New York Supreme Court, Kings County Electronic Filing Rules

Applies to

Motion papers

Motion papers must be filed electronically through NYSCEF unless the matter is exempt from electronic filing.

All motion papers shall be filed electronically through NYSCEF unless the matter is exempt from e-filing.

Applies to

Motion papers

In a non-NYSCEF case, motion papers must be delivered to the Motion Support Office rather than chambers.

In the rare instance where a case does not participate in NYSCEF, motion papers must be delivered to the Motion Support Office at 360 Adams Street, Room 227, NOT to Chambers.

Applies to

Proposed order

A fully executed stipulation seeking a so-ordered designation must be uploaded to NYSCEF as a proposed order.

Fully executed stipulations to be “so ordered” by the Court shall be uploaded to NYSCEF as a proposed order.

For each trial, proposed exhibits, exhibit charts, witness lists, jury instructions, and verdict sheets must be uploaded to the NYSCEF Virtual Evidence Courtroom.

The Court will create a Virtual Evidence Courtroom (VEC) in NYSCEF for each trial. All proposed exhibits, exhibit charts, and proposed witness lists shall be uploaded to the VEC. Proposed jury instructions and verdict sheets shall also be uploaded to the VEC using the document type “Contested Issues Plaintiff/Defendant.”

Before trial, counsel must upload proposed PJI-based jury charges and a proposed verdict sheet to the VEC under the designated document type.

In jury trials, prior to the commencement of trial counsel shall upload to the VEC, using the document type “Contested Issues Plaintiff/Defendant,” proposed jury charges based upon the most current edition of the New York Pattern Jury Instructions (PJI) and a proposed verdict sheet.

Applies to

Case filings

An action in which every party is represented by counsel must be converted to NYSCEF.

Where all parties are represented by counsel, the parties must convert the action to NYSCEF.

Applies to

Motion papers

All motion papers in NYSCEF cases must be filed electronically through NYSCEF.

All motion papers must be filed electronically through NYSCEF.

Applies to

Motion papers

In a pro se action not participating in NYSCEF, motion papers must be filed in person or by mail at the Motion Support Office with the filing fee.

Pro Se Non-NYSCEF/E-Filed Actions: Where the action does not participate in NYSCEF, motion papers must be filed by in person or by mail to the Motion Support Office, 360 Adams Street, Room 227, together with the filing fee.

Applies to

Subpoena

All subpoenas in NYSCEF cases must be electronically filed for approval by the subpoena records room.

NYSCEF/E-Filed Actions: All subpoenas must be e-filed for approval by the subpoena records room.

Applies to

Subpoena

Subpoenas in pro se non-NYSCEF actions must be submitted to the subpoena records room for approval.

Pro Se Non-NYSCEF/E-filed Actions: The subpoenas shall be submitted to the subpoena records room for approval.

Applies to

Infant compromise petition and supplemental submissions

Infant-compromise petitions and all supplemental submissions in NYSCEF cases must be filed through NYSCEF.

NYSECF/E-Filed Actions: Petitions for infant compromise orders must be filed through NYSCEF. Any supplemental submissions must be uploaded through NYSCEF as well.

Applies to

Infant compromise petition and supplemental submissions

In pro se non-NYSCEF cases, infant-compromise petitions must be submitted to Motion Support and supplemental submissions to the Part Clerk.

Pro Se Non-NYSECF/E-Filed Actions: Petitions for infant compromise orders must be submitted to Motion Support. Any supplemental submissions must be submitted to the Part Clerk.

Applies to

Proposed order

Proposed orders and stipulations in e-filed cases should be uploaded only to NYSCEF; in non-e-filed cases they may be emailed, and no email should be sent merely to notify the court of an NYSCEF upload.

** Proposed orders and stipulations on e-filed cases should only be uploaded to NYSCEF ** Proposed orders and stipulations on non-e-filed cases may be e-mailed to the appropriate part. ** Do not e-mail the part to inform the Court that you have uploaded an order or stipulation to NYSCEF

Motion papers must be filed through NYSCEF; for actions not participating in NYSCEF, they must be submitted to Motion Support and emailed to the part.

All motion papers must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, to the Motion Support Office, at 360 Adams Street, Room 227 and emailed to KSCCVPART71@nycourts.gov.

Hard copies are required for non-e-filed motions, answering papers, and stipulations.

Hard copies are required to be filed for any non-e-filed motions, answering papers, stipulations, etc.

Applies to

Stipulation to adjourn

Stipulations to adjourn are required to be filed electronically and emailed to the Part Clerk.

All stipulations to adjourn must be e-filed and e-mailed to the Part Clerk (jgoldste@nycourts.gov) at least 48 hours prior to the return date.

Applies to

Compromise application

Every infant or wrongful-death compromise application must be emailed to the principal court attorney after filing.

Upon filing, all applications must be e-mailed to agrossma@nycourts.gov.

Applies to

Motion

Motions generally must be filed through NYSCEF, except for pro se filers or filers granted permission to submit a hard copy.

All motions must be filed via NYSCEF, unless the party is proceeding pro se or receives an allowance to file via hard copy.

Existing cases must be converted to electronic filing as soon as practicable after transfer to the judge.

All existing cases must be converted to e-filing at the earliest opportunity after transfer to the Judge.

Hard-copy submissions must be delivered to the Motion Support Office in Room 227 at 360 Adams Street.

All hard copy submissions must be filed with the Motion Support Office at 360 Adams Street, Room 227.

All court documents, including letters and correspondence, must be filed through NYSCEF or the Clerk’s Office.

All documents, including letters and other correspondence to the Court, must be filed via NYSCEF or the Clerk’s Office.

Applies to

Subpoena

Subpoenas may not be filed or submitted electronically.

Subpoenas will not be accepted electronically.

Applies to

All documents and correspondence

All litigants must electronically upload or file every document and item of correspondence through NYSCEF.

All litigants must upload/e-file all documents/correspondence into the New York State Courts Electronic Filing system (NYSCEF).

Applies to

Transcript

Every required transcript must be uploaded to NYSCEF before the motion will be marked submitted or receive a written decision.

All transcripts must be upload into NYSCEF. The motion will not be marked submitted, and the court will not issue a written decision, until the requisite transcript is e-filed.

Applies to

Post trial submissions

Within twenty days after a bench trial, or as the court directs, the parties must exchange and e-file post-trial memoranda, proposed findings, and the trial exhibit chart.

Bench Trials: Within 20 days of the conclusion of trial, or as directed by the court, the parties shall exchange and e-file all post-trial memoranda, mandatory statements of proposed findings of facts, and the Trial Exhibit Chart.

Applies to

Trial transcript

Trial transcripts must be e-filed through the VER in OCR-searchable format when the trial concludes.

Trial Transcripts: Shall be efiled in the VER in OCR-searchable format at the conclusion of trial.

Applies to

Stipulation to adjourn

After an adjournment is approved, a stipulation to adjourn must be filed on NYSCEF.

Upon approval, a stipulation to adjourn MUST be filed on NYSCEF.

Applies to

Letter

If the parties resolve a motion before its return date, the movant must upload a withdrawal letter to NYSCEF and copy chambers.

If a motion is resolved by the parties prior to the return date, the movant must upload a letter to NYSCEF, copying chambers, indicating that the motion is withdrawn.

Applies to

Stipulation of discontinuance

When an action or proceeding is settled or resolved, the parties must immediately upload a stipulation of discontinuance to NYSCEF and copy chambers.

If an action or proceeding is settled/resolved, the parties must notify the Court immediately by uploading a stipulation of discontinuance to NYSCEF and copying chambers.

Cases must use e-filing through NYSCEF, but a non-consenting pro se party may file in Motion Support and must email courtesy copies to chambers with all parties copied.

All cases shall be converted to e-filing. Papers shall be filed through NYSCEF, except where a pro se party has not consented. In such cases, the non-consenting party must file papers in Motion Support and email copies to chambers, copied to all parties.

Applies to

Motion in limine

Counsel must submit and file on NYSCEF any motions in limine 30 days before trial and email them to both law clerks.

At the Pre-Trial Conference, counsel must submit any motions in limine 30 days before the commencement of a trial to the law clerks: ngrieco@nycourts.gov and anadler@nycourts.gov and filed on NYSCEF.

Applies to

Compromise petition

A compromise petition in an action not participating in NYSCEF must be filed at the Motion Support Office in Room 227.

Where the action does not participate in NYSCEF, petitions shall be filed in the Motion Support Office, at 360 Adams Street, Room 227.

Applies to

Compromise petition

Death and infant compromise petitions must be filed on NYSCEF and copied to chambers rather than submitted by order to show cause or notice of motion.

THE COURT WILL NOT ACCEPT PROPOSED DEATH COMPROMISE ORDERS OR PROPOSED INFANT COMPROMISE ORDERS BY ORDER TO SHOW CAUSE OR NOTICE OF MOTION. THESE PETITIONS MUST BE FILED ON NYSCEF AND A COPY EMAILED TO CHAMBERS.

Applies to

Notice of withdrawal

A party withdrawing a motion must electronically file a notice of withdrawal in NYSCEF and email a courtesy copy to the court at least two business days before the motion calendar date.

Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court to Ksccvfrp2@nycourts.gov at least two (2) business days before the motion calendar date.

Applies to

Stipulation of settlement or discontinuance

For a resolved motion or settled case, the parties must electronically file or submit a fully executed settlement or discontinuance stipulation to the County Clerk and email a copy to the Part at least two days before any pending motion's return date.

If the parties have resolved a motion or a case has been settled, the parties must either e-file or submit to the County Clerk a fully executed stipulation of settlement or a stipulation of discontinuance and email a copy to the Part at least two (2) days prior to the return date (if a motion is pending).

Applies to

Infant compromise petition

An infant-compromise petition must be filed electronically or, when the action is not e-filed, submitted through Motion Support.

Petitions for infant compromise orders must be filed electronically or through Motion support if the action is not e-filed.

Applies to

Subpoena

Subpoenas may not be filed or submitted electronically.

Subpoenas will not be accepted electronically.

Cases must be converted to e-filing, and motions will be adjourned when a case is not e-filed.

All cases shall be converted to E-File. Motions will be adjourned if a case is not e-filed.

Applies to

Stipulation

A fully signed stipulation must be e-filed; emailed stipulations are not accepted unless specifically requested by the court, and courtesy copies are unnecessary.

Once the stipulation is signed by all parties, e-file it. E-mails of stipulations will not be accepted (unless specifically requested by the court). Courtesy copies of e-filed stipulations are unnecessary.

All cases must be converted to electronic filing, and motions may be adjourned when the case has not been converted to e-filing.

All cases shall be converted to e-filing. Motions will be adjourned if a case is not e-filed.

Applies to

Proposed order

To resolve a motion, the parties must electronically file a consent proposed order using the appropriate court form at least three business days before the scheduled appearance.

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

Applies to

Settlement notice

Immediately after settling a motion or action, the parties must upload a settlement stipulation, discontinuance, or the movant's withdrawal letter through NYSCEF.

If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn on NYSCEF.

Applies to

Discontinuance

A discontinuance must continue to be filed electronically with the appropriate filing fee.

Parties must continue to electronically file discontinuances, with the appropriate fee.

Applies to

Subpoena

Subpoenas may not be filed or submitted electronically.

Subpoenas are not accepted electronically.

Applies to

Infant compromise petition

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

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

Applies to

Supplemental submission

Supplemental submissions in an infant compromise matter must be uploaded through NYSCEF.

Any supplemental submissions must be uploaded through NYSCEF as well.

Applies to

Article 81 petition

The appointed attorney or court evaluator must convert the Article 81 matter to NYSCEF within 30 days of appointment using an acceptable method.

Once an attorney to the alleged incapacitated person or court evaluator is appointed, they are required to convert the matter to NYSCEF within 30 days of their appointment. You may use any acceptable method for doing so.

Applies to

Motion papers

Motion papers must be filed through NYSCEF, or with the Motion Support Office when the action does not participate in NYSCEF.

All motion papers must be filed electronically through New York State Court Electronic Filing System (NYSCEF) or, where the action does not participate in NYSCEF, filed with the Motion Support Office located at 360 Adams Street, Room 227.

Applies to

Motion

Motions in cases not participating in NYSCEF must be filed with the Motion Support Office at 360 Adams Street, Room 227.

In the rare instance where a case does not participate in NYSCEF, motions must be filed with the Motion Support Office at 360 Adams Street, Room 227.

Applies to

Subpoena

Subpoenas cannot be filed electronically.

Subpoenas will not be accepted electronically.

Applies to

Infant compromise petition

Infant compromise petitions and supplemental submissions must be filed through NYSCEF, with submissions separated by exhibit tabs.

Petitions for infant compromise orders must be filed through NYSCEF. All submissions must be separated by exhibit tabs. Any supplemental submissions must be uploaded through NYSCEF as well.

Applies to

Death notice

After a party dies, a notice letter and a copy of the death certificate must be uploaded to NYSCEF.

Upon the death of a party to the action, please upload a letter advising the same with a copy of the death certificate to NYSCEF.

Applies to

Bankruptcy stay request

When a party files for bankruptcy, proof of the filing and a letter requesting an appropriate stay must be uploaded to NYSCEF.

Upon a party’s filing for bankruptcy, please upload proof of such filing along with a letter indicating such and that the case should be appropriately stayed to NYSCEF.

Required

Always

Applies to

Motion

Motion papers must be filed electronically through NYSCEF, while non-e-filed actions may use the Motion Support Office.

All motion papers must be filed electronically through NYSCEF. If the action is not an e-file case, motion papers may be filed with the Motion Support Office (360 Adams Street, Room 227).

Applies to

Stipulation

Qualifying stipulations must be filed through NYSCEF, with a courtesy copy emailed to the Part 83 address.

Stipulations that fit within the above three categories must be filed through NYSCEF and a courtesy copy emailed to KSCCVPart83@nycourts.gov.

Applies to

Infant compromise application

Infant compromise applications must be filed through NYSCEF, or by mail to the Motion Support Office when the action does not participate in NYSCEF.

Applications for infant compromise orders must be filed electronically through NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office.

Applies to

Waiver

Any defense-counsel waiver of notice and appearance in an infant compromise matter must be written and electronically filed.

All such waivers must be in writing and e-filed.

Applies to

Subpoena

Subpoenas seeking a so-ordered designation must be filed through NYSCEF and picked up outside courtroom 738.

Subpoenas shall be filed on NYSCEF to be so ordered and shall be picked up outside of courtroom 738.

Applies to

Motion

Motion papers must be filed through NYSCEF, or by mail or through the Motion Support Office when the action does not participate in NYSCEF, and not sent to chambers.

Filing of Papers: All motion papers must be filed electronically through New York State Court Electronic Filing system (NYSCEF) or where the action does not participate in NYSCEF, by mailing or filing with the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers.

Applies to

Guardianship motion

Guardianship motions must be filed through NYSCEF or with the Guardianship Clerk at least seven days before the return date.

All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.

Applies to

Affidavit of service for order to show cause

Affidavits of service for Orders to Show Cause in guardianship matters must be filed through NYSCEF or with the Guardianship Clerk at least two days before the return date.

In addition, Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least two (2) days prior to the return date.

Applies to

Subpoena

Subpoenas will not be accepted through electronic submission.

NO subpoenas will be accepted electronically.

Applies to

Proposed order

Each proposed order must be uploaded to NYSCEF and a physical copy must be provided to the Court on the calendar date.

All proposed orders shall be uploaded to NYSCEF IN ADDITION TO A PHYSICAL COPY PROVIDED TO THE COURT ON THE CALENDAR DATE

Applies to

Stipulation

A resolved matter requires filing a fully executed stipulation of settlement or discontinuance on NYSCEF.

If a matter is resolved, the parties must file a fully executed stipulation of settlement or a stipulation of discontinuance on NYSCEF

Litigation may not be conducted by email without express permission from the court.

Litigation by email is strictly prohibited absent express court permission.

Applies to

Ebt transcript

A complete EBT transcript must be electronically filed with motion papers, and any citation to it must identify the exact page and line numbers relied upon.

A complete EBT (examination before trial/deposition) transcript must be e-filed with motion papers and any reference thereto must cite to the exact page and line numbers relied upon.

Applies to

Stipulation or letter

To withdraw a fully submitted pending motion, the movant must electronically file a withdrawal stipulation or letter and immediately notify the court by email.

To withdraw a fully submitted motion that is pending in Part CVAP3, the movant shall e-file a stipulation or letter withdrawing the motion and immediately advise the court via email.

The advance oral-argument stipulation must be emailed to Part 6 and uploaded to NYSCEF.

MUST BE RECEIVED BY THE COURT TO THE PART 6 EMAIL and uploaded to NYSCEF

Motion papers must be filed through NYSCEF; for nonparticipating actions, they must be submitted to the Motion Support Office and emailed to Part 6.

All motion papers must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, to the Motion Support Office, at 360 Adams Street, Room 227 and emailed to KSCCVPART6@nycourts.gov.

Papers in a consented-adjournment submission must be filed through NYSCEF and electronically served; nonparticipating actions must use the Motion Support Office and email Part 6.

All papers shall be filed through NYSCEF and served electronically. Where the action does not participate in NYSCEF, all motion papers are to be filed with the Motion Support Office at 360 Adams Street, Room 227 and emailed to KSCCVPART6@nycourts.gov.

An IAS Part 6 adjournment stipulation must be uploaded to NYSCEF and emailed to Part 6; nonparticipating actions must submit it to the Motion Support Office and email it.

Stipulations for an adjournment of an IAS Part 6 motion shall be uploaded to NYSCEF and emailed to KSCCVPART6@nycourts.gov. Where the action does not participate in NYSCEF, stipulations are to be filed with the Motion Support Office at 360 Adams Street, Room 227 & emailed to KSCCVPART6@nycourts.gov.

An infant compromise application must be filed through NYSCEF or, if the action does not participate, mailed to the Motion Support Office.

Applications for infant compromise orders must be filed electronically through NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office.

If an ADR matter is settled, discontinued, or the conference is no longer feasible, the parties must immediately notify the court by uploading correspondence or a stipulation to NYSCEF.

If a matter has been settled, discontinued, or if a conference is no longer feasible, the parties shall notify the court immediately by uploading a letter correspondence or stipulation to NYSCEF.

Applies to

Letter

A movant must immediately notify the court through a letter filed on NYSCEF before the motion's return date if the matter is settled, discontinued, or otherwise disposed of.

If a matter is settled, discontinued, or otherwise disposed of, the movant shall immediately notify the court by filing a letter on NYSCEF prior to the return date of the motion.

Applies to

Stipulation

In non-NYSCEF cases, a fully executed stipulation must be emailed to ksccvpart92@nycourts.gov.

For non-NYSCEF cases, the fully executed stipulation must be emailed to ksccvpart92@nycourts.gov.

Guardianship motions must be filed through NYSCEF in e-filed cases or with the Guardianship Clerk’s office at least seven days before the return date.

All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.

All cases must be converted to e-filing; motions will be adjourned if a case is not e-filed.

All cases shall be converted to e-filing. Motions will be adjourned if a case is not e-filed.

A summary-judgment adjournment stipulation must be e-filed only, must include a briefing schedule, and will not be considered if emailed.

For filed summary judgment motions, a Stipulation of Adjournment shall be e-filed only and must contain a briefing schedule. Emailed stipulations will not be considered.

Stipulations must not be submitted by email, and courtesy copies of e-filed stipulations are unnecessary.

E-mails of stipulations will not be accepted. Courtesy copies of e-filed stipulations are unnecessary.

A party’s death must be reported immediately by uploading a letter and death certificate to NYSCEF.

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

Applies to

Adjournment stipulation

A motion-adjournment stipulation must be e-filed at least three business days before the return date.

Adjournments of motions must be made by written stipulation, on consent of all parties, e-filed no later than three business days prior to the return date of the motion(s).

Applies to

Proposed order

A proposed order must be uploaded to NYSCEF at least three business days before the scheduled appearance.

The proposed order must be uploaded to NYSCEF no later than three (3) business days prior to the scheduled appearance.

Applies to

Motion withdrawal letter

When a motion is resolved before its return date, the movant must upload a withdrawal letter to NYSCEF and copy chambers.

If a motion is resolved by the parties prior to the return date, the movant must upload a letter to NYSCEF, copying chambers, indicating that the motion is withdrawn.

Applies to

Stipulation of discontinuance

Parties must immediately upload a stipulation of discontinuance to NYSCEF and copy chambers when an action or proceeding is resolved.

If an action or proceeding is settled/resolved, the parties must notify the Court immediately by uploading a stipulation of discontinuance to NYSCEF and copying chambers.

Applies to

Infant compromise petition

Infant-compromise petitions and supplements must be e-filed through NYSCEF, with hard copies delivered to chambers immediately afterward.

Petitions for infant compromise orders, as well as any supplemental submissions, must be filed electronically through NYSCEF and hard copies must be submitted to chambers immediately thereafter.

Applies to

Motion papers

Papers submitted electronically or sent to Chambers or the Part after a motion is marked fully submitted will not be considered.

The Court will not consider papers e-filed or sent to chambers or to the Part after a motion has been marked “fully submitted.”

Applies to

Motion

All motions must be filed through NYSCEF and, when initially submitted another way, converted to electronic filing if possible.

All motions must be filed electronically through the New York State Court Electronic Filling system (NYSCEF) and if not E-filed, must be converted to E-filing if possible.

Applies to

Motion

Motions in cases not participating in NYSCEF must be mailed to the Motion Support Office at the stated address.

If the case does not participate in NYSCEF, motions must be mailed to Motion Support Office at 360 Adams Street, Room 227.

Applies to

Subpoenas

Subpoenas may not be filed or submitted electronically.

Subpoenas will not be accepted electronically.

Applies to

Notice of motion

A party withdrawing a motion must file a notice of withdrawal in NYSCEF and email a courtesy copy to the Part.

Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Part.

Applies to

Stipulation

For a resolved motion or settled case, the parties must e-file or submit a fully executed settlement or discontinuance stipulation to the County Clerk and email a copy to the Part.

If the parties have resolved a motion or a case has been settled, the parties must either e-file or submit to the County Clerk a fully executed stipulation of settlement or a stipulation of discontinuance and email a copy to the Part.

Applies to

Subpoena

Subpoenas may not be submitted electronically.

Subpoenas will not be accepted electronically.

Motions must be filed through NYSECF, and a courtesy copy is required only if the court requests one.

Motions must be filed through NYSECF, the court does not require a courtesy copy of the motion unless requested.

Papers and exhibits must be filed and are not considered if merely emailed or mailed to chambers; paper-file cases follow whatever filing instructions the court provides.

Papers and exhibits must be filed, any emailed or mailed to the chambers will not be considered, unless the case is a paper file, in that case the court will direct the parties to whom and how to file their papers and exhibits.

Applies to

Subpoena

A subpoena must first be approved by the records room on the sixth floor and may then be e-filed through NYSECF.

Subpoenas shall be approved by the subpoenaed records room located on the 6th floor and only upon such approval be E-Filed via NYSECF.

Applies to

Petition

Infant-compromise and wrongful-death petitions and related supplemental submissions must be e-filed through NYSECF.

Petitions and related supplemental submissions must be E-filed via NYSECF.

Applies to

Compromise order application

Compromise-order applications must be filed through NYSCEF, or by mail to the Motion Support Office when the action does not participate in NYSCEF.

Applications for compromise orders must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, by mail to the Motion Support Office, at 360 Adams Street, Room 227.

All motions must be filed through NYSCEF, with non-electronic motions converted to electronic filing when possible.

All Motions must be filed electronically through the New York State Court Electronic Filling system (NYSCEF) and if not E-filed, must be converted to E-filing if possible.

For a case not participating in NYSCEF, motions must be mailed to the Motion Support Office rather than Chambers.

In the rare instance where the case does not participate in NYSCEF, Motions must be mailed to the Motion Support Office at 360 Adams Street, Room 227, NOT to Chambers.

A court-directed draft proposed order must be emailed to Chambers rather than uploaded through NYSCEF.

If so, please DO NOT uploading said draft proposed Orders via NYSCEF, instead please email draft proposed Orders to Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov.

A subpoena may be electronically filed through NYSCEF only after approval by the records room.

Only upon such approval shall subpoenas be E-filed via NYSCEF.

Infant-compromise or wrongful-death petitions, related supplemental submissions, and the stipulation of discontinuance must be filed electronically through NYSCEF.

Such Petitions and related supplemental submissions must be E-filed via NYSCEF, together with a Stipulation of Discontinuance.

Fully executed stipulations and proposed orders must be filed through NYSCEF, while stipulations or letters in non-NYSCEF cases must be emailed to the part clerk.

Fully executed stipulations and proposed orders must be filed through NYSCEF. In the event that your action does not participate in NYSCEF, copies of stipulations or letters shall be emailed to the part at KSCCVPart73@nycourts.gov.

A motion resolved by stipulation requires electronic filing of the stipulation or consent order with a proposed order at least three business days before the scheduled appearance.

Resolution of a motion - The parties may resolve motions by stipulation and e-file the stipulation or consent order along with a proposed order no later than three (3) business days prior to the scheduled appearance.

Infant compromise petitions and all related supplemental submissions must be filed through NYSCEF.

Petitions for infant compromise orders as well as any supplemental submissions must be filed through NYSCEF.

Applies to

Affidavit of service

Affidavits of service for guardianship Orders to Show Cause must be filed through NYSCEF or the Guardianship Clerk’s Office at least two business days before the return date.

Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or in the Guardianship Clerk’s Office (Room 285) at least two (2) business days prior to the return date.

Applies to

Motion

Guardianship motions must be filed through NYSCEF in e-filed cases or with the Guardianship Clerk’s Office at least seven days before the return date.

All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.

Applies to

Affidavit of service

Affidavits of service for guardianship Orders to Show Cause must be filed through NYSCEF or the Guardianship Clerk’s Office at least two days before the return date.

Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least two (2) days prior to the return date.

Applies to

Documents containing Confidential Information

Filings containing confidential information must be submitted electronically on NYSCEF in redacted form until the court rules on a motion to seal.

A Party or, as appropriate, non-party, who seeks to file with the Court (i) any deposition transcripts, exhibits, answers to interrogatories, or other documents which have previously been designated as comprising or containing Confidential Information, or (ii) any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information shall file the document, pleading, brief, or memorandum on the NYSCEF system in redacted form until the Court renders a decision on any motion to seal (the “Redacted Filing”).

Applies to

Commercial division case

All Commercial Division cases must be filed electronically through NYSCEF.

E-Filings. All cases in the Commercial Division must be electronically filed through the New York State Courts E-Filing (NYSCEF) system.

Applies to

Letter

Letters to the court must be e-filed through NYSCEF, with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Applies to

Stipulation

The signed adjournment stipulation must be e-filed through NYSCEF, and a copy must be e-mailed to Chambers.

Please e-file the signed stipulation on NYSCEF and e-mail a copy to Chambers.

Applies to

Notice of withdrawal

A motion-withdrawal notice must be e-filed through NYSCEF, with a courtesy copy e-mailed to Chambers, at least two days before the motion-calendar date.

Any party wishing to withdraw a motion must notify the Court by e-filing a notice of withdrawal in NYSCEF and e-mailing a courtesy copy to Chambers at least (2) days prior to motion calendar date.

Applies to

Stipulation

A stipulation resolving a motion must be e-filed through NYSCEF and a copy sent to Mr. Legere at least two days before the motion-calendar date.

If the parties have resolved a motion pursuant to a stipulation, the stipulation must be e-filed in NYSCEF and a copy must be sent to Mr. Legere, Esq. at least (2) days prior to the motion calendar date.

Applies to

Subpoena

Subpoenas seeking a court so-order must be deposited outside courtroom 574 and should not be e-filed through NYSCEF.

All subpoenas requested to be “so-ordered” by the court must be deposited in the basket outside courtroom 574. Subpoenas should not be e-filed to NYSCEF.

Settlements, adjournments, and withdrawals must be e-filed when the case is e-filed and may instead be emailed to the part email when it is not.

Settlements, adjournments or withdrawals, shall be filed appropriately, E-FILED and if your case is not e-file they can be emailed to the part email KSCCVPART66@nycourts.gov.

Applies to

Stipulation

All stipulations, including adjournment stipulations, must be submitted through NYSCEF and not by email.

DO NOT email the stipulation. ALL Stipulations should be submitted ONLY via NYSCEF.

Applies to

Settlement withdrawal or discontinuance notice

Parties must immediately notify the court through an uploaded settlement stipulation, discontinuance stipulation, or, for non-e-filed matters, a movant’s withdrawal letter, and must not email the stipulation.

If a motion has been withdrawn or a case has been settled, the parties MUST notify the court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn (non-e-filed matters). DO NOT email the stipulation.

Applies to

Adjournment stipulation

ADR adjournment stipulations must be uploaded to NYSCEF.

Any stipulations to adjourn should be uploaded to NYSCEF and emailed to the part clerk by 11:00 am the Friday prior to the scheduled appearance.

Applies to

Settlement or discontinuance notice

If an ADR matter is settled, discontinued, or no longer needs a conference, the parties must immediately upload notice or a stipulation to NYSCEF.

If a matter has been settled, discontinued or if a conference is no longer feasible the parties shall notify the court immediately by uploading a letter correspondence or stipulation to NYSCEF.

Applies to

Motion papers

Motion papers must be filed electronically through NYSCEF, or by mail to the Motion Support Office when the action does not participate in NYSCEF; papers must not be sent to Chambers.

Filing of Papers: All motion papers must be filed electronically through New York State Court Electronic Filling system (hereinafter “NYSCEF”), or where the action does not participate in NYSCEF, by mail to the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers.

Applies to

Notice of withdrawal

A notice withdrawing a motion must be filed in NYSCEF and emailed as a courtesy copy to both law clerks, not the Part Clerk, at least three business days before the motion calendar date.

Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court via email to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least three (3) business day before the motion calendar date.

Applies to

Stipulation

A stipulation resolving a motion must be filed in NYSCEF and emailed to both law clerks, not the Part Clerk, at least two days before the motion’s return 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 copy must be sent to the Court via email to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least two (2) days prior to the return date of the motion.

Applies to

Affidavit of service

Affidavits of service for guardianship Orders to Show Cause must be filed through NYSCEF in e-filed cases or with the Guardianship Clerk’s Office at least two business days before the return date.

Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or in the Guardianship Clerk’s Office (Room 285) at least two (2) business days prior to the return date.

Applies to

Responsive papers

Court Evaluator Reports and responsive papers must be filed with the Clerk’s Office and emailed to both law clerks, not the Part Clerk, at least two business days before the return date.

Court Evaluator Reports and responsive papers shall be filed with the Clerk’s office and emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least two (2) business days prior to the return date.

Applies to

Guardianship motion

All guardianship motions must be filed through NYSCEF in e-filed cases or with the Guardianship Clerk’s Office at least seven days before the return date.

All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.

Applies to

Motion

DJMP motion papers must be filed through NYSCEF; for non-NYSCEF cases, papers must be delivered to the Motion Support Office and copied to DJMP by email or hand delivery at least seven days before the hearing.

Motion papers must be filed electronically through NYSCEF. If the action does not participate in NYSCEF, motions papers are to be filed at the Motion Support Office, at 360 Adams Street, Room 227, with a copy emailed to KSCCVDJMP@nycourts.gov or hand delivered to the Courtroom, no later than 7 days before the scheduled hearing date.

Applies to

Motion

Part 17 motion papers must be filed through NYSCEF; non-NYSCEF actions must file at the Motion Support Office and provide a copy to Part 17 by email or hand delivery at least 10 business days before argument.

All motion papers must be filed electronically through NYSCEF. If the action does not participate in NYSCEF, motions papers are to be filed at the Motion Support Office, at 360 Adams Street, Room 227 and a copy emailed to KSCCVPART17@nycourts.gov or hand delivered to the Courtroom no later than 10 business days before the scheduled argument date.

Papers that the court orders must be emailed to Part 17, and NYSCEF filing alone is insufficient.

Any papers that the Court must so order must be emailed to KSCCVPART17@nycourts.gov. Filing on NYSCEF alone will not suffice.

Applies to

Subpoena

Subpoenas cannot be submitted electronically and must be approved and stamped by the sixth-floor subpoenaed-records room, placed in the courtroom-424 box, and logged in the sign-in sheet.

Subpoenas will not be accepted electronically. All subpoenas must first be approved and stamped by the subpoenaed records room located on the 6th floor at 360 Adams Street, after which the approved subpoena may be left in the box outside courtroom 424 at 360 Adams Street, and the subpoena information must be logged into the sign-in sheet.

Applies to

Motion

Motions in limine will not be considered unless filed through NYSCEF.

Motions in limine will not be considered unless filed via NYSCEF.

Applies to

Motion

Infant-compromise applications must be filed through NYSCEF or, for non-NYSCEF cases, mailed to the Motion Support Office.

Applications for infant compromise orders must be filed electronically through NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office.

Motions, stipulations, affirmations, affidavits, and proposed orders must be filed electronically through NYSCEF unless the matter is exempt from electronic filing.

All motions, stipulations, affirmations, affidavits, and proposed orders shall be filed electronically through NYSCEF in accordance with Administrative Order AO/157/20 and its successors, unless the matter is exempt from e-filing.

Applies to

Subpoena

Subpoenas may not be submitted electronically.

Subpoenas will not be accepted electronically.

Applies to

Motion

Motion papers must be filed electronically through NYSCEF, or in person with the Motion Support Office when the action does not participate in NYSCEF.

All motion papers must be filed electronically through NYSCEF, or where the action does not participate in NYSCEF all motion papers are to be filed with the Motion Support Office at 360 Adams Street. Room 227.

Applies to

Subpoena

Subpoenas cannot be filed or accepted electronically.

Subpoenas will not be accepted electronically.

Applies to

Infant compromise petition

Infant compromise order petitions must be filed through NYSCEF with a stipulation of discontinuance.

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

Applies to

Supplemental submission

Supplemental submissions in infant compromise matters must be uploaded through NYSCEF.

Any supplemental submissions must be uploaded through NYSCEF as well.

Applies to

Notice of withdrawal

The notice of withdrawal must be filed electronically through NYSCEF.

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

Stipulation

A copy of a stipulated motion resolution must be filed electronically in NYSCEF.

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.

The compromise order and supporting documents must be uploaded to NYSCEF, and a word-format courtesy copy must be emailed to both law clerks.

Upload the compromise order and all supporting documents to NYSCEF and email a courtesy copy (in word format) to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov.

Applies to

Motion papers

Hard copies are generally unnecessary, but affidavits of service on Orders to Show Cause must be provided in hard copy.

Hard copies are not required, except affidavits of service on Orders to Show Cause.

Applies to

Sensitive document

A sensitive document may be filed with the clerk in a paper case or through NYSCEF in a NYSCEF case, with a request to seal.

If you would like to file a sensitive document with the court, you may do so in a paper case by filing with the clerk’s office, or in a NYSCEF case, via NYSCEF, with a request to seal.

Applies to

Pretrial memorandum or trial memorandum

A motion in limine should be filed on NYSCEF as a Pre-Trial Memorandum or Trial Memorandum and emailed to chambers in PDF format.

Motions in limine should be filed on NYSCEF as “Pre-Trial Memorandum” or “Trial Memorandum” and emailed in PDF format to chambers.

All parties must keep their e-file contact information current.

All parties to the case are required to keep their contact info on e-file current.

Applies to

Proposed order

Proposed orders and requests to so-order should be e-filed through NYSCEF, with a copy e-mailed to Chambers.

Copies of proposed orders and requests to so-order should be e-filed to NYSCEF, and a copy should be e-mailed to Chambers.

Applies to

Exhibits or affidavits

Parties may optionally bring particular exhibits or affidavits to court in hard-copy form.

Parties may choose to bring specific exhibits or affidavits in hard copy for the Court.

Applies to

Motion

Electronic filing of motions with proposed orders is permitted for each party.

All motions may be e-filed with proposed orders by each party.

Applies to

Stipulation

A fully signed so-ordered stipulation uploaded to NYSCEF and emailed to Part 92 may eliminate the in-person appearance requirement when all parties agree on a motion disposition.

If counsel or parties are in agreement for the disposition of a motion(s), a so-ordered stipulation signed by all parties, uploaded to NYSCEF and emailed to Part 92's email will negate the requirement to appear in person.

Parties are strongly encouraged to convert their matter to electronic filing.

You are strongly encouraged to convert your matter to electronic filing.