Court Rules

Court-wide rules

Applies court-wide

These 25 rules apply across New York Supreme Court, Nassau County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

E-Filing

All 25
  • Applies to
    Summons

    A summons must be filed electronically.

  • Applies to
    Complaint

    A complaint must be filed electronically.

  • Applies to
    Rji and addendum

    The RJI for an uncontested matrimonial action and its addendum must be filed electronically.

About Judge David J. Gugerty

- **Assignment:** Matrimonial Center - **Part:** Part 16 - **Phone:** 516-493-3192 - **Courtroom Phone:** 516-493-3195 - **Fax:** 516-493-3078 - **Email:** judgegugertyremote@nycourts.gov - **Law Clerk:** Andrew Piddoubny - **Assistant Law Clerk:** Ethan Namigohar - **Assistant Law Clerk:** Zainab Karim - **Courtroom Clerk:** Jamie Corsitto

Common questions about Judge David J. Gugerty's rules

Are courtesy copies required for Judge David J. Gugerty?

Courtesy-copy rule applies for exhibits. A courtesy copy of each exhibit intended for introduction at a trial or hearing must be provided to the Court and each counsel.

View ruleSource: page 2, section VII. Guardianship Hearing/Civil Trial Rules, 4. Exhibits

Does Judge David J. Gugerty require a pre-motion conference or letter before filing a motion?

Judge David J. Gugerty's rules set a pre-motion procedure for discovery. Before filing a discovery-related motion, a party must email the judge a completed conference request form summarizing the issues and attaching a good-faith affirmation detailing prior discovery efforts; conclusory or pro forma submissions do not suffice, and a motion without the conference request will not be scheduled.

View ruleSource: page 4, section PRELIMINARY CONFERENCE

What must be included with motion filings before Judge David J. Gugerty?

The rule identifies required filing content or certificates. All motions other than annual and final accounts must be filed through an order to show cause.

View ruleSource: page 1, section II. Orders to Show Cause - Motions - Adjournments

What must be included with motion in limine filings before Judge David J. Gugerty?

The rule requires legal argument. Each motion in limine requires a separate brief written affirmation describing the application and supporting law, with an original and copy for the Court and copies for all counsel.

View ruleSource: page 2, section VII. Guardianship Hearing/Civil Trial Rules, 2. In Limine applications

How may parties contact Judge David J. Gugerty's chambers?

The rule addresses email communications with Judge David J. Gugerty's chambers. The rule lists email judgegugertyremote@nycourts.gov. The Court Evaluator must email the report to chambers at least 48 hours before an initial hearing, must not e-file or share it before submission and judicial approval, and may provide it afterward to qualifying counsel and interested persons.

View ruleSource: page 2, section III. Court Evaluator Reports

How does Judge David J. Gugerty handle sealed or redacted filings?

Judge David J. Gugerty's rules set procedures for sealed or redacted filings. Counsel must redact all evidence.

View ruleSource: page 3

How do I request an adjournment or extension before Judge David J. Gugerty?

Advance notice is not fully stated in the structured details. Trials proceed daily until conclusion, and trial adjournments or delays are barred except in exigent circumstances.

View ruleSource: page 3

Does Judge David J. Gugerty require motion papers to be bundled?

Yes. Judge David J. Gugerty requires bundling for covered papers. All exhibits must be tabbed or placed in a binder for easy reference.

View ruleSource: page 2, section VII. Guardianship Hearing/Civil Trial Rules, 4. Exhibits

Is electronic filing required before Judge David J. Gugerty?

Yes. Electronic filing is required for the covered filings. Motions, orders, and judgments must be filed with the Clerk’s Office through NYSCEF rather than sent directly to chambers unless the Court directs otherwise.

View ruleSource: page 1, section II. Orders to Show Cause - Motions - Adjournments

What filing deadlines does Judge David J. Gugerty set?

Motions must be returnable on Thursday, and noncompliant motions may be rejected from the calendar or otherwise sanctioned.

View ruleSource: page 4, section PRELIMINARY CONFERENCE

What rule applies to service by mail before Judge David J. Gugerty?

Proof of service is required for the covered service rule. Details: method: service by mail. The movant must mail notice to all self-represented parties before the scheduled Microsoft Teams meeting and provide proof of that notice.

View ruleSource: page 5, section I. Communication with Chambers
Complete rules summary for Judge David J. Gugerty

Special trial needs must be reported to the Court Clerk in advance.

Correspondence and emails to chambers must identify the action and index number and be copied to all adversaries.

Emails must be sent to the listed chambers email address unless chambers directs otherwise.

Attorney-party correspondence must not be copied to the Court unless chambers directs that it be copied.

Ex parte telephone communications with chambers about substantive issues are prohibited.

An adjournment request must be based on a valid reason, be on consent, and be emailed with three or four proposed dates acceptable to all parties.

After receiving an order to show cause or motion, counsel must email the appearing attorney and testifying witnesses or parties, including contact information, to the Court and Court Clerk.

All motions other than annual and final accounts must be filed through an order to show cause.

Motions, orders, and judgments must be filed with the Clerk’s Office through NYSCEF rather than sent directly to chambers unless the Court directs otherwise.

The Court Evaluator must email the report to chambers at least 48 hours before an initial hearing, must not e-file or share it before submission and judicial approval, and may provide it afterward to qualifying counsel and interested persons.

A remote-appearance request may be submitted by email when a party’s health requires it or in-person attendance is impractical because of distance, and in-person appearances remain strongly preferred.

Petitioner’s counsel must notify chambers by email as soon as possible after a settlement.

Each motion in limine requires a separate brief written affirmation describing the application and supporting law, with an original and copy for the Court and copies for all counsel.

Pre-trial memoranda containing cited case law for the Court must be emailed at least 48 hours before the hearing or trial.

A courtesy copy of each exhibit intended for introduction at a trial or hearing must be provided to the Court and each counsel.

All exhibits must be tabbed or placed in a binder for easy reference.

All trial or hearing exhibits must be pre-marked by the court reporter, whether stipulated for admission or not, and should be Bates stamped where possible.

Counsel should provide a proposed-witness list with addresses and phone numbers, along with counsel’s cell numbers, two days before the hearing and email the information to the judge and Sr. Court Clerk.

A list of expert witnesses and copies of their reports is required.

Parties are encouraged to provide stipulated facts and to stipulate to facts and exhibits.

Objections should identify only their grounds, while further argument will be permitted only when invited by the Court.

Counsel must redact all evidence.

Trials proceed daily until conclusion, and trial adjournments or delays are barred except in exigent circumstances.

For urgent matters requiring immediate attention, parties should email chambers a completed conference request form from the Supreme Court website.

An urgent conference request should be submitted as a completed conference request form by email to chambers.

Preliminary conferences cannot be adjourned.

Discovery, Certification, and Note of Issue deadlines will be enforced and may be extended only with Court approval.

Motions must be returnable on Thursday, and noncompliant motions may be rejected from the calendar or otherwise sanctioned.

Before filing a discovery-related motion, a party must email the judge a completed conference request form summarizing the issues and attaching a good-faith affirmation detailing prior discovery efforts; conclusory or pro forma submissions do not suffice, and a motion without the conference request will not be scheduled.

Summary judgment motions generally must be filed within 60 days after the Note of Issue is filed, unless the court grants leave for good cause shown.

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