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New York StateUnified Court System

Civil Term - Part 6, Courtroom 24


Justice Ernest F. Hart
88-11 Sutphin Blvd.
Jamaica, New York 11435
Courtroom Phone: (718) 298-1113

Part Clerk: Chris Nies
Law Secretary: Louisa Chan, Esq.
Secretary: Debra Konecko
Chambers Phone: (718) 298-0674

 

Preliminary Conference | Compliance Conferences | Motion Practice | Adjournments for Motions | Motion Papers | Trials | Settlements and Discontinuances | Electronic Filing of Legal Papers

 

NO TELEPHONE INQUIRIES CONCERNING MOTIONS OR APPLICATIONS MAY BE MADE TO CHAMBERS.


Preliminary Conferences

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 will be held on WEDNESDAYS at 9:30 A.M. at the Preliminary Conference Part, Room 314, of the courthouse, and they are 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 ordered. Any inquiry pertaining to preliminary conferences 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. Conferences shall be held before Justice Esposito in Room 313 of the courthouse.

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Motion Practice

1. The Motion Calendar will be called every MONDAY at 10:00 A.M. promptly. A second call will follow first call.

2. Motions require MANDATORY PERSONAL APPEARANCE by counsel for all parties. The motions will be heard for all purposes in the Part on the return date. On that date, the motions will be conferenced and/or orally argued at the Court’s discretion with the expectation that all discovery issues will be resolved by stipulation. Papers will not be accepted from calendar service inasmuch as a personal appearance by counsel and pro se litigants is required. In the case of e-filed motions, a hard copy must be submitted to the court on the return date.

3. Appearance of counsel and pro se litigants is also MANDATORY on all Orders to Show Cause, motions which seek to continue a temporary restraining order, Writ of Habeas Corpus, and any discovery related applications. Papers will not be accepted from calendar service inasmuch as a personal appearance by counsel and pro se litigants is required.

4. Discovery motions require inclusion of an affirmation of good faith, setting forth, in detail, the efforts utilized by the moving attorney to obtain discovery prior to requesting judicial intervention in compliance with Uniform Rule § 202.7. Conclusory statements by the attorney or failure to demonstrate good faith efforts may result in summary denial of the discovery motion.

5. The Court further directs that any attorney appearing on a case for any purpose MUST be familiar with the case, ready and authorized to resolve any and all issues.

6. 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.

7. 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.

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Adjournments for Motions

1. Motions may be adjourned on consent provided a written stipulation of counsel is submitted to the Court timely prior to the return date, or on the return date. All stipulations must contain the signature of the attorney consenting to the adjournment. A stipulation form which contains only the name of the firm will not be accepted. Stipulations of adjournments will not be granted on the telephone. Stipulations may be submitted by calendar service or non-attorneys.

2. Members of the Bar are to make every effort to notify their adversaries and co-counsel of all applications for adjournments in advance. If consent for an adjournment cannot be obtained, an application must be made to Justice Hart by counsel on the return date. Calendar service or non-attorneys will not be permitted to make applications for adjournments.

3. Absent extenuating circumstances, consent adjournments will be limited to two (2). Thereafter, attorneys seeking further adjournments MUST APPEAR. No motion shall be adjourned more than the aggregate period of 60 days from the original return date of said motion.

4. The Court may administratively reschedule any application or motion noticed for a holiday or a day on which the part is closed. 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.

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Motion Papers

1. All motion papers submitted shall be in compliance with Uniform Rule § 202.5, concerning papers filed with the Court. 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. In addition to the requirements of Section 202.5, all pages are to be numbered and all paragraphs are to be numbered. All exhibits are to be proceeded by a numbered exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened so as to prevent the papers from separating from each other and becoming lost. Failure to comply with the requirements of this section may result in rejection of the offending submission.

2. The answering papers, including cross motions, affirmations in opposition and reply affirmations, will be accepted only on the return date in Part 6. The court will not consider papers sent to chambers or to the part after submission of the motion or cross motion(s) that do not have proof of payment of the appropriate fee. (CPLR 8020[a]) or without prior consent of the Court.

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Trials

1. All counsel must submit to the Court, prior to the commencement of trial, marked pleadings, copy of the bill of particulars, a witness list, exhibit list, proposed jury instruction and a proposed verdict sheet.

2. Motions 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 or case law. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy.

3. The trial will be conducted on a continuous daily basis until conclusion. Tort actions are generally bifurcated. The Court expects that any trial on damages will follow immediately after a verdict finding the defendant liable.

4. No adjournments or delays during trial will be accepted unless exigent circumstances exist.


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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the stipulation of stipulation or discontinuance or a letter directed to the clerk of the Part. All stipulations of settlement or discontinuances must be accompanied by proof of payment for the appropriate fee. (CPLR 8020[d][1]).


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Electronic Filing of Legal Papers

1. Electronic filing is available for filing legal papers with the Court. On the return date, all parties must submit hard copies of any motion/responsive papers that are electronically filed. Additionally, for orders to show cause, working copies of the supporting documents (only the supporting documents) shall be filed with chambers “forthwith” upon the e-filing of the order to show cause.

2. 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. 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

3. 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.