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 Linda M. Capitti

- **Address:** 60 Centre Street, New York, NY 10007 - **Part:** Part 9 Matrimonial Part - **Chambers:** Room 519 - **Chambers Phone:** (646) 386-3163 - **Courtroom:** Room 355 - **Courtroom Phone:** (646) 386-3848 - **Assistant Law Clerk:** Alex Snow, Esq. - **Law Clerk:** Michele E. Rubin, Esq.

Common questions about Judge Linda M. Capitti's rules

Are courtesy copies required for Judge Linda M. Capitti?

Details: by email. A courtesy copy of the stipulation must be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9.

View ruleSource: page 1, section II. ADJOURNMENTS

Does Judge Linda M. Capitti require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for covered motions before Judge Linda M. Capitti. When good-faith efforts to resolve an issue are unsuccessful, counsel must request a pre-motion conference by letter sent to the Principal Court Attorney and Assistant Law Clerk and uploaded to NYSCEF, and the letter must describe those efforts.

View ruleSource: page 2, section V. MOTIONS

What must be included with notice of motion filings before Judge Linda M. Capitti?

The rule identifies required filing content or certificates. Motions filed by Notice of Motion will not be considered.

View ruleSource: page 2, section V. MOTIONS

What must be included with stipulation filings before Judge Linda M. Capitti?

The rule identifies required filing content or certificates. When an adjournment is granted, counsel must upload a NYSCEF stipulation listing four dates and times when all counsel and parties are available.

View ruleSource: page 1, section II. ADJOURNMENTS

How may parties contact Judge Linda M. Capitti's chambers?

The rule addresses email communications. Adjournment requests must be submitted by email to the identified court staff, all counsel, and any pro se parties.

View ruleSource: page 1, section II. ADJOURNMENTS

How do I request an adjournment or extension before Judge Linda M. Capitti?

Advance notice is not fully stated in the structured details. Every adjournment requires the court’s prior approval.

View ruleSource: page 1, section II. ADJOURNMENTS

Is electronic filing required before Judge Linda M. Capitti?

Yes. Electronic filing is required for the covered filings. All trial exhibits must be brought to court on the trial date and uploaded to NYSCEF.

View ruleSource: page 3, section VI. PRE-TRIAL CONFERENCES & TRIALS
Complete rules summary for Judge Linda M. Capitti

Every adjournment requires the court’s prior approval.

Adjournment requests must be submitted by email to the identified court staff, all counsel, and any pro se parties.

Adjournment requests must be made at least three days before a conference or motion return date and at least two weeks before a hearing or trial.

Motions filed by Notice of Motion will not be considered.

When good-faith efforts to resolve an issue are unsuccessful, counsel must request a pre-motion conference by letter sent to the Principal Court Attorney and Assistant Law Clerk and uploaded to NYSCEF, and the letter must describe those efforts.

When an adjournment is granted, counsel must upload a NYSCEF stipulation listing four dates and times when all counsel and parties are available.

A courtesy copy of the stipulation must be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9.

Every email to the court must include the case caption and index number in its subject line.

Every email to the court must include all counsel and any pro se parties as recipients.

Every motion must be filed by Order to Show Cause and must state its motion sequence number on the first page.

Ex parte communications with the court are prohibited and will not be reviewed or considered.

The Principal Court Attorney and Assistant Law Clerk may be emailed in emergency circumstances.

General inquiries other than adjournment requests must be emailed to the Part Clerk.

Except for adjournment requests, correspondence with the court and chambers must be by letter filed through NYSCEF, not email.

At least one day before the preliminary conference, counsel or parties must upload a completed and signed matrimonial preliminary conference order and statements of net worth to NYSCEF, along with a child support worksheet and proposed parenting plan when applicable.

A hard copy of the proposed preliminary conference order, signed by the parties and counsel, must be provided to the court on the preliminary conference date.

All trial exhibits must be brought to court on the trial date and uploaded to NYSCEF.

Documents produced by counsel or parties must use Bates numbering and stamping, and compliance or status conference orders must identify Bates numbers.

Stipulations to be so ordered, subpoenas for signature, and proposed orders and judgments for signature must be filed through NYSCEF.

Courtesy copies of the specified NYSCEF-filed documents must be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9.

The court strongly encourages contested matrimonial cases to be e-filed through NYSCEF.

Questions regarding NYSCEF should be directed to the NYSCEF Resource Center by email or phone.

Requests for virtual conferences with the Principal Court Attorney or Assistant Law Clerk must be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9, with all counsel and any pro se parties included as recipients.

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