Provisions

Individual rule provisions extracted from part rules documents

Data license: Government edicts — not subject to copyright · Data source: nycourts.gov

216 rows where county = "Westchester"

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BLACKWOOD-001 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD I.A 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. All counsel and self-represented parties must be on time for all scheduled appearances.   ["part-rules", "attorney-conduct", "courtroom-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-002 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD I.B Settlements and Discontinuances If an action is settled, discontinued, or otherwise disposed of in any manner by the parties, counsel and self-represented parties shall immediately inform the Court by letter or email to the Part Clerks and Principal Law Clerk. Thereafter, counsel and self-represented parties shall timely file the appropriate stipulation through NYSCEF or by filing a Stipulation of Discontinuance with the Part Clerk, if not an e-filed case.   ["part-rules", "case-management"] [] 9 Westchester supreme part_rules
BLACKWOOD-003 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD I.D Correspondence All correspondence to the court must bear the full Title and Index Number of the action and indicate that a copy was sent to all other counsel or self-represented litigant(s) simultaneous with transmittal to the court. In all e-filed cases, correspondence must be transmitted to the court via NYSCEF. Any ex-parte communication is strictly prohibited.   ["communication-preferences", "e-filing"] [] 9 Westchester supreme part_rules
BLACKWOOD-004 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD II E-Filing Rules and Protocol Counsel for all parties shall familiarize themselves with the statewide E-Filing Rules §§ 202.5-b and 202.5-bb. All documents filed in mandatory e-filed cases are to be filed through NYSCEF. Working copies are required unless told otherwise by the Court. Working copies must include a copy of the NYSCEF Confirmation Notice firmly fastened to the front cover page and shall be mailed or hand-delivered so as to be received by chambers within 72 hours of submission by e-filing.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
BLACKWOOD-005 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD III Motions and Orders to Show Cause All motions shall be made returnable on any Wednesday the Court is in session at 9:30 a.m. Unless otherwise advised by the Court, all motions are by submission only. A request for oral argument may be made on the first page of the Notice of Motion. No more than three adjournments for a total of 60 days are allowed. All communications regarding motions must be directed to the Part Clerks.   ["hearing-procedures", "adjournments", "briefing-schedule"] ["22 NYCRR 202.7(f)", "22 NYCRR 202.8"] 9 Westchester supreme part_rules
BLACKWOOD-006 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD IV Preliminary Conference Upon a case assignment to this part, the Court will conduct a virtual preliminary conference to address the scheduling of trial and further court appearances and deadlines. At this virtual conference, the Court will set a schedule for motions in limine which will be fully submitted one month prior to the Pre-Trial Conference. At the conclusion of that conference, the Court will issue a trial scheduling order pursuant to §125.1 of the Rules of the Chief Administrative Judge.   ["preliminary-conference", "scheduling-orders", "conference-procedures"] ["Rules of the Chief Administrative Judge \u00a7125.1"] 9 Westchester supreme part_rules
BLACKWOOD-007 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD V Settlement Conference The court encourages, and is available to facilitate, the settlement of all matters. Counsel attending the Settlement Conference must be fully familiar with the action and authorized to discuss all factual and legal issues presented by the litigation, settlement demands or offers, witness scheduling, and trial procedure. Counsel must also be authorized to enter into binding settlements on terms agreeable to the parties and to the Court.   ["settlement-conferences", "conference-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-008 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD VI Pre-Trial Conference A Pre-Trial Conference with all counsel and self-represented parties will be conducted before the commencement of jury selection or the non-jury trial. Approximately one month prior to the Pre-Trial Conference, counsel must provide the Court and opposing counsel with a trial notebook containing: copies of all prior decisions or orders, list of all witnesses, copy of each exhibit, trial memorandum, requests to charge, and proposed verdict sheet.   ["pre-trial-conference", "trial-procedures", "exhibits"] [] 9 Westchester supreme part_rules
BLACKWOOD-009 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD IV.A-M Trial Practice Rules Counsel shall ascertain the availability of all witnesses and subpoenaed documents before trial. All counsel shall meet with the assigned Official Stenographer to pre-mark all exhibits for identification. If argument on an objection is necessary, counsel shall ask permission to approach the bench for a sidebar. At the conclusion of trial, counsel must e-file exhibits admitted into evidence and all materials must be removed from the courtroom within 48 hours.   ["trial-procedures", "exhibits", "courtroom-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-010 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD V Virtual Proceeding Rules All in person court rules apply equally to virtual court proceedings. No party or attorney may record any virtual court proceeding, including video, photographs and/or screenshots. No individual may be physically present in the same room as a party or witness, except for counsel. Counsel, parties and witnesses must be aware that all Teams messaging is public and persistent.   ["remote-hearings", "courtroom-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-011 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD VI Artificial Intelligence Disclosure Counsel and any self-represented party must disclose to the court if any portion of their written submission to the Court was generated by any form of artificial intelligence and if so, what portion thereof utilized this form of technology.   ["attorney-conduct", "part-rules"] [] 9 Westchester supreme part_rules
BURKE-001 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE GENERAL General Rules of Conduct All attorneys and parties must be on time and ready to proceed. Cases may be dismissed or proceed to inquest if counsel or parties not present when called. Counsel must speak with clients in advance of every court appearance. For permanency hearings, Attorney for the Child must notify parties 10 days in advance whether child is asserting participation right per FCA §1090-a. All filings per current Administrative Orders and 22 NYCRR §205.1 et seq. Counsel must notify Court 10 business days before appearance if interpreter needed.   ["attorney-conduct", "courtroom-procedures"] ["FCA \u00a71090-a", "22 NYCRR 205.1"] 9 Westchester supreme part_rules
BURKE-002 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE CORRESPONDENCE Correspondence/Communication with the Court Communication must be in writing. Phone limited to non-substantive administrative issues with part secretary only. No ex parte communications except for OSC for signature; all other correspondence must be copied to all counsel and self-represented parties with file number and next appearance date. Court does not permit litigation by email/letter. Requests for interim conference limited to situations where good-faith efforts to resolve failed and matter is time sensitive.   ["communication-preferences"] [] 9 Westchester supreme part_rules
BURKE-003 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE ADJOURNMENTS Requests for Adjournments All adjournments must be approved by Court even when all parties consent. Requests must be in writing and emailed to VirtualWestchesterFamilyCourtNewRochelle@nycourts.gov with copy to Judge Burke's secretary and Part Clerk. If no response, assume denied and appear. Non-consensual adjournments only with affirmation of prior engagement per 22 NYCRR §125.1. Absent exigent circumstances, requests must be made at least 7 days prior to appearance. All temporary orders extended through next court date.   ["adjournments"] ["22 NYCRR 125.1"] 9 Westchester supreme part_rules
BURKE-004 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE VIRTUAL Requests for Virtual Appearance Counsel and parties expected to appear in person unless directed otherwise. Any request for virtual appearance must be made at least 72 hours in advance in writing. If no response, assume denied and appear in person.   ["remote-hearings"] [] 9 Westchester supreme part_rules
BURKE-005 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE FACT-FINDING Fact-Finding Hearings All exhibits must be pre-marked. Trial subpoenas to libraries, hospitals, municipal corporations must be 'So Ordered' (judicial subpoena) per CPLR §§2306 and 2307, served 3 days before production date, and served on all counsel after service on witness. Motion for judicial subpoena on 1 day's notice to custodian, at least 7 days before fact-finding. Trial Notebook required no less than 3 weeks before first trial date, containing: Witness List (with name, address, phone, offer of proof); Exhibit List with copies of pre-marked proposed exhibits (Petitioner numbered, Respondent lettered, AFC designated AFC 1,2,3, etc.); Motions in Limine at least 2 weeks prior to trial. Pre-trial conference (virtual) with Court Attorney 2 weeks prior to trial.   ["trial-procedures", "exhibits", "pre-trial-conference", "scheduling-orders"] ["CPLR 2302(b)", "CPLR 2303(a)", "CPLR 2306", "CPLR 2307"] 9 Westchester supreme part_rules
BURKE-006 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE MOTIONS Notices of Motion Motions filed with Clerk's Office in New Rochelle, returnable per CPLR §408 and §2214. Generally returnable on matter's next scheduled appearance unless otherwise directed. Return date may not be adjourned without Court consent. Sur-replies not permitted without specific Court permission. Cross-motions seeking only denial of original motion not recognized as independent motions.   ["hearing-procedures"] ["CPLR 408", "CPLR 2214"] 9 Westchester supreme part_rules
BURKE-007 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE FORENSIC Mental Health Evaluations/Forensic Evaluations Requests for forensic evaluations made on or before first conference except for good cause. Parties with retained counsel pay 100% of private pay cost for own evaluation and 50% for child(ren) unless Court directs otherwise after reviewing FDA. Forensic evaluation admitted as Court's Order for Release as a court exhibit subject to cross-examination of evaluator. Copies not released directly to parties under any circumstances.   ["matrimonial"] ["County Law \u00a7722-c", "22 NYCRR Part 623"] 9 Westchester supreme part_rules
CLERKIN-001 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.A Governing Authority Counsel are expected to be familiar with the Uniform Civil Rules for the Supreme and the County Court (22 NYCRR) § 202.1, et seq. and the Westchester Supreme Court Civil Case Management Rules. Said rules control to the extent the same have not been superseded and/or supplemented by these Part Rules.   ["part-rules"] ["22 NYCRR \u00a7 202.1", "Westchester Supreme Court Civil Case Management Rules"] 9 Westchester supreme part_rules
CLERKIN-002 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.C Electronic Filing Counsel and self-represented parties shall familiarize themselves with the statewide E-Filing Rules (22 NYCRR 202.5-b and 202.5-bb) and the Westchester County E-Filing Protocol. All documents in mandatory e-filed cases shall be filed through NYSCEF.   ["e-filing"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
CLERKIN-003 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.D Appearances by Counsel and Parties Failure to comply with appearance rules may be treated as a default for purposes of 22 NYCRR 202.27 and may result in default judgment, dismissal, and/or sanctions. Only counsel or self-represented parties who are fully familiar with a case and authorized to enter into binding agreements are to appear. Counsel for plaintiff must be prepared to make a settlement demand and counsel for defendant must be prepared to respond.   ["attorney-conduct", "conference-procedures"] ["22 NYCRR 202.27", "22 NYCRR 130-2.1"] 9 Westchester supreme part_rules
CLERKIN-004 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.D Virtual Appearances Counsel may request that conferences be conducted virtually for good cause. Requests must be in writing specifying why a virtual conference is necessary, filed via NYSCEF at least one week prior to the scheduled conference absent emergent circumstances, indicate whether on consent, and provide direct phone numbers and email addresses for all counsel. Virtual appearances conducted via Microsoft Teams. Recording of virtual appearances is prohibited and subject to sanctions.   ["remote-hearings", "conference-procedures"] [] 9 Westchester supreme part_rules
CLERKIN-005 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.D Adjournments of Appearances Adjournments shall be granted only upon a showing of good cause (22 NYCRR 202.10(b)). Request shall be made via letter filed to NYSCEF stating: (1) the appearance date and (2) whether all parties consent and, if not, the reasons given for refusing consent. Absent extraordinary circumstances, requests shall be made two business days before the scheduled appearance. Appearances may not be adjourned by stipulation; only the Court has authority to grant an adjournment.   ["adjournments"] ["22 NYCRR 202.10"] 9 Westchester supreme part_rules
CLERKIN-006 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.E Mediation Pursuant to Part 160 of the Rules of the Chief Administrative Judge, referrals to mediation shall take place at the earliest practicable time. The Ninth Judicial District has a District-wide Presumptive Mediation Program. Cases suitable for presumptive mediation include personal injury actions involving claims or insurance coverage of $50,000 or less. All deadlines and proceedings, including discovery, motion practice, and trials, shall not be extended or stayed during mediation.   ["mediation"] ["22 NYCRR Part 160"] 9 Westchester supreme part_rules
EVERETT-001 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT I.A Conferences This Part conducts preliminary conferences and compliance conferences in accordance with the Westchester Supreme Court Civil Case Management Rules effective December 6, 2021.   ["conference-procedures", "preliminary-conference", "compliance-conference"] ["Westchester Supreme Court Civil Case Management Rules"] 9 Westchester supreme part_rules
EVERETT-002 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT I.B Appearances by Counsel with Knowledge and Authority All counsel appearing must be familiar with the case and fully authorized to enter into agreements on substantive and procedural matters. Attorneys appearing of counsel and self-represented parties are held to the same requirements. Failure to comply may be regarded as a default.   ["attorney-conduct", "conference-procedures"] [] 9 Westchester supreme part_rules
EVERETT-003 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT I.C Settlements and Discontinuances If an action is settled, discontinued, or otherwise disposed of, counsel and self-represented parties shall immediately inform the Court via NYSCEF and email to the Part Clerk at ldavis1@nycourts.gov, attaching a copy of the Stipulation of Discontinuance.   ["settlement-conferences", "case-management"] [] 9 Westchester supreme part_rules
EVERETT-004 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT I.D Immediate Attention / Adjournment Requests Requests to adjourn a scheduled appearance must be submitted in writing via NYSCEF and emailed to the Part Clerk at least 36 hours in advance, unless the Court determines there are extraordinary circumstances. The Court does not make determinations on substantive matters via correspondence.   ["adjournments", "communication-preferences"] [] 9 Westchester supreme part_rules
EVERETT-005 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT I.F Ex Parte Communications Ex parte communications are strictly prohibited except upon consent of all counsel, for scheduling matters, presentation of orders to show cause for signature, or where otherwise permitted by law.   ["communication-preferences", "attorney-conduct"] [] 9 Westchester supreme part_rules
EVERETT-006 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT II E-Filing Rules and Protocol Counsel shall familiarize themselves with statewide E-Filing Rules (22 NYCRR §§ 202.5-b and 202.5-bb) and the Westchester County E-Filing Protocol. All submissions to the Court, including pleadings, motions, proposed orders, stipulations, judgments, and letters must be electronically filed in NYSCEF.   ["e-filing"] ["22 NYCRR \u00a7 202.5-b", "22 NYCRR \u00a7 202.5-bb"] 9 Westchester supreme part_rules
EVERETT-007 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT III.A Compliance Conference The first compliance conference shall be held approximately 150 days prior to the date fixed as the last day of discovery. Compliance conferences shall be conducted by this Part. Once a preliminary conference order has been issued, the case will remain on this court's inventory for discovery proceedings.   ["compliance-conference", "discovery-scheduling"] [] 9 Westchester supreme part_rules
EVERETT-008 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT III.B Discovery Schedule Compliance conferences shall be conducted by the Principal Court Attorney, who shall monitor the progress of discovery. Applications for extensions of discovery deadlines shall be made by stipulation showing good cause as soon as practicable and prior to the expiration of the deadline. Requests shall be submitted via email and uploaded to NYSCEF.   ["discovery-scheduling", "compliance-conference"] ["22 NYCRR 202.20-e"] 9 Westchester supreme part_rules
EVERETT-009 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT III.C Adjournment of Compliance Conference Adjournment shall be granted upon a showing of good cause (22 NYCRR 202.10). When practicable, request must be made at least two business days before the scheduled conference. A stipulation of adjournment filed in NYSCEF and emailed to the Part Clerk is preferred. The next compliance conference shall be scheduled no later than 120 days prior to the last day of discovery, unless there are special circumstances.   ["adjournments", "compliance-conference"] ["22 NYCRR 202.10"] 9 Westchester supreme part_rules
EVERETT-010 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT IV Motion Practice Rules Motion practice is in accordance with the Civil Case Management Rules. All motions must be referred to the Motion Support Office. All motions must be made returnable in the Motion Support Office. A motion may not be adjourned more than three times and the return date may not be adjourned for more than a total of 60 days. Working copies are not required unless directed by this Part.   ["hearing-procedures", "adjournments"] ["Westchester Supreme Court Civil Case Management Rules"] 9 Westchester supreme part_rules
EVERETT-011 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT IV.D Discovery Disputes Prior to seeking judicial intervention, counsel shall communicate with each other and attempt to resolve or limit any discovery issues. A discovery conference may be obtained by submitting a letter application not exceeding one page to the Part Clerk. No discovery motion will be entertained absent a pre-motion conference authorizing the application. After the pre-motion conference, if issues are not resolved, any motion must be made by order to show cause.   ["discovery-disputes"] [] 9 Westchester supreme part_rules
EVERETT-012 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT IV.G.1 Summary Judgment Motions Summary judgment motions may be accompanied by a separate statement with numbered paragraphs of material facts. Numbered paragraphs in the moving party's statement will be deemed admitted unless specifically controverted by a corresponding numbered paragraph in the opposing party's statement. Post-note of issue summary judgment motions must be made within 60 days following the filing of the Note of Issue. Once fully submitted, the Court CANNOT grant any further adjournment.   ["summary-judgment", "note-of-issue"] ["CPLR 2214(c)"] 9 Westchester supreme part_rules
EVERETT-013 Individual Part Rules – Hon. David F. Everett, J.S.C. 129 NY-SC-9JD-EVERETT V Trial Practice Rules Counsel must ascertain availability of all witnesses and subpoenaed documents prior to trial. Upon assignment for trial, counsel must submit: marked pleadings and bills of particulars, estimated trial length, witness list, exhibit list, stipulation of undisputed facts (matrimonial: updated net worth statement), statutory provisions relied upon, and all expert witness reports.   ["trial-procedures", "pre-trial-conference", "exhibits"] [] 9 Westchester supreme part_rules
FIORE-001 Individual Part Rules of Hon. Keri A. Fiore, J.S.C., Supreme Court of the State of New York, County of Westchester 152 NY-SC-9JD-FIORE I Appearances before the Court All counsel and self-represented litigants are expected to be familiar with the Westchester Supreme Court Matrimonial Part Operational Rules (MPOR) and the Uniform Civil Rules. Within ten (10) days of written notification of assignment of a case to this Part, each attorney shall file a Notice of Appearance with Chambers on NYSCEF. Counsel must be fully familiar with these Part Rules and must be prepared at every appearance to discuss all factual and legal issues and must be authorized to engage in settlement negotiations.   ["part-rules", "attorney-conduct", "matrimonial"] ["22 NYCRR 130-2.1", "22 NYCRR 202.27"] 9 Westchester supreme part_rules
FIORE-002 Individual Part Rules of Hon. Keri A. Fiore, J.S.C., Supreme Court of the State of New York, County of Westchester 152 NY-SC-9JD-FIORE II Scheduling and Calendar Matters A request for an adjournment of an appearance or a motion shall be made in writing at least three (3) business days prior to the appearance or motion deadline, on notice to the other parties and filed on NYSCEF. Applications for adjournments must state: (1) the appearance/motion date, (2) three proposed adjourned dates/times on consent, (3) the reason for the request, (4) the number of prior adjournments, and (5) whether the opposing party(ies) consent(s) or object(s). Absent explicit approval from the Court in writing, the adjournment request is not deemed granted.   ["adjournments", "scheduling-orders"] ["22 NYCRR \u00a7125.1"] 9 Westchester supreme part_rules
FIORE-003 Individual Part Rules of Hon. Keri A. Fiore, J.S.C., Supreme Court of the State of New York, County of Westchester 152 NY-SC-9JD-FIORE V NYSCEF / E-Filing E-filing in matrimonial actions is mandatory except in limited circumstances. All parties in matters subject to E-Filing are expected to be familiar with the Statewide E-filing rules and the Westchester County E-filing protocol. Working copies of documents filed to NYSCEF are not required.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
FIORE-004 Individual Part Rules of Hon. Keri A. Fiore, J.S.C., Supreme Court of the State of New York, County of Westchester 152 NY-SC-9JD-FIORE VI.b Pre-Motion Conference Any party seeking to make a motion must file a written letter request for a pre-motion conference on notice to all other parties and upload the letter to NYSCEF. The letter request should state the basis of the anticipated motion and may not exceed two (2) pages. All parties so served may serve and file a letter response via NYSCEF within one (1) business day from service of the notification letter.   ["hearing-procedures", "conference-procedures"] [] 9 Westchester supreme part_rules
FIORE-005 Individual Part Rules of Hon. Keri A. Fiore, J.S.C., Supreme Court of the State of New York, County of Westchester 152 NY-SC-9JD-FIORE VI.c Motion Day All motions shall be made returnable on any given Monday at 9:30 a.m. unless the Court is closed due to the observance of a Federal or New York State holiday. All motions are determined by submission only unless otherwise directed by the Court.   ["hearing-procedures"] [] 9 Westchester supreme part_rules
FIORE-006 Individual Part Rules of Hon. Keri A. Fiore, J.S.C., Supreme Court of the State of New York, County of Westchester 152 NY-SC-9JD-FIORE VII Matrimonial Conferences Counsel and parties must appear in-person at all conferences unless otherwise directed by the Court. At least ten (10) days prior to the scheduled Preliminary Conference, each party must file on NYSCEF: (a) the retainer agreement; (b) a Statement of Net Worth; and (c) the most recent paystub and income tax returns. For Pre-Trial/Pre-Hearing Conference, parties must submit marked pleadings, updated net worth statements, witness list, joint stipulation as to facts and issues, and joint statement of proposed disposition.   ["preliminary-conference", "pre-trial-conference", "matrimonial", "conference-procedures"] [] 9 Westchester supreme part_rules
FIORE-007 Individual Part Rules of Hon. Keri A. Fiore, J.S.C., Supreme Court of the State of New York, County of Westchester 152 NY-SC-9JD-FIORE VIII Matrimonial Hearings and Trials A Virtual Evidence Courtroom (VEC) will be set up in NYSCEF for each trial/hearing. All evidence must be uploaded to the VEC ten (10) days prior to the commencement of trial. Each party is limited to fifteen (15) exhibits unless otherwise approved by the Court. All objections to evidence must be uploaded seven (7) days prior to the commencement of trial. All motions in limine shall be e-mailed to the Principal Law Clerk and uploaded to NYSCEF no later than seven (7) days prior to the scheduled trial date.   ["trial-procedures", "exhibits", "matrimonial", "remote-hearings"] [] 9 Westchester supreme part_rules
FUGARO-001 Part Rules of Hon. Maritza Fugaro, J.F.C., Westchester County Family Court, Part 5 156 NY-FC-9JD-FUGARO COMMUNICATION Communication with the Court Ex-parte communications to the Court are prohibited. Unless directed otherwise, all communications with the Part shall be made in writing by email to emulvane@nycourts.gov and pjsulliv@nycourts.gov. Telephone calls to the Court staff should be limited to situations requiring immediate attention. The Court does not permit litigation by letter. The Court shall not be copied on correspondence between/among counsel unless so directed. Parties represented by counsel are not permitted to contact the Court.   ["communication-preferences"] [] 9 Westchester family part_rules
FUGARO-002 Part Rules of Hon. Maritza Fugaro, J.F.C., Westchester County Family Court, Part 5 156 NY-FC-9JD-FUGARO ADJOURNMENTS Adjournments All adjournment requests shall be made by email to chambers at least 72 hours prior to the scheduled appearance, with a copy filed with the Clerk's Office. All adjournments must be approved by the Court, even where all parties and counsel have consented. An adjournment without the consent of the counsel and/or parties will only be granted if there is an affidavit of actual engagement in full compliance with 22 NYCRR §125.1. Petitioners will not be granted an adjournment for Preliminary Proceedings unless extraordinary circumstances exist.   ["adjournments", "conference-procedures"] ["22 NYCRR \u00a7125.1"] 9 Westchester family part_rules
FUGARO-003 Part Rules of Hon. Maritza Fugaro, J.F.C., Westchester County Family Court, Part 5 156 NY-FC-9JD-FUGARO MOTION Motion Practice All motions and orders to show cause shall be in conformance with all statutory requirements, including but not limited to CPLR 2214. All motions and orders to show cause and any responsive papers are to be submitted to the Clerk's Office, with courtesy copies to chambers by email. A moving party shall include an affirmation or affidavit detailing the good faith efforts made to resolve issues prior to seeking Court intervention. Any order to show cause seeking interim relief must comply with 22 NYCRR §202.7(f).   ["hearing-procedures", "courtesy-copies"] ["CPLR 2214", "22 NYCRR \u00a7202.7(f)"] 9 Westchester family part_rules
FUGARO-004 Part Rules of Hon. Maritza Fugaro, J.F.C., Westchester County Family Court, Part 5 156 NY-FC-9JD-FUGARO APPEARANCES Appearances All counsel and parties shall appear in person unless prior permission to appear virtually or by telephone has been obtained from the Court. In all cases, counsel shall meet with their client(s) and confer and make a good faith effort to resolve/narrow issues prior to the appearance. Attorney conferences will take place only on consent. The Court encourages and is available to facilitate settlement conferences.   ["attorney-conduct", "remote-hearings", "settlement-conferences"] [] 9 Westchester family part_rules
FUGARO-005 Part Rules of Hon. Maritza Fugaro, J.F.C., Westchester County Family Court, Part 5 156 NY-FC-9JD-FUGARO FACT-FINDING Fact Finding Hearings Counsel must adhere to all requirements and deadlines set forth in any pre-trial order/order of fact-finding rules and procedures. Failure to comply may result in preclusion of evidence or witnesses at trial. Counsel must be prepared to go forward on all scheduled fact-finding dates. Adjournments will not be granted absent advance notice and good cause. Oral applications on the date of the fact finding will not be entertained.   ["hearing-procedures", "trial-procedures"] [] 9 Westchester family part_rules
FUGARO-006 Part Rules of Hon. Maritza Fugaro, J.F.C., Westchester County Family Court, Part 5 156 NY-FC-9JD-FUGARO FORENSIC Forensic Reports and Evaluations All Court-ordered forensic reports and evaluations shall be submitted into evidence as the Court's exhibit(s) without further foundation testimony or evidence, subject to cross examination. A party who chooses to cross-examine the forensic evaluator shall be responsible for all costs and fees for the preparation for testifying, travel and waiting time, and testimony, unless otherwise directed by the Court.   ["trial-procedures", "hearing-procedures"] [] 9 Westchester family part_rules
GONZALEZ-CVA-001 Individual Part Rules, Child Victims Act Cases – Hon. Doris M. Gonzalez, J.S.C. 136 NY-SC-9JD-GONZALEZ-CVA General Alternative Dispute Resolution and Settlement Conferences The Court will entertain requests for Settlement Conferences and/or Mediation at any point during litigation. A request shall be made in writing to the Court via NYSCEF and email to 9JD-CVADMG@nycourts.gov, with notice to counsel and any unrepresented party. Attorneys appearing at a Settlement Conference and/or Mediation must be fully familiar with all aspects of the case and must have authority to negotiate and/or settle.   ["mediation", "settlement-conferences"] [] 9 Westchester supreme part_rules
GONZALEZ-CVA-002 Individual Part Rules, Child Victims Act Cases – Hon. Doris M. Gonzalez, J.S.C. 136 NY-SC-9JD-GONZALEZ-CVA General Compliance with Orders There shall be strict compliance with Preliminary and Compliance Conference Orders. No adjournments are permitted of discovery dates designated in an Order. Unexcused or unjustified failures to comply with requirements and deadlines fixed by the Court may result in costs, sanctions, penalties, waiver of discovery, preclusion, dismissal, striking of an answer, and/or attorneys' fees.   ["compliance-conference", "discovery-scheduling"] ["CPLR \u00a7 3126", "22 NYCRR \u00a7 202.27", "22 NYCRR \u00a7 130.2.1"] 9 Westchester supreme part_rules
GONZALEZ-CVA-003 Individual Part Rules, Child Victims Act Cases – Hon. Doris M. Gonzalez, J.S.C. 136 NY-SC-9JD-GONZALEZ-CVA Motions – ii Disclosure Disputes Prior to making a discovery motion, counsel should consult one another in a good faith effort to resolve any discovery dispute per 22 NYCRR § 202.7(a)(2). If unable to resolve, an application shall be made for a pre-motion conference via email to 9JD-CVADMG@nycourts.gov and uploaded to NYSCEF, stating the nature of the dispute and applicable law. If the discovery dispute is not resolved at the conference, a briefing schedule shall be issued prior to motion practice.   ["discovery-disputes"] ["22 NYCRR \u00a7 202.7(a)(2)"] 9 Westchester supreme part_rules
GONZALEZ-CVA-004 Individual Part Rules, Child Victims Act Cases – Hon. Doris M. Gonzalez, J.S.C. 136 NY-SC-9JD-GONZALEZ-CVA Motions – iv Motions for Summary Judgment Any motion for summary judgment must be made within 60 days from the filing of the Note of Issue and Certificate of Readiness. Stipulations to extend the time to move for summary judgment must be filed with Court approval.   ["summary-judgment", "note-of-issue"] [] 9 Westchester supreme part_rules
GONZALEZ-FSCP-001 Foreclosure Settlement Conference Part Rules – Hon. Doris M. Gonzalez, J.S.C. 134 NY-SC-9JD-GONZALEZ-FSCP Section 1.A Purpose of the Foreclosure Settlement Conference Part The purpose of the FSCP is to resolve residential foreclosure litigation by providing access to justice to all homeowners. By connecting unrepresented homeowners with civil legal services providers and housing counselors to assist and represent them during the foreclosure process, parties can engage in meaningful good-faith discussions before going through complicated, costly motion practice. The FSCP truly becomes a problem-solving part.   ["foreclosure", "settlement-conferences"] [] 9 Westchester supreme part_rules
GONZALEZ-FSCP-002 Foreclosure Settlement Conference Part Rules – Hon. Doris M. Gonzalez, J.S.C. 134 NY-SC-9JD-GONZALEZ-FSCP Section 1.B Equitable Powers All parties are directed to proceed in good faith in all foreclosure actions. In view of the equitable nature of foreclosure actions, the Court will apply all applicable statutes, rules and regulations, and equitable principles of substantial justice consistent with the law. All parties are guided to conduct themselves so as to avoid the appearance of unclean hands, bad faith, unreasonable delay, and other potential grounds for equitable relief.   ["foreclosure", "attorney-conduct"] [] 9 Westchester supreme part_rules
GONZALEZ-FSCP-003 Foreclosure Settlement Conference Part Rules – Hon. Doris M. Gonzalez, J.S.C. 134 NY-SC-9JD-GONZALEZ-FSCP Section 1.C Mandatory Electronic Filing As of January 17, 2012, residential foreclosure actions in Westchester County must be commenced utilizing the NYSCEF system. Foreclosure actions are subject to mandatory e-filing. Unrepresented parties are not required to participate in the NYSCEF system.   ["foreclosure", "e-filing"] ["22 NYCRR \u00a7\u00a7 202.5-b", "202.5-bb"] 9 Westchester supreme part_rules
GONZALEZ-IAS-001 Trial Part Rules – Hon. Doris M. Gonzalez, J.S.C. (IAS) 135 NY-SC-9JD-GONZALEZ-IAS 1 Trial Preparation – Be Prepared Prior to jury selection, counsel must ascertain the availability of all witnesses and subpoenaed documents. Plaintiff's counsel shall requisition the file to the Courtroom as soon as possible after assignment. If there are non-English speaking witnesses or other special needs (easels, blackboards, shadow boxes, television, subpoenaed material), counsel must notify the Court in advance to avoid delay.   ["trial-procedures", "trial-settings"] [] 9 Westchester supreme part_rules
GONZALEZ-IAS-002 Trial Part Rules – Hon. Doris M. Gonzalez, J.S.C. (IAS) 135 NY-SC-9JD-GONZALEZ-IAS 2 Marked Pleadings Plus Plaintiff's counsel shall furnish the Court with: (A) marked pleadings as required by CPLR 4012; (B) copy of any statutory provisions in effect at time the cause of action arose; (C) the bill(s) of particulars; (D) all expert reports relevant to the issues; (E) all reports, depositions and written statements which may be used to refresh a witness's recollection and/or cross-examine witnesses; and (F) page and line number of deposition testimony to be read into evidence.   ["trial-procedures", "exhibits"] ["CPLR 4012"] 9 Westchester supreme part_rules
GONZALEZ-IAS-003 Trial Part Rules – Hon. Doris M. Gonzalez, J.S.C. (IAS) 135 NY-SC-9JD-GONZALEZ-IAS 3 Pre-Marked Exhibits All trial exhibits should be pre-marked for identification, and copies of a list of exhibits must be given to the Court before trial actually begins. Failure to comply with this rule may result in sanctions, which may include an order precluding the offering of such exhibits at trial.   ["exhibits", "trial-procedures"] ["Davis-Eckert v. State of New York, 70 N.Y.2d 633"] 9 Westchester supreme part_rules
GONZALEZ-IAS-004 Trial Part Rules – Hon. Doris M. Gonzalez, J.S.C. (IAS) 135 NY-SC-9JD-GONZALEZ-IAS 4 Pre-Trial Conference At the pre-trial conference counsel should be prepared: to discuss settlement with demand or offer with client consent; to alert the Court as to all anticipated disputed issues of law and fact; to stipulate to undisputed facts and admissibility of clearly admissible documents; to alert the Court to anticipated in limine motions; to provide copies of all prior decisions and orders; to discuss scheduling and number of witnesses; to provide a witness list with elements of proof; and to alert the Court to anticipated problems regarding attendance at trial.   ["pre-trial-conference", "settlement-conferences", "trial-procedures"] [] 9 Westchester supreme part_rules
GONZALEZ-IAS-005 Trial Part Rules – Hon. Doris M. Gonzalez, J.S.C. (IAS) 135 NY-SC-9JD-GONZALEZ-IAS 7 Trial Objections and Arguments If a lawyer wishes to make an objection, it can be accomplished by standing and saying the word 'objection', adding up to three more words stating the generic grounds. If further argument is required, ask permission to approach the bench. Counsel will always be given the opportunity to make a full record.   ["trial-procedures", "courtroom-procedures"] [] 9 Westchester supreme part_rules
GORDON-OLIVER-001 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 1 General Parties and counsel must be on time and prepared. Counsel must speak to clients or make diligent efforts to do so prior to court appearance. On emergency basis, if attorney or client running late, email Associate Court Attorney, Secretary, and Part Clerk immediately. Petition may be dismissed if petitioner or petitioner's counsel not present by scheduled time.   ["attorney-conduct", "courtroom-procedures"] [] 9 Westchester supreme part_rules
GORDON-OLIVER-002 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 2 Correspondence/Communication with the Court Communication must be in writing, copied to all counsel including AFC and pro se litigants. Correspondence must include family unit number, email, telephone, and street address of sender. Do not copy the Court unless necessary to advise of emergency or Court intervention required. NO communication should be sent directly to the Judge. Any ex parte communication will be returned to sender and/or disseminated to all parties.   ["communication-preferences"] [] 9 Westchester supreme part_rules
GORDON-OLIVER-003 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 3 Virtual Proceedings NO virtual appearances unless specifically directed by the Court. When virtual appearances scheduled, use Part's general Microsoft Teams link. Counsel and parties must be in private, quiet area without others in earshot. Participants must be appropriately attired. No eating, drinking, driving, walking, or smoking during virtual proceedings. Recording, broadcasting, or streaming of Family Court proceedings is prohibited per Rules of the Chief Judge 29.1.   ["remote-hearings", "courtroom-procedures"] ["Rules of Chief Judge 29.1"] 9 Westchester supreme part_rules
GORDON-OLIVER-004 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 4 Adjournments All adjournments must be approved by Court even when parties consent. Request in writing and submitted by email to Court Attorney Monique Hardy and copied to Part Secretary. Requests must be made at least 48 hours in advance with: reason for adjournment; supporting proof; and whether other parties consent or object. On consent, must include at least 3 future dates within 4 weeks of scheduled date. Petitioners not granted adjournment for Preliminary Proceedings unless extraordinary circumstances. Respondents requesting adjournment of Preliminary Proceeding must acknowledge service and waive defects. Engagement adjournments per 22 NYCRR §125.1 with required affidavit.   ["adjournments", "preliminary-conference"] ["22 NYCRR 125.1"] 9 Westchester supreme part_rules
GORDON-OLIVER-005 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 5 Coverage Case coverage is responsibility of attorney of record. Failure to find coverage or notify Court may result in reassignment. All AFCs expected to give status to Court on their client at every appearance and speak with clients prior to each appearance. Covering attorney must be fully familiar with case and have full authority to enter into any agreement, substantive or procedural.   ["attorney-conduct"] [] 9 Westchester supreme part_rules
GORDON-OLIVER-006 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 6 Filings/Orders/Decisions All filings for Court's signature filed with Clerk's Office per court website protocols. Drafted orders must be circulated to all attorneys and reviewed by parties before presentation. Notice of settlement max 2 weeks unless otherwise agreed. If opposition to proposed order, objecting attorney submits counter order with cover letter before settlement date.   ["scheduling-orders"] [] 9 Westchester supreme part_rules
GORDON-OLIVER-007 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 7 Motions/Orders to Show Cause OSC, Motions, Response/Opposition, and Reply must be filed with Clerk's Office with courtesy copy to Chambers via email. All motions and OSC must conform with statutory requirements including CPLR §2214. OSC requesting interim relief must comply with 22 NYCRR 202.7. Motions returnable on matter's next scheduled appearance unless directed otherwise. Subpoenas must be properly captioned and filed with Clerk's Office with courtesy copy to Chambers.   ["hearing-procedures", "discovery-disputes"] ["CPLR 2214", "22 NYCRR 202.7", "CPLR 2306", "CPLR 2307"] 9 Westchester supreme part_rules
GORDON-OLIVER-008 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 12 Trial Procedure When matter is scheduled for trial, parties must appear ready to proceed. Trial time may NOT be used for settlement discussions. Motions in Limine must be filed in writing advising Court of issues in advance. Before trial begins, counsel must provide exhibit list and pre-mark all exhibits. For evaluations, parties requesting mental health/forensic evaluations should agree on evaluator and on report being admitted into evidence; if no agreement, each submits name/CV of proposed evaluator. Reports not provided to litigants but may be provided to counsel upon filing Non-Disclosure Affirmation.   ["trial-procedures", "exhibits"] [] 9 Westchester supreme part_rules
GORDON-OLIVER-009 Part Rules – Hon. Arlene Gordon-Oliver 118 NY-FC-9JD-GORDON-OLIVER 15 Settled Cases Counsel must notify Court immediately if a case is settled. Court will not entertain stipulations without appearance by all parties and counsel. Stipulation must be submitted prior to appearance and must contain complete voir dire language signed by all parties and counsel including AFC. Court will schedule brief hearing to make record of settlement and voir dire parties.   ["settlement-conferences"] [] 9 Westchester supreme part_rules
HYER-001 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER C Communications with the Court All correspondence to the Court must bear the full Title and Index Number of the action and indicate that a copy was sent to all other counsel simultaneously with transmittal to the Court. Correspondence addressing substantive non-procedural issues, such as adjournments, will not be considered absent approval. Correspondence to the Court shall be transmitted by NYSCEF only. Telephone calls are permitted only in urgent situations. E-Mails to the Court's staff are to be avoided whenever possible.   ["communication-preferences", "e-filing"] [] 9 Westchester supreme part_rules
HYER-002 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER D E-Filing Rules and Protocol Counsel and self-represented litigants shall familiarize themselves with the statewide E-Filing Rules and the Joint Protocols for Westchester County. Working copies of all legal papers which require judicial action are not required, except in motions with large records to be reviewed. All working copies must include a copy of the NYSCEF Confirmation Notices and shall be submitted to Chambers within twenty-four (24) hours of e-filing.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
HYER-003 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.b Adjournment of Conferences A request to adjourn a conference must be made in writing, by NYSCEF ONLY, at least two (2) full business days in advance of the scheduled conference, unless there is an emergency. All applications for adjournments must set forth: (1) The reason why an adjournment is necessary; (2) Whether the opposing part(ies) consent(s) or object(s); (3) The length of the adjournment sought or, if on consent, three (3) dates and times all parties are available.   ["adjournments", "conference-procedures"] [] 9 Westchester supreme part_rules
HYER-004 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.c Preliminary Conferences At the Preliminary Conference, the Court will set specific dates for completion of various items of discovery, the date by which all disclosure must be completed, and the dates for a Compliance Conference and Settlement Conference. All counsel and self-represented litigants are expected to abide by, and comply with, the Court's discovery schedule and deadlines. No modifications of the dates set by the Court are permitted, except by Court Order.   ["preliminary-conference", "discovery-scheduling", "scheduling-orders"] ["22 NYCRR 202.20-e"] 9 Westchester supreme part_rules
HYER-005 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.d Discovery Disputes Parties who have a discovery dispute shall not wait until the Compliance Conference to bring such dispute to the Court's attention. Counsel must discuss, in good faith, the claimed non-compliance. A pro forma letter does not constitute a good faith effort. There must be actual, substantive communication between counsel, either telephonically or in writing. The parties are not to copy the Court on correspondence between counsel concerning discovery issues.   ["discovery-disputes", "depositions"] ["22 NYCRR 202.7", "22 NYCRR 221.1", "22 NYCRR 221.2"] 9 Westchester supreme part_rules
HYER-006 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.e Compliance Conferences At least twenty-four (24) hours prior to any scheduled Compliance Conference, counsel shall file deficiency notices setting forth with specificity any alleged discovery deficiencies, as the failure to do so may result in a waiver and/or preclusion. At the Compliance Conference, the Court will ensure that discovery is proceeding as scheduled, or has been completed, so that the Court can direct a date by which a Notice of Issue shall be filed.   ["compliance-conference", "note-of-issue"] [] 9 Westchester supreme part_rules
HYER-007 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.f Settlement Conferences Per diem counsel are not permitted. Counsel attending the Settlement Conference must be fully familiar with the action and authorized to discuss all factual and legal issues, settlement demands or offers, witness scheduling, and trial procedure. Counsel must be authorized to enter into binding settlements. Counsel/self-represented litigants must exchange settlement proposals at least forty-eight (48) hours in advance of the Settlement Conference.   ["settlement-conferences", "conference-procedures"] [] 9 Westchester supreme part_rules
HYER-008 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.g Pre-Trial Conferences At the Pre-Trial Conference, the Court shall be provided with a Trial Notebook containing: marked pleadings; copies of all prior Decisions or Orders; a fully executed Stipulation of relevant facts not in dispute; forensic reports, appraisals and evaluations; CPLR 3101(d) expert witness disclosures; an exhibit list and pre-marked exhibits (Plaintiff numbered, Defendant lettered, exchanged at least seven (7) business days prior); a List of Witnesses; Joint Statement of Proposed Disposition; Child and Spousal Support Worksheets if applicable; Updated Statements of Net Worth.   ["pre-trial-conference", "exhibits", "matrimonial"] ["CPLR 3101(d)"] 9 Westchester supreme part_rules
HYER-009 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER F Motions in Limine Any applications addressing the preclusion of evidence, testimony or other trial related matters shall be brought to the attention of the Court immediately upon counsel becoming aware of such matter and at the latest, must be in writing and made returnable on the day of the Pre-Trial Conference. Such motions must be made on no less than seven (7) days' notice. No reply submissions may be made.   ["hearing-procedures", "trial-procedures"] [] 9 Westchester supreme part_rules
HYER-010 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER G Motions/Orders to Show Cause Parties may only file motions and cross motions by Order to Show Cause. ALL MOTIONS, EXCEPT IN EMERGENCIES, REQUIRE COURT APPROVAL PRIOR TO BEING FILED. Absent express permission, briefs/memoranda of law are limited to twenty (20) pages each, and affirmations and affidavits are limited to fifteen (15) pages each. Sur-Reply papers are not permitted.   ["hearing-procedures", "page-limits", "briefing-schedule"] [] 9 Westchester supreme part_rules
HYER-011 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER V Alternative Dispute Resolution / Mediation It is the policy of the Unified Court System to encourage the resolution of civil legal disputes by methods including mediation, arbitration, neutral evaluation, in-court settlement practices, and summary jury trials. The following types of cases are subject to Presumptive Mediation in Westchester County Supreme Court: Matrimonial cases involving W-2 employees with issues of maintenance, child support, and equitable distribution; and Post Judgment cases.   ["mediation", "matrimonial"] [] 9 Westchester supreme part_rules
HYER-SP-001 Individual Part Rules of Justice James L. Hyer (Spanish Translation) 149 NY-SC-9JD-HYER NOTE Unofficial Spanish Translation Notice ****TRADUCCION EN ESPAÑOL NO ES OFICIAL**** This document is the unofficial Spanish-language translation of Justice James L. Hyer's Individual Part Rules for the Supreme Court of the State of New York, County of Westchester. All substantive rules are identical to the English version.   ["part-rules"] ["PR_JLHyer.txt"] 9 Westchester supreme part_rules
KOBA-001 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA I Communications with the Court No written correspondence may be sent to the Court without prior permission except correspondence regarding the scheduling of appearances and requests for adjournments addressed to the Part Clerk. Written correspondence sent by letter, fax or any other means, without permission, will not be read and will be discarded. All correspondence sent to the Court with its permission must bear the full Title and Index Number of the action. The Court does not accept legal papers of any kind by fax transmission.   ["communication-preferences"] [] 9 Westchester supreme part_rules
KOBA-002 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA II.C Adjournment of Conferences A request to adjourn a conference must be made in writing by email only to the Part Clerk at least forty-eight (48) hours in advance of the scheduled conference. All applications for adjournments must set forth: 1) the reason why an adjournment is necessary; 2) whether the opposing party(ies) consent(s) or object(s); and 3) the length of the adjournment sought or, if on consent, a date all parties are available. The Court will advise the requesting party by reply email whether the requested adjournment has been granted.   ["adjournments", "conference-procedures"] [] 9 Westchester supreme part_rules
KOBA-003 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA II.D Preliminary Conference All requests for a Preliminary Conference shall be made in accordance with 22 NYCRR §202.12(a). The Preliminary Conference will be conducted in accordance with 22 NYCRR §202.12(c) and the CCM Rules. At the Preliminary Conference, the Court will set specific dates for completion of various items of discovery and a date for a Compliance Conference. No modifications of the dates set by the Court are permitted except by Order of the Court.   ["preliminary-conference", "scheduling-orders", "discovery-scheduling"] ["22 NYCRR \u00a7202.12(a)", "22 NYCRR \u00a7202.12(c)", "22 NYCRR \u00a7202.56(b)"] 9 Westchester supreme part_rules
KOBA-004 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA II.E Compliance Conference The Court will conduct a Compliance Conference on the date set forth in the Preliminary Conference Order. The Court will ensure that discovery proceeded as scheduled. At least 72 hours before any scheduled compliance conference, counsel shall submit a joint email to the Part Clerk setting forth the date of their consultation, discovery issues resolved per their agreement, proposed dates for completing the outstanding discovery and all issues that could not be resolved by agreement.   ["compliance-conference", "discovery-scheduling"] [] 9 Westchester supreme part_rules
KOBA-005 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA II.F Discovery Disputes No motion concerning a discovery dispute shall be made until a pre-motion conference has been requested and held in accordance with 22 NYCRR §202.20-f and section IV, subdivision C of the CCM Rules. Counsel who believes that discovery is not being conducted in accordance with the Court's Order is to confer, in good faith, as required by Court Rule §202.7, regarding the alleged noncompliance with the allegedly noncompliant Counsel.   ["discovery-disputes"] ["22 NYCRR \u00a7202.7", "22 NYCRR \u00a7202.20-f"] 9 Westchester supreme part_rules
KOBA-006 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA II.G Trial Readiness Conference and Summary Judgment At the Trial Readiness Conference, the Court will expect that all discovery is completed so that the Court may certify that the case is ready for trial through issuance of a Trial Readiness Order. If a party wishes to file a motion for summary judgment, the same must be made in accordance with section IV, subdivision F of the CCM Rules and 22 NYCRR §202.8-g. There shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.   ["summary-judgment", "note-of-issue", "scheduling-orders"] ["22 NYCRR \u00a7202.8-g"] 9 Westchester supreme part_rules
KOBA-007 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA II.H Settlement Conference Any party may request a settlement conference with the Court at any time. In addition to the attendance of Counsel with authority to settle, the Court requires the attendance of the parties to the action unless otherwise directed. At least forty-eight (48) hours before the settlement conference, each party must submit to the Court the completed Settlement Conference Form attached to the Court Notice scheduling the conference.   ["settlement-conferences", "conference-procedures"] [] 9 Westchester supreme part_rules
KOBA-008 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA III Motions and Orders to Show Cause All Motions shall be returnable on Thursdays and are on submission only. Plaintiffs shall designate exhibits by number, and Defendants shall designate exhibits by letter. Multiple documents shall not be grouped together under a single exhibit. Each exhibit shall contain only a single document separately uploaded to NYSCEF. No more than three (3) adjournments of any Order to Show Cause or cross-motion will be permitted. The total period of time that an Order to Show Cause may be adjourned shall not exceed sixty (60) days.   ["hearing-procedures", "adjournments", "exhibits"] ["22 NYCRR \u00a7202.8-b"] 9 Westchester supreme part_rules
KOBA-009 Individual Part Rules of Hon. Nancy Quinn Koba, J.S.C., Supreme Court of the State of New York, County of Westchester 157 NY-SC-9JD-KOBA V Trials and Hearings On the date of commencement of the Trial, the parties shall submit: pre-trial memoranda of law compliant with 22 NYCRR §202.20-h(a); a copy of all expert reports; for jury trials, proposed jury charges and special verdict sheets; a joint stipulation regarding undisputed material facts; witness lists compliant with 22 NYCRR §202.37; exhibit books compliant with 22 NYCRR §202.20-h(b); pre-marked exhibits compliant with 22 NYCRR §202.34; and all Motions In Limine.   ["trial-procedures", "exhibits", "pre-trial-conference"] ["22 NYCRR \u00a7202.20-h", "22 NYCRR \u00a7202.37", "22 NYCRR \u00a7202.34"] 9 Westchester supreme part_rules
MALONE-001 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE I Communications with the Court Correspondence regarding the scheduling of appearances, requests for conference adjournments, and unresolved discovery issues after exercising due diligence, may be submitted to the Court via NYSCEF along with the case caption, index number, and sufficient detail for the Court's consideration and approval. In paper cases, all correspondence to the Court must be by E-Mail to 9JD-JudgeMalone@nycourts.gov.   ["communication-preferences", "e-filing"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
MALONE-002 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE II.B Adjournment of Conferences A request to adjourn a conference must be made in writing, via NYSCEF and email to 9JD-JudgeMalone@nycourts.gov at least twenty-four (24) hours in advance of a scheduled conference. All applications for adjournments must set forth: 1) reason why an adjournment is necessary; 2) whether the opposing party(ies) consent(s) or object(s); and 3) the length of the adjournment sought.   ["adjournments", "conference-procedures"] [] 9 Westchester supreme part_rules
MALONE-003 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE II.C Preliminary Conference If the proposed Preliminary Conference Order is received three (3) days in advance of the scheduled Preliminary Conference, the parties need not appear on the date of the Preliminary Conference. All parties shall appear on the Preliminary Conference date if there is a scheduling issue that needs to be resolved by the Court. In medical, dental, and podiatric malpractice actions counsel are referred to 22 NYCRR §202.56(b) and counsel in matrimonial actions are referred to 22 NYCRR §202.16.   ["preliminary-conference", "conference-procedures"] ["22 NYCRR 202.12(c)", "22 NYCRR 202.56(b)", "22 NYCRR 202.16"] 9 Westchester supreme part_rules
MALONE-004 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE II.D Compliance Conference Only counsel or self-represented parties who are fully familiar with a case and authorized to enter into binding agreements on all aspects of the case are to appear for conferences. The Court will conduct a Compliance Conference after the date by which disclosure was to be completed as directed at the Preliminary Conference.   ["compliance-conference", "conference-procedures"] [] 9 Westchester supreme part_rules
MALONE-005 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE II.E Settlement Conference The Court may conduct a Settlement Conference approximately thirty (30) days after the Compliance Conference. On or before the date of the Settlement Conference, counsel must provide the Court and opposing counsel with: marked pleadings, all Bills of Particulars, all medical narrative reports, all expert disclosures, a list of probable trial witnesses, and all prior Decisions or Orders.   ["settlement-conferences", "conference-procedures"] ["CPLR \u00a74012", "CPLR \u00a73101(d)"] 9 Westchester supreme part_rules
MALONE-006 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE III Discovery Motions The parties are NOT to make any motion concerning discovery without the express approval of the Court. Parties who have a discovery dispute are NOT to wait until the Compliance Conference to bring such dispute to the Court's attention. Rather, counsel who believes that discovery is not being conducted in accordance with the Preliminary Conference order is to discuss, in good faith, as required by Court Rule §202.7, the claimed noncompliance.   ["discovery-disputes", "discovery-scheduling"] ["22 NYCRR 202.7"] 9 Westchester supreme part_rules
MALONE-007 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE IV Motions/Orders to Show Cause/TROs Written applications by Notice of Motion must be made returnable on any Wednesday. Absent express permission obtained in advance from the Court, briefs/memoranda of law, affirmations and affidavits are limited to 15 pages each. Motion papers are limited to Moving Papers, Opposing Papers, and Reply. SUR-REPLY PAPERS ARE NOT PERMITTED UNLESS EXPRESSLY AUTHORIZED BY THE COURT FOR GOOD CAUSE.   ["hearing-procedures", "page-limits", "briefing-schedule"] ["CPLR R 2214"] 9 Westchester supreme part_rules
MALONE-008 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE VI Foreclosure Actions All motions in foreclosure actions must include a proposed order which disposes of the motion or application for the Court's signature. All proposed Orders of Reference submitted to the Court must contain specific ordered paragraphs including referee fees ($350 for computation report, $500 upon sale), Part 36 compliance certification, and a 30-day deadline for the computation report. Plaintiff shall make application for Judgment of Foreclosure and Sale no later than ninety (90) days of the date of the Order of Reference.   ["foreclosure"] ["22 NYCRR Part 36"] 9 Westchester supreme part_rules

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CREATE TABLE provisions (
    provision_id TEXT PRIMARY KEY,
    doc_id INTEGER REFERENCES documents(doc_id),
    judge_id TEXT REFERENCES judges(judge_id),
    rule_number TEXT,
    title TEXT,
    text TEXT,
    source_page INTEGER,
    topics TEXT,
    cross_references TEXT,
    judicial_district INTEGER,
    county TEXT,
    court_type TEXT DEFAULT 'supreme',
    doc_type TEXT DEFAULT 'part_rules'
);