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Civil Term - Part Rules, Part 27, Courtroom 68


Justice Darrell L. Gavrin
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Phone: (718) 298-1640
Fax Phone: (718) 298-1108
Principal Law Clerk: Hilary Gingold, Esq.
Secretary: Valerie Traverson
Part Clerk: Robert McKibbin

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


Preliminary Conference

A preliminary conference shall be scheduled automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR § 202.12 (b); or upon filing a written Request for a Preliminary Conference with the Clerk’s Office, Room 140, in compliance with 22 NYCRR § 202.12 (a); or an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR §§ 202.56 and 202.60.

All preliminary conferences shall be held on Mondays at 9:30 a.m. at the Preliminary Conference Part, Room 3002 at the Jamaica courthouse and presided over by the court-appointed 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.

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

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Compliance Conferences

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Compliance conferences shall be held before Justice Martin Ritholtz in Room 313.

Any inquiry pertaining to a compliance conference shall be made to the Compliance Conference Part at (718) 298-1093.

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Motion and Ex Parte Applications

Motions shall be made returnable in the Centralized Motion Part (CMP) and must comply with both the Part 27 Rules (which can be found below) and the CMP Rules. Motions are to be made returnable in CMP at 2:15 p.m., Monday through Thursday, and 11:00 a.m. on Friday. All administrative issues (e.g., with respect to adjournments) shall be addressed to CMP and NOT to Chambers. CMP Rules can be found at the following link: “www.nycourts.gov/courts/11jd/supreme/civilterm/centralized_motion_part_rules.pdf.”

Any questions regarding new motions should be directed to the CMP, telephone number (718) 298-1728.

All motions and ex parte applications submitted shall be brought in compliance with 22 NYCRR § 202.5. In addition to these requirements, all pages and paragraphs must be numbered and all exhibits annexed to motion papers shall be preceded by a numbered exhibit tab which protrudes from the stack of papers.

Answering and reply papers will be accepted ONLY on the return date in CMP.

The Court will NOT consider papers or letters sent to Chambers or the Part after full submission of the motion or cross motion(s).

Courtesy copies of papers are NOT required EXCEPT when filed by E-Filing (see E-Filing below).

Copies of decisions on motions will ONLY be mailed to attorneys and/or pro se litigants, who provide a stamped, self-addressed envelope at the time of final submission of the motion. Otherwise, it is the responsibility of the respective attorneys and/or pro se litigants to obtain a copy of the court decision with the appropriate Clerk’s office.

E-Filing Rules and Protocols:

Parties interested in electronically filing should read court materials set forth in the statewide E-Filing Rules: 22 NYCRR §§ 202.5-b and 202.5-bb, available at www.nycourts.gov/efile. General questions about E-Filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@court.state.ny.us.

Hard Copy Submission:

No courtesy copies to Chambers are required EXCEPT IN THE CASE OF E-FILED MOTIONS. All hard copy submissions in E-Filed cases MUST bear the Notice or Hard Copy Submission as required by 22 NYCRR § 202.5-b(d)(1).

On the return date of the motion, if counsel has failed to provide a hard copy of the motion or responsive papers, the Court will either mark off the motion, or in the case of opposition papers, consider the motion unopposed.

Withdrawal of Motions:

After submission in CMP, withdrawal of any motion may be communicated by fax to the CMP office at (718) 520-2571 with prior notice to the adverse party or by stipulation.

ALL INQUIRIES REGARDING NEW MOTIONS AND ADJOURNMENT OF MOTIONS, CASE OR CALENDAR STATUS MUST BE MADE TO THE APPROPRIATE CLERK’S OFFICE.

PLEASE DO NOT CALL CHAMBERS
.

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

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Trials

Prior to the commencement of trial, counsel must submit the marked pleadings, copy of the bill of particulars, witness list, exhibit list, proposed jury instructions and proposed verdict sheet. Counsel must know the availability of all witnesses whom he/she intend to call during trial. Further, a party intending to use deposition transcripts must furnish a copy to the Court.

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

Tort actions are generally bifurcated. The Court expects, unless previously advised otherwise by counsel, to conduct the damages phase of the trial before the same jury immediately following a verdict for plaintiff finding defendant(s) liable.

The trial will be conducted on a continual daily basis until conclusion. No adjournments during trial will be granted, unless exigent circumstances exist.

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Settlements and Discontinuances

If an action is settled or discontinued, counsel shall immediately inform the Court by submission of a copy of the stipulation of settlement or letter directed to the Clerk of Part 27. All Stipulations of Discontinuances must be accompanied by proof of filing with the Court Clerk and payment of the appropriate fee (CPLR § 8020 [d] [1]).

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Infant's Compromise Orders

Before submission of an Infant’s Compromise Order, counsel shall obtain from the Clerk of Part 27 an Infant’s Compromise Checklist required for submission of all necessary information and documentation. Infant’s Compromise Orders sent to chambers without the required worksheet completed will be returned to counsel. Proof of payment appropriate fee, if any, is required at the time of submission.

Infant Compromise appearances will be scheduled by the Part 27 Clerk and counsel will be notified of the court date by the Part Clerk.

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