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 Mary Lynn Nicolas-Brewster

- **Part:** Part IA-11 - **Courtroom:** 706 - **Law Clerk:** Mr. Alex Zamenhof, Esq. - **Assistant Law Clerk:** Mr. Bogdan Cvetkovic, Esq. - **Part Clerk:** Ms. Crystal Devore

Common questions about Judge Mary Lynn Nicolas-Brewster's rules

Are courtesy copies required for Judge Mary Lynn Nicolas-Brewster?

Courtesy-copy rule applies for proposed orders. Details: delivery after oral argument, by email. If directed by the Court, the submitting party must email proposed orders in Word format to the law clerks and copy all parties after oral argument.

View ruleSource: page 11, section G. Motions

Does Judge Mary Lynn Nicolas-Brewster require a pre-motion conference or letter before filing a motion?

Judge Mary Lynn Nicolas-Brewster's rules set a pre-motion procedure for discovery. Discovery motions are highly discouraged and may be filed only with the Court’s permission after the required steps and a conference with the Court.

View ruleSource: page 9, section E. Discovery

What formatting rules apply to filings before Judge Mary Lynn Nicolas-Brewster?

Judge Mary Lynn Nicolas-Brewster's formatting rule includes file format docx. The proposed order and judgment must be submitted in Word format.

View ruleSource: page 13, section I. Inquests and Infant Compromise Orders

What must be included with filings before Judge Mary Lynn Nicolas-Brewster?

The rule identifies required filing content or certificates. As soon as practicable, the parties must file a fully executed settlement, discontinuance, or withdrawal stipulation through NYSCEF and email it to the part clerk.

View ruleSource: page 5, section C. Adjournments

What must be included with discovery motion filings before Judge Mary Lynn Nicolas-Brewster?

The rule identifies required filing content or certificates. A discovery motion that cannot be resolved without motion practice must include counsel’s affidavit or affirmation documenting the required discovery conference.

View ruleSource: page 8, section E. Discovery, Discovery Disputes

How may parties contact Judge Mary Lynn Nicolas-Brewster's chambers?

The rule addresses email communications with Judge Mary Lynn Nicolas-Brewster's chambers. Email communications must include all parties and confirm their inclusion; emails to chambers or law clerks are prohibited except when responding to chambers, authorized by the Court, or expressly permitted by the rules, and the Judge may not be copied.

View ruleSource: page 3, section B. Communications with the Court

How does Judge Mary Lynn Nicolas-Brewster handle sealed or redacted filings?

Judge Mary Lynn Nicolas-Brewster's rules set procedures for sealed or redacted filings. Parties must omit or redact confidential personal information from papers submitted for filing.

View ruleSource: page 3, section A. General Part Rules

How do I request an adjournment or extension before Judge Mary Lynn Nicolas-Brewster?

Requests should be made at least 48 hours in advance when this rule applies before Judge Mary Lynn Nicolas-Brewster. Stipulated conference adjournments must be e-filed and emailed to Chambers and the Part Clerk at least 48 hours before the motion or conference, with no more than two stipulated adjournments totaling 30 days allowed without prior court permission.

View ruleSource: page 3, section C. Adjournments

Is electronic filing required before Judge Mary Lynn Nicolas-Brewster?

Yes. Electronic filing is required for the covered filings. All Part 11 documents must be filed electronically through NYSCEF, except that unrepresented litigants are not required to use e-filing but are strongly encouraged to do so.

View ruleSource: page 3, section A. General Part Rules

What filing deadlines apply to letter filings before Judge Mary Lynn Nicolas-Brewster?

A party may upload an NYSCEF letter at least 48 hours before oral argument stating that it does not oppose or take a position on the motion and then need not attend oral argument.

View ruleSource: page 6, section D. Rules for Appearances

What rule applies to service for subpoena before Judge Mary Lynn Nicolas-Brewster?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. A subpoena sent to a non-party must be copied to all parties and include or be accompanied by a notice stating the reasons the requested disclosure is sought or required.

View ruleSource: page 10, section F. Subpoenas

Does Judge Mary Lynn Nicolas-Brewster encourage junior lawyer participation?

Yes. Judge Mary Lynn Nicolas-Brewster's rules include a junior lawyer participation incentive. The Court strongly encourages participation by women, diverse attorneys, and attorneys with less than five years of practice, including opportunities for them to appear in court.

View ruleSource: page 3, section A. General Part Rules
Complete rules summary for Judge Mary Lynn Nicolas-Brewster

The Court strongly encourages participation by women, diverse attorneys, and attorneys with less than five years of practice, including opportunities for them to appear in court.

All Part 11 documents must be filed electronically through NYSCEF, except that unrepresented litigants are not required to use e-filing but are strongly encouraged to do so.

Court communications must generally be made by written letter filed through NYSCEF, with email copies and proof of e-filing sent to the law clerks and Part Clerk and copies simultaneously sent to all parties.

Email communications must include all parties and confirm their inclusion; emails to chambers or law clerks are prohibited except when responding to chambers, authorized by the Court, or expressly permitted by the rules, and the Judge may not be copied.

Chambers may be called about scheduling only two business days before an appearance, will not respond to motion-status inquiries, and permits other calls only in urgent situations.

Chambers does not accept fax communications.

Stipulated conference adjournments must be e-filed and emailed to Chambers and the Part Clerk at least 48 hours before the motion or conference, with no more than two stipulated adjournments totaling 30 days allowed without prior court permission.

Parties must omit or redact confidential personal information from papers submitted for filing.

Stipulated adjournments of scheduled conferences totaling fewer than 30 days are deemed granted unless the Court notifies counsel otherwise.

A conference adjournment exceeding 30 days requires an NYSCEF letter and email at least 48 hours before the motion or conference date, with specified request information.

A motion may be adjourned by stipulation, but consent may not be used more than three times or for a cumulative period exceeding 60 days without a court order.

The Motion Support Office cannot grant a motion adjournment exceeding the consent-based limit under the Uniform Rules.

A motion-adjournment request exceeding the consent-based limit must state party consent, the reason, and the requested length, and will be denied if incomplete.

Even unanimous consent does not require the court to grant a motion adjournment, which remains discretionary.

A virtual appearance must be requested by an electronically filed letter, not by telephoning chambers or the part.

An opposed adjournment request must be answered by an NYSCEF letter within 24 hours, or objections will be waived.

The court will not consider adjournment requests made orally.

A motion already submitted will not be adjourned unless the requesting party shows good cause.

A request to adjourn an already-submitted motion may require an in-person appearance, with scheduling left to the court's discretion.

Parties are prohibited from requesting a virtual appearance by calling chambers or the part.

Denial of a requested adjournment does not change or reset a deadline that has already passed.

Counsel must immediately notify the court through an NYSCEF letter and email a copy and proof of filing to the judge's law clerks and part clerk when an action or motion ends or is withdrawn.

As soon as practicable, the parties must file a fully executed settlement, discontinuance, or withdrawal stipulation through NYSCEF and email it to the part clerk.

Parties may not copy the court, part, or chambers staff on their written communications with one another unless the court directs otherwise.

Scheduling, appearance, adjournment, and general case-status inquiries must be emailed to the part clerk, but the part clerk and court will not discuss or estimate the timing of a motion decision.

A party may upload an NYSCEF letter at least 48 hours before oral argument stating that it does not oppose or take a position on the motion and then need not attend oral argument.

For a court-scheduled virtual appearance, chambers will provide notice through an NYSCEF court notice and a Teams invitation and link sent to NYSCEF service email addresses, with no other notice from chambers.

In cases not filed electronically, unrepresented litigants and attorneys must provide their contact information to chambers and the part clerk to receive Teams links and other important communications.

An unrepresented litigant may contact the Bronx County Supreme Court Help Center at the stated telephone number.

An initial conference or conference adjournment must be requested by a letter filed under rule B(1), rather than by calling chambers or the part.

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