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 Gerald Lebovits

- **Address:** 60 Centre Street, New York, NY 10007 - **Part:** Part 7 General IAS Part - **Chambers:** Room 556 - **Chambers Phone:** (646) 386-3074 - **Courtroom:** Room 345 - **Courtroom Phone:** (646) 386-3746 - **Assistant Law Clerk:** Rachel Miller, Esq. - **Law Clerk:** Mark H. Shawhan, Esq.

Common questions about Judge Gerald Lebovits's rules

Does Judge Gerald Lebovits require a pre-motion conference or letter before filing a motion?

Judge Gerald Lebovits's rules set a pre-motion procedure for summary judgment, cplr 3212, and cplr 3213. Discovery continues while a CPLR 3212 or CPLR 3213 motion is pending unless the court orders otherwise.

View ruleSource: page 3, section IV.E. Summary-Judgment Motions

What page or word limits apply to trial memorandum before Judge Gerald Lebovits?

Judge Gerald Lebovits' rule states these limits: 5 pages. The trial memorandum must not exceed five pages.

View ruleSource: page 5, section VI.A. General Trial Procedure

What formatting rules apply to filings before Judge Gerald Lebovits?

Judge Gerald Lebovits' formatting rule includes file format docx and submit simultaneously to mr. shawhan at mhshawha@nycourts.gov and to opposing counsel.. Proposed jury charges and verdict sheets must be submitted simultaneously in Word to Mr. Shawhan by email and to opposing counsel.

View ruleSource: page 5, section VI.B. Jury Trials

What must be included with motion filings before Judge Gerald Lebovits?

The rule identifies required filing content or certificates. The first page of every motion-related paper, including notices, oppositions, replies, and exhibits, must show the applicable motion sequence number.

View ruleSource: page 2, section IV.A. General

What must be included with exhibit filings before Judge Gerald Lebovits?

The rule identifies required filing content or certificates. Every exhibit must be numbered.

View ruleSource: page 2, section IV.A. General

How may parties contact Judge Gerald Lebovits' chambers?

The rule addresses email communications with Judge Gerald Lebovits' clerk. A party that uploads a document requiring court or Part Clerk attention must notify the Part Clerk by email because those offices do not receive NYSCEF notifications.

View ruleSource: page 1, section II. Communications with Chambers and the Part Clerk

How do I request an adjournment or extension before Judge Gerald Lebovits?

Advance notice is not fully stated in the structured details. The request must include emergency nature. Court-scheduled trial dates are firm and may be adjourned only by application based on an emergency.

View ruleSource: page 5, section VI.A. General Trial Procedure

Does Judge Gerald Lebovits require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Counsel should not combine all motion papers in one PDF under one document number, and each e-filed document must receive its own docket number.

View ruleSource: page 2, section IV.A. General

Is electronic filing required before Judge Gerald Lebovits?

Yes. Electronic filing is required for the covered filings. After a motion is withdrawn or a case ends, all affected parties must execute and e-file a stipulation, and the filing party must promptly notify the Part Clerk by email.

View ruleSource: page 1, section II. Communications with Chambers and the Part Clerk

What filing deadlines does Judge Gerald Lebovits set?

A party filing an adjournment stipulation on the motion’s return date must check eCourts and, if the motion was not adjourned, ask the Part Clerk to have the court refrain from deciding it until the agreed return date.

View ruleSource: page 2, section IV.A. General
Complete rules summary for Judge Gerald Lebovits

A party that uploads a document requiring court or Part Clerk attention must notify the Part Clerk by email because those offices do not receive NYSCEF notifications.

Parties may not contact chambers or the Part Clerk to request oral argument after a motion is fully submitted; the court decides whether argument is warranted.

Scheduling questions and adjournment requests should initially be directed to the Part Clerk by telephone or email rather than to chambers.

Ex parte communications are prohibited, and any email to chambers must copy every party who has appeared.

Ex parte communications are prohibited, and chambers calls beyond brief administrative or logistical matters must include all parties.

Counsel may email chambers, copying all parties, to seek guidance or request a conference, but email litigation is disfavored.

The court should not be copied on correspondence directed only to opposing counsel.

After a motion is withdrawn or a case ends, all affected parties must execute and e-file a stipulation, and the filing party must promptly notify the Part Clerk by email.

After filing the required executed stipulation for a withdrawal or case disposition, the filing party must promptly notify the Part Clerk by email.

Parties may not telephone the Part Clerk for a status update or to ask whether a decision has issued because decisions and orders are available through NYSCEF or SCROLL.

Part 7 operates through e-filing, and working hard copies are neither required nor permitted.

A party that uploads a document requiring court attention, including a stipulation to be so ordered, must telephone or email the Part Clerk.

A party filing an adjournment stipulation on the motion’s return date must check eCourts and, if the motion was not adjourned, ask the Part Clerk to have the court refrain from deciding it until the agreed return date.

To withdraw a motion after it leaves the Submissions Part, counsel must immediately inform the Part Clerk and e-file a stipulation executed by all affected parties.

Counsel seeking to withdraw a motion after it leaves the Submissions Part must immediately inform the Part Clerk.

The first page of every motion-related paper, including notices, oppositions, replies, and exhibits, must show the applicable motion sequence number.

Counsel should not combine all motion papers in one PDF under one document number, and each e-filed document must receive its own docket number.

When a motion is supported by a memorandum of law, the memorandum should be filed before the attorney affirmation and attached exhibits.

Every exhibit must be numbered.

An exhibit reference must state the exhibit’s NYSCEF docket number and the exact cited page within that exhibit.

The NYSCEF docket entry for every e-filed exhibit must describe the document contained in the exhibit.

After motions are fully submitted, parties may file further submissions only with court leave, requested by email to chambers with copies to all parties; such filings are strongly discouraged.

A request for leave to make a further submission after full submission must be emailed to chambers with copies to all parties.

Proposed orders to show cause should be electronically filed whenever electronic filing is permitted.

Questions about electronic filing of proposed orders to show cause should be directed by telephone to the Ex Parte Office at 646-386-3125.

Except in exigent circumstances, the court will not act on a proposed order to show cause until the Ex Parte Office completes its form review and provides the order to the Part.

A party seeking interim relief in an order to show cause must give advance notice to the adversary or explain why notice was not provided.

The court discourages adjournment of orders to show cause.

The court discourages filing discovery or disclosure motions.

A party may request an expedited telephone conference about a disclosure dispute, but the court will grant and conduct the conference only at its discretion.

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