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 Lynn R. Kotler

- **Address:** 80 Centre Street, New York, NY 10013 - **Part:** Part 8 General IAS Part - **Chambers:** Room 278 - **Chambers Phone:** (646) 386-3339 - **Courtroom:** Room 278 - **Courtroom Phone:** (646) 386-3572 - **Assistant Law Clerk:** Simrat Kaur Roopra, Esq. - **Principal Law Clerk:** Aryeh Roskies, Esq.

Common questions about Judge Lynn R. Kotler's rules

Are courtesy copies required for Judge Lynn R. Kotler?

Working copies of e-filed motions are not required and should not be delivered to the part.

View ruleSource: page 2, section IV. Motions

Does Judge Lynn R. Kotler require a pre-motion conference or letter before filing a motion?

Judge Lynn R. Kotler's rules set a pre-motion procedure for covered motions. Reply papers may not be submitted on an order to show cause without the court’s advance permission.

View ruleSource: page 2, section III. Orders to Show Cause

What must be included with counterstatement of material facts filings before Judge Lynn R. Kotler?

The rule requires statement of facts. A party opposing a summary-judgment motion must submit a counterstatement of material facts.

View ruleSource: page 2, section IV. Motions

What must be included with proposed preliminary conference order filings before Judge Lynn R. Kotler?

The rule identifies required filing content or certificates. After joinder and filing of a preliminary-conference request, the parties must confer about discovery and submit a proposed preliminary conference order through NYSCEF and email.

View ruleSource: page 1, section II. Conferences

How may parties contact Judge Lynn R. Kotler's chambers?

Ex parte communications are prohibited unless they concern scheduling, administration, or emergencies, and all sides must be copied on written communications to the court.

View ruleSource: page 1, section I. General

How do I request an adjournment or extension before Judge Lynn R. Kotler?

Advance notice is not fully stated in the structured details. The request must include reason for request and original date. A consented appearance adjournment requires a stipulation signed by all appearing parties, submitted by fax, email, or NYSCEF by 2:00 p.m. the preceding day, and remains subject to court approval.

View ruleSource: page 2, section V. Adjournments

Is electronic filing required before Judge Lynn R. Kotler?

Yes. Electronic filing is required for the covered filings. The parties must promptly and continuously notify the court in writing through NYSCEF and email when specified case-changing events occur.

View ruleSource: page 1, section I. General

When is a filing treated as filed before Judge Lynn R. Kotler?

The rule states a 2:00 p.m. filing cutoff. A consented adjournment stipulation must be delivered by 2:00 p.m. on the day before the scheduled appearance.

View ruleSource: page 2, section V. Adjournments

What rule applies to service by email for all parties before Judge Lynn R. Kotler?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. An attorney notified of an appearance must notify all other parties by email of the assigned hearing date and time.

View ruleSource: page 1, section I. General
Complete rules summary for Judge Lynn R. Kotler

A party opposing a summary-judgment motion must submit a counterstatement of material facts.

An attorney notified of an appearance must notify all other parties by email of the assigned hearing date and time.

Ex parte communications are prohibited unless they concern scheduling, administration, or emergencies, and all sides must be copied on written communications to the court.

The court will not consider letters or emails requesting affirmative relief unless exigent circumstances exist.

The court ordinarily does not issue rulings by telephone.

The parties must promptly and continuously notify the court in writing through NYSCEF and email when specified case-changing events occur.

To the maximum extent possible, discovery disputes should be addressed through informal conferences rather than motion practice.

After joinder and filing of a preliminary-conference request, the parties must confer about discovery and submit a proposed preliminary conference order through NYSCEF and email.

The proposed preliminary conference order must be filed on NYSCEF and emailed to the Part Clerk for entry as an order.

If good-faith efforts do not resolve a discovery dispute, the parties may request a virtual conference by filing and emailing a letter outlining the issues and each party's position.

Reply papers may not be submitted on an order to show cause without the court’s advance permission.

A temporary-restraint application must include proof of advance adversary notice identifying when, where, and how the application will be presented, or a reasonable explanation for omitting notice.

A summary-judgment movant, except under CPLR 3213, must attach a separate and concise numbered statement of undisputed material facts.

Motions ordinarily are submitted without oral argument unless rescheduled case by case, and oral argument is typically held Tuesday.

Advance court permission is not required before filing a motion.

Working copies of e-filed motions are not required and should not be delivered to the part.

Audio or video exhibits should be delivered by USB to the Part 8 courtroom or by cloud link emailed to the principal court attorney by the motion submission date.

A consented appearance adjournment requires a stipulation signed by all appearing parties, submitted by fax, email, or NYSCEF by 2:00 p.m. the preceding day, and remains subject to court approval.

A consented adjournment stipulation must be delivered by 2:00 p.m. on the day before the scheduled appearance.

A consented adjournment stipulation may be delivered to the court by fax, email, or NYSCEF filing.

An unconsented adjournment request must be filed at least 48 hours before the hearing, describe the efforts to obtain consent and their results, and will not be considered if submitted later than that deadline.

A note of issue should not be filed before discovery is complete.

Parties seeking an extension of the note-of-issue deadline should confer, set deadlines for all outstanding discovery in a written stipulation submitted for court approval, and request the extension.

A written discovery-completion stipulation may be filed without a future compliance conference only if it reaches the court by email or NYSCEF by 2:00 p.m. on the day before the scheduled appearance.

Counsel must serve and submit marked pleadings after a trial is assigned to Part 8.

Counsel must serve and submit the bill of particulars after a trial is assigned to Part 8.

Counsel must serve and submit a witness list after a trial is assigned to Part 8.

Counsel must serve and submit expert disclosures after a trial is assigned to Part 8.

Counsel must serve and submit pretrial memoranda after a trial is assigned to Part 8 when applicable.

Counsel must serve and submit proposed jury instructions after a trial is assigned to Part 8 when applicable.

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