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New York County Supreme Court, Civil Branch — Rules of the Justices

Updated October 27, 2026

Courtwide

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders.

Official source ↗ · Collected 2026-10-27

Motion practice

STRUCTURE OF THESE RULES: The rules of the court are set forth immediately hereafter. These rules are applicable in the Parts of the court (excluding the Commercial Division) unless otherwise indicated in the Basic Information section that follows after the main body of the rules. The Basic Information section lists the Justices of the court in alphabetical order and a summary of the operational details of their Parts (e.g., motion days). Variations exist among the Parts in regard to such details. An attorney who wishes to know the requirements followed in a particular Part should consult the main body of the Rules together with the portion of the Basic Information section that pertains to that Part.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Filing and working copies

Rule A-1. Redaction of Information in Documents Filed with the County Clerk and the Court. Attorneys filing documents with the County Clerk or the Court, including those that fall within a category of document that is, as explained in the Court’s Notice to the Bar on the Public Access Project, included in the Scroll (Supreme Court Records On-Line Library) Public Access Project system or that shall hereafter be so included, shall omit or redact from such documents confidential personal information as provided in Uniform Rule 202.5 (e).

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Filing and working copies

Rule A-3. Form of Restriction on Access to Records. Where the Court grants a request to limit access to a document in the Scroll Public Access Project system or issues a directive sua sponte, the directive shall take the form of an administrative direction to the staff of the Court that the document in question not be included in the Scroll system or, if already included therein, that it be deleted from the database. Any such directive as may be issued in a case in which documents are otherwise available in the Scroll system shall not affect the status of the County Clerk hard-copy case file, which is open to the public unless otherwise ordered by the Court pursuant to Part 216 of the Uniform Rules for the Trial Courts.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

Rule 1. Appearances by Counsel; Knowledge and Authority. Counsel who appear at preliminary conferences must have sufficient familiarity with the case and authority to be able to discuss a discovery schedule in a meaningful way and to enter into agreements with regard thereto. Counsel who appear at other conferences and at the argument of motions must be familiar with the entire case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Adjournments

(a) If an action is settled or discontinued, a stipulation shall be submitted promptly to the County Clerk with the appropriate fee (Cashier’s Office, Room 160) and a copy shall be forwarded to the Part in question. If the case is otherwise disposed of, in whole or in part, counsel for the defendant affected shall immediately file a letter with the Clerk of the Part. If at the time of a settlement, discontinuance or other disposition a submitted motion is sub judice that is rendered moot, in whole or in part, by the disposition, or where a motion previously submitted is withdrawn, it is imperative that the Part be informed immediately.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

(b) If counsel is changed on consent, a copy of the form shall be filed in the General Clerk’s Office (Room 119). Filing with the County Clerk does not suffice. Absent submission of a consent form, an attorney of record will continue as such unless a motion for leave to withdraw is granted. If such an order is issued, counsel must serve a copy on the General Clerk’s Office and all other counsel. A notice of appearance shall be filed by substitute counsel with the General Clerk’s Office and the Clerk of the Part.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

(a) A preliminary conference will be held or, in Motor Vehicle cases and most tort cases against the City of New York, an automated Differentiated Case Management (“DCM”) scheduling order issued (i) within 45 days of assignment of a case to a Justice, unless impracticable for unusual reasons; or (ii) where a Request for Judicial Intervention is accompanied by a dispositive motion, within 45 days following disposition of such motion (if the case is not mooted by that disposition). Cases will be assigned to a DCM track (see Uniform Rule 202.19 (b)) upon filing. The court will afford all parties an opportunity to raise objections to the track assignment or any DCM scheduling order issued without a conference. Requests for preliminary conferences in unassigned cases should be filed with an RJI in the General Clerk’s Office (Room 119). In assigned cases, if the court itself does not direct a conference in a decision nor issue an order scheduling pretrial proceedings, counsel should contact the Part Clerk.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Adjournments

Rule 6. Adjournments of Conferences. Except as otherwise provided in the Basic Information section above or in Rule 26, adjournment of conferences will be allowed only as follows. The parties may adjourn any preliminary conference once for no more than 21 days, but only by submission of a written stipulation to the Part Clerk on or before the scheduled date thereof. Appearance by counsel is not required. Further adjournment of preliminary conferences and adjournments of compliance and pretrial conferences will be allowed only with permission of the court for good cause.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Discovery

Rule 7. Consultation Prior to Preliminary and Compliance Conferences. Prior to a preliminary or compliance conference, counsel for all parties shall consult one another about, and shall make a good faith effort to reach agreement on, (i) resolution of the case, in whole or in part, and (ii) discovery and any other issues to be discussed at the conference.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Discovery

Rule 8. Discovery Schedule. Strict compliance with all discovery orders is required. See Kihl v. Pfeffer, 94 N.Y.2d 118 (1999). Unexcused or unjustified failure to comply with deadlines fixed by the court, including those set out in Preliminary Conference Orders, may result in an award of costs, conditional or otherwise, or the imposition of another penalty authorized by CPLR 3126. Unless otherwise provided in the Basic Information section above or in the order, no extensions of deadlines set forth in a preliminary conference, compliance conference or other discovery order shall be allowed except with permission of the court for good cause shown.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Trial exhibits and witnesses

Rule 9. Medical Authorizations. When a defendant in a personal injury action serves a demand for authorizations together with a demand for a bill of particulars, counsel for plaintiff shall serve the authorizations with the bill.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Communications with chambers

Rule 10. Disclosure Disputes. Prior to making a discovery motion, counsel shall consult one another in a good faith effort to resolve any discovery disputes (see Uniform Rule 202.7). If a dispute is not thus resolved, the party seeking disclosure, unless otherwise directed in the Background Information section above, is advised to contact the Part Clerk promptly, and within any applicable deadline, for the purpose of arranging a conference, in court or by telephone.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Discovery

Rule 11. Expert Disclosure. Unless otherwise directed by the court in a preliminary conference order or otherwise, a party having the burden of proof shall serve a response to an expert demand pursuant to CPLR 3101(d) no later than 30 days prior to the date set by the court for trial. Within 15 days after receipt of this response any adverse party shall serve its response.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

Rule 12. Conferences Regarding Settlement of Actions by Infants and Others. Any proposed infant’s compromise or other proposed settlement pursuant to CPLR 1207 shall be considered by the court at an appearance in court on the record. An attorney seeking approval of such a proposal shall serve on all parties, at least five days prior to the scheduled appearance, a Notice of Conference on Proposed Infant’s [or other] Compromise. This Notice shall indicate the date, time and place of the conference. A copy of the proposed order of approval shall be annexed to the Notice unless previously served upon all parties. Said attorney shall submit to the court at the conference proof of service of such Notice.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

(a) Motions brought by notice of motion shall be made returnable in the General Clerk’s Office Motion Submission Courtroom (Room 130. Relevant procedures are explained on the court’s website (see “Courthouse Procedures” at www.nycourts.gov/supctmanh). Depending upon the assigned Part, contested motions submitted in the Motion Submission Part Courtroom are submitted without argument, or rescheduled for oral argument if so directed by the assigned Justice. For Justices who schedule argument on a case-by-case basis, notice of the argument date will be transmitted by the court. Counsel may ascertain how a motion submitted in Courtroom 130 was marked by consulting Scroll on the court’s website, the e-Track application, or, on the two days immediately following the submission date, the New York Law Journal.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

(b) Motions should be brought on by order to show cause only in a proper case (CPLR 2214 (d)). Unless otherwise directed in the Basic Information section above or in an order to show cause, original opposition papers on orders to show cause made returnable in the Part shall be delivered to the Part Clerk at least one business day prior to that date and reply papers should not be submitted.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

(a) Counsel must attach to motion papers copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion. Documents in a foreign language shall be properly translated (CPLR 2101(b)). Whenever reliance is placed upon a decision or other authority not officially published or readily available to this court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers. Courtesy copies shall not be submitted unless requested by the court, but working copies are required in some Parts in electronically filed cases (see the court’s Protocol for e-filed cases on the website (www.nycourts.gov/supctmanh, under “E Filing”)). Exhibits should be tabbed and be legible; a typed version of any exhibit that is difficult to read should be submitted with the original. Exhibits printed on both sides of the page should be bound and tabbed on the side.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

(c) The CPLR does not provide for sur-reply papers, however denominated. Papers or letters regarding a motion should not be presented to the court after submission of the motion in the Motion Submission Part Courtroom (Room 130), or after argument in the Part, if any, except with the advance permission of the court. Materials presented in violation of this Rule will not be read.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Adjournments

(b) Unless provided otherwise in the Basic Information section: argument may be adjourned for good cause; there shall be only one adjournment, for no more than 14 days, unless otherwise directed by the court. A request for an adjournment shall be made prior to the scheduled date.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Trial exhibits and witnesses

(a) A copy of any order affecting the caption of a case (e.g., amendment, substitution, correction of errors) shall be served by counsel upon the General Clerk’s Office (Room 119) and upon the County Clerk (Room 141B) so that the court’s records and the County Clerk’s records may be corrected. A copy of any order affecting the trial status of a case (e.g., striking a note of issue) shall be served on the General Clerk’s Office.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Filing and working copies

(b) Proposed counter-orders submitted to the court pursuant to Uniform Rule 202.48 (c) (2) shall be marked to identify all respects in which the proposal differs from the submission to which it responds.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

Rule 17. Motions for Summary Judgment. Unless otherwise provided in a particular case in the preliminary conference order or other directive of the Justice assigned, a motion for summary judgment shall be made no later than 120 days after the filing of the note of issue, except with leave of court for good cause shown.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

This section sets forth trial procedures generally applicable to cases to be tried in pure IAS Parts (i.e., not including cases scheduled for trial through the Administrative Coordinating Part (Part 40 or Part 40 City for City cases). However, since the nature of particular cases may make departure from these rules efficient and appropriate, counsel should in every instance confirm with the court at the pre-trial conference the Justice’s directive regarding applicability of these procedures to the case.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

Rule 19. Pretrial Conference. In cases to be tried in IAS Parts (i.e., not including cases scheduled for trial through the Administrative Coordinating Part (Part 40 or Part 40 City), the court will conduct a pretrial conference at which settlement will be explored and a trial date will be confirmed or a firm date set. Prior to the pretrial conference, counsel shall confer in a good faith effort to identify issues not in contention, resolve all disputed questions without need for court intervention, and settle the case. Unless otherwise directed by the court, each party must be represented at the pretrial conference by counsel

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Communications with chambers

having full knowledge of the case and specific authority to settle or the ability immediately to contact by telephone a person with such authority. To permit the fixing of a trial date, counsel must, prior to the conference, consult their own schedules and those of their witnesses and be prepared to furnish a realistic estimate of the trial’s length and discuss a suitable trial date unless previously fixed.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Trial exhibits and witnesses

(a) Insofar as possible, trials in pure IAS Parts will be scheduled at least one month in advance. As the schedules of counsel and witnesses will have been taken into account in determining the trial date, counsel will be expected to be ready to proceed at that time either to select a jury or to begin presentation of proof. Hence, once a firm trial date is set and counsel are so informed, counsel must immediately reconfirm the availability of witnesses and their own schedules. If for any reason, including trial commitments in other Parts or courts, counsel are not prepared to proceed on the scheduled date, counsel must inform the court of the difficulty within seven days of the date on which counsel were given the firm trial date. Absent extraordinary circumstances, failure of counsel to provide such notification will be deemed a waiver of any objection to the trial date.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Discovery

Rule 21. Pretrial Identification of Exhibits and Deposition Testimony in Pure IAS Parts. Counsel for the parties shall consult prior to trial and attempt in good faith to agree upon the exhibits and portions of deposition testimony (with the deletion of irrelevant matter) that will be offered into evidence on the direct case without objection.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Filing and working copies

Rule 22. Marked Pleadings and Other Pre-Trial Submissions in Pure IAS Parts. In cases to be tried in IAS Parts, unless the court directs otherwise, at least ten days prior to trial or at such other time as the court may direct, counsel shall submit to the court marked pleadings, the bill of particulars, and a list of witnesses (direct case); and in a jury case, requests to charge, a proposed verdict sheet, and, as appropriate, a memorandum of law or copies of authorities addressed to any unusual jury charge requests; and, in all jury cases in which doing so will facilitate efficient presentation of proof and in all non-jury cases, pretrial memoranda. If counsel wishes the court to charge verbatim from the Pattern Jury Instructions, it is sufficient if the request cites the PJI charge by number only. All other requested charges should be written out in full.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

Rule 24. Appearances at Conferences. Counsel and client must appear at the preliminary conference, all compliance conferences and the pre-trial conference. Failure to appear may result in costs or sanctions being imposed against the defaulting party.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

Rule 25. Submissions at Preliminary Conference. Each party is required to submit at the preliminary conference a properly certified net worth statement and a copy of the retainer agreement in accordance with Section 202.16 of the Uniform Rules for the Trial Courts.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Motion practice

Rule 28. Pre-Trial Conference. Unless directed otherwise, all cases scheduled for trial must appear for a pre-trial conference on a date set by the court. All motions in limine must be presented at this time and counsel should be prepared to discuss all evidentiary issues.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

Rule 29. Mandatory Pre-Trial Submissions. At the pre-trial conference, counsel shall provide his or her adversary and the court (a) marked pleadings (if grounds are in issue), (b) proposed statement of disposition, (c) child support worksheet (if applicable), (d) updated net worth statement, (e) list of all proposed exhibits, (f) witness list, (g) any expert report not previously provided, (h) pre-trial memoranda and (i) proof of filing of the note of issue.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

Rule 30. Index Numbers for Fee Claims. Within sixty days from the expiration of the time set forth, pursuant to EDPL 503 (B), in an order of acquisition for the filing of written claims or notices of appearance, condemnor shall obtain an index number for each of the fee claims on file with the court pursuant to the said order so that the Clerk can separately maintain the claim and all further proceedings with respect thereto, and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Thereafter, papers pertaining to each claim shall be separately prepared and filed under the index number assigned to the claim. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to a claim.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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Conferences and appearances

Rule 32. Submission and Filing of Appraisal Reports. In all proceedings for the determination of the value of property taken pursuant to eminent domain, counsel may request that the court modify the procedure set forth in Uniform Rule § 202.61 for the exchange of appraisal reports. Within the nine-month period for filing of appraisals set forth in Rule § 202.61 (a), the parties may agree by stipulation, and present same to the court for approval, to a direct exchange of appraisals without filing copies of appraisals with the court. Thereafter, the parties may extend the date for exchange of appraisal reports set forth in the stipulation by further stipulation, without court approval, for no more than an additional nine months, provided such stipulation(s) are filed with the Clerk of the court. In such event, a copy of each exchanged appraisal shall be provided to the court upon the earlier of (i) its request or (ii) a pre-trial conference called upon the filing of a note of issue. Original appraisals shall be retained for presentation as an exhibit at trial.

Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.

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