Updated June 8, 2020:
As you know, New York State Courts have been closed for non-essential business since March 17, 2020 and suspended filings on such matters as of March 22, 2020, which means there has been a pause on proceedings in almost every court matter. In recent days, the Courts have been opening limited operations as we slowly shift to what might be a new normal, such as by holding remote conferences through Skype, at least for the time being.
Below is a list of various court rules, categorized by general New York State and by county, in effect as of the dates indicated below. Simply click on the blue links to access the respective documents. We will try to post new rules to this site as they change and become available.
NEW (as of May 8, 2020) Also below is a section with language I drafted that you can use in the procedural history of any motions where the tolls in place during the coronavirus emergency is at issue.
It is advisable to double-check the courts' and Individual Parts' websites to see if these rules have been updated, as they are changing from one day to the next. We make no guarantees or representations that the below list is complete, current, or still in effect.
Catalog of Orders, Instructions, Forms, and Memorandums
New York State - Statewide
June 8, 2020 - Instructions regarding new electronic filing requirement for Opening & Closing OCA statements
June 6, 2020 - Executive Order 202.38 extending the suspension of statutes of limitations (and remote notarization) to July 6, 2020
May 28, 2020 - Administrative Order AO/115/20 outlining additional rules for the new Electronic Document Delivery System ("EDDS") in the event that NYSCEF is unavailable in New York City
May 20, 2020 - Administrative Order AO/114/20 requiring e-filing of all documents (including discovery) in New York City, Long Island, and Mid-Hudson counties
May 20, 2020 - Memorandum notifying all State Courts that the filing of new "non-essential" cases will resume on Monday, May 25, 2020
May 15, 2020 - Administrative Order AO/99/20 adding Surrogate Court matters "involving an individual who passed away due to COVID-related causes" to the list of essential proceedings contained in the March 22, 2020 Administrative Order
May 8, 2020 - Executive Order 202.29 extending the statute of limitations for CPLR 214-g sexual abuse actions to January 14, 2021
May 7, 2020 - Executive Order 202.28 extending the suspension of statutes of limitations to June 6, 2020
May 4, 2020 - Notice regarding new Electronic Document Delivery System ("EDDS") for the Unified Court System ("UCS"); does not replace NYSCEF
May 1, 2020 - Administrative Order AO/87/20 expanding motion practice, other court filings, and ADR
April 30, 2020 - Memorandum expanding motion practice, ADR, and appeal filings as of May 4, 2020
April 8, 2020 - Administrative Order AO/85/20 directing the courts on conferences and motions
Skype Argument Protocol for the Second Department, Appellate Division (though this could be said to be applicable for all court conferences, or at least a guideline)
Q&A on setting up Skype for Business for virtual conferences
April 7, 2020 - Executive Order 202.14 extending the suspension of statutes of limitations to May 7, 2020
March 22, 2020 - Administrative Order AO/78/20 suspending non-essential case filings
March 20, 2020 - Executive Order 202.8 suspending statutes of limitations until April 19, 2020
March 19, 2020 - Executive Order 202.7 outlining procedures for, and authorizing, notarial acts to be performed utilizing audio-video technology
Bronx County
May 4, 2020 - Instructions by Hon. Leticia Ramirez for requesting court conferences, and for requesting settlement conferences with Hon. Howard Sherman
Instructions on Civil Court matters to request a conference
April 13, 2020 - Instructions by Hon. Lucindo Suarez for requesting conferences, and regarding motions
April 13, 2020 - Instructions by Hon. Norma Ruiz for requesting conferences
April 13, 2020 - Instructions by Hon. Wilma Guzman for requesting conferences
April 13, 2020(?) - Amended Rules by Hon. Mary Ann Brigantti for requesting conferences
April 13, 2020(?) - Update for Surrogate's Court proceedings
New York County
May 28, 2020 - Temporary Part Rules by Hon. Joan A. Madden regarding discovery mandates, depositions, conferences and motions
May 18, 2020 - Notice regarding updated status and procedures in Surrogate's Court
May 4, 2020 - Updated Instructions for requesting conferences (with judicial directory)
April 17, 2020 - Instructions for requesting court conferences (with Request Form)
April 13, 2020(?) - Temporary Part Rules by Hon. Adam Silvera for requesting conferences and for motion adjournment procedures
Kings County
April 21, 2020(?) - Note for trial-ready no-fault cases
Queens County
April 23, 2020 - Civil Court Notice for scheduling no-fault and subrogation conferences
April 13, 2020 - Notice by Hon. Barbara Jaffe requiring discovery conferences
April 13, 2020 - Instructions for scheduled Skype conferences for trial-ready cases
Skype Scheduling Form to be filled out and submitted for scheduled Skype conferences
April 13, 2020(?) - Update for Surrogate's Court proceedings
Richmond County
April 13, 2020 - Updated Notice by Hon. Kim Dollard for scheduling court conferences and trial conferences
March 13, 2020(?) - Amended Rules by Hon. Catherine M. DiDomenico requiring court conferences, and regarding trials and motions
Nassau County
April 15, 2020(?) - Instructions for requesting court conferences
April 10, 2020 - Memorandum regarding upcoming phases of re-opening
Suffolk County
May 28, 2020 - Protocols and Memoranda outlining Phase I of the return to in-person operations commencing May 29, 2020
April 16, 2020 - Instructions for requesting court conferences
Westchester County
May 28, 2020 - Protocols and Amended Administrative Order outlining Phase I of the return to in-person operations commencing May 27, 2020
Orange County
May 28, 2020 - Protocols and Amended Administrative Order outlining Phase I of the return to in-person operations commencing May 27, 2020
Appellate Division, First Department
May 8, 2020 - Order establishing new filing deadlines (and reinstating others), and rescinding March 17, 2020 Administrative Order
March 17, 2020 - Emergency Procedures for the Appellate Division, First Department
Appellate Division, Second Department
May 6, 2020 - Administrative Order establishing new filing deadlines, and rescinding March 17, 2020 Administrative Order
April 16, 2020: (no link) 2nd Department Appellate Division is asking all attorneys with pending matters to advise the court of their email address registered with Skype for Business by emailing ad2clerk@nycourts.gov in order to schedule CAMP and/or Oral Argument dates.
March 17, 2020 - Notice regarding limitations of court operations for the Appellate Division, Second Department
Court of Appeals, State of New York
May 11, 2020 - Notice regarding updated filing procedures
American Arbitration Association (AAA)
May 11, 2020 - Email from American Arbitration Association (AAA) regarding procedures to stay UM/SUM proceedings
Example of Motion Language
(Click on blue link for respective document)
1. On March 16, 2020 as of 5:00 p.m., all non-essential court functions were suspended until further notice due to the coronavirus public health emergency in New York State. See Memorandum by Chief Administrative Judge Lawrence K. Marks, dated March 15, 2020, annexed hereto as Exhibit R.
2. On March 20, 2020, as a successor Executive Order to Executive Order No. 202, New York State Governor Andrew Cuomo ("Governor Cuomo"):
temporarily suspend[ed] […] any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to […] the civil practice law and rules, […] the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, [and ordered that same] is hereby tolled from [March 20, 2020] until April 19, 2020.
See Executive Order No. 202.8, dated March 20, 2020, annexed hereto as Exhibit S.
3. On March 22, 2020, all paper and electronic filings were ordered to not be accepted by a county clerk or a court in any non-essential matter. See Administrative Order by Chief Administrative Judge Lawrence K. Marks, dated March 22, 2020, annexed hereto as Exhibit T.
4. On April 7, 2020, New York State Governor Andrew Cuomo extended and “continue[d] the suspensions and modifications of law, and any directives […] made by Executive Order 202 and each successor Executive Order to 202, […] until May 7, 2020”. See Executive Order No. 202.14, dated April 7, 2020, annexed hereto as Exhibit U.
5. Starting May 4, 2020, new motions and applications were once again being accepted through NYSCEF, though the toll on time limits in effect as of March 20, 2020 were still in effect until May 7, 2020. See Administrative Order by Chief Administrative Judge Lawrence K. Marks, dated May 1, 2020, annexed hereto as Exhibit V; See Executive Order No. 202.14, dated April 7, 2020, annexed hereto as Exhibit U; See Executive Order No. 202.8, dated March 20, 2020, annexed hereto as Exhibit S.
6. On May 7, 2020, Governor Cuomo extended and “continue[d] the suspensions and modifications of law, and any directives […] made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, for thirty days until June 6, 2020”. See Executive Order No. 202.28, dated May 7, 2020, annexed hereto as Exhibit W.
7. On June 6, 2020, Governor Cuomo "continue[d] the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued as contained in Executive Order 202.27 and 202.28 until July 6, 2020". See Executive Order No. 202.38, dated June 6, 2020, annexed hereto as Exhibit X.
Miscellaneous
For research purposes, I am including the below court orders and memorandums, which might prove useful in motions or opposition papers to outline recent procedural history and attach as exhibits.
May 10, 2020 - Executive Order 202.30 requiring all New York State nursing homes and adult care facilities to test all personnel for COVID-19 twice per week. Could be important for discovery in negligence/malpractice cases involving COVID-19 mismanagement in nursing homes.
March 13, 2020 - Memorandum by Chief Administrative Judge Lawrence K. Marks, outlining New York State court restrictions in effect on March 16, 2020
March 13, 2020 - Memorandum by Chief United States District Judge Colleen McMahon, outlining limitations in federal courts in New York State, in effect on March 16, 2020
March 15, 2020 - Memorandum by Chief Administrative Judge Lawrence K. Marks, suspending non-essential matters in New York State courts as of March 17, 2020
April 15, 2020 - Executive Order 202.17 requiring social distancing