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.

About Judge Joseph E. Capella

- **Position:** Administrative Judge

- **Part:** Part IA-23 - **Courtroom:** 711 - **Part Phone:** (718) 618-1201 - **Law Clerk:** Genevieve Smith Cocchi, Esq. - **Part Clerk:** Brendi Santos-Ramirez - **Administrative Aide:** Carina Coller

Common questions about Judge Joseph E. Capella's rules

Are courtesy copies required for Judge Joseph E. Capella?

Courtesy-copy rule applies for notice of motions, order to show causes, affidavits, affirmations, and briefs. Hard copies of motion papers must be provided to the court, but copies of exhibits are not required.

View ruleSource: page 1, section Motion Procedure Generally

How do I request an adjournment or extension before Judge Joseph E. Capella?

Advance notice is not fully stated in the structured details. Parties should contact chambers about an adjournment only after they fail to obtain a mutually consented adjournment.

View ruleSource: page 1, section Motion Procedure Generally

What filing deadlines apply to note of issue filings before Judge Joseph E. Capella?

A Note of Issue may be filed only after discovery is complete and the court has entered an order permitting the filing.

View ruleSource: page 1, section Note of Issue
Complete rules summary for Judge Joseph E. Capella

A Note of Issue may be filed only after discovery is complete and the court has entered an order permitting the filing.

Hard copies of motion papers must be provided to the court, but copies of exhibits are not required.

A summary-judgment motion must be filed no later than 60 days after the Note of Issue unless the court grants leave for good cause shown.

Parties should contact chambers about an adjournment only after they fail to obtain a mutually consented adjournment.

After receiving a Compromise Order from the Orders Department, the court will review it and notify counsel by phone when to appear.

Counsel will be notified of deficiencies in submitted papers and, when appropriate, may submit additional information to cure them.

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