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New York StateUnified Court System

Civil Term - Part Rules, Part 30


88-11 Sutphin Boulevard
Courtroom 67
Jamaica, NY 11435
Chambers Phone: (718) 298-1117
Courtroom Phone: (718) 298-1042
Facsimile: (212) 618-0512

Law Secretary: Melissa B. Deberry
Assistant Law Secretary: Orielle S. Newsome
Part Clerk: Melody Taub

General Rules | Appearances | Discovery Motions | Paper Submissions | E-Filed Papers | Adjournments | Briefing Schedules | Status of Decisions

 

General Rules


All motions shall be made returnable on Wednesday at 10 a.m. at the Jamaica Courthouse located at 88-11 Sutphin Boulevard, Jamaica, NY 11435 in Courtroom 67. Failure to notice a motion in compliance with the designated day, time and location above may result in the motion being MARKED OFF calendar without prejudice.

There will be a second calendar call immediately after the first calendar call. Oral argument may be required in the discretion of the court.

The Court may administratively reschedule any application or motion noticed for a holiday or a day on which the part is closed. Information will be available on e-courts. Should the Part administratively reschedule, the movant will be responsible for notifying all parties of the administratively rescheduled date and providing proof of same to the Part on the rescheduled adjournment date.

In any case where a motion is MARKED OFF for non-compliance with the Part Rules such as improper notice, failure to appear in court as required by the Part Rules, or failure to provide a working copy of an e-filed motion, a new motion for the original relief sought may be filed in accordance with the Part Rules. A motion to restore, renew or reargue is NOT required.

The parties shall notify the Court immediately upon withdrawing any pending motion or application when a matter is settled or discontinued. Stipulations of settlement or discontinuance shall immediately be sent via facsimile to chambers and filed with the Court.

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Appearances


Any attorney appearing on a case for any purpose MUST be familiar with the case, prepared, and authorized to resolve any and all issues.

Appearances are mandatory for ALL motions and applications, unless the Court has granted an adjournment in advance of the return date, or the Court has been made aware via facsimile of motion withdrawal. All motions will be conferenced.

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Discovery Motions


On any discovery-related motion or application, attorneys are encouraged to conference the issues among themselves with the goal of resolving the matter by stipulation. All stipulations must indicate that the motion, and any cross-motion, is/are being withdrawn pursuant to the stipulation and must be signed by the attorneys appearing at the calendar call.

Any items of discovery not specifically identified as outstanding at the time of the stipulation resolving the motion are deemed waived.

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Paper Submissions


All responsive papers must be submitted in person by counsel on the return date of the motion or application. The Part does not accept any responsive papers by mail or by fax without express Court permission.

Papers shall not be accepted prior to the call of the calendar with one exception only: stipulations withdrawing motions or applications. Such stipulations may be submitted on the morning of the return date in person or by service.

No sur-reply papers, reply papers to an Order to Show Cause, or any other additional papers shall be accepted without express permission of the Court.

Motions to renew and/or reargue shall contain a copy of the Court’s original decision and copies of all papers submitted in support of the original motion.

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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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E-Filed Papers


A working copy must be submitted at the call of the calendar. Each working copy must include, firmly affixed to the back of the motion papers, a copy of the confirmation notice received from NYSCEF site upon the electronic filing of such documents. A party that has opted out of participation in e-file will file documents in hard copy which will include, on a separate page firmly affixed thereto, the “Notice of Hard Copy Submission - E-Filed Case” form, which can be found on the NYSCEF site at https://iapps.courts.state.ny.us.

All motion papers, including working papers, shall be securely fastened and shall have protruding exhibit tabs. Non-conforming papers may be rejected by the Court.

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Adjournments


Stipulations requesting a consent adjournment or withdrawing a motion prior to the return date may be sent by facsimile to the Part Clerk at (212) 618-0512. Requests for an adjournment beyond ONE
will be granted sparingly in the Court’s discretion.

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Briefing Schedules

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On the return date of the initial motion, a briefing schedule will be issued with dates for responsive papers. This schedule shall be conveyed verbally or in writing to the attorneys and shall appear on the face of the motion papers. Failure to comply or serve responsive papers in accordance with the briefing schedule shall result in the rejection of those papers on the adjournment date.

Status of Decisions


Copies of motion or application decisions or orders WILL NOT be sent to counsel unless deemed necessary by the Part. Decisions or orders can be retrieved online or at the County Clerk’s office located in the Jamaica courthouse, Room 106.

Calls regarding the status of a motion or application decision WILL NOT be entertained by chambers, but must be made only Part Clerk, at (718) 298-1042.

Further inquiries should be directed to the Motion Support Office at (718) 298-1009 or, if an ex parte matter, to Ex Parte Support Office at (718) 298-1018.

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