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New York StateUnified Court System

Civil Term - Part Rules, Part 18, Courtroom 41


Justice Duane Hart
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph.: (718) 298-1144
Courtroom Ph.: (718) 298-1110

In all matters before Part 18, counsel is expected to have significant knowledge of the case and full authority to settle or try the matter. Counsel must also be present in court in a timely fashion and have authority to enter into binding stipulations with his or her adversary. This rule applies to unrepresented litigants as well as attorneys.

Preliminary Conference | Motions| Electronic Filing of Legal Papers | Infant's Compromise Orders| Trials | Inquiries

 

Preliminary Conference

A preliminary conference shall take place after filing of a Request for a Preliminary Conference with the clerk’s office, in compliance with Uniform Rule §202.12(a), or if required, a notice of medical malpractice action or certiorari case pursuant to Uniform Rules §202.16. 202.56 and 202.60, or upon a specific directive by Justice Hart. Preliminary conferences for Part 18 will be held on Thursdays at 9:30am in Room 3002.

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Motion Practice

All moving papers are to be filed in the clerk’s office pursuant to Uniform Rule §202.8(b), and should be noticed for the Centralized Motion Part in Courtroom 25. Please refer to the court website for information on CMP and the Motion Support Office.

However, those substantive motions fully submitted in the CMP will also be conferenced before Justice Hart on the following Wednesday at 9:30am in Courtroom 41. The parties should check with the part clerk in Courtroom 41 for information on the conference date of these motions.

All motion papers should be accompanied by an affirmation of good faith where required by Uniform Rule §202.7. Courtesy copies of moving papers need not be provided. Mandatory appearance is required for counsel for all parties and unrepresented litigants on the conference date, unless otherwise directed by Justice Hart or his designee. Adjournments of the conference may be sought only by application to Justice Hart in open court and not by stipulation of counsel. Service representatives and non-attorneys who are not parties will not be permitted to make applications for adjournments.

Orders to Show Cause must comply with Uniform Rule §202.7(d) and be brought to the ExParte Office prior to judicial review, signature and fixing of a return date.

Litigants and counsel should not call chambers for information as to the status of a motion, but should contact the part clerk.

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Electronic Filing of Legal Papers

Parties interested in electronic filing should review the court’s website and Uniform Rule §202.5-b for further information. Working copies of all moving papers and supporting documentation must be submitted to the Court three (3) days prior to the scheduled court conference. Parties using efiling must provide proof of filing to CMP at the calendar call in accordance with Uniform Rule §202.5-b.

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Infant’s Compromise Orders

Submission of an Infant’s Compromise Order must include the Part 18 checklist, which must be completed and attached to the papers. The Infant’s Compromise Checklist can be obtained from the part clerk of Part 18 prior to submission, and any orders sent to chambers without the completed checklist will be returned to counsel. Infant’s Compromise hearings will be schedule by the Court and the parties will be notified of the court date by the part clerk.

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Trials

Matters assigned to Part 18 will be tried in chronological order, to the extent feasible. Trial dates will be set as far in advance as practicable, and the parties should contact the part clerk or e-courts for information on the dates.

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Inquiries

All inquiries as to cases or calendar status should be made to the appropriate clerk’s office. The only inquiries to be made directly to Chambers or Part 18 should be those involving the immediate exercise of judicial discretion. Phone numbers for the clerk’s offices and departments are available on the court website.

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