12th Judicial District - Bronx County

Filing Of Papers In Supreme Court

All papers to be filed in Supreme Court, Civil Term, Bronx County should be submitted to the Motion Support Office, room 217 for approval before paying any fees to the County Clerk. Filing of papers are governed by the Civil Practice Law and Rules (CPLR) Of the State of New York and the Uniform Rules for New York State Trial Courts [22 NYCRR] 202, generally, and in particular by the appropriate statute or rule. Any papers filed in court shall comply with CPLR 105(t), 2101, 8019(b) and (e), URNYSTC 205.5. and the Rules of the Chief Administrator 130-1.1a.

Request For Judicial Intervention

The Request for Judicial Intervention (RJI) is filed in an action, when the action needs to be assigned to a Justice of the Supreme Court, although a few exceptions to this rule does exist. The RJI. is the "data entry sheet" for entry into the court system database, therefore, all information requested must be filled out and accurate. Only one action per RJI can be filed and the full caption (as on the Summons) must be used. The use of et. al., and etc. is prohibited. The RJI (revised 1/31/2000) must be used and all information called for must be filled in. For Contested Matrimonial actions the section on page two for must also be completed. The RJI also contains an affirmation at the end that requires an attorney's signature. The RJI. must be filed in duplicate and served with the accompanying application upon all parties, unless it is an ex-parte application, with a $ 75 filing fee. Proof of accuracy of the index number must accompany the RJI. [22 NYCRR] 202.6.

Notice Of Motion

A Notice of Motion must be served at least eight days, by personal service, nine days by overnight express and thirteen days by mail before the return date (CPLR 2214). Service by mail must be within the state (CPLR 2103 (f)-1). All unassigned motions must be accompanied with a properly filled out RJI and shall be filed in the Motion Support Office, room 217, within five days of service. All motions on actions already assigned to a Justice must be filed at least five business days before the return date.

Requests For Preliminary Conference

A party may request a preliminary conference at any time after service of process. The request shall state the title of the action, index number, names, addresses and telephone numbers of all attorneys appearing in the action, and the nature of the action. If the action has not been assigned to a judge, the party shall file a request for judicial intervention (RJI) together with the request for preliminary conference. The request shall be served on all other parties and be filed with the clerk for transmittal to the assigned judge [22 NYCRR] 202.12a. Medical, dental and podiatric malpractice actions: These actions must file a Notice of Malpractice for a preliminary conference to be scheduled [22 NYCRR] 202.56. A Notice of Malpractice must be filed within sixty days after joinder of issue by all defendants named in the complaint or after the time for the a defaulting party to appear, answer or move with respect to the pleading has expired. The form and content must be as contained in [22 NYCRR] 202.56. Such notice shall be filed after the expiration of sixty days only by leave of the court on motion and for good cause shown.

Notes of Issue

To put an action on the trial calendar, you must file an original and one copy of the Note of Issue, Certificate of Readiness and Affidavit of service. [22 NYCRR] 202.21b. The note of issue must be filed in the clerk's office within ten days of service. A note of issue can only have one index number and one caption and the caption must be complete (no et. al. or etc. etc.). If one or more actions have been consolidated you should supply the clerk with the order of consolidation showing the consolidated index number and caption. If one or more actions have been joined for trial each action must file a separate note of issue.

Special Proceedings

Special Proceedings can be brought on by either an Order to Show Cause or by a Notice of Petition. If the action is brought on by a Notice of Petition the papers, RJI, notice of petition and petition, must be first approved in room 217, then filed in the County Clerk's office room 118. After you pay for the index number and RJI in the County Clerk's office you will bring the receipt stamped RJI and original notice of petition and petition back to room 217 where it will be kept until you file affidavits of service with room 217. Affidavits of service must be filed at least five business days before the return date of the notice of petition otherwise it will not be calendared.

Settled Orders

Motion decisions frequently call for counsel to settle or submit an order which embodies the decision. Any party may submit an order with notice of settlement Settled orders must be submitted to the court within 60 days of the filing of the decision giving rise to the order. Orders submitted to the court after this date must be accompanied by an affirmation of lateness. If no order is settled or submitted, the motion is deemed abandoned. The notice of settlement in the form provided on most attorney blue backs together with a copy of the proposed order must be served on all parties served with the notice of motion (or OSC where applicable). The notice must specify a date certain when the proposed order will be submitted to the judge. When service is by mail, the parties must be served at least ten days prior to the settlement date; personal service requires only five days. Counsel who feel that the order they have been served with does not comply the judge's decision may submit a counter-order. It too must be served on all parties; not less that two days for personal service, seven days for mail. It is helpful to send along a brief description of the difference between the counter order and the original settled order. No appearance is required on the settlement date.

Orders To Show Cause

All Orders to Show Cause and their accompanying papers should be presented at the front desk in the Clerk's Office in Room 217. As with any other ex-parte order they must comply with CPLR 2217(b) and state the results of any other application for the same relief. The OSC itself should be double spaced. Attorneys should comply with type size requirements and special language required by any applicable statute. If the OSC is the first application for judicial intervention being filed in the case, the OSC must be accompanied by an RJI. If an index number for the case has not been purchased previously, one must be purchased at this time. Any OSC (except for a Matrimonial OSC where the Judge has simultaneously issued an Preliminary Conference Order) may be conformed over the telephone after 2:00 PM by calling (718) 618-1400 and telling the clerk who answers that you wish to conform an Order to Show Cause. An OSC may be conformed in person at any time during business hours. Most OSC 's presented by 11:00 AM (except Article 81 Mental Hygiene Law) are ready to conform that afternoon. For this reason and because many OSC 's have short service dates, it is not advised that you use a clerical service to track OSC 's. After service of the OSC, proof of service must be filed no later than noon of the day prior to the return date in the motion support office, room 217. Failure to file proof of service timely will result in the OSC not being calendared or heard. No stipulation to adjourn an OSC will be honored if proof of service has not been filed in accordance to the above cited rules. All OSC 's require an appearance on the return date unless the Judge assigned to the matter specifically states otherwise.

City Part No Adjournment Rule

Justice Victor, presiding in the City Part in Bronx County, has announced new rules for trial ready cases and settlement conferences. As a result of the continuing backlog of pending cases in the New York City Part, the Court declared that a crisis existed which mandated the adoption of revised court rules implementing a new calendar system which incorporates a "no adjournment" policy for those cases reached for assignment to a trial part. The City of New York has assured the Court it will provide five trial attorneys each week each of whom will be ready to proceed to trial on a minimum of two cases each week, thus guaranteeing the commencement of five trials with an additional five cases to follow upon the conclusion of each prior trial. The new rules are intended to eliminate the inordinate delay in the trial of cases assigned to this Part and to dispose of the pending post note of issue cases in a reasonable fashion within the courts available resources.

Miscellaneous Notes

All applications to the Special Trial Part must be by Order to Show Cause. In any other Part, applications should be by notice of motion wherever possible. The Court will not sign a Temporary Restraining Order (TRO) against a public officer, board or municipal corporation of the state. The public officer, board or municipal corporation must be given an opportunity to argue any injunction before it can be granted. The sole exception is a TRO to preserve 911 tapes.