---
title: "Nelida Malave Gonzalez | KnowJudges"
canonical: "https://knowjudges.com/kyj/judge/nelida-malave-gonzalez"
page_type: "judge_profile"
updated: "2026-08-02"
---

# Nelida Malave Gonzalez

Bronx County Surrogate's Court · Surrogate

## Profile

- Court: Bronx County Surrogate's Court
- State: New York
- Role: Surrogate
- Service status: active
- Last verified: 2026-07-26

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- Currently listed as a Democratic Party candidate for Surrogate Court Judge, Bronx County in the November 3, 2026 general election
- Acting Justice, Bronx Family Court, New York, NY, 2006-present
- Acting Justice, New York Supreme Court, Bronx County, New York, NY, 2011-2012
- Acting Justice, Bronx County Supreme Court — 2009–2012
- Judge, Civil Court of the City of New York, New York, NY, 2005-2012
- Acting Justice, New York Supreme Court, Bronx County, NY, 2009-2010
- Acting Justice, Civil Court of the City of New York, 2009-2010
- Judge, Civil Court of the City of New York (Bronx County) — elected 2005
- Administrative Law Judge, NYC Environmental Control Board, NY, 1995-2000
- Before joining the judiciary, she worked in private legal practice for 12 years and held the role of an Administrative Law Judge for the NYC Environmental Control Board (1995–2000)

### Education

- CUNY Queens College — J.D. (1991)
- Paralegal — CUNY Bernard M Baruch College — 1987
- Fordham University — B.A. (1985)

### Additional information

- Surrogate, Bronx County Surrogate's Court, New York, NY, 2013-2026
- Practitioner, Law Office, New York, NY, 1992-2004

## 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=1wyS_PLUS_xXR_PLUS_W2xWj2gheXZ0Q%3D%3D)
- [Official roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=1wyS_PLUS_xXR_PLUS_W2xWj2gheXZ0Q%3D%3D)
- [New York State Unified Court System Judicial Directory official judicial roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=1wyS_PLUS_xXR_PLUS_W2xWj2gheXZ0Q%3D%3D)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14890/nelida-malave-gonzalez/)
- [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)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14890/nelida-malave-gonzalez/)

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## Published courtroom rules

### Judge and named-part rules

#### Trial exhibits and witnesses

Part 207 of the Uniform Rules. Parties are directed to familiarize themselves with the Uniform Rules for Surrogate’s Court, found in Part 207 of the Uniform Rules for the New York State Trial Courts. The Part 207 Rules shall apply to the Bronx County Surrogate’s Court unless explicitly directed otherwise in these Part Rules.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

• All parties must familiarize themselves with the Court’s E-filing protocols on its website at wxvw.nvcoiirts.gov/BronxSurrogatesCourt and with the statewide E-filing Uniform Rules for Surrogate’s Court (22 NYCRR) §207.4- a and §207.4-aa, available at https://iappscontent.courts.state.ny.us/NYSCEF/live/legislation.htm

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

• General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

B. Original Documents. An original certified birth certificate, certified death certificate and the decedent’s Will must be delivered to the Court within two (2) business days after such documents have been electronically filed. Applications requiring such documents shall not be processed until the originals are received. If the requisite originals are not received within thirty (30) days of an application’s filing, the application shall be deemed discontinued. NOTE: A decedent’s original Will must be scanned by the e-filer. That original Will, however, must NOT BE UNSTAPLED.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 1 · Collected 2026-10-27

#### Motion practice

C. Working Copies. Parties shall submit a working copy within two (2) business days following electronically filed documents: all notices of motion and their supporting documents; pleadings in wrongful death proceedings and accounting/miscellancous proceedings; and accountings. All working copies submitted to the Court must include a copy of the NYSCEF Confirmation Notice firmly fastened as the front cover page of the submission and comply with other requirements set forth in the Bronx County E-Filing Protocols. Working copies without the Confirmation Notice will not be accepted.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

No action shall be taken on a proceeding unless working copies are received by the Court.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

E. Hard Copy Submissions. The Court will reject any hard copy submissions in e-filed cases unless those submissions include A NOTICE OF HARD COPY SUBMISSION - E-FILED CASE form

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

An affidavit or affirmation of service must be filed at least (2) business before the Citation return date (Uniform Rules for Surrogate’s Court §207.7(c)). The affidavit or affirmation must clearly state the name and address of the person served, the date said person was served, what documents were served, and the certified mail tracking numbers.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 2 · Collected 2026-10-27

#### Conferences and appearances

Proofs of service filed late may not be reviewed prior to the return date, and late filing may necessitate an additional appearance at a future court date and a delay in the processing of petitions.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 2 · Collected 2026-10-27

#### Communications with chambers

B. Correspondence. Correspondence to the Court and the Chief Clerk (hereafter, the “Clerk”) shall be copied to all parties that have appeared and must include the Surrogate Court’s File Number. Correspondence between the parties shall not be copied to the Court unless otherwise directed, or where there is some specific judicial purpose to be served by transmitting copies to the Court. Correspondence should not be submitted, and will not be considered, in determining motions, etc. The Court will only act upon appropriate application or proceeding and does not permit litigation by correspondence.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 2 · Collected 2026-10-27

#### Adjournments

C. Telephone Calls. Telephone calls to Court staff should be limited to situations requiring immediate attention that cannot otherwise be attained by correspondence. Requests for adjournments will not be entertained by telephone.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 2 · Collected 2026-10-27

#### Communications with chambers

D. Ex Parte Communications. Ex parte communications are prohibited except when an Order to Show Cause is submitted for signature, or with the prior consent of all parties during settlement negotiations.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 2 · Collected 2026-10-27

#### Adjournments

B. Adjournments. As a matter of general practice, requests for adjournments of calendar appearances are discouraged. All adjournment requests must be in writing and either on consent of all parties, or on prior notice to such parties. A request for an adjournment, even if on consent of all parties, is NOT effective unless and until approved by the Court in writing. Applications for adjournments must be made in writing and received by the Court (by e-filing, letter or email) not less than forty-eight (48) hours in advance of the appearance and shall state: (1) good cause why the adjournment is being sought, and (2) whether the other parties consent or object to the application. The party seeking the adjournment may also suggest an approximate time period for the adjournment, and/or a date certain to which the conference, etc. should be adjourned. All communications with the Court must be contemporaneously copied to all other parties and pro se litigants in accordance with the correspondence rules above. All requests for adjournments of a trial, fact finding or hearing submitted after the scheduling of the same, shall be subjected to the strictest scrutiny.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 3 · Collected 2026-10-27

#### Conferences and appearances

C. Appearances by Counsel with Knowledge and Authority. All counsel who appear before the Court must be familiar with the case and be fully authorized to enter into agreements as to both substantive and procedural matters on behalf of their clients. Attorneys appearing of counsel to the attorneys of record and self-represented parties shall be held to the same requirements. Failure to comply with this rule may be regarded as a default and dealt with appropriately. All counsel and self-represented parties must be on time for all scheduled appearances.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 3 · Collected 2026-10-27

#### Trial exhibits and witnesses

D. Interpreters/Hearing Impaired. When a party or witness requires the services of an interpreter of a foreign language or services for the hearing impaired, please notify the Court in writing at least seven (7) days in advance.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 3 · Collected 2026-10-27

#### Motion practice

E. Substitution/Withdrawal. All Substitutions of Counsel must be in writing, signed by the client, the incoming and the outgoing attorney, filed with the Court, and served on all other parties in accordance with the CPLR before the outgoing attorney is relieved and discharged from the matter. In any matter where an attorney seeks to be relieved and discharged and there is no proposed incoming attorney, a motion for that relief must be made by Order to Show Cause on notice to the client and all other parties.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 3 · Collected 2026-10-27

#### Motion practice

A. Return Dates. Motions made by Notice of Motion shall be made returnable on any Tuesday when the Court is in session, after consulting with the relevant Court department. Return dates for Orders to Show Cause shall be determined by the Court. Appearances are required on motion return dates unless otherwise directed by the Court. Oral argument will be allowed in the Court’s discretion. The Court will not permit oral argument unless it is requested in the notice of motion, order to show cause, or opposition papers.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 3 · Collected 2026-10-27

#### Adjournments

( 1) On consent: The party seeking the adjournment of a motion with the consent of the other parties shall notify the Court in writing of the agreed upon adjournment date at least 24 hours prior to the return date. Even if a requested adjournment is on consent of all parties, the request must also be approved by the Court in writing before it will be deemed granted.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 3 · Collected 2026-10-27

#### Adjournments

(2) Without consent: In those situation where an opposing party does not consent to the adjournment, a party requesting an adjournment shall submit a letter to the Court, with notice to all parties, at least 48 hours

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 3 · Collected 2026-10-27

#### Adjournments

prior to the return date providing good cause as to why the adjournment should be granted. Parties opposing the request may submit a brief response setting forth their reasons for objecting.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Adjournments

C. Adjournments of Appearances in Cases with Fully Submitted Motions. The filing of a motion does not automatically relieve any party from attending a previously scheduled appearance, regardless of the nature of the relief sought in the motion. However, when an appearance is forthcoming while a fully submitted dispositive motion is pending before the Court, the movant may contact the Court in writing, with notice to all parties, at least 48 hours in advance to request an adjournment of the appearance.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

D. Format. A working (hard) copy of all motions shall be provided to the Court prior to the submission date. All affirmations, affidavits and memoranda of law must contain numbered pages and exhibit tabs.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

E. Disclosure Motions. It is the policy of this Court to make itself and its staff available to resolve disputes related to pretrial disclosure. Therefore, if a dispute over disclosure arises that cannot be resolved by the parties own diligent, good faith efforts, the aggrieved party shall notify the Court and a conference will be scheduled. A motion related to disclosure will not be entertained by the Court, in any type of a proceeding, until after a conference is conducted to resolve the issues.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

F. Withdrawal of Motions. If a matter has been resolved and the parties no longer require a decision from the Court, counsel are directed to immediately notify the Court in writing. COUNSEL SHALL

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

G. Requests to File Documents Under Seal or in Redacted Form. Requests to file documents under seal or in redacted form shall be made by order to show cause. Any request for provisional sealing prior to the determination of the motion shall be included in the proposed order to show cause. The documents and material for which sealing or redaction is sought shall be attached to the moving papers, and any proposed redactions shall be highlighted. The proposed order to show cause shall be accompanied by (1) a memorandum of law setting forth the factual and legal basis for sealing or redacting each document or each piece of information, citing applicable law and supporting authority, and (2) an affirmation or affidavit based on personal knowledge attesting to the factual basis for sealing or redaction.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Conferences and appearances

A. At the pretrial conference, the Court shall schedule a date certain for trial of all outstanding issues. The Court will also explore referring the case to a referee, if appropriate.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

B. The Court will explore limitation of issues for trial, including any application that counsel anticipates making to limit or preclude testimony or other evidentiary matters. If an evidentiary issue cannot be resolved by the Court at the pretrial conference, a motion in limine briefing schedule shall be established.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Conferences and appearances

The intent of this rule is to avoid in limine applications on the eve or, or during, trial of a matter. Failure to bring an in limine application before the Court in a timely manner may result in summary denial of the application. Counsel should be prepared to discuss settlement and should have full authority from their respective clients.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Adjournments

The parties shall immediately provide the Court with written notice whenever a case has been settled or otherwise disposed. Following the initial notification, counsel shall file a fully executed duplicate original stipulation of discontinuance.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 4 · Collected 2026-10-27

#### Conferences and appearances

All disputed matters shall be referred to some form of ADR.. Settlement conferences will be an integral part of the Court’s ADR program, occurring early and frequently during the litigation process. In addition, the Surrogate may refer disputes between the parties to mandatory mediation. The rules of the Bronx Surrogate's Court mediation program can be found at http://ww2.nycouts.gov/alternative-dispute- resolution-adr-bronx-surrogates-court-29661.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 5 · Collected 2026-10-27

#### Filing and working copies

A. Stale Filings. Any pleading or paper supplemental thereto, e.g. waiver and consent, renunciation, affidavit etc., that is dated more than one year prior to the date of filing, is considered stale and shall not be accepted for filing by the Court.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 5 · Collected 2026-10-27

#### Artificial intelligence

C. Technology. No party or counsel shall use any device to record, videotape, or otherwise electronically transcribe any part of a court appearance or a conference. Smart glasses are prohibited in the Bronx County Courthouse. The use of AI meeting assistants or similar systems during any court appearance or conference is also prohibited.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://webfiles.nycourts.gov/public/2026-10/bronx-surrogate-court-part-rules-10.16.26.pdf) · Source page 5 · Collected 2026-10-27

#### Trial exhibits and witnesses

Part 207 of the Uniform Rules. Parties are directed to familiarize themselves with the Uniform Rules for Surrogate’s Court, found in Part 207 of the Uniform Rules for the New York State Trial Courts. The Part 207 Rules shall apply to the Bronx County Surrogate’s Court unless explicitly directed otherwise in these Part Rules.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

A. E-filing is not Mandatory. E-filing in the Bronx County Surrogate’s Court is done on a consensual basis, except that e-filing is not permitted for guardianship matters (under SCPA Article 17 or SCPA Article 17-A), matters involving lifetime trusts, accounting proceedings, wrongful death compromises, miscellaneous proceedings and adoption proceedings. The Court’s e-filing protocols can be found on its website at http://ww2.nycourts.gov/COURTS/12jd/BRONX/Surrogates/index.shtml. General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

B. Inquiry regarding a Prior Proceeding. Immediately before entering any information into an initial e- filing, you must run an inquiry on the decedent’s last name, using the first initial, to determine if a file has already been opened. Due to the numbering system used in Surrogate’s Courts, an inquiry based on the file number alone may not produce accurate results. PLEASE DO NOT CALL THE COURT TO

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 1 · Collected 2026-10-27

#### Filing and working copies

C. Original Documents. An original certified birth certificate, certified death certificate and the decedent’s Will must be delivered to the Court within two (2) business days after such documents have been electronically filed. Applications requiring such documents shall not be processed until the originals are received. If the requisite originals are not received within thirty (30) days of an application’s filing, the application shall be deemed discontinued. NOTE: A decedent’s original Will must be scanned by the e-filer. That original Will, however, must NOT BE UNSTAPLED.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 1 · Collected 2026-10-27

#### Motion practice

D. Working Copies. Parties shall submit a working copy within two (2) business days following electronically filed documents: all motions, memoranda of law and contested matters (i.e., objections and related proceedings/filings). All working copies submitted to the Court must include a copy of the NYSCEF Confirmation Notice firmly fastened as the front cover page of the submission and comply with other requirements set forth in the Bronx County Protocol. Working copies without the Confirmation Notice will not be accepted. No action shall be taken on a proceeding unless working copies are received by the court.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Filing and working copies

E. Hard Copy Submissions. The Court will reject any hard copy submissions in e-filed cases unless those submissions bear the A NOTICE OF HARD COPY SUBMISSION - E-FILED CASE form required by Uniform Rule 207.4-a(e)(10). The form is available at www.nycourts.gov/efile.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Filing and working copies

F. Envelopes. Filers requesting any documents must provide the court with self-addressed stamped envelopes bearing adequate postage for the return. The court will not mail documents back to the filer without such properly stamped envelopes. If self-addressed stamped envelopes are not provided, the court will place the documents into the attorney pick-up bin drawer located in our office.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Communications with chambers

A. Correspondence. Correspondence to the Court and the Chief Clerk (hereafter, the “Clerk”) shall be copied to all parties that have appeared and must include the Surrogate Court’s File Number. Correspondence between the parties shall not be copied to the Court unless otherwise directed, or where there is some specific judicial purpose to be served by transmitting copies to the Court. Correspondence should not be submitted, and will not be considered, in determining motions, etc. The Court will only act upon appropriate application or proceeding and does not permit litigation by correspondence.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Communications with chambers

B. Telephone Calls. Telephone calls to Court staff should be limited to situations requiring immediate attention that cannot otherwise be attained by correspondence.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Communications with chambers

C. Faxes. The Court will not accept faxed copies of papers that must otherwise be filed in original form (such as objections, petitions, proofs of service, motions, opposition to motions, replies, proposed Orders, and documents to be “So Ordered”). All faxes must be faxed simultaneously to all other parties. Faxed correspondence shall not exceed three (3) pages in length.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Communications with chambers

D. Ex Parte Communications. Ex parte communications are prohibited except when an Order to Show Cause is submitted for signature, or with the prior consent of all parties during settlement negotiations.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Adjournments

A. Adjournment of Conferences. An adjournment of a conference may be requested on consent of all parties. Even if a requested adjournment is on consent, the request must also be approved by the Court before it will be deemed granted. The party requesting an adjournment must submit the adjournment request to the Court, on notice to all parties. A request to adjourn a conference should be delivered to this Court at least 48 hours prior to the scheduled appearance. Unless good cause is shown, no more than two

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 2 · Collected 2026-10-27

#### Adjournments

(1) On consent: The party seeking the adjournment of a motion with the consent of the other parties shall notify the Court in writing of the agreed upon adjournment date at least 24 hours prior to the return date. Even if a requested adjournment is on consent of all parties, the request must also be approved by the Court before it will be deemed granted.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 3 · Collected 2026-10-27

#### Adjournments

(2) Without consent: In those situation where an opposing party does not consent to the adjournment, a party requesting an adjournment shall submit a letter to the Court, with notice to all parties, at least 48 hours prior to the return date providing good cause as to why the adjournment should be granted. Parties opposing the request may submit a brief response setting forth their reasons for objecting.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 3 · Collected 2026-10-27

#### Adjournments

C. Adjournments of Appearances in Cases with Fully Submitted Motions. The filing of a motion does not automatically relieve any party from attending a previously scheduled appearance, regardless of the nature of the relief sought in the motion. However, when an appearance is forthcoming while a fully submitted dispositive motion is pending before the Court, the movant may contact the Court in writing, with notice to all parties, at least 48 hours in advance to request an adjournment of the appearance.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 3 · Collected 2026-10-27

#### Conferences and appearances

A. Court Conferences and Calendar Calls. Except as otherwise provided in paragraph B below, conferences and calendar calls are held in Room 406 of the Bronx County Courthouse located at 851 Grand Concourse, Bronx, New York 10451. The Court calendar is regularly called on Tuesdays at 9:30 a.m. and Thursdays at 9:30 a.m. Conferences with court attorneys are regularly held on Thursdays. The failure to appear at a scheduled calendar call or conference may result in appropriate relief, including default pursuant to 22 NYCRR 202.27 and/or dismissal of the proceeding. If a conference is deemed necessary, it will occur immediately following the call of the calendar unless otherwise scheduled with the approval of the Court. Pursuant to §130-2.1 of the Rules of the Chief Administrator of the Courts, the Court may impose financial sanctions and award costs and reasonable attorney’s fees against any attorney who, without good cause, fails to appear at a time and place scheduled for an appearance in any action or proceeding.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 3 · Collected 2026-10-27

#### Communications with chambers

B. Virtual Appearances. Until further notice is given, all appearances by attorneys and parties on any matter will be conducted by virtual (remote) means such as videoconferencing (e.g., Microsoft Teams) or joint telephone calls. You should continue to check the Court’s website for updates and information as to when the Court will resume having attorneys and parties come into the Courthouse. Prior to a scheduled court date, a litigant/party must contact the Court’s Calendar Clerk to confirm how the appearance shall be virtually conducted. The Court’s Calendar Clerk can be reached at 718-618-2373 or by e-mail at VirtualBronxSurrogatesCourt@nycourts.gov.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 3 · Collected 2026-10-27

#### Adjournments

C. Adjournments. As a matter of general practice, requests for adjournments of motions, conferences, and hearings and trials are discouraged. All adjournment requests must be in writing and either on consent of all parties, or on prior notice to such parties. A request for an adjournment, even if on consent of all parties, is NOT effective unless and until approved by the Court. Applications for adjournments must be made in writing and received by the Court (by e-filing, letter or email) not less than forty-eight (48) hours in advance of the scheduled conference, etc. and shall state: (1) good cause why the adjournment is being sought, and (2) whether the other parties consent or object to the application. The

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 3 · Collected 2026-10-27

#### Adjournments

party seeking the adjournment may also suggest an approximate time period for the adjournment, and/or a date certain to which the conference, etc. should be adjourned. All communications with the Court must be contemporaneously copied to all other parties and pro se litigants in accordance with the correspondence rules above. All requests for adjournments of a trial, fact finding or hearing submitted after the scheduling of the same, shall be subjected to the strictest scrutiny.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Conferences and appearances

D. Appearances by Counsel with Knowledge and Authority. All counsel who appear before the Court must be familiar with the case and be fully authorized to enter into agreements as to both substantive and procedural matters on behalf of their clients. Attorneys appearing of counsel to the attorneys of record and self-represented parties shall be held to the same requirements. Failure to comply with this rule may be regarded as a default and dealt with appropriately. All counsel and self-represented parties must be on time for all scheduled appearances.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Trial exhibits and witnesses

E. Interpreters/Hearing Impaired. When a party or witness requires the services of an interpreter of a foreign language or services for the hearing impaired, please notify the Court in writing at least seven (7) days in advance.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

F. Substitution/Withdrawal. All Substitutions of Counsel must be in writing, signed by the client, the incoming and the outgoing attorney, filed with the Court, and served on all other parties in accordance with the CPLR before the outgoing attorney is relieved and discharged from the matter. In any matter where an attorney seeks to be relieved and discharged and there is no proposed incoming attorney, a motion for that relief must be made by Order to Show Cause on notice to the client and all other parties.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

A. Return Dates. Motions made by Notice of Motion shall be made returnable on any Tuesday when the Court is in session. Return dates for Orders to Show Cause shall be determined by the Court. Appearances are required on motion return dates unless directed by the Court that no appearance is necessary.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

B. Format. With the exception of e-filed motions, courtesy copies of motion papers are not necessary. All affirmations, affidavits and memoranda of law must contain numbered pages and exhibit tabs. If a motion submitted to the Court is not electronically filed, it shall not be stapled, but securely fastened together by a means that allows the motion papers to be scanned.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

C. Disclosure Motions. It is the policy of this Court to make itself and its staff available to resolve disputes related to pretrial disclosure. Therefore, if a dispute over disclosure arises that cannot be resolved by the parties own diligent, good faith efforts, the aggrieved party shall notify the Court and a conference will be scheduled. A motion related to disclosure is not to be made by any party, in any type of a proceeding, unless authorized by the Court after conferencing fails.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

D. Withdrawal of Motions. If a matter has been resolved and the parties no longer require a decision from the Court, counsel are directed to immediately notify the Court in writing. COUNSEL SHALL

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

E. Motions Seeking Temporary Injunctive Relief. Any application for temporary injunctive relief shall include either: (i) an affirmation demonstrating that a good faith effort has been made to notify the party against whom the TRO is sought of the time, date and place that the application will be made in a manner

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 4 · Collected 2026-10-27

#### Motion practice

F. Summary Judgment Motions. Summary judgment motions shall be filed with the Court and served upon all other parties no later than 120 days after the filing of the Note of Issue. If an application to extend the time to make such a motion has been granted by the Court, the moving party must so state in the motion 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/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Communications with chambers

G. Proposed Orders, Judgments and Findings of Fact. All proposed orders, judgments and findings of facts are to be submitted with notice of settlement on at least 10 days’ notice. Proposed Judgments or Orders shall be submitted on all unopposed motions. A conformed copy of an order, judgment or decree will be mailed back to the submitting party only when it is accompanied by a sufficiently stamped, self- addressed envelope.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Conferences and appearances

A. At the pretrial conference, the Court shall schedule a date certain for trial of all outstanding issues. The Court will also explore referring the case to a referee, if appropriate.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Motion practice

B. The Court will explore limitation of issues for trial, including any application that counsel anticipates making to limit or preclude testimony or other evidentiary matters. If an evidentiary issue cannot be resolved by the Court at the pretrial conference, a motion in limine briefing schedule shall be established.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Conferences and appearances

C. Counsel should be prepared to discuss settlement and should have full authority from their respective clients.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Trial exhibits and witnesses

A. Trial Dates. Once scheduled, all trial dates shall be deemed firm. Accordingly, it is expected that clients, witnesses, experts and others will be timely advised of scheduled dates to avoid last minute claims of unavailability.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Communications with chambers

B. Pretrial Settlement Conference. At the pretrial conference, all counsel must be present and prepared to engage in good faith settlement negotiations. All counsel must be vested with the full authority to negotiate and settle the matter. All parties are to either be present or available by telephone. A party represented by an attorney without authority to negotiate and settle the matter may be considered in default, and the Court may issue appropriate orders including dismissal of a proceeding, or other appropriate relief.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Trial exhibits and witnesses

C. Trial Notebook. No later than two weeks prior to the scheduled trial date, unless specifically relieved of such requirement by the Court, each party shall each provide to all other parties and to the Court a 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/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Trial exhibits and witnesses

(1) Pretrial memorandum of law addressing any known disputed legal issues that must be determined by the Court.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Trial exhibits and witnesses

(2) A list of all potential witnesses for each party along with a brief statement of proof. A witness not identified in the witness list, other than an impeachment or rebuttal witness, may not be permitted to

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 5 · Collected 2026-10-27

#### Trial exhibits and witnesses

testify unless an adequate explanation is provided for the failure to identify such witness prior to 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/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Trial exhibits and witnesses

(3) A list of all exhibits and to be offered into evidence at trial by each party with a brief description of the purpose of each exhibit (if not obvious). Any exhibit not identified in the exhibit list, other than an exhibit offered for the purpose of impeachment or rebuttal, may not be admitted into evidence unless an adequate explanation is provided for the failure to identify such exhibit prior to 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/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Trial exhibits and witnesses

D. Identification of Trial Counsel. If a matter is to be tried by an attorney other than the attorney of record, trial counsel shall be identified in writing, filed with the Court on notice to all parties, no later than fifteen (15) days prior to the date 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/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Trial exhibits and witnesses

E. Non-Jury Trial. Unless the Court directs otherwise, the parties shall obtain (at their expense) a copy of the trial transcript. Following the close of evidence and receipt of the trial transcript, counsel shall also present the Court with proposed findings of fact and proposed conclusions of law. Each party may submit a post-trial brief with respect to the issues raised at the trial, setting forth specific references to the relevant portions of the transcript and the documents in evidence and citing the applicable law.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Adjournments

Until further notice is given, all jury trials in this Court have been adjourned without being given a new date. You should continue to check the Court’s website for updates and information as to when the Court will resume conducting jury trials.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Conferences and appearances

(2) At the preliminary charge conference, each party shall provide the Court and all other parties with:

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Conferences and appearances

b. A complete list of suggested jury charges. The charges will be drawn from the Pattern Jury Instructions (PJI). Unless counsel seeks a deviation from or an addition to the pattern charge, only the PJI numbers need be submitted. Where deviations or additions are requested, the full text of such requests must be submitted, together with any supporting legal precedents. Upon request, counsel shall promptly submit the proposed revision or addition to the pattern charge to the Court in an electronic format convertible to WordPerfect. Amendments to the suggested jury charges will be permitted at the final charge conference following the close of evidence;

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Trial exhibits and witnesses

c. A proposed verdict sheet. The proposed verdict sheet shall be jointly prepared by counsel and presented to the Court in a typed final form for presentation to the jury. If agreement cannot be reached, then each side shall present a proposed verdict sheet. Upon request, counsel shall promptly submit the proposed verdict sheet to the Court in an electronic format convertible to Microsoft Word.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Conferences and appearances

(3) At the preliminary charge conference, counsel for all parties shall also be prepared and shall have the

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 6 · Collected 2026-10-27

#### Trial exhibits and witnesses

c. to alert the Court as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses, and any other practical problems which the Court should consider in scheduling.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 7 · Collected 2026-10-27

#### Motion practice

G. Post-Trial Submissions. Motions brought by a party after jury trial pursuant to CPLR 4403 or CPLR 4404 must be supported by a copy of the trial transcript. Unless otherwise directed by the Court, in accordance with the schedule set by the Court at the conclusion of a bench-trial or hearing, the parties shall jointly submit a trial transcript, and each party shall prepare and submit a post-trial memorandum.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 7 · Collected 2026-10-27

#### Adjournments

The parties shall immediately provide the Court with written notice whenever a case has been settled or otherwise disposed. Following the initial notification, counsel shall file a fully executed duplicate original stipulation of discontinuance with the Clerk’s Office.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 7 · Collected 2026-10-27

#### Conferences and appearances

All disputed matters shall be referred to some form of ADR. Settlement conferences will be an integral part of the Court’s ADR program, occurring early and frequently during the litigation process. In addition, the Surrogate shall refer disputes between the parties to mandatory mediation. The rules of the Bronx Surrogate’s Court mediation program can be found at http://ww2.nycourts.gov/alternative-dispute- resolution-adr-bronx-surrogates-court-29661.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 7 · Collected 2026-10-27

#### Remote appearances

Absent an emergency, all hearings for Article 17-A proceedings shall be heard by the Surrogate on a Wednesday at 9:30 a.m. and 2:30p.m. or as designated by the Court. Such hearings may be conducted virtually. At the hearing, the Court shall only consider medical evaluations of persons alleged to be intellectually or developmentally disabled that have been performed within one (1) year of the hearing date. This requirement, however, may be relaxed by the Court under compelling circumstances.

See document heading and cited passage; do not apply outside the issuing part or proceeding.

[Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/12jd/bronx/Surrogates/PartRules.pdf) · Source page 7 · Collected 2026-10-27

#### Motion practice

C. Affirmation of Services/Proposed Orders. Affirmations of legal services and proposed orders shall be submitted with notice of settlement on at least 10 days’ notice or by notice of 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/12jd/bronx/Surrogates/PartRules.pdf) · Source page 7 · Collected 2026-10-27

### Shared court rules

- [22 NYCRR Part 207 — Uniform Rules Surrogates Court](https://knowjudges.com/courtroom-rules/ny-shared-set-760d2f4782807d6f93a2) — Surrogate's Court proceedings [Official source](https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court). Collected 2026-10-27.
- [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-99a7824bb8e009643f842c03) — Scope is limited to the court class in the source claim.  Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory. [Official source](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.
- [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-34fe480ab82f22fa3c31d257) — Scope is limited to the court class in the source claim.  Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory. [Official source](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.
