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 Paul I. Marx

- **Courtroom:** 1600 - **Law Clerk:** Bridget Gauntlett, Esq. - **Assistant Law Clerk:** Whyong Shin, Esq. - **Part Clerk:** Joseph Tuohy - **Email:** bglafont@nycourts.gov - **Address:** 111 Dr. Martin L. King, Jr. Blvd

Common questions about Judge Paul I. Marx's rules

Does Judge Paul I. Marx require a pre-motion conference or letter before filing a motion?

Judge Paul I. Marx's rules set a pre-motion procedure for discovery. No party may file a discovery motion without authorization or direction from the Court; counsel should instead use the Section III.F dispute-resolution procedures.

View ruleSource: page 7, section III.C. Discovery Disputes

What must be included with note of issue filings before Judge Paul I. Marx?

The rule identifies required filing content or certificates. A Note of Issue may not be filed until the Court has issued a Trial Readiness Order and directed its filing.

View ruleSource: page 4, section E. Compliance Conference

What must be included with filings before Judge Paul I. Marx?

The rule identifies required filing content or certificates. The Court will not hear oral argument on a motion or Order to Show Cause unless it directs that argument occur.

View ruleSource: page 6, section III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules

How may parties contact Judge Paul I. Marx's chambers?

The rule addresses email communications with Judge Paul I. Marx's clerk. Conference adjournment requests must be submitted in writing by email to the Part Clerk and must not be uploaded to NYSCEF.

View ruleSource: page 3, section C. Adjournment of Conferences

How do I request an adjournment or extension before Judge Paul I. Marx?

Advance notice is not fully stated in the structured details. The request must include reason for request and adversary position. An adjournment application must state the reason for the request, identify whether the opposing parties consent or object, specify the length sought or a mutually available date on consent, and copy all counsel and self-represented parties or it will not be acted upon.

View ruleSource: page 3, section C. Adjournment of Conferences

Does Judge Paul I. Marx require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Motion papers are limited to moving, opposing, and reply papers, but reply papers on an Order to Show Cause require advance permission.

View ruleSource: page 5, section III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules

Is electronic filing required before Judge Paul I. Marx?

Yes. Electronic filing is required for the covered filings. Each exhibit may contain only one document, multiple documents may not be grouped as one exhibit, and each document must be uploaded separately to NYSCEF.

View ruleSource: page 6, section III. Motions & Orders to Show Cause (Temporary Restraining Orders) — A. General Rules

What filing deadlines does Judge Paul I. Marx set?

A summary judgment motion must be filed within 60 days after the filing of the Note of Issue.

View ruleSource: page 7, section III.D. Summary Judgment Motions

What service or proof of service rules apply before Judge Paul I. Marx?

The rule addresses service method, recipient, or timing requirements. Unless extremely unusual circumstances causing significant prejudice are detailed in a supporting affidavit or affirmation, opposing counsel must receive telephone or fax notice at least 24 hours before presentation of an Order to Show Cause seeking a temporary restraining order.

View ruleSource: page 6, section III. Motions & Orders to Show Cause (Temporary Restraining Orders) — B. Temporary Restraining Orders
Complete rules summary for Judge Paul I. Marx

Conference adjournment requests must be submitted in writing by email to the Part Clerk and must not be uploaded to NYSCEF.

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

An adjournment application must state the reason for the request, identify whether the opposing parties consent or object, specify the length sought or a mutually available date on consent, and copy all counsel and self-represented parties or it will not be acted upon.

Correspondence to the Court must be submitted through NYSCEF unless the Court directs otherwise.

Except for the discovery-dispute procedure, telephone calls to Chambers are permitted only for matters requiring immediate attention that cannot be handled through correspondence or the Part Clerk.

A party unable to appear on time because of unforeseen circumstances must contact opposing counsel and notify the Part Clerk or Chambers by telephone as soon as possible.

The Court schedules an in-person Preliminary Conference within 45 days after an RJI is filed, and the RJI-filing party must notify all other parties of the conference date in writing.

A Note of Issue may not be filed until the Court has issued a Trial Readiness Order and directed its filing.

Motion papers are limited to moving, opposing, and reply papers, but reply papers on an Order to Show Cause require advance permission.

A reply to a cross-motion is prohibited.

Sur-reply papers, including sur-replies contained in letters, are prohibited and will not be considered.

Requests to adjourn a motion or extend its briefing schedule must be submitted to the Motion Support Part.

Deposition or examination-before-trial transcripts submitted as exhibits must be single-sided.

The Court will not hear oral argument on a motion or Order to Show Cause unless it directs that argument occur.

A party may request oral argument by stating “Oral Argument Requested” above the Index Number on the first page, but the request is not automatically granted and the Court will notify the parties if it grants the request.

Plaintiffs must number exhibits, defendants must letter them, and a party should continue its designation system across subsequent submissions.

Each exhibit may contain only one document, multiple documents may not be grouped as one exhibit, and each document must be uploaded separately to NYSCEF.

Exhibits must be specifically referenced in the motion papers or the Court will not consider them.

Citations to legal authority must use official citations.

Parties are requested, but not required, not to submit minuscripts.

In cases not filed electronically, a proposed Order to Show Cause must include a fax number so the signed conformed order can be sent to the movant.

Unless extremely unusual circumstances causing significant prejudice are detailed in a supporting affidavit or affirmation, opposing counsel must receive telephone or fax notice at least 24 hours before presentation of an Order to Show Cause seeking a temporary restraining order.

The Court may, in its discretion, waive the 24-hour notice requirement in a true emergency.

No party may file a discovery motion without authorization or direction from the Court; counsel should instead use the Section III.F dispute-resolution procedures.

A summary judgment motion must be filed within 60 days after the filing of the Note of Issue.

A request to so order a subpoena must be emailed to Whyong Shin at wshin@nycourts.gov after the subpoena is electronically filed.

Counsel must notify the Part Clerk of a needed trial translator or interpreter no later than the settlement conference.

Counsel must advise the Court before jury selection and provide opposing counsel a copy of each anticipated exhibit or demonstrative item intended for use or reading during opening statements.

Counsel must advise the Court and provide opposing counsel a copy of each anticipated exhibit or demonstrative item intended for use or reading during closing statements.

At a party's option, a proposed order may be submitted with the bench-decision transcript for so-ordering, but proposed orders and judgments must not be submitted by fax.

More Judges in New York Supreme Court, Westchester County

Alexandra D. Murphy
Judge
Amy S. Puerto
Judge
Anne E. Minihan
Judge
Charles D. Wood
Judge
Christie L. D'Alessio
Judge
David F. Everett
Judge
David J. Squirrell
Judge
David S. Zuckerman
Judge