New York Supreme Court, Westchester County Pre-Motion Conference Requirements

Checked against the court's document on Oct 5, 2026CRITICAL

A cross-motion will not be accepted without prior Court permission unless specified in the Order to Show Cause.

No cross motion will be accepted absent prior permission of the Court or as specified in the Order to Show Cause.

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The signed Order to Show Cause will state whether appearances are required; if appearances are not required, neither an appearance nor oral argument will occur on the return date.

If appearances are required on the return date of the motion, the Court shall so indicate in the signed Order to Show Cause. Otherwise, no appearance is required, and no oral argument will be heard on the return date of the motion.

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A pre-motion conference shall occur before motion practice so the court may attempt to resolve issues.

The pre-motion conference shall be held to permit the court the opportunity to resolve issues before motion practice ensues.

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Discovery motions require the Court’s prior permission, and discovery is permitted only under unusual circumstances.

10. No discovery motions shall be allowed without prior permission of the Court. The CPLR is the governing procedure for all motions. Discovery shall not be permitted except under unusual circumstances.

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Cross-petitions may not be filed without the Court’s permission.

12. Cross-Petitions shall not be filed without permission of the Court.

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An unresolved disclosure or bill-of-particulars dispute must be raised with the Court for a conference, and a related motion may be filed only with Court authorization after the conference fails to resolve it.

Therefore, if a dispute over disclosure or a bill of particulars arises that cannot be resolved by the parties’ own diligent, good faith efforts, the aggrieved party shall notify the Court and a conference will be scheduled. A motion related to disclosure, or a bill of particulars is not to be made by any party, in any type of proceeding, unless authorized by the Court after conferencing fails.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

An attorney familiar with the case and authorized to act must attend the preliminary conference unless a party appears self-represented.

Except in cases where a party is appearing self- represented, an attorney thoroughly familiar with the action and who is authorized to act on behalf of the party must appear at the preliminary conference.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Before the preliminary conference, counsel must consult and make a good-faith effort to reach agreement on the conference issues.

Counsel for all parties shall consult one another with respect to these issues prior to the preliminary conference and shall make a good faith effort to reach agreement in advance of the preliminary conference (22 NYCRR 202.11).

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A discovery-related motion may not be filed until a pre-motion conference has been requested and held and the court has issued a briefing schedule.

NO DISCOVERY-RELATED MOTION MAY BE FILED UNTIL A PRE-MOTION CONFERENCE HAS BEEN REQUESTED AND HELD AND A BRIEFING SCHEDULE ISSUED BY THE COURT.

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Except in exigent circumstances, parties must confer in good faith in person or by telephone before requesting a discovery pre-motion conference and ordinarily should not copy the court on their discovery correspondence.

Absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone regarding the claimed failure to engage in discovery and the claimed compliance or reason for noncompliance prior to requesting a pre-motion conference (22 NYCRR 202.20-f). The parties are not to copy to Court on correspondence between them concerning discovery issues unless specifically requested to do so by the Court.

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A preliminary conference addressing a discovery dispute may satisfy the pre-motion conference requirement, but motion papers may not be filed until a preliminary conference order issues.

If a discovery dispute is addressed during a preliminary conference, the preliminary conference may constitute the pre-motion conference; however, no motion papers may be filed until after a preliminary conference order has been issued.

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A motion to vacate the Note of Issue may not be filed until a requested pre-motion conference has been held.

No motion to vacate the Note of Issue shall be filed until a pre-motion conference has been requested and held.

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Before filing a motion concerning deposition objections or other deposition-related relief, counsel must attempt resolution in good faith and conference with the court.

b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the IAS Justice’s Part by email or telephone/TEAMs conference call for a determination and shall make no motion in the absence of a conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice.

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All motions and cross-motions may be filed only by Order to Show Cause.

Parties may only file motions and cross motions by Order to Show Cause.

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Except in emergencies, a party must obtain court approval and submit a written request explaining the issues warranting briefing before filing a motion; failure to seek permission may result in denial of the Order to Show Cause.

ALL MOTIONS, EXCEPT IN EMERGENCIES, REQUIRE COURT APPROVAL PRIOR TO BEING FILED. A party that wishes to make a motion must submit a written request briefly explaining the issue(s) that warrant briefing. Failure to seek permission may result in the Court declining to sign the Order to Show Cause.

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A party seeking a motion must file and upload through NYSCEF a pre-motion conference request on notice to all other parties that states the anticipated motion’s basis and is no more than two pages.

Pursuant to Section V (A) (Pre-Motion Conferences) of the MPOR, any party seeking to make a motion must file a written letter request for a pre-motion conference on notice to all other parties and upload the letter to NYSCEF. The letter request should state the basis of the anticipated motion and may not exceed two (2) pages.

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A discovery-dispute motion may not be filed until a pre-motion conference has been requested and held as required.

No motion concerning a discovery dispute shall be made until a pre-motion conference has been requested and held in accordance with 22 NYCRR § 202.20-f and section III, subdivision C of the CCM Rules.

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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.

In lieu of discovery motion practice, it is the policy of the Court to make itself and its staff available to resolve disputes related to pretrial discovery. Therefore, no discovery motion is to be made by any party unless authorized or directed by the Court. Instead, counsel should abide by the procedures set forth in Section III.F above to resolve discovery disputes.

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The dates in a Preliminary Conference Order may be modified only by court order.

No modifications of the dates in the Preliminary Conference Order are permitted except by Order of the Court.

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Before raising a discovery dispute, counsel or a self-represented litigant must make good-faith, substantive telephone or written communication with the other side concerning the claimed noncompliance; a pro forma letter is insufficient.

Counsel (or self-represented litigant) who believes that discovery is not being conducted in accordance with the Court’s Order is to discuss, in good faith, as required by Court Rule § 202.7, the claimed noncompliance with opposing counsel or self-represented litigant. A pro forma letter does not constitute a good faith effort. There must be actual substantive communication between counsel, either telephonically or in writing, regarding the claimed failure to engage in discovery and the claimed noncompliance or reason for noncompliance.

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Parties may not file motions concerning discovery disputes.

The parties are NOT to make any motion concerning discovery.

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Motions are ordinarily decided on the papers, without a return-date appearance, unless the Court specifically requires oral argument.

All motions will be decided by submission and personal appearances on the return date are not required unless the Court specifically directs oral argument.

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A party seeking a motion must give notice and upload a written pre-motion conference request stating the anticipated motion's basis; the request and any permitted response are limited to two pages, and a response must be filed through NYSCEF within one business day after service.

Pursuant to Section C.3. (Motions) of the Matrimonial Part Operational Rules, any party seeking to make a motion must file a written letter request for a pre-motion conference on notice to all other parties and upload the letter to NYSCEF. The letter request should state the basis of the anticipated motion and may not exceed two (2) pages. All parties so served may serve and file a letter response, not to exceed two (2) pages, via NYSCEF within one (1) business day from service of the notification letter

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An Order to Show Cause may be brought only for a genuine emergency, when a stay is required, or for a post-judgment application.

An Order to Show Cause shall be brought only when there is genuine emergency, a stay is required, or the application is being filed post-judgment.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Requests to modify discovery schedules must be raised and addressed at the compliance conference.

Requests for modifications to discovery schedules shall be raised and addressed at the compliance conference.

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Before requesting a pre-motion discovery conference, a party must make a good-faith effort to resolve the dispute through meaningful direct discussion without the court.

A party that encounters a discovery dispute shall make a good faith effort (without the Court) to resolve the dispute by engaging in meaningful discussion(s), by telephone or email or other means of direct communication, prior to requesting a pre-motion discovery conference with the Court (22 NYCRR 202.20-f).

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Parties may not file discovery motions unless the court authorizes or directs them.

The parties are NOT to make any motion concerning discovery (unless authorized or directed by the Court).

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A party may not file a discovery motion unless the Court authorizes or directs it.

Therefore, no discovery motion is to be made by any party unless authorized or directed by the Court.

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Discovery-related motions, including discovery-based dismissal motions and cross-motions, may not be filed until a pre-motion conference has been requested and held, and the parties must confer in good faith before requesting the conference.

No discovery-related motion (including a motion to dismiss predicated upon a discovery violation and including any discovery cross-motion) may be interposed and e-filed until a pre- motion conference has been requested and held. The parties are expected to confer in good faith prior to requesting a pre-motion conference.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Attorneys must contact the Preliminary Conference Part by email or telephone conference call and confer with the court in good faith before filing a deposition-related motion.

b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the Preliminary Conference Part by email or telephone conference call for a determination and shall make no motion in the absence of a conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice.

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

A conference on the request for a Temporary Restraining Order, if required, will be conducted by the Court at a date and time set by the Court.

Checked against the court's document on Oct 5, 2026WARNING

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.

Where it is reasonably likely that a case will include electronic discovery, attorneys for the parties shall meet and confer to discuss and agree on a stipulation governing such electronic discovery. If the parties, after conferring, are unable to reach a stipulation, the Court will address same at the preliminary conference.

Checked and corrected to match the court's document on Oct 5, 2026WARNING

When a dispositive motion filed with the RJI substitutes for a preliminary-conference request, the Court sets a control date for filing the conference stipulation.

In the event that a dispositive motion is filed and accompanies the RJI rather than a request for a preliminary conference, the Court will issue a control date for the submission of a preliminary conference ===== PAGE 8 ===== stipulation.

Checked against the court's document on Oct 5, 2026WARNING

If good-faith discussions fail, a party may request a discovery pre-motion conference by emailing the Part Clerk and noticing all other parties.

If the parties’ good faith discussions fail to resolve the discovery dispute, the parties may request a pre-motion conference by emailing the Part Clerk on notice to all other parties.

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Unless the court orders otherwise in a particular case, motions are submitted without oral argument.

Absent a specific order to the contrary from this Court in a particular case, all motions shall be submitted without oral argument.

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No appearance is required on a motion’s return date unless the court directs one.

There will be no appearances on the return date of any motion unless this Court so directs.

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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.

Exception: Where an Order of Protection prohibits one party from contacting another party, the party who believes that discovery is not being complied with shall contact the Part Clerk without contacting the opposing party.

Checked and corrected to match the court's document on Oct 5, 2026WARNING

Unless the Court directs otherwise, motions are decided on written submission without an appearance.

Unless otherwise advised by the Court, all motions are by submission only.

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

A conference on the request for a Temporary Restraining Order, if required, will be conducted by the Court at a date and time set by the Court.

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A pre-motion conference is recommended, and counsel may request one to resolve disputed issues.

In an attempt to resolve disputed issues, the Court recommends and counsel may request a pre-motion conference.

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Counsel should attempt to resolve issues with opposing counsel before making a motion.

Prior to making any motion, Counsel should attempt to resolve issues with opposing counsel.

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Preliminary conferences are held in person on Monday through Thursday mornings at 9:30 a.m.

Preliminary conferences are held in person at a general calendar call on Monday, Tuesday, Wednesday and Thursday mornings at 9:30 a.m.

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No discovery related motion may be submitted until after a pre-motion conference has been requested and held.

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

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A preliminary conference may constitute the pre-motion conference; however, no motion shall be made before a preliminary conference order has been issued.

Summary: A preliminary conference can satisfy the pre-motion conference requirement, but no motion may be filed before the preliminary conference order issues.

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Prior to seeking judicial intervention, counsel and/or unrepresented parties shall communicate with each and attempt to resolve or limit any discovery issues.

Summary: Before seeking judicial intervention on discovery issues, counsel and unrepresented parties must communicate and attempt to resolve or limit the issues.

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After the pre-motion conference, if the discovery issues are not resolved, any motion to bring the issue before the Court must be made by order to show cause.

Summary: If discovery issues remain unresolved after the pre-motion conference, the motion presenting the issue to the court must be made by order to show cause.

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Prior to seeking judicial intervention by motion, counsel and/or unrepresented parties shall communicate with each other and attempt to resolve or limit any discovery issues. The court endeavors to resolve discovery disputes promptly, and parties who cannot resolve a discovery dispute must seek a court conference, which may be held telephonically, virtually or in person, before moving for relief.

Summary: Before seeking judicial intervention on a discovery dispute, parties must communicate and attempt to resolve or limit the dispute, and must obtain a court conference before moving if they cannot resolve it.

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The application for a discovery conference may be made by any counsel or unrepresented parties and must be submitted within eight (8) days of service of the motion. Failure to request a discovery conference may result in summary denial of the motion.

Summary: Any counsel or unrepresented party may request a discovery conference within eight days after service of the motion, and failure to request one may result in summary denial.

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Motions filed before a pre-motion conference has been held will be denied unless good cause is shown why such relief is warranted before the conference is held.

Summary: A discovery motion filed before the required pre-motion conference will be denied unless the party shows good cause for obtaining relief before the conference.

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The parties are not to make any motion concerning discovery without first having attempted to resolve the issue(s). If counsel cannot resolve the discovery issue between themselves after a good faith effort, then the counsel who believes that the discovery is not being conducted in accordance with the Court’s Order is to contact the Court by letter, limited to three pages, to advise of the nature of the dispute and the efforts that have been made to attempt to resolve it.

Summary: 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.

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Upon assignment of a case to this Part following the filing of an RJI and Request for a Preliminary Conference, the Court will schedule such a conference at which personal appearances are mandatory.

Summary: After an RJI and request for a preliminary conference are filed and the case is assigned to the Part, the court schedules a preliminary conference at which personal appearances are mandatory.

Not confirmed. Read the court's wording below.WARNING?

Absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone prior to requesting a pre- motion conference (22 NYCRR § 202.20-f).

Summary: Unless exigent circumstances exist, the parties must confer in good faith in person or by telephone before requesting a pre-motion conference.

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A discovery conference may be obtained by submitting a letter application, not exceeding one (1) page in length, to the Part Clerk, via email and efiling same in NYSCEF.

Summary: A discovery conference may be requested by submitting a one-page-or-shorter letter application to the Part Clerk by email and filing it in NYSCEF.

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Counsel shall consult regarding the matters to be addressed at the preliminary conference and shall make a good faith effort to reach agreement in advance of the conference

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

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All parties so served may serve and file a letter response via NYSCEF within one (1) business day from service of the notification letter.

Summary: Parties served with the pre-motion notification may serve and file a response through NYSCEF within one business day after service.

Not confirmed. Read the court's wording below.WARNING?

The Court will schedule an in-person Preliminary Conference within 45 days after a Request for Judicial Intervention (RJI) has been filed on a matter. The Part Clerk will forward to the party filing the RJI a letter or email setting forth the date on which the Preliminary Conference will be conducted. The party who files the RJI shall advise all other parties of the Preliminary Conference date in writing.

Summary: 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.

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There will be no appearances unless specifically stated by the court.

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

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A conference on the request for a Temporary Restraining Order, if required, will be conducted at a date and time set by the court.

Summary: A required conference on a temporary restraining order request will be scheduled by the court.

Not confirmed. Read the court's wording below.INFO?

In accordance with MPOR Section V (A), a request for a pre-motion conference shall not be required after the filing of a Note of Issue.

Summary: A pre-motion conference request is not required after filing a Note of Issue.