--- title: "Margaret A. Pui Yee Chan | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/margaret-a-pui-yee-chan-ny-trial-2d687390" page_type: "judge_profile" updated: "2026-08-02" --- # Margaret A. Pui Yee Chan Supreme Court, New York County, Civil Term (Commercial Division) · Judicial Officer ## Profile - Court: Supreme Court, New York County, Civil Term (Commercial Division) - State: New York - Role: Judicial Officer - Service status: active - Last verified: 2026-07-27 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Acting Justice, New York Supreme Court, New York County, NY, 2013-2027 - Justice Supreme Court Elected 2022 - Judicial Service: Elected to New York City Civil Court, New York County (2007) — first Asian immigrant woman elected to that court Appointed Acting Supreme Court Justice (2013) Elected to Appellate Division, 1st Department (2021) - Judge, Civil Court of the City of New York, 2007-2016 - Acting Justice, New York County Supreme Court, Civil Term — designated in 2013 by former Chief Administrative Judge A. Gail Prudenti - Private Practice: Associate and later partner at Gim & Wong, P.C. (1999) Partner at Gim & Chan, P.C. (1999–2001) Partner at Law Offices of Chan, Lee & Cheung, PLLC (2001–2002) Solo practice (2002–2007) - Judge in the New York State Unified Court System, currently serving as an Acting Justice of the New York County Supreme Court, Civil Term and as a judge in the New York Supreme Court Appellate Division, 1st Department - Born in Hong Kong, Justice Chan immigrated to Canada and then to Brooklyn at age 14 ### Education - Touro College — J.D. (1993) - CUNY Brooklyn College — B.A. (1979) ### Additional information - Judge, New York Supreme Court Appellate Division, 1st Department — elected in 2021, term ends July 30, 2030 - Current court assignment: Supreme Court, New York County, Civil Term (Commercial Division) - Her career is marked by trailblazing achievements, including breaking barriers in New York’s judicial system and handling a broad range of cases from mass torts to constitutional litigation ## 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 ## Sources - [Official profile](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=xHKEgxiRwv6pGJ4E4cNMtg%3D%3D) - [Official roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=xHKEgxiRwv6pGJ4E4cNMtg%3D%3D) - [New York State Unified Court System official judicial roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=xHKEgxiRwv6pGJ4E4cNMtg%3D%3D) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14633/margaret-a-pui-yee-chan/) - [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) - [New York State Unified Court System judicial profile or roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=xHKEgxiRwv6pGJ4E4cNMtg%3D%3D) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14633/margaret-a-pui-yee-chan/) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/margaret-a-pui-yee-chan-ny-trial-2d687390", "url": "https://knowjudges.com/kyj/judge/margaret-a-pui-yee-chan-ny-trial-2d687390", "name": "Margaret A. 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All email communications, including administrative matters and transmittals of documents, must copy all counsel. If unable to reach the Park Clerk, Justice Chan’s law clerks will See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers accept telephone calls, but only between 2:30 pm and 4:30 pm. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies D. For letter requests that require a time-sensitive response from the court, the parties shall upload the letter requests onto the court’s E-Filing system, NYSCEF, and concurrently notify the court of the time-sensitive request by email to one of Justice Chan’s Law Clerks, copying all 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments E. All non-Submissions Part adjournments require prior Court approval; ex parte applications for adjournments will not be considered. Applications for adjournments must be made at least 48 hours in advance of a scheduled appearance, except in cases of emergency. As further noted below, adjournment applications shall not be submitted 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments i. If the parties wish to adjourn a motion the first time the motion is on the Calendar in the Submissions Part, for less than 30 days, the parties may do so by stipulation without an order from the Court. The stipulation must be electronically filed and also filed in the Submissions Part on the return date of the 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 2 · Collected 2026-10-27 #### Motion practice The stipulation must clearly indicate the relevant motion sequence number. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments ii. If the parties wish to adjourn a motion other than the first time the motion is on the calendar in the Submissions Part or for more than 30 days from the original return date, then the parties must submit a stipulation of adjournment to the Court for approval. Any such submission must include a signature line for Justice Chan to “So Order.” See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments G. Counsel shall timely notify the Court as soon as practicable, by email to SFC-Part49-Clerk@nycourts.gov, of the settlement or imminent resolution of active cases or pending motions and provide the Court with a stipulation of settlement as soon as practicable. The parties need not reveal the terms of a settlement but must notify the court that a resolution has been reached and that both sides have agreed to discontinue the case. In addition to notifying the court of a settlement or discontinuance, counsel shall withdraw any pending motions and any pending appeals. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances J. When a transcript of a conference, hearing, or trial is required, the parties shall obtain a copy of the transcript and file it on 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 3 · Collected 2026-10-27 #### Communications with chambers A. Part 49 is an e-filing Part. All cases are required to be electronically filed through NYSCEF, and attorneys are expected to familiarize themselves with NSYCEF procedures. For NYSCEF instructions or assistance, contact the E-Filing Resource Center, Room 119M, by telephone at (646) 386-3033 or by email at efile@nycourts.gov. For more information on e- See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 3 · Collected 2026-10-27 #### Filing and working copies B. All e-filed documents must be text-searchable. All electronically submitted memoranda of law must contain bookmarks, pursuant to Commercial Division Rule 6. Submissions of documents containing hyperlinks is required. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 3 · Collected 2026-10-27 #### Communications with chambers C. Hyperlinks: The parties shall serve all documents associated with a motion or order to show cause on the dates required for their submission and service. The parties shall also, on such dates, upload the exhibits to NYSCEF (i.e., so that there is a document to hyperlink to). Memoranda of law and corresponding affidavits that hyperlink to the exhibits previously uploaded may be e-filed 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 3 · Collected 2026-10-27 #### Filing and working copies D. Justice Chan generally does not accept working / courtesy copies of documents unless specifically requested. If the court requests hard copies, See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 3 · Collected 2026-10-27 #### Motion practice A. Preliminary, Compliance, and Status Conferences are held on Wednesdays beginning at 10:30 a.m. via Microsoft Teams. Pre-trial Conferences and oral argument on motions will be held on Tuesdays beginning at 10:30 am or as otherwise directed. Only attorneys who are thoroughly familiar with the case may appear for a conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances B. Preliminary Conferences. If the parties wish to request a preliminary conference, they must do so both by email to the Part Clerk and by concurrently filing a Preliminary Conference Request form on NYSCEF (https://www.nycourts.gov/legacyPDFs/courts/6jd/forms/SRForms/req_preli mconf.pdf). Prior to the Preliminary Conference, the parties must meet and confer, fill out a Preliminary Conference Order available on the Commercial Division website (http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70), and submit a proposed order via NYSCEF for the court’s review. If the parties agree on 3 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances a schedule, submission of the proposed Preliminary Conference Order will be in lieu of a conference. In the event of any dispute regarding the Preliminary Conference Order, the parties shall submit proposed schedules, noting any areas of disagreement, no later than two (2) day prior to the scheduled Preliminary Conference and be prepared to address the topics listed in Commercial Division Rule 8. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 4 · Collected 2026-10-27 #### Discovery C. Compliance and Status Conferences. On the Monday prior to the scheduled compliance or status conference, counsel shall jointly submit a letter to the court describing the status of discovery, any significant disputes to be addressed at the conference, any non-compliance with prior orders, proposed revisions to a discovery schedule, and whether the parties have attempted Alternative Dispute Resolution or other efforts at settlement. If there are no issues to discuss with the court on the date of the conference, the parties shall inform the court and indicate a proposed date for the next conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments E. Adjournments. To adjourn a conference, please contact chambers with all counsel of record copied on the email. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies A. Model Confidentiality Order. Any proposed order regarding the confidential exchange of information shall be based on the model Stipulation and Order for the Production and Exchange of Confidential Information in Appendix F to the Commercial Division Rules (https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/202.7(g)%20- %20Appendix%20F%20-%20Exhibit%201.pdf). If the parties make any changes to this form order, they shall e-file a redline indicating the changes and an affirmation describing good cause for any proposed departures from the Model Form. If no redline is provided at the time of filing, the court will not sign the proposed order. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 4 · Collected 2026-10-27 #### Motion practice B. Sealing. Sealing, including redactions beyond those required by Redaction Rules (e.g., date of birth, Social Security number, and account numbers), is discouraged. Any request for additional redactions or sealing shall be made by Order to Show Cause and must establish “good cause” pursuant to the Uniform Rules for Trial Courts, 22 NYCRR 216.1. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 4 · Collected 2026-10-27 #### Trial exhibits and witnesses iii. Except under extraordinary circumstances, the court will not permit parties to seal or redact any pleading. The court may, however, consider narrowly tailored redactions to exhibits attached to pleadings See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 5 · Collected 2026-10-27 #### Filing and working copies iv. For documents sought to be sealed, counsel shall e-file both the unredacted (with the designation “Request to Seal”) and redacted documents. Additional instructions are available from the E-filing Clerk’s Office and at https://www.nycourts.gov/LegacyPDFS/courts/1jd/supctmanh/ Efil-protocol.pdf. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice A. Limited Use of Orders to Show Cause. 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, a statute mandates to so proceed, or by leave of Court) (Commercial Division Rule 19). Absent advance permission, reply papers shall not be submitted on orders 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 5 · Collected 2026-10-27 #### Adjournments For the avoidance of doubt, applications for adjournments or extensions of time are not matters of genuine urgency and shall instead be submitted to the court in the form of a letter request. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice B. Pre-Motion Letters. In accordance Commercial Division Rule 24, a party seeking to make a motion must first request a pre-motion conference with the court by letter request. For discovery motions, see Section VI below. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice C. Memoranda of Law. All motion papers (in support, opposition, and reply), whether by notice of motion or order to show case, must include a Memorandum of Law, subject to the word limits set forth in Commercial Division Rule 17. Therefore, Affidavits or Affirmations of counsel should not contain legal arguments. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice E. Motions for Summary Judgment. Commercial Division Rule 19-a statements are required. The responsive statement submitted by the non- moving party should include the text of the moving party’s statement to which each paragraph-specific response is addressed. The Rule 19-a statement is not a substitute for including a Statement of Facts (with citations to the record) in the Memorandum of Law. Where practicable, the parties shall submit a joint/stipulated statement of undisputed facts prior to the motion 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice F. Pleadings. Pleadings that are required in support of a motion (the complaint, answer, answer with counterclaims) shall be uploaded in that 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice G. Motion Sequence Number. All papers must have the Motion Sequence Number in bold on the front page of all papers related to any 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice H. Oral Argument. Oral arguments do not occur on the return date for motions on notice. Requests for oral argument may be included in the Notice of Motion or in the Opposition papers. If oral arguments are necessary, the court will contact counsel (based on NYSCEF appearances) to schedule motion appearances. If the Court concludes that oral argument is not necessary, a written decision will be issued on the submitted papers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice I. Exhibits. Exhibits to motions shall be uploaded to NYSCEF individually, with each Exhibit clearly labeled with its respective identifying information. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice K. Transcripts. Following all hearings on motions, when required, the parties must obtain a copy of the transcript and upload it onto NYSCEF. A motion is not considered fully submitted until the transcript is uploaded on See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice M. Pro Hac Vice Applications. Pro hac vice motions must include a proposed See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice order and an affidavit in support from a member of the Bar of the State of New York and an affidavit of the applicant (attaching a recent certificate of good standing from the applicant). The affidavit of the applicant must advise the Court as to whether the applicant has ever been or is presently subject to a disciplinary proceeding. If there is no opposition to the motion, the movant should include a stipulation indicating as much. A model Part 49 Pro Hac Vice Proposed Order Form is available at https://www.nycourts.gov/courts/comdiv/ny/newyork.shtml in the section dedicated to Justice Chan’s Part 49 materials. Pro hac vice motions shall not be submitted 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 7 · Collected 2026-10-27 #### Discovery B. Discovery disputes shall not be raised in the first instance at a preliminary, compliance, or status conference. If a discovery dispute is raised for the first time during a conference, the court shall direct the parties to first meet and confer and otherwise follow the procedures set forth below. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice C. Discovery motions are discouraged. If a dispute cannot be resolved after good faith efforts to meet and confer, the parties should proceed in accordance with Commercial Division Rules 14 and 14-a. Counsel seeking or objecting to discovery shall submit via NYSCEF a letter not exceeding 3 pages, single spaced, and fill out the Part 49 discovery form available on the Commercial Division website (http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70). Counsel shall submit a courtesy copy of both the letter and the completed discovery form to the Court at SFC-Part49-Clerk@nycourts.gov, copying Justice Chan’s Law Clerks. After the form is e-filed, and counsel have made a good faith effort to resolve the dispute, counsel for the affected opposing party or non-party shall file on NYSCEF a responsive letter not exceeding 3 pages, single spaced, and submit a courtesy copy to SFC-Part49- Clerk@nycourts.gov, copying Justice Chan’s Law Clerks. The parties shall coordinate to make a single Rule 14 submission to the Court containing both the initial Part 49 discovery form and any responsive letter. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 7 · Collected 2026-10-27 #### Discovery E. Third-Party Disclosure. Although no court order is required before seeking document disclosure from a nonparty, counsel are encouraged to confine their requests to the parties and to resort to third-party disclosure only 7 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 7 · Collected 2026-10-27 #### Discovery F. Discovery Responses and Certifications. Counsel must serve privilege logs and Commercia Division Rule 11-b Certifications with all document productions, and compliance with Commercial Division Rule 11-e is mandatory. The parties must verify their satisfaction of Rule 11-e(d) by providing a Certification of the Responsible Attorney at least 30 days prior to the close of fact discovery. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 8 · Collected 2026-10-27 #### Discovery G. Documents Not Produced. Absent compelling circumstances, documents not produced during discovery will not be admitted as evidence at 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 8 · Collected 2026-10-27 #### Motion practice H. Motions to Stay Discovery. In accordance with Rule 11(g), if a party intends to seek a stay of discovery, pursuant to CPLR 3214(b), pending the determination of any dispositive motion, it shall make an appropriate application to the court. Such an application shall be in the form of a letter request rather than by Notice of Motion or Order to Show Cause. Any responsive letter shall be filed no later than five (5) days following the submission of the request to stay discovery. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 8 · Collected 2026-10-27 #### Discovery A. The parties are encouraged to identify as early as possible any case where ADR would be appropriate. In addition, and if at any point, the parties decide that they would benefit from the Commercial Division ADR program, they should write a joint letter to the Court asking to be referred to ADR. In that letter, they should state whether they prefer discovery to be stayed or continued during the mediation process. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 8 · Collected 2026-10-27 #### Conferences and appearances C. After the filing of the Note of Issue, the parties will be directed to participate in a mandatory settlement conference pursuant to Rule 30 of Rules of Practice for the Commercial Division, 22 NYCRR 202.70(g). The parties must select one of the following four ADR tracks: (1) settlement conference before the court; (2) settlement conference by referral a Judicial Hearing Officer/Special Referee; (3) settlement before another commercial Division judge or (4) private mediation. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 8 · Collected 2026-10-27 #### Motion practice i. Following the filing of the note of issue and after adjudication of dispositive motions, an initial pre-trial conference shall be scheduled with the court to discuss a schedule for the filing of all trial documents, any motions inlimine, a joint exhibit list indicating which exhibits are to be admitted on stipulation and which exhibits are subject to objection (and the basis for the objection), all other pre-trial submissions (including any verdict sheets and jury instructions), a final pre-trial conference date, and a tentative trial date. During the initial pre-trial conference, the parties shall indicate whether they will require the Court to preside over voirdire(in the case of a jury 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 9 · Collected 2026-10-27 #### Discovery ii. Trial submissions include marked pleadings, all prior decisions in the case, any notices to admit, with responses, copies of transcripts of depositions intended for use at trial, all trial exhibits, potential verdict sheets (in the case of a jury trial), direct testimony affidavit (in the case of a bench trial), potential jury instructions (in the case of a jury trial), which shall be based on the most current version of the PJI, potential voirdire statements (in the case of a jury trial), and questions the parties submit to the court for consideration (in the case of a bench trial). For a full list of submissions, see Commercial Division Rules 26, 27, 28, 29, 31(a), 31(b), and 32. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses iv. When selecting a trial date, the parties shall provide a detailed schedule with the court, including the anticipated length of the trial and, where practicable, the dates on which witnesses will be testifying. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses exhibits (even those to be admitted without objection) shall be admitted until used by the parties at 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses vi. All request to set up electronic media and audio visual equipment in the Courtroom shall be directed to the Part Clerk in advance of 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 10 · Collected 2026-10-27 #### Filing and working copies 2. Counsel shall submit a brief voirdirestatement to the Court as part of its pre-trial submissions for the Court’s consideration. The voirdirestatement should include a brief summary of what the claims/counter-claims are in the case, what the defenses are, what the damages sought are, who the witnesses are, who the lawyers are, and any other relevant information such that the Court gives sufficient information to potential jurors so that the Court can determine whether a potential juror is inappropriate to sit on the jury of the case at 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/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances 3. The parties shall agree to a total number of peremptory challenges prior to the pretrial conference. If the parties cannot agree, the court shall decide the appropriate number of peremptory challenges. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses 4. During jury selection, if both sides have exercised a peremptory challenge against the same potential juror, that potential juror shall not serve on the jury and neither side will be charged with the exercise of a peremptory challenge. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses ii. Following empanelment of the jury, counsel should assume that the trial will begin immediately. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 10 · Collected 2026-10-27 #### Filing and working copies caption, table of contents, table of authorities, and signature blocks). Opposition papers shall be filed two weeks thereafter of up to 4,200 words (subject to the same exclusions). No reply briefing is permitted. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances ii. If the Court is to hear the testimony live and not by direct testimony affidavit, the parties shall notify the court at the pretrial conference to ensure that the timed trial schedule accounts for live testimony. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses iii. Affidavits shall be reasonable in length and scope and, in any event, shall not exceed fifteen (15) pages including all exhibits to any such affidavits absent prior leave of the court. Upon being called at trial, a witness shall swear to the contents of his/her affidavit, the court shall hear opposing counsel’s objections (if any) to the direct testimony followed by cross examination and re-direct, if any, of the witness. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses v. Post-Trial Briefs. Two weeks after the conclusion of a non-jury trial, the parties are to submit post-trial briefs of up to 7,000 words (excluding caption, table of contents, table of authorities, and signature blocks). One week thereafter, the parties may file reply briefs of up to 4,200 words (subject to the same exclusions). The initial post-trial briefs should be organized as See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice D. Transcripts. For multi-day trials, the court requires that the parties order a daily copy of the transcript for the duration of the trial. Counsel shall e- file the transcripts after trial for any post-trial motions. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 11 · Collected 2026-10-27 #### Trial exhibits and witnesses i. On or before the first day of trial, counsel shall provide the court with a flash drive containing copies of their proposed exhibits, as well as any binders of documents that will be shown to witnesses. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 12 · Collected 2026-10-27 #### Filing and working copies ii. After trial, counsel shall e-file a list of the exhibits that were admitted into evidence. Counsel shall provide the court with a flash drive containing copies of the admitted exhibits, identified by exhibit number. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.pdf) · Source page 12 · Collected 2026-10-27 #### Trial exhibits and witnesses iv. Exhibits must be pre-marked in accordance with Commercial Division Rule 28. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Practices-Part-49.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. - [New York County Supreme Court, Civil Branch — Rules of the Justices](https://knowjudges.com/courtroom-rules/ny-shared-set-d3c269bb7fe692b08197) — Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions. [Official source](https://www.nycourts.gov/LegacyPDFS/courts/1jd/supctmanh/Uniform_Rules.pdf). Collected 2026-10-27. - [Practice Rules of the Appellate Division — 22 NYCRR Part 1250](https://knowjudges.com/courtroom-rules/ny-shared-set-f25158f78380e6ddc10f) — Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules. [Official source](https://www.nycourts.gov/courts/AD1/Practice&Procedures/rules.shtml). 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.