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 John J. Kelley

- **Education:** Received his undergraduate degree from Ithaca College in 1984 - **Education:** Received his law degree from George Mason University School of Law in 1987 (Law Review) - **Prior position:** From 1993 until 2002, served as Town Justice in Livonia, New York - **Elected:** After his 2013 election as Judge of the Civil Court, New York County - **Prior position:** Appointed by Chief Administrative Judge A. Gail Prudenti to the Bronx Family Court, serving there from 2014 to 2016 - **Prior position:** In 2016, Chief Administrative Judge Lawrence K. Marks appointed him to the Kings County Civil Court, and then to New York County Civil Court in 2017 - **Appointed:** In 2018, appointed to the Supreme Court, New York County, as an Acting Supreme Court Justice - **Prior position:** Assistant Attorney General in the Claims Bureau of the Attorney General's Office from 2002 to 2007 and from 2010 to 2013 - **Prior position:** Served as Livingston County Public Defender from 1992 to 1993 - **Prior position:** Attorney of Record at the New York Liquidation Bureau from 2007 to 2010

- **Address:** 71 Thomas Street, New York, NY 10013 - **Part:** Part 56 Medical Malpractice IAS Part - **Chambers:** Room 204 - **Chambers Phone:** (646) 386-5318 - **Courtroom:** Room 204 - **Courtroom Phone:** (646) 386-5281

Common questions about Judge John J. Kelley's rules

Does Judge John J. Kelley require a pre-motion conference or letter before filing a motion?

Judge John J. Kelley's rules set a pre-motion procedure for covered motions. Until further notice, motions are decided on papers without oral argument, except motions to relieve counsel, which require remote oral argument through Microsoft Teams.

View ruleSource: page 2, section II. Motions

What formatting rules apply to filings before Judge John J. Kelley?

Judge John J. Kelley's formatting rule includes must be emailed to the court at lagoldbe@nycourts.gov and hbarry@nycourts.gov and must be in editable ms word (.doc or .docx) format. Proposed jury charges and verdict sheets must be emailed to the Court in editable MS Word .doc or .docx format.

View ruleSource: page 8, section IX. Trial

What must be included with settlement conference fact statement filings before Judge John J. Kelley?

The rule identifies required filing content or certificates. Before the mediation-style settlement conference, the parties must submit a short written statement of the action's underlying facts to the Part 56 Part Clerk.

View ruleSource: page 6, section VII. Settlement Conferences

What must be included with motion in limine filings before Judge John J. Kelley?

The rule identifies required filing content or certificates. Counsel must submit motions in limine and trial memoranda in writing no later than the first day of jury selection.

View ruleSource: page 7, section VIII. Trial Preparation

How may parties contact Judge John J. Kelley's chambers?

Disputed issues may not be litigated by letter or email unless the court directs otherwise, and generally must be raised through a properly noticed motion or duly scheduled conference.

View ruleSource: page 1, section I. Contacting the Court

How do I request an adjournment or extension before Judge John J. Kelley?

Advance notice is not fully stated in the structured details. Parties must meet a court-directed discovery conference order deadline unless they request an extension from the Part Clerk.

View ruleSource: page 4, section V. Discovery Conferences and Disputes

Is electronic filing required before Judge John J. Kelley?

Yes. Electronic filing is required for the covered filings. A stipulated adjournment of a motion or special proceeding must be uploaded as a signed writing to NYSCEF with the prescribed drop-down designation.

View ruleSource: page 2, section II. Motions

What filing deadlines does Judge John J. Kelley set?

Within 15 days after entry of a so-ordered caption-amendment stipulation, a party as directed by the court must serve the Trial Support Office through NYSCEF and separately file and upload a second copy with the required CPLR 8019(c) notice on Form EF-22.

View ruleSource: page 3, section III. Stipulations Other Than for Adjournments
Complete rules summary for Judge John J. Kelley

Disputed issues may not be litigated by letter or email unless the court directs otherwise, and generally must be raised through a properly noticed motion or duly scheduled conference.

Parties must not contact chambers or the justice's law clerks directly unless the court directs them to do so.

Attorneys and unrepresented parties generally may not send letters or emails to the court, but may email the Part Clerk for scheduling or logistics, motion withdrawal or case settlement or discontinuation, or a deposition ruling.

Every letter or email sent to the Part Clerk must be copied to all other attorneys or unrepresented parties appearing in the action.

Attorneys and unrepresented parties may not discuss the merits of a case with the Part Clerk by email or telephone.

Attorneys and unrepresented parties may not request legal advice or guidance from the court, the Part Clerk, or the justice's law clerks.

Telephone calls to the Part Clerk are permitted only for scheduling or logistics, notice of motion withdrawal or case settlement or discontinuation, or requests for deposition rulings.

When available, the Part Clerk must forward a telephone request for a deposition ruling to the justice or a law clerk.

Attorneys and unrepresented parties may not telephone chambers, including the justice's law clerks, unless expressly directed to do so.

A represented party may not contact the court directly, and only the party's attorney may contact the court on its behalf unless the court directs otherwise.

Until further notice, motions are decided on papers without oral argument, except motions to relieve counsel, which require remote oral argument through Microsoft Teams.

An attorney moving to be relieved as counsel must immediately email the client's telephone number and email address to the Part Clerk after serving the motion papers.

The court may permit oral argument in other matters upon good cause, which requires explaining why the papers alone cannot fully apprise the court of the contested issues.

A stipulated adjournment of a motion or special proceeding must be uploaded as a signed writing to NYSCEF with the prescribed drop-down designation.

A judge must sign a stipulated adjournment when the new return date is more than 60 days after the initial date, but the Motion Support Office forwards the upload and no separate direct submission is needed.

When the opposing party refuses to stipulate to an adjournment, the requesting party may email a written request to the court through the Part Clerk.

If the court grants a written adjournment request, it will so order the application or enter an interim order adjourning the motion or petition's return date.

A motion or special proceeding may be initiated by order to show cause only when a statute requires it or emergency interim relief is sought.

A discontinuance stipulation signed by every represented party's attorney and every unrepresented party must be uploaded to NYSCEF.

A discontinuance stipulation lacking some required signatures must be uploaded to NYSCEF and mailed or emailed to the Part 56 Part Clerk with a request that the court so order it.

A stipulation to amend the case caption must be uploaded to NYSCEF and emailed to the Part Clerk with a request that the court so order it.

Within 15 days after entry of a so-ordered caption-amendment stipulation, a party as directed by the court must serve the Trial Support Office through NYSCEF and separately file and upload a second copy with the required CPLR 8019(c) notice on Form EF-22.

A request for a so-ordered subpoena requires uploading the proposed subpoena to NYSCEF and mailing or emailing it to the Part 56 Part Clerk with a request that the court so order it.

A signed so-ordered subpoena may be uploaded to NYSCEF and emailed to the requesting attorney or unrepresented party, or must be retrieved in court as directed.

Proposed jury charges and verdict sheets must be emailed to the Court in editable MS Word .doc or .docx format.

The plaintiff must complete the proposed discovery conference order, leave the designated date fields blank, and email the completed order to the Part Clerk.

Parties must not upload a proposed discovery conference order to NYSCEF.

If the parties cannot agree on a discovery conference order, they must request a conference by contacting the Part Clerk.

Parties must meet a court-directed discovery conference order deadline unless they request an extension from the Part Clerk.

If the parties resolve a discovery dispute before the scheduled remote conference, they must contact the Part Clerk and cancel the conference.

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