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.

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View all New York Supreme Court, New York County rules
About Judge Francis A. Kahn III

- **Address:** 111 Centre Street, New York, NY 10013 - **Part:** Part 32 - **Chambers:** Room 532 - **Chambers Phone:** (646) 386-3081 - **Courtroom:** Room 1127 - **Courtroom Phone:** (646) 386-5607 - **Assistant Law Clerk:** Ryan Millea, Esq. - **Principal Law Clerk:** Christine Vetter, Esq.

Common questions about Judge Francis A. Kahn III's rules

Does Judge Francis A. Kahn III require a pre-motion conference or letter before filing a motion?

Judge Francis A. Kahn III's rules set a pre-motion procedure for covered motions. Counsel attending a conference must know the case and have authority to discuss and stipulate to resolve all discovery issues.

View ruleSource: page 4, section IV. ALL CONFERENCES

What must be included with exhibits filings before Judge Francis A. Kahn III?

The rule identifies required filing content or certificates. Each electronically submitted exhibit must be identified and described in its heading.

View ruleSource: page 3, section III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.

What must be included with motion filings before Judge Francis A. Kahn III?

The rule identifies required filing content or certificates. Citations to deposition testimony must identify the transcript page and line numbers.

View ruleSource: page 3, section III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.

How may parties contact Judge Francis A. Kahn III's chambers?

All adjournment requests must be directed to the part clerk rather than chambers.

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

How do I request an adjournment or extension before Judge Francis A. Kahn III?

Advance notice is not fully stated in the structured details. Motion-submission-part adjournment requests must comply with the rules of that part.

View ruleSource: page 3, section III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.

Is electronic filing required before Judge Francis A. Kahn III?

Yes. Electronic filing is required for the covered filings. The agreed stipulation must be e-filed and emailed to the part clerk at least 24 hours before the conference.

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

What filing deadlines does Judge Francis A. Kahn III set?

The Court will not accept additional submissions after a motion is fully submitted.

View ruleSource: page 3, section III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.
Complete rules summary for Judge Francis A. Kahn III

Motion-submission-part adjournment requests must comply with the rules of that part.

Judge Kahn has no law clerks; questions and concerns should be directed to the part clerk by e-filed letter and email to the clerk's listed address.

All adjournment requests must be directed to the part clerk rather than chambers.

A preliminary or compliance conference may be adjourned once by consent for no more than 30 days, with an e-filed and emailed stipulation due at least 24 hours in advance; later requests require court approval or leave.

Motions pending in the Submissions Part are governed by that part's adjournment, scheduling, and withdrawal rules.

A calendared motion may be adjourned only by written stipulation of all parties submitted 48 hours in advance, with no letters accepted; same-day requests must be made in person and late requests may be rejected.

Adjournments of matters calendared in Part 32 must be confirmed with the part clerk by email.

Ex parte communications with the judge, court attorneys, or part clerk are prohibited, and all parties must be included in any such communication.

Only attorneys may place court-authorized calls to chambers, and all parties must be included before conferring with the judge or court attorney.

The part clerk and chambers must not be called for status updates or to inquire whether a decision has issued.

A calendared conference may be adjourned only with the consent of all parties through a written stipulation submitted 24 hours in advance.

An MFP conference adjournment requires the consent of all parties, a written e-filed stipulation submitted 48 hours in advance, email to the referees, and e-filing with the court.

The agreed stipulation must be e-filed and emailed to the part clerk at least 24 hours before the conference.

A calendared-motion adjournment stipulation must be e-filed and delivered to the part clerk by hand or email.

An MFP conference adjournment stipulation must be written, e-filed, emailed to the referees, and e-filed with the court.

Requests to adjourn an order to show cause must comply with rule I(A).

The Court alone decides whether oral argument will be heard.

A discovery motion may be calendared for a conference with the Court.

Each electronically filed exhibit must receive its own document number, and combining documents into one PDF may result in summary denial of the motion.

Every page of an exhibit must be numbered.

Every exhibit reference must contain a pinpoint citation identifying the exact exhibit page.

Each exhibit must have protruding tabs that identify it.

Each electronically submitted exhibit must be identified and described in its heading.

A memorandum of law must be separated from the other filed papers.

Citations to deposition testimony must identify the transcript page and line numbers.

The entire deposition transcript must be provided rather than excerpts.

References to other voluminous exhibits must include Bates stamps or another pinpoint citation identifying the exact location within the exhibit.

The Court will not accept additional submissions after a motion is fully submitted.

Letters concerning pending motions submitted after oral argument or submission will be returned to counsel.

Instead of filing a discovery motion, parties are encouraged to request a conference by e-filing a NYSCEF letter, although the Court may decline the conference.

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