Judge Richard J. Montelione
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Letter
Proposed Order
- Email • Immediately Upon Filing
- Upon request
All filings
Court-wide- When Fully Briefed
Courtesy copies
Court-wideAdjournments
- A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.
- A party seeking a first-time calendar adjournment is expected to contact the opposing side to seek the adjournment.
- A subsequent adjournment must be supported by good cause.
- +4 more
Request must include
Communication
Clerk
Chambers
Phone
Clerk
Phone
Chambers
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideDuty Judge
Page & Word Limits2 rules
Letters to the court may not exceed two pages and must be e-filed through NYSCEF with a courtesy copy sent to Chambers by email or hand delivery.
Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Letter
2 pages
A motion in limine should be made as early as possible, and any supporting letter may not exceed two pages unless the court directs otherwise.
A motion in limine must be made as early as possible and may be made either orally or by letter limited to two pages unless the court directs otherwise.
Motion In Limine Letter
2 pages
Document Format Requirements4 rules
A Microsoft Word version of any proposed order or judgment must be provided to Chambers simultaneously.
A Microsoft Word version shall simultaneously be provided to Chambers.
DOCX
Enlarged documents or photographs not stipulated into evidence may not exceed 14 by 8.5 inches.
All documents and/or photos that are blown-up, unless stipulated by all counsel into evidence, must also be in a form no larger than 14 x 8 ½ inches.
Trial documents and photographs must be foldered and shielded from the jury until admitted into evidence.
All documents and/or photos must be in a folder and shielded from viewing by the jury until entered into evidence.
At the hearing, an unredacted proposed order must be e-mailed to Chambers as a Microsoft Word document tracking the sample-order language.
At the time of the hearing, an unredacted proposed order must be e-mailed to Chambers in a Microsoft Word format tracking the language found in the sample order provided.
DOCX
Document Filing Requirements11 rules
Merely referencing relevant documents in NYSCEF does not satisfy the requirement to annex copies.
Reference to the NYSCEF documents is not sufficient.
Document Type
Motion
Every motion for summary judgment must include a compliant Statement of Material Facts.
All motions for summary judgment shall be accompanied by a Statement of Material Facts in accordance with Part 202.8-g of the Uniform Rules of the Trial Courts.
Document Type
Summary Judgment Motion
Counsel may not make oral arguments that are not already presented in the motion papers.
Please do not make any oral arguments unless those oral arguments are within the motion papers.
Document Type
Motion
Relevant pleadings, prior applications, and prior decisions or orders must be annexed to the motion papers.
Where pleadings, prior applications, or prior decisions and orders are relevant to the motion, copies of these documents shall be annexed.
Document Type
Motion
The court will not consider reply facts that were not previously provided in the record.
If the reply contains facts not previously provided, the court will not consider such reply.
Document Type
Reply Brief
Before scheduling an infant compromise hearing, the court must receive the proposed order, relevant medical records, physician, guardian, and attorney affirmations, and the required Human Resources lien letter.
Prior to scheduling the hearing, the Court MUST receive the proposed order, copies of all relevant medical records, doctor(s) affirmations, guardian and attorney affirmations, and a NYC Department of Human Resources Lien/No Lien Letter.
Document Type
Infant Compromise Hearing
A subpoena seeking testimony or documents from a nonparty must include an affirmation of relevance and any appropriate authorizations.
If the subpoena requests testimony or documents of a non-party, it must contain an affirmation as to why testimony or documents is/are relevant, and must contain any appropriate authorizations.
Document Type
Subpoena
Unless the court sends notice accepting a settlement stipulation, the parties must appear on the scheduled return date.
If you do not receive notification from the Court, the parties must appear on the scheduled return date.
Document Type
Settlement Stipulation
Any proposed order or judgment must be submitted with a Notice of Settlement, and counterproposals must follow Uniform Rule § 202.48.
Any proposed orders and/or judgments shall be submitted with a Notice of Settlement and any counter proposals shall be submitted as set forth in § 202.48 of the Uniform Rules For the New York State Trial Courts.
Document Type
Proposed Order Or Judgment
A settlement of an order or judgment on notice must include a copy of the original order that directed the settlement.
Any Settlement of an Order or Judgment on Notice filed with the court must contain a copy of the original order directing such settlement.
Document Type
Settlement Of Order Or Judgment
Copies of correspondence between counsel must not be sent to the court.
Copies of correspondence between counsel shall not be sent to the Court.
Document Type
Correspondence
Filing & Service rules
Electronic Filing Rules
A stipulation resolving a motion must be e-filed through NYSCEF and a copy sent to Mr. Legere at least two days before the motion-calendar date.
If the parties have resolved a motion pursuant to a stipulation, the stipulation must be e-filed in NYSCEF and a copy must be sent to Mr. Legere, Esq. at least (2) days prior to the motion calendar date.
Page 1 | STIPULATIONS
Subpoenas seeking a court so-order must be deposited outside courtroom 574 and should not be e-filed through NYSCEF.
All subpoenas requested to be “so-ordered” by the court must be deposited in the basket outside courtroom 574. Subpoenas should not be e-filed to NYSCEF.
Page 1 | SUBPOENAS
A motion-withdrawal notice must be e-filed through NYSCEF, with a courtesy copy e-mailed to Chambers, at least two days before the motion-calendar date.
Any party wishing to withdraw a motion must notify the Court by e-filing a notice of withdrawal in NYSCEF and e-mailing a courtesy copy to Chambers at least (2) days prior to motion calendar date.
Page 1 | STIPULATIONS
The signed adjournment stipulation must be e-filed through NYSCEF, and a copy must be e-mailed to Chambers.
Please e-file the signed stipulation on NYSCEF and e-mail a copy to Chambers.
Page 1 | ADJOURNMENTS
Letters to the court must be e-filed through NYSCEF, with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Page 1 | COMMUNICATION
Proposed orders and requests to so-order should be e-filed through NYSCEF, with a copy e-mailed to Chambers.
Copies of proposed orders and requests to so-order should be e-filed to NYSCEF, and a copy should be e-mailed to Chambers.
Page 1 | MOTION PRACTICE IN PART 99
Filing Timing and Cure Windows
When trial is scheduled more than 30 days after a conference, any motion in limine must be made at least 15 days before trial.
If the trial is scheduled more than 30 days from the date of a conference, any motions in limine must be made at least 15 days before the trial date.
Page 1 | JURY TRIALS
Any adjournment stipulation must be e-filed by the Friday preceding the scheduled motion.
Stipulations for any adjournments must be e-filed no later than the Friday before the scheduled motion.
Page 1 | ADJOURNMENTS
Opposition papers to an OSC must be e-filed at least 24 hours before the hearing, unless filing that early is impractical.
Opposition papers to an OSC shall be e-filed at least 24 hours before the motion is to be heard unless it is impractical to do so.
Page 1 | MOTION PRACTICE IN PART 99
Courtesy Copy Requirements
A Microsoft Word copy of the proposed order or judgment must simultaneously be provided to Chambers.
A Microsoft Word version shall simultaneously be provided to Chambers.
Page 1 | PROPOSED ORDERS and/or JUDGEMENTS
The unredacted infant-compromise proposed order must be e-mailed to Chambers at the time of the hearing.
At the time of the hearing, an unredacted proposed order must be e-mailed to Chambers in a Microsoft Word format tracking the language found in the sample order provided.
Page 1 | INFANT COMPROMISE HEARINGS
A courtesy copy of each letter must be e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.
Page 1 | COMMUNICATION
Pre-Motion Conference Requirements
The court will not accept a sur-reply unless good cause is shown and the court grants a request to file it.
Regarding sur-replies, the CPLR does not provide for sur-reply papers and the court will not accept these papers unless good cause is shown and a request to file those papers is granted.
Page 1 | MOTION PRACTICE IN PART 99
A reply to an OSC is not permitted unless the court grants a good-cause application or directs a reply.
Replies are not permitted unless the court grants an application based on good cause or otherwise directs a reply.
Page 1 | MOTION PRACTICE IN PART 99
An OSC requesting a temporary restraining order or temporary stay generally may not be heard ex parte without good cause.
An Order to Show Cause (OSC) with a request for a temporary restraining order, including a request for a temporary stay of an action, will generally not be heard ex parte unless good cause is shown.
Page 1 | MOTION PRACTICE IN PART 99
When a non-lawyer movant retained counsel, the movant may apply to supplement the papers or add reply facts, and a granted application also permits a sur-reply.
If the original motion was brought by a non-lawyer and the movant retained counsel, an application may be made to supplement the papers or include additional facts in a reply and if the application is granted the court will also allow a sur-reply in those instances.
Page 1 | MOTION PRACTICE IN PART 99
Adjournment & Extension Requirements
A party seeking to raise a new determinative issue in oral argument must request an adjournment and present the argument in writing for a future date.
If you think the oral arguments raise issues which are not within your papers but are determinative of any of the issues, then you must request an adjournment to include such arguments in writing so they can be heard on a future date.
Page 1 | MOTION PRACTICE IN PART 99
A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.
To request an adjournment on a matter appearing on the calendar for the first time, parties must submit a stipulation signed by counsel for all parties consenting to the adjournment.
Page 1 | ADJOURNMENTS
A subsequent consent-adjournment stipulation must be signed by all counsel and state the original return date, prior adjournments, future court appearances, and good-cause reasons.
To request a subsequent consent adjournment , the parties must submit a stipulation signed by all counsel which shall also include (a) the original return date, (b) any prior adjournments, (c) any future court appearances scheduled in the matter, and (d) the good cause reason(s) underlying the adjournment request.
Page 1 | ADJOURNMENTS
A subsequent adjournment must be supported by good cause.
Subsequent adjournments must be based on good cause.
Page 1 | ADJOURNMENTS
A late adjournment request must be made by application at the Part 99 calendar call.
Late adjournment requests will have to be made by application at the call of the calendar.
Page 1 | ADJOURNMENTS
A party seeking a first-time calendar adjournment is expected to contact the opposing side to seek the adjournment.
However, the court expects that the party requesting the adjournment has contacted the opposing side to seek the adjournment in order to avoid a wasted trip to the court and will consider it.
Page 1 | ADJOURNMENTS
Without agreement of the parties, an adjournment request must be made by application at the Part 99 Calendar call.
Absent an agreement of the parties, adjournment request will have to be made by application at the call of the Part 99 Calendar.
Page 1 | ADJOURNMENTS
Chambers Communication Rules
Ex parte communications with Chambers by phone or any other method are prohibited.
Ex Parte communication with Chambers by phone or otherwise is NOT permitted.
Page 1 | COMMUNICATION
Counsel must notify Chambers promptly after case assignment if a witness needs a language interpreter.
If a witness requires a language interpreter, counsel must notify chambers as soon as the case is assigned so that timely arrangements can be made.
Page 1 | BENCH TRIALS/JURY TRIALS/SUMMARY JURY TRIALS
Parties may not ask Chambers whether a Part 99 motion requires an in-person appearance.
Please do not contact chambers to inquire whether your Part 99 Motion requires an in-person appearance.
Page 1 | COMMUNICATION
Chambers may be contacted by phone for urgent matters.
For urgent matters, contact chambers at (718) 500-4012.
Page 1 | COMMUNICATION
Parties should contact opposing counsel or parties and then email Mr. Legere if they want a Microsoft Teams, telephone, or in-person settlement conference.
The Court is always amenable to a Microsoft Teams or telephone conference, or in person appearances to settle a motion or a case. If interested, please reach out to opposing counsel/parties and then email Mr. Legere (mlegere@nycourts.gov) for further instructions.
Page 1 | SETTLEMENT DISCUSSIONS INVOLVING MOTIONS OR CASES
Upon request, the court will attempt to provide a special master or court attorney to assist with settlement discussions at a scheduled bench trial.
Upon request, the court will attempt to provide a special master or court attorney to discuss settlement.
Page 1 | BENCH TRIALS
Before contacting the Principal Court Attorney or Part Clerk about a motion, the filer should check eCourts to identify the hearing part.
BEFORE e-mailing or calling the Principal Court Attorney and/or the Part Clerk, check e-courts to determine whether the motion(s) in question is being heard in Part 99 or elsewhere, i.e. Intake, CCP, JCP, FCP, City Part.
Page 1 | MOTION CALENDAR
Discovery and discovery-motion inquiries must be directed to the Centralized Compliance Part.
All inquiries about discovery or discovery motions are to be directed to the Centralized Compliance Part.
Page 1 | MOTION CALENDAR
The Part Clerk may be contacted by phone or email for scheduling, calendar, and general inquiries.
For scheduling, calendar, and general inquiries contact the Part Clerk at (347) 296-1650 or lalewis@nycourts.gov.
Page 1 | COMMUNICATION