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New York StateUnified Court System

Civil Term - Part 6, Courtroom 24 , Courtroom 48


Justice Howard G. Lane
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Phone: (718) 298-1113

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

NO TELEPHONE INQUIRIES CONCERNING MOTIONS OR APPLICATIONS MAY BE MADE TO CHAMBERS. All such inquiries must be made to the Motion Support Office (718-298-1009) or to the Ex Parte Office (718-298-1018) or to the Clerk of Part 6 (718-298-1113).

 

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 will be held on WEDNESDAYS at 9:30 A.M. at the Preliminary Conference Part, Room 3002, 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 Ritholtz in Room 313, of the courthouse.

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Motion Practice

MOTION PRACTICE FOR ALL MOTIONS NOTICED AFTER OCTOBER 1, 2012

1. All motions will be returnable in the Centralized Motion Part, courtroom 25, Monday - Thursday at 2:15 P.M. and Friday at 11:00 A.M., as IAS Part 6 will no longer hold individual motion days.

2. Please refer to the Centralized Motion Part Rules, located at:
www.nycourts.gov/courts/11jd/supreme/civilterm/CentralizedMotionPart-Rules.pdf

3. All questions regarding motions made returnable after October 1, 2012, should be directed to the Centralized Motion Part at 718-298-1728.

MOTION PRACTICE FOR ALL MOTIONS NOTICED BEFORE OCTOBER 1, 2012 ONLY

1. The Motion Calendar will be called every TUESDAY at 9:30 A.M. promptly. A second call will follow at 10:00 A.M.

2. Motions require MANDATORY PERSONAL APPEARANCE by counsel for all parties. The motions will be heard for all purposes in the Part on the adjourned 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 and motions which seek to continue a temporary restraining order or to extend the time to file a note of issue. 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.

ADJOURNMENTS FOR MOTIONS NOTICED BEFORE OCTOBER 1, 2012

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. The 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 Lane 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. 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. DO NOT TELEPHONE CHAMBERS FOR ADJOURNMENTS.

MOTION PAPERS

1. All motion papers submitted shall be in compliance with Uniform Rule § 202.5,
concerning papers filed with the Court. 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 for motions noticed before October 1, 2012 and in the Centralized Motion Part (CMP) for motions noticed after October 1, 2012. 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]).

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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.

5. A complete copy of the Court’s Rules for Trial Counsel will be furnished to trial counsel for the parties prior to trial.

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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 or a letter directed to the Clerk of the Part. All stipulations of 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

Electronic filing is available for filing legal papers with the Court. Parties interested in electronic filing should read the materials set forth at https://iapps.courts.state.ny.us/fbem/mainframe.html and at the Queens County website. The rules and user’s manual for electronic filing are available on this website. On the return date, all parties must submit hard copies of any motion/responsive papers that are electronically filed.

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