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.

About Judge David Cohen

- **Address:** 71 Thomas Street, New York, NY 10013 - **Part:** Part 58 General IAS Part - **Chambers:** Room 305 - **Chambers Phone:** (646) 386-3320 - **Courtroom:** Room 305 - **Courtroom Phone:** (646) 386-3347

Common questions about Judge David Cohen's rules

Are courtesy copies required for Judge David Cohen?

Parties ordinarily need not provide working copies of motion papers because Part 58 is paperless, unless the court directs otherwise.

View ruleSource: page 2, section 2. MOTION PRACTICE

Does Judge David Cohen require a pre-motion conference or letter before filing a motion?

Judge David Cohen's rules set a pre-motion procedure for discovery. Parties must make a good-faith effort to confer about discovery disputes and obtain a court conference before filing a discovery motion; leave of court is not required.

View ruleSource: page 3, section 2. MOTION PRACTICE

What formatting rules apply to filings before Judge David Cohen?

Judge David Cohen's formatting rule includes must be drafted in microsoft word format or as a pdf.. Compliance conference stipulations must be submitted in Microsoft Word format or PDF format.

View ruleSource: page 4, section 3. PRELIMINARY AND COMPLIANCE CONFERENCES

What must be included with stipulation filings before Judge David Cohen?

The rule identifies required filing content or certificates. All parties must sign or electronically sign proposed stipulations before they are submitted to the court.

View ruleSource: page 4, section 3. PRELIMINARY AND COMPLIANCE CONFERENCES

What must be included with case or motion status notice filings before Judge David Cohen?

The rule identifies required filing content or certificates. Counsel and self-represented litigants must promptly notify Part 58 in writing of specified settlements, dispositions, mootness, death, or bankruptcy events.

View ruleSource: page 2, section 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS

How may parties contact Judge David Cohen's chambers?

Ex parte communications with the court are prohibited.

View ruleSource: page 2, section 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS

How do I request an adjournment or extension before Judge David Cohen?

Requests should be made at least 2 business days in advance when this rule applies before Judge David Cohen. Requests to adjourn a conference or motion oral argument must receive court approval at least two business days in advance and be directed to the Part Clerk by email.

View ruleSource: page 1, section 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS

Does Judge David Cohen require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. All motion papers and related exhibits must be filed separately on NYSCEF with a concise and accurate description of each document.

View ruleSource: page 2, section 2. MOTION PRACTICE

Is electronic filing required before Judge David Cohen?

Yes. Electronic filing is required for the covered filings. Conversion to e-filing is mandatory when all parties are represented by counsel.

View ruleSource: page 1, section E-Filing

What filing deadlines apply to summary judgment motion filings before Judge David Cohen?

Summary judgment motions must be filed within 120 days after the note of issue unless the court orders otherwise, and untimely motions may be denied absent good cause.

View ruleSource: page 2, section 2. MOTION PRACTICE
Complete rules summary for Judge David Cohen

Compliance conference stipulations must be submitted in Microsoft Word format or PDF format.

All parties must sign or electronically sign proposed stipulations before they are submitted to the court.

Parties are strongly encouraged to convert paper cases to e-filing.

Conversion to e-filing is mandatory when all parties are represented by counsel.

Requests to adjourn a conference or motion oral argument must receive court approval at least two business days in advance and be directed to the Part Clerk by email.

The Part Clerk's email is the designated contact for requests to adjourn conferences and motion oral arguments.

An adjournment stipulation must state a reason, be so ordered, and be filed at least one business day before the conference or argument.

An adjournment stipulation must be e-filed at least one business days in advance, except that non-e-filed cases may be filed with the court.

A party must first confer with all other parties about an adjournment and, if no agreement is possible, contact chambers or apply in court at least two business days before the conference or motion return date.

Chambers should not be called about other scheduling matters or uncontested adjournment requests; callers will instead be directed to the Part Clerk.

Justice Cohen, the law clerks, and the Part Clerk must not be copied on communications exchanged between counsel.

Ex parte communications with the court are prohibited.

Every party must be copied on all communications with the court, including email communications.

Counsel and self-represented litigants must promptly notify Part 58 in writing of specified settlements, dispositions, mootness, death, or bankruptcy events.

Summary judgment motions must be filed within 120 days after the note of issue unless the court orders otherwise, and untimely motions may be denied absent good cause.

Every summary judgment motion must contain a short, concise, numbered-paragraph statement of material facts alleged to be undisputed.

Failure to submit the required undisputed statement of facts may result in denial with leave to renew, an adjournment, or another action the court deems proper.

Parties ordinarily need not provide working copies of motion papers because Part 58 is paperless, unless the court directs otherwise.

Parties must immediately email the Part Clerk a stipulation or notice when a motion is withdrawn or otherwise resolved.

Each identified category of motion paper must be individually labeled and tabbed and must show the motion sequence number in the upper-right corner of its first page, whether filed electronically or not.

All motion papers and related exhibits must be filed separately on NYSCEF with a concise and accurate description of each document.

All motion papers and related exhibits must be e-filed separately on NYSCEF.

Parties must make a good-faith effort to confer about discovery disputes and obtain a court conference before filing a discovery motion; leave of court is not required.

A discovery motion must be supported by an affirmation describing the consultation and identifying the court conference participant and date, or stating good cause for no conferral.

Failure to comply with the discovery-motion requirements may result in denial, and the court may decide the motion on submission or schedule a discovery conference instead of argument.

A stipulation resolving a motion or extending a court deadline must be emailed to the Part 58 Clerk, and stipulations requiring clerk action must direct the action and include form EF-22 in e-filed cases.

Scheduling inquiries must be sent by joint email, or with a copy to all sides, to both the Principal Court Attorney and Part 58 Clerk.

At a conference, the parties must inform the Part Clerk about all pending motions relating to the case, including motions pending in the Motion Submissions Part and fully submitted motions.

Orders must be legible, identify the case as a Part 58 action, name Justice Cohen, and list the names, addresses, and telephone numbers of counsel appearing at the conference.

An application to extend a discovery deadline must be made as soon as practicable and before the deadline expires, and the court may grant it only for good cause with notice to all parties.

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