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New York StateUnified Court System

Civil Term - Part Rules, Part 19, Courtroom 44A


Presiding: Honorable: Justice Pam Jackman Brown, JSC
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Phone: 718-298-1126
Chambers Ph: 718-298-1653

 

Appearances and Communication | Communication with Chambers | Preliminary Conferences | Compliance Conferences | Motion Procedure | Ex Parte Orders | Trials


Appearances and Communication

A Notice of Appearance shall be properly filed in the Office of the County Clerk or the NYS Electronic Filing System.

Upon withdrawal of an attorney, there must be a properly filed Consent to Change Attorney filed with the Office of the County Clerk or NYS Electronic Filing System.

Two business cards shall be submitted to the Court at the first appearance on all matters before the Court in Part 19.

There shall be no ex-parte communication with the Court.

Electronic equipment such as beepers, cellular phones, radios, iPads, tablets, laptops or any electronic or recording device must be turned off while in the courtroom.

If a party or counsel is required to appear in another courtroom, they must promptly advise the Court Officer or Part Clerk where they are going, how they may be reached and/or when they will return. Upon the failure to notify the Court of your absence, the Court may take any appropriate action it deems just and proper.

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Communication with Chambers

Counsel SHALL NOT call Chambers to check on the status of any Notice of Motion/Order to Show Cause.

Inquiries: All inquiries as to the case or calendar status shall be made to the appropriate clerk’s office. The only inquiries to be made directly to Chambers of the Part should be those involving the immediate exercise of judicial discretion.

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Preliminary Conferences

Preliminary Conference will be held after the filing of written Request for Preliminary Conference with the clerk’s office (Room 140). A written Request for Preliminary Conference must accompanied by an affirmation of good faith in compliance with Rule 202.12.

NOTE: All Preliminary Conferences shall be held on Thursdays at 9:30 am in the Preliminary Conference Part, Room 314, before the appointed Court Attorney 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.

All inquiries regarding Preliminary Conferences, including adjournment requests, MUST be addressed to the Preliminary Conference Part.

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Compliance Conferences

Compliance Conferences shall be held on the date as set forth in the Preliminary Conference Stipulation and Order. All Compliance Conferences are held before Justice Joseph Esposito in Room 313.

NOTE: All inquiries regarding Compliance Conferences, including adjournment requests, MUST be addressed to the Compliance, Settlement and Conference Part.

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Motion Procedure

All Notices of Motion are returnable in the Centralized Motion Part (CMP).

NOTE: All inquiries regarding motions returnable in CMP, including adjournment requests, MUST be directed to the CMP. All parties are required to comply with both the CMP and Part 19 Rules regarding submission of motions. The Court will not consider papers sent to Chambers or to the Part after submission of the Motion. No motion relating to disclosure or a Bill of Particulars will be accepted without an affirmation of good faith, as set forth in Uniform Rule 202.7.

 

MOTION PAPERS

All motion papers MUST be made in compliance with 22 NYCRR 202.5, 202.7 and 202.8, concerning papers filed with the court.

NOTE: All pages and paragraphs are to be numbered. All exhibits MUST have a numbered exhibit tab and properly separated. All motion sequence number must be on the first page of all submissions.

Affixation of Papers: All Motions, Response Papers, Applications, Order to Show Cause MUST be securely fastened.

Rejection: Failure to comply with the requirement of this section may result in rejection of the papers submitted to the Court.

 

ELECTRONIC FILING

Any party who files a motion and/or opposition thereto pursuant to the NYS Courts Electronic Filing (“E-Filing”) shall provide this Court with a hard copy (working copy) of the documents filed electronically, which shall be submitted to the CMP Clerk on the first noticed return date of the motion.

Confirmation of E-Filing: Each working shall include, and firmly affixed thereto, a copy of the Confirmation Notice received from the NYSCEF site upon the electronic filing of such document (22 NYCRR 202.5-b(d)(3)(ii).

Order to Show Cause: Orders to Show Cause filed pursuant to the NYS Courts Electronic Filing ((“E-Filing”) MUST provide this Court with a hard copy (working copies) of the documents filed electronically as soon as possible upon the electronic filing of such document. Such working copies shall be delivered to Chambers.

 

MOVING PAPERS

Moving papers, with an affidavit of good faith where required by Uniform Rule 202.7, shall be filed with CMP by following its procedures and as required by law.

 

ORDERS TO SHOW CAUSE

Orders to Show Cause must comply with Uniform Rule 202.7(d) and be brought to the Ex Parte Support Office (Room 140) prior to judicial review, signature and fixing of a return date. Appearances for Orders to Show Cause are the same as listed for all other motions.

 

NOTICE TO CHAMBERS

Prior notice to chambers is not required to bring a Notice of Motion/Order to Show Cause.

SETTLEMENT/DISCONTINUANCE

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the letter directed to the Clerk of the Part. All stipulation of discontinuance must be accompanied by proof of payment of the appropriate fee.


INFANT COMPROMISE ORDER

Submission of an Infant’s Compromise Order must include the Part 19 checklist, which must be completed and attached to the papers. The Infant’s Compromise Checklist can be obtained from the Part Clerk of Part 19 prior to submission. NOTE: Any orders sent to chambers without the completed checklist will be returned to counsel. Hearings: Infant’s Compromise hearings will be scheduled by the Court. The parties will be notified of the hearing date by the Part Clerk.

 

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Ex Parte Orders

If a written decision directs that an Order be submitted, such Order must be brought to the Ex Parte Support Office (Room 140) prior to judicial review and signature.

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Trials

Prior to the commencement of trial, all counsels must submit to the Court:

(1) Marked pleadings

(2) A copy of the Bill of Particulars

(3) A witness list

(4) An exhibit list (without copies of exhibits)

(5) Pre-Trial Proposed Jury Instructions


After All evidence is presented:


(6) Post-Trial Jury Instructions

(7) Proposed verdict sheet


Motion 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 authority or case law. The party shall furnish the Court with the original affirmation along with supporting authority, along with an extra copy. Additional copies MUST be made for all opposing counsels/adversary/or un represented party(s).


Trial Schedule:

All trials shall be conducted on a continual day-to-day basis until conclusion. Matters will be tried, to the extent possible, in chronological order. Trial dates will be set as far in advance as practicable.


Adjournment during Trials:

Trials will not be adjourned unless counsel is actually engaged on trial and provides an Affirmation of Engagement in accordance with the Uniform Rules of the Trial Courts, or in the event of exigent circumstances.

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