--- title: "David F. Everett | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/david-f-everett" page_type: "judge_profile" updated: "2026-08-02" --- # David F. Everett Westchester County Supreme Court · Supreme Court Justice ## Profile - Court: Westchester County Supreme Court - State: New York - Role: Supreme Court Justice - Service status: active - Last verified: 2026-07-26 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Assistant District Attorney, New York Supreme Court, Westchester County, NY, 2019-2032 - Judge in Westchester County, New York, having been elected in 2013 for a ten-year term that began on January 1, 2014, and concluded on December 31, 2023 - Assistant District Attorney - Deputy Chief, Kings County District Attorney's Office, New York, NY, 1986-1990 - Assistant District Attorney - Chief, Criminal Court Bureau, Queens County District Attorney's Office, New York, NY, 1982-1986 - Assistant District Attorney - Deputy Chief, Kings County District Attorney's Office, New York, NY, 1976-1980 - Presiding Judge of Veterans Treatment Court, promoting rehabilitation for veterans ### Education - Syracuse University — J.D. (1976) - CUNY Brooklyn College — B.A. (1973) ### Additional information - Acting Surrogate, Westchester County, NY, 2014-2023 - Practitioner, Private Practice, 1990-2013 - Practitioner, Commodity Futures Trading Commission,, 1980-1982 - Judge Everett’s courtroom emphasizes fairness, accessibility, and settlement facilitation. - Particularly noted for his role in the Westchester County Veterans Treatment Court (WCVTC) in White Plains. - He encourages parties to request conferences to resolve motions or settle cases, and all counsel appearing before him must be fully authorized to negotiate on behalf of their clients. - He presides over a variety of cases in the county court system, including civil, criminal, and problem-solving courts, and is recognized for his contributions to judicial administration and case management in accordance with the Westchester Supreme Court Civil Case Management Rules - His career reflects a combination of legal expertise, administrative skill, and a focus on rehabilitation-oriented justice ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### recording and photography Scope: statewide New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms. Evidence excerpt: 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 obtained [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) Source checked: 2026-07-26 ### evidence presentation control Scope: statewide 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. Evidence excerpt: 1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCE [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) Source checked: 2026-07-26 ### trial exhibit books Scope: statewide 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### exhibit marking Scope: statewide 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### virtual evidence courtroom Scope: statewide For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### electronic appearances Scope: statewide For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) Source checked: 2026-07-26 ## Sources - [Official profile](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=IDAfrF1iRg2HRNVUlIg1yw%3D%3D) - [Official roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=IDAfrF1iRg2HRNVUlIg1yw%3D%3D) - [New York State Unified Court System Judicial Directory official judicial roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=IDAfrF1iRg2HRNVUlIg1yw%3D%3D) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14710/david-f-everett/) - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) - [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) - [Part 202: Uniform Civil Rules for the Supreme Court and the County Court](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14710/david-f-everett/) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/david-f-everett", "url": "https://knowjudges.com/kyj/judge/david-f-everett", "name": "David F. 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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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 1 · Collected 2026-10-27 #### Conferences and appearances B. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Attorneys 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments C. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments D. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers E. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers F. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers G. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments H. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 3 · Collected 2026-10-27 #### Filing and working copies A. 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 3 · Collected 2026-10-27 #### Motion practice B. Electronic Filing: All submissions to the Court, including pleadings, motions, proposed orders, stipulations, judgments and letters must be electronically filed in See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 3 · Collected 2026-10-27 #### Discovery A. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 3 · Collected 2026-10-27 #### Discovery B. 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments submitted 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments C. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments D. 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). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 4 · Collected 2026-10-27 #### Discovery E. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments With 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies B. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 4 · Collected 2026-10-27 #### Motion practice C. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers D. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice No 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice E. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers F. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice Each 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice Where 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 6 · Collected 2026-10-27 #### Communications with chambers The 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice a. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice b. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice 2. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice 3. 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice this requirement may result in the denial of the motion unless copies of the prior pleadings are submitted to the Court by another party. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice 4. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 7 · Collected 2026-10-27 #### Trial exhibits and witnesses Where 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). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice 5. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 7 · Collected 2026-10-27 #### Adjournments 6. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 7 · Collected 2026-10-27 #### Adjournments No 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice H. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 7 · Collected 2026-10-27 #### Communications with chambers motion. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Motion practice J. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Motion practice 1. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Filing and working copies 2. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Filing and working copies 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Motion practice L. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Filing and working copies A. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Trial exhibits and witnesses B. 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 8 · Collected 2026-10-27 #### Trial exhibits and witnesses if 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses 4. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 9 · Collected 2026-10-27 #### Filing and working copies D. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances E. 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses 5. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses 6. Alert the Court as to any anticipated requests for a jury instruction relating to missing witnesses or evidence. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses F. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances G. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances H. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses I. 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses counsel 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances J. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses K. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses The 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances L. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses M. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses N. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses P. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DFEverett.pdf) · Source page 12 · Collected 2026-10-27 ### Shared court rules - [22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction](https://knowjudges.com/courtroom-rules/ny-shared-set-5e0f997e8c334d15fbc4) — State criminal proceedings only; section-specific court and case exceptions remain applicable. [Official source](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction). Collected 2026-10-27. - [22 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court](https://knowjudges.com/courtroom-rules/ny-shared-set-bf1c7eb9020e52eed65d) — Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable. [Official source](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court). Collected 2026-10-27. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-99a7824bb8e009643f842c03) — 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](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-34fe480ab82f22fa3c31d257) — 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](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.