Hon. Erin Noelle Guven — Part IA-17 Rules

HONORABLE

1

Part 17 Rules – Guven - 072026

ERIN NOELLE GUVEN – PART 17 RULES

Supreme Court, Bronx County

851 Grand Concourse Bronx, NY 10451

Effective as of September 29, 2 026

Principal Law Clerk: Amy Wochos, Esq. Chambers: Room 842

Email: awochos@nycourts.gov

Assistant Law Clerk: James Pean, Esq.

Email: jpean@nycourts.gov Courtroom: Room 405

Part Clerk: Victoria L. Bowman

Email: BXSUPCIV-IA17@nycourts.gov

I. COMMUNICATIONS/INQUIRIES

1. General Correspondence: Correspondence to the Court must be in letter form

and filed via NYSCEF. All correspondence must contain the index number

and caption of the action and must be on notice to all parties. All parties must

provide contact information, including an e-mail address and telephone

number, on all communications with the Court.

2. Ex-parte Communications: Ex-parte communications are not permitted. The

Court will not respond to ex-parte communications.

3. Redaction of Personal Confidential Information: Parties shall omit or redact

confidential personal information in papers submitted to the Court for filing

(see 22 NYCRR §202.5[e][1]).

4. Communication with Chambers: Telephone calls or e-mails to Chambers are

not permitted absent an emergency requiring immediate Court attention or

prior Court permission.

5. Change in Case Status: All parties, including self-represented parties, are

under a continuing obligation to promptly inform the Court, via NYSCEF and

e-mailed to the Part Clerk at BXSUPCIV-IA17@nycourts.gov, should the

action settle, be discontinued, or otherwise disposed, or if a motion is settled

or withdrawn, or if a party dies or files a petition for bankruptcy.

6. Settled Cases: When a matter is settled, the parties must file a Notice to

Discontinue, a Stipulation to Discontinue, or a Motion to Discontinue via

NYSCEF. If none of these are filed before the next scheduled Court date, all

parties must appear.

7. Parties shall maintain current e-mail addresses in NYSCEF, monitor the

address provided, and promptly notify the Resource Center of any change in

e-mail address (see 22 NYCRR §202.5-b[f][2][i]).

II. APPEARANCES

1. In-Person/Virtual Appearances: Appearances in Part 17 may be held in

person or virtually via Microsoft “Teams”. Parties may request a virtual

appearance by filing a letter via NYSCEF and e-mailing the Part Clerk at

BXSUPCIV-IA17@nycourts.gov. If an in-person appearance is scheduled, a

party must iterate a reason when requesting to appear virtually. If a virtual

appearance is scheduled by the Court, a “Teams” link will be provided prior

to the appearance date via NYSCEF or via e-mail.

2. Competency/Authority: In compliance with 22 NYCRR §202.1[f], counsel

who appear before the Court, including “per diem attorneys,” must be

familiar with the case, be fully prepared, and authorized to discuss and

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

Attorneys are expected to be on time for all scheduled appearances.

3. Failure to Appear/Defaults: Failure to appear at any scheduled appearance

may result in the appropriate sanction pursuant to 22 NYCRR §202.27.

Unless otherwise specified, in person conferences are scheduled at 9:30 a.m.

Cases will be called in the order that they are ready; that is, when all parties

are in the courtroom and ready to proceed. The first call of the calendar

and the default calendar will be called at 10:30 a.m. The final call of

the calendar will be at 11:30 a.m., or as soon thereafter as practicable.

4. Adjournments

a. Adjournment requests must be made in writing, via NYSCEF, at least 48

hours prior to the scheduled appearance. The party requesting the

adjournment must also notify the Part Clerk via e-mail at

BxSupCiv-IA17@nycourts.gov. The adjournment request letter shall set

forth: (i) the conference date; (ii) the nature of the conference; (iii) the

reason for the requested adjournment; (iv) whether the request is made

on consent of all parties; and (v) suggested adjourned dates.

b. If counsel is engaged, attorneys must file an Affirmation of Actual

Engagement in compliance with 22 NYCRR §125.1 via NYSCEF and e-

mail the Part Clerk at BxSupCiv-IA17@nycourts.gov.

2

Part 17 Rules – Guven - 072026

5. ADA Requests: Any party requesting an ADA accommodation should visit

the Court System website for information and guidance (www.nycourts.gov).

Any further questions should be directed to the Part Clerk via e-mail at

BxSupCiv-IA17@nycourts.gov.

6. Interpreter Requests: Requests for a language interpreter should be directed

to the Part Clerk via e-mail at BxSupCiv-IA17@nycourts.gov. as soon as

known, but not less than 10 calendar days before an appearance.

7. E-Track: Attorneys must register for E-Track for Part 17 matters. Parties

are reminded that to e-track their cases, they must file their appropriate

appearances via NYSCEF.

III. DISCOVERY/CONFERENCES

1. Preliminary Conferences

a. The Court will schedule a preliminary conference upon the filing of a

request for judicial intervention (RJI). Preliminary conferences will be

held virtually, but appearances may be waived as outlined below.

b. Parties are strongly encouraged to jointly complete and submit to the

court a Preliminary Conference and Case Scheduling Order.

Please note that the parties must use this Part’s standard

Preliminary Conference and Case Scheduling Order, which can be

found in fillable form on the Bronx County Supreme Court’s part rules

webpage.

c. To waive appearances at the preliminary conference, parties must file the

jointly completed Preliminary Conference and Case Scheduling Order via

NYSCEF, and e-mail a copy to the Part Clerk at BXSUPCIV-

IA17@nycourts.gov. If the completed Preliminary Conference and Case

Scheduling Order is satisfactory, the Court will sign and upload the same

to NYSCEF with a future compliance conference date provided. The

parties are advised that the Court may modify the dates and/or

deadlines selected by the parties.

d. If the parties fail to file a proposed Preliminary Conference and Case

Scheduling Order as outlined above, at least 3 business days prior to the

scheduled conference, all parties must appear.

3

Part 17 Rules – Guven - 072026

2. Compliance/Status Conferences

a. The Court will schedule a Compliance Conference pursuant to the

Preliminary Conference and Case Scheduling Order. Appearances at the

compliance conference may be waived by the filing of a proposed

Compliance Conference Order, at least three business days before the

scheduled conference. Please note that the parties must use this Part’s

standard Compliance Conference Order, which can be found in fillable

form on the Bronx County Supreme Court’s part rules webpage.

b. The compliance conference monitors the progress of the completion of

discovery, explores potential settlement, and sets a deadline for the filing

of the Note of Issue (see 22 NYCRR §202.19[b][3]). A deadline to file the

Note of Issue will be provided in the Compliance Conference Order, which

shall be completed during the conference.

c. Parties shall strictly adhere to all discovery obligations and deadlines as

set forth in all case scheduling orders. An application for the extension of

a discovery deadline shall be made as soon as practicable and prior to the

expiration of such a deadline (see 22 NYCRR §202.20-e).

d. Counsel will be required to justify the reason for any failure to adhere to

the discovery deadlines set forth in any Order. Non-compliance with

discovery deadlines set forth in case scheduling orders may result in the

imposition of an appropriate sanction against the non-compliant party or

for other relief pursuant to CPLR 3126 (see 22 NYCRR §202.20-e).

IV. NOTE OF ISSUE

1. Plaintiff shall serve and file a Note of Issue and Certificate of Readiness in

accordance with the date set forth in the Compliance Conference Order. The

failure to file a Note of Issue as required by the Order may be treated as a

default pursuant to 22 NYCRR §202.27.

2. If all parties agree that discovery is complete, the parties shall e-file and e-

mail a stipulation to BxSupCiv-IA17@nycourts.gov. The stipulation must

certify that all discovery is complete and provide for the filing of the Note of

Issue within thirty days.

3. A Note of Issue filed without the required stipulation that all

discovery is complete is subject to being vacated sua sponte.

4

Part 17 Rules – Guven - 072026

V. PRE-TRIAL AND SETTLEMENT CONFERENCES

1. Pre-Trial Conferences

a. The Court shall notify the parties of the date and time of the mandatory

pre-trial conference following the filing of the Note of Issue.

b. All settlement and pre-trial conferences shall be held in person, unless

otherwise directed by the Court and at the Court’s sole discretion.

c. During the pre-trial conference, counsel shall be aware of options to

resolve the litigation such as Summary Jury Trials, bench trials, and

Alternative Dispute Resolution (ADR), and be able to discuss those

options with the court.

d. Only counsel fully familiar with the case and authorized to settle,

stipulate, or dispose of the action shall appear at the pre-trial conference.

e. Parties shall fill out and bring to the conference a Pre-Trial/Settlement

Conference Information sheet, which can be accessed using the following

link or found on the Bronx County Supreme Court’s part rules webpage.

2. Settlement Conferences

a. Parties may request a settlement conference with the Court at any time

after issue is joined by filing a stipulation or letter via NYSCEF and e-

mailing it to BxSupCiv-IA17@nycourts.gov.

b. If a request for a settlement conference is made by letter rather than by

a stipulation signed by all parties, the request shall expressly indicate

whether all parties have been consulted, and whether they agree that the

conference may serve to advance the case toward settlement or other

resolution. Requests that omit this information will be denied.

c. In the request, please include the case name, index number, and the

names and contact phone numbers for the attorneys. Additionally, where

applicable, disclose the insurance policy limits for the defendant(s).

d. Attorneys who appear for a settlement conference must be fully familiar

with the facts and circumstances of the case and authorized to enter into

binding agreements on behalf of their clients (see 22 NYCRR §202.1[f]).

Attorneys must appear with access to NYSCEF. Clients and/or adjusters

5

Part 17 Rules – Guven - 072026

must be available by telephone during the conference. Failure to comply,

including by sending a per diem attorney lacking knowledge or authority,

may be regarded as a default pursuant to the rule.

3. Alternative Dispute Resolution (ADR)

a. Parties interested in pursuing Court sponsored ADR may advise the

Court of said interest by e-filing a letter via NYSCEF and via e-mail to

BXSUPCIV-IA17@nycourts.gov. The parties may also advise the Court of

their interest in pursuing ADR during any appearance.

b. The Court may recommend ADR to the parties at any time during the

pendency of the matter and may issue an order directing the parties to

complete an ADR screening survey.

VI. MOTIONS

1. Adjournments

a. Stipulations to adjourn the return date of a motion must be filed via

NYSCEF and e-mailed to the Part Clerk at BXSUPCIV-IA17@nycourts.gov.

b. No motion may be adjourned on consent more than 3 times or for a

cumulative total of more than 60 days (see 22 NYCRR §202.8-a[c]).

c. For any further adjournments, the parties must seek leave from the Court.

Such application for an additional adjournment must be filed via NYSCEF

and e-mailed to BXSUPCIV-IA17@nycourts.gov. The application must

contain the reason for the request.

d. If a party is unable to obtain an adjournment on consent, then that party

shall make a written request for an adjournment explaining efforts made

to obtain an adjournment on consent. The request shall be served upon all

parties.

e. All adjournments are subject to the final approval of the Court.

2. Orders to Show Cause

a. Motions may be brought by Order to Show Cause (OTSC) only when there

is genuine urgency (e.g., applications for provisional relief), a stay is

required, or if mandated by statute (see 22 NYCRR §202.9[d]). If the OTSC

6

Part 17 Rules – Guven - 072026

fails to demonstrate that at least one of these circumstances applies, the

application will be denied with leave to renew as a motion on notice.

b. The Court will indicate in the signed OTSC whether appearances are

necessary, or whether the motion will be decided on the papers.

c. Movant must strictly comply with all service requirements directed in the

signed OTSC. Failure to do so will result in denial of the motion.

d. “Any application for temporary injunctive relief, including but not limited

to a motion for a stay or a temporary restraining order, shall contain…an

affirmation demonstrating there will be significant prejudice to the party

seeking the restraining order by the giving of notice. In the absence of a

showing of significant prejudice, the affirmation must demonstrate that a

good faith effort has been made to notify the party against whom the

temporary restraining order is sought of the time, date and place that the

application will be made in a manner sufficient to permit the party an

opportunity to appear in response to the application” (see 22 NYCRR

§202.7[f]). In Part 17, a movant seeking injunctive relief must e-mail their

motion papers to opposing counsel, call opposing counsel, and UPLOAD A

COPY TO NYSCEF, at least 24 hours prior to when the movant wishes to

be heard on the application. The movant must then immediately e-file proof

of service of such notice to NYSCEF. The proof of service must contain an

e-mail address for any opposing counsel. Failure to e-file proof of service

may result in delayed consideration of the TRO application or denial of the

injunctive relief.

3. Summary Judgment Motions

a. All motions for summary judgment must be filed within 60 days of the filing

of the Note of Issue. THIS DIRECTIVE SUPERCEDES ANY DIFFERENT

DEADLINE SET FORTH IN ANY COURT ORDER, INCLUDING A

PRELIMINARY CONFERENCE ORDER.

b. Untimely motions or cross-motions shall not be entertained in the absence

of good cause shown.

c. Unless sufficient justification is demonstrated, or unless expressly

authorized by the Court in a prior order, each party shall be afforded only

one opportunity to make a motion for summary judgment. Otherwise, a

successive motion for summary judgment will be denied.

7

Part 17 Rules – Guven - 072026

4. Discovery Motions

a. Parties shall attempt to resolve all discovery disputes through informal

procedures, as opposed to motion practice, pursuant to 22 NYCRR §202.20-

f[a].

b. Prior to filing a discovery motion, parties shall request a pre-motion

conference via letter request filed to NYSCEF and e-mailed to BxSupCiv-

IA17@nycourts.gov.

c. The letter shall set forth the specific discovery issue(s) to be addressed at

the conference and the details of their good faith efforts to resolve the

dispute prior to seeking Court intervention.

d. Parties shall strictly adhere to 22 NYCRR §§ 202.7[a][2], and 202.20-f.

Section 202.20-f provides, in pertinent part: “In the event that a discovery

dispute cannot be resolved other than through motion practice, each such

discovery motion shall be supported by an affidavit or affirmation from

counsel attesting to counsel having conducted an in-person or telephonic

conference, setting forth the date and time of such conference, persons

participating, and the length of time of the conference”. Failure to adhere to

either section will result in denial of the motion, without prejudice to renew

on proper papers.

e. Discovery motions shall not be combined with requests for any other relief.

The Court will schedule an in-person appearance for oral argument on ALL

discovery motions made in compliance with these rules.

5. Other Guidance on Motions

a. The filing of any motion shall NOT stay discovery. A stay of

discovery must be requested separately.

b. All motions (other than discovery motions) will be decided “on

submission” unless the Court notifies the parties that the matter has

been scheduled for oral argument/conference before the Court. Any

party may request oral argument of a motion by letter accompanying

the motion papers, pursuant to 22 NYCRR §202.8-f [b]. Such request

must also be e-mailed to BXSUPCIV-IA17@nycourts.gov).

c. If scheduled for oral argument, the parties should have a copy of

their filed papers readily available for the Court.

8

Part 17 Rules – Guven - 072026

d. Where appropriate, proposed orders should be submitted with

motions pursuant to 22 NYCRR §202.8-a, and a courtesy copy e-

mailed to BxSupCiv-IA17@nycourts.gov.

e. Please contact the Court immediately if there are any developments

in a case that would affect the resolution of a pending motion (i.e.,

settlement, withdrawal, etc.), pursuant to 22 NYCRR §202.28.

Please make sure to copy all other parties in the case on any e-mail

sent to the Court.

f. Chambers does not require working copies of electronically filed

motion papers.

VII. Infant Compromise

1. An Infant Compromise Order (ICO) is required to settle or otherwise

discontinue the claims of an infant plaintiff. ICO applications are governed by

CPLR §§1207 and 1208, Judiciary Law §474, and 22 NYCRR §202.67. If an

ICO application does not strictly comply with the requirements set forth in

these provisions, approval of the ICO will be delayed until full compliance is

reached through additional or amended submissions.

2. Where an action has already been initiated by the filing of a Summons and

Complaint, an ICO should be sought through an ex-parte application filed to

NYSCEF using the label “Infant Compromise Order (Proposed).” Where no

action has yet been initiated, the ICO should instead accompany the filing of a

petition initiating a special proceeding. The infant’s full name (other than

initials) and date of birth (other than year) shall be redacted in all e-filed

documents.

3. To avoid delay and ensure that all required documentation is submitted,

counsel or unrepresented litigants shall utilize an Infant Compromise Order

checklist, uploaded to the New York Courts website and found in Room 217,

before submitting a proposed ICO. Proposed ICOs without the required

documentation will delay processing and may eventually be rejected.

4. All ICO applications must be supported with the following

documents:

a. Proposed ICO: The proposed ICO shall provide the name and address of a

savings bank (as opposed to a commercial bank) in Bronx County in which

the settlement funds will be deposited.

9

Part 17 Rules – Guven - 072026

b. Attorney Affirmation: To the extent not mandated by CPLR 1208 and 22

NYCRR §202.67, the affirmation shall also provide (i) an itemized list of the

expenses/disbursements that are not waived or inclusive of the attorney’s

fee; (ii) the amount of available insurance, including excess insurance; (iii)

whether there are any applicable liens and their amount; and (iv) whether

the guardian or others involved in the accident received settlements and, if

so, the others’ injuries and the amount paid to each.

c. Guardian Affidavit: To the extent not already mandated by CPLR 1208(a)

and 22 NYCRR §202.67[b], the guardian affidavit must also: (i) state the

guardian's relationship to the infant; (ii) specifically set out the medical

treatment that the infant received, the names of the physicians rendering

the treatment, the charges incurred for the treatment, and whether any

balance remains due on those charges; and (iii) waive the guardian's claim,

if any, for loss of the infant’s services.

d. Physician Affirmation/Medical Record(s) or Hospital Report(s): The Court

requires an affirmation from a physician or medical records indicating

infant has been examined within the 6 months prior to the submission of

the proposed order. The affirmation, records, or report must include: (i)

history obtained; (ii) infant’s complaints of pain and/or limitations (past,

recent and present); (iii) treatment rendered; (iv) details of the examination

recently rendered upon which current opinion and conclusion is based; (v)

diagnosis; (vi) prognosis, especially if the infant does have any current, or

in the recent past has had, any limitations or complaints of pain; and (vii)

whether the infant has fully recovered from the injuries or requires

additional treatment; and (viii) any additional opinions, conclusions, and

treatment recommendations. Failure to submit a physician affirmation, or

recent medical/hospital record(s) or report(s) with an ICO application will

delay approval of the ICO.

e. Infant-Consent Affidavit: If the infant is 14 or more years old, an affidavit

from the infant attesting to his or her understanding of the settlement and

consenting to is required.

f. Additional Supporting Exhibits May Include: (i) the infant’s birth

certificate; (ii) a police accident report; (iii) a settlement offer letter or other

such correspondence; (iv) a lien letter; and (v) proof of the applicable

insurance policy limits, including, if applicable, excess insurance.

6. An ICO application involving a structured settlement must be supported by

the following documents in addition to those listed above: (i) structured

10

Part 17 Rules – Guven - 072026

settlement broker’s affidavit; (ii) proposed settlement agreement; (iii) proposed

assignment agreement; (iv) proposed annuity contract; (v) proposed guaranty

agreement; and (vi) accepted structure (annuity) proposal and at least two

rejected alternative structure proposals for the same cost and payout terms as

the accepted proposal.

7. Once the Infant Compromise Order and necessary documents have been

submitted to the Clerk’s Office in Room 217 and reviewed by the Court, the

parties will be advised of the hearing date.

8. Please note that the infant’s appearance will not be waived. Plaintiff’s counsel

must make all arrangements to have the infant, and the parent/natural

guardian appear on the hearing date.

VIII. SUBPOENAS

1. Subpoenas generally need not be so ordered. Requests for the Court to so order

a subpoena shall be supported by an affirmation explaining the need for an

order and shall be filed via NYSCEF and e-mailed to the Part Clerk at

BXSUPCIV-IA17@nycourts.gov.

2. Subpoenas for trial shall be directed to the trial assignment part (TAP).

IX. JURY TRIALS

1. Trials are assigned to Part 17 by the Trial Assignment Part (TAP).

2. Attorneys, parties, and witnesses shall be ready to proceed with trial on the

assignment date and to continue day-to-day until verdict. If any party is not

ready to immediately proceed with trial, prior to being assigned, that party

shall inform the Justice presiding in TAP so that he or she may make the

appropriate ruling.

3. Adjournments of trials shall be granted only upon extraordinary and

unanticipated circumstances

4. Pre-trial Conference

a. The Court will hold an in-person pre-trial conference with the parties’

attorneys on the day of assignment.

b. During the conference, attorneys should be prepared to (i) present a

brief summary of their party’s position; (ii) identify and discuss any

11

Part 17 Rules – Guven - 072026

anticipated evidentiary issues and motions in limine; (iii) identify any

special requests including, but not limited to, the need for an

interpreter, ADA related needs, and technology or media needs; (iv)

discuss the length of time needed for jury selection, with the

understanding that attorneys are expected to select juries

expeditiously.

c. Any pre-trial issues, including motions in limine, not raised during the

pre-trial conference may be deemed waived.

5. On the date of, but in no instance later than 1 day following the first day of

jury selection, the parties must submit the following both via NYSCEF and via

e-mail to the Part Clerk at BxSupCiv-IA17@nycourts.gov:

a. Marked pleadings;

b. Proposed verdict sheets and requested jury instructions (must be

e-mailed to BxSupCiv-IA17@nycourts.gov in Word format);

c. Expert reports;

d. Witness lists, providing whether the witness is a fact or expert

witness and the anticipated length of direct examination;

e. List of deposition testimony designations and cross-designations,

including pages and lines, as well as full copies of the transcripts.

f. Proposed verdict sheets;

g. Proposed introductory and closing jury charges from the most

current volume of the Pattern Jury Instructions (PJI). If a party

proposes that a PJI instruction be modified, the complete PJI

instruction must be submitted in Word format with the proposed

amendment clearly visible in redline. Appropriate caselaw

citations must also be provided in support of any proposed

amendment to a PJI instruction. PJI instructions are not modified

unless good cause is shown.

6. Prior to the charging conference, the parties shall exchange updated proposed

jury charges and verdict sheets. The parties shall endeavor to create a

mutually agreed upon verdict sheet and list of proposed charges.

7. Summary Jury Trials

a. Summary jury trials are governed by The Summary Jury Trial

Process: Bronx Rules and Procedure, as amended 9/23/08.

b. Only the attorneys who will be trying the action may appear at the

evidentiary hearing, and those attorneys shall bring the following to

12

Part 17 Rules – Guven - 072026

the hearing: (i) requests to charge; (ii) proposed verdict sheets; (iii)

documents they are seeking to introduce into evidence; (iv) a witness

list; and (v) any prior Court order that will affect the summary jury

trial.

X. INQUESTS

1. Plaintiff shall serve a copy of the decision and order granting a default

judgment with notice of entry upon defendant by the methods set forth in the

decision and order, and if no such directive is included in the decision and

order, then defendant shall be served with a copy of the decision and order with

notice of entry by first class mail and registered mail, return receipt requested,

10 DAYS prior to plaintiff’s request seeking an inquest date. Proof of said

service shall be uploaded to NYSCEF.

2. Plaintiff shall file a Note of Issue and upload a letter to NYSCEF requesting a

date for inquest. Plaintiff shall serve a copy of the Note of Issue and the letter

requesting an inquest on defendant by first class mail within 10 days of filing

the documents in NYSCEF and upload an affidavit of service within 10 days of

said service.

3. Upon receipt of the letter requesting an inquest and the filing of a Note of

Issue, the court will refer the matter to the Trial Assignment Part for

assignment of the inquest.

THESE RULES MAY BE PERIODICALLY AMENDED. PARTIES ARE

RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE MOST

RECENT VERSION (see Appleyard v Tigges, 171 A.D.3d 534, 536 [1st Dept

2019]).

13

Part 17 Rules – Guven - 072026