Judge James L. Hyer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Working Copy
- Chambers Drop Off • Within 24 Hours
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
Adjournments
- A conference adjournment request must be submitted in writing through NYSCEF at least two full business days before the conference, unless it is an emergency or falls under Section C(a).
- Every adjournment application must state the reason, the opposing parties’ consent or objection, and the requested duration or three available dates and times when consent is obtained, and the communication must be copied to all counsel and self-represented parties.
- A non-consent adjournment request must explain why the adjournment is necessary, how long it should last, and why the non-consenting party declined consent.
Request must include
Page & Word Limits1 rule
Absent express permission obtained in advance from the Court, briefs/memoranda of law are limited to twenty (20) pages each, and affirmations and affidavits are limited to fifteen (15) pages each.
- Brief
- Up to 20 pages
Document Format Requirements9 rules
The working copy of a motion must include all documents filed in support of the motion, including exhibits with external tabs.
Except by permission of the Court, all motion papers and Orders to Show Cause must be typewritten (minimum 12-point type), double-spaced, and entirely legible, including exhibits.
- Font size
- At least 12 points
- Line spacing
- Double
Deposition/Examination before Trial transcripts included as exhibits must be single, front-faced pages only. Parties shall not submit manuscripts.
- Deposition transcript
Formatting
- •Parties shall not submit manuscripts
Bindings or fastenings either on the top of left-side of the page shall not encroach upon, delete, or otherwise omit the content of the papers. Do not bind papers with heavy-duty staples.
Working copies of proposed judgements, orders and separation agreements must be separated from the motion submission for ease of uploading.
A tabbed Trial Notebook must be provided at the Pre-Trial Conference, with exhibits placed in a separate tabbed binder.
- Binding
- Tabbed binder
- Trial notebook
Formatting
- •Each section must be tabbed
Court's wording
At the Pre-Trial Conference, the Court shall be provided with a Trial Notebook with the following included with tabs for each section (except for exhibits which shall be in a separate binder with tabs):
Plaintiffs shall designate exhibits by number; Defendants shall designate exhibits by letter. Exhibit lettering or numbering should not begin anew for subsequent papers submitted by the same party.
- Exhibits
Formatting
- •Plaintiffs shall designate exhibits by number
- •Defendants shall designate exhibits by letter
Reference to exhibits longer than ten (10) pages shall indicate the page number on which the information cited is contained. Should the exhibit not contain page numbers, the exhibit shall be bates-stamped.
- Exhibits
- More than 10 pages
Citations to legal authority must be to the official citations.
Document Filing Requirements15 rules
Every pleading, written motion and other paper served or filed in an action must be signed by an attorney pursuant to § 130-1.1a of the Rules of the Chief Administrator of the Courts.
However, all e-mails should be brief and concise, stating the relief or action requested to be taken by the Court. All e-mails to the Court must bear the full Title and Index Number of the action and indicate that a copy was sent to all other counsel or self-represented litigant(s) simultaneously with transmittal to the Court.
The record of appearance must identify counsel and the represented party, provide counsel’s contact information, and acknowledge familiarity with the Part Rules.
Court's wording
The record of appearance shall include the attorney’s name, firm affiliation, e-mail address, mailing address, telephone and facsimile numbers, as well as the party represented. The record of appearance shall also contain a written acknowledgement that counsel is familiar with these Part Rules.
All correspondence to the Court must bear the full Title and Index Number of the action and indicate that a copy was sent to all other counsel or self-represented litigant(s) simultaneously with transmittal to the Court.
Every working copy must include the NYSCEF Confirmation Notice and comply with the applicable e-filing protocols; a working copy lacking the notice will be rejected.
Court's wording
All working copies must include a copy of the NYSCEF Confirmation Notices and must comply with all the requirements of the Westchester County and Supreme Court E-Filing Protocols. The Confirmation Notice is generated when the case is e-filed and is available in the specific file at http://www.nycourts.gov/efile. Working copies that do not include a NYSCEF Confirmation Notice will be rejected.
Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will be returned, unless an Affidavit of Service and Notice of Settlement for a date designated in accordance with 22 NYCRR § 202.48 has been included.
All subpoenas seeking the production of medical (or other) records subject to HIPAA Rules shall attach a duly executed authorization permitting the release of such records.
In accordance with the Court's schedule, each party must submit and upload the proceeding transcript to NYSCEF for the appellate record.
Court's wording
In accordance with the schedule set by the Court, the parties must submit and upload to NYSCEF: (1) a transcript of the proceeding; (2) closing memoranda; and (3) any other documents required to complete the record for purposes of appeal.
A party intending to use a videotape or other video recording at trial must submit a copy to the Court at least two weeks before trial.
Court's wording
If a party intends to use a videotape at trial, that party shall submit a copy of the videotape (or other video recording) and transcript of the proceedings, if applicable, to the Court at least two (2) weeks prior to the scheduled trial date in order to allow the Court to rule on the admissibility of the videotape (or other video recording), and any objections made during the video recording.
Court evaluators and appointed attorneys must complete and file each of the following forms: i. Notice of Appointment (UCS 830.1)
Proposed exhibits must be submitted in a ringed notebook with a table of contents, party-specific numbering, and external tabs separating each exhibit.
- Document
- Exhibits
Must include
- •Table of contents
Court's wording
Copies of all exhibits intended to be offered must be presented to the Court in a ringed notebook with a table of contents, with Plaintiff’s exhibits numbered, and Defendant’s exhibits lettered in the order in which they are generally intended to be used, with external tabs separating each exhibit.
Oral argument is not required unless the court directs it, and a party may request argument by stating “Oral Argument Requested” above the Index Number on the first page; the request is not automatically granted, and the requesting attorney must notify the other attorneys if argument is granted.
- Document
- Motion papers
- Placement
- First page
Must include
- •Oral Argument Requested
Court's wording
There will be no oral argument required on any motion or Order to Show Cause unless directed by the Court. Parties seeking oral argument of a motion or Order to Show Cause may request that oral argument be heard by stating “Oral Argument Requested” above the Index Number on the first page of the papers submitted. If the Court grants the request for oral argument, the Court staff will inform the requesting party’s attorney of the date and time for argument. It is the responsibility of that person to inform all other attorneys of the date and time set, and failure to do so may result in sanctions. A request for oral argument should not be construed as an automatic grant of the same.
In non-e-filed cases, a proposed Order to Show Cause must include the movant’s email address, or a self-represented movant without email must provide a telephone number for arranging pickup of the signed order.
Court's wording
Proposed Orders to Show Cause submitted for consideration by the Court, in non-efiled cases, must include an email address to permit a confirmed copy of the signed Order to be sent to the movant. If a self-represented litigant does not have an e-mail address, a telephone number shall be provided so the Court can contact the self-represented litigant to arrange pick-up of the signed Order.
All papers which are submitted for signature by the Court shall be identified on the signature page so that the document being signed by the Court can be identified. Example: Jones v. Jones, Index #/year, Type of Document (Judgment of Divorce, etc.).
- Document
- Papers submitted for signature
- Placement
- Signature block
Where the Court issues a Bench Decision and a party desires a written Decision or Order, the party may submit a proposed Order to the Court, together with the transcript of the proceedings at which the Bench Decision was rendered to be “So Ordered.”
Filing & Service rules
Electronic Filing Rules
Documents in mandatory e-filed cases generally must be filed electronically through NYSCEF, subject to the stated opt-out and consent exceptions, and all other submissions except specified correspondence must be electronically filed.
All documents in mandatory e-filed cases, except documents subject to the opt-out provision of § 202.5-bb of the Uniform Rules, 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, except correspondence as per these Rules (see Section C[a], supra), must be electronically filed.
Page 5 | D. E-Filing Rules & Protocol
Counsel must immediately notify the Court of an action's or proceeding's settlement or withdrawal by email or NYSCEF.
Counsel must notify the Court by email or NYSCEF of the settlement, or withdrawal, of any action or proceeding immediately upon such settlement or withdrawal.
Page 13 | Q. Settled and Discontinued Cases
Filing Timing and Cure Windows
Each attorney must file a record of appearance with Chambers within ten days after the earlier of written notice of assignment to the case or written notice of a Preliminary Conference.
Within ten (10) days of written notification of this Part’s assignment to a case, or written notification of a Preliminary Conference, whichever shall first occur, each attorney shall file a record of appearance with Chambers.
Page 4 | A. Appearances
Counsel must file specific deficiency notices at least 24 hours before a scheduled Compliance Conference, with failure potentially resulting in waiver or preclusion.
At least twenty-four (24) hours prior to any scheduled Compliance Conference, counsel shall file deficiency notices setting forth with specificity any alleged discovery deficiencies, as the failure to do so may result in a waive and/or preclusion.
Page 8 | Court Conferences
Counsel must exchange proposed-exhibit notebooks at least seven business days before the Pre-Trial Conference; untimely submissions may result in preclusion.
Counsel shall exchange their notebooks with proposed exhibits at least seven (7) business days prior to the Pre-Trial Conference. Failure to timely submit an exhibit list and proposed exhibits may result in preclusion.
Page 9 | g. Pre-Trial Conferences
Applications concerning evidentiary or trial-related preclusion must be raised immediately, filed in writing to be returnable on the Pre-Trial Conference date, and noticed at least seven days in advance.
Any applications addressing the preclusion of evidence, testimony or other trial related matters shall be brought to the attention of the Court immediately upon counsel becoming aware of such matter to be addressed, and at the latest, must be in writing and made returnable on the day of the Pre-Trial Conference. Such motions must be made on no less than seven (7) days’ notice to opposing counsel and/or self-represented parties.
Page 10 | F. Motions in Limine
Motions in Limine must be written and returnable on the Pre-Trial Conference date, noticed at least ten days in advance, with opposition noticed at least five days in advance and no reply permitted.
Motions in Limine must be in writing and made returnable on the day of the Pre- Trial Conference. Such motions must be made no less than ten (10) days’ notice to opposing counsel and/or self-represented parties. Opposition submissions must be made no less than five (5) days’ notice to opposing counsel and/or self-represented parties. No reply submissions may be made.
Page 10 | F. Motions in Limine
Service and Proof of Service Rules
Counsel are designated agents for serving subpoenas on their clients under CPLR § 2303-a.
Counsel are reminded that they are designated agents for service of subpoenas on their clients under CPLR § 2303-a.
Page 12 | I. Trial Subpoenas
Courtesy Copy Requirements
Required working copies must be mailed or hand-delivered to Chambers within 24 hours after e-filing and no later than the return date or notice of settlement date.
All working copies shall be submitted to Chambers, by mail or hand delivery, within twenty-four (24) hours of e-filing and no later than the return date or notice of settlement date.
Page 5 | D. E-Filing Rules & Protocol
Working copies are generally not required in e-filed cases, but are required for motions with large records, and filers must ask Chambers when uncertain.
In e-filed cases, working copies of all legal papers which require judicial action are not required, except in motions with large records to be reviewed. When in doubt, counsel and self-represented litigants MUST contact Chambers and ask if working copies are needed.
Page 5 | D. E-Filing Rules & Protocol
Except in e-filed cases, counsel must submit a self-addressed stamped envelope with moving or opposition papers so the decision or order may be mailed; the case name, Index Number, and motion return date should appear on the envelope.
All counsel shall submit a self-addressed stamped envelope with their moving or opposition papers (except in e-filed cases), and to allow a copy of the Decision and/or Order to be mailed to the party. The case’s name and Index Number, and return date of the motion, should appear on the envelope.
Page 12 | Motions/Orders to Show Cause/Temporary Restraining Orders: c. General Rules
Filing Bundling Requirements
Oversized papers may be rejected or not considered, and motion papers may include only moving, opposing, and reply papers because sur-reply papers are prohibited.
Papers exceeding these limitations may not be considered, or may be rejected, by the Court. Motion papers are limited to Moving Papers, Opposing Papers, and Reply Papers. Sur-Reply papers are not permitted.
Page 11 | Motions/Orders to Show Cause/Temporary Restraining Orders: c. General Rules
Pre-Motion Conference Requirements
Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute and must then notify the court by a letter of no more than three pages describing the dispute and resolution efforts.
The parties are not to make any motion concerning discovery without first having attempted to resolve the issue(s). If counsel cannot resolve the discovery issue between themselves after a good faith effort, then the counsel who believes that the discovery is not being conducted in accordance with the Court’s Order is to contact the Court by letter, limited to three pages, to advise of the nature of the dispute and the efforts that have been made to attempt to resolve it.
Page 8 | Court Conferences
Except in emergencies, a party must obtain court approval and submit a written request explaining the issues warranting briefing before filing a motion; failure to seek permission may result in denial of the Order to Show Cause.
ALL MOTIONS, EXCEPT IN EMERGENCIES, REQUIRE COURT APPROVAL PRIOR TO BEING FILED. A party that wishes to make a motion must submit a written request briefly explaining the issue(s) that warrant briefing. Failure to seek permission may result in the Court declining to sign the Order to Show Cause.
Page 11 | Motions/Orders to Show Cause/Temporary Restraining Orders: c. General Rules
All motions and cross-motions may be filed only by Order to Show Cause.
Parties may only file motions and cross motions by Order to Show Cause.
Page 11 | Motions/Orders to Show Cause/Temporary Restraining Orders: c. General Rules
When a protective order prohibits contact with the opposing party, the party must contact the Part Clerk about the discovery noncompliance instead of contacting the opposing party.
Exception: Where an Order of Protection prohibits one party from contacting another party, the party who believes that discovery is not being complied with shall contact the Part Clerk without contacting the opposing party.
Page 8 | Court Conferences
Adjournment & Extension Requirements
Every adjournment application must state the reason, the opposing parties’ consent or objection, and the requested duration or three available dates and times when consent is obtained, and the communication must be copied to all counsel and self-represented parties.
All applications for adjournments must set forth: (1) The reason why an adjournment is necessary; (2) Whether the opposing part(ies) consent(s) or object(s) to the application; (3) The length of the adjournment sought or, if on consent, three (3) dates and times all parties are available. All such communications must be copied to all counsel and self-represented parties.
Page 6 | E. Court Conferences: Adjournment of Conferences
A conference adjournment request must be submitted in writing through NYSCEF at least two full business days before the conference, unless it is an emergency or falls under Section C(a).
A request to adjourn a conference must be made in writing, by NYSCEF ONLY, except as provided in Section C(a), at least two (2) full business days in advance of the scheduled conference, unless there is an emergency.
Page 6 | E. Court Conferences: Adjournment of Conferences
A non-consent adjournment request must explain why the adjournment is necessary, how long it should last, and why the non-consenting party declined consent.
Where the adjournment sought is not on consent, the requesting party must briefly set forth why the adjournment is necessary, the length of the adjournment and the reason offered by the non-consenting party for the lack of consent.
Page 7 | Court Conferences
Chambers Communication Rules
Correspondence to the court must be transmitted through NYSCEF only.
Correspondence to the Court shall be transmitted by NYSCEF (E-file) only.
Page 4 | C. Communications with the Court
The court will not consider correspondence raising substantive nonprocedural issues, including adjournments, without approval and will treat it as denied.
Correspondence addressing substantive non-procedural issues, such as adjournments, will not be considered by the Court absent approval, and shall be treated as having been denied without further action by the Court.
Page 4 | C. Communications with the Court
When a party does not participate in NYSCEF, correspondence to the court may be sent by email or mail, with notice to all parties.
Only if a party is not participating in NYSCEF, the parties shall e-mail OR mail their correspondence to the Court upon notice to all parties.
Page 4 | C. Communications with the Court
Counsel and self-represented litigants should not copy the court on their correspondence unless doing so serves a specific judicial purpose.
Correspondence between counsel and/or self-represented litigants shall not be copied to the Court unless there is some specific judicial purpose to be served by transmitting copies to the Court.
Page 4 | C. Communications with the Court
Telephone calls to court staff are permitted only for urgent situations requiring immediate attention that cannot be addressed by correspondence.
Telephone calls to the Court’s staff are permitted only in urgent situations requiring immediate attention that cannot be attained by correspondence.
Page 4 | C. Communications with the Court
Counsel delayed by unforeseen circumstances should contact opposing counsel and notify the Part Clerk or Court staff by telephone as soon as possible.
If counsel or a party is unable to appear on time due to unforeseen circumstances (i.e., delays due to inclement weather or road closures), counsel should contact opposing counsel(s), and advise the Part Clerk or Court’s staff, by telephone, as soon as possible.
Page 6 | E. Court Conferences
Counsel with conflicting simultaneous appearances must notify Chambers before the appearance date so the court can reconcile the conflict.
Counsel scheduled to appear simultaneously before this Court and another must communicate that fact to Chambers prior to the date of appearance so the conflicting appearances can be reconciled.
Page 6 | E. Court Conferences
Counsel must notify the Part Clerk at least 72 hours before an appearance if a translator or interpreter is required.
In the event a translator or interpreter is required, Counsel shall notify the Part Clerk at least seventy-two (72) hours before the appearance, so that timely and appropriate arrangements can be made.
Page 13 | J. Interpreters
Counsel or self-represented litigants must notify the District Executive and the Chief Clerk’s Office if accommodations are required during any matter before the Court.
In the event that any accommodations are required at any time during any matters before the Court, counsel or self-represented litigants shall notify the District Executive at ada9jd@nycourts.gov or (914) 824-5100, and the Chief Clerk’s Office, Supreme Court Westchester County at (914) 824-5300, so that timely and appropriate arrangements may be made.
Page 14 | T. Accommodations
Email to court staff should be avoided whenever possible.
E-Mails to the Court’s staff are to be avoided whenever possible.
Page 4 | C. Communications with the Court
Questions about local e-filing procedures may be directed to the Civil Calendar Office by phone.
Specific questions about local procedures should be addressed to the Civil Calendar Office at 914-824-5300.
Page 5 | D. E-Filing Rules & Protocol
General e-filing questions may be directed to the E-Filing Resource Center by phone or email.
General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov.
Page 5 | D. E-Filing Rules & Protocol