General Rules:
All counsel must appear for all calendared matters unless specifically excused.
Counsel must make every effort to notify their adversary of any intention to seek an adjournment, and, if possible, to obtain consent of all parties.
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 Wednesdays 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 Mondays 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 Tuesdays at 9:30 A.M. There are two calls of the calendar. The second call will be held at 10:30 A.M.
The moving papers shall be filed in the IAS Motion Support Office at least seven 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 affirmation, will be accepted only on the return date in the Part.
Appearance of counsel is mandatory on all disclosure motions (i.e. Motions to Vacate and Strike Note of Issue, Motions to Strike Pleadings, Motions to Preclude etc.). The motion 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 his designee with expectation that the issues will be resolved by stipulation. Failure of the moving party to appear on the return date or submit a “So-Ordered” Stipulation settling the issues and withdrawing the motion, will result in the motion being marked off the calendar. The Court will not accept a “So-Ordered” Stipulation extending the time to file a note of issue. It must be done by motion practice.
Appearances of all parties are required wherein an application will be made to impose or continue a temporary stay or restraining order. Oral argument will be entertained only in the Courts discretion.
All other motions and applications may be submitted on papers only. Whenever a personal appearance is not required, use of calendar service is permitted both to submit papers and to request consent adjournments.
All inquires to case or calendar status are to be made to the appropriate clerk’s office.
IAS Motion Support (718) 298-1009
Ex-Parte Support Office (718) 298-1018
Trial Term Office (718) 298-1015
Adjournments:
Do not call Part 6 or Chambers for adjournments as NO ADJOURNMENTS WILL BE GRANTED BY TELEPHONE.
Motions may be adjourned on consent provided a written stipulation of counsel is submitted to the Court on the return date. All stipulations must contain the signature of the attorney consenting to the adjournment. A form which contains only the name of the firm on the stipulation will not be accepted. Stipulations must also contain a schedule for exchange of opposition and reply papers occurring prior to the adjourn date. Stipulations may be submitted by calendar service or non-attorneys.
If consent for an adjournment can not be obtained, an application must be made to Justice Cullen by counsel on the return date. Calendar service or non-attorneys will not be permitted to make application for adjournments.
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 except in electronically filed cases.
Motion Papers and Ex-Parte Applications:
All motion papers and ex-parte applications 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 papers are to be numbered, and all paragraphs are to be numbered. All exhibits are to be preceded 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.
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, an exhibit list, proposed jury instructions and a proposed verdict sheet.
Motions in Limine shall be submitted on the first appearance in the Part for trial. Any party intending to make a Motion in Limine 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.
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 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 6 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:
Any corrections to a rejected set of matrimonial papers must be submitted to the Matrimonial Clerk NOT directly to chambers.
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 www.nycourts.gov/efile. 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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