Judge Joel M. Cohen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Post Trial Brief
Proposed Order, Proposed Judgment, Post Trial Brief
Proposed Order
Court-wideAdjournments
- A request to extend the court-ordered discovery end date must be made before that end date and state how many prior extension requests were granted.
Request must include
Communication
Clerk4 contacts
- cc-nyef@nycourts.gov
- 646-386-3687
- 646-386-3682
- 646-386-3737
Chambers2 contacts
- sfc-part3@nycourts.gov
- 646-386-4927
Intake Unit1 contacts
- 646-386-3033
Page & Word Limits5 rules
Checked against the court's document on Oct 5, 2026Mandatory
The required compliance-conference joint letter may not exceed three pages and must be single-spaced.
At least seven days prior to the compliance conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth the status of discovery, describing any significant disputes to be addressed at the conference, whether there are any outstanding motions and/or appeals, and whether the parties have attempted Alternative Dispute Resolution or other efforts at settlement.
Joint Letter
3 pages
Checked against the court's document on Oct 5, 2026Mandatory
The required status-conference joint letter may not exceed three pages and must be single-spaced.
At least seven days prior to the status conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth a summary of the case, the current schedule for completion of discovery and filing Note of Issue, any proposed revisions to the schedule and reasons therefor,
Joint Letter
3 pages
Checked against the court's document on Oct 5, 2026Mandatory
Each party must submit a confidential ex parte settlement position statement of no more than three pages to Justice Cohen, and it will not be disclosed to the other party.
Additionally, each party is to submit a settlement position statement (no more than 3 pages) to Justice Cohen ex parte, which will be treated as confidential and in no way disclosed to the other party.
Settlement Position Statement
3 pages
Checked against the court's document on Oct 5, 2026Mandatory
The parties must submit a joint settlement-conference letter no longer than five pages at least one week before the conference.
In preparation for the conference, the parties must submit a joint letter (no more than 5 pages) at least one week before the conference, which outlines the remaining issues to be resolved and each parties’ general position on those issues.
Joint Letter
5 pages
Checked against the court's document on Oct 5, 2026Mandatory
Initial non-jury post-trial briefs are due two weeks after receipt of the transcript and may not exceed 7,000 words; replies may be filed one week later and may not exceed 4,200 words, with captions, tables of contents and authorities, and signature blocks excluded.
Two weeks after receiving the transcript in a non-jury trial, the parties are to submit post-trial briefs of up to 7,000 words (excluding caption, table of contents, table of authorities, and signature blocks). One week thereafter, the parties may file reply briefs of up to 4,200 words (subject to the same exclusions).
Post Trial Brief
7,000 words
Reply Brief
4,200 words
Document Format Requirements2 rules
Checked against the court's document on Oct 5, 2026Important
Proposed jury instructions must be submitted in Word format.
Proposed jury instructions, including the text of relevant PJI instructions, should be submitted by email to Chambers (sfc-part3@nycourts.gov) in Word format.
DOCX
Checked against the court's document on Oct 5, 2026Important
The courtesy copies of post-trial briefs sent to Chambers should be in Word format.
In addition to filing on NYSCEF, copies of the post-trial briefs in Word format should be emailed to Chambers at sfc-part3@nycourts.gov.
Document Filing Requirements26 rules
Checked against the court's document on Oct 5, 2026Mandatory
The compliance-conference joint letter must address discovery status, significant disputes for the conference, outstanding motions and appeals, and attempts at Alternative Dispute Resolution or other settlement efforts.
At least seven days prior to the compliance conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth the status of discovery, describing any significant disputes to be addressed at the conference, whether there are any outstanding motions and/or appeals, and whether the parties have attempted Alternative Dispute Resolution or other efforts at settlement.
Document Type
Joint Letter
Checked against the court's document on Oct 5, 2026Mandatory
Certain information must be exchanged in advance of the Preliminary Conference under Commercial Division Rule 11(a)-(c).
This Part hereby adopts the procedure set forth in Commercial Division Rule 11(a)-(c), which requires certain information to be exchanged in advance of the Preliminary Conference.
Document Type
Preliminary Conference Information Exchange
Checked against the court's document on Oct 5, 2026Mandatory
The status-conference joint letter must summarize the case, state the current discovery and Note of Issue schedule, and identify proposed schedule revisions and the reasons for them.
At least seven days prior to the status conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth a summary of the case, the current schedule for completion of discovery and filing Note of Issue, any proposed revisions to the schedule and reasons therefor,
Document Type
Joint Letter
Checked and corrected to match the court's document on Oct 5, 2026Mandatory
Parties must use the Part's standard Preliminary Conference Order, meet and confer, complete the order before the conference, and be prepared to address the topics in Commercial Division Rule 8.
Parties are to use this Part’s standard form Preliminary Conference Order. Copies are available on the Commercial Division website (https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Part3- Preliminary-Conference-Order.pdf), from the Part Clerk, or in the Courtroom. Parties are to meet and confer and fill out the Preliminary Conference Order in advance of the Conference and must be prepared to address the topics listed in Commercial Division Rule 8.
Document Type
Preliminary Conference Order
Checked against the court's document on Oct 5, 2026Mandatory
The joint settlement-conference letter must outline the remaining issues and each party's general position on those issues.
In preparation for the conference, the parties must submit a joint letter (no more than 5 pages) at least one week before the conference, which outlines the remaining issues to be resolved and each parties’ general position on those issues.
Document Type
Joint Letter
Checked against the court's document on Oct 5, 2026Mandatory
For jury trials, each party must provide a one- or two-sentence summary of its claims for use in the Court's preliminary jury instructions.
A short summary (one or two sentences) of each party’s claims to be used by the Court as part of the preliminary instructions to the jury; and
Document Type
Jury Claims Summary
Checked against the court's document on Oct 5, 2026Mandatory
Trial exhibits must be pre-marked in accordance with Commercial Division Rule 28.
Exhibits must be pre-marked in accordance with Commercial Division Rule 28.
Document Type
Exhibits
Checked against the court's document on Oct 5, 2026Mandatory
For multi-day trials, the parties must order a daily transcript copy during trial.
For multi-day trials, the Court requires that the parties order a daily copy of the transcript during trial.
Document Type
Daily Trial Transcript
Checked against the court's document on Oct 5, 2026Mandatory
By the first day of trial, counsel must provide the Court with a flash drive containing proposed exhibits and any witness-display binders.
On or before the first day of trial, counsel shall provide the Court with a flash drive containing copies of their proposed exhibits, as well as any binders of documents that will be shown to witnesses.
Document Type
Proposed Exhibits
Checked against the court's document on Oct 5, 2026Important
A flashdrive containing the proposed exhibits should be delivered to the Part Clerk in Courtroom 208.
Please have a flashdrive containing the proposed exhibits delivered to the Part Clerk in Courtroom 208.
Document Type
Exhibits
Checked and corrected to match the court's document on Oct 5, 2026Important
Parties should pre-mark proposed exhibits as JX-#, PX-#, or DX-# and agree to joint exhibits (JX) when possible.
Any proposed exhibits should be pre-marked (JX-#; PX-#, or DX-#) and the parties should agree to joint exhibits (JX) to the extent possible.
Document Type
Exhibits
Checked against the court's document on Oct 5, 2026Important
Proposed deviations from PJI instructions should be highlighted and explained, with citations to legal authority where appropriate.
Any proposed deviations from PJI instructions should be highlighted and explained, with citations to legal authority where appropriate.
Document Type
Proposed Jury Instructions
Checked against the court's document on Oct 5, 2026Important
The proposed jury instructions should include the text of the relevant PJI instructions.
Proposed jury instructions, including the text of relevant PJI instructions, should be submitted by email to Chambers (sfc-part3@nycourts.gov) in Word format.
Document Type
Proposed Jury Instructions
Checked against the court's document on Oct 5, 2026Important
Unobjected joint exhibits should be designated with the prefix JX followed by the exhibit number.
Joint exhibits (as to which there is no objection to admissibility) should be designated by JX followed by the number of the exhibit.
Document Type
Exhibits
Checked against the court's document on Oct 5, 2026Important
Proposed jury instructions should identify the instructions to which the parties have stipulated.
The submissions should note the instructions to which the parties have stipulated.
Document Type
Proposed Jury Instructions
Checked against the court's document on Oct 5, 2026Important
In a bench trial, the Court generally will not consider evidence first offered in post-trial briefs absent special circumstances.
In bench trial, the Court will only consider evidence that is raised or introduced during the trial itself. Absent special circumstances, evidence offered for the first time in post-trial briefs will not be considered.
Document Type
Post Trial Brief
Checked against the court's document on Oct 5, 2026Important
Initial post-trial briefs should provide proposed conclusions of law separately for each claim, counterclaim, crossclaim, and third-party claim.
iii. Proposed Conclusions of Law, separately for each cause of action (claim, counterclaim, crossclaim, and third-party claim)
Document Type
Post Trial Brief
Checked against the court's document on Oct 5, 2026Important
Flash drives should be marked with the case's short caption and index number.
Flash drives should be marked with the short caption and index number of the case.
Document Type
Flash Drive
Checked against the court's document on Oct 5, 2026Note
The initial post-trial briefs may include a preliminary statement.
i. Preliminary Statement (optional)
Document Type
Post Trial Brief
Not confirmed. Read the court's wording below.Mandatory?
C. Memoranda of Law. All motion papers (in support, opposition, and reply), whether by notice of motion or order to show case, must include a Memorandum of Law, subject to the word limits set forth in Commercial Division Rule 17. Wholesale incorporation by reference of an affidavit or other evidentiary material is not a substitute for including a Statement of Facts (with citations to the record) in the Memorandum of Law. Affidavits or Affirmations of counsel containing legal argument should not be submitted.
Summary: All supporting, opposition, and reply motion papers must include a Memorandum of Law with a cited Statement of Facts rather than incorporating evidentiary material by reference.
Document Type
Memorandum Of Law
Not confirmed. Read the court's wording below.Mandatory?
Witnesses at the hearing are limited to individuals who submitted an affidavit in connection with the motion and/or individuals who the other side has had an opportunity to depose.
Summary: Hearing witnesses are limited to persons who submitted a motion-related affidavit or whom the opposing side had an opportunity to depose.
Document Type
Witness List
Not confirmed. Read the court's wording below.Mandatory?
Additionally, each party is to submit a settlement position statement (no more than 3 pages) to Justice Cohen ex parte, which will be treated as confidential and in no way disclosed to the other party.
Summary: Each party's settlement position statement must be submitted ex parte to Justice Cohen and treated as confidential without disclosure to the opposing party.
Document Type
Settlement Position Statement
Not confirmed. Read the court's wording below.Mandatory?
Counsel shall provide the Court with a flash drive containing copies of the admitted exhibits, identified by exhibit number.
Summary: After trial, counsel must provide the Court with a flash drive containing copies of the admitted exhibits identified by exhibit number.
Document Type
Admitted Exhibits
Not confirmed. Read the court's wording below.Important?
v. Proposed Judgment.
Summary: Initial post-trial briefs should include a proposed judgment.
Document Type
Post Trial Brief
Not confirmed. Read the court's wording below.Important?
ii. Proposed Findings of Fact
Summary: Initial post-trial briefs should contain proposed findings of fact.
Document Type
Post Trial Brief
Not confirmed. Read the court's wording below.Important?
iv. Conclusion – including specific relief sought for each cause of action
Summary: The conclusion of each initial post-trial brief should identify the specific relief sought for each cause of action.
Document Type
Post Trial Brief
Filing & Service rules
Electronic Filing Rules
Part 3 is an electronic-filing part.
Part 3 is an e-filing Part.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 2 | III. SUBMISSION OF DOCUMENTS
Substantive-relief requests ordinarily must be filed on NYSCEF as motions, but a noncontroversial request that counsel believes can be resolved informally may instead be submitted by letter to all parties' counsel.
All communications seeking substantive relief from the Court must be filed on NYSCEF. If the matter is not controversial or counsel believe it can be resolved informally, the request may be made by letter, copying counsel for all parties. (See also Section VI below regarding pre-motion letters for discovery disputes.) Otherwise, requests for relief must be made by motion.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 2 | II. COMMUNICATION WITH CHAMBERS
After hearings on motions, the parties must obtain and upload the hearing transcript to NYSCEF.
I. Transcripts. Following all hearings on motions, the parties are to obtain a copy of the transcript and upload it to NYSCEF.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 4 | VI. MOTION PRACTICE
Exhibits to motions must be uploaded individually to NYSCEF and clearly labeled with their identifying information.
H. Exhibits. Exhibits to motions shall be uploaded to NYSCEF individually, with each Exhibit clearly labeled with its respective identifying information.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 4 | VI. MOTION PRACTICE
Counsel must electronically file trial transcripts after trial.
Counsel are to e-file the transcripts after trial.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 7 | F. Transcripts
After trial, counsel must electronically file a list of the exhibits admitted into evidence.
After trial, counsel shall e-file a list of the exhibits that were admitted into evidence.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 7 | Evidentiary Hearings
In addition to filing on NYSCEF, Word-format copies of post-trial briefs should be emailed to Chambers.
In addition to filing on NYSCEF, copies of the post-trial briefs in Word format should be emailed to Chambers at sfc-part3@nycourts.gov.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 7 | G. Post-Trial Briefs
Filing Timing and Cure Windows
At least seven days before a status conference, counsel must submit a joint, single-spaced letter of no more than three pages summarizing the case, discovery and Note of Issue schedule, and any proposed schedule changes and reasons.
At least seven days prior to the status conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth a summary of the case, the current schedule for completion of discovery and filing Note of Issue, any proposed revisions to the schedule and reasons therefor,
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 2 | IV. CONFERENCES
At least seven days before a compliance conference, counsel must submit a joint, single-spaced letter of no more than three pages addressing discovery status, significant disputes, outstanding motions or appeals, and settlement efforts.
At least seven days prior to the compliance conference, counsel shall submit a joint letter not exceeding three single-spaced pages setting forth the status of discovery, describing any significant disputes to be addressed at the conference, whether there are any outstanding motions and/or appeals, and whether the parties have attempted Alternative Dispute Resolution or other efforts at settlement.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 2 | IV. CONFERENCES
Direct testimony within an offering party's control must be submitted to the opposing parties and Court in affidavit or affirmation form at least three business days before the hearing.
Direct testimony of witness(es) within the offering party’s control shall be submitted to the opposing party(ies) and the Court in affidavit/affirmation form at least three business days prior to the hearing (Commercial Division Rule 32-a);
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 5 | VIII. EVIDENTIARY HEARINGS
The parties must submit the joint settlement-conference letter at least one week before the conference.
In preparation for the conference, the parties must submit a joint letter (no more than 5 pages) at least one week before the conference, which outlines the remaining issues to be resolved and each parties’ general position on those issues.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 5 | IX. SETTLEMENT CONFERENCES
A party intending to use a direct affidavit must provide the Court and all parties a copy at least three days before the witness is expected to testify.
Direct Affidavits: if the parties intend to use direct affidavits, the party must provide the Court and all parties a copy of the affidavit at least three (3) days before the witness is expected to testify.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 6 | X. TRIAL RULES
The listed pretrial submissions, marked pleadings, and joint statement of stipulated facts and procedural history must be submitted at least fourteen days before the final pretrial conference.
The submissions required under Commercial Division Rules 26, 27, 28, 29, 31(a), 31(b), and 32, plus marked pleadings and a Joint Statement of Stipulated Facts and Procedural History, shall be made at least fourteen days prior to the final Pre-Trial Conference.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 6 | X. TRIAL RULES
A motion in limine should be brought by order to show cause, with its reply brief due at least fourteen days before the final pretrial conference.
Motions in limine should be brought by Order to Show Cause with the reply brief being due at least fourteen days prior to the final Pre-Trial Conference.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 6 | X. TRIAL RULES
The specified jury-trial materials must be submitted at least fourteen days before the final pretrial conference.
In addition to the above, for jury trials the following materials shall be submitted at least fourteen days prior to the final Pre-Trial Conference:
Not confirmed. Read the court's wording below. · Civil cases
Page 6 | X. TRIAL RULES
Parties should exchange witness lists at least five business days before an evidentiary hearing unless the Court directs otherwise.
Witness lists should be exchanged between the parties at least five business days prior to the hearing.
Not confirmed. Read the court's wording below. · Civil cases
Page 5 | VIII. EVIDENTIARY HEARINGS
Courtesy Copy Requirements
Copies of proposed orders to show cause, proposed orders, proposed judgments, and post-trial briefs should be emailed to Chambers in Word format.
Copies of proposed orders to show cause, proposed orders, proposed judgments, and post-trial briefs should be e-mailed to Chambers at sfc-part3@nycourts.gov in Word format.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 2 | III. SUBMISSION OF DOCUMENTS
Judge Cohen does not accept working or courtesy copies of documents.
Judge Cohen does not accept working/courtesy copies of documents.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 2 | III. SUBMISSION OF DOCUMENTS
Word-format courtesy copies of post-trial briefs should be emailed to Chambers at sfc-part3@nycourts.gov.
In addition to filing on NYSCEF, copies of the post-trial briefs in Word format should be emailed to Chambers at sfc-part3@nycourts.gov.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 7 | G. Post-Trial Briefs
Filing Bundling Requirements
After good-faith efforts to resolve a discovery dispute, the parties must coordinate a single Rule 14 submission containing the initial and responsive letters.
B. Discovery motions are discouraged. If a dispute cannot be resolved after good faith efforts to meet and confer, the parties should proceed in accordance with Commercial Division Rule 14. The parties shall coordinate to make a single Rule 14 submission to the Court containing both the initial letter and any responsive letter(s).
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 4 | VII. DISCOVERY
Similarly situated parties should make reasonable efforts to consolidate briefing papers to avoid duplication, and the Court will consider requests to enlarge word limits for combined briefs.
D. Combined Briefs. Similarly situated parties (e.g., multiple defendants moving to dismiss on overlapping grounds) should make reasonable efforts to consolidate ===== PAGE 4 ===== their briefing papers to avoid duplication. The Court will consider requests to enlarge applicable word limitations to facilitate the filing of combined briefs.
Not confirmed. Read the court's wording below. · Civil cases
Page 3 | VI. MOTION PRACTICE
Pre-Motion Conference Requirements
Except for discovery motions, prior permission or pre-motion letters are not required before filing a motion, although parties may request a pre-motion conference for disputes likely to resolve quickly.
B. Pre-Motion Letters. Except for discovery motions (Section VI below), no prior permission or letters pursuant to Commercial Division Rule 24 are required before making a motion. If the parties believe the dispute may be resolved quickly without the need for formal motion practice, they can request a pre- motion conference.
Not confirmed. Read the court's wording below. · Civil cases
Page 3 | VI. MOTION PRACTICE
Adjournment & Extension Requirements
A request to extend the court-ordered discovery end date must be made before that end date and state how many prior extension requests were granted.
C. Requests for extension of the Court-ordered end date for discovery must be made prior to the end date and must state how many prior extension requests have been granted.
Not confirmed. Read the court's wording below. · Civil cases
Page 4 | VII. DISCOVERY
Chambers Communication Rules
Chambers does not accept unsolicited external calls or voicemails without advance approval and scheduling, and telephone-conference requests may be made by email.
Chambers will not accept external telephone calls (or voicemails) without prior approval and scheduling. Requests for a telephone conference may be made by email.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 2 | II. COMMUNICATION WITH CHAMBERS
Proposed jury instructions, including relevant PJI text, should be emailed to Chambers at the stated address in Word format.
Proposed jury instructions, including the text of relevant PJI instructions, should be submitted by email to Chambers (sfc-part3@nycourts.gov) in Word format.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 6 | X. TRIAL RULES
Procedural, scheduling, and logistical communications to Chambers may be sent by email to sfc-part3@nycourts.gov, with counsel for all parties copied.
All communications to Chambers regarding procedural, scheduling, and logistical matters may be made by email to sfc-part3@nycourts.gov, copying counsel for all parties.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 1 | II. COMMUNICATION WITH CHAMBERS
Settlement-conference submissions should be emailed to sfc-part3@nycourts.gov rather than filed on the docket.
All submissions should be made via email to sfc-part3@nycourts.gov, not filed to the docket.
Not confirmed. Read the court's wording below. · Civil cases
Page 6 | IX. SETTLEMENT CONFERENCES
A request for a telephone conference may be submitted by email.
Requests for a telephone conference may be made by email.
Not confirmed. Read the court's wording below. · Civil cases
Page 2 | II. COMMUNICATION WITH CHAMBERS
By consent, a party may request a settlement conference by emailing Chambers at the stated address or filing an NYSCEF letter at any time or under Commercial Division Rule 30(b)(1)(A).
The parties may, on consent, request a settlement conference by emailing Chambers at sfc-part3@nycourts.gov or filing a letter on NYSCEF at any time or pursuant to Commercial Division Rule 30(b)(1)(A).
Not confirmed. Read the court's wording below. · Civil cases
Page 5 | IX. SETTLEMENT CONFERENCES
Junior Lawyer Participation Incentives
The Court strongly encourages substantive courtroom participation by women, diverse lawyers, and attorneys with five years or less of practice experience.
The Court strongly encourages substantive participation in court proceedings by women and diverse lawyers, who historically have been underrepresented in the commercial bar, as well as by lawyers who have been practicing for five years or less.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 1 | I. GENERAL