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New York StateUnified Court System

Civil Term - Part Rules, Part 35, Courtroom 43


Justice Timothy J. Dufficy
88-11 Sutphin Blvd
Jamaica NY 11435
Chambers Ph: (718) 298-1785
Courtroom Ph: (718) 298-1116
Law Secretary: Kimberly Tivin
Secretary: Lori B. Rodman

Motions | Preliminary Conference | Compliance Conference | Settlements and Discontinuances | Infant's Compromise Orders | Uncontested Matrimonials | Rules For Trial Counsel | Inquiries



GENERAL

Letters will not be accepted unless you are advising of settlements and/or discontinuances.

Faxes are only accepted with permission of chambers.

Chambers does not provide telephone rulings or accept any discovery conference calls.

DO NOT CALL CHAMBERS for any adjournments on Motions, Preliminary Conferences or Compliance Conferences. See Below.

DO NOT CALL CHAMBERS for copies of orders, judgments or decisions.
For copies, go to the Queens County Clerk’s Office at 88-11 Sutphin Boulevard. See Below.


Motions


All motions shall be made returnable and heard on Tuesdays, at 10:30 a.m., at the Jamaica Courthouse, located at 88-11 Sutphin Blvd, Jamaica, NY 11435, in Courtroom 43.

Failure to notice a motion in compliance with the designated day, time and location above may result in the motion being “Marked Off” calendar without prejudice.

A second call will follow immediately thereafter.

Oral Argument will be required in the discretion of the Court.

The motion will be heard for all purposes in Part 35 on the return date. On that date, the motion will be submitted, adjourned (see below), or conferenced and/or orally argued at the discretion of the Court by the Justice, or his designee, or otherwise treated pursuant to the discretion of the Justice. (Ruling on applications will also be made at this time.)
The Court may administratively reschedule any application or motion noticed for a holiday or a day on which the Part is closed. Information will be available on e-courts. Should the Part administratively reschedule, the movant will be responsible for notifying all parties of the administratively rescheduled date and providing proof of same to the Part on the rescheduled adjournment date.

In any case where a motion is “Marked Off” for non-compliance with the Part Rules, such as improper notice, failure to appear in court as required by the Part Rules, or failure to provide a working copy of an e-filed motion, a new motion for the original relief sought may be filed in accordance with the Part Rules. A motion to Restore, Renew or Reargue is NOT required.

The moving party shall notify the court on the day the motion is scheduled if the motion is being withdrawn. In the event that the motion or application is withdrawn after submission, or if a matter is settled or discontinued, call chambers immediately.

APPEARANCES

Any attorney appearing on a case for any purpose MUST be familiar with the case, prepared, and authorized to resolve any and all issues.

Mandatary appearance will be required for ALL motions and applications. All motions and applications will be subject to a conference.

Calendar service will ONLY be permitted for first time stipulations of adjournments, UNLESS the motion is for discovery or a summary judgment motion with discovery issues or an order to show cause, and for any stipulation withdrawing a motion.

Failure of the MOVANT to appear for any Order to Show Cause, Writ of Habeas Corpus, any Summary Judgment motion with discovery issues, and any other discovery related application will subject the motion to being ”Marked-Off.

Failure of the OPPOSING PARTY to appear with responsive papers for any Order to Show Cause, Writ of Habeas Corpus, any Summary Judgment motion with discovery issues, and any other discovery related application will subject the responsive papers to being stricken.

DISCOVERY MOTIONS

No Discovery motion shall be made prior to the holding of both a Preliminary Conference and Compliance Conference and proof that such conferences were held shall be attached to the motion.

Discovery related motions are strongly discouraged. On any discovery related motion or application, attorneys are encouraged to conference the issues among themselves with the expectation that the issues will be resolved by stipulation. Such stipulations must indicate: the motion calendar number and motion sequence number, and any cross-motion that is/are being withdrawn, pursuant to the stipulation, with the names of the attorneys appearing at the calendar call printed legibly beneath each signature.

Any items of discovery not specifically identified as outstanding at the time of the stipulation resolving the motion are deemed waived.


PAPER SUBMISSIONS

Papers shall NOT be accepted prior to the calendar return date.

All motion papers, including working copies, shall be securely fastened and shall have protruding exhibit tabs. Non-conforming papers may be rejected by the Court.

All responsive papers must be submitted in person by counsel on the return date of the motion or application. The Part does not accept any responsive papers by mail or by fax.

The Court will NOT accept or consider any “Supplemental” Affirmations,“Further” Affirmations, “Sur-Reply” Affirmations.

Any stipulations withdrawing motions or applications that are on the calendar must be submitted on the morning of that calendar return date in person or by service. No such stipulations will be accepted prior to the calendar return date.

Cross-Motions will be considered responsive in nature and must be timely filed, pursuant to the CPLR, along with proof of payment of the statutory motion fee in order to be accepted and considered.

Cross-motions shall NOT be considered as opposition to main motions. Papers proffered in opposition to the main motion shall be contained in a stand-alone document and NOT submitted in the cross-motion. Likewise, papers proffered in opposition to a cross-motion shall be a standalone document and NOT submitted in a Reply. Failure to comply with the requirements of this section will result in a rejection of the offending motion.

Motions to renew and/or reargue shall contain a copy of the court’s original decision and copies of all papers submitted in support of the original motion.

No papers will be accepted after the motion is marked “submitted” at the calendar call on the return date without express permission of the Court.


E-FILE:

WORKING COPIES must be submitted at the call of the calendar.
Each working copy must include, firmly affixed to the back of the motion papers, a copy of the confirmation notice received from the NYSCEF site, upon the electronic filing of such documents. The front page of the working copy must have the following identifying markings:

- Justice Dufficy - Part 35, Motion Sequence Number and Calendar Number -

Failure to present the required working copy at the calendar call will result in the matter being marked-off the calendar


OPT-OUT: A party that has opted out of participation in e-file will file documents in hard copy which will include, on a separate page firmly affixed thereto, the “NOTICE OF HARD COPY SUBMISSION– E-FILED CASE” form, which can be found on the NYSCEF site at https://iapps.courts.state.ny.uys


ADJOURNMENTS

Adjournments will NOT be accepted by mail, e-mail, fax or telephone call but ONLY during the call of the calendar.

First-time Adjournments on consent will be allowed upon written stipulation.

All stipulations must contain: the signature of all attorneys consenting to the adjournment with the name(s) of the attorney(s) appearing printed legibly beneath each signature, a schedule for the exchange of opposition and reply papers occurring prior to the adjourn date.

Requests for an adjournment beyond ONE will be granted sparingly in the Court’s discretion. Under normal circumstances, no motion will be adjourned more than twice.


BRIEFING SCHEDULES


On the return date of the initial motion, a briefing schedule will be issued with dates for responsive papers. This schedule shall be conveyed verbally or in writing to the attorneys and shall appear on the face of the motion papers. Failure to comply or serve responsive papers in accordance with the briefing schedule shall result in the rejection of those papers on the adjournment date.


STATUS OF DECISIONS

Calls regarding the status of a motion or application decision WILL NOT be entertained by chambers or the part.

Decisions or orders can be retrieved on-line or at the County Clerk’s Office, located in the Jamaica courthouse, Room 106.

If a motion or application has been pending for more than 60 days, any request regarding the status of such motion or application MUST be in writing, contain the name of the matter, index number and date the motion was marked submitted.

Further inquiries should be directed to the Motion Support Office at 718-298-1009 or Ex-Parte Support Office 718-298-1018.

 

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Preliminary Conference

A Preliminary Conference shall be scheduled (1) automatically by the court within 45 days after filing a request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b), or (2) 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 are held in Room 3002, on TUESDAYS at 9:30 a.m, and are presided over by the court-appointed Referee, unless otherwise directed by the court.

Inquiries shall be made directly to the Preliminary Conference Part at (718) 298-1046. NOT CHAMBERS.

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Compliance Conference

All Compliance Conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Esposito, in Room 313.

Inquiries shall be made directly to the Compliance Conference e Part at (718) 298-1093.

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Settlements and Discontinuances

Notify Chambers if an action is settled, discontinued or otherwise disposed of, by submission of a letter. Stipulations of Discontinuance must be accompanied by proof of payment for the appropriate fee. CPLR 8020(d)(1).

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Infant's Compromise Orders

Contact the Clerk of Part 35 Clerk for the Checklist of Requirements for Infant’s Compromise Orders.

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Uncontested Matrimonials

All corrections to matrimonial papers that were directed by a Notice of Defect or Memorandum must be submitted directly to Justice Dufficy, in accordance to the requirements and dates set forth in the Notice of Defect or Memorandum order.

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Rules For Trial Counsel

PRIOR TO TRIAL

At the first meeting with the Court, counsel for both parties MUST provide the following:

1. MARKED PLEADINGS & STATUTORY AUTHORITY
Plaintiff’s counsel must provide marked pleadings, a copy of any statutory provisions relied upon by either the plaintiff or defendant, and the Bill(s) of Particulars;

2. EBT TRANSCRIPTS
The attorneys must provide EBT Transcripts if any part of a deposition is to be read into evidence. No pdfs or files requiring printing will be accepted.

3. LIST OF LAY AND EXPERT WITNESSES
Both defendant and plaintiff counsel must provide a TYPED list of Lay and Expert Witnesses, along with the field of expertise of the experts, and a copy of the expert's report.

4. MOTIONS IN LIMINE AND TRIAL MEMORANDA
Motions in Limine and trial memoranda must be submitted to the Court and copied to opposing counsel the day prior to the day of trial when the ruling is sought. Oral requests and late requests will not be entertained and will be deemed waived.

5. NEED FOR INTERPRETERS
The attorney(s) must advise the Court of the need for an interpreter for any non-English speaking party or witness.

6. JURY CHARGE & VERDICT SHEET
Counsel must submit written charge requests containing number (ex. 1:20, 1:21) and caption only on paper or by email to court attorney Kimberly D. Tivin-ktivin@nycourts.gov. All requests must be narrowly tailored to fit the specific facts of the case. Jury charges will generally be delivered as written in the Pattern Jury Instructions (PJI) without changes. Statutory sections and local regulations must be provided by statute, section, subsection, rule and regulation.

7. SPECIAL COURTROOM NEEDS

Advise the Court of any special needs, e.g. an easel, blackboard, shadow box, television, subpoenaed materials, etc.

8. PRE-MARKED EXHIBITS
All trial exhibits should be pre-marked for identification, and copies of a list of exhibits must be given to the Court before the trial actually begins. Failure to comply with this rule may result in sanctions, including preclusion.

 

PRE-TRIAL CONFERENCE

1. Attendance by Insurance Carriers: A representative of the insurance carrier or any other stakeholder must participate in the conference in person, unless the Court permits otherwise.

2. Counsel must have authority: to settle the matter, waive undisputed issues
(eg. liability), stipulate to undisputed facts and stipulate to the admissibility of evidence.

3. Witness Availability and Scheduling: Counsel must have witnesses available or on telephone standby. Prior to jury selection, counsel is cautioned to ascertain the availability of all witnesses and subpoenaed documents. Counsel must be able to discuss scheduling, number of anticipated witnesses and duration of trial.

4. Anticipated issues of Law: Counsel must advise the Court of anticipated disputed issues of law and fact.

5. Subpoenaed Records: Counsel must alert the Part Clerk and Court Officer of the need to retrieve subpoenaed records. Copies of subpoenaed records should be provided to opposing counsel and the Court.

6. Records Requiring Redaction: Each party shall alert the Court and provide proposed redactions prior to seeking admission. The Court shall rule on each side’s proposed redactions.

 

AT TRIAL

1. Counsel must appear on time: At the start of each day on trial, check in with the Part Clerk.

2. Trial Objections and Arguments: Always stand for objections, keep objections brief- no more than 3 words (ex “hearsay,” “bolstering,” “leading”.) If you believe further argument is required, ask permission to approach the bench.

3. Courtroom Comments and Demeanor: Civility is a must. Obnoxious or obstructive behavior will not be tolerated.

4. Use of Proposed Exhibits: Do not show anything, including an exhibit or proposed exhibit to a witness without first showing it to opposing counsel.

5. Examination of Witnesses: Do not approach a witness without permission of the Court. Allow the witness to complete his/her answer, and do not interrupt the witness in the middle of an answer. Direct examination, cross-examination, redirect examination and re-cross examination are permitted. The Court does not ordinarily permit re-redirect examination and re-cross examination of a witness.

6. Expert Witnesses: No expert witness shall be scheduled to testify on a Friday without the consent of the Court.


Inquiries

Inquiries as to case or calendar status are to be made to the appropriate Clerk's Office:

Part Clerk - Part 35 (718) 298-1116
Motion Support Office (718) 298-1009
Ex Parte Support Office (718) 298-1018
Preliminary Conference (PC) (718) 298-1046
Compliance Conference (CC) (718) 298-1093


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