New York Court Exhibit Requirements
A comprehensive guide to preparing exhibits for New York courts under 22 NYCRR 202.34, including NYSCEF e-filing requirements, Commercial Division standards, and county-specific practices.
Quick Reference
Updated 2025-01-15100 MB
Numbers (1, 2, 3...)
Letters (A, B, C...)
14-21 days before trial
Applicable Rules & Citations
Primary Rule
Mandatory pre-marking of exhibits. Counsel must consult to agree on exhibits to be offered without objection.
Formatting Requirements
8.5x11 paper, 1-inch margins, 12-point minimum font. Foreign language exhibits require English translations with translator affidavits.
E-Filing System
100 MB max (largest among jurisdictions). PDF/A format required, 200 dpi minimum resolution.
Key Deadlines
Trial exhibits submitted at least 14 days before trial. Standard courts: 14-21 days per scheduling order.
Overview
New York State courts use the NYSCEF (New York State Courts Electronic Filing) system with mandatory e-filing in most counties. 22 NYCRR 202.34 establishes mandatory pre-marking requirements, while the Commercial Division under Rule 28 has stricter standards for complex business litigation.
Key advantage: NYSCEF's 100 MB file limit is the largest among state e-filing systems, allowing for larger exhibits without splitting. However, each exhibit must still be uploaded as a separate document in most counties.
NYSCEF Technical Specifications
100 MB File Limit - Largest Among State Courts
NYSCEF allows up to 100 MB per document, significantly larger than California (25 MB), Texas (25 MB), Florida (7 MB), or Georgia (1.5 MB). This means fewer split exhibits and simpler filing for document-heavy cases.
File Format Requirements
Document Specifications
- PDF/A format required
- 100 MB maximum per document
- 200 dpi minimum resolution
Commercial Division Extras
- Bookmarks required in memoranda
- Hyperlinks to cited exhibits
- Text-searchable PDFs required
Exhibit Numbering Conventions
Standard New York Conventions
Plaintiff/Petitioner Exhibits
- Numbers: 1, 2, 3... (most common)
- Or: P-1, P-2, P-3...
- Or: Plaintiff's Exhibit 1, 2, 3...
Defendant/Respondent Exhibits
- Letters: A, B, C... (traditional)
- Or: D-1, D-2, D-3...
- Or: numbers starting at 100+
22 NYCRR 202.34: Mandatory Pre-Marking Conference
Counsel must consult before trial to agree on exhibits that can be offered without objection. Pre-mark all exhibits for identification and exchange per the court's scheduling order. Document all stipulations regarding exhibit authenticity and admissibility.
County-Specific Requirements
Kings County (Brooklyn)
Clerks reject papers without protruding exhibit tabs. Trial exhibits not retrieved within 30 days of verdict are disposed.
Nassau County
Each e-filed exhibit must be separate NYSCEF document. Paper exhibits must be clearly tabbed, single-sided, with litigation back (max 2 inches thick).
Westchester County
Each exhibit must be uploaded as separate PDF. Multiple documents cannot be grouped under single exhibit.
Commercial Division
Stricter requirements under 22 NYCRR 202.70 Rule 28. Counsel must consult prior to pre-trial conference. Memoranda must include bookmarks and hyperlinks.
22 NYCRR 202.70 Rule 28Kings County (Brooklyn) - Papers Rejected Without Protruding Tabs
Kings County clerks are known to reject papers that lack protruding exhibit tabs. Additionally, trial exhibits not retrieved within 30 days of verdict are disposed. Ensure physical exhibits have proper tabs that extend beyond the page edge.
For e-filed exhibits, clear electronic stamps serve the identification purpose, but be prepared with properly tabbed physical copies for trial.
Common NYSCEF Issues
Exhibits Not Uploaded as Separate Documents
Solution: Nassau and other counties require each exhibit as a separate NYSCEF document. Export individual files from ExhibitPrep and upload each as its own attachment.
Missing Pre-Marking Per 22 NYCRR 202.34
Solution: Ensure all exhibits are pre-marked for identification before trial. ExhibitPrep places consistent stamps on every page meeting NYSCEF requirements.
Commercial Division: Missing Bookmarks/Hyperlinks
Solution: Rule 28 requires bookmarks and hyperlinks in memoranda. Add PDF bookmarks and link to specific exhibit pages when citing evidence.
Resolution Below 200 DPI
Solution: NYSCEF requires minimum 200 dpi resolution. Re-scan documents at 300 dpi for best quality. ExhibitPrep preserves source document resolution.
How ExhibitPrep Helps with New York Requirements
Time Savings
Stamp 50 exhibits in 5 minutes vs. 2+ hours manually preparing labels.
Cost Effective
$14.99 Day Pass vs. $100+/hr paralegal time. Stamp unlimited exhibits for one low price.
NYSCEF Ready
Export individual files for separate NYSCEF uploads. 22 NYCRR 202.34 compliant formatting.
ExhibitPrep Configuration for New York Courts
Recommended Settings
Exhibit Format
Use "Exhibit [number]" format. Add party designation if required (e.g., "Plaintiff's Exhibit 1" for plaintiff, "Exhibit A" or "D-1" for defendant).
Export Method
Export as individual files for NYSCEF upload. Most counties require each exhibit as a separate document attachment.
Stamp Position
Bottom-right corner is standard. Ensure stamps are clearly visible and don't obscure document content.
Frequently Asked Questions
What are the NYSCEF mandatory pre-marking requirements under 22 NYCRR 202.34?
22 NYCRR 202.34 requires mandatory pre-marking of exhibits. Counsel must consult before trial to agree on exhibits that can be offered without objection. All exhibits must be pre-marked for identification and exchanged per the court's scheduling order.
What is the NYSCEF file size limit?
NYSCEF has the most generous limit at 100 MB per document - larger than any other state e-filing system. PDF/A format is required with 200 dpi minimum resolution.
What are Commercial Division requirements under Rule 28?
Commercial Division Rule 28 (22 NYCRR 202.70) requires trial exhibits submitted at least 14 days before trial. Memoranda must include bookmarks and hyperlinks to cited exhibits. Counsel must consult prior to pre-trial conference.
Why are papers rejected in Kings County without protruding tabs?
Kings County clerks reject papers lacking protruding exhibit tabs for physical filings. Trial exhibits not retrieved within 30 days of verdict are disposed. Ensure physical exhibits have tabs extending beyond page edges.
Can I combine exhibits into one PDF for NYSCEF?
Most counties require separate NYSCEF documents for each exhibit. Nassau County specifically prohibits grouping documents under a single exhibit. Export individual files from ExhibitPrep for upload.
Do I need translator affidavits for foreign language exhibits?
Yes. Under 22 NYCRR 202.5, foreign language exhibits require certified English translations with translator affidavits attesting to the accuracy of the translation.
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