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 Nicholas Moyne

- **Address:** 80 Centre Street, New York, NY 10013 - **Part:** Part 41 General IAS Part - **Chambers:** Room 327 - **Chambers Phone:** (646) 386-3955 - **Courtroom:** Room 327 - **Courtroom Phone:** (646) 386-3984 - **Assistant Law Clerk:** Sarah Waldman, Esq. - **Principal Law Clerk:** Nicholas Grafstrom, Esq.

Common questions about Judge Nicholas Moyne's rules

Does Judge Nicholas Moyne require a pre-motion conference or letter before filing a motion?

Judge Nicholas Moyne's rules set a pre-motion procedure for discovery. No discovery motion may be filed without the express permission of the court.

View ruleSource: page 4, section 6. Discovery Conferences and Disputes

What formatting rules apply to filings before Judge Nicholas Moyne?

Judge Nicholas Moyne's formatting rule includes a microsoft word version with electronic signatures must be emailed to the part clerk at sfc-part41-clerk@nycourts.gov.. A Microsoft Word version with electronic signatures must be emailed to the Part Clerk for documents requiring Justice Moyne's signature.

View ruleSource: page 2, section 1. Contacting the Court

What must be included with proposed order to show cause filings before Judge Nicholas Moyne?

The rule identifies required filing content or certificates. Every proposed Order to Show Cause must provide for service of responsive papers and reserve space for the court to insert the service date.

View ruleSource: page 2, section 2. Motions

What must be included with reply papers filings before Judge Nicholas Moyne?

The rule identifies required filing content or certificates. Reply papers are prohibited in motions or special proceedings initiated by Order to Show Cause unless expressly permitted.

View ruleSource: page 2, section 2. Motions

How may parties contact Judge Nicholas Moyne's chambers?

Ex parte email and phone communications are prohibited, and all parties must be included in communications with the court.

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

How do I request an adjournment or extension before Judge Nicholas Moyne?

Advance notice is not fully stated in the structured details. A stipulated adjournment extending the return date by more than 60 days requires the judge's signature, obtained through the Motion Support Office's forwarding process.

View ruleSource: page 3, section 3. Adjournments

Is electronic filing required before Judge Nicholas Moyne?

Yes. Electronic filing is required for the covered filings. Documents requiring Justice Moyne's signature must be electronically filed, and a Microsoft Word version bearing electronic signatures must be emailed to the Part Clerk.

View ruleSource: page 2, section 1. Contacting the Court

What filing deadlines apply to preliminary conference order, compliance conference order, and status conference order filings before Judge Nicholas Moyne?

The parties must meet a court-directed discovery conference order deadline or ask the part clerk to extend it.

View ruleSource: page 4, section 6. Discovery Conferences and Disputes

What rule applies to service by email for all parties before Judge Nicholas Moyne?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. Every letter or email sent to the Part Clerk must be copied to all other attorneys or unrepresented parties appearing in the action.

View ruleSource: page 2, section 1. Contacting the Court
Complete rules summary for Judge Nicholas Moyne

Ex parte email and phone communications are prohibited, and all parties must be included in communications with the court.

The Part Clerk does not accept deliveries or answer email or telephone communications between 1:00 and 2:15 P.M. or after 4:00 P.M.

Court emails should begin the subject line with the action's index number.

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

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

Every proposed Order to Show Cause must provide for service of responsive papers and reserve space for the court to insert the service date.

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

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

Telephone calls to the Part Clerk are limited to scheduling or logistical issues, notice of a withdrawn motion or settled or discontinued action, and requests for rulings at depositions.

Attorneys and unrepresented parties may not telephone chambers, including the Justice's law clerks, unless the court expressly directs them to do so.

A represented party may not contact the court by any means unless expressly directed, and only the party's attorney may contact the court on that party's behalf.

Reply papers are prohibited in motions or special proceedings initiated by Order to Show Cause unless expressly permitted.

Documents requiring Justice Moyne's signature must be electronically filed, and a Microsoft Word version bearing electronic signatures must be emailed to the Part Clerk.

A Microsoft Word version with electronic signatures must be emailed to the Part Clerk for documents requiring Justice Moyne's signature.

A motion to be relieved as counsel should be made by Order to Show Cause.

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.

A motion or special proceeding may be initiated by Order to Show Cause only when required by statute or the Part Rules or when emergency interim relief is sought.

Do not contact the court about the status of a motion decision unless the matter is time sensitive.

A stipulated adjournment must be uploaded to NYSCEF as a signed written stipulation with the specified dropdown designation.

A stipulated adjournment extending the return date by more than 60 days requires the judge's signature, obtained through the Motion Support Office's forwarding process.

Parties need not submit a separate stipulation directly to the court for the judge's signature.

When the opposing party refuses a stipulated adjournment, the requesting party may email a written request to the part clerk.

If approved, the court will so-order the written adjournment application or issue an interim order changing the motion or petition return date.

Adjournment requests should be submitted at least three business days before the next appearance and are denied if the court does not respond.

A discontinuance signed by all attorneys and all unrepresented parties must be uploaded to NYSCEF and emailed to the part clerk.

A discontinuance lacking all required party or unrepresented-party signatures must be uploaded to NYSCEF and sent to the 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 the so-ordered caption stipulation, a party directed by the court must serve a copy on the Trial Support Office and separately file and upload the CPLR 8019(c) notice on Form EF-22.

A proposed subpoena seeking a so-order must be uploaded to NYSCEF and mailed or emailed to the part clerk with a request for the court's signature.

Every request for a so-ordered subpoena must include a brief statement explaining why the so-order is needed and why the discovery is appropriate.

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