provisions: NY-SC-1JD-SHARPE-003
Data license: Government edicts — not subject to copyright · Data source: nycourts.gov
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| NY-SC-1JD-SHARPE-003 | 34 | NY-SC-1JD-SHARPE | 3 | Motion Practice | a. Filing Motions: Part 52 is a mandatory e-filing part. All motions must be electronically filed with the General Clerk's Office, except pro-se litigants or cases of undue hardship. b. Submission of Proposed Orders: Each motion submitted for decision should include a proposed order as the final attachment to the motion. No compliance conference, stipulation, or order shall direct any party to submit records or other evidence to the Court for an in-camera review without the Court's approval. c. Discovery Motions: Discovery motions shall not be filed without prior approval from the Court. Prior to making any request, the parties must first request a discovery conference with the DCM Part. The affirmation of good faith must include the times and dates the parties conferred in person, virtually, or by telephone. Email communication as a sole representation of good faith is not sufficient. d. Summary Judgment Motions: All summary judgment motions must be e-filed no later than 120 days after filing the Note of Issue. All exhibits must be e-filed as separate documents with identifying labels and paginated, with pinpoint citations for voluminous exhibits. Absent good cause, discovery shall continue while a summary judgment motion is pending. e. No Courtesy Copies: Please do not send any courtesy (paper) copies of any motion papers or related documents directly to the Part or Chambers, unless requested by the Court. f. Oral Arguments: Oral arguments on motions are held at a time certain on Wednesdays, in person, at 111 Centre Street, Room 1045, commencing at 9:45am, subject to default fifteen (15) minutes after the scheduled calendar call. Requests for oral arguments shall be included in the Notice of Motion or in the Opposition papers. g. Adjournments: Motions scheduled for oral argument may be adjourned for no more than thirty (30) days from the original argument date without leave of Court, upon consent of all sides. Stipulations of adjournment must contain a reason for the adjournment(s) and must be e-filed with a copy e-mailed to the Part Clerk no later than 11:00AM on the Friday before the Wednesday argument date. h. Settlement Authority: Counsel appearing for scheduled oral arguments are expected to have knowledge of the procedural history and substantive issues of the case, and must have settlement authority. | 1 | ["briefing-schedule", "hearing-procedures", "summary-judgment", "e-filing", "oral-argument", "discovery-disputes", "courtesy-copies", "adjournments"] | ["22NYCRR 202.7"] | 1 | New York | supreme | part_rules |