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.

Common questions about Judge James L. Hyer's rules

Are courtesy copies required for Judge James L. Hyer?

Courtesy-copy rule applies for working copys. Details: delivery within 24 hours, by chambers drop off. Required working copies must be mailed or hand-delivered to Chambers within 24 hours after e-filing and no later than the return date or notice of settlement date.

View ruleSource: page 5, section D. E-Filing Rules & Protocol

Does Judge James L. Hyer require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for discovery. Details: 3 pages. Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute and must then notify the court by a letter of no more than three pages describing the dispute and resolution efforts.

View ruleSource: page 8, section Court Conferences

What page or word limits apply to brief before Judge James L. Hyer?

Judge James L. Hyer's rule states these limits: 20 pages. Without advance court permission, each brief or memorandum of law may not exceed 20 pages, and each affirmation or affidavit may not exceed 15 pages.

View ruleSource: page 11, section Motions/Orders to Show Cause/Temporary Restraining Orders: c. General Rules

What formatting rules apply to filings before Judge James L. Hyer?

Judge James L. Hyer's formatting rule includes 12 point type, double spacing and must be typewritten and entirely legible, including exhibits. Unless the court permits otherwise, motion papers and Orders to Show Cause must be typewritten in at least 12-point type, double-spaced, and fully legible, including exhibits.

View ruleSource: page 11, section Motions/Orders to Show Cause/Temporary Restraining Orders: c. General Rules

What must be included with order or judgment filings before Judge James L. Hyer?

The rule identifies required filing content or certificates. An order, judgment, counter-order, or counter-judgment submitted for signature on notice will be returned unless it includes an Affidavit of Service and a Notice of Settlement for a date designated under 22 NYCRR § 202.48.

View ruleSource: page 12, section G. Judgments, Decisions and Orders

What must be included with record of appearance filings before Judge James L. Hyer?

The rule identifies required filing content or certificates. The record of appearance must identify counsel and the represented party, provide counsel’s contact information, and acknowledge familiarity with the Part Rules.

View ruleSource: page 4, section A. Appearances

How may parties contact Judge James L. Hyer's chambers?

The rule addresses letter ecf communications. Correspondence to the court must be transmitted through NYSCEF only.

View ruleSource: page 4, section C. Communications with the Court

How do I request an adjournment or extension before Judge James L. Hyer?

Requests should be made at least 2 business days in advance when this rule applies before Judge James L. Hyer. A conference adjournment request must be submitted in writing through NYSCEF at least two full business days before the conference, unless it is an emergency or falls under Section C(a).

View ruleSource: page 6, section E. Court Conferences: Adjournment of Conferences

Does Judge James L. Hyer require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Oversized papers may be rejected or not considered, and motion papers may include only moving, opposing, and reply papers because sur-reply papers are prohibited.

View ruleSource: page 11, section Motions/Orders to Show Cause/Temporary Restraining Orders: c. General Rules

Is electronic filing required before Judge James L. Hyer?

Yes. Electronic filing is required for the covered filings. Documents in mandatory e-filed cases generally must be filed electronically through NYSCEF, subject to the stated opt-out and consent exceptions, and all other submissions except specified correspondence must be electronically filed.

View ruleSource: page 5, section D. E-Filing Rules & Protocol

What filing deadlines does Judge James L. Hyer set?

Each attorney must file a record of appearance with Chambers within ten days after the earlier of written notice of assignment to the case or written notice of a Preliminary Conference.

View ruleSource: page 4, section A. Appearances

What rule applies to personal service before Judge James L. Hyer?

The rule addresses service method, recipient, or timing requirements. Details: method: personal service. Counsel are designated agents for serving subpoenas on their clients under CPLR § 2303-a.

View ruleSource: page 12, section I. Trial Subpoenas
Complete rules summary for Judge James L. Hyer

An order, judgment, counter-order, or counter-judgment submitted for signature on notice will be returned unless it includes an Affidavit of Service and a Notice of Settlement for a date designated under 22 NYCRR § 202.48.

Each attorney must file a record of appearance with Chambers within ten days after the earlier of written notice of assignment to the case or written notice of a Preliminary Conference.

The record of appearance must identify counsel and the represented party, provide counsel’s contact information, and acknowledge familiarity with the Part Rules.

Every pleading, written motion, and other paper served or filed must be signed by an attorney in compliance with the cited New York rule.

Papers submitted for the court’s signature must be identified on the signature page with information such as the case name, Index Number and year, and document type.

Correspondence to the court must state the full case title and index number and identify that all other counsel or self-represented litigants received a copy simultaneously.

The court will not consider correspondence raising substantive nonprocedural issues, including adjournments, without approval and will treat it as denied.

Counsel and self-represented litigants should not copy the court on their correspondence unless doing so serves a specific judicial purpose.

Correspondence to the court must be transmitted through NYSCEF only.

Documents in mandatory e-filed cases generally must be filed electronically through NYSCEF, subject to the stated opt-out and consent exceptions, and all other submissions except specified correspondence must be electronically filed.

When a party does not participate in NYSCEF, correspondence to the court may be sent by email or mail, with notice to all parties.

Telephone calls to court staff are permitted only for urgent situations requiring immediate attention that cannot be addressed by correspondence.

Email to court staff should be avoided whenever possible.

Emails to the court should be brief and state the requested relief, and must include the full case title and index number and identify the simultaneous transmission of copies to all other counsel or self-represented litigants.

General e-filing questions may be directed to the E-Filing Resource Center by phone or email.

Questions about local e-filing procedures may be directed to the Civil Calendar Office by phone.

Working copies are generally not required in e-filed cases, but are required for motions with large records, and filers must ask Chambers when uncertain.

A motion working copy must include all supporting documents and exhibits with external tabs.

Working copies of proposed judgments, orders, and separation agreements must be separated from the motion submission.

Working-copy bindings and fastenings must not obscure or omit document content, and heavy-duty staples may not be used.

Required working copies must be mailed or hand-delivered to Chambers within 24 hours after e-filing and no later than the return date or notice of settlement date.

Every working copy must include the NYSCEF Confirmation Notice and comply with the applicable e-filing protocols; a working copy lacking the notice will be rejected.

Counsel with conflicting simultaneous appearances must notify Chambers before the appearance date so the court can reconcile the conflict.

Counsel delayed by unforeseen circumstances should contact opposing counsel and notify the Part Clerk or Court staff by telephone as soon as possible.

A conference adjournment request must be submitted in writing through NYSCEF at least two full business days before the conference, unless it is an emergency or falls under Section C(a).

Every adjournment application must state the reason, the opposing parties’ consent or objection, and the requested duration or three available dates and times when consent is obtained, and the communication must be copied to all counsel and self-represented parties.

A non-consent adjournment request must explain why the adjournment is necessary, how long it should last, and why the non-consenting party declined consent.

Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute and must then notify the court by a letter of no more than three pages describing the dispute and resolution efforts.

When a protective order prohibits contact with the opposing party, the party must contact the Part Clerk about the discovery noncompliance instead of contacting the opposing party.

Counsel must file specific deficiency notices at least 24 hours before a scheduled Compliance Conference, with failure potentially resulting in waiver or preclusion.

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