Judge David F. Everett
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Court-wide- 1 copy • Following Initial Notification
Courtesy copies
Court-wide- Civil, Pro Se:
- Not required
- Civil, Pro Se:Within 48 Hours
Note Of Issue And Certificate Of Readiness
Court-wide- Within Two Business Days
Stipulation Of Discontinuance
Court-wide- 1 copy
Adjournments
- A request to adjourn an in-court or virtual appearance requires a stipulation signed by all parties, filed in NYSCEF, and emailed to the Part Clerk at least 36 hours in advance unless the Court finds extraordinary circumstances.
- An adjournment request received fewer than 36 hours before the motion conference will not be granted unless the Court finds extraordinary circumstances.
- A discovery-deadline extension must be requested by good-cause stipulation as soon as practicable, preferably before the deadline, submitted by email and uploaded to NYSCEF, and include the adjourned compliance-conference date set after consultation with the Principal Court Attorney.
- An adjourned compliance conference does not suspend discovery or excuse compliance with the preliminary conference order or compliance conference order.
- A motion may be adjourned no more than three times, and its return date may be extended for no more than 60 days in total.
- +4 more
Request must include
- A compliance-conference adjournment requires good cause and, when practicable, at least two business days' notice; a filed and emailed stipulation is preferred, a noticed request is the fallback, and the next conference ordinarily must occur no later than 120 days before the discovery cutoff unless special circumstances apply.
Communication
Clerk4 contacts
- ldavis1@nycourts.gov
- (914) 824-5446
- (845) 476-3429
- (914) 824-5623
Other Contacts3 contacts
- (646) 386-3033
- (914) 824-5300
- rocklandauctions@nycourts.gov
Chambers1 contacts
- medmalwestchester@nycourts.gov
Document Format Requirements6 rules
Checked against the court's document on Oct 5, 2026Mandatory
Motion papers and all correspondence must include the index number assigned to the action.
Motion papers and all correspondence must indicate the index number assigned to the action.
Checked against the court's document on Oct 5, 2026Mandatory
Proposed verdict sheets must be submitted in Word format and emailed to the Judge’s Confidential Secretary at the stated address.
In addition, the proposed verdict sheet(s) shall be submitted in Word format and emailed to the Judge’s Confidential Secretary at rsutherl@nycourts.gov.
Checked against the court's document on Oct 5, 2026Important
All motion papers must be legible and should be typewritten and double-spaced; exhibits must be labeled, and hard copies must have tab markings.
All motion papers submitted to the Court, including orders to show cause, must be legible, and should be typewritten and double-spaced, with all exhibits labeled (and, in the case of hard copies, affixed with tab markings).
Checked against the court's document on Oct 5, 2026Important
The verdict sheet must be in final, typewritten form for possible use by the court when giving it to the jury.
The verdict sheet shall be in a final, typewritten form, which may be used given by the court to the jury.
Checked against the court's document on Oct 5, 2026Note
Working copies are not required unless the Part directs them in a particular matter, and any required working copy must have the NYSCEF Confirmation Notice firmly fastened as a cover page.
This Part does not require working copies unless otherwise directed by this Part in a particular matter. In the event that this Part requires a working copy, the working copy shall have the Confirmation Notice generated by the NYSCEF system, showing that the documents have been e-filed, firmly fastened thereto as a cover page.
Not confirmed. Read the court's wording below.Mandatory?
In addition, such proposals shall be prepared in Word format and emailed to the Judge’s Confidential Secretary at rsutherl@nycourts.gov.
Summary: Jury-charge proposals must be prepared in Word format and emailed to the Judge’s Confidential Secretary at the stated address.
Document Filing Requirements21 rules
Checked against the court's document on Oct 5, 2026Mandatory
The preliminary conference order must state the date of the first compliance conference.
The date of the first compliance conference shall be noted on the preliminary conference order.
Document Type
Preliminary Conference Order
Checked against the court's document on Oct 5, 2026Mandatory
A default-judgment motion must include proof that a military-status investigation of each individual non-corporate defendant was completed after the applicable appearance or answer period.
On any motion for a default judgment, proof must be presented that a military status investigation of all individual (non-corporate) defendants has been conducted after the time for each such defendant to appear or answer, as applicable, has passed.
Document Type
Default Judgment Motion
Checked against the court's document on Oct 5, 2026Mandatory
A party seeking a written order after a bench decision must submit a proposed order supported by a transcript of the proceedings.
Any party seeking a written order shall submit to the Court a proposed order supported by a copy of the transcript of the proceedings at which the bench decision was rendered.
Document Type
Proposed Order
Checked against the court's document on Oct 5, 2026Mandatory
A copy of each statutory provision on which a party intends to rely must be submitted to the Court.
A copy of any statutory provisions upon which any party intends to rely.
Document Type
Statutory Provisions
Checked against the court's document on Oct 5, 2026Mandatory
In matrimonial actions, an updated net worth statement and proposed-disposition statement must be submitted.
In all matrimonial actions, an updated net worth statement and a statement of proposed disposition.
Document Type
Matrimonial Case Submissions
Checked against the court's document on Oct 5, 2026Mandatory
Before trial begins, counsel must provide the Court all examinations-before-trial transcripts that may be used to refresh recollection or for cross-examination.
Immediately prior to the commencement of the trial, all transcripts of examinations before trial that may be used either to refresh a witness’ recollection or for cross-examination shall be provided to the Court.
Document Type
Pretrial Examination Transcripts
Checked against the court's document on Oct 5, 2026Mandatory
A proponent using a transcript as evidence-in-chief must provide a complete court copy with page and line citations immediately before trial.
If any part of a transcript of an examination before trial or other recorded proceeding will be read as evidence-in-chief, the proponent of the transcript shall provide a complete copy of it to the Court immediately prior to the commencement of the trial, with citations to the page and line numbers for all portions to be read.
Document Type
Evidence In Chief Transcript
Checked against the court's document on Oct 5, 2026Mandatory
For a charge drawn from the current Pattern Jury Instructions, submission of the PJI number is sufficient.
If a requested charge is drawn from the current Pattern Jury Instructions (PJI), only the PJI number need be submitted.
Document Type
Jury Instructions
Checked against the court's document on Oct 5, 2026Mandatory
A complete list of requested jury charges must be submitted immediately before trial, with copies provided to all other counsel and self-represented parties.
In all jury trials, a complete list of requests to charge shall be submitted to the Court immediately prior to the commencement of trial, with copies to be provided to all other counsel and self-represented parties.
Document Type
Jury Instructions
Checked against the court's document on Oct 5, 2026Mandatory
Requests that deviate from or add to the PJI, or that require factual insertions, must be submitted in writing with their full text and supporting legal precedents.
Where deviations from, or additions to, the PJI are requested, or where an instruction has a space for facts or other information to be filled in, the full text of such requests or insertions must be submitted in writing, together with any supporting legal precedents.
Document Type
Jury Instructions
Checked against the court's document on Oct 5, 2026Mandatory
When evidence marshaling is required for a particular jury charge, counsel and all self-represented parties must provide their proposed facts to the Court at the final charge conference.
At the final charge conference, if marshaling of the evidence is required as to a particular jury charge, counsel and all self-represented parties shall provide the Court with the proposed facts they seek to be presented to the jury.
Document Type
Jury Instructions
Checked against the court's document on Oct 5, 2026Mandatory
If the parties cannot agree on a verdict sheet, each party must present and serve its proposed verdict sheet upon all other parties.
If agreement cannot be reached, each party shall present a proposed verdict sheet which shall be served upon all other parties.
Document Type
Jury Verdict Sheet
Not confirmed. Read the court's wording below.Mandatory?
In addition, to be sufficient, the military status investigation must include, at a minimum, proof of a search conducted through the Department of Defense, which may be performed through that agency’s internet site, https://scra.dmdc.osd.mil/scra/#/home.
Summary: A sufficient military-status investigation must include proof of a Department of Defense search, which may be performed through the identified SCRA website.
Document Type
Default Judgment Motion
Not confirmed. Read the court's wording below.Mandatory?
A statement of the estimated length of trial.
Summary: A statement estimating the length of trial must be submitted to the Court immediately upon assignment for trial or hearing.
Document Type
Estimated Trial Length Statement
Not confirmed. Read the court's wording below.Mandatory?
A list of all exhibits the party expects to use at trial, indicating whether such exhibits are stipulated for admission into evidence or are marked only for identification.
Summary: Each party must submit a list of trial exhibits identifying whether they are stipulated for admission or marked only for identification.
Document Type
Trial Exhibit List
Not confirmed. Read the court's wording below.Mandatory?
A written stipulation governing all facts that are not in dispute.
Summary: A written stipulation addressing all undisputed facts must be submitted to the Court.
Document Type
Undisputed Facts Stipulation
Not confirmed. Read the court's wording below.Mandatory?
All expert witness reports and disclosures exchanged between the parties.
Summary: All exchanged expert witness reports and disclosures must be submitted to the Court.
Document Type
Expert Reports And Disclosures
Not confirmed. Read the court's wording below.Mandatory?
Marked pleadings and bills of particulars.
Summary: Marked pleadings and bills of particulars must be submitted to the Court immediately upon assignment for trial or hearing.
Document Type
Marked Pleadings And Bills Of Particulars
Not confirmed. Read the court's wording below.Mandatory?
A list of all witnesses who counsel plans to call at trial.
Summary: Counsel must submit a list of all witnesses planned to be called at trial.
Document Type
Trial Witness List
We could not find this wording in the court's document. Open the source before relying on it.Mandatory?
At the commencement of the trial, counsel for the parties and any self-represented parties shall jointly prepare a verdict sheet.
Machine summary and details
Summary: Counsel and any self-represented parties must jointly prepare a verdict sheet at the start of trial.
Document Type
Jury Verdict Sheet
Not confirmed. Read the court's wording below.Important?
The failure to comply with this requirement may result in the denial of the order to show cause.
Summary: Failure to provide the required initiating pleadings may result in denial of the order to show cause.
Document Type
Order To Show Cause Injunctive Relief
Filing & Service rules
Electronic Filing Rules
Any stipulation or letter concerning an adjournment must be electronically filed in NYSCEF at least 36 hours before the conference.
Any stipulations or letters concerning an adjournment shall be electronically filed in NYSCEF at least 36 hours prior to the date of the conference.
Checked and corrected to match the court's document on Oct 5, 2026
Page 7 | IV. Motion Practice Rules
A moving party seeking injunctive relief by order to show cause must provide copies of the summons and initiating complaint or petition through NYSCEF.
Where an order to show cause seeks injunctive relief, copies of the summons and complaint or petition commencing the underlying action must be provided to the Court by the moving party via NYSCEF.
Checked and corrected to match the court's document on Oct 5, 2026
Page 7 | IV. Motion Practice Rules
An e-filing party must electronically file proof of the hard-copy service on parties not recorded as participating in e-filing.
E-filing parties must serve documents in hard copy on parties who have not recorded their participation in e-filing and e-file proof of such service.
Checked and corrected to match the court's document on Oct 5, 2026
Page 8 | IV. Motion Practice Rules
The parties must file in NYSCEF a document detailing the motion's withdrawal, settlement, or other resolution.
In addition, a document detailing the withdrawal, settlement, or other resolution of the motion shall be filed in NYSCEF.
Checked and corrected to match the court's document on Oct 5, 2026
Page 8 | IV. Motion Practice Rules
When the parties agree to resolve issues that would otherwise require motion practice, they must file a stipulation in NYSCEF resolving those issues and stating that the stipulation avoids motion practice.
If the parties can agree to resolve issues that might otherwise be the subject of motion practice, the parties shall file a stipulation in NYSCEF indicating that to avoid motion practice, the parties have agreed to resolve the issues as stated in the stipulation.
Checked and corrected to match the court's document on Oct 5, 2026
Page 8 | IV. Motion Practice Rules
Counsel and self-represented parties must notify the court through NYSCEF and email the Part Clerk with an attached Stipulation of Discontinuance when an action is settled, discontinued, or otherwise disposed of.
If an action is settled, discontinued, or otherwise disposed of in any manner by the parties, counsel and self-represented parties shall immediately inform the Court via the New York State Courts Electronic Filing System (NYSCEF) and email to the Part Clerk at ldavis1@nycourts.gov, attaching a copy of the Stipulation of Discontinuance.
Not confirmed. Read the court's wording below.
Page 2 | I. General Rules, C. Settlements and Discontinuances
All court submissions, including pleadings, motions, proposed orders, stipulations, judgments, and letters, must be filed electronically through NYSCEF.
All submissions to the Court, including pleadings, motions, proposed orders, stipulations, judgments and letters must be electronically filed in NYSCEF.
Not confirmed. Read the court's wording below.
Page 3 | II. E-Filing Rules and Protocol, B. Electronic Filing
The discovery conference application must be emailed to the Part Clerk and e-filed in NYSCEF.
A discovery conference may be obtained by submitting a letter application, not exceeding one (1) page in length, to the Part Clerk, via email and efiling same in NYSCEF.
Not confirmed. Read the court's wording below.
Page 5 | D. Discovery Disputes for Cases Assigned to this Part
After a bench decision, the signed order will be electronically filed by the Court in NYSCEF.
The signed order will be e-filed by the Court in NYSCEF.
Not confirmed. Read the court's wording below.
Page 8 | IV. Motion Practice Rules
A written decision and order issued by the Court will be electronically filed in NYSCEF.
The decision and order will be e-filed in NYSCEF.
Not confirmed. Read the court's wording below.
Page 8 | IV. Motion Practice Rules
Filing Timing and Cure Windows
Notice of settlement, discontinuance, or other party disposition must be provided immediately.
If an action is settled, discontinued, or otherwise disposed of in any manner by the parties, counsel and self-represented parties shall immediately inform the Court via the New York State Courts Electronic Filing System (NYSCEF) and email to the Part Clerk at ldavis1@nycourts.gov, attaching a copy of the Stipulation of Discontinuance.
Checked and corrected to match the court's document on Oct 5, 2026
Page 2 | I. General Rules, C. Settlements and Discontinuances
Service and Proof of Service Rules
A court-signed order to show cause must be served in the manner specified in the order.
If the order to show cause is signed by the Court, a copy of it shall be served in the manner set forth therein.
Checked and corrected to match the court's document on Oct 5, 2026
Page 5 | C. Orders to Show Cause for Cases Assigned to this Part
Counsel and self-represented moving parties seeking temporary injunctive relief must demonstrate compliance with the Uniform Rules requirement to notify affected parties.
Where temporary injunctive relief is sought, counsel for the moving party or any self-represented party shall demonstrate compliance with §202.7 (f) of the Uniform Rules for the New York State Trial Courts regarding notice to affected parties.
Checked and corrected to match the court's document on Oct 5, 2026
Page 7 | IV. Motion Practice Rules
An e-filing party must serve the document in hard copy on any party not recorded as participating in e-filing and electronically file proof of that service.
E-filing parties must serve documents in hard copy on parties who have not recorded their participation in e-filing and e-file proof of such service.
Not confirmed. Read the court's wording below.
Page 8 | IV. Motion Practice Rules
Pre-Motion Conference Requirements
Before seeking judicial intervention on discovery issues, counsel and unrepresented parties must communicate and attempt to resolve or limit the issues.
Prior to seeking judicial intervention, counsel and/or unrepresented parties shall communicate with each and attempt to resolve or limit any discovery issues.
Not confirmed. Read the court's wording below.
Page 5 | D. Discovery Disputes for Cases Assigned to this Part
If discovery issues remain unresolved after the pre-motion conference, the motion presenting the issue to the court must be made by order to show cause.
After the pre-motion conference, if the discovery issues are not resolved, any motion to bring the issue before the Court must be made by order to show cause.
Not confirmed. Read the court's wording below.
Page 5 | D. Discovery Disputes for Cases Assigned to this Part
A discovery conference may be requested by submitting a one-page-or-shorter letter application to the Part Clerk by email and filing it in NYSCEF.
A discovery conference may be obtained by submitting a letter application, not exceeding one (1) page in length, to the Part Clerk, via email and efiling same in NYSCEF.
Not confirmed. Read the court's wording below.
Page 5 | D. Discovery Disputes for Cases Assigned to this Part
Adjournment & Extension Requirements
A request to adjourn an in-court or virtual appearance requires a stipulation signed by all parties, filed in NYSCEF, and emailed to the Part Clerk at least 36 hours in advance unless the Court finds extraordinary circumstances.
For procedural matters, such as a request to adjourn an in-Court or virtual appearance, a written stipulation signed by all parties shall be filed in NYSCEF and emailed to the Part Clerk at ldavis1@nycourts.gov. Such a request must be submitted at least 36 hours in advance, unless the Court determines that there are extraordinary circumstances.
Checked against the court's document on Oct 5, 2026
Page 2 | I. General Rules, D. Immediate Attention
A compliance-conference adjournment requires good cause and, when practicable, at least two business days' notice; a filed and emailed stipulation is preferred, a noticed request is the fallback, and the next conference ordinarily must occur no later than 120 days before the discovery cutoff unless special circumstances apply.
An adjournment of the date on which the compliance conference is to be held shall be granted upon a showing of good cause (22 NYCRR 202.10). When practicable, the request for an adjournment shall be made at least two (2) business days before the scheduled conference. A stipulation of adjournment filed in NYSCEF and emailed to the Part Clerk is preferred. However, if a stipulation cannot be obtained, a request for an adjournment shall be filed in NYSCEF and emailed to the Part Clerk on notice to all other parties. All requests should state the earliest period when the parties will be available for the next conference. The Part Clerk will advise when the next compliance conference will be held, which date shall be no later than one hundred twenty (120) days prior to the last day of discovery set forth in the preliminary conference order, unless there are special circumstances. Unless the parties receive confirmation from the Part Clerk that a conference has been rescheduled, the parties shall appear for the conference as originally scheduled.
Checked against the court's document on Oct 5, 2026
Page 4 | III. Discovery, C. Adjournment of Compliance Conference
A motion may be adjourned no more than three times, and its return date may be extended for no more than 60 days in total.
A motion may not be adjourned more than three (3) times and the return date may not be adjourned for more than a total of sixty (60) days.
Checked against the court's document on Oct 5, 2026
Page 4 | IV. Motion Practice Rules, A
An adjourned compliance conference does not suspend discovery or excuse compliance with the preliminary conference order or compliance conference order.
The parties are cautioned that any adjournment of the compliance conference will not excuse a failure to provide discovery or failure to adhere to a preliminary conference order or compliance conference order and that discovery shall proceed during the period of any adjournment (22 NYCRR 202.10).
Checked against the court's document on Oct 5, 2026
Page 4 | III. Discovery, D. Adherence to Discovery Schedule
A pre-Note of Issue summary-judgment motion return date may be extended no more than three times and for no more than sixty days in total.
The return date for any pre-Note of Issue motions for summary judgment once made may not be extended more than three (3) times and such return date my not be extended for more than a total of sixty (60) days.
Checked against the court's document on Oct 5, 2026
Page 6 | 1. Dispositive Motions — a. Pre-Note of Issue Summary Judgment/Dispositive Motions
No further case adjournment may be granted after a post-Note of Issue summary judgment or dispositive motion is marked fully submitted.
Once a post-note of issue summary judgment or dispositive motion is marked fully submitted, this Court CANNOT grant any further adjournment on the case.
Checked against the court's document on Oct 5, 2026
Page 6 | 1. Dispositive Motions — b. Post-Note of Issue Summary Judgment / Dispositive Motions
A motion conference is not officially adjourned unless the Part Clerk, Confidential Secretary, or Principal Court Attorney communicates the Court's approval.
No motion conference date shall be considered adjourned unless the Part Clerk, Confidential Secretary, or Principal Court Attorney has conveyed the Court’s approval of an adjournment.
Checked against the court's document on Oct 5, 2026
Page 7 | IV. Motion Practice Rules
An adjournment request received fewer than 36 hours before the motion conference will not be granted unless the Court finds extraordinary circumstances.
No adjournment will be granted if not received at least 36 hours prior to the motion conference date unless the Court determines that there are extraordinary circumstances.
Checked against the court's document on Oct 5, 2026
Page 7 | IV. Motion Practice Rules
A discovery-deadline extension must be requested by good-cause stipulation as soon as practicable, preferably before the deadline, submitted by email and uploaded to NYSCEF, and include the adjourned compliance-conference date set after consultation with the Principal Court Attorney.
Applications for extensions of a discovery deadline shall be made by stipulation showing good cause as soon as practicable and preferably prior to the expiration of the deadline. Requests to extend court-ordered discovery deadlines or respond to discovery disputes shall be ===== PAGE 4 ===== submitted via email and uploaded to the NYSCEF system. The date of the adjourned compliance conference, received after consultation with the Principal Court Attorney, shall be included in the stipulation.
Not confirmed. Read the court's wording below.
Page 3 | III. Discovery, B. Discovery Schedule
A party seeking a short motion-conference adjournment must seek consent from all other parties and demonstrate those efforts to the Court.
A party seeking a short adjournment of an oral argument and/or settlement conference must contact all other parties to obtain consent and demonstrate such efforts to the Court.
Not confirmed. Read the court's wording below.
Page 7 | IV. Motion Practice Rules
Chambers Communication Rules
All requests for adjournments must be submitted in writing by email to the Part Clerk.
All requests for adjournments shall be sent in writing by email to the Part Clerk.
Checked against the court's document on Oct 5, 2026
Page 7 | IV. Motion Practice Rules
If a motion or part of a motion is settled, withdrawn, or resolved before its return date or decision, the parties must immediately notify the Court by emailing Part Clerk La’Shawn Davis.
In the event that before the motion return date or before a decision has been rendered the parties settle, withdraw, or otherwise resolve a motion, or part of a motion, they shall immediately inform the Court by contacting the Part Clerk, La’Shawn Davis, by email at ldavis1@nycourts.gov.
Checked against the court's document on Oct 5, 2026
Page 8 | IV. Motion Practice Rules
A party or self-represented filer that issued record-production subpoenas must request that the Part Clerk retrieve the subpoenaed documents upon reporting for trial.
Counsel for any party or any self-represented party who has issued subpoenas for the production of records shall request that the Part Clerk obtain all subpoenaed documents from the file room upon reporting to the Part for trial.
Checked against the court's document on Oct 5, 2026
Page 8 | V. Trial Practice Rules
Upon reporting for trial or hearing, counsel and self-represented parties must immediately notify the Part Clerk if interpreter or disability-related special services are needed for any party or witness.
Upon reporting to the Court for a trial or a hearing, counsel and any self-represented party shall immediately advise the Part Clerk if the services of a foreign language interpreter are required for any party or witness, or if any special services are required for any party or witness who is hearing-impaired or who suffers from any other disability.
Checked against the court's document on Oct 5, 2026
Page 8 | V. Trial Practice Rules
When all parties consent, they may contact Chambers to request a conference to resolve pending motions or settle the entire matter.
Accordingly, in any case assigned to this Part, where all parties consent, they may contact Chambers to request a conference for the purpose of resolving motions pending before this Court or settling the entire matter.
Checked against the court's document on Oct 5, 2026
Page 1 | Contact Information
Counsel and self-represented parties are encouraged to direct scheduling and appearance-adjournment questions to the Part Clerk at the listed email address.
Counsel and any self-represented party should address questions about scheduling appearances or adjourning appearances to the Part Clerk, La’Shawn Davis, at ldavis1@nycourts.gov.
Checked against the court's document on Oct 5, 2026
Page 3 | I. General Rules, H. Scheduling
General e-filing questions should be directed to the E-Filing Resource Center by phone or email.
General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or nyscef@nycourts.gov.
Checked against the court's document on Oct 5, 2026
Page 3 | II. E-Filing Rules and Protocol, A. E-Filing Rules and Protocol
Part Clerk inquiries submitted through NYSCEF or email are limited to scheduling matters and routine submissions.
Inquiries submitted via the NYSCEF system and by email to the Part Clerk are restricted to scheduling matters and routine submissions only.
Checked against the court's document on Oct 5, 2026
Page 4 | III. Discovery, E. Routine Requests
A party seeking help with a discovery issue must timely request a compliance conference by emailing the Part Clerk and notifying all other parties.
If assistance is required regarding a discovery issue, a party shall request a compliance conference in a timely manner by emailing the Part Clerk, on notice to all other parties.
Not confirmed. Read the court's wording below.
Page 4 | III. Discovery, E. Routine Requests
Questions about local e-filing procedures should be directed to the Westchester County Supreme Court Civil Calendar Office at the listed phone number.
Specific questions about local procedures should be addressed to the Westchester County Supreme Court Civil Calendar Office at (914) 824-5300.
Not confirmed. Read the court's wording below.
Page 3 | II. E-Filing Rules and Protocol, A. E-Filing Rules and Protocol