Mary L. Nicolas Brewster at a glance
- Current role
- Supreme Court Justice, Bronx County Civil Term, General IAS Part 11
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2031
Mary L. Nicolas Brewster
Supreme Court Justice, Bronx County Civil Term, General IAS Part 11 · Bronx County Supreme Court, Civil Term
Official judge-specific and circuitwide procedural guidance has been located for this profile.
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Biography
Professional career
- Acting Justice, Designated by Chief Administrative Judge Joseph Zayas, 2025 to Present
- Judge, New York State Court of Claims, Appointed by Governor Kathy Hochul, 2025 to Present
- Mary Lynn Nicolas-Brewster is a New York State Court of Claims judge and Acting Justice of the Bronx County Supreme Court Civil Term, appointed by Governor Kathy Hochul in June 2025
- NYS Unified Court System, Executive Director of the Franklin H. Wiliams Judicial Commission, 2019 to 2025
- NYS Unified Court System, Court Attorney Referee, Ninth Judicial District, 2011 to 2019
- Westchester County Attorney's Office, 1999 to 2011
- Office of the New York State Attorney General, 1998 to 1999
- NYS Unified Court System, Senior Appellate Court Attorney, Appellate Division, Second Department, 1996 to 1998
- United States Court of Appeals for the Second Circuit, Pro Se Staff Attorney, 1993 to 1996
Education
- New York University School of Law — J.D. (1992)
Additional information
- B.A. — SUNY-Binghamton — 1989
- She also taught adjunct courses in Paralegal Studies at SUNY‐Rockland Community College
Mary L. Nicolas Brewster Procedures & Courtroom Rules
Special Media And Technology Requests
Judge Specific
For a Part 11 trial, counsel must raise special requests for media or technology during the pretrial conference and submit them no later than the end of the first day of jury selection, or by the end of the pretrial conference for a bench trial.
Any special requests regarding the use of media or technology must be raised at the pre-trial conferenceJustice Nicolas-Brewster Part 11 Rules ↗
Motion practice
Judge Specific
Part 11 motion papers containing video or audio evidence must provide a working unrestricted URL or deliver the media to chambers on a flash drive, with a duplicate furnished to all parties.
If a motion contains video or audio evidence, a copy must be provided to the CourtJustice Nicolas-Brewster Part 11 Rules ↗
Powerpoint And Innovative Presentations
Courtwide
In a Bronx County Summary Jury Trial, counsel may use innovative jury presentations, including medical records, reports, and PowerPoint.
Counsel are encouraged to use innovative methods of presentation to the jury, including medical records, reports, PowerPoint presentationsBronx County Summary Jury Trial Rules ↗
Exhibits
Courtwide
Evidence or trial notebooks intended for the jury in a Bronx County Summary Jury Trial must be exchanged 30 days before trial or the material may be precluded.
Any evidence or trial notebook intended for the jury must be exchanged thirty (30) days prior to trial or may be precludedBronx County Summary Jury Trial Rules ↗
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
Courtwide
Live or prerecorded video testimony is permitted in a Bronx County Summary Jury Trial.
Video taped testimony, live or pre-recorded, is permittedBronx County Summary Jury Trial Rules ↗
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 ↗
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 ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (110 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Adjournments
3. Notification of Settlement or H. Settlement Conferences & ADR Discontinuances 1. Requests for Settlement Conference
Source page 2Trial exhibits and witnesses
1. Participation: Substantive participation in Court proceedings by women and diverse attorneys, who historically have been underrepresented in the bar, as well as by attorneys who have been practicing for less than five years, is strongly encouraged. The Court would encourage the practice of giving such attorneys the opportunity to appear in Court to acquire experience. All parties shall be familiar with the Uniform Civil Rules for the Supreme Court & the County Court, 22 N.Y.C.R.R. § 202 et seq. (the Uniform Rules). The Uniform Rules are available online at https://ww2.nyCourts.gov/rules/trialCourts/202.shtml.
Source page 3Communications with chambers
2. No Ex-Parte Communications: Generally, there shall be no ex-parte communications with the Court, including from support staff such as paralegals, legal assistants, and administrative assistants, except for ex-parte requests for judicial accommodations pursuant to applicable laws, and as provided elsewhere in the Part Rules.
Source page 3Filing and working copies
3. E-Filing: Part 11 is an e-filing Part and all documents shall be filed via NYSCEF. This rule does not apply to unrepresented litigants, although they are strongly encouraged to make use of e-filing through NYSCEF. If a party is self-represented, they must contact the Bronx County Clerk’s Office in Room 118. The Court generally does not require working copies of documents filed electronically but will advise the parties via email if working copies of documents are required. Attorneys, and unrepresented litigants who choose to use NYSCEF, shall be familiar with NYSCEF procedures. For assistance with NYSCEF e-filing, parties may contact the NYSCEF Resource Center during weekdays, from 8:00 a.m. to 5:30 p.m., at (646) 386-3033 or nyscef@nycourts.gov. Unrepresented litigants may create a NYSCEF account and access instructions for its use at https://iapps.Courts.state.ny.us/nyscef/UnRepresentedHome.
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4. E-Track: Parties are reminded that to e-track their cases, they must file their appropriate appearances via NYSCEF. Parties shall maintain current email addresses in NYSCEF, monitor the address provided, and promptly notify the Resource Center of any change in email address (22 NYCRR § 202.5-b[f][2][i]).
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6. Interpreter Requests: Requests for a language interpreter should be directed to the Part Clerk via email as soon as known, but not less than ten (10) calendar days before an appearance.
Source page 3Filing and working copies
8. Redaction of Personal Confidential Information: Parties shall omit or redact confidential personal information in papers submitted to the Court for filing (see 22 NYCRR § 202.5[e][1]).
Source page 3Filing and working copies
10. All attorneys of record are required to register to their respective matters on NYSCEF.
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1. Letters: Unless otherwise permitted by these rules, communications with the Court shall be made via written letter filed via NYSCEF. Copies of all such letters, and proof of e-filing shall also be emailed to the Judge’s Law Clerk(s) and the Part Clerk, with copies simultaneously delivered to all counsel or unrepresented parties.
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All correspondence must: (1) bear the full title and index number of the action and (2) set forth the request or relief sought from the Court succinctly and without commentary as to any other matters which would not be relevant to the matter contemplated in the letter.
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2. Contact with Chambers: Telephone calls and emails to chambers are only permitted as specifically set forth herein. Any ex-parte communication with chambers, including from paralegals or assistants, is strictly prohibited, and will not be responded to.
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3. Emails: Communications via email shall include all parties and shall specifically confirm that all parties have been included in the body of the email. Parties shall not email chambers or the law clerks. The exceptions to this rule are: (a) responding to an email from chambers or the law clerks; (b) the parties have received prior Court permission; or (c) an email is expressly authorized in these rules.
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If an email to chambers is authorized, all parties must be copied to avoid ex-parte communication. The Judge shall not be included on any emails sent to chambers.
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4. Phone Calls: Phone calls regarding scheduling of an upcoming appearance may only be made two (2) business days prior to the appearance. Requests regarding the status of a decision on a motion will not be responded to. The Court shall take every effort to ensure timely decisions are rendered. Any other phone calls shall only be made in urgent situations. If a call is not answered, leave a voicemail message with your name, telephone number, email address, index number, and a short explanation of the issue, and chambers will return your call as soon as possible, if a response is warranted.
Source page 4Adjournments
1. Adjournments of Conferences: Stipulations for adjournments shall be e-filed on NYSCEF and emailed to the Chambers and the Part Clerk at least forty-eight (48) hours prior to the motion/conference date. No more than two (2) stipulated adjournments for scheduled conferences, for a total of thirty (30) days, shall be submitted without prior permission of the Court. If the parties are unable to agree upon the terms of an adjournment, all counsel must appear on the originally scheduled
Source page 4Adjournments
appearance date. Stipulations for adjournments for scheduled conferences that are less than the total of thirty (30) days are deemed granted unless counsel is otherwise notified by the Court.
Source page 5Adjournments
If the parties seek to adjourn any conference beyond thirty (30) days, a letter shall be e-filed with the Court via NYSCEF, in accordance with rule B(1) above. The letter seeking the adjournment shall be e-filed and emailed at least forty-eight (48) hours prior to the motion/conference date. The letter shall set forth: (1) the conference/motion date; (2) the type of conference/relief requested in the motion sought to be adjourned; (3) the reason for the requested adjournment; (4) whether the request is made on consent of all parties; and (5) suggested adjourned dates.
Source page 5Adjournments
2. Motion Adjournments: Motions may be adjourned by stipulation, subject to Uniform Rules 202.8(e)(2) and 202.8-a(c). Without a Court order, a motion may not “be adjourned on consent more than three times or for a cumulative total of more than 60 days.” The Motion Support Office (Room 217) is not authorized to grant an adjournment that exceeds those permitted on consent under the Uniform Rules. Any request to adjourn a motion in excess of the adjournments permitted on consent under the Uniform Rules must state: (i) whether the request is on consent of all parties; (ii) the reason for the request; and (iii) the length of the adjournment sought. Requests that do not contain the required information will be denied. A motion will not be adjourned simply because all parties consent;
Source page 5Adjournments
adjournment remains within the Court’s discretion. If an adjournment request is opposed, a responsive letter shall be e-filed to NYSCEF within 24 hours, and the failure to do so will result in the waiver of any objection.
Source page 5Adjournments
Parties should not assume that an adjournment request will be granted, especially if the request is made near the relevant deadline or after that deadline has already passed. The Court will promptly advise the parties by e-filed Court Notice whether a requested adjournment has been granted or denied.
Source page 5Adjournments
There shall be no adjournments of motions that have already been submitted, without good cause being shown. Any request for an adjournment of a motion that has already been submitted may require an in-person appearance before the Court, to be scheduled in and at the Court’s discretion. Denial of an adjournment after a deadline has already passed will not alter that deadline.
Source page 5Adjournments
3. Notification of Settlement or Discontinuances: If an action or motion is settled, discontinued, disposed, or withdrawn in any manner, counsel must immediately inform the Court by letter filed via NYSCEF, with a copy of said letter and proof of e-filing emailed to the Judge’s Law Clerk(s), and the Part Clerk. As soon as practicable, the parties shall file via NYSCEF, and email the Part Clerk, a fully executed stipulation of settlement, discontinuance, or withdrawal.
Source page 5Communications with chambers
4. Communications Between the parties: Parties shall not copy the Court, the part, or chambers staff on written communications between themselves, unless explicitly directed by the Court.
Source page 5Adjournments
5. . Scheduling: Inquiries concerning scheduling, appearances, adjournments, and case status shall be directed to the Part Clerk (BxSupCiv-IA11@nycourts.gov). Do not contact the Part Clerk concerning the status of a decision on a motion. Neither the Part Clerk nor the Court will provide such information or estimate when a decision might issue
Source page 5Communications with chambers
1. In-Person Appearances: All Court appearances, with the exception of oral arguments on motions, shall be in person on Thursdays unless as otherwise stated herein or as set forth by the Court in a specific matter. Exceptions may be granted by the Court at its discretion. Parties may request a virtual appearance by e-filing a letter in accordance with rule B(1) above. Parties shall NOT call chambers or the part to request a virtual appearance. Failure to appear at a scheduled appearance will be deemed a default under Uniform Rule 202.27 and may result in the imposition of sanctions, including, where appropriate, the dismissal of the complaint or striking of a pleading. Defaults will not be excused for lack of notice. Failure to appear at the second call of the calendar may result in dismissal or default per 22 NYCRR 202.27.
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2. Virtual Appearances: A virtual appearance is subject to the same requirements as an in-person appearance, with regard to authority, knowledge, professionalism, and decorum of the appearing parties. All parties joining a virtual conference shall mute their microphones and keep their video feed turned off until directed otherwise. Failure to adhere to these rules or disruptive or inappropriate behavior will result in the offending party or parties being removed from the virtual conference and the appropriate actions taken as a result, which may include the rescheduling of the appearance and/or sanctions. Parties shall be VERY familiar with the use of Teams, including the use of the conversation panel, and proficient in the use of the computer and video technology necessary for Teams conferences.
Source page 6Motion practice
Oral Arguments on Motions Conducted Virtually - Until further notice, and unless otherwise specifically notified, oral arguments on motions in Part 11 shall be conducted virtually via Microsoft Teams on a day selected by the Court at 2:15 PM. Failure to appear for scheduled oral argument may result in the motion being denied, marked off, or marked as unopposed, as may be warranted under the circumstances.
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A party who does not oppose a motion, or takes no position on a motion, may, forty-eight hours in advance of the oral argument date, upload a letter to NYSCEF so indicating and need not appear for oral argument.
Source page 6Communications with chambers
In non–e-filed cases, unrepresented litigants and attorneys must provide contact information to chambers and the Part Clerk so that Teams invitations and links, as well as other important communications, can be sent to the parties. Unrepresented litigants may contact the Bronx County Supreme Court Help Center at 718-618-1350.
Source page 6Adjournments
3. Scheduling and Adjournments of Appearances: Parties may request an initial conference or an adjournment of a conference by filing a letter in accordance with rule B(1) above (see also Section C – Adjournments above). Parties may NOT call chambers or the part to schedule or request an adjournment of an appearance.
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4. A request for an adjournment of a hearing or trial is not permitted except as provided for in 22 NYCRR § 125.1 (“Engagement of Counsel”).
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5. Persons Required to Appear: Counsel for all parties, and any unrepresented parties, must be present at all appearances unless prior authorization from the Court has been obtained.
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6. Knowledge & Authority: Appearing counselors, whether counsel of record or “Per Diem Attorneys,” must be familiar with the matter and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. To the extent “Per Diem Attorneys” appear, said attorneys shall have immediate access to the counsel of record via telephone at the request of the Court.
Source page 7Conferences and appearances
1. Consultation Prior to Preliminary, Compliance & Status Conference: Every action shall have one preliminary conference (“P.C.”), one compliance conference (“C.C.”), and as many status conferences as are necessary, and parties shall consult prior to all preliminary, compliance, or status conferences, pursuant to 22 NYCRR 202.11.
Source page 7Discovery
Upon the filing of a preliminary conference request, the Court will schedule a P.C. date on the calendar as a control date. A Preliminary Conference/Case Scheduling Order (“CSO”) will be automatically generated on the control date and uploaded to NYSCEF in lieu of holding the conference. No appearance is required at the P.C control date. All parties appearing in NYSCEF will be deemed served with the CSO upon its filing. Parties shall strictly comply with discovery obligations by the dates set forth in the CSO (22 NYCRR §202.20-e). Extensions of deadlines set forth in the CSO must be requested at a compliance conference and will only be granted upon a showing of good cause. If 120 days have elapsed, issue is joined, and a CSO has not been uploaded, please contact the Part Clerk.
Source page 7Discovery
2. Compliance/Status Conferences: No later than 120 days after the date of the P.C. Order, an in- person Compliance Conference shall be held to monitor the progress of discovery, explore potential settlement, and set a deadline for the filing of the note of issue. Compliance and status conferences are held IN-PERSON as scheduled. Appearances at all Compliance Conferences and Status Conferences are mandatory unless the parties submit, at least 48 hours in advance of the conference dates, a stipulation agreeing on all issues relating to discovery or that discovery is completed.
Source page 7Communications with chambers
If the parties agree on all issues relating to outstanding discovery, the parties shall e-file and e-mail, at least 48 hours in advance of the scheduled Compliance/Status conference date, a fully executed stipulation to BxSupCiv-IA11@nycourts.gov. If acceptable, the stipulation will be approved and sent to the Clerk for uploading without the need to appear for the scheduled conference. The Court will provide the next status conference date. ALL OUTSTANDING DISCOVERY MATTERS NOT
Source page 7Discovery
If the parties cannot agree on outstanding discovery issues despite good faith efforts to resolve the dispute without Court intervention, the parties will be required to appear in person for the Compliance or Status Conference on the scheduled date.
Source page 8Communications with chambers
If all parties agree that discovery is complete, the parties shall e-file and e-mail a stipulation to BxSupCiv-IA11@nycourts.gov at least 48 hours in advance of the scheduled Compliance/Status conference date. The stipulation must certify that all discovery is complete. The Court will then issue an order directing Plaintiff to file the Note of Issue.
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3. Adherence with Discovery Schedules: All parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. Applications for the extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline (22 NYCRR § 202.20-e), via letter in accordance with rule B(1) above.
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4. Missed Discovery Deadline: If a discovery deadline is missed and the parties are unable to arrange for the required disclosure in a timely manner, then an immediate conference with the Court must be requested within one (1) week of the missed deadline. To request an immediate conference, the aggrieved party should file a letter in accordance with rule B(1) above and email said letter to BxSupCiv-IA11@nycourts.gov, copying all parties.
Source page 8Communications with chambers
6. Requests for EBT rulings: Must be made before the assigned ex-parte Judge, not Part 11.
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8. Discovery Disputes: Parties shall attempt to resolve all discovery disputes through informal procedures, as opposed to motion practice, pursuant to 22 NYCRR 202.20-f (a). Section 202.20 provides, in pertinent part: “In the event that a discovery dispute cannot be resolved other than through motion practice, each such discovery motion shall be supported by an affidavit or affirmation from counsel attesting to counsel having conducted an in-person or telephonic conference, setting forth the date and time of such conference, persons participating, and the length of time of the conference.”
Source page 8Conferences and appearances
If a dispute has arisen, and the next scheduled conference is more than 60 days away, parties should request an immediate status conference by e-filing a letter via NYSCEF in accordance with rule B(1) above.
Source page 8Communications with chambers
The letter shall set forth: (1) the parties request for an immediate discovery conference; (2) the specific discovery issue(s) to be addressed at the immediate conference; and (3) the details of their good faith efforts to resolve the dispute prior to seeking Court intervention which must include emails/letters and telephone calls in an effort to resolve the dispute.
Source page 8Communications with chambers
Parties shall NOT call chambers or the part to request an immediate status conference.
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9. Discovery Motions: Discovery motions are highly discouraged and require the Court’s permission to file. The parties may not file a discovery motion prior to following the above steps and conferencing with the Court. Parties must use NYSCEF label REQUEST FOR PRE-MOTION CONFERENCE. If the request for a pre-motion conference is granted, a virtual conference will be scheduled to take place via Microsoft Teams. The Court conducts discovery conferences on an AS
Source page 9Motion practice
Discovery motions shall contain an affirmation of good-faith effort to resolve the dispute, pursuant to 22 NYCRR 202.7 (a) and (c) and 22 NYCRR 202.20-f (b). Discovery motions shall not be combined with requests for any other relief. The Court may schedule an in-person appearance for oral argument on such discovery motions made in compliance with these rules, at its discretion.
Source page 9Motion practice
Discovery motions made prior to the P.C. Order, or that do not strictly comply with the foregoing will result in the denial of the motion without prejudice, pursuant to 22 NYCRR 202.20-f (c). Multiple denials of a motion for failures to adhere to the rules herein may result in costs and/or financial sanctions pursuant to 22 NYCRR 130-1.1.
Source page 9Communications with chambers
The parties shall proceed with all discovery (including D&I, depositions, and IMEs) using every available technology and must make every effort (including multiple telephone calls and emails directly to the parties’ attorneys), to resolve discovery disputes without Court intervention (see 22 NYCRR 202.7[c]; A.O. 06/24/2020).
Source page 9Motion practice
Parties are cautioned that frivolous disclosure motions or issues that could have been easily resolved between the parties themselves shall not be tolerated and may result in costs and/or financial sanctions pursuant to 22 NYCRR 130-1.1.
Source page 9Motion practice
In the event a motion becomes moot or is being withdrawn, movant shall promptly upload a letter or stipulation to NYSCEF informing the Court. Additionally, should counsel resolve some matters amicably but still require a ruling on others, movant shall upload a letter informing the Court of the narrow issues that remain. Parties shall continue to engage in disclosure to the maximum extent possible until a decision is reached on the disputed discovery; discovery may only be stayed as provided for in the CSO.
Source page 9Discovery
If a discovery stipulation has been signed by all parties the plaintiff shall e-file the discovery stipulation in NYSCEF and use the label STIPULATION - DISCOVERY. At the foot of the stipulation, counsel shall print and sign the name of the attorney executing the discovery stipulation.
Source page 9Filing and working copies
10. Note of Issue: A Note of Issue shall NOT be filed, under any circumstances whatsoever, until
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1) a preliminary, compliance or status conference has been held in Part 11 and 2) the parties have been given a Note of Issue deadline date at such conference. Prior to filing a Note of Issue, the parties shall have e-filed a stipulation via NYSCEF indicating that discovery is complete (use the NYSCEF label STIPULATION-TRIAL READINESS). Said stipulation must be signed by all parties. A Note of Issue that is filed prematurely may be vacated sua sponte, or upon letter application from a party setting forth the non-compliance and submitted in accordance with rule B(1) above.
Source page 9Communications with chambers
11. Requests to Extend Note of Issue Deadlines: Requests to extend the Note of Issue deadline should not be made without firm reason and must be communicated to the Court by letter filed via NYSCEF in accordance with rule B(1) above.
Source page 9Filing and working copies
Such letter shall be filed and emailed at least two (2) weeks prior to the Note of Issue deadline.
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Any such request shall be supported by an affirmation setting forth (1) the reasons why discovery could not be completed by the current deadline; and (2) the shortest possible time needed to complete discovery.
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1. Subpoenas: With the exception of subpoenas to governmental agencies, subpoenas generally need not be “so-ordered.” Requests for the Court to “so-order” a subpoena shall be supported by an affirmation explaining the need for the “so-order,” and shall be uploaded to NYSCEF with a Courtesy copy and proof of e-filing emailed to the Part Clerk, and the law clerks. Failure to include an affirmation shall result in a “Decline to Sign.” Any subpoena sent to a non-party must be copied to all parties to the action and must contain, or be accompanied by a notice, stating the reasons the requested disclosure is sought or required. See CPLR 3101(a)(4).
Source page 10Motion practice
2. Subpoenas to Governmental Agencies: CPLR 2307 governs a subpoena seeking books, papers and other things from a library, or a department or bureau of a municipal corporation or of the state, or an officer thereof. CPLR 2307 provides that unless the Court orders otherwise, a motion for such subpoena shall be made on at least one day’s notice to the library, department, bureau or officer having custody of the book, document or other thing and the adverse party. The statute is reinforced by CPLR 3120(4), which notes that the motion requirements in CPLR 2307 are applicable when a subpoena duces tecum is sought to be served on a library or certain governmental departments in pretrial disclosure. Notice must be provided to governmental agencies that a subpoena is being sought.
Source page 10Trial exhibits and witnesses
3. Subpoenas for trial shall be directed to the trial assignment part (TAP).
Source page 10Artificial intelligence
This Court adopts and adheres to the Part 161 Uniform Rule regarding the use of Artificial Intelligence (AI) such that: Every attorney or party who uses an artificial intelligence (AI) tool in preparing any paper submitted to this court is expected to understand that tool's capabilities and limitations. Attorneys and parties need to be aware that AI tools, among other risks and limitations, can generate fabricated information or fictitious citations to authority (commonly known as hallucinations). Under existing authority, by signing a paper and submitting it to this court, an attorney or party certifies that the paper does not contain any false material factual statement or any frivolous legal argument (e.g., 22 NYCRR 130-1.1, 130-1.1a), and an attorney who submits any paper to this court is additionally bound by the Rules of Professional Conduct. Accordingly, any attorney or party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or served on another party in a case before this court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content. If this court determines that this requirement has not been satisfied, such attorney or party may be subject to sanction or other remedial action.
Source page 10Motion practice
1. Appearance on Return Date: Motions brought on notice are returnable Monday through Friday in the Motion Support Office (Room 217). Personal appearances are NOT required on motion return dates unless directed by the Court. While motions may generally be decided on submission (i.e., on the papers), if the Court believes that oral argument on a particular motion may prove useful, the Court will schedule oral argument according to its availability and circulate a Microsoft Teams calendar invite and link to the parties’ registered email addresses. Parties may request oral argument by letter e- filed to NYSCEF in accordance with Rule B(1).
Source page 11Communications with chambers
2. Motion Procedures: Working copies of e-filed motion papers are NOT required. This rule does not apply to video or other similar media filed in connection with a motion. If able, the parties are directed to e-file a document containing an accessible link to the footage, including the full URL of the video or audio file. If unable to do so, these materials shall be mailed to chambers on a flash drive, and a duplicate copy shall be sent to all other parties to the case. The flash drive shall be clearly labeled with the corresponding index number, motion sequence, and exhibit letter/number. In NYSCEF, the party submitting the media exhibit shall file a placeholder exhibit indicating that a copy of the video was sent to chambers, along with an affidavit of service indicating that the flash drive was served on opposing counsel. Failure to properly submit and file the foregoing may result in a delay in deciding the motion.
Source page 11Adjournments
All motion filings shall conform with the applicable requirements of the CPLR and Uniform Rules 202.5, 202.8, 202.8-a, and 202.8-b. The word limits contained in Uniform Rule 202.8-b(a) shall be strictly enforced. Requests to expand the word limit for any particular filing shall be made well in advance of the deadline for that filing. The Court grants expansion requests sparingly, only upon good cause shown, and any expansion granted will very likely be smaller than requested. Expansion requests made on the eve of the filing deadline will not be viewed favorably, and no adjournments will be granted solely on the basis of a denial of an expansion request. The Court will inform a requesting party whether the expansion is granted or denied by e- filing of a Court Notice.
Source page 11Motion practice
Motion filings must include the contact information of the filing attorney or unrepresented litigant, including a current email address.
Source page 11Motion practice
Parties shall individually upload and identify by concise label all motion papers, including each individual exhibits (e.g., “Plaintiff’s Deposition Transcript,” “Certified Police Report,” etc.). Grouping of Exhibits when filing is not permitted. Exhibits filed without proper labeling may result in the motion being denied without prejudice.
Source page 11Motion practice
The filing of any motion shall not stay discovery. A stay of discovery may be requested separately for good cause shown; however, such stays will be granted rarely.
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4. Proposed Orders: Where appropriate, proposed orders should be submitted with motions. If so directed by the Court, a Courtesy copy of all proposed orders shall be emailed in Word format to the law clerks, with a copy to all parties after oral argument. The email shall include the caption, index
Source page 11Motion practice
number, and NYSCEF document numbers and motion sequence number of the Notice of Motion related to the Proposed Order being submitted. If a Court order requires that the County Clerk make an entry to or amend the docket (e.g., the order directs the amendment of the caption), the moving party shall e-file to NYSCEF a completed form EF-23 (CPLR § 8019(c)), available online at https://iappscontent.courts.state.ny.us/NYSCEF/staging/forms.htm.
Source page 12Motion practice
5. Motions for Summary Judgment: Motions and cross-motions for summary judgment shall be served and filed no later than 60 days after the filing of the Note of Issue (see CPLR 3212 [a]). Untimely motions and cross-motions for summary judgment shall not be entertained by the Court unless good cause is shown by the untimely movant/cross-movant. THIS DIRECTIVE SUPERCEDES
Source page 12Motion practice
6. Orders to Show Cause Without TROs: Pursuant to Uniform Rule 202.8-d, motions may be brought by Order to Show Cause (OTSC) only when: (i) there is genuine urgency (e.g., applications for provisional relief); (ii) a stay is required; or (iii) a statute mandates proceeding by OTSC. If the OTSC fails to demonstrate that at least one of these circumstances applies, the OTSC will be denied with leave to renew as a motion on notice. Motions to vacate previous decisions must be brought by Notice of Motion unless true urgency exists.
Source page 12Filing and working copies
In any signed OTSC, the Court will indicate: (i) on whom the movant must serve the signed OTSC, the method of service, and the deadline(s) for completing such service; (ii) the deadline for e-filing proof of service to NYSCEF; (iii) whether reply papers are authorized (see Uniform Rule 202.8-d);
Source page 12Motion practice
and (iv) whether appearances and oral argument will be required on the motion and, if so, when, where, and how such oral argument will take place.
Source page 12Courtroom conduct and technology
To facilitate service, the attorney affirmation in support of the OTSC must include, to the extent known, emails and addresses for all parties that are required to be served with respect to the relief requested in the OTSC. ORDERS TO SHOW CAUSE ARE SCHEDULED FOR A TIME AND DATE CERTAIN.
Source page 12Communications with chambers
7. Orders to Show Cause With TRO Requests. OTSCs containing requests for temporary restraining orders (TRO) will generally not be heard ex-parte. See Uniform Rule 202.7(f), 202.8-e. In the absence of significant prejudice, a movant seeking a TRO must email their motion papers to opposing counsel, call opposing counsel, and UPLOAD A COPY TO NYSCEF at least 24 hours prior to when the movant wishes to be heard on the application.
Source page 12Filing and working copies
The movant must then immediately e-file proof of service of such notice to NYSCEF. The proof of service must contain opposing counsels’ email addresses. Failure to e-file proof of service of such notice may result in delayed consideration of the TRO application or even outright denial.
Source page 12Communications with chambers
Pursuant to Uniform Rule 202.8-e, “[u]nless the moving party can demonstrate significant prejudice by reason of giving notice, or that notice could not be given despite a good faith effort to provide notice, a temporary restraining order should not be issue ex parte.” Thus, if a movant wishes its TRO
Source page 12Communications with chambers
application to be heard ex-parte, the movant must e-file an affidavit justifying the request accordingly. If ex-parte relief is authorized or warranted, the movant must still email the application papers to the Court as soon as practicable.
Source page 13Conferences and appearances
After receiving the OTSC papers, the Court will notify the parties: (1) when letters in opposition to the TRO application must be e-filed and emailed to the Court; and (2) when a virtual conference via Microsoft Teams or, if deemed necessary, an in- person appearance will be held to the address the application. If a virtual appearance is scheduled, the parties may utilize the Part 11 TEAMS link and join at the directed time. Please note that, absent an emergency, if notice of the TRO application is provided on a Friday, the Court may not hear the application until the following week. Further, the ability to file a letter in opposition to the TRO application shall be without prejudice to submitting formal opposition if the OTSC is ultimately signed. ORDERS TO SHOW CAUSE ARE
Source page 13Conferences and appearances
1. Requests for Settlement Conference: Parties may request a settlement conference with the Court at any time after issue is joined by e-filing a letter via NYSCEF, in accordance with rule B(1) above.
Source page 13Conferences and appearances
2. Settlement Conferences: The Court is available to conduct settlement conferences in all actions pending before Part 11 at any stage of the litigation. Before the Court will schedule a settlement conference, however, all parties must first agree to the conference and its usefulness.
Source page 13Communications with chambers
All requests for a settlement conference shall be made by stipulation or letter e- filed to NYSCEF. Requests made by email or telephone will not be considered. This rule does not apply to unrepresented litigants, however, who may request a settlement conference by email to BxSupCiv- IA11@nycourts.gov.
Source page 13Conferences and appearances
If a request for a settlement conference is made by letter rather than by a stipulation signed by all parties, the request shall expressly indicate whether all parties have been consulted and agree that the conference may serve to advance the case toward settlement or other resolution. Requests that omit this information will be denied.
Source page 13Conferences and appearances
4. Knowledge & Authority to Settle: Attorneys fully familiar with the case and authorized to make a binding settlement agreement must appear and engage in good faith settlement negotiations (22 NYCRR § 202.26). The parties shall complete a Pre-Trial/Settlement Information Sheet prior to the case being conferenced with the Court. This form is also available at Bronx Supreme Court Part Rules and Forms.
Source page 13Conferences and appearances
The parties shall bring at least two (2) comparable jury verdicts to any settlement conference to support their settlement demands and offers.
Source page 13Communications with chambers
Parties and claims representatives must be available by telephone at the time of all settlement conferences.
Source page 14Conferences and appearances
All settlement and pre-trial conferences shall be held in person, unless otherwise directed by the Court and at the Court’s sole discretion.
Source page 14Communications with chambers
5. Pursuant to Uniform Rule 202.1(f), attorneys who appear for a settlement conference (or any other conference before Part 11) must be fully familiar with the facts and circumstances of the case and authorized to enter into binding agreements on behalf of their clients. Attorneys must appear with access to NYSCEF. Clients and/or adjusters must be available by telephone during the conference.
Source page 14Motion practice
If the parties are proceeding with non-Court involved ADR, they shall advise the Court of same as soon as practicable, by e-filing a letter in accordance with rule B(1) above. Said letter must include the type of non-Court involved ADR being pursued, the date of the scheduled ADR session(s), and whether any motion(s) (filed and/or submitted) are sought to be held in abeyance until the conclusion of the
Source page 14Filing and working copies
1. Inquest Procedure: Plaintiff shall serve a copy of the decision and order granting a default judgment with notice of entry upon defendant by the methods set forth in the decision and order, and if no such directive is included in the decision and order, then defendant shall be served with a copy of the decision and order with notice of entry by first class mail and registered mail, return receipt requested, ten (10) days prior to plaintiff’s request seeking an inquest date. Proof of said service shall be uploaded to NYSCEF.
Source page 14Filing and working copies
Plaintiff shall file a Note of Issue and upload a letter to NYSCEF at the same time as requesting the scheduling of an inquest.
Source page 14Filing and working copies
Plaintiff shall serve a copy of the Note of Issue and the letter requesting the scheduling of an inquest on defendant by first class mail within ten (10) days of filing the documents in NYSCEF and upload an affidavit of service within ten (10) days of said service. Upon receipt of the letter requesting an inquest and proof of the filing of a Note of Issue, the Court will schedule the inquest and upload directives as to the procedure to be followed at the inquest.
Source page 14Trial exhibits and witnesses
Generally, following an inquest, the Court will require: findings of fact and conclusions of law, relevant and recent jury awards, the transcript, and a one-page summary of the transcript with citations, a proposed order and judgment in word format.
Source page 14Filing and working copies
B. To avoid delay and ensure that all required documentation is submitted, counsel or unrepresented litigants should obtain an Infant Compromise Order checklist from Room 217 before submission of the proposed Order. Proposed Infant Compromise Orders without the required documentation will delay the process and may eventually be rejected.
Source page 15Conferences and appearances
C. The infant’s appearance will not be waived. Plaintiff’s counsel must make all arrangements to have the infant and parent/natural guardian appear in person. The Court does not conduct virtual conferences absent exigent circumstances. In the event that a virtual conference is scheduled via Teams, counsel will receive further instructions from the Part Clerk.
Source page 15Trial exhibits and witnesses
e. Identify all anticipated witnesses and the dates and times of their availability- Parties shall state, if known, whether a missing witness charge will be demanded.
Source page 15Courtroom conduct and technology
h. Make any special requests, such as requests for an interpreter, media, or other technology equipment, etc.
Source page 15Trial exhibits and witnesses
j. The parties shall Premark exhibits. Compliance with 22 NYCRR 202.422 is required.
Source page 15Filing and working copies
k. Parties must upload copies of all prior Court decisions and orders including those issued by an appellate Court to NYSCEF.
Source page 15Motion practice
Any pre-trial issues, including motions in limine, not raised during the pre-trial conference may be deemed waived. To the extent possible, all motions in limine must be made in writing. Parties shall make the Court aware of any pre-trial issues, including motions in limine, upon the first conference after being assigned to Part 11, and said motions/issues may be deemed waived if the parties violate this rule.
Source page 16Trial exhibits and witnesses
Accordingly, all attorneys, parties, and witnesses shall be ready to proceed with trial on the assignment date and to continue day-to- day until verdict. If any party is not ready to immediately proceed with trial, prior to being assigned, that party shall inform the Justice presiding in TAP so that he or she may make the appropriate ruling.
Source page 16Trial exhibits and witnesses
All trials shall begin promptly at 9:30 a.m. and end at 4:30 p.m. Trials will break at 1:00 p.m. and resume at 2:00 p.m. The attorneys shall select a jury as expeditiously as possible. Trials shall be conducted on a continuous daily basis beginning after jury selection is complete.
Source page 16Filing and working copies
3. Summary Jury Trials: Upon being assigned to Part 11 for a summary jury trial (“SJT”), marked pleadings and other papers shall be submitted to the Court pursuant to CPLR 4012 and 22 NYCRR 202.35. SJT’s are governed by The Summary Jury Trial Process: Bronx Rules and Procedure as Amended 9/23/08. SJT Rules are available at: Bronx Supreme - Summary Jury Trial Rules. Where appropriate, Evidentiary Hearings will be held virtually via MS Teams unless the Court orders otherwise. Only the attorneys trying the action may appear at the evidentiary hearing. Prior to the Evidentiary Hearing, trial counsel may be provided with a form Evidentiary Hearing Stipulation/Order by the Court, and the attorneys shall consult with one another in an effort to stipulate to evidence packages, jury charges, and verdict sheets. At least one (1) business day prior to the evidentiary hearing, trial counsel shall submit the following via NYSCEF and email to the law clerks, and copying all sides: requests to charge (as a word document), proposed verdict sheets (as a word document), proposed evidentiary packet, a witness list, any prior Court order that will affect the summary jury trial, and a completed or partially completed Evidentiary Stipulation/Order.
Source page 16Conferences and appearances
4. Procedure for all Bench and Jury Trials: No later than the end of the first day of jury selection, if a jury trial, or the end of the day of the pre-trial conference, if a bench trial, the parties shall exchange and submit to the Court, by both e-filing to NYSCEF and email the following to BxSupCiv-
Source page 16Communications with chambers
i. Proposed verdict sheets. ii. Proposed introductory and closing jury charges from the most current volume. If a party proposes that a PJI instruction be modified, the complete PJI instruction must be submitted to chambers in Word format with the proposed amendment clearly visible in redline. Appropriate caselaw citations must also be provided in support of any proposed amendment to a PJI instruction. PJI instructions are not modified unless good cause is shown.
Source page 17Communications with chambers
iii. Proposed verdict sheets shall be submitted to chambers in Word format. iv. Prior to the charging conference, the parties shall exchange updated proposed jury charges and verdict sheets and meet and confer regarding any objections.
Source page 17Conferences and appearances
The parties shall work together to craft a mutually agreeable verdict sheet and list of proposed charges. At the charging conference, the parties shall be prepared to discuss only those proposed jury charges that are not agreed upon in advance.
Source page 17Adjournments
6. Adjournments: Any application for an initial adjournment of a Jury Trial assigned to Part 11 shall have been first made to the TAP Judge and any renewal of such applications will be referred to TAP. Adjournments of trials shall be granted only upon extraordinary and unanticipated circumstances.
Source page 17Trial exhibits and witnesses
The unavailability of a witness whose testimony was known to be necessary to a party’s case prior to the assignment of the case to Part 11 for trial will not constitute such a circumstance.
Source page 17Shared court rules
22 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court
Bronx County Supreme Court, Civil Term
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
Bronx County Supreme Court, Civil Term
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
Bronx County Supreme Court, Civil Term
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 28, 2026.
Biography sources checked August 2, 2026.
Bronx County Supreme Court Civil Term Part Rules, General IAS Part 11
Identity source · HTML · Source checked July 28, 2026
View Bronx County Supreme Court Civil Term Part Rules, General IAS Part 11 ↗Bronx County Summary Jury Trial Rules
Courtwide source · HTML · Source checked July 28, 2026
View Bronx County Summary Jury Trial Rules ↗Justice Nicolas-Brewster Part 11 Rules
Judge Specific source · PDF · Source checked July 28, 2026
View Justice Nicolas-Brewster Part 11 Rules ↗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 ↗