New York Supreme Court, Nassau County Filing Rules

Memoranda addressing anticipated procedural, evidentiary, or other legal issues must be provided by the Pretrial Conference.

The deposition-testimony submission rule does not apply to testimony or video used solely for impeachment or credibility.

Each branch of relief in a notice of motion or order to show cause must be numbered or lettered to match the supporting affirmation or affidavit paragraphs addressing that relief.

If the infant is at least 14 years old, an affidavit of the infant's consent is required.

A compromise application must comply with specified statutes and include a proposed distribution consistent with CPLR 1206.

The petitioner's attorney must email the Part the email addresses of all parties requiring notice at least seven days before the hearing.

Telephone calls to chambers are permitted when immediate attention is required.

Telephone calls to Court staff are permitted only for urgent situations requiring immediate attention that cannot be addressed through correspondence, and counsel should read the Rules & Procedures before calling Chambers.

Chambers may be called by telephone only for emergencies requiring immediate attention, and not for status or receipt confirmations.

All communications and correspondence to this Court shall be by email first, by way of letter, limited to three pages, uploaded to NYSCEF and emailed to JudgeRizzoRemote@nycourts.gov, copied to all counsel and/or self-represented parties, and shall be emailed no later than 3:00 PM the day preceding the scheduled motion, conference, deposition or hearing, if applicable.

A nonconsented conference adjournment application must be made by telephone conference with all parties or counsel by 3:00 p.m. at least two business days before the conference, and will not be considered without their participation.

The Court is inclined to grant a party a brief, one-time adjournment over objection on a first request supported by good cause.

Chambers may grant a motion adjournment request when all parties consent.

Consent applications to adjourn a conference or motion must be received by Chambers by facsimile or email at 2:00 p.m. on the preceding business day.

The court will disregard untimely adjournment applications.

A Child Support Worksheet (UD-8) must be filed electronically.

Documents in mandatory e-filing cases must be filed through NYSCEF unless the Section 202.5-bb opt-out applies or e-filing consent is withheld.

Motions must be uploaded to NYSCEF when appropriate.

A request for a conference in a pending proceeding should be filed in NYSCEF and emailed to chambers.

Documents in mandatory e-filed cases must be filed through NYSCEF unless the document falls under the stated opt-out provision or consent to e-filing is withheld.

If a party elects to submit a working hard copy, it must be delivered to Room 186 with tabbed exhibits and received before the motion return date or any adjourned date.

The requested-jury-charge list must be submitted in Microsoft Word format.

All paperwork exceeding one-half inch in thickness must be acco-fastened rather than stapled.

Motion papers and Orders to Show Cause must use at least 12-point type, be double-spaced, securely bound, and entirely legible.

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

A summary-judgment motion must be filed within 60 days after the Note of Issue unless the court grants leave for good cause.

Motions must be made returnable on a Wednesday, and noncompliance may lead to sanctions or failure to calendar the motion.

Movants should endeavor to coordinate motion return dates with existing conferences and related motion sequences, although the Court may administratively adjust return dates.

A summary-judgment motion must be made within 60 days after filing the Note of Issue unless the Court grants leave for good cause.

All motion papers, including reply papers, must be filed by 5:00 p.m. on the business day before the return date.

Before a preliminary or compliance conference, counsel must consult about case resolution, discovery, alternate dispute resolution, and any mutually agreed informal information exchange.

Counsel and subsequent movants should, where possible, coordinate motion return dates with an existing Part conference or other related motion return dates.

A certification conference is required before filing a note of issue.

After reviewing the submitted motion, the Court decides case by case whether to hold oral argument and will notify counsel when to appear.

Sur-reply papers addressing a motion's merits are prohibited without advance permission, except for a letter identifying a relevant post-submission court decision without additional argument.

Communications between litigants or counsel ordinarily must not be copied to the court, except in circumstances specified by the Part Rules.

Motions must be served and filed in conformity with CPLR 2214 and uploaded to NYSCEF where appropriate.

Notice should be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided to the opposing party/counsel must be filed and uploaded to NYSCEF.

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

The movant must mail notice to all self-represented parties before the scheduled Microsoft Teams meeting and provide proof of that notice.

A working hard copy of e-filed papers is generally not mandatory, except for no-fault threshold and medical malpractice summary-judgment motions.

A self-represented litigant must provide a courtesy working copy to the Courtroom, Part Clerk, and all adversaries when submitting a filing.

In non-e-filed cases, courtesy or working copies should not be submitted unless the Court requests them.

A courtesy copy of the filed notice of motion withdrawal must be emailed to the Part email.

The Court will notify counsel when courtesy hard copies of motion papers or legal authorities are required.

Before filing documents deemed confidential, a party must notify the confidentiality-designating party at least five business days in advance, and the parties must meet and confer within three days after that notice.

Before filing documents deemed confidential, a party must give the designating party at least five business days' notice, and the parties must meet and confer within three days of that notice.

Documents designated for in camera review should be hand-delivered to the Court in a sealed envelope marked on both sides with the specified statement.

No case or portion of a case may be sealed without adequately showing good cause.

Counsel must redact all evidence.

The caption is excluded from the word count.

The caption is excluded from the word count.

The trial memorandum may not exceed five pages and must state the party's position, identify the factual and legal issues to be tried, and cite relevant statutes or case law with copies attached.

A party seeking to exceed a length limit must submit a written request with notice to all parties specifying the additional words or pages sought, and the request is granted only in extraordinary circumstances and for good cause.

A party with a disclosure dispute must submit a specific letter to the Part limited to three single-spaced pages.

Papers opposing a main motion must be submitted in a stand-alone document and may not be bundled into a cross-motion.

Court with a courtesy hard copy (in a binder) of the following:

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

Sur-reply papers are prohibited.

The required trial-preparation items must be completed at least seven days before trial or jury selection, whichever is sooner, and supplied to the judge and all parties in separate binders along with the documents marked for trial use.

A stipulation of discontinuance must be accompanied by proof of County Clerk filing and payment of the applicable filing fee.

Plaintiff’s counsel must pay the requisite Note of Issue fee to the County Clerk and submit the Note of Issue to the Calendar Clerk for assignment of a calendar number.

Counsel for plaintiff must pay the requisite fee with the County Clerk and ensure submission of the Note of Issue to the clerk for assignment of a calendar number.

Plaintiff's counsel must pay the requisite Note of Issue fee to the County Clerk and submit the Note of Issue to the Calendar Clerk for assignment of a calendar number.