Filing of Papers in Supreme Court
All paper motions must be filed, and the appropriate fee paid to the Bronx County Clerk in Room
118. Generally, the filing of papers is governed by the Civil Practice Law and Rules (CPLR), and the Uniform Rules for New York State Trial Courts, 22 NYCRR section 202. Any papers filed in court shall comply with: CPLR 105(t), 2101, 8019(b) and (e); and 22 NYCRR sections 202.5, and 130-1.1A.
Request for Judicial Intervention
Generally, the Request for Judicial Intervention, commonly referred to as an “RJI”, is required to be filed in any action where the assignment of a Justice is required. The RJI sets forth the information which is entered into the court system’s database. It must be completely and accurately filled out. The full caption, as stated on the Summons, must be set forth. Use of terms “et al.” and “etc.” are not permitted. Only one RJI (revised 11/24/2022) may be filed in each action. The affirmation at the end of the form must be signed by the filer. Except in the case of an ex-parte application, the RJI must also be served together with the accompanying application upon all parties.
Proof of accuracy of the index number must accompany the RJI. See 22 NYCRR section 202.6.
Check the Fee Schedule on the menu for any applicable filing fees.
Notice of Motion
A Notice of Motion must be served in accordance with CPLR 2214 and CPLR R 2103. All unassigned paper motions must be accompanied with a properly filled out RJI and shall be filed in the Bronx County Clerk’s Office Room 118, within five days of service. All motions on actions already assigned to a Justice must be filed at least five business days before the return date. The Bronx Supreme Court Motion Support Office will administratively reschedule applications to the next business day in any of the following situations:
- Any application noticed for a holiday
- Any application noticed for a Saturday or a Sunday
If an application is administratively rescheduled pursuant to the above, the movant will be responsible for notifying all parties of the administratively rescheduled date which can be ascertained at E-Courts.
Requests for Preliminary Conference
A party may request a preliminary conference at any time after service of process. The request shall state the title of the action, index number, names, addresses and telephone numbers of all attorneys appearing in the action, and the nature of the action. If the action has not been assigned to a judge, the party shall file a request for judicial intervention (RJI) together with the request for preliminary conference. The request shall be served on all other parties and be filed with the clerk for transmittal to the assigned judge [22 NYCRR] 202.12. Medical, dental, and podiatric malpractice actions: These actions must file a Notice of Malpractice for a preliminary conference to be scheduled [22 NYCRR] 202.56. A Notice of Malpractice must be filed within sixty days after joinder of issue by all defendants named in the complaint or after the time for the defaulting party to appear, answer or move with respect to the pleading has expired. The form and content must be as contained in [22 NYCRR] 202.56. Such notice shall be filed after the expiration of sixty days only by leave of the court on motion and for good cause shown.
Notes of Issue
To put an action on the trial calendar, you must file an original and one copy of the Note of Issue,
Certificate of Readiness and Affidavit of service. [22 NYCRR] 202.21. The note of issue must be
filed in the clerk's office within ten days of service. A note of issue can only have one index number and one caption, and the caption must be complete (no et. al. or etc. etc.). If one or more actions have been consolidated you should supply the clerk with the order of consolidation showing the consolidated index number and caption. If one or more actions have been joined for trial each action must file a separate note of issue.
Special Proceedings
Special proceedings in Supreme Court, Bronx County must be commenced by filing a petition with the County Clerk, Room 118, 851 Grand Concourse. Upon the filing of the petition and payment of appropriate fees, an index number will be assigned. To calendar a Notice of Petition, first serve all papers, using the index number that was assigned, and then file the Notice of Petition, Request for Judicial Intervention, and proof of service to Room 118. If moving by Order to Show Cause, all papers can be brought to Room 118 immediately after filing the petition.
Motion Procedure
All assigned and unassigned motions will be returnable five (5) days a week in the Civil Branch
Clerk's Office, Room 217, at 9: 30 A. M. Unassigned motions must be filed in the Bronx County
Clerk's Office Room 118 within five (5) days of the date of service of the motion. Assigned motions must be filed in the County Clerk's Office Room 118 not less than five (5) business days prior to the return date of the motion. Cross motions are filed in the County Clerk’s Office in Room 118, provided that there is a motion already calendared.
All papers served must strictly comply with the time requirements of C.P.L.R. Sections 2101, 2103 and 2214(b). Motions will be deemed submitted on the return date and forwarded to Chambers unless a stipulation of adjournment complying with the requirements of Rule 202.8(e) is filed, in which event, the motion will be adjourned for the requested date and adjourned to the submitted motions calendar. If a non-stipulated request for adjournment or notice is submitted, the motion and request will be forwarded to Chambers for judicial approval or denial of the request. The attorney requesting the adjournment is instructed to notify his adversary of the granting or denial of the request. The Judge`s Part Rules should be consulted. Part Rules | NYCOURTS.GOV
If on any submitted non-disclosure motion oral argument is requested and granted, or directed by the Court, the motion shall be adjourned for oral argument before the I.A. Judge.
Counsel/parties must advise the Court in writing on or before the return date of all motions that have been resolved by Counsel/parties themselves and all motions the movant(s) wish to be withdrawn.
In lieu of contacting the Clerk's Office, counsel and Pro Se litigants may check the Law Journal or see Case Information for motion decisions.
Preliminary Conferences
Please consult the Judge`s Part Rules. Part Rules | NYCOURTS.GOV
The Summary Jury Trial Program & Process
SUMMARY JURY TRIAL PROCESS: BRONX RULES & PROCEDURE
General Features:
• An SJT is a binding one day jury trial with relaxed rules of evidence
• Medical evidence can be submitted without live medical testimony
• Hi-Low parameters can be stipulated to, i.e. $0/$25k, $50k/$25/k, etc.
• No Appeal
• No directed verdicts
• No motions to set aside the verdict
• A date certain for trial
• Innovative methods of case presentation to the jury, direct submission to jury of medical records, reports, power point presentations, etc.
• Supreme Court Judge to preside at the trial
• CLE to be given by Bronx Bar Association
General Rules:
• Written stipulation by attorneys to participate
• Signed waiver of right to appeal and waiver of post-trial motions
• Findings of Fact/Conclusions of Law not required
• Judgment not entered, instead releases and stipulations are exchanged
• Pre-marked exhibits, medical records, reports, photos, diagrams, etc. can be submitted directly to jury
• Any evidence, trial notebook, etc. to be submitted to jury must be exchanged 30 days in advance or it is precluded
• Evidentiary hearing held 10 days before trial to resolve objections, redactions and any other pretrial issues
• Medical records need not be certified or affirmed
• Video live/pre-recorded testimony permitted
• Similar in various respects to the NJI program
General Procedure:
• Abbreviated jury selection
• 10-minute opening and closing for each side
• One hour for case presentation and cross examination by each side
• Modified jury charges
• Record can be waived if all sides agree
Commercial Division
Since it was first launched in 1995 the Commercial Division of the Supreme Court has enjoyed
tremendous success bringing meaningful resolution to highly complex cases. We are pleased to announce that Bronx County will usher in our own Commercial Part beginning September 3, 2019.
The monetary threshold for commercial cases in Bronx County will be $75,000. All other
parameters including the type of matters that will be heard are contained within the Rules of the Commercial Division of the Supreme Court (22 NYCRR §202.70).
The Honorable Fidel E. Gomez has been designated the Commercial Division Justice for Bronx County. All parties appearing before JSC Gomez shall refer to Section 202.70 and his individual part rules for the newly created Commercial Part 32. Judge Gomez's Part Rules.pdf
Please see our Commercial Division page.
Child Victims Act
The Child Victims Act (“CVA”), signed into law by Governor Andrew Cuomo on February 15, 2019,
allows victims of child sex abuse to seek prosecution against their abuser until the age of 55 in civil cases. The law also permits revival of matters previously dismissed on statute of limitations
grounds. The filing of these matters are now closed (effective 08/12/2021) .
In accordance with the July 19, 2019, Administrative Order of the Chief Administrative Judge of the Courts, Hon. Lawrence K. Marks, the Supreme Court, Bronx County, hereby establishes three
dedicated CVA parts. Supreme Court Justices Hon. Alicia M. Gerez, Hon. Michael Frishman, and
Hon. Marissa Soto shall each preside over their own CVA part. Parties appearing in the CVA parts
shall be guided by 22 NYCRR § 202.72; CPLR §§ 215, 213-c; 208(b), and 214-g; and each
individual Judge’s part rules.