Hon. Mary Lynn Nicolas- Brewster — Part IA-11 Rules

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C.

Supreme Court of the State of New York – 12th Judicial District

Bronx County, Civil Term

I.A. Part 11 Rules – Effective 8/10/2026

Court Address:

851 Grand Concourse, Bronx, New York 10451

Courtroom

706

Chambers Staff and Contact Information:

Principal Law Clerk

Mr. Alex Zamenhof, Esq.

Assistant Law Clerk

Mr. Bogdan Cvetkovic, Esq.

Part Clerk

Ms. Crystal Devore

Part 11 Email: BxSupCiv-IA11@nycourts.gov

Part 11 Chambers Telephone: 718-618-1635

Part 11 Courtroom Telephone: 718-618-3229

Part 11 TEAMS Link:

https://teams.microsoft.com/meet/2443152401399?p=S726QtwQ9

LjPjWySaX

THESE RULES MAY PERIODICALLY BE AMENDED. PARTIES ARE RESPONSIBLE

FOR ENSURING COMPLIANCE WITH THE MOST RECENT VERSION.

TABLE OF CONTENTS |

A. General Part Rules 6. Sanctions for Non-Compliance

1. Participation 7. Discovery Disputes

2. No Ex-Parte Communications 8. Discovery Motions

3. E-Filing 9. Note of Issue

4. E-Track 10. Requests to Extend Note of Issue

5. ADA Requests Deadlines

6. Interpreter Requests F. Subpoenas

7. Preferred Pronouns or Names 1. Subpoenas

8. Redaction of Personal Confidential 2. Subpoenas to Governmental

Information Agencies

9. General Information Regarding G. Motions

Attorney Appearances 1. Appearance on Return Date

B. Communications with the Court 2. Motion Procedures

1. Letters 3. Oral Argument

2. Contact Chambers 4. Proposed Orders

3. Emails 5. Motions for Summary Judgment

4. Phone Calls 6. Order to Show Cause Without

C. Adjournments TROSs

1. Conferences 7. Orders to Show Cause With TRO

2. Motions Requests

3. Notification of Settlement or H. Settlement Conferences & ADR

Discontinuances 1. Requests for Settlement Conference

4. Communications between the 2. Settlement Conferences

parties 3. Settlement Conference Scheduling

5. Scheduling 4. Knowledge & Authority to Settle

D. Rules for Appearances 5. Appearance

1. In-person 6. Alternative Dispute Resolution

2. Virtual (ADR)

3. Scheduling and adjournments of I. Inquests and Infant Compromise

Appearances Orders

4. Persons Required to Appear 1. Inquest procedure

5. Knowledge & Authority 2. Infant Compromise Orders

6. Failure to Appear J. Jury Trials

E. Discovery 1. Pre-Trial Conferences

1. Consultation Prior of Preliminary, 2. Full Jury Trials

Compliance & Status Conference 3. Summary Jury Trials

2. Compliance/Status Conferences 4. Procedure for all Bench and Jury

3. Adherence with Discovery Trials

Schedules 5. Additional Procedures for Jury

4. Missed Discovery Deadlines Trials

5. Requests for EBT rulings 6. Adjournments

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A. GENERAL PART RULES

1. Participation: Substantive participation in Court proceedings by women and diverse attorneys,

who historically have been underrepresented in the bar, as well as by attorneys who have been

practicing for less than five years, is strongly encouraged. The Court would encourage the practice of

giving such attorneys the opportunity to appear in Court to acquire experience. All parties shall be

familiar with the Uniform Civil Rules for the Supreme Court & the County Court, 22 N.Y.C.R.R. §

202 et seq. (the Uniform Rules). The Uniform Rules are available online at

https://ww2.nyCourts.gov/rules/trialCourts/202.shtml.

2. No Ex-Parte Communications: Generally, there shall be no ex-parte communications with the

Court, including from support staff such as paralegals, legal assistants, and administrative assistants,

except for ex-parte requests for judicial accommodations pursuant to applicable laws, and as provided

elsewhere in the Part Rules.

3. E-Filing: Part 11 is an e-filing Part and all documents shall be filed via NYSCEF. This rule

does not apply to unrepresented litigants, although they are strongly encouraged to make use of e-filing

through NYSCEF. If a party is self-represented, they must contact the Bronx County Clerk’s Office in

Room 118. The Court generally does not require working copies of documents filed electronically but

will advise the parties via email if working copies of documents are required. Attorneys, and

unrepresented litigants who choose to use NYSCEF, shall be familiar with NYSCEF procedures. For

assistance with NYSCEF e-filing, parties may contact the NYSCEF Resource Center during weekdays,

from 8:00 a.m. to 5:30 p.m., at (646) 386-3033 or nyscef@nycourts.gov. Unrepresented litigants may

create a NYSCEF account and access instructions for its use at

https://iapps.Courts.state.ny.us/nyscef/UnRepresentedHome.

4. E-Track: Parties are reminded that to e-track their cases, they must file their appropriate

appearances via NYSCEF. Parties shall maintain current email addresses in NYSCEF, monitor the

address provided, and promptly notify the Resource Center of any change in email address (22 NYCRR

§ 202.5-b[f][2][i]).

5. ADA Requests: This Court is committed to ensuring that people with disabilities have equal

and fair access to the Courts. If an accommodation is needed, please call (718) 618-1229 or follow

the instructions per the New York State Courts website:

https://ww2.nyCourts.gov/ACCESSIBILITY/counties/ADAbycounty-bronx-supreme-civil.shtml.

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.

6. Interpreter Requests: Requests for a language interpreter should be directed to the Part Clerk

via email as soon as known, but not less than ten (10) calendar days before an appearance.

7. Preferred Pronouns or Names: Counselors or unrepresented parties may directly inform the

Judge and/or Court staff during a Court appearance of their preferred pronouns or preferred name, if

the latter differs from the name appearing in the Court file.

8. 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]).

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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9. General Information Regarding Attorney Appearances: THE FINAL CALENDAR CALL

FOR ALL MORNING SCHEDULED MATTERS IS 11:30AM. THE FINAL CALENDAR CALL

FOR AFTERNOON SCHEDULED MATTERS IS 3:30PM. Failure to appear at the second call of the

calendar may result in dismissal or default per 22 NYCRR 202.27.

10. All attorneys of record are required to register to their respective matters on NYSCEF.

11. If engaged, attorneys must email to the Court part email at BxSupCiv-IA11@nycourts.gov an

affirmation of engagement in compliance with 22 NYCRR 125.1.

B. COMMUNICATIONS WITH THE COURT

1. Letters: Unless otherwise permitted by these rules, communications with the Court shall be

made via written letter filed via NYSCEF. Copies of all such letters, and proof of e-filing shall also be

emailed to the Judge’s Law Clerk(s) and the Part Clerk, with copies simultaneously delivered to all

counsel or unrepresented parties.

All correspondence must: (1) bear the full title and index number of the action and (2) set forth the

request or relief sought from the Court succinctly and without commentary as to any other matters

which would not be relevant to the matter contemplated in the letter.

2. Contact with Chambers: Telephone calls and emails to chambers are only permitted as

specifically set forth herein. Any ex-parte communication with chambers, including from paralegals

or assistants, is strictly prohibited, and will not be responded to.

3. Emails: Communications via email shall include all parties and shall specifically confirm that

all parties have been included in the body of the email. Parties shall not email chambers or the law

clerks. The exceptions to this rule are: (a) responding to an email from chambers or the law clerks; (b)

the parties have received prior Court permission; or (c) an email is expressly authorized in these rules.

If an email to chambers is authorized, all parties must be copied to avoid ex-parte communication. The

Judge shall not be included on any emails sent to chambers.

4. Phone Calls: Phone calls regarding scheduling of an upcoming appearance may only be made

two (2) business days prior to the appearance. Requests regarding the status of a decision on a

motion will not be responded to. The Court shall take every effort to ensure timely decisions are

rendered. Any other phone calls shall only be made in urgent situations. If a call is not answered, leave

a voicemail message with your name, telephone number, email address, index number, and a short

explanation of the issue, and chambers will return your call as soon as possible, if a response is

warranted.

Faxes: Chambers does not accept faxes.

C. ADJOURNMENTS

1. Adjournments of Conferences: Stipulations for adjournments shall be e-filed on NYSCEF and

emailed to the Chambers and the Part Clerk at least forty-eight (48) hours prior to the

motion/conference date. No more than two (2) stipulated adjournments for scheduled conferences, for

a total of thirty (30) days, shall be submitted without prior permission of the Court. If the parties are

unable to agree upon the terms of an adjournment, all counsel must appear on the originally scheduled

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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appearance date. Stipulations for adjournments for scheduled conferences that are less than the total

of thirty (30) days are deemed granted unless counsel is otherwise notified by the Court.

If the parties seek to adjourn any conference beyond thirty (30) days, a letter shall be e-filed with the

Court via NYSCEF, in accordance with rule B(1) above. The letter seeking the adjournment shall be

e-filed and emailed at least forty-eight (48) hours prior to the motion/conference date. The letter shall

set forth: (1) the conference/motion date; (2) the type of conference/relief requested in the motion

sought to be adjourned; (3) the reason for the requested adjournment; (4) whether the request is made

on consent of all parties; and (5) suggested adjourned dates.

2. Motion Adjournments: Motions may be adjourned by stipulation, subject to Uniform Rules

202.8(e)(2) and 202.8-a(c). Without a Court order, a motion may not “be adjourned on consent more

than three times or for a cumulative total of more than 60 days.” The Motion Support Office (Room

217) is not authorized to grant an adjournment that exceeds those permitted on consent under the

Uniform Rules. Any request to adjourn a motion in excess of the adjournments permitted on consent

under the Uniform Rules must state: (i) whether the request is on consent of all parties; (ii) the reason

for the request; and (iii) the length of the adjournment sought. Requests that do not contain the required

information will be denied. A motion will not be adjourned simply because all parties consent;

adjournment remains within the Court’s discretion. If an adjournment request is opposed, a responsive

letter shall be e-filed to NYSCEF within 24 hours, and the failure to do so will result in the waiver of

any objection.

Oral applications for adjournments are not considered.

Parties should not assume that an adjournment request will be granted, especially if the request is made

near the relevant deadline or after that deadline has already passed. The Court will promptly advise the

parties by e-filed Court Notice whether a requested adjournment has been granted or denied.

There shall be no adjournments of motions that have already been submitted, without good cause being

shown. Any request for an adjournment of a motion that has already been submitted may require an

in-person appearance before the Court, to be scheduled in and at the Court’s discretion. Denial of an

adjournment after a deadline has already passed will not alter that deadline.

For adjournment requests concerning a trial, please see infra.

3. Notification of Settlement or Discontinuances: If an action or motion is settled, discontinued,

disposed, or withdrawn in any manner, counsel must immediately inform the Court by letter filed via

NYSCEF, with a copy of said letter and proof of e-filing emailed to the Judge’s Law Clerk(s), and the

Part Clerk. As soon as practicable, the parties shall file via NYSCEF, and email the Part Clerk, a fully

executed stipulation of settlement, discontinuance, or withdrawal.

4. Communications Between the parties: Parties shall not copy the Court, the part, or chambers

staff on written communications between themselves, unless explicitly directed by the Court.

5. . Scheduling: Inquiries concerning scheduling, appearances, adjournments, and case status

shall be directed to the Part Clerk (BxSupCiv-IA11@nycourts.gov). Do not contact the Part Clerk

concerning the status of a decision on a motion. Neither the Part Clerk nor the Court will provide such

information or estimate when a decision might issue

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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D. RULES FOR APPEARANCES

1. In-Person Appearances: All Court appearances, with the exception of oral arguments on

motions, shall be in person on Thursdays unless as otherwise stated herein or as set forth by the Court

in a specific matter. Exceptions may be granted by the Court at its discretion. Parties may request a

virtual appearance by e-filing a letter in accordance with rule B(1) above. Parties shall NOT call

chambers or the part to request a virtual appearance. Failure to appear at a scheduled appearance will

be deemed a default under Uniform Rule 202.27 and may result in the imposition of sanctions,

including, where appropriate, the dismissal of the complaint or striking of a pleading. Defaults will

not be excused for lack of notice. Failure to appear at the second call of the calendar may result in

dismissal or default per 22 NYCRR 202.27.

2. Virtual Appearances: A virtual appearance is subject to the same requirements as an in-person

appearance, with regard to authority, knowledge, professionalism, and decorum of the appearing

parties. All parties joining a virtual conference shall mute their microphones and keep their video

feed turned off until directed otherwise. Failure to adhere to these rules or disruptive or inappropriate

behavior will result in the offending party or parties being removed from the virtual conference and

the appropriate actions taken as a result, which may include the rescheduling of the appearance and/or

sanctions. Parties shall be VERY familiar with the use of Teams, including the use of the conversation

panel, and proficient in the use of the computer and video technology necessary for Teams conferences.

Oral Arguments on Motions Conducted Virtually - Until further notice, and unless otherwise

specifically notified, oral arguments on motions in Part 11 shall be conducted virtually via Microsoft

Teams on a day selected by the Court at 2:15 PM. Failure to appear for scheduled oral argument may

result in the motion being denied, marked off, or marked as unopposed, as may be warranted under the

circumstances.

A party who does not oppose a motion, or takes no position on a motion, may, forty-eight hours in

advance of the oral argument date, upload a letter to NYSCEF so indicating and need not appear for

oral argument.

If the Court schedules a virtual appearance, chambers will post a Court Notice on NYSCEF and send

a Teams calendar invitation and link to the email addresses registered for service in NYSCEF. No other

notice of the appearance will be provided by chambers. Failure to appear at a scheduled virtual

conference will be deemed a default under Uniform Rule 202.27 and may result in the imposition of

sanctions, including, where appropriate, the dismissal of the complaint or striking of a pleading.

Defaults will not be excused for lack of notice.

In non–e-filed cases, unrepresented litigants and attorneys must provide contact information to

chambers and the Part Clerk so that Teams invitations and links, as well as other important

communications, can be sent to the parties. Unrepresented litigants may contact the Bronx County

Supreme Court Help Center at 718-618-1350.

3. Scheduling and Adjournments of Appearances: Parties may request an initial conference or an

adjournment of a conference by filing a letter in accordance with rule B(1) above (see also Section C

– Adjournments above). Parties may NOT call chambers or the part to schedule or request an

adjournment of an appearance.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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4. A request for an adjournment of a hearing or trial is not permitted except as provided for in 22

NYCRR § 125.1 (“Engagement of Counsel”).

5. Persons Required to Appear: Counsel for all parties, and any unrepresented parties, must be

present at all appearances unless prior authorization from the Court has been obtained.

6. Knowledge & Authority: Appearing counselors, whether counsel of record or “Per Diem

Attorneys,” must be familiar with the matter and be fully prepared and authorized to discuss and resolve

the issues which are scheduled to be the subject of the appearance. To the extent “Per Diem Attorneys”

appear, said attorneys shall have immediate access to the counsel of record via telephone at the request

of the Court.

Failure to comply with this rule may be treated as a default for purposes of Uniform Court Rule

202.27 and/or may be treated as a failure to appear for purposes of Uniform Court Rule 130.2.1

(22 NYCRR § 202.1[f]).

7. Failure to Appear: Failure to appear at any scheduled appearance may result in default, inquest,

or dismissal (22 NYCRR § 202.27).

E. DISCOVERY

1. Consultation Prior to Preliminary, Compliance & Status Conference: Every action shall have

one preliminary conference (“P.C.”), one compliance conference (“C.C.”), and as many status

conferences as are necessary, and parties shall consult prior to all preliminary, compliance, or status

conferences, pursuant to 22 NYCRR 202.11.

Upon the filing of a preliminary conference request, the Court will schedule a P.C. date on the calendar

as a control date. A Preliminary Conference/Case Scheduling Order (“CSO”) will be automatically

generated on the control date and uploaded to NYSCEF in lieu of holding the conference. No

appearance is required at the P.C control date. All parties appearing in NYSCEF will be deemed

served with the CSO upon its filing. Parties shall strictly comply with discovery obligations by the

dates set forth in the CSO (22 NYCRR §202.20-e). Extensions of deadlines set forth in the CSO must

be requested at a compliance conference and will only be granted upon a showing of good cause. If

120 days have elapsed, issue is joined, and a CSO has not been uploaded, please contact the Part Clerk.

2. Compliance/Status Conferences: No later than 120 days after the date of the P.C. Order, an in-

person Compliance Conference shall be held to monitor the progress of discovery, explore potential

settlement, and set a deadline for the filing of the note of issue. Compliance and status conferences are

held IN-PERSON as scheduled. Appearances at all Compliance Conferences and Status Conferences

are mandatory unless the parties submit, at least 48 hours in advance of the conference dates, a

stipulation agreeing on all issues relating to discovery or that discovery is completed.

If the parties agree on all issues relating to outstanding discovery, the parties shall e-file and e-mail,

at least 48 hours in advance of the scheduled Compliance/Status conference date, a fully executed

stipulation to BxSupCiv-IA11@nycourts.gov. If acceptable, the stipulation will be approved and sent

to the Clerk for uploading without the need to appear for the scheduled conference. The Court will

provide the next status conference date. ALL OUTSTANDING DISCOVERY MATTERS NOT

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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INCLUDED IN A PROPOSED STIPULATION SHALL BE DEEMED COMPLETED OR

WAIVED.

If the parties cannot agree on outstanding discovery issues despite good faith efforts to resolve the

dispute without Court intervention, the parties will be required to appear in person for the Compliance

or Status Conference on the scheduled date.

If all parties agree that discovery is complete, the parties shall e-file and e-mail a stipulation to

BxSupCiv-IA11@nycourts.gov at least 48 hours in advance of the scheduled Compliance/Status

conference date. The stipulation must certify that all discovery is complete. The Court will then issue

an order directing Plaintiff to file the Note of Issue.

3. Adherence with Discovery Schedules: All parties shall strictly comply with discovery

obligations by the dates set forth in all case scheduling orders. Applications for the extension of a

discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline

(22 NYCRR § 202.20-e), via letter in accordance with rule B(1) above.

4. Missed Discovery Deadline: If a discovery deadline is missed and the parties are unable to

arrange for the required disclosure in a timely manner, then an immediate conference with the Court

must be requested within one (1) week of the missed deadline. To request an immediate conference,

the aggrieved party should file a letter in accordance with rule B(1) above and email said letter to

BxSupCiv-IA11@nycourts.gov, copying all parties.

5. Failure to appear at any scheduled appearance may result in default, inquest, or dismissal

(22 NYCRR § 202.27).

6. Requests for EBT rulings: Must be made before the assigned ex-parte Judge, not Part 11.

7. Sanctions for Non-Compliance: 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 (22 NYCRR § 202.20-e).

8. Discovery Disputes: Parties shall attempt to resolve all discovery disputes through informal

procedures, as opposed to motion practice, pursuant to 22 NYCRR 202.20-f (a). Section 202.20

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.”

If a dispute has arisen, and the next scheduled conference is more than 60 days away, parties should

request an immediate status conference by e-filing a letter via NYSCEF in accordance with rule B(1)

above.

The letter shall set forth: (1) the parties request for an immediate discovery conference; (2) the specific

discovery issue(s) to be addressed at the immediate conference; and (3) the details of their good faith

efforts to resolve the dispute prior to seeking Court intervention which must include emails/letters and

telephone calls in an effort to resolve the dispute.

Parties shall NOT call chambers or the part to request an immediate status conference.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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9. Discovery Motions: Discovery motions are highly discouraged and require the Court’s

permission to file. The parties may not file a discovery motion prior to following the above steps and

conferencing with the Court. Parties must use NYSCEF label REQUEST FOR PRE-MOTION

CONFERENCE. If the request for a pre-motion conference is granted, a virtual conference will be

scheduled to take place via Microsoft Teams. The Court conducts discovery conferences on an AS

NEEDED BASIS.

Discovery motions shall contain an affirmation of good-faith effort to resolve the dispute, pursuant to

22 NYCRR 202.7 (a) and (c) and 22 NYCRR 202.20-f (b). Discovery motions shall not be combined

with requests for any other relief. The Court may schedule an in-person appearance for oral argument

on such discovery motions made in compliance with these rules, at its discretion.

Discovery motions made prior to the P.C. Order, or that do not strictly comply with the foregoing will

result in the denial of the motion without prejudice, pursuant to 22 NYCRR 202.20-f (c). Multiple

denials of a motion for failures to adhere to the rules herein may result in costs and/or financial

sanctions pursuant to 22 NYCRR 130-1.1.

The parties shall proceed with all discovery (including D&I, depositions, and IMEs) using every

available technology and must make every effort (including multiple telephone calls and emails

directly to the parties’ attorneys), to resolve discovery disputes without Court intervention (see 22

NYCRR 202.7[c]; A.O. 06/24/2020).

Parties are cautioned that frivolous disclosure motions or issues that could have been easily resolved

between the parties themselves shall not be tolerated and may result in costs and/or financial

sanctions pursuant to 22 NYCRR 130-1.1.

In the event a motion becomes moot or is being withdrawn, movant shall promptly upload a letter or

stipulation to NYSCEF informing the Court. Additionally, should counsel resolve some matters

amicably but still require a ruling on others, movant shall upload a letter informing the Court of the

narrow issues that remain. Parties shall continue to engage in disclosure to the maximum extent

possible until a decision is reached on the disputed discovery; discovery may only be stayed as

provided for in the CSO.

If a discovery stipulation has been signed by all parties the plaintiff shall e-file the discovery stipulation

in NYSCEF and use the label STIPULATION - DISCOVERY. At the foot of the stipulation, counsel

shall print and sign the name of the attorney executing the discovery stipulation.

10. Note of Issue: A Note of Issue shall NOT be filed, under any circumstances whatsoever, until

1) a preliminary, compliance or status conference has been held in Part 11 and 2) the parties have been

given a Note of Issue deadline date at such conference. Prior to filing a Note of Issue, the parties shall

have e-filed a stipulation via NYSCEF indicating that discovery is complete (use the NYSCEF label

STIPULATION-TRIAL READINESS). Said stipulation must be signed by all parties. A Note of Issue

that is filed prematurely may be vacated sua sponte, or upon letter application from a party setting forth

the non-compliance and submitted in accordance with rule B(1) above.

11. Requests to Extend Note of Issue Deadlines: Requests to extend the Note of Issue deadline

should not be made without firm reason and must be communicated to the Court by letter filed via

NYSCEF in accordance with rule B(1) above.

Such letter shall be filed and emailed at least two (2) weeks prior to the Note of Issue deadline.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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Any such request shall be supported by an affirmation setting forth (1) the reasons why discovery could

not be completed by the current deadline; and (2) the shortest possible time needed to complete

discovery.

F. SUBPOENAS

1. Subpoenas: With the exception of subpoenas to governmental agencies, 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 the “so-order,” and shall be uploaded to NYSCEF with a Courtesy

copy and proof of e-filing emailed to the Part Clerk, and the law clerks. Failure to include an affirmation

shall result in a “Decline to Sign.” Any subpoena sent to a non-party must be copied to all parties to

the action and must contain, or be accompanied by a notice, stating the reasons the requested disclosure

is sought or required. See CPLR 3101(a)(4).

2. Subpoenas to Governmental Agencies: CPLR 2307 governs a subpoena seeking books, papers

and other things from a library, or a department or bureau of a municipal corporation or of the state, or

an officer thereof. CPLR 2307 provides that unless the Court orders otherwise, a motion for such

subpoena shall be made on at least one day’s notice to the library, department, bureau or officer having

custody of the book, document or other thing and the adverse party. The statute is reinforced by CPLR

3120(4), which notes that the motion requirements in CPLR 2307 are applicable when a subpoena

duces tecum is sought to be served on a library or certain governmental departments in pretrial

disclosure. Notice must be provided to governmental agencies that a subpoena is being sought.

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

G. MOTIONS

Generally:

This Court adopts and adheres to the Part 161 Uniform Rule regarding the use of Artificial Intelligence

(AI) such that: 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.

Litigants are expected to be familiar, and comply, with the Part 161 Uniform Rule.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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1. Appearance on Return Date: Motions brought on notice are returnable Monday through Friday

in the Motion Support Office (Room 217). Personal appearances are NOT required on motion return

dates unless directed by the Court. While motions may generally be decided on submission (i.e., on

the papers), if the Court believes that oral argument on a particular motion may prove useful, the Court

will schedule oral argument according to its availability and circulate a Microsoft Teams calendar

invite and link to the parties’ registered email addresses. Parties may request oral argument by letter e-

filed to NYSCEF in accordance with Rule B(1).

2. Motion Procedures: Working copies of e-filed motion papers are NOT required. This rule does

not apply to video or other similar media filed in connection with a motion. If able, the parties are

directed to e-file a document containing an accessible link to the footage, including the full URL of

the video or audio file. If unable to do so, these materials shall be mailed to chambers on a flash drive,

and a duplicate copy shall be sent to all other parties to the case. The flash drive shall be clearly labeled

with the corresponding index number, motion sequence, and exhibit letter/number. In NYSCEF, the

party submitting the media exhibit shall file a placeholder exhibit indicating that a copy of the video

was sent to chambers, along with an affidavit of service indicating that the flash drive was served on

opposing counsel. Failure to properly submit and file the foregoing may result in a delay in deciding

the motion.

All motion filings shall conform with the applicable requirements of the CPLR and Uniform Rules

202.5, 202.8, 202.8-a, and 202.8-b. The word limits contained in Uniform Rule 202.8-b(a) shall be

strictly enforced. Requests to expand the word limit for any particular filing shall be made well in

advance of the deadline for that filing. The Court grants expansion requests sparingly, only upon good

cause shown, and any expansion granted will very likely be smaller than requested. Expansion requests

made on the eve of the filing deadline will not be viewed favorably, and no adjournments will be

granted solely on the basis of a denial of an expansion request. The Court will inform a requesting

party whether the expansion is granted or denied by e- filing of a Court Notice.

Motion filings must include the contact information of the filing attorney or unrepresented litigant,

including a current email address.

Parties shall individually upload and identify by concise label all motion papers, including each

individual exhibits (e.g., “Plaintiff’s Deposition Transcript,” “Certified Police Report,” etc.). Grouping

of Exhibits when filing is not permitted. Exhibits filed without proper labeling may result in the motion

being denied without prejudice.

The filing of any motion shall not stay discovery. A stay of discovery may be requested separately for

good cause shown; however, such stays will be granted rarely.

3. Oral Argument: While motions may generally be decided on submission (i.e., on the papers),

if the Court believes that oral argument on a particular motion may prove useful, the Court will

schedule oral argument according to its availability and circulate a Microsoft Teams calendar invite

and link to the parties’ registered email addresses. Parties may request oral argument by letter e-filed

to NYSCEF in accordance with Rule B(1).

4. Proposed Orders: Where appropriate, proposed orders should be submitted with motions. If so

directed by the Court, a Courtesy copy of all proposed orders shall be emailed in Word format to the

law clerks, with a copy to all parties after oral argument. The email shall include the caption, index

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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number, and NYSCEF document numbers and motion sequence number of the Notice of Motion

related to the Proposed Order being submitted. If a Court order requires that the County Clerk make

an entry to or amend the docket (e.g., the order directs the amendment of the caption), the moving party

shall e-file to NYSCEF a completed form EF-23 (CPLR § 8019(c)), available online at

https://iappscontent.courts.state.ny.us/NYSCEF/staging/forms.htm.

5. Motions for Summary Judgment: Motions and cross-motions for summary judgment shall be

served and filed no later than 60 days after the filing of the Note of Issue (see CPLR 3212 [a]).

Untimely motions and cross-motions for summary judgment shall not be entertained by the Court

unless good cause is shown by the untimely movant/cross-movant. THIS DIRECTIVE SUPERCEDES

ANY DIFFERENT DEADLINE SET FORTH IN ANY COURT ORDER, INCLUDING A

PRELIMINARY CONFERENCE ORDER.

6. Orders to Show Cause Without TROs: Pursuant to Uniform Rule 202.8-d, motions may be

brought by Order to Show Cause (OTSC) only when: (i) there is genuine urgency (e.g., applications

for provisional relief); (ii) a stay is required; or (iii) a statute mandates proceeding by OTSC. If the

OTSC fails to demonstrate that at least one of these circumstances applies, the OTSC will be denied

with leave to renew as a motion on notice. Motions to vacate previous decisions must be brought by

Notice of Motion unless true urgency exists.

In any signed OTSC, the Court will indicate: (i) on whom the movant must serve the signed OTSC,

the method of service, and the deadline(s) for completing such service; (ii) the deadline for e-filing

proof of service to NYSCEF; (iii) whether reply papers are authorized (see Uniform Rule 202.8-d);

and (iv) whether appearances and oral argument will be required on the motion and, if so, when, where,

and how such oral argument will take place.

If the movant does not strictly comply with the service directed in the signed OTSC or fails to e-file

proof of service by the deadline set in the signed OTSC, the motion will be denied.

To facilitate service, the attorney affirmation in support of the OTSC must include, to the extent known,

emails and addresses for all parties that are required to be served with respect to the relief requested in

the OTSC. ORDERS TO SHOW CAUSE ARE SCHEDULED FOR A TIME AND DATE CERTAIN.

FAILURE TO APPEAR AT THE SCHEDULED TIME AND DATE CERTAIN WILL RESULT IN

THE ORDER TO SHOW CAUSE BEING MARKED OFF AND DENIED.

7. Orders to Show Cause With TRO Requests. OTSCs containing requests for temporary

restraining orders (TRO) will generally not be heard ex-parte. See Uniform Rule 202.7(f), 202.8-e. In

the absence of significant prejudice, a movant seeking a TRO must email 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 opposing counsels’ email addresses. Failure to e-file proof of service of such

notice may result in delayed consideration of the TRO application or even outright denial.

Pursuant to Uniform Rule 202.8-e, “[u]nless the moving party can demonstrate significant prejudice

by reason of giving notice, or that notice could not be given despite a good faith effort to provide

notice, a temporary restraining order should not be issue ex parte.” Thus, if a movant wishes its TRO

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application to be heard ex-parte, the movant must e-file an affidavit justifying the request accordingly.

If ex-parte relief is authorized or warranted, the movant must still email the application papers to the

Court as soon as practicable.

After receiving the OTSC papers, the Court will notify the parties: (1) when letters in opposition to the

TRO application must be e-filed and emailed to the Court; and (2) when a virtual conference via

Microsoft Teams or, if deemed necessary, an in- person appearance will be held to the address the

application. If a virtual appearance is scheduled, the parties may utilize the Part 11 TEAMS link and

join at the directed time. Please note that, absent an emergency, if notice of the TRO application is

provided on a Friday, the Court may not hear the application until the following week. Further, the

ability to file a letter in opposition to the TRO application shall be without prejudice to submitting

formal opposition if the OTSC is ultimately signed. ORDERS TO SHOW CAUSE ARE

SCHEDULED FOR A TIME AND DATE CERTAIN. FAILURE TO APPEAR AT THE

SCHEDULED TIME AND DATE CERTAIN WILL RESULT IN THE ORDER TO SHOW CAUSE

BEING MARKED OFF AND DENIED.

H. SETTLEMENT CONFERENCES & ADR

1. Requests for Settlement Conference: Parties may request a settlement conference with the

Court at any time after issue is joined by e-filing a letter via NYSCEF, in accordance with rule B(1)

above.

2. Settlement Conferences: The Court is available to conduct settlement conferences in all actions

pending before Part 11 at any stage of the litigation. Before the Court will schedule a settlement

conference, however, all parties must first agree to the conference and its usefulness.

All requests for a settlement conference shall be made by stipulation or letter e- filed to NYSCEF.

Requests made by email or telephone will not be considered. This rule does not apply to unrepresented

litigants, however, who may request a settlement conference by email to BxSupCiv-

IA11@nycourts.gov.

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 agree that the

conference may serve to advance the case toward settlement or other resolution. Requests that omit

this information will be denied.

3. Settlement conferences will be scheduled by the Court according to its availability.

4. Knowledge & Authority to Settle: Attorneys fully familiar with the case and authorized to

make a binding settlement agreement must appear and engage in good faith settlement negotiations

(22 NYCRR § 202.26). The parties shall complete a Pre-Trial/Settlement Information Sheet prior to

the case being conferenced with the Court. This form is also available at Bronx Supreme Court Part

Rules and Forms.

The parties shall bring at least two (2) comparable jury verdicts to any settlement conference to support

their settlement demands and offers.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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Parties and claims representatives must be available by telephone at the time of all settlement

conferences.

All settlement and pre-trial conferences shall be held in person, unless otherwise directed by the Court

and at the Court’s sole discretion.

5. Pursuant to Uniform Rule 202.1(f), attorneys who appear for a settlement conference (or any

other conference before Part 11) must be fully familiar with the facts and circumstances of the case

and authorized to enter into binding agreements on behalf of their clients. Attorneys must appear with

access to NYSCEF. Clients and/or adjusters must be available by telephone during the conference.

Failure to comply with this rule—including by sending a per diem attorney lacking knowledge or

authority—may be regarded as a default under Uniform Rule 202.27 and result in appropriate sanctions

against the attorney of record.

6. Alternative Dispute Resolution (ADR): Parties interested in pursuing Court ADR may advise

the Court of said interest by e-filing a letter via NYSCEF, in accordance with rule B(1) above. The

parties may also advise the Court of their interest in pursuing ADR during any appearance, or by

indicating same in an appropriate section of the P.C. order form, or the Compliance Order Form. 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 at any time during the pendency

of the matter (see 22 NYCRR §160 et. seq.).

If the parties are proceeding with non-Court involved ADR, they shall advise the Court of same as

soon as practicable, by e-filing a letter in accordance with rule B(1) above. Said letter must include the

type of non-Court involved ADR being pursued, the date of the scheduled ADR session(s), and whether

any motion(s) (filed and/or submitted) are sought to be held in abeyance until the conclusion of the

ADR.

I. INQUESTS AND INFANT COMPROMISE ORDERS

1. Inquest Procedure: 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, ten (10) days prior to plaintiff’s request seeking an

inquest date. Proof of said service shall be uploaded to NYSCEF.

Plaintiff shall file a Note of Issue and upload a letter to NYSCEF at the same time as requesting

the scheduling of an inquest.

Plaintiff shall serve a copy of the Note of Issue and the letter requesting the scheduling of an

inquest on defendant by first class mail within ten (10) days of filing the documents in

NYSCEF and upload an affidavit of service within ten (10) days of said service. Upon receipt

of the letter requesting an inquest and proof of the filing of a Note of Issue, the Court will

schedule the inquest and upload directives as to the procedure to be followed at the inquest.

Generally, following an inquest, the Court will require: findings of fact and conclusions of law,

relevant and recent jury awards, the transcript, and a one-page summary of the transcript with

citations, a proposed order and judgment in word format.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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Following inquest, Plaintiff’s counsel may be directed to file on NYSCEF and submit the

following documents to the law clerks: transcript, findings of fact and conclusions of law, and

3-5 Appellate Division cases which support the claimed judgment amounts for damages.

2. Infant Compromise Orders

A. 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 by the Part Clerk.

B. To avoid delay and ensure that all required documentation is submitted, counsel or

unrepresented litigants should obtain an Infant Compromise Order checklist from Room 217

before submission of the proposed Order. Proposed Infant Compromise Orders without the

required documentation will delay the process and may eventually be rejected.

C. The infant’s appearance will not be waived. Plaintiff’s counsel must make all arrangements

to have the infant and parent/natural guardian appear in person. The Court does not conduct

virtual conferences absent exigent circumstances. In the event that a virtual conference is

scheduled via Teams, counsel will receive further instructions from the Part Clerk.

D. Proof of identity of the guardian appearing at the hearing must be furnished to the Court

either prior to or on the date of the hearing.

J. JURY TRIALS

1. Pre-Trial Conferences: Regardless of the type of trial (bench, summary jury, or jury), the Court

will hold an in-person pre-trial conference with the parties’ attorneys on the day of assignment.

1. During the pre-trial conference, the attorneys shall be prepared to:

a. Discuss the case, including any anticipated issue of fact and law, and present in a short

statement each party’s position. Articulate the role of each and every party named in

the caption.

b. Discuss the current settlement offer and demand and potential settlement of the case.

c. Counsel shall be prepared to disclose all liens against the potential recovery.

d. Discuss and resolve any anticipated evidentiary issue and motions in limine. This

includes any issues relating to undisclosed or recently disclosed expert witnesses or

photographs, missing witness charges, spoilation issues, exclusion of portions of

medical records, and any other evidentiary issue known or that could have been known

on the date of the assignment of the trial to Part 11.

e. Identify all anticipated witnesses and the dates and times of their availability- Parties

shall state, if known, whether a missing witness charge will be demanded.

f. Stipulate to undisputed facts and the admissibility of clearly admissible documents.

g. Identify any defaulting parties or any culpable nonparties against whom liability is

sought to be apportioned.

h. Make any special requests, such as requests for an interpreter, media, or other

technology equipment, etc.

i. Discuss the length of time needed for jury selection.

j. The parties shall Premark exhibits. Compliance with 22 NYCRR 202.422 is required.

k. Parties must upload copies of all prior Court decisions and orders including those

issued by an appellate Court to NYSCEF.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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Any pre-trial issues, including motions in limine, not raised during the pre-trial conference may be

deemed waived. To the extent possible, all motions in limine must be made in writing. Parties shall

make the Court aware of any pre-trial issues, including motions in limine, upon the first conference

after being assigned to Part 11, and said motions/issues may be deemed waived if the parties violate

this rule.

2. Full Jury Trials: Jury Trials are assigned to Part 11 under the direction of the Trial Assignment

Part (TAP). When TAP assigns a trial to Part 11, it does so by FINDING that the parties and their

witnesses are ready for trial from the time of assignment through the conclusion of the trial.

Accordingly, all 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.

All trials shall begin promptly at 9:30 a.m. and end at 4:30 p.m. Trials will break at 1:00 p.m. and

resume at 2:00 p.m. The attorneys shall select a jury as expeditiously as possible. Trials shall be

conducted on a continuous daily basis beginning after jury selection is complete.

3. Summary Jury Trials: Upon being assigned to Part 11 for a summary jury trial (“SJT”), marked

pleadings and other papers shall be submitted to the Court pursuant to CPLR 4012 and 22 NYCRR

202.35. SJT’s are governed by The Summary Jury Trial Process: Bronx Rules and Procedure as

Amended 9/23/08. SJT Rules are available at: Bronx Supreme - Summary Jury Trial Rules. Where

appropriate, Evidentiary Hearings will be held virtually via MS Teams unless the Court orders

otherwise. Only the attorneys trying the action may appear at the evidentiary hearing. Prior to the

Evidentiary Hearing, trial counsel may be provided with a form Evidentiary Hearing Stipulation/Order

by the Court, and the attorneys shall consult with one another in an effort to stipulate to evidence

packages, jury charges, and verdict sheets. At least one (1) business day prior to the evidentiary

hearing, trial counsel shall submit the following via NYSCEF and email to the law clerks, and copying

all sides: requests to charge (as a word document), proposed verdict sheets (as a word document),

proposed evidentiary packet, a witness list, any prior Court order that will affect the summary jury

trial, and a completed or partially completed Evidentiary Stipulation/Order.

4. Procedure for all Bench and Jury Trials: No later than the end of the first day of jury selection,

if a jury trial, or the end of the day of the pre-trial conference, if a bench trial, the parties shall exchange

and submit to the Court, by both e-filing to NYSCEF and email the following to BxSupCiv-

IA11@nycourts.gov:

a. Marked pleadings.

b. A written witness list, including whether the witness is a fact or expert witness, the

anticipated order in which each witness will testify, and the anticipated length of direct

examination.

c. Expert reports.

d. A written list of any deposition testimony designations and cross- designations,

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

e. A joint stipulation regarding undisputed facts, issues and claims, and listing the

documents that are stipulated to as admissible.

f. Any special requests (use of media equipment, technology, interpreters, other trial

tools).

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026

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5. Additional Procedures for Jury Trials: In addition to submission as provided above, attorneys

shall additionally submit the following:

i. Proposed verdict sheets.

ii. Proposed introductory and closing jury charges from the most current volume.

If a party proposes that a PJI instruction be modified, the complete PJI

instruction must be submitted to chambers 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.

iii. Proposed verdict sheets shall be submitted to chambers in Word format.

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

jury charges and verdict sheets and meet and confer regarding any objections.

The parties shall work together to craft a mutually agreeable verdict sheet and

list of proposed charges. At the charging conference, the parties shall be

prepared to discuss only those proposed jury charges that are not agreed upon

in advance.

6. Adjournments: Any application for an initial adjournment of a Jury Trial assigned to Part 11

shall have been first made to the TAP Judge and any renewal of such applications will be referred to

TAP. Adjournments of trials shall be granted only upon extraordinary and unanticipated circumstances.

The unavailability of a witness whose testimony was known to be necessary to a party’s case prior to

the assignment of the case to Part 11 for trial will not constitute such a circumstance.

Hon. Mary Lynn Nicolas-Brewster, A.J.S.C. Part 11 Rules Effective: August 10, 2026