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New York StateUnified Court System

Hon. Paul Wooten


Part 97 Rules

Supreme Court - Kings County Civil Term
360 Adams Street
Brooklyn, NY 11201

Courtroom: 362
Tel.: 347-401-9127

Facsimile: 212-618-7965

Principal Law Clerk: Ms. Erin M. Gelfand, Esq.
Tel.: 347-401-9215

Part Clerk: Ms. Melissa Coleman
Tel.: 347-401-9127

 


General Rules

  • Calls to chambers should be limited to emergency applications, or if instructed to contact chambers by a member of the Judge’s staff. For routine matters, please consult the part rules or CPLR.
  • Pursuant to New York State Rules of Professional Conduct, Rule 3.5, the Bar is reminded that ex parte communications with the Court is prohibited.

Motions

  • Motion days are on Mondays. On motion days there are two (2) calendar calls. The first calendar call is at 10:00 AM and the second calendar call is at 11:00 AM. Applications to the Court shall be presented before 10:00 AM. Oral argument is required on all motions, unless modified by the Court. Failure to appear at the second calendar call will result in a default order being entered or the motion being marked off the calendar.
  • Ready cases are called in the order in which they are marked ready, and oral argument is required on all ready cases. Parties are encouraged to conference and resolve motions in a short form order. On all other motions, all parties must be present and ready for argument. Motions will be marked off if the movant fails to appear. If the non-movant fails to appear, the motion may be granted on default. A copy of the signed short form order must be served on all parties.
  • All E-Filed cases must send courtesy copies to the Court of all motion papers. Courtesy copies of E-Filed motion papers must be received by the Court at least seven (7) days in advance of the return date. Notice to E-Filed Cases: If a document is E-Filed that requires the attention of the Court (e.g. adjournment requests, stipulations to be So-Ordered, etc.) the party who E-Filed the document must call the Part Clerk to bring the matter to the Judge’s attention. If the document is not put on Part 97's e-file “To-Do List,” then chambers will not know about it.
  • All motion papers must be served on all parties to the case, and must be received by the Court at least 5 (five) days in advance of the return date of the motion. Motion papers, answering affidavits and reply affidavits must be served on adversaries in accordance with CPLR 2214 (see Kings County Supreme Court Uniform Civil Term Rules, Part C). Reply papers will not be accepted on the day of oral argument, absent leave or prior authorization by Justice Wooten.
  • Parties must bring affidavits of service to oral argument, if they are not annexed to the motion papers.
  • If there is a discrepancy between the relief sought in a Notice of Motion and the relief sought in the supporting motion papers, the Notice of Motion is controlling.
  • All exhibits to motion papers must be properly tabbed in accordance with Part A of the Kings County Supreme Court Uniform Civil Term Rules which states that motions, orders and other filed papers shall be indexed with protruding labeled exhibit tabs. Failure to use protruding exhibit tabs may result in the rejection of papers. Motion papers must be filed with the Motion Support Office or in the Ex Parte Office.
  • All motions must be accompanied by a memorandum of law, which may not be incorporated in a supporting affirmation. Failure to do so may result in rejection of motion papers.
  • Appearances before Justice Wooten must be made by attorneys with knowledge of the case and who are authorized to effectuate all decisions and orders, including discovery issues and settlement negotiations.
  • If you or your client need an interpreter you must call the Part Clerk at least three (3) business days prior to the return date of your motion to make such a request.
  • Motions to Amend: Motions to amend a pleading must include a “redline” that underlines or highlights the differences between the original pleading and the proposed amended pleading.
  • Post Note of Issue Summary Judgement Motions: Summary Judgment Motions may be made no later than 60 days after the filing of a Note of Issue, including third party actions. In both instances the above time limitation may only be extended by the Court upon good cause shown.
  • Pending Decisions: After a motion is submitted, the Court will not entertain any further arguments or submissions-legal authority or otherwise, while a decision is pending. In other words, no ex-parte, unsolicited communications of any nature is permitted.

Adjournments

  • All motions require appearances and oral argument, unless an adjournment of the motion has already been granted in advance of the Court date.
  • Applications for adjournments must be requested at least 48 hours (two business days) prior to oral argument.
  • Motions may generally be adjourned twice upon consent of the parties and the approval of the Court. All requests for adjournments, stipulations, affidavits of engagement or extensions of time must be accompanied by a cover letter and must state: (1) the original date; (2) the number of previous requests for adjournments; (3) whether previous requests were granted or denied; (4) whether the adversary consents to the adjournment, and if not, the reasons given by the adversary for refusing to consent.
  • A stipulation of adjournment will be accepted only if signed by all counsel/parties and provided it is faxed to Chambers at 212-618-7965 or submitted to the Part Clerk.
  • Adjournment requests by stipulation or affirmation are not automatic, as any adjournment request is subject to the Court’s approval. No later than 1 (one) business day prior to the return date, counsel shall call the Part Clerk to inquire as to whether adjournment requests have been granted.
  • Any adjournment requests not made at least two business days prior to oral argument, shall be made by personal application on the date of the Motion Calendar.

Other Motion Rules

  • Orders to Show Cause: Proposed Orders to Show Cause must be brought to the Ex Parte Office for review prior to submission to the Part. Fees, as required by law, must be paid to the County Clerk prior to submission.
  • Orders to Show Cause are returnable to the Court Room, Part 97, Room 362. Opposition papers to an OSC will be accepted no later than five (5) days before the scheduled argument date, unless otherwise directed by the Court. Reply papers are not permitted, absent Court approval. An OSC providing for temporary injunctive relief pending hearing of the OSC shall not be adjourned absent good cause.
  • Letters: All communications by letter shall be simultaneously delivered to all parties, failure to do so shall result in the letter being rejected as ex parte. Motions made in the form of a letter will not be accepted, unless specifically directed by the Court. If directed by the Court, an affidavit of service of the letter must be attached.
  • Facsimiles: The Court does not accept faxes, unless prior permission has been received from the Court. Any fax received without prior Court permission and proof of service will not be considered. Any faxes or emails received without permission will be discarded. When calling to seek permission to send a fax or email, please note that faxes and emails must be limited to time sensitive materials only. Parties are directed to fax or email all parties to the action.

Page Limitation and Formatting

  • Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five (25) pages, and reply memoranda are limited to ten (10) pages. All memoranda of ten (10) pages or more shall contain a table of contents.
  • Motion papers shall have 1" margins, 12 pt. Times New Roman or larger font, and be double spaced (no more than 23 lines/pg). Footnotes, to the extent they are necessary, shall be printed in 10 pt. Times New Roman or larger and be single spaced.
  • The captions for motion papers must list all plaintiffs and defendants. The use of “et. al.” in lieu of the names is prohibited.
    Notification of Settlement
  • Any time a settlement is reached, whether prior to jury selection or while on trial, the parties are required to immediately notify the Court during business hours by telephoning 347-401-9215 and/or 9127 and shall follow up with a formally executed Stipulation of Settlement or Discontinuance. This Stipulation is to be filed with the Court Clerk and/or electronically with a courtesy copy mailed to Chambers.

Trials

  • All parties must be present in Court by 9:30 a.m., unless otherwise scheduled by the Court
  • Prior to the commencement of the trial, counsel must submit to the Court the marked pleadings, bill of particulars, proposed jury charge language (PJI sections and titles), proposed jury verdict sheet, and copies of any deposition testimony that will be offered into evidence. All exhibits must be pre-marked by the clerk before trial begins.

Subpoenas

  • All subpoenas dropped off for the Court’s signature must be accompanied by a cover letter describing the need for the requested relief.
  • Once subpoenas are signed, they can be picked up in the box outside of the Courtroom. Please check the box first before reaching out to Chambers to inquire about the status of the subpoenas.
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