Court Rules

Court-wide rules

Applies court-wide

These 98 rules apply across New York Supreme Court, Bronx County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 29
  • Applies to
    Agreement to mediate

    In non-matrimonial presumptive mediation cases, all parties or their attorneys must complete the agreement to mediate, upload it to NYSCEF, and email a copy to the ADR Department.

  • Applies to
    Agreement to mediate

    In matrimonial presumptive mediation cases, all parties or their attorneys must complete the agreement to mediate, upload it to NYSCEF, and email a copy to the Matrimonial ADR Coordinator.

  • Applies to
    Working copy

    Each covered document must first be filed through NYSCEF, after which its working copy delivered to the Part must have a firmly affixed, outward-facing copy of the related NYSCEF Notice on the back page; the Part will not accept a working copy without that notice.

E-Filing

All 18
  • Applies to
    Agreement to mediate

    The completed agreement to mediate must be submitted through NYSCEF, with an additional copy emailed to BXSUPADR@nycourts.gov.

  • Applies to
    Agreement to mediate

    The completed matrimonial agreement to mediate must be submitted through NYSCEF, with an additional copy emailed to BXSUPADRMAT@NYCourts.gov.

  • A motion on notice or notice of petition in a New York Supreme Court e-filed case must be filed through NYSCEF.

Filing Timing

All 18

  • After filing through NYSCEF and paying the motion fee, the Motion Support Office automatically calendars the matter, and the filer need not take further action.

  • Deadline
    3 business days

    The supporting papers and proof of hard-copy service must be e-filed within three business days after service.

  • An Order to Show Cause must be commenced by April 18, 2024, or within three business days after the Board of Elections invalidates the petition.

Adjournments

All 10

  • A compliant motion adjournment may be obtained by filing a stipulation of all parties through NYSCEF using the designated Stipulation to Adjourn Motion filing.

  • A non-stipulated adjournment or notice request is sent to Chambers for judicial decision, and the requesting attorney must notify the adversary of the result.

  • An adjournment of the hearing's commencement requires compelling reasons and approval from both the Referee and the referring Justice.

More categories

View all New York Supreme Court, Bronx County rules
About Judge Ben Barbato

- **Part:** Part IA-15

Common questions about Judge Ben Barbato's rules

Are courtesy copies required for Judge Ben Barbato?

Chambers does not require working copies of electronically filed motion papers.

View ruleSource: page 2, section II.C. Motions

Does Judge Ben Barbato require a pre-motion conference or letter before filing a motion?

Judge Ben Barbato's rules set a pre-motion procedure for covered motions. Motions are ordinarily decided on submission unless the court specifically schedules oral argument or a conference by Microsoft Teams.

View ruleSource: page 2, section II.C. Motions

What must be included with stipulation filings before Judge Ben Barbato?

The rule identifies required filing content or certificates. The discovery-completion stipulation must certify that discovery is complete and provide for filing the Note of Issue.

View ruleSource: page 1, section I. Disclosure Conferences

What must be included with note of issue filings before Judge Ben Barbato?

The rule identifies required filing content or certificates. A Note of Issue may not be filed unless it is fully stipulated or the court grants leave through its Law Clerk.

View ruleSource: page 1, section I. Disclosure Conferences

How may parties contact Judge Ben Barbato's chambers?

The rule addresses email communications with Judge Ben Barbato's chambers. The rule lists email PARTIA15@nycourts.gov. Every email to the Court must copy all other parties; ex parte communications are not accepted and noncompliant emails may be deleted without response.

View ruleSource: page 1, section I. Disclosure Conferences

How do I request an adjournment or extension before Judge Ben Barbato?

Advance notice is not fully stated in the structured details. Failure to contact the court before the scheduled pretrial conference date causes the conference to be administratively adjourned to a future date.

View ruleSource: page 2, section II.A. Pre-Trial Conferences

Is electronic filing required before Judge Ben Barbato?

Yes. Electronic filing is required for the covered filings. When discovery issues are fully resolved, the parties must e-file a fully executed stipulation on NYSCEF and email a copy to Part 15 with the specified subject-line format.

View ruleSource: page 1, section I. Disclosure Conferences

What filing deadlines does Judge Ben Barbato set?

A motion for summary judgment is due sixty days after the Note of Issue is filed, and the parties may not stipulate to extend that period.

View ruleSource: page 2, section II.C. Motions
Complete rules summary for Judge Ben Barbato

When discovery issues are fully resolved, the parties must e-file a fully executed stipulation on NYSCEF and email a copy to Part 15 with the specified subject-line format.

Stipulations must be uploaded to NYSCEF; an acceptable stipulation will be so ordered and sent to the clerk for NYSCEF upload.

If all parties agree discovery is complete, they must file the fully executed stipulation on NYSCEF, or email it to Part 15 in non-electronic cases, by the scheduled status/compliance conference date.

The discovery-completion stipulation must certify that discovery is complete and provide for filing the Note of Issue.

Every email to the Court must copy all other parties; ex parte communications are not accepted and noncompliant emails may be deleted without response.

A Note of Issue may not be filed unless it is fully stipulated or the court grants leave through its Law Clerk.

When parties reasonably disagree that discovery remains outstanding, they may request an accelerated compliance conference by emailing the Court’s Law Clerks.

A request for an accelerated compliance conference must identify the specific discovery disagreement and the good-faith efforts to resolve it.

By the designated pretrial conference date, the parties must e-file in e-file cases and email Part 15 a notice identifying the parties’ pretrial posture and any settlement amount that is not confidential.

The pretrial notice must disclose the defendant’s insurance policy limits.

Failure to contact the court before the scheduled pretrial conference date causes the conference to be administratively adjourned to a future date.

A notice requesting a pretrial conference must be signed or agreed to by all parties.

Settlement conferences are conducted virtually through Microsoft Teams.

To request a settlement conference, the parties must confer with one another and email the request to Part 15.

A settlement-conference request must include the case name, index number, and attorneys’ names and contact phone numbers.

Motions are ordinarily decided on submission unless the court specifically schedules oral argument or a conference by Microsoft Teams.

The parties must contact the court immediately about developments affecting resolution of a pending motion.

Any email sent to the court about a motion must copy all other parties in the case.

Chambers does not require working copies of electronically filed motion papers.

A motion for summary judgment is due sixty days after the Note of Issue is filed, and the parties may not stipulate to extend that period.

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