Judge Nicholas Moyne
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order
Court-wide
Adjournments
- Adjournment requests should be submitted at least three business days before the next appearance and are denied if the court does not respond.
Communication
Clerk
Phone
Clerk
Phone
Court-widePhone
Court-wideDocument Format Requirements4 rules
A Microsoft Word version with electronic signatures must be emailed to the Part Clerk for documents requiring Justice Moyne's signature.
Court's wording
Documents requiring Justice Moyne’s signature, including proposed orders and stipulations (e.g., proposed or settled orders, stipulations, or transcripts to be “so- ordered”), must be electronically filed and a Microsoft Word version with electronic signatures emailed to the Part Clerk at SFC-Part41-Clerk@nycourts.gov.
Proposed jury charges and verdict sheets must use an editable MS Word format.
Court's wording
All proposed jury charges and proposed verdict sheets shall be emailed to the Court (ngrafstrom@nycourts.gov, swaldman@nycourts.gov, and SFC- Part41@nycourts.gov) in an editable MS Word (.doc or .docx) format.
If any changes to the PJI are suggested, counsel must submit the full text with all changes red-lined in Word format by email to the Justice’s law clerks.
Emails to the court should have the index number of the action at the beginning of the subject line.
Document Filing Requirements10 rules
Reply papers are prohibited in motions or special proceedings initiated by Order to Show Cause unless expressly permitted.
Court's wording
In accordance with Rule 13(b), section IV, of the Rules of the Justices of the New York County Supreme Court, Civil Branch, no reply papers shall be permitted in connection with motions or special proceedings initiated by order to show cause, except by express permission of the
A motion or special proceeding shall only be initiated by order to show cause where required by statute (see, e.g., CPLR 321[b][2], 5015[a]), these rules, or where emergency interim relief is sought.
All proposed orders to show cause shall include a provision for the service of responsive papers, with a space reserved for the date of service, which shall be filled in by the court.
Within 15 days after entry of the so-ordered caption stipulation, a party directed by the court must serve a copy on the Trial Support Office and separately file and upload the CPLR 8019(c) notice on Form EF-22.
Court's wording
After the court “so orders” the stipulation, one of the parties, as will be directed by the court in the so-ordered stipulation, shall, within 15 days of the entry of the so-ordered stipulation, serve a copy of the so-ordered stipulation upon the Trial Support Office (60 Centre Street, Room 148, New York, NY 10007), and shall separately file and upload the notice required by CPLR 8019(c) on a completed Form EF-22, whereupon the Trial Support Office shall thereupon amend the court records accordingly.
All requests for a so-ordered subpoena shall be accompanied by a brief statement indicating the need for the subpoena to be so-ordered and why such discovery is appropriate.
The plaintiff shall be responsible for filling out the proposed discovery conference order, leaving blank the spaces provided for the next discovery order submission date and note of issue filing deadline, and emailing the completed proposed discovery order to the Part Clerk.
Motions to be relieved as counsel should be made by Order to Show Cause.
Failure to serve the bill of particulars does not bar preparation of a court-directed preliminary conference order, but the order must then specify a bill-of-particulars service deadline.
Court's wording
If the court directs the parties to submit a proposed preliminary conference order, it shall not be an objection to the preparation and submission of such order that the plaintiff has yet to serve a bill of particulars. If that is the case, the preliminary conference order shall specify a deadline for the service of the bill of particulars.
If counsel relies on a Pattern Jury Instruction [PJI] without change, it should be referred to by PJI number and topic, only.
There is no need for the parties to submit a separate stipulation directly to the court for signature.
Filing & Service rules
Electronic Filing Rules
Documents requiring Justice Moyne's signature must be electronically filed, and a Microsoft Word version bearing electronic signatures must be emailed to the Part Clerk.
Documents requiring Justice Moyne’s signature, including proposed orders and stipulations (e.g., proposed or settled orders, stipulations, or transcripts to be “so- ordered”), must be electronically filed and a Microsoft Word version with electronic signatures emailed to the Part Clerk at SFC-Part41-Clerk@nycourts.gov.
Page 2 | 1. Contacting the Court
A stipulation to amend the case caption must be uploaded to NYSCEF and emailed to the part clerk with a request that the court so-order it.
Stipulations to amend the caption in an action shall be uploaded to NYSCEF and emailed to the Part Clerk with a request that the court “so order” the stipulation.
Page 3 | 4. Stipulations Other Than for Adjournments
A discontinuance signed by all attorneys and all unrepresented parties must be uploaded to NYSCEF and emailed to the part clerk.
Stipulations of discontinuance signed by attorneys for all parties and all unrepresented parties in an action shall be uploaded to NYSCEF and emailed to the part clerk at SFC-Part41-Clerk@nycourts.gov.
Page 3 | 4. Stipulations Other Than for Adjournments
A stipulated adjournment must be uploaded to NYSCEF as a signed written stipulation with the specified dropdown designation.
If the parties stipulate to adjourn the initial return date of a motion initiated by notice of motion, or a special proceeding initiated by notice of petition, they shall upload a signed written stipulation to the NYSCEF system and choose the following designation from the drop-down menu: “stipulation-adjournment of motion- submissions part-rm 130.”
Page 3 | 3. Adjournments
A discontinuance lacking all required party or unrepresented-party signatures must be uploaded to NYSCEF and sent to the part clerk with a request that the court so-order it.
Stipulations of discontinuance that are signed by fewer than the attorneys for all parties and all unrepresented parties shall be uploaded to NYSCEF and mailed or emailed to the Part Clerk with a request that the court “so order” the stipulation.
Page 3 | 4. Stipulations Other Than for Adjournments
Parties must not upload a proposed discovery conference order to NYSCEF.
The parties shall not upload any proposed discovery conference order to NYSCEF.
Page 4 | 6. Discovery Conferences and Disputes
If an attorney or unrepresented party seeks a so-ordered subpoena, the proposed subpoena shall be uploaded to NYSCEF and mailed or emailed to the Part Clerk with a request that the court “so order” the subpoena.
If an attorney or unrepresented party seeks a so-ordered subpoena, the proposed subpoena shall be uploaded to NYSCEF and mailed or emailed to the Part Clerk with a request that the court “so order” the subpoena.
Page 4 | 5. So-Ordered Subpoenas
A court-signed subpoena will not be uploaded to NYSCEF; it will instead be emailed to the requester or retrieved in court as directed.
If the court signs the subpoena, the signed copy will not be uploaded to NYSCEF, but, rather, shall be emailed to the attorney or unrepresented party requesting it, or shall be retrieved in the courtroom by that attorney or unrepresented party, as the court directs.
Page 4 | 5. So-Ordered Subpoenas
Filing Timing and Cure Windows
The parties must meet a court-directed discovery conference order deadline or ask the part clerk to extend it.
When the parties are directed by the court to submit a preliminary conference order, compliance conference order, or status conference order by a date certain, they shall adhere to the submission date directed by the court or shall request the Part Clerk to extend the submission deadline.
Page 4 | 6. Discovery Conferences and Disputes
Motions in limine and trial memoranda must be submitted in writing no later than the first day of jury selection; motions in limine must be emailed to the Law Clerks or Judge if requested.
Counsel shall submit motions in limine and trial memoranda in writing to the court as directed but, in any event, not later than the first day of jury selection. Motions in limine shall be e-mailed to the Law Clerks or the Judge directly upon request
Page 5 | 7. Trial Conference
Parties must submit preliminary proposed verdict sheets and requests to charge, citing current PJI sections, preferably before trial and no later than the start of the second day or as instructed by the Court.
The parties shall submit preliminary proposed verdict sheets and requests to charge (subject to amendment), citing the current PJI sections, preferably before the commencement of trial, but not later than the start of the second day or as instructed by the Court.
Page 6 | 7. Trial Conference
Service and Proof of Service Rules
Every letter or email sent to the Part Clerk must be copied to all other attorneys or unrepresented parties appearing in the action.
All letters or emails directed to the Part Clerk shall be copied to all other attorneys or unrepresented parties appearing in the action.
Page 2 | 1. Contacting the Court
Pre-Motion Conference Requirements
No discovery motion may be filed without the express permission of the court.
NOTE THAT NO DISCOVERY MOTIONS ARE PERMITTED WITHOUT EXPRESS PERMISSION FROM THE COURT.
Page 4 | 6. Discovery Conferences and Disputes
Adjournment & Extension Requirements
Adjournment requests should be submitted at least three business days before the next appearance and are denied if the court does not respond.
Adjournment Requests – should be made a minimum of 3 business days before the next appearance. If no response is given, then the request is denied.
Page 3 | 3. Adjournments
A stipulated adjournment extending the return date by more than 60 days requires the judge's signature, obtained through the Motion Support Office's forwarding process.
If the agreed upon return date is more than 60 days after the initial return date, the judge’s signature shall be required, but the Motion Support Office will forward the uploaded stipulation to the court for signature.
Page 3 | 3. Adjournments
If approved, the court will so-order the written adjournment application or issue an interim order changing the motion or petition return date.
If the court approves the request, it shall “so order” the written application or shall issue an interim order adjourning the return date of the motion or petition.
Page 3 | 3. Adjournments
Chambers Communication Rules
Disputed issues may not be litigated by letter or email and must instead be raised through a properly noticed motion or duly scheduled conference unless the court directs otherwise.
Disputed issues arising in the course of an action shall not be litigated via letter or email, but only via a properly noticed motion or at a duly scheduled conference, unless the court directs otherwise.
Page 1 | 1. Contacting the Court
Attorneys and unrepresented parties may not discuss the merits of a case by email or telephone with the Part Clerk.
No attorney or unrepresented party shall discuss the merits of their case in emails or telephone calls to the Part Clerk.
Page 1 | 1. Contacting the Court
Ex parte email and phone communications are prohibited, and all parties must be included in communications with the court.
No ex parte communications are permitted. This includes any/all emails and phone calls. All parties to an action must be included in any communications with the court.
Page 1 | 1. Contacting the Court
A represented party may not contact the court by any means unless expressly directed, and only the party's attorney may contact the court on that party's behalf.
No party represented by an attorney shall call, write, email, or otherwise contact the court, unless expressly directed to do so by the court. If a party is represented by an attorney, only the attorney shall contact the court on behalf of that party.
Page 2 | 1. Contacting the Court
Attorneys and unrepresented parties may not request legal advice or guidance from the court, the Part Clerk, or the Justice's law clerks.
No attorney or unrepresented party shall request legal advice or guidance from the court, including from the Part Clerk or the Justice’s law clerks.
Page 2 | 1. Contacting the Court
Attorneys and unrepresented parties may not telephone chambers, including the Justice's law clerks, unless the court expressly directs them to do so.
No attorney or unrepresented party shall telephone chambers, including the Justice’s law clerks, unless expressly directed to do so.
Page 2 | 1. Contacting the Court
An attorney moving to be relieved as counsel must immediately email the client's telephone number and email address to the Part Clerk after serving the motion papers.
Attorneys moving to be relieved as counsel shall, immediately after they serve their motion papers, provide the court with their clients’ contact information, including telephone number and email address, by emailing that information to SFC-Part41-Clerk@nycourts.gov.
Page 2 | 2. Motions
All proposed jury charges and verdict sheets must be emailed to the Court in an editable MS Word format.
All proposed jury charges and proposed verdict sheets shall be emailed to the Court (ngrafstrom@nycourts.gov, swaldman@nycourts.gov, and SFC- Part41@nycourts.gov) in an editable MS Word (.doc or .docx) format.
Page 6 | 7. Trial Conference
The Part Clerk does not accept deliveries or answer email or telephone communications between 1:00 and 2:15 P.M. or after 4:00 P.M.
The Part Clerk is unable to accept deliveries or answer emails or phone calls between 1:00 and 2:15 P.M. or after 4:00 P.M.
Page 1 | 1. Contacting the Court
Telephone calls to the Part Clerk are limited to scheduling or logistical issues, notice of a withdrawn motion or settled or discontinued action, and requests for rulings at depositions.
Attorneys or unrepresented parties may telephone the Part Clerk only with respect to scheduling or logistical issues, to inform the Part Clerk that a motion is being withdrawn or that an action has been settled or discontinued, or with respect to requests for rulings at depositions.
Page 2 | 1. Contacting the Court
When the opposing party refuses a stipulated adjournment, the requesting party may email a written request to the part clerk.
If one party seeks an adjournment of a motion or petition, but the other party refuses to stipulate to the adjournment, the party seeking the adjournment may submit a written request to the court by emailing it to SFC-Part41-Clerk@nycourts.gov.
Page 3 | 3. Adjournments
Do not contact the court about the status of a motion decision unless the matter is time sensitive.
Please do not contact the court with inquiries regarding the status of a decision on a motion unless the matter is time sensitive.
Page 3 | 1. Contacting the Court
If the parties cannot agree on a discovery conference order, they must request a conference by contacting the part clerk.
If the parties cannot agree to the terms and contents of a discovery conference order, they shall request a conference by contacting the Part Clerk.
Page 4 | 6. Discovery Conferences and Disputes
The part clerk must schedule a discovery conference on the first available date and provide the parties with conference information.
The Part Clerk shall thereupon schedule a conference on the first available date and provide the parties with information concerning the conference.
Page 4 | 6. Discovery Conferences and Disputes