Hon. Matthew Parker-Raso — Part IA-21 Rules

Hon. Matthew Parker-Raso, J.S.C.

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

Bronx County, Civil Term

I.A. Part 21 Rules – Effective 1/26/26

Courtroom

706

Part Clerk

Ms.Claudia Louis, S.C.C.

Part Phone

718-618-1435

Part E-Mail

bxsupciv-ia21@nycourts.gov

Principal Law Clerk

AssistantLaw Clerk:

Ms. Shantel Castro, Esq. Mr. Jing Lin (George) Li, Esq.

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GENERAL PART RULES

1. No Ex-Parte Communications: There shall be no ex-parte communications with the court

whatsoever, except for ex-parte requests for judicial accommodations pursuantto applicable laws.

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 notbe responded to.

2. Letters: Unless otherwise permitted by these rules, ALL communications with the Court

shall be made by written letter filed via NYSCEF under the “letter/correspondence to judge”

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

forththe request or relief sought from the Court.

3. 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.

4. E-Filing: I.A. Part 21 is an e-filing part and all documents shall be filed via 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.

5. 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]).

6. ADA Requests: Any party requesting an ADA accommodation should visit the Court

System website for information and guidance (www.nycourts.gov) and shall be made in

accordance with 22 NYCRR Part 52.

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7. 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 the appearance

requiring interpreter services.

8. Preferred Pronouns or Names: Counselors and/or parties may directly inform Justice

Parker-Raso 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’s file.

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

personal information in papers submitted to the Court for filing (see22 NYCRR § 202.5[e][1]).

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

discontinued, disposed, resolved or withdrawn in any manner, counsel must immediately inform

the Court by letter filed via NYSCEF. As soon as practicable, the parties shall file via NYSCEF,

a fully executed stipulation of settlement, discontinuance, or withdrawal under the appropriate

NYSCEF document category. Failure to properly file such documents will result in a delay of

processing same.

RULES FOR APPEARANCES

11. In-Person Appearances: All Court appearances shall be in person unless otherwise stated

herein. Exceptions may be granted by the Court under limitedand exigent circumstances.Parties

may request a virtual appearance by e-filing a letter in accordance with rule 2above, and said letter

shall set forth the reason why the virtual appearance is requested. Parties shall NOTcall chambers

or the part to request a virtual appearance.

12. 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 2 above. Parties may

NOTcall chambers or the part to schedule or request an adjournment of an appearance.

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”).

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

be present at all appearances.

14. 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.

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]).

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

inquest, or dismissal (22 NYCRR § 202.27). Defaults shall be called at 11:00 a.m. and sanctions

shall be imposed, including dismissal, against any party that fails to check in with part 21 court

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staff before said default calendar call. Counselors who check-in and then leave part 21 before their

matter is called shall leave a cell phone number where counsel can be reached with part 21 staff.

Failure to leave said cell phone number shall constitute a default under these rules.

16. Adjournments of Motions or Conferences: If the parties seek to adjourn any motion or

conference with or without consent, a letter shall be e-filed with the court via NYSCEF, in

accordance with rule 2 above. The letter seeking the adjournment shall be e-filed 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.

There shall 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 andat the Court’s discretion.

DISCOVERY

17. 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.

Part 21 has made available fillable form Preliminary Conference Orders at Bronx Supreme Court

Part Rules and Forms. There is a specific form P.C. Order for Labor Law Matters, and a specific

form P.C. Order for Non-Labor Law Matters. If the parties submit a completed proposed P.C. order

at least two(2) business daysprior to the scheduled P.C. to the Part Clerk email address, copying

all parties, then the parties need not appear for the scheduled P.C. unless the court otherwise

directs. Said proposed P.C. orders should not be emailed to the judge’s law clerks. The parties

should not complete the section in the form P.C. orderscalling for a Compliance Conference date

as this date will be supplied by the Court.

The P.C. order form gives the parties 180 days to complete all depositions, but firm dates for all

party depositions must be set by the parties within 30 days of the P.C., outside of court. If the

parties would like firm deposition dates set forth in the P.C. order, they should list those dates on

page 6, section 15 (on the non-labor law P.C. form) or page 8 section 19 (on the Labor Law P.C.

form).

Appearances on all P.C.’s are required if a completed proposed P.C. Order is not received by the

part clerk at least two (2) business days prior to the scheduled P.C.

In Person appearances at all Compliance Conferences and Status Conferences aremandatory.

18. 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 2above.

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19. Sanctions for Non-Compliance: Non-compliance with discovery deadlines set forth in

three (3) or more discovery orders/so-ordered discovery stipulations 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).

20. Discovery Disputes: Parties shall attempt to resolvealldiscovery disputes through informal

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

scheduled conference is more than 45 days away, parties may request an expedited status

conference by e-filing a letter via NYSCEF in accordance with rule 2above.

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

specific discovery issue(s)to be addressedat the expedited conference; and (3) the details of their

good faith efforts to resolve the dispute prior to seeking Court intervention.

Parties shall NOTcall chambers or the part to request an expedited status conference.

21. Discovery Motions: The parties may not file a discovery motion prior to following the

above steps and conferencing with the Court. While highly discouraged, pursuant to 22 NYCRR

202.20-f (a), parties do not need leave of court to make a discovery motion. Parties are cautioned,

however, that frivolous disclosure motions shall not be tolerated and may result in costs and/or

financial sanctions pursuant to 22 NYCRR 130-1.1.

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 and shall initially be made returnable in the Motion

Support Office, Room 217, on any non-court holiday weekday at 9:30 a.m. The Court will schedule

an in-person appearance on ALL discovery motions made in compliance with these rules.

Discovery motions 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).

22. Note of Issue: Note of Issue shall be filed after a preliminary, compliance or status

conference has been held in Part 21 and 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. Said stipulation must be signed by all parties.

In the alternative, the Court may issue a status conference order directing that Note of Issue be

filed without stipulation, and noting that all outstanding discovery has been waived, in the event

parties have violated deadlinesset forth in at least four (4)prior discovery orders.

Additionally, if all parties agree that all discovery is complete before a Note of Issue deadlinehas

beenissued by the Court, and/or before a C.C. or status conference has been held, a Note of Issue

may be filed provided the parties also file a fully executed stipulation indicating that all discovery

is complete at the same time as the filing of the Note of Issue. If this occurs, the next discovery

conference previously scheduled shall be treated as a Pre-Trial conference. Notes of Issue filed

with such a stipulation shall not be vacated unless exigent circumstances are presented to the Court

via written motion.

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A Note of Issue that is filed prematurely or without the required stipulation of completeness, shall

be vacated sua sponte,or upon letter application from a party setting forth the non-compliance.

Part 21 does not permit post-note discovery without a showing of exigent circumstances andshall

not “so-ordered” any post-note discovery stipulations without exigent circumstances being

substantiated to the Court.

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

should not be madelightlyand must be communicated to the Court by letter filed via NYSCEF.

Such letter shall be filed atleast two (2) weeks prior to theset Note of Issuedeadline.

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.

SUBPOENAS

24. 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. Failure to include an affirmation shall result in a “Decline to Sign.”

Subpoenas for trial shall be directed to the trial assignment part (TAP). No subpoenas shall be

made returnable to the Courthouse, unless and until the matter has been transferred to TAP.

MOTIONS

25. No Appearance on Return Date/Video Exhibits: Personal appearances are not required on

motion return dates unless directed by the Court. All motions shall initially be made returnable in

the Motion Support Office, Room 217, on any weekday, other than court holidays, at 9:30 a.m.

Video exhibits shall be submitted on a DVD and must be mailed/delivered to chambers directly,

so as to be received by chambers on or before the submission date.

26. Oral Argument: All motions(other than discovery motions)are on submissiononlyunless

otherwise advised by the Court. Parties may request oral argument by including,“Oral Argument

Requested” on the first page of the papers submitted. The Court, in its sole discretion, will

determine whether to grant such request for oral argument. If the parties are not affirmatively

advised by the Court that oral argument has been scheduled, then the application for oral argument

has been denied. Parties shall not contact Chambers or the Part to inquire as to whether a request

for oral argument ona motion has or will be granted.

In the event Oral Argument is required by the Court an interim order setting the motion down for

oral argument on a date and time certain shall be issued. Attorneys appearing at Oral Argument

shall be punctual and must be fully familiar with the arguments raised in support of and in

opposition to the motion.

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27. Word Count Limits: Parties shall abide by the word count limits set forth in 22 NYCRR §

202.8-b. The Court may permit over-length submissions upon letter application e-filed via

NYSCEF.

28. Orders to Show Cause: Ordersto Show Cause shall only be brought when there is genuine

urgency, a stay is required, or it is mandated by statute (22 NYCRR § 202.8-d). Proposed Orders

to Show Cause submitted for signature must be uploaded via NYSCEF.

29. 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 (seeCPLR 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. Motions for Summary

Judgement do not stay any discovery obligations of the parties, unless otherwise ordered by the

Court.

SETTLEMENT CONFERENCES, PRE-TRIAL CONFERENCES & ADR

30. Knowledge & Authority to Settle: Attorneys fully familiar with the case and who are

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 should bring at least two (2) comparable jury verdicts to any settlement conference to

support their settlement demands and offers.

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.

31. Requests forSettlement 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 2

above.

In Labor Law matters, upon consent of all parties (including the main plaintiff[s]) the Court will

entertain requests for defendants/ third-party plaintiffs/third-party defendants only settlement

conferences to help streamline or resolve cross-claims and third-party claims for indemnification

and contribution.

32. Pre-Trial Conference: Prior to trial, counsel shall confer in a good faith effort to identify

matters not in contention, resolve disputed questions without need for Court intervention, and

further discuss settlement of the case (22 NYCRR § 202.26). Following the filing of a Note of

Issue, the Court will schedule at least one (1) pre-trial conference or settlement conference with

the parties prior to any referral to TAP.

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33. Alternative Dispute Resolution (ADR): Parties interested in pursuing Court-sponsored

ADR may advise the Court of said interest by e-filing a letter via NYSCEF. The parties may also

advise the Court of their interest in pursuing ADR during any appearance, or by indicating same

in the appropriate section of the Part 21 P.C. order form, or the Compliance Order Form. The Court

may recommend ADR to the parties or refer the parties to ADR at any time during the pendency

of the matter.

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

as soon as practicable, by e-filing a letter via NYSCEF. Said letter must include the type of non-

Court sponsored ADR being pursued, the date of the scheduled ADR session(s), and whether any

motion(s) (filed and/or fully submitted) are sought to be adjourned or held in abeyance until the

conclusion of the ADR.

JURY TRIALS

34. Full JuryTrials: Upon being assigned to Part 21 for a jury trial, marked pleadings and other

papers shall be submitted to the court pursuant to CPLR 4012 and 22 NYCRR 202.35. In the initial

part 21 conference, attorneys shall be prepared to advise the Court of all attorneys’, parties’, and

witnesses’ scheduling issues/requests. Be advised that Part 21 calendar days are every Monday

and Tuesday and that those calendar days may be “down days” during jury trials. Jury selection

will proceed on “down days” provided another courtroom can be secured by the Court.

Within 24 hours of case assignment to part 21, Trial Counsels must e-file via NYSCEF the

following: (1) Business cards/contact information including emails and phone numbers; (2) written

motions in limine; (3) Witness lists with availability (exchanged before jury selection); (4) List of

proposed evidence (exchanged before opening statements); (5) Any relevant orders pertaining to

the case; (6) Requests to Charge (with courtesy copy in word document formatto chambers staff);

(7) Proposed Verdict Sheets (with courtesy copy in word document format to chambers staff); (8)

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

35. Motions In Limine: 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 21, and said motions/issues may be deemed waived if

the parties violate this rule.

36. Summary Jury Trials: Upon being assigned to Part 21 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. Only the

attorneys trying the action may appear at the evidentiary hearing. Prior to the Evidentiary Hearing,

trial counsel will be provided with a form Evidentiary Hearing Stipulation/Order by the Court, and

the attorneys shall consult with one another to stipulate to evidence packages, jury charges, and

verdict sheetswhere possible.

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At least one (1) business day prior to the evidentiary hearing, trial counsel shall e-file the following

via NYSCEF: (1) requests to charge, (2) proposed verdict sheets, (3) proposed evidentiary packet,

(4) a witness list, (5) any prior court order that will affect the summary jury trial, and (6) a

completed or partially completed proposed Evidentiary Stipulation/Order. The Court may then

direct the parties to submit word document versions of the aboveto chambers staff.

37. Any application for an initial adjournment of a Jury Trial assigned to Part 21 shall have

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

Any application to engage in any discovery, that would result in a delay of trial, shall be referred

back to TAP by part 21.

THESE RULES MAY PERIODICALLY BE AMENDED.

PARTIES ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE

MOST RECENT VERSION.

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