Hon. Alexander M. Tisch — Part 18 Rules

HON. ALEXANDER M. TISCH

I.A.S. Part 18

71 Thomas Street, Room 104

New York, New York 10013

Part Clerk: Michelle Cruz 646-386-3472 SFC-Part18-Clerk@nycourts.gov

Principal Law Clerk: Rena Malik, Esq.

Assistant Law Clerk: Brantley L. Carter, Esq.

I. CORRESPONDENCE TO CHAMBERS

No ex parte communications. Please do not call or e-mail Justice Tisch or his staff unless all parties

participate in the communication. Do not copy the Court on letters exchanged between counsel; all

such communications will not be entertained. Correspondence should be e-filed for the Court’s future

reference.

Please do not call Chambers or the Part 18 Clerk to ask whether a decision has been issued or when a

decision is expected to be issued. All decisions and orders are scanned and available on the internet

(NYSCEF, eCourts or SCROLL).

Letters must be e-filed AND must also be sent by mail or e-mail to Judge Tisch’s law clerks or Part 18

Clerk at SFC-Part18-Clerk@nycourts.gov.

If sent by mail or e-mail in the first instance, please also e-file onto NYSCEF for the record. If it is

correspondence in a paper case, please send directly to the Part; it will be filed with the County Clerk

after the Court’s review.

II. ADJOURNMENTS

Motions Returnable in the Motion Submissions Part (Room 130 of 60 Centre Street):

Requests to adjourn motions returnable in the Motions Submissions Part must be made by e-filing a

stipulation to adjourn. Please contact the Submissions Part at 646-386-3230 or by e-mail to

nymotcal@nycourts.gov. However, if you require a so-ordered stipulation to adjourn a motion in the

Submissions Part (which is required if the parties seek to adjourn the motion 60 days past the original

return date), see “Items to be ‘So-Ordered’” below.

ALL requests for adjournment of Part 18 appearances (both motion and conference appearances) are to

be directed to the Part Clerk.

Motions Returnable in Part 18 (motions scheduled for oral argument and on submission):

E-mail Part 18 Clerk requesting an adjournment at least 1 business day before the scheduled

appearance. Please indicate the reason for the adjournment and advise whether it is on consent. The

Part Clerk will provide you with a new date if the request is granted.

Any stipulation or e-mail request on consent received less than 1 business day before the scheduled

appearance may not be entertained by the Court, except in emergency situations. Parties not in

compliance may be defaulted for nonappearance. In such situations where the parties have not

provided a timely request, the parties should appear and make an in-person application for the

adjournment to the extent possible.

If the parties are unable to consent to an adjournment, the parties should contact the Part Clerk to

request a conference call with the Court. Alternatively, the parties may appear at the scheduled

appearance and make an application for the adjournment before the Court.

III. CONFERENCES

Request for Preliminary Conference (PC): Parties must file the RJI indicating a request for PC and email

SFC-Part18-Clerk@nycourts.gov. If the RJI has already been filed, then a party should email SFC-Part18-

Clerk@nycourts.gov.

A preliminary conference form may be submitted in lieu of a virtual PC appearance. PC Orders are

available on the Court’s website here: PC-Genl.pdf (nycourts.gov). Please send the proposed preliminary

conference order to Part 18 Clerk Email.

Guidelines:

o Item (7) - parties can choose or insert “TBD”

o Item (8) - Should be 60 days following last party deposition

o Item (9) - Insert a Wednesday for a compliance conference (time TBD by Part Clerk) or leave it

blank for the Court to fill in.

o Item (10) - Dispositive motions shall be made 120 days post-note of issue.

o Item (11) - Leave blank for the Court to fill in.

Parties may submit a stipulation or proposed status conference order in lieu of appearing virtually at the

scheduled compliance or status conference. Such submissions shall be received the day before the

scheduled appearance.

Guidelines:

o Please describe or list all outstanding discovery

o For the next Status Conference date, please insert a Wednesday. If a time is written in for 10:00

am or 2:30 pm session, the Part Clerk will try to accommodate. If no time is listed, it will be

determined by the Part Clerk per availability

o Note of issue date should reflect the date set forth in the latest order. If an extension is

required, leave it blank for the Court to fill in.

o It must list all appearances and signatures. If there is a party that is listed in the caption but has

defaulted in appearing, or if a party has been discontinued from the matter, please indicate the

same somewhere in the stipulation or form. Failure to account for each party listed in the

caption and/or indicate respective signatures may result in rejection of the stipulation or

proposed order

Conferences are held virtually via Microsoft Teams. Requests to appear in-person for a conference shall

be directed to the Part Clerk. The Court reserves the right to direct an in-person appearance on any

conference.

Calendar invitations with Teams link will be sent by the Part Clerk to all parties of record on NYSCEF. If

you have not received the calendar invitation or link, please contact the Part Clerk.

Pursuant to 22 NYCRR 202.11, parties must consult with one another prior to their conference.

Pursuant to 22 NYCRR 202.20 parties should e-mail their stipulated proposed order within one business

day after the conference.

IV. ORAL ARGUMENT - PART 18 MOTION APPEARANCES

Oral arguments are generally held on Tuesdays, Wednesdays, and Thursdays at half-hour intervals from

10:00 am through 12:00 pm.

Oral arguments are held virtually via Microsoft Teams. Requests to appear in-person for a argument

shall be directed to the Part Clerk. The Court reserves the right to sua sponte direct that oral argument

be held in-person on any motion.

Calendar invitations with Teams link will be sent by the Part Clerk to all parties of record on NYSCEF. If

you have not received the calendar invitation or link, please contact the Part Clerk.

Please note that if a motion appearance is scheduled in Part 18 on a Monday, it is for the submission of

papers only and no appearance (virtual or in-person) is required unless you have requested argument in

advance of the return date by e-mail to the Part Clerk and the same has been confirmed, or if you are

specifically advised of the same by either Court order and/or a calendar invitation from the Part Clerk

stating that an appearance is required.

V. PAPERS

This is an e-file Part. Working copies are not required.

If reliance is placed on a decision or other authority not officially published or readily obtainable by the

Court, a copy of the case or pertinent portions of the authority shall be submitted with the motion

papers.

No sur-reply papers. Papers or letters regarding a motion should not be presented to the court after

submission of the motion in the Motion Submission Part (Room 130), or after argument in Part 18, if

any, except with the advance permission of the court. Materials submitted in violation of this rule will

likely be disregarded by the court.

Each document or exhibit submitted electronically shall be separately filed and described in the

“Additional Document Information” section when uploaded to NYSCEF so that it is known what

document is without the need to open it.

E.g., “Exhibit A, Bill of Particulars”; “Ex. B, 50-h Transcript”; a “Notice of Motion” should have an

accompanying description about what the motion is for, such as “amend complaint,” “summary

judgment,” “dismissal (3211[a][7]),” “default judgment”; “strike complaint” etc.

Failure to comply with this provision may result in rejection of the filing.

VI. SETTLEMENT

Parties may request a pre-note settlement conference by calling or e-mailing the Part Clerk.

If a case has settled while a motion is pending (or at anytime), or if you wish to withdraw the motion

(after submission in room 130 and before oral argument), please advise the Part 18 Clerk in writing

immediately by e-filing correspondence to NYSCEF and e-mailing the same correspondence to the Part

Clerk.

VII. ITEMS TO BE “SO-ORDERED” OR REQUIRES JUSTICE’S SIGNATURE

Such items include, inter alia, stipulations, subpoenas, transcripts, and proposed orders and judgments.

A hardcopy may be brought or sent directly to the Part. If these documents are e-filed, the parties must

promptly notify the Part Clerk of such filing and request for so-order.

VIII. WITHDRAWING MOTIONS

If you wish to withdraw a motion pending in the Submissions Part, e-file the stipulation or letter from

the movant to withdraw the motion under the appropriate motion sequence number. For further

inquiries, notify the Submissions Part (60 Centre Street, Room 130 by telephone at 646-386-3030 or

646-386-3230 or e-mail to nymotcal@nycourts.gov).

If you wish to withdraw a motion that is pending in Part 18 (after submission in room 130, whether or

not oral argument has been scheduled), please e-file the stipulation or letter from the movant

withdrawing the motion and advise the Part 18 Clerk in writing immediately.

IX. DISCOVERY MOTIONS

The parties may not file a motion relating to discovery without compliance with 22 NYCRR §§ 202.7 (c)

and 202.20-f. Additionally, parties must request a conference with the Court prior to filing a motion or

request leave to file the motion without a conference if the party believes such conference would be

futile. It is within the Court’s discretion to hold a conference or grant leave to move without conducting

a conference first. If leave to make a discovery-related motion was granted by the Court, the

affirmation of good faith shall state precisely when and by whom it was granted leave to file the motion.

X. The Court reserves the right to vary these rules in the interest of justice or for good cause

shown.