Judge David Cohen
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Proposed Order
Court-wideAdjournments
- 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.
- 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.
- An adjournment stipulation must state a reason, be so ordered, and be filed at least one business day before the conference or argument.
- 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.
- Stipulations extending discovery deadlines must be submitted to the Part Clerk and state in reasonable detail the reason for the requested adjournment.
- Any extension beyond a court-ordered deadline, whether sought by stipulation or otherwise, requires an order from the court.
Request must include
Communication
Clerk
Phone
Court-wideIntake Unit
Phone
Court-wideClerk
Phone
Court-wideClerk
Document Format Requirements2 rules
Checked against the court's document on Oct 5, 2026Mandatory
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 notices of motion/cross motion, orders to show cause, affirmations, affidavits, memoranda of law, and exhibits to motions must be labeled and tabbed individually and must contain the motion sequence number on the upper right corner of the first page, whether e-filed or not.
Checked against the court's document on Oct 5, 2026Mandatory
Compliance conference stipulations must be submitted in Microsoft Word format or PDF format.
Compliance conference stipulations –the parties must draft a stipulation. It must be drafted in Microsoft Word format or as a PDF.
Document Filing Requirements11 rules
Checked against the court's document on Oct 5, 2026Mandatory
Every summary judgment motion must contain a short, concise, numbered-paragraph statement of material facts alleged to be undisputed.
Additionally, in accordance with 22 NYCRR 202.8-g(a), this Court, in its discretion, directs that all summary judgment motions must contain a “short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.”
Document Type
Summary Judgment Motion
Checked against the court's document on Oct 5, 2026Mandatory
Counsel and self-represented litigants must promptly notify Part 58 in writing of specified settlements, dispositions, mootness, death, or bankruptcy events.
Counsel and self-represented litigants are under a continuing obligation to notify Part 58 in writing, and as soon as possible, if an action is settled, discontinued, or otherwise disposed of, if a case or motion has become totally or partially moot, or if a party has died or filed a petition in bankruptcy.
Document Type
Case Or Motion Status Notice
Checked against the court's document on Oct 5, 2026Mandatory
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.
Failure to comply with these requirements will result in the denial of the motion. Additionally, the court has the discretion to decide a discovery motion on submission or to schedule a discovery conference in lieu of hearing argument on the same.
Document Type
Discovery Motion
Checked and corrected to match the court's document on Oct 5, 2026Mandatory
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.
Where such a stipulation resolves a motion or extends a deadline previously set by the court, it must be e- mailed to the Part 58 Clerk at SFC-Part58-Clerk@nycourts.gov so that the court may so-order the same. A stipulation resolving a motion which requires a Clerk to take action, such as a motion to consolidate, change venue, or amend a caption or pleading, must contain language directing the Clerk to take such specific action in accordance with CPLR 8019(c) and, in e-filed cases, must be accompanied by NYSCEF form EF-22.
Document Type
Stipulation
Checked against the court's document on Oct 5, 2026Mandatory
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.
All orders must be legible, must indicate that the case is a Part 58 action, and must contain Justice Cohen’s name, as well as the names, addresses and telephone numbers of all counsel appearing at the conference.
Document Type
Order
Checked against the court's document on Oct 5, 2026Mandatory
All parties must sign or electronically sign proposed stipulations before they are submitted to the court.
Proposed stipulations must be signed or e-signed by all parties before submission to the court.
Document Type
Stipulation
Checked against the court's document on Oct 5, 2026Mandatory
The required trial memorandum must state the relevant facts and the legal arguments that will be contested at trial.
a brief trial memorandum of law setting forth the relevant facts of the case and setting forth the legal arguments to be contested at trial
Document Type
Trial Memorandum
Checked against the court's document on Oct 5, 2026Mandatory
At the first trial appearance, all parties must provide specified trial materials, including pleadings, discovery-related documents, relevant authorities, motions in limine, a revisable proposed verdict sheet, and a trial memorandum.
At the first appearance before Justice Cohen for trial, all parties shall provide: all marked pleadings and bills of particular, all notices to admit and responses thereto, any relevant case law, prior decisions bearing directly on the issues to be raised at trial, all motions in limine, a proposed verdict sheet (subject to revision), and a brief trial memorandum of law setting forth the relevant facts of the case and setting forth the legal arguments to be contested at trial.
Document Type
Trial Submission
Checked against the court's document on Oct 5, 2026Mandatory
The parties must provide the court with proposed jury instructions in preparation for the charge conference.
In preparation for the charge conference, the parties shall provide the court with proposed jury instructions.
Document Type
Jury Instructions
Not confirmed. Read the court's wording below.Mandatory?
Pursuant to 22 NYCRR 202.8-g(e), a movant’s failure to submit an undisputed statement of facts will result in the denial of the motion with leave to renew upon proper papers, adjournment of the motion to allow the movant time to submit an undisputed statement of facts, or any other action this Court deems just and proper.
Summary: 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.
Document Type
Summary Judgment Motion
Not confirmed. Read the court's wording below.Mandatory?
If such a motion is filed, the affirmation of good faith submitted in support of the same must “indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held” (22 NYCRR 202.7[c]). The affirmation of good faith must also indicate the identity of the individual who conferenced the case with the parties (i.e., Justice Cohen or which of his Law Clerks), as well as the date on which the case was conferenced by the court.
Summary: 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.
Document Type
Discovery Motion
Filing & Service rules
Electronic Filing Rules
Conversion to e-filing is mandatory when all parties are represented by counsel.
Conversion to e-filing is required where all parties are represented by counsel.
Not confirmed. Read the court's wording below.
Page 1 | E-Filing
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.
Any stipulation adjourning a conference or motion must set forth a reason for the adjournment, must be so-ordered, and must be e-filed (or, on non-e-filed cases, filed with the court) at least one business day before the scheduled conference or argument.
Not confirmed. Read the court's wording below.
Page 1 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
All motion papers and related exhibits must be e-filed separately on NYSCEF.
All motion papers and exhibits thereto must be e-filed separately and must contain a concise and accurate description of the document filed on NYSCEF.
Not confirmed. Read the court's wording below.
Page 2 | 2. MOTION PRACTICE
Parties are strongly encouraged to convert paper cases to e-filing.
The court strongly encourages all paper cases to be converted to e-filing.
Not confirmed. Read the court's wording below.
Page 1 | E-Filing
Filing Timing and Cure Windows
Post-trial motions must be made within 15 days after the verdict.
Post-trial motions shall be made within 15 days after verdict (CPLR 4405).
Checked against the court's document on Oct 5, 2026
Page 5 | 4. TRIALS
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.
All summary judgment motions must be filed within 120 days after the filing of the note of issue, unless otherwise ordered by the court, or will be denied absent good cause shown for the delay.
Not confirmed. Read the court's wording below.
Page 2 | 2. MOTION PRACTICE
Courtesy Copy Requirements
Parties ordinarily need not provide working copies of motion papers because Part 58 is paperless, unless the court directs otherwise.
Part 58 is a paperless part and parties are not required to provide working copies of motion papers unless otherwise directed by the court.
Checked and corrected to match the court's document on Oct 5, 2026
Page 2 | 2. MOTION PRACTICE
Filing Bundling Requirements
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 exhibits thereto must be e-filed separately and must contain a concise and accurate description of the document filed on NYSCEF.
Checked against the court's document on Oct 5, 2026
Page 2 | 2. MOTION PRACTICE
Pre-Motion Conference Requirements
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.
If the parties have a discovery dispute, they must consult with each other in a good faith effort to resolve the same (22 NYCRR 202.7[a]). Such consultation may take place by an in-person, telephonic, or virtual conference (at the request of the parties, the Part 58 Clerk can facilitate such a virtual meeting). In the event such an attempt is not successful, then the parties are required to e-mail the Part 58 Clerk at SFC-Part58-Clerk@nycourts.gov to arrange a conference with the court to attempt to resolve the issue(s). If the dispute cannot be resolved by a conference with the court, then the party seeking relief may file a discovery motion. Leave of court is not required to file the motion but no motion may be filed unless the court has first conferenced the case.
Checked against the court's document on Oct 5, 2026
Page 3 | 2. MOTION PRACTICE
Adjournment & Extension Requirements
An adjournment stipulation must state a reason, be so ordered, and be filed at least one business day before the conference or argument.
Any stipulation adjourning a conference or motion must set forth a reason for the adjournment, must be so-ordered, and must be e-filed (or, on non-e-filed cases, filed with the court) at least one business day before the scheduled conference or argument.
Checked against the court's document on Oct 5, 2026
Page 1 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
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.
A party seeking an adjournment of a conference or motion must confer with all other parties to ascertain whether there can be a stipulation to adjourn. If the parties cannot agree to an adjournment, they must set up a conference call with chambers or appear and make an application before the court at least two business days prior to the scheduled conference date or the return date of the motion.
Checked against the court's document on Oct 5, 2026
Page 1 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
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.
All requests to adjourn conferences and oral arguments on motions require prior court approval at least two business days prior to the conference/argument date and must be directed to the Part Clerk at SFC-Part58-Clerk@nycourts.gov.
Checked against the court's document on Oct 5, 2026
Page 1 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
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.
Any application for an extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of the deadline. Such an extension may be granted by the court only upon good cause shown and where notice of the request is provided to all parties.
Checked against the court's document on Oct 5, 2026
Page 4 | 3. PRELIMINARY AND COMPLIANCE CONFERENCES
Any extension beyond a court-ordered deadline, whether sought by stipulation or otherwise, requires an order from the court.
Any extension of time past a court-ordered deadline, by stipulation or otherwise, must be ordered by the court.
Checked against the court's document on Oct 5, 2026
Page 5
Stipulations extending discovery deadlines must be submitted to the Part Clerk and state in reasonable detail the reason for the requested adjournment.
stipulations extending discovery deadlines to the Part Clerk and such requests must set forth, in reasonable detail, the reason for the adjournment.
Checked against the court's document on Oct 5, 2026
Page 5
Chambers Communication Rules
Ex parte communications with the court are prohibited.
Ex parte communications are strictly prohibited.
Checked against the court's document on Oct 5, 2026
Page 2 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Every party must be copied on all communications with the court, including email communications.
Every party must be copied on all communications with the court, including emails.
Checked against the court's document on Oct 5, 2026
Page 2 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Parties must immediately email the Part Clerk a stipulation or notice when a motion is withdrawn or otherwise resolved.
If a motion has been withdrawn or otherwise resolved, the parties must immediately e-mail the Part Clerk at SFC-PART58-Clerk@nycourts.gov a stipulation or notice to this effect.
Checked against the court's document on Oct 5, 2026
Page 2 | 2. MOTION PRACTICE
The Part Clerk's email is the designated contact for requests to adjourn conferences and motion oral arguments.
All requests to adjourn conferences and oral arguments on motions require prior court approval at least two business days prior to the conference/argument date and must be directed to the Part Clerk at SFC-Part58-Clerk@nycourts.gov.
Checked against the court's document on Oct 5, 2026
Page 1 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Chambers should not be called about other scheduling matters or uncontested adjournment requests; callers will instead be directed to the Part Clerk.
Do not call chambers regarding other scheduling matters and uncontested requests for adjournments. Any such calls will result in your being directed to the Part Clerk.
Checked against the court's document on Oct 5, 2026
Page 1 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
Justice Cohen, the law clerks, and the Part Clerk must not be copied on communications exchanged between counsel.
Do not copy Justice Cohen, the Law Clerks, or the Part Clerk on letters, documents, or emails exchanged between counsel.
Checked against the court's document on Oct 5, 2026
Page 1 | 1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS
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.
The parties are required to bring to the attention of the Part Clerk all pending motions relating to the case being conferenced, whether the motion(s) is pending in the Motion Submissions Part, or whether it has been fully submitted.
Not confirmed. Read the court's wording below.
Page 4 | 3. PRELIMINARY AND COMPLIANCE CONFERENCES
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.
For Adjournments, see Rule 1. All scheduling inquiries are to be directed to cpaszko@nycourts.gov and SFC-Part58-Clerk@nycourts.gov, by email sent jointly or with a copy to all sides.
Not confirmed. Read the court's wording below.
Page 4 | 3. PRELIMINARY AND COMPLIANCE CONFERENCES