Court Rules
Common questions about New York Supreme Court, New York County rules

Are courtesy copies required in New York Supreme Court, New York County?

Courtesy-copy rule applies for proposed orders. When a proposed order must be presented directly to a Part or Chambers, the attorney should also e-file it and deliver a working copy with the Confirmation Notice as directed.

View ruleSource: page 6, section E. LONG FORM ORDERS/JUDGMENTS ON MOTIONS

What page or word limits apply to memorandum of law in New York Supreme Court, New York County?

New York Supreme Court, New York County's rule states these limits: 30 pages. Excludes table of contents and table of authorities. Unless the court grants advance permission for good cause, memoranda of law are limited to 30 pages excluding the table of contents and table of authorities, while affidavits and affirmations are limited to 25 pages each.

View ruleSource: page 5, section MOTIONS — Rule 14, Motion Papers

What formatting rules apply to filings in New York Supreme Court, New York County?

New York Supreme Court, New York County's formatting rule includes file format paper. A proposed order to show cause and supporting documents presented to a Justice outside normal court hours must also be submitted in hard copy.

View ruleSource: page 7, section F. EX PARTE APPLICATIONS

What must be included with filing agent authorization filings in New York Supreme Court, New York County?

The rule identifies required filing content or certificates. A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.

View ruleSource: page 3, section B. FILING OF PAPERS GENERALLY

What must be included with hard copy documents filings in New York Supreme Court, New York County?

The rule requires 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.

View ruleSource: page 2, section A. E-FILED CASES GENERALLY

How may parties contact New York Supreme Court, New York County?

Before filing a motion over a post-filing discovery dispute, the aggrieved party must promptly notify the City Case DCM Program before the relevant deadline so a conference can be scheduled.

View ruleSource: page 1, section City Case Automated Differentiated Case Management — 3. Subsequent Disclosure Problems

How does New York Supreme Court, New York County handle sealed or redacted filings?

A motion to seal is required for covered sealed filings in New York Supreme Court, New York County. 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.

View ruleSource: page 3, section B. FILING OF PAPERS GENERALLY

How do I request an adjournment or extension in New York Supreme Court, New York County?

Advance notice is not fully stated in the structured details. A Part 40 TR appearance date will not be adjourned except for a qualifying medical or comparably serious emergency, another case's jury being out, or a compliant affidavit or affirmation of actual engagement.

View ruleSource: page 1, section 2) Administrative Coordinating Part (Part 40 TR) Jury Selection and Assignment for Trial

Is electronic filing required in New York Supreme Court, New York County?

Yes. Electronic filing is required for the covered filings. 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.

View ruleSource: page 1, section A. E-FILED CASES GENERALLY

Are filing fees or waivers addressed in New York Supreme Court, New York County?

A fee is required for covered filings. NYSCEF court fees must be paid through NYSCEF by Mastercard, Visa, or American Express, not in person at the County Clerk’s Office, and NYSCEF imposes no user fees.

View ruleSource: page 3, section B. FILING OF PAPERS GENERALLY

What filing deadlines does New York Supreme Court, New York County set?

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.

View ruleSource: page 3, section B. FILING OF PAPERS GENERALLY

What rule applies to service for form in New York Supreme Court, New York County?

Proof of service is required for the covered service rule. Details: recipient: all parties. The executed opt-out form must be served on all parties and filed in person with proof of service at the County Clerk’s E-File Department.

View ruleSource: page 1, section A. E-FILED CASES GENERALLY
Complete rules summary for New York Supreme Court, New York County

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.

The executed opt-out form must be served on all parties and filed in person with proof of service at the County Clerk’s E-File Department.

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

An attorney may request an exemption from e-filing from the assigned justice by showing good cause.

Consensual e-filing is authorized in matrimonial, Article 78, and Article 70 cases, and a nonparticipating attorney must file and serve a declination letter.

In a mixed e-filed case, participating attorneys and unrepresented litigants must e-file all documents and serve one another electronically, while nonparticipating litigants and counsel use hard-copy filing and service.

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

In a NYSCEF case, all documents, including motion papers and permitted letters to the court, must be filed through NYSCEF unless a rule or physical-requirements exemption applies.

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.

The County Clerk and court generally do not accept paper documents in e-filed cases, and an un-e-filed document does not become part of the court record.

An attorney or participating unrepresented litigant submitting a hard-copy document in an e-filed case must place a Notice of Hard-Copy Submission on the back page facing out.

Unrepresented litigants not participating in e-filing need not append the Notice of Hard-Copy Submission.

An emergency filer must electronically refile documents initially submitted in hard-copy form within three business days of the emergency filing.

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.

When a required fee is paid with an emergency hard-copy filing, the later NYSCEF submission should identify the payment and select “Fee Already Paid.”

NYSCEF court fees must be paid through NYSCEF by Mastercard, Visa, or American Express, not in person at the County Clerk’s Office, and NYSCEF imposes no user fees.

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.

Counsel amending a caption by stipulation or as of right must e-file the NYSCEF Amendment of Caption notice.

When the court grants leave to amend a caption, counsel should submit the order and completed County Clerk notice through NYSCEF.

For unusual exhibits that cannot practically be e-filed, counsel must upload a Notice of Hard Copy Exhibit Filing as an “Exhibit” and state in the additional-information field that the filer retains the original.

Every e-filed Commercial Division memorandum of law and, when appropriate, affidavit or affirmation must contain bookmarks listing the contents and facilitating navigation.

Bookmarked exhibits are not required to be uploaded to NYSCEF as separate documents.

A for-fee RJI and any required addendum must be submitted through NYSCEF when seeking IAS assignment, while a no-fee RJI must be submitted through NYSCEF in other instances.

A filer seeking Commercial Division assignment must submit the Commercial Division RJI Addendum with the RJI, and pleadings need be included only if not previously e-filed.

If counsel creates the addendum rather than NYSCEF, the RJI and addendum must be uploaded as separate NYSCEF documents.

A NYSCEF motion on notice or notice of petition must be e-filed at least eight days before its return date and made returnable in Room 130.

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

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