Hon. Joel M. Cohen — Part 3 Rules

HON. JOEL M. COHEN

PART 3 –PRACTICES AND PROCEDURES (revised June 2, 2026)

Supreme Court of the State of New York

Commercial Division

60 Centre Street, Courtroom 208

New York, NY 10007

Part Clerk/Courtroom Phone: 646-386-3287

Chambers Phone: 646-386-4927(external calls only if scheduled by the Court)

Principal Law Clerk: Tiffany J. Klinger, Esq. (tjklinge@nycourts.gov)

Commercial Division Law Clerk: Ali Rawaf, Esq. (arawaf@nycourts.gov)

Assistant Law Clerk: Angus Taylor(ataylor@nycourts.gov)

Courtroom Part Clerk: MeganWhitlow(mwhitlow@nycourts.gov)

Chambers Email Address: sfc-part3@nycourts.gov

Courtroom hours are from 9:30 a.m. to 4:30 p.m.

Lunch recess is from 1 p.m. to 2:15 p.m. The courtroom is closed duringthat time.

Preliminary, Compliance, and Status Conferences generally are held on Tuesdays beginning at

9:30 a.m. Pre-trial Conferences and oral argument on motions will be held as scheduled by the

Court.

I. GENERAL

A. TheRules of the Commercial Division, 22 NYCRR 202.70, are incorporated

herein by reference, subject to minor modifications described below.

B. The Court strongly encourages substantiveparticipation in court proceedings by

women and diverse lawyers,who historically have been underrepresented in the

commercial bar, as well as by lawyers who have been practicing for five years or

less.

II. COMMUNICATION WITH CHAMBERS

A. All communications to Chambers regarding procedural, scheduling, and logistical

matters maybe made by email to sfc-part3@nycourts.gov, copying counsel for all

parties.

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B. Chambers will not accept external telephone calls (or voicemails) without prior

approval and scheduling. Requests for a telephone conference may be made by

email.

C. All communications seeking substantive relief from the Court must be filed on

NYSCEF. If the matter is not controversial or counsel believe it can be resolved

informally, the request may be made by letter, copying counsel for all parties.

(See also Section VI below regarding pre-motion letters for discovery disputes.)

Otherwise, requests for relief must be made by motion.

III. SUBMISSION OF DOCUMENTS

A. Part 3 is an e-filing Part. Judge Cohen does not accept working/courtesy copies

of documents.

B. Copies of proposed orders to show cause, proposed orders, proposed judgments,

and post-trial briefsshould be e-mailed to Chambers at sfc-part3@nycourts.gov in

Word format.

IV. CONFERENCES

A. Preliminary Conferences. Parties are to use this Part’s standard form Preliminary

Conference Order. Copies are available on the Commercial Division website

(https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/Part3-

Preliminary-Conference-Order.pdf), from the Part Clerk, or in the Courtroom.

Parties are to meet and confer and fill out the Preliminary Conference Order in

advance of the Conference and must be prepared to address the topics listed in

Commercial Division Rule 8.

This Part hereby adopts the procedure set forth in Commercial Division Rule

11(a)-(c), which requires certain information to be exchanged in advance of the

Preliminary Conference.

B. Compliance Conferences. At least seven days prior to the compliance conference,

counsel shall submit a joint letter not exceeding three single-spaced pages setting

forth the status of discovery, describing any significant disputes to be addressed at

the conference, whether there are any outstanding motions and/or appeals, and

whether the parties have attempted Alternative Dispute Resolution or other efforts

at settlement.

C. Status Conferences. At least seven days prior to the status conference, counsel

shall submit a joint letter not exceeding three single-spaced pages setting forth a

summary of the case, the current schedule for completion of discovery and filing

Note of Issue, any proposed revisions to the schedule and reasons therefor,

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whether there are any outstanding motions and/or appeals, and whether the parties

have attempted Alternative Dispute Resolution or other efforts at settlement.

D. Transcripts. Following all proceedings conducted on the record, the parties are to

obtain a copy of the transcript and upload it to NYSCEF.

V. CONFIDENTIALITY ORDERS

A. Model Confidentiality Order. Any proposed order regarding the confidential

exchange of information shall be based on the model Stipulation and Order for the

Production and Exchange of Confidential Information, available at:

https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/202.70(g)%20-

%20Rule%2011-g%20(attachment).pdf

B. Deviations from Model Order. If the parties propose to deviate from the Model

Order, other than simply to fill in details about the case, theyshall file: (1) a copy

of the parties’ proposed confidentiality order; (2) a redline of the document

showing proposed deviations from the Model Order; and (3) a letter to the Court

explaining the reasons for such deviations.

VI. MOTION PRACTICE

A. Limited Use of Orders to Show Cause. Motions shall be brought on by order to

show cause only when there is genuine urgency (e.g., applications for provisional

relief), a stay is required, a statute mandates so proceeding, or by leave of Court.

(Commercial Division Rule 19.)

B. Pre-Motion Letters. Except for discovery motions (Section VI below), no prior

permission or letters pursuant to Commercial Division Rule 24 are required

before making a motion. If the parties believe the dispute may be resolved

quickly without the need for formal motion practice, they can request a pre-

motion conference.

C. Memoranda of Law. All motion papers (in support, opposition, and reply),

whether by notice of motion or order to show case, must include a Memorandum

of Law, subject to the word limits set forth in Commercial Division Rule 17.

Wholesale incorporation by reference of an affidavit or other evidentiary material

is not a substitute for including a Statement of Facts (with citations to the record)

in the Memorandum of Law. Affidavits or Affirmations of counsel containing

legal argument should not be submitted.

D. Combined Briefs. Similarly situated parties (e.g., multiple defendants moving to

dismiss on overlapping grounds) should make reasonable efforts to consolidate

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their briefing papers toavoid duplication. The Court will consider requests to

enlarge applicable word limitations to facilitate the filing of combined briefs.

E. Motions for Summary Judgment. Commercial Division Rule 19-a statements are

required. The responsive statement submitted by the non-moving partyshould

include the text of the moving party’s statementto which each paragraph-specific

response is addressed. TheRule 19-a statement is not a substitute for

including a Statement of Facts (with citations to the record) in the

Memorandum of Law.

F. Motion Sequence Number. All papers must have the Motion Sequence Number

to which they are related placed on the front page.

G. Oral Argument. Requests for oral argument may be included in the Notice of

Motion or in the Opposition papers. If the Court concludes that oral argument is

not necessary, a written Decision will be issued on the submitted papers.

H. Exhibits. Exhibits to motions shall be uploaded to NYSCEF individually, with

each Exhibit clearly labeled with its respective identifying information.

I. Transcripts. Following all hearings on motions, the parties are to obtain a copy of

the transcript and upload it to NYSCEF.

VII. DISCOVERY

A. The Court expects parties and counsel to proceed cooperatively and professionally

during discovery, with an emphasis on efficiency, practicality, and

proportionality. Parties and counsel should assume that the Court is able to

distinguish between those who solve problems and those who create them

unnecessarily.

B. Discovery motions are discouraged. Ifa dispute cannot be resolved after good

faith efforts to meet and confer, the parties should proceed in accordance with

Commercial Division Rule 14. The parties shall coordinate to make a singleRule

14 submission to the Court containing both the initial letter and any responsive

letter(s).

C. Requests for extension of the Court-ordered end date for discovery must be made

prior to the end date and must state how many prior extension requests havebeen

granted.

VIII. EVIDENTIARY HEARINGS

A. If the parties wish to have an evidentiary hearing on a preliminary injunction

motion or any other type of motion, they must so advise the Court when the

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hearing is being scheduled (typically, in connection with the order to show cause)

so that sufficient time can be reserved. Otherwise, the hearing will proceed based

on the motion papers (with supporting affidavits and exhibits) and argument of

counsel.

B. If an evidentiary hearing is scheduled, the following rules shall apply unless

otherwise directed by the Court:

a. Witness lists should be exchanged between the parties at least five

business days prior to the hearing.

b. Witnesses at the hearing are limited to individuals who submitted an

affidavit in connection with the motion and/or individuals whothe other

side has had an opportunity to depose.

c. Any proposed exhibits should be pre-marked (JX-#; PX-#, or DX-#) and

the parties should agree to joint exhibits (JX) to the extent possible. JX

exhibits are deemed admissible into evidenceby agreement.Please have a

flashdrive containing the proposed exhibits delivered to the Part Clerk in

Courtroom 208.

d. Direct testimony of witness(es) within the offering party’s control shall be

submitted to the opposing party(ies) and the Court in affidavit/affirmation

form at least three business days prior to the hearing (Commercial

Division Rule 32-a);

IX. SETTLEMENT CONFERENCES

A. The parties may, on consent, request a settlement conference by emailing

Chambers at sfc-part3@nycourts.gov or filing a letter on NYSCEF at any time or

pursuant to Commercial Division Rule 30(b)(1)(A).

B. The settlement conference must be attended in person by a person with

knowledge of the case and authority to settle the case.

C. In preparation for the conference, the parties must submit a joint letter (no more

than 5 pages) at least one week before the conference, which outlines the

remaining issues to be resolved and each parties’ general position on those issues.

D. Additionally, each party is to submit a settlement position statement (no more

than 3 pages) to Justice Cohen ex parte, which will be treated as confidential and

in no way disclosed to the other party.

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E. All submissions should be made via email to sfc-part3@nycourts.gov, not filed to

the docket.

X. TRIAL RULES

A. Pre-Trial Submissions. The submissions required under Commercial Division

Rules 26, 27, 28, 29, 31(a), 31(b), and 32, plus marked pleadings and a Joint

Statement of Stipulated Facts and Procedural History, shall be made at least

fourteen days prior to the final Pre-Trial Conference. Motions in limine

should be brought by Order to Show Causewith the reply brief being due at least

fourteen days prior to the final Pre-Trial Conference.

B. Length of Trial. Unless otherwise directedby the Court: (i) trials generally will

be scheduled for a fixed duration, with the time divided roughly equally between

Plaintiff(s) and Defendant(s), including time spent cross-examining the other

side’s witnesses; and (ii) the Court will not hold trial on Fridays,to provide time

to address matters in other pending cases.

C. Direct Affidavits: if the parties intend to use direct affidavits, the party must

provide the Court and all parties a copy of theaffidavit at least three (3) days

before the witness is expected to testify.

D. Additional Pre-Trial Submissions in Jury Trials. In addition to the above, for jury

trials the following materials shall be submitted at least fourteen days prior to

the final Pre-Trial Conference:

i. A short summary (one or two sentences) of each party’s claims to be used

by the Court as part of the preliminary instructions to the jury; and

ii. Proposed jury instructions, including the text of relevant PJI instructions,

should be submitted by email to Chambers (sfc-part3@nycourts.gov) in

Word format. The submissions should note the instructions to which the

parties have stipulated. Any proposed deviations from PJI instructions

should be highlighted and explained, with citations to legal authority

where appropriate.

E. Exhibits.

iii. Exhibits must be pre-marked in accordance with Commercial Division

Rule 28.

1. Joint exhibits (as to which there is no objection to admissibility)

should be designated by JXfollowed by the number of the

exhibit.

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2. Plaintiff’s exhibits (as to which there is or may be an objection by

Defendant as to admissibility) should be designated as PX

followed by the number of the exhibit

3. Defendant’s exhibits (as to which there is or may be an objection

by Plaintiff as to admissibility) should be designated as DX

followed by the number of the exhibit

iv. On or before the first day of trial, counsel shall provide the Court with a

flash drive containing copies of their proposed exhibits, as well as any

binders of documents that will be shown to witnesses.

v. In bench trial, the Court will only consider evidence that is raised or

introduced during the trial itself. Absent special circumstances, evidence

offered for the first time in post-trial briefswill not be considered.

vi. After trial, counsel shall e-file a list of the exhibits that were admitted into

evidence. Counsel shall provide the Court with a flash drive containing

copies of the admitted exhibits, identified by exhibit number.

vii. Flash drives should be marked with the short caption and index number of

the case.

F. Transcripts. For multi-day trials, the Court requires that the parties order a daily

copy of the transcript during trial. Counsel are to e-file the transcripts after trial.

G. Post-Trial Briefs. Two weeks after receiving the transcript in a non-jury trial, the

parties are to submit post-trial briefs of up to 7,000 words (excluding caption,

table of contents, table of authorities, and signature blocks). One week thereafter,

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

exclusions). The initial post-trial briefs should be 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

v. Proposed Judgment.

In addition to filing on NYSCEF, copies of the post-trial briefs in Word format should be

emailed to Chambers at sfc-part3@nycourts.gov.

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