New York Supreme Court, Kings County Document Filing Requirements

Applies to

Reply

Leave of court is required before filing reply papers in support of an order-to-show-cause motion or petition.

Leave of court is required to submit reply papers in support of a motion or petition brought on by order to show cause.

Applies to

Motion

Must include

ai disclosure

Every motion submission must include an AI-use certification stating either that no generative AI was used or that generated material was reviewed and approved.

All submissions with respect to a motion must include a certification either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney (or the pro se party).

Applies to

Motion

Must include

ai disclosure

An AI certification that discloses use must identify the program, affected documents, and portions drafted by the program.

If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program.

Applies to

Motion

Must include

certificate of service

A party filing or serving a hardcopy motion or petition must bring duplicate papers and proof of service to court on the return day.

A party who files or serves a motion or petition in hardcopy format, i.e., the motion or petition and supporting papers are filed on paper and not electronically, must bring to court on the return day a duplicate copy of the papers and proof of service of the papers.

Applies to

Motion

Must include

caption

All motion papers must include the current full caption without abbreviated party names.

All motion papers must include the current full caption, i.e., no “et al.” or “et ano.”

Applies to

Notice of motion

Must include

caption

A notice of motion must include the case Motion Sequence Number and pertinent information to the right of the caption.

A notice of motion shall include the Motion Sequence Number in the case together with other pertinent information to the right of the caption.

Applies to

Motion

Must include

proposed order

Every movant must submit and file a proposed order with the motion papers on NYSCEF.

All movants shall submit with their motion papers a proposed order for the Court’s consideration; it shall be filed on NYSCEF as “Proposed Order.”

Applies to

Opposition

Must include

proposed order

Parties opposing a motion must submit a counter-proposed order using the specified NYSCEF description.

Parties opposing a motion shall submit a counter-proposed order, described as “Counter-Proposed Order.”

Applies to

Special proceeding

Must include

proposed order

Petitioners in special proceedings must submit and file a proposed order-judgment on NYSCEF.

All petitioners in special proceedings shall submit with their papers a proposed order-judgment for the Court’s consideration; it shall be filed on NYSCEF as “Proposed Order-Judgment.”

Applies to

Exhibits

Video exhibits must be submitted to chambers by flash drive or Dropbox after chambers is alerted.

Videos which are exhibits to motion papers shall be submitted to chambers (after first alerting chambers) on a flash drive or through Dropbox (as court system computers cannot view videos on YouTube).

Applies to

Memorandum of law

A written memorandum of law is required for an in limine motion but need not be lengthy.

A written memorandum of law is required but need not be lengthy.

Applies to

Word count limited document

Must include

word count

Each document subject to a word-count limit must end with counsel's certification of the word count and compliance with the limit.

Every document subject to these word count limits shall include on a page attached at the end of the document a certification by counsel filing the document setting forth the number of words in the document and certifying that the document complies with the word count limit.

Applies to

Summary judgment opposition

Must include

statement of facts

A summary-judgment opponent must provide a correspondingly numbered response to every paragraph of the movant's statement, with record citations supporting each response.

Any party opposing the motion shall include a correspondingly numbered Response to the Statement of Undisputed Facts, which shall recite the movant's paragraphs and provide a response to each paragraph. Each paragraph in the response must similarly contain a citation to the record evidence submitted by the opposing party that supports the factual assertions being made.

Applies to

Sur reply

Sur-replies and merit correspondence are prohibited without advance permission, except that counsel may report a controlling post-submission decision by citation without argument; violating materials will not be considered, and opposing counsel may not respond in kind.

Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are strictly prohibited, except that counsel may inform the Court by letter of the citation of any post-submission court decision that is controlling on the pending issues, without any argument. Materials submitted in violation of this rule will not be read or considered. Opposing counsel who receives a submission in violation of this rule shall not respond in kind.

Applies to

Affirmation

A flash drive containing video evidence must be accompanied by an affirmation that it is new, previously unused, and free of malware or viruses.

Additionally, an affirmation must be filed stating that the flash drive is new, has never been used before this time and is free from any malware or viruses.

Applies to

Summary judgment motion

Must include

statement of facts

A summary-judgment movant must file a separate, concise Statement of Undisputed Facts in numbered paragraphs, with record citations supporting each asserted fact.

Any party moving for summary judgment pursuant to CPLR 3212 shall include with their moving papers a separate short and concise Statement of Undisputed Facts, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. Each paragraph must contain a citation to the record evidence submitted by the movant that supports the factual assertions being made.

Applies to

Summary judgment factual statement

Each paragraph of a movant's statement and opponent's response must be followed by a record-evidence citation or it will be legally insufficient.

Each paragraph in the movant’s Statement and the opposing party’s Response must be followed by citation to evidence submitted in support of or in opposition to the motion or will be deemed by the Court to be legally insufficient to establish or dispute the facts asserted in the paragraph.

Applies to

Proposed order

Must include

proposed order

Proposed orders and judgments must be submitted with a Notice of Settlement, and a counterproposal must comply with Uniform Rule § 202.48 and include a blackline showing changes to the order or judgment.

Any proposed orders or judgments shall be submitted with a Notice of Settlement and any counter proposal shall be submitted as set forth in § 202.48 of the Uniform Rules for the New York State Trial Courts and shall include a copy blacklined to show all changes to the order or judgment to which objection is made.

Applies to

Foreclosure motion

Must include

proposed order

A foreclosure motion must include a proposed order modeled on the applicable Chief Administrative Judge's sample order.

Motions in foreclosure cases must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable.

Applies to

Foreclosure motion

Changed foreclosure form orders require an electronically filed blackline and a good-cause explanation; unchanged orders should include an affirmation, and the court may deny a motion lacking the required filing.

Additionally, if the parties make any changes to the form orders, they shall e-file a blackline indicating the changes and explain in their papers in support of the motion good cause for any proposed departures from the model forms. If they made no changes, they should submit an affirmation to that effect. If no blackline or affirmation are provided at the time of filing, the Court may deny the motion.

Applies to

Slipsheet

A party submitting non-PDF evidence must file a slipsheet identifying the exhibit and provide the underlying files on a labeled USB flash drive with the required affirmation.

Should any party seek to file non-PDF documents (e.g., Excel spreadsheets, photographs, videos), the party is directed to file a slipsheet identifying the exhibit notation and provide the underlying file(s) to the Court on a USB flash drive with the case caption / index number denoted and with the affirmation described in Rule II.C above.

Applies to

Jury instructions

Any proposed jury charge that departs from the PJI must cite written authority and include a blackline showing all changes.

Any deviation from the PJI must be supported by written authority and shall include a blacklined version of the proposed charge showing all changes from the PJI.

Applies to

Summary jury trial stipulation

Every summary jury trial stipulation must state the evidentiary-hearing and SJT dates and whether an interpreter is needed.

All SJT stipulations MUST include the dates for the evidentiary hearing and SJT and whether an interpreter will be needed.

Applies to

Infant compromise application

Must include

proposed order

An infant compromise application must include complete medical documentation, lien information, and a proposed order.

Complete medical documentation, lien information, and proposed orders are required.

Applies to

Ai assisted paper

An attorney or party using AI to prepare a court paper must independently review it for fabricated or fictitious material and certify that review by signing the paper.

Accordingly, any attorney or party who uses an AI tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this Court or served on another party in a case before this Court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content.

Applies to

Stipulation

A stipulation concerning a motion or consented adjournment must state that the motion is resolved in its entirety or withdrawn.

Stipulations and Adjournments on Consent. All stipulations must contain the following:Resolving the motion in its entirety, or Withdrawing the motion.

Applies to

Stipulation

A motion stipulation must include a briefing schedule.

All stipulations must include the following:The stipulation must have a briefing schedule.

Applies to

Trial exhibit list

Counsel must premark trial exhibits in introduction order, use party-specific numbering or lettering, and submit an exhibit list to the Part Clerk for official marking before trial.

Exhibits:Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. A list of the exhibits. The Part Clerk, who will officially mark them before trial.

Applies to

Stipulation

Must include

caption

A stipulation must account for every party named in the caption.

The stipulation must account for all parties in the caption.

Applies to

Stipulation

A stipulation must state the reason whenever a named party is omitted.

If a named party is not included in the stipulation for any reason (e.g., the party has not appeared or the action has been discontinued against the party, etc.), the reason for the exclusion must be stated in the stipulation.

Applies to

Potential witness list

Counsel must submit a potential-witness list in intended call order, including experts, their expertise, expected testimony summaries, and interpreters.

Witnesses: A list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, as well as any interpreters.

Applies to

Short form order

Every short-form order must recite the papers as required by CPLR § 2219(a).

Short Form Orders: All Short Form Orders must contain a recitation of the papers as required by CPLR § 2219(a).

Applies to

Attorney affirmation

The attorney affirmation must address all captioned defendants and their status, describe the incident and liability issues in detail, and provide the attorney's Office of Court Administration retainer number.

The attorney affirmation must:Account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults or settlements in appearances. Must include a detailed description of the incident and liability issues. The attorney’s retainer number with the Office of Court Administration.

Applies to

Infant compromise petition

The infant-compromise petition must include medical records, a physician affidavit based on an examination within six months, all settlement letters, a no-liens affidavit, any written lien waiver, and an infant's consent affidavit when the infant is at least 14.

The petition must include the following:The infant’s medical reports/records. A physician affirmation based on a physical examination within six months of the submission. All settlement letters. An affirmation of no outstanding/unpaid liens. If the liens are being waived, the petition must include a copy of the written waiver. An affidavit of consent from an infant fourteen (14) years or older.

Applies to

Infant compromise order

If any part of an infant settlement is structured, the resulting order must state the annuity's cost.

If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

Applies to

Infant compromise petition

A previously signed or denied compromise order from the same or another proceeding must be attached as an exhibit.

If a compromise order was previously signed or denied in this action or other proceeding, such order must be attached as an exhibit.

Applies to

Infant compromise order amendment

An amendment to a compromise order must include the original order, an attorney affidavit explaining the proposed amendment and reason, and any other necessary papers.

Any amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Marked pleadings and bill of particulars

Must include

caption

Before trial, counsel must submit hard copies of marked pleadings, including complaints, answers, notices to admit, and bills of particulars.

Marked Pleadings and Bill of Particulars: Hard copies of the marked pleadings, including all Complaints, Answers, Notices to Admit and Bills of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.

Applies to

Motion in limine

Unadjudicated evidentiary, procedural, or substantive legal issues must be raised before trial through a written or oral motion in limine.

Any potential evidentiary questions or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed before trial by way of a written or oral motion in limine.

Applies to

Written motion in limine

A written motion in limine must include a memorandum of law citing the Official Reports, and copies of cited decisions and statutes should be furnished before the plaintiff's case begins or when requested.

A written memorandum of law with citations to the Official Reports is required. 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.

Applies to

Deposition transcripts

Counsel must provide copies of all deposition transcripts intended for use at trial.

Depositions: A copy of all deposition transcripts counsel intends to use at trial.

Applies to

Motion

Must include

caption

All motion papers, including stipulations and proposed orders, must include a full caption or they will be rejected.

All motion papers (including stipulations / proposed orders) MUST include a full caption. Papers that do not contain a full caption will be rejected and not considered.

Applies to

Motion

Must include

exhibit list

Required pleadings, prior applications, decisions, and orders must be annexed or separately uploaded with separate labels rather than referenced only through NYSCEF.

Where pleadings, prior applications, or prior decisions and orders are required to be annexed to the motion, reference to the electronically filed papers alone is insufficient unless it is part of the motion and electronically uploaded as an exhibit. All necessary documents shall be annexed (if hard copy, see CPLR § 2214 [c]) or electronically filed as a separate NYSCEF document with a separate label.

Applies to

Motion

Must include

exhibit list

A CPLR § 2221 motion must include copies of the papers submitted with the prior order and motion.

On a motion pursuant to CPLR §2221, movant must include copies of papers submitted on the prior order and motion.

Applies to

Motion

Must include

exhibit list

Motion papers must include the exhibits they reference rather than citing electronically filed documents.

Reference to electronically filed papers is not permitted and all exhibits must be incorporated into and submitted with the motion papers that refer to them rather than be cited and/or referred to (i.e., "See, NYSCEF Doc. No. XX").

Applies to

Stipulation

Must include

case number

SJT stipulations must state the evidentiary hearing, jury-selection, and trial dates and whether an interpreter is needed.

All SJT stipulations MUST include the dates for the virtual evidentiary hearing, the date to pick a jury, and the trial date and whether an interpreter will be needed.

Applies to

Privilege log

Must include

exhibit list

Chambers staff schedule in-camera inspections, and parties must submit a detailed privilege log before the inspection.

In-camera inspections and infant compromises will be scheduled by chambers staff. Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR § 3122(b).

Applies to

Motion papers

Must include

caption

All motion papers must include an accurate, current full caption.

All motion papers must include the current full caption; said caption must be accurate, especially if it was amended subsequent to the filing of the original papers.

Applies to

Motion papers

Must include

case number

All motion papers must include the case's Motion Sequence Number and pertinent information to the right of the caption.

All motion papers shall include the Motion Sequence Number in the case together with other pertinent information to the right of the caption.

Applies to

Motion

Must include

proposed order

Every movant must submit a separately filed proposed order designated “ORDER (PROPOSED)” in NYSCEF.

All movants shall submit with their motion papers a proposed order for the Court’s consideration, which in NYSCEF shall be filed separately and designated as “ORDER (PROPOSED).”

Applies to

Special proceeding papers

Petitioners in special proceedings must submit a separately filed proposed judgment designated “JUDGMENT - TO COURT (PROPOSED)” in NYSCEF.

All petitioners in special proceedings shall submit with their papers a proposed judgment for the Court’s consideration, which in NYSCEF shall be filed separately and designated as “JUDGMENT - TO COURT (PROPOSED).”

Applies to

Moving papers

Moving papers must specify the relief requested in detail.

Moving papers shall specify in detail the relief requested.

Applies to

Reply brief

A movant or petitioner may not submit reply papers in an order-to-show-cause motion or special proceeding without court leave.

No reply papers shall be submitted by the movant or petitioner where a motion or special proceeding is commenced by order to show cause unless leave is obtained from the Court.

Applies to

Motion papers

Must include

legal argument

Legal argument must cite supporting facts, discuss and apply the law, and state the requested outcome.

Legal argument shall (a) refer to averred facts in the party’s papers or in opposing papers with references to particular affirmations, affidavits, and documents by page and paragraph numbers, (b) discuss the law, (c) apply the averred facts to the law, and (d) set forth the party’s requested outcome of the motion.

Applies to

Motion

Must include

exhibit list

Any previously electronically filed document referenced in motion papers must be submitted as an exhibit.

Where reference is made to a previously electronically-filed document, said document must be submitted as an exhibit on the motion.

Applies to

Summary judgment motion

Serious-injury threshold summary-judgment moving papers must address each asserted category and explain the movant's prima facie entitlement.

Motions for summary judgment with respect to the serious injury threshold set forth in Insurance Law § 5104(a) and 5102(d) shall clearly identify in the moving papers each category of serious injury asserted in the bill of particulars and separately indicate with respect to each category why the movant believes it has established a prima facie case of entitlement to judgment as a matter of law.

Applies to

Opposition

Opposition papers in serious-injury threshold summary judgment must separately address each threshold category and explain the movant's failure or the rebuttal.

Papers in opposition to such a motion shall separately indicate with respect to each threshold category why assertedly the movant did not make out its prima facie case and/or why the opposing party has rebutted it.

Applies to

Summary judgment motion

Late summary-judgment motions and cross-motions must include an attorney affirmation explaining good cause.

Regardless of the underlying type of case, all motions and cross-motions for summary judgment submitted past the 60-day postnote of issue deadline (Kings County Supreme Court Uniform Civil Term Rules Motions (6)) shall include an explanation in an attorney affirmation why the party asserts good cause for the untimely submission

Applies to

Reargument or renewal motion

Reargument or renewal motions must include the prior oral-argument transcript, any written bench decision, and the order or judgment being reconsidered.

All motions for reargument or renewal shall include a transcript of the previously held oral argument, to the extent an oral argument took place, and any decision rendered from the bench. If a decision was written it shall be included. This is all in addition to the submission of a copy of the order and/or judgment concerning which reargument or renewal is sought.

Applies to

Appearance

All appearances must be made in person.

All appearances must be in person.

Applies to

Oral argument

All argued motions must be on the record, and counsel or self-represented parties must provide the court reporter with identifying information.

All argued motions shall be on the record. Counsel and self-represented parties shall be prepared to give the court reporter one business card or slip of paper with the relevant information.

Applies to

Motion in limine

Unresolved evidentiary or legal issues must be raised in a written motion in limine before trial.

Any potential evidentiary question or procedural or substantive law matter not previously adjudicated in the action shall be brought to the Court’s attention and addressed prior to trial by way of a written motion in limine.

Applies to

Motion in limine

Must include

legal argument

A written memorandum of law with Official Reports citations is required for motions in limine.

A written memorandum of law with citations to the Official Reports is required.

Applies to

Motion in limine

The Court will not consider motions in limine that fail to comply with the stated requirements.

The court will not consider any motions in limine that do not comply with the requirement set forth in this provision.

Applies to

Bill of particulars

At least two days before trial, the plaintiff must provide marked pleadings and a bill of particulars.

At least two days before the scheduled trial, the plaintiff must provide the court with marked pleadings and a bill of particulars.

Applies to

Trial prep materials

At least two days before trial, parties must provide the witness list, offer of proof, expert CVs, and exchanged expert discovery.

A list of potential witnesses in the order they expect to call them -- including both fact and expert witnesses -- along with an offer of proof of expected testimony. Curriculum vitae of expert witnesses shall be provided. Copies of exchanged expert witness discovery shall also be provided to the Court.

Applies to

Trial memorandum

Non-jury trial rules also apply to bench trials, and a trial memorandum must be submitted before trial begins.

The foregoing trial rules not specific to jury trials shall likewise apply to bench trials and, in addition, a trial memorandum must be submitted before the commencement of the trial.

Applies to

Subpoena

Subpoenas submitted for a So-Ordering must include a counsel affirmation explaining the action and subpoena basis and proof of service on all parties or counsel.

Subpoenas submitted for the Court’s So-Ordering must be accompanied by a brief counsel affirmation explaining the nature of the action, the basis for the subpoena and an affidavit or affirmation of service attesting that the subpoena was properly served on all parties and/or counsel.

Applies to

Compromise order request

Requests for compromise orders requiring court permission must include all information and documents required by the CPLR and Uniform Rules-Trial Courts.

Requests for orders compromising an action where court permission is necessary must be supported by all information and documents required in the CPLR and the Uniform Rules-Trial Courts.

Applies to

Stipulation of discontinuance

An infant or wrongful-death stipulation of discontinuance must include a brief attorney’s affirmation supporting entry of the requested order.

Stipulations of Discontinuance involving an infant or a wrongful death case shall be submitted as noted above; and shall include a brief attorney’s affirmation in support of the request for the stipulation to be so ordered.

Applies to

Proposed order

Must include

proposed order

A proposed order to show cause must be reviewed by the Ex Parte Motion Support Office before submission to the part.

Proposed orders to show cause must be brought to the Ex Parte Motion Support Office for review prior to submission to the part.

Applies to

Motion in limine

A written motion in limine must include citations to the Official Reporter.

Written motions in limine shall not exceed three pages, double spaced, and citations to the Official Reporter is required.

Applies to

Proposed jury charges and verdict sheets

Proposed jury charges and verdict sheets must be submitted in typed form to the court and opposing counsel by the close of the plaintiff’s case or as the court directs.

All proposed jury charges and proposed verdict sheets shall be submitted to the Court and the opposing counsel in typed form no later than the close of plaintiff’s case, or as instructed by the Court.

Applies to

Bill of particulars and marked pleadings

Before trial, counsel must furnish the court with the bill of particulars and marked pleadings under CPLR § 4012.

Prior to trial, counsel shall furnish to the Court the bill of particulars, and the marked pleadings pursuant to CPLR § 4012.

Applies to

Proposed infant compromise order

The proposed infant compromise order must be emailed in Word format and state the infant’s full name and date of birth.

The proposed order must be e-mailed in Word format, and must include the infant’s full name and date of birth.

Applies to

Exhibit list

A list of trial exhibits must be provided to the court before trial.

A list of the exhibits shall also be provided to the Court prior to trial.

Applies to

Infant compromise order

When an infant compromise settlement is structured, the order must state the annuity’s cost.

If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

Applies to

Infant compromise submission

Infant compromise submissions must include a current medical report, a physician’s affirmation, and an affidavit of no liens.

A current medical report, physician’s affirmation, and affirmation of no liens are required with the submissions.

Applies to

Wrongful death compromise petition

A wrongful-death compromise petition must include either an affidavit of no liens or documentation of any liens asserted.

Wrongful Death Compromise petitions must comply with the provisions of EPTL § 5-4.6 and include an affirmation of no liens or, where liens are asserted, documentation of such liens.

Applies to

Wrongful death compromise order

A wrongful-death compromise order must direct payment of asserted liens.

The Order must include a directive for payment of liens.

Applies to

Final compromise order submission

When a prior defendant settled, the earlier compromise order must be attached as an exhibit and the partial settlement stated in the attorney’s affirmation.

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’s affirmation in support of the final Compromise Order.

Applies to

Compromise order amendment

An amendment to a compromise order must include the original order and an attorney’s affirmation explaining the proposed amendment and its reason.

Amendments to compromise orders must include a copy of the original compromise order and an attorney’s affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Default judgment motion

A default-judgment motion must include non-military affidavits dated within 30 days before filing.

Motions for default judgment must contain non-military affidavit(s) dated no earlier than 30 days prior to the motion filing date.

Applies to

Foreclosure judgment motion

A late foreclosure-judgment motion must include an affirmation demonstrating a valid and reasonable excuse for the delay.

If the motion is not in compliance, an affirmation demonstrating a valid, reasonable excuse for the delay must be filed with the motion.

Applies to

Settlement report

Every settlement must be reported to the court in writing.

Settlements must be reported to the Court in writing.

Applies to

Settlement

A written executed settlement agreement must be provided promptly, and every pending motion must be withdrawn by a NYSCEF notice copied to the relevant part email.

For all settled cases, a written, executed settlement agreement must be provided to the Court as soon as reasonable after settlement is reached, and all pending motions must be withdrawn by notice filed to NYSCEF and copied to the relevant part email.

Applies to

Stipulation of settlement

A stipulation of settlement involving a pro se defendant must be filed for the court’s review and approval.

Any Stipulation of Settlement with a pro se defendant must be filed for Court review and to be so ordered.

Applies to

Motion

Must include

proposed order

Every motion must include an annexed proposed detailed order and, when applicable, a proposed judgment.

All motions shall be filed with a proposed, detailed order (and judgment, if applicable), annexed for the Court’s consideration, or may be denied for failure to comply.

Applies to

Proposed order

Every proposed order, including a proposed discontinuance order, must contain a service provision.

Every proposed order, including discontinuances, must include a service provision.

Applies to

Discontinuance order

A proposed discontinuance order must state whether prejudice applies, give the reason, identify the property address and block and lot, contain specified County Clerk cancellation language, and include a service provision.

Proposed orders submitted with a motion to discontinue must contain: (i) whether the action is being discontinued with prejudice (payoff, short sale, etc.) or without prejudice (loan modification, reinstatement, etc.); (ii) the reason why the action is being discontinued; (iii) the entire street address and block and lot of the property; (iv) language directing the County Clerk of Kings County to Cancel and Discharge the Notice of Pendency (in specific detail) and direct the “Clerk to enter same upon the margin of the record of the same Notice of Cancellation referring to this Order”; and (v) a service provision for the order.

Applies to

Summary judgment motion

A note of issue must be filed before or concurrently with a motion for summary judgment.

A note of issue shall be filed before or with a motion for summary judgment.

Applies to

Motion

Each motion must include a separately filed exhibit list, every e-filed exhibit must receive its own NYSCEF number, and each exhibit label must clearly identify the document without unexplained abbreviations.

All motions must include a separate exhibit listing filed as a separate exhibit, each e-filed exhibit must have its own NYSCEF document number, and all exhibits must be properly described in the label of the attached exhibit when e-filed so that it is clear what document is being included in that exhibit and not include abbreviations (e.g. Exhibit A – Summons and Complaint).

Applies to

Motion

Exhibit references must use exact-page citations, voluminous-exhibit references must pinpoint the exact location, and transcript citations must identify page and line.

Reference to any exhibit must include citations to the exact page where the reference is found. Citations to voluminous exhibits must include pinpoint citations to the exact location being referenced; transcript citations must include the page and line number.

Applies to

Affidavit of service

An electronically filed affidavit of service must be designated as an affidavit of service rather than as correspondence to the judge.

Affidavits of service must be e-filed as “affidavits of service,” not as “letter/correspondence to judge.”

Applies to

Trial papers

The court must receive all marked pleadings and the bill of particulars by the first day of trial or the charge conference, whichever is earlier.

All marked pleadings and bill of particulars;

Applies to

Trial papers

All prior decisions in the case must be supplied to the court by the first day of trial or the charge conference, whichever is earlier.

All prior decisions in the case;

Applies to

Trial papers

All notices to admit must be supplied to the court by the first day of trial or the charge conference, whichever is earlier.

Any notices to admit;

Applies to

Trial papers

The court must receive the portions of EBT transcripts intended for use at trial by the first day of trial or the charge conference, whichever is earlier.

Copies of those portions of EBT transcripts intended to be used at trial;

Applies to

Trial papers

A proposed jury verdict sheet must be supplied to the court by the first day of trial or the charge conference, whichever is earlier.

Proposed jury verdict sheet;

Applies to

Trial papers

All requested pattern jury instructions from the current volume must be supplied with case facts inserted wherever indicated.

Copies of all requested PJIs from the most current volume. Insert the facts of the case wherever the PJI so indicates;

Applies to

Trial papers

Each party must provide a one- or two-line synopsis of its claims for possible use during the jury charge.

A short (one or two lines) synopsis of your party’s claims. It may be read to the jury as part of the jury charge;

Applies to

Trial papers

Copies of all cases and authorities relied upon, particularly opinions not found in official reporters, must be supplied for trial.

Copies of cases and authorities upon which you will be relying, especially opinions not contained in official reporters.

Applies to

Jury verdict reporter search results

In personal-injury actions, both sides must produce the results of their Jury Verdict Reporter searches.

In personal injury actions, both sides shall produce the results of their Jury Verdict Reporter searches.

Applies to

Trial notice

The parties must notify the court at the initial conference or earlier if witnesses need interpretation and identify the requested language.

The parties must inform the Court at the initial conference or before if any witnesses require interpretation, and which language is requested.

Applies to

Subpoena

Subpoenas seeking documents must be directed to Kings County Supreme Court at 360 Adams Street, Brooklyn, New York 11201.

Subpoena all documents to Kings County Supreme Court, 360 Adams Street, Brooklyn, NY 11201.

Applies to

Subpoena

Every subpoena must be approved by the Subpoena Records Room before being given to the Part Clerk in Room 296 for signature.

All subpoenas must be approved by the Subpoena Records Room, on the 6th Floor, after which the approved subpoena shall be given to the Part Clerk in Room 296 for signature.

Applies to

Proposed trial exhibits

Proposed trial exhibits must be pre-marked for identification and shown to opposing counsel.

Proposed exhibits are to be pre-marked for identification and are to be shown to opposing counsel.

Applies to

Ai disclosure letter

Must include

ai disclosure

Substantial AI use beyond spelling, grammar, and sentence-structure correction must be disclosed in a separate letter, and cited cases and propositions must be accurate and genuine.

Substantial use of Artificial Intelligence (AI) beyond spelling, grammar corrections, sentence structure in court submissions must be disclosed to the court in a separate letter. Parties must ensure case cites and propositions are accurate and based on real cases.

Applies to

Proposed order

Must include

proposed order

Proposed orders, including legal and factual analysis and properly labeled exhibit references, are required for specified injunction, dispositive-motion, venue-change, and attorney-withdrawal matters.

Proposed Orders are required for Injunctive relief, Dispositive Motions (Summary Judgment, Motion to Dismiss, Default Judgment), Change of Venue, and Attorney withdrawal, with analysis of law and facts and references to applicable Exhibits properly labeled.

Applies to

Memorandum of law

Must include

local rule certificate

A memorandum of law complying with 22 NYCRR 202.8-b, including applicable word limits and counsel's certification of compliance, is required.

Memoranda of law required and must comply with 22 NYCRR 202.8-b, including word limits and certifications of compliance by counsel.

Applies to

Discovery dispute letter

All discovery disputes must be summarized in a bulleted letter of no more than three pages and e-filed in NYSCEF at least ten days before requesting a Rule 14 conference.

Rule 14 conference- all disputes/issues shall be summarized in a letter to the Court, bullet points in three pages or less, and e-filed in NYSCEF at least 10 days prior to requesting a conference with the Court.

Applies to

Post trial memorandum

Post-trial memoranda must include proposed conclusions of law supported only by admitted trial evidence and must cite the record rather than the proposed-findings statements.

Post-trial Memoranda shall include proposed conclusions of law supported by citations to only evidence admitted at trial. Do not cite to statements of proposed Findings of Facts as support for any fact or conclusion in legal memoranda; cite the record only.

Applies to

Statement of proposed findings of fact

Proposed findings of fact must cite admitted trial evidence and include pinpoint document-number citations for exhibits and transcripts.

Proposed findings of fact shall be supported by citation(s) to evidence (exhibits and/or testimony) admitted and used at trial, with pin-point citations to the applicable Document Numbers for each exhibit or trial transcript.

Applies to

Post trial submission

Transcript citations must use page-number-and-line format, transcript citations must be separate from conclusions of law, and all filings must be OCR-searchable.

Transcripts shall be cited using “page number: Line(s).” This shall not be combined with conclusions of law. All filings shall be OCR-searchable.

Applies to

Notice of appearance

Every attorney must include an email address on the Notice of Appearance.

All attorneys must include an email address on his/her/their Notices of Appearance.

Applies to

Consolidation application

An application to consolidate existing Family Court matters must include a copy of the Family Court petition and any existing orders.

Applications to consolidate existing Family Court matters must contain a copy of the Family Court petition and any existing orders.

Applies to

Stipulation of discontinuance

A partial settlement stipulation must expressly identify itself as a partial stipulation of discontinuance and identify the parties who settled or are no longer in the case.

If a case is only partially settled, the stipulation of discontinuance must explicitly state that it is a partial stipulation of discontinuance and must clearly indicate which party or parties have settled or are no longer in the case.

Applies to

Trial exhibit list

Counsel must provide the court with an exhibit list at the initial trial conference.

A list of the exhibits shall also be provided to the Court at the initial conference.

Applies to

Motion in limine

Before trial, any unadjudicated evidentiary, procedural, or substantive legal issue must be raised through an oral or written motion in limine.

Any potential evidentiary question, procedural question/issue, or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to commencement of the trial by way of an oral or written motion in limine.

Applies to

Proposed order

Must include

proposed order

A proposed order must be emailed to chambers in Word format by the Friday after argument.

Proposed orders SHALL be emailed to Chambers on a word document (not pdf) by the Friday after the motion is argued.

Applies to

Proposed jury instructions

Proposed jury charges and verdict sheets must be emailed to both law clerks in Microsoft Word format when plaintiff's expert testimony concludes.

All proposed jury charges and proposed verdict sheets shall be emailed to the law clerks: ngrieco@nycourts.gov and anadler@nycourts.gov as a Microsoft Word document at the conclusion of Plaintiff’s expert’s testimony.

Applies to

Motion in limine

A motion in limine must include a written memorandum of law citing the Official Reports.

A written memorandum of law with citations to the Official Reports is required.

Applies to

Trial submission

Counsel must furnish the Bill of Particulars and marked pleadings to the court before trial.

Before trial, counsel shall furnish to the Court the Bill of Particulars and the marked pleadings, pursuant to CPLR § 4012.

Applies to

Exhibit list

Counsel must premark trial exhibits in introduction order and provide an exhibit list to the court before trial.

Counsel shall pre-mark all exhibits in the order they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court before trial.

Applies to

Witness list

Before trial, counsel must provide an ordered witness list with addresses, expertise, and expected testimony, using business addresses for professional witnesses.

Before trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony.

Applies to

Deposition

A copy of every deposition intended for use at 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.

Applies to

Compromise submission

Every compromise submission must include either a letter confirming the proposed settlement amount or a party stipulation reflecting that amount.

Additionally, all submissions shall include either a letter confirming the proposed settlement amount or a stipulation of the parties reflecting same.

Applies to

Infant compromise petition

Infant compromise submissions must include the infant's medical reports, physician affirmation, parent affidavit, structured settlement proposals, and no-liens affirmation.

The infant’s medical reports, a physician affirmation, parent affidavit, any structured settlement proposals, and an affirmation of no liens are required with the submissions.

Applies to

Compromise submission

A previously issued compromise order must be attached as an exhibit, and the resulting partial settlement must be identified in the attorney affirmation supporting the final 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.

Applies to

Compromise amendment petition

Petitions to withdraw funds or amend compromise orders must include the original order and an attorney affirmation detailing the amendment and its reason.

Petitions to Withdraw Funds and Petitions to amend Compromise Orders must include a copy of the original Compromise Order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Death compromise petition

A death compromise petition must include the death certificate, retainer agreement, letters of administration, and any lien letters.

Death Compromise Petitions shall include the death certificate, retainer agreement, letters of administration, and any lien letters.

Applies to

Foreclosure motion

Must include

proposed order

An applicable foreclosure motion must include a proposed order modeled on the Chief Administrative Judge's sample orders, and a noncompliant motion may be denied.

Foreclosure motions must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable.

Applies to

Marked pleadings and bill of particulars

Counsel must furnish marked pleadings and a copy of the Bill of Particulars at the initial trial conference or soon afterward.

At the initial conference, or soon thereafter, counsel must furnish the Court marked pleadings and a copy of the Bill of Particulars.

Applies to

Motion in limine

Unadjudicated evidentiary, procedural, or substantive issues must be raised and addressed before trial through a written or oral motion in limine.

Any potential evidentiary questions or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine.

Applies to

Settlement stipulation

A settlement stipulation involving a pro se or self-represented defendant must be approved by the Court with a "So Ordered" notation.

Any Stipulation of Settlement with a Pro se/self-represented defendant must be “So Ordered” by the Court.

Applies to

Infant compromise order amendment

An amendment to a compromise order must include the original order, an attorney affidavit describing the proposed amendment and reason for it, and all other necessary papers.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Stipulation

Must include

caption

A stipulation must address every caption party, and it should state the reason for excluding any named party.

Stipulations must account for all parties named in the caption. If a named party in the caption is excluded, the reason for the exclusion should be stated in the stipulation.

Applies to

Motion

Must include

proposed order

The movant must bring a hard copy of a proposed order on the motion return date.

Movant must bring a hard copy of a Proposed Order on the motion return date.

Applies to

Written motion in limine memorandum

A written motion-in-limine memorandum must include citations to the Official Reports.

A written memorandum of law with citations to the Official Reports is required.

Applies to

Trial exhibit list

Counsel must pre-mark trial exhibits in introduction order and provide an exhibit list before trial; plaintiffs number exhibits, while defendants letter them.

Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits.

Applies to

Potential witness list

Before trial, counsel must provide a potential-witness list in intended calling order that includes experts, their expertise, and a summary of expected testimony.

Prior to trial, counsel shall provide 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 a summary of expected trial testimony.

Applies to

Deposition copies

Counsel must furnish the Court with copies of trial depositions 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.

Applies to

Proposed jury charges and verdict sheets

Before trial, counsel must provide proposed jury charges and verdict sheets in typed form; the Court may adjust them as necessary.

Prior to trial, counsel shall provide the Court proposed jury charges and proposed verdict sheets in typed form, which may be adjusted if necessary.

Applies to

Infant compromise petition

Infant-compromise petitions must comply with CPLR § 1208 and 22 NYCRR § 202.67.

Infant Compromise petitions must comply with CPLR section 1208 and 22 NYCRR 202.67.

Applies to

Attorney affirmation

Must include

caption

The attorney affirmation must address every defendant in the caption and identify any dismissals, discontinuances, or defaults in appearance.

The attorney affirmation must account for all defendants named in the caption and indicate any dismissals, discontinuances, or defaults in appearances.

Applies to

Attorney affirmation

The affirmation must describe the incident in detail and adequately address any liability issues.

The affirmation must include a detailed description of the incident and an adequate statement regarding any liability issues.

Applies to

Infant compromise submission

The infant-compromise submission must include medical reports, a physician's affirmation prepared within six months of the application, a settlement letter containing a waiver of appearance, and an affidavit of no liens.

The submission must include the infant’s medical reports, physician affirmation that is prepared within six months of the application, a settlement letter that includes a waiver of appearance, and an affirmation of no liens.

Applies to

Infant compromise order

When any portion of a settlement is structured, the order must state the annuity's cost.

If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

Applies to

Infant compromise petition

A petition involving an infant age fourteen or older must include and file the infant's affidavit of consent.

An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.

Applies to

Final infant compromise submission

Must include

exhibit list

A previously signed compromise order for a settling defendant must be attached as an exhibit, and the attorney affirmation supporting the final order must state the partial settlement.

If a compromise order was previously signed as to a 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.

Applies to

Motion

Must include

proposed order

A proposed order must accompany an unopposed motion.

A proposed order shall accompany an unopposed motion.

Applies to

Expert affidavit

Unredacted expert affirmations and affidavits must be emailed to chambers when the motion papers are filed.

Unredacted expert affirmations/affidavits must be emailed to Chambers upon filing of motion papers.

Applies to

Sur reply

A sur-reply affidavit, affirmation, or letter will not be accepted or considered without leave of court.

No sur-reply affidavit, affirmation, or letter will be accepted or considered without leave of Court.

Applies to

Stipulation

When an action is settled, discontinued, or otherwise disposed of, counsel must immediately notify chambers by letter and e-file a stipulation.

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by letter directed to Chambers and e-file a stipulation.

Applies to

Stipulation

Every stipulation must be signed by all parties; otherwise, a motion must be filed.

Any stipulation must be signed by all parties. Otherwise, a motion shall be filed.

Applies to

Letter

Upon a party's death, counsel must immediately upload a notice letter to NYSCEF with the death certificate.

If a party is deceased, please immediately inform the Court by uploading a letter to NYSCEF accompanied by the death certificate.

Applies to

Jury instructions

Proposed jury charges and verdict sheets must be emailed to the court as a Microsoft Word document by the close of plaintiff's case.

All proposed jury charges and proposed verdict sheets shall be emailed to the Court at ncjohnso@nycourts.gov as a Microsoft Word document by the close of plaintiff's case.

Applies to

Jury instructions

In summary jury trials, proposed jury charges and verdict sheets must be emailed as a Microsoft Word document by 9:30 a.m. on the first pretrial-conference morning or as directed by the trial schedule.

All proposed jury charges and proposed verdict sheets shall be emailed to the Court at ncjohnso@nycourts.gov as a Microsoft Word document by 9:30A.M. on the morning of the first pre-trial conference with the court or as directed by the trial schedule.

Applies to

Proposed order

The compromise order and supporting documents must be uploaded to NYSCEF, and a Word version of the order must be emailed to chambers.

Upload the compromise order and all supporting documents to NYSCEF and email a Word document of the order to Chambers.

Applies to

Reply brief

A reply in further support of cross-motions will not be considered without prior court permission.

Replies in further support of cross-motions are not contemplated by the CPLR and will not be considered without prior leave of the court (CPLR 2214; 2215).

Applies to

Sur reply

Sur-replies and replies in further support of Orders to Show Cause require prior court permission.

Sur-replies of any kind and replies in further support of Orders to Show Cause are not permitted by the local rules without prior leave of the court (NY Ct. Rules §§ 202.8-c; 202.8-d).

Applies to

Motion submission

Must include

ai disclosure

Every motion-related submission must include an attorney certification stating either that no generative AI was used or that an attorney or self-represented party reviewed and approved all generated text for accuracy.

All submissions with respect to a motion must include a certification by an attorney either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney (or the self-represented party).

Applies to

Ai certification

Must include

ai disclosure

When generative AI was used, the certification must identify the program, affected documents, and document sections drafted by the program.

If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program.

Applies to

Marked pleadings

Counsel must furnish CPLR 4012-compliant marked pleadings to the court before trial.

Prior to trial, counsel shall furnish to the court the following:marked pleadings pursuant to CPLR Section 4012.

Applies to

Exhibit list

Counsel must furnish a list of pre-marked exhibits before trial.

a list of pre-marked exhibits.

Applies to

Potential witness list

Before trial, counsel must provide a potential-witness list identifying experts, expertise, expected testimony, and proposed presentation order.

a list of potential witnesses, including expert witnesses, their expertise, summary of expected trial testimony, and proposed order of presentation.

Applies to

Deposition copies

Counsel must furnish copies of depositions intended for use at trial before trial.

a copy of depositions intended to be used at trial.

Applies to

Stipulation of discontinuance

A stipulation of discontinuance must withdraw any outstanding motion or state that the motion is denied as moot.

If there are any outstanding motions, please withdraw the motion or include language that the motions are denied as moot in the stipulation of discontinuance.

Applies to

Stipulation

Stipulation language must account for every party and related action, including nonappearing parties regardless of whether a default was entered.

ALL PARTIES and related actions must be accounted for in the language of stipulations, including those that have not appeared, irrespective of whether or not a default has been entered.

Applies to

Adjournment request

An adjournment request based on counsel’s engagement in another matter must be accompanied by a compliant Affirmation of Engagement.

If the request is based on counsel’s engagement on another matter, an Affirmation of Engagement, in conformity with 22 NYCRR 125.1, must accompany the request.

Applies to

Stipulation of adjournment

A motion-adjournment application must be made by electronically filing a Stipulation of Adjournment with a briefing schedule.

Applications to adjourn motions SHALL be made by e-filing a Stipulation of Adjournment accompanied by a briefing schedule.

Applies to

Letter

A party that cannot consent to a motion adjournment must upload a letter to NYSCEF stating the reason.

If a party cannot consent, the party must state the reason in a letter uploaded to NYSCEF.

Applies to

Motion

Must include

proposed order

After the Part Clerk marks a motion submitted based on the nonmovant’s absence, the movant must submit a proposed order to the Part Clerk.

The Part Clerk will mark the motion “SUBMITTED,” and the movant will submit a proposed order to the Part Clerk.

Applies to

Bill of particulars

Before trial, counsel must furnish both the Bill of Particulars and marked pleadings to the Court under CPLR § 4012.

Before trial, counsel shall furnish to the Court the Bill of Particulars and the marked pleadings, pursuant to CPLR § 4012.

Applies to

Exhibits

Counsel must pre-mark trial exhibits in their intended introduction order.

Counsel shall pre-mark all exhibits in the order they intend to introduce them at trial.

Applies to

Exhibit list

Counsel must provide the Court with an exhibit list before trial.

A list of the exhibits shall also be provided to the Court before trial.

Applies to

Witness list

Before trial, counsel must provide an ordered list of potential witnesses and addresses, specified information about experts, expected testimony summaries, and needed interpreters, with professional witnesses providing business addresses.

Before trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, and any interpreters needed.

Applies to

Motion in limine

Unadjudicated evidentiary questions and procedural or substantive legal issues must be raised before trial through a written motion in limine.

Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to trial by way of a written motion in limine.

Applies to

Memorandum of law

A written memorandum of law citing the Official Reports is required for a motion in limine.

A written memorandum of law with citations to the Official Reports is required.

Applies to

Deposition

A copy of every deposition intended for use at 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.

Applies to

Deposition page line identification

Well before any deposition excerpt is read into evidence, counsel must provide the Court and adversary with the page and line numbers for the testimony so objections can be addressed first.

If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination), you must, well in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.

Applies to

Proposed jury charges

All proposed jury charges and proposed verdict sheets must be emailed to KSCCVPART1@nycourts.gov as Microsoft Word documents by the close of the plaintiff’s case.

All proposed jury charges and proposed verdict sheets shall be emailed (KSCCVPART1@nycourts.gov) to the Court as a Microsoft Word document by the close of plaintiff's case.

Applies to

Proposed order

A proposed order may not be uploaded unless all sides consent to the court signing it.

DO NOT UPLOAD PROPOSED ORDERS UNLESS ALL SIDES CONSENTED TO THE ORDER BEING SIGNED.

Applies to

Judicial subpoena

A judicial subpoena must be approved by the Subpoenaed Records Office and made returnable to the Subpoenaed Records Room at the specified courthouse address.

Judicial subpoenas must be approved by the Subpoenaed Records Office and made returnable to the Subpoenaed Records Room, New York State Supreme Court, Kings County, 360 Adams Street, 6th Floor, Brooklyn, NY 11201.

Applies to

Judicial subpoena

An approved subpoena must be placed in the basket outside courtroom 929 for judicial signature.

Approved subpoena shall be dropped off in the basket outside courtroom 929 for signature.

Applies to

Appearance waiver

All parties must attend the infant compromise hearing unless their appearance is waived in writing.

All parties must appear for a hearing unless their appearance was otherwise waived in writing.

Applies to

Infant compromise submission

The infant compromise submission must include the infant's medical reports, physician affirmation, settlement letter, incident report, and no-liens affirmation.

Further, the submission shall include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.

Applies to

Infant compromise petition

The papers must state the annuity cost if any portion of the infant compromise settlement is structured.

If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.

Applies to

Trial preparation submission

Before trial, counsel must furnish marked pleadings and a copy of the bill of particulars.

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.

Applies to

Infant compromise petition

A petition involving an infant age fourteen or older must include and file the infant's affidavit of consent.

An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.

Applies to

Infant compromise submission

A previously signed compromise order must be attached as an exhibit.

If a compromise order was previously signed in the action, such order must be attached as an exhibit.

Applies to

Infant compromise amendment

An amendment to an infant compromise order must include the original order and an attorney affirmation detailing the amendment and its reason.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Privilege log

Before an in-camera inspection, parties must submit a detailed privilege log.

Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR § 3122 (b).

Applies to

Exhibit list

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.

Applies to

Witness list

Counsel must provide a trial witness list in intended calling order that includes experts, their expertise, and summaries of expected testimony.

Provide 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.

Applies to

Requests to charge

Counsel must provide proposed jury instructions, which the court may adjust as necessary.

Provide proposed requests to charge, which may be adjusted if necessary.

Applies to

Trial deposition copies

Counsel must provide copies of depositions intended for use at trial.

A copy of depositions intended to be used at trial.

Applies to

Motion in limine

Unadjudicated evidentiary, procedural, or substantive issues must be raised and addressed before trial through a written or oral motion in limine.

Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine.

Applies to

Written motion in limine

A written motion in limine must include a memorandum of law citing the Official Reports.

A written memorandum of law with citations to the Official Reports is required.

Applies to

Motion or order to show cause

The court will not issue informal discovery rulings, and parties must seek judicial intervention through a formal motion or order to show cause, except where otherwise indicated.

This Court will not entertain discovery rulings.  Formal application (OSC/motion) is required for judicial intervention, except as indicated above.

Applies to

Motion

Must include

proposed order

An appearance is required for motions unless the parties resolve the motion on consent, upload a proposed order through NYSCEF at least three business days before the return date, and receive confirmation that appearance is unnecessary.

An appearance is required on all motions except where the parties have resolved the motion on consent and uploaded a proposed order via NYSCEF at least three business days prior to the return date and the movant gets confirmation from the Part Clerk that they do not have to appear.

Applies to

Trial submissions

Counsel must email the Part a list of pre-marked exhibits, witness and expert witness lists, proposed verdict sheets, closing charges, and EBTs to be read at trial.

Counsels are required to submit the following to the Part email listed above: A list of pre-marked Exhibits A witness List and an expert witness list which provides the expert’s area of expertise. (Indicate if an interpreter is required); Proposed verdict sheets Closing charges EBT’s to be read from at trial.

Applies to

Proposed verdict sheet

Proposed verdict sheets and closing charges must be emailed to the Part after the court provides directions at the pretrial conference.

Proposed verdict sheets and closing charges must be emailed to the Part email above following the court’s directions at the pre-trial conference.

Applies to

Video exhibits

Video exhibits must be submitted on a USB drive with the Notice of Hard Copy Exhibit Filing before the return date.

Any video exhibits submitted to the court must be on a USB drive accompanied with the notice of Hard Copy Exhibit Filing prior to the return date.

Applies to

Consent proposed order

Must include

proposed order

A motion may be resolved by filing a consent proposed order signed by all parties on the proper form at least three business days before the appearance.

Parties may resolve a motion by e-filing a consent proposed order, signed by all parties, on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance.

Applies to

Subpoena

A subpoena seeking testimony or documents from a nonparty must include an affirmation explaining relevance and any appropriate authorizations.

If the subpoena request 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.

Applies to

Stay request

Must include

proposed order

A stay request must include supporting proof and a fully executed proposed stay order uploaded to NYSCEF.

The party requesting the stay must provide the necessary proof (i.e., death certificate, military orders, bankruptcy order, Allegedly Incapacitated Person [AIP] petition) by uploading it to NYSCEF along with a fully executed proposed stay order.

Applies to

Proposed order or judgment

Must include

proposed order

Proposed orders and judgments must be submitted with a Notice of Settlement and any proposed counterorders as required by Uniform Civil Supreme Court Rule § 202.48.

Any proposed orders and/or judgments shall be submitted with a Notice of Settlement and any proposed counter orders as set forth in Uniform Rules for Civil Supreme Court § 202.48.

Applies to

Stipulation to amend caption or pleading

Must include

proposed order

A request to so order an amended pleading must include the original pleading, proposed amended pleading, and clearly redlined version filed through NYSCEF, with a courtesy copy emailed to Chambers when the request is made.

Stipulations to Amend Caption/Pleading: The Court requires a copy of the original pleading and the proposed amended pleading to consider a request to so order a stipulation to amend a pleading. Submit a redlined version of the proposed amended pleading that clearly highlights all changes so that the Court may easily ascertain the differences between the pleadings. This documentation should be uploaded in the NYSCEF system and a courtesy copy must be sent to the Court via email to hbrathwa@nycourts.gov, and flcastagna@nycourts.gov, at the time the request to so order the stipulation is made.

Applies to

Death certificate

Must include

case number

After a party dies, the death certificate must be uploaded to NYSCEF and the Court informed by email at both Chambers addresses.

Upon the death of a party to the action, please upload a death certificate to NYSCEF and inform the Court by sending an email to hbrathwa@nycourts.gov, and flcastagna@nycourts.gov.

Applies to

Bankruptcy notice

Must include

case number

Upon a party’s bankruptcy filing, proof of filing and counsel’s stay letter must be uploaded to NYSCEF, and the Court must be notified by email.

Upon a party’s filing for bankruptcy, please upload proof of such filing along with counsel’s letter indicating such and that the case should appropriately be stayed to NYSCEF and inform the Court by sending an email to hbrathwa@nycourts.gov, and flcastagna@nycourts.gov.

Applies to

Attorney fee request

Must include

proposed order

An attorney-fee request must include a detailed services affirmation, itemized billing sheet, hourly rates, and total hours, and obtain Court approval before payment.

Any request for attorney’s fees must be accompanied by a detailed affirmation of services with an itemized billing sheet, hourly rate(s), and total number of hours, and must be approved by the Court prior to any payment being made.

Applies to

Final account

A Final Account must be one consolidated accounting from the last judicially settled account and may not be divided into multiple annual accounts.

Final Accounts must be filed in the form of one consolidated accounting, from the date of the last judicially settled account, and may not be submitted in the form of multiple annual accounts.

Applies to

Motion to settle final account

Must include

proposed order

A motion to settle a Final Account must include a Referee’s Report unless waived.

A Referee’s Report (unless waived),

Applies to

Motion to settle final account

Must include

proposed order

A motion to settle a Final Account must include a proposed order settling the account.

A proposed Order Settling the Final Account, and

Applies to

Motion to settle final account

Must include

proposed order

A motion to settle a Final Account must include affirmations of legal services when the moving attorney requests fees.

The Affirmation(s) of Legal Services, if the moving attorney is requesting fees.

Applies to

Proposed order

Must include

proposed order

Every proposed order must be signed at the bottom to confirm that both parties reviewed it, including orders submitted after oral argument.

All Proposed Orders must be signed at the bottom of each submission to signify that both parties have reviewed the order, even if after oral argument

Applies to

Pretrial exhibit submission

Counsel must pre-mark all exhibits and email a list of those exhibits to the Part before trial.

Counsel shall pre-mark all exhibits, and a list of the exhibits shall be provided to the Court prior to trial via email to the Part

Applies to

Pretrial memorandum and relied upon authorities

A pretrial memorandum and copies of relied-upon cases and authorities must be submitted as trial documents.

Any pretrial memorandum, copies of cases and authorities upon which you will be relying, especially opinions not contained in the official reporters;

Applies to

Proposed witness list

The parties must submit a list of proposed witnesses and identify interpreter needs, including the requested language and dialect.

A list of proposed witnesses, including the need for any interpreters. If an interpreter is requested, please indicate the language and dialect;

Applies to

Proposed exhibit list

The parties must submit a list of proposed exhibits, pre-mark the exhibits, show them to opposing counsel, and use numeric symbols for plaintiff's exhibits and alphabetic symbols for defendant's exhibits.

A list of all proposed exhibits. Proposed exhibits should be pre-marked for identification and are to be shown to opposing counsel. Plaintiff’s exhibits are to be assigned a numeric symbol (i.e., 1, 2, 3, etc.) and Defendant’s an alphabetical one (i.e., A, B, C, etc.);

Applies to

Marked pleadings and bills of particulars

All marked pleadings and bills of particulars must be submitted as trial documents.

All marked pleadings and bills of particulars;

Applies to

Trial ebt copies

Copies of EBTs intended for trial must be submitted with the specific portions to be used identified.

Copies of all EBTs intended for use at trial and identifying any specific portion of those portions of EBTs to be referenced at trial;

Applies to

Audio visual equipment request

Any requests for audio or visual equipment must be submitted as trial documents.

Any requests for audio/visual equipment;

Applies to

Motion in limine

Motions in limine must be submitted as trial documents.

Motions in limine.

Applies to

Judicial subpoenas

Judicial subpoenas must be made returnable to the Kings County Subpoenaed Records Room at 360 Adams Street, 6th Floor, Brooklyn, New York 11201.

Judicial subpoenas must be made returnable to the NYS Supreme Court, Kings County Subpoenaed Records Room, 360 Adams Street, 6th Floor, Brooklyn, New York 11201.

Applies to

Amended infant compromise order

An amendment to an infant-compromise order must include the original order and an attorney affirmation detailing the proposed amendment and its reason.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Stipulation

An advance stipulation must state that the motion is fully briefed and request placement on the next available oral-argument date.

Parties may also stipulate in advance of the return date to put a fully briefed motion on the oral argument calendar. The Court will schedule the oral argument for the next available date. This stipulation must say that the motion(s) is/are fully briefed and put on for the next available oral argument date

Applies to

Motion

Must include

certificate of service

An affidavit of service for a motion not electronically filed must be separately uploaded to NYSCEF or annexed to the hard-copy motion papers.

All affidavits of service of motions not e-filed must be uploaded to NYSCEF (or, if applicable, annexed to any hard copy version of the motion papers) separately rather than be incorporated into any accompanying exhibits.

Applies to

Motion

Must include

certificate of service

Failure to submit the affidavit of service separately will result in denial of the motion.

The failure to follow this directive will result in the denial of the motion pursuant to CPLR §2211.

Applies to

Motion

Exhibits must be incorporated into and submitted with the motion papers that reference them rather than cited only by NYSCEF document number.

All exhibits must be incorporated into and submitted with the motion papers that refer to them rather than be cited and/or referred to (i.e., see, NYSCEF Doc. No. XX).

Applies to

Motion papers

Must include

caption

Every motion paper, including a stipulation or proposed order, must contain a full caption or it will be rejected.

All motion papers (including stipulations / proposed orders) MUST include a full caption. Papers that do not contain a full caption will be rejected and not considered.

Applies to

Motion

A movant under CPLR § 2221 must include copies of the papers submitted with the prior order and motion.

On a motion pursuant to CPLR §2221, movant must include copies of papers submitted on the prior order and motion.

Applies to

Sur reply

Sur-reply papers may not be submitted to the court.

There shall be no “Sur-Reply” papers submitted to the Court.

Applies to

Trial papers

The plaintiff must provide marked pleadings and a bill of particulars, including any amended or supplemental bill, for trial.

The plaintiff must provide the court with marked pleadings, a bill of particulars (including any amended and/or supplemental bills of particulars)

Applies to

Deposition transcript

A party intending to use a deposition transcript at trial must provide the court with a copy.

if a party intends to use a deposition transcript at trial that party must provide a copy of the transcript to the Court.

Applies to

Requests to charge

All parties must provide necessary requests to charge before trial begins.

Prior to the commencement of the trial, all parties must provide the court with requests to charge including contentions to the extent necessary.

Applies to

Infant compromise petition

An infant compromise petition must include medical reports, a physician affirmation prepared within six months, a settlement letter, and an affidavit of no liens.

The infant’s medical reports, a physician's affirmation that is prepared within six months of the application, a settlement letter, and an affirmation of no liens are also required.

Applies to

Infant compromise order

If any part of the infant-compromise settlement is structured, the order must state the annuity's cost.

If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

Applies to

Infant compromise order

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 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.

Applies to

Infant compromise submission

Every infant-compromise submission must include either a letter of tender stating the proposed settlement amount or a party stipulation reflecting that amount.

All submissions must include either a letter of tender stating the proposed settlement amount or a stipulation of the parties reflecting same.

Applies to

Proposed infant compromise order

A proposed infant-compromise order must state the infant plaintiff’s full name and date of birth and include the quoted good-cause language.

The proposed infant compromise order must include the full name and date of birth of the infant plaintiff and incorporate the following language: “Pursuant to 22 NYCRR 202.5 (e) (2), the Court finds good cause to permit the inclusion of the infant’s full name and date of birth in the compromise order.”

Applies to

Infant compromise submission

An affidavit of consent from the infant is required when the infant is fourteen years old or older.

If the infant is fourteen years or older, an affidavit of consent from the infant must be provided.

Applies to

Trial submission

Before trial, counsel must submit marked pleadings, a witness list, an exhibit list, and any deposition transcripts intended for use at trial.

Prior to the commencement of trial, counsel shall submit to the court marked pleadings, a witness list, an exhibit list, and any deposition transcripts intended to be used at trial.

Applies to

Proposed jury charges and verdict sheet

Proposed jury charges and verdict sheets must be submitted to the court in typed form before trial begins.

Counsel must submit proposed jury charges and verdict sheets to the court in typed form prior to the commencement of trial.

Applies to

Motion in limine

A motion in limine must be supported by a written memorandum of law citing pertinent statutory authority or case law.

A written memorandum of law with citations to the pertinent statutory authority or case law is required.

Applies to

Attorney fee request

An attorney-fee request must include a detailed affirmation with an itemized billing sheet, hourly rates, and total hours, and must receive court approval before payment.

Any request for attorney’s fees must be accompanied by a detailed affirmation of services with an itemized billing sheet, hourly rate(s), and total number of hours, and must be approved by the Court prior to any payment being made.

Applies to

Final account motion

Must include

proposed order

A motion to settle a final account must include a referee’s report unless waived and a proposed order, plus legal-service affirmations if fees are requested.

All motions to settle Final Accounts must have the following attachments:A Referee’s Report (unless waived), A proposed Order Settling the Final Account, and The Affirmation(s) of Legal Services, if the moving attorney is requesting fees.

Applies to

Summary judgment motion

A statement of material facts is required for the summary-judgment motion.

Statement of Material Facts are required.

Applies to

Unopposed motion

Must include

proposed order

An unopposed motion must be accompanied by a proposed order.

A proposed order shall accompany an unopposed motion.

Applies to

Summary judgment motion

Any request for an extension of time must be included in the summary-judgment motion.

All requests for time extensions must be made within the summary judgment motion.

Applies to

Sur reply

A sur-reply affidavit, affirmation, or letter will not be accepted or considered without leave of court.

No sur-reply affidavit, affirmation, or letter will be accepted or considered without leave of Court.

Applies to

Trial paperwork

Before trial, counsel must furnish the Bill of Particulars and marked pleadings to the court.

Counsel shall furnish to the Court the Bill of Particulars and the marked pleadings, pursuant to CPLR § 4012.

Applies to

Exhibit list

A list of exhibits must be provided to the court before trial.

A list of the exhibits shall also be provided to the Court before trial.

Applies to

Potential witness list

Before trial, counsel must provide the court an ordered list of potential witnesses, addresses, expert information, expected testimony summaries, and needed interpreters.

Before trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, and any interpreters needed.

Applies to

Motion in limine

A written motion in limine must include a memorandum of law with citations to the Official Reports.

A written memorandum of law with citations to the Official Reports is required.

Applies to

Deposition

Depositions 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.

Applies to

Proposed order

Must include

proposed order

The parties may resolve a motion by submitting a proposed order signed by every party through NYSCEF and email to chambers.

The parties may resolve motions by e-filing and emailing to Chambers, a proposed Order, signed by all parties, requesting that it be “So Ordered.”

Applies to

Stipulation of discontinuance

A partial-settlement stipulation must expressly identify itself as partial and state which parties have settled or are no longer in the case.

If a case is only partially settled, the stipulation of discontinuance must explicitly state that it is a partial stipulation of discontinuance and must clearly indicate which party or parties have settled or are no longer in the case.

Applies to

Exhibit list

Counsel must provide the court with an exhibit list at the initial trial conference.

A list of the exhibits shall also be provided to the Court at the initial conference.

Applies to

Proposed jury charges and verdict sheet

At the first judge conference, each participating party must provide printed proposed jury charges and verdict sheets.

At the first conference with the judge, the parties participating in the trial are required to provide the Court with printed proposed jury charges and printed proposed verdict sheets.

Applies to

Written motion in limine

An unadjudicated evidentiary, procedural, or substantive issue may be raised by an oral or written motion in limine, and a written motion must include a memorandum of law citing the Official Reports.

Any potential evidentiary question, procedural question/issue, or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to commencement of the trial by way of an oral or written motion in limine. A written memorandum of law with citations to the Official Reports is required.

Applies to

Consent proposed order

Must include

proposed order

An appearance-exception submission must include a consent proposed order uploaded through NYSCEF at least three business days before the return date, with confirmation that appearance is unnecessary.

Parties have resolved a motion on consent and uploaded a proposed order via NYSCEF at least Three (3) business days prior to the return date, and the movant received confirmation that they do not have to appear.

Applies to

Flash drive affirmation

A flash-drive affirmation containing the prescribed statements and language must be filed with a video exhibit.

Additionally, an affirmation must be filed stating that the flash drive is new, has never been used before this time and is free from any malware or viruses. The language that should be included in the affirmation shall be as follows:

Applies to

Infant compromise petition

Must include

proposed order

An infant-compromise-order petition must be filed through NYSCEF together with a stipulation of discontinuance.

Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance.

Applies to

Infant compromise petition

Infant-compromise petitions must comply with CPLR § 1208 and 22 NYCRR § 202.67.

Infant Compromise petitions must comply with CPLR § 1208 and 22 NYCRR § 202.67.

Applies to

Attorney affidavit

The attorney affirmation must address every named defendant and identify dismissals, discontinuances, or defaults in appearances.

The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or defaults in appearances.

Applies to

Attorney affidavit

Must include

legal argument, statement of facts

The attorney affirmation must describe the incident in detail and address all liability issues.

The affirmation must include a detailed description of the incident and all liability issues.

Applies to

Infant compromise submission

The submission must include the infant's medical reports, a physician affirmation, settlement letter, incident report, and no-liens affirmation.

Further, the submission shall include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report, etc.) and an affirmation of no liens.

Applies to

Infant compromise papers

If any portion of an infant-compromise settlement is structured, the papers must state the annuity's cost.

If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.

Applies to

Infant compromise petition

For an infant age fourteen or older, an Affidavit of Consent Form must be included in the petition and filed with the court.

An Affidavit of Consent Form from an infant fourteen (14) years or older must be included in the Petition and filed with the Court.

Applies to

Infant compromise submission

Must include

exhibit list

Any previously signed compromise order in the action must be attached to the submission as an exhibit.

If a compromise order was previously signed in the action, such order must be attached as an exhibit.

Applies to

Compromise order amendment

An amendment to a compromise order must include the original order, an attorney affirmation detailing the proposed amendment and reason, and all other necessary papers.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Pretrial submission

Before trial, counsel must provide marked pleadings and a copy of the Bill of Particulars.

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 Civil Rules for the Supreme Court § 202.35.

Applies to

Exhibit list

Counsel must pre-mark exhibits in introduction order before the jury is seated and provide the court an exhibit list before trial.

Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial before the jury is seated. A list of the exhibits shall also be provided to the Court prior to trial.

Applies to

Exhibit list

Must include

exhibit list

On the trial day, counsel must give the exhibits and exhibit list to the Part Clerk for official marking before trial.

On the day of trial, the exhibits and the list will be given to the Part Clerk, who will officially mark them before trial.

Applies to

Witness list

Before trial, counsel must provide a potential-witness list in intended call order, including experts, their expertise, summaries of expected testimony, and needed interpreters.

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, including a summary of expected trial testimony, and any interpreters needed.

Applies to

Motion in limine

Must include

legal argument

Unadjudicated evidentiary, procedural, or substantive issues must be raised and addressed before trial through a written or oral motion in limine.

Any potential evidentiary question, procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to trial by way of a written or oral motion in limine.

Applies to

Deposition page line citations

Before trial, counsel must give the court and adversary page and line numbers for any deposition testimony intended to be read into evidence so objections may be addressed before use.

If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination), you must, prior to commencement of trial, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.

Applies to

Jury instructions

A modified Pattern Jury Instruction must highlight the exact modified language and include appropriate supporting authority.

If a Pattern Jury Instruction (PJI) is being modified, the exact language must be highlighted and submitted together with the appropriate authority for the modification.

Applies to

Motion

Motions are generally heard in person on Wednesdays in Courtroom 357 unless the court indicates otherwise.

All motion will be heard in person, on Wednesdays in Courtroom 357, unless the Court indicates otherwise.

Applies to

Proposed order

Must include

proposed order

The movant must bring a hard copy of the proposed order on the motion return date, including for e-filed cases.

Movant must bring a hard copy of a Proposed Order on the motion return date (including Proposed Orders for e-filed cases).

Applies to

Motion

Must include

proposed order

Foreclosure motions must include a proposed order modeled on the applicable sample orders promulgated by the Chief Administrative Judge when applicable.

Foreclosure motions must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable.

Applies to

Proposed order

Must include

proposed order

Parties who appear at a ruling must submit a short form order unless the court indicates otherwise.

If the Court makes a ruling on a motion, the parties who appear are required to submit a short form order, unless indicated otherwise.

Applies to

Stipulation

A settlement stipulation involving a pro se or self-represented defendant must be approved by the court and bear the court's “So Ordered” notation.

Any Stipulation of Settlement with a Pro Se/Self-represented Defendant must be “So Ordered” by the Court.

Applies to

Pleadings

Counsel must provide the court with marked pleadings and a copy of the Bill of Particulars at the initial conference or soon thereafter.

At the initial conference, or soon thereafter, counsel must furnish the Court with marked pleadings and a copy of the Bill of Particulars.

Applies to

Motion in limine

Potential evidentiary questions and unadjudicated procedural or substantive issues must be raised with the court by motion in limine.

Any potential evidentiary questions, procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention by motion in limine.

Applies to

Exhibits

Counsel must pre-mark all exhibits in the intended order of introduction and provide the court with an exhibit list before trial.

Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial.

Applies to

Trial

Before trial, counsel must provide the court with a list of intended witnesses, including experts, and the date each witness will be called.

Prior to trial, counsel shall provide the Court with a list of potential witnesses they intend to call at trial, including expert witnesses, and the date they intend to call each witness.

Applies to

Deposition

A copy of each deposition intended for use at 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.

Applies to

Jury instructions

Before trial, counsel must provide typed proposed jury charges and verdict sheets, which may be adjusted after a charging conference.

Prior to trial, counsel shall provide the Court proposed jury charges and proposed verdict sheets in typed form, which may be adjusted after a charging conference.

Applies to

Subpoena

Every subpoena must be approved by the Subpoena Records Room and then delivered to courtroom 357 for signature.

All subpoenas must be approved by the Subpoena Records Room, located on the 6th Floor, after which the approved subpoena shall be dropped off in the courtroom 357, for signature.

Applies to

Proposed order

Must include

proposed order

A settled motion requires a proposed order or all-party stipulation uploaded to NYSECF at least three business days before the return date, with all parties named in the caption and the index number included.

If the parties resolve the motion outside of court, a proposed order or stipulation must be uploaded to NYSECF at least three (3) business days prior to the return date of the motion. The stipulation must be signed by all parties, include all parties in the caption and the index number.

Applies to

Motion

In a matter not filed electronically, copies of the motion papers must be brought to court on the return date.

If the matter is not electronically filed, copies of the motion papers must be brought for the Court on the return date.

Applies to

Notice of appearance

Parties may skip the return-date appearance only after receiving confirmation from the part clerk that appearance is unnecessary.

The parties must receive confirmation from the Part Clerk that an appearance is not required to not appear on the return date.

Applies to

Short form order

Every short-form order must include the papers citation required by CPLR 2219(a).

SHORT FORM ORDERS: All Short Form Orders must contain a citation of the papers as required by CPLR 2219(a).

Applies to

Petition

An infant-compromise or wrongful-death submission must include the infant's medical reports, a physician affirmation, settlement letter, incident report, and no-liens affirmation.

The submission shall also include the infant’s medical reports, a Physician Affirmation, a Settlement Letter, an Incident report (i.e., police report, school accident report, etc.), and an Affirmation of no liens.

Applies to

Attorney affirmation

The attorney affirmation must address every named defendant, identify dismissals, discontinuances, or default appearances, and describe the incident and liability issues in detail.

The Attorney Affirmation must account for all Defendants named in the caption indicate dismissals, discontinuances or defaults in appearances, and include a detailed description of the incident and all liability issues.

Applies to

Petition

When any part of a settlement is structured, the papers must state the annuity's cost.

If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.

Applies to

Petition

An infant age fourteen or older requires an Affidavit of Consent form in the petition and filed with the court.

If the infant is fourteen (14) years or older an Affidavit of Consent form must be included in the Petition and filed with the Court.

Applies to

Exhibits

A previously signed or denied compromise order must be attached as an exhibit.

If a Compromise Order was previously signed or denied the Order must be attached as an exhibit.

Applies to

Compromise order amendment

An amendment to a compromise order must include the original order, an attorney affirmation detailing the proposed amendment and reason, and any other necessary papers.

Amendments to Compromise Orders must include a copy of the original Compromise Order and an Attorney Affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Motion in limine

Unadjudicated evidentiary, procedural, or substantive issues must be raised and addressed before trial through a written or oral motion in limine.

Motions in limine: Any potential evidentiary questions or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed before trial by way of a written or oral motion in limine.

Applies to

Deposition

Counsel must submit a copy of every deposition intended for use at trial.

A copy of all depositions counsel intends to use at trial must be submitted to the Court.

Applies to

Waiver

A written waiver must be provided to the court and state that every remaining non-applicant party waives service of the hearing notice of appearance, supporting papers, and related communication.

All such waivers must be in writing and provided to the Court. The waiver must state that all remaining parties (other than the applicant) have waived service of the notice of appearance at the hearing and notice of the papers and communication in support of the application.

Applies to

Compromise order

A compromise order must state the infant petitioner's full name and date of birth.

Pursuant to 22 NYCRR 202.5(e)(2), the Court requires that the infant-petitioner’s full name and date of birth appear in the order.

Applies to

Compromise order submission

Every compromise-order submission must include either a letter stating the proposed settlement amount or a party stipulation reflecting that amount.

Additionally, all submissions shall include either a letter offering the proposed settlement amount or a stipulation of the parties reflecting same.

Applies to

Petition

An infant-compromise submission must include specified medical, physician, settlement, incident-report, and no-lien materials.

Further, the submission shall include the infant’s medical reports, a Physician Affirmation, a Settlement Letter, an Incident Report (i.e., police report, school accident report, etc.) and an Affirmation of no liens.

Applies to

Petition

When the infant is at least 14 years old, an Affidavit of Consent Form must accompany the petition and be filed with the Court.

An Affidavit of Consent Form from an infant fourteen (14) years or older must be included in the Petition and filed with the Court.

Applies to

Petition

A previously signed Compromise Order must be attached to the submission as an exhibit.

If a Compromise Order was previously signed in the action, such Order must be attached as an exhibit.

Applies to

Compromise order

An amendment to a Compromise Order must include the original order and an attorney affirmation detailing and explaining the proposed amendment.

Amendments to Compromise Orders must include a copy of the original Compromise Order and an Attorney Affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Exhibits

Trial attorneys must premark exhibits in their intended introduction order.

Exhibits: Attorneys must pre-mark all exhibits in the order they are to be introduced at trial.

Applies to

Witness list

Attorneys must exchange witness lists with each other and provide them to the Court in anticipated order of appearance.

Attorneys shall exchange and provide the Court with their witness lists, with the names in order of their anticipated appearances.

Applies to

Discovery subpoena

In cases filed electronically, proof of the required subpoena notice must be filed with the subpoena through NYSCEF.

Proof that such notice was provided must be filed with the subpoena via NYSCEF in e-filed cases.

Applies to

Non party subpoena

A subpoena directed to a non-party must sufficiently state the reasons supporting the subpoena.

All subpoenas on non-parties must sufficiently state the reasons underlying the subpoena.

Applies to

Attorney affirmation

The attorney affirmation must address every named defendant, identify dismissals, discontinuances, or defaults in appearances, and describe the incident and liability issues in detail.

The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The affirmation must include a detailed description of the incident and liability issues.

Applies to

Infant compromise submission

An infant compromise submission must include the infant's medical reports, a recent physician affirmation, a settlement letter, an incident report, and an affidavit of no liens.

Further, the submission shall include the infant’s medical reports, a recent physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.

Applies to

Infant compromise petition

An infant compromise petition for an infant age 14 or older must include the infant's affidavit of consent.

An affidavit of consent from an infant 14 years or older must be included with the petition.

Applies to

Infant compromise papers

When any portion of an infant compromise settlement is structured, the papers must state the annuity's cost.

If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.

Applies to

Infant compromise submission

A previously signed compromise order in the action must be attached to the submission as an exhibit.

If a compromise order was previously signed in the action, such order must be attached as an exhibit.

Applies to

Compromise order amendment petition

A petition to amend an infant compromise order must include the original order, an attorney affirmation detailing the amendment and its reason, and all other necessary papers.

Petitions to amend a compromise order must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Trial submission

Before trial, counsel must furnish marked pleadings and a copy of the Bill of Particulars to the Court.

Marked Pleadings and Bill of Particulars: Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR §4012 and Kings County Supreme Court Uniform Civil Term Rules §202.35.

Applies to

Exhibit list

Counsel must pre-mark trial exhibits in their intended introduction order and provide the Court with an exhibit list before trial.

Counsel must pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial.

Applies to

Witness list

Counsel must provide a pretrial witness list organized by intended order of call and including experts, their expertise, and a summary of expected testimony.

Witness list: Provide a list of potential witnesses in the order in which you intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.

Applies to

Requests to charge

Counsel must provide proposed jury requests to charge, which the Court may adjust if necessary.

Requests to Charge: Provide proposed requests to charge, which may be adjusted if necessary.

Applies to

Deposition copies

Counsel must provide copies of any depositions intended for use at trial.

Depositions: A copy of depositions intended to be used at trial.

Applies to

Written motion in limine

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.

Applies to

Motion to settle final account

Must include

proposed order

A motion to settle a final account must include a proposed order settling the account, a referee’s report unless waived, and legal-service affirmations if fees are requested.

All motions to settle Final Accounts must have the following attachments:A Referee’s Report (unless waived), A proposed Order Settling the Final Account, and The Affirmation(s) of Legal Services, if the moving attorney is requesting fees.

Applies to

In camera inspection 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).

Applies to

Infant compromise petition

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.

Applies to

Infant compromise 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.

Applies to

Infant compromise submission

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.

Applies to

Compromise order amendment

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.

Applies to

Trial submission

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.

Applies to

Trial exhibits

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.

Applies to

Trial witness list

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.

Applies to

Motion in limine

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.

Applies to

Trial depositions

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.

Applies to

Inquest submission

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.

Applies to

Inquest damages submission

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.

Applies to

Sealed filing

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.”

Applies to

Confidentiality order request

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.

Applies to

Sealing motion

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.

Applies to

Adjournment stipulation

Every stipulation to adjourn must include a proposed briefing schedule.

All stipulations to adjourn shall be accompanied by a briefing schedule.

Applies to

Motion papers

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.

Applies to

Pro hac vice request

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.

Applies to

Pro hac vice support affirmation

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.

Applies to

Summary judgment motion

Must include

statement of facts

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.

Applies to

Settlement stipulation

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.

Applies to

Settlement of order or judgment

Must include

proposed order

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.

Applies to

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.

Applies to

Motion

Merely referencing relevant documents in NYSCEF does not satisfy the requirement to annex copies.

Reference to the NYSCEF documents is not sufficient.

Applies to

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.

Applies to

Reply brief

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.

Applies to

Subpoena

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.

Applies to

Infant compromise hearing

Must include

proposed order

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.

Applies to

Proposed order or judgment

Must include

proposed order, notice of electronic filing

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.

Applies to

Short form order

Must include

proposed order

A directed short-form order must be submitted before leaving the courtroom that day or the matter will be adjourned.

IF PARTIES ARE DIRECTED TO SUBMIT A SHORT FORM ORDER THEY MUST DO SO BEFORE LEAVING THE COURTROOM THAT DAY. FAILURE TO SUBMIT AN ORDER BEFORE LEAVING THE COURTROOM WILL RESULT IN NO ORDER BEING SIGNED AND THE MATTER WILL BE ADJOURNED TO THE NEXT AVAILABLE MOTION DATE.

Applies to

Default judgment

A default-judgment applicant must bring an affidavit of service for each defaulting party to the general calendar call.

If a party is seeking a default judgment, they MUST bring a copy of the affidavit of service for each defaulting party to the general calendar call. The order will not be signed if there is no affidavit of service for the court to review and the matter will be adjourned to the next calendar date.

Applies to

Summary jury trial stipulation

Every summary-jury-trial stipulation must state the virtual evidentiary-hearing date, jury-selection date, trial date, and whether an interpreter is needed.

All SJT stipulation MUST include the dates for the virtual evidentiary hearing, the date to pick a jury, and the trial date and whether an interpreter will be needed

Applies to

Order to show cause

Non-electronically filed Orders to Show Cause must include available contact information for every party.

Orders to Show Cause that are not efiled MUST contain the contact information (telephone number, email address and/or mailing address), if available for ALL parties.

Applies to

Marked pleadings

Counsel must furnish marked pleadings to the court before trial under CPLR § 4012.

Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR §4012.

Applies to

Trial exhibits

Counsel must pre-mark trial exhibits in their intended order of introduction.

Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial.

Applies to

Exhibit list

A list of trial exhibits must be provided to the court before trial.

A list of the exhibits shall be provided to the Court prior to trial.

Applies to

Trial exhibits

Plaintiffs must number their trial exhibits, while defendants must letter theirs.

Plaintiffs will number their exhibits and defendants will letter their exhibits.

Applies to

Trial exhibits and exhibit list

The exhibits and exhibit list must be given to the Part Clerk on the business day before trial for official marking.

On the business day before the trial, the exhibits and the list will be given to the Part Clerk who will officially mark them before trial.

Applies to

Potential witness list

Before trial, counsel must provide an ordered potential-witness list that includes experts, expertise, expected testimony summaries, and needed interpreters.

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, including a summary of expected trial testimony, and any interpreters needed.

Applies to

Infant compromise hearing package

Must include

proposed order

The court must receive a proposed order before an infant compromise hearing can be scheduled.

Prior to scheduling the hearing, the Court MUST receive the proposed order, copies of all relevant medical records, doctor(s) affirmations, and a NYC Department of Human Resources Lien/No Lien Letter and ALL checklist items.

Applies to

Proposed order

Must include

proposed order

When directed by the Court, a proposed order must be submitted before the end of that business day, or as otherwise directed, in Microsoft Word format.

If at the conclusion of oral argument, the Court directs a party or the parties to submit a proposed order, such order shall be submitted to the Court, before the end of that business day-- or as otherwise directed by the Court--, in Microsoft Word document format.

Applies to

Proposed order

Must include

proposed order

The proposed order must be emailed to both law clerks, not the Part Clerk, and copied to all appearing parties or state that no other party has appeared.

The proposed order must be emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk). This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action.

Applies to

Motion submission

Must include

ai disclosure

Every motion submission must include an attorney or self-represented-party certification stating whether generative AI was used and, if so, that an attorney or self-represented party reviewed and approved all generated text, citations, quotations, and legal analysis.

All submissions with respect to a motion must include a certification by an attorney either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney (or the self-represented party).

Applies to

AI certification

Must include

ai disclosure

If generative AI was used, the certification must identify the program, the documents containing generated material, and the parts drafted by the program; one certification may cover several documents in a party’s submission.

If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program. One certification pertaining to a party’s submission comprised of several such documents shall suffice.

Applies to

Motion

Must include

caption, proposed order

DJMP motion papers, stipulations, and proposed orders must contain a full caption naming every party, and proposed orders must list all papers filed with the motion.

All motion papers (including stipulations and proposed orders) must include a full caption naming all parties. Please include all papers filed in connection with the motion in all proposed orders.

Applies to

Motion

Must include

proposed order

Unless the court directs otherwise, counsel must submit a proposed order consistent with the decision, by hard copy after calendar call or through NYSCEF by 5:00 p.m. that day.

Unless the Court specifically direct otherwise, for all motions, counsel must submit a proposed order consistent with the Court’s decision, including for adjournments to supplement motion papers. Submissions may be by hard copy following the calendar call, or via NYSCEF by 5:00 pm that same day.

Applies to

Motion

Each affidavit of service and non-military affidavit must be attached to a DJMP motion as a separately labeled exhibit.

Each affidavit of service and non-military affidavit must be attached to motions as a separate exhibit with a separate label.

Applies to

Default judgment

A DJMP motion for default judgment must include a new nonmilitary affidavit dated no more than 30 days before filing.

When filing a motion for default judgment, a new nonmilitary affidavit must also be filed and dated no earlier than 30 days prior to the filing of said default motion.

Applies to

Proposed order

Must include

caption

Every proposed order must include a full caption, the calendar number, and a list of all papers read on the motion.

All proposed orders must include a full caption naming all parties to the action, the calendar number, and a list of all papers read on the motion pursuant to CPRL 2219 (a).

Applies to

Proposed judgment

In ejectment actions, counsel must submit a proposed judgment of possession and a separate proposed writ of assistance instead of a proposed order.

Ejectment Actions: In the case of ejectment actions, instead of a proposed order, submit a proposed judgment of possession, and, as a separate document, a proposed writ of assistance.

Applies to

Proposed judgment

For no-fault-insurance declaratory judgments, the proposed judgment must state the alleged accident date, policy numbers, and claim numbers instead of submitting a proposed order.

Declaratory Judgments: In the case of a declaratory judgment involving no-fault insurance, instead of a proposed order, submit a proposed judgment that includes the date of the alleged accident, insurance policy number(s), and the insurance claim number(s).

Applies to

Motion

Must include

caption, proposed order

Part 17 motion papers must include a full party caption, and opposition and reply papers are due 14 and seven days before the return date, respectively.

All motion papers (including stipulations and proposed orders) must include a full caption naming all parties. Any opposition papers must be filed no later than fourteen (14) days prior to the return date. Any reply papers must be filed no later than seven (7) days prior to the return date.

Applies to

Jury instructions

Proposed jury charges must use the current New York Pattern Jury Instructions, and charges citing outdated PJI sections may not be considered.

Proposed Jury Charges are required to utilize the current version of the New York Pattern Jury Instructions. Any Proposed Jury Charge citing an outdated section of the PJI may not be considered.

Applies to

Affidavit

An infant-compromise attorney affirmation must address all caption defendants, identify dismissals, discontinuances, or default appearances, describe the accident or incident, and state liability adequately.

The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. Further, the affirmation must include a detailed description of the accident/incident and an adequate statement regarding liability.

Applies to

Motion

An infant-compromise application must include the infant’s medical reports, a physician’s affirmation prepared within six months, a settlement letter, and an affidavit of no liens.

The infant’s medical reports, a physician's affirmation that is prepared within six months of the application, a settlement letter, and an affirmation of no liens are also required.

Applies to

Affidavit

If a previously settling defendant received a signed compromise order, it must be attached as an exhibit and the partial settlement stated in the attorney affirmation supporting the final 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.

Applies to

Motion

An amendment to an infant-compromise order must include the original order, an attorney affirmation detailing the amendment and reason, and all other necessary papers.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Applies to

Affidavit

When only one parent appears, the other custodial parent must provide a notarized hearing affidavit stating awareness, waiver of presence, settlement consent, and the settlement amount.

If only one parent is appearing at a hearing, a notarized affidavit from the other custodial parent must be presented at the hearing. Said affidavit must state that the non-appearing parent is aware of the hearing, that they waive their right to be present at the hearing, and consent to the settlement. The affidavit should provide the amount of the settlement.

Applies to

Proposed order

Must include

caption

Every proposed order must include a complete case caption and avoid symbols and abbreviations in its body.

All proposed Orders submitted for consideration to the Court shall contain a complete case caption and without the use of symbols or abbreviations in the body of the proposed Order.

Applies to

Proposed order

Each proposed order must list the relevant NYSCEF document numbers for the motion, opposition, and any reply.

Pursuant to CPLR 2219 (a), each proposed Order must also set forth all relevant NYSCEF document numbers corresponding to the motion, opposition, and any reply submissions.

Applies to

Proposed order

A noncompliant proposed order will be rejected and must be corrected and refiled for the court’s consideration.

Any submission that fails to comply with these requirements will be rejected, and the submitting party shall be required to file a corrected proposed Order for the Court’s consideration.

Applies to

Pretrial submission

Before trial, each party must provide marked pleadings, bills of particulars, a proposed-exhibit list, and a witness list identifying witnesses and interpreter or scheduling needs.

Prior to trial, each party shall provide marked pleadings, all bills of particulars, a list of proposed trial exhibits, and a witness list identifying anticipated witnesses and any interpreter or scheduling needs.

Applies to

Proposed jury charges

Counsel must submit proposed jury charges based on the current New York Pattern Jury Instructions and a proposed verdict sheet.

In jury trials, counsel shall submit proposed jury charges based upon the most current edition of the New York Pattern Jury Instructions (PJI) and a proposed verdict sheet.

Applies to

Infant compromise application

Must include

proposed order

Infant-compromise applications require compliance with CPLR §1208 and applicable administrative orders, together with complete medical documentation, lien information, and a proposed order.

Applications for infant compromise orders must comply with CPLR §1208 and applicable Administrative Orders. Complete medical documentation, lien information, and proposed orders are required.

Applies to

All submissions

Must include

ai disclosure

Counsel must include an affirmation in every submission disclosing AI use, confirming independent verification of authorities and arguments, and attesting that no fictitious case law was used.

As part of all submissions, counsel shall provide an affirmation disclosing whether artificial intelligence was utilized in preparation of this document and attesting that all legal arguments and cited authorities have been independently verified by the attorney and that no fictitious or non-existent case law has been relied upon.

Applies to

Notice of withdrawal

A motion withdrawal requires a notice of withdrawal filed in NYSCEF and an emailed courtesy copy to both law clerks at least three business days before the motion date.

Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.

Applies to

Proposed order to show cause

Must include

proposed order

A proposed order to show cause must be submitted to the Ex Parte Motion Support Office before it is submitted to Part 70.

Proposed orders to show cause must be brought to the Ex Parte Motion Support Office prior to submission to Part 70.

Applies to

Stipulation

A stipulated resolution requires filing the stipulation in NYSCEF and emailing a courtesy copy to both law clerks at least three business days before the motion date.

If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a courtesy copy emailed to the Court to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.

Applies to

Marked pleadings

Counsel must furnish marked pleadings to the Court before trial pursuant to CPLR § 4012.

Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR § 4012.