Judge Reginald A. Boddie
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
Court-wide- When Fully Briefed
Courtesy copies
Court-wideTerms Of Sale
Court-wide- Upon request
Adjournments
- A stipulated adjournment may be filed if signed by all parties and submitted at least three business days before the first appearance.
- An adjournment of a scheduled appearance requires court permission and an e-filed request at least two business days in advance, unless good cause justifies a late request.
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Page & Word Limits1 rule
After good-faith efforts fail, the aggrieved party may seek a Rule 14 conference by a letter of no more than three pages or by telephone with all counsel participating.
If, after good faith efforts, the parties are unable to resolve or narrow the items in dispute, the aggrieved party may contact the court by letter (no more than three pages in length) or telephone (with all counsel participating) to arrange a Rule 14 conference.
Discovery Dispute Letter
3 pages
Document Format Requirements2 rules
In-camera documents must be paginated; unpaginated documents will be returned for resubmission.
Pagination of the in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.
If sealing is granted, confidential filings must use sealed envelopes or suitable sealed containers marked with the case caption, the specified confidentiality legend, and a description of the contents.
In the event the motion to seal is granted, all (or, if directed by the court, portions of) deposition transcripts, exhibits, answers to interrogatories, and other documents which have previously been designated by a Party (or, as appropriate, non-party) as comprising [UCS rev. 6/2016] ===== PAGE 8 ===== or containing Confidential Information, and any pleading, brief or memorandum which reproduces, paraphrases or discloses such material, shall be filed in sealed envelopes or other appropriate sealed container on which shall be endorsed the caption of this litigation, the words “CONFIDENTIAL MATERIAL-SUBJECT TO STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION” as well as an indication of the nature of the contents and a statement in substantially the following form:
Document Filing Requirements27 rules
A copy of each deposition intended for trial must be furnished to the Court when trial begins.
A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.
Document Type
Trial Depositions
At the inquest, plaintiff must provide the Court with copies of the marked pleadings and default judgment.
At the time of the inquest, plaintiff shall provide the Court with a copy of marked pleadings and a copy of the default judgment.
Document Type
Inquest Submission
Before an in-camera inspection, parties must submit a detailed privilege log under CPLR 3122(b).
Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR 3122(b).
Document Type
In Camera Inspection Submission
Infant compromise submissions must include medical reports, a physician affirmation, a settlement letter with an appearance waiver, and an affirmation of no liens.
The infant’s medical reports, a physician affirmation, a settlement letter that includes a waiver of appearance, and an affirmation of no liens are required with the submissions.
Document Type
Infant Compromise Submission
Before trial, counsel must provide a potential-witness list in calling order, including experts, their expertise, and a summary of expected testimony.
Prior to trial, counsel shall provide to the Court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.
Document Type
Trial Witness List
Petitions for compromise orders must be filed through Motion Support or Special Term Part 72.
Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72.
Document Type
Infant Compromise Petition
An amendment to a compromise order must include an attorney affirmation explaining the proposed amendment and its reason, along with other necessary papers.
Amendments to compromise orders must include an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
Document Type
Compromise Order Amendment
A previously signed compromise order must be attached as an exhibit, and the partial settlement must be stated in the attorney affirmation supporting the final compromise order.
If a compromise order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final compromise order.
Document Type
Infant Compromise Submission
A written motion in limine must be supported by a memorandum of law citing the Official Reports.
A written memorandum of law with citations to the Official Reports is required.
Document Type
Motion In Limine
Before trial, counsel must furnish marked pleadings and a copy of the Bill of Particulars to the Court.
Prior to trial, counsel shall furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR 4012 and the Uniform Rules for Civil Supreme Court § 202.35.
Document Type
Trial Submission
Counsel must provide the Court with an exhibit list before trial.
A list of the exhibits shall also be provided to the Court prior to trial.
Document Type
Trial Exhibits
Certified medical records or physician testimony are required to prove damages at an inquest.
Certified medical records or testimony of a physician are required to prove damages.
Document Type
Inquest Damages Submission
A sealed container must include a notice restricting disclosure and warning that violations may constitute contempt.
“This envelope, containing documents which are filed in this case by (name of Party or as appropriate, non-party), is not to be opened nor are the contents thereof to be displayed or revealed other than to the Court, the parties and their counsel of record, except by order of the Court or consent of the parties. Violation hereof may be regarded as contempt of the Court.”
Document Type
Sealed Filing
Every pro hac vice admission request, including stipulated requests, must include a supporting New York Bar member affirmation, an applicant affirmation, and a recent certificate of good standing.
Requests for admission pro hac vice, including requests made by stipulation, shall be accompanied by an affirmation in support by a member of the Bar of the State of New York, an affirmation from the applicant, and a recent certificate of good standing for the applicant.
Document Type
Pro Hac Vice Request
A sealing motion must include a jointly prepared spreadsheet or chart identifying each document, sealing proponent, reason, and any objection and its basis.
The motion to seal should be accompanied by a spreadsheet or chart jointly created by the parties indexing: a) the title of the documents to be sealed; b) the proponent of the request to seal; c) the reason the document should be sealed and/or redacted; and d) any objection to the request together with the basis therefor.
Document Type
Sealing Motion
Every stipulation to adjourn must include a proposed briefing schedule.
All stipulations to adjourn shall be accompanied by a briefing schedule.
Document Type
Adjournment Stipulation
Motion sequence numbers must appear on all listed motion papers, exhibits, orders, and related correspondence.
Motion Sequence Numbers shall appear on motion papers, including the notice of motion, memos of law, exhibits, affirmations, settled orders, and all correspondence pertaining to the motion.
Document Type
Motion Papers
The pro hac vice support affirmation must disclose whether the applicant has had or currently has disciplinary proceedings.
The affirmation must also disclose whether the applicant has ever been, or is presently, subject to disciplinary proceedings.
Document Type
Pro Hac Vice Support Affirmation
A request for a confidentiality order must include a counsel statement that the proposed order strictly follows Appendix B.
Any request for a confidentiality order shall be accompanied by a statement of counsel that the proposed order strictly follows the text of Appendix B.
Document Type
Confidentiality Order Request
An inquest submission should include an attorney affirmation reciting the relevant facts, grounds for liability, and damages incurred.
Attorney’s affirmation setting forth a brief recitation of the facts and the grounds for liability. The affirmation should also discuss the damages incurred.
Document Type
Inquest Submission
A party seeking to deviate from the prescribed confidentiality stipulation and order must follow Rule 11-g(b).
Parties seeking to deviate should follow Rule 11-g (b).
Document Type
Confidentiality Order Request
Exhibits should accompany all requests for damages in an inquest submission.
Exhibits should be submitted in support of all requests for damages.
Document Type
Inquest Submission
An inquest damages submission should include an affidavit from a knowledgeable person explaining how damages were calculated.
A submission in support of an inquest should include:An affidavit from a person with knowledge of the facts setting forth how damages are computed.
Document Type
Inquest Submission
Proposed findings of fact and a proposed order should accompany an inquest submission through e-filing.
Proposed findings of fact and a proposed order should be e-filed.
Document Type
Inquest Submission
For a nondefault inquest, evidence may address only causes of action for which liability was found.
For inquests not granted on default, submitted evidence shall be limited to causes of action as to which liability was found.
Document Type
Inquest Submission
Each exhibit should be e-filed separately with a descriptive title and motion sequence number rather than merely an exhibit letter.
Exhibit Labeling. Each exhibit whether appended to an affidavit or otherwise should be e-filed separately with a descriptive title (Designation of a document as simply “Exhibit A” does not satisfy this requirement), and with motion sequence number.
Document Type
Exhibit
Citations and copies of relevant court decisions and statutes should be provided before the plaintiff’s case begins and whenever the Court requests them.
Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.
Document Type
Trial Supporting Materials
Filing & Service rules
Electronic Filing Rules
Filings containing confidential information must be submitted electronically on NYSCEF in redacted form until the court rules on a motion to seal.
A Party or, as appropriate, non-party, who seeks to file with the Court (i) any deposition transcripts, exhibits, answers to interrogatories, or other documents which have previously been designated as comprising or containing Confidential Information, or (ii) any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information shall file the document, pleading, brief, or memorandum on the NYSCEF system in redacted form until the Court renders a decision on any motion to seal (the “Redacted Filing”).
Page 6 | In Counties WITH Electronic Filing
All Commercial Division cases must be filed electronically through NYSCEF.
E-Filings. All cases in the Commercial Division must be electronically filed through the New York State Courts E-Filing (NYSCEF) system.
Page 1 | 2. Filing of Papers and Courtesy Copies
All parties must keep their e-file contact information current.
All parties to the case are required to keep their contact info on e-file current.
Page 1 | 2. Filing of Papers and Courtesy Copies
Filing Timing and Cure Windows
Parties submitting answering papers must do so at least five (5) business days before the return date.
All answering papers must be submitted at least five (5) business days prior to the return date.
Page 1 | ADJOURNMENTS
If no motion to seal is made within seven days after the redacted filing, the filing must be replaced with the corresponding unredacted version.
If the Producing Party fails to move to seal within seven (7) days of the Redacted Filing, the Party (or, as appropriate, non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version.
Page 6 | In Counties WITH Electronic Filing
If the producing party does not move to seal within the stated period, the filing party must take steps to file an unredacted version.
(b) If the Producing Party does not file a motion to seal within the aforementioned three (3) day period, the Party (or, as appropriate. non-party) that seeks to file the Confidential Information shall take steps to file an unredacted version of the material.
Page 7 | In Counties WITHOUT Electronic Filing
The Producing Party may file a motion to seal the Confidential Information within three (3) days thereafter.
Within three (3) days thereafter, the Producing Party may file a motion to seal such Confidential Information.
Page 7 | In Counties WITHOUT Electronic Filing
Service and Proof of Service Rules
Motion papers, answering affidavits, and reply affidavits must be served under CPLR 2214 unless the parties stipulate otherwise or the court orders otherwise.
Motion papers, answering affidavits, and reply affidavits must be served in accordance with CPLR 2214 unless otherwise stipulated or ordered.
Page 1 | MOTIONS
The other parties and any appropriate non-parties must receive both a redacted filing and a complete unredacted version.
13. (a) A Party or, as appropriate, non-party, who seeks to file with the Court any deposition transcripts, exhibits, answers to interrogatories, and other documents which have previously been designated as comprising or containing Confidential Information, or any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information, shall (i) serve upon the other Parties (and, as appropriate, non-parties) a Redacted Filing and a complete and unredacted version of the filing; (ii) file a Redacted Filing with the court; and (iii) transmit the Redacted Filing and a complete unredacted version of the filing to chambers. Within three (3) days thereafter, the Producing Party may file a motion to seal such Confidential Information.
Page 7 | In Counties WITHOUT Electronic Filing
Within 24 hours after a redacted filing, a filer must notify a non-party producing party and provide both the redacted filing and a version leaving that producer’s confidential information unredacted.
(d) In the event that the Party’s (or, as appropriate, non-party’s) filing includes Confidential Information produced by a Producing Party that is non-party, the Party (or, as appropriate, non-party) making the filing shall so notify the Producing Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the relevant non-party’s Confidential Information unredacted.
Page 8 | In Counties WITHOUT Electronic Filing
A proof of service must be filed showing that all inquest papers and exhibits were served on opposing parties.
Proof of service shall be filed, indicating that all papers and exhibits submitted to the court were served on opposing parties.
Page 1 | 9. Inquest Procedures
Papers served under an Order to Show Cause must be received by 5:00 PM on the specified date unless the court directs otherwise.
Papers served on counsel pursuant to an Order to Show Cause shall be served in a manner that results in receipt by 5:00 PM on the date specified unless the court directs otherwise.
Page 1 | 10. Motion Practice
Sealing & Redaction Procedures
After a motion to seal is granted, the court-ordered sealed documents must follow NYSCEF sealed-document procedures; if the motion is denied, the redacted filing must be replaced with an unredacted version.
If the Producing Party makes a timely motion to seal, and the motion is granted, the filing Party (or, as appropriate, non-party) shall ensure that all documents (or, if directed by the court, portions of documents) that are the subject of the order to seal are filed in accordance with the procedures that govern the filing of sealed documents on the NYSCEF system. If the Producing Party’s timely motion to seal is denied, then the Party (or, as appropriate, non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version.
Page 6 | In Counties WITH Electronic Filing
Confidential information must be redacted in the initial NYSCEF filing pending the court’s decision on a motion to seal.
A Party or, as appropriate, non-party, who seeks to file with the Court (i) any deposition transcripts, exhibits, answers to interrogatories, or other documents which have previously been designated as comprising or containing Confidential Information, or (ii) any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information shall file the document, pleading, brief, or memorandum on the NYSCEF system in redacted form until the Court renders a decision on any motion to seal (the “Redacted Filing”).
Page 6 | In Counties WITH Electronic Filing
A party filing a redacted document must contemporaneously or beforehand provide complete unredacted copies to the other parties and the Court.
(d) Any Party filing a Redacted Filing in accordance with the procedure set forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing, provide the other Parties and the Court with a complete and unredacted version of the filing.
Page 7 | Stipulation and Order for the Production and Exchange of Confidential Information
In a county without electronic filing, a filing containing confidential information must be served and filed in redacted form, with redacted and unredacted copies transmitted to chambers, and the producing party may move to seal within three days.
13. (a) A Party or, as appropriate, non-party, who seeks to file with the Court any deposition transcripts, exhibits, answers to interrogatories, and other documents which have previously been designated as comprising or containing Confidential Information, or any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information, shall (i) serve upon the other Parties (and, as appropriate, non-parties) a Redacted Filing and a complete and unredacted version of the filing; (ii) file a Redacted Filing with the court; and (iii) transmit the Redacted Filing and a complete unredacted version of the filing to chambers. Within three (3) days thereafter, the Producing Party may file a motion to seal such Confidential Information.
Page 7 | In Counties WITHOUT Electronic Filing
The unredacted and proposed-redacted sealing exhibits must be hand-delivered rather than e-filed, and this is the sole exception to the e-filing requirement.
The exhibits are to be hand-delivered to the court so they can be reviewed in conjunction with the motion and are not to be e-filed. This is the only exception to the requirement that all submissions be e-filed.
Page 1 | 7. Document Sealing Procedures
A sealing motion should include the unredacted documents and corresponding proposed-redacted versions as separate related exhibits.
The sealing motion should be accompanied by unredacted versions of the relevant documents as exhibits with the proposed redacted versions submitted as a subject of that exhibit (i.e. original documents provided as Exhibit “1”; document with proposed redactions provided as Exhibit “1a”).
Page 1 | 7. Document Sealing Procedures
The parties may exchange documents under a sealing motion, but no motion papers may reference or annex them until the sealing motion is decided.
Although the parties are free to exchange documents that are the subject of a sealing motion prior to a ruling on a motion, no motion papers should be filed referencing or annexing the documents which are the subject of the motion until the motion is decided. No exceptions.
Page 1 | 7. Document Sealing Procedures
A party objecting to an unsealed, unredacted filing may seek an Order to Show Cause stating proper reasons and good cause for sealing under 22 NYCRR § 216.1.
If a party objects to a document being filed unsealed and unredacted, that party may move by Order to Show Cause giving proper reasons to seal and good cause therefore, pursuant to 22 NYCRR section 216.1.
Page 1 | 7. Document Sealing Procedures
Before filing documents designated confidential, the submitting party must give at least five business days' notice and the parties must meet and confer within three business days after notice.
Parties wishing to submit documents to the court which have been deemed confidential shall provide notice to the party who designated those documents confidential at least five (5) business days before filing the documents at issue. Within three (3) business days of such notification, the parties shall meet and confer.
Page 1 | 7. Document Sealing Procedures
All sealing orders automatically vacate when the case proceeds to trial unless the court expressly orders otherwise.
Please note that once a matter proceeds to trial, all sealing orders shall automatically be vacated unless the court expressly orders otherwise.
Page 1 | 7. Document Sealing Procedures
If the proposed redactions meet sealing standards, counsel may proceed by a stipulation stating sufficient good-cause facts and the conclusion reached for the court's approval.
If, after discussion, counsel concludes that the proposed redactions meet the standards for sealing, counsel may proceed by way of stipulation that articulates facts sufficient to support a finding of good cause and stating the conclusion reached. The stipulation shall be submitted to be so ordered.
Page 1 | 7. Document Sealing Procedures
The court typically prefers redaction of discrete potentially confidential passages rather than wholesale sealing of a document.
Typically, the Court will be interested in redacting only discrete passages containing potentially confidential information as opposed to the wholesale sealing.
Page 1 | 7. Document Sealing Procedures
Filing Bundling Requirements
Every stipulation of adjournment must be accompanied by a briefing schedule.
Stipulations of adjournment must be accompanied by a briefing schedule.
Page 1 | ADJOURNMENTS
Discovery remains available while any motion is pending unless the court directs a stay.
Discovery is not stayed during the pendency of any motion unless the court directs otherwise.
Page 1 | 10. Motion Practice
Filing a dispositive motion does not stay discovery unless the court orders otherwise.
Unless otherwise directed by the court, discovery is not stayed upon the filing of a dispositive motion.
Page 1 | 8. Discovery Related Matters
Pre-Motion Conference Requirements
For an adjourned motion, fully briefed papers must be submitted one week before the return date.
Fully briefed papers are due one week prior to the return date.
Page 1 | 10. Motion Practice
Adjournment & Extension Requirements
After the first adjournment, the party seeking a further adjournment must obtain the Court’s consent.
After the first adjournment, consent of the Court is required.
Page 1 | ADJOURNMENTS
A stipulated adjournment may be filed if signed by all parties and submitted at least three business days before the first appearance.
A stipulation of adjournment may be filed, signed by all parties, at least three (3) business days prior to the first appearance.
Page 1 | ADJOURNMENTS
An adjournment of a scheduled appearance requires court permission and an e-filed request at least two business days in advance, unless good cause justifies a late request.
Court permission is needed to adjourn any scheduled appearance. Requests shall be e-filed no later than two (2) business days in advance of the scheduled appearance. Requests submitted after the deadline will be denied absent a showing of good cause.
Page 1 | 4. Scheduling
A first-time motion adjournment should not select a date more than 30 days away without court consent.
Do not choose an adjourn date longer than 30 days without consent of court.
Page 1 | 10. Motion Practice
A motion appearing for the first time may be adjourned by party stipulation or by application to the court.
Motions on the calendar for the first time may be adjourned by stipulation of the parties or upon application to the court.
Page 1 | 10. Motion Practice
Motion adjournments other than first-time adjournments by stipulation or application must be requested by application to the court.
All other adjournments must be sought by application to the court.
Page 1 | 10. Motion Practice
Chambers Communication Rules
A request for oral argument must be emailed to hsuh@nycourts.gov at least three days before the motion’s return date, and the argument must occur in person on that date at a court-provided time.
If any party requests oral argument, argument must be IN PERSON on the return date. The court will provide a specific time for parties to appear. Request for oral argument must be made by email to hsuh@nycourts.gov at least three days before the motion’s return date.
Page 1 | MOTIONS
If good faith efforts do not resolve or narrow disputed items, the aggrieved party may contact the court by a letter no more than three pages long or by telephone with all counsel participating to arrange a Rule 14 conference.
If, after good faith efforts, the parties are unable to resolve or narrow the items in dispute, the aggrieved party may contact the court by letter (no more than three pages in length) or telephone (with all counsel participating) to arrange a Rule 14 conference.
Page 1 | 8. Discovery Related Matters
Before telephoning chambers, the calling party must place the other parties on the line for a conference.
Any party wishing to communicate with chambers by telephone shall conference the other parties on the line before placing the call to the court.
Page 1 | 5. Communicating with the Court
Counsel must notify chambers as soon as practicable of settlements concerning active cases or pending motions, by conference or email.
Timely Notice of Settlement of Cases or Issues. In order to conserve scarce court resources, counsel shall notify the court, as soon as practicable, by conference or email to chambers, of the settlement of active cases or pending motions.
Page 1 | 1. General Matters
The court may use email for scheduling and certain inquiries, but counsel may not use email to make legal arguments.
E-Mail. The court may use e-mail to communicate with counsel regarding scheduling or to make certain inquiries. Counsel shall not use e-mail to make arguments.
Page 1 | 5. Communicating with the Court
The court may use e-file contact information to schedule necessary conferences and arguments.
Conferences and arguments, when necessary, will be scheduled by the court using the information in e-file.
Page 1 | 2. Filing of Papers and Courtesy Copies
Litigants may communicate with the court by email or telephone, and telephone calls should be made to the Part 12 clerk.
Litigants may communicate with the court by email or telephone. Calls should be made to the Part 12 Clerk.
Page 1 | 5. Communicating with the Court