Judge Paul I. Marx
Individual Rules, Standing Orders & Policies
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
- An adjournment application must state the reason for the request, identify whether the opposing parties consent or object, specify the length sought or a mutually available date on consent, and copy all counsel and self-represented parties or it will not be acted upon.
- Requests to adjourn a motion or extend its briefing schedule must be submitted to the Motion Support Part.
Request must include
Communication
Phone
Chambers
Chambers
Phone
Court-widePhone
Court-wideLetter via fax
Court-wideClerk
Document Format Requirements4 rules
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
Deposition/Examination Before Trial transcripts included as exhibits must be single sided only.
Papers submitted for the Court's signature must identify the document on the signature page at least two lines below the signature line.
Court's wording
All papers which are submitted for signature by the Court shall be identified on the signature page at least two lines below the signature line, so that the document being signed by the Court can be identified. Example: Jones v Green Acres, LLC, Index #, Type of Document.
Parties are requested not to submit minuscripts.
Document Filing Requirements7 rules
A Note of Issue shall NOT be filed until a Trial Readiness Order has been issued. Counsel shall NOT file a Note of Issue until directed by the Court.
In non efiled cases, proposed Orders to Show Cause must include a fax number to permit a conformed copy of the signed Order to be sent to the movant.
There will be no oral argument on any motion or Order to Show Cause unless directed by the Court.
Exhibits shall be specifically referenced in the papers, or they will not be considered.
Citations to legal authority must be to the official citations.
A copy of the signed Stipulation of Discontinuance which has been (or will be) submitted to the County Clerk shall be submitted to the Part Clerk so that the matter may be marked disposed.
Parties seeking oral argument of a motion or Order to Show Cause may request it by stating “Oral Argument Requested” above the Index Number on the first page of the papers submitted. A request for oral argument should not be construed as an automatic grant of same. If the Court grants the request for oral argument, the Court will inform the parties.
- Document
- Papers
- Placement
- First page
Should include
- •Oral Argument Requested
Filing & Service rules
Electronic Filing Rules
Each exhibit may contain only one document, multiple documents may not be grouped as one exhibit, and each document must be uploaded separately to NYSCEF.
Multiple documents shall not be grouped together under a single exhibit. Each exhibit shall contain only a single document separately uploaded to NYSCEF.
Page 6 | III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules
At a party's option, a proposed order may be submitted with the bench-decision transcript for so-ordering, but proposed orders and judgments must not be submitted by fax.
Where the Court issues a Bench Decision and a party desires a written Decision and 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”. Proposed Orders or judgments are not to be submitted by fax.
Page 8 | V. Judgments, Decisions and Orders
Filing Timing and Cure Windows
A summary judgment motion must be filed within 60 days after the filing of the Note of Issue.
Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue.
Page 7 | III.D. Summary Judgment Motions
Service and Proof of Service Rules
Unless extremely unusual circumstances causing significant prejudice are detailed in a supporting affidavit or affirmation, opposing counsel must receive telephone or fax notice at least 24 hours before presentation of an Order to Show Cause seeking a temporary restraining order.
Unless there are extremely unusual circumstances in which significant prejudice (set forth in detail in a supporting affidavit/affirmation) will result, opposing counsel are to be advised by telephone or fax at least 24 hours in advance of the date and time that any Order to Show Cause which includes a request for a Temporary Restraining Order is being presented to the Court.
Page 6 | III. Motions & Orders to Show Cause (Temporary Restraining Orders) — B. Temporary Restraining Orders
The Court may, in its discretion, waive the 24-hour notice requirement in a true emergency.
In a true emergency, the Court, in its discretion, may dispense with the 24-hour notice requirement.
Page 6 | III. Motions & Orders to Show Cause (Temporary Restraining Orders) — B. Temporary Restraining Orders
Counsel must advise the Court and provide opposing counsel a copy of each anticipated exhibit or demonstrative item intended for use or reading during closing statements.
Similarly, if counsel intends to use/read from any anticipated exhibit or item of demonstrative evidence during Closing Statements, counsel is to advise the Court of such intention and provide opposing counsel with a copy.
Page 8 | IV.D. Use of Exhibits
Counsel must advise the Court before jury selection and provide opposing counsel a copy of each anticipated exhibit or demonstrative item intended for use or reading during opening statements.
If counsel intends to use/read from any anticipated exhibit or item of demonstrative evidence during Opening Statements, counsel is to advise the Court of such intention prior to commencement of jury selection and provide opposing counsel with a copy.
Page 8 | IV.D. Use of Exhibits
Filing Bundling Requirements
A reply to a cross-motion is prohibited.
There is no Reply permitted to a Cross Motion.
Page 5 | III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules
Motion papers are limited to moving, opposing, and reply papers, but reply papers on an Order to Show Cause require advance permission.
Motion papers are limited to Moving Papers, Opposing Papers, and Reply (except that reply papers are not permitted on Orders to Show Cause without advance permission).
Page 5 | III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules
Sur-reply papers, including sur-replies contained in letters, are prohibited and will not be considered.
Sur-Reply papers, including those contained in letter submissions, are not permitted, and will not be considered.
Page 6 | III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules
Pre-Motion Conference Requirements
No party may file a discovery motion without authorization or direction from the Court; counsel should instead use the Section III.F dispute-resolution procedures.
In lieu of discovery motion practice, it is the policy of the Court to make itself and its staff available to resolve disputes related to pretrial discovery. Therefore, no discovery motion is to be made by any party unless authorized or directed by the Court. Instead, counsel should abide by the procedures set forth in Section III.F above to resolve discovery disputes.
Page 7 | III.C. Discovery Disputes
The Court schedules an in-person Preliminary Conference within 45 days after an RJI is filed, and the RJI-filing party must notify all other parties of the conference date in writing.
The Court will schedule an in-person Preliminary Conference within 45 days after a Request for Judicial Intervention (RJI) has been filed on a matter. The Part Clerk will forward to the party filing the RJI a letter or email setting forth the date on which the Preliminary Conference will be conducted. The party who files the RJI shall advise all other parties of the Preliminary Conference date in writing.
Page 3 | D. Preliminary Conference
Adjournment & Extension Requirements
An adjournment application must state the reason for the request, identify whether the opposing parties consent or object, specify the length sought or a mutually available date on consent, and copy all counsel and self-represented parties or it will not be acted upon.
All applications for adjournments must set forth: 1) the reason why an adjournment is necessary; 2) whether the opposing party(ies) consent(s) or object(s) to the application; and 3) the length of the adjournment sought or, if on consent, a date all parties are available. All such communications must be copied to all counsel and self-represented parties. Requests that are not copied to all other parties will not be acted on.
Page 3 | C. Adjournment of Conferences
Requests to adjourn a motion or extend its briefing schedule must be submitted to the Motion Support Part.
All requests to adjourn a motion or extend the briefing schedule on a motion must be made to the Motion Support Part.
Page 6 | III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules
Chambers Communication Rules
Correspondence to the Court must be submitted through NYSCEF unless the Court directs otherwise.
All correspondence to the Court must be sent ONLY via NYSCEF, unless otherwise directed by the Court.
Page 2 | I. Communications with the Court — A. Correspondence
Conference adjournment requests must be submitted in writing by email to the Part Clerk and must not be uploaded to NYSCEF.
A request to adjourn a conference must be made in writing by email only to the Part Clerk. DO NOT upload conference adjournment requests to NYSCEF.
Page 3 | C. Adjournment of Conferences
Counsel must notify the Part Clerk of a needed trial translator or interpreter no later than the settlement conference.
In the event a translator or interpreter is required at trial, counsel shall notify the Part Clerk no later than the Settlement Conference so that timely and appropriate arrangements can be made.
Page 7 | IV.B. Interpreters
A request to so order a subpoena must be emailed to Whyong Shin at wshin@nycourts.gov after the subpoena is electronically filed.
Requests to “So Order” a subpoena must be emailed to Whyong Shin, Esq. at wshin@nycourts.gov after the subpoena has been efiled.
Page 7 | IV.A. Subpoenas
Counsel must immediately email the Part Clerk when an action or proceeding is settled or withdrawn.
Counsel must notify the Part Clerk by email of the settlement or withdrawal of any action or proceeding immediately upon such settlement or withdrawal.
Page 8 | VI. Settled and Discontinued Cases
Except for the discovery-dispute procedure, telephone calls to Chambers are permitted only for matters requiring immediate attention that cannot be handled through correspondence or the Part Clerk.
Except as set forth below (see Section III.F. Discovery Disputes), telephone calls to Chambers are permitted only in situations requiring immediate attention that cannot otherwise be obtained by correspondence, or by contacting the Part Clerk.
Page 2 | I. Communications with the Court — B. Telephone Calls
A party unable to appear on time because of unforeseen circumstances must contact opposing counsel and notify the Part Clerk or Chambers by telephone as soon as possible.
If counsel or a party is unable to appear on time due to unforeseen circumstances (delays due to inclement weather or road closures, for example), please contact opposing counsel and advise the Part Clerk or Chambers by telephone as soon as possible.
Page 2 | II. Calendar Call & Conferences — A. General Rules
Counsel with conflicting court appearances must notify the Part Clerk before the appearance date so the court can reconcile the conflict.
Counsel who are scheduled to appear before this Court and another court must communicate that fact to the Part Clerk prior to the date of appearance so that counsel’s conflicting appearances can be reconciled.
Page 2 | II. Calendar Call & Conferences — A. General Rules