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New York StateUnified Court System

Civil Term - Part Rules, Part TSD, Courtroom 25


Justice Jeremy S. Weinstein
88-11 Sutphin Blvd.
Jamaica, NY
Ph: (718) 298-1048

Trial Calendar | Motion Calendar | Discovery and Summary Judgment Motions | Vacate a Stay or Restore to Calendar | Infant's Compromise Orders

 

Trial Calendar

The trial calendar will be called every Monday and Thursday commencing at 9:30 a.m.

  1. Every case on the trial calendar is deemed ready for trial to be sent forthwith to select or transferred to Civil Court pursuant to CPLR § 325(d).
  2. Only counsel of record or trial counsel shall appear for a case on the trial calendar. Failure to appear may result in a case being dismissed or set for inquest.
  3. Personal appearance is required on all matters, and no adjournments will be granted until the case is conferenced by the court. Failure to appear at the calendar call may result in the matter being set down for inquest, stricken from the trial calendar, the note of issue vacated, or dismissal of the matter.
  4. If a jury case is not settled or otherwise disposed, it will be sent to select a jury.
  5. If a non-jury case is not settled or otherwise disposed, it will be assigned for trial.
  6. All cases will be assigned for trial to the IAS justice, if available. If the IAS justice is unavailable, the case will be sent to the first available justice
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Motion Calendar

The motion calendar will be called on Tuesday mornings at 9:30 a.m. in Courtroom 25. There will be no second call of the motion calendar

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Discovery and Summary Judgment Motions

When an action has been re-assigned to the Trial Scheduling Part D, motions filed within one month of the Trial Scheduling Part D appearance date must be made returnable on a Tuesday only before Justice Weinstein.

  1. Counsel must personally appear and be prepared to discuss and/or orally argue at the call of the motion calender all motions. If the moving party fails to appear, the motion will be marked off the calendar for non-appearance. If the opposing party fails to appear, the motion may be granted on default.
  2. Discovery and summary judgment motions may not be marked submitted, even on consent of all parties, unless first conferenced by the Court.
  3. Counsel must attach to all discovery and summary judgment motions copies of all pleadings and documents as required by the CPLR, including all preliminary conference, compliance conference, discovery orders, as well as stipulations.
  4. Motions seeking leave to renew or reargue a prior motion shall include copies of all papers submitted on the prior motion and the order entered thereon.
  5. The Court shall mark off of the motion calendar any motion that does not comply with rules 3 and 4 of this section.
  6. No courtesy copies to chambers are required. The Court will not accept stipulations to adjourn motions prior to the calendar call. Any application for an adjournment of the motion must be made to the Court at the time of the motion calendar call, and no more than one adjournment shall be granted.
  7. Oral argument will be entertained only in the Court's discretion.
  8. The Court will not consider papers sent to Chambers or the Part after submission.
  9. 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.
  10. All motions and ex-parte applications submitted shall be in compliance with Uniform Rule §202.5. In addition to these requirements, all pages and paragraphs must 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 being lost. Failure to comply with the requirements of this section may result in rejection of the non-complying papers.

 

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Vacate a Stay or Restore a Calendar

  1. In order to vacate a stay or restore a case to the trial calendar, counsel must agree upon a date certain for trial and file a stipulation to that effect, signed by all parties. The stipulation shall be filed with the clerk in the Trial Scheduling Part D.
  2. No motion to vacate a stay or restore a case to the trial calendar will be accepted for filing by the Motion Support Office unless accompanied by an affirmation or affidavit of attempts to comply with Rule 1 of this section. The affirmation or affidavit shall be affixed to the face of notice of the motion and all sides must appear on the return date.
  3. The Motion Support Office shall reject any motion which does not comply with the requirements of Rule 2 of this section. back to top

Infant's Compromise Orders

All infant’s compromise orders must include an affidavit from the infant’s parent/guardian, a medical affirmation detailing a recent examination of the infant, medical records, if any, a letter from defendant’s insurance company confirming the settlement offer, and an affirmation of attorney’s fees.

Please do not call the TSD Part or Chambers for adjournments of infant’s compromise matters as NO adjournments will be granted on the telephone. Use service or mail.

The members of the Bar are to make every effort to notify their adversaries and co-counsel of all applications for adjournments in advance. All inquiries to case or calendar status are to be made to the appropriate clerk's office.

IAS Motion Support Office (718) 298-1009
Ex-Parte Support Office (718) 298-1018
Trial Term Office (718) 298-1015

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