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Civil Term - Part 12, Courtroom 42

Justice Denis J. Butler
88-11 Sutphin Blvd.
Jamaica NY 11435
Chambers Ph: (718) 298-1216
Courtroom Ph: (718) 298-1121
Law Secretary: Laurentina McKetney Butler, Esq.
Secretary: Mary Dalton

Preliminary Conference | Compliance Conference | Motion Practice | Infant's Compromise Orders | Uncontested Matrimonials | Trials | Settlements and Discontinuances


Preliminary Conference

A preliminary conference shall be scheduled by the Court: (1) within forty-five (45) days after filing a Request for Judicial Intervention (see, 22 NYCRR § 202.12 [b]); (2) upon filing a written Request for a Preliminary Conference with the Clerk in Room 140 of the Supreme Court in Jamaica (see, 22 NYCRR §202.12[a]); or (3) when an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR §§202.56 and 202.60.

Preliminary conferences will be held on Thursdays at 9:30 a.m. in the Preliminary Conference Part, Room 314 of the Jamaica Courthouse located at 88-11 Sutphin Blvd., Jamaica, New York, and are presided over by a court-appointed Referee, unless otherwise directed by the Court. Failure to appear at a scheduled preliminary conference may result in discovery being ordered ex-parte or any other appropriate sanction, including a preclusion or dismissal order.

Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conferences

All Compliance Conferences will be held before Justice Ritholtz in Room 313 at the Jamaica Courthouse on the date scheduled in the Preliminary Conference Order.

Inquiries 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, Monday through Thursday at 2:15 p.m. or Friday at 11:00 a.m., in the Centralized Motion Part (“CMP”) located in the Jamaica Supreme Court located at 88-11 Sutphin Blvd., Jamaica, New York. CMP is presided over by court-appointed Referees . All motion papers shall be submitted in accordance with the CMP Rules.

Papers forwarded to Chambers or Part 12 after submission in CMP will not be considered in determining the application. Oral arguments will be entertained, after submission of the motion, at the Court’s discretion.

All questions concerning CMP motion practice should be directed to CMP at 718-298-1728. The CMP Rules can be found on the NYCOURTS.Gov website:

Please do not call the Part or Chambers for adjournments as NO adjournments will be granted on the telephone. The members of the Bar are to make every effort to notify their adversaries and co-counsel of all applications for adjournments in advance.

All inquiries as to case or calendar status are to be made to the appropriate clerk’s office.

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

Filing of Papers with the Court:

The filing of all motions and ex-parte applications shall be in compliance with 22 NYCRR §202.5.

Electronically filed motions and ex-parte applications shall be filed in compliance with 22 NYCRR §§202.5-b or 202.5-bb, as applicable. In addition to the requirements set forth therein, the moving party must submit, to the Court, a ‘Working Copy’ of the application, together with all supporting documents, clearly marked ‘Working Copy’. For applications appearing in CMP, the ‘working copy’ shall be submitted to CMP in accordance with the CMP Rules. For all ex-parte applications, including applications for orders to show cause, a ‘Working Copy’ must be submitted to Chambers, by mail, forthwith. Failure to provide a ‘Working Copy’ to Chambers will delay the review and determination of the application.

Support documentation submitted with all applications made to the court (including ‘Working Copies’) , must contain page numbers and numbered paragraph; all exhibits are to be preceded by an exhibit tab which protrudes from the papers; and the submissions are to be securely fastened. Failure to comply with the requirements of this section may result in rejection of the non-complying papers.


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Infant's Compromise Orders

Applications for Infant Compromise Orders shall be made pursuant to CPLR §1207(a) and shall be supported by the documentation required by CPLR §1208 and 22 NYCRR 202.67. Applications submitted without the appropriate documentation will be denied. Infant compromise hearings will be scheduled by the Court and the parties will be notified of the hearing date by mail.

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Uncontested Matrimonials

Where matrimonial papers have been rejected by the court for revision, all revised matrimonial papers must be resubmitted by the date set forth in the rejection memorandum or the action may be dismissed as abandoned. All revisions are to be submitted , by hand, to the Clerk in Part 12.

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Plaintiff’s counsel shall requisition all subpoenaed records to the Part12 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.

All counsel must submit to the Court, prior to the commencement of trial, marked pleadings, a copy of the bill of particulars, a witness list, an exhibit list, proposed jury instructions and a proposed jury verdict sheet. Counsel must also know the availability of all witnesses who they intend to call during trial.

Amendments to the proposed jury instructions and the proposed verdict sheet , shall be permitted prior to the final charge conference. All requested jury charges should be referred to by PJI number and topic. If changes to the PJI are suggested, then the entire proposed charge should be set forth with the changes made highlighted. Citations to appropriate statutory or common law authority must be given in support of proposed non-PJI jury charges or proposed PJI modifications.

To the extent any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) counsel must, in advance, provide the Court and counsel for all other parties with the page and line numbers of all such testimony, so that all objections may be addressed prior to use before the jury.

The Court encourages trial exhibits be pre-marked for identification and, where possible, that the parties stipulate to the admissibility of clearly admissible documents and records.

Pre-trial Conferences:

Pre-trial conferences will be held prior to every trial. At these conferences 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, however they must be supported by a memorandum of law. Any written motions in limine require proof of payment of the appropriate fee. Counsel shall provide the Court and all parties with copies. 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 request for apportionment as to alleged culpable non-parties pursuant to CPLR Article 16.

g) Discuss scheduling and the estimated length of the trial. Counsel should alert the Court as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses and any other practical problems that the Court should consider in scheduling.

Trials will be conducted on a continuing day-to-day basis until conclusion. No adjournments or delays during trial will be accepted, unless exigent circumstances exist. All actions are generally bifurcated. The Court expects, the parties to be prepared to proceed to trial on damages immediately following a plaintiff’s verdict on liability.

Counsel should alert the Court, at the pre-trial conference, as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses and any other practical problems that the Court should consider in scheduling.


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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by filing a stipulation of discontinuance pursuant to CPLR §3217 and providing a courtesy copy to the Clerk in Part 12, or, where the action is not discontinued, by submitting a copy of the stipulation of settlement or a letter advising of the disposition.

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