Hon. Shawn T. Kelly — Part IA-24 Rules

HON. SHAWN T. KELLY

I.A. Part 24 Rules (As of September 2026)

Supreme Court of The State of New York

12th Judicial District- Bronx County

851 Grand Concourse

Bronx, New York 10451

Courtroom: Room 623

Phone: 718-618-1248

Part Clerk: Juanita Green

Email: BxSupCiv-IA24@nycourts.gov

Chambers: Room 841

Phone: 718-618-1907

Principal Court Attorney: Avana M. Desai, Esq., amdesai@nycourts.gov

Assistant Law Clerk: Eric Grimes, Esq., egrimes@nycourts.gov

GENERAL

1. Recording or photographing of any Court proceeding, either in person or virtual, is strictly

prohibited (22 NYCRR §29.1[a]).

2. All parties or their counsel must familiarize themselves with these Practice Rules and the Rules

of the Justices of the Supreme Court, Civil Branch, Bronx County.

3. Part 24 is an e-filing part. Accordingly, all documents shall be e-filed via NYSCEF. If a party is self-

represented, they must contact the Bronx County Clerk’s Office in Room 118. Part 24 may ask

the parties to provide courtesy copies of documents filed electronically pursuant to 22 NYCRR

§202.5-b(5). Do not provide courtesy copies unless asked to.

4. It is the parties’ responsibility to file their Notice of Appearance and to confirm that their current

email address is listed on NYSCEF. (22 NYCRR §202.5-b[f][2][I]).

5. Counsel and litigants (represented or self-represented) are advised that Justice Kelly, his Law

Clerks, and Part Clerk will not engage in any ex parte communications. Any communications

between the parties shall not include the Court unless directed to by the Court.

6. Failure to appear at any calendar appearance may result in an inquest or dismissal (22 NYCRR

§202.27).

7. If you are aware that there is a need for an interpreter of any language, please communicate a

request for an interpreter as soon as possible by email to the Part.

8. The parties shall omit or redact confidential personal information in papers submitted to the

Court for filing (see 22 NYCRR §202.5[e][1]).

9. Appearing counsel must be familiar with the case 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]).

10. Failure to appear at any scheduled appearance may result in default, inquest, or dismissal (22

NYCRR §202.27).

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COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS

1. ALL emails to the Part Clerk or to Chambers must list the case name and index number in the

subject line.

2. For all motions pending in the Submissions Part (Room 217), follow that part’s rules regarding

adjournments, scheduling, and withdrawals.

3. After motions are fully submitted in the Submissions Part, they are forwarded to Justice Kelly’s

Part. If oral argument is requested, such request must be indicated on the notice of motion.

Further, contact the Part Clerk requesting oral argument.

4. All requests for adjournment must be approved in advance. Without prior approval, a

stipulation will not be accepted and any failure to appear will be considered a default.

1. A request may be made by email with a copy to all parties. All adjournment requests must

provide a reason for the request and indicate whether consent has been obtained from all

parties. If approved, you will receive a new date and further instructions, such as submitting

a stipulation.

2. Except for emergency situations, if the application is made less than 48 hours before the

scheduled appearances you may be defaulted for non-appearance.

5. NO ex parte communications.

6. If a motion has been withdrawn or the case has been settled or otherwise discontinued, please

notify the Part Clerk immediately and email a stipulation executed by all affected parties.

7. DO NOT call the Part Clerk or Chambers for a status update or to ask whether a decision has

been issued. All decisions and orders are scanned and available on the internet (eCourts or

NYSCEF).

REQUEST FOR JUDICIAL INTERVENTION (RJI)

1. A party must file an RJI, for any motion filed pursuant to CPLR §3211 or a party may file an RJI at

any time after service of process to request a Preliminary Conference. In compliance with 22

NYCRR §202.23, counsel for all parties shall consult prior to a preliminary or compliance

conference about:

1. Resolution of the case, in whole or in part.

2. Discovery and other issues to be discussed at the conference.

3. Use of alternative dispute resolutions (ADR) to resolve all or some of the issues

4. Any voluntary exchange that could assist in early settlement of the case. Counsel must make

a good faith effort to reach agreement on these matters prior to the conference.

2. Counsel attending the Preliminary or Compliance Conference must be fully familiar with the

case, the status of discovery, and any settlement negotiations. Counsel must bring Bill of

Particulars, previous orders (if any), and a list of outstanding discovery demands Any

outstanding discovery demands that any party fails to disclose, discuss, or object to will be

deemed waived. All counsel and parties must be prepared and authorized to enter into binding

stipulations regarding disclosure and disposition of the case.

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PRELIMINARY CONFERENCE

1. Upon receipt of an RJI made pursuant to 22 NYCRR §202.12(a), a Case Scheduling Order (“CSO”)

will be automatically generated within 45 days and uploaded to NYSCEF in lieu of holding a

conference.

2. Parties shall strictly comply with discovery obligations by the dates set forth in the CSO (22

NYCRR §202.20-e).

3. Extensions of deadlines set forth by CSO must be requested at a compliance conference and will

only be granted upon a showing of good cause.

COMPLIANCE CONFERENCE

1. The Case Scheduling Order will set a compliance conference date. All discovery conferences are

in person.

2. At least twenty-four hours prior to the Compliance Conference, the parties must jointly submit a

completed Compliance Conference Form to Chambers by email. The parties must use this Part’s

standard form Compliance Conference Form, which is available on the Bronx County Supreme

Court’s webpage.

3. Upon receipt of the completed Compliance Conference Form, the Court may vacate the

scheduled Compliance Conference, unless the parties indicate at the time of submission of the

completed Compliance Conference Form that there is a discovery dispute requiring Court

intervention.

4. Parties are advised that the Court may alter the deadlines set by the parties, schedule a

Settlement Conference, and/or prescribe a Note of Issue filing date. An executed copy of the

Compliance Conference Form will be filed on NYSCEF.

5. Failure to provide a completed Compliance Conference Form may result in the adjournment of

the Conference.

6. 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 (22 NYCRR

§202.19[b][3]). At the compliance conference, either another status or final compliance

conference date will be scheduled, or an “on or before” filing of NOI date will be set.

7. Upon completion of discovery, the parties shall seek the Court’s permission to file the NOI.

8. Requests to extend the note of issue deadline should not be lightly made and must be

communicated to the Court by letter filed via NYSCEF and emailed to the Part Clerk at least two

(2) weeks prior to the deadline. Any such request shall be supported by an affirmation setting

forth the reasons why discovery could not be completed by the current deadline, and the

shortest possible time needed to complete discovery.

DISCOVERY DISPUTES

1. Pursuant to 22 NYCRR 202.20-f(b), before seeking judicial intervention, the parties must first

consult with one another in a good faith effort to resolve all discovery disputes. Note that letters

and emails DO NOT constitute good faith efforts and parties must confer in person or

telephonically. If a dispute cannot be resolved after such good faith effort, the party seeking

judicial intervention must submit a letter requesting a conference and advising the Court of the

nature of the dispute and the efforts made to resolve it. The request must be submitted to

chambers by email.

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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 uploaded to

NYSCEF with a courtesy copy emailed to the Part Clerk and Chambers.

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

PRE-TRIAL AND SETTLEMENT CONFERENCES

1. The parties may request a settlement conference with the Court at any time after issue is joined

and discovery has been exchanged by contacting the Part Clerk or informing the Court during an

appearance.

2. 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).

3. Following the filing of a note of issue and, where applicable, the Court has rendered a decision

on summary judgment not fully disposing of the case, the Court will schedule a pre-trial

conference with the parties prior to any referral to TAP.

4. An attorney 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). Parties and

claims representatives must be available by telephone at the time of the conference.

MOTION PRACTICE

1. Part 24 is an e-filing part. E filing rules are available here: E-Filing | New York Courts

2. It is the parties responsibility to confirm that any exhibits that they have e-filed are complete

prior to the motion submission date. Motions may be denied for failure to attach complete

exhibits.

3. No appearances are required on the motion return date unless directed by the Court.

4. All motions are on submission unless otherwise advised by the Court. Parties may request oral

argument by stating “Oral Argument Requested” on the first page of the papers submitted and

emailing the Part Clerk to request a date for argument. The Court will determine whether to

grant such requests.

5. No sur-replies shall be considered absent leave of the Court.

6. 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 copying all parties and emailed to the

Part Clerk.

7. If you want to withdraw a motion after the motion leaves the Submissions Part, please inform

the Part Clerk immediately and email a stipulation executed by all affected parties. If the motion

is in the Submissions Part, please follow that Part’s rules to withdraw.

ORDERS TO SHOW CAUSE

1. Any questions regarding the procedure for e-filing proposed orders to show cause should be

directed to the Ex Parte Office at 646-386-3125.

2. An order to show cause shall be brought only when there is genuine urgency, a stay is required,

or it is mandated by statute (22 NYCRR § 202.8-d).

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3. Any party seeking immediate injunctive relief within an order to show cause must appear with

the affected adversary or proof the adversary was notified but declined to appear when the

application is presented for signature.

4. Absent an emergency, orders to show cause may not be adjourned.

SUMMARY JUDGMENT MOTIONS

1. All summary judgment motions must be made within sixty (60) days of filing the note of issue.

Counsel’s affirmation in support must include the note of issue filing date. Motions made

before the filing of the Note of Issue stay the discovery ordered in the Preliminary Conference

and Case Management Order.

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