Court Rules

Court-wide rules

Applies court-wide

These 265 rules apply across New York Supreme Court, New York County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 60
  • Applies to
    Filing agent authorization

    A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.

  • Applies to
    Hard copy documents
    Must include
    notice of electronic filing

    Nonparticipating counsel must submit the original hard-copy documents, an additional unbound copy, and a Notice of Hard-Copy Submission simultaneously.

  • Applies to
    Attorney filing account
    Must include
    notice of electronic filing

    An attorney using a filing agent must have a User ID and password so the agent’s filings are associated with the attorney of record.

E-Filing

All 59

  • For cases commenced on or after February 19, 2013, e-filing through NYSCEF is mandatory except for the listed case types, and all subsequent documents must be e-filed.

  • An attorney lacking the equipment or knowledge to e-file, and lacking qualifying staff support, may opt out of mandatory e-filing by filing Form EFM 2 with the Clerk.

  • Unrepresented litigants are automatically exempt from mandatory e-filing but may voluntarily participate.

Filing Timing

All 38
  • Deadline
    3 business days

    Failure to electronically refile hard-copy documents within three business days will cause the originals to be discarded and may result in an incomplete court record.

  • A motion on notice or notice of petition must be e-filed no later than eight days before the return date.

  • Deadline
    24 hours

    The Clerk normally takes 24 hours to review and process a proposed order to show cause.

Sealing

All 25

  • To correct an electronically filed document containing confidential data or filed in error, notify the parties and non-party filers, request restricted status through NYSCEF, and file an order to show cause within five business days seeking temporary relief and correction; restricted status expires after five days unless extended by the required notification and order.

  • An order granting relief to correct a filing must be submitted to the County Clerk using the applicable notice form, with the sealing-order procedure using the NYSCEF sealing notification and a copy of the order.

  • An infant's compromise application must be filed through NYSCEF in redacted form, with an unredacted copy submitted for the Justice's action.

More categories

View all New York Supreme Court, New York County rules
About Judge Adam Silvera

- **Position:** Deputy Chief Administrative Judge for Courts Within New York City

- **Address:** 111 Centre Street, New York, NY 10013; 60 Centre Street, New York, NY 10007 - **Part:** Part 1 Judicial Mediation and Administrative Coordinating Part - **Chambers:** Room 1240 - **Chambers Phone:** (646) 386-4200 - **Courtroom:** Room 300 - **Courtroom Phone:** 646-386-3722 - **Assistant Law Clerk:** Ron Jovi Ramirez, Esq. - **Principal Law Clerk:** Justin Dorman, Esq. - **Special Projects Counsel:** Rebecca Wohl, Esq.

Common questions about Judge Adam Silvera's rules

Are courtesy copies required for Judge Adam Silvera?

Courtesy paper copies of motion papers, affirmations, and related documents must not be sent to the Part or chambers unless the court requests them.

View ruleSource: page 3, section III. Motions

Does Judge Adam Silvera require a pre-motion conference or letter before filing a motion?

Judge Adam Silvera's rules set a pre-motion procedure for covered motions. An order to show cause may be used only for genuine urgency, when a stay is required, or when a statute mandates that procedure.

View ruleSource: page 3, section III. Orders to Show Cause

What must be included with motion filings before Judge Adam Silvera?

The rule requires certificate of service. Every movant must file an affidavit of service through NYSCEF.

View ruleSource: page 3, section III. Motions

What must be included with summary judgment notice or supporting affirmation filings before Judge Adam Silvera?

The rule identifies required filing content or certificates. The notice of motion or early portion of the supporting affirmation must state the Note of Issue filing date and that the motion is timely.

View ruleSource: page 3, section III. Motions

How may parties contact Judge Adam Silvera's chambers?

Ex parte communications with Justice Silvera or his staff are strictly prohibited unless all parties participate, and the court will not respond to such communications.

View ruleSource: page 1, section I. Communications with the Part and Chambers

How do I request an adjournment or extension before Judge Adam Silvera?

Requests should be made at least 48 hours in advance when this rule applies before Judge Adam Silvera. An adjournment request must be made at least 48 hours before the conference unless exigent circumstances exist and must state whether all parties consent.

View ruleSource: page 1, section I. Communications with the Part and Chambers

Is electronic filing required before Judge Adam Silvera?

Yes. Electronic filing is required for the covered filings. Part 01 requires filings to be made electronically.

View ruleSource: page 1, section I. Communications with the Part and Chambers

What filing deadlines does Judge Adam Silvera set?

Counsel must notify the court as soon as possible when an action is settled, discontinued, or otherwise disposed.

View ruleSource: page 1, section I. Communications with the Part and Chambers

What service or proof of service rules apply before Judge Adam Silvera?

Proof of service is required for the covered service rule. Proof of service, in the form of a filed affidavit of service, is mandatory for every movant.

View ruleSource: page 3, section III. Motions
Complete rules summary for Judge Adam Silvera

Correspondence should not be uploaded to NYSCEF for judicial review; documents requiring the court's or Part Clerk's attention should instead be communicated to the Part by email.

When a good-faith discovery dispute remains unresolved and no other conference has been set, the parties may request a conference by filing a NYSCEF letter outlining the issues and each party's position.

Scheduling inquiries should be directed to the Part Clerk unless the court provides other instructions.

Parties should not call chambers about scheduling matters.

Ex parte communications with Justice Silvera or his staff are strictly prohibited unless all parties participate, and the court will not respond to such communications.

An adjournment request must be made at least 48 hours before the conference unless exigent circumstances exist and must state whether all parties consent.

A nonconsensual adjournment request made less than 48 hours before the scheduled date may be rejected, in which event counsel must appear to request the adjournment orally.

Part 01 requires filings to be made electronically.

Questions about the e-filing system should be directed to the E-Filing Office by phone at (646) 386-3610 or email at newyorkef@nycourts.gov.

Proposed orders and stipulations must be electronically filed using the proper category or designation, and improperly categorized documents may not receive the court's attention.

Counsel must notify the court as soon as possible when an action is settled, discontinued, or otherwise disposed.

A stipulation of settlement or discontinuance should be filed through NYSCEF.

Counsel must notify the court as soon as practicable by filing a letter on NYSCEF when a motion is withdrawn, moot, or otherwise resolved.

Counsel or a self-represented litigant must promptly notify the court of a death or bankruptcy petition by filing a letter on NYSCEF and emailing the Part.

Parties should check NYSCEF or SCROLL for decisions and should not call the court to ask whether a decision has issued.

After an RJI is filed and Justice Silvera is assigned, a party may request a preliminary conference by emailing the Part Clerk.

A copy of the discovery-conference request letter must also be emailed to the Part.

The proposed discovery stipulation must be emailed to the Part by 4 p.m. on the day before the conference, with all sides copied.

The proposed discovery stipulation must be emailed to SFC-Part1@nycourts.gov with all sides copied.

An extension of a discovery deadline must be requested as soon as practicable and before the deadline expires.

Questions about motions returnable in Room 130 must be directed to the Motion Support Office at (646) 386-3030.

Motion adjournment requests are generally directed to the Motion Support Office rather than the Part, subject to the stated 60-day caveat.

In that case, the parties must appropriately file the stipulation on NYSCEF and e-mail it to SFC-Part1@nycourts.gov; it must be so ordered.

Every movant must file an affidavit of service through NYSCEF.

Proof of service, in the form of a filed affidavit of service, is mandatory for every movant.

An affidavit of service must be submitted to the court through NYSCEF.

Relief will be denied if a proper affidavit of service is not filed.

A summary judgment motion must be filed no later than 60 days after the Note of Issue unless the court grants leave.

A late summary judgment motion may be denied absent good cause even without an objection from the adversary.

The notice of motion or early portion of the supporting affirmation must state the Note of Issue filing date and that the motion is timely.

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