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 Lewis Lubell

- **Law Clerk:** Gardner Miller - **Secretary:** Eva Nilsson-Smith - **Part Clerk:** Joseph Tuohy

Common questions about Judge Lewis Lubell's rules

What formatting rules apply to filings before Judge Lewis Lubell?

Judge Lewis Lubell's formatting rule includes single spacing and one typed page. The parties' contentions must be submitted on one typed, single-spaced page as soon as possible after trial begins.

View ruleSource: page 3, section IV. Trials

What must be included with application for temporary injunctive relief filings before Judge Lewis Lubell?

The rule identifies required filing content or certificates. Unless otherwise inapplicable, an application for temporary injunctive relief must include either an affirmation detailing a good-faith notice effort or an affirmation stating that notice would significantly prejudice the applicant.

View ruleSource: page 2, section II. Motions — C. Orders to Show Cause

What must be included with marked pleadings filings before Judge Lewis Lubell?

The rule identifies required filing content or certificates. Counsel must provide marked pleadings and an exhibit list as soon as possible after trial begins.

View ruleSource: page 3, section IV. Trials

How may parties contact Judge Lewis Lubell's chambers?

The rule addresses letter ecf communications with Judge Lewis Lubell's chambers. Communications with Chambers must generally be submitted as letters on NYSCEF, subject to judicial direction and any exception or exemption.

View ruleSource: page 2, section III. Communications with Chambers — A. Letters

How do I request an adjournment or extension before Judge Lewis Lubell?

Advance notice is not fully stated in the structured details. An application to adjourn an appearance must be submitted on NYSCEF as a letter or stipulation unless an exception or exemption applies.

View ruleSource: page 2, section III. Communications with Chambers — C. Applications to Adjourn an Appearance

Is electronic filing required before Judge Lewis Lubell?

Yes. Electronic filing is required for the covered filings. All documents in E-Filing Cases must be filed through NYSCEF unless an exception or exemption applies.

View ruleSource: page 1, section I. E-Filing Rules and Protocol

What rule applies to service for requests to charge before Judge Lewis Lubell?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: the opposing party. All requests-to-charge submissions must be served on opposing counsel.

View ruleSource: page 3, section IV. Trials
Complete rules summary for Judge Lewis Lubell

All documents in E-Filing Cases must be filed through NYSCEF unless an exception or exemption applies.

Every submission to the Court, including proposed orders, proposed judgments, and letters, must be electronically filed.

General e-filing questions may be directed to the E-Filing Resource Center by phone at 646-386-3033 or by email at efile@courts.state.ny.us.

Questions about local procedures should be directed by phone to the Civil Department at 914-824-5300.

Unless otherwise inapplicable, an application for temporary injunctive relief must include either an affirmation detailing a good-faith notice effort or an affirmation stating that notice would significantly prejudice the applicant.

Communications with Chambers must generally be submitted as letters on NYSCEF, subject to judicial direction and any exception or exemption.

A letter requiring immediate attention should be emailed to Eva Nilsson-Smith in Chambers and also filed on NYSCEF.

Scheduling and calendar matters should be handled by calling Part Clerk Joseph Tuohy at 914-824-5623 between 9 a.m. and 4:30 p.m.

Unaddressed matters and emergencies requiring immediate attention should be raised by calling Chambers at 914-824-5392, leaving a message with the action name, index number, and call details if necessary.

An application to adjourn an appearance must be submitted on NYSCEF as a letter or stipulation unless an exception or exemption applies.

The adjournment letter or stipulation should state the appearance date, proposed adjourned date, number of prior adjournments, whether the adversary consents, and any reasons given for refusing consent.

An adjournment request must be submitted at least 48 hours before the appearance unless good cause is shown.

Counsel must provide marked pleadings and an exhibit list as soon as possible after trial begins.

Material intended for use on cross-examination does not have to be included on the exhibit list.

The reporter will mark only the items received in evidence.

The parties' contentions must be submitted on one typed, single-spaced page as soon as possible after trial begins.

Counsel must provide all previous judicial decisions entered in the case, including appellate decisions, as soon as possible after trial begins.

All requests-to-charge submissions must be served on opposing counsel.

Counsel must provide pretrial memoranda addressing known disputed legal issues that the Court must determine.

Counsel must provide a list of witnesses for each party as soon as possible after trial begins.

Submit a complete list of requested charges by e-mail to llubell@nycourts.gov, even if the Court has provided standard charges.

For standard pattern charges, only the PJI numbers and section titles must be submitted unless a deviation or addition is requested.

Requested charge deviations, additions, or charges requiring trial-related information must include the full request, included material, and supporting legal authority.

Counsel must jointly prepare a proposed verdict sheet at the close of plaintiff's case.

The proposed verdict sheet must be typed and submitted in final form for presentation to the jury.

If the parties cannot agree on a proposed verdict sheet, each side must present a separate proposed verdict sheet.

When feasible, parties must also submit the proposals by e-mail in a format compatible with Microsoft Word or WordPerfect.

The final verdict sheet will be formalized at a charge conference during the trial after the conclusion of plaintiff's case.

In e-filed cases, hard-copy submissions will be rejected unless accompanied by the completed Notice of Hard Copy Submission - E-Filed Case form.

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