Hon. Peter P. Sweeney: Rules for IAS Part 73

Principal Law Clerk:         Susan Liebman, Esq. (sliebma@nycourts.gov)
Secretary:                         Michelle Enriquez  (menrique@nycourts.gov)
Part Clerk:                        Peter Tuohy (ptuohy@nycourts.gov)

Courtroom: Room 761
360 Adams Street
Brooklyn, New York 11201

Courtroom Telephone No.: 347-401-9013
Chambers Telephone No.: 347-401-9520

Updated: October 31, 2022


All motion calendar calls and trials require an IN PERSON appearance.

All discovery matters are handled in the Discovery Part. They can be reached at:
PC/Intake (347) 296-1592; CCP (347) 296-1626; FCP (347) 401-9054.

MOTIONS

Oral argument is required on all unresolved motions. All Counsel/Litigants must be prepared with knowledge of the motion(s)/case and be ready for oral argument on the return date. Due to COVID protocols, argument will be scheduled as follows:

Cases beginning with a number or letters A-H will be called at 10:00 a.m.  
Cases beginning with letters I to P will be called at 11:30 a.m.
Cases beginning with letters Q to Z will be called at 2:15 p.m.

The calendar is arranged by the first letter of plaintiff’s last name (for an individual) or the first letter of plaintiff’s business name. Special proceedings appear on the calendar under the letter “I” for “In the Matter of … “

All parties must be present in the courtroom according to the above schedule.

There will not be a second call.  Motions may be decided on default if there is a failure to timely file papers and appear, a failure to submit a consent order, or a failure to obtain an adjournment in accordance with these rules. Parties shall bring a hard copy of their papers to oral argument.  Do NOT send copies of papers in e-filed cases to chambers.

Fully executed stipulations and proposed orders must be filed through NYSCEF. In the event that your action does not participate in NYSCEF, copies of stipulations or letters shall be emailed to the part clerk at ptuohy@nycourts.gov

Adjournments - Parties may stipulate to adjourn a ‘first time on’ motion to a Monday no more than 6 weeks from the return date. The date may be changed by the Court. A stipulation of adjournment must be signed by all parties and filed no later than 3 business days prior to the scheduled first appearance. Opposition papers are due 2 weeks prior to the return date set by the Court and Reply papers (if any) are due at least 1 week before the return date set by the Court. The Court may change the return date upon receipt of the stipulation, so please check UCS eCourts. 

After the first adjournment, the parties must appear in person on the return date to seek consent of the Court for any further adjournment.

Resolution of a motion - The parties may resolve motions and e-file consent along with a proposed order (see sample forms below) no later than three (3) business days prior to the scheduled appearance. If the matter is not settled or resolved via fully executed stipulation with confirmation from the Court that it is being accepted, the parties are to appear in person. If the Court accepts the uploaded stipulation or adjournment, it will be reflected in eCourts.

If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn. Indicate if the action is partially settled or discontinued by individually naming the settling parties. Parties must continue to electronically file discontinuances, with the appropriate fee. 

This Court will not engage in ex-parte communication. All communication to the Court must be on notice to your adversary.

FORMS

Short Form Order
Order Form Page 2
Joint Trial Order
Consolidation Order
Default Judgment Order
Order Changing Venue

SUBPOENAS

It is the policy of Justice Sweeney not to so-order a discovery subpoena unless all parties are given notice, at least five days in advance, that the subpoena will be submitted to the Court to be so-ordered. Proof that such notice was provided must be filed with the subpoena via NYSCEF in e-filed cases. Notice to the parties may be given by email. All subpoenas on non-parties must sufficiently state the reasons underlying the subpoena. Judicial subpoenas must be made returnable to the New York State Supreme Court, Kings County, Subpoenaed Records Room, 360 Adams Street, 6th Floor, Brooklyn, NY 11201.

INFANT COMPROMISE ORDERS

Petitions for infant compromise orders as well as any supplemental submissions must be filed through NYSCEF. Hearings will be scheduled by chambers staff upon submission of all required documents. All parties must appear for a hearing unless their appearance was otherwise waived in writing.

Infant Compromise petitions must comply with CPLR §1208 and 22 NYCRR 202.67. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The affirmation must include a detailed description of the incident and liability issues. The submission shall include the infant’s medical reports, a recent physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens. An affidavit of consent from an infant 14 years or older must be included with the petition.

If any portion of the settlement is structured, the cost of the annuity must be stated in the papers. 
If a compromise order was previously signed in the action, such order must be attached as an exhibit. Petitions to amend a compromise order must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

TRIALS

Once a trial is assigned to Part 73 and prior to trial, counsel are required to serve and submit the following:

Marked Pleadings and Bill of Particulars. Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR §4012 and Kings County Supreme Court Uniform Civil Term Rules §202.35. 

Exhibits. Counsel must pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the Part Clerk who will officially mark them  
before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.

Witness list. Provide a list of potential witnesses in the order in which you intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.

Requests to Charge. Provide proposed requests to charge, which may be adjusted if necessary.

Depositions. A copy of depositions intended to be used at trial. 

Motions in Limine. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court. 

Trials are scheduled to proceed day by day until completed.
 

PART REMINDER

This Court will not engage in ex parte communication and will not entertain discovery rulings. Formal application (OSC/motion) is required for judicial intervention, except as indicated above. All communication to the Court must be on notice to your adversary.

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