David F. Everett at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2028
Supreme Court Justice · Westchester County Supreme Court
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New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses.
The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise.
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction.
Virtual Evidence Courtrooms (VECs) may be used to facilitate real-time access to trial exhibits and other relevant documents.Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗
For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.
For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically.Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Motions are on submission only unless the Court directs otherwise. Orders to Show Cause routinely have a mandated Court appearance, unless the Court directs otherwise.
Source page 1PLEASE NOTE: The Court encourages and is available to facilitate the settlement of all matters. Accordingly, in any case assigned to this Part, where all parties consent, they may contact Chambers to request a conference for the purpose of resolving motions pending before this Court or settling the entire matter. Nonetheless, even if the parties agree to attend a Court conference, this shall not serve to delay the submission date of any motion, nor as a stay of the proceedings.
Source page 1B. Appearances by Counsel with Knowledge and Authority: All counsel who appear before the Court must be familiar with the case and be fully authorized to enter into agreements as to both substantive and procedural matters on behalf of their clients.
Source page 2Attorneys appearing “of counsel” to the attorneys of record and self-represented parties shall be held to the same requirements. Failure to comply with this rule may be regarded as a default and dealt with appropriately. All counsel and self-represented parties must be on time for all scheduled appearances.
Source page 2C. Settlements and Discontinuances: If an action is settled, discontinued, or otherwise disposed of in any manner by the parties, counsel and self-represented parties shall immediately inform the Court via the New York State Courts Electronic Filing System (NYSCEF) and email to the Part Clerk at ldavis1@nycourts.gov, attaching a copy of the Stipulation of Discontinuance. The Court will not mark any matter settled unless these directions have been complied with.
Source page 2D. Immediate Attention: For procedural matters, such as a request to adjourn an in-Court or virtual appearance, a written stipulation signed by all parties shall be filed in NYSCEF and emailed to the Part Clerk at ldavis1@nycourts.gov. Such a request must be submitted at least 36 hours in advance, unless the Court determines that there are extraordinary circumstances. The Court does not make determinations on substantive matters via correspondence.
Source page 2E. Conduct of Parties and Counsel: It is expected that all parties and counsel shall conduct themselves appropriately in all in-court and out-of-court (virtual) proceedings and in their communications with each other and to the Court. Personal attacks upon parties, counsel or the Court will not be tolerated and may result in the imposition of sanctions as the Court determines to be warranted under the circumstances.
Source page 2F. Ex Parte Communications: Ex parte communications are strictly prohibited except upon consent of all counsel, or with respect to scheduling matters, the presentation of orders to show cause for signature, or where otherwise permitted by law.
Source page 2G. Communications with Represented Parties: Counsel are directed to inform their clients that under no circumstances shall any represented party engage in any conversation or exchange any communication with the Court’s staff (see CPLR § 321[a]). If a represented party communicates with any member of the Court’s staff, all counsel shall be informed of the communication and, if it is in writing, shall be sent a copy of that writing.
Source page 3H. Scheduling: Counsel and any self-represented party should address questions about scheduling appearances or adjourning appearances to the Part Clerk, La’Shawn Davis, at ldavis1@nycourts.gov.
Source page 3A. E-Filing Rules and Protocol: Counsel for all parties shall familiarize themselves with the statewide E-Filing Rules (see §§ 202.5-b and 202.5bb of the Uniform Rules for the New York State Trial Courts, available at www.nycourts.gov/efile) and the Westchester
Source page 3B. Electronic Filing: All submissions to the Court, including pleadings, motions, proposed orders, stipulations, judgments and letters must be electronically filed in
Source page 3A. Compliance Conference: The date of the first compliance conference shall be noted on the preliminary conference order. To ensure that a case stays on its designated track, the first compliance conference shall be held approximately one hundred fifty (150) days prior to the date fixed as the last day of discovery. Once a preliminary conference order has been issued, the case will remain on this court’s inventory for discovery proceedings.
Source page 3B. Discovery Schedule: Compliance conferences shall be conducted by the Principal Court Attorney, who shall monitor the progress of discovery to completion and ensure that discovery obligations and deadlines are enforced (and, where appropriate, adjusted) on a consistent basis. Requests for modifications to discovery schedules shall be addressed to the Principal Court Attorney at the conference (22 NYCRR 202.20-e). Applications for extensions of a discovery deadline shall be made by stipulation showing good cause as soon as practicable and preferably prior to the expiration of the deadline. Requests to extend court-ordered discovery deadlines or respond to discovery disputes shall be
Source page 3submitted via email and uploaded to the NYSCEF system. The date of the adjourned compliance conference, received after consultation with the Principal Court Attorney, shall be included in the stipulation.
Source page 4C. Adjournment of Compliance Conference: An adjournment of the date on which the compliance conference is to be held shall be granted upon a showing of good cause (22 NYCRR 202.10). When practicable, the request for an adjournment shall be made at least two (2) business days before the scheduled conference. A stipulation of adjournment filed in NYSCEF and emailed to the Part Clerk is preferred. However, if a stipulation cannot be obtained, a request for an adjournment shall be filed in NYSCEF and emailed to the Part Clerk on notice to all other parties. All requests should state the earliest period when the parties will be available for the next conference. The Part Clerk will advise when the next compliance conference will be held, which date shall be no later than one hundred twenty (120) days prior to the last day of discovery set forth in the preliminary conference order, unless there are special circumstances. Unless the parties receive confirmation from the Part Clerk that a conference has been rescheduled, the parties shall appear for the conference as originally scheduled.
Source page 4D. Adherence to Discovery Schedule: The parties are cautioned that any adjournment of the compliance conference will not excuse a failure to provide discovery or failure to adhere to a preliminary conference order or compliance conference order and that discovery shall proceed during the period of any adjournment (22 NYCRR 202.10).
Source page 4E. Routine Requests: Inquiries submitted via the NYSCEF system and by email to the Part Clerk are restricted to scheduling matters and routine submissions only. If assistance is required regarding a discovery issue, a party shall request a compliance conference in a timely manner by emailing the Part Clerk, on notice to all other parties.
Source page 4With the exception of pre-motion conferences, all inquiries regarding motions, including adjournments, shall be directed to the Motion Support Office. A motion may not be adjourned more than three (3) times and the return date may not be adjourned for more than a total of sixty (60) days.
Source page 4B. Working Copies: This Part does not require working copies unless otherwise directed by this Part in a particular matter. In the event that this Part requires a working copy, the working copy shall have the Confirmation Notice generated by the NYSCEF system, showing that the documents have been e-filed, firmly fastened thereto as a cover page.
Source page 4C. Orders to Show Cause for Cases Assigned to this Part: If the order to show cause is signed by the Court, a copy of it shall be served in the manner set forth therein. Unless indicated otherwise, an in-person court appearance is required on the return date of all orders to show cause. If an appearance is not required, the order to show cause will so indicate and no oral argument will be heard on the return date.
Source page 5D. Discovery Disputes for Cases Assigned to this Part: Prior to seeking judicial intervention, counsel and/or unrepresented parties shall communicate with each and attempt to resolve or limit any discovery issues. The court endeavors to resolve discovery disputes promptly, usually by conference, which may be held telephonically, virtually or in person. A discovery conference may be obtained by submitting a letter application, not exceeding one (1) page in length, to the Part Clerk, via email and efiling same in NYSCEF.
Source page 5No discovery motion will be entertained absent a pre-motion conference authorizing the application. After the pre-motion conference, if the discovery issues are not resolved, any motion to bring the issue before the Court must be made by order to show cause.
Source page 5E. Requests for Temporary Injunctive Relief for Cases Assigned to this Part: When an order to show cause is to be presented to the Court which seeks temporary injunctive relief, including, but not limited to, a stay or a temporary restraining order, counsel for the moving party or any self-represented party shall demonstrate compliance with §202.7(f) of the Uniform Rules for the New York State Trial Courts, regarding notice to affected parties.
Source page 5F. Form of Papers: All motion papers submitted to the Court, including orders to show cause, must be legible, and should be typewritten and double-spaced, with all exhibits labeled (and, in the case of hard copies, affixed with tab markings). Motion papers and all correspondence must indicate the index number assigned to the action.
Source page 5Motion exhibits shall not be replicated in the same motion sequence or related sequences once submitted, including simultaneous submission of summary judgment motions (CPLR 2214 [c]). The parties shall confer to assure that this rule is followed. Exhibits referenced in depositions that are to be considered on a motion shall be labeled as all other exhibits.
Source page 5Each party shall furnish to the court all papers served by that party. The moving party shall furnish all other papers not already in the possession of the court necessary to the consideration of the questions involved. Except when the rules of the court provide otherwise, in an e-filed action, a party that files papers in connection with a motion need not include copies of papers that were filed previously electronically with the court, but may make reference to them, giving the docket numbers on the e-filing system.
Source page 5Where such papers are in the possession of an adverse party, they shall be produced by that party at the hearing on notice served with the motion papers. Only papers served in accordance with the provisions of this rule shall be read in support of, or in opposition to, the motion, unless the court for good cause shall otherwise direct.
Source page 6The numbered paragraphs in the moving party’s statement of material fact will be deemed admitted unless specifically controverted by a corresponding numbered paragraph in the opposing party’s statement of material fact. Any statement of material fact must be followed by a citation to the evidence submitted in support of or opposition to the motion. The moving party shall include copies of all pleadings filed as of the date the motion is filed.
Source page 6a. Pre-Note of Issue Summary Judgment/Dispositive Motions: Pre-note of issue summary judgment or other dispositive motions are subject to and governed by the Westchester Supreme Court Civil Case Management Rules (Revised Effective December 6, 2021). The return date for any pre-Note of Issue motions for summary judgment once made may not be extended more than three (3) times and such return date my not be extended for more than a total of sixty (60) days.
Source page 6b. Post-Note of Issue Summary Judgment / Dispositive Motions: Post-note of issue summary judgment or dispositive motions are subject to and governed by the Westchester Supreme Court Civil Case Management Rules (Revised Effective December 6, 2021). Any motion for summary judgment by any party must be made within sixty (60) days following the filing of the Note of Issue.
Source page 62. Motions for Leave to Renew or Reargue: On any motion seeking leave to renew or reargue a prior motion pursuant to CPLR 2221, papers previously filed do not need to be uploaded again but must be referenced by their NYSCEF document number. The failure to comply with this requirement may result in the denial of the motion unless the papers on the prior motion are referenced by another party.
Source page 63. Motions for Leave to Amend, Supplement, or Correct Pleadings: On any motion for leave to amend, supplement, or correct a pleading, in addition to the proposed amended, supplemental, or corrected pleading, the moving party shall reference copies of all pleadings filed in NYSCEF as of the date of the motion. The proposed changes to a pleading must be clearly shown. The failure to comply with
Source page 6this requirement may result in the denial of the motion unless copies of the prior pleadings are submitted to the Court by another party.
Source page 74. Motions for Injunctive Relief: Where an order to show cause seeks injunctive relief, copies of the summons and complaint or petition commencing the underlying action must be provided to the Court by the moving party via NYSCEF. The failure to comply with this requirement may result in the denial of the order to show cause.
Source page 7Where temporary injunctive relief is sought, counsel for the moving party or any self-represented party shall demonstrate compliance with §202.7 (f) of the Uniform Rules for the New York State Trial Courts regarding notice to affected parties. (see above).
Source page 75. Default Motions: On any motion for a default judgment, proof must be presented that a military status investigation of all individual (non-corporate) defendants has been conducted after the time for each such defendant to appear or answer, as applicable, has passed. In addition, to be sufficient, the military status investigation must include, at a minimum, proof of a search conducted through the Department of Defense, which may be performed through that agency’s internet site, https://scra.dmdc.osd.mil/scra/#/home.
Source page 76. Oral Argument on Motions and Adjournments: Once fully submitted, if appropriate, a motion will be scheduled for an in-person oral argument and/or settlement conference. A party seeking a short adjournment of an oral argument and/or settlement conference must contact all other parties to obtain consent and demonstrate such efforts to the Court. All requests for adjournments shall be sent in writing by email to the Part Clerk. Any stipulations or letters concerning an adjournment shall be electronically filed in NYSCEF at least 36 hours prior to the date of the conference. No adjournment will be granted if not received at least 36 hours prior to the motion conference date unless the Court determines that there are extraordinary circumstances.
Source page 7No motion conference date shall be considered adjourned unless the Part Clerk, Confidential Secretary, or Principal Court Attorney has conveyed the Court’s approval of an adjournment.
Source page 7H. Reply Papers: Parties must adhere to the CPLR, and counsel and self-represented parties shall not set forth factual claims or legal arguments in reply papers that were not previously set forth. New factual claims and legal arguments not directly in response to factual claims or legal arguments offered in opposition to a motion or cross motion will not be considered by the Court in its determination of a motion or cross motion.
Source page 7motion. Nor is motion practice by correspondence permitted. Any opposing counsel or self-represented party who receives a copy of such materials submitted in violation of this rule shall not respond to same.
Source page 8J. Settled Motions: In the event that before the motion return date or before a decision has been rendered the parties settle, withdraw, or otherwise resolve a motion, or part of a motion, they shall immediately inform the Court by contacting the Part Clerk, La’Shawn Davis, by email at ldavis1@nycourts.gov. In addition, a document detailing the withdrawal, settlement, or other resolution of the motion shall be filed in NYSCEF.
Source page 81. Written Decisions: In certain instances, a written decision and order will be issued by the Court following submission of the motion. The decision and order will be e-filed in NYSCEF. E-filing parties must serve documents in hard copy on parties who have not recorded their participation in e-filing and e-file proof of such service.
Source page 82. Bench Decisions: In certain instances, the Court will render a decision from the bench. Any party seeking a written order shall submit to the Court a proposed order supported by a copy of the transcript of the proceedings at which the bench decision was rendered. The signed order will be e-filed by the Court in NYSCEF.
Source page 8E-filing parties must serve documents in hard copy on parties who have not recorded their participation in e-filing and e-file proof of such service.
Source page 8L. Stipulation of Issues to Avoid Motion Practice: If the parties can agree to resolve issues that might otherwise be the subject of motion practice, the parties shall file a stipulation in NYSCEF indicating that to avoid motion practice, the parties have agreed to resolve the issues as stated in the stipulation.
Source page 8A. Trial Preparation: Prior to the commencement of the trial or hearing, counsel shall ascertain the availability of all witnesses and subpoenaed documents. Counsel for any party or any self-represented party who has issued subpoenas for the production of records shall request that the Part Clerk obtain all subpoenaed documents from the file room upon reporting to the Part for trial.
Source page 8B. Interpreters and Special Services: Upon reporting to the Court for a trial or a hearing, counsel and any self-represented party shall immediately advise the Part Clerk if the services of a foreign language interpreter are required for any party or witness, or if any special services are required for any party or witness who is hearing-impaired or who suffers from any other disability. Similarly, the Part Clerk shall be immediately informed
Source page 8if there is a need for an easel, shadow box, blackboard, white board, or any other trial aid. Projection equipment, screens, and/or extension cords shall be provided by counsel.
Source page 94. A list of all exhibits the party expects to use at trial, indicating whether such exhibits are stipulated for admission into evidence or are marked only for identification.
Source page 9D. Marking of Exhibits: After filing the above listed submissions with the Court, counsel and any self-represented party shall meet with the assigned Official Stenographer to pre- mark all exhibits for identification. Any exhibits whose admission is agreed upon by the parties shall be pre-marked for admission.
Source page 9E. Conference: Immediately preceding the commencement of the trial, the Court shall conduct a conference with all counsel and self-represented parties to discuss preliminary matters and the possibility of settlement. At this conference, counsel must have full authority to settle, or be able to immediately reach the person with such authority by
Source page 95. Discuss scheduling, as well as the number of witnesses to be called at trial, any anticipated issues regarding the attendance at trial of any party, attorney or witnesses, and any other practical problems the Court should consider in scheduling.
Source page 106. Alert the Court as to any anticipated requests for a jury instruction relating to missing witnesses or evidence.
Source page 10F. Copies of Transcripts: Immediately prior to the commencement of the trial, all transcripts of examinations before trial that may be used either to refresh a witness’ recollection or for cross-examination shall be provided to the Court. If any part of a transcript of an examination before trial or other recorded proceeding will be read as evidence-in-chief, the proponent of the transcript shall provide a complete copy of it to the Court immediately prior to the commencement of the trial, with citations to the page and line numbers for all portions to be read.
Source page 10G. Addressing the Court: Any counsel or self-represented party who is presenting an argument or otherwise addressing the Court, including the making of objections, shall stand while doing so, unless the Court directs otherwise. If it is believed that argument on an objection is necessary, to avoid any inappropriate influence on the jury, any counsel or self-represented party may ask permission to approach the bench for a sidebar conference to discuss the matter.
Source page 10H. Courtroom Behavior: All remarks and all requests, such as for a read-back of testimony or the assistance of a Court Officer, shall be directed to the Court. Comments shall not be made to opposing counsel or self-represented parties. Personal attacks upon parties, counsel or the Court will not be tolerated and may result in the imposition of sanctions as determined by the Court to be warranted under the circumstances. Do not attempt to speak over an adversary; only one person shall speak at a time. If a significant discussion with an adversary is required, permission to approach the bench for a sidebar conference should be requested.
Source page 10I. Use of Exhibits: Do not show anything, including an exhibit or proposed exhibit, to a witness without first showing it to all opposing counsel and self-represented parties. If any
Source page 10counsel or self-represented party believes this procedure will compromise his or her trial strategy, he or she shall first request a pre-offer ruling outside the presence of the jury.
Source page 11J. Summation Exhibits: Any counsel or self-represented party who intends during summation to use any type of demonstrative exhibit not marked into evidence must advise the Court and all other counsel and self-represented parties of that intention at the pre- charge conference. Failure to comply with this rule may result in an order precluding use of the exhibit during summation.
Source page 11K. Examination of Witnesses: Do not approach a witness on the stand during questioning without the Court’s permission. In the absence of such permission, counsel shall not come closer to the witness stand than the line created by the front of the table occupied by plaintiff’s counsel. While conducting the examination of a witness, the questioning counsel or self-represented party shall not intentionally make eye to eye contact with the jurors.
Source page 11The questioning counsel or self-represented party shall allow the witness to complete his or her answer to a question before asking another question. Do not interrupt a witness in the middle of an answer unless it is totally unresponsive, in which event a ruling from the Court shall be requested. If an objection is made during the examination of a witness, opposing counsel shall not make further inquiry of the witness until the Court rules on the objection.
Source page 11L. Jury Charges: In all jury trials, a complete list of requests to charge shall be submitted to the Court immediately prior to the commencement of trial, with copies to be provided to all other counsel and self-represented parties. If a requested charge is drawn from the current Pattern Jury Instructions (PJI), only the PJI number need be submitted. Where deviations from, or additions to, the PJI are requested, or where an instruction has a space for facts or other information to be filled in, the full text of such requests or insertions must be submitted in writing, together with any supporting legal precedents. In addition, such proposals shall be prepared in Word format and emailed to the Judge’s Confidential Secretary at rsutherl@nycourts.gov. At the final charge conference, if marshaling of the evidence is required as to a particular jury charge, counsel and all self-represented parties shall provide the Court with the proposed facts they seek to be presented to the jury.
Source page 11M. Verdict Sheet: At the commencement of the trial, counsel for the parties and any self- represented parties shall jointly prepare a verdict sheet. If agreement cannot be reached, each party shall present a proposed verdict sheet which shall be served upon all other parties. The verdict sheet shall be in a final, typewritten form, which may be used given by the court to the jury. In addition, the proposed verdict sheet(s) shall be submitted in Word format and emailed to the Judge’s Confidential Secretary at rsutherl@nycourts.gov.
Source page 11N. Check-in: At the start of each day of trial, all counsel and self-represented parties shall check in with the Part Clerk so she will be aware of your presence.
Source page 11P. Inquest/Assessment of Damages: Generally, being granted a default judgment only addresses liability. When there is to be an assessment of damages, the plaintiff must prove damages at an inquest with legally sufficient evidence. In particular, where recovery is sought for a sum of money alleged to have been paid by the plaintiff, the proof presented to the Court must include all bills, invoices, or estimates marked paid, cancelled checks, or other documents that show proof of payment and substantiate with specificity the sum being sought. The Court will only issue a judgment for the damages that have been documented with legally sufficient evidence.
Source page 12Westchester County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-27Westchester County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Westchester County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Westchester County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Identity source checked July 26, 2026.
Biography sources checked August 2, 2026.
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗