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New York StateUnified Court System

Hon. Genine Edwards


Part 80

360 Adams Street
Brooklyn, NY 11201

Part 80
Courtroom Room Number: 359
Courtroom Telephone Number: (347) 401-9799

Chambers Room Number: 370
Chamber Telephone Number: (347) 296-1643
Chambers Fax Number: (212) 295-4894

Principal Law Clerk: Renee Williams, Esq.
Secretary: Sylvia Rodriguez
Part Clerk: Theresa Foley


DO NOT SEND CORRESPONDENCES OR MAKE ANY INQUIRIES VIA E-MAIL TO THIS PART

 

CIVIL TERM - PART 80

 ADJOURNMENTS

Non-disclosure related motions may be adjourned once, upon consent of the parties, with a schedule for remaining briefing. Any further adjournments must be made upon application to the Court for good cause. The stipulation, with an adjournment date pre-approved by the Court, shall be faxed to chambers at (212) 295-4894.

Disclosure-related motions will not be adjourned. They will be referred to the Preliminary Conference Part or to the Central Compliance Part.

 

APPEARANCES

 Appearances must be made by attorneys with knowledge of the case and the pending motion.

  

CONFERENCES

All conferences will be held in Courtroom 359, at 360 Adams Street, Brooklyn, New York. There will be two calls of the calendar for conferences, which will commence promptly at 9:45 A.M. and 10:30 A.M. All parties must appear by counsel unless the Court was notified in advance that the matter was settled, discontinued, dismissed, or otherwise disposed of.

 

DEFAULTS

Pursuant to Uniform Rule § 202.27 the Court has discretion in addressing a calendar default. Thus, an action may be dismissed or judgment entered for the failure of a party to appear for a conference or hearing, or a motion marked off if the movant fails to appear on the return date.

Similarly, a motion, if appropriately supported, will likely be granted upon the failure of the non-moving party to appear. The Part Clerk will mark the motion “RESERVED” and the movant will submit a proposed order to the Part Clerk.

Counsel is advised that if a motion has been marked ready and no one appears to argue the motion when it is called to be heard, a default may be taken against the party who answered ready and then failed to appear.

 

E-FILED CASES

Courtesy copies of all motion papers, opposition papers, reply papers, and proposed orders shall be submitted to MOTION SUPPORT at least ONE WEEK prior to the return date of the motion.

 All courtesy copies shall have the NYSCEF Confirmation Notice attached.

Courtesy copies shall have exhibits tabbed.

 

GENERAL MOTION CALENDAR 

  • Motions will be heard every Friday (except legal holidays) in Courtroom 359, at 360 Adams Street, Brooklyn, New York.
  • All motions require appearances and oral arguments.
  • The first call of the calendar is at 9:45 A.M. The second call of the calendar is at 10:30 A.M.
  • Applications shall be taken after the calendar call. Parties must be ready to proceed in the event the application is denied.
  • Parties are encouraged to resolve motions and to present consent orders for signature.
  • Except those motions with briefing schedules, all motion papers, opposition papers, and reply papers shall be served on adversaries as per CPLR § 2214.
  • All motions are to be submitted with proposed orders. The Court’s signature line must not appear on a page with no writing.
  • Affirmations, affidavits, and legal memoranda must be double-spaced.
  • All exhibits are ONLY to be preceded by a numbered exhibit tab which protrudes from the stack of papers.
  • All papers are to be securely fastened so as to prevent the papers from separating from each other and becoming lost.
  • The motion sequence number must be on the first page of all papers submitted.
  • No unsolicited courtesy copies of papers shall be filed with Chambers or the Courtroom.
  • Failure to comply with the requirements of this section may result in the rejection of the offending submission.

 

ORAL ARGUMENT CALENDAR

  • Motions on the oral argument calendar are those motions which have been adjourned from the general motion calendar, Order to Show Cause, and cross motions that have been placed on the oral argument calendar.
  • The oral argument calendar is heard every Friday in courtroom 359.
  • First call is at 9:45 A.M. Second call is at 10:30 A.M.
  • Adjournments for motions on the oral argument calendar are on application to the Court, even if the parties consent, and will only be granted for good cause shown.

 

TRIALS

  • All parties shall be present by 9:30 A.M. unless otherwise scheduled with the Court.
  • Bill of Particulars/Marked Pleadings. Prior to trial, counsel shall furnish to the Court the bill of particulars, and the marked pleadings pursuant to CPLR § 4012.
  • Exhibits. Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial the exhibits and the list will be given to the Part Clerk who will officially mark them before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.
  • Witnesses. Prior to trial, Counsel shall provide to the court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony, and any interpreters needed.
  • Motions in Limine. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.
  • Depositions. A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial. If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, well in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.
  • Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form no later than the close of plaintiff's case. Additionally, proposed jury charges and the proposed verdict sheet shall be emailed to the Court (williamr@nycourts.gov) in editable text format such as WordPerfect or MS Word (.doc) format.

 

INFANT COMPROMISE ORDERS

  • Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72.
  • Hearings will be scheduled by the Court. Any adjournments must be obtained through Chambers.
  • Infant Compromise petitions must comply with CPLR §1208. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or defaults in appearances. The infant’s medical reports, a physician affirmation, and an affirmation of no liens are required with the submissions.
  • If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order.
  • Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
  • All submissions must be separated by exhibit tabs.
  • The Court’s signature line must not appear on a page with no writing.

 

STIPULATIONS OF DISCONTINUANCE

  • 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 chambers.
  • All Stipulations of Discontinuance shall be paid for in the County Clerk’s office and filed in Motion Support.  

 

MISCELLANEOUS

The Kings County Supreme Court Uniform Civil Term Rules can be located at: http://www.nycourts.gov/kingscivil/KingsCivilSupremeRules.shtml.

 

INQUIRIES

All inquiries as to the case or calendar status shall, in the first instance, be made to the MOTION SUPPORT OFFICE, Room 227, Telephone (347) 296-1694. Chambers staff is not permitted to provide guidance or advice to attorneys or litigants.

No unsolicited courtesy copies of papers shall be sent to chambers. No correspondence between attorneys shall be sent to chambers, other than stipulations signed by all parties. If the parties agree to a conference with the Court in lieu of/or to stave off further motion practice, the parties may contact chambers by conference call to schedule a meeting.

 

NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED.