Court Rules
Judge

Judge Gerald Lebovits

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, New York County

Limits & Logistics

Document Limits

Trial Memorandum
5 pgs
Memorandum Of LawCourt-wide
30 pgs

Courtesy Copies

Courtesy copies

Court-wide

Proposed Order

Court-wide

Adjournments

  • The court discourages adjournment of orders to show cause.
  • The parties may request a conference adjournment by email to the Part Clerk and should state the basis for the request.
  • Court-scheduled trial dates are firm and may be adjourned only by application based on an emergency.
  • +1 more

Request must include

Reason For RequestEmergency Nature

Communication

Email

Clerk

sfc-part40-clerk@nycourts.gov
Status InquiriesSchedulingTechnical Issues
Phone
646-386-3125
Phone

Clerk

Scheduling
Email

Chambers

Scheduling
Phone

Chambers

Scheduling
Phone
Court-wide

Intake Unit

646-386-3033
SchedulingTechnical Issues
Filters:AllMandatoryImportantFormattingConferencesExhibitsJuryMemorandaTRO/Injunction

Page & Word Limits1 rule

Page LimitsCivil cases

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

The trial memorandum must not exceed five pages.

a trial memorandum not to exceed five pages

Trial Memorandum

5 pages

part7-rules · May 2024 · p. 5
|SecVI.A. General Trial Procedure

Document Format Requirements2 rules

FormattingCivil cases

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

Proposed jury charges and verdict sheets must be submitted simultaneously in Word to Mr. Shawhan by email and to opposing counsel.

Proposed jury charges and verdict sheets must be submitted simultaneously in Word to Mr. Shawhan at mhshawha@nycourts.gov and to opposing counsel.

Required Format

DOCX

part7-rules · May 2024 · p. 5
|SecVI.B. Jury Trials
FormattingCivil cases

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

A conference order may be completed electronically or handwritten legibly and then scanned.

Conference orders may be filled out electronically, or completed by hand and then scanned. If hand-writing the order, please write legibly.

part7-rules · May 2024 · p. 4
|SecV.B. Conference Orders

Document Filing Requirements19 rules

Filing RequirementsCivil cases

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

Every exhibit must be numbered.

Each exhibit must be numbered.

Document Type

Exhibit

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

The first page of every motion-related paper, including notices, oppositions, replies, and exhibits, must show the applicable motion sequence number.

The first page of every motion paper (notice of motion, opposition, reply, exhibits, etc.) must reflect the applicable motion sequence number.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

An exhibit reference must state the exhibit’s NYSCEF docket number and the exact cited page within that exhibit.

References to exhibits must identify the exhibit’s NYSCEF docket number and the exact page being cited within the exhibit.

Document Type

Exhibit Reference

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

A party seeking interim relief in an order to show cause must give advance notice to the adversary or explain why notice was not provided.

Any party seeking interim relief within an OSC must provide advance notice to the adversary or explain why advance notice was not provided, as required by 22 NYCRR 202.7 (f).

Document Type

Order To Show Cause

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 3
|SecIV.B. Orders to Show Cause
Filing RequirementsCivil cases

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

In-limine motions must be submitted in writing as soon as practicable or as scheduled at a pretrial conference, with a copy to every party.

All motions in limine must be presented in writing to the court as soon as practicable or as specifically scheduled at any pretrial conference, with a copy to all parties.

Document Type

Motion In Limine

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 5
|SecVI.A. General Trial Procedure
Filing RequirementsCivil cases

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

All in-limine and other motions and applications must be furnished before trial begins.

Before the start of trial, the parties must furnish all in-limine or other motions and applications.

Document Type

Motion In Limine

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 5
|SecVI.A. General Trial Procedure
Filing RequirementsCivil cases

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

At the first court appearance, each party must furnish the specified trial-preparation materials, including proposed witnesses, trial-day estimates, pleadings, decisions, notices to admit, EBT excerpts, a five-page trial memorandum, and two business cards per attorney.

Upon the first appearance before this court, the parties must furnish a list of proposed witnesses, including the need for any interpreters, with the required language and dialect; an estimate of required trial days; all marked pleadings and bills of particulars; all decisions in the case, including any appellate decisions; any notices to admit; copies of those portions of EBTs intended for use at trial for any purpose; a trial memorandum not to exceed five pages briefly setting forth the party’s position and the relevant factual and legal issues to be tried, citing relevant case law; and two business cards for each attorney.

Document Type

Trial Preparation Submission

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 5
|SecVI.A. General Trial Procedure
Filing RequirementsCivil cases

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

Every motion or application must include citations to relevant authority.

Any motion or application must include citations to relevant authority.

Document Type

Motion

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 5
|SecVI.A. General Trial Procedure
Filing RequirementsCivil cases

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

Counsel must ensure that all subpoenaed documents arrive in the subpoenaed records room at 60 Centre Street.

It is the duty of counsel, not court personnel, to ensure all subpoenaed documents have arrived in the subpoenaed records room at 60 Centre Street.

Document Type

Subpoenaed Documents

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 5
|SecVI.A. General Trial Procedure
Filing RequirementsCivil cases

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

For non-verbatim, evidence-dependent, party-contention-based, or non-PJI jury instructions, the exact requested language and supporting authority must be submitted.

If a PJI instruction is not verbatim or requires characterizing or describing the evidence or the parties’ contentions, or if the language is not based on the PJI, the exact requested language, together with the authority for it, must be submitted.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 6
|SecVI.B. Jury Trials
Filing RequirementsCivil cases

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

The submitted order should propose the next conference date and, when necessary, an extension of the note-of-issue deadline.

4. The order as submitted to the court should include a proposed date for the next conference and, if necessary, a proposed extension of the note-of-issue deadline.

Document Type

Conference Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

Proposed jury instructions copied verbatim from the Pattern Jury Instructions need only cite the corresponding PJI section numbers.

If the proposed jury instructions are taken verbatim from the Pattern Jury Instructions, PJI section numbers suffice.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 6
|SecVI.B. Jury Trials
Filing RequirementsCivil cases

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

Parties are strongly encouraged to have the court stenographer premark all exhibits when there is no objection.

Parties are strongly encouraged to have the court stenographer premark all exhibits for identification or evidence if without objection.

Document Type

Exhibits

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 5
|SecVI.A. General Trial Procedure
Filing RequirementsCivil cases

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

Parties should use the most recent Pattern Jury Instructions edition when proposing jury instructions.

To avoid confusion or miscommunication among the court and counsel, the parties should work from the most recent PJI edition when proposing jury instructions.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 6
|SecVI.B. Jury Trials
Filing RequirementsCivil cases

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

All e-filed exhibits must be described in the exhibit’s docket entry (e.g., Exhibit A, Bill of Particulars; Exhibit B, Photographs) to allow the court to ascertain what document is filed in the exhibit.

Summary: The NYSCEF docket entry for every e-filed exhibit must describe the document contained in the exhibit.

Document Type

Exhibit

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

If the court has set a motion deadline longer than 60 days after the note of issue, or granted an extension of a 60-day deadline, counsel’s affirmation in support must include the governing motion deadline and state when the court set a longer deadline or granted an extension.

Summary: When a later summary-judgment deadline has been ordered or an extension granted, the support affirmation must state the governing deadline and when the court set or extended it.

Document Type

Affirmation In Support

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 3
|SecIV.E. Summary-Judgment Motions
Filing RequirementsCivil cases

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

Counsel’s affirmation in support must include the note of issue filing date.

Summary: Counsel’s summary-judgment support affirmation must state the note-of-issue filing date.

Document Type

Affirmation In Support

Specific requirements detailed in rule text.
part7-rules · May 2024 · p. 3
|SecIV.E. Summary-Judgment Motions
Filing RequirementsCivil cases

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

2. In a Preliminary Conference form, all items must be completed or marked “n/a” if not applicable.

Summary: Every item on a Preliminary Conference form must be completed or marked “n/a” when inapplicable.

Document Type

Preliminary Conference Form

Content & Formatting
Caption
Case Number
Judge Name
Word Count
Page Count
Certificate Of Service
Certificate Of Conference
Local Rule Certificate
Ai Disclosure
Proposed Order
Notice Of Electronic Filing
Filing RequirementsCivil cases

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

3. Use firm cut-off dates, such as “on or before December 31, 2023.” Do not use “within 45 days.” Counsel will be held to the dates to which they commit.

Summary: Conference submissions must use firm calendar cut-off dates rather than relative periods, and counsel is held to the committed dates.

Document Type

Conference Submission

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

After a motion is withdrawn or a case ends, all affected parties must execute and e-file a stipulation, and the filing party must promptly notify the Part Clerk by email.

If a motion has been withdrawn or the case has been settled or otherwise discontinued, e-file a stipulation executed by all affected parties and notify the Part Clerk promptly by email.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

To withdraw a motion after it leaves the Submissions Part, counsel must immediately inform the Part Clerk and e-file a stipulation executed by all affected parties.

To withdraw a motion after the motion leaves the Submissions Part, inform the Part Clerk immediately and e-file a stipulation executed by all affected parties.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 2 | IV.A. General

Part 7 operates through e-filing, and working hard copies are neither required nor permitted.

Part 7 is an e-filing part. Working (hard) copies in e-filed cases are neither required nor permitted.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 2 | IV.A. General

Proposed orders to show cause should be electronically filed whenever electronic filing is permitted.

Proposed OSCs should be e-filed in all cases in which e-filing is permitted.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 3 | IV.B. Orders to Show Cause

Filing Timing and Cure Windows

After motions are fully submitted, parties may file further submissions only with court leave, requested by email to chambers with copies to all parties; such filings are strongly discouraged.

Once motions are fully submitted, parties may not file further submissions without leave of court (to be requested by email to chambers with copies to all parties). Post-submission filings are strongly discouraged.

Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases

Page 2 | IV.A. General

A summary-judgment motion ordinarily must be filed within 60 days after the note of issue is filed, unless the court sets another deadline or grants an extension.

Summary-judgment motions must be made no later than 60 days after filing the note of issue unless the court has set a different deadline by order or has granted a request to extend the original 60-day deadline.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 3 | IV.E. Summary-Judgment Motions

Except in exigent circumstances, the court will not act on a proposed order to show cause until the Ex Parte Office completes its form review and provides the order to the Part.

After proposed OSCs have been filed, they are reviewed for form by the Ex Parte Office before they are provided to the Part. Absent exigent circumstances, the court will not sign or otherwise act on an OSC prior to receiving it from the Ex Parte Office following that office’s review for form.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 3 | IV.B. Orders to Show Cause

Parties must comply with deadlines and orders in preliminary, compliance, and status conference orders, and noncompliance may result in penalties.

5. This Part requires compliance with court-ordered deadlines set forth in the preliminary/compliance/status conference order(s). Failure to adhere to deadlines or to comply with orders may result in penalties.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 5 | V. Conferences

A party filing an adjournment stipulation on the motion’s return date must check eCourts and, if the motion was not adjourned, ask the Part Clerk to have the court refrain from deciding it until the agreed return date.

Parties that file an adjournment stip on the return date should check eCourts to make sure that the motion has been adjourned pursuant to the stip. If not, the parties should contact the Part Clerk to ask the court to refrain from deciding the motion until the return date agreed to by the parties.

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

Page 2 | IV.A. General

Filing Bundling Requirements

Counsel should not combine all motion papers in one PDF under one document number, and each e-filed document must receive its own docket number.

Counsel should not submit all papers on a motion in a single .pdf file under a single document number. Each e-filed document must have its own, respective document number (e.g., Doc # 15, Notice of Motion; Doc#16, Memorandum of Law; Doc#17, Attorney Affirmation; Doc#18, Affidavit of Facts; Doc#19, Exhibit A, Bill of Particulars; and Doc #20, Exhibit B, Photographs).

We could not find this wording in the court's document. Open the source before relying on it. · Civil cases

Page 2 | IV.A. General

When a motion is supported by a memorandum of law, the memorandum should be filed before the attorney affirmation and attached exhibits.

If the motion is supported by a memorandum of law, the memorandum should precede the attorney affirmation and attached exhibits.

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

Page 2 | IV.A. General

Pre-Motion Conference Requirements

Discovery continues while a CPLR 3212 or CPLR 3213 motion is pending unless the court orders otherwise.

Disclosure must continue while a CPLR 3212 or CPLR 3213 motion is pending, unless the court specifically directs otherwise.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 3 | IV.E. Summary-Judgment Motions

The court discourages filing discovery or disclosure motions.

Disclosure motions are discouraged.

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

Page 3 | IV.D. Disclosure Motions

Adjournment & Extension Requirements

Court-scheduled trial dates are firm and may be adjourned only by application based on an emergency.

Trial dates scheduled by the court are firm and may be adjourned only upon application based upon an emergency.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 5 | VI.A. General Trial Procedure

The parties may request a conference adjournment by email to the Part Clerk and should state the basis for the request.

If the parties believe that an adjournment of the conference is needed, the parties may request an adjournment by email to the Part Clerk. Adjournment-related emails to the Part Clerk should specify the basis for the adjournment (e.g., no conference instructions were received; a party is having difficulty contacting opposing counsel; the parties need more time to confer on the terms of the order; a discovery motion is pending; etc).

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 4 | V.A. General

The court discourages adjournment of orders to show cause.

Adjournment of OSCs is discouraged.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 3 | IV.B. Orders to Show Cause

A witness’s unavailability alone will not justify an adjournment unless the court finds rare good cause.

No adjournments will be granted if a witness is unavailable to testify unless the court concludes, in rare instances, that good cause exists.

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

Page 5 | VI.A. General Trial Procedure

Chambers Communication Rules

Scheduling questions and adjournment requests should initially be directed to the Part Clerk by telephone or email rather than to chambers.

Questions about scheduling matters or requests for adjournments should be directed first to the Part Clerk (whether by telephone or email), rather than to chambers.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

Ex parte communications are prohibited, and any email to chambers must copy every party who has appeared.

No ex parte communications. Emails to chambers must copy all parties who have appeared in the action.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

Ex parte communications are prohibited, and chambers calls beyond brief administrative or logistical matters must include all parties.

No ex parte communications. Emails to chambers must copy all parties who have appeared in the action. Calls to chambers on any matter beyond brief administrative/logistical questions should be made only with all parties on the line.

Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

A party that uploads a document requiring court or Part Clerk attention must notify the Part Clerk by email because those offices do not receive NYSCEF notifications.

Neither the Part Clerk nor chambers receives NYSCEF notifications when the parties e-file documents. If you have uploaded a document that requires the attention of the court or the Part Clerk, notify the Part Clerk by email.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

After filing the required executed stipulation for a withdrawal or case disposition, the filing party must promptly notify the Part Clerk by email.

If a motion has been withdrawn or the case has been settled or otherwise discontinued, e-file a stipulation executed by all affected parties and notify the Part Clerk promptly by email.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

Counsel seeking to withdraw a motion after it leaves the Submissions Part must immediately inform the Part Clerk.

To withdraw a motion after the motion leaves the Submissions Part, inform the Part Clerk immediately and e-file a stipulation executed by all affected parties.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 2 | IV.A. General

A party that uploads a document requiring court attention, including a stipulation to be so ordered, must telephone or email the Part Clerk.

Please call or email the Part Clerk if you have uploaded a document that requires the court’s attention, such as a stipulation you are requesting to be so-ordered.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 2 | IV.A. General

A request for leave to make a further submission after full submission must be emailed to chambers with copies to all parties.

Once motions are fully submitted, parties may not file further submissions without leave of court (to be requested by email to chambers with copies to all parties). Post-submission filings are strongly discouraged.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 2 | IV.A. General

Counsel may email chambers, copying all parties, to seek guidance or request a conference, but email litigation is disfavored.

Counsel may, if necessary, contact chambers by email (copying all parties) to seek guidance on an issue or to request a conference. But litigation by email is disfavored.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

Parties may not contact chambers or the Part Clerk to request oral argument after a motion is fully submitted; the court decides whether argument is warranted.

After motions are fully submitted in the Submissions Part, they are forwarded to Part 7. The court will then decide whether oral argument is warranted. (See Section IV.A, below.) Do not contact chambers or the Part Clerk to request oral argument.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | II. Communications with Chambers and the Part Clerk

If conference materials have not arrived, parties should first check appearances on NYSCEF and then email the Part Clerk for guidance.

If the conference date appearing on eCourts is approaching and the parties believe they have not received a conference-order form/instructions, they should email the Part Clerk to request guidance—after double-checking that no email was received by the attorney(s) with appearances entered on NYSCEF in the case.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 4 | V.A. General

Questions about electronic filing of proposed orders to show cause should be directed by telephone to the Ex Parte Office at 646-386-3125.

Any questions about e-filing of OSCs should be directed to the Ex Parte Office at 646-386-3125.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 3 | IV.B. Orders to Show Cause

Questions about when a matter will be sent out for trial should be emailed to SFC-Part40-Clerk@nycourts.gov, not the Part 7 Part Clerk or chambers.

Questions about when a matter will be sent out for trial should be directed to SFC-Part40-Clerk@nycourts.gov, rather than to the Part 7 Part Clerk or chambers.

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 5 | VI. Trials

The court should not be copied on correspondence directed only to opposing counsel.

Do not copy the court on letters or emails directed only to opposing counsel.

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

Page 1 | II. Communications with Chambers and the Part Clerk

Parties may not telephone the Part Clerk for a status update or to ask whether a decision has issued because decisions and orders are available through NYSCEF or SCROLL.

Do not call the Part Clerk or chambers for a status update or to ask whether a decision has been issued. All decisions and orders are available online (via NYSCEF or SCROLL).

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

Page 1 | II. Communications with Chambers and the Part Clerk

A party may request an expedited telephone conference about a disclosure dispute, but the court will grant and conduct the conference only at its discretion.

If a disclosure dispute arises, a party may, instead of filing a motion, request an expedited conference by calling or emailing the Part Clerk or chambers. Conferences requested on an expedited basis will be granted only at the court’s discretion. Expedited conferences, when held, will be conducted by telephone.

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

Page 3 | IV.D. Disclosure Motions

The parties should request a conference by emailing the Part Clerk and should identify and briefly describe the issue for which conference assistance is sought.

If the parties believe that a conference with the court is required, they should notify the court by email to the Part Clerk. That email should identify and briefly describe the nature of the disagreement or other issue that the parties believe warrants a conference.

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

Page 4 | V.A. General

The parties should confer, agree on a proposed conference order to the extent possible, and email it to the Part Clerk for court review no later than three days before the conference.

Upon receiving the order form/instructions, the parties should confer with each other; to the extent possible, agree on the terms of a proposed conference order; and email the joint proposed order back to the Part Clerk for the court’s review no later than three days prior to the scheduled conference date.

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

Page 4 | V.A. General

If the parties agree before the status conference that discovery is complete, the plaintiff should file the note of issue and notify the Part Clerk by telephone or email.

If the parties agree before a scheduled status conference that disclosure is complete, the plaintiff should file the note of issue and notify the Part Clerk by telephone or email.

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

Page 4 | IV.F. Note of Issue

The conference-order form and instructions are emailed to counsel with NYSCEF appearances, who are reminded to keep their appearances and email addresses current.

The order form and instructions will be emailed to those counsel who have filed appearances on NYSCEF. Counsel are reminded to keep current their NYSCEF appearances and email addresses.

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

Page 4 | V.A. General

Approximately seven to ten days before a scheduled conference, the Part Clerk will send the parties a blank conference-order form and instructions.

Approximately 7-10 days in advance of the scheduled conference date, the Part Clerk will send the parties a blank conference-order form and instructions.

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

Page 4 | V.A. General

Discovery conferences will be conducted by telephone when they occur.

Discovery conferences, when they occur, will be conducted by telephone.

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

Page 4 | V.A. General

After reviewing the parties’ email, the court will decide whether a telephone conference is needed or whether the issue can be resolved by email.

Upon reviewing that email, the court will decide whether a telephonic conference is required or whether the disagreement can be resolved by email alone.

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

Page 4 | V.A. General

Court-wide rules

Applies court-wide

These 265 rules apply across New York Supreme Court, New York County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 60
  • Applies to
    Filing agent authorization

    A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.

  • Applies to
    Hard copy documents
    Must include
    notice of electronic filing

    Nonparticipating counsel must submit the original hard-copy documents, an additional unbound copy, and a Notice of Hard-Copy Submission simultaneously.

  • Applies to
    Attorney filing account
    Must include
    notice of electronic filing

    An attorney using a filing agent must have a User ID and password so the agent’s filings are associated with the attorney of record.

E-Filing

All 59
  • For cases commenced on or after February 19, 2013, e-filing through NYSCEF is mandatory except for the listed case types, and all subsequent documents must be e-filed.

  • An attorney lacking the equipment or knowledge to e-file, and lacking qualifying staff support, may opt out of mandatory e-filing by filing Form EFM 2 with the Clerk.

  • Unrepresented litigants are automatically exempt from mandatory e-filing but may voluntarily participate.

Filing Timing

All 38
  • Deadline
    3 business days

    Failure to electronically refile hard-copy documents within three business days will cause the originals to be discarded and may result in an incomplete court record.

  • A motion on notice or notice of petition must be e-filed no later than eight days before the return date.

  • Deadline
    24 hours

    The Clerk normally takes 24 hours to review and process a proposed order to show cause.

Sealing

All 25
  • To correct an electronically filed document containing confidential data or filed in error, notify the parties and non-party filers, request restricted status through NYSCEF, and file an order to show cause within five business days seeking temporary relief and correction; restricted status expires after five days unless extended by the required notification and order.

  • An order granting relief to correct a filing must be submitted to the County Clerk using the applicable notice form, with the sealing-order procedure using the NYSCEF sealing notification and a copy of the order.

  • An infant's compromise application must be filed through NYSCEF in redacted form, with an unredacted copy submitted for the Justice's action.

About Judge Gerald Lebovits

- **Address:** 60 Centre Street, New York, NY 10007 - **Part:** Part 7 General IAS Part - **Chambers:** Room 556 - **Chambers Phone:** (646) 386-3074 - **Courtroom:** Room 345 - **Courtroom Phone:** (646) 386-3746 - **Assistant Law Clerk:** Rachel Miller, Esq. - **Law Clerk:** Mark H. Shawhan, Esq.

Common questions about Judge Gerald Lebovits's rules

Does Judge Gerald Lebovits require a pre-motion conference or letter before filing a motion?

Judge Gerald Lebovits's rules set a pre-motion procedure for summary judgment, cplr 3212, and cplr 3213. Discovery continues while a CPLR 3212 or CPLR 3213 motion is pending unless the court orders otherwise.

View ruleSource: page 3, section IV.E. Summary-Judgment Motions

What page or word limits apply to trial memorandum before Judge Gerald Lebovits?

Judge Gerald Lebovits' rule states these limits: 5 pages. The trial memorandum must not exceed five pages.

View ruleSource: page 5, section VI.A. General Trial Procedure

What formatting rules apply to filings before Judge Gerald Lebovits?

Judge Gerald Lebovits' formatting rule includes file format docx and submit simultaneously to mr. shawhan at mhshawha@nycourts.gov and to opposing counsel.. Proposed jury charges and verdict sheets must be submitted simultaneously in Word to Mr. Shawhan by email and to opposing counsel.

View ruleSource: page 5, section VI.B. Jury Trials

What must be included with motion filings before Judge Gerald Lebovits?

The rule identifies required filing content or certificates. The first page of every motion-related paper, including notices, oppositions, replies, and exhibits, must show the applicable motion sequence number.

View ruleSource: page 2, section IV.A. General

What must be included with exhibit filings before Judge Gerald Lebovits?

The rule identifies required filing content or certificates. Every exhibit must be numbered.

View ruleSource: page 2, section IV.A. General

How may parties contact Judge Gerald Lebovits' chambers?

The rule addresses email communications with Judge Gerald Lebovits' clerk. A party that uploads a document requiring court or Part Clerk attention must notify the Part Clerk by email because those offices do not receive NYSCEF notifications.

View ruleSource: page 1, section II. Communications with Chambers and the Part Clerk

How do I request an adjournment or extension before Judge Gerald Lebovits?

Advance notice is not fully stated in the structured details. The request must include emergency nature. Court-scheduled trial dates are firm and may be adjourned only by application based on an emergency.

View ruleSource: page 5, section VI.A. General Trial Procedure

Does Judge Gerald Lebovits require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Counsel should not combine all motion papers in one PDF under one document number, and each e-filed document must receive its own docket number.

View ruleSource: page 2, section IV.A. General

Is electronic filing required before Judge Gerald Lebovits?

Yes. Electronic filing is required for the covered filings. After a motion is withdrawn or a case ends, all affected parties must execute and e-file a stipulation, and the filing party must promptly notify the Part Clerk by email.

View ruleSource: page 1, section II. Communications with Chambers and the Part Clerk

What filing deadlines does Judge Gerald Lebovits set?

A party filing an adjournment stipulation on the motion’s return date must check eCourts and, if the motion was not adjourned, ask the Part Clerk to have the court refrain from deciding it until the agreed return date.

View ruleSource: page 2, section IV.A. General
Complete rules summary for Judge Gerald Lebovits

A party that uploads a document requiring court or Part Clerk attention must notify the Part Clerk by email because those offices do not receive NYSCEF notifications.

Parties may not contact chambers or the Part Clerk to request oral argument after a motion is fully submitted; the court decides whether argument is warranted.

Scheduling questions and adjournment requests should initially be directed to the Part Clerk by telephone or email rather than to chambers.

Ex parte communications are prohibited, and any email to chambers must copy every party who has appeared.

Ex parte communications are prohibited, and chambers calls beyond brief administrative or logistical matters must include all parties.

Counsel may email chambers, copying all parties, to seek guidance or request a conference, but email litigation is disfavored.

The court should not be copied on correspondence directed only to opposing counsel.

After a motion is withdrawn or a case ends, all affected parties must execute and e-file a stipulation, and the filing party must promptly notify the Part Clerk by email.

After filing the required executed stipulation for a withdrawal or case disposition, the filing party must promptly notify the Part Clerk by email.

Parties may not telephone the Part Clerk for a status update or to ask whether a decision has issued because decisions and orders are available through NYSCEF or SCROLL.

Part 7 operates through e-filing, and working hard copies are neither required nor permitted.

A party that uploads a document requiring court attention, including a stipulation to be so ordered, must telephone or email the Part Clerk.

A party filing an adjournment stipulation on the motion’s return date must check eCourts and, if the motion was not adjourned, ask the Part Clerk to have the court refrain from deciding it until the agreed return date.

To withdraw a motion after it leaves the Submissions Part, counsel must immediately inform the Part Clerk and e-file a stipulation executed by all affected parties.

Counsel seeking to withdraw a motion after it leaves the Submissions Part must immediately inform the Part Clerk.

The first page of every motion-related paper, including notices, oppositions, replies, and exhibits, must show the applicable motion sequence number.

Counsel should not combine all motion papers in one PDF under one document number, and each e-filed document must receive its own docket number.

When a motion is supported by a memorandum of law, the memorandum should be filed before the attorney affirmation and attached exhibits.

Every exhibit must be numbered.

An exhibit reference must state the exhibit’s NYSCEF docket number and the exact cited page within that exhibit.

The NYSCEF docket entry for every e-filed exhibit must describe the document contained in the exhibit.

After motions are fully submitted, parties may file further submissions only with court leave, requested by email to chambers with copies to all parties; such filings are strongly discouraged.

A request for leave to make a further submission after full submission must be emailed to chambers with copies to all parties.

Proposed orders to show cause should be electronically filed whenever electronic filing is permitted.

Questions about electronic filing of proposed orders to show cause should be directed by telephone to the Ex Parte Office at 646-386-3125.

Except in exigent circumstances, the court will not act on a proposed order to show cause until the Ex Parte Office completes its form review and provides the order to the Part.

A party seeking interim relief in an order to show cause must give advance notice to the adversary or explain why notice was not provided.

The court discourages adjournment of orders to show cause.

The court discourages filing discovery or disclosure motions.

A party may request an expedited telephone conference about a disclosure dispute, but the court will grant and conduct the conference only at its discretion.

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