Court Rules
Judge

Judge Richard J. Montelione

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, Kings County

Limits & Logistics

Document Limits

Letter
2 pgs
Motion In Limine Letter
2 pgs
Pre Mediation MemorandumCourt-wide
3 pgs
Disclosure Dispute LetterCourt-wide
2 pgs
Disclosure Dispute Response LetterCourt-wide
2 pgs
BriefCourt-wide
25 pgs

Courtesy Copies

Letter

  • Email

Proposed Order

  • Email • Immediately Upon Filing
  • Upon request

All filings

Court-wide
  • When Fully Briefed

Courtesy copies

Court-wide
  • Mail

Adjournments

  • A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.
  • A party seeking a first-time calendar adjournment is expected to contact the opposing side to seek the adjournment.
  • A subsequent adjournment must be supported by good cause.
  • +4 more

Request must include

Reason For RequestOriginal DateNumber Of Previous RequestsAffects Other Dates

Communication

Email

Clerk

lalewis@nycourts.gov
SchedulingStatus Inquiries
Email

Chambers

mlegere@nycourts.gov
Scheduling
Phone

Clerk

(347) 296-1650
SchedulingStatus Inquiries
Phone

Chambers

(718) 500-4012
Emergencies
Phone
Court-wide
347-296-1740
Phone
Court-wide

Clerk

347-401-9249
Scheduling
Email
Court-wide
Scheduling
Hours: courthouse business hours only; not after courthouse business hours, on weekends, or on holidays
Phone
Court-wide

Duty Judge

Scheduling
Filters:AllMandatoryImportantFormattingLettersProposed OrdersSettlementCourtesy CopiesJuryRedactions56.1 Statements

Page & Word Limits2 rules

Page LimitsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Letters to the court may not exceed two pages and must be e-filed through NYSCEF with a courtesy copy sent to Chambers by email or hand delivery.

Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Letter

2 pages

Page LimitsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

A motion in limine should be made as early as possible, and any supporting letter may not exceed two pages unless the court directs otherwise.

A motion in limine must be made as early as possible and may be made either orally or by letter limited to two pages unless the court directs otherwise.

Motion In Limine Letter

2 pages

Document Format Requirements4 rules

FormattingCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Enlarged documents or photographs not stipulated into evidence may not exceed 14 by 8.5 inches.

All documents and/or photos that are blown-up, unless stipulated by all counsel into evidence, must also be in a form no larger than 14 x 8 ½ inches.

FormattingCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Trial documents and photographs must be foldered and shielded from the jury until admitted into evidence.

All documents and/or photos must be in a folder and shielded from viewing by the jury until entered into evidence.

FormattingCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

At the hearing, an unredacted proposed order must be e-mailed to Chambers as a Microsoft Word document tracking the sample-order language.

At the time of the hearing, an unredacted proposed order must be e-mailed to Chambers in a Microsoft Word format tracking the language found in the sample order provided.

Required Format

DOCX

Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecINFANT COMPROMISE HEARINGS
FormattingCivil cases

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

A Microsoft Word version shall simultaneously be provided to Chambers.

Summary: A Microsoft Word version of any proposed order or judgment must be provided to Chambers simultaneously.

Required Format

DOCX

Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecPROPOSED ORDERS and/or JUDGEMENTS

Document Filing Requirements11 rules

Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Every motion for summary judgment must include a compliant Statement of Material Facts.

All motions for summary judgment shall be accompanied by a Statement of Material Facts in accordance with Part 202.8-g of the Uniform Rules of the Trial Courts.

Document Type

Summary Judgment Motion

Specific requirements detailed in rule text.
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecMOTION PRACTICE IN PART 99
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Counsel may not make oral arguments that are not already presented in the motion papers.

Please do not make any oral arguments unless those oral arguments are within the motion papers.

Document Type

Motion

Specific requirements detailed in rule text.
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecMOTION PRACTICE IN PART 99
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Relevant pleadings, prior applications, and prior decisions or orders must be annexed to the motion papers.

Where pleadings, prior applications, or prior decisions and orders are relevant to the motion, copies of these documents shall be annexed.

Document Type

Motion

Specific requirements detailed in rule text.
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecMOTION PRACTICE IN PART 99
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

The court will not consider reply facts that were not previously provided in the record.

If the reply contains facts not previously provided, the court will not consider such reply.

Document Type

Reply Brief

Specific requirements detailed in rule text.
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecMOTION PRACTICE IN PART 99
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Before scheduling an infant compromise hearing, the court must receive the proposed order, relevant medical records, physician, guardian, and attorney affirmations, and the required Human Resources lien letter.

Prior to scheduling the hearing, the Court MUST receive the proposed order, copies of all relevant medical records, doctor(s) affirmations, guardian and attorney affirmations, and a NYC Department of Human Resources Lien/No Lien Letter.

Document Type

Infant Compromise Hearing

Content & Formatting
Proposed Order
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecINFANT COMPROMISE HEARINGS
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

A subpoena seeking testimony or documents from a nonparty must include an affirmation of relevance and any appropriate authorizations.

If the subpoena requests testimony or documents of a non-party, it must contain an affirmation as to why testimony or documents is/are relevant, and must contain any appropriate authorizations.

Document Type

Subpoena

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

A settlement of an order or judgment on notice must include a copy of the original order that directed the settlement.

Any Settlement of an Order or Judgment on Notice filed with the court must contain a copy of the original order directing such settlement.

Document Type

Settlement Of Order Or Judgment

Content & Formatting
Proposed Order
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecMOTION PRACTICE IN PART 99
Filing RequirementsCivil cases

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

Reference to the NYSCEF documents is not sufficient.

Summary: Merely referencing relevant documents in NYSCEF does not satisfy the requirement to annex copies.

Document Type

Motion

Specific requirements detailed in rule text.
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecMOTION PRACTICE IN PART 99
Filing RequirementsCivil cases

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

If you do not receive notification from the Court, the parties must appear on the scheduled return date.

Summary: Unless the court sends notice accepting a settlement stipulation, the parties must appear on the scheduled return date.

Document Type

Settlement Stipulation

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

Any proposed orders and/or judgments shall be submitted with a Notice of Settlement and any counter proposals shall be submitted as set forth in § 202.48 of the Uniform Rules For the New York State Trial Courts.

Summary: Any proposed order or judgment must be submitted with a Notice of Settlement, and counterproposals must follow Uniform Rule § 202.48.

Document Type

Proposed Order Or Judgment

Content & Formatting
Proposed Order
Notice Of Electronic Filing
Kings Ny:01dc938dcf404c55fd96db9e · Oct 2025
|SecPROPOSED ORDERS and/or JUDGEMENTS
Filing RequirementsCivil cases

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

Copies of correspondence between counsel shall not be sent to the Court.

Summary: Copies of correspondence between counsel must not be sent to the court.

Document Type

Correspondence

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

A stipulation resolving a motion must be e-filed through NYSCEF and a copy sent to Mr. Legere at least two days before the motion-calendar date.

If the parties have resolved a motion pursuant to a stipulation, the stipulation must be e-filed in NYSCEF and a copy must be sent to Mr. Legere, Esq. at least (2) days prior to the motion calendar date.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | STIPULATIONS

Letters to the court must be e-filed through NYSCEF, with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | COMMUNICATION

Subpoenas seeking a court so-order must be deposited outside courtroom 574 and should not be e-filed through NYSCEF.

All subpoenas requested to be “so-ordered” by the court must be deposited in the basket outside courtroom 574. Subpoenas should not be e-filed to NYSCEF.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | SUBPOENAS

A motion-withdrawal notice must be e-filed through NYSCEF, with a courtesy copy e-mailed to Chambers, at least two days before the motion-calendar date.

Any party wishing to withdraw a motion must notify the Court by e-filing a notice of withdrawal in NYSCEF and e-mailing a courtesy copy to Chambers at least (2) days prior to motion calendar date.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | STIPULATIONS

The signed adjournment stipulation must be e-filed through NYSCEF, and a copy must be e-mailed to Chambers.

Please e-file the signed stipulation on NYSCEF and e-mail a copy to Chambers.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | ADJOURNMENTS

Proposed orders and requests to so-order should be e-filed through NYSCEF, with a copy e-mailed to Chambers.

Copies of proposed orders and requests to so-order should be e-filed to NYSCEF, and a copy should be e-mailed to Chambers.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | MOTION PRACTICE IN PART 99

Filing Timing and Cure Windows

When trial is scheduled more than 30 days after a conference, any motion in limine must be made at least 15 days before trial.

If the trial is scheduled more than 30 days from the date of a conference, any motions in limine must be made at least 15 days before the trial date.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | JURY TRIALS

Any adjournment stipulation must be e-filed by the Friday preceding the scheduled motion.

Stipulations for any adjournments must be e-filed no later than the Friday before the scheduled motion.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | ADJOURNMENTS

Opposition papers to an OSC must be e-filed at least 24 hours before the hearing, unless filing that early is impractical.

Opposition papers to an OSC shall be e-filed at least 24 hours before the motion is to be heard unless it is impractical to do so.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | MOTION PRACTICE IN PART 99

Courtesy Copy Requirements

A courtesy copy of each letter must be e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | COMMUNICATION

A Microsoft Word copy of the proposed order or judgment must simultaneously be provided to Chambers.

A Microsoft Word version shall simultaneously be provided to Chambers.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | PROPOSED ORDERS and/or JUDGEMENTS

The unredacted infant-compromise proposed order must be e-mailed to Chambers at the time of the hearing.

At the time of the hearing, an unredacted proposed order must be e-mailed to Chambers in a Microsoft Word format tracking the language found in the sample order provided.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | INFANT COMPROMISE HEARINGS

Pre-Motion Conference Requirements

The court will not accept a sur-reply unless good cause is shown and the court grants a request to file it.

Regarding sur-replies, the CPLR does not provide for sur-reply papers and the court will not accept these papers unless good cause is shown and a request to file those papers is granted.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | MOTION PRACTICE IN PART 99

An OSC requesting a temporary restraining order or temporary stay generally may not be heard ex parte without good cause.

An Order to Show Cause (OSC) with a request for a temporary restraining order, including a request for a temporary stay of an action, will generally not be heard ex parte unless good cause is shown.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | MOTION PRACTICE IN PART 99

When a non-lawyer movant retained counsel, the movant may apply to supplement the papers or add reply facts, and a granted application also permits a sur-reply.

If the original motion was brought by a non-lawyer and the movant retained counsel, an application may be made to supplement the papers or include additional facts in a reply and if the application is granted the court will also allow a sur-reply in those instances.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | MOTION PRACTICE IN PART 99

A reply to an OSC is not permitted unless the court grants a good-cause application or directs a reply.

Replies are not permitted unless the court grants an application based on good cause or otherwise directs a reply.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | MOTION PRACTICE IN PART 99

Adjournment & Extension Requirements

A party seeking to raise a new determinative issue in oral argument must request an adjournment and present the argument in writing for a future date.

If you think the oral arguments raise issues which are not within your papers but are determinative of any of the issues, then you must request an adjournment to include such arguments in writing so they can be heard on a future date.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | MOTION PRACTICE IN PART 99

A subsequent adjournment must be supported by good cause.

Subsequent adjournments must be based on good cause.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | ADJOURNMENTS

Without agreement of the parties, an adjournment request must be made by application at the Part 99 Calendar call.

Absent an agreement of the parties, adjournment request will have to be made by application at the call of the Part 99 Calendar.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | ADJOURNMENTS

A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.

To request an adjournment on a matter appearing on the calendar for the first time, parties must submit a stipulation signed by counsel for all parties consenting to the adjournment.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | ADJOURNMENTS

A subsequent consent-adjournment stipulation must be signed by all counsel and state the original return date, prior adjournments, future court appearances, and good-cause reasons.

To request a subsequent consent adjournment , the parties must submit a stipulation signed by all counsel which shall also include (a) the original return date, (b) any prior adjournments, (c) any future court appearances scheduled in the matter, and (d) the good cause reason(s) underlying the adjournment request.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | ADJOURNMENTS

A late adjournment request must be made by application at the Part 99 calendar call.

Late adjournment requests will have to be made by application at the call of the calendar.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | ADJOURNMENTS

A party seeking a first-time calendar adjournment is expected to contact the opposing side to seek the adjournment.

However, the court expects that the party requesting the adjournment has contacted the opposing side to seek the adjournment in order to avoid a wasted trip to the court and will consider it.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | ADJOURNMENTS

Chambers Communication Rules

Parties may not ask Chambers whether a Part 99 motion requires an in-person appearance.

Please do not contact chambers to inquire whether your Part 99 Motion requires an in-person appearance.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | COMMUNICATION

Chambers may be contacted by phone for urgent matters.

For urgent matters, contact chambers at (718) 500-4012.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | COMMUNICATION

Parties should contact opposing counsel or parties and then email Mr. Legere if they want a Microsoft Teams, telephone, or in-person settlement conference.

The Court is always amenable to a Microsoft Teams or telephone conference, or in person appearances to settle a motion or a case. If interested, please reach out to opposing counsel/parties and then email Mr. Legere (mlegere@nycourts.gov) for further instructions.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | SETTLEMENT DISCUSSIONS INVOLVING MOTIONS OR CASES

The Part Clerk may be contacted by phone or email for scheduling, calendar, and general inquiries.

For scheduling, calendar, and general inquiries contact the Part Clerk at (347) 296-1650 or lalewis@nycourts.gov.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | COMMUNICATION

Ex parte communications with Chambers by phone or any other method are prohibited.

Ex Parte communication with Chambers by phone or otherwise is NOT permitted.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | COMMUNICATION

Counsel must notify Chambers promptly after case assignment if a witness needs a language interpreter.

If a witness requires a language interpreter, counsel must notify chambers as soon as the case is assigned so that timely arrangements can be made.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | BENCH TRIALS/JURY TRIALS/SUMMARY JURY TRIALS

Upon request, the court will attempt to provide a special master or court attorney to assist with settlement discussions at a scheduled bench trial.

Upon request, the court will attempt to provide a special master or court attorney to discuss settlement.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | BENCH TRIALS

Before contacting the Principal Court Attorney or Part Clerk about a motion, the filer should check eCourts to identify the hearing part.

BEFORE e-mailing or calling the Principal Court Attorney and/or the Part Clerk, check e-courts to determine whether the motion(s) in question is being heard in Part 99 or elsewhere, i.e. Intake, CCP, JCP, FCP, City Part.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | MOTION CALENDAR

Discovery and discovery-motion inquiries must be directed to the Centralized Compliance Part.

All inquiries about discovery or discovery motions are to be directed to the Centralized Compliance Part.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | MOTION CALENDAR

Court-wide rules

Applies court-wide

These 237 rules apply across New York Supreme Court, Kings County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 58
  • Applies to
    Request for judicial intervention

    Papers for each fee claim must be separately prepared and filed under its assigned index number, and a Request for Judicial Intervention is required to initiate court proceedings on that claim.

  • Applies to
    Pre mediation memorandum

    Counsel must provide the mediator at least ten calendar days before the initial session with a confidential, three-page memorandum containing specified settlement-related information.

  • Applies to
    Pre mediation memorandum

    A pro se litigant need not submit a pre-mediation memorandum but must speak directly with the mediator to answer pre-mediation questions.

Communication

All 45
  • Contact
    Email to clerk

    Auction dates must be scheduled by contacting the Foreclosure Department at the listed email address; requests by letter or telephone are not accepted.

  • Contact
    Email to clerk

    Auction-scheduling email inquiries must include the index number, caption, referee’s name, requested date, and at least one alternative date; only one request per email is allowed.

  • Chambers fax communications are generally prohibited except for specified stipulations, Rule 7 PC Orders, and Rule 18 disclosure-related communications.

Filing Timing

All 36
  • A proposed order omitted from a motion must be submitted to the IAS Judge within 60 days, or the motion may be deemed abandoned.

  • An application for a Judgment of Foreclosure and Sale must be made within one year after entry of the Order of Reference; filing a Forbearance or Settlement Agreement suspends that period, and noncompliance results in automatic dismissal.

  • All Forbearance Agreements must be filed with the Foreclosure Clerk within 20 days after execution.

E-Filing

All 30
  • Applies to
    Application to convert pending action to electronic filing

    EDDS may not be used in matrimonial proceedings except to upload an application converting a pending action to electronic filing.

  • Applies to
    Consent to e filing stipulation or letter application

    EDDS should be used only to upload a consent-to-e-filing stipulation or a letter application.

  • After the consent stipulation or letter application, subsequent filings should be submitted through NYSCEF unless the court directs otherwise.

About Judge Richard J. Montelione

Holds Part 99 in the Kings County Supreme Court, Civil Term. The part rules page states: Updated: October 30, 2025.

360 Adams Street Brooklyn, NY 11201 Courtroom #574 Chambers Room #1135 Phone Number: (718) 500-4012 E-mail: KSCCVPart99@nycourts.gov Principal Law Clerk: Mark Legere, Esq., Email: mlegere@nycourts.gov Assistant Law Clerk: Nathalie Chevalier, Esq., Email: ncpichardo@nycourts.gov Part 99 Clerk: LaTonya Lewis, Email: lalewis@nycourts.gov Updated: October 30, 2025

Common questions about Judge Richard J. Montelione's rules

Are courtesy copies required for Judge Richard J. Montelione?

Courtesy copies are required only when requested by chambers. The unredacted infant-compromise proposed order must be e-mailed to Chambers at the time of the hearing.

View ruleSource: page 1, section INFANT COMPROMISE HEARINGS

Does Judge Richard J. Montelione require a pre-motion conference or letter before filing a motion?

Judge Richard J. Montelione's rules set a pre-motion procedure for tro. An OSC requesting a temporary restraining order or temporary stay generally may not be heard ex parte without good cause.

View ruleSource: page 1, section MOTION PRACTICE IN PART 99

What page or word limits apply to letter before Judge Richard J. Montelione?

Judge Richard J. Montelione's rule states these limits: 2 pages. Letters to the court may not exceed two pages and must be e-filed through NYSCEF with a courtesy copy sent to Chambers by email or hand delivery.

View ruleSource: page 1, section COMMUNICATION

What page or word limits apply to motion in limine letter before Judge Richard J. Montelione?

Judge Richard J. Montelione's rule states these limits: 2 pages. A motion in limine should be made as early as possible, and any supporting letter may not exceed two pages unless the court directs otherwise.

View ruleSource: page 1, section JURY TRIALS

What formatting rules apply to filings before Judge Richard J. Montelione?

Judge Richard J. Montelione's formatting rule includes file format docx and the proposed order must be unredacted and track the language in the provided sample order.. At the hearing, an unredacted proposed order must be e-mailed to Chambers as a Microsoft Word document tracking the sample-order language.

View ruleSource: page 1, section INFANT COMPROMISE HEARINGS

What must be included with summary judgment motion filings before Judge Richard J. Montelione?

The rule requires statement of facts. Every motion for summary judgment must include a compliant Statement of Material Facts.

View ruleSource: page 1, section MOTION PRACTICE IN PART 99

What must be included with settlement stipulation filings before Judge Richard J. Montelione?

The rule identifies required filing content or certificates. Unless the court sends notice accepting a settlement stipulation, the parties must appear on the scheduled return date.

View ruleSource: page 1, section STIPULATIONS

How may parties contact Judge Richard J. Montelione's chambers?

Ex parte communications with Chambers by phone or any other method are prohibited.

View ruleSource: page 1, section COMMUNICATION

How do I request an adjournment or extension before Judge Richard J. Montelione?

Advance notice is not fully stated in the structured details. The request must include reason for request. A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.

View ruleSource: page 1, section ADJOURNMENTS

Is electronic filing required before Judge Richard J. Montelione?

Yes. Electronic filing is required for the covered filings. Letters to the court must be e-filed through NYSCEF, with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

View ruleSource: page 1, section COMMUNICATION

What filing deadlines apply to stipulation filings before Judge Richard J. Montelione?

Any adjournment stipulation must be e-filed by the Friday preceding the scheduled motion.

View ruleSource: page 1, section ADJOURNMENTS
Complete rules summary for Judge Richard J. Montelione

Ex parte communications with Chambers by phone or any other method are prohibited.

The Part Clerk may be contacted by phone or email for scheduling, calendar, and general inquiries.

Chambers may be contacted by phone for urgent matters.

Parties may not ask Chambers whether a Part 99 motion requires an in-person appearance.

Letters to the court may not exceed two pages and must be e-filed through NYSCEF with a courtesy copy sent to Chambers by email or hand delivery.

Every motion for summary judgment must include a compliant Statement of Material Facts.

Letters to the court must be e-filed through NYSCEF, with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

A courtesy copy of each letter must be e-mailed to the Principal Law Clerk or hand-delivered to Chambers.

Copies of correspondence between counsel must not be sent to the court.

Before contacting the Principal Court Attorney or Part Clerk about a motion, the filer should check eCourts to identify the hearing part.

Discovery and discovery-motion inquiries must be directed to the Centralized Compliance Part.

A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.

An OSC requesting a temporary restraining order or temporary stay generally may not be heard ex parte without good cause.

A party seeking a first-time calendar adjournment is expected to contact the opposing side to seek the adjournment.

A subsequent adjournment must be supported by good cause.

A subsequent consent-adjournment stipulation must be signed by all counsel and state the original return date, prior adjournments, future court appearances, and good-cause reasons.

The signed adjournment stipulation must be e-filed through NYSCEF, and a copy must be e-mailed to Chambers.

Any adjournment stipulation must be e-filed by the Friday preceding the scheduled motion.

A late adjournment request must be made by application at the Part 99 calendar call.

Without agreement of the parties, an adjournment request must be made by application at the Part 99 Calendar call.

A motion-withdrawal notice must be e-filed through NYSCEF, with a courtesy copy e-mailed to Chambers, at least two days before the motion-calendar date.

A stipulation resolving a motion must be e-filed through NYSCEF and a copy sent to Mr. Legere at least two days before the motion-calendar date.

Unless the court sends notice accepting a settlement stipulation, the parties must appear on the scheduled return date.

Opposition papers to an OSC must be e-filed at least 24 hours before the hearing, unless filing that early is impractical.

A reply to an OSC is not permitted unless the court grants a good-cause application or directs a reply.

A settlement of an order or judgment on notice must include a copy of the original order that directed the settlement.

Proposed orders and requests to so-order should be e-filed through NYSCEF, with a copy e-mailed to Chambers.

Relevant pleadings, prior applications, and prior decisions or orders must be annexed to the motion papers.

When a non-lawyer movant retained counsel, the movant may apply to supplement the papers or add reply facts, and a granted application also permits a sur-reply.

Merely referencing relevant documents in NYSCEF does not satisfy the requirement to annex copies.

More Judges in New York Supreme Court, Kings County

Aaron D. Maslow
Judge
Andrew S. Amer
Judge
Anne J. Swern
Judge
Brian L. Gotlieb
Judge
Caroline P. Cohen
Judge
Carolyn E. Wade
Judge
Carolyn Walker-Diallo
Judge
Cenceria P. Edwards
Judge