Court Rules

New York Supreme Court, New York County Pre-Motion Conference Requirements

87 rules from official source documents

68 of 87 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.

Pre-motion conference and letter requirements before filing motions, including sequential steps. This page is scoped to New York Supreme Court, New York County; use the court rules overview to switch categories without leaving this court.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

An order to show cause may be used only for genuine urgency, when a stay is required, or when a statute mandates that procedure.

Pursuant to Uniform Civil Rules for the Supreme Court and the County Court § 202.8-d: “[m]otions shall be brought on by order to show cause only when there is genuine urgency, a stay is required, or a statute mandates so proceeding.”

Judge Adam Silvera

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

Every order to show cause must first be processed by the Ex Parte Motion Office.

All Orders to Show Cause must first be processed by the Ex Parte Motion Office.

Judge Adam Silvera

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

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

Absent advance permission of the court, reply papers shall not be submitted on orders to show cause.

Judge Adam Silvera

Checked against the court's document on Oct 5, 2026CRITICAL

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

Absent permission from the Court, sur-reply and post-submission papers are not permitted.

Judge Anar Rathod Patel

Checked against the court's document on Oct 5, 2026CRITICAL

A discovery motion requires a prior court conference, a written request of no more than two pages stating the meet-and-confer history and basis for the motion, and any response must be filed within two business days and may not exceed two pages.

B. Discovery Motions: For cases already assigned to this Court at the time that a discovery dispute arises, no motion with respect to the dispute shall be made without a prior conference with the Court. Any party seeking to make a discovery motion must file a written letter request, not to exceed two (2) pages, for a conference, on notice to all other parties, on NYSCEF. The letter request should state: (a) that the parties have met and conferred pursuant to Commercial Division Rule 14 and the dates of the meet and confer sessions; (b) the basis of the anticipated motion and attendant discovery-related disputes. All parties so served may serve and file a letter response, not to exceed two (2) pages, via NYSCEF, within two (2) business days from service of the notification letter.

Judge Anar Rathod Patel

Checked against the court's document on Oct 5, 2026CRITICAL

Surreply papers will not be accepted without leave of court.

Surreply papers shall not be accepted absent leave of Court

Judge Ariel D. Chesler

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A discovery motion may not be filed unless the party complies with 22 NYCRR §§ 202.7 and 202.20-f.

The parties may not file a motion relating to discovery without compliance with 22 NYCRR §§ 202.7 and 202.20-f.

Judge Brendan T. Lantry

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

Discovery must continue while a summary-judgment motion is pending unless the party shows good cause for a stay.

Discovery must continue during the pendency of a summary judgment motion, unless good cause is shown for a stay.

Judge Brendan T. Lantry

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

An order to show cause is appropriate only when there is genuine urgency, a stay is required, or a statute mandates that procedure.

“[m]otions shall be brought on by order to show cause only when there is genuine urgency, a stay is required, or a statute mandates so proceeding.”

Judge Brendan T. Lantry

Checked against the court's document on Oct 5, 2026CRITICAL

An unauthorized discovery motion or one lacking demonstrated good-faith efforts will generally be denied, and email alone is insufficient to establish those efforts.

Discovery motions filed without permission or without a showing of good faith efforts attempted to resolve the matter will generally be denied. Email communication between the parties as a sole representation of good faith is not sufficient.

Judge Carol Sharpe

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A discovery motion requires prior court authorization, must describe that authorization, and must include the authorizing order as an exhibit.

Discovery motions may not be made without prior authorization from the court. Any discovery motion filed must detail the court’s authorization and an order permitting the filing of the motion shall be submitted as an exhibit.

Judge Christopher Chin

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Before a discovery motion, all parties must meet and confer; if unresolved, they must request a DCM discovery conference, after which the DCM order may narrow issues, authorize a motion, and set a briefing schedule.

Prior to making any discovery motion, all parties are required to first meet and confer about any issues, in accordance with 22 NYCRR § 202.7. If the parties are unable to resolve the issues, they shall request a discovery conference with the DCM Courtroom Part. If the dispute cannot be resolved at the DCM conference, the issue(s) will be narrowed, and the DCM Order will specifically allow a motion to be filed and set forth a briefing schedule.

Judge Christopher Chin

Checked against the court's document on Oct 5, 2026CRITICAL

Before filing a discovery motion other than a motion to vacate the Note of Issue, a party must first request a conference by submitting an email letter copied to all parties, explaining the anticipated motion in no more than two pages and detailing prior good-faith efforts to resolve the dispute.

A party seeking to make a discovery motion (other than motions to vacate the Note of Issue) must first request a conference with the Court by submitting a letter to sfc-part37-clerk@nycourts.gov, with all parties copied, stating the reason for the anticipated motion (not to exceed two [2] pages in length). In addition, parties intending to make a discovery motion are to detail the good faith efforts made in advance to resolve the discovery dispute.

Judge Dana M. Catanzaro

Checked against the court's document on Oct 5, 2026CRITICAL

Discovery motions must include a good-faith showing of efforts made or attempted to resolve the dispute through in-person, virtual, or telephone conferences; email exchanges alone are insufficient.

and dates the parties met and conferred in person, virtually, or had telephone conversations to resolve the motion issue. Email attempts or communications between the parties are insufficient to satisfy an affirmation of good faith. Discovery motions filed without a showing of good faiths efforts made or attempted to resolve the matter will be denied.

Judge Dana M. Catanzaro

Checked against the court's document on Oct 5, 2026CRITICAL

Parties must make a good-faith effort to confer about discovery disputes and obtain a court conference before filing a discovery motion; leave of court is not required.

If the parties have a discovery dispute, they must consult with each other in a good faith effort to resolve the same (22 NYCRR 202.7[a]). Such consultation may take place by an in-person, telephonic, or virtual conference (at the request of the parties, the Part 58 Clerk can facilitate such a virtual meeting). In the event such an attempt is not successful, then the parties are required to e-mail the Part 58 Clerk at SFC-Part58-Clerk@nycourts.gov to arrange a conference with the court to attempt to resolve the issue(s). If the dispute cannot be resolved by a conference with the court, then the party seeking relief may file a discovery motion. Leave of court is not required to file the motion but no motion may be filed unless the court has first conferenced the case.

Judge David Cohen

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

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.

Any party seeking immediate injunctive relief upon the signing of the OSC (e.g., a stay, a temporary restraining order) must appear in person before the court to present the OSC either with all affected adversaries or bearing proof that all affected adversaries were properly noticed. Contact the part clerk to schedule the appearance.

Judge Eric Schumacher

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A party may file a CPLR discovery motion when diligent, good-faith efforts cannot resolve the dispute, and the motion must include a sufficiently specific and detailed good-faith affirmation when required by 22 NYCRR § 202.7.

If a discovery dispute arises which cannot be resolved by the parties’ diligent, good faith efforts, the party seeking relief may move per the CPLR. The motion must include a sufficiently specific and detailed affirmation of good faith if applicable pursuant to 22 NYCRR § 202.7.

Judge Eric Schumacher

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Discovery motions require leave of court stated in a discovery conference order, and the good-faith affirmation must confirm that the court granted leave after attempting resolution at a discovery conference.

Discovery motions may only be filed with leave of court set forth in a discovery conference order. Any affirmation of good faith that fails to affirm that the court granted leave after attempting to resolve the dispute with the parties at a discovery conference shall be defective.

Judge Eric Schumacher

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

Counsel attending a conference must know the case and have authority to discuss and stipulate to resolve all discovery issues.

Counsel attending conferences shall be familiar with the case and have authority to discuss and stipulate to resolve all discovery issues.

Judge Francis A. Kahn III

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Discovery continues while a CPLR 3212 or CPLR 3213 motion is pending unless the court orders otherwise.

Disclosure must continue while a CPLR 3212 or CPLR 3213 motion is pending, unless the court specifically directs otherwise.

Judge Gerald Lebovits

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Before filing a discovery motion, parties must attempt to meet and confer and, if the dispute remains unresolved, request a conference with the court by emailing the Part Clerk and Chambers.

If the dispute cannot be resolved by a meet and confer, the parties are directed to contact the Part Clerk by email to SFC- Part65-Clerk@nycourts.gov and Chambers by email to SFC-Part65@nycourts.gov to request a conference with the court before filing a discovery motion.

Judge Hasa A. Kingo

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

A request for judicial intervention must be made by motion or on the record during a courtroom appearance.

All requests for judicial intervention must be made by motion or on the record during a courtroom appearance.

Judge Ilana J. Marcus

Checked against the court's document on Oct 5, 2026CRITICAL

Parties must meet and confer regarding every discovery dispute under the applicable Uniform Civil Rules.

Parties shall meet and confer regarding all discovery disputes, as set forth in the Uniform Civil Rules for the Supreme Court & the County Court.

Judge Ilana J. Marcus

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

If a discovery dispute remains unresolved after meet and confer, a party must email the Part Clerk to request a conference with the court before filing a discovery motion.

If the dispute cannot be resolved by a meet and confer, the parties are directed to contact the Part Clerk by email to SFC- Part5-Clerk@nycourts.gov to request a conference with the court before filing a discovery motion.

Judge Ilana J. Marcus

Checked against the court's document on Oct 5, 2026CRITICAL

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

Discovery motions, however, require prior leave of court pursuant to Part Rule 28.

Judge Jennifer G. Schecter

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

A post-conference motion to stay discovery must be made by order to show cause, although the parties may request a law-clerk conference instead; a stay order must issue before the deadline to relieve consequences, and late or repeated requests are not expected to be granted absent compelling cause.

After the PC, motions to stay discovery must be made by order to show cause. However, parties may email the assigned law clerk to request a conference to address a stay request in lieu of a motion. Parties will not be relieved from the consequences of violating discovery orders unless the court issues a stay order prior to the deadline. Parties should not expect that stay or extension requests on the eve of a deadline will necessarily be granted, particularly if such request could have been made more expeditiously. Parties who have made multiple prior extension requests or have previously failed to comply with discovery deadlines should not expect their extension requests to be granted absent compelling cause.

Judge Jennifer G. Schecter

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Before filing summary judgment, the parties must meet and confer and prepare and file one joint statement of material facts.

Before filing a summary-judgment motion, the parties shall meet and confer to discuss the matters at issue on the motion and shall prepare and file one joint statement of material facts.

Judge Jennifer G. Schecter

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

If the parties cannot agree on a joint statement, they may not submit competing Rule 19-a statements of facts.

If the parties cannot agree on a joint statement, competing Rule 19-a statements of facts are strictly prohibited.

Judge Jennifer G. Schecter

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

A party may not argue for denial of summary judgment solely based on failure to negotiate and file a joint statement of facts.

No party shall argue that a summary-judgment motion should be denied for the failure to negotiate and file a joint statement of facts.

Judge Jennifer G. Schecter

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

CPLR 3213 motions do not require a joint statement, and competing Rule 19-a statements may not be submitted for them.

CPLR 3213 motions do not require a joint statement and competing Rule 19-a statements are not to be submitted.

Judge Jennifer G. Schecter

Checked against the court's document on Oct 5, 2026CRITICAL

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.

To reduce the need for motion practice, where good faith efforts to resolve an issue are unsuccessful, counsel shall request, by letter directed to the Principal Court Attorney and Assistant Law Clerk and uploaded to NYSCEF, a pre-motion conference to allow the court the opportunity to resolve the issue before a motion is made. The letter must specify what good faith efforts were made to resolve the issue.

Judge Linda M. Capitti

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

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

Pursuant to Uniform Civil Rules for the Supreme Court and the County Court § 202.8-d: “[m]otions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding (see Section 202.8-e). Absent advance permission of the court, reply papers shall not be submitted on orders to show cause.”

Judge Lynn R. Kotler

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Oral argument is required for all motions unless the court directs otherwise.

Oral argument is required on all motions, unless otherwise directed by the Court.

Judge Michael L. Katz

Checked against the court's document on Oct 5, 2026CRITICAL

No discovery motion may be filed without the express permission of the court.

NOTE THAT NO DISCOVERY MOTIONS ARE PERMITTED WITHOUT EXPRESS PERMISSION FROM THE COURT.

Judge Nicholas Moyne

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A preliminary conference must occur at the first appearance or on the return date of the first motion unless the Court directs otherwise, with all parties and counsel present.

A preliminary conference shall take place on the case's first appearance or the return date of the first motion, unless otherwise directed by the Court. All parties and counsel must be present.

Judge Ronald Castorina Jr.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

Before filing a motion, counsel must make a good-faith effort to resolve the issue, including seeking a court conference when appropriate, unless an emergency exists.

Before filing a motion, counsel must make a good faith effort to resolve the underlying issue, including by contacting the Court for a conference where appropriate, absent an emergency.

Judge Ronald Castorina Jr.

Checked against the court's document on Oct 5, 2026CRITICAL

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

Any request for pendente lite relief will only be addressed at the PC with an accompanying motion.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026CRITICAL

Oral argument is required for every motion unless the Court directs otherwise.

Oral argument is required on all motions, unless otherwise directed by the Court.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026CRITICAL

Before presenting an OSC seeking a temporary restraining order or other interim relief, the movant must contact the Part Clerk to obtain a date and time, except for ex parte order-of-protection applications.

If the OSC seeks a temporary restraining order or any other interim relief (other than an ex-parte application for an order of protection), the movant must first contact the Part Clerk to obtain a date and time to present the OSC to the Court.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026CRITICAL

All parties must attend in person on the record for OSCs seeking emergency interim relief.

All OSCs which request emergency interim relief require in-person appearances on the record and the parties are required to attend.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026CRITICAL

The Court will not accept a sur-reply without prior approval.

Sur-replies will not be accepted by the Court without prior approval.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026CRITICAL

Before filing a discovery motion, counsel must consult in good faith and, if no resolution is reached, request a virtual conference by emailing the specified court contacts.

Prior to filing a discovery motion, counsel must consult one another in a good faith effort to resolve any discovery disputes and, in the absence of a resolution, request a virtual conference with the Court by e-mailing the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

Discovery ordinarily must continue while a summary judgment motion is pending unless good cause supports a stay.

Discovery must continue during the pendency of a summary judgment motion, unless good cause is shown for a stay.

Judge Adam Silvera

Checked against the court's document on Oct 5, 2026WARNING

Personal appearances on the return date are not required unless the Court directs an appearance.

C. Return Date: Personal appearances are not required on the return date unless directed by the Court.

Judge Anar Rathod Patel

Checked against the court's document on Oct 5, 2026WARNING

Motions are submitted only unless the Court advises otherwise, and a party may request oral argument by making the stated designation.

D. Oral Argument: All motions are by submission only unless otherwise advised by the Court. Parties may request oral argument by stating “Oral Argument Requested” on

Judge Anar Rathod Patel

Checked against the court's document on Oct 5, 2026WARNING

Discovery motions are discouraged, and the parties must meet and confer in good faith to resolve discovery disputes before seeking judicial intervention.

A. Rule 14 Conference: Pursuant to Commercial Division Rules 14 and 14-a, discovery motions are discouraged, and the parties shall meet and confer in good faith to resolve discovery disputes prior to seeking judicial intervention.

Judge Anar Rathod Patel

Checked against the court's document on Oct 5, 2026WARNING

For an unresolved discovery dispute, parties should request a pre-motion conference with a law clerk by emailing the Principal and Assistant Law Clerk.

If a discovery dispute arises that cannot be resolved by the DCM Part, please request a pre-motion conference with a Law Clerk by e-mailing both the Principal and Assistant Law Clerk

Judge Ariel D. Chesler

Checked against the court's document on Oct 5, 2026WARNING

A request for oral argument must be included in the notice of motion or opposition papers, and the Court will notify the parties only if the request is granted.

Requests for oral arguments shall be included in the Notice of Motion or in the Opposition papers. After review, the Court will notify the parties only if the application for oral argument is granted.

Judge Carol Sharpe

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

Discovery is not automatically stayed while motions are pending unless the court orders otherwise.

Unless otherwise indicated in an order of this court, discovery is not automatically stayed pending the determination of any motions in cases assigned to this part (see CPLR 3214 [b]).

Judge Eric Schumacher

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

Discovery motions are strongly discouraged.

Discovery motions are strongly discouraged.

Judge Eric Schumacher

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

Summary judgment motions filed before discovery is complete are strongly discouraged.

Motions for summary judgment prior to the completion of discovery are strongly discouraged (see CPLR 3212[f]).

Judge Eric Schumacher

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

The Court alone decides whether oral argument will be heard.

Oral argument is heard solely at the discretion of the Court.

Judge Francis A. Kahn III

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

Instead of filing a discovery motion, parties are encouraged to request a conference by e-filing a NYSCEF letter, although the Court may decline the conference.

If a discovery dispute arises, parties in lieu of filing a motion, are encouraged to request a conference by e-filing a letter on NYSCEF requesting a conference. Conferences will be granted at the Court’s discretion.

Judge Francis A. Kahn III

Checked and corrected to match the court's document on Oct 5, 2026WARNING

Civil cases

An order to show cause with a temporary restraining order is not automatically heard the same day unless the sale occurs that day, and the judge retains discretion over hearing and decision methods.

Just because an OSC has an TRO does not mean that it will be heard the same day unless the sale is the same day. The Judge will either give it a return date for oral argument, put it on submissions or decide it on the papers. Again, this is at the Judge’s discretion.

Judge Francis A. Kahn III

Checked and corrected to match the court's document on Oct 5, 2026WARNING

A party may file a good-faith partial summary-judgment motion before the note of issue when negotiating a joint statement would be futile or would prejudicially delay filing.

Nor is any party precluded from filing a pre-note-of-issue partial summary judgment motion if they in good faith believe that negotiating a joint statement would be futile or that doing so will cause a prejudicial delay in filing their motion.

Judge Jennifer G. Schecter

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

Before filing a strongly discouraged discovery motion, counsel must attempt good-faith resolution and, if unsuccessful, request a conference with a log detailing the materials sought.

Discovery motions are strongly discouraged. Counsel must consult in a good faith effort to resolve discovery disputes before filing and, absent resolution, must request a conference with the Court, coming prepared with a log specifically delineating the materials sought.

Judge Ronald Castorina Jr.

Checked against the court's document on Oct 5, 2026WARNING

The Court will schedule a Settlement Conference case by case only when the parties are seriously ready and willing to resolve their disputes.

SCs shall be scheduled by the Court on a case-by-case basis ONLY where the parties are seriously ready and willing to resolve their issues.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026WARNING

The parties must engage in meaningful settlement discussions before the Settlement Conference.

Prior to the SC, the parties are to engage in meaningful settlement discussions.

Judge Yael Wilkofsky

Checked against the court's document on Oct 5, 2026INFO

The court encourages pre-motion or settlement conferences where possible, with requests emailed to both the Principal and Assistant Law Clerk.

The Part encourages pre-motion/settlement conferences wherever possible to avoid unnecessary litigation and motion practice, to do so, e-mail your request to both the Principal and Assistant Law Clerk

Judge Ariel D. Chesler

Checked against the court's document on Oct 5, 2026INFO

The Court encourages parties to resolve discovery disputes without filing motions.

The Court encourages parties to resolve discovery disputes without motion practice.

Judge Dana M. Catanzaro

Checked against the court's document on Oct 5, 2026INFO

Civil cases

A discovery motion may be calendared for a conference with the Court.

Discovery motions may be calendared for a conference with the Court.

Judge Francis A. Kahn III

Checked against the court's document on Oct 5, 2026INFO

Discovery conferences in the City Part are scheduled by the DCM rather than the individual assignment parts.

Discovery conferences for cases in the City Part are scheduled by the Differentiated Case Management Part (“DCM”), not by the individual assignment parts.

Judge Ilana J. Marcus

Checked against the court's document on Oct 5, 2026INFO

The DCM Clerk will issue a scheduling order or schedule a preliminary conference based on the RJI filing date.

A Case Scheduling Order will be issued, or a Preliminary Conference will be scheduled, by the DCM Clerk based on the date the Request for Judicial Intervention (“RJI”) was filed.

Judge Ilana J. Marcus

Checked against the court's document on Oct 5, 2026INFO

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

To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice (22 NYCRR § 202.20-f la]).

Judge Ilana J. Marcus

Checked against the court's document on Oct 5, 2026INFO

Civil cases

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

Pursuant to the Uniform Civil Rules for the Supreme Court and the County Court § 202.20-f: “[t]o the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice.”

Judge Lynn R. Kotler

Checked against the court's document on Oct 5, 2026INFO

Civil cases

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

Motions will be submitted without argument or rescheduled for oral argument on a case-by-case basis. Oral argument is typically held on a Tuesday.

Judge Lynn R. Kotler

Checked against the court's document on Oct 5, 2026INFO

Civil cases

Advance court permission is not required before filing a motion.

Advance permission to bring any motion is not required.

Judge Lynn R. Kotler

Checked and corrected to match the court's document on Oct 5, 2026INFO

Counsel are encouraged to contact the court by conference call before filing a motion.

To reduce the need for motion practice, counsel are encouraged to contact the court by conference call prior to filing a motion.

Judge Michael L. Katz

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

The parties may not file a motion relating to discovery without compliance with 22 NYCRR §§ 202.7 (c) and 202.20-f. Additionally, parties must request a conference with the Court prior to filing a motion or request leave to file the motion without a conference if the party believes such conference would be futile. It is within the Court’s discretion to hold a conference or grant leave to move without conducting a conference first. If leave to make a discovery-related motion was granted by the Court, the affirmation of good faith shall state precisely when and by whom it was granted leave to file the motion.

Summary: Before filing a discovery motion, a party must comply with the cited regulations and request a conference, unless it requests leave to proceed without a conference because the conference would be futile; any granted leave must be identified precisely in the good-faith affirmation.

Judge Alexander M. Tisch

Not confirmed. Read the court's wording below.CRITICAL?

B. Pre-Motion Conference Required: Pursuant to Commercial Division Rule 24, any party seeking to make a motion, except as allowed by Rule 24, must file a written letter request for a pre-motion conference, on notice to all other parties, on NYSCEF. The letter request should state the basis of the anticipated motion and may not exceed two (2) pages. All parties so served may serve and file a letter response, not to exceed two (2) pages, via NYSCEF, within two (2) business days from service of the notification letter.

Summary: Except as allowed by Commercial Division Rule 24, a party seeking a motion must file a NYSCEF pre-motion conference request on notice to all other parties, stating the motion’s basis and limited to two pages; served parties may file a response within two business days, also limited to two pages.

Judge Anar Rathod Patel

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

In addition, the parties must request a conference with the Court prior to filing a motion pertaining to discovery. If the party believes such conference would be futile, counsel may also request leave to file the motion without a conference

Summary: 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.

Judge Brendan T. Lantry

Not confirmed. Read the court's wording below.CRITICAL?

Discovery motions shall not be filed without prior approval from the Court. Prior to making any request to file a discovery motion, the parties must first request a discovery conference with the DCM Part. If this conference proves unsuccessful, the moving party may seek approval from the Court to file the discovery motion.

Summary: Before seeking leave to file a discovery motion, the parties must first request a DCM discovery conference, and filing requires the Court’s prior approval.

Judge Carol Sharpe

Not confirmed. Read the court's wording below.CRITICAL?

Following a conference with the Court, as outlined above, parties may file discovery motions regarding the issues outlined in the aforementioned letter to the Court.

Summary: After the required conference, a party may file a discovery motion concerning the issues identified in its conference letter.

Judge Dana M. Catanzaro

Not confirmed. Read the court's wording below.CRITICAL?

After the PC, before making any discovery motion, the parties must meet and confer about all disputes and either raise the issue at the next scheduled conference or email the assigned law clerk to request an earlier conference or leave to file a motion. Discovery motions MAY NOT be made without prior authorization and any discovery motion must set forth who authorized the motion and when. Failure to comply with this rule may result in the summary denial of the discovery motion. This rule does not apply to non-parties, though they may email the assigned law clerk to request a conference in lieu of making a motion. This rule also does not apply to post-judgment discovery disputes, for which a motion may be filed without prior leave of court.

Summary: Before filing a discovery motion, parties must meet and confer and obtain prior authorization, and the motion must identify who authorized it and when; non-parties and post-judgment discovery disputes are excepted.

Judge Jennifer G. Schecter

Not confirmed. Read the court's wording below.CRITICAL?

Until further notice, all motions shall be submitted and considered on papers only, without oral argument, except motions to be relieved as counsel, which shall be orally argued remotely via the Microsoft Teams conference application.

Summary: Until further notice, motions are decided on papers without oral argument, except motions to relieve counsel, which require remote oral argument through Microsoft Teams.

Judge John J. Kelley

Not confirmed. Read the court's wording below.CRITICAL?

A motion or special proceeding shall only be initiated by order to show cause where required by statute (see, e.g., CPLR 321[b][2], 5015[a]) or where emergency interim relief is sought.

Summary: A motion or special proceeding may be initiated by order to show cause only when a statute requires it or emergency interim relief is sought.

Judge John J. Kelley

Not confirmed. Read the court's wording below.CRITICAL?

Oral Argument: All substantive motions that are opposed and fully submitted will be orally argued before the judge in-person in Courtroom 355 (unless otherwise directed). Unopposed motions will not be scheduled for oral argument.

Summary: 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.

Judge Kathleen Waterman-Marshall

Not confirmed. Read the court's wording below.CRITICAL?

In matrimonial cases, preliminary conferences must be held within forty-five (45) days of the filing of the Request for Judicial Intervention.

Summary: In matrimonial cases, a preliminary conference must be held within 45 days after filing the Request for Judicial Intervention.

Judge Tandra Dawson

Not confirmed. Read the court's wording below.CRITICAL?

When an order to show cause in a matrimonial case is filed prior to the scheduling of a preliminary conference, the court will hold the preliminary conference on the return date of the OSC. Accordingly, counsel is required to appear with their clients on the adjourn date of the OSC. Prior to the preliminary conference, counsel shall confer and comply with the requirements set forth in 22 NYCRR §202.16(f).

Summary: When a matrimonial OSC is filed before a preliminary conference is scheduled, the conference will occur on the OSC return date, counsel must appear with clients, and counsel must confer and comply with the cited rule beforehand.

Judge Tandra Dawson

Not confirmed. Read the court's wording below.WARNING?

Civil cases

It is within the Court’s discretion to hold a conference or grant leave to move without conducting a conference first.

Summary: The Court may in its discretion hold the conference or grant leave to make the discovery motion without one.

Judge Brendan T. Lantry

Not confirmed. Read the court's wording below.WARNING?

Civil cases

All Orders to Show Cause must first be processed by the Ex Parte Motion Office. A movant should first contact that office to ensure that the Order to Show Cause has been processed and submitted to chambers before inquiring with the Part about the status of the Order to Show Cause.

Summary: An Order to Show Cause must first be processed by the Ex Parte Motion Office, and the movant should confirm processing and submission to chambers before asking the Part for status.

Judge Brendan T. Lantry

Not confirmed. Read the court's wording below.WARNING?

All Orders to Show Cause must first be processed by the Ex Parte Motion Office. A movant should first contact the Ex Parte Motion Office to ensure that the Order to Show Cause has been processed and submitted to Chambers before inquiring with the Part Clerk about the status of the Order to Show Cause.

Summary: Every Order to Show Cause must first be processed by the Ex Parte Motion Office, and the movant should confirm processing and submission to Chambers before asking the Part Clerk about its status.

Judge Dana M. Catanzaro

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Stays related to CPLR 321(b)(2) or of discovery generally are exempt from the advance in-person appearance requirement.

Summary: Stays related to CPLR 321(b)(2) and discovery stays generally are exempt from the advance in-person appearance requirement.

Judge Eric Schumacher

Not confirmed. Read the court's wording below.WARNING?

The court may, however, upon good cause shown, permit oral argument in other matters. Proof of good cause shall include a showing as to why the papers alone are insufficient to apprise or fully explain to the court the nature of the contested issues.

Summary: The court may permit oral argument in other matters upon good cause, which requires explaining why the papers alone cannot fully apprise the court of the contested issues.

Judge John J. Kelley

Not confirmed. Read the court's wording below.INFO?

Oral argument on motions, except motions to renew or reargue will be scheduled at the court’s discretion.

Summary: The court will schedule oral argument on motions at its discretion, except for motions to renew or reargue.

Judge Ariel D. Chesler

Not confirmed. Read the court's wording below.INFO?

Civil cases

Disclosure motions are discouraged.

Summary: The court discourages filing discovery or disclosure motions.

Judge Gerald Lebovits

Not confirmed. Read the court's wording below.INFO?

Civil cases

B. Pre-Motion Letters. Except for discovery motions (Section VI below), no prior permission or letters pursuant to Commercial Division Rule 24 are required before making a motion. If the parties believe the dispute may be resolved quickly without the need for formal motion practice, they can request a pre- motion conference.

Summary: Except for discovery motions, prior permission or pre-motion letters are not required before filing a motion, although parties may request a pre-motion conference for disputes likely to resolve quickly.

Judge Joel M. Cohen
Common questions about New York Supreme Court, New York County pre-motion conference requirements

Does New York Supreme Court, New York County require a pre-motion conference or letter before filing a motion?

Judge Ariel D. Chesler's rules set a pre-motion procedure for sur replys. Surreply papers will not be accepted without leave of court.

View ruleOfficial source Source: page 2, section IV. Motion Practice – General Motion Requirements

Judge Francis A. Kahn III's rules set a pre-motion procedure for covered motions. Counsel attending a conference must know the case and have authority to discuss and stipulate to resolve all discovery issues.

View ruleOfficial source Source: page 4, section IV. ALL CONFERENCES

Judge Jennifer G. Schecter's rules set a pre-motion procedure for discovery. A party must obtain prior court leave before filing a discovery motion under Part Rule 28.

View ruleOfficial source Source: page 4, section COMMUNICATIONS WITH THE COURT — Authorized Letters

84 more rules answer this question in the list above.