Hon. Joseph G. Makowski
Judicial Directory Information

Part 33 - 9th floor
50 Delaware Avenue
Buffalo, NY 14202
Ph: (716) 845-9465
Fx: (716) 851-3384

MOTIONS: Every Friday - Must be scheduled with the Court Secretary.

All moving papers, answering papers, reply papers (if any), memoranda and special term note of issue to be sent to chambers at least seventy-two (72) hours prior to return date. Therefore, motions must be served in accordance with CPLR plus three (3) days, as appropriate for the method of service. Absent acceptance of an untimely submission, the Court may refuse to consider the submission or adjourn the motion. With regard to Notice of Motion: one (1) copy to be supplied to the Court. With regard to Orders to Show Cause: the original and one (1) copy to be supplied to the Court. All key cases cited in memorandums of law must be provided to the Court in hard copy with motion papers. Oral argument must be requested at the time the motion is scheduled or the motion will be deemed submitted. When oral argument is requested, the motion papers must state an estimated time of argument, including rebuttal time. Time should be reserved in five (5) minute intervals. No party will be allowed more than twenty (20) minutes. If additional time is needed, permission from the Court must be secured. Counsel is required to attest to the Court, in the motion papers, that good faith discussions have been held with opposing counsel prior to the submission of the motion. TROs handled on a case-by-case basis. TROs will be granted on cases assigned to another judge, only if prior approval has been given by IAS judge or his/her law clerk. Motions cannot be adjourned on the scheduled day. Consent of opposing counsel is necessary for all adjournments unless court directs otherwise. Orders must be submitted to opposing counsel prior to submission to the Court. No motions regarding discovery will be made without the express permission of the Court and only after a conference is held. The Court may schedule a Preliminary Conference of the matter prior to argument at Special Term in order to resolve the motion and/or the case. Facsimile submissions are not accepted. Counsel are reminded that the CPLR does not provide for sur-reply papers, however denominated. Nor is the presentation of papers or letters to the court after submission or argument of a motion permitted. Absent express permission of the Court in advance, such materials will be returned unread. Opposing counsel who receive a copy of materials submitted in violation of this rule should not respond in kind.

CONFERENCES:

Before the Preliminary Conference, each counsel is to provide a brief (limited to three pages) written statement as to the nature of their client’s contentions, pending motions and any matters of law where they anticipate conflict. Prior to the Preliminary Conference, counsel for each party shall provide the Court with a copy of that party’s pleadings which have been filed as of the conference date. At the Preliminary Conference, an attempt will be made to resolve the disputes or narrow the issues in dispute. An Order will be issued by the Court which shall set forth a schedule for all aspects of pretrial discovery, a date to file a note of issue, a date for a final conference except in an extreme emergency and by consent of the judge. Adjournments are granted on consent of the Court only, not consent of counsel.

TRIALS and REFERENCES:

Adjournments granted by the judge only. Pleadings, and list of witnesses, are required at least ten (10) days prior to the commencement of trial. Dispositive motions must be filed in accordance with the Scheduling/Trial Order. Motions in limine are required three (3) weeks in advance of the trial, with answering papers no later than ten (10) days after service of motion and reply papers at least three (3) days prior to the commencement of the trial. Conference with IAS judge upon completion of jury selection. Formal requests to charge and proposed verdict sheets are required prior to jury selection.

Trial Requirements

At least three (3) weeks prior to the commencement of trial, the following items must be provided to the Court and to all opposing counsel and pro se parties. (Unless otherwise ordered by the Court):

a. Marked pleadings.

b. Pre-trial memoranda of law:
The memorandum shall be brief (less than ten [10] pages unless otherwise allowed by the Court) but comprehensive, and must address each question of law that the party expects to arise at trial including, but not limited to, the elements of proof necessary for each cause of action.

c. Witnesses:
If not disclosed previously, thirty (30) days prior to trial, each party shall provide the Court and opposing counsel a list of all witnesses (parties, experts, or others) whom the party expects to call, except witnesses who may be called only for impeachment or rebuttal. The list shall identify those whom the party expects to call in person and those who shall be called through deposition. A courtesy copy of such deposition testimony for the Court is required. Additionally, a brief outline of the direct testimony of a witness is to be provided to the Court. As to any experts, the list shall provide the information called for by CPLR §3101(d)(1)(I).

If any additional witnesses come to the attention of counsel prior to the trial, a supplemental list must be prepared for the Court as soon as possible, with notice to the opposing counsel. This supplemental list must include the reason why the witness’ name was not disclosed earlier. Noncompliance with the intent and purpose of this requirement may result in the exclusion of testimony and/or the imposition of sanctions.

d. Stipulated Facts:
At least ten (10) days prior to the commencement of the Trial, as set forth above, the parties shall submit to the Court a written stipulation governing all facts that are not in dispute.

e. Exhibit list, stipulation and objections:
Prior to, or immediately following Jury Selection (as time permits), the parties shall, with the Court Reporter, mark all exhibits to be offered by each party and a written stipulation as to the admissibility of each exhibit or a written statement setting forth the basis for each party’s objection to the admission of any exhibit whose admissibility is not the subject of a stipulation.

f. Requests to charge: (if applicable)
Counsel must, prior to jury selection, provide the Court with case-specific paragraph references to Pattern Jury Instructions, as well as any requested jury verdict interrogatories. The failure to do so may waive your right to object to the Court’s charge to the jury until after it is presented. (The Court is aware that additional or different charges may be necessary based on the developments or testimony at trial. On this basis, supplemental request to charge will be permitted.)

g. Motions in Limine:
At least three (3) weeks prior to commencement of the trial, any party making a Motion in Limine must submit the Motion to the Court and opposing counsel. Answering papers must be served no later than ten (10) days after the service of said motion. Any reply papers must be served at least three (3)days before the commencement of the Trial. Argument, if necessary, will be scheduled with the Court as time permits.

Limitations of Opening and Closing:
Counsel are advised that the Court may impose a time limit on each attorney for their opening and closing statements to the Jury. The time limit issue may be addressed at the Pre-Trial Conference. If any time limits are imposed, they shall be strictly adhered to by all counsel and pro se parties.

MISCELLANEOUS:

Scheduling Conflicts with Another Court:

If counsel is involved in “actual engagement” in another court on a day a case is reached for trial, the Uniform rules for the Engagement of counsel (Section 125.1) will govern any requested postponement or adjournment. The court reserves the right to receive an affidavit or affirmation proving such engagement, as provided by those rules.

The purpose of this Court is to help litigants resolve their disputes in a fair and equitable manner. Should the attorneys have need of the Court’s services at any time, a conference with all parties present in person or by telephone can be arranged through the Court’s staff. Attorneys are reminded, however, that ex parte communications to the Court are prohibited by the CPLR and the Code of Professional Conduct.