Hon. Nancy M. Bannon — Part 61 Rules

HON. NANCY M. BANNON, J.S.C.

PART 61 RULES

(last updated September 2026)

SUPREME COURT, CIVIL TERM, NEW YORK COUNTY

Courtroom: 60 Centre Street, Room 232, New York, NY 10007

Part Clerk: Gregory Gonsieski – 646-386-3169 or

SFC-Part61-Clerk@nycourts.gov

Principal Law Clerk: Patrick Morley, Esq. – pmorley@nycourts.gov

Assistant Law Clerk: Alejandra Arboleda – aarboleda@nycourts.gov

Commercial Division Law Clerk: Katherine Benham – kbenham@nycourts.gov

GENERAL RULES

1. All parties must familiarize themselves with the Rules of the Commercial Division

(22 NYCRR 202.70 et seq.), which are incorporated by reference into the Part Rules

set forth below.1

2. Attorneys and pro se litigants must notify the court as quickly as practicable, by email

to the Part Clerk at SFC-Part61-Clerk@nycourts.gov, when an action or pending

motion has been resolved in whole or in part, when an action or pending motion has

become moot in whole or in part, or when a party has died or filed a petition in

bankruptcy.

3. EX PARTE COMMUNICATIONS ARE STRICTLY PROHIBITED. Every

party must be copied on all communications with the court, including emails. Neither

Justice Bannon nor her Law Clerks will communicate with an attorney, party or pro

se litigant ex parte.

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

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

licensed New York attorneys are highly encouraged to e-file (it is the best way to

obtain access to court filings, keep up to date, and serve other parties) and can find

instructions at:

https://iapps.courts.state.ny.us/nyscef/UnRepresentedHome.

For NYSCEF instructions/questions, please contact the e-filing Resource Support

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

5. In all electronically filed cases, attorneys and pro se litigants are obligated to keep

their contact information, including email addresses, current in the NYSCEF e-filing

1 The rules are available at: http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70.

system, and to regularly monitor eCourts to track scheduled appearances. Do not ask

the Part Clerk to update your contact information in the NYSCEF e-filing system or

check eCourts for appearances for you.

6. Hard copies shall NOT be submitted unless specifically directed by the court.

7. The parties may, on consent, jointly request a settlement conference during any other

conference before the court or by emailing the Part Clerk at SFC-Part61-

Clerk@nycourts.gov. Settlement conference availability is very limited, and not all

requests will be granted. Conferences will be scheduled at the discretion of Justice

Bannon. Parties appearing for a settlement conference must appear with full

settlement authority. Failure to appear with settlement authority shall constitute a

default pursuant to 22 NYCRR 202.27.

8. All submissions with respect to a motion, hearing, or trial must include a certification

by an attorney or pro se litigant that 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 that all generated text, including citations, quotations and legal

analysis was reviewed for accuracy and approved by an attorney (or the self-

represented party). Any generative artificial intelligence program must be identified

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

along with which portions of the documents were drafted by the program. One

certification pertaining to a party's submission comprised of several such documents

shall suffice. To the extent letters are permitted under these Part Rules, the same

requirement applies. Violations may result in sanctions.

9. The use of any artificial intelligence program during a remote oral argument,

conference, or any other appearance before the court is strictly prohibited.

Attorneys or pro se litigants shall confirm to the court at the commencement of any

remote appearance that no artificial intelligence program is being used during the

remote appearances. Violations and/or false representations may result in sanctions.

COMMUNICATIONS WITH THE COURT

Scheduling

10. General questions about appearances and scheduling shall be addressed to the Part

Clerk by phone at 646-386-3169 or by email at SFC-Part61-Clerk@nycourts.gov.

DO NOT contact Justice Bannon or her Law Clerks with questions regarding

appearances or scheduling.

11. No scheduled conference, oral argument, or other appearance, whether in-person or

virtual, may be adjourned without the court’s prior approval. Without prior approval,

any failure to appear will constitute a default pursuant to 22 NYCRR 202.27.

12. Any request to adjourn a scheduled appearance must be made in writing at least two

(2) business days prior to the appearance date by email to the Part Clerk at SFC-

Part61-Clerk@nycourts.gov, and must include a reason for the adjournment and

indicate whether the request is on consent of all parties. If all parties consent to

adjournment, a stipulation to that effect shall be attached to the email in Word format.

If the adjournment request is opposed, a responsive email should be sent to the Part

Clerk promptly. If the adjournment request is approved, the parties will be notified

and receive a new date and further instructions. Ex parte requests for adjournment

will not be considered

13. For all motions pending in the Submissions Part (60 Centre Street, Rm. 130), follow

that Part’s rules regarding adjournments, scheduling, and withdrawals. For motions

pending in Part 61, or where the rules of the Submissions Part require the court’s

approval prior to granting an adjournment, the parties may seek an adjournment

pursuant to the procedure outlined in Part Rule 12.

Telephone Calls

14. DO NOT CALL CHAMBERS except in the event of an emergency or when you

have been specifically instructed to do so. If specifically instructed to call Chambers

regarding a pending matter, such call may be placed only by attorneys, or pro se

litigants if not represented by an attorney. No law office employees, assistants, or

aides may call Chambers.

15. DO NOT call the Part Clerk or Chambers for a status update or to ask whether a

decision has been issued. All decisions and orders are available on NYSCEF.

Letters

16. DO NOT copy Judge Bannon, her Law Clerks, or her Part Clerk on letters,

documents, or emails exchanged between counsel. The court will not read them, and

they will be discarded by the Part Clerk.

17. Unless otherwise directed by the court, letters or emails to the court shall be limited to

the circumstances permitted by these Part Rules, i.e., questions about appearances and

scheduling, adjournment requests, and notifications as to settlement, withdrawal of a

motion, the death of a party, or the filing of a petition in bankruptcy by a party.

18. Letters and emails to the court are not a substitute for seeking relief through proper

filings on NYSCEF and in accordance with the CPLR. Parties should not assume that

letters and emails have been read unless they have received a response.

MOTIONS/APPEARANCES BEFORE THE COURT

Motion Practice Generally

19. Briefs and memoranda of law must comply with the requirements set forth

Commercial Division Rule 17, including word limits (7,000 for opening and

opposition briefs, 4,200 for reply briefs, and 7,000 for affidavits and affirmations) and

certifications of compliance by counsel.

20. The first page of every motion paper (notice of motion, opposition, reply, exhibits,

etc.) must reflect the relevant motion sequence number in the upper righthand corner.

21. Attorney affirmations may only be used as an index of exhibits and, where

appropriate, a brief procedural history may be provided. Affidavits or affirmations of

counsel should not contain legal arguments, which must be confined to the brief. A

memorandum of law with a table of contents and table of authorities must accompany

every motion (except for relatively minor motions such as pro hac vice motions).

Bookmarking and hyperlinking are helpful but not required.

22. Exhibits and all other motion papers that are e-filed must be OCR Text Searchable.

23. The moving papers on a motion must contain complete and legible copies of (a) the

pleadings, (b) all applicable contracts, and (c) entire transcripts of all depositions and

court proceedings referenced in the motion. If a document to be submitted is

voluminous and only discrete portions are relevant to the motion, counsel may attach

excerpts and submit the complete document as a separate exhibit.

24. Documents submitted in support of a motion shall be filed separately and

appropriately labeled and numbered. A single .pdf file under a single document

number for all papers submitted on a motion is not acceptable. Each e-filed document

must have its own, respective document number (e.g., Doc # 15, Notice of Motion;

Doc # 16, Attorney Affirmation; Doc # 17, Affidavit; Doc # 18, Exhibit A; and Doc #

19, Exhibit B). All exhibits electronically submitted must be described in the

NYSCEF heading of the attached exhibit (e.g., Exhibit A, Bill of Particulars; Exhibit

B, Photographs), so that it is known what document is filed in the exhibit.

Each page in any exhibit must be numbered. Reference to any exhibit must include

pinpoint citations to the exact page within the exhibit.

25. If there is any discrepancy between the relief sought in the notice of motion and the

relief sought in the supporting papers, the notice of motion is controlling.

26. Once motions are marked fully submitted, the court will not consider any further

submissions unless expressly authorized by the court.

27. The filing of dispositive motions DOES NOT stay discovery in this Part unless

otherwise ordered by the court.

28. When a transcript of a conference, hearing, or trial is required in connection with any

motion sequence, the parties shall obtain a copy of the transcript and upload it onto

NYSCEF. The motion will not be marked submitted, and the court will not issue a

written decision, until the requisite transcript is e-filed.

29. Any non-party seeking to file an amicus brief must first obtain permission by motion

in accordance with Commercial Division Rule 23.

30. For pro hac vice motions, the supporting affidavit must state the number of times and

the jurisdictions in which the subject attorney was previously admitted pro hac vice

and whether pro hac status has ever been withdrawn.

31. All motions to dismiss and all motions for summary judgment must be made

separately and not by cross-motion.

Summary Judgment Motions

32. All summary judgment motions must be filed within sixty (60) days after the filing of

the note of issue, unless otherwise directed by the court. Summary judgment motions

filed after the deadline imposed by the court will be denied absent a demonstration, in

the same motion, of good cause for the delay.

33. In accordance with Commercial Division Rule 19-a, this court, in its discretion,

directs that all summary judgment motions must contain a “short and concise

statement, in numbered paragraphs, of the material facts as to which the moving party

contends there is no genuine issue to be tried.”

Orders to Show Cause

34. 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 sought (e.g. motions to

seal), a statute mandates to so proceed (Commercial Division Rule 19) or by leave of

court. Absent advance permission, reply papers shall not be submitted on OSCs.

35. Any questions regarding procedure for filing proposed OSCs should be directed to the

Commercial Division Support Office (60 Centre Street, Rm. 119A) at 646-386-3020.

36. Any party seeking immediate injunctive relief within an OSC must include proof the

adversary was notified of the application prior to its filing.

37. OSCs will be returnable in Part 61. Responsive papers to OSCs must be filed at least

four (4) days prior to the return date unless the court indicates otherwise.

38. Absent an emergency, OSCs may not be adjourned.

Discovery Motions

39. Discovery motions are strongly discouraged.

40. If the parties have a discovery dispute, they must consult with each other in a good

faith effort to resolve the same (22 NYCRR 202.7[a]). Such consultation may take

place by an in-person, telephonic, or virtual conference. In the event such an attempt

is unsuccessful, then the parties are required to email the Part Clerk at SFC-Part61-

Clerk@nycourts.gov to request a discovery conference with the court to attempt to

resolve the issue(s). Conferences requested on an expedited basis will be granted only

at the court’s discretion. If, after a conference with the court, the dispute still cannot

be resolved, then the party or parties seeking relief may file a discovery motion.

41. If a discovery motion is filed, the affirmation of good faith submitted in support of the

same must “indicate the time, place and nature of the consultation and the issues

discussed and any resolutions, or shall indicate good cause why no such conferral

with counsel for opposing parties was held” (22 NYCRR 202.7[c]). The affirmation

of good faith must also indicate the identity of the individual who conferenced the

case with the parties (i.e., Justice Bannon or one of her Law Clerks), as well as the

date on which the case was conferenced by the court.

42. Failure to comply with Part Rules 40 and 41 will result in denial of the discovery

motion.

43. The court, in its discretion, may decide a discovery motion on submission or schedule

a discovery conference in lieu of hearing argument on the same.

Sealing Motions

44. To file a redacted version of a document or file a document under seal, the party must

make a motion to seal by OSC. If provisional sealing status was employed, the OSC

should include a proposed TRO to maintain such status pending a decision on the

motion.

45. All motions to seal documents must include a single-page statement demonstrating

that the subject documents warrant granting an exception to the strong public policy

and court rules in favor of open records.

46. Because sealing of entire documents is rarely permitted, the moving papers shall also

include narrowly tailored proposed redactions and the movant shall email a version of

the documents with highlighted proposed redactions to the Part Clerk at SFC-Part61-

Clerk@nycourts.gov, copying all parties.

Oral Arguments

47. Motions may be scheduled for oral argument at Justice Bannon’s discretion. If oral

argument is scheduled, you will be notified electronically. Oral arguments are

conducted remotely unless otherwise directed.

48. Failure to appear for a scheduled oral argument shall constitute a default.

49. Attorneys and pro se litigants arguing motions must be familiar with the case on

which they appear and be fully prepared and authorized to discuss and resolve the

issues which are the subject of the motion. Attorneys who appear for argument of

dispositive motions must also have full settlement authority. Failure to comply with

this Part Rule may be treated as a default pursuant to 22 NYCRR 202.27.

50. Attorneys and self-represented litigants appearing for oral argument shall conduct

themselves in a civil and respectful manner. To that end:

i. Please do not talk over each other. Only one person speaks at a time.

ii. It is called “oral argument,” but that does not mean you are here to fight

with the court or opposing counsel. Please present your arguments in a

cogent, calm, and courteous manner.

iii. All remarks should be directed to the court, not to opposing counsel.

51. The court supports the professional development of junior attorneys and encourages

their participation at oral arguments on motions.

DISCOVERY

52. Discovery shall commence upon joinder of issue and parties are expected to proceed

cooperatively and professionally during discovery, with an emphasis on efficiency,

practicality, and proportionality.

53. Discovery conferences are generally scheduled on Thursdays between 10 a.m. and 1

p.m. Discovery conferences are conducted remotely unless otherwise directed.

54. Counsel attending any conference are expected to be familiar with the case, including

all prior conference orders, and have authority to discuss and stipulate to resolve all

discovery issues.

55. At each compliance or status conference, the attorney or litigant must bring a list of

all discovery previously ordered, but not yet completed, as well as new discovery

requested which could not have been previously addressed. Failure to address all

outstanding discovery existing at the time of the compliance or status conference may

be deemed a waiver of the right to obtain said discovery.

56. In accordance with Commercial Division Rule 8, the parties are required to meet and

confer prior to a scheduled preliminary conference to discuss, in good faith,

settlement/mediation and discovery to be raised at the preliminary conference.

57. In accordance with Commercial Division Rule 11-h, the parties are required to serve

initial disclosures as listed in Commercial Division Rule 11-h(A)(i) – (iii), within

fourteen (14) days after the parties’ consultation prior to the preliminary conference

as required by Part Rule 56. Any objections to initial disclosures must be raised at the

preliminary conference.

58. The parties are required to jointly confer and complete a proposed conference order

prior to each preliminary, compliance, or status conference. The proposed order must

be e-filed no later than 9 a.m. on the morning of the conference, and must:

i. Be legibly written and contain the names of all counsel appearing at the

conference;

ii. Use firm cut-off dates, such as “on or before December 31, 2015;” and

iii. Specify with reasonable exactness which items of discovery previously

ordered remain outstanding and provide a reasonable excuse why the

previous order was not complied with.

Failure to submit a proposed conference order as set forth herein may constitute a

default pursuant to 22 NYCRR 202.27.

59. In accordance with Commercial Division Rule 10, counsel for each party shall also

submit to the court at the preliminary conference and each subsequent compliance or

status conference, and separately serve and file, a statement, in a form prescribed by

the Office of Court Administration, certifying that counsel has discussed with the

party the availability of alternative dispute resolution mechanisms provided by the

Commercial Division and/or private ADR providers, and stating whether the party is

presently willing to pursue mediation at some point during the litigation. In addition,

the statement to be submitted by counsel shall contain categories of information about

the case prescribed by the Office of Court Administration which may assist the court,

counsel and the parties in considering the role mediation might play in the resolution

of the case.

60. The parties must strictly comply with all court-ordered discovery deadlines. If an

extension of time is needed, the parties may request such extension at their next

conference and the court may grant the extension for good cause. Good cause does

not include settlement negotiations, dispositive motion practice, general scheduling

conflicts, or other excuses of like nature. The court will not indefinitely grant

extensions if the parties are not diligently attempting to meet deadlines. Parties may

not stipulate to extend court-ordered deadlines.

61. If all parties agree that discovery is complete before the final status conference, the

final conference may be avoided by e-filing or faxing a stipulation to the Part Clerk at

least two (2) days prior to the scheduled conference. The stipulation must certify that

all discovery is complete and provide for the filing of the note of issue.

62. A party’s failure to appear for a conference will result in the appearance being

marked as a default as against that party pursuant to 22 NYCRR 202.27, and the

conference will be adjourned, or the pleadings stricken, at the court’s sole discretion.

63. Discovery IS NOT stayed by the filing of a dispositive motion (see Part Rule 27),

mediation, or general settlement negotiation unless otherwise ordered by the court.

Parties WILL NOT be relieved from the consequences of violating discovery orders

unless the court issues a stay order prior to the applicable deadline.

CONFIDENTIALITY AGREEMENTS

64. Parties are encouraged to make use of general confidentiality agreements limiting the

review, copying, dissemination and use of confidential and/or proprietary documents

and information to be produced in the course of discovery. However, except in

exceptional circumstances and for good cause shown, the court will not so-order any

such private agreement between the parties. Further, in accordance with established

authority, the parties’ execution of a confidentiality agreement shall not create any

presumption that there is good cause to seal a document.

TRIALS

65. At least fourteen (14) days prior to the first pre-trial conference scheduled by the

court, the parties must furnish the following by email to the Part Clerk at SFC-Part61-

Clerk@nycourts.gov, copying all parties: (i) the submissions required under

Commercial Division Rules 26, 27, 28, 29, 31(b), and 32; (ii) all marked pleadings

and bills of particular; (iii) all notices to admit and responses thereto; (iv) all prior

decisions in the case, including any appellate decisions; and (v) a Joint Statement of

Stipulated Facts and Procedural History.

The Commercial Division Rule 26 estimated trial schedule shall include the number

of required trial days and the amount of time for direct and cross for each proposed

witness. The Commercial Division Rule 32 list of proposed witnesses shall, in

addition to the information specified in that Rule, include a statement as to whether

the witness is a fact witness or an expert and the need for any interpreters with the

required language and dialect.

At the option of the parties, a trial memorandum, not to exceed five (5) pages, may

also be submitted briefly setting forth the party’s position and the relevant factual and

legal issues to be tried, citing relevant case law.

66. In addition to the items specified in Part Rule 65, for jury trials the following

materials shall also be submitted at least fourteen (14) days prior to the first pre-trial

conference by email to the Part Clerk, copying all parties:

i. Proposed jury verdict sheets, in Word format; and

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

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.

67. Parties are strongly encouraged to have the court reporter pre-mark all exhibits for

identification and/or evidence if without objection.

68. It is the duty of counsel, not court personnel, to ensure all subpoenaed documents

have arrived in the subpoenaed records room at 60 Centre Street.

69. Trial dates scheduled by the court are firm and may only be adjourned upon

application based upon a true and verifiable emergency.

70. Four (4) alternate jurors must be selected for all civil jury trials, unless otherwise

directed by the court.

71. As the court supports the professional development of junior attorneys, senior trial

counsel are encouraged to assign junior co-counsel to argue motions in limine and/or

examine witnesses as appropriate during the trial.

72. Counsel shall retrieve any trial exhibits from the courtroom within thirty (30) days of

the close of the trial.

**************