to a motion must include a certification by an attorney (or self-represented party) either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis were reviewed for accuracy and approved by an attorney (or the self-represented party). If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by ===== PAGE 4 ===== the program must be specified along with which parts of the documents were drafted by the program. One certification pertaining to a party’s submission comprised of several such documents shall suffice.
ESI: If the production of ESI is an issue, the parties shall exchange an ESI protocol (22 NYCRR 202.12[e][3]).
The Part Clerk schedules a pretrial conference at which counsel must have settlement authority and be prepared to discuss the listed trial matters.
Court's wording
When a trial is assigned to Justice Waterman-Marshall, the Part Clerk will schedule a Pre-Trial Conference, during which counsel, who must have authority to discuss settlement, SHALL BRING TO THE CONFERENCE AND BE PREPARED TO DISCUSS THE FOLLOWING:
▪ Exhibit Lists, each indicating any exhibits that will be admitted into evidence on consent;
▪ A Joint Statement summarizing the nature of the case, and a list of people, places, and institutions that are likely to be mentioned during the course of the trial, to be read to potential jurors during jury selection;
▪ Proposed Jury Charges and Verdict Sheet; and
Counsel are strongly encouraged, but not required, to submit a proposed default judgment order explaining the basis for granting relief or denying an opposed motion.
Court's wording
Default Judgment Motions: Counsel are strongly encouraged to submit a proposed Order setting forth the basis for the Court to grant a default judgment (noting the type and timing of service, referencing dispositive documents, etc.) and/or the basis to deny such relief where the motion is opposed.
Filing & Service rules
Electronic Filing Rules
After the judge signs a CCO or SCO, the part clerk will upload it to NYSCEF.
After the judge reviews and signs the CCO / SCO, the Part Clerk will upload it to NYSCEF.
Page 2 | DISCOVERY CONFERENCES ORDERS
After the judge signs the PCO, the part clerk will upload it to NYSCEF.
After the judge reviews and signs the PCO, the Part Clerk will upload the signed PCO to NYSCEF.
Page 2 | DISCOVERY CONFERENCES ORDERS
Counsel must notify the court as soon as practicable of a settlement or resolution of an active case or pending motion by filing a stipulation or notice through NYSCEF.
NOTIFYING COURT OF SETTLEMENT OR RESOLUTION: Counsel must notify the Court as soon as practicable of any settlement or resolution of active cases or pending motions, by filing to NYSCEF a Stipulation or Notice reflecting same.
Page 2 | COMMUNICATIONS
Notices to Produce, Notices to Admit, Interrogatories, and their written responses must be filed through NYSCEF, but produced documents are excluded.
Discovery Demands and Responses: All discovery demands (i.e., Notices to Produce, Notices to Admit, and Interrogatories) and written responses thereto (not including the documents produced in response to the demands) must be filed to NYSCEF.
Page 2 | GENERAL DISCOVERY DIRECTIVES
Letters to the judge must be filed through NYSCEF.
LETTERS: Letters to the Judge are strongly discouraged absent an emergency. Letters shall be filed to NYSCEF with copies simultaneously emailed to all counsel and self-represented parties.
Page 2 | COMMUNICATIONS
Counsel must upload to NYSCEF a transcript of any motion argument held before the prior jurist after transfer to Part 31.
For any motions that were orally argued before the prior jurist, counsel shall upload a transcript of the oral argument to NYSCEF.
Page 4 | CASES TRANSFERRED TO PART 31
The joint discovery plan will be so ordered and uploaded to NYSCEF with the PCO.
The Discovery Plan will be So-Ordered and uploaded to NYSCEF with the PCO.
Page 2 | DISCOVERY CONFERENCES ORDERS
Filing Timing and Cure Windows
Counsel must notify the court as soon as practicable after settlement or resolution of an active case or pending motion.
NOTIFYING COURT OF SETTLEMENT OR RESOLUTION: Counsel must notify the Court as soon as practicable of any settlement or resolution of active cases or pending motions, by filing to NYSCEF a Stipulation or Notice reflecting same.
Page 2 | COMMUNICATIONS
The draft CCO or SCO must be emailed to the part clerk no later than 12:00 noon on the day before the applicable conference.
Compliance Conference Order (“CCO”) or Status Conference Order (“SCO”): Parties shall meet and confer about outstanding discovery matters and submit an agreed upon, signed draft, CCO or SCO as appropriate, for the judge’s review and signature by email to the Part Clerk by 12:00 noon on the day prior to the scheduled for the Conference.
Page 2 | DISCOVERY CONFERENCES ORDERS
The status conference must be held six months after the CCO date or the most recent SCO date.
Guidelines for CCO/SCO: Status Conference shall be 6 months from the date of the CCO/last SCO.
Page 2 | DISCOVERY CONFERENCES ORDERS
EBT dates must be no later than four months after the PCO date.
EBT dates shall be no later than 4 months from the date of the PCO;
Page 2 | DISCOVERY CONFERENCES ORDERS
The note of issue is due 12 months after the PCO for standard discovery and 15 months after the PCO for complex discovery.
Note of Issue date: 12 months from the date of the PCO for standard discovery track cases. 15 months from the date of the PCO for complex discovery track cases.
Page 2 | DISCOVERY CONFERENCES ORDERS
The compliance conference must occur six months after the PCO date.
Compliance Conference shall be 6 months from the date of the PCO;
Page 2 | DISCOVERY CONFERENCES ORDERS
The agreed draft PCO must be emailed to the part clerk no later than 12:00 noon on the day before the preliminary conference.
Preliminary Conference Order (“PCO”): Parties shall meet and confer about all discovery matters and submit an agreed upon, signed draft PCO (22 NYCRR 202.12) for the judge’s review and signature by email to the Part Clerk by 12:00 noon on the day prior to the Preliminary Conference.
Page 2 | DISCOVERY CONFERENCES ORDERS
A motion will be marked off on the appearance day if an oral-argument adjournment is neither requested nor secured from the Court.
Failure to request and secure an adjournment of oral argument from the Court will result in the motion being marked off on the appearance day.
Page 3 | MOTIONS
A summary judgment motion must be electronically filed no later than 60 days after the Notice of Issue is filed.
Summary Judgment Motions: Must be e-filed no later than sixty (60) days after filing of Note of Issue.
Page 3 | MOTIONS
After full submission, the Part Clerk schedules oral argument for the next available motion day and lists the date on eCourts.
After a motion is fully submitted, the Part Clerk will schedule the oral argument on the next available motion day, which date will be listed on eCourts.
Page 3 | MOTIONS
Service and Proof of Service Rules
Copies of letters to the judge must be emailed simultaneously with filing to all counsel and self-represented parties.
LETTERS: Letters to the Judge are strongly discouraged absent an emergency. Letters shall be filed to NYSCEF with copies simultaneously emailed to all counsel and self-represented parties.
Page 2 | COMMUNICATIONS
Pre-Motion Conference Requirements
Opposed, fully submitted substantive motions will be argued in person in Courtroom 355 unless otherwise directed, while unopposed motions will not be scheduled for oral argument.
Oral Argument: All substantive motions that are opposed and fully submitted will be orally argued before the judge in-person in Courtroom 355 (unless otherwise directed). Unopposed motions will not be scheduled for oral argument.
Page 3 | MOTIONS
Adjournment & Extension Requirements
Discovery-conference adjournment requests must be made at least one week before the conference unless an emergency exists, and same-day attorney consent adjournments are not accepted.
Adjournment requests must be made at least one (1) week prior to the conference date, absent an emergency. The Court does not accept Attorney “Consent Adjournments” filed on the day of the conference.
Page 2 | APPEARANCES AT SCHEDULED DISCOVERY CONFERENCES
Parties may not unilaterally adjourn oral argument, even with the opposing party's consent.
Parties may not sua sponte adjourn oral argument, even if on consent.
Page 3 | MOTIONS
An oral-argument adjournment request must be emailed to the Part Clerk, copied to all counsel and self-represented parties, at least one week before the scheduled argument.
Adjournment of Oral Argument Date: Request for adjournment of oral argument must be made by email to the Part Clerk, copied to all counsel and self-represented parties, no later than one (1) week prior to the scheduled oral argument.
Page 3 | MOTIONS
Chambers Communication Rules
Ex parte communications with the court are strictly prohibited, and correspondence must include counsel for all parties and all self-represented parties.
EX PARTE COMMUNICATIONS WITH THE COURT ARE STRICTLY PROHIBITED. Counsel for all parties and all self-represented parties must be included in correspondence with the Court.
Page 1 | COMMUNICATIONS
The draft preliminary conference order must be emailed to the part clerk by noon on the preceding day.
Preliminary Conference Order (“PCO”): Parties shall meet and confer about all discovery matters and submit an agreed upon, signed draft PCO (22 NYCRR 202.12) for the judge’s review and signature by email to the Part Clerk by 12:00 noon on the day prior to the Preliminary Conference.
Page 2 | DISCOVERY CONFERENCES ORDERS
Telephone calls should be directed to the part clerk at the courtroom number, while calls to chambers are prohibited except in an emergency.
TELEPHONE CALLS SHOULD BE DIRECTED TO THE PART CLERK: Contact the Part Clerk at the Courtroom phone number. Telephone calls to chambers are prohibited absent an emergency.
Page 1 | COMMUNICATIONS
Written appearance and status inquiries, conference scheduling and adjournment requests, proposed conference orders, and stipulations should be directed to the part clerk.
ALL WRITTEN COMMUNICATIONS SHOULD BE DIRECTED TO THE PART CLERK: appearance inquiries; status inquiries; requests to schedule conferences; requests to adjourn conferences and motions; submission of proposed conference orders; and submission of all stipulations (discontinuance, adjournment, withdrawal, etc.).
Page 1 | COMMUNICATIONS
Letters to the judge are strongly discouraged except in an emergency and, when submitted, must be filed on NYSCEF with simultaneous email copies to all counsel and self-represented parties.
LETTERS: Letters to the Judge are strongly discouraged absent an emergency. Letters shall be filed to NYSCEF with copies simultaneously emailed to all counsel and self-represented parties.
Page 2 | COMMUNICATIONS
Junior Lawyer Participation Incentives
Courtroom participation by attorneys who enhance diversity in the bar or have been admitted for fewer than five years is strongly encouraged through speaking and leading roles, including oral argument or lead participation in discovery or settlement conferences.
To create opportunities for attorneys whose court participation enhances diversity in the bar or who are admitted to practice fewer than five years, courtroom participation of such attorneys is strongly encouraged. This could be achieved by giving a less senior, knowledgeable colleague speaking and leading roles in the courtroom, such as the oral argument on a motion for which they prepared the papers, or taking the lead in a discovery or settlement conference.
Page 1 | GENERAL