New York Supreme Court, Westchester County Filing Rules

Parties must submit the proposed Preliminary Conference Order via NYSCEF at least two (2) days before the scheduled Conference.

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

A dispositive motion must include copies of all pleadings filed through the motion’s filing date, and noncompliance may result in denial.

The preliminary conference order must state the date of the first compliance conference.

Every pleading, written motion, and other paper served or filed in an action must be signed by an attorney under the cited rule.

A party that does not receive its virtual-appearance link must email the assigned IAS Justice’s part clerk, with notice to all other parties, no later than two business days before the appearance.

Parties are encouraged to request a pre-motion conference by emailing the Part Clerk, with notice to all other parties, at the earliest practicable opportunity.

Counsel unable to appear on time because of unforeseen circumstances must contact opposing counsel and advise the Part Clerk or Court staff by telephone as soon as possible.

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

Correspondence must be sent through NYSCEF unless the Court directs otherwise, and copies of e-filed correspondence must not be sent to the Court by email or regular mail.

After a preliminary-conference stipulation is accepted and entered as an order, the Court must upload it to NYSCEF.

When an action is settled, discontinued, or otherwise disposed of, the parties must immediately notify the Court and file the Stipulation of Discontinuance through NYSCEF in an e-filed case.

Unless otherwise directed, communications with the Court must be submitted by letter filed on NYSCEF and emailed to the Part Clerk, without copying the Court on correspondence between parties.

The parties must complete and upload the proposed Preliminary Conference Order to NYSCEF at least two weeks before the conference.

Each attorney must file a Notice of Appearance with Chambers through NYSCEF within ten days after the earlier of written notice of assignment to the Part or written notice of a Preliminary Conference.

A compliance-conference adjournment does not excuse missed discovery or violations of scheduling orders, and discovery must continue during the adjournment.

An appearance adjournment requires a timely request by NYSCEF letter and email to the Part Clerk, a showing of good cause caused by an unavoidable scheduling conflict, and specified information about the appearance and party consent.

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.

Discovery must continue during any compliance-conference adjournment.

An adjournment of a compliance conference requires a showing of good cause.

If the parties agree on a discovery schedule, they may submit a signed preliminary-conference stipulation within 30 days.

Opposition papers to a summary-judgment motion must be served and filed within 30 days after service and filing of the motion papers.

The Court must be informed immediately of a settlement, discontinuance, or other party disposition, with a copy of the Stipulation of Discontinuance.

The parties may submit a Preliminary Conference Stipulation at least three business days before the scheduled preliminary conference.

Counsel must immediately notify the court when an action or motion is settled, discontinued, withdrawn, or otherwise disposed.

Pre-motion conferences must be held for discovery disputes so the court may resolve issues before motion practice begins.

When electronic discovery is reasonably likely, attorneys must confer on an e-discovery stipulation, and any unresolved issue will be addressed at the preliminary conference.

A return-date appearance is not required unless the Court specifically states that one is to occur.

A discovery-related motion cannot be submitted until a pre-motion conference has been requested and held.

When required, the Court will hold a Temporary Restraining Order conference at a date and time set by the Court.

Copies of physicians’ medical reports must be served on all parties at least 20 days before the physical examination.

An unrepresented defendant borrower who opted out of NYSCEF receives the scheduling notice by first-class U.S. mail.

When redacted filings are permitted, the redacted document is filed on NYSCEF and the unredacted document is simultaneously emailed to the Part Clerk.

Post-judgment applications must be filed with the Westchester County Clerk and noticed to all interested parties in the manner stated in the Findings of Fact, Conclusions of Law and Judgment.

Correspondence to the Court must be copied to all parties.

Evidence filed through NYSCEF should use appropriate redactions and Bates-stamp or similar pagination for multiple pages.

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

Exhibit numbering or lettering must continue from the previous filing rather than restart within a motion or cross-motion.

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.

Social security numbers in documents uploaded to NYSCEF must be formatted as xxx-xx-____.

An applicant seeking assignment to the Environmental Claims Part must submit an RJI and a one-page explanatory letter.

Absent advance Court permission for good cause, briefs and memoranda of law are limited to 25 pages each, while affirmations and affidavits are limited to 10 pages each.

Absent express permission from the Court, attorney affidavits, affirmations, and principal memoranda of law are limited to 7,000 words each, while their reply counterparts are limited to 4,200 words each and must respond to arguments in the principal memoranda.

The pretrial memorandum of law is limited to ten pages.

Unless the Court gives advance permission for good cause shown, briefs and memoranda of law are limited to 30 pages each.

A file-stamped copy of the Note of Issue must be submitted to the Part Clerk within two business days after filing.

Working copies are not being requested at this time.

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.

Courtesy copies of original initiating motion papers must not be submitted.

Working copies are generally unnecessary unless the Court directs otherwise.

An unrepresented owner may submit the OCA-approved affidavit to request waiver of court costs, fees, and expenses and, if requested, discretionary assignment of counsel, which the court will grant or deny.

The Court must approve any request for attorney’s fees before payment is made.

Original initiating motion papers submitted to the County Clerk must be accompanied by the required filing fees.

Payment of any required fee at the County Clerk’s Office is required before submitting an Order to Show Cause for signature.

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

A reply to a cross-motion is prohibited.

Multiple documents may not be grouped under one exhibit, and each exhibit must contain one document uploaded separately through NYSCEF.

Each NYSCEF exhibit must contain one separately uploaded document, and multiple documents may not be grouped under one exhibit.

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.

Motion papers must be bound together, and the Court will not accept loose motion papers, affidavits, affirmations, or exhibits.

Social security numbers and other confidential personal information, including an infant’s full name, must be omitted or redacted; noncompliance results in a sealing order and requires resubmission with proper redactions.

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.

Documents must redact social security numbers and confidential personal information, and noncompliant documents will be sealed and require resubmission with proper redactions.