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 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 TUESDAYS at 11:30 a.m. at the Preliminary Conference Part, Room Number 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.
Compliance Conference
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 conference shall be made to the Compliance Conference Part at 718-298-1093.
Trials
All counsel must submit to the court, prior to the commencement of trial, marked pleadings, copy of the bill of particulars, a witness list, proposed jury instructions and a proposed verdict sheet.
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.
The trial will be conducted on a continual daily basis until conclusion.
No adjournments or delays during trial will be accepted unless exigent circumstances arise.
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)).
Any inquiry pertaining to a preliminary conference shall be made to the Preliminary Conference Part at 718-298-1046.
Motion Practice
The motion calendar will be called every Tuesday at 9:30 a.m. promptly. A second calendar call will follow shortly thereafter.
Appearance of counsel and pro se litigants is mandatory on all motions. Mandatory appearance is required by counsel with knowledge of the case and with full authority to settle or enter into binding stipulations on the return date.
On the return date, motions will be conferenced and/or orally argued at the discretion of the court.
Do not call Part 10 or Chambers for adjournments as NO ADJOURNMENTS WILL BE GRANTED BY TELEPHONE.
Motions may be adjourned on consent provided a written stipulation of counsel is submitted to the Court prior to the return or adjourn date. All stipulations must contain the signature of the attorney consenting to the adjournment. A form which contains only the name of the firm on the stipulation will not be accepted. Stipulations must also contain a schedule for exchange of opposition and reply papers occurring prior to the adjourn date. Stipulations may be submitted by calendar service or non-attorneys.
If consent for an adjournment cannot be obtained, an application must be made to Justice Kerrigan by counsel on the return date. Calendar service or non-attorneys will not be permitted to make applications for adjournments.
Under normal circumstances, no motion will be adjourned more than twice. Motions relating to discovery may be adjourned only once.
Answering and reply papers will be accepted only on the return date in the Part. The Court will not consider papers sent to Chambers or the Part after submission. Papers will not be accepted from calendar service if a personal appearance by counsel is required. Courtesy copies of papers are NOT required.
Motion Papers and Ex-Parte Applications
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 OFFENDING SUBMISSION.
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