--- name: ny-draft-order description: > Scaffold a proposed order for a New York court. Triggers include 'draft a New York proposed order', 'settle order New York', '22 NYCRR § 202.48', 'order on submission', 'NY decision and order', '60-day rule for settling order', 'so-ordered stipulation', 'short-form order', 'long-form order', 'counter-order'. Produces a proposed order conformed to NY conventions: caption + decretal paragraphs + signature line + entry date. Distinguishes the short-form order (Justice's decretal only) from the long-form order (with detailed factual findings) and explains the settle- order procedure under 22 NYCRR § 202.48 with the 60-day submission window. version: 0.1.0 --- # Draft a New York Proposed Order > **NOT LEGAL ADVICE.** The proposed order is what the > Justice signs after granting a motion. Errors are caught > at signing time, so accuracy matters. ## Order types in NY practice | Type | Use | |------|-----| | **Short-form order** | Justice writes decision on the proposed-order document itself ("Decision and Order"); typical for routine motion decisions | | **Long-form order / Decision and Order** | Justice issues a separate written decision with detailed reasoning; the order is a separate document | | **Order on Submission** | Order proposed by counsel after a motion is granted, submitted for signature | | **Settle Order** | Court directs counsel to "settle order" — submit a proposed order within 60 days (22 NYCRR § 202.48) | | **So-ordered Stipulation** | Parties' agreement signed by the Justice as an order | | **Counter-Order** | Submitted by the opposing party in response to a settle-order | ## Proposed-order template ``` SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY] ----------------------------------------- X [CAPTION] Index No. [#####/YYYY] Hon. [JUSTICE NAME] Part [##] [Plaintiff(s),] DECISION AND ORDER -against- [Defendant(s).] ----------------------------------------- X [NAME OF JUSTICE], J.S.C.: Upon the [Notice of Motion / Order to Show Cause] of Defendant [NAME], dated [DATE], the affirmation of [NAME] in support thereof, the memorandum of law in support thereof, the exhibits attached, [Plaintiff's affirmation in opposition dated [DATE], memorandum of law in opposition, exhibits attached,] the [reply affirmation of [NAME] dated [DATE],] [oral argument heard on [DATE],] and all prior pleadings and proceedings, it is hereby ORDERED that Defendant's motion is GRANTED to the extent of [SPECIFIC RELIEF]; and it is further ORDERED that [ADDITIONAL DECRETAL PARAGRAPH IF ANY]; and it is further ORDERED that this constitutes the decision and order of the Court. Dated: [CITY], New York [Month Day, Year] _______________________________ HON. [JUSTICE NAME], J.S.C. ``` ### Conventions - **Decretal paragraphs**: each "ORDERED that..." is one paragraph; chain with "and it is further" between them; end the last with "and it is further ORDERED that this constitutes the decision and order of the Court" - **Capitalize** the decretal phrase ("GRANTED", "DENIED") - **Title**: "J.S.C." for Supreme Court Justice; "J." for trial-court judge in other courts - **Date**: leave a blank for the Justice's signing date ## Settle-order procedure — 22 NYCRR § 202.48 When the Justice's decision says "Settle order on notice": 1. **Within 60 days** of the date of the decision, the prevailing party must submit a proposed order 2. **On notice** means: serve the proposed order on the opposing party at least 10 days before submission 3. **Opposing party** may serve a counter-order within 5 days of receipt 4. Both proposed orders are submitted to chambers, who signs the appropriate one Missing the **60-day deadline** is **fatal** — the right to settle the order is **deemed abandoned** unless the court extends. *Funk v. Barry*, 89 NY2d 364 (1996). This is a recurring trap for pro se prevailing parties. ## Short-form order — Justice writes on the proposed order When the Justice signs the proposed-order document itself (rather than issuing a separate decision): - Submit the proposed order with **blank decretal paragraphs** in the form expected - Justice fills in or modifies the language - The "Decision and Order" stamp is applied at the foot ## So-ordered stipulation A stipulation signed by all parties + "So Ordered" by the Justice. Used for: - Discovery extensions - Stipulated case-management changes - Settlement on the record - Adjournments of pending motions Format: ``` SO ORDERED STIPULATION WHEREAS [recitals]; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, that: 1. [Stipulated term] 2. [Stipulated term] Dated: [...] [Plaintiff signature] [Defendant signature] SO ORDERED: _______________________________ HON. [JUSTICE NAME], J.S.C. Date: ___________ ``` ## Order on submission (no oral argument) If the motion was decided on the papers and the Justice issued a written decision directing submission of an order, the proposed-order title is **"Order on Submission"** to distinguish from a decision-on-argument: ``` ORDER ON SUBMISSION ``` ## Tips for pro se litigants - **Use the Justice's exact phrasing** from the decision — if the decision says "Defendant's motion is granted," the order says "Defendant's motion is granted" — not "the Court finds for defendant" - **Avoid additional ruling beyond what the decision granted** — a proposed order seeking more than the decision authorized will be rejected - **Number paragraphs** if multiple decretal items - **Format**: 8.5×11, 1-inch margins, double-spaced, 12-pt - **Signature line**: leave space for the Justice; do not pre-sign or pre-date ## Composition with other ny- skills - `ny-statewide-format` — format baseline - `ny-submit-order` — post-hearing submission procedure (settle order, counter-order, 60-day rule) - `ny-draft-motion` — proposed order is the fourth document in the motion packet - `ny-quality-check` — pre-submission QC