Preliminary Conference
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 Monday 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 ordered. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.
Compliance Conference
For all Non-Commercial Division cases, Compliance Conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Ritholtz in Courtroom 313.
For all Commercial Division cases, Compliance Conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Grays in Courtroom 66.
Motions
Motions are heard on Tuesdays at 9:30 a.m. There are two calls of the calendar. The second call of the calendar will be held at 10:30 a.m.
The moving papers shall be filed in the Motion Support Office at least five business days prior to the scheduled return date in order to be placed on the Part motion calendar for the day noticed. No motion relating to disclosure will be accepted by the Clerk’s Office without an affirmation of good faith as required by Uniform Rule 202.7.
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 NOR CROSS MOTIONS THAT DO NOT HAVE PROOF OF PAYMENT OF THE APPROPRIATE FEE. (CPLR §8020(a)).
Appearance of counsel and pro se litigants is MANDATORY on all disclosure motions (i.e. Motions to Vacate and Strike Note of Issue, Motions to Strike Pleadings, Motions to Preclude). The motions will be heard for all purposes in the Part on the return date. On that date, the motion will be conferenced by the Justice or her designee with the expectation that the issues will be resolved by stipulation. Papers will not be accepted from calendar service inasmuch as a personal appearance by counsel and pro se litigants is required.
Appearance of counsel and pro se litigants is also MANDATORY on all Orders To Show Cause, and motions which seek to continue a temporary restraining order or to extend the time to file a note of issue. Papers will not be accepted from calendar service inasmuch as a personal appearance by counsel and pro se litigants is required.
Appearances are not required on any other motions except as set forth above.
Applications for adjournments on consent, or otherwise, will be entertained only at the call of the calendar, and will not be entertained by mail, fax or by telephone. Calendar service or non-attorneys will not be permitted to make applications for adjournments. Applications for an adjournment will be granted as a matter of right for the first time but for no more than three weeks. No further applications will be granted without permission of the Court. Counsel must make every effort to notify their adversaries of their intention to seek an adjournment.
Courtesy copies of moving and answering papers need not be provided.
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.
Motion Papers
All motion papers submitted shall be in compliance with Uniform Rule Sec. 202.5, concerning papers filed with the court. In addition to the requirements of Sec. 202.5, all pages are to be numbered and all paragraphs are to 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 separating from each other and becoming lost. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION OF THE OFFENDING SUBMISSION.
Decisions
Any attorney or pro se litigant desiring a copy of the Court’s decision must submit a stamped, self-addressed envelope with the motion papers or at the conclusion of trial.
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.
Motions in Liminie – On the first appearance in the Part for trial, any party intending to make a motion in liminie 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 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 for the appropriate fee. (CPLR §8020(d)(1))
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