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Civil Term - Part Rules, Part 30


Justice Chereé A. Buggs
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-1117
Courthouse Ph: (718) 298-1247

Preliminary Conferences | Compliance Conference | Motion | Trials | Appearances and Adjournments | Settlements and Discontinuances | Uncontested Matrimonials | Electronic Filing of Legal Papers

 

PLEASE NOTE THAT PART 30 DOES NOT HAVE A SECRETARY; PLEASE LEAVE A MESSAGE, AND PART STAFF WILL RETURN YOUR CALL AT THE EARLIEST POSSIBLE TIME. THERE SHALL BE NO EX PARTE COMMUNICATION WITH THE COURT.

 

Preliminary Conferences

A preliminary conference shall be scheduled automatically by the Court within forty-five (45) after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b); or upon filing a written Request for a Preliminary Conference with the Jamaica Clerk’s Office, Room 140, in compliance with 22 NYCRR 202.12(a); or an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR 202.56 and 202.60.

Preliminary conferences are held in the Jamaica courthouse not the Long Island City courthouse.

All preliminary conferences will be held on Wednesday at 9:30 a.m. at the Preliminary Conference Part, Room 314 of the Jamaica courthouse located at 88-11 Sutphin Blvd., Jamaica, NY, and they are presided over by the court-appointed referee, unless otherwise directed by the Court. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex-parte or any other appropriate sanction, including preclusion or dismissal ordered. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conference

Compliance conferences will be held on the date scheduled in the Preliminary Conference Order. Compliance conferences are held on THE SECOND WEDNESDAY OF EACH MONTH at 9:30 a.m. in Courtroom 63 of this courthouse. The parties shall bring a copy of the Preliminary Conference Order to the compliance conference.

Failure of Counsel to appear at the conference shall result in the Court taking the appropriate action against the non-appearing side, applying such penalties or sanctions as are authorized by the CPLR and Rules of the Chief Administrative Judge.

THERE WILL BE NO ADJOURNMENTS OF COMPLIANCE CONFERENCES FOR ANY REASON.

In accordance with 22 NYCRR 202.19(b)(3), the purpose of the Compliance Conference is to monitor the progress of discovery, explore potential settlement and set a deadline for the filing of the Note of Issue. Consequently, Counsel attending the Conference must be fully familiar with the case, the status of disclosure proceedings, and any settlement negotiations. Counsel MUST be prepared and authorized to enter into binding stipulations regarding both disclosure and potential settlement of the case. Counsel appearing for the Conference MUST bring the Bill of Particulars and copies of all previous orders in the case, including the Preliminary Conference Order. Counsel for Plaintiff MUST bring proof of plaintiff's injuries, including all medical reports and all medical and hospital records. In order to aid in settlement negotiations, counsel for Plaintiff MUST be prepared to make a good-faith demand to settle the case, and likewise defense counsel MUST be prepared to make a good-faith offer or indicate why the case is a "no-pay" case.

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Motion

Motions noticed after October 1, 2012, shall be made returnable, Monday through Friday, in the Centralized Motion Part located at the Jamaica courthouse, 88-11 Sutphin Boulevard, Jamaica, NY 11435, Courtroom 25 at 11:00 a.m.

Please refer to the Centralized Motion Part Rules, located at:
http://www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf

All questions concerning motions should be directed to the Centralized Motion Part office at 718-298-1728.

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Trials

All counsel must submit to the court, prior to the commencement of trial, marked pleadings, a copy of the Bill of Particulars, a witness list, exhibit list, proposed jury instruction and a proposed verdict sheet. Counsel must also know the availability of all witnesses who they intend to call during trial.

On the first appearance in the Part for trial, any party intending to make a motion in limine shall make such motion orally but may submit a memorandum of law in support of the application. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy. Any written motions in limine require proof of payment of the appropriate fee.

The trial will be conducted on a continual daily basis until its conclusion. No adjournments or delays during trial will be accepted unless exigent circumstances exist.

Tort actions are generally bifurcated. The Court expects, unless advised previously by counsel, that any trial on damages will follow immediately after a verdict finding the defendant liable.

Prior to coming to the Part, plaintiff’s counsel shall requisition the file from the County Clerk and deliver it to the Part Clerk. Counsel must advise the Court, Part Clerk and Court Officer of any special needs, e.g., interpreters, easels, shadow boxes, television, VCR, etc., in advance, so as not to delay the progress of the trial.

The Court encourages that trial exhibits be pre-marked for identification and, where possible, stipulate to the admissibility of clearly admissible documents and records.

Counsel should alert the Court at the pre-trial conference as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses and any other practical problems that the Court should consider in scheduling.

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Appearances and Adjournments

A notice of appearance shall be filed in the Office of the County Clerk with a courtesy copy to the Part Clerk. Attorneys’ business cards are to be submitted to the Court at the first appearance.

Notification for Court Interpreter Services shall be made to the court as soon as practicable. At the time of calendar call or check-in, the Court shall be reminded that court Interpreter Services are needed.

Counsel/parties must notify any and all other counsel/parties of any intention to seek an adjournment, and if possible, to obtain consent of all parties. Adjournments may be sought be telephone conference call with the Principal Court Attorney or Part Clerk, to be followed by a written stipulation confirming the date. The stipulation shall be faxed to the Chambers at (212) 618-0512 at least one (1) day prior to the scheduled appearance date. All adjournments are subject to the final approval by the Judge in advance of a court date.

All adjournments on the grounds of engagement of counsel shall be granted only upon submission of an Affirmation of Actual Engagement with specific details. Such affirmation must be faxed to the Court at (212) 618-0512 at least one (1) day prior to the Court appearance. Parties represented by counsel must communicate with the chambers staff through their counsel only.

There shall be no ex parte communication with the Court.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the stipulation of settlement or a letter directed to the Clerk of the Part. All stipulations of discontinuances must be accompanied by proof of payment of the appropriate fee. (CPLR § 8020[d][1]).

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Uncontested Matrimonials

Any corrections to a rejected set of matrimonial papers must be submitted to the Matrimonial Clerk in Jamaica, not Long Island City and NOT directly to chambers.

This Court takes seriously its duty to protect children in calculating child support. Unsupported deviations from the guidelines will result in rejections and thus slow down the sought after judgment of divorce. Deviations from child support guidelines must be thoroughly explained in an affidavit of the party, without resorting to conclusory language, and in the attorney’s affirmation.


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Preliminary Conferences (Part 10MDPC)

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Electronic filing is available for filing legal papers with the Court. Parties interested in electronic filing should read the materials set forth at https://iapps.courts.state.ny.us/fbem/mainframe.html and at the Queens County website. The rules and user’s manual for electronic filing are available on this website. On the return date, all parties must submit hard copies of any motion/responsive papers that are electronically filed. Additionally, for orders to show cause, working copies of the supporting documents (only the supporting documents) shall be filed with chambers “forthwith” upon the e-filing of the order to show cause.

 

 

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