Preliminary Conference
A preliminary conference shall be scheduled automatically by the Court within forty-five (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 will be held on Thursday at 9:30 a.m. at the Preliminary Conference Part, Room 24A 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 Conferences
Compliance conferences shall be held on the date scheduled in the Preliminary Conferences Stipulation and Order. Conferences shall be held before Justice Ritholtz in Room 313. Any inquiry pertaining to compliance conferences shall be made to the Compliance Conference Part at 718-298-1093.
Motion Practice
Beginning September 8, 2009, the Motion Calendar will be called every Tuesday at 9:30 a.m. PROMPTLY. There will be a second call of the calendar at 10:30 a.m.
No courtesy copies of moving and answering are required, EXCEPT FOR E-FILED MOTIONS.
Cross Motions, Affirmations In Opposition and Reply Affirmations will only be accepted on the return date in the Part. THE COURT WILL NOT CONSIDER ANY PAPERS SENT TO CHAMBERS OR THE PART AFTER THE TIME OF SUBMISSION.
All motions relating to any phase of discovery and/or Bill of Particulars, including motions to preclude and/or to strike or restore a case to the Trial Calendar, require personal appearance by counsel for all parties on every court date. The movant’s failure to appear for a discovery related motion will result in the motion being marked off calendar. If the movant appears but the opponent does not, the matter will be taken in without opposition. Counsel should be familiar with the case and prepared to discuss the case and agree upon a discovery schedule. If the motion has been brought by an Order to Show Cause and there is a stay or temporary restraining order therein, then all parties MUST APPEAR on the return date. All other motions and applications may be submitted on papers only.
Whenever a personal appearance is not required, use of calendar service is permitted both to submit papers and to request consent adjournments.
Oral argument will be entertained only in the Court’s discretion.
Motions may be adjourned on consent by written stipulation of ALL counsel and pro se litigants. The Stipulation can be brought to the Part on the return date or can be faxed to chambers (718-298-1158) no later than 5:00 p.m. on the day prior to the return date.
In the absence of consent to an adjournment, all applications for an adjournment must be made in person on the return date. There will be no more than two (2) adjournments, absent extenuating circumstances. After two (2) adjournments, all further requests for an adjournment must be made in person on the return date.
Please do not call the Part or Chambers for adjournments as NO adjournments will be granted on the telephone. Use service or fax.
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 preceded 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.
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, copy of the Bill of Particulars, a witness list, exhibit list, proposed jury instruction and a proposed verdict sheet. Counsel must also know the availability of all witnesses who they intend to call during trial.
On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit said motion in writing, with an 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 its conclusion. No adjournments or delays during trial will be accepted unless exigent circumstances exist.
Infant's Compromise Orders
Before submission of an infant’s compromise order, counsel shall contact the clerk of Part 24 to confirm that all necessary information and documentation has been submitted. If all necessary paperwork is presented, chambers will contact counsel to arrange a date for the infant’s compromise order to be reviewed.
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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