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 (3)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.
Compliance Conference
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.
Motion Practice
The Motion Calendar will be called every TUESDAY at 9:30 A.M. PROMPTLY. A second call will follow at 10:30 A.M. No courtesy copies to chambers are required.
All motions relating to any phase of discovery including motions to strike or restore a case to the Trial Calendar, require personal appearance by counsel for all parties. Counsel should be prepared to discuss and agree upon a discovery schedule. If the motion has been brought by an Order to Show Cause, all parties MUST appear on the return date. All other motions and applications may be submitted on papers only. All exhibits annexed to motion papers shall be preceded by numbered exhibit tabs.
Oral argument will be entertained only in the Court’s discretion.
Whenever a personal appearance is not required, use of calendar service is permitted both to submit papers and to request consent adjournments which will be limited to two and will not exceed three weeks each. Adjournments on consent will be allowed upon written stipulation. All stipulations must contain the signature of the attorney consenting to the adjournment. A form bearing only the name of the firm will not be accepted. Thereafter, attorneys seeking a further adjournment MUST APPEAR at the calendar call. Adjournments will be limited to two, absent extenuating circumstances.
Please do not call the Part or Chambers for adjournments 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.
The Court will not consider papers sent to Chambers or the Part after submission.
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.
Trials
All counsel must submit to the court, prior to the commencement of trial, marked pleadings, a copy of the bill of particulars, a witness list, an exhibit 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.
No adjournments or delays during trial will be accepted unless exigent circumstances exist.
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 of the appropriate fee. [CPLR § 802(d)(1)].
|
