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 Walter Rivera

- **Law Clerk:** Lia Rodriguez - **Assistant Law Clerk:** Elida Loci Harris - **Part Clerk:** Leisa Brown-Shaw

Common questions about Judge Walter Rivera's rules

Does Judge Walter Rivera require a pre-motion conference or letter before filing a motion?

Judge Walter Rivera's rules set a pre-motion procedure for discovery motions. A party may not file a discovery motion unless the Court authorizes or directs it.

View ruleSource: page 5, section DISCOVERY DISPUTES

What must be included with preliminary conference order filings before Judge Walter Rivera?

The rule identifies required filing content or certificates. The dates in the Preliminary Conference Order may not be modified except by court order.

View ruleSource: page 3, section A. Preliminary Conferences

What must be included with note of issue filings before Judge Walter Rivera?

The rule identifies required filing content or certificates. A Note of Issue may not be filed before the Court issues a Trial Readiness Order.

View ruleSource: page 3, section C. Trial Readiness Conferences

How may parties contact Judge Walter Rivera's chambers?

The rule addresses letter ecf communications. 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.

View ruleSource: page 1, section COURT COMMUNICATIONS

How do I request an adjournment or extension before Judge Walter Rivera?

Requests should be made at least 2 business days in advance when this rule applies before Judge Walter Rivera. The request must include proposed new dates. When practicable, a request to adjourn a Preliminary Conference must be made at least two business days before the conference, include two proposed alternative dates, and propose dates no later than one month after the scheduled conference.

View ruleSource: page 4, section ADJOURNMENTS

Does Judge Walter Rivera require motion papers to be bundled?

Yes. Judge Walter Rivera requires bundling for covered papers. All documents needed to decide an application must be included with that application; prior filings with the Clerk are insufficient.

View ruleSource: page 6, section MOTIONS — A. General

Is electronic filing required before Judge Walter Rivera?

Yes. Electronic filing is required for the covered filings. The parties must complete and upload the proposed Preliminary Conference Order to NYSCEF at least two weeks before the conference.

View ruleSource: page 3, section A. Preliminary Conferences

Are filing fees or waivers addressed before Judge Walter Rivera?

The rule addresses filing fees, payment, or waiver procedures. Motion papers must include proof that any required filing fee was paid to the County Clerk.

View ruleSource: page 6, section MOTIONS — A. General

What filing deadlines does Judge Walter Rivera set?

The party filing the RJI must provide written notice of the preliminary conference date to non-e-filing parties and submit proof of notice through NYSCEF at least five days before the conference.

View ruleSource: page 3, section A. Preliminary Conferences

What rule applies to service for examination transcript before Judge Walter Rivera?

The rule addresses service method, recipient, or timing requirements. Details: timing: 2 business days before hearing. At least two business days before a pre-trial examination transcript is read, its proponent must provide a complete copy with page-and-line citations to the court and all other parties.

View ruleSource: page 8, section TRIAL PRATICE RULES — D. Copies of Transcripts
Complete rules summary for Judge Walter Rivera

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.

Correspondence must include the action’s full title and index number, be concise, and state the relief or action requested from the Court.

Ex-parte communications with the Court are strictly prohibited.

Self-represented parties may not contact the Court’s law clerks and must direct all communications through the Part Clerk.

Telephone calls to Chambers are permitted only when immediate attention is required and the matter cannot be handled through NYSCEF correspondence or the Part Clerk, subject to stated exceptions.

The Court does not accept legal papers by fax unless it specifically approves fax transmission in advance for the particular case.

General e-filing questions may be directed to the E-Filing Resource Center by phone at (646) 386-3033 or by email at efile@nycourts.gov.

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

The party filing the RJI must provide written notice of the preliminary conference date to non-e-filing parties and submit proof of notice through NYSCEF at least five days before the conference.

The dates in the Preliminary Conference Order may not be modified except by court order.

When the matter is ready for trial, the parties must upload a proposed Trial Readiness Stipulation and Order to NYSCEF.

A Note of Issue may not be filed before the Court issues a Trial Readiness Order.

Each party must upload the completed Settlement Conference Form to NYSCEF at least 48 hours before the settlement conference.

The completed Settlement Conference Form must be uploaded at least 48 hours before the settlement conference.

When practicable, a request to adjourn a Preliminary Conference must be made at least two business days before the conference, include two proposed alternative dates, and propose dates no later than one month after the scheduled conference.

A conference adjournment request requires opposing counsel's consent, after which the requesting party must upload the request to NYSCEF and email it to the Part Clerk.

Requests to adjourn motions must be emailed to the Motion Support Part at the specified court email address.

A motion-adjournment application must state the reason, whether opposing parties consent or object, and the length of adjournment sought or, with consent, a date when all parties are available.

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

The filer should upload original initiating motion papers to NYSCEF.

Counsel must upload to NYSCEF a letter describing the discovery dispute and the efforts made to resolve it.

Counsel must upload the required discovery-dispute letter electronically through NYSCEF.

When an Order of Protection bars contact with the opposing party, a party concerned about noncompliance must contact Chambers without contacting the opponent.

Counsel must immediately email the Part Clerk when an action or proceeding is settled or withdrawn.

Affirmations, affidavits, and memoranda of law must contain consecutively numbered pages.

Motion papers must include proof that any required filing fee was paid to the County Clerk.

The Court ordinarily will not consider sur-replies, correspondence, or papers filed after a motion's final submission date without court approval.

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

A motion by counsel seeking relief must be brought by Order to Show Cause and include a proposed order.

All documents needed to decide an application must be included with that application; prior filings with the Clerk are insufficient.

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