Hon. Anar Rathod Patel — Part 45 Rules

As of April 17, 2026

HON. ANAR RATHOD PATEL

Part 45 Practices and Procedures

Supreme Court of the State Of New York

Commercial Division

60 Centre Street, Courtroom 428

New York, New York 10007

Part Clerk/Courtroom: (646) 386-3632

Chambers: sfc-Part45@nycourts.gov; (646) 386-3234

Part Clerk: Lisa Morisi, sfc-Part45-Clerk@nycourts.gov

Principal Law Clerk: Steve Meil, Esq.; smeil@nycourts.gov

Commercial Division Law Clerk: Vanessa Van Brunt, Esq.: vvanbrunt@nycourts.gov

Assistant Law Clerk: Matthew Haag, Esq.; mhaag@nycourts.gov

I. General Practices

A. Counsel are expected to be familiar with the Rules of the Commercial Division, 22

NYCRR § 202.70, and comply therewith. In the event that this Court’s Practices and

Procedures are silent, the Rules of the Commercial Division control.

B. Appearances: The presumption is that counsel will appear in person. If one of more

of the attorneys seek(s) to appear remotely for health, long distance travel, or other

valid reasons, please contact Part Clerk Lisa Morisi via e-mail.

II. Scheduling

A. Inquiries regarding scheduling and calendar matters should be directed to the Part

Clerk.

B. Requests to Adjourn an Appearance: A request for an adjournment of an appearance

shall be made in writing at least forty-eight (48) hours prior to the appearance on notice

to the other parties and filed on NYSCEF. Any party seeking an adjournment must

attempt to obtain consent from all other parties. Applications for adjournments must

state: (1) the appearance date, (2) three (3) proposed adjourned dates/times on consent,

(3) the reason for the request, (4) the number of prior adjournments, and (5) whether

the opposing party(ies) consent(s) or object(s).

1. Absent explicit approval from the Court, the adjournment is not deemed granted,

including an adjournment on consent.

C. Requests to Adjourn a Motion: Adjournments of motions are governed by Commercial

Division Rule 16(c). Requests for an adjournment of a dispositive motion shall be

made in writing at least forty-eight (48) hours prior to the return date on notice to the

other parties and filed on NYSCEF. Any party seeking an adjournment must attempt

to obtain consent from all other parties. Applications for adjournments must state: (1)

the return date, (2) the proposed amended briefing schedule, (3) the reason for the

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request, (4) the number of prior adjournments, and (5) whether the opposing party(ies)

consent(s) or object(s).

1. Absent explicit approval from the Court, the adjournment of the return date of a

dispositive motion is not deemed granted, including a stipulation for an

adjournment of motion filed in Submissions Part – Rm 130.

III. Communications with the Court

A. Letters: All communications with the Court shall be in writing and filed on NYSCEF,

with copies simultaneously delivered to all counsel or self-represented parties.

B. Telephone Calls and E-mails: Telephone calls and e-mails to Chambers are permitted

only in situations requiring immediate attention. Any ex parte communication is

strictly prohibited. Self-represented parties must direct all communications through the

Part Clerk.

IV. E-Filing and Working Copies

A. All parties in matters subject to e-filing rules are expected to be familiar with the E-

Filing Protocol. All documents in e-filing cases must be filed on NYSCEF. All

submissions to the Court, including motion papers, letters, proposed orders, and

proposed judgments must be electronically filed on NYSCEF.

B. Absent a specific request, the Court does not require working copies of documents.

V. Requests for Admission Pro Hac Vice

A. Requests for admission pro hac vice, including requests by stipulation, shall be

accompanied by an affirmation in support by a member of the Bar of the State of New

York, an affirmation from the applicant, a recent certificate of good standing for the

applicant, and a proposed order for each motion. The affirmation must also disclose

whether the applicant has ever been, or is presently, subject to disciplinary proceedings.

See Addendum 2 attached to these Practices and Procedures (Proposed Order for

Requests for Admission Pro Hac Vice).

VI. Confidentiality Orders

A. The parties are directed to Commercial Division Rule 11-g and Appendix B thereto for

the form Stipulation and Order for the Production and Exchange of Confidential

Information. If the parties propose to deviate from the form Stipulation, the parties

shall file (1) a copy of the parties’ proposed confidentiality order; (2) a redline of the

parties’ proposed order to the form Stipulation; and (3) a letter to the Court articulating

the reasons for such deviations.

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VII. Document Sealing and Redacting Procedures

A. General: The parties may not stipulate to seal or redact documents or information.

Motions to seal and/or redact must be made by Order to Show Cause. Prior to filing a

motion to seal, the movant must meet and confer with opposing counsel and indicate

in its memorandum of law whether the motion is opposed or unopposed. The Court

strongly encourages the parties to consider narrowly tailored redactions instead of the

sealing of an entire document. Danco Labs., Ltd. v. Chemical Works of Gedeon

Richter, Ltd., 274 A.D.2d 1, 6 (1st Dept. 2000).

B. Successive motions: The Court will not entertain successive motions to seal

documents/information that the Court previously permitted (by final order) to be

redacted or sealed; instead, the parties shall submit a proposed sealing order to the

Court pursuant to Section VII generally and Section VII.D.4 (proposed order), citing

to the relevant order permitting the documents/information in question to be redacted

or sealed.

C. Temporary sealing of documents pending the hearing on the Order to Show Cause:

Unredacted versions of putatively confidential documents must be filed on NYSCEF

for the Court’s consideration in reviewing the Order to Show Cause. When filing the

unredacted document on NYSCEF, choose the “Request to Seal” option when selecting

the “Document Type.” The temporary sealing expires, absent court order, after

fourteen days. To extend the period of temporary sealing beyond fourteen days, the

Order to Show Cause should include a request for interim relief as follows:

1. “ORDERED that pending the determination on this Order to Show Cause, the Clerk

of the Court is directed to maintain NYSCEF Doc. No. [Insert] temporarily under

seal, accessible only to the parties, their counsel, and court personnel.”

D. Orders to Show Cause to Seal and/or Redact: A movant must submit the following

materials in conjunction with the proposed Order to Show Cause:

1. Memorandum of law stating the basis of the purported good cause to seal or redact

each document or piece of information, citing applicable law, supporting authority,

and referring to each document by the corresponding NYSCEF Docket Number.

General assertions that information contained in documents is “confidential” are

not sufficient. Under applicable law, “the party seeking to seal court records has

the burden to demonstrate compelling circumstances to justify restricting public

access.” Maxim, Inc. v. Feifer, 145 A.D.3d 516, 517 (1st Dept. 2016) (internal

citations and quotations marks omitted). The fact that the parties have a

confidentiality agreement or otherwise stipulate to sealing is not sufficient to

warrant sealing or redaction of specific documents. The Court has an independent

obligation to determine whether sealing is appropriate. See e.g., Maxim, 145

A.D.3d at 518; Gryphon Dom. VI, LLC v. APP Intern. Fin. Co., B.V., 28 A.D.3d

322, 324 (1st Dept. 2006);

2. Affidavit based on personal knowledge (i.e., not an attorney affidavit based on

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information and belief) attesting to the factual bases for sealing or redaction and

referring to each document by the corresponding NYSCEF Docket Number;

3. Proposed order identifying each document by NYSCEF Docket Number to be

sealed/redacted;

4. Sealing/redacting spreadsheet that clearly identifies: (a) each document sought to

be sealed or redacted with the corresponding NYSCEF Docket Number; (b) the

categorization of each document; (c) whether movant seeks to seal or redact the

document; (d) the proposed good faith basis to seal or redact; and (e) citations to

applicable authority supporting good cause to seal/redact.

E. Proposed Sealed or Redacted Documents: A movant must file documents to be sealed

or redacted on NYSCEF in compliance with New York County Protocol at Section K

and as follows: (1) counsel must file every document sought to be sealed or redacted

on NYSCEF under temporary seal in completely unredacted form with all proposed

redactions highlighted in yellow, and corresponding to the sealing/redacting

spreadsheet; (2) counsel must also e-file a public copy of each document on NYSCEF

with the proposed redactions in place, or a slip sheet if seeking to seal an entire

document; (3) Chambers will not accept documents by hard copy or e-mail.

F. Assistance: For assistance with procedural e-filing issues, including the procedure for

filing documents under provisional seal, please contact the County Clerk’s Office E-

File Department, Room 141 B, 646-386-3737, or the Commercial Division Support

Office, Room 119, 646-386-3020, SFC-CDSupport@nycourts.gov.

G. Judiciary Law § 4: The parties are reminded that all court proceedings, taking place

remotely or in-person, are open to the public.

VIII. Motions

A. General: All motions shall be made in accordance with Commercial Division Rules

16, 17, and 18. Absent permission from the Court, sur-reply and post-submission

papers are not permitted. All motion papers and accompanying documents, including

exhibits and unpublished opinions, must be uploaded to NYSCEF.

B. Pre-Motion Conference Required: Pursuant to Commercial Division Rule 24, any party

seeking to make a motion, except as allowed by Rule 24, must file a written letter request

for a pre-motion conference, on notice to all other parties, on NYSCEF. The letter request

should state the basis of the anticipated motion and may not exceed two (2) pages. All

parties so served may serve and file a letter response, not to exceed two (2) pages, via

NYSCEF, within two (2) business days from service of the notification letter.

C. Return Date: Personal appearances are not required on the return date unless directed

by the Court.

D. Oral Argument: All motions are by submission only unless otherwise advised by the

Court. Parties may request oral argument by stating “Oral Argument Requested” on

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the first page of the papers submitted.

E. Orders to Show Cause: Pursuant to Commercial Division Rule 19 and 22 NYCRR §

202.8-d, an Order to Show Cause shall be brought only when there is genuine urgency,

a stay is required, it is mandated by statute, or by leave of Court. The length of papers

submitted regarding Orders to Show Cause shall conform to 22 NYCRR § 202.8-b.

F. Memoranda of Law: All motion papers (in support, opposition, and reply), whether by

notice of motion or order to show cause, must include a Memorandum of Law subject

to the word limits set forth in Commercial Division Rule 17.

G. Motions for Summary Judgment: All motions for summary judgment shall be

accompanied by a Statement of Undisputed Facts that comply with Commercial

Division Rule 19-a. All opposing papers shall include a response to the Statement of

Undisputed Facts that comply with Commercial Division Rule 19-a. The Rule 19-a

Statement is to be submitted separate from the Statement of Facts (with citations to the

record) in the Memorandum of Law. Motions for summary judgment must be

served/filed within forty-five (45) days of the service/filing of the Note of Issue. Cross-

motions for summary judgment are not permitted.

IX. Discovery

A. Rule 14 Conference: Pursuant to Commercial Division Rules 14 and 14-a, discovery

motions are discouraged, and the parties shall meet and confer in good faith to resolve

discovery disputes prior to seeking judicial intervention.

B. Discovery Motions: For cases already assigned to this Court at the time that a discovery

dispute arises, no motion with respect to the dispute shall be made without a prior

conference with the Court. Any party seeking to make a discovery motion must file a

written letter request, not to exceed two (2) pages, for a conference, on notice to all other

parties, on NYSCEF. The letter request should state: (a) that the parties have met and

conferred pursuant to Commercial Division Rule 14 and the dates of the meet and

confer sessions; (b) the basis of the anticipated motion and attendant discovery-related

disputes. All parties so served may serve and file a letter response, not to exceed two

(2) pages, via NYSCEF, within two (2) business days from service of the notification

letter.

1. For cases in which a discovery motion accompanies the Request for Judicial

Intervention, no opposition papers shall be served until there has been a prior

conference with the Court, pursuant to Section VI.B. herein.

C. E-Discovery: Pursuant to Commercial Division Rule 11-c and Appendix A thereto,

parties and non-parties are advised to consult the Commercial Division’s Guidelines

for Discovery of Electronically Stored Information (“ESI”). Parties are encouraged to

execute a stipulation for the exchange of ESI at the outset of litigation.

D. Stays of Discovery: There is no automatic stay of discovery absent the death or

bankruptcy of a party. The parties shall immediately notify the Court in the event of

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the death or bankruptcy of a party, with the appropriate supporting documentation.

E. Discovery Responses and Certifications: The parties must serve privilege logs and

Commercial Division Rule 11-b Certifications with all document productions, and

compliance with Commercial Division Rule 11-e is mandatory. The parties must verify

their satisfaction of Rule 11-e(d) by providing a Certification of the Responsible

Attorney at least thirty (30) days prior to the close of fact discovery.

F. Documents Not Produced: Absent compelling circumstances, documents not produced

during discovery will not be admitted as evidence at trial.

X. Conferences

A. Preliminary Conference: Pursuant to Commercial Division Rules 8 and 11, prior to the

scheduled Preliminary Conference, the parties shall meet and confer to jointly prepare

a brief statement—not to exceed two (2) pages—describing the facts of the case and

the contentions of the parties and a proposed Preliminary Conference Order, using this

Court’s form Preliminary Conference Order. The parties shall submit the joint

statement, proposed Preliminary Conference Order, and Commercial Division Rule 10

Certification at least two (2) days prior to the date of the scheduled preliminary

conference via NYSCEF.

1. Pursuant to Commercial Division Rule 13, interim discovery dates may be adjusted

without further order of the Court, however the date for completion of discovery,

the Trial Readiness Conference, and filing the Note of Issue may not be modified

without the Court’s prior written approval.

B. Trial Readiness Conference: At the Trial Readiness Conference, the Court will expect

that the parties report that all discovery is complete so that the Court may certify that

the case is ready for trial.

1. If the parties have not apprised the Court of any discovery issues and/or disputes

since the Preliminary Conference, the Court may determine that all discovery not

completed has been waived.

2. The parties shall be prepared to address whether they intend to file summary

judgment motions or proceed directly to trial. Absent unusual circumstances, all

motions (no cross-motions for summary judgment will be permitted) for summary

judgment must be filed within forty-five (45) days of the filing of the Note of Issue.

C. Settlement Conferences and Mediation: At any time, the parties may, on consent,

request referral to Alternative Dispute Resolution (ADR) or other mediation, or a

settlement conference with the Court via joint letter to the Court filed on NYSCEF.

D. Transcripts: Following all appearances conducted on the record, the parties are directed

to obtain a copy of the transcript and file it on NYSCEF within thirty (30) day of the

appearance date.

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XI. Trials and Evidentiary Hearings

A. Scheduling: The parties are referred to Commercial Division Rules 25 and 36.

Generally, a trial date will not be set until after the Pre-Trial Conference is held.

B. Virtual Evidence Courtroom: A Virtual Evidence Courtroom will be set up in NYSCEF

for each trial/hearing. All proposed exhibits, exhibit charts, and proposed witness lists

should be uploaded to the Virtual Evidence Courtroom. With the exception of

proposed jury instructions and verdict sheets, all documents in preparation for any

trial/evidentiary hearing, including documents named in Section XI.C, infra, should be

uploaded to the Virtual Evidence Courtroom.

1. The Virtual Evidence Courtroom does not accept non-PDF documents. Should any

party seek to file non-PDF documents (e.g., Excel, videos), the party is directed to

file a slipsheet identifying the exhibit notation and provide the underlying file(s) to

the Court on a USB flash drive with the case caption / index number denoted.

C. Pre-Trial Conference

1. Meet and Confer Prior to the Pre-Trial Conference: The parties shall meet and

confer regarding the submission of items identified at Section C.2. and the claims

to be resolved at trial. The parties shall have resolved all non-substantive issues

concerning the admissibility of the proposed exhibits, such as extraneous writings

found on such exhibits, and stipulate to the admissibility of exhibits where there is

no objection.

2. Three (3) business days prior to the Pre-Trial Conference: The parties must e-file

the following: (1) pre-trial memoranda of law (including, but not limited to, claims

to be resolved at trial); (2) a copy of all expert reports; (3) marked pleadings; (4) a

joint statement of stipulated facts and procedural history; (5) exhibit charts and

proposed exhibits as described below; (6) proposed witness lists; (7) deposition

designations (jointly submitted with each side’s designations to follow the other

side’s designations in page order), and (8) for jury trials, proposed jury charges and

verdict sheets.

1. Proposed Jury Instructions and Verdict Sheets, including the text of relevant

PJI instructions, should be submitted by e-mail to Chambers (sfc-

Part45@nycourts.gov) in Word format. The submissions should designate the

instructions to which the parties have stipulated. If a deviation from PJI

instructions is sought, the parties must submit the full text of the proposed

charge, together with a legal memorandum supported by case law.

2. Exhibits and Exhibit Charts: Each side must provide an exhibit chart that

conforms to Addendum 1 attached to these Practices and Procedures (Template

for Exhibit Chart). If a party does not designate a document as disputed as

admissible evidence, the party will not be permitted to oppose its use at trial.

Wholesale objections to evidence without specificity are insufficient and will

be deemed waived. The parties are directed to upload exhibit charts and

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proposed exhibits to the Virtual Evidence Courtroom.

3. Witness Lists: The parties are directed to upload proposed witness lists to the

Virtual Evidence Courtroom and to meet and confer regarding the order of

witnesses and proposed time allocation for each witness.

4. All motions in limine shall be made in accordance with Commercial Division

Rule 27, and returnable by no later than the date scheduled for the Pre-Trial

Conference.

D. Length of Trial: Unless otherwise directed by the Court: (1) trials generally will be

scheduled for a fixed duration, with the time divided equally between Plaintiff(s) and

Defendant(s), including time spent cross-examining the other side’s witnesses; and (2)

the parties will be responsible for keeping their own time. The parties shall meet and

confer prior to the pre-trial conference regarding the anticipated length of trial.

E. Direct Affidavits: If the parties intend to use direct affidavits, the party must provide

the Court and all parties with a copy of the affidavit at least three (3) days before the

witness is scheduled to testify.

F. Post-Trial: In accordance with the schedule set by the Court, the parties must submit

and upload to NYSCEF: (1) a consolidated transcript of the proceeding; (2) for non-

jury trials, post-trial memoranda as set forth below; and (3) and any other document

required to complete the record for purposes of any appeal.

1. Post-Trial Memoranda: Thirty (30) days after receiving the transcript, the parties

shall submit post-trial briefs of up to 7,000 words (excluding caption, table of

contents, table of authorities, and signature blocks). Thirty days (30) thereafter, the

parties may file reply briefs of up to 4,200 words (subject to the same exclusions).

The initial post-trial briefs shall organized as follows: i. Preliminary Statement

(optional), ii. Proposed Findings of Fact, iii. Proposed Conclusions of Law,

separately for each cause of action (claim, counterclaim, crossclaim, and third-party

claim), iv. Conclusion – including specific relief sought for each cause of action,

and v. Proposed Judgment. Parties shall cite to the consolidated transcript as

appropriate in the briefing.

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ADDENDUM 1

Template for Exhibit Chart

Exhibit Description Stipulated Objection Ruling Admitted

at Trial

[Plaintiff - PX# [Description] Stipulated [state the basis of Sustained Admitted

[Defendant - DX#] the objection

[check if the parties with a sufficient Overruled

have stipulated to explanation for

the admission of the Court to [Court will [Court will

the exhibit] make a ruling] complete] complete]

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ADDENDUM 2

Form of Proposed Order for Requests for Admission Pro Hac Vice

___________________________, Esq., having applied to this court for admission pro hac

vice to represent [plaintiff/defendant] ______________________ in this action, and said applicant

having submitted in support thereof a stipulation of all parties dated________, an affirmation, of

______________, Esq., a member of the Bar of the State of New York and attorney of record

herein for ________________________, an affirmation of the applicant dated _________, and a

Certificate of Good Standing from the jurisdiction in which the applicant was admitted to the

practice of law, and the court having reviewed the foregoing submissions and due deliberation

having been had, it is now therefore

ORDERED that the motion is granted and __________________________ , Esq. is

permitted to appear and to participate in this action on behalf of ___________________________

; and it is further

ORDERED that he/she shall at all times be associated herein with counsel who is a member

in good standing of the Bar of the State of New York and is attorney of record for the party in

question and all pleadings, briefs and other papers filed with the court shall be signed by the

attorney of record, who shall be held responsible for such papers and for the conduct of this action;

and it is further

ORDERED that, pursuant to Section 520.11 of the Rules of the Court of Appeals and

Section 602.2 of the Rules of the Appellate Division, First Department, the attorney hereby

admitted pro hac vice shall abide by the standards of professional conduct imposed upon members

of the New York Bar, including the Rules of the Courts governing the conduct of attorneys and

the Disciplinary Rules of the Code of Professional Responsibility; and it is further

ORDERED that he/she shall be subject to the jurisdiction of the courts of the State of New

York with respect to any acts occurring during the course of his/her/their participation in this

matter; and it is further

ORDERED that said counsel shall notify the court immediately of any matter or event in

this or any other jurisdiction which affects his/her/their standing as a member of the Bar.

Date: ________________________

New York, New York

ENTER: ______________________________

Hon. Anar Rathod Patel, A.J.S.C.

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