Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM. There are some differences in electronically-filed cases, which are noted below and explained in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases on this site (under E-Filing). E-filing through the New York State Courts Electronic Filing System ("NYSCEF") is mandatory in all cases (except for Article 70 (habeas corpus) proceedings, Article 78 proceedings, and election law, matrimonial, and Mental Hygiene Law matters.) E-filing is consensual in uncontested matrimonial cases and Article 78 proceedings.
A. INTAKE AND PROCESSING OF MOTIONS/SPECIAL PROCEEDINGS
Papers to be Filed to Calendar Motions/Petitions:
E-Filed Cases: In an e-filed case, all of the moving papers shall be e-filed at least eight business days prior to the return date. The clerk will calendar the motion for the Motion Submission Part Courtroom (Room 130) for the return date selected. Some Justices require that working copies of e-filed motion papers be submitted. See the E-filing Protocol for information on the many Parts that do not require working copies. Where required, working copies of the moving documents and all other documents on the motion or application shall be submitted to the Motion Submission Part Courtroom (Room 130) on, but not before, the final return date. A Confirmation Notice from the NYSCEF system, which is generated when a document is e-filed, shall be firmly affixed, as the back page facing out, to each separate working copy or group of such copies. Where in the narrow circumstances described by the e-filing rules a motion is made in hard-copy form or opposition papers are submitted in such form in an e-filed case, the hard-copy documents shall be submitted in the same way papers are submitted in non-e-filed cases, except that there shall be firmly affixed to each separate document or group of documents, as the back page facing out, a Notice of Hard Copy Submission - E-Filed Case. Self-represented parties, however, are not required to e-file unless they choose to do so and if not participating do not have to attach the Notice of Hard Copy Submission.
Hard Copy Cases: In hard copy cases, an attorney seeking to calendar a motion/petition on notice shall present to the General Clerk's Office (Room 119) only the original notice of motion/petition, proof of service thereof, and any annexed Rule 202.7 affirmation/affidavit. Affidavits or affirmations in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Submission Part Courtroom (Room 130) on the final return date. An attorney whose office is located outside the County of New York may submit to the General Clerk's Office by mail or express delivery service the notice of motion/petition, proof of service, and 202.7 affirmation/affidavit and the photocopy thereof, together with the motion fee ($45) in the form of a money order or attorney's check (a law firm or Esq. check with New York address) made payable to the New York County Clerk (personal checks are not accepted unless certified), provided that the package arrives within the time set forth in the next paragraph.
The original notice of motion/petition, proof of service, and affirmation of good faith in a hard-copy case shall be presented to the General Clerk's Office no later than five business days before the original return date, but no earlier than 30 days prior to that date. Any such submission that is presented more than 30 days prior to the return date will not be accepted at that time.
Filing the Request for Judicial Intervention: In an unassigned case, counsel must submit an RJI (UCS 840, 2012 version, and addendum, if required) and, in a hard-copy case, exhibit an index number receipt as proof that an index number fee was paid. If the filer is a party to a case in which someone else purchased the index number, a receipt showing that the purchase has been made can be obtained from a computer terminal in the County Clerk’s Office. The RJI and any addendum can be completed and submitted electronically in an e-filed case.
RJIs and Case Assignment -- Commercial Division:
Attorneys who seek assignment of an action to the Commercial Division must submit a Request for Judicial Intervention (UCS 840, 2012 version) marked to reflect that the case involved is a commercial one, together with a completed Commercial Division RJI Addendum (UCS 840C) certifying that the case meets the requirements of the Division set forth in Uniform Rule 202.70 (a), (b), and (c). Uniform Rule 202.70 (d). In a hard-copy case a copy of the pleadings shall be submitted as well. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part.
An RJI seeking assignment to the Commercial Division shall be filed within 90 days after service of the complaint. Failure to so file generally precludes a party from seeking such an assignment. See Uniform Rule 202.70(d)and(e).
The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 500,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees). If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. There are two categories of exception. First, the threshold is not applicable and the case may be assigned to the Division if it seeks equitable or declaratory relief. Uniform Rule 202.70 (b). Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel a commercial arbitration or affirm or disaffirm a commercial arbitration award or seeks related injunctive relief where the agreement calls for the arbitration to be heard outside the United States. (Domestic commercial arbitration matters are subject to the threshold.) Uniform Rule 202.70 (b) (4), (5), (11), (12). In this review the clerk will not consider whether the case is otherwise the type of matter eligible for assignment to the Division, as provided in Rule 202.70 (b) and (c), which shall be a question for the Division Justice. If the clerk’s review determines that the threshold is not met and the matter does not fall within one of the exceptions, the clerk will assign the case at random to a General Assignment Part. If the threshold is met or if an exception applies, the clerk will assign the case at random to a Commercial Division Justice, who will review the case to ensure that it is one that properly belongs in the Division as provided by Rule 202.70 (b) and (c). See Subd. (f) (1).
The rules provide for application to the Administrative Judge to review certain assignment determinations. Any such application must be made in a timely manner. Uniform Rule 202.70 (e) and (f) (2). Rulings of the Administrative Judge have been posted on the Division website (under “Decisions Online” on the New York County home page).
The RJI shall be marked to reflect the existence of any "related case" as explained on the "Commencement of Cases" page under "Case Processing" on this site.
Processing the RJI:
The General Clerk's Office will process the RJI and, via computer, randomly assign the case. Once the fee for the motion/petition, if required (see below), has been paid, the General Clerk's Office will record the motion/petition and the return date in the court's case history computer system and give the motion/petition an identifying number (a "sequence number," such as "Seq. No. 2"), which will also be recorded in the computer. The next motion/petition presented to the court in that matter will be assigned the next sequence number in numerical order. Cross-motions are not assigned sequence numbers, i.e., they are treated as appendages to the main motion for processing purposes.
Special Proceedings and 3213 Motions:
In special proceedings and with regard to motions pursuant to CPLR 3213, counsel should file the original petition and a summons and the original motion papers with the County Clerk to commence the case, e-filing them when required. CPLR 304. A duplicate original of the petition, the original notice of petition, and an original affidavit of service in a special proceeding, and a duplicate original of the 3213 papers and an original affidavit of service in any such motion-action shall be filed with the General Clerk's Office or e-filed when required.
Review of Papers for Form:
When papers have been submitted to the General Clerk's Office in the manner described above for the purpose of calendaring a motion/petition, the staff will review the papers for form (e.g., to be sure that proof of service has been filed in a hard-copy case, that the motion/petition has been made returnable in the Motion Submission Part Courtroom (Room 130) on a business day at 9:30 AM). If any defects in the papers are found, the staff will note those defects for counsel. The papers will not be "rejected" (CPLR 2102 (c)) except as permitted in e-filed cases and as allowed by Uniform Rule 202.5 (d). Defects noted by the clerk but not corrected by counsel may be brought to the attention of the assigned Justice. In e-filed cases, required working copies that do not bear a Confirmation Notice and permitted hard copies that do not bear a Notice of Hard Copy Submission - E-Filed Case will be rejected by the clerk, as provided in the rules.
Filing Fee on Motions and Cross-Motions:
Filing Fee on Motions Required:
A motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed. Applications or motions that commence an action and for which an index number fee must be paid require no motion fee. Thus, for example, an application commencing an Article 78 or other special proceeding or a motion pursuant to CPLR 3213 would not require a motion fee because this application or motion requires an index number fee. An ex parte application for pre-action disclosure (CPLR 3102 (c)) would likewise not require payment of the motion fee. However, any motions made after the initial applications in these situations would require payment of the motion fee. A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. Uncontested matrimonial matters do not require payment of the motion fee.
The fee must be paid on written cross-motions filed in opposition to motions on which a fee is required and also in opposition to applications or petitions for which a motion fee is not required.
The fee must be paid on post-judgment motions and cross-motions made in writing.
Procedures for Fee Payment for Motions/Cross Motions:
In e-filed cases the motion fee must be paid when the documents are filed. Payment is made on-line by Visa, Mastercard, or American Express credit or bank card.
In hard copy cases, attorneys making motions by notice of motion should present the papers to the General Clerk's Office (Room 119, 60 Centre Street) in the first instance as described above. The staff of that office will inspect the papers for form as noted above. This review will be conducted prior to the payment of the motion fee in order to ensure that fees are not paid with respect to motions that are defective (e.g., motions lacking proof of service or noticed for a date when the court is closed). The filer shall then carry the papers to the Cashier of the County Clerk in Room 160 on the first floor of the 60 Centre Street courthouse and pay the $ 45 fee (except where in a proper case the papers and fee are submitted by mail or express delivery service). When the fee is paid, the County Clerk will place on the back of the first page of the notice of motion proof of payment in the form of a cashier’s receipt stamp. The County Clerk also places a "Filed and Fee Paid" stamp on the front of the first page. The filer should then return to the General Clerk's Office and deliver the papers.
The same process should be followed with cross-motions in hard copy cases except that, aft er preliminary review in Room 119 and the obtaining of the cashier's receipt stamp, the papers should be delivered to the Motion Submission Part Courtroom (Room 130) on the final return date. The General Clerk's Office will accept the cross-motion bearing the cashier's receipt stamp even if the call of the calendar has concluded in Room 130 provided that the papers are submitted the same day as the call. The papers should also have been timely served and be in compliance with the procedures of the Courtroom.
On motions returnable in the Part the staff in court Parts will likewise accept cross-motions on the call of the calendar in the Part only if they bear proof of payment of the fee in the form of the cashier's receipt stamp.
Subsequent Papers on Motions Returnable in Room 130:
Cross-motions, papers in opposition, and reply papers on motions/petitions on notice returnable in Room 130 in a hard-copy case shall be submitted to the Motion Submission Part Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date. Subsequent documents on motions/petitions in e-filed cases shall be e-filed in a timely manner. Working copies when required shall be submitted to Room 130 on the final return date.
Information and Notifications About Calendaring and Adjournments:
Attorneys may obtain information on the status of a motion or special proceeding by consulting the Supreme Court Records On-Line Library ("Scroll"). Attorneys may obtain e-mail notification of court developments with regard to a motion or special proceeding -- calendaring, adjournments, argument date, submission date, issuance of decision, issuance of a long form order -- by signing up with the court system's e-Track case notification service. This service will provide the same notification for all other developments -- e.g., conference dates, trial dates -- recorded in the court's case history computer program. Any attorney may list one case with e-Track or all of his or her cases pending in the court, and in other courts as well. The court will not provide notice of the developments by mail and so counsel are strongly encouraged to make use of e-Track. There is no charge for the service. Visit e-Track to sign up.
B. OPTIONS MADE IN MORE THAN ONE CASE ON A SINGLE SET OF PAPERS
On occasion, attorneys may wish to make a motion in more than one case on a single set of papers. In such cases, by definition consolidation will not have been directed since consolidation signifies the combination of more than one case into a single one with a single caption and index number and ending in a single judgment. If more than one case is set down for joint trial, on the other hand, the cases remain separate, will end in separate judgments and are merely tried together. Where counsel seeks to make a motion affecting more than one case using a single set of papers, the moving papers should bear only one caption and index number, that of the case in which the motion is being made, which may be the principal case of the group involved. Counsel should not place a series of captions and index numbers on the single set of moving papers since this may lead to confusion and court staff will be unable to determine under which case to record the motion in the court’s computer and in which file to place the papers.
The court is eager to minimize burdens on counsel whenever possible. Therefore, the court will not require counsel to file multiple sets of the same motion papers, including possibly numerous and lengthy affidavits, affirmations and briefs. Instead, the moving party should file one set of papers in the main case or some other single case using the caption for that case and its index number. Obviously, the moving attorney must be counsel of record in the case in which the motion is being made. If that counsel or any other wishes to make the identical motion in a related case, counsel should submit a notice of motion in the related case bearing only the caption and index number for that related case, and should attach thereto an affirmation/affidavit in which counsel refers to and adopts the motion papers and arguments made in the first case. This process of incorporation in separate, very brief motion papers should be repeated in each related case in which a party wishes to make the identical motion. This method will achieve efficiency for all concerned while maintaining an orderly and accurate process and record and sound record keeping.
C. RETURN DATE SUBMISSION PROCEDURE -- ROOM 130
Place of Return and Return Date:
All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at 9:30 A.M.
The General Clerk's Office prepares calendars for the motions that appear in the Motion Submission Part Courtroom daily: a Paper Motions Calendar and a separate E-Filed Motions Calendar.
The Courtroom also maintains a "APB (All Papers By)" Calendar, which is used when a party seeks an adjournment but fails to comply with the Courtroom's procedures or there is a failure to comply with procedures that requires the clerk to adjourn the motion/application (e.g., failure to submit a Confirmation Notice or required working copies in an e-filed case). The case may be put over for three days to allow compliance with those procedures, as described further below.
Advance Publication of Room 130 Calendars:
Two days prior to the return date, the New York Law Journal will publish, in alphabetical order, the calendars of all motions returnable in the Courtroom on that date. Motion calendar information is also accessible on the website of the Unified Court System (at "E Courts" at www.nycourts.gov). Information on a motion appearance in an individual case is also available from the court's Supreme Court Records On-Line Library ("Scroll") and from private information services.
Basic Procedures in Room 130 -- Collection of Papers:
The purpose of the Room 130 procedures is to achieve an easy and efficient means for attorneys to submit and the court to collect all motion papers (e.g., affidavits/affirmations in support or memorandum of law in support) not submitted with the initial papers used to calendar the motion, and opposition, cross-moving and reply papers in connection with hard copy motions on the calendar, as well as working copies in e-filed cases where such copies are required. Each day in the Motion Submission Part Courtroom, commencing at 9:30 A.M., all motions returnable that day will be "called" for the submission of these papers, which must be handed up at this "call" or, as described below, immediately before. Because hundreds of motions appear on the Room 130 calendars every day, motion papers (other than part of the moving papers as described above) cannot be accepted on any day prior to the return date. Courtesy copies are not required nor accepted, but working copies are required by certain Justices in e-filed cases. See E-Filing for information on the requirements of Justices in this regard.
Given the purpose of the Room 130 procedure, the substance of motions will not be addressed at the submission "call." No Judge is present. To the extent possible, motions submitted in Room 130 will be decided "on the papers." If argument is directed, it will take place on an announced date shortly after the day of submission. Attorneys are not required to be present in Room 130. Indeed, attorneys are encouraged to use service or clerks to deliver papers or working copies, or to agree among themselves to have one of them deliver papers for all parties by service or a clerk. Counsel for the movant need not appear to "take a default" on any motion or for any other reason. Motions will be submitted, not marked off, in the absence of the movant. Opposing counsel similarly need not appear in person in order to avoid suffering a default. Delivery of papers by service or a clerk will suffice. The court's goal is to be able to collect papers on motions in an orderly fashion but without any attorney having to make an appearance in Room 130 at any time.
Applications, Adjournments, Submission of Late Papers - - Procedures for Notice to Counsel:
Once a motion is made, counsel for all parties are strongly encouraged to agree upon a briefing schedule and submit a stipulation of adjournment reflecting that schedule using service or a clerk. Where a briefing schedule has not been agreed upon, the movant can avoid the need to attend simply to see if anyone will hand up opposing papers by demanding papers as provided by CPLR 2214(b). To protect movants against the submission of late opposition papers or cross-motions, the General Clerk's Office will screen motions in which such papers are submitted without a response (reply or opposition respectively) to ensure that proper time to respond has been afforded and it will sua sponte adjourn for one week cases in which such time has not been given.
The court has established procedures to ensure that no attorney need feel compelled to attend the "call" out of fear that another party to the case will appear and make an unexpected application.
Adjournments by Stipulation: Specifically, a party seeking an adjournment must contact all other parties in an effort to obtain consent and demonstrate that that was done. Adjournments are allowed in Room 130 in response to written stipulations. No more than three adjournments for a total of no more than 60 days are allowed except with the permission of the assigned Justice (Rule 202.8(e)(1) of the Uniform Rules for the Trial Courts), given by means of a so-ordered stipulation.
Adjournments by Affidavit/Affirmation of Consent: If all parties consent to an adjournment as allowed by these rules but a written stipulation cannot be obtained in time for submission, the applicant for the adjournment on consent may submit an affidavit or affirmation reciting that such consent was obtained. That document must state the reason for the adjournment request, how consent was obtained from all parties, when it was obtained, and the name of each attorney who gave oral consent. The affidavit/affirmation must have been served before the date on which the request for adjournment is made.
Adjournments by E-Mail: Parties to a hard-copy case seeking an adjournment on consent in compliance with the procedures outlined here may do so by e-mail. Counsel who wish to avail themselves of this procedure must submit the stipulation or affidavit/affirmation in PDF format as an attachment to an e-mail message sent to the following e-mail address: NYMOTCAL@courts.state.ny.us. Any such message may be sent up to 5 P.M. of the day before the return date of the motion to which it relates. In addition to the caption and the index number, each submission must identify the date on which the motion is then returnable. The party filing the paper must retain the original paper for 60 days in case any issue should later be raised about the PDF copy submitted.
Due to the volume of matters on the Room 130 calendar each day, it will not be possible for court staff to respond to every e-submission to indicate whether it has been granted or not. However, counsel should understand that requests for adjournment by stipulation or on consent recorded in an affidavit/affirmation of counsel will be granted if the request complies with the procedures of the Courtroom, including that with such adjournment there be no more than three adjournments for a total of no more than 60 days. Further, if there is a reason why a particular request by stipulation or on consent that is in compliance with Rule 202.8 (e) (1) cannot be granted, counsel will be informed by e-mail; if such e-mail response is transmitted the day before or the day of the calendar in question, the matter will be adjourned by court staff to the three-day calendar for clarification.
Applications for Adjournment Not on Consent: If consent was not obtained from all parties prior to the return date, any party making an application for adjournment must submit an affidavit or affirmation in support of the application, reciting the reason for the requested adjournment and a description of the efforts made to obtain such consent, including the date when a contact was initiated or attempted, the means used, and the person contacted (if consent was refused) or for whom a message was left (if no contact was made). Furthermore, an applicant must, by phone, fax, e-mail, or mail transmitted with adequate lead time, advise all parties who have not consented that an application will be made, and the affidavit or affirmation must provide specifics on this as well. Applications for adjournments that are not properly supported will not be entertained. Rather, the matter will be adjourned for three days to permit compliance. These matters will then appear on the APB Calendar. If there is no compliance, the Clerk of the General Clerk's Office will mark the case submitted and refer it to the assigned Justice.
Applications etc. in E-Filed Cases in Room 130: An attorney who wishes to submit a stipulation for an adjournment, an application for an adjournment, or notice that a motion is being withdrawn must take care to designate correctly the applicable document type from the menu in the NYSCEF e-filing system. A correct designation is necessary to ensure that the clerk takes the proper action on the submission.
Submitting Papers Prior to the "Call": For the convenience of counsel, between 9:00 A.M. and 9:30 A.M. each day, in advance of the "call," Room 130 accepts (1) written stipulations; (2) affidavits/affirmations reciting the required details as to an adjournment on consent; (3) stipulations, letters or other writings withdrawing motions; and (4) final papers or complete sets of papers on motions. For motions in which these items are handed in before the "call," no one need remain to answer the "call." Counsel/parties must advise the court, either between 9:00 A.M. and 9:30 A.M. or at the "call," of all motions or cases that have been resolved by counsel/parties themselves and all motions that the movant no longer wishes to pursue. If such resolution occurs subsequent to the "call", the assigned Justice must be advised as soon as possible, by written notice sent to the Part, so that the court does not do unnecessary work.
D. SCHEDULING OF ORAL ARGUMENT/APPEARANCES
Pursuant to request of some Justices, motions submitted in Room 130 will automatically be scheduled for a set argument date in the Part. Other Justices determine on a case-by-case basis after submission in Room 130 whether to accept a particular substantive motion on submission, to require oral argument, or to hold a conference. Counsel who wish oral argument must so request conspicuously on the front of their papers. See Uniform Rule 202.8(d). If argument is directed by the Justice automatically, notice of argument and the argument date will be given in Room 130. Any appearing party is expected to give notice to all parties and an announcement to this effect is made in Room 130. If the motion is submitted in Room 130 and the Justice, after examining the file, determines that argument should be directed, notice of the argument and the argument date will not be sent by the court. To obtain notification of the argument date and other developments, counsel should use e-Track (see above). If argument notification is not given or transmitted as just described, counsel should understand that the motion has been taken on submission for decision on the papers. Counsel may also learn the results of the "call" by consulting the Law Journal. See Section E.
E. PUBLICATION OF THE RESULTS OF THE SUBMISSION CALENDAR
The results of the submission process for all motions "called" in the Motion Submission Part Courtroom have been published in the New York Law Journal two days after each return date. This information identifies all motions that were marked submitted and automatically scheduled for argument/appearance, together with the Part and the date set down for argument/ appearance; all motions that were marked submitted and sent on to the assigned Justices in cases assigned to Justices who do not automatically schedule argument or appearance; all motions that were marked "submitted on default"; all motions that were adjourned and the adjourned date; and all motions that were marked "withdrawn." The Supreme Court Records On-Line Library ("Scroll") will also reveal such information for individual cases (with a brief time lag from entry of the data into the court's computer system), and, as noted, e-Track will provide e-mail notification.
F. POST-SUBMISSION PROCEDURES IN THE GENERAL CLERK'S OFFICE
Decisions: Issuance, Processing, Access to Copies with Entry Stamp, and Public Information:
In e-filed cases, all decisions on motions and related orders are posted to the NYSCEF system (and entered when the County Clerk affixes a "Filed" stamp thereto in NYSCEF) and notification of the decision and order (which does not constitute notice of entry by any party) is sent immediately to all e-filing parties by e-mail. Notice of the issuance of the decision/order is also recorded in the court's case management system. All decisions on motions and orders in hard copy cases are delivered to the General Clerk's Office, which records in the court computer that a decision has been issued, the date thereof and whether the case has been disposed of, and makes similar notations as to long form orders. E-mail notification of the issuance of the decision or order is provided by e-Track. Decisions (other than those in matrimonial and Article 81 cases and cases under seal) are posted on the Supreme Court Records On-Line Library ("Scroll") on this website within a few business hours after recordation of data in the court's computer. Except as to decisions that call for settlement of an order or judgment, the decisions as posted generally bear the County Clerk's entry stamp so that counsel may serve a notice of entry promptly and without having to make a trip to the courthouse to retrieve a copy of the decision with entry stamp. Counsel should not contact Chambers for information about decisions and orders.
The Settlement of Long Form Orders
Although the court strongly favors the use of short form orders and judgments, there are instances when settlement of an order or judgment is appropriate. When a Justice directs in a decision that a long form order or judgment be settled, that decision is recorded in the court’s computer system by the General Clerk's Office and the motion file with decision is held in the Order Section of the Office in Room 119. The settlement process takes place there. (There are a few exceptions. Orders in cases under Article 81 of the Mental Hygiene Law and orders for receivership and other fiduciary accountings are to be settled in the Guardianship and Fiduciary Support Office (Room 158) because of the special expertise required to review them. Orders in Commercial Division cases are to be settled in the Commercial Division Support Office (Room 119 A)).
A proposed long form order or judgment in compliance with Rule 202.48 of the Uniform Rules for the Trial Courts must be presented to the relevant back office, together with a notice of settlement which bears a settlement date, the date on which the order is to be ready for formal presentation to the Justice. In an e-filed case the submission shall be made electronically. The proposed order or counter-order should be e-filed and it will be transmitted automatically by the NYSCEF system to the appropriate back office. The return date and time of the proposed order must be at 9:30 A.M. no sooner than either five days from personal service of the proposed order or ten days from service by mail. Proof of timely service on the other parties must accompany the proposed order in a hard copy case. If an order or judgment is submitted late (later than 60 days from signing and filing of the decision) and the proponent can show good cause for this tardiness, an affidavit or affirmation justifying the delay should be annexed to the proposed order, together with proof of service thereof. If persuaded, the Justice will consider the proposed order despite its untimeliness.
Any proposed counter-order or counter-judgment must be accompanied by a copy marked to indicate all respects in which it differs from the proposal to which it responds (Uniform Rule 202.48 (c) (2)), and must bear an affidavit of service in a hard copy case and have been timely served pursuant to the Rule. When the time to present a counter-order or counter-judgment has expired, the Order Section staff will review a submission. No appearance is required of any party and the settlement date is not the day on which the papers will actually be presented to the Justice. If there are defects, they will be brought to the attention of the party who presented the submission. Once the submission has been reviewed and found proper in form, it will be sent to Chambers. Formal changes may be made by the staff directly on the order/judgment.
Sometimes a decision will state "Submit Order." The submitting party should prepare a long form order and make it returnable without notice. Counsel should deliver the proposed order to the Order Section of the appropriate back office, except in an e-filed case, when it shall be submitted electronically.
On directions to settle or submit an order, see David D. Siegel & Patrick M. Connors, New York Practice Sect. 250 (6th ed. Dec. 2018).
If the decision of the court directs that a proposed order be settled or submitted in the Part or in Chambers, that direction, should, of course, be followed without presentation of the proposal to the back office.
Proposed orders or judgments that did not arise out of a formal motion (e.g., out of a conference or trial) should be submitted to the Part of the assigned Justice.