New York Supreme Court, Westchester County Service and Proof of Service Rules

CRITICAL

Applies to

Correspondence

Correspondence to the court must be simultaneously copied to all counsel or self-represented litigants.

Correspondence to the Court must be uploaded to NYSCEF and simultaneously copied to all counsel or self-represented litigants.

CRITICAL

The movant must serve all decisions, orders, and judgments on counsel, guardians, the Court Examiner, and interested parties within ten days unless the Court directs otherwise.

9. All decisions, orders, and judgments shall be served by the movant on all counsel, Guardian(s), Court Examiner, and interested parties within ten (10) days of the date of the decision, order, and judgment, unless otherwise directed by the Court.

CRITICAL

Applications for attorney or professional fees must be served on Mental Hygiene Legal Service or other appointed or retained counsel, the Court Examiner, guardians, and any other entity or party entitled to notice under the findings, conclusions, and judgment.

17. All applications for attorney/professional fees shall be served on Mental Hygiene Legal Service (or other appointed or retained counsel), the Court Examiner, and the Guardian(s), and any other entity or party entitled to notice pursuant to the Findings of Fact, Conclusions of Law and Judgment.

CRITICAL

The proposed Findings and Judgment and a transcript copy must be served on all interested parties and filed with a Notice of Settlement unless the Court directs otherwise.

The proposed Findings and Judgment, along with a copy of the transcript, shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.

CRITICAL

Post-judgment applications must be filed with the Westchester County Clerk and noticed to all interested parties in the manner stated in the Findings of Fact, Conclusions of Law and Judgment.

All post-judgment applications shall be filed with the Westchester County Clerk and noticed to all interested parties as set forth in the Findings of Fact, Conclusions of Law and Judgment.

CRITICAL

All initial, annual, and final guardian accountings must be filed with the County Clerk, and a copy must be sent directly to the appointed Court Examiner.

19. All Guardian accountings (initial, annual, and final) must be filed in the County Clerk’s Office and a copy of the accounting(s) shall be sent directly to the appointed Court Examiner.

CRITICAL

Post-judgment proposed orders must be served on all interested parties and filed with a Notice of Settlement unless the Court directs otherwise.

The proposed orders shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.

CRITICAL

Deadline

2 business days

Proof of service must be filed with the court at least two business days before the return date for every OSC, motion, and post-judgment application.

Proof of service must be filed with the Court at least two (2) business days before the return date of all OSC, motions, and post-judgment applications.

CRITICAL

Applies to

Temporary injunction motion

Counsel and self-represented moving parties seeking temporary injunctive relief must demonstrate compliance with the Uniform Rules requirement to notify affected parties.

Where temporary injunctive relief is sought, counsel for the moving party or any self-represented party shall demonstrate compliance with §202.7 (f) of the Uniform Rules for the New York State Trial Courts regarding notice to affected parties.

CRITICAL

Applies to

Order to show cause

A court-signed order to show cause must be served in the manner specified in the order.

If the order to show cause is signed by the Court, a copy of it shall be served in the manner set forth therein.

CRITICAL

Applies to

Written decision and order

An e-filing party must serve the document in hard copy on any party not recorded as participating in e-filing and electronically file proof of that service.

E-filing parties must serve documents in hard copy on parties who have not recorded their participation in e-filing and e-file proof of such service.

CRITICAL

Requests to adjourn a motion's return date must include notice to all parties.

In accordance with the Westchester Supreme Court Civil Case Management Rules, requests to adjourn the return date of a motion must be made in writing to the Motion Support Clerk by e-mail to MotionSupportWestchester@nycourts.gov at least two (2) business days prior to the return date, on notice to all parties.

CRITICAL

When a pending motion or branch becomes moot or academic before the Court rules, the parties must immediately notify the Court and withdraw it in writing.

IF A PENDING MOTION IS RESOLVED OR OTHERWISE RENDERED ACADEMIC OR MOOT PRIOR TO A DETERMINATION BY THE COURT, THE PARTIES ARE TO IMMEDIATELY NOTIFY THE COURT OF THE SAME AND WITHDRAW, IN WRITING, THE MOTION, OR ANY BRANCH OF THE MOTION, WHICH HAS BEEN RESOLVED OR RENDERED MOOT OR ACADEMIC.

CRITICAL

Applies to

Correspondence

Service

Electronic service to all parties

Correspondence to the Court must be copied to all parties.

All correspondence to the Court shall be via NYSCEF and copied to all parties and set forth the name and Index number of the case to which it pertains.

CRITICAL

Copies of the complete list of jury-charge requests must be provided to all other counsel and self-represented parties at the commencement of trial.

In all jury trials, a complete list of requests to charge shall be submitted to the Court immediately upon commencement of trial, with copies to be provided to all other counsel and self-represented parties.

CRITICAL

Applies to

Verdict sheet

If the parties cannot agree on a verdict sheet, each party must present a proposed verdict sheet and serve it on all other parties.

If agreement cannot be reached, each party shall present a proposed verdict sheet which shall be served upon all other parties.

CRITICAL

E-filing parties must serve documents in hard copy on non-e-filing participants and electronically file proof of that service.

E-filing parties must serve documents in hard copy on parties who have not recorded their participation in e-filing and e-file proof of such service.

CRITICAL

Service

Email to clerk

When redacted filings are permitted, the redacted document is filed on NYSCEF and the unredacted document is simultaneously emailed to the Part Clerk.

Where permissible, redacted document(s) shall be filed to NYSCEF, and the unredacted version of said document(s) shall be simultaneously emailed to the Part Clerk.

CRITICAL

Applies to

Trial notebook

Hard-copy trial notebooks must be delivered to the Part Clerk and to all counsel and self-represented parties by the filing date, and an affidavit of service must be filed through NYSCEF.

Hard copies of trial notebooks shall be delivered to the Part Clerk and shall also, on the day of or before filing with the Clerk, be delivered to all Counsel and self-represented parties. Affidavits of service reflecting service of the trial notebook shall be filed via NYSCEF.

CRITICAL

Applies to

Supplemental discovery demand

Supplemental discovery demands must be served at least 20 days before the disclosure deadline, or at least 25 days before that deadline when served by mail.

Supplemental Demands for Discovery and Inspection may be served with respect to items as to which the demanding party could not reasonably have demanded in such party’s prior Demands(s) for Discovery and Inspection, provided such Supplemental Demands are served at least twenty (20) days (or if service is by mail twenty-five [25] days) prior to the expiration of the time herein set forth for the completion of disclosure.

CRITICAL

Applies to

Response to supplemental demand

Responses to supplemental discovery demands must comply with CPLR 3120, while objections must be interposed early enough to permit a conference and a request to extend the disclosure deadline.

Responses to such Supplemental Demands shall be served within the time provided by CPLR 3120, except that objections to Supplemental Demands shall be interposed sufficiently in advance of the time hereinafter set forth for the completion of disclosure so as to permit the demanding party a reasonable time to seek and obtain a conference with the Court with respect to such objections and to request an extension of the time to complete disclosure.

CRITICAL

Applies to

Letter application

Service

Email to all parties

The preliminary-conference letter application must be emailed to all parties for notice and filed on NYSCEF under the subject petition index numbers.

The letter application shall be on notice to all parties via email and filed on NYSCEF under the index number(s) of the subject petition(s).

CRITICAL

Applies to

Transcript

A proponent who will read a pre-trial examination transcript as evidence must provide a complete copy to the court and all other counsel or self-represented parties before the reading.

If any part of a transcript of an examination before trial will be read as evidence-in-chief, the proponent of the transcript must provide a complete copy of it to this Court and all other counsel or self-represented parties, prior to its reading.

CRITICAL

Deadline

24 hours

Applies to

Temporary restraining order application

At least 24 hours before making a temporary-restraining-order application, the moving party must give opposing counsel or a self-represented party notice and copies of all moving papers unless significant prejudice from notice is demonstrated.

When a proposed order to show cause seeks a temporary restraining order, the moving party must advise opposing counsel or self-represented party (and provide copies of all moving papers) twenty-four (24) hours in advance of the time, date, and place that the application will be made, unless the moving party can demonstrate significant prejudice by reason of giving notice (22 NYCRR 202-8-e).

CRITICAL

Applies to

Adjournment request

The other parties must receive notice of an appearance or motion adjournment request.

A request for an adjournment of an appearance or a motion shall be made in writing at least three (3) business days prior to the appearance or motion deadline, on notice to the other parties and shall be filed on NYSCEF.

CRITICAL

A self-represented party who has not consented to NYSCEF must serve and receive documents in hard copy unless the parties agree or the court directs otherwise.

A self-represented party who has not consented to NYSCEF participation shall file documents with the Westchester County Clerk and/or the Supreme Court Civil Calendar Office and shall serve and be served with documents in hard copy, unless there is a written agreement between parties and/or counsel or as otherwise specified by the Court.

CRITICAL

Applies to

Correspondence

Copies of court communications must be simultaneously delivered to all counsel or self-represented parties.

Communications with the Court shall be in writing and e-filed, with copies simultaneously delivered to all counsel or self-represented parties.

CRITICALCivil cases

Applies to

Requests to charge

Service

Email to opposing party

All requests-to-charge submissions must be served on opposing counsel.

All submissions must be served on opposition counsel.

CRITICAL

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.

CRITICAL

Applies to

Initiating motion papers

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.

CRITICAL

A subpoena directed to a municipal or state department or bureau must be issued by motion with at least one day's notice to both the agency and the adverse party.

CPLR Section 2307 requires the issuance of a subpoena on “a department or bureau of a municipal corporation or of the state” be done by motion on at least one day’s notice to the agency and to the adverse party.

CRITICAL

After an exhibit is admitted, its proponent must provide complete copies to the Court, the adversary, and any witness who needs one.

Upon the admission of an exhibit into evidence at a hearing or trial, the proponent of the exhibit must provide a complete copy to the Court, their adversary, and a copy for any witness that may require same.

CRITICAL

A proponent who will read an examination transcript as evidence must provide a complete copy with page-and-line citations to the Court and other parties well before the reading.

If any part of a transcript of an examination before trial will be read as evidence-in-chief, the proponent of the transcript must provide a complete copy of it to the Court and all other counsel and/or self-represented parties, well in advance of the time that it shall be read, including citations to the page and line numbers for all portions to be read, so that all objections may be addressed by the Court prior to the proposed reading.

CRITICAL

Applies to

Proposed verdict sheet

Service

Email to clerk

When the parties cannot agree on a verdict sheet, each must email a proposed verdict sheet to the Principal Law Clerk while giving notice to all other parties.

If an agreement cannot be reached, each party must submit a proposed verdict sheet to the Principal Law Clerk via email on notice to all other parties.

CRITICAL

Deadline

2 business days

Applies to

Examination transcript

At least two business days before a pre-trial examination transcript is read, its proponent must provide a complete copy with page-and-line citations to the court and all other parties.

If any part of a transcript of an examination before trial will be read as evidence-in- chief, the proponent of the transcript must provide a complete copy of it to the Court and all other counsel and/or self-represented parties at least two (2) business days in advance, including citations to the page and line numbers for all portions to be read, so that all objections may be addressed by the Court prior to the proposed reading.

CRITICAL

Supplemental discovery demands may be served only for items that could not reasonably have been demanded previously and must be served at least 20 days before the disclosure deadline, or 25 days before the deadline when served by mail.

Supplemental Demands for Discovery and Inspection may be served with respect to items as to which the demanding party could not reasonably have demanded in such party’s prior Demand(s) for Discovery and Inspection, provided such Supplemental Demands are served at least twenty (20) days (or if service is by mail twenty-five [25] days) prior to the expiration of the time herein set forth for the completion of disclosure.

CRITICAL

Applies to

Note of issue

Plaintiff must serve the Note of Issue and Certificate of Readiness on any NYSCEF-opted-out party within 20 days after entry of the order and file proof of that service through NYSCEF.

(3) NOTE OF ISSUE IF PARTY HAS OPTED OUT OF NYSCEF: Plaintiff shall also serve a copy of the Note of Issue and Certificate of Readiness within twenty (20) days of entry of this Trial Readiness Order upon any party who has opted out of NYSCEF, and shall file proof of service thereof via NYSCEF; and

CRITICAL

Demands for discovery and inspection must be served by the stated deadline.

c. Demands for Discovery and Inspection (CPLR §3120) shall be served on or before______________________.

CRITICAL

Applies to

Decision and order

E-filing parties must serve hard copies on non-NYSCEF participants and electronically file proof of that service.

E-filing parties shall serve documents in hard copy on parties who have not recorded their participation in NYSCEF and shall e-file proof of such service.

CRITICAL

Service

Email to clerk

A party requesting a conference adjournment may upload the request to NYSCEF but must also email it to the Part Clerk with notice to all other parties.

While a party may upload to NYSCEF a request for an adjournment by selecting NYSCEF document type “Adjournment of Conference-Request,” the party must also e-mail the adjournment request to the Part Clerk on notice to all other parties.

CRITICAL

Service

Mail

Summary-judgment motions, cross-motions, opposition papers, and reply papers must be mailed to an NYSCEF-opted-out party within the prescribed deadlines, with an affidavit of service uploaded to NYSCEF.

(5) SUMMARY JUDGMENT MOTIONS IF PARTY HAS OPTED OUT OF NYSCEF: If a party has opted out of NYSCEF, a copy of any motion(s) or cross-motion(s) for summary judgment, opposition papers, reply papers must be served upon that party by mail within the prescribed time periods and an affidavit of such service shall be uploaded to NYSCEF.

CRITICAL

Responses to discovery and inspection demands must be served no later than the stated period after receipt of the opposing party’s demands.

d. All responses to Discovery and Inspection demands shall be served no later than ____________after receipt of the opposing party’s demands.

CRITICAL

If the parties cannot agree on a verdict sheet, each party must prepare a proposed verdict sheet and serve it on every other party.

If agreement cannot be reached, each party shall present a proposed verdict sheet which shall be served upon all other parties.

CRITICAL

Responses to supplemental demands must comply with CPLR § 3120, while objections must be raised early enough to leave time for a conference and a request to extend the disclosure deadline.

Responses to such Supplemental Demands shall be served within the time provided by CPLR §3120, except that objections to Supplemental Demands shall be interposed sufficiently in advance of the time hereinafter set forth for the completion of disclosure so as to permit the demanding party a reasonable time to seek, and obtain a conference with the Court with respect to such objections and to request an extension of the time to complete disclosure.

CRITICAL

All interrogatories must be served by the case-specific date entered in the stipulation, and responses must comply with CPLR § 3133.

All Interrogatories shall be served on or before ______________. Responses shall be served in conformity with CPLR §3133.

CRITICAL

The deposition transcript must be delivered to the deposed party within 45 days and thereafter returned duly executed.

d. The transcript of an examination before trial shall be delivered to the party deposed within forty-five (45) days of the deposition, and shall be returned, duly executed thereafter pursuant to CPLR 3116 (a).

CRITICAL

Applies to

Summary judgment motion

Service

Electronic service

Summary-judgment motions and cross-motions must be served through NYSCEF within 60 days after the Note of Issue is filed there.

(4) SUMMARY JUDGMENT MOTIONS: Any motion(s) or cross-motion(s) for summary judgment by any party must be served via NYSCEF within sixty (60) days following the filing of the Note of Issue on NYSCEF; opposition papers must be served via NYSCEF within 30 days of service of motion papers; and reply papers, if any, must be served via NYSCEF within 10 days following service of any opposition papers; and

CRITICAL

By the stated deadline, all parties must exchange witness names and addresses, opposing-party statements, and photographs, or state in writing that no statements or photographs exist.

a. On or before_______________, all parties shall exchange names and addresses of all witnesses, and shall exchange statements of opposing parties and photographs, or if none, shall so state in writing.

CRITICAL

Copies of physicians’ medical reports must be served on all parties at least 20 days before the physical examination.

b. Pursuant to 22 NYCRR §202.17(b), at least 20 days before such examination, copies of medical reports of physicians shall be served upon all parties.

CRITICAL

Applies to

Note of issue

Service

Electronic service

Plaintiff must serve the Note of Issue and Certificate of Readiness through NYSCEF within 20 days after entry of the order.

(2) NOTE OF ISSUE: Plaintiff shall serve and file a Note of Issue and Certificate of Readiness via NYSCEF within twenty (20) days of entry of this Trial Readiness Stipulation and Order. Failure to file a note of issue within 90 days may result in dismissal of your case; and

WARNING

Objections to the admissibility of an appraisal must be filed within thirty days of service of the appraisal or they are waived.

Any objection to the admissibility of an appraisal is waived unless the opposing party files specific objections within thirty (30) days of service of the appraisal.

WARNING

Applies to

Exhibits

Counsel must advise the court before jury selection of anticipated exhibits or demonstrative evidence intended for opening statements and provide a copy to opposing counsel.

if counsel intends to use/read from any anticipated exhibit or item or 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.

WARNING

Deadline

24 hours

Applies to

Temporary restraining order application

The Court may waive the 24-hour notice requirement for a proposed temporary restraining order.

The Court has the discretion to dispense with the twenty-four (24) hour notice requirement.

WARNING

A response to objections to an appraisal must be filed within twenty days of service of the objections.

A response must be filed within twenty (20) days of service of the objections.

WARNING

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.

WARNING

Applies to

Exhibits

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.

WARNING

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.

WARNING

Applies to

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.

WARNING

Applies to

Decision and order

Service directions in a court decision supplement rather than replace the service requirements stated in the rules.

Parties are reminded to pay particular attention to any directions for service contained in a decision issued by the Court, which are in addition to, and not in place of, the directions in the Rules below.

INFO

Applies to

Order to show cause

Service

Electronic service

If the case is not an e-file case or the moving party has not opted into NYSCEF, the Court will email the signed Order to Show Cause to that party.

If it is not an e-file case or the moving party has not opted into NYSCEF, the Court will email the signed Order to Show Cause to the moving party.