Gina C. Capone at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2033
Supreme Court Justice · Orange 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
A. Correspondence. Correspondence to the Court shall, without exception, be copied to all adversary Counsel and pro se (self-represented) litigants. In e-filed cases, all correspondence shall be uploaded to NYSCEF. Correspondence between Counsel and/or pro se litigants shall not be copied to the Court unless there is some specific judicial purpose to be served by transmitting copies to the Court. Faxes, emails, and letters addressing substantive non-procedural matters, will not be considered by the Court.
Source page 1B. Telephone Calls. Telephone calls to the Court staff are permitted only in urgent situations requiring immediate attention that cannot be attained by correspondence.
Source page 1D. E-Mail. E-mails to the Court and Court's staff should be concise, stating the relief or action requested to be taken by the Court. All parties must be copied on the email. The email address for chambers is 9JD-JudgeCapone@nycourts.gov. Parties are also directed to Section 202.5 of the Uniform Civil Rules for the Supreme Court and the County Court.
Source page 2A. E-Filing Protocols. Counsel and pro se litigants shall familiarize themselves with the statewide E-Filing Rules (''202.5-b and 202.5-bb of the Uniform Rules for the New York State Trial Courts, available at www.nycourts.gov/efile) and the Putnam County and Supreme Courts E-Filing Protocols available at http://www.nycourts.gov/courts/9jd/putnam/putnam_e-file/putnam_efile_protocol.pdf.
Source page 2General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@courts.state.ny.us. Specific questions about local procedures should be addressed to the Putnam County and Supreme Court Clerk's Office at (845) 208-7854.
Source page 2Counsel, including per diem covering counsel and pro se litigants, must appear on time, be fully familiar with the action(s) on which they appear, be authorized and prepared to discuss all factual and legal issues presented by the litigation and settlement demands or offers, and be authorized to enter into any agreement on behalf of their client (see Section 202.1 Uniform Civil Rules for the Supreme Court and County Court).
Source page 2In matrimonial actions, attorneys are to appear with their clients for all conferences, unless such appearances are dispensed with by the Court either in its own discretion or on prior written request, on notice to the adversary, and, if applicable, the children(s)' attorney(s). In non-matrimonial actions, parties need not appear for conferences, unless directed by the Court.
Source page 2B. Adjournments. A request to adjourn a conference must be made in writing by letter uploaded to NYSCEF in e-filed cases and email in paper cases only at least forty-eight (48) hours in advance of the scheduled conference, unless there is an actual emergency, which must be
Source page 2stated in the application. All applications for adjournments must be sent to all parties and must set forth: 1) the reason why an adjournment is necessary; 2) that the opposing parties have been notified and whether the opposing party(ies) consent(s) or object(s) to the application; and 3) the length of the adjournment sought or, if on consent, a date all parties are available. All such communications must be copied to all counsel and self-represented parties (see Section 202.23 Uniform Civil Rules for the Supreme Court and County Court).
Source page 3The Court will advise the requesting party if the requested adjournment has been granted. The requesting party shall advise all other parties to the action if the adjournment request was granted. The parties should not assume that the request for adjournment has been granted unless specifically advised by the Court. In the event an adjournment request is made less than 48-hours prior to the scheduled conference, the parties should assume the request has been denied unless otherwise notified by the Court.
Source page 3C. Preliminary Conferences. Preliminary Conferences shall be conducted within 45 days: (1) after a written Request For Judicial Intervention ("RJI") is duly filed with the Office of the Clerk in accordance with Uniform Rule 202.12(a); or (2) after an appropriate notice is filed in medical malpractice actions pursuant to Uniform Rule 202.56; or (3) after an appropriate notice is filed in matrimonial actions pursuant to Uniform Rule 202.16; or (4) upon a specific directive by the Court. Preliminary conferences in matrimonial actions will be conducted in accordance with Uniform Rule 202.16 and DRL 236(B)(4). Preliminary Conferences in medical, dental and podiatric malpractice actions will be conducted in accordance with Uniform Rule 202.56(b).
Source page 3In the lead up to your scheduled Preliminary Conference, you will receive a P.C. order for completion prior to your conference. Parties are to work together to set the relevant deadlines contained therein. Counsel are also directed to Section 202.11 of the Uniform Civil Rules for the Supreme Court and the County Court with respect to the obligation on parties and counsel to meet and confer prior to the preliminary conference. In e-filed cases, the parties are required to upload a Proposed PC order prior to the conference date.
Source page 3D. Discovery Disputes. Parties who have a discovery dispute are NOT to wait until the Compliance Conference to bring such dispute or complaint about non-disclosure to the Court's attention. The Uniform Civil Rules for the Supreme Court and the County Court require the parties to resolve any and all discovery disputes through informal procedures, rather than motion practice (see Section 202.20-f of the Uniform Civil Rules for the Supreme Court and the County Court).
Source page 3Exception: Where an Order of Protection prohibits one party from contacting another party, the party who believes that discovery is not being complied with shall contact the Part Clerk without contacting the opposing party.
Source page 4E. Compliance Conferences. The purpose of the Compliance Conference is for Counsel and pro se litigants to report to the Court that pre-trial discovery is progressing, or has been completed, so the Court can direct a date on which a Note of Issue shall be filed and can schedule a Pre-Trial Conference and trial dates. As is the rule with respect to a Preliminary Conference, counsel has an obligation to consult prior to the compliance conference to reach an agreement as to the resolution of the case, discovery, potential use of ADR, or any other exchanges of information that would advance or aid the settlement of the matter (see Rule 202.11 of the Uniform Civil Rules for the Supreme Court and the County Court).
Source page 4F. Expert Disclosure. Except as otherwise directed by the Court, a party who has the burden of proof on a claim, cause of action, damages or defense shall serve its response to an expert demand pursuant to CPLR 3101(d) on or before the filing of the Note of Issue, if not sooner filed. Any opposing party shall serve its answering response pursuant to CPLR 3101(d) within 60 days after the filing of the Note of Issue. Any amended or supplemental expert disclosure shall be allowed only with the permission of the Court. Unless the Court directs otherwise, a party who fails to comply with this rule may be precluded from offering the testimony and opinions of the expert for whom a timely response has not been given.
Source page 4The statutory stay for disclosure [CPLR 3214(b)] upon the service of a dispositive motion under CPLR 3211 shall not apply to the service of these expert responses, or other disclosure devices or deadlines. Any motion by a party to preclude, or limit expert testimony under this rule, must be made as soon as practicable but no later than (30) days after the party's receipt of the expert disclosure or the motion will be waived.
Source page 4G. Settlement Conferences. The Court will conduct a Settlement Conference approximately 30 days after the Compliance Conference. Per Diem counsel are not permitted.
Source page 4Counsel attending the Settlement Conference must be the trial counsel and fully familiar with the action and be authorized to discuss all factual and legal issues presented by the litigation, settlement demands or offers, witness scheduling, and trial procedure including, for example, whether any party or witness will require a translator or accommodation for a physical challenge. Trial Counsel also must be authorized to enter into binding settlements on terms agreeable to the parties and to the Court.
Source page 5H. Pre-Trial Conference. A Pre-Trial Conference with all counsel and pro se parties will be conducted prior to trial. A detailed Pre-Trial Conference Order will be provided which details at length the respective obligations and deadlines.
Source page 5(a) Pre-Marking of Exhibits. Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. Five days prior to the pre-trial conference, the parties will jointly provide a single list of all of the Exhibits (identified as Plaintiffs Exhibits [Numbered] and Defendants Exhibits [Lettered]), to which counsel for all parties agree should be admitted into evidence on consent. Those exhibits will be marked into evidence at the beginning of the trial.
Source page 5Five days prior to the pre-trial conference, the parties will also provide a list of all exhibits to which they do not consent, a short statement of the objection and the Court will rule upon the objections to the contested exhibits at the pre-trial conference or as soon thereafter as possible. Those exhibits shall be marked for identification only. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked (see Section 202.34 of the Uniform Civil Rules for Supreme Court and the County Court).
Source page 5(b) Proposed Jury Charges. Where the trial is by jury, counsel shall, at least five days before the pre-trial conference, provide the Court with case-specific requests to charge. Where the requested charge is from the New York Pattern Jury Instructions - Civil, a reference to the PJI number will suffice but must reference the PJI from 2023 or more recent. Submissions should be by hard copy and electronically, as directed by the Court (see Section 202.20-h of the Uniform Civil Rules for the Supreme Court and County Court).
Source page 5(c) Proposed Verdict Sheet. A Proposed Verdict Sheet, jointly prepared by all parties, typewritten and in final form for presentation to the jury, shall be submitted to the Court five days before the pre-trial conference. If the parties cannot agree to the questions to be posed to the jury prior to the Pre-Trial Conference, each party will submit a Proposed Verdict Sheet five days before the Pre-Trial Conference. Proposed Verdict Sheets must be submitted by email in Microsoft Word format to the Court.
Source page 5(d) Motions In Limine. Written motions in limine must be made returnable two weeks prior to the date of the Pre-Trial Conference. Such motions must be made on no less than seven (7) days' notice to opposing counsel and/or pro se parties.
Source page 6(e) On the first day of trial or at such other time as the Court may set, counsel shall submit an indexed binder or notebook of trial exhibits for the Court's use. A copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses shall be prepared and submitted. Plaintiff's exhibits shall be numerically tabbed, and defendant's exhibits shall be tabbed alphabetically.
Source page 61. Parties may move by Notice of Motion or Order to Show Cause, depending on the exigency of the relief sought. All motions and cross motions in matrimonial actions are to be made by Order to Show Cause. Proposed Orders to Show Cause submitted for consideration by the Court on non-e-filed matters must include an email address to permit a conformed copy of the signed Order to be sent to the movant.
Source page 62. Written applications by Notice of Motion (or Notice of Petition, where applicable) must be made returnable on any Friday the Court is in session.
Source page 63. There will be no oral argument required on any motion or Order to Show Cause unless directed by the Court.
Source page 64. Except by permission of the Court, all motion papers and Orders to Show Cause filed in non-e-filed matters must be typewritten (minimum 12-point type), double-spaced, securely bound and entirely legible. All exhibits must be legible and labeled with external tab markings. Plaintiffs shall designate exhibits by number; Defendants shall designate exhibits by letter. Exhibit lettering or numbering should not begin anew for subsequent papers submitted by the same party.
Source page 6B. Orders to Show Cause & TROs. Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or statute mandates proceeding as such (see Section 202.8-e).
Source page 6C. Summary Judgment Motions. Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue. If a Summary Judgment motion is made prior to completion of discovery, the making of the motion is not to be deemed a stay of discovery. The parties shall continue to abide by any Order or Notice pertaining to discovery, unless otherwise directed by the Court.
Source page 7D. Adjournments of Motions. A request to adjourn a motion must be made in writing and uploaded to NYSCEF in e-filed cases or transmitted to Chambers by email [9JD- JudgeCapone@nycourts.gov] on non-e-filed cases, prior to the return date of the motion, copied to all counsel and pro se parties. Adjournment requests will only be granted by the Court. Stipulations purporting to adjourn the return date of a motion will be treated as a request.
Source page 7D. Infant Compromises. All infant compromises must be brought by Order to Show Cause in accordance with the CPLR and must comply with the provisions found in Section 202.67 of the Uniform Civil Rules for the Supreme Court and County Court.
Source page 7E. Motion Withdrawal. Counsel must immediately notify the Court by uploading a letter to NYSCEF on e-filed cases or by email on on-e-filed cases, stating that the motion is withdrawn.
Source page 7Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will be rejected unless an Affidavit of Service and Notice of Settlement for a date designated in accordance with 22 NYCRR 202.48 has been included.
Source page 7A. Proposed Order. All motions must include a Proposed Order which disposes of the motion or application for the Court's signature. Copies of templates to be used by counsel can be found on the OCA website at http://www.nycourts.gov/forms/foreclosure/index.shtml.
Source page 7B. Substitution of Referee or GAL. Requests to substitute a Referee or GAL upon that appointee’s declination of the appointment may be made by e-filed letter or email to the Court in non-e-filed cases. A formal motion is not required.
Source page 8A. Preliminary Conferences. The Court shall conduct a Preliminary Conference in accordance with 22 NYCRR 202.16(f). Counsel must be familiar and comply with the provisions of 22 NYCRR 202.16. Prior to the Preliminary Conference, the parties are required to file and exchange those documents set forth in 22 NYCRR 202.16 (f)(1), including Net Worth Statements, pay stubs, W-2 statements, tax returns and statements of accounts.
Source page 8B. Appearance by Parties. As noted above, parties to matrimonial actions shall appear at all matrimonial conferences together with their counsel, unless otherwise directed by the Court.
Source page 8D. Experts and Reports. No attorney shall be appointed for a child nor a child forensic evaluation ordered, except upon order of the Court, which shall be made: (a) upon a motion made by Order to Show Cause pursuant to these Rules or (b) as a result of a conference before the Court. No expert shall be appointed except upon evaluation of the requests made by a party or parties, the parties' Net Worth Statements and most recent tax returns, if applicable, or any recommendation by the Court. Nothing contained herein shall be deemed to limit or restrict the authority of the Court, in accordance with the law, to make any appointment, it being the purpose of this rule to simplify the process and reduce cost, expense, and burden to the Court and to the parties.
Source page 8E. Child Custody/Access Forensic Evaluator. In any case in which a Neutral Forensic Evaluator has been appointed by the Court to assist in custody or access determinations, the reports of evaluators appointed by the Court are confidential. These may be reviewed only by a party's attorney. The report(s) shall not be copied or disclosed to any person, except as permitted by this order or any other orders of this Court. Any attorney in the action, who wishes to receive a copy of the report, must first obtain permission from the Court and second, sign an affirmation that may be obtained from the Judge's Chambers Staff. A party (client) may review the report with the Court's permission but may not possess a copy of the report. Pro se litigants with the Court's permission may arrange directly with the Judge's Part Clerk to review
Source page 8the report at the Courthouse. No device capable of recording or photographing, is permitted in the room where the pro se litigant is reviewing the report. If any party seeks to retain an expert other than the Neutral Forensic Evaluator appointed by the Court, counsel may apply to the Court for permission to have the proposed expert receive a copy of the report. The expert will be required to sign a confidentiality agreement prior to receipt of the report.
Source page 9G. Compliance Conference. At the conclusion of the Preliminary Conference, the Court shall set a date for a Compliance Conference for the purpose of confirming that all disclosure is complete or will be completed timely. The date for the Compliance Conference shall be set in the Preliminary Conference Order, and, if the date is thereafter adjourned, the adjourned date shall be set forth in an Order. Any disclosure not completed in conformity with the Preliminary Conference Order, may be deemed waived or appropriate sanctions may be imposed against a party who failed to timely provide discovery.
Source page 9F. Motions. All motions (including cross motions) in matrimonial actions MUST be made by Order to Show Cause. Both parties and counsel must appear on the return date of any motion brought, unless otherwise directed.
Source page 9H. Uncontested Matrimonial Actions. The Court will review all uncontested matrimonial materials submitted on an as-received basis. Counsel or self-represented parties will be advised of any deficiencies in the papers submitted by a form notice from the Court which identifies the defective document(s), describes the defect(s) and gives a date by which the defect(s) must be cured. If Plaintiff’s counsel files an action as an uncontested matrimonial, but an Affidavit of Defendant is not included in the submissions, the Court may, at its discretion, dismiss the action without prejudice to refiling as a contested matrimonial.
Source page 9All deficiencies in the papers must be cured by the date in the Court notice or the matter will be dismissed (without prejudice to refiling on proper papers). Counsel or a party seeking to vacate the dismissal shall submit a motion to the Court requesting vacatur.
Source page 9I. Stipulations of Settlement. Where a Stipulation of Settlement or Settlement Agreement is being incorporated into the Judgment of Divorce, all the provisions of the Stipulation or Agreement must not be copied into the proposed Judgment of Divorce or the Findings of Fact and Conclusions of Law. Only those provisions required by the form proposed Judgment of Divorce and/or Findings of Fact and Conclusions of Law should be repeated from the Stipulation or Agreement. See the forms which are provided on the New York State Unified Court System website at www.nycourts.gov/divorce/divorce_withchildrenunder21.shtml.
Source page 10The Court will respect Counsel's and parties' actual scheduled, or anticipated, vacation plans when setting a trial date. Neither Counsel, nor a litigant, shall schedule a vacation which conflicts with a scheduled trial date after the Court has set that trial date. Counsel must advise the Court of any other trials scheduled to begin within 2 weeks of the scheduled start date of the underlying trial.
Source page 10C. Interpreters. In the event a translator or interpreter is required at trial, Counsel shall notify the Part Clerk no later than the Pre-Trial Conference so that timely and appropriate arrangements can be made.
Source page 10E. Jury Selection. Juries will be selected using "White's Rules" (see 22 NYCRR 202.33). Jurors will be designated; alternate jurors will be non-designated unless the parties otherwise
Source page 10H. Objections. Objections to questions at trial are to be limited to the objecting party standing (if physically able) and stating "Objection," and no more than a one- or two-word statement as to the basis for the objection. Speaking Objections are prohibited. If the Court requires further explanation of the Objection, the Court will ask for further explanation or invite Counsel to approach at side bar.
Source page 11I. Use of Living Streaming or Prerecorded Videotape of Witness Testimony. The use live streaming technology or prerecorded video of witness testimony at trial is strictly prohibited. The Court may, in its discretion, entertain an application to use live streaming technology and/or video recording of testimony upon a showing of significant need, medical necessity, or other good cause. However, any application must be made AT LEAST TWO WEEKS PRIOR TO the Pre-trial conference and is subject to the conditions listed in the Pre-Trial Conference Order.
Source page 11(a) If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the stipulation or a letter to the chambers via email. This notification shall be made in addition to the filing of a stipulation with the county clerk or electronically.
Source page 11(b) Counsel, including self-represented litigants, are under a continuing obligation to notify the Court as promptly as possible in the event that an action is settled, discontinued or otherwise disposed of or if a case or motion has become wholly or partially moot, or if a party has died or filed a petition in bankruptcy. Such notification shall be made in writing (see Section 202.28 of the Uniform Civil Rules for the Supreme Court and the County Court).
Source page 12Except in cases where an attorney is replaced by another attorney on consent, any change or withdrawal of counsel must be approved by the Court on a motion, brought by Order to Show Cause pursuant to CPLR 321.
Source page 12The Court does not recognize the purported withdrawal by Counsel where such withdrawal would result in a party becoming pro se by the filing of a "Consent to Change Attorney" Form. The use of a "Consent to Change Attorney" Form to withdraw where a party becomes pro se is specifically prohibited. Any attempt to do so will not be recognized by the Court.
Source page 12Orange County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-27Orange County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Orange 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 2026-07-26Orange 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 ↗