New York Supreme Court, New York County Filing Rules

A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.

The AI-disclosure rules do not apply to listed routine, non-substantive technical processes that do not alter substantive content.

The parties must provide a list of proposed witnesses, including interpreter needs and the required language and dialect.

ii. Proposed Findings of Fact

Motion sequence numbers must appear on the front page of all motion notices, cross-motion notices, supporting or opposing affidavits, reply papers, stipulations, and motion-related letters, or those documents may not be treated as part of the motion.

All parties must jointly email the part clerk by one week before jury selection to report the status of all aspects of the case, including settlement, and jury-selection dates are final.

The court should not be copied on correspondence directed only to opposing counsel.

All parties must join the Teams call at least five minutes before the scheduled conference begins.

Should the parties desire a conference, a request should be sent to chambers at SFC-part43@nycourts.gov, stating the reason for the conference request.

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.

The filer should file to the case in question (select “File to Existing Case”) and a screen will appear that presents options for the filing of (i) motion documents or (ii) non-motion documents. Although a motion may have elicited the court’s directive, the motion itself has been concluded and so the filer should choose the selection under “Non-Motion Documents” labeled “Proposed Judgment to Clerk or Court.”

Documents, including notices of motion, affidavits, affirmations, memoranda of law, and exhibits, must be filed under separate document numbers with meaningful names.

A party may, without prior court permission, electronically file and email a short letter seeking reassignment or challenging Commercial Division placement.

Documents in Part 43 must be filed electronically.

Correspondence and other documentation may not be uploaded to NYSCEF to request a response from the Court.

The note of issue should be filed by the calculated DCM deadline, subject to the court's discretion.

The stipulation must be electronically filed and filed in the Submissions Part on the motion’s return date.

A Judgment of Divorce must be submitted within 60 days or the action may be deemed abandoned and dismissed.

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

Documents in evidence must be submitted to the court at least one week before the summary bench trial.

Once properly submitted, the Office will effectuate the Room 130 adjournment without a party appearance or further action.

Ex parte adjournment applications will not be considered.

An adjournment request submitted fewer than 48 hours before a conference will not be considered unless it involves a real emergency.

The Part Clerk may not grant adjournments.

Motion-submission-part adjournment requests must comply with the rules of that part.

Every e-filed Commercial Division memorandum of law and, when appropriate, affidavit or affirmation must contain bookmarks listing the contents and facilitating navigation.

Parties must obtain their case- and conference-specific barcoded conference form from the part clerk by email or in person, and no other form will be accepted.

For an unopposed application, parties should email the assigned law clerk both an executed Word version of the e-filed stipulation and its filing confirmation receipt.

If the parties cannot agree on the Preliminary Conference Order, they must bring hard copies of proposed orders to the conference.

Compliance Conference orders must be written legibly in black ink, and the court will not sign illegible orders.

A party must obtain prior court leave before filing a discovery motion under Part Rule 28.

A request for pendente lite relief will be addressed only at the preliminary conference and must be accompanied by a motion.

A party seeking immediate injunctive relief when an OSC is signed must appear in person with all affected adversaries or prove proper notice, and must contact the part clerk to schedule the appearance.

Sur-replies and post-submission papers are not permitted unless the Court grants permission.

A party must request a pre-filing conference before making a discovery motion, although counsel believing the conference futile may request leave to proceed without one.

The executed opt-out form must be served on all parties and filed in person with proof of service at the County Clerk’s E-File Department.

Plaintiffs must serve a Bill of Particulars before the first DCM conference.

OSCs seeking relief under CPLR 321(b)(2) must require personal service under CPLR 308 and 311; substituted service may not be used.

Failure to electronically file proof of TRO notice containing the opposing side’s email address may delay consideration of the application.

Proof of service, in the form of a filed affidavit of service, is mandatory for every movant.

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.

The parties may not stipulate to sealing or redaction, and sealing or redaction must be requested by an Order to Show Cause.

Additional sealing or redactions beyond those permitted by the Redaction Rules are discouraged and must be requested under 22 NYCRR 216.1.

Any request to seal records must be made specifically and on a showing of good cause.

If provisional sealing status was employed the OSC should include a TRO maintaining such status pending a decision on the motion. Since sealing of entire documents is rarely permitted, the moving papers shall include narrowly tailored proposed redactions and the movant shall email the court and opposing counsel a version of the documents with highlighted proposed redactions.

The required compliance-conference joint letter may not exceed three pages and must be single-spaced.

The court will consider requests to enlarge applicable word limits to facilitate combined briefs.

A discovery-conference response may be filed via NYSCEF within two business days after service of the notification letter and is limited to two pages.

Unless the court directs otherwise, a letter may not exceed three pages.

The statement explaining the rationale for a party's position may not exceed two pages.

A courtesy copy of every document uploaded to NYSCEF must be emailed to both the Principal Law Clerk and Assistant Law Clerk because uploading alone does not notify Chambers.

Judge Cohen does not accept working or courtesy copies of documents.

Because Chambers does not receive automatic NYSCEF upload notice, a courtesy copy of any letter, affidavit, or stipulation submitted to be so-ordered must be emailed directly to the Judge's law clerk.

Courtesy paper copies of motion papers, affirmations, and related documents must not be sent to the Part or chambers unless the court requests them.

Hard copies of motion papers are not required in cases filed electronically.

A $210 NYSCEF index-number filing fee is required, except for foreclosure cases, and may be paid by Visa, Mastercard, or American Express credit or bank card.

Transcript costs must be shared when there is a cross-motion or when both parties file motions.

Exhibits are exempt from the multiple-motion filing restriction when citations are hyperlinked, and the court strongly prefers filing only one copy of each exhibit to NYSCEF.

Counsel should not combine all motion papers in one PDF under one document number, and each e-filed document must receive its own docket number.

Similarly situated parties should make reasonable efforts to consolidate briefing papers to avoid duplication, and the Court will consider requests to enlarge word limits for combined briefs.

Similarly situated parties should make reasonable efforts to consolidate briefing papers and avoid duplication in combined briefs.

Each electronically submitted document or exhibit must be filed separately and identified in NYSCEF's Additional Document Information section.

The court encourages attorneys who significantly contributed to a matter but do not ordinarily appear or speak in court to participate in proceedings.

The court is more inclined to hold oral argument when an attorney admitted for fewer than five years, or an attorney whose participation enhances bar diversity, will argue.

A representation that oral argument will be presented by an attorney enhancing diversity in the bar or admitted to practice fewer than five years weighs in favor of holding oral argument.

The Court strongly encourages substantive courtroom participation by women, diverse lawyers, and attorneys with five years or less of practice experience.

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.