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Civil Term - Part Rules, Part 36, Courtroom 233


Justice Diccia T. Pineda-Kirwan
25-10 Court Square - Courtroom 233
Long Island City, NY 11101
Part Clerk:
Phone: 718-298-1682
Fax:     212-416-1367

The Court WILL NOT entertain any ex parte communication, including but not limited to, mail, facsimile, e-mail and most importantly, any telephone call, to Chambers.

An attorney appearing on a case for any purpose must be familiar with the case and authorized to resolve any and all issues, including settling the case.

Preliminary Conference | Compliance Conference | Motions | E-Filing Rules and Protocols | Hard Copy and Submmisions | Answering Papers | Adjournments | Trial Rules

 

Preliminary Conference

All preliminary conferences will be held on Mondays at 9:30 AM in the Centralized Preliminary Conference Part, Room 314 of the Jamaica courthouse located at 88-11 Sutphin Blvd., Jamaica, NY.

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. Inquiries pertaining to preliminary conferences shall be made to the Preliminary Conference Part at 718.298.1046.

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Compliance Conference

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held in the Compliance Conference Part in Room 313 of the Jamaica courthouse. Inquiries pertaining to compliance conferences shall be made to the Compliance and Settlement Conference Part at 718.298.1093.

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Motions

PERSONAL APPEARANCES ARE MANDATORY

The Motion Calendar will be called in the Long Island City Supreme Court Courthouse located at 25-10 Court Square, Long Island City, NY 11101, every Thursday at 10:30 AM PROMPTLY in courtroom 233. There will only be one calendar call. Oral arguments will be entertained in the Court’s discretion.

Discovery related motions are expected to be RESOLVED by the parties. Discovery motions, including motions to strike cases from or restore cases to the Trial Calendar, must be in compliance with Uniform Rules for Trial Cts (22 NYCRR) § 202.7, setting forth, in detail, the efforts made by the moving attorney to obtain discovery prior to requesting judicial intervention. Conclusory statements, a single pro forma letter sent in an attempt to satisfy this requirement or other failure to demonstrate good faith efforts may result in a summary denial of the motion.

All orders to show cause must comply with Uniform Rules for Trial Cts (22 NYCRR) § 202.7(d). Failure of the moving party to appear will result in the motion being deemed abandoned, and any opposition papers will not be considered.

All motions and ex parte applications submitted shall be in compliance with Uniform Rules for Trial Cts (22 NYCRR) § 202.5. In addition, all pages and paragraphs must be numbered and all exhibits are to be preceded by an exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened, so as to prevent the papers from being lost. Failure to comply with the requirements of this section may result in the rejection of the non-complying papers.

 

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E-Filing Rules and Protocols

All parties should familiarize themselves with the statewide E-Filing Rules: Uniform Rules for Trial Cts (22 NYCRR) § 202.5-b and 202.5-bb, available at www.nycourts.gov/efile. General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@court.state.ny.us

 

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Hard Copy Submissions

Working/courtesy copies are required to be submitted to the EX PARTE OFFICE in ALL cases of E-FILED EX PARTE APPLICATIONS, and a working copy must be submitted at the call of the calendar in ALL cases of E-FILED MOTIONS. All hard copy submissions in E-filed cases must bear the Notice of Hard Copy Submission - E-Filed Case required by Uniform Rules for Trial Cts (22 NYCRR) § 202.5-b(d)(1). Failure to do so will result in the matter being marked off the calendar, or, in the case of opposition papers, consider the motion as unopposed. All submissions, including working copies, shall be securely fastened and shall have protruding exhibit tabs.  Non-conforming papers may be rejected by the Court.

 

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Answering Papers

Answering papers, including cross motions, affirmations in opposition and reply affirmations, will be accepted only on the return date in the Part. Service requirements under CPLR 2214 and 2215 will be strictly enforced. No sur-reply papers will be considered without express leave of the Court. No papers shall be accepted after a motion is marked submitted, without express leave of the Court.

 

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Adjournments

Applications for adjournments on consent or otherwise will ONLY be entertained at the call of the calendar and will NOT be entertained by mail, fax or by telephone. Engagement of counsel shall be a ground for adjournment by affirmation and in accordance with 22 NYCRR §125.1. Adjournments on consent will be permitted at the court’s discretion. All adjournment stipulations must contain the signatures of the individual attorneys consenting to the adjournment. Members of the Bar are to make every effort to notify their adversaries and co-counsel of all applications for adjournment in advance. DISCOVERY RELATED MOTIONS WILL NOT BE ADJOURNED.

WITHDRAWAL of motions - not adjournments- may be communicated by Fax to 212.416.1367 with prior notice of same to the adverse party no later than 9:30 AM on the return date of the motion.

If a case is settled or discontinued, the parties shall notify the court immediately withdrawing any pending motion or application. Stipulations of settlement or discontinuance MUST be sent to chambers immediately via facsimile and filed with the court, in order to facilitate judicial economy.

All copies of decisions will be available either online or at the County Clerk’s Office in Jamaica, Room 106. Counsel should NOT contact Chambers for a copy of a decision rendered. All inquiries to case or calendar status are to be made to the appropriate clerk’s office.

Motion Support Office 718.298.1009
Ex Parte Support Office 718.298.1018
Matrimonial Office 718.298.1012
Residential Foreclosure Part 718.298.1092


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Trial Rules

Plaintiff’s counsel shall requisition the file to the Part 36 courtroom immediately after assignment of the case to this part. Counsel should ascertain the availability of all witnesses and subpoenaed documents. Any special needs, e.g., interpreter, easels, blackboards, shadow boxes, television, subpoenaed, material, etc., must be reported to the Court Officer, in advance, so as not to delay the progress of the trial.

MARKED PLEADINGS PLUS

Plaintiff’s counsel shall furnish the Court with copies of marked pleadings, the bill(s) of particulars and copies of any case law and/or statutory provisions, including the NYC Administrative Code and the Traffic Rules and Regulations of the City of New York, which any party will rely upon.

Counsel for the parties shall provide to the Court:
A. A chronological summary of all expert reports to be offered into evidence together with a glossary of terms that are used or are expected to be used by the expert witness, but are typically unfamiliar to a lay person;
B. A chronological list of all dates relevant to the matter on trial;
C. All reports, depositions and written statements which may be used to either refresh a witness’ recollection and/or cross-examine the witness;
D. To the extent any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury;
E. A list of the names of all witnesses to be called by you and for each such witness, the elements of proof to be supplied or addressed by such witness; and
F. Suggested jury charges and a suggested verdict questionnaire. Amendments thereto shall be permitted at the final charging conference. Jury charges should be referred to by the PJI number and topic. If any changes to the PJI are suggested, then the entire proposed charge should be set forth and the changes should be highlighted. Citations to appropriate statutory or common law authority must be given in support of suggested non-PJI jury charges or suggested PJI modifications.

PRE-TRIAL CONFERENCES WILL BE HELD PRIOR TO EVERY TRIAL

At this conference counsel should be prepared to:
A. Discuss settlement;
B. Advise the Court as to all anticipated disputed issues of law and fact, and provide the Court with copies of all statutory and common law authority upon which counsel will rely;
C. Stipulate to undisputed facts and the admissibility of clearly admissible documents and records;
D. Advise the Court of any anticipated in limine motions or evidentiary objections which counsel intends to make. Motions in limine may be made orally, but must be supported by a memorandum of law with citations to the relevant statutes and case law relied upon, as well as treatises of evidence law. All prior decisions and orders relevant to any in limine application must be provided to the Court;
E. Advise the Court of any anticipated requests for a jury instruction relating to missing witnesses and/or documents;
F. Advise the Court of any anticipated requests for apportionment as to alleged culpable non-parties pursuant to CPLR Article 16;
G. Discuss scheduling as well as the number of witnesses to be called at trial, and the estimated length of the trial; and
H. Counsel is advised that, pursuant to Uniform Rules for Trial Cts (22 NYCRR § 202.26(e), the Court may require parties, representatives of parties, representatives of insurance carriers or persons having an interest in any settlement, including those holding liens on any settlement or verdict, to also attend the conference.

 

SETTLEMENT 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.

 

INFANT COMPROMISE ORDERS

Before submission of an infant’s compromise order, counsel shall obtain from the clerk of Part 36 an infant compromise checklist to ensure the submission of all necessary information and documentation. Infant compromise hearings will be scheduled by the Court and the plaintiff’s attorney will be informed of the hearing date.

Please be advised that the Court Rules for Part 36 are subject to change.

To access Court Rules go to:
http://www.nycourts.gov/courts/11jd/supreme/civilterm/partrules/civil_partrules_36.shtml