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Civil Term - Part Rules, Part 10


Civil Term - Part Rules Part 10
Courtroom 63
Justice Kevin J. Kerrigan
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Ph: (718) 298-1213
Chambers Ph: (718) 298-0013
Cambers Fax: (718) 298-0088

 

Motions | Motion Papers and Ex-Parte Applications | Orders to Show Cause to be Revised as Counsel for a Party | Trials | Preliminary Conferences | Compliance Conference | Discovery Motions

 

NO TELEPHONE INQUIRIES CONCERNING MOTIONS OR APPLICATIONS SHALL BE MADE TO CHAMBERS. All such inquiries must be made to the Motion Support Office (718-298-1009), the Ex Parte Office (718-298-1018) or the Clerk of Part 10 (718-298-1213).

EXCEPT WITH RESPECT TO SETTLEMENTS, DISCONTINUANCES, WITHDRAWING OF MOTIONS AND STAYS, NO UNSOLICITED CORRESPONDENCE TO CHAMBERS BY MAIL OR FAX IS PERMITTED. Except for the noted exceptions, any unsolicited letter or fax sent to chambers will be discarded.

If a matter is settled, discontinued or otherwise disposed of, movant shall immediately inform the court by submission of a copy of the stipulation of discontinuance and/or settlement under cover letter withdrawing the pending motion or application, directed to the Clerk of the Part. If a case has been stayed, either by operation of law or by an order of a court, the movant shall immediately inform the Clerk of the Part of such stay.

If the movant has not notified the Part of a settlement or discontinuance, and withdrawal of a pending motion, or of a pending stay, prior to the return date of the motion, movant must do so in person at the calling of the calendar on the return date of the motion.

Motion decisions are not mailed to counsel and the court does not notify counsel of a decision. An attorney must follow-up for a decision with the County Clerk or on-line.

A copy of a signed order to show cause or an order to show cause that the court denied will be faxed to counsel, unless counsel is present at the time the order to show cause is either signed or denied to receive a copy thereof. It is the responsibility of counsel bringing an order to show cause to set forth a fax number. Failure of counsel to set forth a fax number will result in counsel not being notified of the signing/declination to sign of the order to show cause. In the case of an emergency order to show cause, counsel is expected to remain present to receive a copy of the signed or denied order to show cause.

Motions

All motions shall be made returnable in Part 10, Courtroom 63, of this Courthouse on a Monday at 9:30 a.m. There will be a second calendar call at 10:15 a.m. or immediately upon completion of the first calendar call, if such calendar call goes past 10:15 a.m.

There will be no oral argument on any motion or application, with the exception of motions for a preliminary injunction containing a temporary restraining order. However, appearance is mandatory on all motions and applications. Motions and applications will be conferenced for purposes of resolution of the motion or application or settlement of the case, and appearing counsel must be fully familiar with the case and have full authority to resolve any and all issues and enter into a stipulation resolving such issues.

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Motion Papers and Ex-Parte Applications

All notices of motion, notices of petition, orders to show cause and ex-parte applications must be filed with the Motion Support office or the Ex-Parte office. They shall not be mailed or delivered directly to chambers or the courtroom. All responsive papers must be submitted personally at the calling of the calendar. They shall not be mailed or delivered to chambers.

Such notices of motion, notices of petition, orders to show cause and ex-parte applications submitted, and all responsive papers, shall be in compliance with Uniform Rule §202.5. In addition to these requirements, all pages and paragraphs must be numbered. 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. All papers shall be printed on one side of the page only. Two-sided papers are unacceptable. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION OF THE OFFENDING SUBMISSION.

Separate responsive papers, including supporting exhibits and memoranda of law, even if duplicative, must be submitted to each separate motion. A single set of responsive papers addressing separate motions will not be accepted.

For all E-FILED matters, WORKING COPIES of all motion/responsive papers, including exhibits, memoranda of law, orders to show cause, and ex-parte applications, in conformity with the above requirements, MUST BE SUBMITTED AT THE CALLING OF THE CALENDAR. Each working copy must include, firmly affixed thereto, a copy of the confirmation notice received from the NYSCEF site upon the electronic filing of such document.

Any party who e-files an infant’s compromise, order to show cause and/or an ex-parte application for the Court’s signature shall be required to submit forthwith, a working copy of all papers in support to the Clerk in Part 10, Courtroom 63. Each working copy shall include, firmly affixed thereto, a copy of the confirmation notice received from the NYSCEF site upon the electronic filing of such document. The Court will not entertain an infant’s compromise, order to show cause and/or ex-parte application until a working copy of all papers in support is submitted to the Part 10 Clerk.

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Orders to Show Cause to be Revides as Counsel for a Party

Every order to show cause by an attorney to be relieved as counsel for a party must either set forth in the affirmation in support of the application the reason(s) why counsel is moving to be relieved, or, if disclosing the reason therefor in the affirmation in support of the order to show cause would divulge a client confidence and, for that reason, is not disclosed in the affirmation, either set forth the sections of the Rules of Professional Conduct that are applicable and/or submit at the time of the calling of the calendar a confidential written statement for this Court’s review, and which will not be part of the Court record, setting forth the reason why counsel wishes to be relieved as counsel. Any order to show cause to be relieved as counsel which is not in compliance with these requirements will be denied without prejudice.

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Trials

All counsel must submit to the court, prior to the commencement of trial, a copy of the bill of particulars and any supplemental bill of particulars.
Motions in Limine - On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit a brief written 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 conclusion. No adjournments or delays during trial will be accepted unless exigent circumstances arise.

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Preliminary Conferences

All preliminary conferences are conducted in the Preliminary Conference Part by the court attorney/referee of said Part. All inquiries regarding a preliminary conference must be addressed to the Preliminary Conference Part at 718-298-1046.

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Compliance Conference

Except with respect to cases involving the New York City Health and Hospitals Corporation, all compliance conferences are held in the Compliance Conference Part, Courtroom 313, before Justice Joseph J. Esposito. Any inquiry pertaining to a compliance conference shall be made to the Compliance Conference Part at 718-298-1093.

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Discovery Motions

No discovery-related motion shall be made prior to the compliance conference, a final status conference or the filing of the note of issue. Any such motion will be denied outright.

No motion seeking to vacate the note of issue and /or strike the action from the trial calendar shall be made if the case has been assigned to the Trial Scheduling Part. Any motion seeking vacatur of the note of issue or the striking the action from the trial calendar where the case has been assigned to the Trial Scheduling Part must be addressed by way of oral application in the Trial Scheduling Part on the scheduled conference date in that Part. Any motion made that is in violation of this rule will be denied outright.

All discovery-related motions are expected to be resolved by stipulation of counsel for the respective parties and not be submitted.

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