Hon. James G. Clynes — Part 39 Rules

HON. JAMES G. CLYNES, J.S.C.–Part 39 Rules (as of August 12,2026)

Courtroom:

60 Centre Street, Courtroom 331, New York, NY 10007

Part 39Clerk:

Jhose Dominguez(646) 386-3619

SFC-PART39-CLERK@nycourts.gov

Chambers:

60 Centre Street, Room 652, New York, NY 10007

Chambers Email

SFC-PART39@nycourts.gov

Principal Law Clerk

Joseph Doherty, jedohert@nycourts.gov

Assistant Law Clerk

Felix Serrano, ffserrano@nycourts.gov

The Court supports the professional development of junior attorneys and encourages their

participation in trials and oral arguments on motions. The Court also strongly encourages

substantive participation in court proceedings by women and lawyers from backgrounds

historically underrepresented in the bar, as well as attorneys admitted to practice fewer than five

years.

1. Communications with the Court

a. Chambers does not receive correspondence or documents filed on NYSCEF.

b. Requests to schedule or adjourn motions or conferences must be directed to the Part

Clerk by telephone or e-mail and must be made at least two business days in

advance, absent exigent circumstances.

c. No ex parte communications. Unless specifically instructed, please do not call or

e-mail chambers. Do not copy the Court on letters exchanged between counsel.

2. Motion Practice

a. All motions are on submission unless the court or the parties request otherwise.

Requests for oral argument should be sent by email to the Part Clerk, copying the

Law Clerk. Parties requesting a court reporter should include the request in the

email to the Part Clerk.

b. Discovery Motions may not be filed without first conferencing the matter with the

court.

c. Summary Judgment Motions: All summary judgment motions must be e-filed no

later than120 days after filing the Note of Issue.

d. Any exhibit to the motion must be e-filed as a separatedocument and must be given

an identifying label (e.g., Notice of Claim, Bill of Particulars, etc.), should be

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Part Rules (Part 39) August 12, 2026

paginated, and reference to any voluminous exhibit, including deposition

testimony, must include pinpoint citations.

e. Cross-motions, especially cross-motions seeking relief unrelated to the main

motion, DO NOT relate back to the date the original motion was made. “Me too”

motions are not cross-motions as they do not seek relief against the movant.

f. No more than three stipulated adjournments for an aggregate period of 60 days shall

be submitted without prior court approval.

g. Discovery is to continue during the pendency of a CPLR 3212 motion, unless good

cause is shown for a stay. A stipulation will not suffice.

3. Discovery

a. Discovery motions may not be filed without first conferencing the matter with the

Court.

b. Parties are encouraged to resolve discovery disputes and enter into discovery

stipulations without court intervention whenever possible.

c. In-camera review of documents: No compliance conference stipulation or order

shall direct any party to submit records or other evidence to the Court for an in

camera review without first conferencing the matter with the Court.

4. Oral Arguments:

a. Oral argument will be heard in Room 331 at 9:30am on Tuesdays.

b. Motions are scheduled for oral argument at the judge’s discretion.Requests for oral

argument must be included in the Notice of Motion or in the Opposition papers.

c. Settlement Authority – All counsel appearing for scheduled oral argument are

expectedto have knowledge of the procedural history and substantive issues of the

case and theauthority to engage in settlement discussions.

d. If the Court has not scheduled a motion for oral argument and counsel wishes to

request oral argument, a letter must be submitted by e-mail to the Principal Law

Clerk with allparties copied. The Court will notify the parties only if the application

for oral argument is granted.

e. Adjournments - Motions scheduled for oral argument may be adjourned for up to

60days from the original oral argument date without leave of Court, upon consent

of all parties. However, any additional adjournments can only be accomplished by

stipulation “so-ordered” by the Court—the Submissions Part will not adjourn a

motion beyond sixty days without a so-ordered stipulation.

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f. Requests for an adjournment must include both the specific reason for the

adjournment and the number of prior adjournment requests.

5. Electronic Filing:

a. All e-filed documents must be OCR text searchable PDFs.

b. All cases must be e-filed on NYSCEF except for cases involving pro se litigants

whoare not licensed to practice law in New York. Unrepresented litigants who

are not licensed New York attorneys are highly encouraged to participate in e-

filing (it is the best way to obtain easy access to court filings, keep up to date on

events in the case, and serve other parties). Instructions for efiling can be found

at:

https://iappscontent.courts.state.ny.us/NYSCEF/staging/help/UnrepresentedFactS

heet .pdf

c. For further NYSCEF instructions, please contact the e-filing Resource Support

Centerat (646) 386-3033 or see https://iapps.courts.state.ny.us/nyscef/HomePage.

6. Notifying Court of settlement or resolution:

a. Counsel must notify the Court as soon as practicable of any settlement or

resolution of active cases or pending motions. When a motion has been

withdrawn or the case has been settled, the parties shall file a Stipulation

reflecting same on NYSCEF and notify the Principal Law Clerk of such filing by

e-mail. Chambers is not automatically notified when stipulations are filed on

NYSCEF.

7. Trial Rules

a. Upon the first appearance before this Court, the parties must furnish the following:

i. A list of proposed witnesses, including the need for any interpreter;

ii. An estimate of required trial days;

iii. All marked pleadings and bills of particulars;

iv. A copy of any statutory provisions in effect at the time the cause of action

arose upon which any party relies.

v. Copies of those portions of EBTs intended for use at trial for any purpose.

vi. A trial memorandum, not to exceed five (5) pages, setting forth the party’s

position and relevant factual and legal issues to be tried, citing relevant case

law.

vii. All prior decisions in the case, including any appellate decisions.

viii. Two (2) business cards for each attorney.

b. Prior to the start of trial, the parties must furnish the following:

i. All motions in limine must be presented in writing to the court as soon as

practicable or as specifically scheduled at any pre-trial conference, with a

copy to all parties.

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Part Rules (Part 39) August 12, 2026

c. For jury trials, all counsel shall submit proposed jury charges and verdict sheets,

which shall be emailed to the court attorney and opposing counsel simultaneously

in Word format.

d. Parties are to have the court reporter pre-mark all exhibits for identification and/or

evidence if there is no objection.

e. It is the duty of counsel to ensure that all subpoenaed documents have arrived in

the subpoenaed records room at 60 Centre Street, Room 145M.

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