New York Supreme Court, New York County Filing Rules

Counsel amending a caption by stipulation or as of right must e-file the NYSCEF Amendment of Caption notice.

A financial-relief motion filed after the preliminary conference must include an updated Statement of Net Worth.

The parties must provide a list of proposed witnesses, including interpreter needs and the required language and dialect.

In a bench trial, the Court generally will not consider evidence first offered in post-trial briefs absent special circumstances.

Parties must bring a copy of the most recent discovery order to each in-person status or compliance conference.

The responsible party or parties must immediately email the part clerk when a motion is withdrawn or resolved or when the case is settled or discontinued.

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

Except for emergencies, parties should not call Chambers.

A request to adjourn a conference must be directed to the Part Clerk by telephone at 646-386-3238 or by email at SFC-Part43-Clerk@nycourts.gov.

If the parties resolve a discovery dispute before the scheduled remote conference, they must contact the Part Clerk and cancel the conference.

A NYSCEF motion on notice or notice of petition must be e-filed at least eight days before its return date and made returnable in Room 130.

Documents, including notices of motion, affidavits, affirmations, memoranda of law, and exhibits, must be filed under separate document numbers with meaningful names.

A party may, without prior court permission, electronically file and email a short letter seeking reassignment or challenging Commercial Division placement.

Justice Reed does not accept letters, documents, or papers by email or mail unless the Part Rules or specified Commercial Division Rules permit them or the court gives prior approval.

Working copies of motion papers must not be filed unless the Court expressly directs that they be filed.

The note of issue should be filed by the calculated DCM deadline, subject to the court's discretion.

The Part Clerk will file trial extracts within 30 days after entry of the verdict or decision.

All pre-trial motions, including motions in limine, must be filed at least three weeks before the PTC so they can be made returnable at that conference.

Counsel must notify the court as soon as practicable after settlement or resolution of an active case or pending motion.

The filing and email of the SBT Settlement Agreement must occur on the agreement’s effective date.

Room 130 adjournment requests are routinely granted unless they violate Uniform Rule 202.8(e) or Room 130 procedures.

A conference-adjournment application must be submitted at least 48 hours before the scheduled conference.

Oral-argument adjournment requests must be made by stipulation at least five business days before the scheduled appearance, filed through NYSCEF, and emailed to the part clerk.

An adjournment request for a submissions-part motion or an OSC returnable on the papers must be made by an e-filed letter that is also emailed to the assigned law clerk.

Motion-submission-part adjournment requests must comply with the rules of that part.

The proposed judgment must be attached in PDF-A format, with a requested legal back to provide space for filing stamps and docketing.

Each filed document must have a separate document number and a meaningful name, including notices of motion, affidavits, affirmations, memoranda of law, and exhibits.

A Word version need not be attached for documents not requiring the court's signature, and a PDF of a letter is sufficient.

The courtesy copy required for papers filed in non-NYSCEF cases must be in PDF format.

If a modification of the pattern jury instruction is requested, the entire charge must be typed with the proposed modification in bold.

A party may not argue for denial of summary judgment solely based on failure to negotiate and file a joint statement of facts.

A request for pendente lite relief will be addressed only at the preliminary conference and must be accompanied by a motion.

Discovery motions are strongly discouraged.

A discovery motion requires a prior court conference, a written request of no more than two pages stating the meet-and-confer history and basis for the motion, and any response must be filed within two business days and may not exceed two pages.

A discovery motion may not be filed unless the party complies with 22 NYCRR §§ 202.7 and 202.20-f.

When a NYSCEF order directs the County Clerk to act, counsel must serve the order by filing a completed NYSCEF Form EF-22 notice with NYSCEF.

Orders concerning consolidation, severance, or caption amendment must be served with notice of entry on the County Clerk and General Clerk’s Office.

OSCs seeking relief under CPLR 321(b)(2) must require personal service under CPLR 308 and 311; substituted service may not be used.

Absent significant prejudice, a TRO movant must email the motion papers to opposing counsel and Mr. Rand at least 24 hours before the requested hearing time.

Proof of service, in the form of a filed affidavit of service, is mandatory for every movant.

Failure to deliver the signed TRO and commencement documents to the County Clerk before e-filing will result in public viewing of the filings.

The movant bears the burden of demonstrating compelling circumstances to justify restricting public access.

A generic assertion that information is confidential is insufficient; the party seeking sealing must demonstrate compelling circumstances justifying restricted public access.

Any request to seal records must be made specifically and on a showing of good cause.

A party seeking to file a redacted or sealed document must move by OSC; if provisional sealing was used, the OSC should request a TRO, and the moving papers must include narrowly tailored proposed redactions with a highlighted version emailed to the court and opposing counsel.

The required compliance-conference joint letter may not exceed three pages and must be single-spaced.

At least seven days before a status conference, counsel must submit a joint case-status letter of no more than three single-spaced pages.

A discovery-conference response may be filed via NYSCEF within two business days after service of the notification letter and is limited to two pages.

The joint letter submitted before the PC is limited to two pages.

When requested by the Court, a post-trial memorandum may not exceed 15 pages.

A non-NYSCEF filing must include courtesy copies emailed to the Principal Law Clerk, Assistant Law Clerk, Part 51 e-mail, and all sides.

Copies of proposed orders to show cause, proposed orders, proposed judgments, and post-trial briefs should be emailed to Chambers in Word format.

Because Chambers does not receive automatic NYSCEF upload notice, a courtesy copy of any letter, affidavit, or stipulation submitted to be so-ordered must be emailed directly to the Judge's law clerk.

Courtesy paper copies of motion papers, affirmations, and related documents must not be sent to the Part or chambers unless the court requests them.

The court does not require hard copies of motion papers filed electronically unless it specifically requests them.

Hard-copy filing fees may be paid by cash, certified check payable to the County Clerk, Visa/Mastercard/American Express credit card, or U.S. postal money order.

Unless otherwise directed, the moving party must order and pay for the oral argument transcript.

Exhibits are exempt from the multiple-motion filing restriction when citations are hyperlinked, and the court strongly prefers filing only one copy of each exhibit to NYSCEF.

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

After good-faith efforts to resolve a discovery dispute, the parties must coordinate a single Rule 14 submission containing the initial and responsive letters.

Similarly situated parties should make reasonable efforts to consolidate briefing papers and avoid duplication in combined briefs.

Each electronically submitted document or exhibit must be filed separately and identified in NYSCEF's Additional Document Information section.

The court encourages attorneys who significantly contributed to a matter but do not ordinarily appear or speak in court to participate in proceedings.

The court is more inclined to hold oral argument when an attorney admitted for fewer than five years, or an attorney whose participation enhances bar diversity, will argue.

A representation that oral argument will be presented by an attorney enhancing diversity in the bar or admitted to practice fewer than five years weighs in favor of holding oral argument.

The Court strongly encourages substantive courtroom participation by women, diverse lawyers, and attorneys with five years or less of practice experience.

Courtroom participation by attorneys who enhance diversity in the bar or have been admitted for fewer than five years is strongly encouraged through speaking and leading roles, including oral argument or lead participation in discovery or settlement conferences.