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 Donald X. Clavin Jr.

- **Position:** Jr. (AJSC)

- **Part:** Part 50 - **Phone:** 516-213-0403 - **Fax:** 516-493-3842 - **Email:** JudgeClavinRemote@nycourts.gov - **Law Clerk:** Matthew Connolly - **Secretary:** Lisa Garry

Common questions about Judge Donald X. Clavin Jr.'s rules

Does Judge Donald X. Clavin Jr. require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for discovery. Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute, contact the court by letter describing the dispute and resolution efforts, obtain leave to file, and state that the procedure was followed; noncompliance may result in denial.

View ruleSource: page 3, section III. Court Conferences

What page or word limits apply to affidavit or affirmation before Judge Donald X. Clavin Jr.?

Judge Donald X. Clavin Jr.'s rule states these limits: 20 pages. Affirmations and affidavits generally may not exceed 20 pages, absent a showing of good cause.

View ruleSource: page 5, section IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules

What formatting rules apply to filings before Judge Donald X. Clavin Jr.?

Judge Donald X. Clavin Jr.'s formatting rule includes 12 point type, double spacing, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, binding securely bound, typewritten, entirely legible, and writing on one side only. Motion papers and Orders to Show Cause must be typewritten, use one-inch margins and 12-point type, be double spaced, securely bound, legible, and written on one side only.

View ruleSource: page 5, section IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules

What must be included with motion filings before Judge Donald X. Clavin Jr.?

The rule identifies required filing content or certificates. Counsel must promptly notify the Court in writing when a motion or part of it has been resolved, withdrawn, or rendered moot.

View ruleSource: page 6, section IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules

What must be included with emergency order to show cause filings before Judge Donald X. Clavin Jr.?

The rule identifies required filing content or certificates. An emergency Order to Show Cause requires a special affidavit based on personal knowledge and an affirmation explaining the emergency in detail.

View ruleSource: page 6, section IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules

How may parties contact Judge Donald X. Clavin Jr.'s chambers?

All correspondence to the court must be copied to all adversary counsel and self-represented litigants.

View ruleSource: page 1, section I. Communications With the Court

How does Judge Donald X. Clavin Jr. handle sealed or redacted filings?

Judge Donald X. Clavin Jr.'s rules set procedures for sealed or redacted filings. A case or portion of a case may not be sealed unless good cause is adequately shown.

View ruleSource: page 2, section II. E-Filing Rules

How do I request an adjournment or extension before Judge Donald X. Clavin Jr.?

Advance notice is not fully stated in the structured details. Adjournment requests left on chambers voicemail are disregarded and must comply with the applicable rules.

View ruleSource: page 1, section I. Communications With the Court

Is electronic filing required before Judge Donald X. Clavin Jr.?

Yes. Electronic filing is required for the covered filings. Documents in mandatory e-filed cases must be filed electronically through NYSCEF, subject to the stated opt-out and consent-withholding exceptions.

View ruleSource: page 2, section II. E-Filing Rules

What filing deadlines does Judge Donald X. Clavin Jr. set?

A motion for summary judgment must be filed no later than 90 days after the note of issue is filed.

View ruleSource: page 8, section F. Summary Judgment

What rule applies to service for motion before Judge Donald X. Clavin Jr.?

Proof of service is required for the covered service rule. Details: timing: before filing. The motion’s affidavit of service must be separately uploaded to NYSCEF before the motion is submitted.

View ruleSource: page 6, section IV. Motions/Orders to Show Cause/Temporary Restraining Orders — A. General Rules
Complete rules summary for Judge Donald X. Clavin Jr.

The jury-charge list must be submitted by email in Microsoft Word format no later than the Pre-Trial Conference.

The motion’s affidavit of service must be separately uploaded to NYSCEF before the motion is submitted.

Counsel must promptly notify the Court in writing when a motion or part of it has been resolved, withdrawn, or rendered moot.

All correspondence to the court must be copied to all adversary counsel and self-represented litigants.

Correspondence to the part should be filed through NYSCEF and copied by email.

Telephone calls to court staff are permitted only for urgent situations requiring immediate attention.

Adjournment requests left on chambers voicemail are disregarded and must comply with the applicable rules.

Documents in mandatory e-filed cases must be filed electronically through NYSCEF, subject to the stated opt-out and consent-withholding exceptions.

A case or portion of a case may not be sealed unless good cause is adequately shown.

A conference-adjournment request must be submitted in writing through NYSCEF and copied to the judge’s chambers email at least 24 hours before the conference, state the reason and opposing-party position, specify the duration or mutually available date, and be copied to all counsel and pro se litigants.

Requests to adjourn a Preliminary Conference must be directed to the Preliminary Conference Part by phone or to the DCM clerk’s office.

Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute, contact the court by letter describing the dispute and resolution efforts, obtain leave to file, and state that the procedure was followed; noncompliance may result in denial.

An adjournment request must state the length of the adjournment sought, the number of prior requests, and the dates previously set.

Motion papers and Orders to Show Cause must be typewritten, use one-inch margins and 12-point type, be double spaced, securely bound, legible, and written on one side only.

Affirmations and affidavits generally may not exceed 20 pages, absent a showing of good cause.

Exhibits must be clear, legible, externally tabbed, designated by number for plaintiffs, and designated by letter for defendants.

Exhibits longer than 20 pages may be filed electronically, with a placeholder page in the Court’s working copy stating “Exhibit ___ electronically filed.”

For voluminous exhibits exceeding 20 pages, the Court’s working copy must include a placeholder page stating “Exhibit ___ electronically filed.”

References to exhibits longer than 10 pages must identify the cited page number, and unnumbered exhibits must be bates-stamped.

Absent extremely unusual circumstances causing significant prejudice, opposing counsel or parties must receive at least 24 hours’ notice of a TRO or other emergency relief application and be advised of the right to be heard; the court may waive the notice requirement in a true emergency.

An emergency Order to Show Cause requires a special affidavit based on personal knowledge and an affirmation explaining the emergency in detail.

A request for oral argument concerning a TRO or other emergency relief must be made immediately upon receiving the required notice by NYSCEF letter and email to the judge, with notice to all counsel and pro se litigants.

A motion-adjournment request must be written, uploaded to NYSCEF for Chambers before the return date, and copied to all counsel and pro se litigants.

Only the Court may grant a motion adjournment; counsel cannot grant one by stipulation.

Every motion-adjournment application must state the current return date, the reason an adjournment is necessary, and information concerning the opposing parties.

The adjournment letter request and response may address only the reason consent is being declined and may not advocate a position on the substantive dispute.

Counsel need not appear on a motion's submission date unless the Court directs them to appear.

Motions must be served and filed in conformity with CPLR §2214.

A movant seeking entry of a default judgment must submit the Part's annexed default-judgment checklist on the submission date.

Applications for court approval of an infant's compromise must be submitted through the Infant's Compromise Clerk.

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