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 Eric Schumacher

- **Part:** Part 13 - **Chambers:** Room 304 - **Chambers Phone:** (646) 386-3799 - **Courtroom:** Room 304 - **Courtroom Phone:** (646) 386-3754 - **Assistant Law Clerk:** Shivali Srivastava, Esq. - **Principal Law Clerk:** Joshua D. Demopoulos, Esq.

Common questions about Judge Eric Schumacher's rules

Does Judge Eric Schumacher require a pre-motion conference or letter before filing a motion?

Judge Eric Schumacher's rules set a pre-motion procedure for order to show cause. A party seeking immediate injunctive relief when an OSC is signed must appear in person with all affected adversaries or prove proper notice, and must contact the part clerk to schedule the appearance.

View ruleSource: page 4, section III.E.2

What page or word limits apply to trial memorandum before Judge Eric Schumacher?

Judge Eric Schumacher's rule states these limits: 5 pages. When necessary, a party must submit a trial memorandum no longer than five pages that briefly states its position, identifies the relevant factual and legal issues, and cites relevant case law.

View ruleSource: page 1, section V. Trials

What page or word limits apply to bench brief before Judge Eric Schumacher?

Judge Eric Schumacher's rule states these limits: 5 pages. Any confidential bench brief submitted to the court may not exceed five pages.

View ruleSource: page 1, section VII. Summary Bench Trials

What formatting rules apply to filings before Judge Eric Schumacher?

Judge Eric Schumacher's formatting rule includes file format docx and applies when a proposed pji instruction is not verbatim, requires characterization or description of the evidence or the parties’ contentions, or is not based on the pji.. Non-verbatim or otherwise modified proposed jury instructions must be supplied in DOCX format.

View ruleSource: page 2, section V. Trials

What must be included with motion withdrawal or resolution stipulation filings before Judge Eric Schumacher?

The rule identifies required filing content or certificates. After a fully submitted motion is resolved, the movant must immediately file and email the part clerk a stipulation withdrawing or otherwise resolving it.

View ruleSource: page 2, section III. Motions A.1

What must be included with motion papers filings before Judge Eric Schumacher?

The rule identifies required filing content or certificates. Omnibus papers may not be filed for multiple motions, and any repeated paper must be filed separately in each motion sequence with an appropriate label.

View ruleSource: page 3, section III. Motions

How may parties contact Judge Eric Schumacher's chambers?

The rule addresses email communications with Judge Eric Schumacher's clerk. All parties must jointly email the part clerk by one week before jury selection to report the status of all aspects of the case, including settlement, and jury-selection dates are final.

View ruleSource: page 2, section II. Conferences F

How do I request an adjournment or extension before Judge Eric Schumacher?

Requests should be made at least 48 hours in advance when this rule applies before Judge Eric Schumacher. A conference-adjournment request must be submitted by stipulated filing through NYSCEF and emailed to the part clerk at least 48 hours before the scheduled appearance.

View ruleSource: page 2, section II. Conferences C

Does Judge Eric Schumacher require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Omnibus affidavits, affirmations, memoranda of law, and similar papers may not be filed for use across multiple motions.

View ruleSource: page 3, section III.C.3

Is electronic filing required before Judge Eric Schumacher?

Yes. Electronic filing is required for the covered filings. This is a paperless e-filing part: motion submissions need only be e-filed to be considered, and NYSCEF must be used for all filings.

View ruleSource: page 2, section III. Motions B

What filing deadlines apply to opposition filings before Judge Eric Schumacher?

Unless the court directs otherwise, opposition papers must be filed at least one business day before the motion’s return date, and no reply is permitted.

View ruleSource: page 4, section III. Motions

What rule applies to service for osc before Judge Eric Schumacher?

The rule addresses service method, recipient, or timing requirements. Details: method: personal service. OSCs seeking relief under CPLR 321(b)(2) must require personal service under CPLR 308 and 311; substituted service may not be used.

View ruleSource: page 4, section III. Motions

Does Judge Eric Schumacher encourage junior lawyer participation?

Yes. Judge Eric Schumacher's rules include a junior lawyer participation incentive. The court encourages attorneys who significantly contributed to a matter but do not ordinarily appear or speak in court to participate in proceedings.

View ruleSource: page 1, section I. Overview B.1
Complete rules summary for Judge Eric Schumacher

After a fully submitted motion is resolved, the movant must immediately file and email the part clerk a stipulation withdrawing or otherwise resolving it.

The court encourages attorneys who significantly contributed to a matter but do not ordinarily appear or speak in court to participate in proceedings.

A conference-adjournment request must be submitted by stipulated filing through NYSCEF and emailed to the part clerk at least 48 hours before the scheduled appearance.

The court will not consider an adjournment request made fewer than 48 hours before a conference unless there is a real emergency.

All parties must jointly email the part clerk by one week before jury selection to report the status of all aspects of the case, including settlement, and jury-selection dates are final.

This is a paperless e-filing part: motion submissions need only be e-filed to be considered, and NYSCEF must be used for all filings.

Documents, including notices of motion, affidavits, affirmations, memoranda of law, and exhibits, must be filed under separate document numbers with meaningful names.

Each exhibit must be filed under its own NYSCEF document number.

The upper-right corner of each filing's first page must display the case index number and, when ascertainable, the motion's expected sequence number.

All papers submitted to Part 13 must comply with the form-of-papers requirements in 22 NYCRR § 202.70(g), Rule 6.

Hyperlinking is required under the cited form-of-papers rule.

Omnibus papers may not be filed for multiple motions, and any repeated paper must be filed separately in each motion sequence with an appropriate label.

Substantive legal arguments and case citations must be presented in a separately filed memorandum of law, not in an affirmation or affidavit.

Each deposition transcript must be a separate, labeled exhibit, and all transcripts must be accompanied by a word index.

References to deposition testimony must include exact page and line pinpoint citations.

References to other voluminous exhibits must include pinpoint citations.

Media and other materials that cannot ordinarily be filed to NYSCEF must be submitted electronically by emailing a download link to the part clerk.

Physical media such as USB drives are not accepted by the court and will be destroyed if received.

Electronically submitted media must be tied to a placeholder exhibit page and addressed in the appropriate affirmation or other filing so that it is in admissible form.

Pro hac vice applications in NYCAL must be emailed to the Clerk of Part 13 with a request for an order and are presumptively unopposed.

Each pro hac vice application must include separate PDFs containing a supporting attorney affidavit, an applicant affidavit, a recent certificate of good standing, and a proposed order.

The applicant affidavit must disclose prior pro hac vice applications and their outcomes, state whether the applicant has had a disciplinary proceeding, and certify compliance with the Part 13 Rules.

Questions about e-filing proposed orders to show cause must be directed to the ex parte office at (646) 386-3125.

Unless the court directs otherwise, opposition papers must be filed at least one business day before the motion’s return date, and no reply is permitted.

OSCs seeking relief under CPLR 321(b)(2) must require personal service under CPLR 308 and 311; substituted service may not be used.

Summary judgment motions must be filed within 30 days after the note of issue is filed.

A fully executed consent summary judgment application has the effect of a voluntary stipulation of discontinuance, must expressly state whether the outcome is with prejudice, and becomes effective upon filing with NYSCEF or, in a paper case, the county clerk, without a court order.

Email requests for an order on a USJM, stipulation of discontinuance, or similar submission are deemed denied.

An application to discontinue that requires a court order must be made by a motion on notice.

Requests to adjourn oral argument must be submitted by stipulation at least five business days before the scheduled appearance, with the stipulation filed to NYSCEF and emailed to the part clerk.

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