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New York StateUnified Court System

Hon. Kathy J. King


Part 64, 76K, and DJMP Rules

Part Clerk: Dionne Aubourg
Courtroom Room Number: 296
Courtroom Telephone Number: (347) 296-1435

Chambers Room Number: 1050E
Chamber Telephone Number: (347) 401-9186
Chambers Fax Number: (347) 401 9132

Law Secretary: Alvin C. Vanessa Ogar, Esq.
Personal Secretary: Blerina Bako
Court Officer: Maria Ramos


CIVIL TERM - PART 64

CONFERENCES

All court conferences will be held in Courtroom 296, in 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 has been settled, discontinued, dismissed or otherwise disposed of.

MOTIONS

  • Commencing on February 17, 2016, motions will be heard every other Wednesday (except legal holidays); motions pending in Part 64 shall be heard in Room 296, 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. promptly. Judge King is on the bench for both calendar calls.
  • Applications will be taken after the calendar call. Parties must be ready to proceed in the event the application is denied.
  • Appearances must be made by attorneys with knowledge of the case and the pending motion.
  • Parties are encouraged to resolve discovery motions and to present consent orders for signature listing the specific items outstanding and the dates for production. On all other motions, all parties must be present and ready for argument.
  • The motion will be marked off if the movant fails to appear. If the non-moving party does not appear, the motion will be granted on default, a copy of the signed short form order must be served on the non-moving parties by certified mail and all parties are bound by the terms of the order.
  • Counsels are advised that if a motion has been marked ready on the second call and no one appears to argue the motion when it is called to be heard, a default may be taken against the party that answered ready and then failed to appear.
  • Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR 2214 and received by the Court at least 4 days before the scheduled return date.
  • All motions are to be submitted with proposed orders. The Court’s signature line must not appear on a page with no writing.
  • Excepting those motions with briefing schedules, opposition shall be filed with Motion Support and date stamped no later than 7 business days prior to the scheduled return date in the part.
  • Reply papers must be provided to the Court before the first calendar call on the scheduled return date in the part.
  • Exhibit tabs are required on all papers filed with the Court. Affirmations, affidavits and legal memoranda must be double-spaced.
  • Summary judgment motions must be made within sixty (60) days of the filing of the note of issue.
  • Proposed orders to show cause must be brought to the Ex Parte Motion Support Office for review prior to submission to the part. Fees as required by law must be paid to the County Clerk prior to submission.
  • No unsolicited courtesy copies of motion papers are to be filed with Chambers or the Courtroom, unless the action is subject to e-filing.

 TRIALS

  • All parties must be present in court by 10:00 A.M. unless otherwise scheduled with the Court.
  • Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR Section 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 Court 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 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 should be furnished to the Court at the commencement of the trial.
  • 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 (aogar@nycourts.gov) in editable text format such as WordPerfect or MS Word (.doc) format.

E-FILED CASES

  • Courtesy copies of all motion papers, responsive papers, and proposed orders shall be submitted in all E-filed cases to the Court no later than one week prior to the return date.
  • All courtesy copies for E-filed matters should be submitted through the Motion Support Office and time stamped.
  • All courtesy copies shall have the NYSCEF Confirmation Notice attached.
  • Courtesy copies shall have exhibits tabbed.

INFANT COMPROMISE & DEATH 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. A current medical report, physician affirmation, and affirmation of no liens are required with the submissions.
  • Death Compromise petitions must comply with the provisions of EPTL §5-4.6 and include an affirmation of no liens or, where liens are asserted, documentation of such liens. The Order must include a directive for payment of liens.
  • 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.

 

CIVIL TERM – PART 76K

  • Commencing on February 17, 2016, motions will be heard every other Wednesday (except legal holidays); motions pending in Part 76K shall be heard in Room 296, in 360 Adams Street, Brooklyn, New York.
  • The only call of the calendar shall be at 2:30 P.M.
  • All motions and status conferences require appearances and oral arguments, unless otherwise advised by the Court.

 

CIVIL TERM - DJMP

DEFAULT JUDGMENT MOTION PART

  • Commencing November 1, 2016, and every other Tuesday and Thursday thereafter, motions pending in the Default Judgment Motion Part (DJMP) shall be heard in Room 296, 360 Adams Street, Brooklyn, New York.
  • There shall be one calendar call at 11:00 A.M. Judge King is on the bench for this call.
  • Motions that are not answered on the calendar call, shall be marked off, or a default may be entered, as appropriate. 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.
  • Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR § 2214.
  • No courtesy copies of motion papers are to be filed with Chambers or the Courtroom, unless the action is subject to e-filing. A courtesy copy of all e-filed papers must be filed with the Part Clerk in the Courtroom, at least one week prior to the return date of the motion.
  • All motions require appearances and oral arguments.
  • Motions may be adjourned twice upon consent of the parties. Any further adjournment requires leave of Court upon good cause shown. A stipulation of adjournment will be accepted only if signed by all counsel and provided it is emailed to the part clerk or submitted to the Motion Support Office at least one (1) business day prior to the return date of the motion.
  • Proposed orders to show cause must be brought to the Ex Parte Motion Support Office for review prior to submission to the DJMP. Fees as required by law must be paid to the County Clerk prior to submission.

 INQUESTS

  1. Inquests will be held on November 10, 2016 and November 22, 2016 at 10:00 A.M., in Room 296. Commencing December 6, 2016 and December 8, 2016, and every other Tuesday and Thursday thereafter, inquests will be held at 10:00 A.M., in Room 296. There will be ONE call for Inquest Calendar.
  2. At the time of the inquest, Plaintiff shall provide the Court with a copy of marked pleadings and a copy of the default judgment, with proof of service on the defendant (s) and proof of filing of the Note of Issue.
  3. Certified medical records or testimony of a physician is required to prove damages.

STIPULATIONS OF DISCONTINUANCE

  • All Stipulations of Discontinuance shall be paid for in the County Clerk’s office and filed in Motion Support.
  • Stipulations of Discontinuance involving an infant or a death case shall be submitted as noted above and shall include a brief attorney affirmation in support of the request for the stipulation to be so ordered.

ADJOURNMENTS & CORRESPONDENCE

Motions:

Non-disclosure related motions may be adjourned twice upon consent of the parties or upon application to the Court. For first and second adjournment requests, a confirmation, in stipulation form, is to be emailed to the Law Secretary at aogar@nycourts.gov and all questions regarding adjournments must be directed to the Part Clerk at (347) 296-1435. Any further adjournments must be made upon application to the Court for good cause.

Note of Issue Date:

A motion is generally required to extend the Note of Issue date (§ 202.21 [d]), but the Court may “so order” a stipulation extending the note of issue upon application faxed to chambers, containing, at the least, the following information: the reason for the extension, which shall constitute good cause; the dates of the preliminary conference order and all compliance conference orders; a description of any disclosure that remains to be completed, and a date for completion of each item.

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.

INQUIRIES

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

NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED .

MISCELLANEOUS

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

 

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