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 Joel M. Cohen

- **Appointed:** Appointed to the Court of Claims by Governor Andrew Cuomo in June 2018 - **Acting Justice:** Designated an Acting Supreme Court Justice in New York County by Chief Administrative Judge Lawrence K. Marks - **Assigned:** Assigned to the Commercial Division, New York County, as of January 1, 2019 - **Education:** B.A. in Economics, Binghamton University, 1983 - **Education:** J.D. summa cum laude, Georgetown University Law Center, 1986 - **Prior position:** Litigation partner at Davis Polk & Wardwell LLP from 1996 until June 2018 - **Prior position:** Associate at Davis Polk & Wardwell LLP and, earlier, a law clerk for Judge Thomas A. Clark of the United States Court of Appeals for the Eleventh Circuit

- **Address:** 60 Centre Street, New York, NY 10007 - **Part:** Part 3 Commercial Division - **Chambers:** Room 655 - **Chambers Phone:** (646) 386-4927 - **Courtroom:** Room 208 - **Courtroom Phone:** (646) 386-3287 - **Assistant Law Clerk:** Julia Remick - **Commercial Division Law Clerk:** Andrew Hallowell - **Principal Law Clerk:** Tiffany Klinger, Esq.

Common questions about Judge Joel M. Cohen's rules

Are courtesy copies required for Judge Joel M. Cohen?

Judge Cohen does not accept working or courtesy copies of documents.

View ruleSource: page 2, section III. SUBMISSION OF DOCUMENTS

Does Judge Joel M. Cohen require a pre-motion conference or letter before filing a motion?

The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. 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.

View ruleSource: page 3, section VI. MOTION PRACTICE

What page or word limits apply to joint letter before Judge Joel M. Cohen?

Judge Joel M. Cohen's rule states these limits: 3 pages. The required compliance-conference joint letter may not exceed three pages and must be single-spaced.

View ruleSource: page 2, section IV. CONFERENCES

What page or word limits apply to settlement position statement before Judge Joel M. Cohen?

Judge Joel M. Cohen's rule states these limits: 3 pages. 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.

View ruleSource: page 5, section IX. SETTLEMENT CONFERENCES

What formatting rules apply to filings before Judge Joel M. Cohen?

Judge Joel M. Cohen's formatting rule includes file format docx and submission should be by email to chambers at sfc-part3@nycourts.gov. Proposed jury instructions must be submitted in Word format.

View ruleSource: page 6, section X. TRIAL RULES

What must be included with joint letter filings before Judge Joel M. Cohen?

The rule identifies required filing content or certificates. 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.

View ruleSource: page 2, section IV. CONFERENCES

What must be included with preliminary conference order filings before Judge Joel M. Cohen?

The rule identifies required filing content or certificates. 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.

View ruleSource: page 2, section IV. CONFERENCES

How may parties contact Judge Joel M. Cohen's chambers?

The rule addresses phone communications with Judge Joel M. Cohen's chambers. The rule lists phone 646-386-4927. Chambers does not accept unsolicited external calls or voicemails without advance approval and scheduling, and telephone-conference requests may be made by email.

View ruleSource: page 2, section II. COMMUNICATION WITH CHAMBERS

How do I request an adjournment or extension before Judge Joel M. Cohen?

Advance notice is not fully stated in the structured details. The request must include previous requests granted or denied. 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.

View ruleSource: page 4, section VII. DISCOVERY

Does Judge Joel M. Cohen require motion papers to be bundled?

Bundling is encouraged for covered papers before Judge Joel M. Cohen. 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.

View ruleSource: page 3, section VI. MOTION PRACTICE

Is electronic filing required before Judge Joel M. Cohen?

Yes. Electronic filing is required for the covered filings. 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.

View ruleSource: page 2, section II. COMMUNICATION WITH CHAMBERS

What filing deadlines apply to letter filings before Judge Joel M. Cohen?

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.

View ruleSource: page 2, section IV. CONFERENCES

Does Judge Joel M. Cohen encourage junior lawyer participation?

Yes. Judge Joel M. Cohen's rules include a junior lawyer participation incentive. The Court strongly encourages substantive courtroom participation by women, diverse lawyers, and attorneys with five years or less of practice experience.

View ruleSource: page 1, section I. GENERAL
Complete rules summary for Judge Joel M. Cohen

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.

The Court strongly encourages substantive courtroom participation by women, diverse lawyers, and attorneys with five years or less of practice experience.

Procedural, scheduling, and logistical communications to Chambers may be sent by email to sfc-part3@nycourts.gov, with counsel for all parties copied.

Chambers does not accept unsolicited external calls or voicemails without advance approval and scheduling, and telephone-conference requests may be made by email.

A request for a telephone conference may be submitted by email.

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.

Part 3 is an electronic-filing part.

Judge Cohen does not accept working or courtesy copies of documents.

Copies of proposed orders to show cause, proposed orders, proposed judgments, and post-trial briefs should be emailed to Chambers in Word format.

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.

Certain information must be exchanged in advance of the Preliminary Conference under Commercial Division Rule 11(a)-(c).

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.

The required compliance-conference joint letter may not exceed three pages and must be single-spaced.

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.

The required status-conference joint letter may not exceed three pages and must be single-spaced.

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.

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.

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.

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.

Exhibits to motions must be uploaded individually to NYSCEF and clearly labeled with their identifying information.

After hearings on motions, the parties must obtain and upload the hearing transcript to NYSCEF.

After good-faith efforts to resolve a discovery dispute, the parties must coordinate a single Rule 14 submission containing the initial and responsive letters.

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.

Parties should exchange witness lists at least five business days before an evidentiary hearing unless the Court directs otherwise.

Hearing witnesses are limited to persons who submitted a motion-related affidavit or whom the opposing side had an opportunity to depose.

Parties should pre-mark proposed exhibits as JX-#, PX-#, or DX-# and agree to joint exhibits (JX) when possible.

A flashdrive containing the proposed exhibits should be delivered to the Part Clerk in Courtroom 208.

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.

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 must submit a joint settlement-conference letter no longer than five pages at least one week before the conference.

More Judges in New York Supreme Court, New York County

Adam Silvera
Judge
Aija Tingling
Judge
Alexander M. Tisch
Judge
Anar Rathod Patel
Judge
Andrea Masley
Judge
Andrew Borrok
Judge
Anna R. Lewis
Judge
Ariel D. Chesler
Judge