Preliminary Conference
Pleased refer to Preliminary Conference Rules published on the New York Law Journal Website for Queens County.
Compliance Conferences
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. in Courtroom 48. A second call will immediately follow.
Personal Appearances
A personal appearance by counsel for all parties is required for 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 when there is an issue pertaining to discovery. Counsel should be prepared to discuss and agree upon a discovery schedule and must have cleared available dates with their party’s witnesses. If it is the first time on, discovery motions may be adjourned by stipulation signed by the attorneys for all parties. To request any further adjournments of discovery motions, all sides must appear.
Orders To Show Cause
If a motion has been brought by an Order to Show Cause containing a temporary restraining order then all parties Must appear on the return date unless all parties stipulate to continue the temporary restraining order until there is a determination by the Court.
In some rare cases due to an emergency, the Court in the Order to Show Cause sets specific dates for service of opposition and reply papers. In those cases those dates may not be extended and the motion may not be adjourned without a further Order of the Court.
On Submission
All motions and applications other than those referred to above may be submitted on papers only.
Whenever a personal appearance is not required, use of a calendar service is permitted both to submit papers and to request consent adjournments, which will be limited to two. The first adjournment on consent will be allowed upon written stipulation. All stipulations must contain the signature of the attorney consenting to the adjournment. A form which contains only the printed name of the firm on a stipulation will not be accepted. Motions will be given adjournments in four week intervals absent extenuating circumstances. Thereafter, attorneys seeking a further adjournment Must Appear. In any event, adjournments will be limited to two absent extenuating circumstances.
Oral argument will be entertained only in the Court’s discretion.
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 in advance of all applications.
The Court will not consider papers sent to Chambers or to 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.
Applications for Legal Fees
On any application for legal fees in mortgage foreclosure actions, the affirmation of services rendered must be explicitly tabbed or the application will not be considered.
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