Kyle C. McGovern at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2036
Kyle C. McGovern
Supreme Court Justice · Orange County Supreme Court
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Biography
Professional career
- Partner at Lyons McGovern LLP in White Plains, NY, since 1992
- Justice of the Orange County Supreme Court in New York’s 9th Judicial District, elected on November 5, 2024
Education
Additional information
- He serves in Courtroom 4 at the Orange County Courthouse, 285 Main Street, Goshen, NY
Applicable Court Rules & Procedures
Recording and broadcasting
Statewide
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 ↗
Exhibits
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.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
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.
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 ↗
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.
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 ↗
Remote appearances
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.
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 ↗
Statewide
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 ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (39 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
Unless otherwise specifically requested, all submissions to the Court, including, but not limited to correspondence, proposed Orders and Judgments and documents pertaining thereto must be submitted through NYSCEF.
Source page 1Filing and working copies
Counsel and self-represented litigants shall familiarize themselves with both the statewide E-Filing Rules (22 NYCRR §§ 202.5-b and 202.5bb) and the Orange County E-Filing Protocol. General questions about e-filing should be addressed to the E-Filing Resource Center. Specific questions about local procedures should be addressed to the Chief Clerk’s Office. This part does not require working copies.
Source page 1Communications with chambers
All correspondence to the Court shall be via NYSCEF and copied to all parties and set forth the name and Index number of the case to which it pertains. Correspondence between attorneys and/or pro se litigants shall not be copied to the Court absent some specific purpose for the Court to be made aware of the same.
Source page 1Communications with chambers
Except as set forth below (see Section III.F. Discovery Disputes), telephone calls to Chambers are permitted only in situations requiring immediate attention that cannot otherwise be obtained by correspondence, or by contacting the Part Clerk. Any scheduling inquiries shall be directed to the Part Clerk.
Source page 1Communications with chambers
The Court’s calendar will be called at 9:30 a.m. daily, unless otherwise specified by the Court. Counsel and self-represented parties are expected to appear promptly at the assigned time for all Court appearances. If counsel or a party is unable to appear on time due to unforeseen circumstances (delays due to inclement weather or road closures, for example), please contact opposing counsel and advise the Part Clerk or Chambers by telephone as soon as possible.
Source page 2Communications with chambers
Counsel who are scheduled to appear before this Court and another court must communicate that fact to the Part Clerk prior to the date of appearance so that counsel’s conflicting appearances can be reconciled. Do not ask opposing counsel to advise the Court of conflicting appearances when the case is called. The Court may proceed in that counsel’s absence.
Source page 2Conferences and appearances
Appearances are required by counsel (or self-represented parties) who are fully familiar with a case and authorized to enter into binding agreements on all aspects of the case. 1 In matrimonial actions, litigants must appear with their counsel for all conferences unless the Court excuses such appearance.
Source page 2Adjournments
Applications for adjournments must be made in writing and submitted to the Court via NYSCEF. All applications for adjournment must be submitted at least forty-eight (48) hours in advance of the scheduled matter. Each application for an adjournment must state: (1) the reason for the adjournment; (2) whether the other parties consent or object to the application; (3) the length of the adjournment being sought, or if on consent, the date all parties are available; and (4) the number of prior requests and corresponding dates. All adjournment requests must be made on notice to all counsel and self-represented parties. A request for an adjournment, even if on consent of all parties, is NOT effective unless and until approved by the Court.
Source page 2Conferences and appearances
The Court will schedule a Preliminary Conference within 45 days after a Request for Judicial Intervention (RJI) has been filed on a matter. The Part Clerk will forward to the party filing the RJI a letter or email setting forth the date on which the Preliminary Conference will be conducted. The party who files the RJI shall advise all other parties of the Preliminary Conference
Source page 2Conferences and appearances
1 This means that counsel for the plaintiff(s) must be prepared to make a settlement demand and counsel for the defendant(s) must be prepared to respond to the demand. And, where a party is being indemnified by an insurer, appearing counsel must be able to advise the Court of the applicable policy limits afforded to the defendant as well as the name, claim number, and phone number of the adjuster assigned to the matter.
Source page 2Conferences and appearances
date in writing. At least 5 days prior to the Preliminary Conference the parties shall complete a “proposed” Preliminary Conference Stipulation (form) provided by the Part Clerk and file the same via ECF. This form must be filled out to the best of the attorneys’ ability, including the Presumptive ADR section on page 7.
Source page 3Discovery
At the Preliminary Conference, the Court will set final dates for completion of various items of discovery, the date by which all disclosure must be completed and a date for a Compliance Conference. All counsel and self-represented litigants are expected to abide by and comply with the Court’s discovery schedule and deadlines. No modifications of the dates set by the Court are permitted except by Order of the Court.
Source page 3Conferences and appearances
Counsel shall refer to 22 NYCRR § 202.12(c) concerning the conduct of the Preliminary Conference and the matters to be considered. Counsel in medical, dental, and podiatric malpractice actions shall refer to 22 NYCRR § 202.56(b) for other specific requirements in such cases. Counsel in matrimonial actions shall refer to 22 NYCRR § 202.16 and DRL § 236(B)(4) for other specific requirements in such cases.
Source page 3Discovery
The Court will periodically schedule Compliance Conferences as deemed necessary by the Court to monitor the timely progress of discovery and compliance with the Preliminary Conference Order. A Settlement Conference may also be conducted at the same time if the Court deems the same appropriate to facilitate settlement discussions during any stage of the litigation. If the matter is ready for trial, the Court will direct that a Note of Issue be filed. Counsel shall not file a Note of Issue until directed by the Court.
Source page 3Discovery
Parties who have a discovery dispute MUST NOT wait until the next Compliance Conference to bring such dispute or complaint about non-disclosure to the Court’s attention. Such parties shall comply with the procedures set forth below in Section D -- Discovery Disputes.
Source page 3Communications with chambers
Counsel (or self-represented litigant) who believes that discovery is not being conducted in accordance with the Court’s Order is to discuss, in good faith, as required by Court Rule § 202.7, the claimed noncompliance with opposing counsel or self-represented litigant. A pro forma letter does not constitute a good faith effort. There must be actual substantive communication between counsel, either telephonically or in writing, regarding the claimed failure to engage in discovery and the claimed noncompliance or reason for noncompliance.
Source page 3Motion practice
Parties are not to make any motion concerning discovery without having first attempted to resolve the issue. If counsel cannot resolve the discovery issue between themselves after a good faith effort, then counsel who believes that discovery is not being conducted in accordance with the Court’s Order is to contact the Court, by letter, stating both the nature of the dispute and the efforts made to resolve it. The Court will resolve the discovery-related issue either by letter directive or by scheduling a conference. Counsel shall not file any discovery motion(s) unless specifically authorized by the Court.
Source page 3Conferences and appearances
Counsel attending the Settlement Conference must be fully familiar with the action and 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. Counsel must be authorized to enter binding settlements on terms agreeable to the parties and to the Court. The Court will explore limitations of issues for trial (e.g., whether liability may be conceded, or certain claims or defenses withdrawn in an appropriate case).
Source page 4Communications with chambers
In all cases where a party is being indemnified by an insurer, appearing counsel must be able to advise the Court of the applicable policy limits afforded to the defendant as well as the name, claim number and phone number of the adjuster assigned to the matter. In a proper case, the Court may contact the claims adjuster by telephone or direct that the claims adjuster shall appear for a conference.
Source page 4Conferences and appearances
Counsel are advised that, to foster open settlement discussions, the Court may meet with counsel separately during the discussions. Counsel are presumed to have consented to the Court doing so unless an objection is stated.
Source page 4Motion practice
Parties may move by Notice of Motion or Order to Show Cause, depending on the exigency of the relief sought.2 All motions and cross-motions in matrimonial actions and applications by counsel seeking to be relieved must be made by Order to Show Cause and include a Proposed Order.
Source page 4Motion practice
Except in e-filed cases, proposed Orders to Show Cause submitted for consideration must include an email address to permit a conformed copy of the signed orders to be sent to the movant. Written applications by Notice of Motion (or Notice of Petition) must be made returnable on any day the Court is in session.
Source page 4Filing and working copies
Absent express advance permission from the Court, no brief, memoranda of law, or affirmation/affidavit may exceed fifteen (15) pages. Documents citing caselaw must include an index of authorities. Papers exceeding the page limitation or otherwise not conforming may be rejected or disregarded. Sur-reply papers are not permitted except by express permission.
Source page 4Motion practice
All motions will be taken on submission unless oral argument is directed by the Court or specifically requested by a party. Parties seeking oral argument may indicate the request by writing
Source page 4Motion practice
Except by the Court’s permission, all motion papers and proposed Orders to Show Cause must be typed on letter-sized paper using 12-point font and double-spaced and must bear the full caption of the case and index number. Plaintiffs shall designate exhibits by number, and defendants shall designate exhibits by letter. Exhibit numbering or lettering may not begin anew for subsequent papers submitted by the same party. Each exhibit must be separately labeled with external tab markings. For all e-filed motions, all exhibits must be separately e-filed, and may not be submitted as one collective exhibit. Transcripts of depositions or other hearing testimony included as exhibits must be single, front-faced pages only. Exhibits failing to comply may not be considered and may be rejected.
Source page 5Motion practice
Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue unless otherwise directed by the Court. When a summary judgment motion is made prior to completion of discovery, such motion does not stay discovery. The parties are to continue to abide by any Order or Notice pertaining to discovery unless otherwise directed by the Court.
Source page 5Motion practice
Unsigned deposition transcripts will not be considered on motions for summary judgment unless it is demonstrated that the transcript was forwarded to the deponent for the deponent’s review and signature in compliance with CPLR § 3116(a). (See Marmer v IF USA Express Inc., 73 A.D.3d 868 [2d Dept. 2010]).
Source page 5Motion practice
Absent circumstances in which significant prejudice (said prejudice set forth in detail in a supporting affidavit/affirmation) will result, opposing counsel are to be advised at least twenty- four (24) hours in advance of the date and time that any proposed Order to Show Cause which includes a request for a temporary restraining order is being presented to the Court. The Court has the discretion to dispense with the twenty-four (24) hour notice requirement.
Source page 5Conferences and appearances
Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice may be returned unsigned and/or otherwise rejected by the Court unless an affidavit of service and notice of settlement for a date designated in accordance with 22 NYCRR § 202.48 is annexed thereto.
Source page 5Conferences and appearances
At least five (5) business days before the Pre-Trial Conference, counsel and any self- represented parties must provide the Court and opposing counsel or self-represented party with a
Source page 6Trial exhibits and witnesses
i. Copies of all exhibits intended to be offered must be presented to the Court in a ringed notebook with a table of contents, with the plaintiff’s exhibits numbered and the defendant’s exhibits lettered in the order in which they are generally intended to be used with external tabs separating each exhibit.
Source page 6Conferences and appearances
ii. Counsel are to exchange their trial notebooks with proposed exhibits at least seven (7) business days prior to the Pre-Trial/Settlement Conference. Counsel must either stipulate to the admission of the exhibits to be offered by the adverse parties or state the ground of any objection to admission of any such exhibit.
Source page 6Trial exhibits and witnesses
iii. Counsel must be prepared to argue to the Court the admissibility of any exhibits to which objection is taken. Counsel must stipulate to the admission of exhibits to be offered by the adverse parties to the extent possible;
Source page 6Conferences and appearances
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 6Conferences and appearances
To allow the Court to rule on the admissibility of a recording at trial or hearing, any party intending to use a recording is to submit a copy of the recording and transcript of the proceedings, if applicable, to the Court prior to the pre-trial conference date (when possible) or, if same is not possible, then by no later than three (3) weeks prior to the scheduled trial or hearing date. Any proposed objections to the recording must be submitted as may be directed by the Court at the pre- trial conference or, if no such directive is provided, then by no later than two (2) weeks prior to the scheduled trial or hearing date.
Source page 7Trial exhibits and witnesses
In all jury trials, a complete list of requests to charge shall be submitted to the Court immediately preceding 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 number of the same need be submitted. If deviations from, or additions to, the PJI are requested, the full text of such requests must be submitted in writing, together with any supporting legal precedent. The proposed revised PJI charge shall be submitted to lacton@nycourts.gov in WORD format.
Source page 7Trial exhibits and witnesses
The parties shall jointly prepare and submit a verdict sheet to the Court. If agreement cannot be reached as to the same, each party shall prepare and submit a proposed verdict sheet to the Court and other parties. A proposed verdict sheet must be in a final typewritten form sufficient to submit to the jury. The proposed verdict sheet shall also be submitted to lacton@nycourts.gov in WORD format.
Source page 8Motion practice
Any post-trial motions brought by a party after jury trial pursuant to CPLR §§4403 or 4404 must be supported by a copy of the trial transcript.
Source page 8Adjournments
Upon settlement or discontinuance of an action, the parties shall immediately notify the Court and thereafter shall file electronically (or deliver a hard copy to the County Clerk) a fully executed stipulation of discontinuance.
Source page 8Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Orange County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-2722 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court
Orange County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Orange 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 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Orange 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 2026-07-26Sources
Identity source checked July 26, 2026.
Biography sources checked July 26, 2026.
New York State Unified Court System Judicial Directory official judicial roster
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Guide to New York Evidence: Article 1, General Provisions and Court's Role
Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Part 202: Uniform Civil Rules for the Supreme Court and the County Court
Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits
Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction
Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗