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.

More categories

View all New York Supreme Court, New York County rules
About Judge Ilana J. Marcus

- **Address:** 80 Centre Street, New York, NY 10013 - **Part:** Part 5 City and Transit Part - **Chambers:** Room 320 - **Chambers Phone:** (646) 386-4969 - **Courtroom:** Room 320 - **Courtroom Phone:** (646) 386-3374 - **Law Clerk:** Anthony Graniere, Esq. - **Assistant Law Clerk:** Nora Kelly, Esq.

Common questions about Judge Ilana J. Marcus's rules

Does Judge Ilana J. Marcus require a pre-motion conference or letter before filing a motion?

Judge Ilana J. Marcus's rules set a pre-motion procedure for covered motions. A request for judicial intervention must be made by motion or on the record during a courtroom appearance.

View ruleSource: page 1, section General

What must be included with memorandum of law filings before Judge Ilana J. Marcus?

The rule identifies required filing content or certificates. A memorandum of law is required for every motion for summary judgment.

View ruleSource: page 3, section Motion Practice

How may parties contact Judge Ilana J. Marcus' chambers?

The Part and Chambers must not be contacted by phone or email for substantive litigation inquiries, and judicial intervention must be requested by motion or on the record in court.

View ruleSource: page 1, section General

How do I request an adjournment or extension before Judge Ilana J. Marcus?

Requests should be made at least 2 business days in advance when this rule applies before Judge Ilana J. Marcus. An adjournment request must be made at least two business days before the scheduled appearance.

View ruleSource: page 1, section Adjournments

Is electronic filing required before Judge Ilana J. Marcus?

Yes. Electronic filing is required for the covered filings. Correspondence to the court and documents requiring the judge’s signature must be electronically filed and separately emailed to the Part Clerk because NYSCEF upload does not notify Chambers.

View ruleSource: page 1, section General

What filing deadlines does Judge Ilana J. Marcus set?

Summary-judgment motions must be filed within 120 days after the note of issue is filed.

View ruleSource: page 3, section Motion Practice

What rule applies to service for notice of court appearance before Judge Ilana J. Marcus?

The rule addresses service method, recipient, or timing requirements. Details: method: e-service. Notices of court appearances are provided through the New York State Unified Court System’s eCourts website.

View ruleSource: page 1, section General
Complete rules summary for Judge Ilana J. Marcus

The Part and Chambers must not be contacted by phone or email for substantive litigation inquiries, and judicial intervention must be requested by motion or on the record in court.

Parties must immediately email the Part Clerk when a case, claim, or pending motion is settled or resolved.

Correspondence to the court and documents requiring the judge’s signature must be electronically filed and separately emailed to the Part Clerk because NYSCEF upload does not notify Chambers.

Court correspondence and documents requiring judicial signature must also be emailed to the Part Clerk.

Notices of court appearances are provided through the New York State Unified Court System’s eCourts website.

Counsel and pro se parties must monitor eCourts and are encouraged to use eTrack for case tracking.

A request for judicial intervention must be made by motion or on the record during a courtroom appearance.

The former SFC-Part5 email address is no longer monitored, and the Part Clerk must be contacted at SFC-Part5-Clerk@nycourts.gov.

Chambers and the Part must not be called regarding adjournments.

An adjournment request must be made at least two business days before the scheduled appearance.

Before seeking a courtroom-appearance adjournment from the court, the requesting attorney must first seek consent from all adversaries.

Courtroom-appearance adjournment requests must be filed through NYSCEF and emailed to the Part Clerk with all parties included.

The email notifying the Part Clerk of a courtroom-appearance adjournment request must include all parties.

A courtroom-appearance adjournment request supported by all parties must include a fully executed stipulation stating the reason.

If consent is withheld for a courtroom-appearance adjournment, the requesting attorney may submit an affirmation, or a pro se party may submit a letter, stating the reason and detailing consent efforts.

Deposition-appearance adjournment requests must be filed through NYSCEF and emailed to the Part Clerk with all parties included.

A consented motion-submission appearance adjournment must be requested through NYSCEF by filing a fully executed stipulation stating the reason.

A fully executed stipulation requesting a consented motion-submission appearance adjournment must be filed through NYSCEF.

For an unconsented motion-submission appearance adjournment, an attorney affirmation or a pro se party’s letter may replace a stipulation.

A motion-submission appearance adjournment request that seeks a return date more than 60 days after the initial date or lacks consent must be emailed to the Part Clerk with all parties included.

Discovery conferences in the City Part are scheduled by the DCM rather than the individual assignment parts.

The DCM Clerk will issue a scheduling order or schedule a preliminary conference based on the RJI filing date.

To the maximum extent possible, discovery disputes should be resolved informally through conferences rather than motion practice.

Parties must meet and confer regarding every discovery dispute under the applicable Uniform Civil Rules.

If a discovery dispute remains unresolved after meet and confer, a party must email the Part Clerk to request a conference with the court before filing a discovery motion.

Before filing a discovery motion, an unresolved dispute must be raised by email to the Part Clerk with a request for a conference with the court.

Summary-judgment motions must be filed within 120 days after the note of issue is filed.

A memorandum of law is required for every motion for summary judgment.

Part 5 is paperless, and hard copies of electronically filed motions are not required.

To withdraw a fully submitted Part 5 motion, electronically file a withdrawal stipulation or letter in NYSCEF and immediately email the Part Clerk.

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