Judge Robert S. Ondrovic
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Initiating Motion Papers
Order, Judgment
Attorney filings
Court-wide- 1 copy • Following Initial Notification
Courtesy copies
Court-wide- Civil, Pro Se:
- Not required
- Civil, Pro Se:Within 48 Hours
Adjournments
- A conference adjournment request must be emailed to the court and uploaded to NYSCEF at least 36 hours before the scheduled appearance, and the parties must appear on the return date to request the adjournment.
Communication
Clerk9 contacts
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nycourts.gov - rocklandauctions@
nycourts.gov - dutchessauctions@
nycourts.gov - orangeauctions@
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nycourts.gov - tapwestchester@
nycourts.gov
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Other Contacts1 contacts
Document Format Requirements3 rules
All affirmations, affidavits and memoranda of law must contain numbered pages.
- Affirmation
- Affidavit
- Memorandum of law
Formatting
- •All pages must be numbered
All citations must be to an official state reporter, if available.
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.
Document Filing Requirements21 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.
All subpoenas seeking the production of medical (or other) records subject to the HIPAA Rules shall attach a duly executed authorization permitting the release of such records.
If the matter is ready for trial, the Court will direct that a Note of Issue be filed. Counsel shall not file a Note of Issue until directed by the Court.
A discovery schedule shall be placed on the Record and the parties shall order and upload the transcript to NYSCEF to be So Ordered and that will constitute the Preliminary Conference Order.
If good-faith efforts do not resolve a discovery dispute, counsel must notify the Court by letter describing the dispute and the resolution efforts already made.
Court's wording
If counsel cannot resolve the discovery issue between themselves after a good faith effort, the counsel who believes that discovery is not being conducted in accordance with the Court’s Order is to contact the Court by letter to advise of the nature of the dispute and the efforts that have been made to attempt to resolve it.
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).
There is no Reply permitted to a Cross Motion.
Exhibits shall be specifically referenced in the papers, or they will not be considered.
Multiple documents shall not be grouped together under a single exhibit.
The Court does not accept sur-reply papers or correspondence on motions, nor any papers filed after the final submission date of the motion.
On paper cases (i.e. actions not efiled on NYSCEF), motion papers, orders and judgments must be accompanied by a stamped, self-addressed envelope.
Counsel submitting motions with a proposed order/judgment must submit an unattached copy of that proposed order/judgment.
All documents required to decide the application must be attached. It is not sufficient that documents may be on file with the Clerk of the Court.
Each exhibit shall contain only a single document separately uploaded to NYSCEF.
Any motions seeking to exclude potential evidence shall be made in writing and shall be returnable at least 30 days in advance of trial.
Orders, judgments, and their counterparts submitted for signature must include an Affidavit of Service and the required Notice of Settlement.
Court's wording
Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will not be signed unless an Affidavit of Service and Notice of Settlement for a date designated in accordance with 22 NYCRR § 202.48 has been included.
An expert affidavit or affirmation used in a motion must state whether the expert used artificial intelligence in reaching the opinion.
- Document
- Expert affidavit or affirmation used in a motion
Must include
- •AI disclosure
Court's wording
This disclosure must be included in all CPLR 3101(d) discovery responses and in those cases in which an expert affidavit/affirmation is used in a motion the affidavit/affirmation must state whether the expert has used AI in reaching their opinion.
Every party must disclose whether their expert relied upon AI (Artificial Intelligence) in reaching their opinion.
Must include
- •AI disclosure
Correspondence must bear the full Title and Index Number of the action. It shall be concise and state the relief sought or the action requested to be taken by the Court.
The record of appearance shall include the attorney’s name, firm affiliation, email address, mailing address, telephone and facsimile number as well as the party represented.
The record of appearance shall also contain a written acknowledgment that counsel is familiar with these Part Rules.
Filing & Service rules
Electronic Filing Rules
Correspondence between counsel and/or self-represented litigants must not be e-filed or sent to the Court.
DO NOT e-file correspondence between and among counsel and/or self-represented litigants, and DO NOT send a copy to the Court.
Page 1 | COMMUNICATIONS WITH THE COURT — A. Correspondence
Correspondence to the Court must be sent 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 1 | COMMUNICATIONS WITH THE COURT — A. Correspondence
Copies of e-filed correspondence must not be sent to the Court by email or regular mail.
DO NOT send copies of e-filed correspondence to the Court via e-mail or regular mail.
Page 1 | COMMUNICATIONS WITH THE COURT — A. Correspondence
Proposed orders and judgments must not be submitted to the court by fax.
Proposed Orders or judgments are not to be submitted by fax.
Page 7 | JUDGMENTS, DECISIONS AND ORDERS
All actions required to be filed electronically, including proposed orders, proposed judgments, stipulations, and letters, must be filed through NYSCEF.
All actions required to be filed electronically shall be filed through the New York State Courts E-Filing system (NYSCEF), including proposed orders, proposed judgments, stipulations and letters.
Page 8 | E-FILING RULES AND PROTOCOLS
Original initiating motion papers should be uploaded through NYSCEF, while cases not filed electronically require direct submission to the County Clerk with proof of service and required fees.
Original initiating motion papers should be uploaded to NYSCEF or, if a paper case, submitted directly to the County Clerk accompanied by an affidavit/affirmation of service and the required fees.
Page 6 | MOTIONS
Filing Timing and Cure Windows
All exhibits must be uploaded no later than 10 days before the trial or hearing.
All Exhibits are to be uploaded no later than 10 days prior to the Trial/Hearing.
Page 2 | TRIALS/HEARINGS — 1. Evidence Rules
Objections to exhibits must be uploaded no later than 7 days before the trial or hearing.
Any objections to any Exhibits are to be uploaded no later than 7 days prior to the Trial/Hearing.
Page 2 | TRIALS/HEARINGS — 1. Evidence Rules
Each attorney must file a record of appearance with chambers within ten days after the earlier of written notice of assignment to the Part 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 3 | APPEARANCES
A motion seeking to exclude potential evidence must be returnable at least 30 days before trial.
Any motions seeking to exclude potential evidence shall be made in writing and shall be returnable at least 30 days in advance of trial.
Page 6 | MOTIONS
A summary judgment motion must be made within 60 days after the Note of Issue is filed.
Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue.
Page 7 | SUMMARY JUDGMENT MOTIONS
If a translator or interpreter is needed for trial, counsel must notify the Part Clerk 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 2 | TRIALS/HEARINGS — 3. Interpreters
Motions are returnable on Fridays.
Motions are returnable on Fridays.
Page 6 | MOTIONS
Service and Proof of Service Rules
Original initiating motion papers submitted in a paper case must be accompanied by an affidavit or affirmation of service.
Original initiating motion papers should be uploaded to NYSCEF or, if a paper case, submitted directly to the County Clerk accompanied by an affidavit/affirmation of service and the required fees.
Page 6 | MOTIONS
Filing Fees and Waivers
Original initiating motion papers submitted to the County Clerk must be accompanied by the required filing fees.
Original initiating motion papers should be uploaded to NYSCEF or, if a paper case, submitted directly to the County Clerk accompanied by an affidavit/affirmation of service and the required fees.
Page 6 | MOTIONS
Motion papers must include proof that all required filing fees were paid to the County Clerk.
Motion papers must be accompanied by proof of payment to the County Clerk of all required fees.
Page 6 | MOTIONS
Courtesy Copy Requirements
Counsel must provide an additional copy of any order and judgment submitted to conform to the original.
Counsel must provide an additional copy of any order and judgment submitted to conform to the original.
Page 6 | MOTIONS
Courtesy copies of original initiating motion papers must not be submitted.
DO NOT SUBMIT COURTESY COPIES.
Page 6 | MOTIONS
Filing Bundling Requirements
Motion papers must be bound together, and the Court will not accept loose motion papers, affidavits, affirmations, or exhibits.
MOTION PAPERS MUST BE BOUND TOGETHER. THE COURT WILL NOT ACCEPT LOOSE MOTION PAPERS, AFFIDAVITS, AFFIRMATIONS OR EXHIBITS.
Page 6 | MOTIONS
Pre-Motion Conference Requirements
After an RJI and request for a preliminary conference are filed and the case is assigned to the Part, the court schedules a preliminary conference at which personal appearances are mandatory.
Upon assignment of a case to this Part following the filing of an RJI and Request for a Preliminary Conference, the Court will schedule such a conference at which personal appearances are mandatory.
Page 4 | PRELIMINARY CONFERENCE
The dates in a Preliminary Conference Order may be modified only by court order.
No modifications of the dates in the Preliminary Conference Order are permitted except by Order of the Court.
Page 4 | PRELIMINARY CONFERENCE
Parties may not file motions concerning discovery disputes.
The parties are NOT to make any motion concerning discovery.
Page 5 | DISCOVERY DISPUTES
Before raising a discovery dispute, counsel or a self-represented litigant must make good-faith, substantive telephone or written communication with the other side concerning the claimed noncompliance; a pro forma letter is insufficient.
Counsel (or self-represented litigant) who believes that discovery is not being conducted in accordance with the Court’s Order is to discuss, in good faith, as required by Court Rule § 202.7, the claimed noncompliance with opposing counsel or self-represented litigant. A pro forma letter does not constitute a good faith effort. There must be actual substantive communication between counsel, either telephonically or in writing, regarding the claimed failure to engage in discovery and the claimed noncompliance or reason for noncompliance.
Page 5 | DISCOVERY DISPUTES
Motions are ordinarily decided on the papers, without a return-date appearance, unless the Court specifically requires oral argument.
All motions will be decided by submission and personal appearances on the return date are not required unless the Court specifically directs oral argument.
Page 6 | MOTIONS
A return-date appearance is not required unless the Court specifically states that one is to occur.
There will be no appearances unless specifically stated by the court.
Page 6 | MOTIONS
Adjournment & Extension Requirements
A motion adjournment letter must state the current return date of any motion and provide contact information for all parties.
WHEN REQUESTING AN ADJOURNMENT OF A MOTION, THE LETTER REQUEST SHALL INCLUDE THE CURRENT DATE OF ANY MOTION RETURNABLE AND CONTACT INFORMATION FOR ALL PARTIES.
Page 4 | ADJOURNMENTS
A motion adjournment request must also be emailed to the Motion Support Part and the requesting party must notify all parties of the adjourned date.
THE REQUEST MUST ALSO BE EMAILED TO THE MOTION SUPPORT PART AT motionsupportwestchester@nycourts.gov THE REQUESTING PARTY SHALL NOTIFY ALL PARTIES OF THE ADJOURNED DATE.
Page 4 | ADJOURNMENTS
A conference adjournment request must be emailed to the court and uploaded to NYSCEF at least 36 hours before the scheduled appearance, and the parties must appear on the return date to request the adjournment.
A REQUEST TO ADJOURN A CONFERENCE MUST BE EMAILED TO THIS COURT AND UPLOADED TO ===== PAGE 4 ===== NYSCEF AT LEAST 36 HOURS IN ADVANCE OF THE SCHEDULED APPEARANCE, THEREAFTER THE PARTIES MUST APPEAR ON THE RETURN DATE TO REQUEST THE ADJOURNMENT.
Page 4 | ADJOURNMENTS
The Court will not grant a motion adjournment when the return date falls within the 30 days preceding trial.
NO ADJOURNMENTS on a motion will be granted with a return date within thirty (30) days prior to the date of trial.
Page 6 | MOTIONS
No more than two adjournments are permitted per matter, except when good cause is shown through a written application approved by the court.
No more than two adjournments shall be permitted on any matter unless good cause is shown upon written application made to and approved by the Court.
Page 4 | ADJOURNMENTS
A continuance or rescheduling request based on an expert’s unavailability generally cannot be granted, but counsel may use videotaping when necessary.
Requests for a continuance or rescheduling due to an expert’s unavailability for testimony generally cannot be granted due to the large number of matters pending for trial. Counsel may use videotaping of experts when necessary.
Page 8 | VIDEOTAPING
Chambers Communication Rules
The Court does not accept legal papers by fax unless it specifically approves fax transmission in advance for the particular case.
Unless specifically approved by the Court in advance in a particular case, the Court does not accept legal papers of any kind by fax transmission.
Page 2 | COMMUNICATIONS WITH THE COURT — C. Fax transmissions
When an Order of Protection prevents contact with the opposing party, the party must contact Chambers without attempting to contact that 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 Chambers without contacting the opposing party.
Page 5 | DISCOVERY DISPUTES
Counsel ordinarily must not copy the Court on discovery-related correspondence unless the Court specifically requests copies.
The parties are NOT to copy the Court on correspondence between counsel concerning discovery issues unless specifically requested to do so by the Court.
Page 5 | DISCOVERY DISPUTES
Counsel must immediately notify the Court when a pending motion becomes unnecessary to decide.
Counsel shall immediately notify the court when it becomes unnecessary to decide a motion.
Page 6 | MOTIONS
Telephone calls to Chambers are permitted only for immediate matters that cannot be handled by correspondence or by contacting the Part Clerk.
Except as set forth below (see 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 1 | COMMUNICATIONS WITH THE COURT — B. Telephone Calls
A party may obtain rulings on disputed deposition objections by telephoning the Court from the deposition.
Rulings concerning disputed objections may be obtained by calling the Court from the deposition.
Page 5 | DISCOVERY DISPUTES
General electronic-filing questions may be directed to the E-Filing Resource Center by telephone at (646) 386-3033 or by email at efile@courts.state.ny.us.
General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@courts.state.ny.us.
Page 8 | E-FILING RULES AND PROTOCOLS