Court Rules

Court-wide rules

Applies court-wide

These 448 rules apply across New York Supreme Court, Westchester County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 140
  • Applies to
    Preliminary conference order
    Must include
    proposed order

    At least 10 days before the Preliminary Conference, the parties’ attorneys must meet in person or by meaningful phone conference to review and complete the proposed order and address specified issues.

  • Applies to
    Statements of net worth

    The required Statements of Net Worth and attachments must be exchanged between counsel and/or self-represented parties.

  • Applies to
    Conference request
    Must include
    local rule certificate

    A written conference request must identify the issues and available participants and include a detailed 22 NYCRR §130-1.1(a) certification of the prior conference or good-faith resolution attempts.

E-Filing

All 60
  • Applies to
    Proposed order

    The proposed Preliminary Conference Order must be submitted through NYSCEF at least two days before the scheduled conference.

  • Applies to
    Stipulation

    A written custody stipulation must be executed in deed-recordable form and filed through NYSCEF for the court to so order it, unless the parties instead place the agreement on the record and provide a transcript.

  • Applies to
    Request for sur reply

    A request to submit a sur-reply must be filed on NYSCEF and emailed to the assigned justice’s chambers or a court-attorney referee.

Filing Timing

All 55
  • The proposed Preliminary Conference Order is due at least two days before the scheduled conference.

  • Counsel and self-represented parties must file the required Statements of Net Worth and attachments no later than 10 days before the Preliminary Conference.

  • A party opposing any part of an application must submit its opposition and basis within five days after receiving the application.

Communication

All 51
  • Contact
    Email

    The listed email address may be used only to request an initial foreclosure settlement conference for a voluntary case; the Court will respond by mail rather than email.

  • Contact
    Email

    If a motion or part of a motion settles before its return date or decision, the parties must immediately notify chambers or the court-attorney referee in writing by email.

  • When specified Family Court relief is sought while a matrimonial action remains pending and process has been served, the parties must promptly notify the assigned justice’s chambers or court-attorney referee.

About Judge Diane M. Clerkin

- **Law Clerk:** Gardner Miller - **Secretary:** Gianine Beall - **Part Clerk:** Vanessa Carmona Louis - **Email:** vlouis@nycourts.gov

Common questions about Judge Diane M. Clerkin's rules

Does Judge Diane M. Clerkin require a pre-motion conference or letter before filing a motion?

Judge Diane M. Clerkin's rules set a pre-motion procedure for covered motions. An attorney familiar with the case and authorized to act must attend the preliminary conference unless a party appears self-represented.

View ruleSource: page 7, section II. GENERAL RULES

What page or word limits apply to pretrial memorandum before Judge Diane M. Clerkin?

Judge Diane M. Clerkin's rule states these limits: 10 pages. The pretrial memorandum of law is limited to ten pages.

View ruleSource: page 10, section F. Pre-Trial Memoranda and Trial Notebooks

What page or word limits apply to letter before Judge Diane M. Clerkin?

Judge Diane M. Clerkin's rule states these limits: 1 pages. A party seeking help with a discovery issue must timely request a compliance conference by emailing the Part Clerk, notifying all other parties, and uploading a NYSCEF letter of no more than one page describing the issue.

View ruleSource: page 6, section IV. CONFERENCES

What formatting rules apply to filings before Judge Diane M. Clerkin?

Judge Diane M. Clerkin's formatting rule includes binding three ring binder, sequential tabs dividing each section, plaintiffs shall use numbered tabs, and defendants shall use lettered tabs. Trial notebooks must be assembled in three-ring binders with sequential section tabs, using numbered tabs for plaintiffs and lettered tabs for defendants.

View ruleSource: page 14, section J. Trial Notebooks

What must be included with preliminary conference prerequisite filings filings before Judge Diane M. Clerkin?

The rule identifies required filing content or certificates. Before the preliminary conference, the petitioner must electronically file the Notice of Petition and Petition with an affidavit of service and a Request for Judicial Intervention with an affidavit of service for each calendared tax year.

View ruleSource: page 5, section V.C.2.b. Conferences in Tax Certiorari Proceedings — Preliminary Conferences

What must be included with letter application filings before Judge Diane M. Clerkin?

The rule identifies required filing content or certificates. The preliminary-conference request letter must include a good-faith statement identifying the issues to be discussed for each calendared tax year.

View ruleSource: page 5, section V.C.2.b. Conferences in Tax Certiorari Proceedings — Preliminary Conferences

How may parties contact Judge Diane M. Clerkin's chambers?

Chambers must be promptly notified in advance of any future court appearance after a proceeding is settled before the scheduled date.

View ruleSource: page 11, section X. Settlements, Discontinuances and Dismissals

How does Judge Diane M. Clerkin handle sealed or redacted filings?

Judge Diane M. Clerkin's rules set procedures for sealed or redacted filings. Process: file redacted on ecf and file unredacted to clerk. Parties must redact social security numbers and confidential personal information, and where permissible file the redacted document on NYSCEF while simultaneously emailing the unredacted version to the Part Clerk with an explanation of the redaction.

View ruleSource: page 5, section II. GENERAL RULES

How do I request an adjournment or extension before Judge Diane M. Clerkin?

Advance notice is not fully stated in the structured details. The Court will notify the requester through NYSCEF or reply email, will not act on requests not copied to all other parties, and will not treat a consented request as granted absent express court advice.

View ruleSource: page 4, section V.B. Adjournments

Does Judge Diane M. Clerkin require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Each NYSCEF exhibit must contain one separately uploaded document, and multiple documents may not be grouped under one exhibit.

View ruleSource: page 10, section VI. MOTIONS GENERALLY — B. Papers

Is electronic filing required before Judge Diane M. Clerkin?

No. Electronic filing is prohibited for the covered filings. The Court generally prohibits fax or email submission of legal papers unless the Court approves that method in advance for the particular case.

Are filing fees or waivers addressed before Judge Diane M. Clerkin?

A fee is required for covered filings. Any required fee for an order to show cause must be paid at the County Clerk’s Office before submission to the Court.

View ruleSource: page 11, section G. Orders to Show Cause and Temporary Restraining Orders

What filing deadlines does Judge Diane M. Clerkin set?

The joint stipulation must be submitted through NYSCEF no later than 48 hours before the pre-trial conference.

View ruleSource: page 6, section V.C.2.c. Pre-Trial Conferences

What rule applies to service for letter application before Judge Diane M. Clerkin?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. The preliminary-conference letter application must be emailed to all parties for notice and filed on NYSCEF under the subject petition index numbers.

View ruleSource: page 5, section V.C.2.b. Conferences in Tax Certiorari Proceedings — Preliminary Conferences
Complete rules summary for Judge Diane M. Clerkin

The Court will notify the requester through NYSCEF or reply email, will not act on requests not copied to all other parties, and will not treat a consented request as granted absent express court advice.

The appraisal exchange date cannot be extended without prior court approval, even if the parties stipulate to an extension.

Objections to the admissibility of an appraisal must be filed within thirty days of service of the appraisal or they are waived.

The Senior Court Clerk may be contacted by email at bjgreene@nycourts.gov or by telephone at (914) 824-5342.

Telephone calls to Chambers are permitted only for situations requiring immediate attention that cannot be resolved through correspondence or contact with the Part’s staff.

Except when scheduling a conference call, counsel must include all opposing counsel when telephoning the Court.

The requesting party must arrange the conference call and provide its call-in information to the Court and all other parties.

The Court generally prohibits fax or email submission of legal papers unless the Court approves that method in advance for the particular case.

Documents in mandatory e-filed cases must be filed through the New York State Courts E-Filing System, NYSCEF.

General e-filing questions may be directed to the E-Filing Resource Center by telephone at (646) 386-3033 or email at efile@nycourts.gov.

An adjournment request must be emailed in writing to the Court Attorney-Referee and uploaded to NYSCEF as a letter at least 48 hours before the conference.

A conference adjournment requires a showing of good cause and ordinarily does not extend a court-ordered deadline unless the court so directs.

Every adjournment application must state the reason, opposing parties' consent or objection, and requested duration; consent requests must include available alternative dates and be copied to all counsel and self-represented parties.

A non-consent adjournment request must explain the need for and length of the adjournment and state the non-consenting party's reason, while objecting parties may briefly state their objections.

Dates set by the Court may not be modified except by court order and for good cause shown.

A party seeking modification of court-set dates must promptly contact the Court Attorney-Referee by email and NYSCEF letter to request a conference.

Either party may request a preliminary conference by emailing a letter application to the Court Attorney-Referee and uploading it to NYSCEF.

The preliminary-conference letter application must be emailed to all parties for notice and filed on NYSCEF under the subject petition index numbers.

Before the preliminary conference, the petitioner must electronically file the Notice of Petition and Petition with an affidavit of service and a Request for Judicial Intervention with an affidavit of service for each calendared tax year.

The preliminary-conference request letter must include a good-faith statement identifying the issues to be discussed for each calendared tax year.

Counsel must consult and make a good-faith effort to reach agreement before the preliminary conference.

A separate electronically filed Note of Issue, Certificate of Readiness, and affidavit of service is required for each tax year to place the matter on the trial calendar.

The parties must submit a joint stipulation concerning undisputed facts, resolved or withdrawn issues, and remaining issues at least 48 hours before the pre-trial conference through NYSCEF.

The joint stipulation must be submitted through NYSCEF no later than 48 hours before the pre-trial conference.

The pre-trial conference must be held at least 60 days before the trial date.

Every attorney who will conduct the trial must attend the pre-trial conference and be prepared to participate in settlement negotiations.

Before filing the Note of Issue and Certificate of Readiness, the petitioner must serve the respondent, in triplicate, with either a non-income-producing statement or a verified or certified income-and-expenses statement for each tax year under review.

The Note of Issue and Certificate of Readiness may not be filed until all disclosure proceedings are complete and the income-and-expenses statement has been served and filed.

Respondent may request in writing an audit within 60 days after service of the statement of income and expenses.

A requested audit must be completed within 120 days unless the court extends that time for good cause.

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