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Civil Term - Part Rules, Part 38, Courtroom 116


Justice Carmen R. Velasquez
Part 38
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom: 116
Courtroom Phone Number: 718-298-1002
Chambers Phone Number: 718-298-0594

 

NO TELEPHONE INQUIRIES CONCERNING CASE OR CALENDAR STATUS MAY BE MADE TO CHAMBERS.

All such inquiries must be made to the Clerk of the Part or the appropriate clerk’s office:

Centralized Motion Part (718) 298-1728
IAS Motion Support Office (718) 298-1009
Ex-Parte Support Office (718) 298-1018

 


 

Preliminary Conferences | Compliance Conferences | Motion Practice | Settlements and Discontinuances | Trial | Infant's Compromise Orders | Uncontested Matrimonialss

 

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 Clerk’s Office in the Jamaica Courthouse, 88-11 Sutphin Boulevard, 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.

All preliminary conferences will be held on Thursdays at 930 a.m. at the Preliminary Conference Part, Room 314, of the Jamaica Courthouse, located at 88-11 Sutphin Boulevard, 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. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conferences

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Ritholtz in Room 313. Any inquiry pertaining to compliance conferences shall be made to the Compliance Conference Part at 718-298-1093.

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Motion Practice

All Motions shall be made returnable and heard Mondays through Thursdays at 2:15 P.M. and on Fridays at 11:00 A.M. in the Centralized Motion Part (CMP) located in the Jamaica Courthouse at 88-11 Sutphin Boulevard.

All inquires pertaining to CMP motion practice shall be directed to CMP at 718-298-1728.

Please refer to the CMP rules, located at: www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf.

In the absence of a stipulation signed by all counsel and pro se parties, only the papers submitted at CMP will be considered by the court.

All motion papers submitted shall be in compliance with Uniform Rule § 202.5, concerning papers filed with the Court. In addition to the requirements of Section 202.5, all pages are to be numbered and all paragraphs are to be numbered. All exhibits are to be preceded by a numbered exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened so as to prevent the papers from separating from each other and becoming lost. Failure to comply with the requirements of this section may result in rejection of the offending submission.

Please do not send courtesy copies of any motion papers to the Part.

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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 letter directed to the Clerk of Part 38. All Stipulations of Discontinuance must be accompanied by proof of payment for the appropriate fee. CPLR §8020(d)(1).

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Trials

All counsel must submit to the court, prior to the commencement of trial, marked pleadings, copy of the Bill of Particulars, a witness list, exhibit list, proposed jury instructions 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 submit said motion in writing, with an affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy.

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.

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Infant's Compromise Orders

Before submission of an infant’s compromise order, counsel shall obtain from the Clerk of Part 38 an Infant's Compromise checklist to ensure the submission of all necessary information and documentation. Infant's Compromise Hearings will be scheduled by the Court and the plaintiff will be informed of the Hearing date. Proof of payment of any appropriate fee is required.

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Uncontested Matrimonials

Any corrections to matrimonial papers that were directed by Justice Velasquez by Memorandum or Order must be submitted directly to Chambers in accordance with the requirements and dates set forth in the Memorandum or Order.

 

Electronic Filing of Legal Papers

Electronic filing is available for filing legal papers with the Court. Parties interested in electronic filing should read the materials set forth at www.nycourts.gov/efile and the Uniform Rules for Trial Courts § 202.5- b. On the return date of all applications, 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.

 

Condemnation Cases

A calendar for condemnation cases shall be called on the first Thursday of every month at 9:30 A.M. in Part 38 in Courtroom 116. All condemnation motions shall be returnable in Part 38. Appearances of counsel and pro se litigants is mandatory on the return date.

Cross motions, Affirmations in Opposition and Reply Affirmations will only be accepted on the return date in the Part. The court will not consider any papers sent to chambers after the time of submission. Adjournments will be granted on consent by written stipulation of all counsel and pro se litigants. The stipulation can be brought into the Part on the return date or faxed to chambers no later than 5:00P.M. on the day prior to the return date.

In the absence of consent to an adjournment, an application for an adjournment must be made to Justice Velasquez on the return date.

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