Westchester Supreme Court Issues Revised Civil Case Management Rules

With Judge Lefkowitz’s retirement, the Westchester Supreme Court has rolled out new Civil Case Management Rules, effective September 2, 2025, affecting the Settlement and Trial Parts.  Below is a summary of the updated procedures and timelines practitioners need to know.

Settlement Part Now Headed By Hon. Lewis J. Lubell

Case Transfers:

• On the 61st day after the Note of Issue, if no summary judgment motion has been made or if the IAS Judge’s decision does not dispose of the case, it will be promptly transferred to the Settlement Part, generally within 30 days.

Settlement Timeline:

• Parties will now have approximately 120 days to settle, with extensions available at Judge Lubell’s discretion.
• As opposed to only holding three settlement conferences, Judge Lubell will hold as many settlement conferences as needed, provided his calendar allows.
• All parties must come prepared with the authority and consent necessary to effectuate settlement.

Pre-Conference Submissions:

• Now due no later than one week before a scheduled settlement conference.
• Maximum length: 5 pages.
• Must provide Judge Lubell with enough context to understand the case and what the parties are seeking.

Referrals to TAP:

• If settlement fails, cases move to Judge Marx in TAP.
• If the parties believe a settlement is still possible after being dismissed from the Settlement Part, but before their first appearance in TAP, Judges Lubell and Marx may allow one last attempt before trial assignment.

Other Matters:

• The Settlement Part will also now handle applications for infant’s, incompetent person’s, and wrongful death compromise orders.

Trial Assignment Part Now Headed By Hon. Paul I. Marx

Case Assignments and Trials:

• After the 120-day settlement period (subject to Judge Lubell’s discretion), cases transfer to TAP.
• At the first appearance in TAP, a firm trial date will be set. Consent adjournments are not allowed.
• In a new pilot program, Judge Marx is working to pre-assign cases to trial judges, and the assignment is revealed to counsel on the jury select date or non-jury assignment date.
• Trial judges cannot adjourn trials, but they may attempt settlement.

Motions in TAP:

• All motions must be brought by Order to Show Cause.
• Judge Marx prefers that Motions in limine be submitted on paper prior to trial, and he refers these motions to the pre-assigned trial judge.
• Jury demand motions are decided by Judge Marx.
• Untimely summary judgment motions are returned to the IAS judge.

Jury Selection Rulings:

• Initial rulings are made by a Judicial Hearing Officer in the Jury Department.
• Judge Marx reviews those rulings, not the pre-assigned trial judge.
• If Judge Marx is unavailable, Judge Wood or Judge Lubell will make the ruling.

Discovery Issues:

• If additional discovery is required, cases are referred back to the IAS judge.
• Although the Note of Issue is stricken, Judge Marx is now issuing orders stating that no second fee is required to restore it.

Glossary Requirement:

• Judge Marx is requesting that all trial counsel prepare a glossary of case terms, including dates, names, and spellings, for the court reporter in advance of trial to streamline proceedings.

These changes mark a significant shift in how civil cases will move through the Westchester Supreme Court post-discovery. With Judges Lubell and Marx now overseeing the process, practitioners should expect expanded settlement opportunities but firmer timelines in the Settlement Conference Part, and a more defined process emphasizing greater accountability in the Trial Assignment Part.