Judge David J. Squirrell
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Court-wide- 1 copy • Following Initial Notification
Courtesy copies
Court-wide- Civil, Pro Se:
- Not required
- Civil, Pro Se:Within 48 Hours
Note of Issue and Certificate of Readiness
Court-wide- Within Two Business Days
Stipulation of Discontinuance
Court-wide- 1 copy
Adjournments
- A request to adjourn a motion's return date must be emailed in writing to the Motion Support Clerk at least two business days before the return date, with notice to all parties.
- A written application to adjourn a conference must be submitted through NYSCEF at least 48 hours in advance, identify good cause and the parties' positions, suggest an adjournment period, and receive Court approval.
Communication
Document Format Requirements5 rules
If any party submits any audio/visual exhibits in support of a motion, such submission must be submitted to the Court on a USB drive and filed in accordance with NYCRR 202.5-b(d)(7).
All papers submitted in connection with motions shall bear page numbers.
- Motion
Formatting
- •All papers submitted in connection with motions must bear page numbers
The proposed verdict sheet shall also be submitted to 9jd-judgesquirrell@nycourts.gov in MS WORD format.
- File type
- Word
- Verdict sheet
A proposed verdict sheet must be in a final typewritten form sufficient to submit to the jury.
- Verdict sheet
Formatting
- •Must be in final typewritten form
Motions brought by a party after jury trial pursuant to CPLR 4403 or CPLR 4404 must be supported by a copy of the trial transcript.
Document Filing Requirements12 rules
The parties shall jointly prepare and submit a verdict sheet to the Court.
If deviations from, or additions to, the PJI are requested, the full text of such requests must be submitted in writing, together with any supporting legal precedent.
In all jury trials, a complete list of requests to charge shall be submitted to the Court immediately upon commencement of trial, with copies to be provided to all other counsel and self-represented parties.
At the commencement of trial, each party must provide a list of anticipated witnesses and anticipated exhibits.
The Exhibit List shall list the exhibits by the pre-marked Exhibit number and indicate whether a stipulation has been made as to the admissibility of any trial exhibit.
If a requested charge is drawn from the current Pattern Jury Instructions (PJI), only the number of the same need be submitted.
If agreement cannot be reached as to the same, each party shall prepare and submit a proposed verdict sheet to the Court and other parties.
The Witness List, which shall include the name of each witness the party anticipates calling on their direct case, as well as a brief offer of proof as to the anticipated testimony.
Unless otherwise directed by the Court, in accordance with the schedule set by the Court at the conclusion of any bench-trial or hearing, the parties shall jointly submit a trial transcript, and each party shall prepare and submit a post- trial memorandum.
Unless otherwise directed by the Court, in accordance with the schedule set by the Court at the conclusion of any bench-trial or hearing, the parties shall jointly submit a trial transcript
Following the initial notification, counsel shall file a fully executed duplicate original stipulation of discontinuance with the County Clerk and the Part Clerk.
All correspondence to the Court shall be via NYSCEF and copied to all parties and set forth the name and Index number of the case to which it pertains.
- Document
- Correspondence
Must include
- •Case number
Filing & Service rules
Electronic Filing Rules
All court submissions, including correspondence, proposed orders, and proposed judgments, must be made through NYSCEF unless the Court specifically requests otherwise.
Unless otherwise specifically requested, all submissions to the Court, including, but not limited to, correspondence to the court, proposed orders, proposed judgments and other documents pertaining thereto must be submitted through NYSCEF.
Page 1 | E-FILING RULES OF THE COURT
Correspondence to the Court must be filed through NYSCEF, copied to all parties, and identify the case name and index number.
All correspondence to the Court shall be via NYSCEF and copied to all parties and set forth the name and Index number of the case to which it pertains.
Page 1 | I. COMMUNICATION WITH THE COURT
A settlement submission emailed to the Court should not be uploaded to NYSCEF.
This should not be uploaded to NYSCEF.
Page 2 | D. Settlement Conferences
Filing Timing and Cure Windows
The parties must immediately notify the court when a matter is settled or discontinued.
The parties shall immediately notify the Court of a settled or discontinued matter.
Page 5 | Settled and Discontinued Cases
Service and Proof of Service Rules
Correspondence to the Court must be copied to all parties.
All correspondence to the Court shall be via NYSCEF and copied to all parties and set forth the name and Index number of the case to which it pertains.
Page 1 | I. COMMUNICATION WITH THE COURT
Requests to adjourn a motion's return date must include notice to all parties.
In accordance with the Westchester Supreme Court Civil Case Management Rules, requests to adjourn the return date of a motion must be made in writing to the Motion Support Clerk by e-mail to MotionSupportWestchester@nycourts.gov at least two (2) business days prior to the return date, on notice to all parties.
Page 3 | IV. MOTION PRACTICE — A. Motion Calendar and Appearances
When a pending motion or branch becomes moot or academic before the Court rules, the parties must immediately notify the Court and withdraw it in writing.
IF A PENDING MOTION IS RESOLVED OR OTHERWISE RENDERED ACADEMIC OR MOOT PRIOR TO A DETERMINATION BY THE COURT, THE PARTIES ARE TO IMMEDIATELY NOTIFY THE COURT OF THE SAME AND WITHDRAW, IN WRITING, THE MOTION, OR ANY BRANCH OF THE MOTION, WHICH HAS BEEN RESOLVED OR RENDERED MOOT OR ACADEMIC.
Page 4 | IV. MOTION PRACTICE
Copies of the complete list of jury-charge requests must be provided to all other counsel and self-represented parties at the commencement of trial.
In all jury trials, a complete list of requests to charge shall be submitted to the Court immediately upon commencement of trial, with copies to be provided to all other counsel and self-represented parties.
Page 4 | III. TRIALS — C. Jury Charges
Pre-Motion Conference Requirements
An unresolved disclosure or bill-of-particulars dispute must be raised with the Court for a conference, and a related motion may be filed only with Court authorization after the conference fails to resolve it.
Therefore, if a dispute over disclosure or a bill of particulars arises that cannot be resolved by the parties’ own diligent, good faith efforts, the aggrieved party shall notify the Court and a conference will be scheduled. A motion related to disclosure, or a bill of particulars is not to be made by any party, in any type of proceeding, unless authorized by the Court after conferencing fails.
Page 3 | IV. MOTION PRACTICE — C. Disclosure Motions
Adjournment & Extension Requirements
A request to adjourn a motion's return date must be emailed in writing to the Motion Support Clerk at least two business days before the return date, with notice to all parties.
In accordance with the Westchester Supreme Court Civil Case Management Rules, requests to adjourn the return date of a motion must be made in writing to the Motion Support Clerk by e-mail to MotionSupportWestchester@nycourts.gov at least two (2) business days prior to the return date, on notice to all parties.
Page 3 | IV. MOTION PRACTICE — A. Motion Calendar and Appearances
A written application to adjourn a conference must be submitted through NYSCEF at least 48 hours in advance, identify good cause and the parties' positions, suggest an adjournment period, and receive Court approval.
Applications to adjourn conferences must be made in writing and submitted to the Court via NYSCEF, no later than forty-eight (48) hours in advance of the scheduled conference. The application must set forth (1) good cause for the adjournment; (2) whether the other parties to the action consent or object to the adjournment; and (3) shall suggest an approximate time period for the adjournment.
Page 3 | E. Adjournments
A conference adjournment request is ineffective without Court approval, even when all parties consent.
A request for an adjournment, even if on consent of all parties, is NOT effective unless and until approved by the Court.
Page 3 | E. Adjournments
After filing a summary-judgment motion, a request to adjourn its return date must be sent as written correspondence to the Motion Support Unit at the stated email address.
Once the motion has been filed, any request to adjourn the return date must be submitted to the Motion Support Unit via written correspondence to MotionSupportWestchester@nycourts.gov
Page 3 | IV. MOTION PRACTICE — B. Summary Judgment Motions
Chambers Communication Rules
Ex parte communications with the Court are prohibited except when submitting an Order to Show Cause for signature or when all parties consent during settlement negotiations.
Ex parte communications with the Court are strictly prohibited, except where an Order to Show Cause is submitted for signature, or upon consent of all parties during settlement negotiations.
Page 1 | I. COMMUNICATION WITH THE COURT
The Court will not entertain requests for adjournments made by telephone.
Requests for adjournments WILL NOT be entertained by telephone.
Page 1 | I. COMMUNICATION WITH THE COURT
Telephone calls to the Court are reserved for immediate matters that cannot be addressed through written correspondence.
Telephone calls shall be limited to situations requiring immediate attention which cannot be addressed by written correspondence.
Page 1 | I. COMMUNICATION WITH THE COURT
Correspondence between attorneys or pro se litigants should not be filed with the Court unless the Court must be made aware of it for a specific purpose.
Correspondence between attorneys and/or pro se litigants shall not be copied to the Court absent some specific purpose for the Court to be made aware of the same.
Page 1 | I. COMMUNICATION WITH THE COURT
At least one week before a settlement conference, each party may email the Court a settlement submission briefly stating its position on contested issues and including useful material.
At least one week prior to any settlement conference, each party may email a settlement submission to the Court at 9jd- judgesquirrell@nycourts.gov This should briefly set forth the party’s position on any contested issue and should also contain any material that may be considered useful to the Court.
Page 2 | D. Settlement Conferences