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 Kathleen Waterman-Marshall

- **Education:** B.A. in the Honors Program in Liberal Studies, Adelphi University - **Education:** Graduate of Benjamin N. Cardozo School of Law - **Prior position:** Adjunct Professor of Law in the Legal Writing Department of Cardozo Law School since 2016 - **Elected:** Began her judicial career in January 2019, upon her election to the NYC Civil Court - **Prior position:** Acting Family Court Judge in Kings County Family Court - **Appointed:** In December 2021, appointed to Supreme Court Justice status in New York County - **Prior position:** Trial attorney for twenty years before becoming a judge - **Prior position:** Taking a position as the Principal Law Clerk to Supreme Court Justice Arthur F. Engoron in 2014 - **Prior position:** In 2010, transitioned from the private to the public sector, taking a position in a non-profit law firm that represented children in high conflict custody and neglect proceedings

- **Address:** 60 Centre Street, New York, NY 10007 - **Part:** Part 31 General IAS Trial Part - **Chambers:** Room 660 - **Chambers Phone:** (646) 386-4289 - **Courtroom:** Room 335 - **Courtroom Phone:** (646) 386-4296 - **Assistant Law Clerk:** Mary S. Tan, Esq. - **Principal Law Clerk:** David Collins, Esq.

Common questions about Judge Kathleen Waterman-Marshall's rules

Does Judge Kathleen Waterman-Marshall require a pre-motion conference or letter before filing a motion?

Judge Kathleen Waterman-Marshall's rules set a pre-motion procedure for covered motions. Opposed, fully submitted substantive motions will be argued in person in Courtroom 355 unless otherwise directed, while unopposed motions will not be scheduled for oral argument.

View ruleSource: page 3, section MOTIONS

What must be included with preliminary conference order filings before Judge Kathleen Waterman-Marshall?

The rule identifies required filing content or certificates. Parties must confer on all discovery matters and email the part clerk an agreed-upon, signed draft PCO by noon on the day before the preliminary conference.

View ruleSource: page 2, section DISCOVERY CONFERENCES ORDERS

What must be included with joint discovery plan filings before Judge Kathleen Waterman-Marshall?

The rule identifies required filing content or certificates. In complex discovery cases, counsel must submit a joint discovery plan with the PCO containing specified issue, discovery, disclosure, disputes, witness, non-party discovery, and ESI information, after which it will be so ordered and uploaded to NYSCEF.

View ruleSource: page 2, section DISCOVERY CONFERENCES ORDERS

How may parties contact Judge Kathleen Waterman-Marshall's chambers?

Ex parte communications with the court are strictly prohibited, and correspondence must include counsel for all parties and all self-represented parties.

View ruleSource: page 1, section COMMUNICATIONS

How do I request an adjournment or extension before Judge Kathleen Waterman-Marshall?

Advance notice is not fully stated in the structured details. Discovery-conference adjournment requests must be made at least one week before the conference unless an emergency exists, and same-day attorney consent adjournments are not accepted.

View ruleSource: page 2, section APPEARANCES AT SCHEDULED DISCOVERY CONFERENCES

Is electronic filing required before Judge Kathleen Waterman-Marshall?

Yes. Electronic filing is required for the covered filings. Letters to the judge must be filed through NYSCEF.

View ruleSource: page 2, section COMMUNICATIONS

What filing deadlines apply to stipulation and notice filings before Judge Kathleen Waterman-Marshall?

Counsel must notify the court as soon as practicable after settlement or resolution of an active case or pending motion.

View ruleSource: page 2, section COMMUNICATIONS

What rule applies to service for letter before Judge Kathleen Waterman-Marshall?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties, timing: at filing. Copies of letters to the judge must be emailed simultaneously with filing to all counsel and self-represented parties.

View ruleSource: page 2, section COMMUNICATIONS

Does Judge Kathleen Waterman-Marshall encourage junior lawyer participation?

Yes. Judge Kathleen Waterman-Marshall's rules include a junior lawyer participation incentive. Courtroom participation by attorneys who enhance diversity in the bar or have been admitted for fewer than five years is strongly encouraged through speaking and leading roles, including oral argument or lead participation in discovery or settlement conferences.

View ruleSource: page 1, section GENERAL
Complete rules summary for Judge Kathleen Waterman-Marshall

Courtroom participation by attorneys who enhance diversity in the bar or have been admitted for fewer than five years is strongly encouraged through speaking and leading roles, including oral argument or lead participation in discovery or settlement conferences.

Ex parte communications with the court are strictly prohibited, and correspondence must include counsel for all parties and all self-represented parties.

Written appearance and status inquiries, conference scheduling and adjournment requests, proposed conference orders, and stipulations should be directed to the part clerk.

Telephone calls should be directed to the part clerk at the courtroom number, while calls to chambers are prohibited except in an emergency.

Letters to the judge are strongly discouraged except in an emergency and, when submitted, must be filed on NYSCEF with simultaneous email copies to all counsel and self-represented parties.

Letters to the judge must be filed through NYSCEF.

Copies of letters to the judge must be emailed simultaneously with filing to all counsel and self-represented parties.

Counsel must notify the court as soon as practicable of a settlement or resolution of an active case or pending motion by filing a stipulation or notice through NYSCEF.

Counsel must notify the court as soon as practicable after settlement or resolution of an active case or pending motion.

Parties must confer on all discovery matters and email the part clerk an agreed-upon, signed draft PCO by noon on the day before the preliminary conference.

The draft preliminary conference order must be emailed to the part clerk by noon on the preceding day.

The agreed draft PCO must be emailed to the part clerk no later than 12:00 noon on the day before the preliminary conference.

After the judge signs the PCO, the part clerk will upload it to NYSCEF.

EBT dates must be no later than four months after the PCO date.

The compliance conference must occur six months after the PCO date.

The note of issue is due 12 months after the PCO for standard discovery and 15 months after the PCO for complex discovery.

In complex discovery cases, counsel must submit a joint discovery plan with the PCO containing specified issue, discovery, disclosure, disputes, witness, non-party discovery, and ESI information, after which it will be so ordered and uploaded to NYSCEF.

The joint discovery plan will be so ordered and uploaded to NYSCEF with the PCO.

Parties must confer on outstanding discovery and email the part clerk an agreed, signed draft CCO or SCO by noon on the preceding day.

The draft CCO or SCO must be emailed to the part clerk no later than 12:00 noon on the day before the applicable conference.

After the judge signs a CCO or SCO, the part clerk will upload it to NYSCEF.

The status conference must be held six months after the CCO date or the most recent SCO date.

If parties cannot agree on a PCO, CCO, or SCO after good-faith efforts, they must appear in person with a proposed order completed except for the disputed issue.

Discovery-conference adjournment requests must be made at least one week before the conference unless an emergency exists, and same-day attorney consent adjournments are not accepted.

Notices to Produce, Notices to Admit, Interrogatories, and their written responses must be filed through NYSCEF, but produced documents are excluded.

When ESI production is disputed, the parties must exchange an ESI protocol.

All papers must state the motion sequence number whenever one is available.

A summary judgment motion must be electronically filed no later than 60 days after the Notice of Issue is filed.

Counsel are strongly encouraged, but not required, to submit a proposed default judgment order explaining the basis for granting relief or denying an opposed motion.

Opposed, fully submitted substantive motions will be argued in person in Courtroom 355 unless otherwise directed, while unopposed motions will not be scheduled for oral argument.

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