Hon. Lyle E. Frank — Part 11 Rules

HON. LYLE E. FRANK

Part 11, General IAS, E-File Part

60 Centre Street, Room 412

New York, NY 10007

Part 11Clerk: Nicole Miller, SFC-Part11-Clerk@nycourts.gov

Part/Courtroom Telephone: 646-386-3314

Principal Law Clerk: Diana D. Cruz, Esq., dcruz2@nycourts.gov

Assistant Law Clerk: Holly Jordan,Esq.,hojordan@nycourts.gov

Chambers Telephone: 646-386-3112

Please DO NOT contact chambers to request adjournments of motions or

conferences or with any question regarding appearances.

1. Conferences

All conferences will take place virtually via Microsoft Teams on Tuesdays beginning at

9:30 a.m. Invitations to Microsoft Teams meetings will be sent to counsel of record on

NYSCEF.

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

stipulations without court intervention to the extent possible. When the parties

have agreed,they areto submit a completed proposed stipulation (PC order or CC

order)to Diana Cruz via email to dcruz2@nycourts.gov.

b. If the parties are unable to resolve discovery disputes the parties may request a

conference with the court. DISCOVERY MOTIONS MAY NOT BE FILED

WITHOUT FIRST CONFERENCING THE MATTER WITH THE

COURT.

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 Judge Frank’s court

attorney, Diana Cruz.

2. Summary Judgment motions: All summary judgment motions must be filed no later

than 60 days after filing the Note of Issue unless otherwise indicated. The submission of

a motion for summary judgment does NOT automatically stay discovery, unless directed

by the court.

3. THE PARTIES ARE STRONGLY ENCOURAGED TO STIPULATE TO

MATTERS NOT IN DISPUTE IN LIEU OF MOTION PRACTICE, e.g.,

consolidations, caption amendments etc.

4. Oral Arguments: Oral arguments on motions will be held on Wednesday, commencing

at 9:30 a.m. IN PERSON, unless otherwise indicated. However, not all motions will be

scheduled for oral argument. If the Court has not scheduled a motion for oral argument

and a party wishes to request oral argument, a letter must be submitted to the Part 11

clerk as well as to all parties on the matter. If upon a review of the request, the Court

determines that oral argument is warranted, the parties will be so notified. Motions

submitted on default or with no opposition are generally not scheduled for oral argument.

Note that oral arguments maybe scheduled on days other than Wednesdays as the Court’s

availability allows. Questions regarding appearances should be directed to the part clerk.

Note that arguments are generally not on the record, to the extent the parties wish to

have the argument on the record the request must be made to the part clerk at least one

day before the scheduled argument.

5. Adjournments/scheduling

a. Adjournments of appearances and scheduling issues, including requests to

schedule a preliminary or discovery conference, should be directed to the part

clerk, unless otherwise directed by the court. A request for an adjournment must

be made at least 48 hours in advance, absent exigent circumstances.

i. With respect to adjournment on motions, the request must be made to

room 130, the motions submission part. Requests for an adjournment

more than 60 days from the return date see below.

b. Parties seeking an adjournment over 60 days fromthe original return date of a

motion MUST include a reason for the request and must be made directly to the

part not room 130.

c. If a dispute arises concerning a request for an adjournment, the requesting party is

to e-mail the principal court attorney with all parties copied. If a matter requires

urgent attention, contact chambers using the contact information above.*This

does not apply to motions that are pending in the submissions part.

6. Do NOT send courtesy copies of any motion papers, affirmations, or related documents

directly to the part or chambers, unless directed to do so.

7. EX PARTE COMMUNICATIONS ARE STRICTLY PROHIBITED. Please do not

call or e-mail Justice Frank or his staff unless all parties participate in the

communication.Additionally, no correspondence should be uploaded to NYSCEF in

expectation of being received by chambers. If you wish to communicate with

chambers or the Part, see the contact information above.

8. Trials

a. Once a trial is assigned to Part 11, the Court shall schedule a Pre-Trial

Conference. At the Pre-Trial Conference, counsel is required to serve and submit

the following to the extent practicable:

i. a witness list, to include any interpreters required;

ii. proposed jury instructions in Word format; and

iii. proposed jury verdict sheet in Word format.

b. Motions in limine shall be submitted no later than 7 days before the trial date.

9. Use of Artificial intelligence (AI) programs

All submissions with respect to a motion must include a certification by an attorney (or

self-represented party) either that no generative artificial intelligence program was used

in the drafting of any affidavit, affirmation, or memorandum of law contained within the

submission, or that a generative artificial intelligence program was used but all generated

text, including citations, quotations. and legal analysis was reviewed for accuracy and

approved by an attorney (or the self-represented party). If the certification states a

generative artificial intelligence program was used, the program must be identified and

the documents which include matter generated by the program must be specified along

with which parts of the documents were drafted by the program. One certification

pertaining to a party's submission comprised of several such documents shall suffice.