Judge David S. Zuckerman
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 motion adjournment request is void unless it is both filed on NYSCEF and emailed to the Motion Support Clerk, and it must be made at least two business days before the return date with notice to all parties.
Communication
Clerk
Clerk
Phone
Clerk
Clerk, Chambers
Phone
Court-wideLetter via fax
Court-wideClerk
Document Format Requirements4 rules
The verdict sheet shall be in a final, typewritten form, which may be used given by the court to the jury.
- Verdict sheet
Formatting
- •Final, typewritten form
In addition, the proposed verdict sheet(s) shall be submitted in Word format and e-mailed to the Judge’s Principal Law Clerk Ray Mechmann at jmechman@nycourts.gov.
- File type
- Word
- Verdict sheet
In addition, such proposals shall be prepared in Word format and e-mailed to the Judge’s Principal Law Clerk at jmechman@nycourts.gov.
- File type
- Word
Working copies are not required unless specifically directed; when required, the working copy must include the NYSCEF Confirmation Notice as a firmly fastened cover page.
Court's wording
A. Working Copies: This Part does not require working copies unless otherwise directed in a particular matter. In the event that the Part requires a working copy, the working copy shall have the Confirmation Notice generated by the NYSCEF system, showing that the documents have been e-filed, firmly fastened thereto as a cover page.
Document Filing Requirements13 rules
A motion seeking temporary injunctive relief must demonstrate compliance with the specified Uniform Rules notice requirements.
Court's wording
When an order to show cause seeks temporary injunctive relief, including, but not limited to, a stay or a ===== PAGE 6 ===== temporary restraining order, counsel for the moving party or any self-represented party shall demonstrate compliance with §§202.7(f), 202.8(d), and 202.8-e of the Uniform Rules for the New York State Trial Courts regarding notice to affected parties.
On an order to show cause which seeks injunctive relief, the moving papers shall set forth compliance with §§202.8(d), 202.8-d and 202.8-e of the Uniform Rules for the New York State Trial Courts.
AI counsel and self-represented parties must disclose any AI-generated portion of a written submission and identify the portion generated using AI.
- Document
- Written submission
Must include
- •AI disclosure
Court's wording
J. Artificial Intelligence Counsel and any self-represented party must disclose to the court if any portion of their written submission to the Court was generated by any form of artificial intelligence and if so, what portion thereof utilized this form of technology.
Any party seeking a written order shall submit to the court a proposed order supported by a copy of the transcript of the proceedings at which the bench decision was rendered.
Immediately prior to commencement of the trial, all transcripts of testimony that may be used either to refresh a witness’ recollection or for cross-examination shall be provided to the court.
4. Provide the court with a copy of all prior decisions and orders in the case that may be relevant to any in limine applications or evidentiary or legal issues,
A proponent using a transcript as evidence-in-chief must provide the court a complete copy with page-and-line citations immediately before trial.
Court's wording
If any part of a transcript of an examination before trial or other recorded proceeding will be read as evidence- in-chief, the proponent of the transcript shall provide a complete copy of it to the court immediately prior to commencement of the trial, with citations to the page and line numbers for all portions to be read.
Where deviations from, or additions to, the PJI are requested, or where an instruction has a space for facts or other information to be filled in, the full text of such requests or insertions must be submitted in writing, together with any supporting legal precedents.
At the final charge conference, if marshaling of the evidence is required as to a particular jury charge, counsel and all self-represented parties shall provide the Court with the proposed facts they seek to be presented to the jury.
In all jury trials, a complete list of requests to charge shall be submitted to the court immediately prior to commencement of trial, with copies provided to all other counsel and self-represented parties.
At the commencement of the trial, counsel for the parties and any self-represented parties shall jointly prepare a verdict sheet.
L. Artificial Intelligence Counsel and any self-represented party must disclose to the court if any portion of their written submission to the Court was generated by any form of artificial intelligence and if so, what portion thereof utilized this form of technology.
If a requested charge is drawn from the current Pattern Jury Instructions (PJI), only the PJI number need be submitted.
Filing & Service rules
Electronic Filing Rules
When an action is settled, discontinued, or otherwise disposed of, counsel and self-represented parties must immediately notify the court and file the Stipulation of Discontinuance through NYSCEF in an e-filed case or with the County Clerk in a non-e-filed case.
C. Settlements and Discontinuances: If an action is settled, discontinued, or otherwise disposed of, counsel and self-represented parties shall immediately inform the court by letter, along with a copy of the Stipulation of Discontinuance, and, in an e-filed case, by filing the Stipulation via NYSCEF. In a non e-filed case, the Stipulation of Discontinuance must be filed with the County Clerk, with a copy provided to Chambers. The court will not mark any matter settled unless these directions have been complied with.
Page 3 | I. General Rules — C. Settlements and Discontinuances
Documents in mandatory e-filed cases must generally be filed through NYSCEF, including proposed orders, judgments, and letters, subject to the stated opt-out and consent exceptions.
B. Electronic Filing: All documents filed in mandatory e-filed cases, except those documents subject to the “opt out” provision of § 202.5-bb of the Uniform Rules for the New York State Trial Courts, or documents subject to e-filing in which consent is being withheld, are to be filed through the New York State Courts E-Filing System (NYSCEF). All submissions to the court, including proposed orders, judgments and letters must be electronically filed.
Page 4 | II. E-Filing Rules and Protocol — B. Electronic Filing
Except for requests to adjourn an Order to Show Cause, a motion adjournment request must be both filed on NYSCEF and emailed to the Motion Support Clerk.
Other than as relates to requests to adjourn an Order to Show Cause, which is made directly to the assigned Part, once a motion has been filed, any request for an adjournment must be both: (1) filed on NYSCEF; and (2) sent, via e-mail, to the Motion Support Clerk at MotionSupportWestchester@nycourts.gov.
Page 6 | G. Motion Adjournments
The court does not accept any papers by fax unless the court gives prior approval.
D. Papers by Fax: The court does not accept papers of any kind by facsimile transmission without prior court approval.
Page 3 | I. General Rules — D. Papers by Fax
Filing Timing and Cure Windows
Opposing papers must be submitted at 9:30 a.m. on their scheduled due date.
Opposing papers are due at 9:30 a.m. on the date that said papers are due.
Page 7 | III. Motion Practice Rules, I. Opposing Papers
When the moving party invokes CPLR § 2214(b), opposition papers are due by 9:30 a.m. seven days before the motion's return date.
Please further note that, where the moving party has sought to utilize CPLR §2214(b), papers opposing the motion are due no later than 9:30 a.m., 7 days before the return date of the motion.
Page 7 | III. Motion Practice Rules, I. Opposing Papers
Opposition papers submitted after the applicable 9:30 a.m. deadline will not be accepted, whether submitted electronically or in hard copy.
Papers delivered to the court after that time, whether e-filed or delivered in hard copy, will not be accepted on the motion.
Page 7 | III. Motion Practice Rules, I. Opposing Papers
Service and Proof of Service Rules
E-filing parties must serve documents in hard copy on non-e-filing participants and electronically file proof of that service.
E-filing parties must serve documents in hard copy on parties who have not recorded their participation in e-filing and e-file proof of such service.
Page 7 | III. Motion Practice Rules, K. Motion Decisions and Orders, 1. Written Decisions
If the parties cannot agree on a verdict sheet, each party must present a proposed verdict sheet and serve it on all other parties.
If agreement cannot be reached, each party shall present a proposed verdict sheet which shall be served upon all other parties.
Page 11 | IV. Trial/Hearing Practice Rules
Pre-Motion Conference Requirements
Any counsel or unrepresented party may request a discovery conference within eight days after service of the motion, and failure to request one may result in summary denial.
The application for a discovery conference may be made by any counsel or unrepresented parties and must be submitted within eight (8) days of service of the motion. Failure to request a discovery conference may result in summary denial of the motion.
Page 5 | C. Discovery Disputes for Cases Assigned to this Part
Prior to seeking judicial intervention by motion, counsel and/or unrepresented parties shall communicate with each other and attempt to resolve or limit any discovery issues. The court endeavors to resolve discovery disputes promptly, and parties who cannot resolve a discovery dispute must seek a court conference, which may be held telephonically, virtually or in person, before moving for relief.
Prior to seeking judicial intervention by motion, counsel and/or unrepresented parties shall communicate with each other and attempt to resolve or limit any discovery issues. The court endeavors to resolve discovery disputes promptly, and parties who cannot resolve a discovery dispute must seek a court conference, which may be held telephonically, virtually or in person, before moving for relief.
Page 5 | C. Discovery Disputes for Cases Assigned to this Part
Adjournment & Extension Requirements
A motion adjournment request is void unless it is both filed on NYSCEF and emailed to the Motion Support Clerk, and it must be made at least two business days before the return date with notice to all parties.
Any request for an adjournment that is not both filed on NYSCEF and e-mailed to the Motion Support Clerk shall be rendered a nullity. The parties are reminded that, under the Westchester Supreme Court Civil Case Management Rules: (1) such requests must be made “at least two (2) business days prior to the return date, on notice to all parties;”
Page 6 | G. Motion Adjournments
The total adjournment period for a motion may not exceed 60 days.
(4) a motion may be adjourned a maximum of sixty (60) days.
Page 7 | III. Motion Practice Rules
A motion may be adjourned no more than three times.
(3) a motion may be adjourned a maximum of three (3) times;
Page 7 | III. Motion Practice Rules
A single adjournment request may not seek more than 30 days.
(2) any single request for an adjournment may seek an adjournment no greater than thirty (30) days;
Page 7 | III. Motion Practice Rules
An adjournment request for an appearance should normally be submitted no later than noon on the last business date before the appearance date.
H. Scheduling: Counsel and any self-represented party should address questions about scheduling appearances or adjourning appearances to the Part Clerk Ms. Meyers via e-mail at lmeyers@nycourts.gov. Requests for adjournments of appearances should normally not be made any later than 12 noon on the last business date prior to the appearance date.
Page 3 | I. General Rules — H. Scheduling
Chambers Communication Rules
Ex parte communications are prohibited except with all counsel's consent for limited scheduling or order-presentation matters, or when otherwise permitted by law.
F. Ex Parte Communications: Ex parte communications are strictly prohibited except upon consent of all counsel, with respect to scheduling matters, presentation of orders to show cause for signature, or where otherwise permitted by law.
Page 3 | I. General Rules — F. Ex Parte Communications
Jury-charge proposals must be emailed to the Judge’s Principal Law Clerk at jmechman@nycourts.gov.
In addition, such proposals shall be prepared in Word format and e-mailed to the Judge’s Principal Law Clerk at jmechman@nycourts.gov.
Page 11 | IV. Trial/Hearing Practice Rules
Proposed verdict sheets must be emailed to the Judge’s Principal Law Clerk, Ray Mechmann.
In addition, the proposed verdict sheet(s) shall be submitted in Word format and e-mailed to the Judge’s Principal Law Clerk Ray Mechmann at jmechman@nycourts.gov.
Page 11 | IV. Trial/Hearing Practice Rules
Counsel and self-represented parties should email Part Clerk Ms. Meyers at lmeyers@nycourts.gov about scheduling or adjournment of appearances, and adjournment requests should normally be made no later than noon on the last business date before the appearance.
H. Scheduling: Counsel and any self-represented party should address questions about scheduling appearances or adjourning appearances to the Part Clerk Ms. Meyers via e-mail at lmeyers@nycourts.gov. Requests for adjournments of appearances should normally not be made any later than 12 noon on the last business date prior to the appearance date.
Page 3 | I. General Rules — H. Scheduling
A discovery conference may be requested by emailing a one-page letter application to Part Clerk Ms. Meyers and then uploading the request to NYSCEF.
A discovery conference may be obtained by submitting a letter application, not exceeding one (1) page in length, to the Part Clerk Ms. Meyers via e-mail at lmeyers@nycourts.gov and subsequently uploading the request to NYSCEF.
Page 5 | C. Discovery Disputes for Cases Assigned to this Part
Questions about local e-filing procedures should be directed to the Office of the Chief Clerk at 914-824-5300.
Specific questions about local procedures should be addressed to the Office of the Chief Clerk, Westchester County Supreme and County Courts, at 914-824-5300.
Page 4 | II. E-Filing Rules and Protocol — B. E-Filing Questions