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 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 9:30 A.M., at the Preliminary Conference Part, Room 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. Any inquiry pertaining to Preliminary Conferences shall be made to the Preliminary Conference Part at (718) 298-1046.
Compliance Conference:
Compliance Conference shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. All Compliance Conferences shall be held on Wednesdays at 9:30 A.M. before Justice Ritholtz, Room 313.
Inquiries pertaining to Compliance Conferences shall be made to the Compliance Conference Part at 718-298-1093.
Motions:
Motions are heard on Wednesdays at 9:30 A.M. There will be second call of the motion calendar at 10:30 A.M. In the case of e-filed motions, a hard copy must be submitted to the Court on the return date.
Appearance of counsel and pro se litigants is mandatory on all motions. Mandatory appearance is required by counsel with knowledge of the case and with full authority to settle or enter into binding stipulations on the return date. The motions will be heard for all purposes in the Part on the return date. On that date, the motions will be conferenced and/or orally argued at the Court’s discretion with the expectation that all discovery 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.
Discovery motions require inclusion of an affirmation of good faith, setting forth, in detail, the efforts utilized by the moving attorney to obtain discovery prior to requesting judicial intervention. Conclusory statements by the attorney or failure to demonstrate good faith efforts may result in summary denial of the discovery motion.
Absent extenuating circumstances, consent adjournments will be limited to first time only. Thereafter, attorneys seeking further adjournments MUST APPEAR. No motion shall be adjourned more than the aggregate period of 60 days from the original return date of said motion.
The answering papers, including cross motions, affirmations in opposition and reply affirmations, will be accepted only on the return or adjourned date in the Part. The court will not consider papers sent to Chambers or to the Part after full submission of the motion or cross motion(s). Nor will it accept cross-motions that do not have proof of payment of the appropriate fee. (CPLR § 8020[a]).
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. 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.
If consent for an adjournment cannot be obtained, an application must be made to Justice Seigal by counsel on the return date.
Calendar service or non-attorneys will not be permitted to make applications for adjournments.
Under normal circumstances, no motion will be adjourned more than twice. Motions relating to discovery may be adjourned only once.
Answering and reply papers will be accepted only on the return date in the Part. The Court will not consider papers sent to Chambers or the Part after submission. Papers will not be accepted from calendar service if a personal appearance by counsel is required. Courtesy copies of papers are NOT required.
ABSOLUTELY NO ADJOURNMENTS WILL BE GRANTED OVER THE TELEPHONE.
Motions Papers and Ex Parte Applications:
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))
Infant’s Compromise Orders:
Before submission of an Infant’s Compromise Order, counsel shall obtain from the Clerk of Part 5 an infant compromise check list to ensure the submission of all necessary information and documentation. Infant Compromise Hearings will be scheduled by the Court, and the plaintiff will be informed of the hearing date via telephone.
Uncontested Matrimonials:
This Court takes seriously its duty to protect children in calculating child support. Unsupported deviations from the guidelines will result in rejections and thus delay the sought judgment of divorce. Radical deviations from child support guidelines must be thoroughly explained in an affidavit of a party, without resorting to conclusory language and in an attorney’s affirmation. This Court expects counsel and any divorce service to take seriously their roles in reporting incomes honestly and calculating child support pursuant to the guidelines.
Electronic Filing of Legal Papers:
Electronic filing is available for filing legal papers with the Court. Parties interested in electronic filing should read the materials set forth at https://iapps.courts.state.ny.us/fbem/mainframe.html and at the Queens County site. The rules and user’s manual for electronic filing are available on this website.
On the return date, all parties must submit hard courtesy copies of any motion/responsive papers that are electronically filed.
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