PART RULES

HON. ELEANORA OFSHTEIN

 

I. Check In/Appearances:
1. All parties/attorneys must timely check in with the Part Clerk. 
2. It is the responsibility of the party/attorney to verify the disposition of cases on a daily basis.

II. Defaults:
1. A default calendar will be called at the following times, circumstances permitting:
(A) 11:00 a.m. for cases on the 9:30 a.m. calendar;
(B) 3:00 p.m. for cases on the 2:00 p.m. calendar.
2. If a party/attorney has not checked in after the default calendar is called, the case will be disposed of in the Court's discretion.
3. If a party/attorney fails to return to the Part within a reasonable time after checking in or submitting a stipulation, the case will be disposed of in the Court's discretion.
4. All applications for a default judgment must be made to the Court or the case will be disposed of in the Court's discretion.   
  
III. Adjournments/Discontinuances/Motions:
1. Adjournments/Discontinuances are not automatic and are subject to the approval of the Court. All such applications must be made in writing or orally before the Court and must state the reason.  
2. Motions may not be submitted without oral argument unless permitted by the Court.

IV. Inquests:
1. Inquests are not held the first time a case appears on the calendar. Rather, the case is adjourned and the court mails a postcard to respondent.
2. Petitioners must be prepared to submit competent evidence of the non-military status of all non-answering respondents before a judgment is entered after Inquest.

V. Conferences/Stipulations:
1. Any party/attorney may request a conference by notifying court personnel.
2. All stipulations must be legible and comprehensible.
3. Where rent/use and occupancy are at issue, a detailed rent history must be provided and issues of repairs, if any, addressed including alleged conditions, access dates and a completion date.
4. All stipulations of settlement must be submitted for review, allocution and approval by the Court.
5. Parties/attorneys must remain available to the Court to address any issues that may arise during the allocution of a stipulation. If a party/attorney is not available to the Court within a reasonable period of time after allocution, the case will be disposed of in the Court=s discretion.
6. All stipulations where a party has a guardian ad litem (GAL) will be reviewed by the Court and may not be labeled "Two Attorney." All GALs must be available to the Court for such review.

 

 

These rules are subject to modification by the Court.
(3/08)