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 April 5, 2005, the Motion Calendar will be called every Tuesday at 10:30 a.m. PROMPTLY. THERE WILL BE NO SECOND CALL. No courtesy copies to chambers are required EXCEPT IN THE CASE OF E-FILED MOTIONS. The Court will not accept stipulations to adjourn motions prior to the calendar call.
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. Counsel should be familiar with the case and prepared to discuss 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.
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. 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. Adjournments will be limited to two, absent extenuating circumstances.
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.
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.
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 obtain from the clerk of Part 24 an infant's compromise checklist to ensure the submission of all necessary information and documentation.
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.
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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