Preliminary Conference
A preliminary conference shall be scheduled automatically by the Court within forty-five (45) 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 Jamaica 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.
Preliminary conferences are held in the Jamaica courthouse not the Long Island City courthouse.
All preliminary conferences will be held on Wednesday at 11:30 a.m. at the Preliminary Conference Part, Room 314 of the Jamaica courthouse located at 88-11 Sutphin Blvd., Jamaica, NY, 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
Conferences shall be held before Justice Ritholtz in Room 313 at the Jamaica courthouse, not the Long Island City courthouse.
Compliance conferences shall be held on the date scheduled in the Preliminary Conferences Stipulation and Order. . Any inquiry pertaining to compliance conferences shall be made to the Compliance Conference Part at 718-298-1093.
Motion
Beginning October 11, 2007, the Motion Calendar will be called in the Long Island City Supreme Court Courthouse located at 25-10 Court Square, Long Island City, NY 11101-4335, every Thursday at 11:30 AM. PROMPTLY. 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 strike or restore to the trial calendar, require a personal appearance by counsel for all parties. Counsel should be familiar with the case and prepared to discuss and agree upon a discovery schedule with the Court. If the Court requires oral argument, counsel will be alerted. 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 is not required and 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.
Adjournments will be limited to two, absent extenuating circumstances.
The answering papers, including cross motions, affirmations in opposition and reply
affirmations, will be accepted only on the return date in the Part. The court will not consider papers sent to chambers or to the part after submission of the motion or cross motion(s) that do not have proof of payment of the appropriate fee. (CPLR § 8020[a]).
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.
Do not call the Part or Chambers for adjournments. 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
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, 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 make such motion orally but may submit a memorandum of law in support of the application. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy. Any written motions in limine require proof of payment of the appropriate fee.
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.
Tort actions are generally bifurcated. The Court expects, unless advised previously by counsel, that any trial on damages will follow immediately after a verdict finding the defendant liable.
Prior to coming to the Part, plaintiff’s counsel shall requisition the file from the County Clerk and deliver it to the Part Clerk. Counsel must advise the Court, Part Clerk and Court Officer of any special needs, e.g., interpreters, easels, shadow boxes, television, VCR, etc., in advance, so as not to delay the progress of the trial.
The Court encourages that trial exhibits be pre-marked for identification and, where possible, stipulate to the admissibility of clearly admissible documents and records.
Counsel should alert the Court at the pre-trial conference as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses and any other practical problems that the Court should consider in scheduling.
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 of settlement 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 § 8020[d][1]).
Infant's Compromise Orders
Before submission of an infant’s compromise order, counsel shall obtain from the clerk of Part 35 an infant’s compromise checklist to ensure the submission of all necessary information and documentation. Proof of payment of any appropriate fee is required.
Uncontested Matrimonials
Any corrections to a rejected set of matrimonial papers must be submitted to the Matrimonial Clerk in Jamaica, not Long Island City and NOT directly to chambers.
This Court takes seriously its duty to protect children in calculating child support. Unsupported deviations from the guidelines will result in rejections and thus slow down the sought after judgment of divorce. Deviations from child support guidelines must be thoroughly explained in an affidavit of the party, without resorting to conclusory language, and in the attorney’s affirmation.
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