Hon. Edit Shkreli — Part IA-36 Rules

HON. EDIT SHKRELI, A.J.S.C.

Supreme Court of the State of New York

County of Bronx - Civil Term

851 Grand Concourse

Courtroom 409

Bronx, New York 10451

PART 36 - PART RULES

Effective August 7, 2026

Contact Information:

Chambers Telephone: (718) 618-2152

Chambers Email: BXSupCiv-IA36Chambers@nycourts.gov

Part Telephone: (718) 618-1972

Part Email: BxSupCiv-IA36@nycourts.gov

GENERAL

A. Counsel and litigants (whether represented or self-represented) may not engage in any form of ex

parte communications with the judge, principal law clerk, confidential and part clerk.

B. For questions regarding scheduling and calendar matters, please contact the part clerk at

(718) 618-1972. If the parties are unable to reach the part clerk, they may contact chambers at

BXSupCiv-IA36Chambers@nycourts.gov.

C. The part clerk is not available to accept in-person submissions or telephone calls between the

hours of 1:00 p.m. and 2:30 p.m., or after 4:30 p.m.

D. Unless otherwise specified in the Part Rules below, all correspondence with chambers must be

via email at BXSupCiv-IA36Chambers@nycourts.gov, on notice to all parties. Telephone calls

to chambers are permitted only in emergency situations requiring immediate attention. All

parties must be on the telephone call.

E. Parties and/or their counsel are expected to always maintain the utmost professionalism when

interacting with each other, the Court, and court personnel.

F. It is the responsibility of the parties and/or their counsel to remain informed of and comply

with all the Part 36 Rules, as such rules may be amended from time to time. The Court will

post the most up-to-date version of the Part Rules outside of the courtroom.

ELECTRONIC FILING

A. Most cases in Part 36 are electronically filed through the New York State Courts E-Filing

(“NYSCEF”) system. See: http://iapps.courts.state.ny.us/nyscef/Login.

B. Parties and/or their counsel must be registered for the eTrack service for all Part 36 cases. eTrack

is a case tracking service that enables parties to track active Civil Supreme Court cases and to

receive notice of scheduled appearances. To register or log-in, please visit:

http://iapps.courts.state.ny.us/webcivil/etrackLogin.

1

ADJOURNMENTS

A. Unless otherwise indicated, all adjournments (oral arguments, conferences, hearings and trials)

require prior Court approval.

B. No ex parte adjournment requests will be entertained.

C. Parties seeking an adjournment of an oral argument or conference on consent may do so by

filing/e-filing a stipulation of adjournment with the Court indicating the suggested adjourned date

(per the chart below) and emailing a courtesy copy of the filed stipulation to the part clerk at least

two (2) business days in advance of the scheduled oral argument or conference, or upon shorter

notice upon a showing of good cause. All parties must be copied in the email. Stipulations of

adjournment on consent are deemed granted unless otherwise notified by the part clerk.

D. If a party does not consent to the adjournment of the oral argument or conference, the party

seeking the adjournment must email chambers at least two (2) business days in advance of the

scheduled oral argument or conference, or upon shorter notice upon a showing of good cause. All

parties must be copied in the email. The opposing party or parties must promptly respond stating

the reason they oppose the request for adjournment. If the Court approves the adjournment request,

the Court will issue an order indicating the new oral argument and/or conference date.

E. In order to adjourn a hearing or a trial, the parties must file/e-file a letter with the Court at least

seven (7) calendar days in advance of the scheduled hearing or trial, or upon shorter notice upon a

showing of good cause. The parties must indicate whether the adjournment request is on

consent of all parties. If the Court approves the adjournment request, the Court will issue an order

indicating the new hearing or trial date(s).

CONFERENCES

In accordance with 22 NYCRR § 202.1, counsel who appears before the Court must be familiar

with the case with regard to which they appear and be fully prepared and authorized to discuss

and resolve the issues which are scheduled to be the subject of the appearance. Failure to

comply with this rule may be treated as a default for purposes of 22 NYCRR § 202.27 and/or

may be treated as a failure to appear for purposes of 22 NYCRR § 130-2.1.

Unless otherwise directed by the Court, matters in Part 36 are scheduled as follows:

Type of Appearance Day of the Week Time

Preliminary Conferences Mondays 2:30 p.m.**

Compliance / Status Conferences Mondays 9:30 a.m.*

Oral Arguments Tuesdays 9:30 a.m.*

Pretrial Conferences Wednesdays 9:30 a.m.*

Settlement Conferences Wednesdays 11:00 a.m.**

(*) Matters scheduled for 9:30 a.m. will be called at 9:30 a.m. and at 10:30 a.m. A party that is

not present at the 10:30 a.m. default calendar call may be deemed in default pursuant to 22

NYCRR § 202.27, notwithstanding any prior check-in with the part clerk or court officer.

(**) Matters scheduled for 11:00 a.m. and 2:30 p.m. will be called at 11:00 a.m. and at 11:30a.m.,

and at 2:30 p.m. and at 3:00 p.m. respectively. A party that is not present at the 11:30 a.m./3:00

p.m. default calendar call may be deemed in default pursuant to 22 NYCRR § 202.27,

notwithstanding any prior check-in with the part clerk or court officer.

2

A. Preliminary Conferences:

1. Upon the filing of the Request for Judicial Intervention (“RJI”) and a Request for

Preliminary Conference, a preliminary conference (“PC”) will be automatically scheduled

to be conducted within forty-five (45) calendar days on a Monday for an in-person

appearance at 2:30 p.m., unless otherwise directed by the Court.

2. Absent exceptional circumstances, no requests seeking to adjourn the PC past the forty-

five (45) calendar days of the filing of the RJI will be permitted.

3. The parties may avoid an appearance on the scheduled PC date by filing/e-filing

with the Court the completed and fully executed Preliminary Conference

Stipulation and Order (“PC Order”), signed by all appearing parties, at least five

(5) business days in advance of the scheduled PC appearance.

4. The Court may modify the dates and/or deadlines selected by the parties in the PC Order

unless a reasonable explanation for any extended deadline(s) is provided in an

“Addendum” annexed to the proposed PC Order.

5. Parties must use the Part 36 PC Order which can be accessed on the Bronx County

Supreme Court’s Part Rules website.

6. If the proposed PC Order, provided it is completed and submitted by the parties in

accordance with Section A[3] (and potentially modified by the Court in accordance with

Section A[4] above), is acceptable to the Court, the Court will contact the parties via email

prior to the scheduled PC appearance confirming that the scheduled appearance is no

longer required.

7. In the event that the parties fail to upload the completed and fully executed PC Order

in accordance with Section A(3) above, or the Court does not contact the parties in

accordance with Section A(6) above, all parties must appear in-person for the

scheduled PC. Any unresolved disputes will be resolved during the scheduled PC.

Failure to appear for a scheduled PC pursuant to this section may result in the matter

being dismissed or being scheduled for inquest pursuant to 22 NYCRR § 202.27.

8. Counsel for all parties must consult prior to the PC about:

i. possible resolution of the case;

ii. discovery and any other issues to be discussed at the conference; and

iii. possible use of alternative dispute resolution to resolve all or some of the

litigation issues.

9. All disclosure must be completed within 8, 12 or 15 months in expedited, standard or

complex cases, respectively, in accordance with 22 NYCRR § 202.19.

3

B. Compliance / Status Conferences:

1. Compliance conferences (“CC”) and status conferences (“SC”) are conducted in-person

on Mondays at 9:30 a.m., unless otherwise directed by the Court.

2. Failure to appear for a scheduled CC or SC may result in the matter being dismissed

and/or being scheduled for inquest pursuant to 22 NYCRR § 202.27.

3. Parties must use the Part 36 Discovery Order which can be accessed on the Bronx County

Supreme Court’s Part Rules website.

4. Counsel for all parties must make a good faith effort to identify the outstanding discovery

prior to the scheduled CC/SC. Any unresolved disputes will be resolved during the CC/SC.

5. In the event of discovery disputes, any party may file/e-file a letter with the Court, on notice

to all parties, to request a conference and the reason(s) the party is seeking an advancement

of the scheduled compliance conference.

6. The parties shall bring to the CC or SC copies of all prior discovery orders, discovery

stipulations, and so-ordered letters.

7. Note of Issue: The note of issue/certificate of readiness may be filed/e-filed only upon

either a stipulation executed by all parties certifying that all discovery is complete or

upon order of the Court.

C. Pretrial Conferences:

1. Pretrial conferences are held in-person on Wednesdays at 9:30 a.m., unless otherwise

directed by the Court.

2. Failure to appear for a scheduled pretrial conference may result in the matter being

dismissed and/or being scheduled for inquest pursuant to 22 NYCRR § 202.27.

3. If there are no pending motions and settlement discussions have failed, on the date of the

pretrial conference, the matter will be referred to the TAP Part for trial assignment.

4. Parties must use the Part 36 Pretrial Conference Order which can be accessed on the Bronx

County Supreme Court’s Part Rules website.

D. Settlement Conferences:

1. Settlement conferences are held in-person on Wednesdays at 11:00 a.m., unless

otherwise directed by the Court.

2. Any party to the action may request a settlement conference with the Court after the filing

of the note of issue. A party may request to schedule a settlement conference by filing/e-

filing a letter with the Court.

3. 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, settlements

demands or offers. Counsel must be authorized to enter into binding settlement.

4

DISCOVERY

A. Discovery will not be stayed pending determination of a dispositive motion or mediation, unless

otherwise ordered by the Court on application of a party.

B. If a party fails to abide by the discovery schedule prescribed in the PC Order or the compliance

conference or the status conference order(s), the Court may issue an order with conditional

preclusion language and/or language conditionally striking the pleadings of any party

who/which has failed to comply with the Court’s prior orders and whose conduct has protracted

the discovery process.

SUBPOENAS

Generally, subpoenas do not need to be “so-ordered”. However, requests to “so-order” a subpoena

must be accompanied by an affirmation detailing the relevant facts and procedure, and providing

an explanation as to why a subpoena is required in lieu of ordinary discovery mechanisms. The

affirmation must be filed/e-filed together with the proposed subpoena. Failure to comply with this

rule will result in the Court declining to “so-order” the subpoena.

MOTION PRACTICE

A. Oral argument is required on all orders to show cause and notices of motion, unless

otherwise directed by the Court.

B. Oral arguments are conducted in-person on Tuesdays at 9:30 a.m., unless otherwise directed

by the Court.

C. Unless otherwise directed by the Court, the return date established in an Order to Show Cause

signed by the Court is the date of the oral argument on that Order to Show Cause.

D. The return date set forth in a Notice of Motion is not the date of the oral argument. Oral

argument on a Notice of Motion is scheduled by the part clerk after the return date indicated

on the Notice of Motion.

E. A movant’s failure to appear for a scheduled oral argument will result in the application

being denied.

F. Unless otherwise requested by a party or parties, oral arguments will not be conducted on the

record. The party requesting oral argument on the record is responsible for contacting the court

reporter to order the transcript, filing/e-filing the transcript with the Court, and submitting a

hard copy of the transcript with the part clerk. If multiple parties request oral argument on the

record, the requesting parties shall share the transcript fee. The application heard on the record

will be submitted on the date that the hard copy of the transcript is filed with the part clerk.

G. Parties shall provide working copies of their respective e-filed papers, but not the exhibits,

on the date of the scheduled oral argument.

5

H. The working copies of the e-filed papers must:

1. have the appropriate motion sequence number to which they are related placed on the front

page;

2. include the substantive opening documents: i.e. Order to Show Cause, Notice of Motion,

Notice of Cross-Motion;

3. include the Attorney Affirmation(s), Client Affidavit(s)/Affirmation(s), and Memorandum

of Law, if any;

4. NOT INCLUDE EXHIBITS;

5. annex a USB containing any video or audio exhibit(s), if any;

6. be securely fastened so as to prevent the papers from separating from each other and

becoming lost;

I. Word limits specified in 22 NYCRR § 202.8-b will be strictly enforced, unless permission to

expand the word limit is granted in advance of the filing of the papers.

J. If the parties withdraw or resolve a pending motion, a stipulation withdrawing or

resolving the motion must be filed/e-filed with the Court.

K. Motions for Summary Judgment: All motions for summary judgment must be filed/e-filed

no later than 120 days after the filing of the note of issue.

L. Orders to show cause seeking TROs, including a temporary stay of the action, will not be heard

ex parte unless the parties have complied with 22 NYCRR § 202.7(f).

M. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT

IN REJECTION OR DENIAL OF THE OFFENDING SUBMISSION.

ARTIFICIAL INTELLIGENCE

Every attorney or party who uses an artificial intelligence (“AI”) tool in preparing any paper

submitted to this Court is expected to understand that tool's capabilities and limitations. Attorneys

and parties need to be aware that AI tools, among other risks and limitations, can generate

fabricated information or fictitious citations to authority (commonly known as hallucinations).

Under existing authority, by signing a paper and submitting it to this Court, an attorney or party

certifies that the paper does not contain any false material factual statement or any frivolous legal

argument (e.g, 22 NYCRR 130-1.1, 130-1.1a), and an attorney who submits any paper to this Court

is additionally bound by the Rules of Professional Conduct. Accordingly, any attorney or party

who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in preparing any paper,

as defined in 22 NYCRR 161.2(b), filed in or submitted to this Court or served on another party

in a case before this Court is required to carefully review the paper and independently ensure that

it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an

attorney or party certifies that such a review has been conducted and that the paper contains no

such fabricated or fictitious content. If this Court determines that this requirement has not been

satisfied, such attorney or party may be subject to sanction or other remedial action.

6

TRIAL/HEARING RULES

A. Motions In Limine: At the first conference held in Part 36 following the assignment of

the matter for trial from TAP, the parties must advise the Court of any pre-trial issues,

including any evidentiary issues or other matters, which must be resolved in limine.

Motions in limine must be in writing, unless otherwise directed by the Court. Failure to

raise the pre-trial issues at the time of the first conference in Part 36 may result in those

issues being deemed waived.

B. Pre-Trial Submissions: Unless otherwise directed by the Court, no later than five (5)

business days prior to the date scheduled for trial, trial counsel shall file/e-file with the

Court and submit to the part clerk courtesy copies of:

i. legible contact information (email and cell phone number) of trial counsel;

ii. marked pleadings;

iii. a copy of the Bill of Particulars;

iv. procedural history;

v. any relevant stipulations and orders pertaining to the case;

vi. stipulations or statements of fact or law which have been agreed to by all

parties;

vii. witness lists of both fact and expert witnesses, in the likely order of

appearance, and their respective availabilities;

viii. a list of the proposed exhibits to be offered in that party’s case-in-chief, with

a star indicating exhibits to which no party objects;

ix. proposed jury instructions (PJI charges must references the most recent

edition);

x. proposed verdict sheets;

xi. any requests for interpreter(s), including the language(s) and dialect, if

applicable;

xii. any special requests for media equipment in the courtroom; and

xiii. any motions in limine, which must be made in writing. Failure to file/e-file

the motion(s) in limine within two (2) business days will result in said

motion(s)/issue(s) being waived.

C. Summary Jury Trials: Summary Jury Trials (“SJTs”) are governed by The

Summary Jury Trial Process: Bronx Rules and Procedure as Amended 9/23/08.

Evidentiary hearings will be held virtually via Microsoft Teams at least ten (10) days prior

to the scheduled SJT. In the email scheduling the evidentiary hearing, the Court will attach

the Evidentiary Hearing Stipulation/Order. Trial counsel are required to meet and confer

and to stipulate to the evidence packages, jury charges, and verdict sheets where possible.

ALTERNATIVE DISPUTE RESOLUTION

A. If, at any point, the parties decide that they would benefit from the Alternative Dispute

Resolution Program (“ADR”), they may request to be referred to ADR during a scheduled

conference.

B. Discovery will not be stayed during the mediation process, unless the parties make such a

request and the request is approved by the Court.

7

SETTLEMENTS AND DISCONTINUANCES

A. If an action is settled, discontinued or otherwise disposed of, counsel shall immediately

inform the court by filing/e-filing a copy of the stipulation or letter with the Court.

B. If the parties indicate that the matter has settled, the matter will be scheduled for an in-person

status conference on a Monday at 9:30 a.m. to afford the parties an opportunity to file/e-

file a stipulation of discontinuance. If the parties file/e-file the stipulation of discontinuance

prior to the scheduled status conference, no appearance on the scheduled status conference

date will be necessary.

C. All stipulations of discontinuances must be accompanied by proof of payment of the

appropriate fee (CPLR §8020[d][1]).

8