New York Supreme Court, Westchester County Pre-Motion Conference Requirements
100 rules from official source documents
Pre-motion conference and letter requirements before filing motions, including sequential steps.
CRITICAL
No motion concerning the underlying residential foreclosure action may be filed with the RJI or while the action remains pending in the FSCP.
Pursuant to CPLR R 3408(n) and Uniform Rule § 202.12-a(c)(7), no motions concerning the underlying residential foreclosure action may be filed with the RJI or while an action is pending in the FSCP.
CRITICAL
A preliminary conference must be scheduled if no acceptable executed stipulation is timely uploaded or if a party requests one.
In the event that the parties either fail to upload an executed proposed preliminary conference stipulation by the control date set forth in the Court Notice or have uploaded a proposed preliminary conference stipulation that is not acceptable to the MDPM Part, or request a preliminary conference, a preliminary conference shall be scheduled (22 NYCRR 202.56 [b] [1]).
CRITICAL
A motion challenging the Note of Issue or trial readiness may not be filed until a pre-motion conference has been requested and held.
However, no such motion shall be interposed until a pre-motion conference has been requested and held.
CRITICAL
A discovery-related motion, including a discovery-violation dismissal motion or cross-motion, may not be interposed or electronically filed until a pre-motion conference has been requested and held.
No discovery-related motion (including a motion to dismiss predicated upon a discovery violation and including any discovery-related cross-motion) may be interposed and e-filed until a pre-motion conference has been requested and held.
CRITICAL
The Court must address a properly submitted pre-motion conference request within two business days after receiving a complete submission.
Properly submitted requests for pre-motion conferences shall be addressed by the Court within two business days from a complete submission.
CRITICAL
A motion filed before the required pre-motion conference may be denied unless good cause justifies obtaining relief before the conference.
Motions filed before a pre-motion conference has been held may be denied unless good cause is shown as to why such relief is warranted before the conference is held.
CRITICAL
The MDPM Part must give NYSCEF notice of the conference date and time, and the conference ordinarily must be held in person unless another format is designated.
The MDPM Part shall issue a Notice via NYSCEF specifying the date and time of the preliminary conference. All preliminary conferences shall be held in person unless otherwise designated (22 NYCRR 202.12 [b] [1], 202.56 [b]).
CRITICAL
A requested and held pre-motion conference is required before filing any discovery-related motion, including a discovery-based motion to dismiss or cross-motion, although a preliminary conference addressing the dispute may satisfy the requirement.
No discovery-related motion (including a motion to dismiss predicated upon a discovery violation and including any discovery cross-motion) may be filed until a pre-motion conference has been requested and held. If a discovery dispute is addressed during a preliminary conference, the preliminary conference may constitute the pre-motion conference; however, no motion papers
CRITICAL
Before the preliminary conference, all counsel must confer and make a good-faith effort to reach agreement on the conference issues.
Counsel for all parties shall confer with respect to these issues prior to the preliminary conference and shall make a good faith effort to reach agreement in advance of the conference (22 NYCRR 202.11, 202.12).
CRITICAL
When a dispositive motion accompanying the RJI is filed instead of a preliminary-conference request, the case must promptly be referred for a conference and assigned a stipulation control date.
In the event that a dispositive motion is filed and accompanies the RJI rather than a request for a preliminary conference, the case shall promptly be referred for a preliminary conference, and the MDPM Part shall issue a control date for the submission of a preliminary conference stipulation, as set forth herein.
CRITICAL
A defense motion for leave to serve a late answer or amend an answer cannot be filed until the action is released from the FSCP, and defendants are encouraged to file it promptly after release.
Defense motions for leave to serve a late answer, or to amend an answer, are subject to the general CPLR R 3408(n) bar on motion practice and will not be in order until the action is released from the FSCP consistent therewith. In accordance with law, time during this statutory motion bar will not be considered on any such later-filed motion. Defendants wishing to interpose late answers are encouraged, however, to file any such motions promptly upon release from the FSCP.
CRITICAL
A preliminary conference may satisfy the discovery-motion pre-motion conference requirement when it addresses the dispute, but motion papers may not be filed until after the preliminary-conference stage.
If a discovery dispute is addressed during a preliminary conference, the preliminary conference may constitute the pre-motion conference; however, no motion papers may be filed until after a Preliminary
CRITICAL
Counsel attending the preliminary conference must be familiar with the case and authorized to bind the party, unless accompanied by a person with that authority.
All counsel appearing at the preliminary conference are expected to be fully familiar with the action and authorized to make binding stipulations or commitments, or shall be accompanied by a person empowered to act on behalf of the party represented (22 NYCRR 202.12 [b], 202.56 [b] [3])
CRITICAL
A motion challenging a Note of Issue or trial readiness must be returnable in the assigned IAS Part and cannot be filed until a pre-motion conference has been requested and held.
Any such motion shall be made returnable and heard in the assigned IAS Part. No such motion shall be filed until a pre-motion conference has been requested and held.
CRITICAL
A request for a preliminary conference involving a terminally ill party may be filed any time after commencement but must include the physician’s affidavit required by CPLR §3407 and 22 NYCRR §202.12(l).
In an action involving a terminally ill party, a request for a preliminary conference may be filed at any time after commencement of the action and shall be accompanied by the physician’s affidavit as required by CPLR §3407 (22 NYCRR §202.12 [l]).
CRITICAL
Unless otherwise directed, the CPLR 3214 stay is superseded for motions under CPLR 3211, 3212, and 3213, except for CPLR 3211(g) motions, and discovery must continue within the designated track.
Unless otherwise directed, the statutory stay in CPLR 3214 for dispositive motions made pursuant to CPLR 3211, 3212 or 3213 is superseded by these Rules, with the exception of motions made pursuant to CPLR 3211 (g). Parties are cautioned that they will be expected to complete all discovery within the designated track and discovery shall not be stayed or otherwise extended due to the pendency of motions.
CRITICAL
For terminally ill parties under CPLR 3407, a preliminary-conference request may be filed after commencement and must include the required physician’s affidavit, subject to CPLR 3407’s controls.
Where a request is filed for a preliminary conference in an action involving a terminally ill party governed by CPLR 3407, these rules shall apply only to the extent that they are not inconsistent with the provisions of CPLR 3407. In such cases, the request for a preliminary conference may be filed at any time after commencement of the action and shall be accompanied by the physician’s affidavit as required by CPLR 3407 (22 NYCRR 202.12 [l]).
CRITICAL
The assigned Justice must conduct the Preliminary Conference under 22 NYCRR §202.16(f) within 45 days after the Request for Judicial Intervention is filed.
The assigned Justice shall conduct a Preliminary Conference, which shall be scheduled and conducted in accordance with 22 NYCRR §202.16(f). The Preliminary Conference must be conducted within forty-five (45) days of the filing of the Request for Judicial Intervention.
CRITICAL
Except for specified pre-note-of-issue cases, emergencies requiring immediate relief, and contempt or enforcement motions, a movant must request a pre-motion conference before filing a motion.
Except as herein provided for pre-note of issue cases, and except in the event of an emergency that requires immediate relief from the assigned Justice or motions addressed to contempt or enforcement of an existing Order, no motions are to be made without the movant first requesting a pre-motion conference.
CRITICAL
A motion filed before the required pre-motion conference may be denied absent good cause for allowing it before the conference.
Motions filed before a pre-motion conference has been held may be denied unless there is shown good cause why such relief is warranted before the conference is held (22 NYCRR §202.12[h]).
CRITICAL
Failure by counsel to comply with the stated pre-filing conference requirements may result in denial of a discovery motion.
Failure of counsel to comply with the requirements of 22 NYCRR 202.20-f may result in the denial of a discovery motion (22 NYCRR 202.20-f [c]).
CRITICAL
Pre-motion conferences must be held for discovery disputes so the court may resolve issues before motion practice begins.
To foster the just and expeditious resolution of discovery disputes, pre-motion conferences shall be held to permit the Court the opportunity to resolve issues before motion practice ensues.
CRITICAL
A movant generally must first request a pre-motion conference before filing a motion, except for qualifying pre-note-of-issue cases, emergencies requiring immediate relief, and contempt or enforcement motions.
Except as herein provided for pre-note of issue cases, and except in the event of an emergency that requires immediate relief from the assigned Justice or motions addressed to contempt or enforcement of an existing Order, no motions are to be made without the movant first requesting a pre-motion conference.
CRITICAL
In the event that the parties agree upon a discovery schedule, they may submit by the control date a preliminary conference form stipulation. A Preliminary Conference Stipulation and Order specific to medical, dental and podiatric malpractice actions will be utilized for such actions. The form is available at https://ww2.nycourts.gov/courts/9jd/civilCaseMgmt.shtml. The form stipulation must be executed by plaintiff(s) and all answering defendant(s) and uploaded as a “Stipulation – Preliminary Conference (Request to So Order)” via NYSCEF.
In the event that the parties agree upon a discovery schedule, they may submit by the control date a preliminary conference form stipulation. A Preliminary Conference Stipulation and Order specific to medical, dental and podiatric malpractice actions will be utilized for such actions. The form is available at https://ww2.nycourts.gov/courts/9jd/civilCaseMgmt.shtml. The form stipulation must be executed by plaintiff(s) and all answering defendant(s) and uploaded as a “Stipulation – Preliminary Conference (Request to So Order)” via NYSCEF.
CRITICAL
Sur-reply papers and motion practice by correspondence are prohibited without express permission from the Court.
Absent express permission from the Court, sur-reply papers and motion practice by correspondence are not permitted.
CRITICAL
The signed Order to Show Cause will state whether appearances are required; if appearances are not required, neither an appearance nor oral argument will occur on the return date.
If appearances are required on the return date of the motion, the Court shall so indicate in the signed Order to Show Cause. Otherwise, no appearance is required, and no oral argument will be heard on the return date of the motion.
CRITICAL
A cross-motion will not be accepted without prior Court permission unless specified in the Order to Show Cause.
No cross motion will be accepted absent prior permission of the Court or as specified in the Order to Show Cause.
CRITICAL
A discovery-related motion cannot be submitted until a pre-motion conference has been requested and held.
No discovery related motion may be submitted until after a pre-motion conference has been requested and held.
CRITICAL
A preliminary conference can satisfy the pre-motion conference requirement, but no motion may be filed before the preliminary conference order issues.
A preliminary conference may constitute the pre-motion conference; however, no motion shall be made before a preliminary conference order has been issued.
CRITICAL
A pre-motion conference shall occur before motion practice so the court may attempt to resolve issues.
The pre-motion conference shall be held to permit the court the opportunity to resolve issues before motion practice ensues.
CRITICAL
Cross-petitions may not be filed without the Court’s permission.
12. Cross-Petitions shall not be filed without permission of the Court.
CRITICAL
Discovery motions require the Court’s prior permission, and discovery is permitted only under unusual circumstances.
10. No discovery motions shall be allowed without prior permission of the Court. The CPLR is the governing procedure for all motions. Discovery shall not be permitted except under unusual circumstances.
CRITICAL
Before seeking judicial intervention on discovery issues, counsel and unrepresented parties must communicate and attempt to resolve or limit the issues.
Prior to seeking judicial intervention, counsel and/or unrepresented parties shall communicate with each and attempt to resolve or limit any discovery issues.
CRITICAL
If discovery issues remain unresolved after the pre-motion conference, the motion presenting the issue to the court must be made by order to show cause.
After the pre-motion conference, if the discovery issues are not resolved, any motion to bring the issue before the Court must be made by order to show cause.
CRITICAL
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.
CRITICAL
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.
CRITICAL
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.
CRITICAL
Before the preliminary conference, counsel must consult and make a good-faith effort to reach agreement on the conference issues.
Counsel for all parties shall consult one another with respect to these issues prior to the preliminary conference and shall make a good faith effort to reach agreement in advance of the preliminary conference (22 NYCRR 202.11).
CRITICAL
An attorney familiar with the case and authorized to act must attend the preliminary conference unless a party appears self-represented.
Except in cases where a party is appearing self- represented, an attorney thoroughly familiar with the action and who is authorized to act on behalf of the party must appear at the preliminary conference.
CRITICAL
Before filing a motion concerning deposition objections or other deposition-related relief, counsel must attempt resolution in good faith and conference with the court.
b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the IAS Justice’s Part by email or telephone/TEAMs conference call for a determination and shall make no motion in the absence of a conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice.
CRITICAL
A motion to vacate the Note of Issue may not be filed until a requested pre-motion conference has been held.
No motion to vacate the Note of Issue shall be filed until a pre-motion conference has been requested and held.
CRITICAL
Except in exigent circumstances, parties must confer in good faith in person or by telephone before requesting a discovery pre-motion conference and ordinarily should not copy the court on their discovery correspondence.
Absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone regarding the claimed failure to engage in discovery and the claimed compliance or reason for noncompliance prior to requesting a pre-motion conference (22 NYCRR 202.20-f). The parties are not to copy to Court on correspondence between them concerning discovery issues unless specifically requested to do so by the Court.
CRITICAL
A discovery motion filed before the required pre-motion conference will be denied unless the party shows good cause for obtaining relief before the conference.
Motions filed before a pre-motion conference has been held will be denied unless good cause is shown why such relief is warranted before the conference is held.
CRITICAL
A discovery-related motion may not be filed until a pre-motion conference has been requested and held and the court has issued a briefing schedule.
NO DISCOVERY-RELATED MOTION MAY BE FILED UNTIL A PRE-MOTION CONFERENCE HAS BEEN REQUESTED AND HELD AND A BRIEFING SCHEDULE ISSUED BY THE COURT.
CRITICAL
A preliminary conference addressing a discovery dispute may satisfy the pre-motion conference requirement, but motion papers may not be filed until a preliminary conference order issues.
If a discovery dispute is addressed during a preliminary conference, the preliminary conference may constitute the pre-motion conference; however, no motion papers may be filed until after a preliminary conference order has been issued.
CRITICAL
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.
CRITICAL
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.
CRITICAL
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.
CRITICAL
A party seeking a motion must file and upload through NYSCEF a pre-motion conference request on notice to all other parties that states the anticipated motion’s basis and is no more than two pages.
Pursuant to Section V (A) (Pre-Motion Conferences) of the MPOR, any party seeking to make a motion must file a written letter request for a pre-motion conference on notice to all other parties and upload the letter to NYSCEF. The letter request should state the basis of the anticipated motion and may not exceed two (2) pages.
CRITICAL
A discovery-dispute motion may not be filed until a pre-motion conference has been requested and held as required.
No motion concerning a discovery dispute shall be made until a pre-motion conference has been requested and held in accordance with 22 NYCRR § 202.20-f and section III, subdivision C of the CCM Rules.
CRITICAL
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.
CRITICAL
Parties may not file motions concerning discovery disputes.
The parties are NOT to make any motion concerning discovery.
CRITICAL
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.
CRITICAL
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.
CRITICAL
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.
CRITICAL
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.
CRITICAL
An Order to Show Cause may be brought only for a genuine emergency, when a stay is required, or for a post-judgment application.
An Order to Show Cause shall be brought only when there is genuine emergency, a stay is required, or the application is being filed post-judgment.
CRITICAL
A party seeking a motion must give notice and upload a written pre-motion conference request stating the anticipated motion's basis; the request and any permitted response are limited to two pages, and a response must be filed through NYSCEF within one business day after service.
Pursuant to Section C.3. (Motions) of the Matrimonial Part Operational Rules, any party seeking to make a motion must file a written letter request for a pre-motion conference on notice to all other parties and upload the letter to NYSCEF. The letter request should state the basis of the anticipated motion and may not exceed two (2) pages. All parties so served may serve and file a letter response, not to exceed two (2) pages, via NYSCEF within one (1) business day from service of the notification letter
CRITICAL
Parties may not file discovery motions unless the court authorizes or directs them.
The parties are NOT to make any motion concerning discovery (unless authorized or directed by the Court).
CRITICAL
Requests to modify discovery schedules must be raised and addressed at the compliance conference.
Requests for modifications to discovery schedules shall be raised and addressed at the compliance conference.
CRITICAL
Before requesting a pre-motion discovery conference, a party must make a good-faith effort to resolve the dispute through meaningful direct discussion without the court.
A party that encounters a discovery dispute shall make a good faith effort (without the Court) to resolve the dispute by engaging in meaningful discussion(s), by telephone or email or other means of direct communication, prior to requesting a pre-motion discovery conference with the Court (22 NYCRR 202.20-f).
CRITICAL
A party may not file a discovery motion unless the Court authorizes or directs it.
Therefore, no discovery motion is to be made by any party unless authorized or directed by the Court.
CRITICAL
Attorneys must contact the Preliminary Conference Part by email or telephone conference call and confer with the court in good faith before filing a deposition-related motion.
b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the Preliminary Conference Part by email or telephone conference call for a determination and shall make no motion in the absence of a conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice.
CRITICAL
Discovery-related motions, including discovery-based dismissal motions and cross-motions, may not be filed until a pre-motion conference has been requested and held, and the parties must confer in good faith before requesting the conference.
No discovery-related motion (including a motion to dismiss predicated upon a discovery violation and including any discovery cross-motion) may be interposed and e-filed until a pre- motion conference has been requested and held. The parties are expected to confer in good faith prior to requesting a pre-motion conference.
WARNING
Parties are expected to attend pre-motion conferences and attempt in good faith to resolve all discovery disputes.
The parties will be expected to attend such conferences and attempt in good faith to resolve all discovery disputes.
WARNING
Parties are expected to attend pre-motion conferences and attempt in good faith to resolve all discovery disputes.
The parties shall be expected to attend pre-motion conferences and attempt in good faith to resolve all discovery disputes (22 NYCRR 202.8 [f]).
WARNING
Either party may seek further proceedings when an FSCP issue concerns statutory or rule compliance, including alleged lack of good faith.
If an issue arises during FSCP proceedings relating to compliance with CPLR R 3408, Uniform Rule § 202.12-a or these Rules – including an alleged lack of good faith – either party may apply to the Court for further proceedings (see CPLR R 3408[n]).
WARNING
Absent exigent circumstances, parties should confer in good faith in person or by telephone before requesting a pre-motion conference.
Moreover, absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone prior to requesting a pre-motion conference (22 NYCRR 202.20-f).
WARNING
Opposing counsel has twenty-four hours to file a response to a pre-motion conference request, and the response may not exceed two pages.
Opposing counsel will be permitted within twenty-four hours to file a response to the request and are not to exceed two pages.
WARNING
A party requests a pre-motion conference by emailing the IAS Part Clerk and giving notice to all other parties.
A party may request a pre-motion conference by e-mailing the IAS Part Clerk on notice to all other parties.
WARNING
A party may request an earlier preliminary-conference date by showing appropriate circumstances, emailing the Part Clerk, and notifying every other party.
Any party may seek to advance the date of a preliminary conference upon a showing of appropriate circumstances (22 NYCRR 202.12 [i]). The request to advance the conference date shall be made via e-mail to MedMalWestchester@nycourts.gov, on notice to all other parties.
WARNING
Before the Court Notice control date, a party may request judicial assistance with the stipulation by emailing the MDPM Part Clerk and providing notice to all parties.
In the event that a party requires guidance from the Court with respect to the preparation of the preliminary conference stipulation, the party may request a preliminary conference prior to the control date set forth in the Court Notice. The request for a preliminary conference shall be made via e-mail to MedMalWestchester@nycourts.gov, on notice to all parties.
WARNING
Parties are expected to attend pre-motion conferences and resolve discovery disputes in good faith so the court can address issues before motion practice, without barring other appropriate motions.
The parties are expected to attend such conferences and attempt in good faith to resolve all discovery disputes. Nothing in these rules shall be construed to prevent or limit counsel from making any motion deemed appropriate to best represent a party’s interests. However, to foster the just, expeditious and inexpensive resolution of discovery disputes, pre- motion conferences shall be held to permit the Court the opportunity to resolve issues before motion practice ensues.
WARNING
Absent exigent circumstances, parties must be expected to confer in good faith in person or by telephone before requesting a pre-motion conference.
Moreover, absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone prior to requesting a pre-motion conference (22 NYCRR §202.20- f).
WARNING
Opposing counsel may respond to a pre-motion conference request within 24 hours using no more than two pages, and the Court must address a properly submitted request within two business days after a complete submission.
Opposing counsel will be permitted within twenty-four hours to file a response to the request and are not to exceed two pages. Properly submitted requests for pre-motion conferences shall be addressed by the Court within two business days from a complete submission.
WARNING
A pre-motion conference request should be filed on NYSCEF, emailed to the assigned justice's chambers or a Court-Attorney Referee, and kept within two pages.
Requests for pre-motion conferences should be filed on NYSCEF and e-mailed to the Chambers of the assigned Justice or to a Court-Attorney Referee and are not to exceed two pages.
WARNING
A party may request a pre-motion conference by emailing the stated chambers address and providing notice to all other parties.
A party may request a pre-motion conference by e-mailing MedMalWestchester@nycourts.gov, on notice to all other parties.
WARNING
When required, the Court will hold a Temporary Restraining Order conference at a date and time set by the Court.
A conference on the request for a Temporary Restraining Order, if required, will be conducted by the Court at a date and time set by the Court.
WARNING
Absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone prior to requesting a pre- motion conference (22 NYCRR § 202.20-f).
Absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone prior to requesting a pre- motion conference (22 NYCRR § 202.20-f).
WARNING
A discovery conference may be requested by submitting a one-page-or-shorter letter application to the Part Clerk by email and filing it in NYSCEF.
A discovery conference may be obtained by submitting a letter application, not exceeding one (1) page in length, to the Part Clerk, via email and efiling same in NYSCEF.
WARNING
No appearance is required on a motion’s return date unless the court directs one.
There will be no appearances on the return date of any motion unless this Court so directs.
WARNING
When electronic discovery is reasonably likely, attorneys must confer on an e-discovery stipulation, and any unresolved issue will be addressed at the preliminary conference.
Where it is reasonably likely that a case will include electronic discovery, attorneys for the parties shall meet and confer to discuss and agree on a stipulation governing such electronic discovery. If the parties, after conferring, are unable to reach a stipulation, the Court will address same at the preliminary conference.
WARNING
When a dispositive motion filed with the RJI substitutes for a preliminary-conference request, the Court sets a control date for filing the conference stipulation.
In the event that a dispositive motion is filed and accompanies the RJI rather than a request for a preliminary conference, the Court will issue a control date for the submission of a preliminary conference ===== PAGE 8 ===== stipulation.
WARNING
Counsel must consult and make a good-faith effort to reach agreement before the preliminary conference.
Counsel shall consult regarding the matters to be addressed at the preliminary conference and shall make a good faith effort to reach agreement in advance of the conference
WARNING
Unless the court orders otherwise in a particular case, motions are submitted without oral argument.
Absent a specific order to the contrary from this Court in a particular case, all motions shall be submitted without oral argument.
WARNING
If good-faith discussions fail, a party may request a discovery pre-motion conference by emailing the Part Clerk and noticing all other parties.
If the parties’ good faith discussions fail to resolve the discovery dispute, the parties may request a pre-motion conference by emailing the Part Clerk on notice to all other parties.
WARNING
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.
WARNING
Parties served with the pre-motion notification may serve and file a response through NYSCEF within one business day after service.
All parties so served may serve and file a letter response via NYSCEF within one (1) business day from service of the notification letter.
WARNING
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.
WARNING
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.
WARNING
Unless the Court directs otherwise, motions are decided on written submission without an appearance.
Unless otherwise advised by the Court, all motions are by submission only.
WARNING
When required, the Court will hold a Temporary Restraining Order conference at a date and time selected by the Court.
A conference on the request for a Temporary Restraining Order, if required, will be conducted by the Court at a date and time set by the Court.
INFO
Cases assigned to the ECP bypass the DCM Preliminary Conference Part and proceed on an expedited track.
Assignment to the ECP shall bypass the DCM Preliminary Conference Part and proceed on an expedited track.
INFO
Motions are submitted without oral argument unless the IAS Justice enters a contrary order or the assigned Part Rules provide otherwise.
Absent a specific order to the contrary from the IAS Justice in a particular case or as otherwise provided in the assigned IAS Justice’s Part Rules, all motions will be submitted without oral argument.
INFO
Counsel may make any motion they deem appropriate to best represent a party’s interests.
Counsel will not be precluded from making any motion deemed appropriate to best represent a party’s interests.
INFO
A required conference on a temporary restraining order request will be scheduled by the court.
A conference on the request for a Temporary Restraining Order, if required, will be conducted at a date and time set by the court.
INFO
Preliminary conferences are held in person on Monday through Thursday mornings at 9:30 a.m.
Preliminary conferences are held in person at a general calendar call on Monday, Tuesday, Wednesday and Thursday mornings at 9:30 a.m.
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Counsel should attempt to resolve issues with opposing counsel before making a motion.
Prior to making any motion, Counsel should attempt to resolve issues with opposing counsel.
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A pre-motion conference is recommended, and counsel may request one to resolve disputed issues.
In an attempt to resolve disputed issues, the Court recommends and counsel may request a pre-motion conference.
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A pre-motion conference request is not required after filing a Note of Issue.
In accordance with MPOR Section V (A), a request for a pre-motion conference shall not be required after the filing of a Note of Issue.
Does New York Supreme Court, Westchester County require a pre-motion conference or letter before filing a motion?
New York Supreme Court, Westchester County: No motion concerning the underlying residential foreclosure action may be filed with the RJI or while the action remains pending in the FSCP.
Judge Alexandra D. Murphy: Sur-reply papers and motion practice by correspondence are prohibited without express permission from the Court.
Judge Nancy Quinn Koba: A discovery-dispute motion may not be filed until a pre-motion conference has been requested and held as required.
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